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B&C Cathedral Development, United Clinical Lab Irrevocable LicenseMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: B & C Cathedral Development, LLC & United Clinical Laboratories, Inc. Irrevocable License DATE: December 14, 2010 B & C Cathedral Development, LLC and United Clinical Laboratories, Inc. are in the process of converting the building located at 205 Bluff from office to multi - family structure. During the zoning review process, a title opinion and subsequent survey identified three encroachments that have been in existence for quite some time and are of a more permanent nature. These encroachments include a wall on Bluff Street, building overhang and steps on Emmett Street. Since the encroachments are permanent, City Attorney Barry Lindahl recommends the use of an Irrevocable License to address the encroachments. City Engineering Gus Psihoyos recommends City Council approval of Irrevocable Licenses for B & C Cathedral Development, LLC and United Clinical Laboratories, Inc. to encroach the public right -of -way of Bluff and Emmett Streets. concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer �C. Van Milligen gen Dubuque AN- Amaica City 1 2007 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager,— FROM: Gus Psihoyos, City Engineer SUBJECT: B & C Cathedral Development, LLC & United Clinical Laboratories, Inc. Irrevocable License DATE: December 14, 2010 INTRODUCTION This is in response to a request from B & C Cathedral Development, LLC and United Clinical Laboratories, Inc. to maintain existing encroachments into the City's rights -of- way. The encroachments include a wall on Bluff Street, building overhang and steps on Emmett Street. DISCUSSION Dubuque hitd Al-Amedcacity 1 2007 B & C Cathedral Development, LLC and United Clinical Laboratories, Inc. are in the process of converting the building from office to multi - family structure. Information from Attorney Kevin Deeny of Kane, Norby & Reddick, advised that Title Guaranty required a letter from the city stating that the city will not force the removal or enforce the encroachment ". During the Zoning review process, a title opinion and subsequent survey the three encroachments were identified. The encroachments have been in existence for quite some time and are of a more permanent nature. Since the encroachments are permanent, City Attorney, Barry Lindahl has recommended the use of an Irrevocable License to address the existing encroachments. After this license is approved and executed a letter can be provided as requested by Attorney Kevin Deeny. The existing steps and roof overhang encroach into Emmett Street right -of -way by less than 2' which leaves over 7' of clear passage for pedestrians. The wall on Bluff Street encroaches 1'6" at most and again leaves over 7'6" for clear pedestrian passage. All required documents have been received: the Irrevocable License Applications; signed Acceptance of Terms; letter of request, Certificate of Insurance; and a copy of the Alta Survey showing the encroachments. The Engineering Department and Planning Services have reviewed the material and have found them all to be in accordance with City standards. ACTION TO BE TAKEN It is requested that the Irrevocable Licenses for B & C Cathedral Development, LLC and United Clinical Laboratories, Inc. to encroach the public right -of -way of Bluff and Emmett Streets be approved. Prepared by: Jane Smith cc: Barry Lindahl, City Attorney Ron Turner, RLS Guy Hemenway, Planning Services Brian J. Kane Les V. Reddick* Brad J. Heying Todd L. Stevenson* Kevin T. Deeny** Bradley B. Kane Joseph P. Kane Nicholas J. Kane All admitted in Iowa *Also admitted in Illinois * *Also admitted in Wisconsin City of Dubuque Engineering Department 50 W. 13th Street Dubuque, IA 52001 Dear Ladies and Gentlemen: BJK:tg Enclosures KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001 -3091 November 29, 2010 RE: B & C CATHEDRAL DEVELOPMENT, L.L.C. AND UNITED CLINICAL LABORATORIES, INC. APPLICATION FOR IRREVOCABLE LICENSE We are the attorneys for B & C Cathedral Development, L.L.C. and United Clinical Laboratories, Inc. in connection with their Application for an Irrevocable License. Our clients are the titleholders to property located at 205 Bluff and have been advised that there exist three encroachments into the City's rights of way. The parties desire to maintain the encroachments as they currently exist (and have existed for a long time). Enclosed are the following: 1. Completed Irrevocable License (which includes a copy of an ALTA Survey showing the encroachments) executed by a representative for B & C Cathedral Development, LLC and for United Clinical Laboratories, Inc.; 2. A copy of the insurance certificates for the property; and 3. A check in the amount of $500.00 for the license fee. We appreciate your consideration for our clients' application for an Irrevocable License. If you require any additional information or documentation, or if you have any questions, please do not hesitate to contact us. Thank you. Best regards, Phone: (563) 582 -7980 Facsimile: (563) 582 -5312 E-mail. bkane @kanenorbylaw.com Retired: Gary K. Norby 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) IRREVOCABLE LICENSE AUTHORIZING B & C CATHEDRAL DEVELOPMENT, L.L.C. and UNITED CLINICAL LABORATORIES, INC. TO MAINTAIN THREE (3) EXISTING ENCROACHMENTS ON PUBLIC RIGHT -OF -WAY Section 1. B & C Cathedral Development, L.L.C. is the owner of the premises locally known as 205 Bluff, #2 and #3, Dubuque, Iowa, and legally described as follows: Apartment 2 and Apartment 3 of Cathedral Square Association, as established in the Declaration of Establishment of a Horizontal Property Regime, of Lot 2 and Lot 3 of Lot 1 of "Cathedral Center" in the City of Dubuque, Iowa, filed November 20, 1984, Instrument #8564 -84, records of Dubuque County, Iowa. United Clinical Laboratories, Inc. is the owner of the premises locally known as 205 Bluff, #1, Dubuque, Iowa, and legally described as follows: Apartment 1 of Cathedral Square Association, as established in the Declaration of Establishment of a Horizontal Property Regime, of Lot 2 and Lot 3 of Lot 1 of "Cathedral Center" in the City of Dubuque, Iowa, filed November 20,1984, Instrument #8564 -84, records of Dubuque County, Iowa. B & C Cathedral Development, L.L.C. and United Clinical Laboratories, Inc. (collectively "Licensee ") and their successors in interest are hereby granted an Irrevocable License and authority to maintain the three (3) encroachments shown on the attached survey ( "Encroachments ") (see attachment for locations) under the terms and conditions set forth in this License. Section 2. 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, 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, Toss, 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: None 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. Licensee covenants and agrees that the Irrevocable 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 5. This Irrevocable 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 6. 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 7. 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 20th day of December Atte t: eanne F. Schneider, CMG, City Clerk State of Iowa ) ss: County of Dubuque ) , 20 10 ,t0 by D. Buol, Mayor On this 20th day of December 2010 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Roy D. Bud_ and Jeanne F. Schneider, 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 wa2sostignedayofndsealed on behalf of the corporation, •hda by authority of its City Council on the December 2010 , and Roy D. Buol and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed. wN ,tiatolykialtttiviki SUSAN M. WINTER COMMISSION NO.183274 MY COMMISSION EXPIRES 2/14/11 Notary Publi6 in and for said State ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE The undersigned, being duly authorized to execute this Acceptance on behalf of B & C Cathedral Development, L.L.C., and having read and being familiar with the terms and conditions of the Irrevocable License, for itself, its successors or assigns, accepts the same and agrees to be bound by the terms and conditions herein contained. LIC E n a ure W Sig By: Chad M. Walsh Title: President Dated: ' • B & C Cathedral Development, L.L.C. STATE OF IOWA ) )ss COUNTY OF DUBUQUE ) Subscribed and sworn to me this d`i day of (Ubv .l)e/', , 2010, by Chad M. Walsh, as President of B & C Cathedral Development, L.L.C. Notary Public in and for the State of Iowa DAWN UDELHOFEN COMMISSION NO. 757716 MY CON E>S: ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE The undersigned, being duly authorized to execute this Acceptance on behalf of United Clinical Laboratories, Inc., and having read and being familiar with the terms and conditions of the Irrevocable License, for itself, its successors or assigns, accepts the same and agrees to be bound by the terms and conditions herein contained. LICENSEE: United Clinical Laboratories, Inc. By: Paul D. Spivey Title: President Dated: HOI`E41&& a ` l ?-C IO ANN • MINCER Notarial pal - Iowa Commission • 197) 5O My Commission Expire= :113 STATE OF IOWA )ss COUNTY OF DUBUQUE ) Subscribed and sworn to me this 4 q day of J'1 , 2010, by Paul D. Spivey, as President of United Clinical Laboratories, Inc. 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NO, 12631 DATE 11 /0(/UJ ur Um+SE PM/ DAR LS OEOUTW 31, 1100 PACES COVERED BY 10S CCR111.11041 NS PALE ONLY 4 W 0)0000 1 Y 5400(100; M1C 155 P0010110024 MIME 00 0410 x1 100 - - 0 0111 00 0 009 503-556 -7011 WAKE 0!850100 D010 001000 25 100 ALTA /ACSM LAND TITLE SURVEY LOT 2 AND LOT 3-1 OF CATHEDRAL CENTER IN THE CITY 0i DUBUQUE, IOWA, ACCORDING TO THE RECORDED PUT THEREOF, RECORDED JANUARY B, 2010 AS DOCUMENT NUMBER 2010 -409, 51111111410 IN DUBUQUE COUNTY, IOWA RRL NARANIY 0IOSOI K ME IOWA RNUNE AUr09rI !TEKTITE DA10 Somali 29, 1015 AT 6:00110, CU1 741 KU OLT 0- 92100116 OMFI C066O FM: B 0 C 1 00002170 DEFETOPNENA LLG A0 IONA HIKED 4101111 CO9ANY l M 10 10000 21 0 1 M *0 * 400 K .SOOT 1 y L 1101 00041 Rf ME WINCE NORM eI DEGREES 53 WOOS 00 SECNOS EAST. 146.63 FEET MOM MOM NE NORTH 11000 (0 S./XI LOT 2 TO 11E 110(100051 CORNER K SAD LOT 10 11010E 001110 000 1 10 0411ONDS EAST, 11.3 A REEL � 110 EAST 01)41 O 010 10) 14 1 0 10 OE 00 41104 010451 $ 12 SEC 005X 0 SAm 10) 71 2. 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