Roshek Building Revocable License and Grant of Easements_Initiate Copyrighted
January 6, 2020
City of Dubuque Items to be set for Public Hearing # 1.
ITEM TITLE: Roshek Building Revocable License and Grant of
Easements
SUMMARY: CityAttorney recommending adoption of the attached
resolution setting a public hearing on the Roshek
Building Revocable License and Grant of Easements on
J anuary 21 , 2020.
RESOLUTION Setting a public hearing on the Revocable
License and Grant of Easements by the City of Dubuque,
lowa to Roshek Property, LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for January 21 , 2020
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easements Supporting Documentation
Revocable License Supporting Documentation
Notice of Hearing Supporting Documentation
THE CTTY OF Dubuque
�"
ui���eNe�ary
DUB E '�I}Ijl�
Masterpiece on the Mississippi �°' Z°'Z
2013 2017
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
To: Mayor Roy D. Buol and
Members of the City Council
Dare: December 18, 2019
Re: Roshek Property, LLC: Setting a Public Hearing on the Revocable License
and Grant of Easements
The Development Agreement by and among the City of Dubuque, Roshek Property, LLC,
Cottingham & Butler, Inc., and Heartland Financial USA, Inc. requires that the City deliver
to the Roshek Property, LLC appropriate documents authorizing certain encroachments
in the public right of way on and adjacent to the Roshek Building. The encroachments
include a number of planters, a large sign, awnings and assorted equipment in the alley,
as well as parts of the building itself.
The exhibits attached to the Revocable License and the Grant of Easements identify the
encroachments.
The City may revoke the Revocable License or require the encroachments allowed by the
Revocable License to be removed if necessary for work in the right of way. The
encroachments covered by the easement, including portions of the building, are
permanent.
Disposing of an interest in real estate requires a public hearing. I recommend adoption of
the attached resolution setting a public hearing on the Revocable License and Grant of
Easements on January 21, 2020.
BAL:tIs
Attachment
cc: Michael C. Van Milligen, City Manager
Crenna M. Brumwell, City Attorney
Jill Connors, Economic Development Director
E W SERSGs[eckleALindahlARc�shek Pmperty LLGC&B DA-Roshek Bldg(2019)AMayorCouncil_ResoW[ionAppmvingReoocableLimnse&GrantOfEasements_121819 doa
OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/Fnx (563)583-1040/Ennni� balesq@cityofdubuque.org
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque !A 52001 563 583-4113
RESOLUTION NO. 12-20
SETTING A PUBLIC HEARING ON THE REVOCABLE LICENSE AND GRANT OF
EASEMENTS BY THE CITY OF DUBUQUE, IOWA TO ROSHEK PROPERTY, LLC
WHEREAS, the Development Agreement by and among the City of Dubuque,
Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland Financial USA, Inc.
requires that the City deliver to the Roshek Property, LLC appropriate documents
authorizing certain encroachments in the public right of way on and adjacent to the
Roshek Building; and
WHEREAS, the Revocable License and the Grant of Easements attached hereto
identify the encroachments; and
WHEREAS, the City Council has determined that approving the Revocable
License and Grant of Easements is in the best interests of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent
to approve the Revocable License and Grant of Easements with Roshek Property, LLC,
to be held on the 21st day of January, 2020, at 6:00 o'clock p.m. in the City Council Chambers
at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of
121819ba1
taking action on the matter of approving the Revocable License and Grant of Easements
with Roshek Property, LLC.
Section 3. The City Clerk is hereby directed to cause at least one publication to
be made of a notice of said meeting, in a newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not Tess than four days nor more than twenty days before the date of
said meeting on the issuance of said obligations.
Section 4. The notice of the public hearing and the proposed action to approve
the Revocable License and Grant of Easements with Roshek Property, LLC shall be in
substantially the form attached hereto.
Passed, approved and adopted this 6th day of Januarys 2020.
Roy D. Buo Mayor
Attest:
°
Kevin" S. Firnstahl, City Clerk
F:\USERS\tsteckle\Lindahl\Roshek Property LLC-C&B DA - Roshek Bldg (2019)\ResolutionSettingHearing_RevocableLicense&GrantOfEasements_121819.docx
2
Prepared by and Return to:Mark J.Willging,890 Main St.,Suite 200,Dubuque,IA 52001,(563)556-4011
Taxpayer:Roshek Property,LLC,800 Main St.,Dubuque,IA 52001
GRANT OF EASEMENTS
THIS GRANT OF EASEMENTS ("Agreement")is made and entered into effective as of the
31 St day of December, 2019, by and between Roshek Property, LLC, an Iowa limited liability
company("Roshek")and the City of Dubuque,Iowa("City").Each of the foregoing may be referred
to herein,individually as a"party"and collectively, as the"parties".
RECITALS
A. Roshek is the owner of a tract of land known commonly as the Roshek Building and legally
described as:
A parcel of land marked "Public Square" on the United States
Commissioners' Plat of the Survey of the Town of Dubuque, Iowa, and
numbered as lots 141, 142 and 143a; AND, City Lots 143, 144 and 145; in
the City of Dubuque, Iowa, according to the Plat thereof in Book of Plats
#34,page 353,records of Dubuque County, Iowa, also described as: Part of
the United States Commissioners' Government Plat of the Original Town,
now City of Dubuque, in Dubuque County, Iowa, described as follows:
Beginning in the Southwesterly corner of Lot 141, originally designated as
the Southwesterly Corner of the"Public Square",being also the intersection
of the East line of Locust Street and the North line of West Seventh Street;
thence North 22 degrees, 30 minutes West along the East line of Locust
Street to the Northwesterly Corner of Lot 145,being also the intersection of
the East line of Locust Street and the Southerly line of Eighth Street; thence
Northeasterly along the Northerly line of Lot 145 to the Northeasterly
corner of Lot 145, being also the intersection of the South line of Eighth
Street and the West line of Thirty Foot alley East of Locust Street; thence
Southeasterly along the West line of said Thirty Foot alley to the
Southeasterly Corner of Lot 141, originally designated as the Southeasterly
Corner of the "Public Square", being also the intersection of the west line
of the Thirty Foot alley and the North line of West Seventh Street; thence
South 67 degrees 30 minutes West to the point of beginning, in the City of
Dubuque, Iowa, according to the Plat thereof recorded as Instrument No.
1
,
1798-77, records of Dubuque County, Iowa;
(hereinafter referred to as the "Roshek Parcel").
B. The Roshek Parcel is adjacent to City right of way area in numerous areas;
C. E�iibit A, attached hereto and by this reference incorporated herein, depicts numerous
encroachments upon the City right of way area(collectively the "Roshek Encroachments"); and
D. City desires to grant to Roshek a perpetual easement for the Roshek Encroachments.
THEREFORE, in consideration of the mutual terms and conditions herein and in a
Development Agreement between the parties related to the Roshek Parcel, the parties agree as
follows:
1. City hereby grants to Roshek, and its successors and assigns in ownership of the Roshek
Parcel, a perpetual easement for the Roshek Encroachments.
2. Roshek and its successors and assigns shall defend, hold harmless and indernnify the City
from and against any liabilities, claims,damages or causes of action in any way related to the Roshek
Encroachments,including reasonable attorney's fees and costs incurred due to such claims.
[Remainde�of page intentionally left blank;Signatures to follow]
2
SIGNATURE PAGE
OF
CITY OF DUBUQUE
CITY OF DUBUQUE, IOWA
By:
Name:
Title:
ATTEST:
By:
Kevin S. Firnstahl, City Clerk
STATE OF IOWA )
) SS.
COUNTY OF DUBUQUE )
On this day of , 2019,before me, a Notary Public in and for the
State of 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 voluntarily
executed.
Notary Public in and for State of Iowa
3
SIGNATURE PAGE
OF
ROSHEK PROPERTY,LLC
IN WITNESS WI�EREOF, this Agreement has been executed as of the day and year first
above written.
ROSHEK PROPERTY,LLC
By. �-
Name: Lynn H. Fuller
Title: President
STATE OF IOWA )
) SS.
COUNTY OF DUBUQUE )
,
On this -�day of December, �t, 2019, before me, a Notary Public in and for the
State of Iowa,personally appeared Lynn H.Fuller,to me personally known,who being by me duly
sworn did say that he is the President of Roshek Property, LLC, that said instrument was signed
on behalf of said company by authority of its members and the said Lynn B. Fuller acknowledged
the execution of said instrument to be his voluntary act and deed.
o�! s MICNAEL J. eo��E
Z e��o e � Cammission Number 5474 otar Pu lic in and for ate o owa
. `-� . My Commission Expires y
,Q W P ���_,��
4
EXHIBIT "A"
FOR ROSHFH BUILDING ON A PARCQ OF UND MARKm "PUBIJC SQUARE' ON THE UNITID STATES
��µ��E�� COMMISSIONERS' PUT OF SURVEY OF THE TONN OF DUBUOUE, IOWA, AND NUMBERED AS LOTS 141,
BULDING EDCE 7D �42 AND 143a; AND qiY LOTS 1�3, 144 AND 145; IN THE CITY OF DU9UQUE, IOWA ACCORDING TO
�TM�� iHE PLAT 7HEREQF IN B001C OF PUTS
\y / /34, PAGE 353, RECORDS OF DUBUOUE COUNlY, IOWA.
`/ WE-13.1'
a�� DETAIL �d� asrN+cEs u�Faou DETAIL
aoe' ase') NO-SCALE R� z W�-`��" euaoNo�ro
(aoo' ��.� �69 ��n��='"� �y�. �rsorenn uHe NO-SCALE
5.� S� 5� � / / �-� `a �,Yl
aoa
�►16 0.00�
�=�z.Y .�:; �,,�,R
/';�;S� � 0 5P`Nl�F-NRp�PE
� �,.f�� 2'ORAIN PIPE
CANOPY 'MNDOW Nfl1.
ENCROACHES 11.Od ELECTF2IC MEfER y�7}{ �q�
NE-�zB� �O N11}i BOLLN205 ENCROACHES 2.9'
� CITY LOT 145
DETAIL
�� NO-SCALE
OU1ER
BASEMENT WALL� \
5 WAiER NETERS �!
INt�R dc MEDIA SF72V10E5 r� \
BhSEMENT WALL GAS ME7ER5.PIPES N1TM BOLLARDS �
� w `�0.13�
'\ 2�GAS VENT PIPE O. r `a��
CITY LOT 144 � ,
\ sw aFcrnica� � //[[
TRANSFORMER Kih1 � ��Qµ?
� i, BIXLAR�S �
� pSTANGES AI8 FRpA
BUILDING EDCE TO
� PROPERTY LINE
� '' CITY LOT 143
\
,,� �
<n \'� Z� CITY LOT 143a
G o - LOADING OOCIt
N� �� y ENCROACHES 9.4'
Na � � METAL
� • .� i EXISTING ROSHIX RfJUNG
�� BUIL�ING yi
�� �` RMIATOR PLATFORM
/" �, � CAHOPY ENCROACHES 5.3' 1 ENCROACHES fi.5'
� \ �, CITY LOT 142 M�ra�sr�rs
�O •�� .�� ENCROACHES 2.4'
��'. �` 90LLAR0
O LO' 'tO' CJL' � 6'X 6' YENT ON WALL
�'�
9
'��, 1.5'VENT SUB BASE CENERAT�R TANKS
2'OIL TANK YENT
'a\', 4'fUEL FILL
SCALE IN FEET F; CITY LOT 141 `'
1" = 40' � o
,\ v� ,',
S ti15 5VE-125'
\� SW \\ ft��`GN i
LEGENQ '\ �oP�E" .-y�os�`� sw ens��w�u
l`M�S `iA� INNER
PROPERTY IJNE \ SW !0��- BASEMENT WALL
SURYEYED PROP.LINE �"� �
����ROW LINE NE=13.4' WE=3.3'�,N9�Pp�.`S 6k R�
--------EASEMENT 11NE �.`: �',MZN�Nr ,,p��t �
----'----'--BASEAIENT WAt1 SICN Cj\�'
BUIL�ING FOO7PRINT SW .� '��
BAp(QF CURB(BOC) � �S �U ES I�NN G
Row rncHT oF wnr
sw sroEwnuc \ BXGINdFRS qXD SURYdYOR3
WE WTER WALL ENCROACHIIENT � �
� / iziz wcusr sr.ouauau�,w
RAaATOR PIAIFORM 0.47, (583)556-4389
� �a DRANN BY: JCH CHECKm 8Y: iLK
cnncar o z�s•) NO ESCALE Sl1R�EY DATE: 11-04-2019
q�µ���� PLOT DATE: 11/18/19
BUnDa1C EncE 7o DWG. N0. 79278-01 SCALE: 1" = 40'
PRUPEfiTY tllE
SHEET 1 OF 1
Prepared by: Gus Psihoyos,City Engineer,City of Dubuque,50 W. 13�'Street,Dubuque,IA 52001 (563 589-4270)
Return to: Gus Psihoyos,City Engineer,City of Dubuque,50 W. 13�Street,Dubuque,IA 52001 (563 589-4270)
REVOCABLE LICENSE
AUTHORIZING ROSHEK PROPERTY,LLC
TO CONSTRUCT AND MAINTAIN CERTAIN IMPROVEMENTS
ON PUBLIC RIGHT-OF-WAY
Section 1. Roshek Property, LLC, an Iowa limited liability company, as the owner of the
premises (Licensee), known as The Roshek Building, 700 Locust Street, in Dubuque, Iowa and legally
described as:
A parcel of land marked "Public Square" on the United States
Commissioners' Plat of the Survey of the Town of Dubuque, Iowa, and
numbered as lots 141, 142 and 143a;AND,CityLots 143, 144 and 145;
in the City of Dubuque, Iowa, according to the Plat thereof in Book of
Plats #34,page 353, records of Dubuque County, Iowa, also described
as: Part of the United States Commissioners' Government Plat of the
Original Town, now City of Dubuque, in Dubuque County, Iowa,
described as follows:Beginning in the Southwesterly corner of Lot 141,
originally designated as the Southwesterly Corner of the "Public
Square",being also the intersection of the East line of Locust Street and
the North line of West Seventh Street; thence North 22 degrees, 30
minutes West along the East line of Locust Street to the Northwesterly
Corner of Lot 145, being also the intersection of the East line of Locust
Street and the Southerly line of Eighth Street; thence Northeasterly
along the Northerly line of Lot 145 to the Northeasterly corner of Lot
145, being also the intersection of the South line of Eighth Street and
the West line of Thirty Foot alley East of Locust Street; thence
Southeasterly along the West line of said Thirty Foot alley to the
Southeasterly Corner of Lot 141, originally designated as the
Southeasterly Corner of the"Public Square",being also the intersection
of the west line of the Thirty Foot alley and the North line of West
Seventh Street;thence South 67 degrees 30 minutes West to the point of
beginning, in the City of Dubuque, Iowa, according to the Plat thereof
recorded as Instrument No. 1798-77,records of Dubuque County,Iowa;
1
(hereinafter the"Roshek Building"),
be and is hereby granted effective December 31,2019 a Revocable License and authority to construct and
maintain the improvements, including:
Two Raised Planters;
Monument Sign;
Eight Standalone Planters;
Twelve Retractable Awnings;
Pump Test Connection;
Fire Alarm;
Auto Sprinkler Hookup;
4" Capped Pipe;
Grease Hood/E�aust Fan;
Airconditioning Condensers;
Electric Meter;
Key Box on Alley Wall;
1" Conduit for Ground to Generator;
1" E�aust Drain;
1" Generator Exhaust;
Downspout; and
Fire Deparhnent sprinkler.
(collectively the`Bncroachments") under the terms and conditions set forth in this License.
Section2. The permission herein granted is expressly conditioned on Licensee's agreement
to:
a. Assume any and all liability for damages to persons or property which may result from the
existence,location,installation, construction or maintenance of said Encroachments;
b. Procure and maintain in force during the term of this License a policy of liability insurance as
set forth in the attached Insurance Schedule;
c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become
obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of
any kind resulting from the location, installation, existence, construction or maintenance of
said Encroachments sustained by any person or persons, caused by accident or otherwise to
defend at its own expense and on behalf of said City any claim against the City of Dubuque
arising out of the location,
2
installafion, existence, construction or maintenance of Encroachments and to pay reasonable
attorney fees therefor; and
d. Indemnify, defend and hold the City of Dubuque free and hannless from any and all claims,
loss, liability and expense for death and/or injuries to third persons or damages to property of
third persons, or for damage to any property of the City of Dubuque which may occur as a
result of or in connecfion with the locafion, installation, existence, construction, maintenance
and repair of Encroachments.
e. Any special condifions as set forth for this License as idenfified:
Secfion 3. The Encroachments shall be maintained in accordance with all applicable state and
federal laws and regulafions, and the Ordinances of the City of Dubuque.
Section 4. The permission herein granted is expressly conditioned upon Licensee's further
agreement that should the right and privilege herein granted be rescinded or revoked by the City Manager,
Licensee, or its successors in interest, shall within ten (10) days after receipt of written nofice from the
City Manager, so to do, at its own expense,remove said Encroaclunents at Licensee's expense and dispose
of the same, and Licensee shall haue no claim against the City or its officers, agents, or employees for
damages resulfing from the removal of said Encroachments.
Section 5. Licensee covenants and agrees that the Revocable License herein granted does not
constitute an approval of the design, erecfion, locafion, construcfion, repair or maintenance of said
Encroachments and Licensee hereby covenants and agrees not to assert such claim or defense against the
City ofDubuque in the event of claim asserted for death,personal injuries and/or property damage against
Licensee arising out of or in any way connected with the locafion, installafion, construction, design,repair
and maintenance of the Encroachments.
Section 6. This Revocable License shall become effecfive and the rights hereunder accrue to
Licensee when this License has been approved by the City Council and the terms and condifions thereof
accepted by Licensee by acceptance endorsed on this License.
Section 7. The City Clerk is authorized and directed to file at Licensee's expense a copy of
this License in the Office of the Recorder in and for Dubuque County, Iowa.
Secfion 8. Iowa One-Call registration may be required by the Code of Iowa. When applicable
Licensee shall submit documentafion to the City Engineer of Iowa One-Call registrafion membership.
Signed this_day of , 2019.
Roy D. Buol, Mayor
3
Attest:
Kevin S. Firnstakil, City Clerk
State ofIowa )
) ss:
CountyofDubuque )
On this_day of ,2019,before me, the undersigned, 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, respectively, of the City of
Dubuque,Iowa, a municipal corporation,that the seal affixed to the foregoing instrument is the corporate
seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council on the day of , 2019, and Roy D. Buol and Kevin S.
Firnstahl acknowledged the execution of the instrument to be their voluntary act and deed.
Notary Public in and for said State
4
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned,being duly authorized to execute this Acceptance on behalf of Roshek Property,
LLC, and having read and being familiar with the terms and conditions of the Revocable License, for
itself,its successors or assigns, accepts the same and agrees to be bound by the tenns and conditions herein
contained.
ROSHEK PROPERTY, LLC, LICENSEE:
Signature
By: Lynn H. Fuller
Title: President
Dated: December � � , 2019
Si�nature requires notary
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this 1 g day of December, 2019, before me, the undersigned, a Notary Public in and for said
State, personally appeared Lynn H. Fuller, to me personally known, and acknowledged to me that he
executed the same in his authorized capacity,and that by his signature on the instrument the person acted,
�he instr�m -
� MICHAEL J.COYLE �
o�� `�� Camrnission Number 5474
: .1
� ��• Seal� Comm� �on Ex re (sign in ink)
.ia W ,� '�' �,` (��
(print/type name)
Notaly Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
XX CORPORATE OFFICER(S) President(Tit1e)liiniteclliability coinpany
(CORP SEAL)
AFFIXED
XX NO SEAL PROCURED
PARTNER(S) LIMITED GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies): _ —Roshek Property, LLC
5
EXHiBIT "A"
FOR ROSHEK BUILDING ON A PARCEL OF LAND MARrCED "pUBLIC SOUARE" ON THE UNIiED STATES
COMIdISSIONERS' PLAT OF SURVEY OF hIE TOWN OF DUBUQUE, IOWA, ANQ NUMBERED AS LOTS 141,
142 ANp 143a; AND CITY LOTS 143, 144 ANb 145; IN THE CITY OF DUBUQUE, IOWA ACCORDING TO
THE PLAT THEREOF IN BOOK OF PLATS #34, PAGE 353, RECORDS OF DUBUQUE COU�TY, IOWA.
l69 R��� �Nt������^� otiaNE�o�K�?
EE� a%5"�� � �SS K�E�N
8� S�R �,.�•'. � P�S4�S?R\N p`P6
�.CP�EO
5� �� ' 4
i GREASE HGCD
��'=�� p?�N��rr.r d�" �� 1�RE P���� E4CROICHESp4.1'
'� � �r�
-;i' S`.Y (�' �` AIR CONDITICNING
�' 'r't' ` _ COMDENSEP.S
i;'
'� ��''°�'��' �� �E�CROACHES 2.:5'
l' � _
�\ �O� '
` �- CiTY LOT 145
AIR COMDIiICNING
\� � R=CTRIC NETER - ..OYUENSERS
E�CROACHES 23'
'\,
,\ _ �`
i `��
,� � __ U�
O,
� CITY LOT 144
l�` s•x�� �O�
«� - J
;�� i
,� -/ �
- \
`,,,\� _ \ _
��� X_YBOX ON WALL
� _ '
r ,`';� _ ' �ITY LOT 143
r �'�., -
�\
`o \;, c�. �
C�G '�, '� _ CITY LOi 143a
� �\ -o_ 7" CONDUIT FOR�RCUND
� � TO uENERATOR
,\ '
� \\ 1"EXHAUS-DRAIN
/ EXISTING ROSHEK
{h � BUIL�ING 1�� GENERAiCR EXHAUST y
\
�� �\',f \ o�
�. �\ CI TY LOT 142 -
�
�O 1,
� �` � DOYln5P0UT�
o Zo' 40' So' ��,
�,
�N� `
�1
�2�.
SCALE IN FEET q`, FIRE CEPARTA{ENT
1" = 40� `(� CITY LOT 141 s=w"K�ER RO�1 1,,
,'\ !� ,r„ J�
�' �
�,\ ` „,.,
�;:
51Y \ . r.�.�,� vP�op.,. / �G �
LEGEND �\ ,���� ' / .�oos°rs��s sw
_�P,��
'� ,,� S,,q ��E�f� va
PROPERTY LINE /8�����.
St1R4EYED PROP, IINE \ A G R ��
��� �ROW LJNE � �-��,Y�5 j`: �
—^--'^---EqSEMENT LINE ;;�:i 1.�jN`NP -� l6
-------------ensew�nT wa�� sic� � c��R��
/a:v/ucn'm�h�Y/�L BUILCING FOOTPPoNT g�,y 5,t �
�a�aF��� �ea�, � �U EAS I�NN G
ROW RIGHT OF WAY
SW SIDEV7ALK
'hE OUTE3 WALI ENCRQACHMENT BNGINBSRS AND Sf7RV6Y0RS
� 1212 I.GCUST ST. DU6UCUE. IA
RA�IATOR PLATFORM {567) 556-4389
� DRA41N BY: JCH TPL CHECKED 6Y: TLK
CANOPY SURVEY DA7E: ^'-04-2019
PLOT pATE� 11j22/1g
DWG. NQ. 19278-OZ SC:tLE: 1" = 40�
SHEET 1 OF 1
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa, will
hold a public hearing on the 21 S� day of January 2020 at 6:00 p.m. in the Historic Federal
Building, 350 West 6th Street, second floor, Dubuque, lowa, at which meeting the City
Council proposes to dispose of an interest in the following described real property by
Revocable License and Grant of Easements to Roshek Property, LLC.
A parcel of land marked "Public Square" on the United States
Commissioners' Plat of the Survey of the Town of Dubuque, lowa, and
numbered as lots 141 , 142 and 143a; AND, City Lots 143, 144 and 145; in
the City of Dubuque, lowa, according to the Plat thereof in Book of Plats
#34, page 353, records of Dubuque County, lowa, also described as: Part
of the United States Commissioners' Government Plat of the Original Town,
now City of Dubuque, in Dubuque County, lowa, described as follows:
Beginning in the Southwesterly corner of Lot 141 , originally designated as
the Southwesterly Corner of the "Public Square", being also the intersection
of the East line of Locust Street and the North line of West Seventh Street;
thence North 22 degrees, 30 minutes West along the East line of Locust
Street to the Northwesterly Corner of Lot 145, being also the intersection of
the East line of Locust Street and the Southerly line of Eighth Street; thence
Northeasterly along the Northerly line of Lot 145 to the Northeasterly corner
of Lot 145, being also the intersection of the South line of Eighth Street and
the West line of Thirty Foot alley East of Locust Street; thence Southeasterly
along the West line of said Thirty Foot alley to the Southeasterly Corner of
Lot 141 , originally designated as the Southeasterly Corner of the "Public
Square", being also the intersection of the west line of the Thirty-Foot alley
and the North line of West Seventh Street; thence South 67 degrees 30
minutes West to the point of beginning, in the City of Dubuque, lowa,
according to the Plat thereof recorded as Instrument No. 1798-77, records
of Dubuque County, lowa
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. Written comments regarding the above
public hearing may be submitted to the City Clerk's Office, City Hall, 50 W. 13�h Street, on
or before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office, and may be viewed during normal working hours.
Individuals with limited English proficiency, vision, hearing or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard-of-hearing
individuals can use Relay lowa by dialing 711 or (800) 735-2942.
Dated this 10�h day of January 2020.
Kevin S. Firnstahl, CMC, City Clerk
RESOLUTION NO. 12-20
SETTING A PUBLIC HEARING ON THE REVOCABLE LICENSE AND GRANT OF
EASEMENTS BY THE CITY OF DUBUQUE, IOWA TO ROSHEK PROPERTY, LLC
WHEREAS, the Development Agreement by and among the City of Dubuque, Roshek
Property, LLC, Cottingham & Butler, Inc., and Heartland Financial USA, Inc. requires that
the City deliver to the Roshek Property, LLC appropriate documents authorizing certain
encroachments in the public right of way on and adjacent to the Roshek Building; and
WHEREAS, the Revocable License and the Grant of Easements attached hereto
identify the encroachments; and
WHEREAS, the City Council has determined that approving the Revocable License
and Grant of Easements is in the best interests of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City Clerk is hereby authorized and directed to cause a notice to be
published as prescribed by lowa Code Section 403.9 of a public hearing on the City's intent
to approve the Revocable License and Grant of Easements with Roshek Property, LLC,
to be held on the 21 S�day of January 2020, at 6:00 o'clock p.m. in the City Council Chambers
at the Historic Federal Building, 350 W. 6th St., Dubuque, lowa.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on the matter of approving the Revocable License and Grant of Easements with
Roshek Property, LLC.
Section 3. The City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said
publication to be not less than four days nor more than twenty days before the date of
said meeting on the issuance of said obligations.
Section 4. The notice of the public hearing and the proposed action to approve the
Revocable License and Grant of Easements with Roshek Property, LLC shall be in
substantially the form attached hereto.
Passed, approved and adopted this 6�h day of January, 2020.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
1t 1/10