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Southwest Arterial Property Acquisition - Parcel 127B_English Ridge LLC Copyright 2014 City of Dubuque Consent Items # 21. ITEM TITLE: Southwest Arterial Property Acquisition - Parcel 1276 English Ridge, L.L.C. SUMMARY: City Manager recommending acceptance of a Grant of Easement and Deed from English Ridge, LLC for the Southwest Arterial Project. RESOLUTION Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project from English Ridge, LLC RESOLUTION Accepting a Deed for the Southwest Arterial Project from English Ridge, LLC 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 Resolution Accepting Grant of Easement Resolutions Grant of Easement Supporting Documentation Resolution Accepting Warranty Deed Resolutions Warranty Deed Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Southwest Arterial Property Acquisitions — June 6, 2016 City Council Agenda DATE: June 1, 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/or Deeds to the following properties: 1. Parcel 101/Dubuque Metropolitan Area Solid Waste Agency 2. Parcel 125/Neztrop, L.L.C. 3. Parcel 126/Portzen Building Firm L.L.C. 4. Parcel 1278/English Ridge, L.L.C. 5. Parcel 129S/John C. Haupert & Carolyn S. Haupert 6. Parcel 150B/Ronald L. Valentine & Marlene Valentine 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 31, 2016 RE: Southwest Arterial Property Acquisitions — June 6, 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 101/Dubuque Metropolitan Area Solid Waste Agency: • Resolution Accepting Grant of Permanent Utility Easement • Resolution Accepting Warranty Deed 2. Parcel 125/Neztrop, L.L.C. • Resolution Accepting Warranty Deed 3. Parcel 126/Portzen Building Firm L.L.C. • Resolution Accepting Grant of Permanent and Temporary Easements • Resolution Accepting Warranty Deed 4. Parcel 1278/English Ridge, L.L.C. • Resolution Accepting Grant of Temporary Easement • Resolution Accepting Warranty Deed 5. Parcel 129S/John C. Haupert & Carolyn S. Haupert • Resolution Accepting Warranty Deed 6. Parcel 150B/Ronald L. Valentine & Marlene Valentine • Resolution Accepting Grant of Permanent and Temporary Easements • Resolution Accepting Warranty Deed 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 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\isteckle\Lindahl\Southwest Arterial Condemnations\MVM_PropertyAcquisitions_051616Agenda_051216.doc 2 11 i 1011 11 11 11 11 11 Doc ID 008454930006 Type GEN Kind: EASEMENT Recorded: 06/13/2016 at 04:02:39 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Fue2016-00007238 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, English Ridge, 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 J OF ENGLISH RIDGE SUBDIVISION, 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 English Ridge, 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 127B English Ridge, L.L.C. Dated at Dubuque, Iowa this ENGLISH RIDGE, L.L.C. BY: ;f2t--------/WO Printed Nme p4, TA/ Its STATE OF IOWA, COUNTY OF DUBUQUE, SS: day of kci."4„6i , 2016. NOTARY PUBLIC On this =► day of TU A/ e , 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared ttlieicy Es m e • & /1 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 he/she executed the same as his/her voluntary act and deed on behalf of English Ridge, L.L.C. 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 127B English Ridge, L.L.C. PREPARED BY: MICHAEL R. EAGLE, AEECOM, 501 SYCAMORE STREET, SUITE 222. WATERLOO. IOWA, 50703, 319-232-6531 TEMPORARY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ENGLISH RIDGE, L.L.C. COUNTY PARCEL NO. 1505101001 PROJECT PARCEL NO.1278 N LINE NWI/4 NWI/4 SEC 5-88-2E N87°21'43"E 735.20' NW COR SEC 5-88-2E FD SCM P.O.B. TE ' LOT 2 20' SAN. SEWER ;EASEMENT 44 20' STORM SEWER EASEMENT LOT C LOT 3 ; NO1 °32'49"W 3421.46' STONE BROOK CENTER SECOND ADDITION LOT 4 W LINE NWI/4 NWI/4 SEC 5-88-2E WI/4 C0R SEC 5-88-25 FD CONC MON BROKEN OFF 6" DEEP DATE SIGNED: 523/2016 w U LOT K Cif ACQUISITION 50' GRAD NG EASEMENT FOR CONSTRUCTION OF CHESTERFIELD DRIVE 19' SEWER EASEMENT LOT J ENGLISH RIDGE SUBDIVISION LOT A STORM WATER DETENTION LOT L FUTURE DEVELPOMENT FD I.P. W/CAP N0. 4016 s"pO,.uso s „, 1 hereby certify that this Land Surveying document vas prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor ''y`+�••. ". .�5 unde t laws a. t State oofyIowa. K 8505 _ MICHAEL FAGL Date •License `' nicker 8505 WA• Hy license renewal date is December 31,2016 Pages or sheets covered by this seal: SHEETS 1 ANO 2 OF 2 A. -:COM SE C0R SEC 31-89-2E FD SCM NI/4 COR SEC 5-88-25 FD SCM N87°12'49"E 1902.32' 50' WIDE PIPE LINE EASEMENT 4 4101, .it w NI/2 NEI/14 NWI/4 SEC 5-88-2E 51/2 NEI/14 NWI/4 SEC 5-88-2E LEGEND 447.75' M = MEASURED 447.40' R = RECORD 0 200 400 600 800 SCALE IN FEET REVISED 5232016 SHEET 1 OF 2 PREPARED BY: MICHAEL. R. EAGLE, AECOM. 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 TEMPORARY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ENGLISH RIDGE, L.L.C. COUNTY PARCEL NO. 1505101001 PROJECT PARCEL NO. 127B BEARING / DISTANCE TEMPORARY EASEMENT 1 TO 2 N 87 ° 21 ' 43 " E 130.19 2 TO 3 N 87 ° 21 '43" E 206.16 3 TO 4 S 59 ° 12 ' 39 " W 195.16 4 TO 5 S 01 ° 57 ' 00 " E 565.79 5 TO 6 S 88 ° 27 ' 11 " W 73.00 6 TO 7 N 01 ° 32 ' 49 " W 399.65 7 TO 8 N 11 ° 12'40" E 147.64' 8 TO 1 N 01 ° 15 15 " W 113.54 DESCRIPTION: TEMPORARY EASEMENT PROJECT PARCEL NO. 127B PLAN B COUNTY PARCEL NO. 1505101001 A PARCEL OF LAND SITUATED IN PART OF LOT J OF ENGLISH RIDGE SUBDIVISION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT J; THENCE NORTH 87° (DEGREES) 21' (MINUTES) 43" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF SAID LOT J, 130.19 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 87°21'43" EAST ON THE NORTH LINE OF SAID LOT J, 206.16 FEET; THENCE SOUTH 59°12'39" WEST, 195.16 FEET; THENCE SOUTH 01°57'00" EAST, 565.79 FEET; THENCE SOUTH 88°27'11" WEST, 73.00 FEET; THENCE NORTH 01°32'49" WEST, 399.65 FEET; THENCE NORTH 11°12'40" EAST, 147.64 FEET; THENCE NORTH 01°15'15" WEST, 113.54 FEET TO THE POINT OF BEGINNING. CONTAINING 48,256 SQUARE FEET OR 1.11 ACRES. A COM REVISED 5232016 SHEET 2 OF 2 Prepared bv: Barry A. Lindahl, Esq. 300 Main St. Ste 330, Dubuque, IA 52001 (563) 583-4113 Return to: Kevin S. Firnstahl, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589-4270 RESOLUTION NO. 213-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM ENGLISH RIDGE, L.L.C. Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with English Ridge, L.L.C. for the property legally described as: ; and A PARCEL OF LAND SITUATED IN PART OF LOT J OF ENGLISH RIDGE SUBDIVISION, 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 6th da Attest: S Ric Jones, %or 'ro- Wem June, 2016. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 127B English Ridge L.L.C. STATE OF IOWA CERTIFICATE of tfie 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. 213-16 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 7th day of June, 2016. Kevin t. Firnstahl, CMC, City Clerk 11 11 10 11 Doc ID 008454910006 Type GEN Kind: DEED WITH RESOLUTION Recorded: 06/13/2016 at 04:02:07 PM Fee Amt: $97.80 Page 1 of 6 Revenue Tax: $60.80 Dubuque County Iowa John Murphy Recorder Fi1e2016-0000 / 23 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, English Ridge, 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 J OF ENGLISH RIDGE SUBDIVISION, 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 of , 2016 at Dubuque, Iowa. ENGLISH RIDGE, L.L.C. B Printed Name: 1-41,1,- - caar-9.277- Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 127B English Ridge STATE OF IOWA SS COUNTY OF DUBUQUE On this ?'- day of Z , 2016, before me a Notary Public in and for said County and said State, personally appeared L4 itY man5 /2-m°to me personally known, who, being by me duly sworn, did say that he/she is the Praki eet of English Ridge, L.L.C.; that said instrument was signed on behalf of English Ridge, L.L.C.; and that the execution of said instrument is the voluntary act and deed of said English Ridge, L.L.C. Notary Public, State of Iowa 0.9.1Ats RUSSELL N KIEFFER oCommission Number 778626 My Commission Expires �bwP May 24, 2019 Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 127B English Ridge PREPARED BY:MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, 1OWA, 50703, 319-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ENGLISH RIDGE, L.L.C. COUNTY PARCEL NO. 1505101001 PROJECT PARCEL NO. 127B N LINE NWI/4 NWI/4 SEC 5-88-2E N87°21'43"E 735.20' P.O.B. NW COR SEC 5-88-2E FD SCM ------------------- ACQUISITION 50'CRADING EASEMENT FOR CONSTRUCTION OF CHESTERFIELD DRIVE I9'SEWER EASEMENT LOT J ENGLISH RIDGE SUBDIVISION SE COR SEC 31-89-2E FD SCM NI/4 COR SEC 5-88-2E FD SCM N87°12'49"E 1902.32' 50' WIDE PIPE LINE EASEMENT LOT C 20' STORM SEWER EASEMENT N01°32'49"W 3421.46' STONE BROOK CENTER SECOND ADDITION LOT 4 W LINE NWI/4 NWI/4 SEC 5-88-2E WI/4 COR SEC 5-88-2E FD CONC MON BROKEN OFF 6" DEEP LOT A STORM WATER DETENTION LOT L FUTURE DEVELPOMENT FD I.P. W/CAP N0. 4016 /4-1 DATE SIGNED: 5/232016 I hereby certify that this Land Surveying document vas prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under the Issgiiths State of Iowa, q S21"2.6g. MICHAEL R. FAOL1,r Date License nunber 8505 My I icense renewal date 1s December 31,2016 Pages or sheets covered by this seal SHEETS 1 AND 2 OF 2 ACOM 0 NI/2 NEI/14 NWI/4 SEC 5-88-2E LEGEND 447.75' M = MEASURED 447.40' R = RECORD 200 400 600 SI/2 NEI/14 NWI/4 SEC 5-88-2E 800 SCALE IN FEET REVISED 5232016 SHEET 1 OF 2 PREPARED BY; MICHAEL R. EAGLE, AF_CCM, SFII SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 31A-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ENGLISH RIDGE, L.L.C. COUNTY PARCEL NO.1505101001 PROJECT PARCEL NO. 127B BEARING / DISTANCE ACQUISITION 1 TO 2 N 87 °21'43" E 130.19 2 TO 3 5 01 °15'15" E 113.54 3 TO 4 5 11 ° 12 ' 40 " W 147.64 4 TO 5 S 01°32'49" E 827.21 5 TO 6 R=395.00' L=77.99 LC = N 85 ° 54 ' 26 " W 77.86 6 TO 7 S 88 ° 27 ' 34 " W 9.49 7 TO 8 N 46 ° 07 ' 05 " W 14.25 8 TO 1 N 01 ° 32 ' 49 " W 1064.46 1064.53 ' RECORD DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 127B - PLAN B COUNTY PARCEL NO. 1505101001 A PARCEL OF LAND SITUATED IN PART OF LOT J OF ENGLISH RIDGE SUBDIVISION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT J; THENCE NORTH 87° (DEGREES) 21' (MINUTES) 43" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF SAID LOT J, 130.19 FEET; THENCE SOUTH 01°15'15" EAST, 113.54 FEET; THENCE SOUTH 11°12'40" WEST, 147.64 FEET; THENCE SOUTH 01°32'49" EAST, 827.21 FEET TO THE SOUTHERLY LINE OF SAID LOT J ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LOT J ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE BEING A 395.00 -FOOT RADIUS CURVE CONCAVE SOUTHERLY AND HAVING A 77.86 -FOOT LONG CHORD BEARING NORTH 85°54'26" WEST, 77.99 FEET (ARC LENGTH); THENCE SOUTH 88°27'34" WEST ON THE SOUTHERLY LINE OF SAID LOT J ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE, 9.49 FEET; THENCE NORTH 46°07'05" WEST ON THE SOUTHERLY LINE OF SAID LOT J ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE, 14.25 FEET TO THE WEST LINE OF SAID LOT J ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF CHESTERFIELD DRIVE; THENCE NORTH 01°32'49" WEST ON THE WEST LINE OF SAID LOT J ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF CHESTERFIELD DRIVE, 1064.46 FEET (1064.53' RECORD) TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT J OF ENGLISH RIDGE SUBDIVISION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 110,521 SQUARE FEET OR 2.54 ACRES. AECOM REVISED 5232016 SHEET 2 OF 2 Prepared by: Barry A. Lindahl, Esq. 300 Main St. Ste 330, Dubuque, IA 52001 (563) 583-4113 Return to: Kevin S. Firnstahl, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589-4270 RESOLUTION NO. 214-16 ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM ENGLISH RIDGE, L.L.C. Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with English Ridge, L.L.C. for the property legally described as follows: ; and A PARCEL OF LAND SITUATED IN PART OF LOT J OF ENGLISH RIDGE SUBDIVISION, 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 6th dam; June, 2016. Ric Jones, a or 'ro em Attest: Kevin S Firnstahl, Cify Clerk Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 127B, English Ridge 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. 214-16 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 7th day of June, 2016. Kevin S. Firnstahl, C C, ' ty Clerk IIIII I lIIlIlII IIlII IIiIll lI Doc ID 008454920004 Type' GWH Kind: GROUNDWATER HAZARD Recorded: 06/13/2016 at 04:02:19 PM Fee Amt: $0.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder File2016-00000953 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name ENGLISH RIDGE, L.L.C. Address 529 Country Club Ct Dyersville IA 52040 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: Stone Valley Drive 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 J OF ENGLISH RIDGE SUBDIVISION, 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) 70\(j- -77,57 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: Trayfsferor or Agent) FILE WITH RECORDER Telephone No.: .-G 5' 3- C' DNR form 542-0960 (July 18, 2012) PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ENGLISH RIDGE, L.L.C. COUNTY PARCEL NO. 1505101001 PROJECT PARCEL NO. 127B N LINE NWI/4 NWI/4 SEC 5-88-2E N87°21'43"E 735.20'-1 P.O.B. NW COR SEC 5-88-2E FD SCM ' LOT D I 20' STORM SEWER EASEMENT LOT C LOT 3 N01°32'49"W 3421.46' STONE BROOK CENTER SECOND ADDITION LOT 4 W LINE NWI/4 NWI/4 SEC 5-88-2E WI/4 COR SEC 5-88-2E FO CONC MON BROKEN OFF 6" DEEP DATE SIGNED: 5232016 1- 0 0 w w w w ------------------ !LOT K ACQUISITION 50' GRADING EASEMENT FOR CONSTRUCTION OF CHESTERFIELD DRIVE M' SEWER EASEMENT LOT J ENGLISH RIDGE SUBDIVISION LOT A \STORM WATER 0ETENT ION LOT L FUTURE DEVELPOMENT a+ -FD I.P. W/CAP N0. 4016 tANll y �'�°:•""'• P4 I hereby certify that this Land Surveying document vas prepared by re ar under my direct personal supervision and that I am a duly Licensed Land Surveyor under the Vi a t . State of Iowa. / 5121•24I = 13505 1 MICHAEL R. FALL / Date ",,'3 License number 8505 ]oWA•''c` My license renewal date Is December 31,2016 Pages or sheets covered by this seal] SILEILLIGWE.2 AECOM SE COR SEC 31-89-2E FD scM 141/4 COR SEC 5-88-2E FD SCM N87 °12'49"E 1902.32 ----------------------------------------------- NI/2 NEI/14 NWI/4 SEC 5-88-2E 50' WIDE PIPE LINE EASEMENT RID 5 i Be !VISION LEGEND 447,75'M = MEASURED 447.40' R = RECORD 0 200 400 600 SI/2 NEI/14 NWI/4 SEC 5-88-2E 800 SCALE IN FEET REVISED 5232016 SHEET 1 OF 2 PREPARED 8'13 MICHAEL R. EAGLE. AECOM, 501 SYCAMORE STREET, 51JITE 222, WATERL0O,I058, 54703, 319-232-5531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: ENGLISH RIDGE, L.L.C. COUNTY PARCEL NO. 1505101001 PROJECT PARCEL NO. 127B BEARING / DISTANCE ACQUISITION 1 TO 2 N 87 °21'43" E 130.19 2 TO 3 S 01 °15'15" E 113.54 3 TO 4 S 11 ° 12 ' 40 " W 147.64 4 TO 5 S 01° 32'49 " E 827.21 5 TO 6 R=395.00' L=77.99 LC=N85°54'26"W 77.86 6 TO 7 S 88°27'34" W 9.49 7 TO 8 N 46 ° 07 ' 05 " W 14.25 8 TO 1 N 01 ° 32 ' 49 " W 1064.46 1064.53 ' RECORD DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 127B - PLAN B COUNTY PARCEL NO. 1505101001 A PARCEL OF LAND SITUATED IN PART OF LOT J OF ENGLISH RIDGE SUBDIVISION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT J; THENCE NORTH 87° (DEGREES) 21' (MINUTES) 43" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF SAID LOT J, 130.19 FEET; THENCE SOUTH 01°15'15" EAST, 113.54 FEET; THENCE SOUTH 11°12'40" WEST, 147.64 FEET; THENCE SOUTH 01032'49" EAST, 827.21 FEET TO THE SOUTHERLY LINE OF SAID LOT J ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE; THENCE WESTERLY ON THE SOUTHERLY LINE OF SAID LOT J ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE BEING A 395.00 -FOOT RADIUS CURVE CONCAVE SOUTHERLY AND HAVING A 77.86 -FOOT LONG CHORD BEARING NORTH 85°54'26" WEST, 77.99 FEET (ARC LENGTH); THENCE SOUTH 88°27'34" WEST ON THE SOUTHERLY LINE OF SAID LOT J ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE, 9.49 FEET; THENCE NORTH 46°07'05" WEST ON THE SOUTHERLY LINE OF SAID LOT J ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE, 14.25 FEET TO THE WEST LINE OF SAID LOT J ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF CHESTERFIELD DRIVE; THENCE NORTH 01°32'49" WEST ON THE WEST LINE OF SAID LOT J ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF CHESTERFIELD DRIVE, 1064.46 FEET (1064.53' RECORD) TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT J OF ENGLISH RIDGE SUBDIVISION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 110,521 SQUARE FEET OR 2.54 ACRES. AECOM REVISED 5232016 SHEET 2 OF 2