Grant of Easement for Storm Sewer - Applewood IV Senior Housing Copyright 2014
City of Dubuque Consent Items # 7.
ITEM TITLE: Grant of Easement for Storm Sewer-Applewood IV Senior
Housing
SUMMARY: City Manager recommending Acceptance of the Grant of
Storm Sewer Easement from Dubuque Senior Housing IV,
LLC through, over and across part of Lot 1 of Lange Estate
in the City of Dubuque.
RESOLUTION Accepting a Grant of Easement for storm
sewer through, over and across part of Lot 1 of Lange
Estate, in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
3225 Pennsylvania Avenue Acceptance of Grant of City Manager Memo
Storm Sewer Utility Easement-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
Location Map Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Storm Sewer Utility Easement over Dubuque
Senior Housing IV, LLC Property at 3225 Pennsylvania Ave. in Dubuque,
Iowa
DATE: October 31, 2016
There is an existing 48" public storm sewer located across the southeast corner of
property located at 3225 Pennsylvania Avenue. The easement covering this utility was
granted to the City in 1963. The 1963 easement is a blanket easement that encumbers
the entire original property, which at the time was a farm owned by Arnold Lange. This
area also includes the property currently being developed as the "Applewood IV"
apartment complex. In an effort to reduce the encumbrance on the property, a new
storm sewer utility easement has been granted by the current owners over just the
existing sewer location. In a concurrent request, the current owners are asking for the
release of the 1963 easement.
City Engineer Gus Psihoyos recommends Acceptance of the Grant of Storm Sewer
Easement from Dubuque Senior Housing IV, LLC through, over and across part of Lot 1
of Lange Estate in the City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
11a.14^1
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
buque
THE CITY OF Du
D UB TE III��II
Masterpiece on. the Mississippi Mr, •20,2.20„
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of a Grant of Storm Sewer Utility Easement over Dubuque Senior
Housing IV, LLC Property at 3225 Pennsylvania Ave. in Dubuque, Iowa
DATE: October 28, 2016
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a permanent easement for storm
sewer across part of Lot 1 of Lange Estate in the City of Dubuque.
DISCUSSION
There is an existing 48" public storm sewer located across the southeast corner of this
property. There is an existing public storm sewer easement covering this utility granted to the
City in 1963. A copy of that easement is attached as a reference. The 1963 easement is a
blanket easement that encumbers the entire original property, which at the time was a farm
owned by Arnold Lange. This area also includes the property currently being developed as the
"Applewood IV" apartment complex. In an effort to reduce the encumbrance on the property, a
new storm sewer utility easement has been granted by the current owners over just the
existing sewer location. In a concurrent request, the current owners are asking for the release
of the 1963 easement.
RECOMMENDATION
I recommend accepting the Grant of Storm Sewer Easement through, over and across part of
Lot 1 of Lange Estate in the City of Dubuque, Iowa, as shown on the as shown on the attached
Grant of Easement for Storm Sewer Utility.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Storm Sewer Easement from Dubuque Senior
Housing IV, LLC.
Prepared by Nate Kieffer, PLS
cc: John Klostermann, Public Works Director
Denise Ihrig, Environmental Engineer
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4121
RESOLUTION NO. 366-16
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, OVER
AND ACROSS PART OF LOT 1 OF LANGE ESTATE, IN THE CITY OF DUBUQUE,
IOWA
Whereas, Dubuque Senior Housing IV, LLC has executed a Permanent
Easement for Storm Sewer through, over and across Part of Lot 1 of Lange Estate in
the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Permanent Easement for Storm Sewer through,
over and across Part of Lot 1 of Lange Estate in the City of Dubuque, Dubuque County,
Iowa as shown on the Grant of Easement for Storm Sewer Utility, a copy of which is
attached hereto, from Dubuque Senior Housing IV, LLC.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk is hereby authorized to and directed to record this
resolution and easement with the Dubuque County Recorder.
Passed, approved and adopted this 7th day of November, 016.
Roy D. Buol, Mayor
Attest:
Kevin Firnstahl, C ''L^ ity Clerk
Prepared b s Nate Kieffer City of Dubu ue 50 W.13t Street bubu ue Iowa 52001 563 589.4270
Return to:Nate Kieffer, City of Dubuque, 50 W. 13th Street,Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR STORM SEWER UTILITY
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Dubuque Senior Housing IV, LLC
5201 East Terrace Drive
Madison, WI 53718
of Dane County, State of Wisconsin, for themselves, their heirs and assigns, do
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal
corporation, its agents and contractors, from the date hereof, rights of ways and
easements through, under and across the following described real estate
situated in Dubuque, Iowa, to wit:
Part of Lot 1 of Lange Estate in the City of Dubuque, County of Dubuque,
Iowa as shown on Exhibit A attached hereto and by reference made a part
hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining storm sewer and other appurtenances, along with
the right, privilege and authority to construct, reconstruct, maintain, operate,
repair, patrol and remove said improvements. Said easement shall also include
the right to cut, trim or remove trees, bushes and roots as may be required
incident to rights given herein.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said storm sewer and
other appurtenances.
Grantor shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer. Grantor shall not
change the grade, elevation, and contour or perform any construction or
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
To have and to hold unto the said City of Dubuque, Iowa, 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 or repair said storm sewer
thereon or therein.
Dated at Madison, Wisconsin this 13 day of ����� , 2016.
By:
Daniel D Fitzgerald, ember of
Horizon Senior Housing XX, LLC,
Managing Member of Dubuque
Senior Housing IV, LLC
NOTARY PUBLIC
STATE OF WISCONSIN,
COUNTY OF DANE COUNTY, SS,'
On this day of , A.D., 2016 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Dan
D. Fitzgerald to me known to be the identical person(s) named in ��k opt
executed the within and foregoing instrument, to which this is atta
acknowledged that they executed the same as their voluntary act and e ,
' "`ti I
Notary Public In and Foi ate;-,
VT
GRANT AND EASEMENT
KNOW ALL MEN Of THESE PRESENTS: THA-r IN CONSIDERATION OF' $1.00 IN HAND
PAID BY THE CITY OF DUBUQUE, IOWA, A MUNICIPAL CORPORATION, INC RECEIPT
WHEREOF IS HEREBY ACKNOWLEOGEO, THE UNDERSIGNED BEING THE OWNER OF
—LOT I OF LGL2 OF THE S,W, 1./4 - S_.,k'_1,��E.c.-LuN-22_T99N R9F
IN THE CITY OF' DUBUQUE HEREOY GR4N13 AND CONVEYS '10 SAID CITY OF DUBUQUE,
A PERPETUAL. RIGHT OF EASEMENT, IN, OVER AND ACROSS SAID •1
LOT 1 OF LOT 2 OF THE S.W. 1/4 - S.1•!, 1/4 SECTION 22 T89N - R2E
FOR THE PURPOSE OF CONSTRUCTING A FORTY—EIGHT INCH R.C.C.P. STORM SEWER
AND FUTURE SANITARY SEWER
WITH THE RIGHT 'r0 GO UPON SAID PREMISES AT ALL REASONABLE TIMES FOR THE
PURPOSE OF INSPECTING AND REPAIRING THE SAME WHEN INSTALLED.- PROVIDED
HOWEVER IHAT SAID CITY OF DUBUQUE SHALL REPLACE WHATEVER EARTH ANO XIMY
'THAI MAY BE DISTURBED IN THE INSTALLATION OR REPAIR OF SAID
FORTY—EIGHT INCH R.C.C.P. STORM SE14ER AND SANITARY SEWER
70 AS GOOD CONDITION AS IT WAS IN BEFORE THE SAME WAS DISTURDED,
THIS GRANT Or EASEMENT SHALL BE BINDING UPON THE UNDERSIGNED, ITS PUR—
CHASERS AND ASSIGNS FOREVER. I J l
ARIIOLD C. LANCE AND AIRS. A.RNOL C. LANGE:
srATE OF Iowa ss
miNrY OF OUBUQLE)
ON 7H15 _ � 'DAY OF r , A.D., 191j Jr�, BEFORE
ME A NOTARY PUBLIC' IN AND FOR DUBUQUE COUN7Y, IOWA, PERSONALLY APPEARED
Ley-moo/ L.g�G
;'MS,.KNOWN 70 BE THE IOENTICAL PERSONS NAMED IN AND WHO EXECUTED THE
�-cltSSj�"f -SIG INSTRUMENT, AND ACKNOWLEDGED THAT THEY EXECUTED THE SAME. AS
TNEiIt V�' U N7 ARY ACT AND GEED.
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37612 �� �
•..,,..• �, FILED FOR RECORD NbTARY PUBLIC N AND POR $ATO COUNTY '
5 - /.1 HN L. WHITE
9963 i
'AT/•',3e ?M
MAT(((M.RUHOER.Recoldor
llUL'U(UE CO.,IOWA its
I
eCo,i 181 PAGE503
ig,
EXHIBIT A
PUBLIC STORM SEWER EASEMENT. U
51
ACROSS LOT 1 OF LANGE ESTATE,
IN THE CITY OF DUBUQUE, IOWA. o
1 rpqa Ua&
B L O Ci TE L L I N A O D I T IO N m LOT 2 =,,,_LOi T_,,,� ? ,,� .____
),1 LGT d L01 3 ...14ff£--' ''11' m w
_ LOT 8 ' LOT 6 ,� LGT 5�,�
(235.0 )
LEGEND
PROPERTY UNE
-- --- —RIGHT Or WAY(ROW)
---����EASEMENT LINE
EXISTING EASEMENT LINE
{ ) RECORD DIMENSION f /
ROW RICHT Or WAY STORM SEVYER AND SANITARY SEWER /
PUE PUBLIC UTEUTY EASEMENT N EASW.ENT GRANTED AND CONVEYED TO THE s
CITY OF OUBUOUE FOR A PERPETUAL RIGHT f ,yr„ zi
OF EASEMENT,IN,OV:R AND ACROSS LDT ( -
1-2 OF THE SWI/4 SWI/4,SECTION 22, 2,y. 1A11�k
T8?N,Rm PER BOOK 181,PAGE„03:
TO BE VACATED BY THIS PLAT. 154 1
x2
I w3
w LO?2 0 LOT 1 Z Ny _s
< LANGE ESTATE v LANGE ESTATE
o
SCALE 1 = 100' PUBLIC STORM SEWER /� a
EASEMENT CREATED }l / ¢
0' 50' 100' BY THIS PLAT los, 1 r
e LL -
...._ _.___—_ --
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meieeac�N'•:Aus„-sea�c EnsEN�— '
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PENNSYLVANIA AVE. (66' ROW) r
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WAS YMLAND SURVEYING
HEWAS
PERFORMED BE ORU R MYDIRECERSON1.N4IT,yESL MEASUREMENTS ARE IN FEET ANO DECIMAL-THEROF
+ ,A SUPERtlSION AND THAT I AM A DULY LICENSED LAND 2,:OWNER&PROPRIETOR OF SAO LOT 1 C-_ANGE ESTATES 5
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. Dubuque Ser'[w Houalog W.IAC
{j KT TERROR �'-'K'"� 52D1 E T--0r./Mcdison,WI 53718 OKOE �....
_ SAO LOT 1 I
' S LOCATED IN THE SWf/¢OF`SECTON 22.T89N, R2E,OF THE STH P.M., y
_ DUBUQUE COUNTY,IOWA,
t-
�. a 1 487 TERRY L. {OELKER (DATE) 4.SURVEY REQUESTED BY: HORIZON DEVELOPMENT 30
LICENSE NUMBER: 15487 S.TINS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD, j
/7x'Jlf�1R1R�1 'N'`\`L` MY LICENSE RENEWAL DATE IS DECEMBER 31,2017
SHEETS COVERED BY THIS SEAL: THIS SHEET ONLY 1 '�
NAE LOCATION MAP DAGIS
ELE000E AREA G aGKAPIIC INFER-1—=v„EH
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Storm Sewer
Easement
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1693
1694 Sewer
1690 �. 3280 3276 3270 3260
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675 70
nty Assessor, CityWOMRMuell'Assessor
DISCLAIMER:This Information was compiled
sing the Dubuque Area Geographic Information System
Using the which Indudes data created by both the city of Map Prepared by:
Dubuque and Dubuque count. It Is understood that,while
I
city of Dubuque and partidpat ing agencies ueuzed me City of Dubuque
most current and accurate Information available,DAGIS and 1 inch = 100 feet Engineering Division
Its suppliers do not warrant the accuracy or currency of the
Information or data contained herein.The city and particlpating 50 West 13th Street
agencies shall not be held liable for any direct,Indirect,Incidental, Dubuque,Iowa 52001
consequential,puniti,e,or special damages,whether foreseeable or
unforeseeable,arising out of me authorized or unauthorized use of 100 50 0 100 Feet Phone:(563)589-4270
this data or the Inability to use this data or out of any breach of
warranty whatsoever Fax:(563)589-4205
III IIIIIUIV6YYYlillllll!IdVIYIVIII
IIIII'A
Doc ID 008546870005 Type' GEN
Kind: EASEMENT
Recorded: 11/10/2016 at 01:44:56 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fi1e2016-00015292
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR STORM SEWER UTILITY
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Dubuque Senior Housing IV, LLC
5201 East Terrace Drive
Madison, WI 53718
of Dane County, State of Wisconsin, for themselves, their heirs and assigns, do
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal
corporation, its agents and contractors, from the date hereof, rights of ways and
easements through, under and across the following described real estate
situated in Dubuque, Iowa, to wit:
Part of Lot 1 of Lange Estate in the City of Dubuque, County of Dubuque,
Iowa as shown on Exhibit A attached hereto and by reference made a part
hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining storm sewer and other appurtenances, along with
the right, privilege and authority to construct, reconstruct, maintain, operate,
repair, patrol and remove said improvements. Said easement shall also include
the right to cut, trim or remove trees, bushes and roots as may be required
incident to rights given herein.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said storm sewer and
other appurtenances.
Grantor shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer. Grantor shall not
change the grade, elevation, and contour or perform any construction or
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
To have and to hold unto the said City of Dubuque, Iowa, 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 or repair said storm sewer
thereon or therein.
Dated at Madison, Wisconsin this /3 day of ani , 2016.
By:
Daniel D Fitzgerald, '" ember of
Horizon Senior Housing XX, LLC,
Managing Member of Dubuque
Senior Housing IV, LLC
NOTARY PUBLIC
STATE OF WISCONSIN,
COUNTY OF DANE COUNTY, SS:
/On this J day of D(.5 , A.D., 2016 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared DanieL
D. Fitzgerald to me known to be the identical person(s) named in
executed the within and foregoing instrument, to which this is atta
acknowledged that they executed the same as their(g{�{/vj�olluntary act and
l
Notary Public In and Fo \sai
( )
ROW
PUE
LEGEND
PROPERTY LINE
RIGHT OF WAY (ROW)
EASEMENT LINE
EXISTING EASEMENT LINE
RECORD DIMENSION
RIGHT OF WAY
PUBLIC UTILITY EASEMENT
SCALE 1" = 100'
0' 50' 100'
EXHIBIT A
PUBLIC STORM SEWER EASEMENT:
ACROSS LOT 1 OF LANGE ESTATE,
I\ T-- CITY OF DU3UQUE, IOWA.
LOT 8
II II
B L 0 CI <I 3 M EI -IT E L LIN
LOT 7 LI LOT 6 i L LOT 5
< ADDITI
LOT 4
0 N m
LOT 3 _ — L LOT 2
LOT 1
LOT 2 TFM PLACE
LOT 1 TFM PLACE
ROW
LOT 2
LANGE ESTATE
ROW
CO
0
0
0
(235.03')
STORM SEWER AND SANITARY SEWER
EASEMENT GRANTED AND CONVEYED TO THE
CITY OF DUBUQUE FOR A PERPETUAL RIGHT
OF EASEMENT, IN, OVER AND ACROSS LOT
1-2 OF THE SW1/4 SW1/4, SECTION 22,
T89N, R2E. PER BOOK 181, PAGE 503.
TO BE VACATED BY THIS PLAT.
LOT 1
LANGE ESTATE
co
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0
DRAWN BY:
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PUBLIC STORM SEWER /
EASEMENT CREATED /
BY THIS PLAT 72.6., /
0
L L/1
EXISTING PUBLIC SANITARY SEWER EASEME4b __� _
(20.00')r (235.03') /
/j3.98'
(235.03')
PENNSYLVANIA AVE. (66' ROW)
WIO?
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0
N 0
0
0
0
(20.00')
ROW
ROW
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, p TERRY L.
J a KOELKER 0 EE
15487
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I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT
WAS PREPARED AND THE RELATED SURVEY WORK WAS
PERFORMED BY ME OR UNDER MY DIRECT PERSONAL
SUPERVISION AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
,.► �
//ii %4
TERRY L. OELKER (DATE)
LICENSE NUMBER: 15487
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2017
SHEETS COVERED BY THIS SEAL : THIS SHEET ONLY
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF.
2. OWNER & PROPRIETOR OF SAID LOT 1 OF LANGE ESTATES:
Dubuque Senior Housing IV, LLC
5201 E Terrace Dr. / Madison, WI 53718
3. SAID LOT 1 IS LOCATED IN THE SW1/4 OF SECTION 22, T89N, R2E, OF THE 5TH
DUBUQUE COUNTY, IOWA.
4. SURVEY REQUESTED BY: HORIZON DEVELOPMENT
5. THIS PLAT I5 SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
P.M.,
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Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Retum to: Kevin S. Firnstahl, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4121
RESOLUTION NO. 366-16
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, OVER
AND ACROSS PART OF LOT 1 OF LANGE ESTATE, IN THE CITY OF DUBUQUE,
IOWA
Whereas, Dubuque Senior Housing IV, LLC has executed a Permanent
Easement for Storm Sewer through, over and across Part of Lot 1 of Lange Estate in
the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Permanent Easement for Storm Sewer through,
over and across Part of Lot 1 of Lange Estate in the City of Dubuque, Dubuque County,
Iowa as shown on the Grant of Easement for Storm Sewer Utility, a copy of which is
attached hereto, from Dubuque Senior Housing IV, LLC.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk is hereby authorized to and directed to record this
resolution and easement with the Dubuque County Recorder.
Passed, approved and adopted this 7th day of November, 016.
Attest:
Kevin 'Firnstahl, C 'i City Clerk
Roy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of tfie 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. 366-16 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 8th day of November, 2016.
Key
S. Firnstahl
', City Clerk