Amoco Oil Company PlattingRESOLUTION NO. 145-00
RESOLUTION APPROVING AGREEMENT & PARTIAL RELEASE WITH
THE AMOCO OIL COMPANY RELATING TO THE PLATTING OF SEIPPEL
ROAD IN SECTION 31, T89N, R2E, 5TH P.M., DUBUQUE COUNTY, IOWA
Whereas, Amoco Oil Company constructed a pipeline across property legally
described as the SW 1/4 and Lot 1 of the SW 1/4 of the SE 1/4 all in Section 31, T89N,
R2E, 5th P.M., Dubuque County, Iowa; and
Whereas, a Right-Of-Way Conveyance was granted to Standard Oil Company, its
successors and assigns, covering the aforementioned legal description and recorded in
Book L36, Page 63 on July 26, 1946, in the Office of the Dubuque County Recorder; and
Whereas, Amoco Oil Company is willing to describe and limit its right-of-way to a
defined strip across said real estate, now owned by the City of Dubuque; and is willing to
release the remainder of said real estate from the terms and provisions of said right-of-way
contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1: That Agreement & Partial Release File 4000-776 consisting of an
agreement providing for a partial release of a right-of-way contract for pipeline construction
be approved.
Section 2. That the Mayor be authorized and directed to execute two copies of
this agreement providing for partial release and forward the executed copies to Amoco Oil
Company for their approval.
Passed, approved and adopted this ~ day of
April ,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by Mary A. Reh, BP Amoco, Room 705B, 28100 Torch Parkway, Warrenville, IL 60555
File 4000-776
AGREEMENT AND PARTIAL RELEASE
Dubuque County, Iowa
THIS INDENTURE, made and entered into between the THE CITY OF DUBUQUE.
hereinafter called "Owner," whose address is .J. 13~! Sf. D/AbLl4U-e. rA 5200,/
and AMOCO OIL COMPANY, a Maryland corporation, whose address is 281 0 Torch Parkway,
Warrenville, Illinois 60555-3938, hereinafter called "Amoco."
WITNESSETH:
WHEREAS, by mesne document of record, Amoco is present owner and holder of the
rights, title, and interest in the right-of-way contract set out as follows:
Right of Way Conveyance dated June 5, 1946, executed by Willis A. Blades, a
bachelor, as Grantor, unto Standard Oil Company (an Indiana Corporation) its
successors and assigns, as Grantee, covering the Southwest Quarter of the
Southeast Quarter (SW/4 SE/4) and all of the Southwest Quarter (SW/4) of
Section 31, Township 89 North, Range 2 East, Dubuque County, Iowa, said
contract was filed for record on July 26, 1946, in Book L36, Page 63, in said
County.
WHEREAS, Owner has subsequently acquired title to a tract of land, being all or part of
the same land covered by the right-of-way contract hereinabove set forth, and being further
described in Exhibit A, attached hereto and made a part hereof, and Amoco is agreeable to
limiting its right-of-way to a defined strip across said acquired tract.
WHEREAS, Amoco is willing to describe and limit its right-of-way to a defined strip across
Owner's acquired tract of land and to release the remainder of said acquired tract from the terms
and provisions of said right-of-way contract under the conditions herein provided and mutually
agreed upon by Amoco and Owner.
1
NOW, THEREFORE, in consideration of the covenants herein contained and mutual
benefits to be derived therefrom, Amoco does release, surrender, and terminate all of its right,
title, and interest in and to Owner's acquired tract of land, which Amoco acquired by the contract
first hereinabove set out, SAVE AND EXCEPT a right-of-way strip on and across owner's tract of
land, said defined strip being further described in Exhibit B, attached hereto and made a part
hereof.
FURTHER SAVING AND EXCEPTING to Amoco, its successors, and assigns, the right of
ingress and egress across Owner's land adjacent to said defined 50-foot right-of-way strip for the
purpose of exercising any and all of the rights which Amoco has under the right-of-way contract
hereinabove first set out, all of which rights are specifically reserved with regard to said right-of-
way strip.
Owner, their, heirs, successors, grantees, and assigns, shall have the right to use and
enjoy the surface of the defined right-of-way reserved across Owner's land, provided such use
and enjoyment shall be conducted in a manner that will not unreasonably interfere with the use of
said right-of-way strip by Amoco, its successors, grantees, and assigns, for the purposes as set
forth in the original right-of-way contract first hereinabove described; and provided further that
Owner, their heirs, successors, grantees, and assigns, shall not erect or construct, nor permit the
erection or construction of any buildings, walls, fences, engineering works, or any other type of
structure or structures on, over, under, through, or across said right-of-way strip. Owner further
agrees that it shall not remove any of the existing "cover" which presently exists over the existing
pipelines, nor shall Owner add any more than three feet (3') of "cover" to that which presently
exists over the existing pipeline. It is mutually agreed, however, that Owner may construct
necessary fences, utility lines, and service lines (but no other improvements of any nature),
across, but not along, said defined strip, provided that not less than ten (10) days' advance written
notice of the contemplated construction is given to Amoco at its office at 28100 Torch Parkway,
Suite 800, Warrenville, Illinois 60555-3938.
Amoco, its successors, grantees, and assigns, shall not be held liable to Owner, their
heirs, successors, grantees, and assigns, for any damage caused to any of the permitted facilities
constructed across or along the strip in exercising the rights granted Amoco in the original right-of-
way easement, and if in the judgment of Amoco, the construction of such permitted facilities
requires that the pipeline or pipelines located on said strip be altered, lowered, encased, or
otherwise protected, the entire cost of such protective measures shall be bome fully by Owner,
their heirs, successors, grantees, and assigns. Owner further agrees that Amoco shall have the
right to maintain the right of way clear of trees and underbrush so as to continue the efficient
operation and aerial patrol of the pipeline.
The terms, conditions, and provisions hereof shall extend to and be binding upon the
parties hereto, their heirs, successors, grantees, and assigns, but in no event shall this document
be binding upon Amoco Oil Company until such time as it is executed and attested to by Amoco
management.
2
All right, title and interest of every kind and nature is fully reserved by Amoco under the
right-of-way Agreement first hereinabove described, except as to the tract of land of Owner
specifically described in this Agreement and Partial Release; it being understood that this
Agreement and Partial Release shall not affect any other land covered by said right-of-way
contract.
EXECUTED this 17th April day of ,2000
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
AMOCO OIL COMPANY
By:
STATE OF IOWA
Lawrence B, Peck
Vice President
w.~
DUBUQUE COUNTY
)
) ss
)
On this 17th day of Apri 1 , 2000, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Terrance M. Duggan, Mayor, and Jeanne F. Schneider,
City Clerk, to me personally known, who, being duly sworn, did say that Terrance M. Duggan is Mayor
and Jeanne F. Schneider is City Clerk of the City of Dubuque, Iowa, that said instrument was signed
on behalf of said City of Dubuque, Iowa, by the authority of the City Council of said City, and said
Terrance M. Duggan, Mayor, and Jeanne F. Schneid City Clerk, acknowledged the execution of said
instrument to be the voluntary act and deed of sa' ityof , ow, olunt rilyexecuted.
i ess My Hand and Notarial Seal on the Date Above
Witten Notary Public in and for the State of Iowa
This Document Prepared By:
Mary A. Reh, Room 705B
BP Amoco
28100 Torch Parkway
Warrenville, IL 60555
3
THE STATE OF
COUNTY OF
On this
, 2000, before me personally appeared
e to be the person described in and who
free act and deed.
acknowledged that
,2000.
THE STATE OF ILLINOIS
COUNTY OF WILL
Before me, a Notary Public in and for said County and State, on this day personally
appeared Lawrence B, Peck, known to me to be Vice President of Amoco Oil Company, a
corporation of the State of Maryland, and acknowledged to me that he executed said instrument
for the purposes and consideration therein expressed, and as the act of said corporation,
Given under my hand and seal of office this - day of
,2000,
Notary Public
My Commission Expires:
EXHIBIT A
PROPERTY DESCRIPTION
The Southwest Quarter (SW 1/4), the Northwest Quarter
(NW 1/4) of the Southeast Quarter (SE 1/4) and Lot One
(1) of the Southwest Quarter (SW 1/4) of the Southeast
Quarter (SE 1/4), iJll of the Section Thirty-one (31),
Township Eighty-nine North (89N), RiJnge Two (2) EiJst of
the Fifth P.M., in Dubuque County, IowiJ, iJccording to
Government survey thereof iJnd subject to highways and
easements of record.
.
The Southwest quiJrtcr of the NortheiJst quiJrter, Lot 1 of
Lot 1 of the Northwest quiJrter of the NortheiJst quiJrter,
Lot 1 of the East 10 iJcres of the NortheiJst quarter of
the Northwest quiJrter, and Lot 1 of Lot 1 of the
Southeast quarter of the Northwest quarter of Section 30,
Township 89 North, RiJnge 2 EiJst of the 5th P.M., in
Dubuque County, Iowû, iJccording to Government Survey and
the respective recorded pIiJts thereof. Subject to
highways and eiJsements of record.
The West 30 acres of the North EiJst 1/4 of the North West
1/4; Lot 2 of Lot 1 of the South EiJst 1/4 of the North
West 1/4; iJnd Lot 2 of the South West 1/4 of the North
West 1/4, iJII in Section 30, Township 89 North, RiJnge 2
East of 5th P.M., contiJining GO iJcres of liJnd according
to Government survey and the recorded plats of said
severiJI subdivisions together with iJll improvements
situated thereon lociJted in Dubuque County, Iowa, iJnd
subject to easements of record.
PROPERTY TAX IDENTIFICATION NUMBERS:
10-31-300-001
1 0-31-300-002
10-31-300-003
1 0-31-300-004
10-31-400-001
1 0-31-400-003
.
5
EXHIBIT B
PIPEUNE EASEMENT DESCRIPTION
A fifty (50)-foot wide easement centered twenty-five (25) feet on either side of the
following described centerline:
Commencing at a point of reference at the southwest corner of Section 31, T89N,
R2E, 5th Principal Meridian, Dubuque County, Iowa;
Thence No034'34"E 1321.7 feet along the westerly line of the southwest quarter of
said Section 31 to the point of beginning of the centerline of said easement (this is an
assumed bearing for this description only);
Thence S65°23'23"E 214.0 feet along the centerline of an existing pipeline;
Thence S6r38' 1 O"E 2933.1 feet continuing along said centerline;
Thence S66° 15'06"E 46.8 feet continuing along said centerline;
Thence S61°23'05"E 259.9 feet continuing along said centerline to a point of
intersection with the southerly line of the southeast quarter of said Section 31, said
point being the terminus of said 50-foot wide easement.
6
, BP Amoco
Amoco Pipeline Company
28100 Torch Parkway, Suite 800
Warrenville, IL 60555-3938
March 31, 2000
The City of Dubuque
ATTN: Ronald J. Turner
50 West 13th Street
Dubuque, IA 52001
RE:
Agreement and Partial Release of Right of Way
Our File# 4000-776
Dear Mr. Turner,
Enclosed please find duplicate Agreement and Partial Release documents. Please have the
agreements signed and notarized.
Please return both original documents to my attention. I will then have the documents
executed on behalf of Amoco Oil Company, One original will be returned to your office, and
the other will be recorded in the Dubuque County Records Office. A copy of the recorded
original will be provided as soon as it is available, about four to six weeks.
Should you have any questions regarding this matter, please call me at (630) 836-5191.
Sincerely,
Mary A. Reh
Right-of-Way Department
Enclosures
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 13, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Amoco Partial Release
Public Works Director Mike Koch is recommending approval of an agreement and
partial release with Amoco Oil Company related to the construction of the Seippel
Road construction and their easement for a pipeline.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
VI 'cr:/Ylqno
8:)1;;0 :::,>ji"j'J /1j0
.
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03/\i.::JJ3CJ
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 10, 2000
TO:
FROM:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director 'Îf.I j;ct
Agreement & Partial Release
SUBJECT:
INTRODUCTION
The enclosed agreement provides for the partial release of a right-of-way contract for
pipeline construction on property owned by the City of Dubuque adjacent to the recently-
constructed Seippel Road between Cousins Road and Cottingham Road.
DISCUSSION
A right-of-way conveyance was established in 1946 across the SW 1/4 and Lot 1 of the
SW 1/4 of the SE 1/4 of Section 31, T89N, R2E, 5th P.M., Dubuque County, Iowa, for
the construction and maintenance of a Standard Oil Company pipeline. This property was
recently purchased by the City of Dubuque for industrial park expansion. In 1999 Seippel
Road as constructed through the property from Highway 20 to Old Highway Road.
The City is having a plat prepared to plat off Seippel Road in order to establish its location
for county mapping purposes. This platting process uncovered the fact that Amoco Oil
Company (Standard Oil Company's successors) had an easement over almost the entire
parcel. In our discussions with Amoco Oil Company, they have agreed to limit the right-
of-way to a 50-foot wide strip along the existing pipeline as currently constructed. The
pipeline has been field located and a description provided to them.
Amoco Oil Company has prepared the attached agreement and partial release based on
the current location of the pipeline.
RECOMMENDATION
I would recommend that the City Council enter into the Agreement & Partial Release with
Amoco Oil Company and recommend adoption of the enclosed resolution.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing the Mayor to
execute two copies of Agreement & Partial Release File 4000- 77 6 providing for the partial
release of right-of-way contract across the SW 1/4 and Lot 1 of the SW 1/4 of the SE 1/4
of Section 31, T89N, R2E, 5th P.M., Dubuque County, Iowa.
MAK/vjd
Prepared by Ronald J. Turner, P.LS.