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Riverwalk 7th Addn Railroad, Quit Claim Deed, Bell Street Ext. i3~~~E ~<k~ MEMORANDUM May 30,2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager -.; , -J SUBJECT: Chicago, Central and Pacific Railroad Company Port of Dubuque - Real Estate Sale Contract Addendum Acceptance of Quit Claim Deed City Engineer Gus Psihoyos recommends acceptance of a Quit Claim Deed associated with the Railroad Real Estate Property Acquisition Agreement with the Chicago, Central and Pacific Railroad Company for the purpose of completing public improvements for the Bell Street Extension (Shot Tower Drive). I concur with the recommendation and respectfully request Mayor and City Council approval. /l1J fr;~I'~~ Mictfael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psi hoyos, City Engineer , Dii~~E ~~~ MEMORANDUM May 24, 2006 FROM: Michael C. Van Milligen, City M~~rJ Gus Psihoyos, City Engineer y~ TO: SUBJECT: Chicago, Central and Pacific Railroad Company Port of Dubuque - Real Estate Sale Contract Addendum Acceptance of Quit Claim Deed INTRODUCTION Enclosed is a resolution accepting a quit claim deed associated with the Railroad Real Estate Property Acquisition Agreement with the Chicago, Central and Pacific Railroad Company for the purpose of completing public improvements for the Bell Street Extension (Shot Tower Drive). BACKGROUND In an effort to improve access from the Port of Dubuque main campus to the Historic Shot Tower area and to maximize the developable land area adjacent to the Star Brewery property, staff has been working to develop plans for the construction of the Bell Street Extension, also referred to as Shot Tower Drive. The proposed plans provide for the construction of a new roadway extension, north of existing Bell Street, on a new alignment to the northeast, parallel to the existing railroad tracks and adjacent to the Star Brewery property. Proposed Shot Tower Drive will extend to the north side of the train bridge underpass and will terminate at 7th and Commercial Streets. On May 2, 2005, the City Council adopted Resolution No. 179-05 which approved the Railroad Real Estate Property Acquisition Agreement between the City and the Chicago, Central and Pacific Railroad Company for the purchase of property necessary for the construction of Shot Tower Drive for a purchase price of $86,360. DISCUSSION The Railroad Real Estate Property Acquisition Agreement has been reviewed and authorized by all of the necessary Railroad management departments. However, before the Property Acquisition Agreement is completed with the Railroad, the City needs to accept and record the quit claim deed. Once this is completed, the City will execute the Acquisition Agreement Closing Statement and forward final payment to the Railroad. Enclosed is a quit claim deed for the parcel needed to complete the public improvements for the new Shot Tower Drive Construction Project. Included is the following quit claim deed: OWNER LEGAL DECRIPTION Chicago, Central & Pacific Railroad Co. Lot 1 of Riverwalk Seventh Addition in the City of Dubuque, Dubuque County, Iowa RECOMMENDATION I recommend the acceptance of the quit claim deed associated with the Railroad Real Estate Property Acquisition Agreement between the City and the Chicago, Central and Pacific Railroad Company for the purpose of completing public improvements for Shot Tower Drive. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the quit claim deed from the Chicago, Central and Pacific Railroad Company. CHICAGO CENTRAL & PACIFIC RAILROAD ~ QUIT CLAIM DEED NORTH VICINITY MAP 300 GRAPHIC SCALE 150 0 150 300 - -- - - - - DRAWING MAY HAVE BEEN REDUCED 1 INCH = 300 FEET ,./" "-, ''''''-, ''''''-, ''''''-, ''''''-, ''''''-, ''''''-, ''''''-, ''''''-, ''''''-, ''''''-, "''''''' ~ ./" ./" , , / , ' \C~!\~~ ~ /~./ - 1',. $}',s. , .... ' I,' '~,~~ $'? "'- ' " "( I" 1/"<''''''-'' ,""'-, ,""'- "'- '1:,,,,,,- ''''-'/>/ ",' " ",~,' ""'-'I'~'/ !) ",-, /- ' "'"",- '",- "'- , " "Z""'- " " , , / , / , / , / ~ ~ ~ ~ ~ # ~ , , / PREPARED BY. LAWRENCE A. BOYER, L.S. 9761 WHKS & CO., 185 WISCONSIN AVENUE, EAST DUBUQUE, IL 61025 815747-8833 " ADDITION IOWA I ~ ~ ^' , .. , ' ^ ',",-] /"....1 " , SCALE IN FEET 1" ~ o 30 60 60' , 120 DETAIL (NOT TO SCALE) ---- - ~ ./ " ,^ " ^ " , , , "- < / ^] / I / I \ \ L E'l'(CORlOTl RIVERWAlK " SIXTH ADOlTlON "" ~f~~~l~~ ~fir~ /' ~IT~ .--- "- \ -\ \ I / / ~ ~ - I 1_..- 1 /,/, Q\ \; J AREA SURVEYED BASIS OF BEARING 17,595 SQUARE FEET IS THE DUBUQUE AREA GIS LEGEND :/,> " ENGINEERS PLO.NNERS lANOSUF(IItY{)RS "111111",, ......" \..AND 8&."" /',J?,"""""",'Il.,\ "0." "?)." g /2 ;:LAWRENCE A>'. 0 ~ =-.l~ BOYER 0 \" ..,~., 9761 ...~/ ,./$ "'11 lowp-. """ t'I'''.II'''' "1 A,{v'<- ff:!i'" /fl' ,'), /'0"/ pj{ ,,0 ,00 (/ '0'0 q . '1 .$' SURVEYED BOUNDARY Ll NE OVERHEAD RAILROAD SIGNAL UNE FOUND IRON T BAR WITH CAP 9761 FOUND 5/8" IRON ROD WITH CAP 12631 PLACED IRON T BAR WITH CAP 9761 RECORD MEASUREMENT -~- . . o ) :':'-:" ,~I ,'; - ,/,' Survey Requested By: CITY OF DUBUQUE I hereby certify that this land surveyir>g document was prepared and the related survey work was performed by me or wnder my irect r onal supervision ond that I om a duly licensed Lond yo under the laws of the Stote of lowo. WHKS & CO. 185 \'I1SCONSIN AVENut: PROJECT: 6118.3 815-H7-88~~ EAST OUllUOUE, IL61025-U24 Lawrence A_ 80 License Number 9761 Dote of Survey. March 14, 2006 My license renewal dote is December 31, 2006 Sheets covered by this seal: 1 through 3 of 3 SHEET 1 OF 3 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13~ Street, Dubuque, Iowa (563) 589-4270 . RESOLUTION NO. 209-06 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF RIVERWALK SEVENTH ADDITION IN THE CITY OF DUBUQUE) Whereas, the City of Dubuque entered into an Agreement with the Chicago, Central & Pacific Railroad Company pursuant to which the Chicago, Central & Pacific Railroad agreed to convey Lot 1 of Riverwalk Seventh Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Plat of Survey thereof; and Whereas, the Chicago Central & Pacific Railroad Company has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim from the Chicago, Central & Pacific Railroad Company, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 5th day of June, 2006. Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk :.Jeanne F. Schneider, CMC, City Clerk This document was prepared by: Chicago, Central & Pacific Railroad Company Real Estate Department 17641 S. Ashland Avenue Homewood, Illinois, 60430 Telephone: (708) 332-3541 Tax statement to be sent to: City of Dubuaue 50 W. 13th Street Dubuaue. Iowa 52001 Attn: Michael Van Milliaen City Manaaer QUITCLAIM DEED THIS INDENTURE Witnesseth that the Grantor, CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, a Delaware corporation, for and in consideration of the sum ofTEN AND 00/100 DOLLARS ($10.00) in hand paid and other valuable consideration, hereby Conveys and Quitclaims to the Grantee, the CITY OF DUBUQUE, IOWA, all right, title, interest and claim in and to the following described lands and property situated in the County of Dubuque and State of Iowa to wit: Those portions of Lots 1 and 2 in Block 3; Lots 1 through 12 and the 30 foot wide alley in Block 6; Tower Street; Bell Street; and Clark Street; all, in Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Dubuque County, Iowa; together with a portion of the unplatted levee land adjoining said Dubuque Harbor Improvement Company's Addition; all, being a part of the land described by deed recorded August 20, 1946, in Town Lot Deed Record Book 121, on Pages 136 and 137, in the Office of the Dubuque County Recorder described as follows: 1 Commencing at the Easterly Corner of Lot 1 of Riverwalk Sixth Addition in the City of Dubuque, Dubuque County, Iowa; Thence North 35 degrees 15 minutes 32 seconds East, 13.82 feet along the Northeasterly extension of the Southeasterly line of said Lot 1 to the Point of Beainnina, being on Southwesterly right of way line of the Chicago, Central & Pacific Railroad Company; Thence South 66 degrees 57 minutes 14 seconds East, 79.98 feet along said right of way line to the Southwesterly line of said Lot 12 in Block 6; Thence South 55 degrees 16 minutes 46 seconds East, 212,63 feet along said Southwesterly line and the Southwesterly lines of said Lots 11, 10,9,8,7,6,5,4, and 3, respectively, to the Northwesterly line of East Fourth Street; Thence North 75 degrees 50 minutes 02 seconds East, 83.54 feet along said Northwesterly line to the Northeasterly line of said East Fourth Street, said Northeasterly line being parallel with and located 42.50 feet Southwesterly, measured at a right angle, from the centerline of the Chicago, Central & Pacific Railroad Company's main track; Thence South 66 degrees 57 minutes 14 seconds East, 197.28 feet along said Northeasterly line to the Southeasterly line of said Block 3; Thence continuing South 66 degrees 57 minutes 14 seconds East, 248.26 feet, more or less, along the Southeasterly extension of said Northeasterly line across said unplatted levee land to the Mississippi River; Thence North 60 degrees 28 minutes 15 seconds West, 110.71 feet, more or less, to the intersection of a line parallel with and located 30.00 feet Southwesterly, measured at a right angle, from said centerline; Thence North 66 degrees 57 minutes 14 seconds West, 685,96 feet along said parallel line to the Northwesterly line of said Bell Street; Thence South 35 degrees 15 minutes 32 seconds West, 20.46 feet to the point of beginning; containing 17,595 square feet, henceforth to be known as Lot 1 of Riverwalk Seventh Addition in the City of Dubuque, Dubuque County, Iowa; Also, All right, title and interest of the Grantor, if any, in and to that portion of East Fourth Street lying adjacent to and Southwesterly of the Premises hereinabove described. Grantor reserves for itself, its successors and assigns, the right for the continued use, maintenance, repair, replacement and reconstruction of all existing conduits, sewers, drains, water mains, fiber optics cables and/or communications systems, gas lines, electric power lines, wires and other utilities and easements on the property herein conveyed, whether or not of record, including access thereto. Grantee will not interfere with the rights herein reserved by Grantor or interfere with any facilities used pursuant thereto. 2 Grantor further reserves unto itself, its successors and assigns, its existing signal line, together will all appurtenant fixtures thereto and an easement for said signal line and all appurtenant fixtures, as now located on, over and across the subject premises within the northerly border of the Premises herein conveyed, together with all reasonable right of entry for the purpose of constructing, replacing, repairing and maintaining the same for so long as required for Grantor's purposes. Grantee covenants and agrees with Grantor, its successors and assigns that Grantee, its successors and assigns will not construct, install or place or permit the construction, installation or placement of any structure or facility on, under or across the reserved easement without written consent from Grantor, its successors or assigns and will not use or permit the use of any of the Premises in a manner which may interfere with the use of the Grantor's signal lines. This covenant shall run with the land conveyed and shall be binding upon Grantee, its successors, assigns and grantees. I Grantee covenants and agrees for itself, its successors and assigns that it shall not do anything that would directly or indirectly effect, change, impair or damage Grantor's adjacent embankment and shall secure Grantor's prior written approval for any construction or earthwork involving said embankment. Grantor reserves for itself, its successors and assigns the right to enter upon the Premises for the purpose of construction, maintenance and repair of said embankment. Should Grantee, in Grantor's sole opinion, fail to preserve and safeguard said embankment as aforestated, any costs incurred by Grantor in connection with work necessary to preserve and safeguard said embankment shall be at the sole expense of Grantee, its successors and assigns. Grantee further covenants and agrees that it shall not do nor cause to be done any act that will impede the natural flow of drainage water over the Premises herein conveyed as to cause such drainage of water to accumulate on the Grantor's remaining property located northerly of the premises to the detriment of Grantor's, its successors or assigns use and enjoyment of such premises. Provided, however, this covenant shall in no way be construed to prohibit Grantee from erecting buildings or other improvements on the Premises herein conveyed so long as drainage, equivalent to that presently existing is maintained whether naturally or by other means. This covenant shall run with the Premises to be conveyed and be binding upon Grantee, its successors and assigns forever. Grantee acknowledges that Grantor's rail operations may restrict Grantee's use of the sale premises and may damage improvements or personalty within the sale premises. Grantee agrees to indemnify and release Grantor from any and all costs associated with damages to improvements or personalty located within the sale premises caused by Grantor's rail operations, regardless of negligence. This covenant shall be binding upon Grantee, its successors, grantees and assigns and shall run with the land conveyed. 3 IN WITNESS WHEREOF, CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, the Grantor, has caused these presents to be signed by its Vice President and Treasurer, he being thereunto duly authorized this 18th day of May , 2006. CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY By: ~ / Ghislain Houle Vice President and Treasurer STATE OF ILUNOIS) ) 55 COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for said County and State aforesaid, Do Hereby Certify that Ghislain Houle, personally known to me to be the Vice President and Treasurer of CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, a Delaware corporation and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged under oath that as such Vice President and Treasurer of said corporation, he signed and delivered the said instrument as Vice President and Treasurer, pursuant to authority given by the Board of Directors of said corporation as his free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and se May ,2006. My Commission Expires: April 2, 2009 eN File No.5772901 4 [ REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT Please read the filing instructions on the reverse side BEFORE completing this form. PART I - TO BE COMPLETED BY TRANSFEROR (Please Type or Print Legibly) TRANSFEROR Name Chicago, Central & PacHic Railroad Company Address 17641 S. Ashland Avenue Homewood, Illinois 60430 Number and Street or RR City, I own or P.U. State Zip TRANSFEREE Name City of Dubuque, Iowa City Hall, 50 West 13th street Dubuque, Iowa 52001 Address Number and Slreel or RR Clty,lownorP.U. s"",,, Zop Address of Property Transferred Railroad property in Dubuque, Iowa. No address assigned Number and Street or RR City, Town, or P.U. State ZiP Legal Description of Property See Exhibit A attached hereto 1. Wells ( check one) ~ There are no known wells situated on this property. o There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) 'tJ There is no known solid waste disposal site on this property. o There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. o There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below. 3. Hazardous Wastes (check one) 1lI There is no known hazardous waste on this property. o There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. 4. Underground Storage Tanks (check one) =Ei There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) o There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are described below. 5. Private Burial Site ( check one) >(ll: There are no known private burial sites on this property. o There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifYing information of the decedent is stated below. Information, if any, required by statements checked above: Attachment for Additional Il!fu.rmation? Y / N f so, number of pages 1 I I HEREBY DECL nON CONTAINED IN PART 1 OF TillS STATEMENT IS TRUE AND CORRECT Signature: Telephone Number: _~ 332-3541 ------------------------------------------------------------------------------------------------------------------------------- PART U - TO BE COMPLETED BY RECORDER Date of Instrument Book/I.D. PageiI.D. Date of Recording City or Township Deed 0 Coutract 0 County -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I I DNR form (July 99) FILE WITH RECORDER (See Instruction #6) 542-0960 INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT The transferor ofreal property is required to complete Part I of this form. The purpose of the statement is to satisfy legal requirements for filing instruments of conveyance of real property with the county recorder (Iowa Code Section 558.69). The Department of Natural Resources does not approve or disapprove of property transfers based on these statements. The statement must be signed by one of the persons transferring the property interest or that person's agent. An agent signing this form represents the information from transferor to be correct. For the most part the information requested is clear (name, address, etc.). One statement under each of the numbered items (1, 2, 3, 4 and 5) must be checked, and if one or more of the statements checked requires the transferor to provide additional information, that information is to be provided in part L Relate the additional information to the specific category of facility (well, etc.) by numbering it with the corresponding number (1, 2, 3, 4, 5). If additional space is needed, type or print it legibly on a separate sheet or sheets, complete the statements at the end of Part I and attach the additional information to all copies of the form. When describing the location of a facility on the property, be reasonably precise, such as a specific distance and general direction from a landmark or corner of the property. A professional survey is not necessary. The following defmitions are for use in completing the form. 1. Wells - A "well" is any excavation that is drilled, cored, bored, angered, washed, driven, dug, jetted or otherwise constructed for accessing groundwater or for diverting surface water into the ground, including abandoned wells. "Well" does not include an open ditch or drainage tiles which discharge to the surface. If a well is an "abandoned well" or an "agricultural drainage well," this must be identified and the status of the well with respect to Iowa Code sections 455B.190 and 159.29, respectively, must be stated. An "abandoned well" is a well no longer in use or in such state of disrepair that continued use is unsafe or impracticable. Abandoned wells are to be properly plugged in accordance with chapter 39 of the rules of the Department of Natural Resources. (567 Iowa Administrative Code, Chapter 39) An "agricultural drainage well" is a well constructed for the purpose of draining, or which drains, water from agricultural land to an aquifer (underground), excluding drainage tile intakes which outlet to the surface. Agricultural drainage wells are required to be registered with the department by September 30, 1988, and the owner of the well and of the land drained by the well are to develop a plan proposing alternatives to the use of the well by July 1, 1998 (See Iowa Code Section 159.29.) 2. Solid Waste - "Solid waste" means garbage, refuse, rubbish and other similar discarded solid or semisolid material. It does not include dirt, stone, brick, or similar inorganic material used for fill, as long as no other solid waste is included. See 567--100.2(455B), Iowa Administrative Code (LA.C.) for further definitions. A "disposal site" is any area on the property on, in, or under which solid waste has I)een disposed, whether or not the disposal is or was regulated by the department. If the transferor or agent has not received notice from the Department of Natural Resources that the disposal site has been deemed to be potentially hazardous, there is no duty to inquire to the department. .Note The land application of sludges or soils resulting from the remediation of underground storage tank releases accomplished in compliance with Department of Natural Resources rules without a permit is not required to be reported as the disposal of solid waste or hazardous waste. (See Iowa Code Section 558.69) DNR form (July 99) 3. Hazardons Wastes - "Hazardous waste" is defmed in 1m Code section 455B.4II, 567--141.2 (455B), lAC., and federa, regulations referenced therein. It is generally defmed as waste that poses a threat to human health or the environment. It includes wastes which are ignitable, corrosive, toxic, explosive, violently reactive, or specifically listed as hazardous in the Code of Federal Regulations (40 CFR 261). EXCLUDED are household wastes, agricultural wastes returned to the soil as fertilizers or soil conditioners, agricnltural chemicals applied or disposed of by a farmer in accordance with the manufacturer's instructions, triple-rinsed agricultural chemical containers disposed of by farmers (where the rinsate is used as makeup water in the tankmix and applied at appropriate rates), and other specific materials. Persons are legally reqnired to be aware of hazardous waste laws. 4. Underground Storage Tanks - "Underground storage tank" means one or a combination of tanks, including underground piping connected to the tanks, used to contain an accumulation of regulated substances, and the volume of which is 10 percent or more beneath the surface of the ground. "Regulated substances" include petroleum products and hazardous or toxic materials identified in 567--135.2(455B), lAC. Underground storage tank does not include: a. Farm Or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes. But See 455B.473(4)) , b, Tanks used for storing heating oil for consumptive use on the premises where stored. c, Residential septic tanks. d. Pipeline facilities regnlated by state or federal law . e. A surface impoundment, pit pond, or lagoon. f. A storm water or wastewater collection system. g. A flow-through process tank, h, A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations. 1. A tank in an underground area such as a basement or mine, if the tank is on or above the surface of the floor. j. Pipes connected to the above exclusions. "Tank type" means the material of construction (steel,fiberglass reinforced plastic [FRP], or other [specify]), and any internal or external protection such as a protective coating or wrapping, or cathodic protection. Identify the capacity in gallons and the substance stored in each tank. 5. Private Burial Sites - "Private Burial Site" means one or more graves containing human remains. For each site the transferor shall state the location of the site. For each decedent buried on the property the transferor shall state all known identifying information of that decedent including name, date of death, and date of birth, 6. Filing - The original of this form must be presented to the county recorder when the document to be recorded is filed. The Recorder shall forward the original to the transferee when the recorded instrument is returned. The recorder is not required to keep any copies. 043-0960 f ~ , . Exhibit A ;1. " '~ '; Those portions of Lots 1 and 2 in Block 3; Lots 1 through 12 and the 30 foot wide alley in Block 6; Tower Street; Bell Street; and Clark Street; all, in Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Dubuque County, Iowa; together with a portion of the unplatted levee land adjoining said DUbuque Harbor Improvement Company's Addition; all, being a part of the land described by deed recorded August 20, 1946, in Town Lot Deed Record Book 121, on Pages 136 and 137, in the Office of the Dubuque County Recorder described as follows: Commencing at the Easterly Corner of Lot 1 of Riverwalk Sixth Addition in the City of Dubuque, Dubuque County, Iowa; Thence North 35 degrees 15 minutes 32 seconds East, 13.82 feet along the Northeasterly extension of the Southeasterly line of said Lot 1 to the Point of Beainning, being on Southwesterly right of way line of the Chicago, Central & Pacific Railroad Company; Thence South 66 degrees 57 minutes 14 seconds East, 79.98 feet along said right of ,,.. way line to the Southwesterly line of said Lot 12 in Block 6; Thence South 55 degrees 16 minutes 46 seconds East, 212.63 feet along said Southwesterly line and the Southwesterly lines of said Lots 11, 10,9,8,7,6,5,4, and3, respectively, ,to the Northwesterly line of East Fourth Street; Thence North 75 degrees 50 minutes 02 seconds East, 83.54 feet along said Northwesterly line to the Northeasterly line of said East Fourth Street, said Northeasterly line being parallel with and located 42.50 feet Southwesterly, measured at a right angle, from the centerline of the Chicago, Central & Pacific Railroad Company's main track; Thence South 66 degrees 57 minutes 14 seconds East, 197.28 feet along said Northeasterly line to the Southeasterly line of said Block 3; Thence continuing South 66 degrees 57 minutes 14 seconds East, 248.26 feet, more or less, along the Southeasterly extension of said Northeasterly line across said unplatted levee land to the Mississippi River; Thence North 60 degrees 28 minutes 15 seconds West, 110.71 feet, more or less, to the intersection of a line parallel with and located 30.00 feet Southwesterly, measured at a right angle, from said centerline; Thence North 66 degrees 57 minutes 14 seconds West, 685.96 feet along said parallel line to the Northwesterly line of said Bell Street; Thence South 35 degrees 15 minutes 32 seconds West, 20.46 feet to the point of beginning; containing 17,595 square feet; Also, All right, title and interest of the Grantor, if any, in and to that portion of East Fourth Street lying adjacent to and Southwesterly of the Premises hereinabove described. ~.:IO l 133HS I: )0 I: ~5noJ~1 ~ :IDas S!~l ,(q paJa^o, slaa~s 900Z 'If' Jaqw8:>aa S! alop IDM8U8J asua:>!1 ^~ 900Z 'V ~ ~OJDf'I :,(a^Jns)o 0100 ~9L6 JaqwnN asua'!l cqoO A08 '''1 aou81MDl t 0,( pUDl pasu8::J!1 Alnp 0 wo I lDLll PUD Uo!s!AJadns IDUO J pal! ,{W Japun JO aw ,<q pawJo!Jed 80M >110M ,{eAJnS palDl8J SLll PUD paJodaJd 80M luawn:>op 6U!^8AJnS pUDI S!4l lD4l ^jllJ8:) ,{qaJ8Lj I \,'11111',,/ vlr~ gZ:O~9 11 '3nOnsna iSV3 "" '<IMO' "" ...'It. :.l, ...... 1:;). .............1:;). 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Boyer, a duly Licensed Land Surveyor authorized to practice in the State of Iowa, do hereby certify that at the instance and request of the Chicago, Central and Pacific Railroad Company, a Delaware corporation, I surveyed the following described tract of real estate located in the City of Dubuque, Dubuque County, Iowa, To Wit: Those portions of Lots 1 and 2 in Block 3; Lots 1 through 12 and the 30 foot wide alley in Block 6; Tower Street; Bell Street; and Clark Street; all, in DUBUQUE HARBOR IMPROVEMENT COMPANY'S ADDITION, in the City of Dubuque, Dubuque County, Iowa; together with a portion of the unplatted levee land adjoining said DUBUQUE HARBOR IMPROVEMENT COMPANY'S ADDITION; all, being a part of the land described by deed recorded August 20, 1946, in Town Lot Deed Record Book 121 on Pages 136 and 137 in the Office of the Dubuque County Recorder described as follows: Commencing at the Easterly Corner of Lot 1 of RIVERWALK SIXTH ADDITION in the City of Dubuque, Dubuque County, Iowa; thence North 35 degrees 15 minutes 32 seconds East, 13.82 feet along the Northeasterly extension of the Southeasterly line of said Lot 1 to the Point of Beginning, being on Southwesterly right of way line of the Chicago, Central and Pacific Railroad; thence South 66 degrees 57 minutes 14 seconds East, 79.98 feet along said right of way line to the Southwesterly line of said Lot 12 in Block 6; thence South 55 degrees 16 minutes 46 seconds East, 212.63 feet along said Southwesterly line and the Southwesterly lines of said Lots 11, 10,9,8, 7, 6, 5, 4 and 3, respectively, to the Northwesterly line of East Fourth Street; thence North 75 degrees 50 minutes 02 seconds East, 83.54 feet along said Northwesterly line to the Northeasterly line of said East Fourth Street, said Northeasterly line being parallel with and located 42.50 feet Southwesterly, measured at a right angle, from the centerline of the Chicago, Central and Pacific Railroad Company's main track; thence South 66 degrees 57 minutes 14 seconds East, 197.28 feet along said Northeasterly line to the Southeasterly line of said Block 3; thence continuing South 66 degrees 57 minutes 14 seconds East, 248.26 feet, more or less, along the Southeasterly extension of said Northeasterly line across said unplatted levee land to the Mississippi River; thence North 60 degrees 28 minutes 15 seconds West, 110.71 feet, more or less, to the intersection of a line parallel with and located 30.00 feet Southwesterly, measured at a right angle, from said centerline; thence North 66 degrees 57 minutes 14 seconds West, 685.96 feet along said parallel line to the Northwesterly line of said Bell Street; thence South 35 degrees 15 minutes 32 seconds West, 20.46 feet to the point of beginning; containing 17,595 square feet. (Continued) WHKS & CO. ENGINEERS PLANNERS LANDSURVEYORS_ Project 6118.3 Sheet 2 of 3 LOT 1 OF RIVERWALK SEVENTH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA A TIORNEY July 5 ,2006 TO WHOMITMAYCONCERN This will certify that I have examined the Abstract of Title covering the real estate platted on the foregoing plat of Lot 1 of RIVERWALK SEVENTH ADDITION in the City of Dubuque, Dubuque County, Iowa, according to the recorded plats thereof covering the period from Government Entry to Mav 26, 2006 certified on that date by ~hpln Ahstract Company and find that said Abstract shows good and merchantable title to said real estate in Chicago, Central and Pacific Railroad Company free and clear of all liens and encumbrances and shows taxes paid including taxes for the year 2005 Att ney at Law Ba ry A. Lindahl City Attorney COUNTY TREASURER DUBUQUE, IOWA j~ I ,2006 I, the undersigned, ~<\ <... S h t!.y Y"Y"'\ ~ , Treasurer of Dubuque County, Iowa, do hereby certify that all taxes and special assessments levied against P(~ 0,.'......"- ~ en\c.&\5" C~~ q.. ~\.." R~l<.","9- ~ ,.. 'f"(e.....s:,K>i"~ <\-<> +he. C1:l;V h ve been paid and said real estate is free and clear of all taxes as of this date. f1A2 ~l Eric Stierman County Treasurer for Dubuque County, Iowa PLANNING SERVICES DUBUQUE, IOWA ~ 1. 3> ,2006 The foregoing plat has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque City Ordinances, and said approval has been endorsed herein on the date first written above. By: ~~ Laura Carstens Planning Services Manager City of Dubuque LOT 1 OF RIVERWALK SEVENTH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,IOWA OWNER'S CONSENT Cook County Illinois May 18 ,2006 The foregoing plat is made with free consent and in accordance with the desire of the undersigned owner and proprietor of said real estate. CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY By: ~ -- ~ Ghislain Houle Vice President and Treasurer By: ALL PURPOSE ACKNOWLEDGMENT STATE OF ILLIOOIS I COUNTY OF (XX)K I May On this 18th day of ~ ,2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Ghislain HOlll", . Vice President and Treasurer of Chicago, Central & Pacific Railroad Company - to me personally known, OR _ proved to me on the basis qf satisfactory evidence to be the person{s) whose name{s) islare subscribed to e. within' s ment and acknowledged to me that he/shelthey executed the same in hi erlt eir a d capacity(ies), and that by his/herltheir signature(s) on the instrument th ers a xecuted the instrument. (Nota Seal) a:FICW. SEAl. ARTHUR L SPIROS NOrMY PUIUC . STAlE afi I.1.lNOl8 III'---na..~ Arthur . Spiros (print/type name) Notary ublic in and for State of Illinois CAPACITY CLAIMED BY SIGNER INDIVIDUAL X CORPORATE OFFICER(S) Vice President (Title) (CORP.SEAL) AFFIXED X NO SEAL PROCURED PARTNER(S) _ LIMITED GENERAL A TIORNEY -IN-FACT TRUSTEE(S) GUARDIAN/CONSERVA TOR OTHER SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): Chicago, Central & Pacific Railroad Company , .-.". LOT 1 OF RIVERWALK SEVENTH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA COUNTY RECORDER DUBUQUE, IOWA ,2006 The foregoing plat of Lot 1 of RIVERWALK SEVENTH ADDITION in the City of Dubuque, Dubuque County, Iowa has been reviewed by the Dubuque County Recorder. Kathy Flynn Thurlow Recorder of Dubuque County, Iowa CITY ASSESSOR DUBUQUE, IOWA q~7 ,2006 The foregoing plat was entered of record in the office of the Dubuque City Assessor this '7 'I-f\ day of q~ ' 2006. ~ (2 ~,/.ti'J Richard Engelken Assessor of the City of Dubuque, Iowa COUNTY AUDITOR DUBUQUE, IOWA (), Iii 7 ,2006 The foregoing plat was e~d of record in the office of the Dubuque County Auditor this 7 fA.. day of , i, ,2006. I~~J J '7)). ..&t~ Denise M. Dolan AUditO..5 oorf u Duuobuuqquuee C~unt.tyy;, Ilcowa -<-'d~'~ "f' REAL ESTATE TRANSFER - DECLARATION OF VALUE A Please read the filing instructions on the reverse side BEFORE completing this form. If this transaction is exempt, you may not be required to complete this form. ",ART L - TO BE COMPLETED BY BUYER, SELLER OR AGENT ...' (r;'le,ase Type or Print Legibly) Social Security No. SELLER" Name Chl.cago, Central & Pacl.f].c Ral.lroad CanpaIly (or Federall.D, No.) 42-1258860 Address 17641 S. Ashland Avenue HcxnewoOd, Illinois 60430 . NumberandStreetorRuralRoute City,TownorPostOffice Social Security No~tate _ Zip .... Name Cl.ty of Dubuque, Iowa (or Federall.D. No.) /1'.:??/JtJ 9"~ ?~.. Address City Hall, 50 West 13th Street Dubuque, Iowa 52001 Number and Street or Rural Route City, Town or Post Office State Address of Property Conveyed Railroad property in Dubuque, Iowa. No address assigned Number and Street or Rural Route City, Town or Post Office State Legal Description of Property See Exhibit A attached hereto A BUYER Zip Zip If this is a sale of AGRICULTURAL LAND to one of the following persons or entities, please check the appropriate box. o Corporation 0 Trust 0 Alien 0 Non-Resident Alien 0 Limited Partnership ....................................................................... Declaration of Value Statement 83,360.00 U.UU 83,360.00 1. Total Amount Paid............................................................. $ 2. Amount Paid for Personal Property (See Instructions)..... $ 3. Amount Paid for Real Property Only (1 minus 2).............. $ 4. Contract Sale Information - Please See Instructions Down Payment $ ~ Interest Rate _ % ~ Monthly Payment $ Length of Contract years.A. Balloon Payment Date (if applicable) A- ~ ~ SALES CONDITIONS Check (1') ALL of the following conditions that apply to this sale: o Sale Between Family Members (See Instructions) 0 Assignment of Contract (Explain Below) 0 Auction Sale o Sale to/by Public Utility 0 Sale to/by Exempt Organization 0 Condominium Sale o Court Ordered Sale Xl Quit Claim Deed [] Purchase of Adjoining Land o Fulfillment of Prior Year Contract ~ Sale tolby Government [] Land to be Operated as a Unit DTransfer of Partial Interest n Sheriff or Tax Sale 0 Forced Sale (Explain Below) o Exchange for Other Property ("Trade") [] Corporate Merger or Reorganization 0 Mobile Home o Improvements. Made or Buildings, Removed After January 1, of the Year of the Sale but Prior to the Actual Date of Sale or Transfer DESCRIBE ANY OTHER UNUSUAL OR SPECIAL FACTS OR CIRCUMSTANCES RELATING TO THIS SALE. C . If property upon which a homestead credit or military exemption has been claimed is sold, NOTI E. the person selling or transferring such property must give wrmen notice to the assessor. Ac:J I HEREBY DECLARE T~ T~E IIfQf!llAAljlON CfiNTAINED IN PART 1 OF THIS FORM IS TRUE AI1P CORRECT" Signature: ~~~ Telephone Number ~) 5P'If(-<.t:-'Z70 (BuyerX89H1b1 OR Agent) PART II - TO BE COMPLETED BY RECORDER A Book (or I instrument identification) Date of Instrument IA Pag.(oo I instrument identification) IA IA IA Date of Recording D Deed 0 A Contract 0 City or Township County Reai Estate Transfer Tax Paid AGRICULTURAL REALTY I I (1) Olmproved Farm D Dwelling /,.,\ n"nim....r^",...... F~rm PART III - TO BE COMPLETED BY ASSESSOR Classification of Property (1) Cl Urban (2) Cl Rural COMMERCIAL I -1 (1)DBusiness (2) [] Office (3) DApartment (4)[]Other~ (5) [JVacant Bldg. (6) OVacant Lot RESIDENTIAL! I (')0 Single-Family Dwlg. (2)D Two-Family Dwlg. (3)0 Impr. Vacant Lot (4)0 Unimpr. Vacant Lot (5)0 Vacant Dwlg. Story Hgt. Age of Dwlg. INDUSTRIAL (1)DLot & Bldgs (2) DVacant Bldgs. (3) DVacant Lot SALES CONDITIONS Cl Lot Assessed as Unplatted Land Cl Fulfillment of Prior Year Contract Cl Assignment of Contract Cl Change in Use (Explain Below) Cl Partial Assessment Cl Saie of Portion of Property ("Split") Cl Other (Explain Below) IA ~ P ID IE IF I IG IH II I J IK IL -1M I A (For Dep!. of Revenue and Finance Use Only) NOTE: ASSESSED VALUE SHOWN Assessment Data SALES RATIO MUS'T BE AS OF JANUARY 1, OF THE LAND 1 $ I B~s'l$ I ~ALI$ II %1 YEAR IN WHICH THE SALE OCCURRED I Assesso, Comments . 0., '" n I 7 -G-IA-0495-1 Dubuque, IA CERTIFICATE OF RECORDATION I, the undersigned official, certify that the QUITCLAIM DEED from the United States of America dated filed for June 23, 2006 was record on the'l-t\., day of J U L'l ,2006, under File Numbe/200U- 103 % L and recorded in Book , Page of the: (or Folio) Deed Records of (County) (State) Conveyance Office of (Parish) (State) (Specify Records) Witness my hand, this day of ,2005. ~~~ (Official Title) By "-/~~ll>f.fiMl./!/v NOTE: Please return this Certificate to: GSA, Real Property Disposal Division (7PR) Attn: Janice Daulton 819 Taylor Street, Room 8A10 Fort Worth, TX 76102-6112 R7-150 (Rev.3-72)