Stonehill Sidewalk Agreement
BARRY A. LINDAHL,
CORPORATION COUNS
OF DUBUQUE
MEMO
TO:
Michael C. Van Milligen
City Manager
DATE:
November 22, 2004
RE:
Stonehill Community Association Sidewalk Removal
Mike:
At the City Council meeting on October 2, 2004, the City Council tabled the request of
Stonehill Community Association to remove the sidewalk on its property on Windsor
Avenue. The City Council directed the Legal Department and the Engineering
Department representatives to meet with Harold Conzett, President of Stonehill
Community Association to work out an agreement which permits Stonehill to remove the
sidewalk but requires Stonehill to replace the sidewalk if and when there is development
of abutting property.
Enclosed is the agreement which has been approved by Stonehill Community
Association and by the Engineering and Legal Departments.
Enclosure
cc:
Gus Psihoyos, Acting Public Works Director
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
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AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
STONEHILL COMMUNITY ASSOCIATION
This Agreement dated this 6th day of December, 2004 for reference
purposes is made and entered into by and between the City of Dubuque, Iowa (City)
and Stonehill Community Association (Stonehill).
Whereas Stonehill is the owner of property which abuts Windsor Avenue shown
on Exhibit A, attached hereto and incorporated herein by reference; and
Whereas there is now located on Stonehill's property a public sidewalk which is
in disrepair and which Stonehill has requested permission to remove rather than repair;
and
Whereas, Windsor Avenue is a stub street; ano.
Whereas the City Council believes it is not contrary to the public interest to allow
the sidewalk to be removed, subject to the terms and conditions set forth herein.
NOW THEREFORE, it is agreed by and between the parties as follows:
1. Stonehill is hereby granted permission to remove the public sidewalk on the
westerly side of Windsor Avenue shown on Exhibit A.
2. In consideration for permission to remove the sidewalk, Stonehill agrees to
reinstall the sidewalk according to City specifications not less than 180 days after
the development of the property that abuts the easterly boundary of Stonehill's
property if such development requires a sidewalk according to City policy. Such
180-day period shall commence at such time as there is public sidewalk installed
on the abutting property which would connect with the Stonehill sidewalk shown
on Exhibit A.
ATTEST:
CITY OF DUBUQUE, IOWA
By:
Terrance M. Duggan,
Mayor
Attest:
/s/ Jeanne F. Schneider, City Clerk
By: /s/ Harold A. Conzett, President
STONE HILL COMMUNITY ASSOCIATION
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