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Southwest Arterial Property Acquisition_Kelly, Kotz, Siebe, DuTrac, Hanna, Pioneer, Bettcher Copyright 2014 City of Dubuque Consent Items # 9. ITEM TITLE: Southwest Arterial Property Acquisitions SUMMARY: City Manager recommending approval of resolutions accepting Grants of Easements and Deeds from numerous property owners for the purchase of property for the Southwest Arterial Project. RESOLUTIONS (11)Acceptance of Deeds and Grants of Easements SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Southwest Arterial Property Acquisitions-MVM Memo City Manager Memo Staff Memo Staff Memo Parcel 72 Kelly - Resolution Accepting Grant of Staff Memo Easement Parcel 73 Kotz- Resolution Accepting Grant of Resolutions Easement Parcel 76 Siebe- Resolution Accepting Grant of Resolutions Easement Parcel 96 DuTrac - Resolution Accepting Grant of Resolutions Easement Parcel 97 Isaac Hanna - Resolution Accepting Grant of Resolutions Easement Parcel 97 Isaac Hanna - Resolution Accepting Deed Resolutions Parcel 98 Pioneer- Resolution Accepting Grant of Resolutions Easement Parcel 122 Bettcher- Resolution Accepting Deed Resolutions Parcel 122 Bettcher/R& M Quality I vestments- Resolutions Resolution Accepting Deed Parcel 122A Bettcher- Resolution Accepting Grant of Resolutions Easement Parcel 122A Bettcher- Resolution Accepting Deed Resolutions 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 Property Acquisitions —April 18, 2016 City Council Agenda DATE: April 13, 2016 The City entered into Purchase Agreements with numerous property owners for the purchase of property for the Southwest Arterial Project. City Attorney Barry Lindahl recommends City Council approval of resolutions accepting Grants of Easements and Deeds to these properties. 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 HE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: April 12, 2016 RE: Southwest Arterial Property Acquisitions — April 18, 2016 City Council Agenda The City entered into Purchase Agreements with numerous property owners for the purchase of property for the Southwest Arterial Project. Attached are resolutions accepting Grants of Easements and Deeds to these properties. I recommend that the resolutions be submitted to the City Council for consideration. BAL:tls Attachment cc: Gus Psihoyos, City Engineer Bob Schiesl, Assistant City Engineer F:\USERS\tsteckle\Lindahl\Southwest Arterial Condemnations\MVM_PropertyAcquisitions_041816Agenda_041216.doc 1 111 111111111111111 1111111101 11 111 11 11 11 111111111 11 Doc ID 008421520006 Type GEN Kind EASEMENT Recorded: 04/22/2016 at 10:12:47 AM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2016-00004467 Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) GRANT OF TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of TEN ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Alice R. Kelly of Dubuque County, State of Iowa, for herself, her heirs and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, from the date hereof, a temporary easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the Southwest 1/4 of the Southeast "/ of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto. Said temporary easement shall be for the purpose of entrance construction (the Work) for the Southwest Arterial Project, and other appurtenances in accordance with the Plans and Specifications currently on file in the office of the City Engineer. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Said easement begins on the date of execution of this Grant of Temporary Construction Easement and shall be null and void upon completion and acceptance of the Work by the City Council. It is understood and agreed that City shall restore the disturbed area due to the construction. To have and to hold unto said for the duration of the Project, and the undersigned does hereby expressly covenant that she is the owner in fee of said real estate and has good right to execute this agreement, and that City, its agents or contractors, shall at all times during construction have free access to and egress from and over said real estate for the purpose of this easement. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 72 Alice R. Kelly 040416baI Dated at Dubuque, Iowa this 13714 day of c'jr Tice R. Kelly IP0 A ,2016. By Richard J. KeIIy, attorney-in-fact for Alice R. KeIIy NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 3 7W day of APR L , 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Richard J. Kelly, attorney-in-fact for Alice R. KeIIy to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that he executed the same as his voluntary act and deed on behalf of Alice R. Kelly. 0 •z Sin114 kaw RUSSELL N KIEFFER ' Commission Number 778626 My Commission Expires May 24, 2019 Notary Public In and For Said State Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 72 Alice R. KeIIy 040416baI PREPARED BY: MiCHAEL R. FAGLE, AECOM., 55 SYCAMORE STFiEEI, SUITE 222, WATERLOO, IOWA, 521703, 315-232-5531 TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ALICE R. KELLY COUNTY PARCEL NO. 1029451013 PROJECT PARCEL NO. 72 LOT 2-1-1-1 SW1/4 SE/4 SEC. 29-89-2E EXC. W 125' OLD HIGHWAY ROAD LOT 1-2-1-1-1-1 SW1/4 SE 1 /4 SEC. 29-89-2E P.O.B. BEARING / DISTANCE 1 TO 2 N 81 ° 58 " 25 W 20.09 2 TO 3 N 03 °' 27 " 06 " E 3.58 ° 3 TO 4 S 86 * 32 ' 54 " E 20.10 4 TO 1 S 04 ° 15 ° 36 " W 5.19 DATE SIGNED: 10/05/2015 I hereby certify that this Land Surveying document, vas prepared by me or under my direct persona/ supervision and that 1 am a duty Lie sed Land Surveyor und the State of Iowa. MICHAEL R. ARE 1 Date License number 85 My license renewal date Is DeCember 31,2016 Pages or sheets covered by this seal: qhrEIS 1 AND 2 OF 2 AECOM Page 3 LEGEND 447.75' M MEASURED 447.40' R RECORD 0 50 100 200 SCALE IN FEET SHEET 1 OF 2 PREPARED BY: MICHAEL R. FAO. E, ACCOM, S21 SYEAMORE STREET,.'SUITE 222, wATEPLOO, IOWA, ‘5070'2, :319-232.6531 TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ALICE R. KELLY COUNTY PARCEL NO. 1029451013 PROJECT PARCEL NO. 72 PROJECT DESCRIPTION: TEMPORARY EASEMENT PARCEL NO, 72 COUNTY PARCEL NO. 1029451013 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1; THENCE NORTH 81 (DEGREES) 58(MINUTES) 25" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE, SOUTHERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF OLD HIGHWAY ROAD, 20.09 FEET; THENCE NORTH 03°27'06" EAST, 3.58 FEET; THENCE SOUTH 86°3Z54" EAST, 20.10 FEET TO THE EASTERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1; THENCE SOUTH 04°1536" WEST ON THE EASTERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1, A DISTANCE OF 5.19 FEET TO THE POINT OF BEGINNING. CONTAINING 88 SQUARE FEET. AECOM Page 4 SHEET 2 OF 2 RESOLUTION NO. 125-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM ALICE R. KELLY Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Alice R. Kelly for the property legally described as: ; and A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the Southwest'/ of the Southeast'/ of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Attest: Passed, approved and adopted this 18th day of April, 2016. Kevin Firnstahl, City Clerk Ric Joa Mayor Pro -Tem Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 72 Alice R. Kelly CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 125-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. Kevin. Firnstahl,'C e, City Clerk 1011 im 11 VII 11 11 11 Doc ID 008421530006 Type: GEN Kind: EASEMENT Recorded: 04/22/2016 at 10:13:07 AM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2016-00004468 Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) GRANT OF TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of TEN ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Madeline Kotz, of Dubuque County, State of Iowa, for herself, her heirs and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, from the date hereof, a temporary easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A parcel of land situated in part of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Southwest 1/4 of the Southeast 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto. Said temporary easement shall be for the purpose of entrance construction (the Work) for the Southwest Arterial Project, and other appurtenances in accordance with the Plans and Specifications currently on file in the office of the City Engineer. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Said easement begins on the date of execution of this Grant of Temporary Construction Easement and shall be null and void upon completion and acceptance of the Work by the City Council. It is understood and agreed that City shall restore the disturbed area due to the construction. To have and to hold unto said for the duration of the Project, and the undersigned does hereby expressly covenant that she is the owner in fee of said real estate and has good right to execute this agreement, and that City, its agents or contractors, shall at all Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 73 Kotz 040416baI times during construction have free access to and egress from and over said real estate for the purpose of this easement. Dated at Dubuque, Iowa this 8 TH day of APRT L , 2016. Madeline Kotz NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 8 Tom' day of ,qP,2®L , 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared *her-&K-otz and Madeline Kotz, husband and wife, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. Notary Public In and For Said State Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 73 Kotz 040416baI Page 2 RUSSELL N KIEFFER Commission Number 778626 My Commission Expires May 24, 2019 231242111 rs Ai, F., 423 302, 3;01 TREF_ !, if. 222, 424211131034.11.4424, ssiss, -.WI 232 C,E5:il TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ALBERT G. & MADELINE KOTZ COUNTY PARCEL NO. 1029451007 PROJECT PARCEL NO. 73 LOT 2 -I -I -I SWI/4 SEI/4 SEC, 29-89-2E EXC. W I25` SEARING / DISTANCE 1 TO 2 N 86 " 32 54 " W 9.76 2 TO 3 N 86 ° 32 54 • " W 39.00 3 TO 4 N 03 ° 2.7 06 " E 11.00 4 TO 5 5 86 ' 32 54 " E 39.00 5 TO 7 5 03 ° 27 06 " W 11.00 DATE SIGNED: 10/05/2015 ......... MICHAE, 8505 2 ;. 1 hereby certify that thls Land Surveying dornolen Sons prepared by me or under my dIrect personal superoi.on and that 1 am a duly L icensed Land Surveyor gibe he State or Iowa. [CHAD. R. FAG1 Date L Icense number 8505 My lcense renewal date 0 December 31,2016 Pages or sheets covered by this seal L3.54.,91 CF 42 AECOM LOT I-2-1-1-1-1 SWI/4 SEI/4 SEC. 29-89-2E 01 21 Cr.J 01 u) 01 oo 05 T 04 c.) 01 <NO C\I 21 _1 OLD HIGHWAY ROAD LEGEND 447.75' M = MEASURED 447.40' R = RECORD 0 50 100 200 SCALE IN FEET Page 3 SHEET 1 OF 2 pricP,R£0 '(a M111.HAG.1_ W �I. 20I SYCAMORE 0122E1. SUITE 222. WaPERIOD, IO2?a, 20701, 3;9-232,6531 TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ALBERT G. & MADELINE KOTZ COUNTY PARCEL NO. 1029451007 PROJECT PARCEL NO. 73 PROJECT DESCRIPTION: TEMPORARY EASEMENT PARCEL NO. 73 COUNTY PARCEL NO. 1029451007 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1 OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1; THENCE NORTH 86° (DEGREES) 32' (MINUTES) 54" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTHERLY LINE OF SAID LOT 1 OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 ALSO BEING THE PRESENT NORTHERLY RIGHT-OF- WAY LINE OF OLD HIGHWAY ROAD, 9.76 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 86°32'54" WEST ON THE SOUTHERLY LINE OF SAID LOT 1 OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 ALSO BEING THE PRESENT NORTHERLY RIGHT-OF- WAY LINE OF OLD HIGHWAY ROAD, 39.00 FEET; THENCE NORTH 03°27'06" EAST, 11.00 FEET; THENCE SOUTH 86°32'54" EAST, 39.00 FEET; THENCE SOUTH 03°27'06" WEST, 11.00 FEET TO THE POINT OF BEGINNING. CONTAINING 429 SQUARE FEET OR 0.01 ACRE. AECOM Page 4 SHEET 2 OF 2 RESOLUTION NO. 126-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM MADELINE KOTZ Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Madeline Kotz for the property legally described as: ; and A parcel of land situated in part of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Southwest '/ of the Southeast % of Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Attest: Kevin ti . 1=irnstahl, bity`derk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 73 Kotz CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 126-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. Kevin 'S `Firnstahl, GM ;City Clerk IIIt IIIY 11YIIIII'AI11VIIIIV I I 11 Doc ID 008421540006 Type: GEN Kind EASEMENT Recorded: 04/22/2016 at 10:13:27 AM Fee Amt: $32.00 Paqe 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2016-00004469 Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) GRANT OF TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of TEN ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Wesley A. Siebe and Sandra S. Siebe, husband and wife, of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, from the date hereof, a temporary easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Southwest % of the Southeast '/ of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto. Said temporary easement shall be for the purpose of grading (the Work) for the Southwest Arterial Project, and other appurtenances in accordance with the Plans and Specifications currently on file in the office of the City Engineer. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Said easement begins on the date of execution of this Grant of Temporary Construction Easement and shall be null and void upon completion and acceptance of the Work by the City Council. It is understood and agreed that City shall restore the disturbed area due to the construction. To have and to hold unto said for the duration of the Project, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that City, its agents or contractors, shall at all Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 76 Siebe 040416baI Page 1 times during construction have free access to and egress from and over said real estate for the purpose of this easement. Dated at Dubuque, Iowa this ES"t\4 day of APRIL ,2016. Sandra S. Siebe NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 877-/ day of PR/ L , 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Wesley A. Siebe and Sandra S. Siebe, husband and wife, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. Notary Public In and For Said State Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 76 Siebe 040416baI Page 2 ti z z ;1C�C row RUSSELL N KIEFFER Commission Number 778626 My Commission Expires May 24, 2019 MICHAI-i. 2, 22422., At,.COM, 261 11 422421, 2111111 e!zz, 2210:214120, 14122, 226722241122-T,' G531 TEMPORARY EASEMENT FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: WESLEY A. & SANDRA S. SIEBE COUNTY PARCEL NO. 1029451010 PROJECT PARCEL NO. 76 LOT 2-1-1-1-1-1 SWI/4 SEtJ4 SEC. 29-89-2E OLD HIGHWAY ROAD DATE SIGNED: 10005/2015 LOT 2-1-1-1-1-1-1 SWI /4 SEI/1 SEC. 29-89-2E P.O.B, (2 ttiO ....... t"Tiln 5505 hereby cert. I fly that this Land Survey mg document was prepared by msi or under my direr t persona super,/ is Ion and that I am a duly Licensed Land Surveyor und r t the State of Iowa. feri MI6IAEL 2. P2 Hate license number 8902 My license renewal date Is December 31.2016 Pages or sheets covered by this seal I AND 2 42 2 AECOM LOT 2-1-1-1-1-1-1-1 SWI/4 SEI /1 & LOT 2-2 SEI /4 111/4 SEC. 29-89-2E G\-\ 05,N BEARING / DISTANCE 1 TO 2 R . 683.20 L=27.39 ' LC . N 88 48 ' 54 " W 27.39 ' 2 TO 3 N 71 ' 25 ' 19 " E 28.94 ' 3 TO 1 5 00 ' 19 ' 52 " W 9.79 ' LEGEND 447.75' M = MEASURED 447.40' R = RECORD 0 50 100 200 SCALE IN FEET Page 3 SHEET 1 OF 2 PREP .-itC7 BY, rM[CHA t A. F,'GI.E, AEGON, TAI SYCAMORE S tRBET, SUITE 22,., JAIL fit G0 319.- %22 GS:: TEMPORARY EASEMENT FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER WESLEY A. & SANDRA S. SIEBE COUNTY PARCEL NO. 1029451010 PROJECT PARCEL NO. 76 PROJECT DESCRIPTION: TEMPORARY EASEMENT PARCEL NO. 76 COUNTY PARCEL NO./029451010 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE; COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF OLD HIGHWAY ROAD BEING A 683.20 -FOOT RADIUS CURVE CONCAVE NORTHERLY AND HAVING A 27.39 -FOOT LONG CHORD BEARING NORTH 88° (DEGREES) 48' (MINUTES) 54" (SECONDS) WEST, 27,39 FEET (ARC LENGTH); THENCE NORTH 71'25'19" EAST, 28.94 FEET TO THE EASTERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 THENCE SOUTH 00°19'52" WEST ON THE EASTERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1, A DISTANCE OF 9.79 FEET TO THE POINT OF BEGINNING. THE EASTERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 IS ASSUMED TO BEAR SOUTH 00°19'52" WEST FOR THE PURPOSE OF THIS DESCRIPTION. CONTAINING 134 SQUARE FEET. A COM Page 4 SHEET 2 OF 2 RESOLUTION NO. 127-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM WESLEY A. SIEBE AND SANDRA S. SIEBE Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Wesley A. Siebe and Sandra S. Siebe for the property legally described as: ; and A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Southwest % of the Southeast 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Attest: �9 Kevin(S /Firnstahl, dityIerk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 76 Siebe Ric W. Jone Mayor Pro -Tem CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 127-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. Kegin S. Firnstafil C, City Clerk 11 11 u lull I 10011 11 11 11 Doc ID 008421550006 Type GEN Kind EASEMENT Recorded: 04/22/2016 at 10:13:50 AM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2016-00004470 Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) GRANT OF TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of TEN ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, DuTrac Community Credit Union of Dubuque County, State of Iowa, for itself, its successors and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, from the date hereof, a temporary easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A parcel of land situated in part of Lot 2 of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto. Said temporary easement shall be for the purpose of grading (the Work) for the Southwest Arterial Project, and other appurtenances in accordance with the Plans and Specifications currently on file in the office of the City Engineer. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Said easement begins on the date of execution of this Grant of Temporary Construction Easement and shall be null and void upon completion and acceptance of the Work by the City Council. It is understood and agreed that City shall restore the disturbed area due to the construction. To have and to hold unto said for the duration of the Project, and the undersigned does hereby expressly covenant that DuTrac Community Credit Union is the owner in fee of said real estate and has good right to execute this agreement, and that City, its agents or contractors, shall at all times during construction have free access to and egress from and over said real estate for the purpose of this easement. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 96 DuTrac 040416ba1 Page 1 Dated at Dubuque, Iowa this 1th day of PPQ1L DUTRAC COMMUNITY CREDIT UNION By: Ak.t euv v..) V ttki 3 Printed Name Its NOTARY PUBLIC STATE OF IOWA, , 2016. COUNTY OF DUBUQUE, SS: On this ,�� day of , 2016 before me, the undersigned a Notary Public in and for said County, in said State, personally appeared AndroJ 14Q4k 6L to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that he/she executed the same as his/her voluntary act and deed on behalf of DuTrac Community Credit Union. SAftW L SKEMP comfrii§§i®9Wiimber 7 5938 My Co�arf�p Ndtary Public In and For Sa. State Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 96 DuTrac 040416baI Page 2 !CHPE r 'La] ST REE SUFI?. •"..!.1,3. • 2:Q.-.6631 TEMPORARY EASEMENT FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: DUTRAC COMMUNITY CREDIT UNION COUNTY PARCEL NO. 1029300021 PROJECT PARCEL NO. 96 / < Q„c) \-*\./..\:-//7/ N53 ()C9' I 7"E 11 ISAAC HANNA SUBDIVISION LOT 1 LOT 2 roT A S03°23'50E 21,27' DATE SIGNED: 10105/2015 ASTOM I heroeby <or Iry tneU tit Is Land Suovey log document prepared by tne or under my dtrect personal m.oert, la leo and that am a du I y Licensed Land Surveyor urmier the I., or t 0 r MICHAEL Lt. ad. Date License emdter 8505 My I tr. enee rene,A1 date is Decemoer 31,20 16 Page.s 0' sheets covered by thle uee I 1 rr. 1 ANS 2 101 .24' 11 L 0 LEGEND 417.15 M MEASURED! 447,10' R = RECORD 50 100 200 SCALE IN FEET Page 3 SHEET 1 OF 2 TEMPORARY EASEMENT FOR GRADING SOUTHWEST CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: DUTRAC COMMUNITY CREDIT UNION COUNTY pAncpLwO.1uuvnoVoo PROJECT PARCEL N� 96 DERIPnON: TEMPORARY PROJECT PARCEL NO. 96 COUNTY PARCEL NO. 1029300021 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF ISAAC HANNA SUBDMSQN N ThE CITY OF DUBUQUE COUNTY OF DUBIJQUE STATE OF OWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOU(DEGREES) 15' (MINUTES) 02" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE soUn-rEASTERLY UNE OF SAID LOT 2 ALSO BEING THE PRESENT NORTHWESTERLY RIGHT OF WAY LINE OF U S HIGHWAY 20 A DISTANCE OF 101 24 FEET; THENCE NORTH 53~n9'Y7^EAST, 1114o FEET TO THE EASTERLYuNE OF SAID LOT 2;THENCE SOUTH D3~23'50^EAST ONTHE EASTERLY LINE OFSAID LOT 2,A DISTANCE 0F21.27 FEETTO THE POINTOF BEGINNING. CONTAINING 988 S UARE FEET OR 0.02 ACRE. RESOLUTION NO. 128-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM DUTRAC COMMUNITY CREDIT UNION Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with DuTrac Community Credit Union for the property legally described as: ; and A parcel of land situated in part of Lot 2 of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, ao Tem Attest: Kevin S. Firnstahl, fit i� 1erk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 96 DuTrac CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 128-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. Kevin Firnstahl, C&ll , City Clerk 11111 IO III 0IIu 11 10011 II ill i111 Doc ID 008421560006 Type GEN Kind: EASEMENT Recorded: 04/22/2016 at 10:14:21 AM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2016-0000447 1 Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) GRANT OF TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of TEN ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Isaac Hanna L.L.C. of Dubuque County, State of Iowa, for itself, its successors and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, from the date hereof, a temporary easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A parcel of land situated in part of Lot A of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa, as shown on the Temporary Easement exhibit attached hereto. Said temporary easement shall be for the purpose of grading (the Work) for the Southwest Arterial Project, and other appurtenances in accordance with the Plans and Specifications currently on file in the office of the City Engineer. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Said easement begins on the date of execution of this Grant of Temporary Construction Easement and shall be null and void upon completion and acceptance of the Work by the City Council. It is understood and agreed that City shall restore the disturbed area due to the construction. To have and to hold unto said for the duration of the Project, and the undersigned does hereby expressly covenant that Isaac Hanna L.L.C. is the owner in fee of said real estate and has good right to execute this agreement, and that City, its agents or contractors, shall at all times during construction have free access to and egress from and over said real estate for the purpose of this easement. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 97 Isaac Hanna L.L.C. 040416baI Page 1 Dated at Dubuque, Iowa this ISAAC HANNA L.L.C. By: Printed Name Its STATE OF IOWA, COUNTY OF DUBUQUE, SS: day of /"f / , 2016. NOTARY PUBLIC On this STI4 day of APRIL. , 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared 26C- 3, ®S`/94C , to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that he/she executed the same as his/her voluntary act and deed on behalf of Isaac Hanna L.L.C. Notary Public In and For Said State Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 97 Isaac Hanna L.L.C. 040416baI Page 2 RUSSELL N KIEFFER Commission Number 778626 My Commission Expires May 24, 2019 PREPARED BY: MICHAEL R. FAGLE. AECOM, 11101 SYCAMORE STREET, SUITE 222, WAFEML00,1010, 00723, 319-232-G531 TEMPORARY EASEMENT FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ISAAC HANNA L.L.C. COUNTY PARCEL NO. 1029300022 PROJECT PARCEL NO. 97 FND. REBAR W/ ORANGE CAP NO. LS 15352 FND. REBAR W/ ORANGE CAP NO. LS |5J52 ISAAC HANNA H4NNA SUBDIVISION LOT 3 P.O.B. ~. DATE S|GNED12/14/2015 AECOM ~ vO rA,P� - .=' hereby certify that m Land Survey1ng document was prepared by me or under that I arn a duly Licensed Land Surveyor undetroftye la the State of Iowa. fig /2^/g4"201C MICHAEL R. F E Elate License number "ua Ny/^~°~m...date ° Decanter ,..20/" Paqn or sheets covered bythis seal: BEARI NG / DISTANCE —FND.RE84R W/ ORANGE CAP NO` LS 15352 1 TO 2 N 17 , 59 ' 28 " W 18l0 ' 2 TO 3 N 75~ 26 ' 23 " W 101.51 ' 3 TO 4 S 83 ^ 52 ' 49 " E 94.77 ' 4 TO 1 S 17` 59 ' 28 " E 14.40 ' Page 3 LEGEND *47.75'w = MEASURED 447.*0'n ~ RECORD 0 75 150 225 300 SCALE IN FEET SHEET 1 OF 2 PREPARED BY, MICHAEL. R. FACILE, AE:COM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 TEMPORARY EASEMENT FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ISAAC HANNA L.L.C. COUNTY PARCEL NO. 1029300022 PROJECT PARCEL NO. 97 DESCRIPTION: TEMPORARY EASEMENT PROJECT PARCEL NO. 97 COUNTY PARCEL NO. 1029300022 A PARCEL OF LAND SITUATED IN PART OF LOT A OF ISAAC HANNA SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT A; THENCE NORTH 17° (DEGREES) 59' (MINUTES) 28" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE EASTERLY LINE OF SAID LOT A, 18.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 76°26'23" WEST, 101.51 FEET; THENCE SOUTH 83°52'49" EAST, 94.77 FEET TO THE EASTERLY LINE OF SAID LOT A; THENCE SOUTH 17°59'28" EAST ON THE EASTERLY LINE OF SAID LOT A, 14.40 FEET TO THE POINT OF BEGINNING. CONTAINING 623 SQUARE FEET OR 0.01 ACRE. A COM Page 4 SHEET 2 OF 2 RESOLUTION NO. 129-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM ISAAC HANNA L.L.C. Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Isaac Hanna L.L.C. for the property legally described as: A parcel of land situated in part of Lot A of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa, as shown on the Temporary Easement exhibit attached hereto ; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th da of Ap JJ 2016. Ric W. Jones, ,/;'y Pro - Attest: Kevin S. / irnstahl, City blerk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 97 Isaac Hanna L.L.C. CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 129-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. Kevin 5'. Firnstahl, "'MC, City Clerk SOUTHWEST ARTERIAL CLOSING CHECKLIST/STATEMENT Parcel No. 97 Isaac Hanna L.L.C. 5000 Old Highway Road, Dubuque, Iowa 52003 A parcel of land situated in part of Lot A of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa as shown on the Acquisition Plat attached hereto. Closing Date: April 8, 2016 X Warranty Deed X GHS X DV X Taxes Transfer tax Resolution accepting Easements Due from Seller Due from Buyer Property Purchase Price $17,877.00 Property Taxes $0 Total Due from Buyer CITY OF DU By: QUE, IOWA (BUYER) c $17,877.00 ISAAC HANNA L.L.C. (SELLER) By: Bar A. Lindahl, City Attorney Dr. G Transfer tax of $28.00 due from City 0 Isaac, MD ISAAC HANNA L.L.C. Parcel No. 97 Property Tax Breakdown Taxes $0/year Total Lot Area 38,737 sq. feet Total City acquiring 3,898 sq. feet (5.317%) Pt Half of FY15-16 07/01-12/31/15 2nd Half of FY15-16 01/01-04/08/16 99 days Total Taxes Due $0 Transfer tax of $28.00 due from City IIA I111111111111111111 I lllI III 11 11 11 Doc ID 008421450006 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 04/22/2016 at 10:09:41 AM Fee Amt: $65.00 Pape 1 of 6 Revenue Tax: $28.00 Dubuque County Iowa John Murphy Recorder 11 F11e2016-00004463 Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Tax Statement to: City of Dubuque, Iowa 50 W. 13th Street Dubuque, IA 52001 WARRANTY DEED For the consideration of Ten Dollars ($10.00) and other good and valuable consideration, Isaac Hanna L.L.C. does hereby convey to the City of Dubuque, Iowa, that part of the following described real estate in Dubuque County, Iowa: A parcel of land situated in part of Lot A of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa as shown on the Acquisition Plat attached hereto. The Grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated. Dated this , 2016 at Dubuque, Iowa. ISAAC HANNA L.L.C. By: Printed Name Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 97 Isaac Hanna L.L.C. 040416baI 500 .5L0° ® ca,, C d )L STATE OF IOWA SS COUNTY OF DUBUQUE On this T' day of APR. i , 2016, before me a Notary Public in and for said County and said State, personally appeared 6 i 6 , to me personally known, who, being by me duly sworn, did say that he/she is the ®�W of Isaac Hanna L.L.C.; that said instrument was signed on behalf of Isaac Hanna L.L.C.; and that the execution of said instrument is the voluntary act and deed of said Isaac Hanna L.L.C. Notary Public, State of Iowa RUSSELL N KIEFFER Commission Number 778626 My Commission Expires May 24, 2019 Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 97 Isaac Hanna L.L.C. 040416baI PREPARED Cif: MICHAEL FAGLE, AEC:05, 501 SYC.AMORE, STREET, SUITE 222, WATERLOO, 1000, 230753, 315-232-5531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ISAAC HANNA LLC. COUNTY PARCEL NO. 1029300022 PROJECT PARCEL NO. 97 FND, REBAR W/ ORANGE CAP NO, LS 15352 FND. REBAR --- W/ ORANGE CAP NO, LS 15352 53 7" ISAAC HANNA SUBDIVISION En' LOT A rf.)1(.% cfa.. LOT 2 LOT 3 M,40.77' R.40.71' .s - BEARING / DI STANCE 1 TO 2 5 71 ° 25 19 u W 37.76 R = 37.76' 2 TO 3 N 71 ° 24 22 " W 124.12 R = 124.12' 3 TO 4 N 74 ° 47 21 " E 50.98 4 TO 5 S 760 26 123 “ E 101.51 5 TO 1 5 17 ° 59 128 " E 18.00 DATE SIGNED: 12/14/2015 1 hereby certify that this Land Surveying document was prepared by 100 or under my d I rec t personal super v s ion and that I am a duly Licensed Land Surveyor tlItezik7State of lova, MICHAEL R. EAGLE Date License number 8505 My license reneval date is December 31,2016 Pages or sheets covered by this seal: SSIFF TS 1 AND 2 OF 2 AECOM 0 FND, REBAR W/ ORANGE CAP NO, LS 15352 LEGEND 447.75' M = MEASURED 4017.40' R = RECORD 75 150 225 300 11111111111111111 SCALE IN FEET SHEET 1 OF 2 PREPARED F3Y; MICHAEL R. EAGLE, AECOM, 501 SYCAMORE'. STREET, SUITE 222, WATERLOO, IOWA, 50703, 919-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ISAAC HANNA L.L.C. COUNTY PARCEL NO. 1029300022 PROJECT PARCEL NO. 97 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 97 COUNTY PARCEL NO. 1029300022 A PARCEL OF LAND SITUATED IN PART OF LOT A OF ISAAC HANNA SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT A, WHICH IS ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE SOUTH 71° (DEGREES) 25' (MINUTES) 19" (SECONDS) WEST ASSUMED BEARING FOR THE PURPOSE OF THS DESCRIPTION ON THE SOUTHEASTERLY LINE OF SAID LOT A, ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 37.76 FEET (37.76 FEET RECORD); THENCE NORTH 71°24'22' WEST ON THE SOUTHEASTERLY LINE OF SAID LOT A, ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U,S. HIGHWAY 20, A DISTANCE OF 124.12 FEET (124.12 FEET RECORD); THENCE NORTH 74°4721" EAST, 50.98 FEET; THENCE SOUTH 76°26'23" EAST, 101.51 FEET TO THE EASTERLY LINE OF SAID LOT A; THENCE SOUTH 17°59'28" EAST ON THE EASTERLY LINE OF SAID LOT A 18.00 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT 1 OF LOT A OF ISAAC HANNA SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 3,898 SQUARE FEET OR 0.09 ACRE. AECOM SHEET 2 OF 2 RESOLUTION NO. 130-16 ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM ISAAC HANNA L.L.C. Whereas, the City of Dubuque. entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Isaac Hanna L.L.C. for the property legally described as follows: ; and A parcel of land situated in part of Lot A of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa as shown on the Acquisition Plat attached hereto Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of Aril, 2016. Ric W. Jone 5` ayor -Tem Attest: Kevin S. Firnstahl, Ciiy lerk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 97 Isaac Hanna L.L.C. CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 130-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. Kevin S. Firnstahl, C City Clerk 11 101 11 011 mi iso 11 11 11 II II Doc ID 008421460004 Type GWH Kind GROUNDWATER HAZARD Recorded: 04/22/2016 at 10:10:03 AM Fee Amt: $0.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder F11e2016-00000543 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Isaac Hanna L.L.C. Address 3068 Huntington Drive Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 5000 Old Highway Road Dubuque Iowa 52003 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) A parcel of land situated in part of Lot A of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa as shown on the Acquisition Plat attached hereto 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 97 Isaac Hanna L.L.C. olD1b- Yk 5. Private Burial Site (check one) X There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. X This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: an eror or Agen FILE WITH RECORDER Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 97 Isaac Hanna L.L.C. Telephone No.: .'11D5 5g3 St( g DNR form 542-0960 (July 18, 2012) PREPARE° v: MICHAEL R. CAD_E, AECOM, 201 SYCAMORE STREET, SUITE 222, WA TERLO1J. 100, 20703, 312-232-0531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ISAAC HANNA L.L.C. COUNTY PARCEL NO. 1029300022 PROJECT PARCEL NO. 97 END. REBAR W/ ORANGE CAP NO, LS 15352 FND, REBAR - W/ ORANGE CAP NO, LS 15352 ISAAC HANNA SUBDIVISION cn CFI LOT A —M.210.77' LOT 2 Os. - Rr.40.71' -4 -4 L LO LP - LOT 3 \-\G‘ • 5 BEARING / DI STANCE A1*()V '2. P.O.B. 1 TO 2 S 71 ° 25 19 0 W 37.76 R = 37.76' 2 TO 3 N 71 ° 24 22 " W 124.12 R = 124.12' 3 TO 4 N 74 ° 47 21 ° E 50.98 4 TO 5 5 76 ° 26 23 0 E 101.51 5 TO 1 5 17 ° 59 28 " E 18.00 DATE SIGNED: 12/14/2015 I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that. I am a duly Licensed Land Surveyor u/ni17/2"4"rtate of Iowa. MICHAEL R. EAGLE Date icense number 5505 My 1 icense renewal date is December 31,2016 Pages or sheets covered by this seal : SHEETS AND 2 OF 2 A_=COM Dubuque Southwest Arterial Project No. HDP - 2100 (679)-71-31 Parcel 97 Isaac Hanna L.L.C. FND, REBAR W/ ORANGE CAP NO, LS 15352 LEGEND 447.75'M = MEASURED 447.40' R = RECORD 0 75 150 225 300 SCALE IN FEET SHEET 1 OF 2 PREPARED BY: MICHAEL R. EAGLE, AECaN, 591 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 219-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ISAAC HANNA L.L.C. COUNTY PARCEL NO. 1029300022 PROJECT PARCEL NO. 97 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 97 COUNTY PARCEL NO. 1029300022 A PARCEL OF LAND SITUATED IN PART OF LOT A OF ISAAC HANNA SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT A, WHICH IS ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE SOUTH 71° (DEGREES) 25' (MINUTES) 19" (SECONDS) WEST ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION ON THE SOUTHEASTERLY LINE OF SAID LOT A, ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 37.76 FEET (37.76 FEET RECORD); THENCE NORTH 71°24'2T WEST ON THE SOUTHEASTERLY LINE OF SAID LOT A, ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 124.12 FEET (124.12 FEET RECORD); THENCE NORTH 74°47'21" EAST, 50.98 FEET; THENCE SOUTH 76°26'23" EAST, 101.51 FEET TO THE EASTERLY LINE OF SAID LOT A; THENCE SOUTH 17°59'28" EAST ON THE EASTERLY LINE OF SAID LOT A 18.00 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT 1 OF LOT A OF ISAAC HANNA SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 3,898 SQUARE FEET OR 0.09 ACRE. A COM Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 97 Isaac Hanna L.L.C. SHEET 2 OF 2 11 1 1 11 1 11 1 11 REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT Date of Instrument. A Deed 1 IN Contract 2 A SELLER: Isaac Hanna L.L.C. Phone .(563) 583-4848 A Seller Address: 3068 Huntington Drive Dubuque Iowa 52001 e-mail: GeorgeBIsaac(dgmail.com BUYER: City of Dubuque. Iowa Phone: (563) 589-4110 A Buyer Address: 50 West 13th Street Dubuque Iowa 52001 e-mail Address of Property Conveyed: 5000 Old Highway Road Dubuque Iowa 52003 Legal Description: See 1 in Addendum Type of Sale: 0 Sale between related parties/family 0 Sale of partial interest ❑ Trade 0 Quit Claim Deed 0 Auction Was this a sale of AG LAND to: ❑ Corporation 0 Trust 0 Alien 0 Non -Resident Alien 0 Limited Partnership A DECLARATION OF VALUE STATEMENT 1. Total Amount Paid $ 17,877.00 2. Amount Paid for Personal Property (see instructions) $ 3. Amount Paid for Real Property Only (1 minus 2) $ 17,877.00 - I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS DETAILED ON THE ACK OF THIS FORM . [� �} 'S Printed Name: S� e6•--.)(-- .2 % , p\----- Phone #: -50). �/1 - LI �"1 g Signature 1 0 Buyer or 0 Seller or 0 Agent or 0 Attorney PART II - TO BE COMPLETED BY THE ASSESSOR Primary Classification: 0 Res _4_ 0 Com _5_ 0 Ind _2_ 0 Ag _ 1_ 0 MultiRes _7_ City/Township Primary Parcel Number A YearBlt Occ A NUTCI Classification Land Building Dwelling Total Residential Commercial Industrial Agricultural Multi Residential Comments: Effective On or Before 09/01/14 Iowa Department of Revenue Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 97 Isaac Hanna L.L.C. ISBA 57006a (07/23/14) Addendum 1. A parcel of land situated in part of Lot A of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa as shown on the Acquisition Plat attached hereto Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 97 Isaac Hanna L.L.C. . PI?t PAW:. 0 ;:r.1•.:A:L a.>rr:_-. n*CCM, 501 SVC'V SJ111: _FLUU, 10114,: 2703, 319- 237 6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ISAAC HANNA L.L.C. COUNTY PARCEL NO. 1029300022 PROJECT PARCEL NO. 97 FND. REBAR W/ ORANGE CAP NO. LS 15352 FND. REBAR W/ ORANGE CAP NO. LS 15352 ISAAC HANNA SUBDIVISION N LOT 3 LOT 2 PDs \ \ R'5 29 - - " N`GNw Py � U•5• BEARING / DISTANCE 25-1 p\ P.O.B. 1 TO 2 S 71 °25'19" W 37.76 R=37.76' 2 TO 3 N 71 ° 24 ' 22 " W 124.12 R =124.12' 3 TO 4 N 74 ° 47 21 " E 50.98 4 TO 5 S 76° 26 23 " E 101.51 5 TO 1 S 17° 59 28 " E 18.00 GATE SIGNED:12/14/2015 I hereby certify that this Land Surveying document vas prepared by as or under my direct personal supervision and that I am a duly Licensed Land Surveyor unlet t I is/ ,e¢yState of lova. 12�lY-Zots MICHAEL R. FAGLE Date license nunber 8505 My license renewal date is December 31,2016 Pages or sheets covered by this seal: SHE- 7S 1 452 2 OF AECOM Dubuque Southwest Arterial Project No. HDP - 2100 (679)-71-31 Parcel 97 Isaac Hanna L.L.C. 0 FND. REBAR W/ ORANGE CAP NO. LS 15352 LEGEND 447.75' M = MEASURED 447.40' R = RECORD 75 150 225 300 SCALE IN FEET SHEET 1 OF 2 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ISAAC HANNA L.L.C. COUNTY PARCEL NO. 1029300022 PROJECT PARCEL NO. 97 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 97 COUNTY PARCEL NO. 1029300022 A PARCEL OF LAND SITUATED IN PART OF LOT A OF ISAAC HANNA SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT A, WHICH IS ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE SOUTH 71° (DEGREES) 25' (MINUTES) 19" (SECONDS) WEST ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION ON THE SOUTHEASTERLY LINE OF SAID LOT A, ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 37.76 FEET (37.76 FEET RECORD); THENCE NORTH 71°24'22" WEST ON THE SOUTHEASTERLY LINE OF SAID LOT A, ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 124.12 FEET (124.12 FEET RECORD); THENCE NORTH 74°47'21" EAST, 50.98 FEET; THENCE SOUTH 76°26'23" EAST, 101.51 FEET TO THE EASTERLY LINE OF SAID LOT A; THENCE SOUTH 17°59'28" EAST ON THE EASTERLY LINE OF SAID LOT A 18.00 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT 1 OF LOT A OF ISAAC HANNA SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 3,898 SQUARE FEET OR 0.09 ACRE. A COM Dubuque Southwest Arterial Project No. HDP - 2100 (679)-71-31 Parcel 97 Isaac Hanna L.L.C. SHEET 2 OF 2 11 1111 11 11 11 11100 VIIII r Doc ID 008421570007 Type GEN Kind EASEMENT Recorded: 04/22/2016 at 10:14:46 AM Fee Amt: $37.00 Pape 1 of 7 Dubuque County Iowa John Murphy Recorder F11e2016-00004472 Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) GRANT OF TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of TEN ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Pioneers Rest Area LLLP of Dubuque County, State of Iowa, for itself, its successors and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, from the date hereof, a temporary easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A parcel of land situated in part of Lot 3 of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto. Said temporary easement shall be for the purpose of entrance construction and grading (the Work) for the Southwest Arterial Project, and other appurtenances in accordance with the Plans and Specifications currently on file in the office of the City Engineer. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Said easement begins on the date of execution of this Grant of Temporary Construction Easement and shall be null and void upon completion and acceptance of the Work by the City Council. It is understood and agreed that City shall restore the disturbed area due to the construction. To have and to hold unto said for the duration of the Project, and the undersigned does hereby expressly covenant that Pioneers Rest Area LLLP is the owner in fee of said real estate and has good right to execute this agreement, and that City, its agents or contractors, shall at all times during construction have free access to and egress from and over said real estate for the purpose of this easement. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 98 Pioneer 040416baI Page 1 �j� Ciat Dated at Dubuque, Iowa this day of Wit; , 2016. PIONEERS REST AREA LLLP By: aiCO-- E 1 S C Printed Name Its t ✓LA, STATE OF IOWA, NOTARY PUBLIC COUNTY OF DUBUQUE, SS: On this 8 r u day of APR/1— , 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared o.- asa6O to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that he/she executed the same as his/her voluntary act and deed on behalf of Pioneers Rest Area LLLP. "Zmil.p' Notary Public In and For Said State Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 98 Pioneer 040416baI Page 2 RUSSELL N KIEFFER !'!umber 778626 My. Commission Expires May 24, 2019 PRFPARF Li 0Y, M r; 1 31Li. 0E033-3, 621 0ycr.1202E 031-0-3- 0, SUFIS 222, 253031100, 1112(1, 001333, 019 '232-6513 TEMPORARY EASEMENT FOR CONSTRUCTION ENTRANCE AND GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: PIONEERS REST AREA LLLP COUNTY PARCEL NO. 1029300023 PROJECT PARCEL NO. 98 SND„ 4E 13613 VV/ ORANGE / OF NC) LO 15:35? 101 0, i7 AC HANNA SJE.q.) i L .02 SCALE IN FEET 3033030 /130 I I /3030/230,30 1 (7) ----- --0.30, 130 — \ 7 :3 IV.,"ORARY ASE.ME111 L. 01 33 MI'ORARY E: ASFIVEN I 0 01/0 AECOM 1 hereby cer sdy that th!s, i and Suevey teg oncoment was 2:Tes,-ed by ME or orq-JOr my direct. pereonsi supervtstor, and am a du 5 Slbensed Sand Sorveyoo a, she1 5 Sta",a, uf 1000. /1.4f.24,r 213.1. 002, numbe, E3106: Hy 1 :sense renewed date Is ,Iscerdse, 31,20.16 Pages or sheets covered by this seed 51051:: , 20/ 0. OF 3 -IOVIOIL)1 1,/c 9.720 Page 3 F313. RE BAR 6/ ORANGE. CAP NO. LS 3133/2 ----- TE 3 310(3130 7:03 M i'viE 6/6311 L.) 1414 ii)' F:3 131 03,30 SHEET 1 OF 3 PREPARI-C, 2 2: , nEIMM, 501 SYLAM(jiE SIAFF I, UHtr 222: 22IL:P:200,10W,, 50703, "iF; ;,:32 EE -J-31 AECOM TEMPORARY EASEMENT FOR CONSTRUCTION ENTRANCE AND GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: PIONEERS REST AREA LLLP COUNTY PARCEL NO.1029300023 PROJECT PARCEL NO. 98 BEARING / DISTANCE TEMPORARY EASEMENT 1 1 TO 2 5 18 002 ' 41 0 E 12.55 ' 2 TO 3 N 86 ° 36 ' 23 0 W 160.92 ' 3 TO 4 5 810 51 ' 14 " W 98.41 ' 4 TO 5 N 170 59 ' 28 " E 9.29 5 TO 6 R = 675.27 L = 202.76' L = 202.96' RECORD LC = N 8405355" E 201.99' 202.19' RECORD 6 TO 7 S 76 ° 43 ' 58 ° E 41.30 7 TO 1 S 86 ° 29 ' 30 0 E 15.68 ' BEARING / DISTANCE TEMPORARY EASEMENT 2 8 TO 9 N 17 0 59 ' 28 " W 32.40 12 TO 13 9 TO 10 5 84 ° 19 ' 08 " E 78.86 13 TO 11 10 TO 8 5 71 ° 25 ' 19 " W 72.23 ' BEARING / DISTANCE TEMPORARY EASEMENT 3 11 TO 12 S 71 ° 25 ' 19 " W 32.78 ' 12 TO 13 N 49 ° 51 ' 45 ° E 35.38 ' 13 TO 11 5 18 0 02 ' 41 " E 13.00 ' REVISED 11/09/2015 Page 4 SHEET 2 OF 3 1.1 I,, I 'JO) SY(..0,1ACIRI: i , '3111 ..?",?",,, WA[[{( (NJ, -111W4, /C:3, 11', 23? TEMPORARY EASEMENT FOR CONSTRUCTION ENTRANCE AND GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: PIONEERS REST AREA LLLP COUNTY' PARCEL NO. 1029300023 PROJECT PARCEL NO. 98 DESCRIPTION: TEMPORARY EASEMENT 1 PROJECT PARCEL NO. 98 COUNTY PARCEL NO. 1029300023 A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF ISAAC HANNA SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3, WHICH IS ON THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF OLD HIGHWAY ROAD; THENCE SOUTH 18° (DEGREES) 02(MINUTES) 41" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 12.55 FEET; THENCE NORTH 86°36'23" WEST, 160.92 FEET; THENCE SOUTH 81°51'14" WEST, 98.41 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 3; THENCE NORTH 17°59'28" EAST ON THE SOUTHWESTERLY LINE OF SAID LOT 3, A DISTANCE OF 9.29 FEET TO THE NORTHWEST CORNER OF SAID LOT 3; THENCE EASTERLY ON THE NORTHERLY UNE OF SAID LOT 3 ALSO BEING THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF OLD HIGHWAY ROAD BEING A 675.27 -FOOT RADIUS CURVE CONCAVE SOUTHERLY AND HAVING A 201.99 -FOOT (202.19 -FOOT RECORD) LONG CHORD BEARING NORTH 84°53'55" EAST, 202.76 FEET (202.96 FEET RECORD) (ARC LENGTH); THENCE SOUTH 7643'58" EAST ON THE NORTHERLY UNE OF SAID LOT 3 ALSO BEING THE PRESENT SOUTHERLY RIGHT-OF-WAY UNE OF OLD HIGHWAY ROAD, 41.30 FEET; THENCE SOUTH 86°29'30" EAST ON THE NORTHERLY LINE OF SAID LOT 3 ALSO BEING THE PRESENT SOUTHERLY RIGFIT-OF-WAY LINE OF OLD HIGHWAY ROAD, 15.68 FEET TO THE POINT OF BEGINNING. CONTAINING 3,631 SQUARE FEET OR 0.08 ACRE. DESCRIPTION: TEMPORARY EASEMENT 2 PROJECT PARCEL NO. 98 COUNTY PARCEL NO. 1029300023 A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF ISAAC HANNA SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 17° (DEGREES) 59' (MINUTES) 28" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTHWESTERLY LINE OF SAID LOT 3, A DISTANCE OF 32.40 FEET; THENCE SOUTH 84°19'08" EAST, 78.86 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 3 ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE SOUTH 71'25'19" WEST ON THE SOUTHEASTERLY LINE OF SAID LOT 3 ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 72.23 FEET TO THE POINT OF BEGINNING. CONTAINING 1.170 SQUARE FEET OR 0.03 ACRE. DESCRIPTION: TEMPORARY EASEMENT 3 PROJECT PARCEL NO, 98 COUNTY PARCEL NO. 1029300023 A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF ISAAC HANNA SUBDIVISION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 71° (DEGREES) 25' (MINUTES) 19" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTHEASTERLY LINE OF SAID LOT 3 ALSO BEING THE PRESENT NORTHERLY RIGHT-OF- WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 32.78 FEET; THENCE NORTH 49°51'45" EAST, 35.38 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE SOUTH 18°02'41" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING. CONTAINING 213 SQUARE FEET AECOM REVISED 11/09/2015 Page 5 SHEET 3 OF 3 RESOLUTION NO. 131-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM PIONEERS REST AREA LLLP Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Pioneers Rest Area LLLP for the property legally described as: and A parcel of land situated in part of Lot 3 of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18t +, y of April, 2016. Ric W. Jonesr TPro-Tem Attest: Kevin S. Firnstahl, qty CI .rki Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 98 Pioneer STATE OF IOWA CERTIFICATE of tie CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 131-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. Kevin Firnstahl, Cn , City Clerk Parcel No. SOUTHWEST ARTERIAL CLOSING CHECKLIST/STATEMENT 122 Leroy J. Bettcher and Jeanette Bettcher 4490 Dodge Street, Dubuque, Iowa 52003 A parcel of land situated in part of Lot 2 of Lot 2 of Lot 1 of the Southeast'/ of the Southeast'/ and part of Lot 2 of Lot 1 of Lot 2 of Lot 1 of the Southeast '/4 of the Southeast 1/4 all in Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto. Closing Date: April 8, 2016 X Warranty Deed X GHS X DV X Taxes Transfer tax Resolution accepting Easements Property Purchase Price Property Taxes Total Due from Buyer CITY OF DUB By: Due from Seller Due from Buyer $820.86 $25,567.00 $24,746.14 UE, IOWA (BUYER) BETTCHERS (SELLER) Bar A. Lindahl, City Attorney Transfer tax of $39.20 due from City B By: Xdr"- LeroyBettcher 4v- vd Jeanette Bel er Leroy J. Bettcher and Jeanette Bettcher Parcel No. 122 Property Tax Breakdown Taxes $20,018/year Total Lot Area 56,192 sq. feet Total City acquiring 2,988 sq. feet (5.317%) 1st Half of FY15-16 $10,009 @ 5.317% = $532.17 07/01-12/31/15 2nd Half of FY15-16 01/01-04/08/16 99 days $20,018/365 x 99 days = $5,429.54 @ 5.317% = $288.69 Total Taxes Due $820.86 Transfer tax of $39.20 due from City 1 iiiiisi iiieii iii hili oiioi iII1I IIIII hili hili hili heli hili 0iiii isiii ilii ilii Doc ID: 008421470006 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 04/22/2016 at 10:10:42 AM Fee Amt: $77.80 Page 1 of 6 Revenue Tax: $40.80 Dubuque County Iowa John Murphy Recorder F11e2016-00004464 Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Tax Statement to: City of Dubuque, Iowa 50 W. 13th Street Dubuque, IA 52001 WARRANTY DEED For the consideration of Ten Dollars ($10.00) and other good and valuable consideration, Leroy J. Bettcher and Jeanette Bettcher, husband and wife, do hereby convey to the City of Dubuque, Iowa, that part of the following described real estate in Dubuque County, Iowa: A parcel of land situated in part of Lot 2 of Lot 2 of Lot 1 of the Southeast'/ of the Southeast 1/4 and part of Lot 2 of Lot 1 of Lot 2 of Lot 1 of the Southeast % of the Southeast % all in Section 29, Township 89 North, Range 2 East of the 5th RM., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto. The Grantors hereby covenant with grantee, and successors in interest, that they hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and they covenant to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated. Dated this 811aof AP1 L , 2016 at Dubuque, Iowa. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122 Bettcher 040416baI Page 1 519° 01 Chif Leroy J. ettcher d‘anette Bettcher, STATE OF IOWA SS COUNTY OF DUBUQUE On this 87N day of APR/ L. , 2016, before me a Notary Public in and for said County and said State, personally appeared Leroy J. Bettcher and Jeanette Bettcher, husband and wife, to me personally known, who, being by me duly sworn, did say that said instrument was signed by them and that the execution of said instrument was their voluntary act and deed. Notary Public, State of Iowa „IV RUSSELL N KIEFFER Commission Number 778626 * 9 aQ My Commission Expires May 24, 2019 Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122 Bettcher 040416baI Page 2 PREPARED BY; MILHAEL HALLE, AECOM, 651 ...,yc,AmoRE 5141<1< T, surrE /22, WATERLOO, 0045, .50575:1, 31A232.653i ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE couwry,ic)vvik OWNER; LEROY J. AND JEANETTE BETTCHER COUNTY PARCEL NO. 1029477001 PROJECT PARCEL NO. 122 LINE ESTABLISHED FROM STATE PATENT NO. 1197 191<0. 131<. 63, PAGE 560 PART LOT 2-2 SW1/4 5E1/.1 SEC. 29-89-25 FND. R.O.W. RAIL EAST LINE OF LOT 1 OF WEBER ACRES ,--s an. 1 SEC. 29-89-20 FND. MAG NAIL W/WASHER NO. 12631 (5), - FRONTAGE ROAD EpsEMEN'T RESERVATION (50'1 ACCESS „ - .... .. .... ... .............. .. f ...... ...... LOT 2-1-2 5WI/4 5E1/4 SEC. 29-89-2E UTILITY EASEMENT ACCESS EASEMENT FND. 5/8" / REBAR W/CAP NO. 12631 1\188°23'53E 1344.95' DATE SIGNED: 9/24/2015 65115 F "..*? 1 hereby certify that this Land Surveying document vas prepared by me or under my direct personal supervision and that 1 am a duly L nsed Land Surveyor und- the la 5 0 50 State of Iowa. 9-25 MICHAEL R. EAGLE License number 8505 My i 'cense renewal date is December 31,2016 Pages or sheets covered by this seal 541. iI1 I 0151, Date AECOM BEARING /DISTANCE 1 TO 2 N 02 '' 01 ' 25 " W 374.46 2 TO 3 N 71 " 25 I 19 " E 95.16 3 TO 4 .5 06 " 14 ' 39 " E 31.73 4 TO 5 5 71 ° 25 ' 19 " W 97.60 5 TO 2 N 02 " 01 ' 25 " W 32.34 SW COR. / SEI/4 SEI/4 SEC. 29-89-2E END, I 1/4" PIPE Page 3 • SE COR. SEC. 29-89-2E FND. S.C.M. 587°42'57"W 1316.41' SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 0 LEGEND 447.75' M MEASURED 447.40' R . RECORD 50 100 200 300 SCALE IN FEET SHEET 1 OF 2 PREPARED BY, MICHAEL R. EAGLE, FIEC:OM, 601 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA. S�723. 315-232-5531 AECOM ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: LEROY J. AND JEANETTE BETTCHER COUNTY PARCEL NO. 1029477001 PROJECT PARCEL NO. 122 PROJECT DESCRIPTION: FEE SIMPLE ACQUISITION PARCEL NO. 122 COUNTY PARCEL NO, 1029477001 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 AND PART OF LOT 2 OF LOT 1 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 ALL IN SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 87 (DEGREES) 42(MINUTES) 57'' (SECONDS) WEST ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 1316.41 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29, ALSO BEING THE SOUTHWEST CORNER OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29; THENCE NORTH 02°01'25" WEST ON THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 374,46 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 71°25'19" EAST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 A DISTANCE OF 95.16 FEET TO THE WEST LINE OF LOT 1 OF LOT 1 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29; THENCE SOUTH 06°14'39" EAST ON THE WEST LINE OF LOT 1 OF LOT 1 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISATNCE OF 31.73 FEET; THENCE SOUTH 71°25'19" WEST, 97.60 FEET TO THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29; THENCE NORTH 02°01'25" WEST ON THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 32.34 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 2,988 SQUARE FEET OR 0.07 ACRE. Page 4 SHEET 2 OF 2 RESOLUTION NO. 132-16 ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM LEROY J. BETTCHER AND JEANETTE BETTCHER Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bettcher for the property legally described as follows: ; and A parcel of land situated in part of Lot 2 of Lot 2 of Lot 1 of the Southeast % of the Southeast'/ and part of Lot 2 of Lot 1 of Lot 2 of Lot 1 of the Southeast 1/4 of the Southeast 1/4 all in Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric Jo , Mayor Pr Attest: Kevir:'S.`Firnstahl, City Clerk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122 Bettcher STATE OF IOWA CERTIFICATE of tie CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 132-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. „ al 1`' Kevin Firnstahl,tCM City Clerk dtT 11e 41/ 11 11 111111011111 11 11 11 11 11 Doc ID 008421480003 Type: GWH Kind GROUNDWATER HAZARD Recorded: 04/22/2016 at 10:10:57 AM Fee Amt: $0.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder F11e2016-00000544 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Leroy J. Bettcher and Jeanette Bettcher Address 15301 Cedar Ridge Road Dubuque Iowa 52002 Number and Street or RR TRANSFEREE: Name City of Dubuque, Iowa City, Town or P.O. State Zip Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR Address of Property Transferred: 4490 Dodge Street Dubuque Iowa 52003 City, Town or P.O. State Zip Number and Street or RR City, Town or P.O. Legal Description of Property: (Attach if necessary) See 1 in Addendum State Zip 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122 Bettcher 4.1949. 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. X This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. _ There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Transferor or A ent) FILE WITH RECORDER Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122 Bettcher Telephone No.: DNR form 542-0960 (July 18, 2012) Addendum 1. A parcel of land situated in part of Lot 2 of Lot 2 of Lot 1 of the Southeast'/ of the Southeast '/ and part of Lot 2 of Lot 1 of Lot 2 of Lot 1 of the Southeast % of the Southeast '/ all in Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122 Bettcher 11 1 11 1 11 1 11 REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT Date of Instrument A Deed _1 ® Contract _ 2 ❑ A SELLER: Leroy J. Bettcher and Jeanette Bettcher Seller Address: 15301 Cedar Ridge Road Dubuque Iowa 52002 BUYER: City of Dubuque, Iowa Phone• (563) 583-0116 e-mail. lsww13@aol.com Phone: (563) 589-4110 A Buyer Address. 50 West 13th Street Dubuque Iowa 52001 e-mail. Address of Property Conveyed: 4490 Dodge Street Dubuque Iowa 52003 Legal Description: See 1 in Addendum Type of Sale: ❑ Sale between related parties/family 0 Sale of partial interest❑ Trade 0 Quit Claim Deed 0 Auction Was this a sale of AG LAND to: 0 Corporation 0 Trust 0 Alien p0 Non -Resident Alien 0 Limited Partnership A DECLARATION OF VALUE STATEMENT 1. Total Amount Paid $ 25,567.00 2. Amount Paid for Personal Property (see instructions) $ 3. Amount Paid for Real Property Only (1 minus 2) $ 25,567.00 A I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF TI -HS FORM IS TRUE AND CORRECT AS DETAILED ON THE BACK OF THIS FORM . Printed Nam Signature Phone #: 0 Buyer or 0 Seller or 0 Agent or 0 Attorney PART II - TO BE COMPLETED BY THE ASSESSOR Primary Classification: ❑ Res _4_ 0 Com _5 0 Ind _2_ 0 Ag _ 1_ 0 MultiRes _7_ City/Township Primary Parcel Number A YearBlt Occ NUTC A Classification Land Building Dwelling Total Residential Commercial Industrial Agricultural Multi Residential Comments: Effective On or Before 09/01/14 Iowa Department of Revenue Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122 Bettcher ISBA 57006a (07/23/14) Addendum 1. A parcel of land situated in part of Lot 2 of Lot 2 of Lot 1 of the Southeast 1/ of the Southeast '/ and part of Lot 2 of Lot 1 of Lot 2 of Lot 1 of the Southeast % of the Southeast all in Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122 Bettcher JIII 11 0 11 11 111 Doc ID 008421490006 Type GEN Kind DEED WITH RESOLUTION Recorded: 04/22/2016 at 10:11:38 AM Fee Amt: $37.00 Page 1 of 6 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2016_00004465 ©THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 106 - August 2013 Barry A. Lindahl THIS FORM, CONSULT YOUR LAWYER Return To: Barry A. Lindahl 300 Main Street, Suite 330 Dubuque, IA 52001 (563) 583-4113 Preparer: Barry A. Lindahl 300 Main Street, Suite 330 Dubuque, IA 52001 (563) 583-4113 Taxpayer: City of Dubuque, Iowa 50 West 13th Street Dubuque, IA 52001 EXII"IPTION IOWA is $500 or For the consideration of R & M Quality Investments, QUIT CLAIM DEED CODE 428A. 2 (21) ,'Deeds in w1ah consideration less. one Dollar(s) and other valuable consideration, LLC do hereby Quit Claim to the City of Dubuque Iowa all our right, title, interest, estate, claim and demand in the following real A parcel of land situated in part of Lot 2 of Lot 2 of Lot 1 part of Lot 2 of Lot 1 of Lot 2 of Lot 1 of the Southeast % Township 89 North, Range 2 East of the 5th P.M. City of Iowa, as more particularly shown on the Acquisition Plat Each of the undersigned hereby relinquishes all rights to the real estate. Words and phrases herein, including acknowledgment singular or plural number, and as masculine or feminine gender, Dated: 54 -.61— / & estate in Dubuque County, Iowa: of the Southeast % of the Southeast'/ and of the Southeast % all of Section 29, Dubuque, County of Dubuque, State of exhibit attached hereto of dower, homestead and distributive share in and hereof, shall be construed as in the according to the context. R &M Quail Investments, LLC by. ,v ----- -n. (Grantor) / f (Grantor) (Grantor) (Grantor) (Grantor) (Grantor) STATE OF /01,414 , COUNTY OF 6 v5l SUE This record was acknowledged TErF ) R. Am,b before me this 8 Tit/ day of 4 fat L , 2D9 to , by 61Q.5 ---_ RUSSELL N KIEFFER 0.oy `� Commission Number 778626 z ;L . My Commission Expires 1141. May 24, 2019 Signature of Notary Public (This form of acknowledgment for individual grantor(s) only) Dubuque Southwest Arterial Project No. HDP -2100(679)--71-31 Parcel 122 Bettcher 040416baI pv 51, PDCkitAi Cite Lt_ 951 501..49092 519201 -,LI. E 222, ta/11'F,.11200,. 1.194, 521255, -212 1531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: LEROY J. AND JEANETTE BETTCHER COUNTY PARCEL NO. 1029477001 PROJECT PARCEL NO. 122 R.O.W. LINE ESTABLISHED FRQS1 STATE PATENT N0. 1 197 REC. BK. 63, PAGE 560 PART LOT 2-2 SWI/4. SEI/4 SEC. 29-89-2E l\ O FND. R.O.W. RAIL FRONTAGE ROAD II ACcE55 EASEMENT RESE.RVATION .150') EAST LINE OF LOT I OF WEBER ACRES — 5 COR. SEC. 29-89-2E FND. MAG NAIL W/WASHER NO, 12631 LOT 2-1-2 SWI/4 SEI/4 SEC. 29-89-25 UTILITY EASEMENT ACCESS EASEMENT FND. 5/8" REBAR W/CAP NO. 12631 SW CUR. 5E1/4 SE1/4 SEC. 29-89-2E FND. I I/4" PIPE BEARING / DISTANCE 1 TO 2 N 02 " 01 25 " W 374.46 2 TO 3 N 71 ° 25 19 " E 95.16 3 TO 4 5 06° 14'39" E 31.73 4 TO 5 5 71 ° 25 19 " W 97.60 5 TO 2 N 02 " 01 ' 25 " W 32.34 DATE SIGNEDe9/24/2015 1 hereby certtry that this Land Surveying document was prepared by me or under My direct personal supervision and that I am a duly LI nsed Land Surveyor undzr the ,slays p0 th State or Iowa. MICHAEL R. FAGLE f Date License number 6505 My I lcense renewal date Is December 71,2 016 Pages or sheets covered by this seal: '.iH F "', 1 ..1011 r 01 e N- S thwest Arterial Project No. HDP -2100(679)--71-31 ettcher 0- 6bal SE COR. ----, SEC. 29-89-2E FND. S.C,M. 587°42'57"W 1316.41' SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 0 LEGEND 447,75' M = MEASURED 447.40' R = RECORD 50 100 200 300 SCALE IN FEET SHEET 1 OF 2 PREPARED 3Y1 MICHAEL R. FABLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO. 1052, 50703. 319.232 -5531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: LEROY J. AND JEANETTE BETTCHER COUNTY PARCEL. NO. 1029477001 PROJECT PARCEL NO. 122 PROJECT DESCRIPTION: FEE SIMPLE ACQUISITION PARCEL NO. 122 COUNTY PARCEL NO. 1029477001 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 AND PART OF LOT 2 OF LOT 1 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 ALL IN SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOVVA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 87° (DEGREES) 42(MINUTES) 57" (SECONDS) WEST ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 1316.41 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29, ALSO BEING THE SOUTHWEST CORNER OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29; THENCE NORTH 02°0125 WEST ON THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 374.46 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 71'2519' EAST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 A DISTANCE OF 95.16 FEET TO THE WEST LINE OF LOT 1 OF LOT 1 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29; THENCE SOUTH 061439" EAST ON THE WEST LINE OF LOT 1 OF LOT 1 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISATNCE OF 31.73 FEET; THENCE SOUTH 71'25'19" WEST, 97.60 FEET TO THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29; THENCE NORTH 02°01'25' WEST ON THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 32.34 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE STH P.M., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 2,988 SQUARE FEET OR 0.07 ACRE, xetuthwest Arterial Project No. HDP -2100(679)--71-31 ettcher 040416ba1 SHEET 2 OF 2 RESOLUTION NO. 133-16 ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM R & M QUALITY INVESTMENTS, LLC Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bettcher for the property legally described as: A parcel of land situated in part of Lot 2 of Lot 2 of Lot 1 of the Southeast'/ of the Southeast 1/4 and part of Lot 2 of Lot 1 of Lot 2 of Lot 1 of the Southeast '/ of the Southeast'/ all of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto ; and Whereas, R & M Quality Investments, LLC is a tenant; and Whereas, the City is required to obtain a release of the Tenant's rights; and Whereas, R & M Quality Investments, LLC has released its rights with the attached Quit Claim Deed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Quit Claim Deed from R & M Quality Investments, LLC attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Dubuque Southwest Arterial Project No. HDP -2100(679)--71-31 Parcel 122 Bettcher/R&MQualitylnvestments Passed, approved and adopted this 18th day of April, 2016. Attest: Kevin $. Firnstahl, y Clerk Ric ' Jones,yor Pro -Tem Dubuque Southwest Arterial Project No. HDP -2100(679)--71-31 Parcel 122 Bettcher/R&MQualitylnvestments CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 133-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. Kevin( S. Firnstah(, CI\A , City Clerk Il 0II 011011 1111 r 11 11 Doc ID 008421580006 Type GEN Kind: EASEMENT Recorded: 04/22/2016 at 10:15:06 AM Fee Amt: $32.00 Pape 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2016-00004473 Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113) GRANT OF TEMPORARY CONSTRUCTION EASEMENT For and in consideration of the sum of TEN ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Leroy J. Bettcher and Jeanette Bettcher, husband and wife, of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, from the date hereof, a temporary easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A parcel of land situated in part of Lot 2 of Lot 2 of the Southwest % of the Southeast % and in part of Lot 2 of Lot 2 of Lot 1 of the Southeast % of the Southeast'/ all in Section 29, Township 89 North, Range 2 East of the 5th RM., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto. Said temporary easement shall be for the purpose of entrance construction (the Work) for the Southwest Arterial Project, and other appurtenances in accordance with the Plans and Specifications currently on file in the office of the City Engineer. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Said easement begins on the date of execution of this Grant of Temporary Construction Easement and shall be null and void upon completion and acceptance of the Work by the City Council. It is understood and agreed that City shall restore the disturbed area due to the construction. To have and to hold unto said for the duration of the Project, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that City, its agents or contractors, shall at all Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher 040416baI Page 1 j)O0 ica CLt L times during construction have free access to and egress from and over said real estate for the purpose of this easement. Dated at Dubuque, Iowa this i3l i day of A PRA L , 2016. nette Bettcher NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this BT A day of / Pgo , 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Leroy J. Bettcher and Jeanette Bettcher, husband and wife, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. evi Notary Public In and For Said State Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher 040416baI Page 2 aya ' L RUSSELL N KIEFFER o �� Commission Number 778626 z �� r.. My Commission Expires low May 24, 2019 PREIYETAFIT BY: MICHAEL. S. EAGLE, AECOM, 501 SYCAMORE: STEiEEI, SUITE 222, WATERLOO, 10146, 521703, 2I2-212 -6531 TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: LEROY J. AND JEANETTE BUTCHER COUNTY PARCEL NO. 1029453001 PROJECT PARCEL NO.122a R.O.W. LINE ESTABLISHED FROM STATE PATENT NO, 1197 REC. 87. 63, PAGE 560 PART LOT 2-2 SWI/4 SEI/4 SEC. 29-89-2E _ C2) FND. \ RAIL EAST LINE OF LOT I OF WEBER ACRES (..5) FRONTAGE ROAD ACC.SS U6EME‘ql LOT 2-1-2 8 SWI/4 SEI/4 SEC. 29-89-20 S COR. I SEC. 29-89-2E 690, 9/00 NAIL W/WASHER NO. 12631 UTILITY EASEMENT ACCESS EASEMENT FND. 5/8" REBAR W/CAP NO. 12631 RESERVATION (50') 1 16 2116 ' V) 0 _J ,---- SW COR. / SEI/4 SE1/4 / SEC. 29-89-20 NO. I 1/4" PIPE BEARING / DISTANCE 1 TO 2 N 02 ' 01 ' 48 " W 369.25 2 TO 3 5 71 * 25 ' 19 " W 220.70 3 TO 4 5 02 ° 57 ' 15 " E 27.00 4 TO 5 14 71 ° 25 ' 19 " E 85.54 5 TO 6 5 26 ' 25 ' 19 " W 33.94 6 TO 7 5 71 ° 25 ' 19 ' W 53.00 7 TO 8 5 04 " 32 ' 31 " 0 41,23 8 TO 9 5 71' 25 ' 19 " W 16.44 9 TO 4 N 02 ° 57 '15 " W 66,46 N88°23'53"E 1344.95' DATE SIGNED: 10/05/2015 8110 ....... I hereby certiry that this Land Surveying document was prepared by me or under my dIrect personal supervIslon and that I am a duty L nsed Land Surveyor und the 1 F State or Iowa. /1 MICHAEL R. EAGLE L !cense number 8505 My lIcense renewal date is December 31.2016 Pages or sheet,. covered by this seal: 6117710 I AND 2 37 2 Date AECOM Page 3 0 SE COR. SEC. 29 -B9 -2E FND. S.C.M. S87°42'57"W 316.41' LEGEND 447.75' M = MEASURED 447.40' R RECORD 50 100 200 300 SCALE IN FEET SHEET 1 OF 2 PREPARED BY: Mtcri:TE1 a#EC:CM, $EI 22622202E STREET, SUITE 222, W2TEERL0CJ, 012, 107693,. 311-23%4, TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER; LEROY J. AND JEANETTE BE1TCHER COUNTY PARCEL NO. 1029453001 PROJECT PARCEL NO. 122❑ PROJECT DESCRIPTION: TEMPORARY EASEMENT PARCEL NO. 122A COUNTY PARCEL NO. 1029453001 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF LOT 2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND IN PART OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 ALL IN SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 87° (DEGREES) 42' (MINUTES) 57" (SECONDS) WEST ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 1316.41 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29, ALSO BEING THE SOUTHWEST CORNER OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29; THENCE NORTH 02°01'48" WEST ON THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 369.25 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE SOUTH 71°25'19" WEST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 220.70 FEET TO THE NORTHEAST CORNER OF LOT 1 OF WEBER ACRES; THENCE SOUTH 02°57'15" EAST ON THE EAST LINE OF LOT 1 OF WEBER ACRES, 27.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 71°25'19" EAST, 85.54 FEET; THENCE SOUTH 26°25'19" WEST, 33.94 FEET; THENCE SOUTH 71°25'19" WEST, 53.00 FEET; THENCE SOUTH 04°32'31" EAST, 41.23 FEET; THENCE SOUTH 71°25'19" WEST, 16.44 FEET TO THE EAST LINE OF LOT 1 OF WEBER ACRES; THENCE NORTH 02°57'15" WEST ON THE EAST LINE OF WEBER ACRES, 66.46 FEET TO THE POINT OF BEGINNING. CONTAINING 2,479 SQUARE FEET OR 0.06 ACRE. AECOM Page 4 SHEET 2 OF 2 RESOLUTION NO. 134-16 ACCEPTING -=A._GRANT OF TEMPORARY CONSTRUCTION EASEMENT—FOR THE SOUTHWEST ARTERIAL PROJECT FROM LEROY J. BETTCHER AND JEANETTE BETTCHER Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bettcher for the property legally described as follows: ; and A parcel of land situated in part of Lot 2 of Lot 2 of the Southwest % of the Southeast % and in part of Lot 2 of Lot 2 of Lot 1 of the Southeast % of the Southeast'/ all in Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Attest: Passed, approved and adopted this 18t •a; of Aprii 2016. Kevin °Firnstahl, City erk Ric W. Jones, Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher yor Pro- em CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 134-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. Kevin irnstahl, C ", City Clerk Parcel No. SOUTHWEST ARTERIAL CLOSING CHECKLIST/STATEMENT 122A Leroy J. Bettcher and Jeanette Bettcher 4406 Dodge Street, Dubuque, Iowa 52003 A parcel of land situated in part of Lot 2 of Lot 2 of the Southwest'/ of the Southeast '/ of Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto. Closing Date: April 8, 2016 X Warranty Deed X GHS X DV X Taxes Transfer tax Resolution accepting Easements Property Purchase Price Due from Seller Due from Buyer $45,538.00 Property Taxes $1,143.15 Total Due from Buyer $44,394.85 CITY OF DU QUE, IOWA (BUYER) BETTCHERS (SELLER) t -Z/7 By: By: Barry A. Lindahl, City Attorney Transfer tax of $72.80 due from City Leroy Bettcher Jeanette Bettcher Leroy J. Bettcher and Jeanette Bettcher Parcel No. 122A Property Tax Breakdown Taxes $15,094/year Total Lot Area 58,370 sq. feet Total City acquiring 5,732 sq. feet (9.820%) 1st Half of FY15-16 $7,547 @ 9.820% = $741.12 07/01-12/31/15 2nd Half of FY15-16 01/01-04/08/16 99 days $15,094/365 x 99 days = $4,093.99 @ 9.820% = $402.03 Total Taxes Due $1,143.15 Transfer tax of $72.80 due from City 11111111111111111111111111111111111111111111111110111111111111111111 Doc ID: 008421500006 Type: GEN Kind DEED WITH RESOLUTION Recorded: 04/22/2016 at 10:12:11 AM Fee Amt: $109.80 Page 1 of 6 Revenue Tax: $72.80 Dubuque County Iowa John Murphy Recorder F11e2016-00004466 Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Tax Statement to: City of Dubuque, Iowa 50 W. 13th Street Dubuque, IA 52001 WARRANTY DEED For the consideration of Ten Dollars .($10.00) and other good and valuable consideration, Leroy J. Bettcher and Jeanette Bettcher, husband and wife, do hereby convey to the City of Dubuque, Iowa, that part of the following described real estate in Dubuque County, Iowa: A parcel of land situated in part of Lot 2 of Lot 2 of the Southwest % of the Southeast % of Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto. The Grantors hereby covenant with grantee, and successors in interest, that they hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and they covenant to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated. Dated this BTH of APR% L , 2016 at Dubuque, Iowa. Leroy J. Bettcher anette Bettcher Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher 040416ba1 Page 1 0v 579° U Clef IL STATE OF IOWA SS COUNTY OF DUBUQUE On this 7'H day of 4P2/ L , 2016, before me a Notary Public in and for said County and said State, personally appeared Leroy J. Bettcher and Jeanette Bettcher, husband and wife, to me personally known, who, being by me duly sworn, did say that said instrument was signed by them and that the execution of said instrument was their voluntary act and deed. 14 Notary Public, State of Iowa es`1 0 z .144 orrs RUSSELL N KIEFFER Commission Number 778626 My Commission Expires May 24, 2019 Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher 040416baI Page 2 PREPARED 8Y: MICHAEL R. EAGLE, RECON,- 501 SYCAMORE STREET,SUITE 222, WATERLOO, 1040, 50733, 319-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL. CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: LEROY J. AND JEANETTE BETTCHER COUNTY PARCEL NO. 1029453001 PROJECT PARCEL NO. 122a R.O.W. LINE ESTABLISHED FROM STATE PATENT N0. 1197 REC. BK. 63, PAGE 560 PART LOT 2-2 SWI/4 SEI/4 SEC. 29-89-26 FND. R.O.W. —t RAIL EAST LINE OF LOT 1 OF WEBER ACRES RESERVATION (50') - -FRONTAGE ROAD U s ACCESS EASEMENT 9 COR. SEC. 29-89-2E FND. MAG NAIL W/WASHER NO. 12631 LOT 2-1-2 SWI/4 361/4 SEC. 29-89-2E UTILITY EASEMENT ACCESS EASEMENT FND. 5/8" REBAR W/CAP NO. 12631 BEARING / DISTANCE 1 TO 2 N 02 ° 01. ' 25 " W 369.25 2 TO 3 5 02 ° 01 ' 25 " E 2712 ' 3 TO 4 5 71° 25 ' 19 " W 220.24' 4 TO 5 N 02 ° 57 ' 15 " W 27.00 ' 5 TO 2 9 71° 25'19 " E 220.70' SW COR. lSEI/4 561/4 j SEC.29-89-2E j FND. I 1/4" PIPE N88°23'53"E 1344.95' REVISED AND SIGNED: 9/24/2015 1 hereby cert try that this Land Surveying document was prepared by me or under my direct personal super is Ion and that I am a duly LI nsed Land Surveyor uncl�thtpg1'� tate of Iowa. 2'-2Ars'" MICHAEL R. FAGLE Date License -number 6 05 My I lcense renewal date Is December 31,2016 Pages or sheets covered by this sea I: SHEETS 1 AND 2 00 2 A COM Page 3 _ 587°42'57"W 1316.41' SE COR. SEC. 29-89-26 FND. S.C.M. SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 0 LEGEND 447.75' M MEASURED 447.40' R = RECORD 50 100 200 300 SCALE IN FEET SHEET 1 OF 2 PREPAREl7 PY, MICHAEL R.rnDLE. NECUm, 501 SYCAMORE STREET, SLATE 222. WATERLOO, IOWA, 50703, 319-232-0831 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: LEROY J. AND JEANLI IE BETTCHER COUNTY PARCEL NO. 1029453001 PROJECT PARCEL NO. 122a PROJECT DESCRIPTION: FEE SIMPLE ACQUISITION PARCEL NO. 122A COUNTY PARCEL NO. 1029453001 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF LOT 2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 87° (DEGREES) 42' (MINUTES) 57" (SECONDS) WEST ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 1316.41 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29, ALSO BEING THE SOUTHWEST CORNER OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29; THENCE NORTH 02°01'25" WEST ON THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 369.25 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 02°01'25" EAST ON THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 27,12 FEET; THENCE SOUTH 71°25'19" WEST, 220.24 FEET TO THE EAST LINE OF LOT 1 OF WEBER ACRES; THENCE NORTH 02°57'15" WEST ON THE EAST LINE OF LOT 1 OF WEBER ACRES, 27.00 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE NORTH 71°25'19" EAST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 220,70 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF 2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P. M., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 5,732 SQUARE FEET OR0.13 ACRE. AECOM Page 4 SHEET 2 OF 2 RESOLUTION NO. 135-16 ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM LEROY J. BETTCHER AND JEANETTE BETTCHER Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bettcher for the property legally described as follows: ; and A parcel of land situated in part of Lot 2 of Lot 2 of the Southwest'/ of the Southeast '/ of Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 18t day of April, 2016. Ric W. Jones, ayor Pro -Tem Attest: Kevin S. irnstat1I,City wl`erk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 135-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. 4009 Kevin ' Firnstahl, —MC, C ty Clerk VIII 1111 111 11 11 01 10011 111111 11 Doc ID. 008421510004 Type GWH Kind: GROUNDWATER HAZARD Recorded: 04/22/2016 at 10:12:27 AM Fee Amt: $0.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder File2016-00000545 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Leroy J. Bettcher and Jeanette Bettcher Address 15301 Cedar Ridge Road Dubuque Iowa 52002 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 4506 Dodge Street Dubuque Iowa 52003 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) A parcel of land situated in part of Lot 2 of Lot 2 of the Southwest % of the Southeast % of Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto 1. Wells (check one) X There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher 010/4,-00 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) All buildings on this property are served by a public or semi-public sewage disposal system. X This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. _ There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Transferor q+F Agent) FILE WITH RECORDER Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher Telephone No.: DNR form 542-0960 (July 18, 2012) PREPARED BY.: MICHAEL R. 00GLE, 14000M, 901 SYCAMORE 5TREET, SUITE 222, WATERLOO, 10419, 5070.3, 319-232-5531. ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: LEROY J. AND JEANETTE BETTCHER COUNTY PARCEL NO. 1029453001 PROJECT PARCEL NO.122a R.O.W. LINE ESTABLISHED FROM STATE PATENT NO. 1197 REC. BK. 63, PAGE 560 PART LOT 2-2 591/4 SEI/4 SEC. 29-89-2E J - FND. R.0.W. -, RAIL �4Y EAST LINE OF LOT I OF WEBER ACRES 5 COR. SEC. 29-89-2E FND. MAO NAIL W/WASHER NO. 12631 -TFRONTAGE ROAD ACCESS EASE.MENT RESERVATION. (50') LOT 2-1-2 SWI/4 5E1/4 SEC. 29-89-2E UT IL I TY EASEMENT ACCESS EASEMENT FND. 5/8" REBAR 141/CAP NO, 12631 Uw s, m VI 0, _ N N N 1- o SW COR. SEI/4 SEI/4 SEC. 29-89-2E END. I 1/4" PIPE N88°23'53"E 1344.95' REVISED AND SIGNED: 9/24/2015 1 hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly Lt nsed Land Surveyor un t�tate of Iowa. 4 2 -2orS" MICHAEL R. EAGLE Date License number 8705 My Ikens, renewal date is December 31 2016 Pages or sheets covered by this seal: SHEETS I AMID 2 OF 2 AECOM Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher L N BEARING / DISTANCE 1 TO 2 N 02 °01'25" W 369.25' 2 TO 3 1 02' 01 ' 25 " E 27.12 3 TO 4 S 71 ° 25 ' 19 " W 22024 4 TO 5 N 02 ° 57 ' 15 " W 27.00 5 TO 2 N 71 ° 25 ' 19 " E 220.70 SE 29. — SEC. 29-89-2E FND, S.C.M. S87°42'57"W 1316.41' SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 0 LEGEND 447.75' M = MEASURED 447.40' R = RECORD 50 100 200 300 SCALE IN FEET A SHEET 1 OF 2 PREPARED g'.' ml t. R, Fa2LE, AECOtt, 501 SvcsMDRE STREET, SUITE 222, WATERLOO, IOWF,, 50703, 319-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: LEROY J. AND JEANEI IE BETTCHER COUNTY PARCEL NO. 1029453001 PROJECT PARCEL NO. 122a PROJECT DESCRIPTION: FEE SIMPLE ACQUISITION PARCEL NO. 122A COUNTY PARCEL NO. 1029453001 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF LOT 2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P, M., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 87° (DEGREES) 42' (MINUTES) 5T (SECONDS) WEST ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 1316.41 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29, ALSO BEING THE SOUTHWEST CORNER OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29: THENCE NORTH 02°01'25" WEST ON THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 369.25 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 02°0125" EAST ON THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 27,12 FEET; THENCE SOUTH 71°25'19" WEST, 220,24 FEET TO THE EAST LINE OF LOT 1 OF WEBER ACRES; THENCE NORTH 02°57'15" WEST ON THE EAST LINE OF LOT 1 OF WEBER ACRES, 27.00 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE NORTH 71°25'1.9" EAST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U,S. HIGHWAY 20, A DISTANCE OF 220,70 FEET TO THE POINT OF BEGINNING, HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF 2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 5,732 SQUARE FEET OR 0.13 ACRE. AECOM Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher SHEET 2 OF 2 11 1 1 11 11 1 11 REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT Date of Instrument. Deed _1 IN Contract _ 2 ❑ A SELLER: Leroy J. Bettcher and Jeanette Bettcher Seller Address: 15301 Cedar Ridge Road Dubuque Iowa 52002 BUYER• City of Dubuque, Iowa Phone• (563) 583-0116 e-mail• 1sww13@ao1.com A Phone: (563) 589-4110 Buyer Address: 50 West 13th Street Dubuque Iowa 52001 e-mail Address of Property Conveyed: 4506 Dodge Street Dubuque Iowa 52003 Legal Description: See 1 in Addendum Type of Sale: ❑ Sale between related parties/family ❑ Sale of partial interest ❑ Trade ❑ Quit Claim Deed ❑ Auction Was this a sale of AG LAND to: 0 Corporation 0 Trust 0 Alien p0 Non -Resident Alien 0 Limited Partnership AL DECLARATION OF VALUE STATEMENT $ 45,538.00 1. Total Amount Paid 2. Amount Paid for Personal Property (see instructions) $ 3. Amount Paid for Real Property Only (1 minus 2) $ 45,538.00 A I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS DETAILED ON THE BACK OF THIS FORM . Printed Name: Signature Phone #: 0 Buyer or ❑ Seller or ❑ Agent or ❑ Attorney PART II - TO BE COMPLETED BY THE ASSESSOR Primary Classification: 0 Res _4_ ❑ Com 5_ 0 Ind _2_ 0 Ag _ 1_ 0 MultiRes _7_ City/Township A Primary Parcel Number A YearBlt Occ NUTC Classification Land Building Dwelling Total Residential Commercial Industrial Agricultural Multi Residential Comments: Effective On or Before 09/01/14 Iowa Department of Revenue Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher ISBA 57006a (07/23/14) Addendum 1. A parcel of land situated in part of Lot 2 of Lot 2 of the Southwest '/ of the Southeast '/ of Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher PREPARED BY: MICHAEL R. FAGLE. AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703. 319-232-6531 R.O.W. LINE ESTABLISHED FROM STATE PATENT N0. 1197 REC. BK. 63, PAGE 560 PART LOT 2-2 SWI/4 SEI/4 SEC. 29-89-2E FND. R.O.W. RAIL \4i EAST LINE OF LOT 1 OF WEBER ACRES ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: LEROY J. AND JEANETTE BETTCHER COUNTY PARCEL NO. 1029453001 PROJECT PARCEL NO. 122a S COR. SEC. 29-89-2E FND, MAG NAIL W/WASHER N0. 12631 - -FRONTAGE ROAD ACCESS EASEMENT RESERVATION (501 LOT 2-1-2 SWI/4 SEI/4 SEC. 29-89-2E UTILITY EASEMENT ACCESS EASEMENT FND. 5/8" REBAR W/CAP N0. 12631 BEARING /DISTANCE 1 TO 2 N 02 ' 01 25" W 369.25 ' 2 TO 3 S 02.01'25 " E 27.12' 3 TO 4 S 71'25'19" W 220.24' 4 TO 5 N 02.57'1.5" W 27.00' 5 T02 N 71'25'19" E 220.70' SW COR. SEI/4 SEI/4 SEC. 29-89-2E FND. 1 I/4` PIPE SE COR. -. SEC. 29-89-2E FND. S.C.M. N88°23'53`E 1344.95' REVISED AND SIGNED: 9/24/2015 •G lE , 5505 I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a3} duly LIi sed Land Surveyor 0;7 th I s gfytlyl�tate of lova. MICHAEL R. EAGLE Date License number 8 05 My license renewal date is December 31.2016 Pages or sheets covered by this seal: SFEFIS 10011 7 Cr ? AECOM Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher `---S87°42'57"W 1316.41' SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 0 LEGEND 447.75' M = MEASURED 447.40' R = RECORD 50 100 200 300 SCALE IN FEET SHEET 1 OF 2 PREPARED 3'[. r1ICHAE:. R. FAiLE., AECOM, 501 SYCAMORE STRE[T, SUITE 222, WATERLOO, IOWA, 50701 315-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: LEROY J. AND JEANETTE BETTCHER COUNTY PARCEL NO, 1029453001 PROJECT PARCEL NO. 122a PROJECT DESCRIPTION: FEE SIMPLE ACQUISITION PARCEL NO. 122A COUNTY PARCEL NO. 1029453001 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF LOT 2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH RM., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 87° (DEGREES) 42' (MINUTES) 57" (SECONDS) WEST ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 1316.41 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29, ALSO BEING THE SOUTHWEST CORNER OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29; THENCE NORTH 02°01'25" WEST ON THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 369.25 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 02°01'25" EAST ON THE WEST LINE OF LOT 2 OF LOT 2 OF LOT 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 A DISTANCE OF 27.12 FEET; THENCE SOUTH 71°25'19" WEST, 220.24 FEET TO THE EAST LINE OF LOT 1 OF WEBER ACRES; THENCE NORTH 02°57'15" WEST ON THE EAST LINE OF LOT 1 OF WEBER ACRES, 27.00 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE NORTH 71°25'19" EAST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 220.70 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF 2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 5,732 SQUARE FEET OR 0.13 ACRE. AECOM Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 122a Bettcher SHEET 2 OF 2