Grant of Easement for Private Parking Lot Improvements (9th Street ROW), Woodward Communications, Inc. Copyrighted
October 7, 2019
City of Dubuque Public Hearings # 1.
ITEM TITLE: Grantof Easementfor Private Parking Lot Improvements
Across West 9th Street Right-of-Way
SUMMARY: Proof of publication on notice of public hearing to consider
approval of a Grant of Easement for private parking lot
improvements across City-owned property in the West 9th
Street right-of-way and the City Manager recommending
approval.
RESOLUTION Disposing of an interest in City of
Dubuque real estate by Grant of Easementfor private
parking lot improvements across part of the West 9th Street
Right-of-Way lying within City Lot 688 in the City of
Dubuque, lowato Woodward Communications, Inc.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Grantof Easementfor Private Parking Lot
Improvements to Woodward Communications-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
ExhibitA Supporting Documentation
Area Map Supporting Documentation
Proof of Publication Supporting Documentation
Dubuque
THE CITY OF �
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DuB E � �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant of Easement for Private Parking Lot Improvements Across City
Owned Property— The West 9t" Street Right of Way Lying Within City Lot
688, in the City of Dubuque
DATE: September 30, 2019
Woodward Communications, Inc., the owner of the property at 801 Bluff Street, is
proposing to construct a parking lot expansion on the west side of the building between
8th and 9th Street. The parking lot expansion will serve the existing Telegraph Herald
business and future building tenants. The parking lot expansion was sized and
designed to meet the projected parking stall needs, ADA guidelines and slope
requirements, which cannot be accommodated by the existing private property
boundaries. Therefore, Woodward Communications is requesting a permanent private
parking lot improvements easement over a small portion (622 square feet) of the
existing 9th Street right-of-way.
Woodward Communications will be responsible for the cost of the permanent easement,
which is valued at $2,232.44 and will be responsible for all publishing, filing and
recording fees.
The City will reserve the perpetual right for the purpose of erecting, installing,
constructing, reconstructing, maintaining, owning, operating and repair of storm and
sanitary sewers, watermain, pavement, street lights, gas, telephone, television, fiber
optics cable, and electrical lines above or below said Private Improvements as long as
such utilities would not interfere with the existence of the Private Improvements.
City Engineer Gus Psihoyos recommends City Council approval of the disposal of the
real property by Grant of Easement to Woodward Communications, Inc. for the
purchase price of $2,232.44, subject to the conditions of the Grant of Easement for
Private Parking Lot Improvements.
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
Gus Psihoyos, City Engineer
2
Dubuque
THE CITY OF �
AIHA�C��it�
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MC�ste iece an the MiSsisSi i zoo7•zaiz=zols
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TO: Michael C. Van Milligen, City Manage
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FROM: Gus Psihoyos, City Engineer � -- :_ �
DATE: September 25, 2019
RE: Grant of Easement for Private I'arking Lot Improvements Across City
Owned Property - The West 9th Street Right of Way lying within City Lot
688, in the City of Dubuque
INTRODUCTION
This is in response to a request from Woodward Communications, Inc. for the granting
of an easement across a portion of the West 9th Street Right of Way lying within City Lot
688, in the City of Dubuque, to construct and operate a private parking lot.
DISCUSSION
Woodward Cammunications, Inc, is the owner of the property at �01 Bluff Street which
includes the Telegraph Herald newspaper buildings and grounds. The owner is
proposing to construct a parking lot expansion on the west side of the building between
gtn and 9t" Street. The parking lot expansion will serve the existing Telegraph Herald
business and future building tenants. The parking lot expansion was sized and
designed to meet the projected parking stall needs, ADA guidelines and slope
requirements, which cannot be accommodated by the existing private property
boundaries. Therefiore, the owner is requesting a permanent private parking lot
improvements easement over a small portion (622 square feet) of the existing 9t" Street
right of way. This excess right of way is not needed for street, sidewalk, or other above
ground purposes.
The easement for Private Parking Lot Improvements across the West 9th Street Right of
Way lying within City Lot 688, in the City of Dubuque, will be per the terms of the
attached Grant of Easement document and as indicated on the attached Exhibit A. The
property owner will be responsible for the cost of the permanent easement, which is
valued at $2,232.44. The property owner will also be responsible for all publishing, filing
and recording fees.
The City will reserve the perpetual right for the purpose of erecting, installing,
constructing, reconstructing, maintaining, owning, operating and repair of storm and
sanitary sewers, watermain, pavement, street lights, gas, telephone, television, fiber
optics cable, and electrical lines above or below said Private Improvements as long as
such utilities would not interfere with the existence of the Private Improvements.
RECOMMENDATION
I would recommend that the easement for Private Parking Lot Improvements across the
West 9th Street Right of Way lying within City Lot 688, in the City of Dubuque, per the
terms of the attached Grant of Easement document and as indicated on the attached
Exhibit A, be granted.
ACTION REQUESTED
I respectfully request approval of the disposal of the real property by Grant of Easement
through the adoption of the enclosed resolution.
Prepared by: Nate Kieffer, Land Surveyor/Professional Engineer
2
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IMPROVEMENTS E���.�4,0` Pv� "
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EASEMENT (622 SQ. FT.) '�
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crry oFbueuQuE, �I , r�o.3�s-i9
IOWA ,-RESOLUTION OF IN- '
OFFICIAL NOTIICE , TENT TO DISPOSE OF
PUBLlC NOTICE is CITY IWTEREST BV ;
S'TATE OF IO WA {S S: � C ty Co n�cil°of the C ty ��NT oF- �,�E. ��
Of Dubuqup,lOwd, will � MENT FOR BRIVATE
DUBUQUE COUloTTY hold a public hearing I �pROVEMENTSOACROSS �
onthe'7th day of Octo- ppRT OP THE VIfE57 ' �
ber 2019 atB:00 p.m:in 9TH STREET" RIGHT ' �
the Historic Federal , OF WAK LYING:WITHr , u
Building, 350 West 6th � IN CITY LOT 688 IN ', �I
CERTIFICATION OF P�JBLICATION street, second, floor, THE CIT1Y OF ou- �
Dubuque, lowa, at BUQUE,IOWA. i
whic�h meeting the City� Whereas, W,00dward I ��
Council proposes to � Communicatiogs, Inc. ' ;I
dispose of an interest have'requested a Grant �
in the folloiving de-,i, of Easement for private ��� ��
scribed reaL property parking lot improve � I
I, Suzanne Pilce, a Billing Clerk for Woodward Grant of Easement 'to;� ments over a portion oi i; �
Woodward �Eommuni--,_ the ..Wesf 9th,> Street � �
Communications, �11C.� an Iowa corporation,pUbI1S110T catinns,Inc.: ' Right of� Way,,lying ; �`
of the Tele ra h Herald a news a er of eneral A p°��on of the west � within City Lot:688, �n '�
g p � p p g 9th Street`right-of-way,' the City of Dubuque; � '
lying within �Cit Lot i and�� �
circulation ublished in the Cit of Dubu ue Count y � ,
P Y � � Y sss; in.the city of ou- � � ,whereas, the city, of
of Dubuque and State of Iowa; hereby certify that the ' buq�e, oUbUq�� coun- � Dubuque is.the oWner ;i
ty,lowa. ' � of ,said right of way '
attached notice was published in said newspaper on the � At the:meeting; the area„ in the c�tv :o, '
City Council will re-� Dubuque and�'� '�
following dates: ceive oral and written . 'Whereas IIW,P:C.has
comments from any � `'prepared' an8 submit- � I
resident or property � ted to the City Council r
September 20, 2019, owner,of said City So an ezhibit showing the I �
the above action.Writ- underlying portion of ';
ten'comments regard- the Wes,t 9th', 5treet {
and for which the charge is $50.53 ing the above public'� Right of Way (ying ;, !
hearing may„be sub-. within City Lot;,688, in ,I,
mitCed to" the� City': the; G�ty�of�Dubuque, '.
Clerk`s Office,C•ity`Hali,- 'for�the propo$ed pr�.,:� i
50 W.13th StFeet,o�or� �vate,��parking;,�Iot im- � ���
before said time of provements�,easement I I;
public hearing: in the City of,Dubuque,,,
Copies of supporting; DubuqueCounty,.lowa. � '�
Subscribed to before me, Otc'�Y'y PUbI1C 111 a11C� fOT ' documentsforthe pub-' E `NOW;,T,HEREFORE,'BE'
,lic heari.ngs are on file I �'�T R,�SOLVED"`�EY'�THE i
Dubuque County, Iowa, in t{1e City,Clerks Of-' CITY COUNCIC OF THE I
� � fice;� and may" be� CITY ; OP, DUBUQUE I Ij
viewetl during nor7�ial I IOWA THAT '
t�11S working hours: SecYion 1 The City of'�,
i
_day of , 2� (q . Indiuiduals with limit-'� Dubuque;.intends to i�
ed`English proficiency,, grant;an easement for il
/�� vPsion, �hearing or�' pri�ate pa,rking_lot im- I
1 speech impairments I provernents bver a por- I a
requiring special assis-, tion of the W,est 9Ch ' '1
tancg should:contact! Str'ee�Right of�7Vay ly- I M
the City Clerk's Office i, ing withm City�Lot 588, I
Notary u ic in and for Dubuque OUTlty� IOW2. at (563) 589-4100, TDD ' m the Gity of Dubuque, '
(563) 690-667.8 cty-,,', DubuqueCounty,lowa,
cl rkC�a�tyofdubuque. I � Sea��bn 2:Any;and all '
�
� org as soon asfieasible. � r applicable publication
`�w,�b 8 �����,� ���� � Dated this 20th day'of ; and recortling fees are �i
��� September2019 J to be paid by Waod- ;
� Commi�sion Rlumber 199659 Kevin S.�Firnstahl, � �Ward Com'munications, ', �
_-- I�y G,c�n�m,��ya.DEC 11,2019 cmc,city clerk �, mc. � �
���'' �� , . . RESOLUTION Sect'ion 3.Tliat a pub- '
lic hearing on.the in- i �
tent fo dispose,;of Ci'ry �
interest by' grant of' �
.. � 'i
easement for a portion I '
of the West 9tii Street�
Right of Way lying I
within City Lot`688, in.l
the City of Dubuque,,
lowa, is hereby set for',
the 7th day of Octobe[,', �
2019, at the 'Historic, �
Feder•aI Building; 35Q '
W. 6th Street, Du-
buque;lowa,beginning ! �
at 6:00 p.m., and the '�
City Clerk be and is ;
hereby authorized and ;
directed to cause a no- I �
tine of public Y�earing �
on the intent to dispose
of said interesf to b2;i.
published ir�tlie man-;I
' ner as prescribed by ;j
law.
Passed,appro'ved and 1
adopYed this 'lfith day �
of September 2019. `',
Roy D.Buol;Mayor
, Attests Keuin S.
Eirnstahl,CMC, -
City Clerk
1t 9G20 •
B
e
�
�
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 364-19
RESOLUTION DISPOSING OF AN INTEREST IN CITY OF DUBUQUE REAL
ESTATE BY GRANT OF EASEMENT FOR PRIVATE PARKING LOT
IMPROVEMENTS ACROSS PART OF THE WEST 9TH STREET RIGHT OF
WAY LYING WITHIN CITY LOT 688 IN THE CITY OF DUBUQUE, IOWA, TO
WOODWARD COMMUNICATIONS, INC.
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 20th day of September, 2019, the
City Council of the City of Dubuque, Iowa met on the 7th day of October, 2019, at
6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for
the sale of real estate described as:
A part of the West 9th Street Right of Way lying within City Lot 688, all in
the City of Dubuque, Dubuque County, Iowa, as shown in Exhibit A of the
attached Grant of Easement for Private Parking Lot Improvements
;and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as A part
of the West 9th Street Right of Way lying within City Lot 688, all in the City of
Dubuque, Dubuque County, Iowa, to Woodward Communications, Inc. be and
the same is hereby approved for the sum of $2,232.44, subject to the conditions
of the Grant of Easement for Private Parking Lot Improvements. Conveyance of
interest shall be by Grant of Easement.
Section 3. The City reserves unto itself the perpetual right for the purpose
of erecting, installing, constructing, reconstructing, maintaining, owning,
operating and repair of storm and sanitary sewers, watermain, pavement, street
lights, gas, telephone, television, fiber optics cable, and electrical lines above or
below the Private Improvements as such utilities would not interfere with the
existence of the Private Improvements.
Section 4. That any and all applicable publication and recording fees are
to be paid by Woodward Communications, Inc.
Section 5. That the Mayor be authorized and directed to execute the Grant of
Easement for Private Parking Lot Improvements, and the City Clerk be and is
hereby authorized and directed to deliver said grant of easement to Woodward
Communications, Inc. upon receipt of the $2,232.44 payment.
Section 6. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 7th day of October 2019.
/Jake A. Rids— , -Mayor Pro Tem
Attest:
Kevin S. Firrfgtahl, CMC, City Clerk
11
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Doc ID: 010370290008 Type GEN
Kind: EASEMENT
Recorded: 10/16/2019 at 12:44:32 PM
Fee Amt: $42.00 Page 1 of 8
Dubuque County Iowa
John Murphy Recorder
File2019-00012526
Prepared by: Nate Kieffer, City of Dubuque, 50 West 13th Street, Dubuque, A 52001 (563) 589-4270
Returned to: Nate Kieffer, City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 (563) 589-4270
Tax Information: City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 C/O Jennifer Larson, 563-589-4133
GRANT OF EASEMENT FOR PRIVATE PARKING LOT IMPROVEMENTS
ACROSS PART OF THE WEST 9TH STREET RIGHT OF WAY
LYING WITHIN CITY LOT 688 IN THE CITY OF DUBUQUE, IOWA
For and in consideration of the sum of Two Thousand Two Hundred Thirty -Two and 44/100's
dollars ($2,232.44), the receipt whereof is hereby acknowledged,
The City of Dubuque, A Municipal Corporation of Dubuque County
(Grantor) 50 West 13th Street
Dubuque, IA 52001-4864
of Dubuque County, State of Iowa, does hereby grant, sell and convey to Woodward
Communications, Inc. (Grantee) its agents, contractors and assigns, in perpetuity from the date
hereof, a right of way and permanent easement through, under and across the following
described real estate situated in Dubuque, Iowa, to -wit:
A part of the West 9th Street Right of Way lying within City Lot 688, all in the City of
Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A.
Said easement shall be for the purpose of constructing and maintaining private parking lot
improvements, including curb and gutter and paving, hereinafter called, Private Improvements,
in accordance with plans reviewed by the City Engineer.
It is understood and agreed that the Grantee herein shall backfill and compact to City standards
the disturbed area to the grade of the surrounding property at the time of completion of the
Private Improvements.
Grantee shall assume any and all liability for damages to persons or property which may result
from the existence, location, installation, construction, design, maintenance, or repair of said
Private Improvements.
Grantee shall indemnify, hold harmless, and defend, at its own expense, on behalf of said City,
any claim against the City and pay on behalf of the City all sums which the City shall become
obligated to pay by reason of the liability imposed upon the City of Dubuque for damages or
injury of any kind, including third persons, resulting from location, installation, existence,
construction, or maintenance of said Private Improvements and to pay reasonable attorney fees
therefore.
This easement does not constitute any approval of the design, erection, location, construction,
repair or maintenance of said Private Improvements and grantee agrees not to assert such
claim or defense against the City of Dubuque in event of claim asserted for death, personal
injuries and/or property damage against Grantee arising out of or in any way connected with the
location, installation, construction, design, maintenance, or repair of Private Improvements.
The City reserves unto itself the perpetual right for the purpose of erecting, installing,
constructing, reconstructing, maintaining, owning, operating and repair of storm and sanitary
sewers, watermain, pavement, street lights, gas, telephone, television, fiber optics cable, and
electrical lines above or below said Private Improvements as such utilities would not interfere
with the existence of the Private Improvements.
To have and to hold unto Woodward Communications, Inc., forever, and the undersigned do
hereby expressly covenant that they are the owners in fee of said real estate and have good
right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times
have free access to and egress from and over said real estate to maintain, remodel or repair
said Private Improvements thereof or therein.
Attest:
Dated at Dubuque, Iowa, this 7th day of October, 2019.
Kevin . Firnstah CMC, `City Clerk
F DUB IOWA
Jake A. Rios, Mayor Pro Tem
STATE OF IOWA,
DUBUQUE COUNTY, ss:
On this day of , 2019, before me a Notary Public in and for
said County and said State, personally appeared Jake A. Rios and Kevin S. Firnstahl, CMC,
to me personally known, who, being by me duly sworn, did say that they are the Mayor Pro
Tem and City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was
signed on behalf of said City of Dubuque by authority of Resolution No. 364 -19 and that
the said Jake A. Rios and Kevin S. Firnstahl, CMC as such officers, acknowledged the
execution of said instrument to be the voluntary act and deed of said munici.l corporation, by
it and by them voluntarily executed.
PAMELA J. McCARRON
Commission Num s . L772419
My Comm. Exp.
Pamela M«rron, Notary Public
WOODWARD COMMUNICATIONS,
Thomas N. Woodward, Presiden
GRANTEE ACKNOWLEDGEMENT
STATE OF IOWA)
COUNTY OF DUBUQUE)
)L4'On this day of/CI
, , , 2019, before me, the und�e-r'signed, a Notary Public
in and for said State, personally appeared Thomas N. Woodward to me personally known,
OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) acted, executed the instrument.
(Notary Seal)
LSF AMY WAGNER
Commission Number 813362
My Commission Expires
October 22, 2021
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S) (Title)
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
PARTNER(S) LIMITED GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
Ur
c//C_f' (print/type name)
tary Pti6lic in and for State of Iowa
44_4 l.C4 (sign in ink)
SIGNER IS REPRESENTING
PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464
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Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 364-19
RESOLUTION DISPOSING OF AN INTEREST IN CITY OF DUBUQUE REAL
ESTATE BY GRANT OF EASEMENT FOR PRIVATE PARKING LOT
IMPROVEMENTS ACROSS PART OF THE WEST 9111 STREET RIGHT OF
WAY LYING WITHIN CITY LOT 688 IN THE CITY OF DUBUQUE, IOWA, TO
WOODWARD COMMUNICATIONS, INC.
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 20th day of September, 2019, the
City Council of the City of Dubuque, Iowa met on the 7th day of October, 2019, at
6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for
the sale of real estate described as:
A part of the West 9th Street Right of Way lying within City Lot 688, all in
the City of Dubuque, Dubuque County, Iowa, as shown in Exhibit A of the
attached Grant of Easement for Private Parking Lot Improvements
;and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as A part
of the West 9th Street Right of Way lying within City Lot 688, all in the City of
Dubuque, Dubuque County, Iowa, to Woodward Communications, Inc. be and
the same is hereby approved for the sum of $2,232.44, subject to the conditions
of the Grant of Easement for Private Parking Lot Improvements. Conveyance of
interest shall be by Grant of Easement.
Section 3. The City reserves unto itself the perpetual right for the purpose
of erecting, installing, constructing, reconstructing, maintaining, owning,
operating and repair of storm and sanitary sewers, watermain, pavement, street
lights, gas, telephone, television, fiber optics cable, and electrical lines above or
below the Private Improvements as such utilities would not interfere with the
existence of the Private Improvements.
Section 4. That any and all applicable publication and recording fees are
to be paid by Woodward Communications, Inc.
Section 5. That the Mayor be authorized and directed to execute the Grant of
Easement for Private Parking Lot Improvements, and the City Clerk be and is
hereby authorized and directed to deliver said grant of easement to Woodward
Communications, Inc. upon receipt of the $2,232.44 payment.
Section 6. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 7th day of October 2019.
Attest:
Kevin S. Firrrstahi, CMC, City Clerk
Jake A. Rios -f ayor Pro Tem
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 364-19 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 9th day of October, 2019.
Keiin S. Firnstahl, Cldl'C, City Clerk