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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 . '12: I ¡~d [¡ ~dìf 00 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.