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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 � 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: 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� ��C...��8 �� �- �,� � � � �a MC�ste iece an the MiSsisSi i zoo7•zaiz=zols �"P pp zo�.7*zoi� TO: Michael C. Van Milligen, City Manage C 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 $2,232.44. The property owner will also be responsible for all publishing, filing and recording fees. The City will reserve the perpetual right for the purpose of erecting, installing, constructing, reconstructing, maintaining, owning, operating and repair of storm and sanitary sewers, watermain, pavement, street lights, gas, telephone, television, fiber optics cable, and electrical lines above or below said Private Improvements as long as such utilities would not interfere with the existence of the Private Improvements. RECOMMENDATION I would recommend that the easement for Private Parking Lot Improvements across the West 9th Street Right of Way lying within City Lot 688, in the City of Dubuque, per the terms of the attached Grant of Easement document and as indicated on the attached Exhibit A, be granted. ACTION REQUESTED I respectfully request approval of the disposal of the real property by Grant of Easement through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, Land Surveyor/Professional Engineer 2 /, �� wz � w.o�♦ �� AREAMAP /� ��-�� ��� �'"T� IIW � �=o�'" � „�� � \ ,, � �3 �' � � � �w� / � o �'� � ��a � �� � � � � � ��a�"�rvs� � �� / /`� �� � �\ /,� ��s � � ���o \ `� _ , �� .e. // � . � � '� � '�b\. � z /� �� � O �, � Q d / � / � o ' � \` \ �- a �F� �- w / /�` 'O � - F �- � � � L�� ,/ y w /� �� OO , ,�� � ° �o i , I . ' w � t ° ,.,\-.`` O � w � i a . � a ��o � m / ' �.� ° .. � = o• a"_ \ ' ` 0 O � O �� • �W/ ,cp,Eym a �m � � O � w ��q° � . Wa,�s O o$ _ � � ��� � � �^ .�., ^ a \ �\ �i\ � �.YO.. i .n: / �4 � @ � � � � � ,d=�' ` ,..;�Q�..o,. , ,�soo �;�,_ =� \�„��wn.� � 4�� �� � � �� ' e� ��e a � � ���,�� �. ,dw�� �« � � <e �— �� �,� oaa.�n' ,„ �n � � � � �' ' - � � � � PROPOSED PARKING LOT w""_""""�" _ - ww IMPROVEMENTS E���.�4,0` Pv� " �o- EASEMENT (622 SQ. FT.) '� ����C1.20 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 IOU 11 11 11 11 11 11 11 11 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 Duo -P8-PWN( (L"8(8 n�1 :(1-im-1*-1 ZZOZ AOOONO-OOOOr G7m(DnImmm �-1 -J-c-l- --1 1cn--1..p,cr,z—Hz— —iz -0D = _ =m= _� 1 P1- P1(0Dm O co st r- 1 Z--7-JmQ)-J0o-1-11_-.-1I o• z wOO 0" 0 4 0-• 0m *C4,23�c7C 1 a) -lm m m m m - D -I - -1 �mN 0X 0 0 0 .�07<�=TI=m== D m 1 to -1M m m m m,�rrmm(n-4mO Dip f'10 m m m Mcri E(n_i0r\) 0 CD mu)73 om, 0 t- (ia 0 ODD0 or 0-00 0 ' -IZ z z Z0) p1D mmmm mmm 0c C c c cm (mil0 mm�m m --I -'1 m ,-, - I -I -I �!- -1 z Z<� W j 0) N m m ((000 0D0 0N (J1 (J7 ()I D- v) _I xi z cA (O fv (J1 D zOm zN cn to (n (n -�10 oz _z_ u) m m m 7� -1U)o c)( -)C) C7 C) C7 mu) • O O 0 0 Oc Omf*1 xi 0 0 0 0 0 �_ M � (n U) N cn cn = m 02> m m m m m-< x=1z (1) 000 z cn • D° z O _zrrl //////�� I0 IRIIII����\\\\\\ PAGES OR SHEETS COVERED BY THIS SEAL AiNO 133HS SIH1 l�9Zl 'ON 3SN3011 MY LICENSE RENEWAL DATE IS 12/31/2020 T WOD o cz= ;o Amour -o • o ;m{ ,p m A O Cjmm ZOr�I 0zD� PDmm Aro.< _cc_ m< DAP 0Z0r Dz 1ODO 2-0 >>m< P O z O -AGS 0 �DpO DOW C CK z rm� P1og P D Z WC- OM n- C P:\18\147\DRAWINGS\SURVEY\18147 EASEMENT PLAT O A ,Mm 1 73> O -< A 0 000 2 -1 P1 D m m 0 z 0®® b• co o `J— `lS. 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N (I) (S! 1) O Z -rt -1 ✓ 4- cp v 0 0 N P1x P 1 -q .Z7 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