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Southwest Arterial Project - English Mill Road Reconstruction Black Hills Energy Pipeline Relocation Copyright 2014 City of Dubuque Consent Items # 12. ITEM TITLE: Southwest Arterial Project - English Mill Reconstruction Black Hills Energy Gas Pipeline Relocation Reimbursement Agreement SUMMARY: City Manager recommending approval and authorization for the Mayor to execute a Utility Relocation Reimbursement Agreement with Black Hills Energy Corporation for the relocation of the high pressure natural gas main impacted by the English Mill Road Reconstruction Project, as part of the Southwest Arterial Project. RESOLUTION Approving a Utility Relocation Reimbursement Agreement with Black Hills Energy Corporation for the relocation of the Peosta Feed High Pressure Natural Gas Main associated with the English Mill Road Reconstruction Project and the continued development and advancement of the southwest arterial project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Southwest Arterial Project-English Mill Road Reconstruction-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Agreement Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Southwest Arterial Project – English Mill Road Reconstruction Black Hills Energy Gas Pipeline Relocation Reimbursement Agreement Iowa DOT Project No. HDP-2100 (678)-71-31 DATE: March 10, 2015 Assistant City Engineer Bob Schiesl recommends City Council approval and authorization for the Mayor to execute a Utility Relocation Reimbursement Agreement with Black Hills Energy Corporation for the relocation of the high pressure natural gas main impacted by the English Mill Road Reconstruction Project, as part of the Southwest Arterial Project. The estimate of probable cost for this project is $1,401,083.44, which is expected to be paid 80% ($1,120,866.74) by Federal SAFETEA-LU Funding, 10% ($140,108.35) by Dubuque County and 10% ($1401108.35) by the City of Dubuque, using budgeted funds. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael 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 Bob Schiesl, Assistant City Engineer buque THE CITY OF Du DUB AII-AmealcaCitY E I. Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer DATE: March 9, 2015 RE: Southwest Arterial Project - English Mill Road Reconstruction Black Hills Energy Gas Pipeline Relocation Reimbursement Agreement Iowa DOT Project No. HDP-2100 (678)--71-31 INTRODUCTION The purpose of this memorandum is to seek City Council approval and authorize the Mayor to execute a Utility Relocation Reimbursement Agreement with Black Hills Energy Corporation (BHE) for the relocation of the high pressure natural gas main impacted by the English Mill Road Reconstruction Project. BACKGROUND Following the execution of the Memorandum of Understanding in August 2013, the City is moving forward with a phased project approach to construct Southwest Arterial improvements that will provide immediate public benefits and create significant construction efficiencies for the future grading and paving of the four lane freeway between U.S. Highway 61-151 to U.S. Highway 20. The first phase of construction, the North Cascade Road (655, 661) project has been completed and provided for the reconstruction (grading, paving & bridge) and realignment of North Cascade Road which will allow the Southwest Arterial to travel under the new North Cascade Road Bridge. The second construction phase, the English Mill Road (657) reconstruction project, is scheduled for a summer / fall 2015 bid letting and will involve side road improvements that will allow the highway to travel under the new English Mill Road Bridge. Prior to beginning the English Mill Road reconstruction project, the City needs to relocate an 8" and 16" high pressure natural gas pipeline which is owned by BHE. The 16" pipeline is the primary natural gas feed for the entire City of Dubuque, thus it is mandatory that work on this pipeline only be allowed during a non-peak time period during the summer season. RELOCATION REIMBURSEMENT AGREEMENT Upon reviewing the Iowa Department of Transportation (Iowa DOT) Federal-aid Participation in Utility Relocations, it has been determining the BHE utility relocation is eligible, and that all associated activity costs (e.g., materials, labor, equipment, and overhead, etc.) are also eligible. The following is a list of eligible activities to be performed by BHE: Engineering Costs BHE will be using in-house staff resources to complete the following eligible work and operational services: a. Engineering and Administration Services for the work proposed at the preliminary and final design stages. b. Engineering and Administration Services for soliciting competitive bid proposals for the procurement of materials required. c. Purchase of eligible materials required to complete the relocation work. d. Engineering and Administration Services for soliciting competitive bid proposals from qualified contractors to complete the relocation work. e. Contract with the lowest responsible, responsive bidder for contract labor to complete the relocation work. f. Engineering, Administration and Inspection Services for the work performed at the construction stages. g. Engineering and Administration for the work performed at the final completion and project close out stages. Construction Costs Per the terms and conditions of the Utility Relocation Reimbursement Agreement, BHE will solicit competitive bids for the procurement of the necessary materials to complete the relocation work. BHE will also solicit competitive bids from qualified contractors to provide contract labor and equipment to complete the relocation of the 8" and 16" high pressure natural gas pipeline. Reimbursement Costs BHE shall initially pay all costs to relocate and adjust its facilities as covered by the agreement. Upon reasonable satisfactory progress as the work is underway, BHE shall provide an itemized monthly progress payment for all expenditures incurred which are eligible for reimbursement. Upon receiving invoices from BHE, the City will pay BHE for said eligible reimbursement costs. FHWA Authorization Both the Iowa DOT and Federal Highway Administration (FHWA) have issued an authorization to execute the Utility Relocation Reimbursement Agreement and approval to proceed with the pipeline relocation project. 2 BUDGETIMPACTS The estimate of probable cost for the utility relocation work is as follows: Description Estimated Cost Material Cost $ 261 ,890.04 Contract Labor Cost 825,713.72 Field Engineering & Supervision Overhead 163,031 .10 Material Overhead 104,978.51 Administrative and General Overhead 45,470.07 Total Project Cost Estimate 1.401.083.44 The anticipated project funding is summarized as follows: Fund Description Fund Amount Federal SAFETEA-LU Funding (80%) $ 1 ,120,866.74 Local Funding - City (10%) 140,108.35 Local Funding - County (10%) 140,108.35 Total Project Funding $ 1.401.083.44 RECOMMENDATION I recommend that the City Council authorize the Mayor to execute a Utility Relocation Reimbursement Agreement with Black Hills Energy Corporation for the relocation of the Peosta feed high pressure natural gas main associated with the English Mill Road Reconstruction Project for the continued development and advancement of the Southwest Arterial Project. ACTION TO BE TAKEN The City Council is requested to authorize the Mayor to execute a Utility Relocation Reimbursement Agreement with Black Hills Energy Corporation for the relocation of the Peosta feed high pressure natural gas main associated with the English Mill Road Reconstruction Project for the continued development and advancement of the Southwest Arterial Project. cc: Jenny Larson, Budget Director F:\Projects\Southwest Arterial\Utility Coordination - Relocation\Black Hills Energy\Council and Staff Documents 3 RESOLUTION NO. 81-15 RESOLUTION APPROVING A UTILITY RELOCATION REIMBURSEMENT AGREEMENT WITH BLACK HILLS ENERGY CORPORATION FOR THE RELOCATION OF THE PEOSTA FEED HIGH PRESSURE NATURAL GAS MAIN ASSOCIATED WITH THE ENGLISH MILL ROAD RECONSTRUCTION PROJECT AND THE CONTINUED DEVELOPMENT AND ADVANCEMENT OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the City is proceeding with the proposed English Mill Road Reconstruction Project (hereafter Project) in accordance with its plans and specifications, which the City has designed as part of the Southwest Arterial Project; and Whereas, prior to the City commencing work on the Project, the City needs to have an existing in-service 8" and 16" high pressure natural gas pipeline relocated; and Whereas, the 8" and 16" high pressure Peosta feed natural gas main is owned and operated by the Black Hills Energy (hereafter BHE) and located on its own easements upon privately owned land affected by the Project shall be relocated in accordance with a Utility Relocation Reimbursement Agreement (hereafter Agreement); and Whereas, it has been determined that the utility relocation to be completed by BHE is eligible for federal -aid participation and that all associated activity costs (e.g., materials, labor, equipment, and overhead, etc.) are eligible; and Whereas, BHE shall initially pay all costs to relocate and adjust its facilities as covered by the Agreement; and Whereas, upon reasonable satisfactory completion the City will pay BHE for said eligible reimbursement costs as covered by the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That said Agreement between the City of Dubuque and Black Hills Energy Corporation is hereby approved. Section 2. That the Mayor be authorized and directed to execute three copies of said Agreement between the City of Dubuque and Black Hills Energy Corporation for the relocation of the Peosta feed high pressure natural gas main associated with the Project and the continued development and advancement of the Southwest Arterial Project. Passed, approved and adopted this 16th day of March, 2015. A test - Trish Gleason, CMC, Asst. City Clerk y D. Buol, Mayor THE CITY OF DUB E Masterpiece on the Mississippi Southwest Arterial Project Utility Relocation Reimbursement Agreement Agreement No.: U-BHE1-2015678-71-31 County: Dubuque Construction Project No.: HDP-2100 (678)-71-31 IT IS AGREED, by and between the City of Dubuque (hereafter City), and Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy, a limited liability corporation, with offices in Dubuque, Iowa (hereafter Company) as follows: 1. Project Information 1.1. The City shall proceed with the proposed English Mill Road Reconstruction Project (HDP-2100 (657}-71-31) in accordance with its plans and specifications, which the City has designed as part of the Southwest Arterial Project (hereafter Project). The plans and specifications are made a part of this agreement. 1.2. Priorto the City commencing work on the English Mill Road Reconstruction Project,the City needs to have an existing in-service 16" and 8" high pressure natural gas pipeline relocated. 1.3. The 16" and 8' high pressure Peosta feed natural gas main is owned and operated by the Company and located on its own easements upon privately owned land affected by the Project shall be relocated in accordance with attached Exhibit W. 1.4. Work and operations to be done bythe Company consist ofthe following: a. Engineering and Administration Services for the work proposed at the preliminary and final design stages. b. Engineering and Administration Services for soliciting competitive bid proposals for the procurement of materials required. c. Purchase of eligible materials required to complete the relocation work. d. Engineering and Administration Services for soliciting competitive bid proposals from qualified contractors to complete the relocation work. e. Contract with the lowest responsible, responsive bidder for contract labor to complete the relocation work. f. Engineering, Administration and Inspection Services for the work performed at the construction stages. g. Engineenng and Administration for the work performed at the final completion and project close out stages. 1.5. Wthoutfurther compensation, otherthan performance bythe Cityof its obligations as stated in this agreement, the Company shall execute and deliver to the City, on fortes supplied by the City, a Disclaimer of Interest in Realty in and to all rights-of-way acquired bythe City forthis project. 1.6. Wthoutfurther compensation, otherthan performance bythe Cityof its obligations as stated in this agreement, the City shall deliver to the Company, through Quit Claim Deed, a permanent utility easement(s) as shown on the attached Exhibit "B", for the relocated alignment segments of 16" and 8' high pressure Peosta feed natural gas main in accordance with attached Exhibit"A". 1.7. Wthoutfurther compensation, otherthan performance bythe Cityof its obligations as stated in this agreement, the Company shall execute and deliver to the City, on fortes supplied by the City, a Partial Disclaimer of Interest in Realty as shown on the attached Exhibit "C", for the vacating and relinquishment of all easement rights for those segments located within rights-of-way acquired by the City for this project. 2. Project Costs and Method of Payment 2.1. The total estimate of probable eligible cost ($1,401,083) required by the Project for relocation and adjustment of Company facilities and estimated City share of such costs are shown on the itemized estimate of probable cost included in Exhibit "D". 2.2. The Citys share of costs will be limited to only those costs that are eligible for Federal-aid reimbursement as per Title 23, Code of Federal Regulations (CFR), Part 645. 2.3. If actual costs will exceed 125% of the estimate, the Company shall promptly request written approval from the City to exceed the estimated cost unless the additional cost is $10,000 or less. Such requests shall include an updated itemized cost estimate and an explanation for the increased costs. The City will not reimburse the Company for costs exceeding 125% of the estimate unless the City approves such a request in writing. Version Date: 02-26-2015 Page 1 of 5 Southwest Arterial Project Utility Relocation Reimbursement Agreement 2.4. For full and complete compensation for all work, materials, and services furnished under the terms of this agreement, the Company shall be paid actual costs according to the unit prices and final quantities per the contract award proposal, subject to the provisions of Section 4 of this agreement. 2.5. Company hereby acknowledges and agrees that all costs associated with the relocation and adjustment of Company facilities located within public right-of-way are not an eligible cost and not included as part of this reimbursement agreement as shown on the attached Exhibit"A". 3. Construction 3.1. The Company agrees to perform the work specified to relocate and adjust its facilities, and further certifies: a. It is financially capable of performing the work prior to being reimbursed. b. The work shall be done by qualified, properly trained, and experienced personnel. c. The work shall be done within the prescribed time to meet the Project construction schedule. d. It is aware of all applicable work requirements and administrative rules imposed by the Federal Highway Administration (FHWA), the Iowa Department of Transportation (Iowa DOT), and City. 3.2. Upon execution of this agreement, the Company will proceed with reasonable promptness to solicit competitive bids for the work covered by this agreement. The Company shall provide the City with documentation of the bid procurement process. After receiving bids, the Company will provide the City a contract award proposal for the work and an itemized tabulation of the bids to the City for review. After review and concurrence of the contract award proposal, the Iowa DOT and the City will provide written authorization to proceed with work. 3.3. Upon receipt of written notice to proceed from the City, the Company shall relocate and adjust its facilities in a reasonably satisfactory manner as outlined in paragraph 1.3 that will not interfere with the Project. The Company shall notify the City Engineer of the date on which Company work begins in the project area and of the anticipated completion date. The Company will also inform the City when each phase of the work is completed. If a change in schedule is warranted, it shall be approved by the City Engineer. 3.4. The Company shall initially pay all costs to relocate and adjust its facilities as covered by this agreement. Upon reasonable satisfactory progress as the work is underway, the Company shall provide an itemized monthly progress payment for all expenditures incurred which are eligible for reimbursement. 3.5. If there are changes to the scope of work approved by the agreement (e.g., extra work, significant changes to the plans, specifications, or estimates), an amendment to the agreement, written change, or extra work order must be approved by the City and the Iowa DOT. Absent such documentation, Federal funds may not participate in the additional costs associated with such changes. 3.6. If there are unforeseen site conditions encountered during the utility relocation and adjustment work (e.g., rock, high ground water conditions, unsuitable soils, pipe wrap or coating materials) which may cause changes to the cost of the awarded contract, the Company shall promptly notify the City of such conditions and a written change order or extra work order must be approved by the City and the Iowa DOT. Absent such documentation, Federal funds may not participate in the additional costs associated with such changes. 3.7. The City shall be responsible for providing construction staking for both horizontal and vertical alignment for the utility relocation and adjustment work. The Company will be required to furnish forty-eight(48) hour advance notice for the construction staking field work to be completed. 3.8. The City shall be responsible for the removal and disposal of the vacated and retired segments of 8" and 16" pipe located within the limits of the right-of-way corridor. City shall comply with all federal, state, and local environmental laws and regulations concerning the removal and disposal of the vacated and retired segments of pipe. City will hold harmless Company for any damages caused by City's negligence or willful misconduct in the removal or disposal of the vacated and retired segments of pipe. 4. Billing and Final Payment 4.1. The Company may elect to provide the City with an invoice at various stages of the utility relocation and adjustment effort. However, the invoice shall only be for expenses incurred prior to the date of the invoice. The Company shall provide the City with an invoice that includes the following: a. Company name. b. Date of invoice. c. Invoice number. d. Company project or activity numbers. e. Agreement number as shown on page 1 of this agreement. f. Construction project number as shown on page 1 of this agreement. g. Payment period, beginning and ending dates of work. Version Date: 02-26-2015 Page 2 of 5 Southwest Arterial Project Utility Relocation Reimbursement Agreement h. An itemized statement of actual costs incurred for payment period, including unit costs, quantities used during payment period, a specific description of each item, product, or service provided. Labor, indirect costs, and direct costs shall be identified separately. i. Total amount claimed to date. j. Previous payments to date, if any. k. Company project or activity numbers. I. If the invoice in final, it shall conspicuously show the word "FINAL" near the top of the invoice. Otherwise, the invoice shall conspicuously show the word "PROGRESS' near the top of the invoice. m. If more than one progress payment is requested, the total of all progress payments will not exceed 90% of the City's share of the cost as specified in contract award proposal. 4.2. Upon receiving a final invoice from the Company, the City will pay the Company an amount not to exceed 90% of either the estimated cost as specified in contract award proposal or the claimed amount, whichever is less. 4.3. Upon receiving a final invoice, the City will send the Company a Certificate of Completion. The Company shall complete the certificate and return it to the City. The City will either acknowledge and accept the work as complete or explain why it cannot do so. After the work is accepted as complete, the FHWA, the Iowa DOT or the City may elect to perform a final audit of the Company's claimed cost. 4.4. Upon satisfactory completion of the work, and the completion of a final audit by the FHWA, the Iowa DOT or the City, and receipt of a properly executed Disclaimer of Interest in Realty from the Company, the City shall make a final payment to the Company. Final payment (which includes the final progress payment and the 10% retainage release) will be equal to the difference between the total eligible costs and the amount previously reimbursed, if any. In the event justifiable audit exceptions exist, or for other reasons the Company has been overpaid, the Company will promptly refund to the City any overpayment previously made. 5. General Provisions 5.1. The Company hereby acknowledges receipt of notice of and waives further notice required by law. 5.2. In accordance with the Iowa Department of Transportation Utility Accommodation Policy, this agreement by itself does not constitute a permit nor does it grant permission to occupy highway rights-of-way. Where facilities are to be located on or across the rights-of-way, the Company is responsible for obtaining a permit from the City prior to commencing work within the rights-of-way. 5.3. This agreement is subject to the following provisions of 23 CFR Part 645 and the Iowa Department of Transportation Utility Accommodation Policy, as set forth in Administrative rules 761 Iowa Administrative Code (IAC) Chapter 115, which are incorporated by reference. 5.4. All work performed pursuant to this agreement shall comply with 49 CFR Part 21- Nondiscrimination in Federally Assisted Programs of the Department of Transportation and all other applicable State or Federal laws, regulations, or directives, as of the date of execution of this agreement. 5.5. The Company shall perform future construction, repair, replacement, or maintenance of the Company's facilities within highway rights-of-way in accordance with the Iowa Department of Transportation Utility Accommodation Policy. 5.6. If difficulties or delays arise which, in the opinion of the City, make it impractical to proceed with the proposed improvement, the City may cancel this agreement by written notification to the Company and this agreement shall become null and void, provided such notification is given prior to the notice by the City to the Company to proceed. 5.7. This agreement and the referenced exhibits constitute the entire agreement between the Company and the City concerning this Project. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Any addendums shall become effective only upon written approval of the Company and the City. If any clause in this agreement is declared invalid, it shall not void the entire agreement. 5.8. The attention of the Company is directed to the provisions of an act of Congress known as Title 23, United States Code, Section 1 and any other acts of Congress providing for road improvements. When the Federal Government is to pay all or any portion of the cost of an improvement or project, the construction work, although it is under the supervision of the City and subject to laws of the State of Iowa, is also subject to the above mentioned acts of Congress and to all authorities. This construction work shall be subject to inspection by duly authorized agents of the Federal Government, but this inspection will not make the Federal Government a party to the contract Version Date: 02-26-2015 Page 3 of 5 Southwest Arterial Project Utility Relocation Reimbursement Agreement 5.9. All portions of the project performed by the Company shall be in compliance with the Buy America Requirements, as set forth in 23 CFR 635.410 and 23 USC 313, as amended by Section 1518 of P.L. 112-141. Before incorporating any iron or steel products into the work, the Company shall provide the City with manufacturer's certifications indicating that all manufacturing processes for iron and steel, including the application of coatings, have occurred in the United States, unless granted a waiver pursuant to 23 CFR 635.410. 5.10. The Company and its supplier(s), contractor(s), or subcontractor(s) where applicable, shall maintain all books, documents, Buy America certification(s), accounting records, supporting cost proposals, and other evidence pertaining to costs incurred and make such material available at their respective offices at all reasonable times during the period of this agreement. These records shall be available for three (3) years from the date of final payment under this agreement for inspection by the FHWA, the Iowa DOT or the City, or any authorized representative of the Federal government. The Company shall furnish copies of these records, if requested. 5.11. The Company and its supplier(s), contractor(s), or subcontractor(s) where applicable agree to use a step-certification process, whereby each entity involved in the manufacturing process of any iron or steel products (from melting to fabrication) on transfer of the intermediate product, shall certify that its product complies with Buy America. The step-certification process shall produce a "chain of custody" documentation trail that will be used to verify compliance. 5.12. The City shall retain records of the Buy America certifications provided by the Company as part of its Federal-aid project file. 5.13. This agreement shall be executed and delivered in three (3) or more copies, each of which shall be deemed to be an original and shall constitute but one and the same agreement. Version Date: 02-26-2015 Page 4 of 5 Southwest Arterial Project Utility Relocation Reimbursement Agreement 6. Signatures IN WITNESS WHEREOF the Parties hereto have caused the agreement to be executed by their duly authorized officers on the dates below indicated. Executed by the Company this day of 2015. BLACK HILLS/IOWA GAS UTILITY COMPANY, LLC d/b/a BLACK HILLS ENERGY By (Signature) (Print Name) State of (Print Title) County of ss. This instrument was acknowledged before me on this day of 12015, by as of of (Name) (Title) (Company) Notary Public in and for said State .......................................................................................................................................... Executed by the City of Dubuque this day of 2015. CITY OF DUBUQUE By (Signature) (Print Name) State of (Print Title) County of ss. This instrument was acknowledged before me on this day of 12015, by as of of (Name) (Title) (Company) Notary Public in and for said State .......................................................................................................................................... Executed by the Iowa Department of Transportation this day of , 2015. IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization ** By (Signature) (Print Name) (Print Title) **The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Version Date: 02-26-2015 Page 5 of 5 ENGLISH MILL ROAD 15N Nd�0.0 LEGEND < GL EXISTING RIGHT-OF-WAY fAw, RELOCATION - a NEW RIGHT-OF-WAY-UNE i • * NEW PERMANENT EASEMENT L o o NEW TEMPORARY EASEMENT Approximate Location, PROPERTY LINE Black Hills Energy 8' Pipeline —.I.— ep EXISTING BHE PIPELINE 629' +/- RELOCATION ®Fr PROPOSED SHE PIPELINE RELOCATION / EXISTING BP PIPELINE Proposed Relocation, / 1 8' Pipeline / L y 'f S V4 Cor. Sec. 32 .& / Y1 T89N, R2E NE Car. Sec. 5 T88N, R2E N V4 Cor. Sec. 5 - 9 T88N, R2E p ° _ 231' CROSSING / 484' °CROSSING +!W'"4011, 589' RELOCATION ° ° ° o mate Locatlp peGne 0 P21(Is Energy 16' . --- H DaOt 178' CROSSING O Proposed Relocation, ° 1 � I oL 16' Pipeline 876' RELOCATION �f _ o T 283' +/- RELOCATION oie BP p1�/1e"on NON -PARTICIPATING = RELOCATION COST THROUGH w % �— H 0 100 200 300 EXISTING ROAD RIGHT-OF-WAY -, t • �� , I� Z 1� SCALE IN FEET S , W N � ✓ i Black Hills Energy Corporation r , Relocation of Peosta Feed Natural Gas Main y Exhibit A Souffi a Arledal TTT City of Dubuque,la a February. 2015 o 60180237 version uate: - - EXHIBIT B Prepared by: Robert Schiesl,Assistant City Engineer,City Hall,50 W 13 Street Dubuque IA 52001 563 589-4270 Return to: Robert Schiesl,Assistant City Engineer,City Hall,50 W 13 Street Dubuque IA 52001 563 589-4270 QUIT CLAIM DEED For consideration without further compensation, other than performance by the City of Dubuque and Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy of its obligations as stated in the Utility Relocation Reimbursement Agreement (Agreement No. U-BHE1-2015- 678-71-31) and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Black Hills Energy, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa, according to the recorded plat thereof: DESCRIPTION: PERMANENT UTILITY EASEMENT"A" PROJECT PARCEL NO. 124 COUNTY PARCEL NO. 1032300003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF GREEN VALLEY FARMS SUBDIVISION, A SUBDIVISION LOCATED IN PARTS OF SECTIONS 32 AND 33, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 32; THENCE SOUTH 860 (DEGREES) 42' (MINUTES) 13" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, ALSO BEING THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 181.90 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF NORTH ENGLISH MILL ROAD, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, THENCE CONTINUING SOUTH 86042'13" WEST ON SAID SOUTH LINE, 56.25 FEET, THENCE NORTH 23058'32" EAST, 165.97 FEET, THENCE NORTHEASTERLY ON A 1070.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 233.54-FOOT LONG CHORD BEARING NORTH 28007'16" EAST, 234.01 FEET (ARC LENGTH), THENCE NORTH 45006'06" EAST, 53.15 FEET, THENCE SOUTH 52047'36" EAST, 50.48 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF NORTH ENGLISH MILL ROAD; THENCE SOUTH 450 06'06" WEST ON SAID FUTURE RIGHT-OF-WAY LINE, 55.34 FEET, THENCE SOUTHWESTERLY ON SAID FUTURE RIGHT-OF-WAY LINE, BEING A 1020.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 218.93-FOOT LONG CHORD BEARING SOUTH 27057'55" WEST, 219.35 FEET (ARC LENGTH); THENCE SOUTH 23058'32" WEST ON SAID FUTURE RIGHT-OF-WAY LINE, 141.13 FEET TO THE POINT OF BEGINNING. CONTAINING 21,724 SQUARE FEET OR 0.50 ACRE. DESCRIPTION: PERMANENT UTILITY EASEMENT"B" PROJECT PARCEL NO. 124 COUNTY PARCEL NO. 1505200008 A PARCEL OF LAND SITUATED IN THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 5, THENCE NORTH 860 (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA; THENCE NORTH 88037'34" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD, THENCE SOUTH 27000'06" WEST ON Version Date: 02-26-2015 EXHIBIT B SAID CENTERLINE, 182.74 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL, THENCE SOUTH 25025'39" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF ENGLISH MILL ROAD, THENCE SOUTH 20012'39" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 13.55 FEET; THENCE SOUTH 51010'13" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 153.94 FEET, THENCE SOUTH 65000'22" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 147.90 FEET; THENCE SOUTH 69019'10" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 360.26 FEET TO THE WEST LINE OF THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 68018'33" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 329.77 FEET, THENCE SOUTH 84001'27" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 74.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 16056'22" EAST, 150.33 FEET; THENCE SOUTH 73003'38" EAST, 50.00 FEET, THENCE SOUTH 16056'22" WEST, 140.64 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL; THENCE NORTH 84001'27" WEST ON SAID FUTURE RIGHT-OF-WAY LINE, 50.93 FEET TO THE POINT OF BEGINNING. CONTAINING 7,274 SQUARE FEET OR 0.17 ACRE. DESCRIPTION: TEMPORARY UTILITY EASEMENT"A" PROJECT PARCEL NO. 124 COUNTY PARCEL NO. 1032300003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF GREEN VALLEY FARMS SUBDIVISION, A SUBDIVISION LOCATED IN PARTS OF SECTIONS 32 AND 33, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 32; THENCE SOUTH 860 (DEGREES) 42' (MINUTES) 13" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, ALSO BEING THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 238.15 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, THENCE CONTINUING SOUTH 86042'13" WEST ON SAID SOUTH LINE, 28.13 FEET, THENCE NORTH 23058'32" EAST, 178.40 FEET, THENCE NORTHEASTERLY ON A 1095.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 240.88- FOOT LONG CHORD BEARING NORTH 28011'42" EAST, 241.37 FEET (ARC LENGTH), THENCE NORTH 45006'06" EAST, 52.01 FEET, THENCE SOUTH 52047'36" EAST, 25.24 FEET; THENCE SOUTH 45006'06" WEST, 53.15 FEET; THENCE SOUTHWESTERLY ON A 1070.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 233.54- FOOT LONG CHORD BEARING SOUTH 28007'16" WEST, 234.01 FEET (ARC LENGTH), THENCE SOUTH 23058'32" WEST ON SAID FUTURE RIGHT-OF-WAY LINE, 165.97 FEET TO THE POINT OF BEGINNING. CONTAINING 11,561 SQUARE FEET OR 0.27 ACRE. DESCRIPTION: TEMPORARY UTILITY EASEMENT"B" PROJECT PARCEL NO. 124 COUNTY PARCEL NO. 1505200008 A PARCEL OF LAND SITUATED IN THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 5, THENCE NORTH 860 (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA; THENCE NORTH 88037'34" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD, THENCE SOUTH 27000'06" WEST ON SAID CENTERLINE, 182.74 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL, THENCE SOUTH 25025'39" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF ENGLISH MILL ROAD, THENCE SOUTH 20012'39" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 13.55 FEET; THENCE SOUTH 51010'13" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 153.94 FEET, THENCE SOUTH 65000'22" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 147.90 FEET; THENCE SOUTH 69019'10" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 360.26 FEET; THENCE SOUTH 68018'33" EAST ON SAID FUTURE RIGHT-OF- Version Date: 02-26-2015 EXHIBIT B WAY LINE, 329.77 FEET; THENCE SOUTH 84001'27" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 49.52 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 16056'22" EAST, 155.17 FEET; THENCE SOUTH 73003'38" EAST, 100.00 FEET; THENCE SOUTH 16056'22" WEST, 135.80 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL; THENCE NORTH 84001'27" WEST ON SAID FUTURE RIGHT-OF-WAY LINE, 101.86 FEET TO THE POINT OF BEGINNING. CONTAINING 14,549 SQUARE FEET OR 0.33 ACRE OF WHICH 7,274 SQUARE FEET OF 0.17 ACRE IS PERMANENT UTILITY EASEMENT "B". DESCRIPTION: PERMANENT EASEMENT"A" PROJECT PARCEL NO. 130 COUNTY PARCEL NO. 1505200001 A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5, THENCE SOUTH 010 (DEGREES) 48' (MINUTES) 37" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF SAID LOT 3 ALSO BEING THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 329.95 FEET TO THE FUTURE RIGHT-OF-LINE OF THE SOUTHWEST ARTERIAL; THENCE SOUTH 55028'56" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 119.15 FEET; THENCE SOUTH 58014'40" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 128.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, THENCE CONTINUING SOUTH 58014'40" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 231.10 FEET; THENCE SOUTH 42018'11" EAST ON ON SAID FUTURE RIGHT-OF-WAY LINE, 91.91 FEET; THENCE SOUTH 03043'47" WEST ON SAID FUTURE RIGHT-OF-WAY LINE, 100.57 FEET, THENCE NORTH 80009'17" WEST, 50.29 FEET, THENCE NORTH 03043'47" EAST, 73.97 FEET, THENCE NORTH 42018'11" WEST, 63.66 FEET, THENCE NORTH 58014'40" WEST, 217.28 FEET, THENCE NORTH 23059'35" EAST, 50.46 FEET TO THE POINT OF BEGINNING. CONTAINING 19,464 SQUARE FEET OR 0.45 ACRE. DESCRIPTION: PERMANENT EASEMENT"B" PROJECT PARCEL NO. 130 COUNTY PARCEL NO. 1505200001 A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5, THENCE NORTH 860 (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA; THENCE NORTH 88037'34" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD; THENCE SOUTH 27000'06" WEST ON SAID PRESENT CENTERLINE, 182.74 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL, THENCE SOUTH 25025'39" EAST ON SAID FUTURE RIGHT- OF-WAY LINE, 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF ENGLISH MILL ROAD, THENCE SOUTH 20012'39" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 13.55 FEET; THENCE SOUTH 51010'13" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 153.94 FEET, THENCE SOUTH 65000'22" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 147.90 FEET, THENCE SOUTH 69019'10" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 360.26 FEET TO THE EAST LINE OF SAID LOT 3, ALSO BEING THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5, THENCE SOUTH 01°49'21" EAST ON SAID EAST LINE, 362.72 FEET TO THE FUTURE RIGHT-OF- WAY LINE OF THE SOUTHWEST ARTERIAL, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, THENCE CONTINUING SOUTH 01049'21" EAST ON SAID EAST LINE, 52.86 FEET, THENCE NORTH 72052'58" WEST, 319.02 FEET, THENCE NORTH 62040'55" WEST, 233.46 FEET, THENCE NORTH 20054'08" EAST, 33.16 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL; THENCE NORTH 87020'08" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 33.12 FEET, THENCE SOUTH 62040'55" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 204.08 FEET, THENCE SOUTH 72052'58" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 297.40 FEET TO THE POINT OF BEGINNING. Version Date: 02-26-2015 EXHIBIT B CONTAINING 26,860 SQUARE FEET OR 0.62 ACRE. DESCRIPTION: TEMPORARY EASEMENT"A" PROJECT PARCEL NO. 130 COUNTY PARCEL NO. 1505200001 A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5, THENCE SOUTH 010 (DEGREES) 48' (MINUTES) 37" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF SAID LOT 3, ALSO BEING THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 329.95 FEET TO THE FUTURE RIGHT-OF-LINE OF THE SOUTHWEST ARTERIAL, THENCE SOUTH 55028'56" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 119.15 FEET, THENCE SOUTH 58014'40" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 103.19 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, THENCE CONTINUING SOUTH 58014'40" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 25.23 FEET; THENCE SOUTH 23059'35" WEST, 50.46 FEET, THENCE SOUTH 58014'40" EAST, 217.28 FEET, THENCE SOUTH 42018'11" EAST, 63.66 FEET, THENCE SOUTH 03043'47" WEST, 73.97 FEET; THENCE NORTH 80009'17" WEST, 25.14 FEET; THENCE NORTH 03043'47" WEST, 60.68 FEET; THENCE NORTH 42018'11" WEST, 49.54 FEET; THENCE NORTH 58014'40" WEST, 235.61 FEET, THENCE NORTH 23059'35" EAST, 75.69 FEET TO THE POINT OF BEGINNING. CONTAINING 10,334 SQUARE FEET OR 0.24 ACRE. DESCRIPTION: TEMPORARY EASEMENT "B" PROJECT PARCEL NO. 130 COUNTY PARCEL NO. 1505200001 A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5, THENCE NORTH 860 (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA; THENCE NORTH 88037'34" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD; THENCE SOUTH 27000'06" WEST ON SAID PRESENT CENTERLINE, 182.74 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL, THENCE SOUTH 25025'39" EAST ON SAID FUTURE RIGHT- OF-WAY LINE, 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF ENGLISH MILL ROAD, THENCE SOUTH 20012'39" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 13.55 FEET; THENCE SOUTH 51010'13" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 153.94 FEET, THENCE SOUTH 65000'22" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 147.90 FEET, THENCE SOUTH 69019'10" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 360.26 FEET TO THE EAST LINE OF SAID LOT 3, ALSO BEING THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 01°49'21" EAST ON SAID EAST LINE, 415.58 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, THENCE CONTINUING SOUTH 01049'21" EAST ON SAID EAST LINE, 26.43 FEET, THENCE NORTH 72052'58" WEST, 329.83 FEET, THENCE NORTH 62040'55" WEST, 232.88 FEET, THENCE NORTH 20054'08" EAST, 25.16 FEET; THENCE SOUTH 62040'55" EAST, 233.46 FEET, THENCE SOUTH 72052'58" EAST, 319.02 FEET TO THE POINT OF BEGINNING. CONTAINING 13,941 SQUARE FEET OR 0.32 ACRE. Version Date: 02-26-2015 EXHIBIT B Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor. Dated: day of 12015 CITY OF DUBUQUE, IOWA Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk STATE OF IOWA, DUBUQUE COUNTY, ss: On this day of 2015, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Dubuque, Iowa; and that the said Roy D. Buol and Kevin S. Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary public Version Date: 02-26-2015 PREPARED BY:MICMAEL R.FABLE. AECOM. 501 SYCAMORE STREET, SUITE 222. WATERLOO,IOWA.50703. 319-232-6531 ACQUISITION PLAT EXHIBIT B SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: SHARON L. BRADLEY,TRUSTEE OF THE SHARON L. BRADLEY TRUST COUNTY PARCEL NO.1032300003 AND 1505200008 PROJECT PARCEL NO.124 PERMANENT UTILITY EASEMENTS W LITE SEI/4 SEC 32-89-2E GREEN WALLY FARMS FUTURE RIGHTQ-WAY S LINE SUBDIVISION 6 SWI/4 SEC LOT 1 O 32-89-2E QT ALSO THE 5 LINE LOT 1 B SI/4 COR SEC 32-89-2E O 9 PROPOSED 50'WFO SON IDE NE COR SEC 5-BB-2E PERMANENT UTILITY Og FO I.P. W/CAP EASEMENT 'A' NO. WEER 1 084 O Oj 10 NCOR SEC l 1 5-B888-2E FO SCM } NBB•3T'39•E 1914.85' NB6°92'13'E J/// 19 NI/2 NE NEI/4 740.25' 13 5-88-2 SEC 5-08-2E FUTURE 15 PROPOSED 50'WIDE RIGHT-4F-WAY ,y` PERMANENT UTILITY wr EASEMENT 'B• OT 3 19 W SECS 88-aEI/ I6 W SEC 5-80-2E LOT 3 18 21 01/4 NEI/4 FUTURE IT SEC 5-89-2E RIGRT-OF-WAY PERMANENT UTILITY EASEMENT "A" PERMANENT UTILITY EASEMENT "B" BEARINGS AND DISTANCES BEARINGS AND DISTANCES POINTS BEARING DISTANCE POINTS BEARING DISTANCE 1 TO 2 S86°42' 13"W 181.90' 1 TO 10 NBB•37 34 E 72.94 2 TO 3 SB6°42'73"W 56.25 70 TO 11 527.00 O6 W 182.74 3 TO 4 N23'58'32"E 165.97' 11 TO 72 525°25 39 E 41.69 4 TO 5 LC = N28.07'16"E LC = 233.54' 12 TO 13 520.12'39 E 13.55 R In 1070.00' L = 234.01' 13 TO 14 551.10'13"E 153.94 5 TO 6 N45.06'06"E 53.15' 14 TO 15 S65°00'22'E 147.90' 6 TO 7 552.47'36'E 50.48' 15 TO 16 569.79'10"E 360.26' 7 TO 8 45.06'06'W 55.34' 16 TO 17 568.18'33"E 329.77' 8 TO 9 LC = S27-57'55"W LC = 218.93' 17 TO 18 S84.01'27"E 74.99' = 1020.00' L = 219.35' 18 TO 19 N16.56'22"E 150.33' 9 TO 2 3.58'32% 141.13' 19 TO 20 573.03'38"E 50.00' 20 TO 21 576°56'22"W 140.64' 21 TO 18 N84.01'27"W 50.93' 1 1'Mr a.urr wt mu L.s—,b, axeurent we PmWEd by m w ud.. LEGEND 447.75' M = MEASURED 491.40 R = RECORD so - l i. FARE vat. • = F0 IRON PIN � 1 esus at. 't D..ne.,31.m Iv P,I I,OW.,--1 by mu 1. , 0 150 300 450 600 5EES1 AND z OF z viAEC�'�-��LLrr /�� SCALE IN FEET y/q�26-2015 EXHIBIT B PAGE 1 OF 8 SHEET I OF 2 PREPARED BYl MICHAEL R.EAGLE. BECOM, 501 SYCAMORE STREET. SUITE 222. WATERLOO.IOWA,50703. 319-232-6531 ACQUISITION PLAT EXHIBIT B SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: SHARON L. BRADLEY,TRUSTEE OF THE SHARON L. BRADLEY TRUST COUNTY PARCEL NO.1032300003 AND 1505200008 PROJECT PARCEL NO. 124 PERMANENT UTILITY EASEMENTS DESCRIPTION: PERMANENT UTILITY EASEMENT "A" PROJECT PARCEL NO. 124 COUNTY PARCEL NO. 1032300003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF GREEN VALLEY FARMS SUBDIVISION. A SUBDIVISION LOCATED IN PARTS OF SECTIONS 32 AND 33. TOWNSHIP 89 NORTH. RANGE 2 EAST OF THE 5TH P.M.. DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 32; THENCE SOUTH 86• (DEGREES) 42' (MINUTES) 13" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, ALSO BEING THE SOUTH LINE OF SAID LOT 1 . A DISTANCE OF 181.90 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF NORTH ENGLISH MILL ROAD. BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE CONTINUING SOUTH 86.42'13" WEST ON SAID SOUTH LINE. 56.25 FEET. THENCE NORTH 23.58'32" EAST, 165.97 FEET$ THENCE NORTHEASTERLY ON A 1070.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 233.54-FOOT LONG CHORD BEARING NORTH 28.07'16" EAST, 234.01 FEET (ARC LENGTH): THENCE NORTH 45'06'06" EAST, 53.15 FEET: THENCE SOUTH 52°47'36" EAST. 50.48 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF NORTH ENGLISH MILL RGADt THENCE SOUTH 45. 06'06" WEST ON SAID FUTURE RIGHT-OF-WAY LINE. 55.34 FEET: THENCE SOUTHWESTERLY ON SAID FUTURE RIGHT-OF-WAY LINE, BEING A 1020.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 218.93-FOOT LONG CHORD BEARING SOUTH 27°57'55" WEST. 219.35 FEET (ARC LENGTH); THENCE SOUTH 23.58'32" WEST ON SAID FUTURE RIGHT-OF-WAY LINE. 141.13 FEET TO THE POINT OF BEGINNING. CONTAINING 21.724 SQUARE FEET OR 0.50 ACRE. DESCRIPTION: PERMANENT UTILITY EASEMENT "B" PROJECT PARCEL NO. 124 COUNTY PARCEL NO. 1505200008 A PARCEL OF LAND SITUATED IN THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5. TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE STH P.M.. COUNTY OF DUBUQUE, STATE OF IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 5: THENCE NORTH 86• (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5. A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 89 NORTH. RANGE 2 EAST OF THE 5TH P.M.. COUNTY OF DUBUQUE. STATE OF IOWA: THENCE NORTH 88°37'34" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5. A DISTANCE OF T2.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD; THENCE SOUTH 27.00'06" WEST ON SAID CENTERLINE. 182.74 FEET TO THE FUTURE RIGHT-0F-WAY LINE OF THE SOUTHWEST ARTERIAL$ THENCE SOUTH 25°25'39" EAST ON SAID FUTURE RIGHT- OF-WAY LINE, 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF ENGLISH MILL ROAD; THENCE SOUTH 20.12'39" EAST ON SAID FUTURE RIGHT- OF-WAY LINE. 13.55 FEET: THENCE SOUTH 51.10'13" EAST ON SAID FUTURE RIGHT- DF-WAY LINE, 153.94 FEET; THENCE SOUTH 65.00'22" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 147.90 FEET$ THENCE SOUTH 69.19'10" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 360.26 FEET TO THE WEST LINE OF THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 68.18'33" EAST ON SAID FUTURE RIGHT-OF-WAV LINE. 329.77 FEET; THENCE SOUTH 84.01'27" EAST ON SAID FUTURE RIGHT-CF-WAY LINE. 74.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE NORTH 16.56'22" EAST, 150.33 FEET; THENCE SOUTH 73.03'38" EAST, 50.00 FEET; THENCE SOUTH 16.56'22" WEST, 140.64 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL$ THENCE NORTH 84.01'27" WEST ON SAID FUTURE RIGHT- OF-WAY LINE. 50.93 FEET TO THE POINT OF BEGINNING. CONTAINING 7.274 SQUARE FEET OR 0.17 ACRE. AMMdASEI®2-26-2015 EXHIBIT B PAGE 2 OF 8 SHEET 2 OF 2 PREPARED BY:MICHAEL R.FACILE. PEC OH. 501 SYCAMORE STREET. SOI TE 222. WATERLOO.IOWA.50703. 019-2326531 ACQUISITION PUT EXHIBIT B SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: SHARON L.BRADLEY,TRUSTEE OF THE SHARON L BRADLEY TRUST COUNTY PARCEL NO.1032300003 AND 1505200008 PROJECT PARCEL NO.124 TEMPORARY UTILITY EASEMENTS S LINE SNI/4 SEC GREEN WALLY FARMS W LINE SEI/4 3250972E SUBDIVISION © SEC 32-89-2E S LINE LOT 1 LOT 1 Q 7 FUTURE RIGHT-OF-NAY PROPOSED 2V WIDE 8 TEMPORARY UTILITY 51/4 CDR SEC 32-89-2E EASEMENT 'A' FD SCM O PROPOSED SO-WIDE NE COR SEC 5-88-2E PERMANENT UTILITY 9 FD I.P. N/CRP EASEMENT 'A' NO. WEBER 1 004 O 0 H COR SEC --- R 5-88-2E FD SCY / LBB-37'34"E 1914.85' NI N"42'13-E- /(f N1/2 HE FRL1/4 NE1/4 740.25' U 14 UTILITY SEC 5-88-2E 15 PROPOSED SO-WIDE PERMANENT T _ NW1/ONEI/4 TEASEMEN6 •B'' IT19 0 u SEC 5-88-2E LOT 3 18 21 NWI NEt/4 I IT SEC 5 SEC -BB-2E FUTURE RIGHT-CF-WAY PROPOSER 2UTILITY TEMPORARY UTILITY EASEMENT •B' TEMPORARY UTILITY EASEMENT 'A" TEMPORARY UTILITY EASEMENT "B" BEARINGS AND DISTANCES BEARINGS AND DISTANCES POINTS BEARING DISTANCE POINTS BEARING DISTANCE 1 TO 2 S86-42'13'W 238.15' 1 TO 10 N88°37'34"E 72.94 2 TO 3 S86°42'13"W 28.13' 10 TO 11 S27.00'06"W 182.74 3 TO 4 N23°58'32'E 178.40' 11 TO 12 S25°25'39"E 41.64' 4 TO 5 LC = N28'11'42"E LC = 240.88' 12 TO 13 S20°12'39"E 13.55' R = 1095.00' L = 241.37' 13 TO 14 551.10'13"E 153.94' 5 TO 6 N45"06'06"E 52.01' 14 TO 15 S65°00'22"E 147.90' 6 TO 7 S52"47'36"E 25.24' 15 TO 16 S69°19' 10"E 360.26' 7 TO 8 S45°06'06"W 53.15' 16 TO 17 S68°18'33"E 329.77' 8 TO 9 LC = S28.07'16"W LC = 233.54' 17 TO 18 584°01'27"E 49.52' R = 1070.00' = 234.01' 18 TO 19 N16°56'22"E 155.17' 9 TO 2 3°58'32"W 165.97' 1 1 19 TO 20 1 S73°03'38'E 100.00' 20 TO 21 S16°56'22"W 135.80' 21 TO 18 N84 1141-w 101.86' 1 1.101 1.11ly d 11,1.e mi,L..— ��n...,oryP..Ml by_°.�., N .1 d"'lL 47.75'M = MELEGEND 4ASURED _!" >•+,.�,,.a I�N�N 447.40' R = RECORD xluuu a. Fn4LE • = Fp IRON PIN 11-y" W505 ¢ 1P. Y1 .,1 e,L, 1,(by.,31.2010 1,. v. ,w�,M1 :e by m 0 150 300 450 600 INAIIS 1 Aw a.,.I SCALE IN FEET /L=com Version Date: 02-26-2015 REVISED: 7-19—I1 SHEET 1 OF 2 EXHIBIT PAGE PREPARED BYo MICHAEL R.EAGLE, FIECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO,IOWA,50703, 319-232-6531 ACQUISITION PLAT EXHIBIT B SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: SHARON L. BRADLEY,TRUSTEE OF THE SHARON L. BRADLEY TRUST COUNTY PARCEL NO.1032300003 AND 1505200008 PROJECT PARCEL NO.124 TEMPORARY UTILITY EASEMENTS DESCRIPTION: TEMPORARY UTILITY EASEMENT "A" PROJECT PARCEL NO. 124 COUNTY PARCEL NO. 1032300003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF GREEN VALLEY FARMS SUBDIVISION. A SUBDIVISION LOCATED IN PARTS OF SECTIONS 32 AND 33, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M. , DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 32; THENCE SOUTH 86° (DEGREES) 42' (MINUTES) 13" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, ALSO BEING THE SOUTH LINE OF SAID LOT 1 . A DISTANCE OF 238.15 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 86°42'13" WEST ON SAID SOUTH LINE, 28.13 FEET, THENCE NORTH 23°58'32" EAST, 178.40 FEET; THENCE NORTHEASTERLY ON A 1095.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 240.88- FOOT LONG CHORD BEARING NORTH 28°11 '42" EAST, 241 .37 FEET (ARC LENGTH); THENCE NORTH 45'06'06" EAST, 52.01 FEET; THENCE SOUTH 52°47'36" EAST, 25.24 FEET; THENCE SOUTH 45 06'06" WEST 53.15 FEET: THENCE SOUTHWESTERLY ON A 1070.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 233.54-FOOT LONG CHORD BEARING SOUTH 28°07'16" WEST, 234.01 FEET (ARC LENGTH): THENCE SOUTH 23°58'32" WEST ON SAID FUTURE RIGHT-OF-WAY LINE, 165.97 FEET TO THE POINT OF BEGINNING. CONTAINING 11 ,561 SQUARE FEET OR 0.27 ACRE. DESCRIPTION: TEMPORARY UTILITY EASEMENT "B" PROJECT PARCEL NO. 124 COUNTY PARCEL NO. 1505200008 A PARCEL OF LAND SITUATED IN THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M. , COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 5: THENCE NORTH 86° (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M. , COUNTY OF DUBUQUE, STATE OF IOWA; THENCE NORTH 88°37'34" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD: THENCE SOUTH 27°00'06" WEST ON SAID CENTERLINE, 182.74 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL: THENCE SOUTH 25'25'39" EAST ON SAID FUTURE RIGHT- OF-WAY LINE, 41 .64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF ENGLISH MILL ROAD: THENCE SOUTH 20°12'39" EAST ON SAID FUTURE RIGHT- OF-WAY LINE, 13.55 FEET; THENCE SOUTH 51 10'13" EAST ON SAID FUTURE RIGHT- OF-WAY LINE, 153.94 FEET; THENCE SOUTH 65°00'22" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 147.90 FEET; THENCE SOUTH 69°19'10" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 360.26 FEET: THENCE SOUTH 68°18'33" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 329.77 FEET; THENCE SOUTH 84 01 '27" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 49.52 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 1656'22" EAST, 155.17 FEET: THENCE SOUTH 73°03'38" EAST. 1DO.00 FEET; THENCE SOUTH 16°56'22" WEST, 135.80 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL; THENCE NORTH 84'01 '27" WEST ON SAID FUTURE RIGHT-OF-WAY LINE, 101 .86 FEET TO THE POINT OF BEGINNING. CONTAINING 14,549 SQUARE FEET OR 0.33 ACRE OF WHICH 7,274 SQUARE FEET OR 0.17 ACRE IS PERMANENT UTILITY EASEMENT "B". `VeioonDate 02-26-2015 EXHIBIT B PAGE 4 OF 8 REVISED: 7-19-11 SHEET 2 OF 2 PREPARED BY:MICHAEL R.FRGLE. AECOM. 501 SYCBMORL e22. WATERLOO.IOWA,50703. 319-231 ACQUISITION PLAT EXHIBIT B SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ROBERT W.BRADLEY,TRUSTEE OF THE ROBERT W.BRADLEY TRUST COUNTY PARCEL NO.1505200001 PROJECT PARCEL NO.130 GREEN VALLY FARM PERMANENT UTILITY EASEMENTS SUBDIVISION St/4 COR LOT 1 SEC 32-09-2E NE COR SEC 5-88-2E FO SCM FD I.P. X/CAP NO. WEBER 15084 Q U i �.. = An NI/4 COR SEC 14 m 5-88-2E FO SCM /(y/-y I X88.37'34"E 1914.85' r X86°42.1]4) -__ `J O FUTURE s u 740.25' / 16 I© RIGNT-O<-NAT an O2 FUTURE 18 :M�LOT 3 O RI GXT-Oi-NAT 301.50' NM FRL 1/4 NEi/1 w, SEC 5-88-2E 19 J J]92.63'' O d WZ PROPOSED 50' NIDE N1/2 NO1.48']7"N PERMANENT UTILITY NE FRL1/4 3426.69- n O EASEMENT 'B" NEI/4 29 ©5 SEC 5-88-2E u u 10 s LOT 3 JN9 FRL 1/4 NEIN SEC 5-B8-2E Q O ®O • EI/4 COR RIGHT-OF-WAY SEC 5-88-2E PROPOSED 50' NIDE 2t FD SON PERMANENT UTILITY N87.21'06"E EASEMENT 'A' 2656.1 CTR SEC 5-88-2E FD 5/8 'REBAR PERMANENT UTILITY EASEMENT "A" PERMANENT UTILITY EASEMENT "B" BEARINGS AND DISTANCES BEARINGS AND DISTANCES POINTS BEARING DISTANCE POINTS BEARING DISTANCE 1 TO 2 501.48'37'E 329.95' 12 TO 13 X88.37.34 E 72.94 2 TO J 555.28'56"E 119.15' 13 TO t4 527.00'06'N 182.74' 3 TO • 558.14'e0'E 128.42' 14 TO t5 525.25'39 E 41.64' NTO 558'14'40'E 231.10' 15 TO 16 520'12'39"E 13.55' S42'1B'1I'E 91.91' 16 TO 1T 551.10'13'E 15].94 S0J•43'4T'V 100.57' 17 TO 18 565.00'22"E 147.90 X80.09'17"'8 50.29' 18 TO 19 569.1V 10'E 360.26' X03'43'47"E 73.9T' 19 TO 20 $01.49'21'E 362.T2'N ;r 18'11"X 63.66' 20 TO 21 501.49'61"E 52.86 NSB•14'90"3 21T.2021 TO 22 X72.52'58 Y 319.02'N23'59'35"E 50.46' 22 TO 23 N62.40.55"N 233.46' 23 TO 24 H20.54'08'E 33.66' 24 TO 25 N07-20-08-IO 33.12' 25 TO 26 562.40'55-L 204.08' 26 TO 20 572.52'58 E 297.90 I MrNr aert H, Nla TA.'v 'ag asurent uaa F,."..y mear..' M alre[t dal—I RP,_dl-1 °4M° Nat 1 am a ally L I[nup a Lana srvet LEGEND man a' the ..of .SCR..' 1-1 447.75'M = MEASURED `° YA4,L..A 2.�.�.�a t-t5-11 597.40'R = RECORD .11Hxla4El9 8nla • = FD IRON PIN LIl.Al mane. 4505 p�.••._� p xr m.n..remval a.. b MacanNw]L zo to Pao<.a..neerse or'n., •nal: 0 150 300 450 600 SNFrs .vlo L; — SCALE IN FEET ALCM REVISED: 7-19-11 SHEET 1 OF 2 Version Date: 02-26-2015 EXHIBIT B PAGE 5 OF 8 PREPARED BY:MICHAEL R.EAGLE, RECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO,IOWA,50703, 319-232-6531 ACQUISITION PLAT EXHIBIT B SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ROBERT W. BRADLEY,TRUSTEE OF THE ROBERT W. BRADLEY TRUST COUNTY PARCEL NO.1505200001 PROJECT PARCEL NO.130 PERMANENT UTILITY EASEMENTS DESCRIPTION: PERMANENT EASEMENT 'A" PROJECT PARCEL NO. 130 COUNTY PARCEL NO.1505200001 A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION S. TOWNSHIP 88 NORTH. RANGE 2 EAST OF THE 5TH P.M.. COUNTY OF DUBUQUE. STATE OF IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5: THENCE SOUTH O1' (DEGREES) 48' (MINUTES) 37' (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF SAID LOT 3. ALSO BEING THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5. A DISTANCE OF 329.95 FEET TO THE FUTURE RIGHT-OF-LINE OF THE SOUTHWEST ARTERIALI THENCE SOUTH 55°28'56" EAST ON SAID FUTURE RIGHT-OF-WAY LINE. 119.15 FEET: THENCE SOUTH 58.14'40" EAST ON SAID FUTURE RIGHT-OF-MAY LINE. 128.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCR18EDI THENCE CONTINUING SOUTH 58.14'40" EAST ON SAID FUTURE RIGHT-OF-WAY LINE. 231.10 FEET: THENCE SOUTH 42.18'11' EAST ON SAID FUTURE RIGHT-OF-NAY LINE. 91.91 FEETI THENCE SOUTH 03'43'47" WEST ON SAID FUTURE RIGHT-OF-WAY LINE. 100.57 FEETI THENCE NORTH 80'09'17" WEST. 50.29 FEETI THENCE NORTH 03'43'47" EAST. 73.97 FEETI THENCE NORTH 42°18'11" WEST. 63.66 FEETI THENCE NORTH 58'14'40' WEST. 217.28 FEETI THENCE NORTH 23.59'35' EAST. 50.46 FEET TO THE POINT OF BEGINNING. CONTAINING 19.464 SQUARE FEET OR 0.45 ACRE. DESCRIPTION: PERMANENT EASEMENT 'B' PROJECT PARCEL NO. 130 COUNTY PARCEL NO. 1505200001 A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5. TOWNSHIP 88 NORTH. RANGE 2 EAST OF THE 5TH P.M.. COUNTY OF DUBUQUE. STATE OF IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 51 THENCE NORTH 86' (DEGREES) 42' (MINUTES) 13' (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5. A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32. TOWNSHIP 89 NORTH. RANGE 2 EAST OF THE 5TH P.M.. COUNTY OF DUBUQUE. STATE OF IOWAI THENCE NORTH 88'37'34' EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5. A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD1 THENCE SOUTH 27.00'06" WEST ON SAID PRESENT CENTERLINE. 182.74 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL: THENCE SOUTH 25.25'39' EAST ON SAID FUTURE RIGHT-OF-WAY LINE. 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAV LINE OF ENGLISH MILL ROAD: THENCE SOUTH 20.12'39" EAST ON SAID FUTURE RIGHT-OF-MAY LINE. 13.55 FEET1 THENCE SOUTH 51.10'13' EAST ON SAID FUTURE RIGHT-OF-WAY LINE. 153.94 FEET. THENCE SOUTH 65.00'22' EAST ON SAID FUTURE RIGHT-OF-MAY LINE. 147.90 FEETI THENCE SOUTH 69.19'10' EAST ON SAID FUTURE RIGHT-OF- WAY LINE. 360.26 FEET TO THE EAST LINE OF SAID LOT 3. ALSO BEING THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 51 THENCE SOUTH 01.49'21' EAST ON SAID EAST LINE. 362.72 FEET TO THE FUTURE RIGHT-OF-NAY LINE OF THE SOUTHWEST ARTERIAL. BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBEDI THENCE CONTINUING SOUTH 01.49'21" EAST ON SAID EAST LINE. 52.86 FEET: THENCE NORTH 72.52'58' WEST. 319.02 FEET1 THENCE NORTH 62.40'55" WEST. 233.46 FEET1 THENCE NORTH 20'54108' EAST. 33.16 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIAL: THENCE NORTH 87.20'08' EAST ON SAID FUTURE RIGHT-OF-MAY LINE. 33.12 FEET1 THENCE SOUTH 62.40'55' EAST ON SAID FUTURE RIGHT-OF-WAY LINE. 204.08 FEET. THENCE SOUTH 72.52'58' EAST ON SAID FUTURE RIGHT-OF-WAY LINE. 297.40 FEET TO THE POINT OF BEGINNING. CONTAINING 26.860 SQUARE FEET OR 0.62 ACRE. /'1.% REVISED: 7-19-11 SHEET 2 OF 2 Version Date: 02-26-2015 EXHIBIT B PAGE 6 OF 8 PREPARED BY%MICHAEL R.FACILE, PECBM, 501 SYCAMORE STREET, SUITE 222, WATERLOO.IOWA.50703. 319-232-6531 ACQUISITION PLAT EXHIBIT B SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ROBERT W.BRADLEY,TRUSTEE OF THE ROBERT W. BRADLEY TRUST COUNTY PARCEL NO.1505200001 PROJECT PARCEL NO.130 GREEN vnur FARM TEMPORARY UTILITY EASEMENTS SUBDIVISION St/4 COR LOT 1 SEC 32-89-2E RE COR SEC 5-80-2E Fp SON FD I.P. M/CAP NO. WEBER 15004 1 1 NIA COR SEC 5-88-2E FO SON //[J i5 N88.3T'N"E 1914.85N86 ' J FUTURE, / FUTURE T.OW R13T [/ 16 7107.5' RICHT-OG-Y 11 RIGXT-OF-WAY Q PROPOSED 25'WIDE t _ TEMPORARY UTILITY LOT 3 O3 EASEMENT "A" NY FAL1/4 NEI/4 w NU1.501061W O SEC 5-88-2E 19 3392.63' PROPOSED 50' WIDE © PERMINENT UTILITY Ni/2 NO1.48'3TW WE FRL1/4 EASEMENT "B' 3126.69' 13 ,� NEI/4 7 i SEC 5-88-2E 12 8 s LOT 3 @ 9 p FUTURE© IN FRL 1/4 NEI/4 RIGHT-OF-WAY © E1/4 COR s SEC 5-88-2E SEC 5-88-2E PROPOSER 25' WIDE FD SCM PROPOSED 50' WIDE TEMPORARY UTILITY 817.211% E 21 PERMANENT UTILITY EASEMENT "8" EASEMENT "A' 2656.68' CTP SEC 5-88-2E - FD 5/8 •REBM TEMPORATY UTILITY EASEMENT "A" TEMPORARY UTILITY EASEMENT "B" BEARINGS AND DISTANCES BEARINGS AND DISTANCES POINTS BEARING DISTANCE POINTS BEARING DISTANCE 1 TO 2 501°40'37"E 329.95' 12 TO 13 N88°37'34"E 72.94 2 TO 3 S55°28'56"E 119.15' 13 TO 14 527.00'06'W 182.74' 3 TO 4 S58°14'40"E 103.19' 14 TO 15 525.25'39'E 41.64' 4 TO 5 558°14'40"E 25.23' 15 TO 16 520°12'39"E 13.55 5 TO 6 523°59'35"W 50.46' 16 TO 17 551°10'13"E 153.94 6 TO 7 558.14'40'E 217.20' 17 TO 18 565.00'22"E 147.90' 7 TO 8 542°18'11"E 63.66' 1B TO 19 S69.19'10"E 360.26' 8 TO 9 S03.43'47"W 73.97' 19 TO 20 501°49'21"E 415.58' 9 TO 10 N00°09'17"W 25.14' 20 TO 21 501°49'21'E 26.43' 10 TO 11 NO3°43'47" 60.60 21 TO 22 N72-521581w 329.63' 11 TO 12 N92.1811W 19.54 2Z TO 23 N62°40'55"W 232.88 12 TO 13 R58°14'10"W 235.61' 23 TO 24 N20 25.16' 25.16' 1J TO 4 N23°5935E 75.69 24 TO 25 562°40'55"E 233.46 25 TO 20 512.52'58"E 319.02' 1 I¢rtpr a.ury tnn tnu L.ne svr.ymy tlxurvnt•ae praAarN by ea In WIN, ,ry Eire[t persmal winion.rd Nh tNt 1 In a d1.1,111".MIS.Land Swrapr LEGEND ;-'>t w' i�ar, tm nut 1a1Nni 447.75'M = MEASURED 1M. a o 1-14 U 447.40'R = RECORD x1aMEL R. FwLE Dam • = FD IRON PIN / L I—I I., b"5 ioFN Nr I1 Ym •m.ral earn 11 Dacnbr 31.2012 ew.....b..' 7111 by m 0 150 300 450 600 E. xxA E N P w SCALE IN FEET / 0mcm REVISED: 7-19-II SHEET 1 OF 2 Version Date: 02-26-2015 EXHIBIT B PAGE 7 OF 8 PREPARED BY:MICHAEL R.EAGLE, RECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO,IOWA,50703, 319-232-6531 ACQUISITION PLAT EXHIBIT B SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ROBERT W. BRADLEY,TRUSTEE OF THE ROBERT W. BRADLEY TRUST COUNTY PARCEL NO.1505200001 PROJECT PARCEL NO.130 TEMPORARY UTILITY EASEMENTS DESCRIPTION: TEMPORARY EASEMENT 'A' PROJECT PARCEL NO. 130 COUNTY PARCEL NO. 1505200001 A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION S. TOWNSHIP 88 NORTH. RANGE 2 EAST OF THE 5TH P.M.. COUNTY OF DUBUQUE. STATE OF IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5$ THENCE SOUTH O1' (DEGREES) 48' (MINUTES) 37' (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF SAID LOT 3. ALSO BEING THE NEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5. A DISTANCE OF 329.95 FEET TO THE FUTURE RIGHT-OF-LINE OF THE SOUTHWEST ARTERIAL$ THENCE SOUTH 55'28'56' EAST ON SAID FUTURE RIGHT-OF-WAY LINE. 119.15 FEET: THENCE SOUTH 58'14'40" EAST ON SAID FUTURE RIGHT-OF-WAY LINE. 103.19 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED$ THENCE CONTINUING SOUTH 58'14'40" EAST ON SAID FUTURE RIGHT-OF-MAY LINE. 25.23 FEET$ THENCE SOUTH 23'59'35' WEST. 50.46 FEET$ THENCE SOUTH 58'14'40" EAST. 217.28 FEET$ THENCE SOUTH 42'18'11" EAST. 63.66 FEET$ THENCE SOUTH 03'43'47" WEST. 73.97 FEET$ THENCE NORTH 80'09'17" WEST. 25.14 FEET$ THENCE NORTH 03'43'47" WEST. 60.68 FEET$ THENCE NORTH 42'18'11' WEST. 49.54 FEET$ THENCE NORTH 58'14'40" WEST. 235.61 FEET$ THENCE NORTH 23'59'35' EAST. 75.69 FEET TO THE POINT OF BEGINNING. CONTAINING 10.334 SOUARE FEET OR 0.24 ACRE. DESCRIPTION: TEMPORARY EASEMENT "B' PROJECT PARCEL NO. 130 COUNTY PARCEL NO. 1505200001 A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5. TOWNSHIP 88 NORTH. RANGE 2 EAST OF THE 5TH P.M.. COUNTY OF DUBUQUE. STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5: THENCE NORTH 86' (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5. A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32. TOWNSHIP 89 NORTH. RANGE 2 EAST OF THE 5TH P.M.. COUNTY OF OUBUOUE. STATE OF IOWA$ THENCE NORTH 88'37'34' EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD: THENCE SOUTH 27'00'06" WEST ON SAID PRESENT CENTERLINE, 182.74 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF THE SOUTHWEST ARTERIALS THENCE SOUTH 25'25'39' EAST ON SAID FUTURE RIGHT-OF-MAY LINE. 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-MAY LINE OF ENGLISH MILL ROAD$ THENCE SOUTH 20'12'39' EAST ON SAID FUTURE RIGHT-OF-MAY LINE. 13.55 FEET$ THENCE SOUTH 51'10'13" EAST ON SAID FUTURE RIGHT-OF-WAY LINE. 153.94 FEET$ THENCE SOUTH 65'00'22' EAST ON SAID FUTURE RIGHT-OF-MAY LINE. 147.90 FEET$ THENCE SOUTH 69'19'10" EAST ON SAID FUTURE RIGHT-OF- WAY LINE. 360.26 FEET TO THE EAST LINE OF SAID LOT 3. ALSO BEING THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5$ THENCE SOUTH 01'49'21" EAST ON SAID EAST LINE. 415.58 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED$ THENCE CONTINUING SOUTH 01'49'21" EAST ON SAID EAST LINE. 26.43 FEET$ THENCE NORTH 72'52'58' WEST. 329.83 FEET: THENCE NORTH 62'40'55' WEST, 232.88 FEET$ THENCE NORTH 20'54'08' EAST. 25.16 FEET$ THENCE SOUTH 62'40'55' EAST. 233.46 FEET$ THENCE SOUTH 72052'58" EAST. 319.02 FEET TO THE POINT OF BEGINNING. CONTAINING 13.941 SOUARE FEET OR 0.32 ACRE. /'1.- "OM REVISED: 7-19-11 SHEET 2 OF 2 Version Date: 02-26-2015 EXHIBIT B PAGE 8 OF 8 EXHIBIT C Return to: Robert D. Schiesl,Assistant City Engineer, City of Dubuque,City Hall,50 W 13"Street, Dubuque, Iowa 52001 CITY OF DUBUQUE PARTIAL DISCLAIMER OF INTEREST IN REALTY County Dubuque Project No. HDP-2100(678)--71-31 Agreement No. U-BHE1-2015-678--71-31 Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy, a corporation with principle office located at 625 Ninth Street, Rapid City, South Dakota, 57701, has certain interests and rights to an easement granted to Northern Natural Gas Company on April 29, 1954, and recorded August 27, 1954, in Book L46, Page 31, in the office of the Dubuque County Recorder and shown on Exhibit "C', page 2 of 2, and also an easement granted to Northern Natural Gas Company on November 27, 1968, and recorded December 30, 1968, in Book 62, Page 394, in the office of the Dubuque County Recorder and shown on Exhibit "C', page 2 of 2, attached does hereby relinquish all rights granted to said corporation to the portions of existing easements to be vacated as shown on attached Exhibit"C', page 2 of 2. Executed by the Company this day of 2015. BLACK HILLS/IOWA GAS UTILITY COMPANY, LLC d/b/a BLACK HILLS ENERGY By (Signature) (Print Name) (Print Title) State of County of ss On this day of 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared and to me personally known, who, being duly sworn, did say that they are the and , respectively, of said corporation; that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation, that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors, and that they, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. (SEAL) (Sign in Ink) (Type/Print Name) Notary Public for said State Page 1 of 2 Version Date: 02-26-2015 PLAT SHOWING PORTION OF EXISTING BLACK HILLS ENERGY EXHIBIT C LOT1 (FORMERLY NORTHERN NATURAL GAS COMPANY) EASEMENTS TO BE VACATED SEC. 32-89-2E SOUTHWEST ARTERIAL GREEN VADIVLLY F RMS E LINE SW 1/, C I TY OF DUBUQUE DUBUQUE COUNTY IOWA SEC 32-89-2E 7 > LOT 1 BEGINNING OF THE PORTION EXISTING EASEMENT OF EASEMENTS TO BE VACATED 501.31'19'E 325.04' 724.89' GRANTORS: CLIFFORD E. BRADLEY d ISABELLE F. BRADLEY. HIS WIFE GRANTEE: NORTHERN NATURAL GAS COMPANY E 1/2 SW 1/4 S 1/4 COR SEC 32-89-2E DESCRIPTION: THE N. 31.19 ACRES OF THE NE 1/4 OF THE NE 1/4 AND LOT 3 FD SCM SEC. 32-89-2E NE COR SEC 5-88-2E OF NW 1/4 OF THE NE 1/4 5-88-2E. DUBUQUE COUNTY, IOWA N86.42'13'E 740.25' FD I.P. W/CAP EASEMENT DATE: 4-29-54 ND. WEBER 15084 RECORDED: 8-27-54 BOOK L46. PAGE 31 .- ------------------------- ---------- E%[STING EASEMENT o;w 5-85-2E FD SW\ � wn �SEC m SBB•37'34'W 7754.b1' GRANTORS: ROBERT S. BROWN AND VIRGINIA BROWN, HUSBAND AND WIFE GRANTEE: NORTHERN NATURAL GAS COMPANY S22.38'02'W 541.23'--- � S " DESCRIPTION: E 1/2 OF THE SW 1/4 AND THE NW 1/4 OF THE SE 1/4 �i AND LOT 1 OF THE SW 1/4 OF THE SE 1/4, ALL IN 32-89-2E. � PORTION 'B' . S01.22'26"E 583.84' DUBUQUE COUNTY, IOWA ILOT 3 EASEMENT DATE: 11-27-1968 NW FRL 1/4 NE1/4 w i RECORDED: 12-30-1968 BOOK 62, PAGE 394 SEC 5-88-2E BEGINNING OF THE PORTION i S78.58'18'W��,_______ _ OF EASEMENT TO BE VACATED S10.32'52'W 289.93' 675.46' - PORTION 'A' TO BE VACATED DESCRIPTION FOR VACATING A PORTION OF AN EXISTING EASEMENT SITUATED IN END OF THE PORTION PART OF LOT 3 OF THE SUBDIVISION OF THE NORTHWEST FRACTIONAL 1/4 OF THE OF EASEMENTSNORTHEAST 1/4 AND PART OF THE NORTH 31.19 ACRES OF THE NORTHEAST FRACTIONAL TO BE VACATED PORTION 'A' 1/4 OF THE NORTHEAST 1/4 ALL IN SECTION 5. TOWNSHIP 88 NORTH, RANGE 2 EAST N 31.19 ACRES OF THE 5TH P.M.. COUNTY OF DUBUQUE. STATE OF IOWA. DESCRIBED AS FOLLOWS. WE FOL. 1/4 OF THE NEI/4 LOT 3 SEC 5-88-2E NW FRL 1/4 WE 1/4 END OF THE PORTION COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 5: THENCE SOUTH SEC 5-88-2E OF EASEMENT \ 88.37'34" WEST ON THE NORTH LINE OF SAID SECTION 5 (ASSUMED BEARING FOR TO BE VACATED \ THE PURPOSE OF THIS DESCRIPTION), 1154.61 FEETI THENCE SOUTH 01.22'26" EAST, 583.84 FEET TO THE BEGINNING OF THE PORTION OF EXISTING EASEMENT TO BE VACATED[ THENCE SOUTH 78.58'18" WEST, 675.46 FEET TO THE END OF THE PORTION OF EXISTING EASEMENT TO BE VACATED. CTR SEC 5-BB-2E E 1/4 COR SEC 5-88-2E PORTION 'B' TO BE VACATED FO 5/8'REBAR FO SCM N DESCRIPTION FOR VACATING A PORTION OF EXISTING EASEMENTS SITUATED IN PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 AND LOT 1 IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 32, TOWNSHIP 89 NORTH. RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA AND LOT 3 OF THE SUBDIVISION OF THE NORTHWEST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5. TOWNSHIP 88 NORTH. RANGE 2 EAST OF THE 5TH P.M.. COUNTY OF DUBUQUE. STATE OF IOWA, DESCRIBED AS FOLLOWS. THE POINT OF BEGINNING OF THE PORTION OF EXISTING EASEMENT TO BE VACATED IS ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32 AND 324.89 FEET NORTHERLY OF THE SOUTH 1/4 CORNER OF SAID SECTION 32: THENCE SOUTH 01.31'14" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32 AND ITS SOUTHERLY PROLONGATION. 325.04 FEETI THENCE SOUTH 22.38'02" WEST, 541.23 FEET: THENCE SOUTH 10.32'52" WEST, 289.93 FEET TO THE END OF THE PORTION OF EXISTING EASEMENT TO BE VACATED. 0 200 400 SCALE PAGE 2 OF 2 Version Date: 02-26-2015 Black Hills Energy Corporation Estimate of Probable Cost Southwest Arterial Project Construction Project No. HDP-2100(678)--71-31 EXHIBIT D Relocation of 16"and 8"Natural Gas Main Operating at 250 p.s.i.g. Item Material Cost No. Material Description Size Quantity Unit Cost Amount (Purchased 8 Provided by Black Hills Energy) 1 034-9199 Pipe nipple Sch 80 ASRM A-106 Seamless TBE 2"x 6" 2 $2.16 $4.32 2 034-8703 RF WN Flange ANSI Class 300 ASTM A-105 Bore to 3" 1 $23.50 $23.50 Match 0.216"Wall Pipe 3 034-8606 Std Wt 90 Degree LR Weld Ell,ASTM A-234 WPB 8"x 0.322" 2 $765.45 $1,530.90 Machine one end to match 0.219" 4 034-8833 Std Wt Weld Tee ASTM A-234 WPB 8'x 0.322" 3 1 $162.30 $486.90 5 NIS Std Wt Weld Tee ASTM A-234 WPB 16"x 0.375" 2 $875.25 $1,750.50 6 NIS Std Wt Reducing Weld Tee ASTM A-234 WPB 16"x 0.375"x 12"x 0.375" 1 $916.50 $916.50 7 NIS Nordstrom Steel Plug Valve Figure 2045 wxw end w/locking 3" 1 $2,453.00 $2,453.00 device or equal 8 034-9312 Bull plug,extra heavy ASTM A-106 GR B 2" 2 $29.50 $59.00 9 035-0295 Balon Ball Valve#CS RP LM-05361 SS,3000 PSI WP 1/2" 1 $28.42 $28.42 w/locking device 10 NIS Std Wt Concentric Weld Reducer,ASTM A-234 WPB 8"x 0.322"x 3"x 0.216" 1 $162.10 $162.10 11 035-0306 Balon Ball Valve CS RP LM-10361 SS,3000 PSI WP 1" 4 $53.42 $213.68 w/locking device 12 034-8497 Pipe Plug 3000#FS 1/2" 1 $0.80 $0.80 13 034-8497 Pipe Plug 3000#FS 1" 6 $1.48 $8.88 14 048-3015 PSI Linebacker Gasket ANSI 3000 Type F RF Phenolic 3" 2 $5.85 $11.70 Buna-n-OE Equal 15 NIS Stud Bolts GR 2H Hex nuts ASTM A194 for 18"ANSI 150 FLG 1-1/8"x 6" 16 $3.00 $48.00 16 NIS Stud Bolts GR B7 All Alloy Steel ASTM A-193 w(2)ea hex nuts 7/8"x 4-1/2" 12 $3.50 $42.00 ASTM A194 for 10"ANSI 150 FLG 17 048-1006 Stud Bolts GR B7 All Alloy Steel ASTM A-193 w(2)ea GR 3/4"x 4-1/4" 8 $3.00 $24.00 2H hex nuts ASTM A194 for 3""ANSI 300 FLG 18 NIS Std Wt Concentric Weld Reducer ASTM A-234 WPB 12"x 0.375"x 8"x 0.322" 1 $159.50 $159.50 19 NIS Steel Pipe AP 15L x-52 ERW,with 37.02 Epoxy coating 8"x 0.250" 240 $28.26 $6,782.40 20 033-1478 Steel Pipe Apt 5L x52 ERW with 37.02 epoxy coating 8"x 0.188" 1380 $18.15 $25,047.00 21 034-8654 RF Blind Flange ANSI Class 300 3" 1 $24.85 $24.85 22 NIS Std Wt Weld Cap ASTM A-234 WPB 8"x 0.322" 6 $42.60 $255.60 23 NIS Std Wt Weld Cap ASTM A-234 WPB 16"x 0.375" 11 $170.50 $1,875.50 24 044-0500 Magesium Anode 17#prepackaged w/lead wire 17# 6 $43.70 $262.20 25 NIS Std Wt Concentric Weld Reducer ASTM A-234 WPB 18"x 0.375"x 16'x 0.375" 1 $398.75 $398.75 26 NIS Std Wt Concentric Weld Reducer ASTM-A-234 WPB 10"x 0.365'x 8'x 0.322" 1 $119.15 $119.15 27 034-8941 Threadolet FNPT 3000# 1"on 8" 2 $5.50 $11.00 28 034-8941 Threadolet FNPT 3000# 1"on 10" 1 $5.50 $5.50 29 034-8941 Threadolet FNPT 3000# 1"on 16" 2 $5.50 $11.00 30 034-8941 Threadolet FNPT 3000# 1"on 18" 1 $5.50 $5.50 31 NIS Weldolet 3000# 2"on 8" 1 $14.80 $14.80 32 NIS Weldolet 3000# 2"on 16" 1 $14.80 $14.80 33 NIS Sonoco Sonotube Concrete Column Form @ 4'length 18"x 4' 5 $15.00 $75.00 34 048-6800 Wilson Bohannan Brass Padlocks keyed alike 3 $5.07 $15.21 35 NIS Raychem Shrink Sleeves WPCT 16"x11" 16" 0 $21.29 $0.00 36 NIS Raychem Shrink Sleeves WPCT 8 5/8"x 11" 8" 0 $13.62 $0.00 37 044-0690 3/8"Thick N tuff Rockshield yellow coloer 36"x 30' 6 $117.81 $706.86 Version Date: 02-26-2015 EXHIBIT D-PAGE 1 OF 4 Material Cost Item No. Material Description Size Quantity Unit Cos[ Amount (Purchased 8 Rovidetl by Black Hills Energy) 38 Trenton Temcoat High Temp Petrolatum Wax Coating 1 case=4 3 cases 3 $88.25 $264.75 gallons 39 NIS Powercrete"J"kit 4#size 4# 102 $48.11 $4,907.22 40 NIS Tapecoat Om niprime Primer for H35 Gray Tap 300 sf of 4 $57.00 $228.00 coverage, 1 gal for 2 cases of tape 41 NIS Tapecoat H35 Gray Below grade cold applied coating tape 1 6"W 4 $42.08 $168.32 case=4 rolls 42 NIS Tapecoat H35 Gray Below grade cold applied coating tape 1 4"W 4 $28.05 $112.20 case=4 rolls 43 NIS Rhino Triview Pipeline Marken Test Station Yellow,external test 6-1/2'long 3 $44.53 $133.59 station 2 terminal BHE Decal attached 44 NIS Rhino Composite Pipeline Marker(yellow)BHE decal attached 6-1/2'long 10 $42.15 $421.50 45 NIS RF Blind Flange ANSI Class 150,ASTM A-105 10" 1 $106.70 $106.70 46 NIS RF Blind Flange ANSI Class 150,ASTM A-105 18" 1 $532.45 $532.45 47 NIS Bare Steel Pipe AP15L GR B ERW 3"x 0.216' 5 $10.75 $53.75 48 033-1465 Bare Steel Pipe AP 15L GR B ERW 6"x 0.280" 80 $19.00 $1,520.00 49 033-1592 Bare Steel Pipe AP15L Gr B ERW 8"x 0.322" 40 $31.95 $1,278.00 50 NIS Bare Steel Pipe AP15L GR B ERW 10'x 0.365' 5 $40.15 $200.75 51 NIS Bare Steel Pipe AP15L GR B ERW 18'x 0.375" 5 $68.80 $344.00 52 034-8606 Std Wt 90 degree LR Weld Ell ASTM A-234 WPB 8"x 0.322" 4 $105.70 $422.80 53 034-8710 RF WN Flange ANSI Class 150 bore to match 0.365"wall 10" 1 $96.70 $96.70 pipe 54 NIS RF WN Flange ANSI Class 150 bore to match 0.375 wall pipe 18" 1 $423.50 $423.50 55 NIS PSI Linebacker Gasket,ANSI Class 150 Type F RF 10" 1 $15.95 $15.95 56 NIS PSI Linebacker Gasket ASNI Class 150 Type F RF 18" 1 $40.65 $40.65 NIS ANSI 300 Bottom-Out Mueller Line-Stop fitting w/thin wall 57 bottom-out prep.Complete w/completion Plug, Blind Flange, Bolts 8" 1 $5,284.00 $5,284.00 and Gaskets 58 NIS 300#Bottom-Out"Mueller Style"Sure-Stop Line Stop Fittings, 16" 2 $23,500.00 $47,000.00 Complete with Completion Plugs, Blind Flange, Bolts and Gaskets. 59 NIS Purge/Equalization fitting w/completion plug and cap Part#TL- 2" 3 $172.67 $518.01 0002-Std. 60 NIS Balon Series"I'"Carbon Steel Ball Valve(2000 PSI WP) 2" 2 $391.00 $782.00 screwed ends part#2F-F93-SE 61 NIS Broen Ball Valve Weld Ends ANSI Class 3000(740 CWP)Part 8" 1 $5,284.00 $5,284.00 #8BM740BFPTRSBHGS 62 NIS Pipe Nipple SCh 80 ASTM A-106 GrB Seamless TBE 1/2"x 3" 1 $3.85 $3.85 63 NIS Pipe Nipple Sch 80 ASTM A-106 Gr B Seamless TOE V x 6" 4 $3.32 $13.28 64 NIS Galvanized Link Chain ACCO Passing Link LCS,zinc plated, 5' 5 $1.50 $7.50 Size 2/0 for locking gear operated valves 65 NIS Steel Pipe AP15L X52 ERW w/37.02 Epoxy Coating and 16"x 0.375" 200 $75.27 $15,054.00 additional 40 Mil Thickness of Power Crete Pipe Coating 66 NIS Steel Pipe AP15L X52 ERW w/37.02 Epoxy Coating 16"x 0.375" 1680 $55.91 $93,928.80 67 NIS Bare Steel Pipe AP15L X-52 ERW 16"x 0.375" 40 $53.75 $2,150.00 68 NIS Std Wt 90 Degree 3 Radius Weld Ell,ASTM A-234 WPB 16"x 0.375" 2 $3,136.00 $6,272.00 69 NIS Std Wt 45 Degree 3 Radius Weld Ell ASTM A-234 WPB 16"x 0.375" 2 $2,183.00 $4,366.00 70 NIS Std Wt 90 Degree 3 Radius Weld Ell,ASTM A-234 WPB 8"x 0.322" 4 $825.00 $3,300.00 71 NIS Std Wt 45 Degree 3 Radius Weld Ell,ASTM A-234 WPB 8"x 0.322" 3 $536.40 $1,609.20 72 NIS Steel Pipe AP15L X-52 ERW 8"x 0.250" 60 $73.45 $4,407.00 73 NIS Steel Pipe AP15L X-52 ERW 16"x 0.312" 40 $45.90 $1,836.00 74 Nitrogen Testing 16"and 8"(est 250,000 SCF)quote from Praxair 1 Lump Sum $15,254.75 MATERIAL COST ESTIMATE: $261,890.04 Version Date: 02-26-2015 EXHIBIT D-PAGE 2OF4 Item Labor Cost No. Contract Labor Description quantity Unit Cos[ FAmount 75 Install 190'of 8"x 0.250"AP 15L X52 ERW,with 37.02 Epoxy coating and 1,380'of 8"x 0.188" 1 Lump Sum $74,622.10 AP 15L X52 ERW with 37.02 Epoxy coating pipe 76 Install 1,320'of 16"x 0.375"AP 15L X52 ERW with 37.02 Epoxy coating pipe 1 Lump Sum $119,341.62 77 Directional Boring of 200ft of 16"x 0.374"AP 15L X52 ERW,with 37.02 Epoxy Coating and 1 Lump Sum $99,200.00 additional 40 mil thickness of power crete pipe coating Under English Mill 78 8"Steel,Open Cut 50ft Offset, Extra Depth for SW Arterial Crossing 1 Lump Sum $55,000.00 79 16"Steel,Open Cut 360ft Offset, Extra Depth for SW Arterial Crossing 1 Lump Sum $245,000.00 80 Labor to retire existing 16"and 8"pipe 1 Lump Sum $20,000.00 81 "Furmanite quote to provide supervision and equipment to perform (1)single position 8"bottom 1 Lump Sum $6,450.00 out line stop(2)day fee 82 "Furmanite quote to provide supervision and equipment to perform (1)double position 16" 1 Lump Sum $29,150.00 bottom out line stop(2)day fee 83 X-ray of welds 1 Lump Sum $30,750.00 84 Weld Inspector 1 Lump Sum $35,000.00 85 Remove and dispose of abandoned pipe w/asbestos. Includes project management fees, 1 Lump Sum $6,000.00 time/labor and diposal.Construction contractor responsible for excavating the abandoned pipe 86 Silt fencing for storm water permit 1 Lump Sum $1,955.00 87 Freight Charges 1 Lump Sum $3,000.00 88 Lime(2445 tons) 1 Lump Sum $100,245.00 '-`Furmanite Bid will include cost for delay clause,standby rate. Cost estimate for labor does not include rock removal;should rock be encountered cost to remove shall be considered extra work. CONTRACT LABOR COST ESTIMATE: $825,713.72 Item Overhead Cost No. Black Hills Energy Cost Description quantity Unit Cost Amount 89 Engineering Costs/Overhead 1 Lump Sum $163,031.10 90 Overhead 1 Lump Sum $104,978.51 91 A/G Costs 1 Lump Sum $45,470.07 BLACK HILLS ENERGY OVERHEAD COST ESTIMATE: $313,479.68 TOTAL UTILITY RELOCATION COST ESTIMATE: $1,401,083.44 COST ESTIMATE SUMMARY Material Cost $261,890.04 Contract Labor Cost $825,713.72 Engineering Costs/Overhead $163,031.10 Overhead $104,978.51 A/G Costs $45,470.07 TOTAL UTILITY RELOCATION COST ESTIMATE: $1,401,083.44 Version Date: 02-26-2015 EXHIBIT D-PAGE 3OF4 Black Hills Energy Corporation Estimate of Probable Cost Southwest Arterial Project Construction Project No. HDP-2100(678)--71-31 EXHIBIT D Relocation of 16"and 8"Natural Gas Main Operating at 250 p.s.i.g. Definitions "Overheads"otherwise known as"Loadings":Is a Generally Accepted Accounting Practice used to allocate indirect costs to accurately reflect the total cost of the project Engineering&Field Supervison: These are the costs of our local Management and Engineering teams as they managethis type of construction project.It includes costs around modeling the project,analyzing it's impact on our other customers,researching appropriate materials to use,preparing/submitting Iowa Utility Board&other permit requirements,responding to data requests around those,preparing bid packets/researching contractors to do the work,attending numerous planning meetings,and providing oversight of the actual construction of the project.These costs are estimated as 23%of the total cost of the labor used to complete a project. Individuals/terns that would be included in these costs are: • Engineers-Corporate and Field • Surveyors • Draftsmen • Superintendents • Management • Supervision • Leads • Construction Coordinators • Assistants • Other miscellaneous expenses related to the construction of these type of projects Material:These are the costs of our Procurement and Storerooms/Storekeepers as they manage/procure our construction materials for this type of project.It includes the time&resources spent ordering/receiving/handling of any materials used on the project.These costs are estimated as 23%of the total cost of the material used on a project. Individuals/terns that would be included in these costs are: • Procurement/Contract Negotiator • Storeroom payroll • Sales and use tax • Freight charges • Warehouse facilities and associated costs • Material Handling/Delivery to job site • Other miscellaneous expenses related to the construction of these type of projects Administrative and General:Includes portions of cost of benefits associated with compensation,some office supplies, estimated as 6%of the total cost of the raw/unloaded labor and material costs. Version Date: 02-26-2015 EXHIBIT D-PAGE 4OF4 Masterpiece on the Mississippi Southwest Arterial Project Utility Relocation Reimbursement Agreement Agreement No.: County: Construction Project No.: U-BHE1-2015- 678-71-31 Dubuque HDP -2100 (678)--71-31 IT IS AGREED, by and between the City of Dubuque (hereafter City), and Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy, a limited liability corporation, with offices in Dubuque, Iowa (hereafter Company) as follows: 1. Project Information 1.1. The City shall proceed with the proposed English Mill Road Reconstruction Project (HDP -2100 (657)--71-31) in accordance with its plans and specifications, which the City has designed as part of the Southwest Arterial Project (hereafter Project). The plans and specifications are made a part of this agreement. 1.2. Prior to the City commencing work on the English Mill Road Reconstruction Project, the City needs to have an existing in-service 16" and 8" high pressure natural gas pipeline relocated. 1.3. The 16" and 8" high pressure Peosta feed natural gas main is owned and operated by the Company and located on its own easements upon privately owned land affected by the Project shall be relocated in accordance with attached Exhibit "A". 1.4. Work and operations to be done by the Company consist of the following: a. Engineering and Administration Services for the work proposed at the preliminary and final design stages. b. Engineering and Administration Services for soliciting competitive bid proposals for the procurement of materials required. c. Purchase of eligible materials required to complete the relocation work. d. Engineering and Administration Services for soliciting competitive bid proposals from qualified contractors to complete the relocation work. e. Contract with the lowest responsible, responsive bidder for contract labor to complete the relocation work. f. Engineering, Administration and Inspection Services for the work performed at the construction stages. Engineering and Administration for the work performed at the final completion and project close out stages. 1.5. Without further compensation, other than performance by the City of its obligations as stated in this agreement, the Company shall execute and deliver to the City, on forms supplied by the City, a Disclaimer of Interest in Realty in and to all rights-of-way acquired by the City for this project. 1.6. Without further compensation, other than performance by the City of its obligations as stated in this agreement, the City shall deliver to the Company, through Quit Claim Deed, a permanent utility easement(s) as shown on the attached Exhibit 'B", for the relocated alignment segments of 16" and 8" high pressure Peosta feed natural gas main in accordance with attached Exhibit "A". 1.7. Without further compensation, other than performance by the City of its obligations as stated in this agreement, the Company shall execute and deliver to the City, on forms supplied by the City, a Partial Disclaimer of Interest in Realty as shown on the attached Exhibit "C", for the vacating and relinquishment of all easement rights for those segments located within rights-of-way acquired by the City for this project. g. 2. Project Costs and Method of Payment 2.1. The total estimate of probable eligible cost ($1,401,083) required by the Project for relocation and adjustment of Company facilities and estimated City share of such costs are shown on the itemized estimate of probable cost included in Exhibit "D". 2.2. The City's share of costs will be limited to only those costs that are eligible for Federal -aid reimbursement as per Title 23, Code of Federal Regulations (CFR), Part 645. 2.3. If actual costs will exceed 125% of the estimate, the Company shall promptly request written approval from the City to exceed the estimated cost unless the additional cost is $10,000 or less. Such requests shall include an updated itemized cost estimate and an explanation for the increased costs. The City will not reimburse the Company for costs exceeding 125% of the estimate unless the City approves such a request in writing. Version Date: 02-26-2015 Page 1 of 5 Southwest Arterial Project Utility Relocation Reimbursement Agreement 6. Signatures IN WITNESS WHEREOF the Parties hereto have caused the agreement to be executed by their duly authorized officers on the dates below indicated. Executed by the Company this State of County of ss. day of , 2015. BLACK HILLS/IOWA GAS UTILITY COMPANY, LLC d/b/a BLACK HILLS ENERGY By (Signature) (Print Name) This instrument was acknowledged before me on this day of , 2015, by , as of of (Name) (Print Title) (Title) (Company) Notary Public in and for said State Executed by the City of Dubuque this 16 t h day of M a r PAMELA J. McCARRON Commission Nu n or 172419 My Comm. Exp. �`ZO1 State of %(..5t.)0 °- County of UE) t ss. By , 2015. TY OF DUBUQUE Roy . Buol (Signature) This -instrument was ac(knnowled ed before m this �l�/ day of by b a k l I )0.0 , as of L) (Name) Ti Mayor (Print Name) (Print Title) Executed by the Iowa Department of Transportation this day of , 2015. IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization " By (Signature) (Print Name) (Print Title) ** The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Version Date: 02-26-2015 Page 5 of 5 EXHIBIT B Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor. Dated: 16 day of March , 2015 CITY OF ■' BUQUE, IOWA Roy l Bu , ayor Attest: Kevin S Firnstahl, City Clerk Trish L. Gleason, Assistant City Clerk STATE OF IOWA, DUBUQUE COUNTY, ss: On this Re day of f J , 2015, before me a Notary Public * in and for said County and said State, personally appeared Roy D. Buol and K.S.. evin* Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respecvely, of the City of Dubuque, Iowa; and that the said Roy D. Buol and Kevin S. Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Version Date: 02-26-2015 /22 Notary public Masterpiece on the Mississippi Southwest Arterial Project Utility Relocation Reimbursement Agreement Agreement No.: County: Construction Project No.: U-BHE1-2015- 678-71-31 Dubuque HDP -2100 (678)-71-31 IT IS AGREED, by and between the City of Dubuque (hereafter City), and Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy, a limited liability corporation, with offices in Dubuque, Iowa (hereafter Company) as follows: 1. Project Information 1.1. The City shall proceed with the proposed English Mill Road Reconstruction Project (HDP -2100 (657)--71-31) in accordance with its plans and specifications, which the City has designed as part of the Southwest Arterial Project (hereafter Project). The plans and specifications are made a part of this agreement. 1.2. Prior to the City commencing work on the English Mill Road Reconstruction Project, the City needs to have an existing in-service 16" and 8" high pressure natural gas pipeline relocated. 1.3. The 16" and 8" high pressure Peosta feed natural gas main is owned and operated by the Company and located on its own easements upon privately owned land affected by the Project shall be relocated in accordance with attached Exhibit "A". 1.4. Work and operations to be done by the Company consist of the following: a. Engineering and Administration Services for the work proposed at the preliminary and final design stages. b. Engineering and Administration Services for soliciting competitive bid proposals for the procurement of materials required. c. Purchase of eligible materials required to complete the relocation work. d. Engineering and Administration Services for soliciting competitive bid proposals from qualified contractors to complete the relocation work. e. Contract with the lowest responsible, responsive bidder for contract labor to complete the relocation work. f. Engineering, Administration and Inspection Services for the work performed at the construction stages. g. Engineering and Administration for the work performed at the final completion and project close out stages. 1.5. Without further compensation, other than performance by the City of its obligations as stated in this agreement, the Company shall execute and deliver to the City, on forms supplied by the City, a Disclaimer of Interest in Realty in and to all rights-of-way acquired by the City for this project. 1.6. Without further compensation, other than performance by the City of its obligations as stated in this agreement, the City shall deliver to the Company, through Quit Claim Deed, a permanent utility easement(s) as shown on the attached Exhibit 'B", for the relocated alignment segments of 16" and 8" high pressure Peosta feed natural gas main in accordance with attached Exhibit "A". 1.7. Without further compensation, other than performance by the City of its obligations as stated in this agreement, the Company shall execute and deliver to the City, on forms supplied by the City, a Partial Disclaimer of Interest in Realty as shown on the attached Exhibit "C", for the vacating and relinquishment of all easement rights for those segments located within rights-of-way acquired by the City for this project. 2. Project Costs and Method of Payment 2.1. The total estimate of probable eligible cost ($1,401,083) required by the Project for relocation and adjustment of Company facilities and estimated City share of such costs are shown on the itemized estimate of probable cost included in Exhibit "D". 2.2. The City's share of costs will be limited to only those costs that are eligible for Federal -aid reimbursement as per Title 23, Code of Federal Regulations (CFR), Part 645. 2.3. If actual costs will exceed 125% of the estimate, the Company shall promptly request written approval from the City to exceed the estimated cost unless the additional cost is $10,000 or less. Such requests shall include an updated itemized cost estimate and an explanation for the increased costs. The City will not reimburse the Company for costs exceeding 125% of the estimate unless the City approves such a request in writing. Version Date: 02-26-2015 Page 1 of 5 Southwest Arterial Project Utility Relocation Reimbursement Agreement 6. Signatures IN WITNESS WHEREOF the Parties hereto have caused the agreement to be executed by their duly authorized officers on the dates below indicated. Executed by the Company this State of County of SS. day of , 2015. BLACK HILLS/IOWA GAS UTILITY COMPANY, LLC d/b/a BLACK HILLS ENERGY By (Signature) (Print Name) (Print Title) This instrument was acknowledged before me on this day of , 2015, by , as of of (Name) (Title) (Company) Notary Public in and for said State Executed by the City of Dubuque this 16 t h day of March , 2015. CITYF DUBUQUE ELA J, OAMON Commission Number 772419 My Comm. Exp. 5--206 State of County of SS. By Roy D. Buol Mayor (Signature) (Print Name) Thisi trument was acknowledged before me on this day of by 41311 ,asof OLLA f3 (Name) (L `) of 1 sR p (Print Title) Notary Public in or said State Executed by the Iowa Department of Transportation this day of , 2015. IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization "" By (Signature) (Print Name) (Print Title) "" The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Version Date: 02-26-2015 Page 5 of 5 EXHIBIT B Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor. Dated:16 day of March , 2015 CITY OF DIJ UQUE, IOWA Roy D. Bu c V, Mayor Attest: Kevin S Firnstahl, Caerk ** Trish L. Gleason, Assistant City Clerk STATE OF IOWA, DUBUQUE COUNTY, ss: On this 110 day of I 1 b(;OV, 2015, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and K viten S_* * Firntahi to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk resprtively, of the City of Dubuque, Iowa; and that the said Roy D. Buol and Kevin S FirnsiaTil as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Version Date: 02-26-2015 Notary public PAMELA ale McCARRON Commission Number 772419 My Comm. Exp. ti °-5'Z0 lb