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Dupaco Voices, LLC Mutual Easement Agreement_Hearing Copyrighted August 5, 2019 City of Dubuque Public Hearings # 2. ITEM TITLE: Dupaco Voices, LLC Mutual EasementAgreement SUMMARY: Proof of publication on notice of public hearing to consider approval of the disposal of the City's interest in property related to Dupaco Voices, LLC by Grants of Easements as provided in a Mutual EasementAgreement, and the City Manager recommending approval. RESOLUTION Approving the Mutual Easement Agreementforthe Millwork Districtand the Grantof Easement between the City of Dubuque, lowa (City) and Dupaco Voices, LLC (Dupaco) SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) 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 Proof of Publication 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: Resolution Approving the Mutual Easement Agreement for the Millwork District and the Grant of Easements between the City of Dubuque and Dupaco Voices, LLC DATE: July 22, 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 approve the Mutual Easement Agreement and the Grant of Easements. 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 � All•Aeerica Ciqt DUB E , �:,�,.,x�.,.�, ' I Im► � � 2007•2012•2013 Masterpiece on the Mississippi 2017*Z019 ` BARRY A. LINDAH SENIOR COUNSEL MEMO To: Michael C. V'an Milligen City Manager DATE: July 18, 2019 RE: Resolution Approving the Mutual Easement Agreement for the Millwork District and the Grant of Easements between the City of Dubuque and Dupaco Voices, LLC 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 10th 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/F,vc (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. I recommend that the City Council adopt the attached resolution approving the Mutual Easement Agreement and the Grant of Easements. 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_ResolutionDisposingOflnterest_071719.docx 2 EXHIBIT A Plat of Survey (Retracement} of: Lot 1 of Wilmac Ploce, ��I'��'��lu��ii��'i��,��I�i�ui��i��J��i�� in the City of Dubuque, lowa Doc ID: 010252360003 Type: GEN Kind: RETRACEMEN7 SURVEV INDEX LEGEND Recorded: 03/O6/20t9 at 03:14:07 PM Fee Amt: SI1.00 Paqe 1 of 3 iocaocn� �miaw�imxpece Dubuque County Iova SE1NofSectim14,T85N,R1Eo1mp5rrPM., JOIlf1 tlurohv Recorder °"°°°°e`�'".'� ' 2019-00002235 Requaslor.Jonn Gmien F i 1 e �. Frcqiietor.W��maCAoperyCampary. 801 Jactsan 5t..WD�:.ue.IA 52001 Surveyor Tury L NaNkb Canpany:Bue54+9 8 Assodates,hc. 1212 LOCusI St.OuWa-�e.IA S2C01 RaiumTo.tlto9lker�6uesing.com (Sb3i556-0�89 PREPMEp B":B1:E51MC 3�550CIAtES ADORESS 1212 lOCVSI S"HEET. CUBUWE IOWA PHONE:(563)556-U89 THI$SURVEY IS COMPRIS[OQOFg�. �OT 1 GF NILNAC PLACE. � /� IN h1E CITY OF W3UQUE.IOWA � /' �/' \ g�� p�4 TNIS IS AN p55U41E0 �P�/ BEARING%CR Th'E PUPPOSE$ �5�' � CF P.iIS SUR4EY CNIY. _Si1� �J'- E / N g61Q'� ��T�A � \ \� �� l'Z°' �o�woii \ �f � • / oN \ � �RpW ; m''w cnsrnc � 4 � i w � -�� sur..�nc c� � 49 .J�� , p� //��8�},'O l�gg� �% N� LO?? OF IAABUSh1 PLACE \ \� \ ` \ \� / ��c,�p RE oc7t1 N SEE ocLV./7 P� � / / WA�.J(WAY fLR BU0.117�MG � \ \ \ CI^'LOT 189 ./// a��C7YE7�7 ` r/ � 100� � E%ISTMC 2C' \P�, ' C�/ FNCROA ACFlIf]IT Qjl1\0• '� U`�qNEM\ \ lR'U/3J�fA �E'451ING �rnNG N � \ BUILGMG . \1�' WN.i(WAY ' � i2010-11571 .. � E \ � NORTH 3�.83'OF � 'L�� , qTY LOT 390 ¢�� " HIGHLIGHT DOCK � �=�� - _ � � �� o�' N ENCROACHMENT � � � `20' � \ �°°•9� li� z AREA � (ASUE71h`F � � \ \ \ � `�� HIGHLIGHT �'°'�'"�"'c � � '�� BUILDING �5� ��, �, '� � ��, ENCROACHMENT �� \� �\ (�NN `°� ,4REA °�`�*a' � ra � P�4� 4,� �..'� �.929 A RES � 5 2118'3,'YI P\ I �• IO.N6 SF 9.90'(9. � l� s , :, r, � y � � ,�_,�\acr��_.J \ � � 1- �,s�t'�n'"ss�� ( ; Y�/�. y. ' , '',, e�t�'a. �D_ FAg11D17S&N t 1 `�' . '/5g'� �a�G �NN�'j6 � \�r\ .i � (rurocu u+u) ,i 9�q13' �\�� EpH�f��o-,35 \`/ l�(OR 6�iA1�ar1G ' :yrl 223 „ `✓�9� ` 3� � ,� FNCROAO7YEx7 ..{�''6yj / ✓ 5 � . \Y St�� , � � y,..� /'��0.�� 5' EASEMENT \ �,�`;/' AREA FOR � BENCHES, BIKE LEGEND \ RACKS ETC. Q FQIND NAGNAL � Fd:l�W T% O PLACED 5/8�IR�N RERCO W/Of1AHCE P115tIC GP IIMI(EO'Kx1KER 15MY p' 25� c�� 100� � PIA�WT% OQ GLAQV YPA NAG NNL T1 PA�£AS SCALE: �• z SU• O CWl➢N07$ET DUE TO L/JIOING IN EURDHG ————aRor�+n uue � �aiR�rEo aacv.un� ��i av w�r u� NOTES —AO-0.➢—➢IA—po�EK51q1 uNE ONLY 1.Nl YEASUREVEN75.ViE IN fEEf�VN DEqMN.S T1EREiS. �EIOSIING 3U0.DING UNE(BPoCX) SF SOUME iEET 2 TOTK,WEA OF PERIILiER 91fi�EYED IS Q929 ACRES(W.4�8 5�. ( ) RECOFOED OIIIENSION 3.1H5 F'UT 15 418.�LCT Rl HL EAAI/FN75(F i£CQiD uJ0 NOT OF REOORO. `\`�„��JN�� t niREgY LERPFV'.MAT iM15 UNO S:RVEYNG OOCUMENT'NAS UE�SING c0��,•••••.�SL��G OR'JtMER^YY�012 CRELAlFO AL�AIPFAN90N AH PERFCFM:O 8A WLY ASSUCU ES iNC. �t`';•� :Pt'. SU 'NOER ME UMS QF Sy�lE OF low.� ��'� �SUR9lYMJ ;U: �+Y: :'^{: _S Sl! ,�,x��.°�.. - NOFIXFR = %��. 15/8) :na lE7FY L-� ER (DAtE) �RAMN 3Y:JG>i G'.ECKFJ BY:ilK UCQlSE NUl13ER 1518] SUR�I'DA'E:9/2]f18 R0T OFl£2/70/19 ��*�•. ��*: uY UCEYSE RENEWAI DATE IS OEfIMB_It 11.1019 oYM,.No.ID150-o1 RP SCILE:i•�50• ��'"��mr�°un��"d�••••" 41EET2 CO`�ERED BY P65 SEAI: SMEE15 1.3 R 7 SHEET 1 OF 3 � I1"' �,cs•^9 3 DETAILS & EXISTING EASEMENTS FOR: Plat of Survey (Retracement) of: Lot 1 of Wiimac Place, � in the City of Dubuque, (owa EXISTING EASEMENTS: A. An access ecsemert to the City of Dubuque, lowo uoon the vccaticn of a pwtion eF Washington stree! and grant o* such property to a predeces;or-in-in;er=st, [le� Seetember 11, I967 in 3k.193T1-to2 tn :he records o` the Oubuq�e Coun;y Recorder. Wh7e a large pertior. of this s`•.reet hes s'�nce heer Cedicated beck ta the City, a narrow s:rip of property to the west oF Washing;on s:reet is part cf .ne �=al estcte under examinat�cn, and tnerefore this eas=ment encumbers sucfi portion. B. An cccess easemen: to the City of Dubuque, lowc upon the vacai:or of a portion oP tOth sL•eet and gron; o�.` such property [o a predecessor-in-interes'„ filed Seatember 18, 1968 :n Bk.i9o?�-678 in the records oF the Dubuq�e County RecorCer. While a large portior: of t�fs street hcs since �een dedke!ed back to the City, a narrow strtp of property to the north o; t0th street is port of the real estate under examination, and therefore ,his easemert encumcers such porJen. C. An access ease.m=nt reserved by the City of Ououque, lewa upon the vacat`en of a por',ion ot the eiley former!y runn;ng thrcugh th:e recl esto;a under examination, previousty idenG`ied as City Lot 389A, ard arant of sucn property .o o predecessor-in-lnterest, filed Decemb=r 23, 1968 in Bk.1977L-j81 in t�e records of tne ��ubuque County �ecorder. p. An access easement in favor o` the raal estcte ur.der excminciion r=served by o p��edecessor-in-rnterest for tne use o` o railroaC track, rcilroad Ieading dacks, and t«o t!uc;c docks to the ecst o` the re�! es!c:e under ezamir.a:icn, `ilec April 'S, 1977 as Instrumen; No. 35=8-7; in the recores oP !he Dubuque County Recorder. Th�s easement reGcires fhe title hoeder e` the reai estote urde� examina:iun ;o cortribute io the mcinter.ance end reacir of tne raiirood uacks, :o light the truck loqding docks, and other obi�Sations. By the filing of o quit-c;alm deed filed as Ins!r�ment No. 2C71-1757 on Janucry 26, 2011 some of the obl`gn[:ons regarding this <asement may be eztfrguished Cu=_ [o Ihe doctrins ot me�ger, however such deed wou;d not a(feci rgnts and obligot�ons regarding the raSirooa Frocks, whirh lie outside of ,he recl esta'.e to be trcrsferred by the qui; cic-��m deed. A❑ otfidavit and a[toched memorondum of agreement was fiied or �pr:l 15, 2003 cs Instn;ment No. 9C30-03 in ;ne records of the Dubuque County Rzcorder modifpng ',his ecsement. E. An easement reserved by a predecessor-irin:eresi to er.ter upen th.e premises For the purpose o` closing cpenings in a wail along t�e wes:erly side of who: is now Wcshirgton Stree:, filed J�re 3, 19?? as Instrument No. 5454-77 in the records of the BubuGue Ccunty Recorder. ;t is unclear from ;he abstract whetner sucn closure hos been completed, and ycu should inquire into th:s metter with the seiier prior to clasing. F. An easem=nt granted to [ne tftle hoiders of City lot J89 and [he northerfy portion of City �ot 390, fiied September 22, 1977 as fr.strumert No. 9985-77 in the recor�s of ;ha Gu�uGu> Courty Recorder. This easement is described cs follows: "A non-exclusive sidewalk easement "o use .he existing privcte sidewal't iocated over a�d alenq the northwesterty comer of ;he Southerty 20.34 feet of Ci:y Lot 390; cnd oiso a r.on-exclusive driveway eosemect over a portion of City Lot 389A (a vacated alley} to provide access ,o the nrosent door located an the eosterly side of the buildinq tocated on the lots being nereby corveyeC; PROVICED that th.e [graetee] and ifs s�ccessors and assiqns ca not use sai� easements in such a manner es 'te unrecsonabiy interfere v�ith other � parties' r�.gnts to use said easements." G, An eusemertt gronted to :he tlUe holders of what is now Lo: 7 of Mabusth P!ace, filed December 22, 1977 as Instrumer.t No. 13087-77 in the records of the �ubuque County RecorCer. This eosement is described os follows� "A non-exclvsive drnewey ecsemen; over o portior, of City Lo: 389A (a vaceted aLe�) to provide occess to the present door loccted on the westerty sine of the building located on tn= lois beieg hereoy conveyed; PROV�DED thot the [gran,ee'• cnd its successors and assigns do not use soiC eosemants in such o monner os to unreasonably interfere with cther parties� rignts to use said ecsements." The document conveying .his eosemenf clso cor.veys on eosernen; for the nen-exrusive use cE tne two truck docks descnbec in the ecsement re.`erznced in Pe!agraoh 3{D). H. An ecsement reserved 'oy a predecessor-in-interest in favor of a th;rd party(Doub�e S & J, Inc.) For oedestran and vehicle travel on, over, and ocross the prope�ty that is now 10:h Street ond a rarrow portior of Lot 1 of Wilmac Place (a st!ip o` property bordering tOth Street 5 Feet in width), f�led Decem�ber 9, 1977 cs Insirument No. - ' ' he Duouque County Recorder. It is po=_sible tha', th�s reserwtioa was intended to reFer HIGHLIGHT e� a portion o` wnat is now 1Ctn street to the east of Ihe �ecl es.o:e under lntentian does BUILDING ecsement as recorded. ENCROACHMENT a P�edecessor ,� interest ��a the cwners or Wha� ,s �ow thz so�th ha�F or r�;� ri hts to weai is now 10th street, filed January 7, !988 as instrument No. 175-88 ir AREAS u :y Recorder. ihis easemenF encumbers the soutnem 5� of the �eal estete under _ ee. 1��C'�`f��` -��A . , ti � Y� � � � � � . o.r eui�arw `� o��,"`'`\ � UESINNG ENCROAp/4EN7 ^ \Q EN'� \ axwxarnx��a sUmaro�t \� \.AO �l�x�nC:is�s�.0�5UU�E u (XS)55l-SBY ORANV BY: Ai C!1EQ(EO BY: RJ( CE?AIL �f1 � DETAIL y2� S�RVfi D0.1E: 9/2>/18 P:Oi CA7E:2/20/•3 NO SCALE "C NO SCALE �wc.ua.iazsa-oi Fa $CAL:N/A SHEET 2 OF 3 � 4 DETAILS & EXISTING EASEMENTS FOR: Piat of Survey (Retracement) of: Lot 1 of wlmac P1ace, in the City of Dubuque, lowa � % �Era� gs %� j �'_ �o' ��y�e�� ' �6��G��? L j �/ ��.�- 5.6'RNUNG B.l�ENCROACHMENT � �v-° DETAIL /3 � j NO SCALE � �' �:�' � /; �/ %, � `, 0.6�BNIDINC / ENCROACHMENT \ �s � /• , v DETAII p4 �.g gux,p�Hc � NO SCAL£ ,,�� ENCROAp/MENT � � �-��°�� / � " i+ / DETAIL�y5 pc� � �� x NO SCALE zar ovr�T \ ' 'y� VATt:E55%N � 1.1'BUILpfNG �� EnSiarc ENGROACHMQIT � /' o�e+-�E�a � � WLLKWAY �� ...r��: I i � �� ,+ � as euitnn+c R / � �� I,� ENCROACNMEN�� " ,,,r�l�� I I I� ��, j{ � �,1� SS RAILINC FNCROAOIMENT � � � '�. � � '�'� i�� E.3'DNFSiER �I J� / ENGROACHYEWT II / / /�� li I� �� % � ��{ !�� ,� SEE DETAIL #4 � � / �= FOR BUILDING t.6'BuaptaC /� � / ��'/� ENC120ACHMEN7 I i ENCROACHYENT r� . i 4/ y� �Er,u�*s l / �> -� t p\ / j � DETA7L �7 \ HIGHLIGHT DOCK �� .� NO SCALE � g , 6'��P ao,/ �� ENCROACHMENT ��,� ��Q�-� � o� � AREA � ��'°� / , � o°- SEE DETAJ l'g3 FOR Bt)I(.D1NG r \ �4ATION aa'ooac � % �o�r,�Mo+T�� / / j•ti_?•`i _/`�1 � �� =F�al21fi i \ ' o�ai � � / \ No sc.o� � � � \ ;�,p /' \ MIS IS AN ASSIIMED BFARIYG FOR THE PtIR?OSES � \�O OF?HIS SI;R�EY CNLY. � �� 28'S7EP \ /I StEP R� \ ' i '� �G ACC y R 28'RAMP 2T RAYP �� TTLE OPINION � \ �,s°''a'S` F UE�ING � ��. �,..�.r..�..,� 4.4'RAYP ENCROACHLENT iziz iaasr s'.a.euac• \ (sral ss�-wm ORAW 3Y:A1 O1E0t_D BY: iUf \ 91pSEV DA'E-9/1�/1B Pl0'OATE:7/IO/19 � OW(:.N0.18250-01� SCAIE N/A ACC SHEET 3 OF 3 5 STATE OF IOWA {SS: c'�Y°owA°4°E,' ,' M NTT To FDUPA o � DUBU�UE COUNTY `OFFICIAL'NOTICE. i VOICES,LLC � PUBL'IC NOTICE is Whereas, 'Dupaco hereby given that the Voices,LLC(Dupaco)is ' City Council of the Cify I the owner of a tract of � of Dubuque; lowa, will land known commonly , hold a public hearing as;the Voices..Building ', � CERTIFICATION OF PUBLICATION on tr,e stn day ot:au- '� iocated at i000.�ack- ; gust 2019 at 6:00 p.m. son �Ereet and legally irt the Historic Federal desc�ibed.asi!Lot 1 of ? Building, 35D West 6th I W�Imac Place in the ', � Street, second floor, City''of Dubuque; lowa Dubuque,. lowa, at (hereinafter,referred to ' 1, SUZaY1110 Pll{e, a Billing Clerlc for Woodward W"��n meet��g tne c�ty� as ' the "Dupaco ', ,I Council proposes- to i Parcel");and �i dispose of an,interest, �Nhereas, a,building ', �� COTT1muri1C2tlOris, I11C., an Iowa corporation, pubI1S11eT in.�the following de-1 encroachment on�ack- I{ seribed real property son Street and dock ; of the Telegraph Herald, a newspaper of general bv M�t�ai EaSementl en�roa�nmenc . on ' ii Agreement: Washington "Street lo- �' C1TCulatlOri pub1iS11eC� lri tlle Clty Of DubuClue, COL1Tlty Lot 1 ot wilmac Place I cated on the Dupaco ' ;i in�the CiYy�of Dubuque,, par-cel encroaeh upon , � of Dubuque and State of Iowa; hereby certify that the lowa(Locally known as tne c�tY r�gnt-of-Wav att2C110C1 ri0t1Ce WaS ubIlSlleC� lri Sa1Cl 11eWs 2 eT Ori tlle portions of East lOth, area'in three locations, I p p p Jackson and Washing-� identified in Detail 1,2, ' i ton Stre�ts) ' , and 7 on Exhibit A at- ; f0110W1T1g C�2t0S: At the meeting, the tached hereto; and by I I City Council will re- this reference'rnade a JUI 19 2019 ceive.ora� and written parthereof(the Dupa- I, �� y ' ' comments from any l co _'Encroachments'); ' !I resident,� o� prope�Ey � and �� ' � ariCl fOT W111G11 t170 C112Pg0 1S �54.56 owner of said ciry to whereas,city desires ' � the above action.Writ- to grant to Dupaco an i :ten comments regard- � easementforflieDupa- ;I ,ing the above public I co WhereasmCity� has ' � � hearing may be sub- � � mitted to' the Ci,ty piaced benches and ! -Cferk's Office,City Hall„i bike posts, ;planters, ' 50 W,13th Street,on or i trash':cans and similar � Subscribed to before me a Notary Public in and for before 5a�a t�me of, �tems within the Dupa- ' public hea"ring., I co `Easement Area ' DUbUCllle COUrity, IOW2, Copies of supporting shown on Exhibit A �, documents#orthe pub- (the "City Encroach- ' I, iic hearings:are on file " ,ments");and - in the City Clerk's Of- Whereas,Dupaco de- I i t�11S�Clay Of , ZO��. fice, antl ` may be siresto grantto City an viewed during normal ' easement for the City � working hours and'at � Encroachments,•and ;� w:wwccityof¢ubuque. �Nhereas,Dupaco and � org. City :have tentatively ', I fndividuals,w"ith limit- agreed to theterms of ed English proficieney, the. Grants of Ease- ' ji NOt2r,y P c in and for Dubuque C ri , IoWa. vision, hearin9 or ments attached hereto. � speech : impairments and as provided in the y requiring special assis- Mutual Easement � tance should contact A9reement attached ' Ci tlie City Glerk's Office hereto,.subject'to City ' af(563) 589-4100, TDD Council approval. I� ,..�— (563} 690-6678, cty- �1pW THEREFORE,BE j r`sk��;��p��J�,��(�}��Y�� clerk�cityofdubuque. �T RESOLVED BY THE ! VI ,� org as,soon as reasipie. ��i ��iJi,iL �r Tri'r ', � � ='�„ � (�qI71YClISSlGII NUEl't��r`�� Dated this 19th day of 'CIN OF DU6UQUE, ', 7 ` � ��yt CUITIYYIl55i011 EX�Y.�Bh.�,2Q�D JuIY 2019. IOWA: Kevin S.Firnstahl, Section 1. The City � � �� CMG,City Clerk Couneil intends to ap- ' t lt 7/19 prove;the Mutual Ease- ', � P2ESQLUTION ment• Agreement and ' ` NOo262r19 to dispose of its inter- � INTENT 70 AP- est in �he above-de- ' PROYE A MUTU/AL scribed City property , � EAS�MENT AGREE- ,by the Grants of Ease- ' � MENT WHICH PRQ- ments as provided"in VIDES FOR THE i the Mutual Easement DISPOSAL OF AN IN- Agreement. � TEREST IN CITY bF Section 2. The City ' � DUBUQUE OWNED� Clerk is hereby autho- REAL ESTATE BYI rized:and directed to cause:�a.notice>to be """�" published as;. pre- scribed by lowa Code Section 403.9 of a pub- lic hearing on the City's � interit to`dispose of its interestin the property fo be�held on the 5th � day of August 2019,:at 6i00 o'clock p.m;in the City.Council;Chambers at the Historic Federal Building,350 Vil.6th 5t., Dubuque,iowa. Passed'approved and � adopted this 15th day of July,2019. Roy D Buol,Mayor ' � :Attest:Keyin Fi�nstahl, � r�ity Clerk t z <, ,r,�, �r.�t 7/�}�:, � , ;, �,r, € THE CITY OF Dui E Masterpiece on the Mississippi BARRY A. LINDAHL, SENIOR COUNSEL MEMO To: Q. Dubuque kind All -America City 2007.2012.2013 2017*2019 Flint Drake, Esq. DATE: August 9, 2019 RE: Mutual Easement Agreement/Grant of Easements / Dupaco Voices Flint:: Attached for your recording are the following original documents: 1. Mutual Easement Agreement by and between Dupaco Voices, LLC, the City of Dubuque, and Caradco Landlord, LLC, dated for reference purposes the 5th day of August, 2019; and 2. Grant of Easements by and between Dupaco Voices, LLC and the City of Dubuque, dated for reference purposes the 5th day of August, 2019. We would appreciate it if you would please provide us with a copy of the recorded documents once you receive them. Thank you. BAL:tls Attachment cc: Kevin Firnstahl, City Clerk (no att.) Jill Connors, Economic Development Director (no att.) F:\USERS\tsteckle\Lindahl\Dupaco Voices BRIDGE\Drake_OriginalDocs_080919.docx 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 Number: 201900009104 Recorded: 8/12/2019 at 4:27:01.0 PM County Recording Fee: $67.00 Iowa E -Filing Fee: $3.00 Combined Fee: $70.00 Revenue Tax: JOHN MURPHY RECORDER Dubuque County, Iowa Prepared by and Return to: D. Flint Drake, Drake Law Firm, P.C., 300 Main Street, Suite 323, Dubuque, A 52001 (563) 582-2000 GRANT OF EASEMENTS THIS0,A T OF EASEMENTS ("Agreement") is made and entered into as of the Dug day org.ri 2019, by and between Dupaco Voices, LLC, an Iowa limited liability company ("Dupaco") and the Cityof Dubuque, Iowa ("City"). Each of the foregoing may be p Y( P ) q ( Y)• 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, Iowa (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 attorneys 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 D By: Name: Title: UQUE,//��IOWA l./ Mayor ATTEST: By: Kevin S. irnstahl, ity (erk STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this 5th day of August , 2019, before me, a Notary Public in and for the State of Iowa, 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, Iowa, and that said instrument was signed on behalf of the City of Dubuque, Iowa 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, Iowa, by it voluntarij executed. PAMELA J. McCAHRON Commission Number 772419 My Comm. Exp. 4'-52i22/ (161./idez, Notary Public in arj or State of Iowa SIGNATURE PAGE OF DUPACO VOICES, LLC IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) 4- On this /s day of J LI i y , 2019, before me, a Notary Public in and for the State of Iowa, 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. DEBRA DIGMANN COMMISSION NUMBER 167808 MY COMMISSION EXPIRES /-a11-.20v9 44 4pty /EXHIBIT A Plat of Survey (Retracement) of: Lot 1 of Wilmac Place, in the City of Dubuque, Iowa INDEX LEGENO Ltr..WAI la104W 010 PIKo 901!1 c15081o.24, 08844, RAE 04 IN Sri P1L, Do a8y, hn, R@165 1NY. 20'1TCMCam PmOd,100 W440 8 Pn8u1/ Octrony 601 7.ckscil SL, Ou0AAu, 805lapI 3.108c: }Ory L Kota Comm,: E067Ip 478104004. NC. 171216GSISl,LkWTN, Lk77081 RSIvn 10: 9k07..M42tW54y.coo (505)11'}4}59 TH12 9108484 13 C0uPHIs40M�EOT 1 Cr 1581880 PUCE, N 111E CITY Of OU9u(4.E, 10W8 nus 19 AN ASSt74E0 BEMINC i0R 111E P401800E3 cr THIS SURVEY CHEM. i S5; ti- i,4 D6 c'151.°'iDd 111111ii I«if 111i1I1 t19cIE a111!111 Doc ID: 010252300003 Type: GEN Hind: RETRACEMENT SURVEY R000rdodl 03/04/2010 at 01:14:07 P11 Fol 81011: 917,00 Page 1 of 3 Du uvu9 County Iowa Jon Murphy Recorder 98.192019-00002235 70EP8410 8440 010940 A 1810 110017176919 00(.57 9THEET, 8108000.0000, Ma1Q SN �T; sly qd1 -.\ \ 1 �4 \ 1 \�.y 1 ;' \\ 0421010 2C EL6AVc0074000 MCA ICA 8 '4 Y� `•�S 8240 -11571 dYLTITICA CITY COT 349 1p 00q�5� `.Dqh 1X00712 7 01X0001 5 LEGEND raw 10001404. MAO NT 0 MA 1.1) 7/0' IAQI RCAO4 1Y/p1ANCE P0ASA0 CAP 1031000 8407,080 151011'' ® IU482 al l KA= UPI 1000NM 848405911 O MAO 837 0(1 KC TO 141,040 W 6'75.ON0 — ' F 11481184 Urt \EYED PAPP. Tat Z2X Cr WAY UNE Ik4 . 8474904 144E CCU CosTTI0 OW7+10 148 (COM SOAK 41ST ( • ) RECOAOE8 D57TA SM osrio ,151' 5' EASEMENT AREA FOR BENCHES, BIKE RACKS ETC. L1 0' 25' 00' 100' SCALE: 1' r 50' NQTES 1. Au. 1CASI..App1R ATTE A7 TEE! AND 00414005 R1PE84 7. 10713 ARCA CC PCRfCTIA 4.61K1Eo 04 0.921 ACRES (40,444 Sf). 1 Ria PLAT .3 0700141 10 N.T. EASELO110 Cr MCORP ANO *Or Cr 000040• wLAGY4 WOW? 14011 Rus Eu,a 3.%1484x0 500JYE1T WAS 40740 ) 04) 7E 101014) 0101101' IAEA' 1101 07421601100 084184 0T W0/ YY 0u1CT PER AL 1111•011\5424 AM) 1148871 ALL A EU.Y 700084 L 1.0.5 { y PC NMA {OAR) • 1A UPRISE WIPER 15407 484 01045E RDiral. (Art IS O 2088(8 sl. 201) 546477 COOED 0T :IAS WI- 1 701311 1. 7 k 3 i E 009G MMUS all MMUS 111440001 ST, 1..6.0,A, (567) 0;9-4101 OIUMM 911 2401 04010 1104 1(Ij 914517 OATG 9/77/8I RP( 0400 2170/19 013 110. 16250.01 0P SLATE: 1' • 93' SHEET 1 OF' 3 c19 11`• L 484 x L^g o rI hdecessor In to what is mewest tloth street, filed Januothe owners of ry 7, ot 1holt f- 1988 teIn s strumNo. ts176-88 in ou ty Recorder. This easement encumbers tha southern 5' of the real estate under -'-,,,.,,....r......,,... „s .,,.,, dee . DETAILS & EXISTING EASEMENTS FOR: Plot of Survey (Retracement) of: Lot 1 of Wllmac Place, in the City of Dubuque, Iowa EXISTING EttS£M£NTS: A. An access easement to the City of Dubuque. Iowa upon the vocation of a portion of Washington street and grant of such property to a predecessor -in -interest, Iliad September 11, 1967 In Bk.19311-162 In the records of the, Dubuque County Recorder. While a large portion of this street hos since been dedicated bock to the City, o narrow strip of property to the wast of Washington street Is pori of iho real estate under examination, and therefore this easement encumbers such portion. 8, An access easement to the City of Dubuque, lowo upon the vacation of a ortlon of IOth street and grunt of such property to a predecessor -in, -interest, Bled September 18, 1968 In Bk.198TL-678 in the records of the Dubuque County Recorder, While a large portion of this street has since been dedicated bock to the City, a narrow strip of property to the north of 10th street in port of the real astute under examination, and therefore this easement encumbers such portion, C. An oceess easement reserved by the City of Dubuque, Iowa upon the vacation of o portion of the alloy formerly running through the real estate under exominotion, previously identified as City Lot 389A, and grant of such property to a predecessor -in -interest, tiled December 23, 1968 In Bk.197TL-581 In the records of the Dubuque Coun ty Recorder. 0. An access easement In favor of the race astute under exuminolfan reserved by o predecessor -in -interest for the use o1 o railroad truck, railroad loading docks, and two truck docks to the east of the reel estate under examination. feed April 15, 1977 os Instrument No. .3548-77 In the retards of the Dubuque County Recorder, This easement requires the title holder of the real eetote under examination to contribute to the molntenance and repair of the ralroad tracks, Instrument No, 10 light the truck loading and ll 2011-1751 on Januarry26, 2011 soma of the obligaiionss regarding of o quIt-clalin deed fled es esthis easement may be extinguished 600 to the doctrine of merger, however such deed would not affect rights and obligations regording the roilread tracks, which Ile outeide of the tool estate to be transferred by the quit claim deed. An affidavit and attoched memorandum of ogreament was filed an April 15, 2003 as Instrument No. 9030-03 in the records of the Dubuque County Recorder modifying this easement. E. An easement reserved by a predecessor -in -Interest to enter upon the premises for the purpose of closing openings in a well along the westerly side of whot is now Woshington Street, fled June 3, 1977 as Instrument No. 5454-77 In the records of the Dubuque County Recorder, It Is unclear from the abstract whether such closure hes been completed, and you ehauld Inquire Into this matter with the seller prior to closing. F. An easement grunted to the title holders of City tat 389 and the northerly portion at City Lot 390, filed September 22, 1977 as Instrument No. 9985-77 In the records of the Dubuque County Recorder. This easement Is described os follows: vsidewalk a the northwesterly cornerofthe Southerly 20.34 feet ofCity Lotg390,oand lalso la non-excluk located sive drivewaand y easement over a portion of City Lot .389A (a vacated alley) to provide access to the present door located on the easterly side of the building located on the lots being hereby conveyed; PROVIDED that the [granteel and its successors and assigns do not use said easements In such a manner os to unreasonably interfere with other parties' rights to use said easements." 0. An easement granted to the title holders of what Is now Lot 1 of Mabusth Place, pled December 22, 1977 as Instrument No. 13687-77 In the records of the Dubuque County Recorder, ihls easement is described as follows: "A iron -exclusive driveway easement over a portion of City Lot 389A (a 'mooted alley) to provide emcees to the present door located on tha westerly side of the beading located on the lots being hereby conveyed; PROVIDED that the (grontee] and Its successors and assigns do not use said easements In such o manner as to unreasonably interfere with other parties' rights to use sold easements" The document conveying this easement also conveys an easement for the non-neckrslve use of the two truck dodos described in the easement referenced In Paragraph 3(3). H. An easement reserved by a predecessor -in -interest In favor of a third potty (Double S & J. Ino.) For pedestrian and vehicle travel on, aver, and across the property that is now 10th Street and a narrow portion of Lot 1 0l Wdmae Place (e strip of property bordering 10th Street 5 feet in width), filed December 9, 1977 as Instrument No. HIGHLteen-, In lbs r Ise Dubuque County Recorder, It Is passible that this reservation was Intended to refer IGHT trer a portion of whet is now 10th street to the sort of the real estate under In tenteda BUILDING easement recorded. eearded. ENCROACHMENT AREAS 0.1' aWLoluO DIO3OAax4ENT DETAIL /1 \ NO SCALE ° `-O DETAIL /2 \x NO SCALE 4 aYSFSIRNG 04101400 vol 31nrrIrtRJ 1111 10rua 11 2e5e«, O 00,1 s173-0.331 etkey tw . t OROcm 0e 0x SLIMY 001ti smile PLOT OASL• 7/21/11, OVA PO. 10530.01 RP SCAM HA SHEET 2 OF 3 DETAILS & EXISTING EASEMENTS FOR: Plat of Survey (Retracement) of: Lot 1 of Witmac Place, in the City of Dubuque, Iowa 0.0' MAURO ME ENCROACHMENT 1.1' HUMOINO ENCROACHMENT oaSnHO OYDME/A WALKWAY DETAIL /9 S' r 10' 61' RAUNO ENCROACHMENT ON DIMMER ENCROAEIMENT SEE DETAIL f4 FOR HUN.D1NG ENCROACHMENT DETAIL /7 NO SCALE �n HIGHLIGHT DOCK ENCROACHMENT AREA DETAIL /8 No SCALE TITLE OPINION EASEMENT& F 4.4. AAUP ENCRonctiseir 5 a grakti G IRi>l1RUJ Aa AVA1),At9 avail 911 ,ioi 0.'_CU0 On ILK L11tf1' DATE 9/7-01 AOT OAR1 2/70/19 010. M0. 11210-91 d► SCAM N/A -SHEET 3 OF 3 RESOLUTION NO. 280-19 APPROVING THE MUTUAL EASEMENT AGREEMENT FOR THE MILLWORK DISTRICT AND THE GRANT OF EASEMENTS BETWEEN THE CITY OF DUBUQUE, IOWA (CITY) AND DUPACO VOICES, LLC (DUPACO) WHEREAS, 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, 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 WHEREAS, Dupaco desires to grant City an easement for the City Encroachments; and WHEREAS, Dupaco and City have tentatively agreed to the Mutual Easement Agreement and the Grants of Easements attached hereto granting to Dupaco an easement for the Dupaco Encroachments and granting to City an easement for the City Encroachments; and WHEREAS, pursuant to published notice, a public hearing was'held on the proposed disposition on July 15, 2019 at 6:00 p.m. in the Historic Federal building, 350 W. 6th street, Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1, The City Council approves the Mutual Easement Agreement and the Grant of Easements attached hereto granting to Dupaco an easement for the Dupaco Encroachments and granting to City an easement for the City Encroachments. Section 2. The City Council accepts the grant to City for the City Encroachments. Section 3. The Mayor is authorized and directed to sign the Mutual Easement Agreement and the Grant of Easements on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of August 2019. ATTEST: Kevin . FirnstalFi , ity Clerk Roy D. Buol, Mayor F:IUsersltstocklelLindahl\Dupaco Voices BRIDGEIFtesolutionApprovingGrantOfEasementsMutualEasementAgreement 071819.docx 2 EXHIBIT A Plat of Survey (Retracernent) of: Lot 1 of Wilmac Place, in the City of Dubuque, Iowa JNQEX LEGEND Wutlorc to of Winne P1:cv 3E114 olSe0a224,T69N,f2 (fITP5FP_t., 0VtnquI Canes,19A* Reno"Ron John Monet RoMaor, Wines RownyCompnry 601 Aglow St, 000933/,10 WW1 000[02x. Tory L Ka* a2 Co0410)1 Oaelin2 8 Ao,9ooIo,, Ya 1212 0601.SE, D.Auwa, N 07241 Reim AorkerE'We7h9.CarR X233)0504579 MOTE THIS SURVEY IS CCNP7U9E0 On LOT 1 or M.}IAC PLACE, IN 1271 CITY OF OLOUOUE, 102YA J ' 1)41S IS AN ASSUMED 210011,4 FOR nie PURPOSES OF THIS SURVGY ONLY. ' TJ's,s Rd ly0' .0w J ▪ '6 n.0,51 01 ptt LOT .389 0" itIIIINflildiN110111N1 OMNI IIIN Doc 10: 010262360003 Type: OEN Kind: RETRACEMENT SURVEY Recorded: 03/06/2019 at 02:14:07 P11 Fee Amt: *17.00 Page 1 of 3 Dubuque County Iowa Jon Murphy Reoorder 11182019-00002235 vR7pARW RR 0032270 k ASSVOAES #000 5 7212 10"01 $1REEf, 10004x. 101221 PHOAEr 1$] 114-4361 bes70)2 euL5230 DISTN0 0522.3710 YIIRWA1 NORTH 30.63' CF CITY LOT 330 HIGHLIGHT DOCK ENCROACHMENT AREA (20) \ HIGHLIGHT BUILDING ENCROACHMENT. AREA 0.929 A 40,456 Eb5T102 2EADRO SSE DET Y ENIER 7 S 21111' DAM 1 ,t20.1112:,\ S. LEGEND • FOOD 110(420. e 2o1I23WIX Q CURD 3/0' RUN R2AW 4/p1M2 PU5T.0 CAP 4ARKE0 '10Elk1R 12407* ▪ PEACEO WT 3 P:ACAD 4711 IMO RIR Pt PAWNS • • CO01D RDE 337 WE 10 320010012 501700 - ^ ---� PROPEAIY UNE �-+. SLRS[YE0 PROP. 061E � —ft. �. WONT OF MAY .INE —2110 —LLe— 01400503 LNC 4317 AININNIMINOMMOMIN 3010200 8UA32hn URE (Mai) SE 5071AIC 2FiT ( ) RECORDED Out. S09 5' EASEMENT AREA FOR BENCHES, BIKE RACKS ETC. 0' 25' 50' 100' SCALE; 1' a 50' NOTES 7, AU. 262251R➢0TS ARE RI FEET 200 Of COALS 1100E0F. 2. NTN. AREA OF PEiW[11]0 502250100 15 0.929 AIT292 (14140 SF). 4 999 RAT IS 010JCCT 73 ALL EAS?I030 W R£CC410 ARO tan W REEORD. 1_ LktD 1 FOAMY 1.19243 2081 (323 IAJPJ StRY3YLY0 050J21N2 HAS PR: WARM ANO 10i AEIA(ED 0'043 IOU 1419 PERFORNE 101' KE OR 03012 VY 2/200. , , `e N- SUPEAN510Y 200 MAT 1 AV A MAY .ARO SV' ER 1R[ LAM ,QF JOE -r (/ toxA 3220TV0023 L 1 R (0010) UC(RSE MIwBFR 15187 UY 7:011125 2010/200 DAIS I5 1E03112207 31, 2011 SHEETS C0Y[A1A 8Y Mi9 510E : SHEETS 2, 2 32 2 75kW1 15 /5113011181 0.11 I114119AT Hl] MaarST EtiUYFI, 11 (w) 618-1527 DRAM BY; AIM 081]077 aN HH SUR,Y DATE 9/27/19 [201 GAIT, 2120/19 0'9o• R0, 102`.0--0110' 5CJLLE: 1''. 50' SHEET 1 OF 3 3 DETAILS & EXISTING EASEMENTS FOR: Plat of Survey (Retracement) of: Lot 1 of Wilmac Place, in the City of Dubuque, Iowa EXISTING EASEMENTS: A. An access easement to the City of Dubuque, Iowa upon the vacation of o portion of Washington street and grunt of such property to a predecessor—fn—Interest, feed September IT, 1967 in Bk.193TL-162 in the records of the Dubuque County Recorder. While a large portion of this street hes since been dedicated back to the City, a narrow strip of property to the west of Washington street le part of the real estate under examination, and therefore this easement encumbers such portion. B. An access easement to the City of Dubuque, Iowa upon the vacation of a portion of 10th etreet and grant of such property to predecessor—In—Interest, filed September 18, 1968 in 13k.196TL-678 to the records of the Dubuque County Recorder. While a large portion of this street hos since been dedicated back to the City, a narrow strip of property to the north of 10th street is part of the rear estate under examination, and therefore this easement encumbers such portion. C. An access easement reserved by the City of Dubuque, lowo upon the vacation of a portion of the alley formerly running through the real estate under examination, previously Identified as City Lot 3B9A, and grant of such property to a predecessor—In—interest, filed December 23, 1968 In Bk,197TL-58t in the records of the Dubuque County Recorder. D. An access easement In favor of the real estate under examination reserved by o predecessor—in—interest for the use of o railroad track. roifrood leading docks, and two truck docks to the east of the real estate under examination, flied April 15, 1977 as Instrument No. .3548-77 in the records of the Dubuque County Recorder. This easement requires the title holder of the real estate under examination to contribute to the maintenance and repair of the railroad tracks, to light the truck loading docks, and other obligations. By the filing of a quit—dorm deed filed as Instrument No. 2011-1751 an January 26, 2011 some of the obligations regarding this easement may be extinguished due to the doctrine of merger; however such deed would not affect rights and obligations regarding the railroad tracks, which lie outside of the real estate to be transferred by the qult claim deed. An affidavit and attached memorandum of agreement was filed on April 15, 2003 os Instrument No. 9030-03 In the records of the Dubuque County Recorder modifying this easement. E. An easement reserved by a predecessor—In—interest to enter upon the premises for the purpose of closing openings in a waif along the westerly side of what is now Washington Street. filed June 3, 1977 as instrument No. 5454-77 in the records of the Dubuque County Recorder, It is unclear from the obstruct whether such closure has been completed, and you should Inquire into thls matter with the seller prior to closing. F. An easement gronted to (ha title holders of City Lot 389 and the northerly portion of City Lot 390, fled September 22, 1977 as instrument No. 9985-77 in the records of the Dubuque County Recorder. This easement Is described as follows: • "A non—exclusive sidesdk easement to use the existing private sides/01k located over and along the northwesterfy comer of the Southerly 20.34 feet of City Lot 390; and also a non—exduslve driveway easement over a portion of City Lot 389A (a vacated oHley) to provide' access to the present door located on the eastarfy side of the building located on the Iota being hereby conveyed; PROVIDED that the [grantee] and its successors and assigns do not use said easements In such a manner as to unreasonably interfere with other parties' rights to use saki easements." G An easement granted to the trite holders of what Is now Lot 1 of Mobusth Place, flied December 22, 1977 as Instrument No. 13687-77 In the records of the Dubuque County Recorder. This easement is described es follows: 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 westerly side of the building located on the tots being horeby conveyed; PROVIDED that the [grantee-) and Its successors and assigns do not use said easements in such o manner as to unreasonably Interfere with other parties rights to use said easements." The document conveying this easement also conveys an easement for the non—exclusive use of the two truck docks described in the easement referenced in Paragroph 3(0). M. An easement reserved by o predecessor—in—interest In favor of a third party (Double S & J, Inc.) For pedestrian and vehicle travel an, over, and ocross the property that is now IUth Street and a narrow portion of Lot 1 of Wlmac Place (a strip of property bordering 10th Street 5 feet in width). Bled December 9, 1977 os Instrument No. 13000-77 v 1,ro r� „E F,e Dubuque County Recorder. It Is possible that this reservation was intended to refer Iyer a portion of what is now 10th street to the east of the real estate under intention does eosement es recorded. HIGHLIGHT BUILDING ENCROACHMENT AREAS a predecessor In Interest and the owners of what Is now the smith half of 10th rl his to what is now ,Olh street, filed January 7. 1988 as Instrument No. 178-88 in• ou ty Recorder, This oasoment encumbers the southern 5' of the real estate under ee . 4 413 §'a G rltwRRRS 1.0 S EM= 11[1 L0041 Le, O*%088. N (K3 3.18-1371 DRAM 04 Jap Mao] sit Rx 5a1'8r 3AT0, 0/57/1e PLOT 0950, 2/20/19 Dee 1*. 10250-01 BP SCAM 0/9 SHEET 2 OF 3 DETAILS & EXISTING EASEMENTS FOR: Plat of Survey (Retracement) of: Lot 1 of Wilma Place, In the City of Dubuque, Iowa RNUNG BASE ENCROA&* U NT =TING ~War DETAIL p9 1" 5.3' RARM% INCROLSCHMETIT 0,D 00LwSIER ENCROPODENT IUADUNT ENCROAORITXT SEE DETAIL /4 FDR BUILDING ENCROACHMENT HIGHLIGHT DOCK ENCROACHMENT AREA SEE BETA FOR B LO MIS IS AN ASSUNW BEARING FOR THE PURPOSES or THIS $VIViEY ONLY. 006 20' RAMP &7 RAN? TITLE OPINION EASEMENTS: F 4.4' RAMP rtioRoAaWENT 5 a > .tI1G A/0duruAf P avmrraw 1217 tOeullf 4."04.005001K. PIN+M 671 41 CRTAUD 9URWY 6ATE1 07/18 PLOT DAM $/NN/49 o7N. Na 1a2NO-01 RP sow F/ SHEET 3 OF 3 I STATE OF IOWA CERTIFICATE o_ f the CITY CLERK } ) SS: COUNTY OF DUBUQUE } I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council, I do further state that the hereto attached Resolution No. 280-19 is a true and correct copy of the original. In Testimony Whereof, 1 hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 6th day of August, 2019. Ke in S. Firnstahl, MC, City Clerk