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.
L
Notary Public in and for the Statetbf Iowa
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