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IDOT Acceptance of Patents_Intermodal Transportation CenterTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Patent - DOT Lots at Intermodal Facility Property (Elm Street between 9t" and 11th Street) DATE: April 28, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 City Engineer Gus Psihoyos recommends City Council acceptance of Patents from the State of Iowa conveying excess state right-of-way properties along Elm Street between 9t" and 11th Street. The City plans to utilize the properties for the construction of a proposed Intermodal Facility and parking lot. The properties have already been purchased by the City. I concur with the recommendation and respectfully request Mayor and City Council approval. bt/1144 ., Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DJU1 Masterpiece on the Mississippi Dubuque NI -America City 11 111! 2007 • 2012 • 2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Patent — IDOT Lots at Intermodal Facility Property (Elm Street between 9th and 11th Street) DATE: April 23, 2014 INTRODUCTION Enclosed are three resolutions accepting Patents from the State of Iowa conveying excess state right of way properties along Elm Street between 9th and 11th Street in Dubuque. DISCUSSION In February of this year the City had purchased four lots that were remnant parcels from the IDOT purchase of right of way in the area. The city plans to utilize the properties for the construction of a proposed intermodal facility and parking lot. Enclosed are the Patent deeds for the parcels mentioned above as follows: Owner Legal Description State of Iowa Lot 1 in Intermodal Place No. 1 in the City of Dubuque, Dubuque County, Iowa State of Iowa Lot 1 of Lot 1 of Lot 2 of Lot 3 of City Lot 505 and Lot 1 in Intermodal Place No. 2 in the City of Dubuque, Dubuque County, Iowa State of Iowa Lot 1 in Intermodal Place No. 3 in the City of Dubuque, Dubuque County, Iowa RECOMMENDATION The above properties have already been purchased by the City, and the Patents should be accepted by the City Council. I would recommend adoption of the three enclosed resolutions accepting the deeds. ACTION TO BE TAKEN The City Council is requested to adopt the three attached resolutions accepting the Patents from the State of Iowa. Prepared by Nate Kieffer, PLS 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 131-14 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF INTERMODAL PLACE NO. 1 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, on February 14, 2014, the City of Dubuque submitted an offer to purchase Lot 1 of Intermodal Place No. 1 in the City of Dubuque, Dubuque County, Iowa and the State of Iowa has accepted said offer to purchase; and Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed upon in the offer to purchase said property; and Whereas, the State of Iowa 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 Patent from the State of Iowa, a copy of which is 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, adopted and approved this 5th day of May, 2014. Attest: Kevin . Firnstahl, CM ity Clerk Roy D. Buol, Mayor Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 132-14 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF LOT 1 OF LOT 2 OF LOT 3 OF CITY LOT 505 AND LOT 1 OF INTERMODAL PLACE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, on February 14, 2014, the City of Dubuque submitted an offer to purchase Lot 1 of Lot 1 of Lot 2 of Lot 3 of City Lot 505 and Lot 1 of Intermodal Place No. 2 in the City of Dubuque, Dubuque County, Iowa and the State of Iowa has accepted said offer to purchase; and Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed upon in the offer to purchase said property; and Whereas, the State of Iowa 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 Patent from the State of Iowa, a copy of which is 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, adopted and approved this 5th day of May, 2014. Attest: 4fi Kevi Firnstahl, CMC, ity Clerk Roy D. Buol, Mayor Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 133-14 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 OF INTERMODAL PLACE NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, on February 14, 2014, the City of Dubuque submitted an offer to purchase Lot 1 of Intermodal Place No. 3 in the City of Dubuque, Dubuque County, Iowa and the State of Iowa has accepted said offer to purchase; and Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed upon in the offer to purchase said property; and Whereas, the State of Iowa 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 Patent from the State of Iowa, a copy of which is 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, adopted and approved this 5th day of May, 2014. Attest: 01 'ear' / / Kevi . Firnstahl, /CMC, y Clerk oy D. Buol, Mayor C410WADOT Number: 2014000032 79 Recorded: 4/4/2014 at 2:35:18.80 PM Fee Amount: $27.00 Revenue Tax: $0.00 Kathy Flynn Thurlow RECORDER Dubuque County, Iowa STATE LAND PATENT Recorder's Cover Sheet PREPARER INFORMATION: Cyndy Howell, Iowa Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, IA 50010 515-239-1534 TAXPAYER INFORMATION: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 RETURN DOCUMENT TO: Cyndy Howell, Iowa Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, IA 50010 GRANTORS: State of Iowa LEGAL DESCRIPTION: See Page 2 and 3 GRANTEES: City of Dubuque, Iowa DOCUMENT OR INSTRUMENT NUMBER OF PREVIOUSLY RECORDED DOCUMENTS: Dubuque F-61-8(22)--20-31 City of Dubuque, Iowa (Parcel No. 293) Page 1 of 4 Prepared by\ Return to: Cyndy Howell, IA Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, IA 50010, 515-239-1534 Address Tax Statements: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 State oflowa OFFICE OF THE SECRETARY OF STATE Patent No. 5 9 0 4 STATE LAND OFFICE The STATE OF IOWA, subject to conditions listed in this patent, hereby conveys to City of Dubuque, Iowa, real estate in Dubuque County, Iowa, and more particularly described as follows: A parcel of land located in Lot 2-1-2-3 of City Lot 505, Lot 2-1-1-1 of City Lot 506, Part of Lot 2-1-1-2 of City Lot 506 and that part of vacated East 10th Street between Lot 2-1-2-3 of City Lot 505 and Lot 2-1-1-1 of City Lot 506 in the City of Dubuque, Dubuque County, Iowa, as shown on Excess Right of Way Plat of Survey attached hereto and by reference made a part hereof more particularly described as follows: Lot 1 in Intermodal Place No. 1 Beginning at the Northwest corner of City Lot 506C said point being on the Westerly right of way line of Pine Street; thence South 23 degrees 51 minutes 58 seconds East, 135.43 feet along the West line of said City Lot 506C; thence South 11 degrees 03 minutes 33 seconds West, 31.34 feet to a point on the Easterly line of (cont. page 2) CONDITIONS: Authority and consideration for issuance of this patent are stated in the certificate of the Right of Way Director of the Iowa Department of Transportation filed with the State Land Office as provided in Iowa Code Section 9G.6. This conveyance is subject to the conditions imposed by Iowa Code Sections 306.22, 306.23, 306.24, and 306.25, including the right of a utility association, company or corporation to continue in possession of a right of way in use at the time of the sale. 1, Terry E. Branstad, Governor of the State of Iowa, have caused this instrument to be issued and the Great Seal of the State of Iowa to a affixed to it at Des Moines, on this day of�y'c 2014. erry E. Branstad, Governor of Iowa Matt Schultz, Iowa Secretary of State I hereby certify that the foregoing Patent is recorded in Vol. 26 Page 1 37in the State Land Office. _ Matt Schultz, Iowa Secretary of State 1 DOT 1/96 Dubuque County City of Dubuque, Iowa Cont. from page 1 Lot 1-1-1-2 of City Lot 506; thence North 23 degrees 06 minutes 49 seconds West, 183.23 feet along the East lines of said Lot 1-1-1-2 of City Lot 506 and Lot 1-1-1-1 of City Lot 506 to the Northeast corner of said Lot 1-1-1-1 of City Lot 506 thence North 23 degrees 50 minutes 21 seconds West 64.00 feet to the Southwest corner of Lot 2-1-2-3 of City Lot 505; thence North 23 degrees 42 minutes 49 seconds West, 255.53 feet along the West line of said Lot 2-1-2-3 of City Lot 505, to the Southerly right of way of East 11th Street; thence North 66 degrees 36 minutes 09 seconds East, 14.83 feet along said Southerly right of way line of East 11th Street to the Northeast corner of said Lot 2-1-2-3 of City Lot 505 and said Westerly right of way line of Pine Street; thence South 23 degrees 51 minutes 58 seconds East, 341.49 feet along said Westerly right of way line of Pine Street to the point of beginning, containing 7,705 square feet, more or less. Note: The Westerly line of Pine Street is assumed to bear South 23 degrees 51 minutes 58 seconds East for the purpose of this description. Declaration of Value Filing is not required, as the State of Iowa is the Grantor and exempt from such filing by Section 428A.2(6) of the Code of Iowa No disturbance or excavation at a depth of six or more feet may be conducted on the property unless appropriate employee safety and health training procedures have been implemented, and the work is conducted in a manner that does not release or threaten the release of hazardous substances. Under no circumstances may water supply wells or private wells be drilled on the property without the written approval of the Environmental Protection Agency and the City of Dubuque. Any person that proposes to conduct activities on this property which will involve soil disturbance or excavation at a depth of six or more feet, must contact Midwest Gas, telephone number (712) 277-7500, and the Public Works Director, City of Dubuque, Iowa, telephone number (319) 589-4270, for guidance on appropriate employee safety and health training procedures and other guidance. The Grantee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Patent for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provisions of similar services or benefits, the Grantee shall maintain and operate such facilities and services in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 2 DOT 1/96 v.cc 1 IIw NIECmTTEVERIBEIOUngNS DRAWN SAF p w,CweC Ue GPM 0.311111SIINCI rtnxnoxenvxx, LAND alMVSfel0 MV„ClM.pq,Y,MO STAIJCIIIRAL 10,12„=.,, .MMwa,.npM.",IRTeA LAT NO. 2 -IA -13 CHECKED CLG PROJ. NO. 13006-02 DATE 9-12-13 SHEET 1 o 2 PA13\01:6\006-02\DRAWNC.S\SURVLY\13005-02-AIX-REV- PREPARED BY: I®IIIWMINEMAmiinINIMIIMINE iml Doc ID: 007905970004 Type: OEN Kind: SURVEY PLAT Recorded: 01/23/2014 at 02:57:57 PM Fee Amt: 522.00 Pape 1 of 4 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11.2014-00000796 DW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464 IOWA DEPARTMENT OF TRANSPORTATION PLAT OF SURVEY — EXCESS ROW COUNTY DUBUQUE PROJECT NO. F-61-8(22)--20-31 PARCEL NO. 293 SECTION 24 & 19 TOWNSHIP 89N RANGE 2E & 3E PLAT AREA 9.288 SQ. FT. ACQUIRED FROM INTERSTATE POWER COM ANY NE COR. LOT J\� 131' C.L. 505 /C,( 66 ML 2 +29.1 ,�1'(`c\ • F6) Ne ®1 331.8' T. L6�" E OgC-1; �\ WITNESS 6413.r;636 ' <'4 \ CORNER N6 5y nN N6 6`L�..a _ �. - moo, \\ uN� N" 1. 2 DETAIL: \C `,� 3 3 T., \ NO SCALE , -f,„ 3' �, Z w al 1 I _� Vit 1 \ )+<o ��� �� co m LOT 2-2-3 CP '.1 \ <y� N� t -- s-.. N C.L. 504 I NDN �,c- 3 �� wci 1 a I W! ✓ C O i N�iP�� OCL z LO Z \ 0, , .0, J Jam\ \ iA lfla w 3 \ 47 NLOT �•�, L' \ �; 7,7p51SQ.FT. �� ��, `oo A \\ Mc \\ 2 fj� �, INTERMODAL _?? Nmo� JP�P�°S" to \ NFSi g ^���� �rorc^c \ (0 STEEL TOWER ALUMINUM IDOT CAP S17'05'46"E 28.33' (28.26 )- E ...01uIIIIIIImh. NORTH GRAPHIC SCALE 0 60 120 1" = 60' \ DRAWING MAY HAVE BEEN ® ML 233+57.8, 162.4' LT. ® ML 234+10.4, 198.9' LT. © ML 236+20.7, 344' LT. O ML 232+37.2, 60' LT. ML 231+55.6, 3.3' LT. EI ML 231+45, 19' LT. O c,0,-"..7:- aim'‘ C- '5"'17.A - o air \ Q o�� NW CORNER C.L 506C P.O.B.-LOT 1 ML 233+48.5 tin 137.1' LT. SCO \ ...9‘`'` �o� " �.E Yr� 6",.. 12 \\ SI: %aB0R �� (si 7:j \ "�Y CORN' -'1 \ got ,1 <<o--, y_ N •c.- -A ���\` �O61 \ i \ ▪ LEGEND %, PLAT BOUNDARY — PROPERTY LINE - ® FOUND NAIL IN CONCRETE FOUND 5/8" IRON ROD W/j, ■ RED PLASTIC CAP NO. 9651\01 UNLESS NOTED 0 0 ( ) ROW C.L. ML P.O.B. '')- SET SET 5/8" IRON ROD W/ RED 'o PLASTIC CAP NO. 21408 SET CUT X IN CONCRETE RECORD INFORMATION RIGHT OF WAY o Nat CITY LOT ; \•63 MAIN LINE STA HWY 61/151 ✓\" POINT OF BEGINNING WARRANTY DEED FROM INTERSTATE POWER COMPANY TO THE STATE OF IOWA PER INST. NO. 2603-86, DATED APRIL 10, 1986 NOTE THIS SURVEY IS SUBJECT TO DESCRIPTION EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. PROPRIETOR: STATE OF IOWA SURVEYED FOR: CITY OF DUBUQUE DATE OF SURVEY: JANUARY 2013 W 20 0 P.O.B.-LOT ML 233.E 'o °Jl J y � 3 3 0 0 0 0 REDUCED 35+00 i W \ S11'03'33"W \ 3.34' 32 II�V,�' Z• o'‘ �0.1'U; 610 r c t ern. v OaiNER.2 0* N6 .54 • • I �� STA T43+58.9 L 2.37/...,C 7 �j M 3-I5 \ N�-9�N 5���1 6 LOT 2 /1,583 SQ. FT. -10-14. 0'-( /(� O�i L 231+00 58 92 E.9\ F RECORD: 6 LOT 2-1-2-3 C.L. 505, LOT 2-1-1-1 C.L. 506, LOT 2-1-1-2 C.L. 506 AND THAT PART OF VACATED EAST 1071-1 STREET BETWEEN LOT 2-1-2-3 C.L. 505 AND LOT 2-1-1-1 C.L 506 IN THE CITY OF DUBUQUE, IOWA `foo` 00 I(I'11'Hlfgf *` ,Q CRAIG L. 1 GEISER LS 21408- ' 1 HEREBY CERTIFY THAT THIS LAND SURVEIING DOCUMENT WAS PREPARED AND 1HE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISOR AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. FOR OW. P.C. CRAIG L DA1E UCENSE 408 MY LICENSE RENEWAL OA1E IS 12/31/2014 PAGES OR SHEETS COVERED BY TMS SEAL SHEETS 1 & 2 It —n nI1Ct". M::.a,,,,...-.n4.I flnnnn-tne C..... A CIOwADOT Number: 201400003282 Recorded: 4/4/2014 at 3:10:07.953 PM Fee Amount: $37.00 Revenue Tax: $0.00 Kathy Flynn Thurlow RECORDER Dubuque County, Iowa STATE LAND PATENT Recorder's Cover Sheet PREPARER INFORMATION: Cyndy Howell, Iowa Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, IA 50010 515-239-1534 TAXPAYER INFORMATION: City of Dubuque, Iowa, 50 West 131" Street, Dubuque, IA 52001 RETURN DOCUMENT TO: Cyndy Howell, Iowa Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, IA 50010 GRANTORS: State of Iowa LEGAL DESCRIPTION: See Page 2 and 3 GRANTEES: City of Dubuque, Iowa DOCUMENT OR INSTRUMENT NUMBER OF PREVIOUSLY RECORDED DOCUMENTS: Dubuque F-61-8(22)--20-31 City of Dubuque, Iowa (Parcel No. 254) Page 1 of 5 Prepared by\ Return to: Cyndy Howell, IA Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, IA 50010, 515-239-1534 Address Tax Statements: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Patent No. State of Iowa OFFICE OF THE SECRETARY OF STATE 5907 STATE LAND OFFICE The STATE OF IOWA, subject to conditions listed in this patent, hereby conveys to City of Dubuque, Iowa, real estate in Dubuque County, Iowa, and more particularly described as follows: Lot 1 of Lot 1 of Lot 2 of Lot 3 of City Lot 505 in the City of Dubuque, Dubuque County, Iowa. Said parcel contains 20,111 square feet, more or less. More particularly described as follows: Beginning at the Northeast corner of said Lot 1-1-2-3 of City Lot 505; thence South 23 degrees 42 minutes 49 seconds East, 255.53 feet along the Easterly line of said Lot 1-1-2-3 of City Lot 505 to the Southeast corner of said Lot 1-1-2-3 of City Lot 505; thence South 66 degrees 56 minutes 04 seconds West, 87.84 feet along the Southerly line of said Lot 1-1-2-3 of City Lot 505 feet to the Easterly right of way line of Elm Street; thence Northerly along said Easterly right of way line of Elm Street along a curved path concave to the Northeast having a radius of 1,532.14 feet, a central angle of 9 degrees 35 minutes 23 seconds, a chord bearing of North 18 degrees 02 minutes 35 seconds West and a chord distance of 256.14 feet to the Southerly right of way line of East 11th Street; thence North 66 degrees 36 minutes 09 seconds East, 62.53 feet along said Southerly right of way line of East 11th Street to the point of beginning, containing 20,111 square feet, more or less. (cont. page 2) CONDITIONS: Authority and consideration for issuance of this patent are stated in the certificate of the Right of Way Director of the Iowa Department of Transportation filed with the State Land Office as provided in Iowa Code Section 9G.6. This conveyance is subject to the conditions imposed by Iowa Code Sections 306.22, 306.23, 306.24, and 306.25, including the right of, a utility association, company or corporation to continue in possession of a right of way in use at the time of the sale. I, Terry E. Branstad, Governor of the State of Iowa, have caused this instrument to be issued and the Great Seal of the State of Iowa to be affixed to it at Des Moines, on this A `g_day oft , 2014. e Branstad, Governor of Iowa ry Matt Schultz, Iowa Secretary of State I hereby certify that the foregoing Patent is recorded in Vol. 26 Page 140 in the State Land Office. Matt Schultz, Iowa Secretary of State 1 DOT 1/96 Dubuque County City of Dubuque, Iowa Cont. from page 1 AND Lot 1-1-1-1 of City Lot 506 and Lot 1-1-1-2 of City Lot 506 in the City of Dubuque, Dubuque County, Iowa, as shown on Excess Right of Way Plat of Survey attached hereto and by reference made a part hereof more particularly described as follows: Lot 1 in Intermodal Place No. 2 Beginning at the Northeast corner of Lot 1-1-1-1 of City Lot 506; thence South 23 degrees 06 minutes 49 seconds East, 183.23 feet along the Easterly lines of said Lot 1-1-1-1 of City Lot 506 and Lot 1-1-1-2 of City Lot 506; thence South 11 degrees 03 minutes 33 seconds West, 88.79 feet to the Northerly right of way line of East 9th Street; thence South 66 degrees 43 minutes 11 seconds West, 33.89 feet along said Northerly right of way line of East 9th Street, to the Southwest corner of said Lot 1-1-1-2 of City Lot 506; thence North 24 degrees 03 minutes 44 seconds West, 256.90 feet along the Westerly lines of said Lot 1-1-1-2 of City Lot 506 and Lot 1-1-1-1 of City Lot 506 to the Northwest corner of said Lot 1-1-1-1 of City Lot 506; thence North 66 degrees 56 minutes 04 seconds East, 88.02 feet along the Northerly line of said Lot 1-1-1-1 of City Lot 506 and the Southerly right of way line of vacated East 1r Street, to the point of beginning, containing 20,221 square feet, more or less. Note: The Northerly line of East 9th Street is assumed to bear South 66 degrees 43 minutes 11 seconds West for the purpose of this description. Declaration of Value Filing is not required, as the State of Iowa is the Grantor and exempt from such filing by Section 428A.2(6) of the Code of Iowa. No disturbance or excavation at a depth of six or more feet may be conducted on the property unless appropriate employee safety and health training procedures have been implemented, and the work is conducted in a manner that does not release or threaten the release of hazardous substances. Under no circumstances may water supply wells or private wells be drilled on the property without the written approval of the Environmental Protection Agency and the City of Dubuque. Any person that proposes to conduct activities on this property which will involve soil disturbance or excavation at a depth of six or more feet, must contact Midwest Gas, telephone number (712) 277-7500, and the Public Works Director, City of Dubuque, Iowa, telephone number (319) 589-4270, for guidance on appropriate employee safety and health training procedures and other guidance. The Grantee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Patent for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provisions of similar services or benefits, the Grantee shall maintain and operate such facilities and services in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 2 DOT 1/96 DRAWN SAF (PLAT NO. 2 -IA -13 CHECKED CLD PROJ. N0. 13006-02 DATE 9-12-13 SHEET 1 of 2 F.\13\005\006-02\PRO NGS\SURVLY\130O6-D2-AC►-RLY- I II1111 MINI mNIN "u' Doc ID: 007905E030001 Type: SEN Kind: RETRACETENT SURVEY Recorded: 01/23/2014 at 02:32:09 PM Fee Amt: $7.00 Page 1 of 1 Dubuque County Iowa Kathy Flynn Thulv Recorder Fi1e2014-00000787 PREPARED BY, IIW. P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (553) 555-2454 - • ALUMINUM IDOT CAP S17'05'46"E. 28.33' (28.26')--• IOWA DEPARTMENT OF TRANSPORTATION PLAT OF SURVEY — EXCESS ROW PARCEL NO. COUNTY DUBUQUE PROJECT NO. F-61-8(22)--20-31 SEC110N 24 TOWNSHIP 89N PLAT AREA 20,111 SQ. FT. ACQUIRED FROM JACOBSON l6 "E 59%36 �J t7s\oN J RANGE 2E STEEL & SUPPLY COMPANY ML 236+20.7 344.0' LT. 1n, LOT 2-2-3 C.L. 504 LOT 1-1-2-3 \ c� CITY LOT 505 (RETRACEMENT) 20,111 SQ. FT. L,+ 254 NORTH GRAPHIC SCALE 0 60 120 1"=60' \ DRAWING MAY HAVE BEEN REDUCED \ ML 236+00 N.I. i n fl LA V /3 (- 1 L \ \ vpG1 \a � g-C•A/ c `o70 \ E. �4 IP ROO o" gS 1.s CpOF \0� �R� .\1,0 �6a1 ® ML 233+57.8, 162.4' LT. / \CAC M� 0 0t0.. �, S.C.g6 Di, co ML 233+08.6, 235.5' LT. /\N; ; • vs '86 Q021, 0 \� / / Wl >\� ®y $a n O� 1P G \ i ` RO LP ". N.° 0 a Nw \2' \ cIALj y i F \ c: / N So G SCP \ ,- - SOT i▪ s-, `` i Nw 6 i Oo N 0 *\*N/14232+05.9\ a \� 2Z \ \ 60 LT. \� `z ?ATJV`61 N\N 0 13$f00 \ NE CORNER LOT 4, 1-1-1-\1 C.L 506 t P.O.B.-LF 1 0 AO ' E � LEGEND ■ 0 ( ) ROW C.L. ML P.O.B. PLAT BOUNDARY PROPERTY LINE FORMER PROPERTY LINE FOUND NAIL IN CONCRETE FOUND 5/8" IRON ROD W/ RED PLASTIC CAP NO. 9651 UNLESS NOTED SET 5/8" IRON ROD W/ RED PLASTIC CAP NO. 21408 SET CUT X IN CONCRETE RECORD INFORMATION RIGHT OF WAY CITY LOT MAIN LINE STA HWY 61/151 POINT OF BEGINNING WARRANTY DEED FROM JACOBSON STEEL AND SUPPLY COMPANY TO THE STATE OF IOWA PER INST. NO. 7928-85, DATED SEP 27, 1985 DESCRIPTION OF IN THE CITY OF PROPRIETOR: STATE OF IOWA SURVEYED FOR: CITY OF DUBUQUE DATE OF SURVEY: JANUARY 2013 0 6, o\ txx 4t. o0 \ S l �0kga1 2 lovo `O .1 1 i NAV 0a0:0 I, NO' �O°T O I SE CORNER LOY 1-1-1-2 C.L. 506, P.O.B. LOT 2 0 stA \\NE "-c. 090 9 STA 237.1. VN� ON\ I ,g 3 9.0 ROWS 23j+00 •92 c. 9)v 19' SOON S ML 43'x'58 21 0....45--- `6k NOTE 60 THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. RECORD: LOT 1-1-2-3 C.L. 505 DUBUQUE, IOWA • �u q * ., • CRAIG L. • GEISER E =�=LS 21408 �,���/ L I111ttnl,U1 1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED W' AND INE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY . DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA FOR IIW. P.C. I I W CRAIG L. LICENSE N 405 MY UCENSE RENEWAL DATE IS 12/31/2014 PAGES OR SHEETS COVERED BY THIS SEAL SHEET 1 ? •/2•/3 DATE Man¢iva anaw"wa 0011•1.67.1 NM. IlemONINNTAL IIIMMIO Nuto ae INEWO INECRITTEPERTNUOUn1DNS Kww-rvnrww1s•n , • • u Mr .ncnw Cxlrl10.111M0 mmwKINEYM3 uo,mwe11 wuon."wos» Wromnorarmsoumoto non"uerm DRAWN SAF PLAT NO. 2 -IA -13 CHECKED CLG PROJ. NO. 13006-02 DATE 9-12-13 SHEET 1 of 2 P:\13\006\006-02\DRAWINGS\SURYEY\13006-o2-AC,-REV- 11111111111111111111111111111111111111111111 Doc ID: 007905980004 Type: GEN Klnd: SURVEY PLAT Recorded: 01/23/2014 at 02:68:16 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11.2014-00000797 PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464 IOWA DEPARTMENT OF TRANSPORTATION PLAT OF SURVEY — EXCESS ROW COUNTY DUBUQUE PROJECT NO. F-61-8(22)--20-31 PARCEL NO. 254 SECTION 24 & 19 TOWNSHIP 89N RANGE 2E & 3E PLAT AREA 22,049 SQ. FT. ACQUIRED FROM JACOBSON STEEL & SUPPLY COMPANY JS� �5At• ML236+20.7 344.0'LT. F - ALUMINUM 2 _ 6.` S-1.\ \ \cO. )4. CP �'\ \ s N IDOT CAP S17'05'46"E 28.33' (28.26') S��R�SZRE N ��Is3 • Z .CO ti neo \t'\ re. U ci 1\ S om\ v`\ 13 N \ 2 %� \ \ SGS \ S\ OJ j. n tO M co o� ® ML 233+57.8, 162.4' LT. ® ML 233+08.6, 235.5' LT. •r to 156 LP NO a. �iN N LA 0 2 LA LA 01 rnm\.(PN>t ixJr N% \ C----..-\ 0 LOT 2-2-3 C.L. 504 .,IINIIIIIIIIIuIN11.. NORTH GRAPHIC SCALE 0 60 120 1"= 60' \ DRAWING MAY HAVE BEEN REDUCED M[ 236+0 ' o� w 3 \ ` \ 3 \\� `0.„=,s-7-‘ / NL 235}00 �� � \ ‘,4013.A (EO C • \\ ! mo w o 0 9, VPGP(\�S r�^n S\ c �' 1p o \ 1C0 3 cxrn rn __3wa,y �0. cA� `� o tgi:k. /(N u' / 0 i) ?i o2� tr *\ LOT 1 LEGEND 20,221 SQ. FT. PLAT BOUNDARY - - - — PROPERTY LINE — — FORMER PROPERTY LINE FOUND NAIL IN CONCRETE FOUND 5/8" IRON ROD W/ ■ RED PLASTIC CAP NO. 9651 UNLESS NOTED • SET 5/8" IRON ROD W/ RED PLASTIC CAP NO. 21408 ® SET CUT X IN CONCRETE ( ) RECORD INFORMATION ROW RIGHT OF WAY C.L. CITY LOT ML MAIN LINE STA HWY 61/151 P.O.B. POINT OF BEGINNING WARRANTY DEED FROM JACOBSON STEEL AND SUPPLY COMPANY TO THE STATE OF IOWA PER INST. NO. 7928-85, DATED SEP 27, 1985 ,h NE C NER LOT 41 ! \\ 1-1-1-\1 C.L. 506 h O ',-\\ P.O.B.-LQT 1 1Y, . \ o 3 v � O INTERMODAL °>)).PLACE NO. 2 - a ,0 i' 1 poo, cs, Gym \ �; GAO \ a SE CORNER L01 1-1-1-2 506, P.O.B. LOT 2 SHEET ,N� ONS k\g: M o25•c 1 6 LOT 2 $3� p01,828 SO FT. mL 5� ML STA 3'F58.5 237+2/ \ (N 01) 23r�0p 2 91 NOTE 171 THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. PROPRIETOR: DESCRIPTION OF RECORD: LOT 1-1-1-1 C.L. 506, AND STATE OF IOWA LOT 1-1-1-2 C.L. 506 IN THE CITY OF DUBUQUE, IOWA SURVEYED FOR: CITY OF DUBUQUE DATE OF SURVEY: JANUARY 2013 • \\\t\11111111111/„�� ? CRAIG L. GEISER E �= r. --;;;.E. LS 21408 5 V`rE.O,nnun`oJQ`1 �0,�Ol1L A1M10tP\`t\\ I HEREBY CERTIFY 1HAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND 11E RELATED SURVEY 1YOR1O WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERM9ON AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. FOR OW. P.C. CRAIG L R • UCENSE NO. 21406 %•/2•/3 DALE MY UCENSE RENEWAL DAZE IS 12/31/2014 PAGES OR SHEE1S COVERED BY THIS SEAL SHEETS 1 k 2 elOWADOT Number: 201400003275 Recorded: 4/4/2014 at 2:05:18.897 PM Fee Amount: $27.00 Revenue Tax: $0.00 Kathy Flynn Thurlow RECORDER Dubuque County, Iowa STATE LAND PATENT Recorder's Cover Sheet PREPARER INFORMATION: Cyndy Howell, Iowa Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, IA 50010 515-239-1534 TAXPAYER INFORMATION: City of Dubuque, Iowa, 50 West le Street, Dubuque, IA 52001 RETURN DOCUMENT TO: Cyndy Howell, Iowa Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, IA 50010 GRANTORS: State of Iowa LEGAL DESCRIPTION: See Page 2 and 3 GRANTEES: City of Dubuque, Iowa DOCUMENT OR INSTRUMENT NUMBER OF PREVIOUSLY RECORDED DOCUMENTS: Dubuque F-61-8(22)--20-31 City of Dubuque, Iowa (Parcel No. 293A) Page 1 of 4 Prepared by\ Return to: Cyndy Howell, IA Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, IA 50010, 515-239-1534 Address Tax Statements: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Patent No. State of Iowa OFFICE OF THE SECRETARY OF STATE 5905 STATE LAND OFFICE The STATE OF IOWA, subject to conditions listed in this patent, hereby conveys to City of Dubuque, Iowa, real estate in Dubuque County, Iowa, and more particularly described as follows: A parcel of land located in City Lot 506C in the City of Dubuque, Dubuque County, Iowa as shown on Excess Right of Way Plat of Survey attached hereto and by reference made a part hereof more particularly described as follows: Lot 1 of Intermodal Place No. 3 Beginning at the Northwest corner of said City Lot 506C said point being on the Westerly right of way line of Pine Street; thence South 55 degrees 57 minutes 58 seconds East, 53.91 feet along the Easterly line of said City Lot 506C; thence continuing Southerly along said Easterly line of City Lot 506C along a curved path concave to the Southwest having a radius of 230.28 feet, a central angle of 7 degrees 47 minutes 17 seconds, a chord bearing of South 52 degrees 04 minutes 19 seconds East and a chord distance of 31.28 feet. Thence South 11 degrees 03 minutes 33 seconds West, 75.86 feet to a point on the West line of said City Lot 506C; thence North 23 degrees 51 minutes 58 seconds West, 135.43 feet along said West line of City Lot 506C to the point of beginning, containing 3,009 square feet, more or less. (cont. page 2) CONDITIONS: Authority and consideration for issuance of this patent are stated in the certificate of the Right of Way Director of the Iowa Department of Transportation filed with the State Land Office as provided in Iowa Code Section 9G.6. This conveyance is subject to the conditions imposed by Iowa Code Sections 306.22, 306.23, 306.24, and 306.25, including the right of a utility association, company or corporation to continue in possession of a right of way in use at the time of the sale. I, Terry E. Branstad, Governor of the State of Iowa, have caused this instrument to be issued and the Great Seal of the State of Iowa to be affixed toi at Des Moines, on this g 14 day of , 2014. Terry E. Branstad, Governor of Iowa Matt Schultz, Iowa Secretary of State I hereby certify that the foregoing Patent is recorded in Vol. 26 Page 1 38 in the State Land Office. 1 DOT 1/96 Matt Schultz, Iowa Secretary of State Dubuque County City of Dubuque, Iowa Cont. from page 1 Note: The Northerly line of East 9th Street is assumed to bear South 66 degrees 43 minutes 11 seconds West for the purpose of this description. Declaration of Value Filing is not required, as the State of Iowa is the Grantor and exempt from such filing by Section 428A.2(6) of the Code of Iowa No disturbance or excavation at a depth of six or more feet may be conducted on the property unless appropriate employee safety and health training procedures have been implemented, and the work is conducted in a manner that does not release or threaten the release of hazardous substances. Under no circumstances may water supply wells or private wells be drilled on the property without the written approval of the Environmental Protection Agency and the City of Dubuque. Any person that proposes to conduct activities on this property which will involve soil disturbance or excavation at a depth of six or more feet, must contact Midwest Gas, telephone number (712) 277-7500, and the Public Works Director, City of Dubuque, Iowa, telephone number (319) 589-4270, for guidance on appropriate employee safety and health training procedures and other guidance. The Grantee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Patent for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provisions of similar services or benefits, the Grantee shall maintain and operate such facilities and services in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 2 DOT 1/96 PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE; DUBUQUE. IOWA (563) ssri-Daae_ IOWA DEPARTM:ENT OF TRANSPORTATION COUNTY DUBUQUE PLAT Jo T SURVEYF--8(2 EXCESS -20-1 ROPARCEL SECTION 19 TOWNSHIP 89N RANGE - 3E• PLAT AREA 10,996 SQ. FT. ACQUIRED FROM CITY OF DUBUQUE L=164.04'(164.04') ^ R=230.28' '1:4' c2211 A=40'48'49" 03\J CHORD=S35'33'33"E 160.59' C=2: L=31.30' R=230.28' A=7'47'17" CHORD=552'04'19"E 31.28' C -3- L=132.74' R=230.28' A=33'01'33" CHORD=531'39'54"E 130.91' C-4: L=40.19'(40.20') R=45.00' A=5110'30" wcc_ CHORD=S10'26'17"W 38.8 CTt crl -' '0 0 N. •I c0 � \ en -\ ;c0 Lu M I c0 o, I _ \I,\o wN (n c\o> 0 G 0✓w \ Ls, < wIJ N OJ I.) G ca „t c^ ' LLi (..4\ o sem LOT 2-2-3 C.L. 504 LOT 1 3,019 SQ. FT. �'� \°� \ \y \u, u, s to On !< tT nes,y . o Lvt I,oT.� \ o, NW C RNER C.L. 506C P.O.B.-LOT 1 ML 233+48.c 137.1' LT. PRS 1�s) X0) JS• < 56 of 7/ N66g 02 n o '< 0o \ NO. 293A _., IIIIIlIIIlIIIIIIIIr,. NORTH GRAPHIC SCALE 0 60 120 1"=60' ' DRAWING MAY HAVE BEEN REDUCED ® ML 233+13.1, 60' LT. ML 232+16.7, 28.7' RT. © ML 231+77.8, 29.2' RT. O ML 232+37.2, 60' LT. ri P. .B.–LOT 2 LEGEND PLAT BOUNDARY – – — PROPERTY LINE — FORMER PROPERTY LINE FOUND NAIL IN CONCRETE FOUND 5/8" IRON ROD W/ • RED PLASTIC CAP NO. 9651 UNLESS NOTED • SET 5/8" IRON ROD W/ RED PLASTIC CAP NO. 21408 • SET CUT X IN CONCRETE ( ) RECORD INFORMATION ROW RIGHT OF WAY C.L. CITY LOT ML MAIN LINE STA HWY 61/151 P.O.B. POINT OF BEGINNING 0; \�- 1 2354.00 (0,5 ..97_. , \ N M L 233+27.3 ;n 87.5' LT. l �\ IZ \\ 0 cr E'LY LINE OF C.L. 506C \ \ \ <0 C) \ C° trr� G''1 ¢' > a \No INTERMODAL PLACE NO. 3 a• VACATION OF PINE STREET CREATED CITY LOT 506C PER ORDINANCE NO. 14-96 AND RECORDED AS INST. NO. 3502-96 QUIT CLAIMED BY CITY OF DUBUQUE TO STATE OF IOWA PER INST. NO. 3505-96, DATED MARCH 28, 1996 PROPRIETOR: STATE OF IOWA SURVEYED FOR: CITY OF DUBUQUE DATE OF SURVEY: JANUARY 2013 LOT \2 7,987 Q. FT. RO 9jN 5( ML 231+5 VALE 3.3' LT. `21- cj" ML ST4T 43,437+27. 5 Po N Roil 237-1.0p 8.92E 97.1\1 DESCRIPTION OF RECORD: CITY LOT 506C IN THE CITY OF DUBUQUE, IOWA \9,In CRAIG L. r _ GEISER = = cLS 21408 ; i = ,1 IIA NIDut=J�� NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS–OF–WAY OF RECORD AND NOT OF RECORD. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. FOR IIW. P.C. CRAIG L EIS R DATE UCENSE N . 1405 M:Y LICENSE RENEWAL DATE IS 12/31/2014 PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 & 2 9•/2•I?j IIW. IIw INTEGRIIY.EXPERTISESOLUTIONS tvWW.IIWcn • r.com • 600.556.0991 MGNITECRIRE CML.ENGINEEIING CONSTRUCTIONSERVICES ENVIRONMENTAL- ENGINEERING LINO SURVEYWG MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TMNGPORTAT,ON ENGNEFRNG DRAWN SAF PLAT NO. 2 -IA -13 CHECKED CLG PROJ. NO. 13006-02 DATE 9-12-13 SHEET 1 of 2 �P:\13\006\006-02\ORA,,, SURVEY\13006-02-ACQ-RE THE CITY OF DUB Masterpiece on the Mississippi Location Map Intermodal Facilit Lots om State of Iowa DAG IS DUBUQUE AREA C.aGRAPHIC INFCaMATION DISCLAIMER: This Information was compiled sing the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the CIty of Dubuque and participating agencies utilized the most current and accurate Information available, DAGIS and It's suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, Indirect, incidental, unnsmquential, punitive, or special damages, whether foreseeable or foreseeable, arising out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. 100 50 1 inch = 150 feet 0 100 200 Feet LEGEND Map Prepared by: City of Dubuque Engineering Division Intermodal Facility 50 West 13th Street Lots Acquired from Dubuque, Iowa 52001 Phone: (563) 589-4270 State of Iowa Fax: (563) 589-4205