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Roshek Building Revocable License and Grant of Easements_Hearing Copyrighted January 21, 2020 City of Dubuque Public Hearings # 2. ITEM TITLE: Roshek Building Revocable License and Grant of Easements SUMMARY: Proof of publication on notice of public hearing to consider approval of the Revocable License and Grant of Easements to Roshek Property, LLC, and the CityAttorney recommending approval. RESOLUTION Approving the Revocable License and Grant of Easements by the City of Dubuque, lowa to Roshek Property, LLC SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Staff Memo Staff Memo Resolution Approving Revocable License& Grant of Resolutions Easements Grant of Easements Supporting Documentation Revocable License Supporting Documentation Notice of Hearing from January 6, 2020 Meeting 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: January 7, 2020 Re: Resolution Approving the Revocable License and Grant of Easements to Roshek Property, LLC The Development Agreement by and among the City of Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland Financial USA, Inc. dated the 16�h day of December, 2019, requires that the City deliver to 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. I recommend that the City Council adopt the attached resolution approving the Revocable License and Grant of Easements to Roshek Property, LLC. 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[ionAppmvingReoocableLimnseGran[OfEasemen6_010]20 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 V u Y Doc ID: 010424200008 Type GEN Kind: EASEMENT Recorded: 01/22/2020 at 11:25:59 AM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder Fi1e2020-00000858 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 31st 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. Exhibit 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 indemnify 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. [Remainder of page intentionally left blank; Signatures to follow] 2 SIGNATURE PAGE OF CITY OF DUBUQUE CITY OF UQU IOWA By: Name: Ric Jones Title: Mayor Pro Tem ATTEST: B Kevi S. Firnstahl, City Clerk STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this day of , 204-9, before me, a Notary Public in and for the * State of Iowa, personally appeared Ile 1-and Kevin S. Fimstahl, to me personally known, * who being by me duly sworn did say that they are the y r-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 4 y- Bu'&t 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. *Ric W. Jones, Mayor Pro Tem Notary Public in . + or State of Iowa PAMELA Je McCARHON Commission Number 772419 My Comm. Exp.-5-o>01f 3 SIGNATURE PAGE OF ROSHEK PROPERTY, LLC IN WITNESS WHEREOF, 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, q , 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. z MICHAEL J. COYLE Commission Number 5474 My Commission Expires '9? 2 —/Z 30 /"Ci7/./A--Att otar Public in and for Y ate o owa 4 WE12B OUTER BASEMENT WALL INNER ASEMENT WALL 20' EXHIBIT "A" FOR ROSHEI< BU6.DINGON A PARCEL OF LAND HARKED 'PUBLIC SQUARE` ON THE UNITED STATES SSIONERS' PLAT OF SURVEY OF THE TOWN OF DUBUQUE, IOWA, AND NUMBERED AS LOTS 141, AND 143a; AND CITY LOTS 143, 144 AND 145; IN THE CITY OF DUBUQUE, IOWA ACCORDING TO THE PLAT THEREOF IN BOOK OF PUTS #34, PAGE 353, RECORDS OF DUBUQUE COUNTY, IOWA. DETAIL NO —SCALE SCALE tN. FFFTT = 40 LEGEND PROPERTY' LINE SUR9EIED PROP. LINE aQROW LINE EASEMENT LINE .BASEMENT WALL SMINISMINDWitiatAWE BUILDING FOOTPRINT BACK OF CURB. (BOO WAY OUTER WAIL. ENGRCA RADIATOR PLATFORM CANOPY 80' T WINDOW WE . WITH GRATE ENCROACHES 2.9' 5 WATER METERS & MEDIA SERVICES GAS METERS. PIPES WITH BOLLARDS 2� GAS VENT PIPE T SUB BASE G©IERATOR TANKS. 2 OIL. TANK VENT. .. ELEL-FILL CITY LOT 141 DETAIL NO —SCALE DETAIL NO —SCALE DETAIL NO —SCALE LOADING DOCK ENCROACHES 8. METAL RAILING ATOR-PLATFORM ENCROACHES 8.5'. METAL. STEPS NCROAC'HES BOLLAR WE-T2.5' TER ENT WALL tA UESIINNG aasrxaMRS AND EURY1YDRS 1212 LOCUST St, DUBUQUE. N (58J) 550-4299 DRAWN BY: JCH. CHECKED: BY: T1x SURVEY DATE 11-04-2019 PLOT DA 11%18/ N0. 19278-01 SCALE:: 1' SHEET 1 OF 1 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 IA 52001 563 583-4113 RESOLUTION NO. 31-20 APPROVING 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., dated the 16th day of December 2019, requires that the City deliver to 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; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on January 6, 2020 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 Revocable License and Grant of Easements attached hereto. 010720ba1 Section 2. The Mayor is authorized and directed to sign the Revocable License and Grant of Easements on behalf of the City of Dubuque Passed, approved and adopted this 21st day of Janu. �s20. Ric W. Jones,yor Pro Tem Attest: KevYh S. Firnstahl, City Clerk F:\Users\tsteckle\Lindahl\Roshek Property LLC-C&B DA - Roshek Bldg(2019)\ResolutionApprovingRevocableLicense&GrantOfEasements_010720.docx CERTIFICATE of the CITY CLERK STATE OF IOWA ) 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. 31-20 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 22nd day of January, 2020. Kevin tS. irnstahl, CNiC, City Clerk u II 1 ll V Doc ID010424210009 Type GEN Kind: MISCELLANEOUS Recorded: 01/22/2020 at 11:26:49 AM Fee Amt: $47.00 Page 1 of 9 Dubuque County Iowa John Murphy Recorder Fi1e2020-00000859 Prepared by: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563 589-4270) Return to: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13th 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, 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. 1798-77, records of Dubuque County, Iowa; 1 �� 4 f C On°nti C IDci1__a Qopul+..t'J (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/Exhaust Fan; Airconditioning Condensers; Electric Meter; Key Box on Alley Wall; 1" Conduit for Ground to Generator; 1" Exhaust Drain; 1" Generator Exhaust; Downspout; and Fire Department sprinkler. (collectively the `Encroachments") under the terms and conditions set forth in this License. to: Section 2. The permission herein granted is expressly conditioned on Licensee's agreement 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 installation, 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 harmless 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 connection with the location; installation, existence, construction, maintenance and repair of Encroachments. e. Any special conditions as set forth for this License as identified: Section 3. The Encroachments shall be maintained in accordance with all applicable state and federal laws and regulations, 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 notice from the City Manager, so to do, at its own expense, remove said Encroachments at Licensee's expense and dispose of the same, and Licensee shall have no claim against the City or its officers, agents, or employees for damages resulting 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, erection, location, construction, repair or maintenance of said Encroachments and Licensee hereby covenants and agrees not to assert such claim or defense against the City of Dubuque 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 location, installation, construction, design, repair and maintenance of the Encroachments. Section 6. This Revocable License shall become effective and the rights hereunder accrue to Licensee when this License has been approved by the City Council and the terms and conditions 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. Section 8. Iowa One -Call registration may be required by the Code of Iowa. When applicable Licensee shall submit documentation to the City Engineer of Iowa One -Call registration membership. Signed this 21n`day of January , 201-9- 20 Ric W. Jones, Mayor Pro Tem 3 Attest: Kevin irnstahl, City Clerk State of Iowa ) ) ss: County of Dubuque ) „lapm - On this day of ; 2019,'before me, the undersigned, a Notary Public in and for * the State of Iowa, personally appe R-e3-4i.4e-1 and Kevin S. Firnstahl, to me personally known, who, * being by me duly sworn, did say that they are the Muyef 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 signed and sea -d.e9 behalf of the corporation, by * authority of its City Council on the day of Firnstahl acknowledged the execution of the instrument to their voluntary act and deed. *Ric W. Jones, Mayor Pro Tem , : d. B 1 and Kevin S. Notary Public and for said State � ElicCARFI€ N Commission Number 772419 „,, My Comm. Exp. 1/7-10_± 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 terms and conditions herein contained. ROSHEK PROPERTY, LLC, LICENSEE: Signature By: Lynn H. Fuller Title: President Dated: December 1 , 2019 Signature requires notary ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA ) COUNTY OF DUBUQUE ) On this 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, executed the instrument el' MICHAEL J. COYLE Commission Number 5474 ( S ea 1*YACommi ion Ex re b Notary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL XX CORPORATE OFFICER(S) President (Title) limited liability company (CORP SEAL) AFFIXED XX NO SEAL PROCURED PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: (sign in ink) (print/type naive) Name of Person(s) or Entity(ies): — Roshek Property, LLC 5 EXHIBIT "A" FOR ROSHEK BUILDING ON A PARCEL OF LAND MARKED °PUBLIC SQUARE ON THE UNITED STATES COMMISSIONERSPLAT OF 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 SOOK OF PLATS #34, PAGE 353, RECORDS OF DUBUQUE COUNTY, IOWA. CITY LOT 145 0 20' 40' 80' SCALE IN FEET 1" --=.4 40' LEGEND PROPERTY LINE SURVEYED PROP. UNE ,••••• •••••• ROW LINE EASEMENT UNE WEARY04141Y”.'"""".'42G BUILDING FOOTPRINT BACK OF CURB (ROC) NIGHT OF NAY SIDEWALK OUTER WALL ENCROACHMENT ROW SW RADIATOR PLATFORM CANOPY CITY LOT 144 CITY LOT 143a NE.S1 004 scAA'N _0€0 PVT GREASE HOOD EXHAUST FAN ENCROACHES 4.1' AIR CONDITIONING CONDENSERS ENCROACHES 2.3' METER coNlMJrr FOR G TO SENERATOR AIR CONDITIONING CONDENSERS ENCROACHES 2.3' EXHAUST DRAIN 1" GENERA TOR EXHAUST CITY LOT 141 KEYEICX ON WALL DOWNSPOLFT FIRE DEPARTMENT SPRINKLER BUESING ASSOCIATES INC. NNGINSTRS AND SURVSY8RS 1212 LOCUST ST, DUBUOLIE, A (SO) 558-• 4389 DRAW Y: JCH/TPL. CHECKED BY: TLK SURVEY DATE: 11-04-2019 PLOT DATE: 11/22/19 DWG. NO. 19278-02 SCALE: 1" = SHEET 1 OF 1 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 IA 52001 563 583-4113 RESOLUTION NO. 31-20 APPROVING 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., dated the 16th day of December 2019, requires that the City deliver to 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; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on January 6, 2020 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 Revocable License and Grant of Easements attached hereto. 010720ba1 Section 2. The Mayor is authorized and directed to sign the Revocable License and Grant of Easements on behalf of the City of Dubuque Passed, approved and adopted this 21st day of Janu., I20. Ric W. Jones,l =yor Pro Tem Attest: Kevt6 S. Firnstahl, City Clerk F:\Users\tsteckle\Lindahl\Roshek Property LLC-C&B DA - Roshek Bldg(2019)\ResolutionApprovingRevocableLicense&GrantOfEasements_010720.docx 2 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. 31-20 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 22nd day of January, 2020. Kevi S. Firnstahl, CMC, City Clerk 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. STATE OF IOWA DUBUQUE COUNTY CERTIFICATION OF PUBLICATION {SS: I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 10, 2020, and for which the charge is $77.50 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, JANET K. PAPE Commission Numbst 199859 My Comm. Esp. DEC 11, 2022 CITY OF DUBUQUE, IOWA At the meeting, the °, Grant of Easements OFFICIAL' NOTICE City' Council •`will re -with Roshek Property, PUBLIC `NOTICE is ceive oral -and written LLC, to be"held on the hereby given that the comments 'from any 21st, day of .January City cou`ncil`ofthe city resident or 'property 2020, at: 6:00 .o'clock of., Dubuque,; Iowa, ;will owner of said City .to p.m. in the City Council hold a public"hearing theabove.action. Writ -''Chambers at the His ! on the 21st day of Jan- ten comments regard- toric .Federal Building, uary 2020 at 6:00 p.m. 350 W. 6ti,,�SYt Dubuque, in the Historic Federal ing the above public ,.Iowa Building, 350 West 6th hearing may, be sub- ono City i Street, second flodi, said tiro' :at Dubuque, Iowa, ' at `miffed to' the City said , "' rid pla e}for which meeting the City I Clerk's Office; City Hall, the purpose of taking Council 50 W. 13th Street, on or proposes to action on the matter of before said time of dispose of ,anr ynteres public hearing. approving the Revoca in the foil4irn &de- ' Copies of supporting ble License and Grant Scl�JRed real° p a y of Easements with by Revocab ee , documents for the pub- ,Roshek Property, LLC, and Grant" of" .Ease=' he hearings are on file' Section 3, The City_, in the .City Clerk's Of- meertis to Roshek Prop- five, and may be -ed rto! causebatd�least A parcel of.land viewed' during ;normal -one publication to`be marked Public -Square^ working hours. made of. a notice of Individuals with limit - on .the United States ed En lish roficienc , said meeting, i a Commissioners' Plat of visiong" hearing or newspaper., printed the Survey of the Town speech, impairments wholly in' the. English of Dubuque, Iowa, and •requiring special assis- 'language, published at ' numbered as lots 141, tance should contact least once wee ci ,.atld 142 and 143a;AND, City the City Clerk's Office having general circula Lots 143, 144 and 145; tion in, said City, said ;� in the Cityof Dubuque, at (563) 589 4100, TDD publication to be not q (563) 690-6678, cty- Iowa, according to the less than'four days nor Plat thereof in Book of c I e r k c i t Y o f- dubuque.org as soon moor the twenty o days I Plats #34, page . 353, before the date of sis- records of as feasible. Deaf .or meeting on the'a County, Iowa; also de- viduals can use Relaynuance of said obliga scribed as: Part of the lows by dialing'711 r tions. United States Commis- Section"4: The notice (800) 735.2942. of the hearing sinners' Government: public Plat of the Original Dated this 10th day of and the'proposed ac-. January 2020. Town, now City of Kevin S. Firnstahl, tionapprove the ,R Dubuque, in Dubuque' CMC, City Clerk vocable' e License and County, Iowa ,.described _ Crant 'of `Easements as follows: RESOLUTION with Roshek Property, Beginning` in the LLC shall .be in 'sub - N0.12-20. Southwesterly corner stantiall'y the `form at- SETP TING A PUBLIC of Lot ' 141, originally HEARING ON THE RE- tached hereto. designated ' 'as the +• VOCABLE LICENSE AND `Passed approved and Southwesterly; Corner GRANT OF %EASE- adopted this 6th day of of the "Public Square", MENTS • BY THE CITY January; 2020. being also the`intersec OF DUBUQUE,>1OWA ';/s/Roy D._Buol, Mayor tion :'of.the East line of TO ROSHEK PROPER- (Attest./s/KevinS. Firn- Locust Street;, and the > TY, LLC Stahl City Clerk North line of West Sev-;, WHEREAS; the Devel- ilt 1/10 enth . Street; thence opment Agreement by North 22 degrees, 30 and among the City of, minutes West along Dubuque, Roshek Prop the East line of Locust erty, LLC, Cottingham Street to the North- & Butler, Inc., and westerly Corner of, Lot Heartland Financial USA, 145, being also the in -,I Inc. requires that the. tersection of the East City deliver ..to the line of Locust Street Roshek Property, LLC and the Southerly line 1 appropriate documents;'. of Eighth Street; authorizing certain ,en - thence Northeasterly croachments in the along the'Northerly line public;right 'of . uuay on of Lot 145 to the North- I , and adjacent ;-o the easterly corner of Lot Roshek Building;and ,:. 145, being also the in- ! WHEREAS th", Revo- tersection of the South cable Licensea bathe line `of Eighth Street `. Grant of Easemejite at - and the West line of, tached hereto, Identify Thirty Foot alley East the . encroachment`s, of Locust Street;,l and thence Southeasterly WHEREAS, the City along the West line of Council has :deter - said Thirty Foot alley to mined that approving the Southeasterly Cor- the Revocable License ner of Lot 141, original- and Grant of Ease- ly designated as the ' ments is in the best in - Southeasterly Corner terents of the City. , of the "Public Square", NOW THEREFORE, BE being also the intersec- IT RESOLVED BY THE tion of the west line Of CITY COUNCIL OF THE the Thirty -Foot alley CITY OF DUBUQUE, and the North line- of IOWA: West Seventh Street; Section 1. The City , thence South 67- de Clerk is hereby 'autho- grees 30 minutes West rized and directed to"" to the point of begin- cause a notice to be ning, in the 'City of: published as pre Dubuque, • Iowa,' ac- scribed by Iowa Code cording. to -the Plat section.403.9 of a pub thereof recorded as in- lic hearing on the City's strument No. 1798.77, intent to approve the records of Dubuque Revocable License and. County, Iowa