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Southwest Arterial Property Acquisition - Broughton, Althofer, Link, Menard Copyright 2014 City of Dubuque Consent Items # 23. ITEM TITLE: Southwest Arterial Property Acquisitions SUMMARY: City Manager recommending approval of resolutions accepting Grants of Easements and Deeds to three properties acquired for the Southwest Arterial Project owned by Bob Broughton Investments, Inc.; Arthofer Properties, LLC; Link Properties, LLC; and Menard, Inc. RESOLUTION (4)Accepting Grants of Temporary Easements and Deeds 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 69 Broughton Arthofer Link- Resolution Resolutions Accepting Grant of Easement Parcel 115 Menard Inc. - Resolution Accepting Grant of Resolutions Easements Parcel 117 Bob Broughton Inestments, Inc. - Resolutions Resolution Accepting Grant of Easement Parcel 117 Bob Broughton Inestments, Inc. - Resolutions Resolution Accepting Warranty Deed 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 Acquisition — May 16, 2016 City Council Agenda DATE: May 12, 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 the following properties: 1. Parcel 69/Bob Broughton Investments, Inc./Arthofer Properties LLC/Link Properties LLC • Resolution Accepting Grant of Temporary Easement; 2. Parcel 115/Menard Inc. • Resolution Accepting Grant of Temporary Easements; 3. Parcel 117/Bob Broughton Investments, Inc. • Resolution Accepting Grant of Temporary Easement; • Resolution Accepting Deed I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael 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: May 12, 2016 RE: Southwest Arterial Property Acquisitions — May 16, 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 the following resolutions accepting Grants of Easements and Deeds to these properties: 1. Parcel 69/Bob Broughton Investments, Inc./Arthofer Properties LLC/Link Properties LLC • Resolution Accepting Grant of Temporary Easement; 2. Parcel 115/Menard Inc. • Resolution Accepting Grant of Temporary Easements; 3. Parcel 117/Bob Broughton Investments, Inc. • Resolution Accepting Grant of Temporary Easement; • Resolution Accepting Deed I recommend that the resolutions be submitted to the City Council for consideration. BAL:tIs Attachment cc: Gus Psihoyos, City Engineer Bob Schiesl, Assistant City Engineer F:\USERS\tsteckle\Lindahl\Southwest Arterial Condemnations\MVM_PropertyAcquisitions_051616Agenda_051216.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org //II/III!!/I/I///II///II/I/II!!!IJIII/IJI/!III!II/I//Ij//II//Iijjjiijijijjiii ell ioai Doc ID: 008437580009 Type: GEN Kind: EASEMENT Recorded: 05/18/2016 at 02:47:15 PM Fee Amt: $47.00 Page 1 of 9 Dubuque County Iowa John Murphy Recorder File2016-00005797 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, Bob Broughton Investments, Inc. Arthoffer Properties, LLC Link Properties, LLC 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 within Lot 5 of Westside Commercial Park, 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 constructing a retaining wall and entrance (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. Parcel 69 -Westside Court 032216baI 6a,Oly 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 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 23/CA day of /vd i4 /2-C 1f , 2016. BOB BROUGHTON INVESTMENTS, INC. By: i, r-tt1 IA%6Wb1) NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 23124 day of ,1 12--"H , 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared og�'R.,7 ,e®2 -e) 117a , 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 his/her voluntary act and deed on behalf of RUSSELL N KIEFFER Commission Number 778626 My Commission Expires Ma 24 2016 2 911 Notary Public In and For Said State ARTHOFER PROPERTIES, LLC By:/a � NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 2,3'-i day of f1 4 , 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared tvbitez. P71 -lo , 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 his/her voluntary act and deed on behalf of ARTHOFER PROPERTIES, LLC. RUSSELL N KIEFFER Commission Number 778626 My Commission Expires low P May 24, 2016 LINK PROPERTIES, LLC By: 14 Notary Public In and For Said State i\)bf ,EW L1l NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 2,324 day of ,9iZCifis , 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared ociAiD L�� t_®�/�. , 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 his/her voluntary act and deed on behalf of,RTS IOITfl PROPERTIES, LLC. L irk RUSSELL N KIEFFER Commission Number 778626 My Commission Expires May 24, 2016 3 Notary Public In and For Said State \)•5• TE I vl TEMPORARY EASEMENT FOR RETAINING WALL AND ENTRANCE CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA STATE OF IOWA, 1/4 INT. LINK PROPERTIES LLC, 1/4 INT. ROBERT E. BROUGHTON 1/4 INT, ARTHOFER PROPERTIES LLC, 1/4 INT. COUNTY PARCEL NO, 1032128008 PROJECT PARCEL NO, 69 TEMPORARY EASEMENT 1 LOT 5 WESTS I DE COMMERCIAL PARK TEMPORARY EASEMENT 2 LOT 1 OF S IEGERT S PLACE. THIRD ADD I T I ON P 0 TE 2 E0) LOT 1 —1 DF APTHOFER' S SKYLINE ADD 1 T ION BEARING / DISTANCE TEMPORARY EASEMENT 1 1 TO 2 N 60 " 45 ' 43 '' E 51.28 2 TO 3 R = 125.00 5 56 ° 28 ' L = 26.24 E LC = S 5002831" E 8 TO 9 26.20 3 TO 4 S 56 ' 28 ' 15 " E 0.78 4 TO 5 S 60 ° 56 ' 30 '' W 54.43 5 TO 1 R = 175.00' 15 0 L = 25.85 57.92 LC = N 44°1648° W 25.83 DATE. SIGNED z 10/05/2015 , HAGA 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 under th I es o he State of Iowa. /a -0,C.266— a. Dale L icense number 8505 My I icense renewal date is December 31,20 16 Pages or sheets covered by this seal: ',If I IS I Ali Ili 2 AECOM LOT 6 WESTS IDE COMMERC 1AL PARK BEARING / DISTANCE TEMPORARY EASEMENT 2 6 TO 7 N 33 ° 31 ' 45 " E 50.00 7 TO 8 5 56 ° 28 ' 15 " E 57.92 8 TO 9 R = 50.00' LC= 5 67 026' 340 E L.= 85.57 75.50 9 TO 10 5 82 ° 33 ' 26 " W 98.17 10 TO 6 N 56 ° 28 ' 15 0 W 57.92 LEGEND 447.75' M = MEASURED 417.40' R = RECORD 0 40 80 160 SCALE IN FEET 4 SHEET 1 OF 2 TEMPORARY EASEMENT FOR RETAINING WALL AND ENTRANCE CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA STATE OF IOWA, V4 INT. LINK PROPERTIES LLC, V4 INT. ROBERT E. BROUGHTON V4 INT. ARTHOFER PROPERTIES LLC, V4 INT. COUNTY PARCEL NO. 1032128008 PROJECT PARCEL NO. 69 PROJECT DESCRIPTION: TEMPORARY EASEMENT 1 PARCEL NO. 69 COUNTY PARCEL NO. 1032128008 A PARCEL OF LAND SITUATED IN PART OF LOT 5 OF WESTSIDE COMMERCIAL PARK, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF SAID LOT5; THENCE NORTH 60° (DEGREES) 45' (MINUTES) 43" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTHWESTERLY LINE OF SAID LOT 5 ALSO BEING THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 51.28 FEET TO THE NORTHERLY MOST CORNER OF SAID LOT 5; THENCE SOUTHEASTERLY ON THE NORTHEASTERLY LINE OF SAID LOT 5 BEING A 125.00 -FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND HAVING A 26.20 -FOOT LONG CHORD BEARING SOUTH 50°28'31" EAST, 26.24 FEET (ARC LENGTH); THENCE SOUTH 56"28'15" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 5, A DISTANCE OF 0.78 FEET; THENCE SOUTH 60°56'30" WEST, 54.45,FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 5; THENCE NORTHWESTERLY ON THE SOUTHWESTERLY LINE OF SAID LOT 5 BEING A 175.00 -FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND HAVING A 25.83 - FOOT LONG CHORD BEARING NORTH 44°16'48" WEST, 25,85 FEET (ARC LENGTH) TO THE POINT OF BEGINNING. CONTAINING 1,317 SQUARE FEET OR 0.03 ACRE. PROJECT DESCRIPTION: TEMPORARY EASEMENT 2 PARCEL NO. 69 COUNTY PARCEL NO. 1032128008 A PARCEL OF LAND SITUATED IN PART OF LOT 5 OF WESTSIDE COMMERCIAL PARK, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF LOT 1 OF LOT 1 OF ARTHOFER'S SKYLINE ADDITION WHICH IS ON THE SOUTHWESTERLY LINE OF SAID LOT 5; THENCE NORTH 33° (DEGREES) 31' (MINUTES) 45" (SECONDS) EAST, 50.00 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTH 56"28'15" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 5, A DISTANCE OF 57.92 FEET; THENCE EASTERLY AND SOUTHEASTERLY ON THE NORTHEASTERLY LINE OF SAID LOT 5 BEING A 50.00 -FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 75.50 -FOOT LONG CHORD BEARING SOUTH 67°26'34" EAST, 85.57 FEET (ARC LENGTH); THENCE SOUTH 82°33'26" WEST, 98.17 FEET TO THE SOUTH WESTERLY LINE OF SAID LOT 5; THENCE NORTH 56"28'15" WEST ON THE SOUTHWESTERLY LINE OF SAID LOT 5, A DISTANCE OF 57.92 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. THE NORTHEASTERLY LINE OF SAID LOT 5 IS ASSUMED TO BEAR SOUTH 56°28'15° EAST FOR THE PURPOSE OF THIS DESCRIPTION. CONTAINING 5,650 SQUARE FEET OR 0.13 ACRE. AECOM 5 SHEET 2 OF 2 Prepared by Barry A. Lindahl, Esq., 300 Main St. Suite 330 Dubuque IA 52001 563-583-4113 Return to Kevin S. Firnstahl 50 W. 13th St. Dubuque IA 52001 563-589-4100 RESOLUTION NO. 189-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM BOB BROUGHTON INVESTMENTS, INC., ARTHOFER PROPERTIES, LLC, AND LINK PROPERTIES, LLC Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Bob Broughton Investments, Inc., Arthofer Properties LLC, and Link Properties LLC for the property legally described as: A parcel of land situated in part of Lot 5 of Westside Commercial Park, City of Dubuque, County of Dubuque, State of Iowa as more particularly 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 16th day of ;May, 2016. Roy D. Bu,c l', Mayor Attest: Kevin. Firnstahl, Gity Clerk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 69 — Broughton Arthoffer Link 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. 189-16 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 17th day of May, 2016. Kevi S. Firnstahl, CMk ity Clerk PREPARED BY, MICHAEL COM, FAN SYCAMORE STREET, SLWIE 222, WA TERLOO, IOWA, 50703, 319222623 TEMPORARY EASEMENT FOR RETAINING WALL AND ENTRANCE CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA STATE OF IOWA, 1/4 INT. LINK PROPERTIES LLC, V4 INT. ROBERT E. BROUGHTON V4 INT. ARTHOFER PROPERTIES LLC, 1/4 INT. COUNTY PARCEL NO. 1032128008 PROJECT PARCEL NO. 69 TEMPORARY EASEMENT 1 39 --LOT 5 WESTS IDE COMMERC I AL PARK P.0.5, TE TEMPORARY EASEMENT 2 LOT 1 OF I EGERT S PLACE TI4IIID ADD I T ION P.D.B. TE 2 LOT 1-1 OF ARTHOFER' S SKY NE ADDITION BEARING / DISTANCE TEMPORARY EASEMENT 1 1 TO 2 N 60 * 45 ' 43 " E 51.28 2 TO 3 R = 125.00 S 56 * 28 L=26.24 E LC =S 502831" E 8 TO 9 26.20 3 TO 4 S 56 28 ' 15 " E 0.78 4 TO 5 S 60 * 56 ' 30 " W 54.43 5 TO 1 R = 175.00" ' 15 " L=25.85 57.92 LC = N 441648" W 25.83 DATE SIGNED: 10/05/2015 _ OVal FAGIE 3505 I hereby certgry that than Land Surveymq document was prepared by me or under my direct personal supervision and that I am a duly Ltcensed Land Surveyor under th he State or Iowa. 11 PI(,HAEL FAGL4 Date L !cense number EISDS Hy license renewal date Is December 31.2016 Pages or sheets covered by this seal: yir.'F;S , AND 2 UF 2 ASCOM LOT 6 WESTS IDE COMMERCIAL PARK BEARING / DISTANCE TEMPORARY EASEMENT 2 6 TO 7 N 33 " 31 ' 45 ' E 50.00 7 TO 8 S 56 * 28 ' 15 " E 57.92 8 TO 9 R=50.00' LC= S 67 '26' 34" E L=85.57 75.50 9 TO 10 5 82 * 33 ' 26 ' W 98.17 10 TO 6 N 56 * 28 ' 15 " W 57.92 LEGEND 447.75' M MEASURED 447.40' R = RECORD 0 40 80 160 SCALE IN FEET SHEET 1 OF 2 mICHAEL FACL . AECOM, l "ti CA DRE �; `!"+t.=. `, LJITE 22.?, YJr"=..T RL2O, .`NFA, aN '22, 31-:,.23_'.531 TEMPORARY EASEMENT FOR RETAINING WALL AND ENTRANCE CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA STATE OF IOWA, V4 INT. LINK PROPERTIES LLC, V4 INT. ROBERT E, BROUGHTON V4 WT. ARTHOFER PROPERTIES LLC, V4 INT. COUNTY PARCEL NO. 1032128008 PROJECT PARCEL NO. 69 PROJECT DESCRIPTION; TEMPORARY EASEMENT 1 PARCEL NO. 69 COUNTY PARCEL NO, 1032128008 A PARCEL OF LAND SITUATED IN PART OF LOT 5 OF WESTSIDE COMMERCIAL PARK, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF SAID LOTS; THENCE NORTH 60° (DEGREES) 45' (MINUTES) 43" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTHWESTERLY LINE OF SAID LOT 5 ALSO BEING THE PRESENT SOUTHERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY 20, A DISTANCE OF 5128 FEET TO THE NORTHERLY MOST CORNER OF SAID LOT 5; THENCE SOUTHEASTERLY ON THE NORTHEASTERLY LINE OF SAID LOT 5 BEING A 125.00 -FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND HAVING A 26.20 -FOOT LONG CHORD BEARING SOUTH 502821" EAST, 26.24 FEET (ARC LENGTH); THENCE SOUTH 56°28'15" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 5, A DISTANCE OF 0,78 FEET; THENCE SOUTH 60°56`30" WEST, 54.45 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 5; THENCE NORTHWESTERLY ON THE SOUTHWESTERLY LINE OF SAID LOT 5 BEING A 175.00 -FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND HAVING A 25.83 - FOOT LONG CHORD BEARING NORTH 44°16'48" WEST, 25.85 FEET (ARC LENGTH) TO THE POINT OF BEGINNING. CONTAINING 1,317 SQUARE FEET OR 0.03 ACRE. PROJECT DESCRIPTION: TEMPORARY EASEMENT 2 PARCEL NO. 69 COUNTY PARCEL NO. 1032128008 A PARCEL OF LAND SITUATED IN PART OF LOT 5 OF WESTSIDE COMMERCIAL PARK, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF LOT 1 OF LOT 1 OF ARTHOFER'S SKYLINE ADDITION WHICH IS ON THE SOUTHWESTERLY LINE OF SAID LOT 5; THENCE NORTH 33° (DEGREES) 31' (MINUTES) 45" (SECONDS) EAST, 50.00 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTH 56°28'15" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 5, A DISTANCE OF 57.92 FEET; THENCE EASTERLY AND SOUTHEASTERLY ON THE NORTHEASTERLY LINE OF SAID LOT 5 BEING A 50.00 -FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 75.50 -FOOT LONG CHORD BEARING SOUTH 67°26'34' EAST, 85.57 FEET (ARC LENGTH); THENCE SOUTH 82°33'26" WEST, 98,17 FEET TO THE SOUTH WESTERLY LINE OF SAID LOT 5; THENCE NORTH 56°2815" WEST ON THE SOUTHWESTERLY LINE OF SAID LOT 5, A DISTANCE OF 57.92 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED. THE NORTHEASTERLY LINE OF SAID LOT 5 IS ASSUMED TO BEAR SOUTH 5628`15" EAST FOR THE PURPOSE OF THIS DESCRIPTION. CONTAINING 5,650 SQUARE FEET OR 0.13 ACRE. A C©M SHEET 2 OF 2 i �i 111112111111111131111111111113lii Doc ID: 008437560013 Type: GEN Kind: EASEMENT Recorded: 05/18/2016 at 02:43:02 PM Fee Amt: $67.00 Page 1 of 13 Dubuque County Iowa John Murphy Recorder F1102016-00005795 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 EASEMENTS For and in consideration of the sum of TEN ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Menard Inc., 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, temporary easements 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 Siegert's Place Fourth, City of Dubuque, County of Dubuque, State of Iowa, as more particularly described in the Temporary Easement exhibit attached hereto. Said temporary easements shall be for the purpose of constructing for the Southwest Arterial Project for entrance construction and grading as shown on the Temporary Easement exhibits (the Work) in accordance with the Plans and Specifications currently on file in the office of the City Engineer. Said easements shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. At no time during the construction project, including but not limited to the construction of the entrances to the Menard property, shall both entrances to the Menard property be closed to public traffic and that Menards shall at all times have access to a public road for ingress / egress. Said easements 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. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 115 — Menards 040116bal PAGE 1 To have and to hold unto said Grantee for the duration of the Work or until April 15, 2018, whichever shall occur first, and the undersigned does hereby expressly covenant that Menard, Inc. is the owner in fee of said real estate and has good right to execute this agreement subject to the easements and encumbrances of record, 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 these easements. Ea r C41'if G.i Dated at this / day of ,4,o,- r/ , 2016. MENARD INC. Bv: Tiv0 n J S Q l 1=511 -Fe Mcm�.P f Printed Name NOTARY PUBLIC STATE OF WISCONSIN, COUNTY OF EAU CLAIRE, SS: nr / On this ' day of rr 1 , 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Titenvi 7= #3-er9 , to me known to be the identical l 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 Menard Inc. Notary Publ. In and For Said State it17 %r PwmaN Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 115 — Menards 040116bal PAGE 2 OWNER° IOWA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT PLOT PLAN PARCEL NO.: 115 . 11/10/2015 MENARD, INC. SECTION- 32 T 89 N—R SCALEeI"- 200' CITY OF DUBUQUE 2 E. W.D. OR EASEMENT LINE: ACCESS LOCATION POINT: PROPERTY LINE: LEGEND >14 1 •/1262+68 r140 i•/ q220' Ex. R/ Cy, cjJ./ 1261+87 220' Ex. R/ /' 0 1262+68 e/. 1261+87 16262' TEMPORARY EASEMENT TO CONSTRUCT ENTRANCE 3129 SF = 0.07 AC. a" 1258+54 FL220'±± Ex. 5/8 /SS�r TEMPORARY EASEMENT TO CONSTRUCT ENTRANCE 4077 SF = 0.09 AC. 1258+00 1256+97,1± Ex. R/W 4' 1255+20 16220'± Ex. R/W TEMPORARY EASEMENT FOR GRADING 14588 SF = 0.33 AC. 1253+72.6± Ex. R/W 16220' 1253+01.4± Pro. Line E 431' 11.9 COUNTY- DUBUQUE COUNTY PROJECT NO° HDP -2100(679)--71-31 PAGE 3 P.O.B. TE I PR(IPMREB 8Y MICth3EL 1. F ALM 111, ME1C10n1, 11301 SYCAMORE 5 UREEI, SLI FE 222, WATERLOO, IOWA, 50703, 313-232-6531 TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION AND FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA MENARD INC CORPORATE ACCOUNTING COUNTY PARCEL NO. 1032128015 PROJECT PARCEL NO. 115 P.O.B. TE 3 P.O.B. TE 2 0 0 <29 SI EGERT'S PLACE FIFTH ADDITION LOT 3 DATE SIGNED: {0/05/2015 0 TEMPORARY EASEMENT 2 TEMPORARY EASEMENT I 0 I 8505 j 1 hereby certify that this Land Surveying document was prepared by me or under rny direct personal supervision and that I am a duly Licensed Land Surveyor t a the State or Iowa. Ad- 0S -3D16- MICHAEL R. FA1 Date License number 8505 My license renewal date Is December 31.2016 Pages or sheets covered by this seal 51•15:E15 I , 2 3 AND 4 Or 4 ACOM SIEGERT'S PLACE THIRD ADDITION LOT I LOT 1-1 TEMPORARY EASEMENT 3 LOT 2 LOT 2-1 ARTHOFER'S SKYLINE ADDITION SIEGERT'S PLACE FOURTH .ADD T ION PAGE 4 0 LOT 6 NOTE: SEE SHEET 2 OF 3 FOR BEARINGS AND DISTANCES LEGEND 4,47.75' M r MEASURED 447.40' R RECORD 125 250 500 SCALE IN FEET SHEET 1 OF 4 , STREF , wi.) 50701, 11':1- •:32-E-.5,,,.} TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION AND FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA MENARD INC CORPORATE ACCOUNTING COUNTY PARCEL NO. 1032128015 PROJECT PARCEL NO. 115 BEARING / DISTANCE TEMPORARY EASEMENT 1 1 TO 2 R = 2644.79 R = 2645.00 ' RECORD 216.66' RECORD L = 136.09 ' R =2645.00 ' RECORD E 85.11 85.10' RECORD LC = Ni 3201454" E N 01 ° 32 ' 09 " 136.08 ' 107.19' RECORD 2 TO 3 S 15 ° 53 ' 19 " E 286.32 ' R = 2644.79' LC = N 47°5220" E L = 90.78 90.78 3 TO 1 N 430 17 ' 17 " W 220.22 42.00 9106 BEARING / DISTANCE TEMPORARY EASEMENT 2 1 TO 4 R = 2644.79' LC = N 33°0724" E L = 216.89 216.83 R = 2645.00 ' RECORD 216.66' RECORD L= 216.73' RECORD 4 TO 5 N 88 ° 34 ' 42 " E 85.11 85.10' RECORD 5 TO 6 N 01 ° 32 ' 09 " W 37.87 107.19' RECORD 6 TO 7 N 01 ° 32 ' 09 " W 69.34 R = 2645.00 ' RECORD 7 TO 8 R = 2644.79' LC = N 39°2509" E R = 2644.79' LC = N 47°5220" E L = 90.78 90.78 R = 2645.00 ' RECORD R = 2645.00 ' RECORD 8 TO 9 S 01 ° 48 ' 22 " E 66.18 42.00 9106 5 38 ° 17 ' 38 " W 93.38 73.59 BEARING / DISTANCE TEMPORARY EASEMENT 3 1 TO 4 R = 2644.79' LC = N 33°0724" E L = 216.89 216.83 R = 2645.00 ' RECORD 216.66' RECORD L= 216.73' RECORD 4105 N 88 ° 34 ' 42 " E 85.11 85.10' RECORD 5 TO 7 N 01 ° 32 ' 09 " W 107.21 107.19' RECORD 7 TO 10 R = 2644,79' LC = N 42°4457" E L= 398.21 397.83 R = 2645.00 ' RECORD 10 TO 11 R = 2644.79' LC = N 47°5220" E L = 74.78 74,78 R = 2645.00 ' RECORD 11 TO 12 S 410 19 ' 04 " E 42.00 12 TO 13 5 470 52 ' 20 " W 73.59 13 TO 10 N 42 ° 56 ' 16 " W 42.00 AECOM PAGE 5 SHEET 2 OF 4 rCi t _noM, di „C.','v i1l >THU .;;) it 1. wc, ,(Y, Ir TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION AND FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA MENARD INC CORPORATE ACCOUNTING COUNTY PARCEL NO. 1032128015 PROJECT PARCEL NO. 115 DESCRIPTION: TEMPORARY EASEMENT 1 PROJECT PARCEL NO.115 COUNTY PARCEL NO. 1032128015 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF SIEGERT'S PLACE FOURTH, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF SAID LOT 2; THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 BEING A 2644.79 - FOOT (2645.00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 136.08 -FOOT LONG CHORD BEARING NORTH 32° (DEGREES) 14' (MINUTES) 03" (SECONDS) EAST, 136.02 FEET (ARC LENGTH); THENCE SOUTH 15°53'19" EAST, 286.32 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 2; THENCE NORTH 43°17'17 WEST ON THE SOUTHWESTERLY LINE OF SAID LOT 2, A DISTANCE OF 220.22 FEET TO THE POINT OF BEGINNING. THE SOUTHWESTERLY LINE OF SAID LOT 2 IS ASSUMED TO BEAR NORTH 43°17'17" WEST FOR THE PURPOSE OF THIS DESCRIPTION, CONTAINING 14,588 SQUARE FEET OR 0.33 ACRE. DESCRIPTION: TEMPORARY EASEMENT 2 PROJECT PARCEL NO.115 COUNTY PARCEL NO. 1032128015 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF SIEGERT'S PLACE FOURTH ADDITION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF SAID LOT 2; THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 BEING A 2644.79 - FOOT (2645.00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 216.83 -FOOT (216.66 -FOOT RECORD) LONG CHORD BEARING NORTH 33° (DEGREES) 07' (MINUTES) 24" (SECONDS) EAST, 216.89 FEET (216.73 FEET RECORD) (ARC LENGTH); THENCE NORTH 88°34'42" EAST ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 85.11 FEET (85.10 FEET RECORD); THENCE NORTH 01°32'09" WEST ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 37.87 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 01°32'09" WEST ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 69.34 FEET; THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 BEING A 2644.79 -FOOT (2645.00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 90.78 -FOOT LONG CHORD BEARING NORTH 39°25'09" EAST, 90.78 FEET (ARC LENGTH); THENCE SOUTH 01°48'22" EAST, 66.18 FEET; THENCE SOUTH 38°17'38" WEST, 93.38 FEET TO THE POINT OF BEGINNING. THE SOUTHWESTERLY LINE OF SAID LOT 2 IS ASSUMED TO BEAR NORTH 43°1717" WEST FOR THE PURPOSE OF THIS DESCRIPTION, CONTAINING 4,077 SQUARE FEET OR 0.09 ACRE. AECOM PAGE 6 SHEET 3 OF 4 Nlil I -Ail LI t!7 71 .Fu1CL. It. AGLE, ALCOM, 501 SYCAMORE 31 FEI, SUFE 222, WATT RL L10, ICA Wt., 52703, 317 TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION AND FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA MENARD INC CORPORATE ACCOUNTING COUNTY PARCEL NO. 1032128015 PROJECT PARCEL NO. 115 DESCRIPTION: TEMPORARY EASEMENT 3 PROJECT PARCEL N0.115 COUNTY PARCEL NO. 1032128015 3i A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF SIEGERT'S PLACE FOURTH ADDITION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF SAID LOT 2; THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF- WAY LINE OF U.S. HIGHWAY 20 BEING A 2644.79 -FOOT (2645.00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 216.83 -FOOT (216.66 -FOOT RECORD) LONG CHORD BEARING NORTH 33° (DEGREES) 07' (MINUTES) 24" (SECONDS) EAST, 216.89 FEET (216.73 FEET RECORD) (ARC LENGTH); THENCE NORTH 88°34'42" EAST ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 85.11 FEET (85.10 FEET RECORD); THENCE NORTH 01°32'09" WEST ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 107.21 FEET (107.19 FEET RECORD); THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 BEING A 2644.79 -FOOT (2645.00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 397.83 -FOOT LONG CHORD BEARING NORTH 42°44'57" EAST, 398.21 FEET (ARC LENGTH) TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 BEING A 2644.79 -FOOT (2645.00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 74.78 -FOOT LONG CHORD BEARING NORTH 47°52'20" EAST, 74.78 FEET (ARC LENGTH); THENCE SOUTH 41°19'04" EAST; 42.00 FEET; THENCE SOUTH 47°52'20° WEST, 73.59 FEET; THENCE NORTH 42°56'16" WEST, 42.00 FEET TO THE POINT OF BEGINNING. THE SOUTHWESTERLY LINE OF SAID LOT 2 IS ASSUMED TO BEAR NORTH 43°17'17" WEST FOR THE PURPOSE OF THIS DESCRIPTION. CONTAINING 3,129 SQUARE FEET OR 0.07 ACRE. AECOM PAGE 7 SHEET 4 OF 4 Prepared by Barry A. Lindahl, Esq., 300 Main St. Suite 330 Dubuque IA 52001 563-583-4113 Return to Kevin S. Firnstahl 50 W. 13th St. Dubuque IA 52001 563-589-4100 RESOLUTION NO. 190-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE SOUTHWEST ARTERIAL PROJECT FROM MENARD INC. Whereas, the City of Dubuque entered into an agreement for the purchase of easements for the Southwest Arterial Project with Menard Inc. for the property legally described as: A parcel of land situated in part of Lot 2 of Siegert's Place Fourth Addition, City of Dubuque, County Of Dubuque, State of Iowa as more particularly 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 Easements attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easements with the Dubuque County Recorder. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol,/layor Attest: Kevin t.` Firnstahl, City Cle k Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 115 — Menard Inc. STATE OF IOWA CERTIFICATE of the 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. 190-16 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 17th day of May, 2016. Kevin S. Firnstahl, C C, Clerk PREPARED BY: WCHAEI. R,PAGLE, AECOM, 501 SYCAMORE STREET, STATE 22.2, WATERLOO, IOWA, 50703, 319.232-6533 TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION AND FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA MENARD INC CORPORATE ACCOUNTING COUNTY PARCEL NO. 1032128015 PROJECT PARCEL NO. 115 TE 3 0 P.O.B. TE 0 0 SIEGERT'S PLACE FIFTH ADDITION LOT 3 DATE SIGNED: 10/05/2015 13 TEMPORARY EASEMENT 2 TEMPORARY EASEMENT I I hereby certtfy that thts Land Surveytng document vas prepared by me or under my direct personal supervision and that I am a duty Licensed Land Surveyor m6'und t the State of lava. .14.0S*T0/6'. MICHAEL R., FA Date License number 8505 My I icense renewal date is December 31,2016 Pages or sheets covered by this seal: 006515 I, 2, 3 AO 4 Or 4 AECOM SI EGERT'S PLACE THIRD ADDITION LOT I 12 TEMPORARY EASEMENT 3 LOT 2 LOT I-1 LOT 2-1 ARTHOFER'S SKYLINE ADDITION S I EGERT'S PLACE FOURTH .ADDITION LOT NOTE: SEE SHEET 2 OF 3 FOR BEARINGS AND DISTANCES LEGEND 447.75' M MEASURED 447.40' R RECORD 0 125 250 500 SCALE IN FEET SHEET 1 OF 4 'PARED Ey„,rEHEIET R, FACIE, AECOM, 501 SYCAMORE S MEET , SUITE 222, 'WATERLOO, IOWA, Y.50703, 2I;-232 -GOA TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION AND FOR GRADIN6 SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA MENARD INC CORPORATE ACCOUNTING COUNTY PARCEL NO. 1032128015 PROJECT PARCEL NO. 115 BEARING / DISTANCE TEMPORARY EASEMENT 1 1 TO 2 R = 2644.79' L. 216.89 216.83 L. 136.09 ' R = 2645.00 ' RECORD N 88 ° 34 ' 42 " E 85.11 LC = N 32°14'54” E 136.08 ' W 37.87 2 TO 3 S 15 ° 53 ' 19 " E 286.32 ' R =2645.00 ' RECORD 3 TO 1 N 43 ° 17 ' 17 " W 220.22 ' 10 70 11 LC = N 39°25'09" E BEARING / DISTANCE TEMPORARY EASEMENT 2 1 TO 4 R . 2644.79 LC -. N 33°0724" E L. 216.89 216.83 R .2645,00 ' RECORD 216.66' RECORD L=216.73' RECORD 4 TO 5 N 88 ° 34 ' 42 " E 85.11 85,10' RECORD 5 TO 6 N 01 ° 32 ' 09 " W 37.87 107,19' RECORD 6 TO 7 N 01 ° 32 ' 09 " W 69.34 R =2645.00 ' RECORD 7 TO 8 , R =2644,79' L.90,78 R = 2645.00 ' RECORD 10 70 11 LC = N 39°25'09" E 90.78 R = 2645.00 ' RECORD 8 TO 9 5 01 ° 48 ' 22 " 6 66.18 9 TO 6 5 38 ° 17 ' 38 " W 93.38 BEARING / DISTANCE TEMPORARY EASEMENT3 1 TO 4 R=2644.79* LC = N 33°07'24" E L. 216.89 216.83 R = 2645.00 ' RECORD 216.66' RECORD I. = 21.6.73' RECORD 4 TO 5 N 88 * 34 ' 42 " E 85.11 85,10' RECORD 5 TO 7 N 01 ' 32 ' 09 " W 107.21 107,19' RECORD 7 70 10 R = 2644.79' L= 398.21 R =2645.00 ' RECORD LC = N 4244'57" 6 397.83 10 70 11 8=2644.79' L. 74.78 R = 2645.00 ' RECORD LC = N 47°52'20" E 74.78 11 TO 12 5 41 ° 19 ' 04 " E 42.00 12 TO 13 S 47 ° 52 20 " W 73.59 13 TO 10 N 42 ° 56 ' 16 " W 42,00 A=COM SHEET 2 OF 4 fEP R,r_ (, r. iC•-.. ..:w . ,-rl c •tf 20 ..-. : �`si GG. 1000, 50 200, 010 232 TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION AND FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA MENARD INC CORPORATE ACCOUNTING COUNTY PARCEL NO. 1032128015 PROJECT PARCEL NO. 115 DESCRIPTION: TEMPORARY EASEMENT 1 PROJECT PARCEL NO.115 COUNTY PARCEL NO. 1032128015 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF SIEGERT'S PLACE FOURTH, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF SAID LOT 2; THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 BEING A 2644.79- FOOT (2645.00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 136.08 -FOOT LONG CHORD BEARING NORTH 32° (DEGREES) 14' (MINUTES) 03' (SECONDS) EAST, 136.02 FEET (ARC LENGTH); THENCE SOUTH 15°53'19" EAST, 286.32 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 2, THENCE NORTH 43°17'17" WEST ON THE SOUTHWESTERLY LINE OF SAID LOT 2, A DISTANCE OF 220.22 FEET TO THE POINT OF BEGINNING. THE SOUTHWESTERLY LINE OF SAID LOT 2 IS ASSUMED TO BEAR NORTH 43°17'17" WEST FOR THE PURPOSE OF THIS DESCRIPTION, CONTAINING 14,588 SQUARE FEET OR 0.33 ACRE. DESCRIPTION: TEMPORARY EASEMENT 2 PROJECT PARCEL NO.115 COUNTY PARCEL NO. 1032128015 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF SIEGERT'S PLACE FOURTH ADDITION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF SAID LOT 2; THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 BEING A 2644.79 - FOOT (2645.00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 216.83 -FOOT (216.66 -FOOT RECORD) LONG CHORD BEARING NORTH 33" (DEGREES) 07' (MINUTES) 24" (SECONDS) EAST, 216.89 FEET (216.73 FEET RECORD) (ARC LENGTH); THENCE NORTH 88°34'42" EAST ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 85.11 FEET (85.10 FEET RECORD); THENCE NORTH 01°32'09" WEST ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 37.87 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 01°32'09" WEST ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 69.34 FEET; THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 BEING A 2644.79 -FOOT (2645,00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 90.78 -FOOT LONG CHORD BEARING NORTH 39°25'09" EAST, 90.78 FEET (ARC LENGTH); THENCE SOUTH 01048'220 EAST, 66.18 FEET; THENCE SOUTH 38°17'38" WEST, 93.38 FEET TO THE POINT OF BEGINNING. THE SOUTHWESTERLY LINE OF SAID LOT 2 IS ASSUMED TO BEAR NORTH 43°17'17 WEST FOR THE PURPOSE OF THIS DESCRIPTION. CONTAINING 4,077 SQUARE FEET OR 0.09 ACRE. AECOM SHEET 3 OF 4 PREPARED fISR MICHAEL H. EAGLE. AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO. IOWA, 52723, TEMPORARY EASEMENT FOR ENTRANCE CONSTRUCTION AND FOR GRADING SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA MENARD INC CORPORATE ACCOUNTING COUNTY PARCEL NO. 1032128015 PROJECT PARCEL NO. 115 DESCRIPTION: TEMPORARY EASEMENT 3 PROJECT PARCEL N0.115 COUNTY PARCEL NO. 1032128015 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF SIEGERTS PLACE FOURTH ADDITION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF SAID LOT 2; THENCE NORTHEASTERLY ON THE NORTHWESTERLY UNE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF- WAY UNE OF U.S, HIGHWAY 20 BEING A 2644.79 -FOOT (2645.00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 216.83 -FOOT (216,66 -FOOT RECORD) LONG CHORD BEARING NORTH 33° (DEGREES) 07' (MINUTES) 24" (SECONDS) EAST, 216.89 FEET (216.73 FEET RECORD) (ARC LENGTH); THENCE NORTH 88°34'42" EAST ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 85.11 FEET (85.10 FEET RECORD); THENCE NORTH 01°32'09" WEST ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 107.21 FEET (107.19 FEET RECORD); THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 BEING A 2644.79 -FOOT (2645.00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 397.83 -FOOT LONG CHORD BEARING NORTH 42°44'57" EAST, 39821 FEET (ARC LENGTH) TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTHEASTERLY ON THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY 20 BEING A 2644.79 -FOOT (2645.00 -FOOT RECORD) RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING. A 74.78 -FOOT LONG CHORD BEARING NORTH 47°52'20" EAST, 74.78 FEET (ARC LENGTH); THENCE SOUTH 41°19'04" EAST; 42.00 FEET; THENCE SOUTH 47°52'20" WEST, 73.59 FEET; THENCE NORTH 42°5616" WEST, 42.00 FEET TO THE POINT OF BEGINNING. THE SOUTHWESTERLY LINE OF SAID LOT 2 IS ASSUMED TO BEAR NORTH 43°17'17" WEST FOR THE PURPOSE OF THIS DESCRIPTION. CONTAINING 3,129 SQUARE FEET OR 0.07 ACRE. AECOM SHEET 4 OF 4 Doc ID: 008437570008 Type: GEN Kind: EASEMENT Recorded: 05/18/2016 at 02:43:36 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder F11e2016-00005796 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, Bob Broughton Investments, Inc., 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, 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 SIEGERT'S PLACE THIRD ADDITION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, As more particularly described in the Temporary Easement exhibit attached hereto. Said temporary easement shall be for the purpose of constructing for the Southwest Arterial Project as shown on the Temporary Easement exhibit (the Work) 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 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 Work, and the undersigned does hereby expressly covenant that Bob Broughton Investments, Inc. is the owner in fee of said real estate and has good right to execute this agreement, Parcel 117 — Bob Broughton Investments, Inc. PAGE 1 11,x° Cuti [(_ 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 these easements. Dated at Dubuque, Iowa this ,J day of , 2016. BON BROUGHTON INVESTMENTS, INC. By R,LA ,(L) U.tril\Akav-) Printed Name NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of 1.40-e/..\--,2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared -OCC, �y y , 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 Bob Broughton Investments, Inc. BARRY A. I.INDAHL GOMMISs►mn Num et X7515 4MY Gomm. Exp. 1 PAGE 2 Ntary Public In and For Said State PREPARED BY MICHAEL R. FAGLE,, AECOM, 501 SYCAMORE STREET, SUITE 222, WA FERLOQ, IOWA, 50703, 319-232-6531 TEMPORARY EASEMENT FOR RETAINING WALL CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: BOB BROUGHTON INVESTMENTS COUNTY PARCEL NO. 1032128009 PROJECT PARCEL NO. 117 7 LOT 5 WESTSIDE COMMERCIAL PARK (WESTSIDE COURT) LOT 1-1 LA] LOT 2 6 LOT 2-1 SIEGERT'S PLACE FOURTH ADDITION LLGFNiJ 4,11,75 M MEASURED W117.1O' 9 RI'CoRn DATE SIGNED: 10/05/2015 MICfIAHk to W15 ....... it)Wh hereby certa y that this Land burveyIng 0000000t trete prepared by Re Or under my bit 000 perardnoi buperabilon and that am a duly L Icensed Land burveyor under the ld.d rt. d bite 00 iowa. ie) -ac -a M ['gib Date LIcerbte nuaber 850b My• 4cenae. renewal date beherrber ,20116 0 cavered by thls sonfl 26E9 00, OF AECOM 0 ARTHOFER'S SKYLINE ADDITION PAGE 3 BEARING / DISTANCE WEBER ACRES 1 TO 2 R= 175,00' LC = 5 44 ° 16 48 " L = 25.85 E 25.83 2 TO 3 S 58 ° 32 12 " W 167.15 3 TO 4 5 84 ° 51 49 " W 29.41 4 TO 5 5 51 ° 23 35 " W 189.07 5 TO 6 N 49 ° 17 12 " E 189.78 6 TO 7 N 56 ° 04 54 " E 142.25 7 TO 2 R = 2664.79' LC = N 59°4259" E L=45.96 45,96 0 75 150 225 300 11111111111111111111111 111111111111111111111111111 SCALE IN FEET SHEET 1 OF 2 wREPAREoo,,MICHAEL ALCOM, 501o,mMCRE ni:ET, su/TE 222, WATERLouIOWA, 00/03,3/+2;12-6'ra TEMPORARY EASEMENT FOR RETAINING WALL CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: BOB BROUGHTON INVESTMENTS COUNTY PARCEL NO. 1032128009 PROJECT PARCEL NO. 117 DESCRIPTION: TEMPORARY EASEMENT PROJECT PARCEL NO. 117 COUNTY PARCEL NO. 1032128009 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF SIEGERT'S PLACE THIRD ADDITION IN HE CITY OF DUBUQUE COUNTY OF DUBUQUE STATE OF IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF SAID LOT 1 THENCE SOUTHEASTERLY ON THE NORTHEASTERLY LINE OF SAID LOT 1 BEING A 7S0O'FDOTRADIUS CURVE CONCAVE FOOT LONG CHORD BEARING SOUTH 44° (DEGREES) 16' (MINUTES) 48" (SECONDS) EAST, 25,85 FEET (ARC LENGTH); THENCE SOUTH 58°321T WEST, 167.15 FEET; THENCE SOUTH 84°51'49" WEST, 29A1 FEET; THENCE SOUTH 61°23'35' WEST, 189.07 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 1; THENCE NORTH 4g"17'12^EAST, 1OQ78FEET; THENCE NORTH 5G"O4'54'EAST, 142 25 FEET TO THE PRESENT SOUTHEASTERLY RIGHT OF -WAY LINE OF U.S. F-IIGHWAY 20 THENCE NORTHEASTERLY ON THE PRESENT SOUTHEASTERLY R|SHT-OF48AYLINE OFu'S.HIGHWAY 2uBEING A268479'F o RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 45 96 FOOT LONG CHORD BEARING NORTH 5g`42'5A^EAST, 45/3GFEET (ARC LENGTH) T<JTHE POINT OFBEGINNING. THE SOUTHWESTERLY LINE OF SAID LOT 1 IS A$SUMED TO BEAR NORTH 37°37'24" WEST FOR THE PURPOSE OF THIS DESCRIPTION CONTAINING 5,007 SQUARE FEET OR 0.11 ACRE. AECOM PAGE 4 SHEET 2 OF 2 Prepared by Barry A. Lindahl, Esq., 300 Main St. Suite 330 Dubuque IA 52001 563-583-4113 Return to Kevin S. Firnstahl 50 W. 13th St. Dubuque IA 52001 563-589-4100 RESOLUTION NO. 191-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM BOB BROUGHTON INVESTMENTS, INC. Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Bob Broughton Investments, Inc. for the property legally described as: A parcel of land situated in part of Lot 1 of Siegert's Place Third Addition in the City of Dubuque, County of Dubuque, State of Iowa as more particularly 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 16th day of May, 2016. Roy D. Buoij Mayor Attest: Kevin(S(Firnstahl, Cify Clerk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 117 — Bob Broughton Investments, Inc. CERTIFICATE of t`ie 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. 191-16 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 17th day of May, 2016. PREPARED E30: MICHAEL, 0. r AGUE. 120000, 001 SYCAMORE. ST RER I, SUITE 222, WATERLOO, KILSA, 50700, 0112 -232-12101 TEMPORARY EASEMENT FOR RETAINING WALL CONSTRUCTION SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, CAVA OWNER: BOB BROUGHTON INVESTMENTS COUNTY PARCEL. NO. 1032128009 PROJECT PARCEL NO. 117 CJ • \• P. 0. B. LOT 5 WESTSIDE COMMERCIAL PARK (WESTSIDE COURT) -V <<`,0 LOT 2 SIEGERT'S PLACE FOURTH ADDITION i„„EgENE? 4'i7,75' M , MEASURED 1017,10' R RECORD DATE SIGNED: 10/05/2015 hereby cert y that thls Land SurveyJne 01-0en1 Va5 prepared by 1111 rfl under my 0 ry5t perscR,B! sopErvii ISfl ane that I am a duly 1.. icensed Land Surveyor- U5dEr the 0145 c FORte of 10,40. 5:.26 Finial R. r. At; E Oats License number My renew. dale 15 Occenber 31,2016 Pages cc sheets covered by this teat: 5d00Ri FOL' a OF 2 AECOM LOT 1-1 LOT 2-1 ARTHOFER'S SKYLINE ADDITION ljJ0 CI 0 BEARING / DISTANCE WEBER ACRES 1 TO 2 R = 175.00 LC= 5 44 ° 16 ' 48 ' L=2525 E 2523 2 TO 3 5 58 ° 32 ' 12 " W 167.15 3 TO 4 5 84 '' 51 ' 49 " W 2941 4 TO 5 5 51 ° 23 ' 35 " W 189.07 5 TO 6 N 49 ° 17 ' 12 " E 189.78 6 TO 7 N 56 ° 04 ' 54 " E 142.25 7 TO 2 R = 2664.79' LC = N 59°4259" E L=45.96 45.96 0 75 150 225 300 SCALE IN FEET SHEET 1 OF 2 Ely, MICHAEL 5, EAGLE, "lECOM, 501 SYCrMORE STREET, SU1rE 222, 551ER500, !NA, 50703, 315 -n2 -R531 TEMPORARY EASEMENT FOR RETAINING WALL CONSTRUCTION SOUTHWEST ARTERIAL CTY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: BOB amzuG*Tmw INVESTMENTS COUNTY PARCEL NO. 1032128009 PROJECT PARCEL NO. 117 DESCRIPTION: TEMPORARY EASEMENT PROJECT PARCEL P40. 117 COUNTY PARCEL NO. 1032128009 A PARCEL OF LAND SITUATED P4 PART OF LOT 1 OF SIEGERTS PLACE THIRD ADDTI0N IN THE CTY OF DUBUQUE,COUNTY OF DUBUQUE, STATE OF OWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY MOST CORNER OF SAID LOT 1; ThENCE SOUTHEASTERLY ON THE NORTHEASTERLY LINE OF SAID LOT 1 BEING A 175 00 -FOOT RADIUS CURVE CONCAVE NORTHEASTERLV AND HAVING A 25 83 F0OTLoNGCHORD8EAR/NGSoUTH44^(OEoREES)1 (MINUTES) m^ (GEcuNDS)EAST, 25.85FEET (ARC LENGTH); THENCE SOUTH 58~3212^WEST, 1«7.15FEET; THENCE SOUTH 84°51'49rWEST, 2g-41FEET; THENCE SOUTH a1~2oa5^WEST, 18g.u7FEET TOTHE SOUTHWESTERLY LINE opSAID LOT c; THENCE NORTH 48°1T'12^EAST, 189.78r��ET�TMsNcsNonTHsm^o4'�s*ST` 4Z25FEET TOTHE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE -S HIGHWAY 20; THENCE NORTHEASTERLY ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. 1--fIGHWAY 20 BEING A 2664.79 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 45.96 -FOOT LONG CHORD BEARING NORTH s8~4Z5a^EAST, 45.98FEET (ARC LENGTH) TDTHE POINT oFBEGINNING. THE SOUTHWESTERLY LINE OF SAID LOT 1 IS ASSUMED TO BEAR NORTH 37°37'24~WEST FOR THE PURPOSE opTHIS DESCRIPTION. CONTAINING 5,007 SQUARE FEET 0R 0.11 ACRE. AECOM SHEET 2 OF 2 11 V 11 111 11 11 11 11 Doc ID 008457150001 Type GEN Kind: AFFIDAVITS Recorded: 06/15/2016 at 04:02:42 PM Fee Amt: $7.00 Page 1 of 1 Dubuque County Iowa John Murphy Recorder Fi1e2016-00007426 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) AFFIDAVIT OF BARRY A. LINDAHL State of Iowa Dubuque County I, Barry A. Lindahl, after being duly sworn upon oath, state and depose as follows: 1. I am an attorney at law admitted to practice in the State of Iowa. 2. In my opinion the description of the grantor in the Quit Claim Deed recorded as instrument number 2004-0001859 as "Bob Broughton Investments, an Iowa corporation" and the description of the grantor in the Warranty Deed recorded as instrument number 2016-6190 as "Bob Broughton Investments, Inc." legally and adequately describes the same entity for the property described as Lot 1 of Siegert's Place, Third Addition in the City of Dubuque, Dubuque r`ounty, Iowa. STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) Subscribed and sworn to before me this 11 day of u , 2016. 1 arry A. Lindahl TRACEY L. STECKLEIN Commission Number 71604 My Comm. Exp. itto. j- L. Notary Public(,JState of Iowa 11111111111 11111111111 Il siii oii i ftII 1 lllII Doc ID 008442190006 Type GEN Kind: DEED WITH RESOLUTION Recorded: 05/25/2016 at 02:17:01 PM Fee Amt: $66.60 Page 1 of 6 Revenue Tax: $29.60 Dubuque County Iowa John Murphy Recorder F11e2016-00006190 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, Bob Broughton Investments, Inc. 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 1 OF SIEGERT'S PLACE THIRD ADDITION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA as more particularly described on the Acquisition Plat exhibit 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 at Dubuque, Iowa this 0 day of LG- , 2016. BOB BROUGHTON INVESTMENTS, INC. By: Rme,—A-!, I (Ro-evA- il Printed Name Parcel 117 - Bob Broughton Investments, Inc. PAGE 1 NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of Mit'tet-tA, 2016 before me, the undersigned, a Notary Public in and jpr said County, in said State, personally appeared t14 AY0— f-UU '1� , 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 Bob Broughton Investments, Inc. BARRY A. LINDAHL Commission Numb r 07515 My Comm. Exp. 1 741 PAGE 2 0 otary Public In and For Said State PREPARED 30; MICHAEL E. ArCOM, 521 SYCAMORE STREH r, SIETE 222, WA rE.RLoo 1022, 50703, ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: BOB BROUGHTON INVESTMENTS COUNTY PARCEL NO. 1032128009 PROJECT PARCEL NO. 117 S562 04' 54"W 142.25' R = 2664.79' L = 332.22' LC = N55°39' 03"E 332.00' 7 S49°17' 2"W '189.78' P. 0.8. LOT 5 WESTS IDE COMMERCIAL PARK ( WESTS IDE COURT) N37237' 24% 20.00' LOT 2 _J WEBER ACRES SIEGERT1 S PLACE FOURTH ADDITION ARTHOFER'S SKYLINE ADDITION DATE SIGNED: 8/13/2015 hereby cert r,LiteiE thiE Land Survey Ing W.E.5 preparE,d by fre or under oy direct perlonal aopery 0,00 zind I JOE duty L. ',mod Land Surveyor undo, I3 I" 5 SLate cif Iowa. iar*a* rf Irma . .12016Oa Le icrinaki nurrrEer 0E05 1E.enite renewal Ej.V.E, 11E,04.1k,r 31,20 16 Pago$ or OrrEts rovered by it IL, seal S1IIEJ3LIMi0 2 OF 2 AECOM PAGE 3 0 LEGEND 1447,75" m MEASURED1 447,40' R r: RECORD 75 150 225 300 11111111111111 SCALE IN FEET SHEET 1 OF 2 pRERARED Ey, Mti i ,EL R, CALi.E, cTEETOET, 50I `SEC MOR STREET, SUITE: 222, WATERLOG, IOWA, 50703, 319.23- 6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: BOB BROUGHTON INVESTMENTS COUNTY PARCEL NO, 1032128009 PROJECT PARCEL NO. 117 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 117 COUNTY PARCEL NO. 1032128009 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF SIEGERT'S PLACE THIRD ADDITION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF SAID LOT 1 WHICH IS ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE NORTHEASTERLY ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 BEING A 2664.79 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 332.00 -FOOT LONG CHORD BEARING NORTH 55°39'03" EAST; 332.22 FEET (ARC LENGTH); THENCE SOUTH 56°04'54" WEST, 142.25 FEET; THENCE SOUTH 49°17'12" WEST, 189.78 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 1; THENCE NORTH 37°37'24" WEST ON THE SOUTHWESTERLY LINE OF SAID LOT 1, A DISTANCE OF 20:00 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF SIEGERT'S PLACE THIRD ADDITION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 2,863 SQUARE FEET OR 0.07 ACRE. AECOM PAGE 4 SHEET 2 OF 2 Prepared by Barry A. Lindahl, Esq., 300 Main St. Suite 330 Dubuque IA 52001 563-583-4113 Return to Kevin S. Firnstahl 50 W. 13th St. Dubuque IA 52001 563-589-4100 RESOLUTION NO. 192-16 ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM BOB BROUGHTON INVESTMENTS, INC. Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Bob Broughton Investments, Inc. for the property legally described as follows: A parcel of land situated in part of Lot 1 of Siegert's Place Third Addition in the City of Dubuque, County of Dubuque, State of Iowa as shown on the Acquisition Rat 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 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. Attest: Passed, approved and adopted this 16th day o May, 2016. /171: ( / Kevin S. 1=irnstahl, City clerk Roy C. BuolMayor Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 117 - Broughton STATE OF IOWA CERTIFICATE of the 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. 192-16 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 17th day of May, 2016. Kevint . Firnstahl, CMC, —ity Clerk Doc ID: 008442200005 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 05/25/2016 at 02:17:18 PM Dubuque County Iowa John Murphy Recorder REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Bob Broughton Investments, Inc. Address 95 Westside Court Hwy 20 Dubuque Iowa 52003 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 Wes13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 95 Westside Court Hwy 20 Dubuque Iowa 52003 Number and Street or RR City, Town or P.O. State Zip Legal Description�PA�bLCF LAND 0IDj��DINPA��CF LOT 1 OF '3 THIRD ADDITION ��� IN THE CITY OF DTJE, COUNTY OF , STATE OF IOWA, as shown 011 the acquisition plat attached hereto. 1. Wells one) X There are no known welis 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. SoIid 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 n Attachment #l, 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 oii 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 Iisted below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2013) �� ���� � 4'��/� +mv�p- 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 1 HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: FILE WITH RECORDER Telephone No 1a3 11-7 L> DNR form 542-0960 (July 18, 2012) GROUNDWATER HAZARD STATEMENT ATTACHMENT #1 NOTICE OF WASTE DISPOSAL STE a. SoIid Waste Disposal one) — There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The Iocation(s) of the sihe/a\|ostated below or on an attached separate sheet, as necessary. b.. Hazardous Wastes (check one) There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources ru!es. There is hazardous waste on this property and the appropriate response or remediation actions, or the need therefore, have not yet been determined. Further descriptive information: |HEREBY DECLARE THAT 1 HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATE ABOVE IS TRUE AND CORRECT. Signature: (Transferor or Agent) Telephone �� �� p)C} / FILE WITH RECORDER DNR form S42 -0860 - Attachment #1(July18.2O12) ACQUISITION PLAT SOUTHWEST ARTERIAL CRY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: BOB BROUGHTON INVESTMENTS COUNTY PARCEL NO. 1032128009 PROJECT PARCEL NO. 117 S56904' 54"W-- 142.25' R= L = 332.22' LC = N55°3-9'03"_ 332.00' S49°17' 12"W '189.78' P.O.B. LOT 5 WESTSIDE COMMERCIAL PARK (WESTSIDE COURT) N37°17'24"W--- 20.00' LOT 2 SIEGERT'S PLACE FOURTH ADDITION DATE SIGNED: 8/13/2015 t .-trtI tt, ot rt... ,ttpet t to, ,,,ttti titt 2 ot. Stale ARTHOFER'S SKYLINE \ ADDITION AECOM NA 'Ail IkItt . 0 75 150 225 300 SCALE IN FEET SHEET 1 OF 2 F PAF9Ef? ,yf, MICHAEL, N F _E, YCAHOF. STREET, SU( 222,. 4 �TC'iL�.,C, law i. 2272.3,.. 3 232 -F531. ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: BOB BROUGHTON INVESTMENTS COUNTY PARCEL NO. 1032128009 PROJECT PARCEL NO. 117 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 117 COUNTY PARCEL NO. 1032128009 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF SIEGERT'S PLACE THIRD ADDITION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF SAID LOT 1 WHICH IS ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE NORTHEASTERLY ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 BEING A 2664.79 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 332.00 -FOOT LONG CHORD BEARING NORTH 55°39'03" EAST, 332.22 FEET (ARC LENGTH); THENCE SOUTH 56°04'54" WEST, 142.25 FEET; THENCE SOUTH 49°1712" WEST, 189/8 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 1; THENCE NORTH 37°37'24" WEST ON THE SOUTHWESTERLY LINE OF SAID LOT 1, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF SIEGERT'S PLACE THIRD ADDITION IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 2,863 SQUARE FEET OR 0.07 ACRE. AECOM SHEET 2 OF 2