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Dupaco Voices, LLC Mutual Easement Agreement_Initiate Copyrighted July 15, 2019 City of Dubuque Items to be set for Public Hearing # 1. ITEM TITLE: Dupaco Voices, LLC Mutual EasementAgreement SUMMARY: City Manager recommending that the City Council schedule a public hearing for August 5, 2019 on the dispositions of the City's interest in property related to Dupaco Voices, LLC by Grants of Easements as provided in a Mutual Easement Agreement. RESOLUTION Intentto approve a Mutual Easement Agreement which provides for the disposal of an interest in City of Dubuque-owned real estate by grant of easement to Dupaco Voices, LLC SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing forAugust5, 2019 ATTACHMENTS: Description Type Millwork District Mutual EasementAgreement-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Mutual EasementAgreement Supporting Documentation Grant of Easements Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Mutual Easement Agreement for the Millwork District DATE: July 11, 2019 Dupaco Voices, LLC (Dupaco) is the owner of a tract of land known commonly as the Voices Building located at 1000 Jackson Street (hereinafter referred to as the "Dupaco Parcel"). Caradco Landlord, LLC (Caradco) is the owner of a tract of land known commonly as 900 Jackson Street (hereinafter referred to as the "Caradco Parcel"). The building or attachments thereto on the Dupaco Parcel encroach upon portions of the City Parcels and the City desires to grant an easement to allow the building and attachments to remain in their current location. Various easements and other agreements affect all of the parcels and the parties wish to clarify, expand upon or eliminate certain agreements and desire to set forth their agreements regarding each in writing. With respect to the City's interests, a building encroachment on Jackson Street and dock encroachment on Washington Street located on the Dupaco Parcel encroach upon the City right-of-way area in three locations. The City desire to grant to Dupaco an easement for the encroachments. City has placed benches and bike posts, planters, trash cans and similar items within the Dupaco Easement Area and Dupaco desires to grant to City an easement for the encroachments. Senior Counsel Barry Lindahl recommends the City Council schedule a public hearing for August 5, 2019 on the dispositions of the City's interest in the property by Grants of easements as provided in a Mutual Easement Agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Barry Lindahl, Senior Counsel 2 Dubuque THE CITY OF � Ali•Ameriea City Du B E ,�r�.��,x�,.. , ; � � , II 2007�2012•2013 Masterpiece on the Missi 'ppi 2017*2019 � � BARRY A. LINDAHL, SENIOR COUNSEL MEMO � To: Michael C. Van Miiligen City Manager DATE: July 2, 2019 RE: Mutual Easement Agreement for the Millwork District Dupaco Voices, LLC(Dupaco) is the owner of a tract of land known commonly as the Voices Building located at 1000 Jackson Street and legally described as: Lot 1 of Wilmac Place in the City of Dubuque, lowa (hereinafter referred to as the "Dupaco Parcel"). Caradco Landlord, LLC (Caradco) is the owner of a tract of land known commonly as 900 Jackson Street, Dubuque, lowa and legally described as: Lot 1 of Caradco Place in the City of Dubuque, lowa (hereinafter referred to as the "Caradco Parcel"). The Dupaco Parcel lies directly north of the Caradco Parcel and City owns: (1) the right-of- ! way known as 10t" Street, which runs between the Caradco Parcel and the Dupaco Parcel; (2) the right-of-way known as Washington Street, which runs along the east side of both the Dupaco and Caradco Parcels, and (3)the right-of-way known as Jackson Street, which runs along the west side of both the Dupaco and Caradco Parcels (all collectively the "City Parcels" or referred to individually by street name). The building or attachments thereto on the Dupaco Parcel shown on Exhibit A attached hereto encroach upon portions of the City Parcels and the City desires to grant an easement to allow the building and attachments to remain in their current location. Various easements and other agreements affect all of the parcels and the parties wish to clarify, expand upon or eliminate certain agreements and desire to set forth their agreements regarding each in writing. With respect to the City's interests, a building encroachment on Jackson Street and dock encroachment on Washington Street located on the Dupaco Parcel encroach upon the City right-of-way area in three locations, identified in Detail 1, 2, and 7 on Exhibit A (the 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/EMAi� balesq@cityofdubuque.org "Dupaco Encroachments"). The City desires to grant to Dupaco an easement for the Dupaco Encroachments. City has placed benches and bike posts, planters, trash cans and similar items within the Dupaco Easement Area shown on Exhibit A (the "City Encroachments"). Dupaco desires to grant to City an easement for the City Encroachments. The parties have tentatively entered into a Mutual Easement Agreement. Pursuant to the Agreement: (1) The City will grant to Dupaco, and its successors and assigns in ownership of the Dupaco Parcel, a perpetual easement for the Dupaco Encroachments. Dupaco and its successors and assigns shall defend, hold harmless and indemnify the City from and against any liabilities, claims, damages or causes of action in any way related to the Dupaco Encroachments, including reasonable attorney's fees and costs incurred due to such claims. (2) Dupaco will grant to City an easement for the City Encroachments. City shall defend, hold harmless and indemnify Dupaco from and against any liabilities, claims, damages or causes of action in any way related to the City Encroachments, including reasonable attorney's fees and costs incurred due to such claims. The attached resolution sets the required hearing on the dispositions of the City's interest in the property by Grants of Easements as provided in the Agreement. I recommend that the resolution setting the public hearing on August 5, 2019 be submitted to the City Council. BAL:tIs Attachment cc: Crenna M. Brumwell, City Attorney Gus Psihoyos, City Engineer Jon Dienst, Civil Engineer II Nate Kieffer, Surveyor F:\USERS\tsteckle\Lindahl\Dupaco Voices BRIDGE\MVM_ResolutionSettingHearingMutualEasementAgreement_070219.docx 2 EXHIBIT A Plat of Survey (Retracement} of: �ot � of �Imac Place, Ii�IIIIIPiIiiII��IIIIIiIIIIIIIIIIP�!Illl�llilll��laU8111V1111�� in the City of Dubuque, lowa Doc ID: 010252369003 7vpe: GEN Klnd: RETRACEMENT SURVEY INDEX LEGEND Recorded: 03/06/2019 at 01:14:07 PM Fee Amt: $17.00 Pape 1 of 3 �o�anrn� �midw�i�aece DubuQue County Ioua se+ao�s«umza,resri.azeaubsmaM., dohn MurphV Recorder °�°UQOe`�"".�" 2019-00002235 ' Ravues�or.�on"�`°"er' F i 1 e P�ovna«:NFImxPrav�yC�P�+r BOt J,iGson SL.WDuque.IA• 1 SurveyOr Tpry�.1(pykp Company:Buesig A ASSOcia185,hC. 7112 LocuYlSl.OuWp�,».IA SZCO7 RelumTo:tlk0e(kx�Wesinq.com (583)358d389 rr�r.aeo er:euesr+e:�ssoanrts ss i2is iausr srn�r. N0� CUBUQIE IOWA PHONF:(563 556-�389 TNIS SUR�EY I$COMPRISED OF: LOT 7 OF N1U1AC PLACE. � /� IN T7E CIIY OF W3UWE,IOWa � /' MIS IS AN ASSUAIED �P��/ /' \\p� BEARING FOR THE PUNPOSES ��' � OF THIS SURVEY�NIV. �%1� N 66��pd� �pET�p \ \� // • N ��t \ic / /�'II Op�J EJOSINC \�� \\ / � ��,. BUI:.d�G Aa /� �$�5$9g� �/ p�' L071 Of NA8U5T11 PLACE \ �z \ / N�yO�� "�" \ \ � � p�yH�p 5EE o[GL P g.E ocili A p� \ qTY LOT J89 /� WA RWAY a�T \L \ � \ \ `/ s¢aer�u M Ewsie+c m' � '� � �t 3C��d1 , ��\ \ IKEH�fA A� nosnwo p � \ euurnNc ��a WALKWIY ' � ►za,o-,ia�. � E \ � Natn��o.as oa ' �L�'�' _-'C� an�oT 390 � "HIGHLIGHT DOCK � :='1 � \� ,.�,�� o� N ENCROACHMENT " � `�°' � � � S � �°°"9� 2 AREA \ � CA59EH14 F � \ \\ � `�� HIGHLIGHT °uia""'�"'� � � � � BUILDING �°S°� `� � �� '� � '�\ Z �,E, ENCROACHMENT � p � � ,- N�: AREA � �� ; QC29 A RES s zns •w e\ �°• 40.�f6 SF 9.40'(9- , 4 \ �i .�'�t�o �,� \ �0. FAg11FlI7S&X!I .:--�� .�•� ``, f!�'�0�'�1�N"'_�6 -/ (W�IOm 1AEA� ;- ` }� ,`��`�P��Qp 59 � �' t�,,p�� \ � � ` �� /�� r` �� 56��3 � � / . \ /�5�� ` � /' 5' EASEMENT \ /' AREA FOR �" BENCHES, BIKE LEGEND \ RACKS ETC. Q FQIND YAGNAL e FaU�ID WT% � O PIACm S/9'IRON RER00 W/ORANCE PL/SiIC - cna w�w�m'uo�.uvt Is�eY p� y5• �• 1�• � a..cm an z OQ PUCED MtY Y�C N�y IN PA4ER5 SCALE: 1� a $Q' o CWl➢NOT SET DIA TO LANDINC IN BUll�ilC ————rnor�+tt ur� � —sin��o raov.ur� '�_r�+�a NAY UNE NOTES -d.o—n0-0.U—OWEt1510N uNE Oltr �EASTING BIApNC UNE(BRICX) 1.ALL IffASU�Ifi ARE IN fEEf N10 DEqMlLLS ilEAEOF. SF SOu�RE FEET 2.TOT11 MEA 0�FERNEIER AIR\£�'ED IS 0.9I9 ACRES I10.t�6 S�. ( ) RCCOROED d4EN510N 7,1N5 PUT IS S1B ECT RI N1 EASpIQ/R R'�CORD M10 NQ�OF RECYIRD. q11Na�p�N/y I HEREBV CFAPFY IH�T iH15 LWU 9RVEYNG OOCUYEYT'NA5 UE�SING �� LANO Hy PREP�Wm�M Bff REIAhb 9WVF'/�Idi1(WAS PEFFdWm BT YE ��cO' .••••�. di UNOEq yY qRECT Al SLPFRN90N ANO TNAT I A4 A DUIY �SOCIA ES IW�. ?cr: •�lp'? fXelNRR4�11 fffR�fltlRB ?�'� �lutr� •��'s w ixt urs qF S SyC/ aP�owti ��:�a�ur��u / = NOF11ffR ip= _S !L =�� • = 1Ef3RY L ER (UAIE) DMMN BY;JCM LHECKED BW. 7lK ��.' �� ' a UCENSE IUM�R 15�8] SUX\EY DATE 9/27/IB PlOT UAIE Y/20/19 2/��'•'•... :�*� MY UfYNSE flENEWAt DAIE 5 OELFYBJt 34.3019 0'MC.ND.7823P-01 RP SCAIE:1'.50' ��;"„��°a AiEETS CObERm Bl'7M5 YK: $fEE15 1.2 t] SHEET 1 OF 3 � I��- "��«•�9 3 DETAILS & EXISTING EASEMENTS FOR: P1at of Survey (Retracement) of: Lot 1 of �Imac Place, in the City of Dubuque, fowa EXISTING�ASEMENTS: A. An access casement to the City of Dubuque, lowa upon the vccotion of a portion of Washington street and grant � of such property to 0 oredecessor—in—interest, f�leG September 11, 1967 in 3k.193T�-162 in the records o` the Dubuque Couniy Recorder. Whiie a large pertior of this street hes since 6een dedicated beck to the City, a norrow s:rip of property to the west oF Washington street is part af the real estcte under examinot�on, and therefore this easement encumbers such portion. B. An access easement to the City of Dubuque, lowo upon the vaca;ion of a portion of tOth street and gront of such property ta a predecessor—in—interest, filed Seotember 18. 1968 in BkJ95TL-678 in the recortls of the Dubuque County Recorder. While a large portion af this stree; hos si�ce been dedicated bock to the City, a narrow strip of property to the north of 10th street is port of the reai estate under exemination, ar.d therefore this . easemenf encumbers such por:ion. C. An access easement reserved by the City of bubuque, lowo upon the vocation of a portion of the elley formerly running through the real esto;e under exom;nation, previously identified as City Lot 389A, and aranf of such property .o a predecessor—in—interest, filed Detember 23, 1908 in Bk.197TL-581 in tne records of the Dubuque County Recorder. D. An access easement in favor of the real estate under exomination reserved by o predecessor—in—interest for the use of a railroad trock, rcilroad loading docks, and two truck docks to the east of the reol esta;e under examination, !iled April 15, 1977 as Instrument No. 3548-77 in the records of the Dubuque County Recorder. This easement requires the title hoider o` the reai estate under examination to contribute to the maintenance and repoir ef the railrood trocks, :o light the truck loading docks, and other obl�gations. By !he filing o( a a.uit—claim deed f�led as Instrument No. 2Cit-1751 on January 26, 2017 some of the obl!ga:ions regarding this easement may be ezt�rguished Cue to the doctrin=_ ot merqer, however such deed wou!d not offect rignts ond obligoFlons regarding the railroad trocks, which lie outsde of the recl esta'.e to be transferred 'oy the quit cicim deed. An affidavit and ottoched memorandum of ogreement was fileC or April 15, 2003 cs Instrument No. 9030-03 in the I records of the Dubuque Ccunty Recorder modifying this easement. E. An easement reserved by o predecessor—in—inierest to enter upon the premises for the purpose of closing openings in a wail along the wes:erly side of what is �ow Washington Street, filed June 3, 1977 os Instrumert No. 5454-77 in the records of the Cubuque Ccunty Recorder, it is undear from the abstract whetner sucn closure has been completed, and you shouid inquire into tnis metter with the seiler prior to closing. F. An easement granted to tne title holders of City Lot 389 ard the northerly portion of City Lot 390, Fied Sep.ember 22, 1977 as Instrument No. 9985-77 in the records of the Dubuque County Recorder. This easement is described as follows: "A non—exclusive sidewalk easement to use the ex7sting private sidewalk located over o�d along the northwesterty corner of the Southerty 20.34 feet of City Lot 390; and olso a non—exclusive driveway easement over a portion of City Lot 389A (a vacated alley) to provide access to the present door located on the eosterly side of the building tocated on the lots being nereby canveyed; PROVIDED that the [grantee] and its successors and assigns do not use sQid easements in such a manner as to unreasonobly interfere with other parties' rights to use said easements." G. An easement grantzd to the title holders ot what is now Lot t of Mobusth Piace, filed December 22, 1977 as � Inslrumenf No. 73687-77 in the records of the �u6uque County Recorder. This eosement is described as fofiows: � "A non—excl�sive driveway easement over c portion of City Lot 389A (a vacated alley) to provide access to the present door located on the westerly sioe of the building located on the lots 6eing hereby conveyetl; PROVI�ED that ;he [grantee] ond its successors ond assigns do not use said easements in such a monner as to unreasonabty interfere with other porties' rignts to use said easements." The document conveying this eosement also corveys an easemen: (cr the non—exclusive use ef the two truck docks desc��bed in the easement referenced in Peragraph 3(D). H. An easement reserved by a predecessor—irinterest in favor of a third party (Double S & J, Inc.) For pedestrian and vehicle travel on, over, and ocross the property that is now lOth Street ond a narrow portior. of �ot 7 of `Nilmac Place (a strip of property border:ng tOth Street 5 feet in width), filed December 9, 1977 as instrument No. e Dubuque County Recorder. It is possible that this reservatio� was intended to refer HIGHLIGHT er a portion of what is now 1Cth street to the east of the real est�te under in.ention does BUILDING easement as recorded. ENCROACHMENT a P�edecessor ,� interest ��a f�e owners of what �s now the 5o�th na�, o� ,oth ri hts to what is now lOth street, flied January 7, 1988 as Ins[rument No. '7fi-88 ir AREAS u :y Recorder. Th�s easement encumbers the southern 5' of the real estate under ee. ' ` } \ � ` � e�t� UESING 0.1'BUILOING 1J �� fNWNil�o�svn:i�roRs R7CRO�CHLIENT �\� Ee� �\� 1'!�]lDCJSr 5f�p�g�pyE u � �suil _.a° � dtA1W BY: .CM CHEO(m BY: RK DETAIL �It � DETAIL /2� wrsve�o�re:v/n/�a w_oT o.re:zimi�3 NO SCALE NO SCALE oxc.�o �esw-m FP $:AL:N/A SHEET 2 OF 3 4 � I DETAILS & EXISTING EASEMENTS FOR: Pfat of Survey (Retracement) of: Lot 1 of wlmac Place, in the City of Dubuque, lowa � oeTa� ,� � i• = io� � � o�aG;��"° i ui' �..o S.6'RNUNG BASE RlCROACHNENT �a°� DETAIL i/3 / NO SCALE J�pc s�` BU� / 0.6'BUItDINC \ QICROAGHYRlT �� / A DETAIL /4 �. i.Y�mniNc ` / NO SCALE o��.o� ENCROACHMENT \ q o�D� \ /�O ` / "� DE7AIL �CS vc� � NO SCA�E z.ov on-�T \/ / � w�.rvess r�n I.f'BUttDING o cnSm+c EMCROACHMENT / o+t�+�E�o � wwcwer � �/ 0.S'BIALDIHG R�� / I I i : ENCROACHYENT � ' � .�.�� ,� �. �� I i i�i�� .I ��I��I I � �1 ��I��,,�� .'' SY RNLINC ENCROAtliMENT _ :.,I��I��I il��,�� '� �� ENCROA�d i -�� n��'• % � '.,:i.�:i: ��I'� i �/ ;; ��•� j £3s SEE DETAIL /4 � g FOR BUILDING 1.6'BUIIqNC � o '^�,�' ENCROAqiMENT �i ENCROAp1MENT � � � �_� DETAIL y6 � �' 4 \ �i oera� ,� �\ HIGHLIGHT DOCK � �.6,o�+,P o NO SCALE o�� ENCROACHMENT °� �� .a�°`� oax } AREA � o�°� / � o' SEE DETA� i3 FdR ING L TION 0.4'OOpf QlCROAf%iMENT � 7e'Dop+ Fi.Bi218 I � o�a� �a � \ No sca� � . � \ � THIS 5 AN ASS4JMED � \\�O BEOFNhi15 SUR4fY CNL�Y.gs � �� 28�S7EP //� gtfp \ F� \ ' � �G �CC aa 28'RAA� 2.T R�fIP �� 11RE OPINION \ EASEMENTS: F UE ING 0.^� •SSOCIAT IMC. I.�CINlllt9�.1�YVRlf�01f8 4.4'RAYP ENCROAOitENT �nx�oasr n.nsw�s� \ (swl ue-wxc OnA'MI Br:�[M O�EIXio Br: nX \ SUp�EY DATE:9/27/IB PIOT D�iF:2/7l1/19 DWG N0.IL250-01 RP SCAIF:N/A � �" SHEET 3 OF 3 5 Prepared by/Return to: Barry A. Lindahl, Senior Counsel, Suite 330, 300 Main Street, Dubuque IA 52001, 563 583-4113 RESOLUTION NO. 262-19 INTENT TO APPROVE A MUTUAL EASEMENT AGREEMENT WHICH PROVIDES FOR THE DISPOSAL OF AN INTEREST IN CITY OF DUBUQUE OWNED REAL ESTATE BY GRANT OF EASEMENT TO DUPACO VOICES, LLC Whereas, Dupaco Voices, LLC (Dupaco) is the owner of ,a tract of land known commonly as the Voices Building located at 1000 Jackson Street and legally described as: Lot 1 of Wilmac Place in the City of Dubuque, Iowa (hereinafter referred to as the "Dupaco Parcel"); and Whereas, a building encroachment on Jackson Street and dock encroachment on Washington Street located on the Dupaco Parcel encroach upon the City right-of-way area in three locations, identified in Detail 1, 2, and 7 on Exhibit A attached hereto and by this reference made a part hereof (the "Dupaco- Encroachments"); and Whereas, City desires to grant to Dupaco an easement for the Dupaco Encroachments; and Whereas, City has placed benches and bike posts, planters, trash cans and similar items within the Dupaco Easement Area shown on Exhibit A (the "City Encroachments"); and and Whereas, Dupaco desires to grant to City an easement for the City Encroachments; Whereas, Dupaco and City have tentatively agreed to the terms of the Grants of Easements attached hereto and as provided in the Mutual Easement Agreement attached hereto, subject to City Council approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF. DUBUQUE, IOWA: 062719ba1 Section 1. The City Council intends to approve the Mutual Easement Agreement and to dispose of its interest in the above-described City property by the Grants of Easements as provided in the Mutual Easement Agreement. Section 2. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to dispose of its interest in the property to beheld on the 5th day of August, 2019, at 6:00 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa. Passed, approved and adopted this 15th day of July, 2019. Attest: Ke in Firnstahl, City Clerk 2 Roy D. Bj4 , Mayor EXHIBITA Plat of Survey (Retracement) of: Lot 1 of �Imac Place, �� in the City of Dubuque, lowa Ooc ID: 010252360003 TYPe: GEN Klnd: RETRACEMENT SURUEV Recorded: 03/O6/2019 at 01:14:0� Pfi INDEX LEGEND Fee Nmt: $17.00 Paqe 1 of 3 �ocauan' mno�wumacqace Dubuque Gounty Iova sevaarsectio�xa.iesN,aaeo�mes�nc.M, John MurphV Reco�der o�e�a�e ewmy,mwa 2 01 g-00002 2 35 ReQueslor'.Jonn Gronm F112 Propnemn we.macvmveM�T�any 9�1 Jncksm 51..OupuQue,IP 5]001 SurveYor ie(ry L Hce2er CampnnY:&�asin9 BAssaiates.lnc. itl2 LxusI51..0u�uQue,W 5R001 RelumTo�.�Ikoelker(�buesingcom (553)5`.bA399 PFEPIRE�BY: BUESING h RSSOLIAlES RO�R�5S:1R12 LCCVS�SIPEET. NO� OVBV�UE IOW� PHCNE:($83J 556-4]89 THIS SURVEY IS COMPRISEO �E LOi 1 Oi YALNAC PLACE � /� IN lHE CIiY OF OU9UpUE,IOWA / /' `� // \ p TIIS IS AN PSSUMEO �P�/ \pY BEARING FOp TIE PURPOSES N�' � OF iH15 SIIRVEY ONLY. -,si�� Yl` ;,�q'�" \ � / N�q0� sF onu�F � � �/ 17�� [NI:RO�a�oiT \ �£ � N p �W N � \� � / / �� • � i�. B ISOIrvc � � �0 ��/N yp�la��l ��, �ar i oF MaausTn PucE � �� e� \ � / cnsnnc s[orru�F �oeru�F \p� � o�rzrvcao / � WAJ(WPY fdi 9XlqX0 \ FNCPO/LMIFNi � \ CIP'LOi J89 ' .� � E%ISTNG RO' ��T�r N �dl � ucervsm nau FxisnNc � �" �cxisnHc � w�xa p°r Sl»� o�Ancw vca ooc � � �� BI111DIXG \\O� WALNW�Y ' � I201O-1.15J< E \ � � NOR1H 3�.BY OF �� 1�� ;'�C' `�TM LOT390 —"HIGHLIGHT DOCK ;=�1 �\ \� �,�5��'� N ENCROACHMENT � � ° �\ ��"'� �AREA \ � \ �E"�'u° eA+Euw�s c r e c � � HIGHLIGHT `""'°`°""`"' � � � BUILDING E"'�^"� � � T�y\ \ BNIDINC V. \ \ �\ ��, ENCROACHMENT �oE..�n � � '� �� . AREA a�°�a" � � p�£� ;� �.828 A RES 5 2118'35'W � �'. 40.9V8 SG 9.90'(B.Bp'J J\ E Y � � \ �i . ... �. .:. E N��p'O jNFy"I \ . �'5, v'm��m aixul � i l ]e"1 � Ev"'.nk��o;'35` 3 �� `�� + 0 \ � s¢onu�n .ti•�. \�\ cr�'v� lOR MIIMNE W i��PER FNfA0AO11Eirt BG.p$j� / 5 \ / �� \ /�0.Ow�� /� 5' EASEMENT �\ ' /' AREA FOR r' BENCHES, BIKE LEGEND \ RACKS ETC. Q FOIIND MIGNAIL e FWNO LUi% O I+LALE➢5/B�IflON REPW W/piANCE PLISPC GP MPFNE�'KW%ER 15JdY p' 2$' $�' �pp' � pUCE�CVi X oQ vucco uwi unc uui w rn�es SCALE: 1' = 50' � cwm xor ser ouc m uxowc ix ammwc axoa�tt uHe —suAverEo aAcv.ur�e 54.�_amnr ar wnr uxr NOTES -w.o—v�o—n�o—oiuEusiax uHc oH�v �EYlSPHG BNLNNG JNE(PFICN) 1.RLL NFASUPEMENIS PRE IN FEEi PNO�ECINRLS iHWEOF. SF SWRPE FEEi 1.LOiK PflEP OF PERWEIEF SURK�EU IS 0.9R9<CRES(10.�09$F). ( ) RELORUEO OIMENSIIXI ].1X15 GLqT15$IIBJECi iC ILL EP4NENi5 Oi PECOPD FNO NOT 0�RECM�. `\��i��u�n i rveuer cexnvv me**His urvo mevenxs 000uueHr wos S�ESING o��o;��., oaFUHOEa ur oiaecr vEx�n wps�iaeAnsiaH qNo nnaRMcn an o��r uns�e�xn'nox�nerau 'z"�' '�L��`- nuo su uxocv mE uws sr�1E s/y(h a iowa. "" ?V' h�FYL 'm;� � �j�'[ / �1]IRLCCiS!'.o-VW4UE.4 _- Xtlt E 6 ll9B 3 = IEPFY L ER (�RIE� pRANN BY:JLX MECKE�BY: lll( 'J�. 1549) ��yp3 LICENY NIIMBER 154BJ g�F�EY pAIE:9/2J/IB PLOi OAIE'.2/PO/19 �*�'..� ��ry.�F MY IICENSE RENEWAL�P1E IS OECEMBEP 31.R019 OWC.N0.IB15�01 qP SCAI£' 1��50' ' �°w"�" SHEET 1 OF 3 sn¢ns mvevrn ar ixis sn�: snars i.a n� �1 ��1�� c+.a'^`� 3 DETAILS & EXISTING EASEMENTS FOR: Plat of Survey (Retracement) of: Lot 1 of �Imac Place, in the City of Dubuque, lowa EXISTING EASEMENTS: A. An access easement to the City of Dubuque, lowa upon the vacatlon of a portion of Washington street and grant af such property to a oredecessor—;n—'mterest, filed September �1, 7967 in Bk.193iL-162 in the recorCs of the Oubuqua County Recorder. Whlie a large porHon oP this streel has s'mce been dedicated beck ta the City, o narrow strip of property to lhe west of Washington street Is part af the reol estate under axamimtion, and therefore thls easement encumbers such portion. B. An access easement to the City of Dubuque, lowa upon the vawtion of a po�tian of tOth etreet and grant of such property to a predecessar—:rinterest, tiled September 18, 1968 in Bk.796T�-678 ln lhe records of the Dubuque County Recorder. While a large portion of this street has since been dedicateC bock to Ihe City, a narrow strip o� property to the north of 70th street Is part of the real estate ucder exomination, ord therelore this easement encambers such portion. C. Pn access easement reserved by the City of Dubuque, lowa upon the vacatlon of a portlon of the elley formerly runNng through :he recl estate under examination, previousty identified as City Lot 389A, and grant of such property lo a predecessor—irinterest, flled Decamber 2J, 1968 in Bk.197TL-581 'm the records of the �ubuque County Recorder. D. An access easement in favor of the real estate unaer examinotion reserved by a predecessor—in—interest `or the use of a rollroad Gack, railroad loading docks, and twa truck docka to the east of the real es[ate unde� examinotion, filea Aprll 15, 7977 as Instrumen± No. 3548-77 in the recores of the Oubuque Coonty Recorder. This easement requlres fhe :itle holder af the reol estate under examination to contdbute to the maintenance ond repair of the railroatl tracks, to light the truck looding docks, and other obligotions. By the f�fing of a qult—Goim deed fled as Instrument No. 2011-�1751 on January 26, 2011 some of [he obllgaLfons regarding this easement may be ext,inguished due to the doctrine of inerger, however s�ch deed would not affect righfs and obllgoEions regartling the railrnotl tracks, whlch Ile o�tsitle of the real estate to be transferred by the quit clalm dead. An atPidavit and attoched memorandum of ogreement was filetl on Aprii 15, 2003 as Inskrument No. 9030-03 in the records of the Dubuque Ccunty Recorder modfying this easement. E. An easement reserved by a predecessor—In—interest to enter upon the premises for the purpose of closing openings ln a wall along the wes[erly side of what is now Washington Street, flled June 3, 1977 as Instrument No. 5454-77 in the records of t6e Dubuque County Recorder. It is unGear from .he abstroct whether such closure hos been campleted, and you should Inquire Into this metter with the seller prior to dosing. F. An easement granted to Ihe title holders of Clty Lot 389 and the nortnerly portlon oP Clty Lot 39Q f0ed Sep:ember 22, 1977 as Instrument No. 9985-77 in the rerords of ihe �ubuGue County Recorder. This easement is des'cribed as follaws: "A non—exclaslve sldewalk easement to use the existing private sidewalk located over ond along the northwesterly comer uf the Southerty 20.34 feet of City Lot 390; and also a non—exdusive driveway easement over a portion of City Lot 389H (a vacatetl alley) to provide access [o the prasent dwr located on Yhe easterly side of the building located on the lots being hereby conveyed�, PROVIDED thot the [grantee] acd lts successors and assiyns do nat use said oasements in such a manner os to unreosonobly inter(ere with other partles' rights to use sald easemevts." G. An eaeement granted ta the tiHe holders of what is now Lot 7 of Mabusth Placo, (i?ea December 22, 1977 as Inetrument No. 13687-77 in the records of the Dubuque County Recorcer. ihis easement is described os follows' "A non—exdusive driveway easement over a portioe uf CiTy Lot 389A (a vacated alley) to provitle occees to the present door located on the westerly side oF the building located on the lots being hereby conveyed; PROVIDED that ihe [grantee] and Its successors and assigns do not use sai6 easements ln such a monner os to unreasonably interfere wiih other parties' rignPs to use said easements." The tlocument conveying this easement also cooveys an eosement for the non—exdusive use of the fwo truck docks desciibea ln the easement referenced in Paragraph 3(D). H. An easamwt reserved by a predereseor—In—interest 'm favor of a thlyd parTy (Double S & J, .nc.) For pedestrian and vehicle travel on, over, and across the property that is now 10th Street ond a norrow portion of Lot 1 ot Wilmac Ploce (a strip of property bordering tOth Streef 5 'eet in width), f�ied December 9, 1977 as Instrument Na. — he Dubuqce CounTy Recorder. It is possible fhat this reservation was 'mtended to refer �--��j��j�--�� er a porFion oP what is cow lOth street to the east of the recl estate �nder intentioc does BUILDING ec=ement as recorded. ENCROACHMENT a a�eae�ess�� ,� ��e�es<. a�a tne ow�e�s or wr,ac �s �ow ene so�rn hair or ,om ri hts to what is r,ow 10th street, Fllad January ], 1988 as Instrument Na. 176-88 In AREAS ou ty Recorder_ Thls eosemenl encumbers Lhe souLhem 5' of the real estate under ee . � �r . 1 � \ ; t o.,•a��o�� J o.o`�M�\ �UEDSI��NG ENCROACNMENt \\� E�� \ �O � �z� ��vs si.uuvwucftie � saw.ve�sz�)sss en �ETAIL �'1 � DETAI� �2�� . ouevev onrec s/zv/�e•P�or on�reYs/pns NO SCALE NO SCALE � owc.vo.ieasa-oi ev scn�e u/n SHEET 2 OF 3 4 DETAILS & EXISTING EASEMENTS FOR: Plat of Survey (Retracem ent� of: Lot 1 of �Imac Place, in the City of Dubuque, lowa � � DETAII �'9 1" = 10' �6�'B�Tf��o o��/ S6'RMl1NC BASE ENCRO�CHMENT �o�°��o DETAIL �3 - NO SCALE �. �� `� aa'eunuir+c�� i ENqtOALHMENT � DETAIL �4 q. 1.8'BURDING ''� NO SCALE o�ry-o� ENCROAqIMENT � /°` o n S DETAIL �'S e�° � • NO SCALE z.ao'arrser \ % vn*xess aw c I.i'611�lDINC � en5n�+c ENCRORCHMQIT Ovtitn[no ` WRLKWRY �Ow \ / os•auimir+c R � i ENCROACHMFNT / v I S3'RNIJNC ENCR0Aq1MENT 8.5'DUMPSIER pldtOACHYENT � �� SEE DETAIL �4 4�`s FOR BUILDING ' 1.8'BURDINC �� o `"g' ENCROACHA�ENT ENCRONQINENT DETAIL M6 g t� � .. .. NO SCALE � . o /. � � DETAIL �7 \ . HIGHLIGHT DOCK �� No scn�e 1'0�\ ENCROACHMENT �v 6.6'pUMPS ENCROA T ��/°�o � AREA g '"� ' °pq' SEE DET /3 � � • � FOR B DMG LO TION � 0.0 OOp( ENdtOACHMENT� � Y / �• ��..... . . .. � as'000x Ff�612.16 \ DETAII �'8 /' � NO SCALE � sw \ �P \ MIS IS AN ASSUMEO /� BEARING FOR THE PURPOSES \�AO OG MIS SORVET ONLY. �pN�� \�L ' ].B'SIEP i� 5� \ / R�P \ 0.a��G qCC 2.8'RRMP 2T RAMP TITIE OPINION \ EASEMENTS: F UESING 0.aM� ASSOLII.LES IHC. (pfMllR4 Axo SVFTYorta {.1'RAMV ENqtOACHMQiT i�� awuc u \ (s¢i)s-uve ORFNN BY:JCn LrvECItEO BY: R% \ wavev onre. a/n/ia a�o�our�. a/zo/�s owc.No:�erso-m ev u��:x/n � "" SHEET 3 OF 3 5 Prepared by and Return to:D.Flint Drake,Drake Law Firm,P.C.,300 Main Street,Suite 323, Dubuque,IA 52001 (563)582-2000 MUTUAL EASEMENT AGREEMENT THIS MUTUAL EASEMENT AGREEMENT ("Agreement") is made and entered into as of the day of , 2019, by and between Dupaco Voices, LLC, an lowa limited liability company ("Dupaco"), the City of Dubuque, lowa ("City"), and Caradco Landlord, LLC ("Caradco"). Each of the foregoing may be referred to herein, individually as a "party" and collectively, as the "parties". RECITALS A. Dupaco is the owner of a tract of land known commonly as the Voices Building and legally described as: Lot 1 of Wilmac Place in the City of Dubuque, lowa (hereinafter referred to as the "Dupaco Parcel"). B. Caradco is the owner of a tract of land known commonly as 900 Jackson St., Dubuque, lowa and legally described as: Lot 1 of Caradco Place in the City of Dubuque, lowa (hereinafter referred to as the "Caradco Parcel"). C. The Dupaco Parcel lies directly north of the Caradco Parcel and City owns: (1) the right of way known as 10t" Street, which runs between the Caradco Parcel and the Dupaco Parcel; (2) the right of way known as Washington St., which runs along the east side of both the Dupaco and Caradco Parcels, and (3) the right of way known as Jackson St., which runs along the west side of both the Dupaco and Caradco Parcels (all collectively the "City Parcels" or referred to individually by street name). D. The building or attachments thereto on the Dupaco Parcel shown on Exhibit A attached hereto encroach upon portions of the City Parcels and the City desires to grant an easement to allow the building and attachments to remain in their current location. E. Various easements and other agreements affect all of the parcels subject to this Agreement and the parties wish to clarify, expand upon or eliminate certain of such agreements and desire to set forth their agreements regarding each in writing. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. Citv Easement South of Buildinq on Dupaco Parcel. An easement in favor of City exists over an area five feet in width immediately south of the building on the Dupaco Parcel (befinreen the south edge of the building and the north edge of the now existing right of way) (the Dupaco Easement Area) by virtue of an easement agreement filed September 18, 1968 at Bk. 196TL-678 in the records of the Dubuque County Recorder (the Dupaco Easement Agreement), as shown on the Exhibit A. The Dupaco Easement Agreement granted to the City an easement for sewer, water and other utility services and further allowed the owner of the Dupaco Parcel to maintain docks and other structures in the Dupaco Easement Area. Though not provided for in the Dupaco Easement Agreement, City has placed benches and bike posts, planters, trash cans and similar items within the Dupaco Easement Area. Dupaco hereby grants to City an easement for the placement, maintenance, repair and replacement of the bike posts and benches, planters, trash cans and similar items as shown on Exhibit A. City agrees to defend, hold harmless and indemnify Dupaco and its successors and assigns in ownership of the Dupaco Parcel from and against any liabilities, claims, damages or causes of action in any way related to the bike posts and benches, planters, trash cans and similar items and their location within the easement area, including reasonable attorneys' fees and costs incurred due to such claims. City confirms Dupaco's right to placement, maintenance, repair or replacement of the ramp, dock/landing and steps currently located south of the Dupaco building as shown on Exhibit A. Dupaco and its successors and assigns in ownership of the Dupaco Parcel shall defend, hold harmless and indemnify City from and against any liabilities, claims, damages or causes of action in any way related to the location of the ramp, landing/dock or steps, including reasonable attorneys' fees and costs incurred due to such claims. 2. Easement Aqreement between Owners of Dupaco and Caradco Parcels Related to 10t" St. By a mutual easement agreement recorded January 7, 1988 as Instrument No. 176-88 (the Dupaco/Caradco Easement Agreement), predecessors in interest to the Dupaco Parcel and the Caradco Parcel granted to each other an easement over what was then the area between the buildings on the respective Parcels (and which at such time was privately owned by the parties), shown on the Exhibit A as East 10th Street and the areas between the buildings on the Dupaco and Caradco Parcels outside the city right of way. This area is now largely owned by City and is 10th Street. However, portions of the area covered by the Dupaco/Caradco Easement Agreement are still owned by the respective Parcel owners. Dupaco and Caradco do each hereby terminate the easement rights in favor of each other created by the Dupaco/Caradco Easement Agreement and declare the easements created thereby are now void and of no further force or effect. 3. Dupaco Building Encroachments. The building encroachment on Jackson Street 2 and dock encroachment on Washington Street (the Dupaco Encroachments) located upon the Dupaco Parcel encroach upon the City right of way area in three locations, identified in Detail 1, 2 and 7 on Exhibit A. City hereby grants to Dupaco, and its successors and assigns in ownership of the Dupaco Parcel, a perpetual easement for the Dupaco Encroachments. Dupaco and its successors and assigns shall defend, hold harmless and indemnify the City from and against any liabilities, claims, damages or causes of action in any way related to the Dupaco Encroachments, including reasonable attorneys' fees and costs incurred due to such claims. 4. Tunnel Easement. The Survey reflects a tunnel running from the south edge of the Dupaco Parcel, under and through the City Parcel known as 10th Street and connecting to the north edge of the Caradco Parcel, as shown on the Survey. The tunnel is the subject to previous easement agreements recorded as Instrument Nos. 2010-13577 and 2010- 13576 (the Tunnel Easement Agreements). The parties hereby confirm the Tunnel Easement Agreements and agree to the following terms and conditions with respect to the tunnel within the easement: A. Access and Use. Each of Dupaco and Caradco shall secure the access to the tunnel on their respective properties such that there can be no access to either property from the tunnel without the consent and acquiescence of the owner of the property to be accessed. Neither party shall use the tunnel for storage or any other use without the prior written consent of the other party. The parties may enter into a separate written agreement regarding temporary uses or use of the tunnel for access between the properties. B. Maintenance, Repair and Replacement. Caradco and Dupaco, and their respective successors and assigns in ownership of the Caradco Parcel and the Dupaco Parcel shall be jointly responsible for all costs of maintenance, repair or replacement of the tunnel. The parties shall mutually agree in advance upon any item of maintenance, repair or replacement and shall each be responsible for one- half of the cost of such item. In the event one party believes that an item of maintenance, repair or replacement is necessary and reasonable and the other party does not agree, the parties shall mutually agree upon an expert contractor, engineer or similar professional skilled in the type of work proposed and in evaluating the need therefore (the "Arbiter"). The Arbiter shall view the property and receive input from both parties and shall make a determination as to the necessity of the proposed work. If the work is determined by the Arbiter to be necessary and reasonable in light of all circumstances, then the work shall be perFormed. Caradco and Dupaco, or their successors, shall share equally in the cost of the Arbiter and in the cost of performing any work determined to be necessary and reasonable by the Arbiter. Neither the Arbiter or any company or other individual with whom the Arbiter is affiliated shall be retained to perform any work determined by the Arbiter to be necessary and reasonable. The parties agree that this provision is necessary to ensure the objectivity of the Arbiter. If the parties are unable to agree upon an Arbiter within ten (10) days of the disagreement, then each party shall, within fifteen (15) days of the date of disagreement, name one arbiter skilled in evaluating the 3 need for the proposed work and the two arbiters shall, within thirty (30) days of the date of disagreement appoint an Arbiter meeting the qualifications set forth above and the Arbiter shall promptly initiate the resolution process. In all events the Arbiter shall make a determination in writing of the necessity and reasonableness of the proposed action within thirty (30) days of his or her appointment. C. Liability and Hold Harmless. Caradco and Dupaco, and their successors and assigns, shall be jointly liable for any damages, claims or causes of action that arise in any way related to the tunnel. Provided, however, if the damage, claim or cause of action is caused by the negligence of one of Caradco or Dupaco, or their representatives, agents, or employees, the negligent party shall be solely responsible for any damages, claims or causes of action and agrees to defend, hold harmless and indemnify the other party from and against such claims. Caradco and Dupaco each agree to defend, hold harmless and indemnify City from and against any and all damages, claims, or causes of action related to the tunnel and the Tunnel Easement, unless such damage, claim or cause of action is caused by the negligence of City or its representatives, agents or employees. The obligation to hold a party harmless hereunder shall include any reasonable � attorney's fees or costs incurred by the protected party in any way related to the damage, claim or cause of action. 5. Bindinq Effect. This Agreement, and all of the rights, obligations, easements, covenants, burdens, restrictions, uses, and privileges contained herein are appurtenant to the Dupaco Parcel, the Caradco Parcel and the City Parcels, shall run with each such Parcel, and shall bind and inure to the benefit of the owners of each Parcel, and their respective representatives, heirs, successors and assigns. 6. Amendment and Termination. All of the covenants, agreements, rights, duties, interests and benefits created hereby or contained herein may only be terminated or amended, in whole or in part, by written agreement executed by the then owners of the Caradco Parcel, the Dupaco Parcel and the City Parcels. 7. Applicable Law. This Agreement shall be governed by the laws of the State of lowa. If any of the provisions contained herein shall be held invalid or unenforceable for any reason, such invalidity or unenforceability shall not in any event affect any of the other provisions contained herein and such other provisions shall be valid and enforceable to the fullest extent permitted by law. 8. Arbitration Provision. A. The parties agree that, except as provided below, all disputes arising out of or relating to this Agreement or the breach thereof will be promptly submitted to and settled by arbitration in accordance with the Commercial Arbitration Rules, then in effect, of the American Arbitration Association ("AAA"), except to the extent modified herein. Unless otherwise agreed, the arbitration shall be conducted in Dubuque County, lowa. 4 B. Each party will within thirty (30) days of receipt of notice that the matter has been referred to arbitration, appoint one arbitrator and, within thirty (30) days of the appointment of the last of such two arbitrators the two arbitrators will appoint a third arbitrator. If either party or the two arbitrators fail to timely appoint an arbitrator, AAA will appoint the last arbitrator. The arbitrators will not be empowered to award punitive or exemplary damages. C. Unless otherwise determined by the arbitration panel, the parties will bear their respective costs incurred in connection with the procedures described in this Section 8, except that the parties will share equally the fees and expenses of any arbitration. D. Notwithstanding any other provision of this Agreement, each party will still be entitled to access the courts to (i) toll any statute of limitation or (ii) seek appropriate injunctive relief or other equitable remedy if, in such party's sole discretion, such action is deemed necessary to avoid irreparable damage or preserve the status quo. 9. Entire Aqreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior understandings and agreements between the parties regarding such subject matter. [Remainder of page intentionally left blank; Signatures to follow] 5 SIGNATURE PAGE OF DUPACO VOICES, LLC IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. DUPACO ICES LLC By: am : o earn Title. �i'dent _�.�.W.� �n__,_.._ . �__..�_�._ ---.. �; ti,sr��. D�af��i{DIa�1NiJ '��'�� COMP1!�SI�N taCPl1BER 167II08 STATE OF IOWA ) "`� � * MY COiV[diiSSIGN cXPiRES r^�,a .� —�zf—o2LJ! COUNTY OF DUBUQUE ) SS � ��"�'�G��L On this /`�r day of J��-. , 2019, before me, a Notary Public in and for the State of lowa, personally appeared Joseph Hearn, to me personally known, who being by me duly sworn did say that he is the president of Dupaco Voices, LLC, that said instrument was signed on behalf of said company by authority of its members and the said Joseph Hearn acknowledged the execution of said instrument to be his voluntary act and deed. 6 SIGNATURE PAGE OF CARADCO CARADCO LANDLORD, LLC By; Name: � �i/l.� �20�� Tifle: V.P. of ('�ronf.� t:�� - Mz�ubeY STATE OF IOWA ) ) SS, COUNTY QF DUBUQUE } On this � day of �� , 2019, before me, a Notary Public in and forthe State of lowa, personafly appe red �j�;,,,� (��,,�,,.s�,� , to me personally known, who being by me duly sworn did say that �he is the �l� .� ��1�r. of said �'��1,4��'`,v(,.i� C.c�;.r,�,��,��that no seal has been procured by the said ��t., C��,w...�,.-� and that said instrument was signed on behalf of said �,� �� by authority of its1�n,�,�� and the said t`(� �- �,��• acknow dged the execution of said `mstrument to be the voluntary act an deed of said �� C��.�a� , by it voluntarily executed. ��.��`'`P�CA�OW��'''��. � ,� �-�_�c. __ ��:__� , :��',�PQ.\A`'S�A� ��= Notary �ublic in and for State of lowa z: — p e o\°° ��` i �••,. • ,�. : � • �,e. ��. . ��''',�O.�m'�a,�o`,,,`�� 1 i � I I 7 SIGNATURE PAGE OF CITY OF DUBUQUE CITY OF DUBUQUE, IOWA By: Name: Title: ATTEST: By: Kevin S. Firnstahl, City Clerk STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this day of , 2019, before me, a Notary Public in and for the State of lowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known, who being by me duly sworn did say that they are the mayor and city clerk of the City of Dubuque, lowa, and that said instrument was signed on behalf of the City of Dubuque, lowa by authority of its City Council and Roy D. Buol and Kevin S. Firnstahl acknowledged the execution of said instrument to be the voluntary act and deed of the City of Dubuque, lowa, by it voluntarily executed. Notary Public in and for State of lowa 8 EXHIBIT A Plat of Survey (Retracement} of: �ot � of �Imac Place, Ii�IIIIIPiIiiII��IIIIIiIIIIIIIIIIP�!Illl�llilll��laU8111V1111�� in the City of Dubuque, lowa Doc ID: 010252369003 7vpe: GEN Klnd: RETRACEMENT SURVEY INDEX LEGEND Recorded: 03/06/2019 at 01:14:07 PM Fee Amt: $17.00 Pape 1 of 3 �o�anrn� �midw�i�aece DubuQue County Ioua se+ao�s«umza,resri.azeaubsmaM., dohn MurphV Recorder °�°UQOe`�"".�" 2019-00002235 ' Ravues�or.�on"�`°"er' F i 1 e P�ovna«:NFImxPrav�yC�P�+r BOt J,iGson SL.WDuque.IA• 1 SurveyOr Tpry�.1(pykp Company:Buesig A ASSOcia185,hC. 7112 LocuYlSl.OuWp�,».IA SZCO7 RelumTo:tlk0e(kx�Wesinq.com (583)358d389 rr�r.aeo er:euesr+e:�ssoanrts ss i2is iausr srn�r. N0� CUBUQIE IOWA PHONF:(563 556-�389 TNIS SUR�EY I$COMPRISED OF: LOT 7 OF N1U1AC PLACE. � /� IN T7E CIIY OF W3UWE,IOWa � /' MIS IS AN ASSUAIED �P��/ /' \\p� BEARING FOR THE PUNPOSES ��' � OF THIS SURVEY�NIV. �%1� N 66��pd� �pET�p \ \� // • N ��t \ic / /�'II Op�J EJOSINC \�� \\ / � ��,. BUI:.d�G Aa /� �$�5$9g� �/ p�' L071 Of NA8U5T11 PLACE \ �z \ / N�yO�� "�" \ \ � � p�yH�p 5EE o[GL P g.E ocili A p� \ qTY LOT J89 /� WA RWAY a�T \L \ � \ \ `/ s¢aer�u M Ewsie+c m' � '� � �t 3C��d1 , ��\ \ IKEH�fA A� nosnwo p � \ euurnNc ��a WALKWIY ' � ►za,o-,ia�. � E \ � Natn��o.as oa ' �L�'�' _-'C� an�oT 390 � "HIGHLIGHT DOCK � :='1 � \� ,.�,�� o� N ENCROACHMENT " � `�°' � � � S � �°°"9� 2 AREA \ � CA59EH14 F � \ \\ � `�� HIGHLIGHT °uia""'�"'� � � � � BUILDING �°S°� `� � �� '� � '�\ Z �,E, ENCROACHMENT � p � � ,- N�: AREA � �� ; QC29 A RES s zns •w e\ �°• 40.�f6 SF 9.40'(9- , 4 \ �i .�'�t�o �,� \ �0. FAg11FlI7S&X!I .:--�� .�•� ``, f!�'�0�'�1�N"'_�6 -/ (W�IOm 1AEA� ;- ` }� ,`��`�P��Qp 59 � �' t�,,p�� \ � � ` �� /�� r` �� 56��3 � � / . \ /�5�� ` � /' 5' EASEMENT \ /' AREA FOR �" BENCHES, BIKE LEGEND \ RACKS ETC. Q FQIND YAGNAL e FaU�ID WT% � O PIACm S/9'IRON RER00 W/ORANCE PL/SiIC - cna w�w�m'uo�.uvt Is�eY p� y5• �• 1�• � a..cm an z OQ PUCED MtY Y�C N�y IN PA4ER5 SCALE: 1� a $Q' o CWl➢NOT SET DIA TO LANDINC IN BUll�ilC ————rnor�+tt ur� � —sin��o raov.ur� '�_r�+�a NAY UNE NOTES -d.o—n0-0.U—OWEt1510N uNE Oltr �EASTING BIApNC UNE(BRICX) 1.ALL IffASU�Ifi ARE IN fEEf N10 DEqMlLLS ilEAEOF. SF SOu�RE FEET 2.TOT11 MEA 0�FERNEIER AIR\£�'ED IS 0.9I9 ACRES I10.t�6 S�. ( ) RCCOROED d4EN510N 7,1N5 PUT IS S1B ECT RI N1 EASpIQ/R R'�CORD M10 NQ�OF RECYIRD. q11Na�p�N/y I HEREBV CFAPFY IH�T iH15 LWU 9RVEYNG OOCUYEYT'NA5 UE�SING �� LANO Hy PREP�Wm�M Bff REIAhb 9WVF'/�Idi1(WAS PEFFdWm BT YE ��cO' .••••�. di UNOEq yY qRECT Al SLPFRN90N ANO TNAT I A4 A DUIY �SOCIA ES IW�. ?cr: •�lp'? fXelNRR4�11 fffR�fltlRB ?�'� �lutr� •��'s w ixt urs qF S SyC/ aP�owti ��:�a�ur��u / = NOF11ffR ip= _S !L =�� • = 1Ef3RY L ER (UAIE) DMMN BY;JCM LHECKED BW. 7lK ��.' �� ' a UCENSE IUM�R 15�8] SUX\EY DATE 9/27/IB PlOT UAIE Y/20/19 2/��'•'•... :�*� MY UfYNSE flENEWAt DAIE 5 OELFYBJt 34.3019 0'MC.ND.7823P-01 RP SCAIE:1'.50' ��;"„��°a AiEETS CObERm Bl'7M5 YK: $fEE15 1.2 t] SHEET 1 OF 3 � I��- "��«•�9 3 DETAILS & EXISTING EASEMENTS FOR: P1at of Survey (Retracement) of: Lot 1 of �Imac Place, in the City of Dubuque, fowa EXISTING�ASEMENTS: A. An access casement to the City of Dubuque, lowa upon the vccotion of a portion of Washington street and grant � of such property to 0 oredecessor—in—interest, f�leG September 11, 1967 in 3k.193T�-162 in the records o` the Dubuque Couniy Recorder. Whiie a large pertior of this street hes since 6een dedicated beck to the City, a norrow s:rip of property to the west oF Washington street is part af the real estcte under examinot�on, and therefore this easement encumbers such portion. B. An access easement to the City of Dubuque, lowo upon the vaca;ion of a portion of tOth street and gront of such property ta a predecessor—in—interest, filed Seotember 18. 1968 in BkJ95TL-678 in the recortls of the Dubuque County Recorder. While a large portion af this stree; hos si�ce been dedicated bock to the City, a narrow strip of property to the north of 10th street is port of the reai estate under exemination, ar.d therefore this . easemenf encumbers such por:ion. C. An access easement reserved by the City of bubuque, lowo upon the vocation of a portion of the elley formerly running through the real esto;e under exom;nation, previously identified as City Lot 389A, and aranf of such property .o a predecessor—in—interest, filed Detember 23, 1908 in Bk.197TL-581 in tne records of the Dubuque County Recorder. D. An access easement in favor of the real estate under exomination reserved by o predecessor—in—interest for the use of a railroad trock, rcilroad loading docks, and two truck docks to the east of the reol esta;e under examination, !iled April 15, 1977 as Instrument No. 3548-77 in the records of the Dubuque County Recorder. This easement requires the title hoider o` the reai estate under examination to contribute to the maintenance and repoir ef the railrood trocks, :o light the truck loading docks, and other obl�gations. By !he filing o( a a.uit—claim deed f�led as Instrument No. 2Cit-1751 on January 26, 2017 some of the obl!ga:ions regarding this easement may be ezt�rguished Cue to the doctrin=_ ot merqer, however such deed wou!d not offect rignts ond obligoFlons regarding the railroad trocks, which lie outsde of the recl esta'.e to be transferred 'oy the quit cicim deed. An affidavit and ottoched memorandum of ogreement was fileC or April 15, 2003 cs Instrument No. 9030-03 in the I records of the Dubuque Ccunty Recorder modifying this easement. E. An easement reserved by o predecessor—in—inierest to enter upon the premises for the purpose of closing openings in a wail along the wes:erly side of what is �ow Washington Street, filed June 3, 1977 os Instrumert No. 5454-77 in the records of the Cubuque Ccunty Recorder, it is undear from the abstract whetner sucn closure has been completed, and you shouid inquire into tnis metter with the seiler prior to closing. F. An easement granted to tne title holders of City Lot 389 ard the northerly portion of City Lot 390, Fied Sep.ember 22, 1977 as Instrument No. 9985-77 in the records of the Dubuque County Recorder. This easement is described as follows: "A non—exclusive sidewalk easement to use the ex7sting private sidewalk located over o�d along the northwesterty corner of the Southerty 20.34 feet of City Lot 390; and olso a non—exclusive driveway easement over a portion of City Lot 389A (a vacated alley) to provide access to the present door located on the eosterly side of the building tocated on the lots being nereby canveyed; PROVIDED that the [grantee] and its successors and assigns do not use sQid easements in such a manner as to unreasonobly interfere with other parties' rights to use said easements." G. An easement grantzd to the title holders ot what is now Lot t of Mobusth Piace, filed December 22, 1977 as � Inslrumenf No. 73687-77 in the records of the �u6uque County Recorder. This eosement is described as fofiows: � "A non—excl�sive driveway easement over c portion of City Lot 389A (a vacated alley) to provide access to the present door located on the westerly sioe of the building located on the lots 6eing hereby conveyetl; PROVI�ED that ;he [grantee] ond its successors ond assigns do not use said easements in such a monner as to unreasonabty interfere with other porties' rignts to use said easements." The document conveying this eosement also corveys an easemen: (cr the non—exclusive use ef the two truck docks desc��bed in the easement referenced in Peragraph 3(D). H. An easement reserved by a predecessor—irinterest in favor of a third party (Double S & J, Inc.) For pedestrian and vehicle travel on, over, and ocross the property that is now lOth Street ond a narrow portior. of �ot 7 of `Nilmac Place (a strip of property border:ng tOth Street 5 feet in width), filed December 9, 1977 as instrument No. e Dubuque County Recorder. It is possible that this reservatio� was intended to refer HIGHLIGHT er a portion of what is now 1Cth street to the east of the real est�te under in.ention does BUILDING easement as recorded. ENCROACHMENT a P�edecessor ,� interest ��a f�e owners of what �s now the 5o�th na�, o� ,oth ri hts to what is now lOth street, flied January 7, 1988 as Ins[rument No. '7fi-88 ir AREAS u :y Recorder. Th�s easement encumbers the southern 5' of the real estate under ee. ' ` } \ � ` � e�t� UESING 0.1'BUILOING 1J �� fNWNil�o�svn:i�roRs R7CRO�CHLIENT �\� Ee� �\� 1'!�]lDCJSr 5f�p�g�pyE u � �suil _.a° � dtA1W BY: .CM CHEO(m BY: RK DETAIL �It � DETAIL /2� wrsve�o�re:v/n/�a w_oT o.re:zimi�3 NO SCALE NO SCALE oxc.�o �esw-m FP $:AL:N/A SHEET 2 OF 3 4 � I DETAILS & EXISTING EASEMENTS FOR: Pfat of Survey (Retracement) of: Lot 1 of wlmac Place, in the City of Dubuque, lowa � oeTa� ,� � i• = io� � � o�aG;��"° i ui' �..o S.6'RNUNG BASE RlCROACHNENT �a°� DETAIL i/3 / NO SCALE J�pc s�` BU� / 0.6'BUItDINC \ QICROAGHYRlT �� / A DETAIL /4 �. i.Y�mniNc ` / NO SCALE o��.o� ENCROACHMENT \ q o�D� \ /�O ` / "� DE7AIL �CS vc� � NO SCA�E z.ov on-�T \/ / � w�.rvess r�n I.f'BUttDING o cnSm+c EMCROACHMENT / o+t�+�E�o � wwcwer � �/ 0.S'BIALDIHG R�� / I I i : ENCROACHYENT � ' � .�.�� ,� �. �� I i i�i�� .I ��I��I I � �1 ��I��,,�� .'' SY RNLINC ENCROAtliMENT _ :.,I��I��I il��,�� '� �� ENCROA�d i -�� n��'• % � '.,:i.�:i: ��I'� i �/ ;; ��•� j £3s SEE DETAIL /4 � g FOR BUILDING 1.6'BUIIqNC � o '^�,�' ENCROAqiMENT �i ENCROAp1MENT � � � �_� DETAIL y6 � �' 4 \ �i oera� ,� �\ HIGHLIGHT DOCK � �.6,o�+,P o NO SCALE o�� ENCROACHMENT °� �� .a�°`� oax } AREA � o�°� / � o' SEE DETA� i3 FdR ING L TION 0.4'OOpf QlCROAf%iMENT � 7e'Dop+ Fi.Bi218 I � o�a� �a � \ No sca� � . � \ � THIS 5 AN ASS4JMED � \\�O BEOFNhi15 SUR4fY CNL�Y.gs � �� 28�S7EP //� gtfp \ F� \ ' � �G �CC aa 28'RAA� 2.T R�fIP �� 11RE OPINION \ EASEMENTS: F UE ING 0.^� •SSOCIAT IMC. I.�CINlllt9�.1�YVRlf�01f8 4.4'RAYP ENCROAOitENT �nx�oasr n.nsw�s� \ (swl ue-wxc OnA'MI Br:�[M O�EIXio Br: nX \ SUp�EY DATE:9/27/IB PIOT D�iF:2/7l1/19 DWG N0.IL250-01 RP SCAIF:N/A � �" SHEET 3 OF 3 5 Prepared by and Return to:D.Flint Drake,Drake Law Firm,P.C.,300 Main Street,Suite 323,Dubuque,IA 52001 (563)582-2000 GRANT OF EASEMENTS THIS GRANT OF EASEMENTS ("Agreement") is made and entered into as of the day of June, 2019, by and between Dupaco Voices, LLC, an lowa limited liability company ("Dupaco") and the City of Dubuque, lowa ("City"). Each of the foregoing may be referred to herein, individually as a "party" and collectively, as the "parties". RECITALS A. Dupaco is the owner of a tract of land known commonly as the Voices Building and legally described as: Lot 1 of Wilmac Place in the City of Dubuque, lowa (hereinafter referred to as the "Dupaco Parcel"). B. A building encroachment on Jackson Street and dock encroachment on Washington Street located on the Dupaco Parcel encroach upon the City right of way area in three locations, identified in Detail 1, 2, and 7 on Exhibit A attached hereto and by this reference made a part hereof (the "Dupaco Encroachments"). C. City desires to grant to Dupaco an easement for the Dupaco Encroachments. D. City has placed benches and bike posts, planters, trash cans and similar items within the Dupaco Easement Area shown on Exhibit A (the "City Encroachments"). E. Dupaco desires to grant City an easement for the City Encroachments. THEREFORE, in consideration of the mutual terms and conditions herein and in a Development Agreement between the parties related to the Dupaco Parcel, the parties agree as follows: 1. City hereby grants to Dupaco, and its successors and assigns in ownership of the Dupaco Parcel, a perpetual easement for the Dupaco Encroachments. Dupaco and its successors and assigns shall defend, hold harmless and indemnify the City from and against any liabilities, claims, damages or causes of action in any way related to the Dupaco Encroachments, including reasonable attorney's fees and costs incurred due to such claims. 2. Dupaco hereby grants to City an easement for the City Encroachments. City shall defend, hold harmless and indemnify Dupaco from and against any liabilities, claims, damages or causes of action in any way related to the City Encroachments, including reasonable attorney's fees and costs incurred due to such claims. [Remainder of page intentionally left blank; Signatures to follow] 2 SIGNATURE PAGE OF CITY OF DUBUQUE CITY OF DUBUQUE, IOWA By: Name: Title: ATTEST: By: Kevin S. Firnstahl, City Clerk STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this day of , 2019, before me, a Notary Public in and for the State of lowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known, who being by me duly sworn did say that they are the mayor and city clerk of the City of Dubuque, lowa, and that said instrument was signed on behalf of the City of Dubuque, lowa by authority of its City Council and Roy D. Buol and Kevin S. Firnstahl acknowledged the execution of said instrument to be the voluntary act and deed of the City of Dubuque, lowa, by it voluntarily executed. Notary Public in and for State of lowa SIGNATURE PAGE OF DUPACO VOICES, LLC IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. DUPACO VOI LLC y: — Name: os Hearn � ,n�ul S o�BR��QIGMANN Title: 'dent p�<�- r COMA�ISSION�,�CI�BcR 167808 °�� MY COMfViISSIGN EXPIRES STATE OF IOWA "�--"'"�s 'a -`��-�`�` ) ) SS. ��,��o_ ��L��'`J COUNTY OF DUBUQUE ) On this /s� day of ��J �r /� , 2019, before me, a Notary Public in and for the State of lowa, personally appeared Joseph Hearn, to me personally known, who being by me duly sworn did say that he is the president of Dupaco Voices, LLC, that said instrument was signed on behalf of said company by authority of its members and the said Joseph Hearn acknowledged the execution of said instrument to be his voluntary act and deed. EXHIBIT A Plat of Survey (Retracement} of: �ot � of �Imac Place, Ii�IIIIIPiIiiII��IIIIIiIIIIIIIIIIP�!Illl�llilll��laU8111V1111�� in the City of Dubuque, lowa Doc ID: 010252369003 7vpe: GEN Klnd: RETRACEMENT SURVEY INDEX LEGEND Recorded: 03/06/2019 at 01:14:07 PM Fee Amt: $17.00 Pape 1 of 3 �o�anrn� �midw�i�aece DubuQue County Ioua se+ao�s«umza,resri.azeaubsmaM., dohn MurphV Recorder °�°UQOe`�"".�" 2019-00002235 ' Ravues�or.�on"�`°"er' F i 1 e P�ovna«:NFImxPrav�yC�P�+r BOt J,iGson SL.WDuque.IA• 1 SurveyOr Tpry�.1(pykp Company:Buesig A ASSOcia185,hC. 7112 LocuYlSl.OuWp�,».IA SZCO7 RelumTo:tlk0e(kx�Wesinq.com (583)358d389 rr�r.aeo er:euesr+e:�ssoanrts ss i2is iausr srn�r. N0� CUBUQIE IOWA PHONF:(563 556-�389 TNIS SUR�EY I$COMPRISED OF: LOT 7 OF N1U1AC PLACE. � /� IN T7E CIIY OF W3UWE,IOWa � /' MIS IS AN ASSUAIED �P��/ /' \\p� BEARING FOR THE PUNPOSES ��' � OF THIS SURVEY�NIV. �%1� N 66��pd� �pET�p \ \� // • N ��t \ic / /�'II Op�J EJOSINC \�� \\ / � ��,. BUI:.d�G Aa /� �$�5$9g� �/ p�' L071 Of NA8U5T11 PLACE \ �z \ / N�yO�� "�" \ \ � � p�yH�p 5EE o[GL P g.E ocili A p� \ qTY LOT J89 /� WA RWAY a�T \L \ � \ \ `/ s¢aer�u M Ewsie+c m' � '� � �t 3C��d1 , ��\ \ IKEH�fA A� nosnwo p � \ euurnNc ��a WALKWIY ' � ►za,o-,ia�. � E \ � Natn��o.as oa ' �L�'�' _-'C� an�oT 390 � "HIGHLIGHT DOCK � :='1 � \� ,.�,�� o� N ENCROACHMENT " � `�°' � � � S � �°°"9� 2 AREA \ � CA59EH14 F � \ \\ � `�� HIGHLIGHT °uia""'�"'� � � � � BUILDING �°S°� `� � �� '� � '�\ Z �,E, ENCROACHMENT � p � � ,- N�: AREA � �� ; QC29 A RES s zns •w e\ �°• 40.�f6 SF 9.40'(9- , 4 \ �i .�'�t�o �,� \ �0. FAg11FlI7S&X!I .:--�� .�•� ``, f!�'�0�'�1�N"'_�6 -/ (W�IOm 1AEA� ;- ` }� ,`��`�P��Qp 59 � �' t�,,p�� \ � � ` �� /�� r` �� 56��3 � � / . \ /�5�� ` � /' 5' EASEMENT \ /' AREA FOR �" BENCHES, BIKE LEGEND \ RACKS ETC. Q FQIND YAGNAL e FaU�ID WT% � O PIACm S/9'IRON RER00 W/ORANCE PL/SiIC - cna w�w�m'uo�.uvt Is�eY p� y5• �• 1�• � a..cm an z OQ PUCED MtY Y�C N�y IN PA4ER5 SCALE: 1� a $Q' o CWl➢NOT SET DIA TO LANDINC IN BUll�ilC ————rnor�+tt ur� � —sin��o raov.ur� '�_r�+�a NAY UNE NOTES -d.o—n0-0.U—OWEt1510N uNE Oltr �EASTING BIApNC UNE(BRICX) 1.ALL IffASU�Ifi ARE IN fEEf N10 DEqMlLLS ilEAEOF. SF SOu�RE FEET 2.TOT11 MEA 0�FERNEIER AIR\£�'ED IS 0.9I9 ACRES I10.t�6 S�. ( ) RCCOROED d4EN510N 7,1N5 PUT IS S1B ECT RI N1 EASpIQ/R R'�CORD M10 NQ�OF RECYIRD. q11Na�p�N/y I HEREBV CFAPFY IH�T iH15 LWU 9RVEYNG OOCUYEYT'NA5 UE�SING �� LANO Hy PREP�Wm�M Bff REIAhb 9WVF'/�Idi1(WAS PEFFdWm BT YE ��cO' .••••�. di UNOEq yY qRECT Al SLPFRN90N ANO TNAT I A4 A DUIY �SOCIA ES IW�. ?cr: •�lp'? fXelNRR4�11 fffR�fltlRB ?�'� �lutr� •��'s w ixt urs qF S SyC/ aP�owti ��:�a�ur��u / = NOF11ffR ip= _S !L =�� • = 1Ef3RY L ER (UAIE) DMMN BY;JCM LHECKED BW. 7lK ��.' �� ' a UCENSE IUM�R 15�8] SUX\EY DATE 9/27/IB PlOT UAIE Y/20/19 2/��'•'•... :�*� MY UfYNSE flENEWAt DAIE 5 OELFYBJt 34.3019 0'MC.ND.7823P-01 RP SCAIE:1'.50' ��;"„��°a AiEETS CObERm Bl'7M5 YK: $fEE15 1.2 t] SHEET 1 OF 3 � I��- "��«•�9 3 DETAILS & EXISTING EASEMENTS FOR: P1at of Survey (Retracement) of: Lot 1 of �Imac Place, in the City of Dubuque, fowa EXISTING�ASEMENTS: A. An access casement to the City of Dubuque, lowa upon the vccotion of a portion of Washington street and grant � of such property to 0 oredecessor—in—interest, f�leG September 11, 1967 in 3k.193T�-162 in the records o` the Dubuque Couniy Recorder. Whiie a large pertior of this street hes since 6een dedicated beck to the City, a norrow s:rip of property to the west oF Washington street is part af the real estcte under examinot�on, and therefore this easement encumbers such portion. B. An access easement to the City of Dubuque, lowo upon the vaca;ion of a portion of tOth street and gront of such property ta a predecessor—in—interest, filed Seotember 18. 1968 in BkJ95TL-678 in the recortls of the Dubuque County Recorder. While a large portion af this stree; hos si�ce been dedicated bock to the City, a narrow strip of property to the north of 10th street is port of the reai estate under exemination, ar.d therefore this . easemenf encumbers such por:ion. C. An access easement reserved by the City of bubuque, lowo upon the vocation of a portion of the elley formerly running through the real esto;e under exom;nation, previously identified as City Lot 389A, and aranf of such property .o a predecessor—in—interest, filed Detember 23, 1908 in Bk.197TL-581 in tne records of the Dubuque County Recorder. D. An access easement in favor of the real estate under exomination reserved by o predecessor—in—interest for the use of a railroad trock, rcilroad loading docks, and two truck docks to the east of the reol esta;e under examination, !iled April 15, 1977 as Instrument No. 3548-77 in the records of the Dubuque County Recorder. This easement requires the title hoider o` the reai estate under examination to contribute to the maintenance and repoir ef the railrood trocks, :o light the truck loading docks, and other obl�gations. By !he filing o( a a.uit—claim deed f�led as Instrument No. 2Cit-1751 on January 26, 2017 some of the obl!ga:ions regarding this easement may be ezt�rguished Cue to the doctrin=_ ot merqer, however such deed wou!d not offect rignts ond obligoFlons regarding the railroad trocks, which lie outsde of the recl esta'.e to be transferred 'oy the quit cicim deed. An affidavit and ottoched memorandum of ogreement was fileC or April 15, 2003 cs Instrument No. 9030-03 in the I records of the Dubuque Ccunty Recorder modifying this easement. E. An easement reserved by o predecessor—in—inierest to enter upon the premises for the purpose of closing openings in a wail along the wes:erly side of what is �ow Washington Street, filed June 3, 1977 os Instrumert No. 5454-77 in the records of the Cubuque Ccunty Recorder, it is undear from the abstract whetner sucn closure has been completed, and you shouid inquire into tnis metter with the seiler prior to closing. F. An easement granted to tne title holders of City Lot 389 ard the northerly portion of City Lot 390, Fied Sep.ember 22, 1977 as Instrument No. 9985-77 in the records of the Dubuque County Recorder. This easement is described as follows: "A non—exclusive sidewalk easement to use the ex7sting private sidewalk located over o�d along the northwesterty corner of the Southerty 20.34 feet of City Lot 390; and olso a non—exclusive driveway easement over a portion of City Lot 389A (a vacated alley) to provide access to the present door located on the eosterly side of the building tocated on the lots being nereby canveyed; PROVIDED that the [grantee] and its successors and assigns do not use sQid easements in such a manner as to unreasonobly interfere with other parties' rights to use said easements." G. An easement grantzd to the title holders ot what is now Lot t of Mobusth Piace, filed December 22, 1977 as � Inslrumenf No. 73687-77 in the records of the �u6uque County Recorder. This eosement is described as fofiows: � "A non—excl�sive driveway easement over c portion of City Lot 389A (a vacated alley) to provide access to the present door located on the westerly sioe of the building located on the lots 6eing hereby conveyetl; PROVI�ED that ;he [grantee] ond its successors ond assigns do not use said easements in such a monner as to unreasonabty interfere with other porties' rignts to use said easements." The document conveying this eosement also corveys an easemen: (cr the non—exclusive use ef the two truck docks desc��bed in the easement referenced in Peragraph 3(D). H. An easement reserved by a predecessor—irinterest in favor of a third party (Double S & J, Inc.) For pedestrian and vehicle travel on, over, and ocross the property that is now lOth Street ond a narrow portior. of �ot 7 of `Nilmac Place (a strip of property border:ng tOth Street 5 feet in width), filed December 9, 1977 as instrument No. e Dubuque County Recorder. It is possible that this reservatio� was intended to refer HIGHLIGHT er a portion of what is now 1Cth street to the east of the real est�te under in.ention does BUILDING easement as recorded. ENCROACHMENT a P�edecessor ,� interest ��a f�e owners of what �s now the 5o�th na�, o� ,oth ri hts to what is now lOth street, flied January 7, 1988 as Ins[rument No. '7fi-88 ir AREAS u :y Recorder. Th�s easement encumbers the southern 5' of the real estate under ee. ' ` } \ � ` � e�t� UESING 0.1'BUILOING 1J �� fNWNil�o�svn:i�roRs R7CRO�CHLIENT �\� Ee� �\� 1'!�]lDCJSr 5f�p�g�pyE u � �suil _.a° � dtA1W BY: .CM CHEO(m BY: RK DETAIL �It � DETAIL /2� wrsve�o�re:v/n/�a w_oT o.re:zimi�3 NO SCALE NO SCALE oxc.�o �esw-m FP $:AL:N/A SHEET 2 OF 3 4 � I DETAILS & EXISTING EASEMENTS FOR: Pfat of Survey (Retracement) of: Lot 1 of wlmac Place, in the City of Dubuque, lowa � oeTa� ,� � i• = io� � � o�aG;��"° i ui' �..o S.6'RNUNG BASE RlCROACHNENT �a°� DETAIL i/3 / NO SCALE J�pc s�` BU� / 0.6'BUItDINC \ QICROAGHYRlT �� / A DETAIL /4 �. i.Y�mniNc ` / NO SCALE o��.o� ENCROACHMENT \ q o�D� \ /�O ` / "� DE7AIL �CS vc� � NO SCA�E z.ov on-�T \/ / � w�.rvess r�n I.f'BUttDING o cnSm+c EMCROACHMENT / o+t�+�E�o � wwcwer � �/ 0.S'BIALDIHG R�� / I I i : ENCROACHYENT � ' � .�.�� ,� �. �� I i i�i�� .I ��I��I I � �1 ��I��,,�� .'' SY RNLINC ENCROAtliMENT _ :.,I��I��I il��,�� '� �� ENCROA�d i -�� n��'• % � '.,:i.�:i: ��I'� i �/ ;; ��•� j £3s SEE DETAIL /4 � g FOR BUILDING 1.6'BUIIqNC � o '^�,�' ENCROAqiMENT �i ENCROAp1MENT � � � �_� DETAIL y6 � �' 4 \ �i oera� ,� �\ HIGHLIGHT DOCK � �.6,o�+,P o NO SCALE o�� ENCROACHMENT °� �� .a�°`� oax } AREA � o�°� / � o' SEE DETA� i3 FdR ING L TION 0.4'OOpf QlCROAf%iMENT � 7e'Dop+ Fi.Bi218 I � o�a� �a � \ No sca� � . � \ � THIS 5 AN ASS4JMED � \\�O BEOFNhi15 SUR4fY CNL�Y.gs � �� 28�S7EP //� gtfp \ F� \ ' � �G �CC aa 28'RAA� 2.T R�fIP �� 11RE OPINION \ EASEMENTS: F UE ING 0.^� •SSOCIAT IMC. I.�CINlllt9�.1�YVRlf�01f8 4.4'RAYP ENCROAOitENT �nx�oasr n.nsw�s� \ (swl ue-wxc OnA'MI Br:�[M O�EIXio Br: nX \ SUp�EY DATE:9/27/IB PIOT D�iF:2/7l1/19 DWG N0.IL250-01 RP SCAIF:N/A � �" SHEET 3 OF 3 5