Giese Sheet Metal Easement
.
.
.
'.
Prepared by: Laura Carstens. City Planner Address: City Halt 50 W. 13"' St. DubuQue Telephone: 589-4210
RESOLUTION NO. 240-00
RESOLUTION TO DISPOSE OF INTEREST IN REAL PROPERTY BY GRANTING AN
INGRESS/EGRESS EASEMENT TO A CERTAIN PROPERTY OWNER ADJACENT TO THE
NORTH END NEIGHBORHOOD BIKE/HIKE TRAIL FROM 22ND STREET TO 32ND
STREET, IN THE CITY OF DUBUQUE, IOWA.
Whereas, pursuant to Resolution No~/~OO and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
Dubuque, Iowa on the /'1 day of /?'<f, 2000, the City Council of the City of Dubuque, Iowa met on
5Hdayof j,x"," , 2000, at 6:30 p.m. in the Public Ubrary Auditorium, 360 W. 11th Street, Dubuque,
Dubuque County, Iowa, to consider the proposal for the disposition of an interest in real property by
granting an ingress/egress easement described. as a 12.foot by 35-foot ingress/egress easement
over and across part of the abandoned railroad right-of-way from 28th Street to 29th Street between
Lots 131 and 136 in Glendale Addition No.2, as shown on the attached Exhibit.
Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral
and written, to the proposal to disp'pse of an interest of the City of Dubuque, Iowa, in the
hereinabove described real property by granting an ingress/egress easement for a certain property
adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street, all in the
City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of an interest of the City of Dubuque,
Dubuque County, Iowa, in real property by granting an ingress/egress easement to Giese Company
described as a 12-foot by 35-foot ingress/egress easement over and across part of the abandoned
railroad right-of-way from 28th Street to 29th Street between Lots 131 and 136, in Glendale Addition
NO.2 to Giese Company, 2820 Elm Street.
Section 2. That the Mayor be authorized and directed to execute the Ingress/Egress
Easement, and the City Clerk be and is hereby authorized and directed to deliver said Easement to
the property owner referenced above.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice to
be published and described under Section 364.7 of the Code of Iowa.
Passed, approved and adopted this 5th day of June ,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
.
.
Pre oared by: Ronald J Turner City of Dubuaue 50 W. 13th Street Dubuaue IA 52001 (319) 589-4270
INGRESS AND EGRESS AGREEMENT
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa ("Grantor"). for good
and valuable consideration, does hereby grant unto:
Giese Company
2820 Elm Street
Dubuque, IA 52001
an ingress and egress easement over and across part of the former railroad right-of-way from 28th
Street to 29th Street between Lot 131 and Lot 136 of Glendale Addition No.2 in the City of Dubuque,
as shown on Exhibit A attached hereto (the "Easement Area").
Said easement shall be for the purpose of providing Giese Company, for itself, its agents, successors
and assigns access and vehicle maneuvering area to 28th Street from property legally described as Lot
131, Lot 132, Lot 1 of 133 and Lot 2 of 133, of Glendale Addition No.2, all in the City of Dubuque,
Iowa.
Grantee shall not erect any structure over or within the Easement Area without the written consent
of the City of Dubuque. Grantee shall be responsible for construction and maintenance of the
Easement Area. Grantee is also responsible for maintenance of the hard surface paving. No storage
or parking will be allowed in the Easement Area. Storage or parking will be required to be on private
property.
Easement is expressly subject to the rights of Grantor and the public to use the said former railroad
right-of-way for bicycle and pedestrian travel.
The City of Dubuque, Iowa, shall at all times have free access to the Easement Area for maintenance,
repair, reconstruction, and installation of existing or new utilities within or adjacent to the Easement
Area. The City of Dubuque will restore the disturbed area due to said installation or repair of said
utilities to the condition prior to said disturbance. The City of Dubuque shall not erect any structure
that prohibits the use of the Easement Area as intended by this document.
It is understood and agreed upon that the intent of this easement is to provide the Grantee with access
to 28th Street and that the City of Dubuque will not allow a third party to encroach on the Easement
Area so as to restrict said access without the written consent of the City of Dubuque.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
Succt:lssors and assigns.
.
This easement is given pursuant to the authority of Resolution No. 240-00 of the City of Dubuque,
adopted ,l"np S , 2000, the terms and conditions thereof, if any, having being fulfilled.
Signed this
5th day of
June
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
STATE OF IOWA
.
)
ss)
COUNTY OF DUBUQUE)
On this s-IJ,- day of S U. Y\ e. ,A.D. 2000, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F, Schneider, to me
personally known, who being by me duly sworn, did say that they are the Mayor and the 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 said corporation, by the authority of its City Council, as
contained in Ordinance No. 2.5 of the City of Dubuque Code of Ordinances, passed by Resolution of
the City Council under Resolution No.;,ll/D-08f the City Council on the 5-!{.. day of .::rl.~ ,
2000; and Terrance M, Duggan and Jeanne F. Schneider acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by
it voluntarily executed.
By: ~7l{/L lit tluv'DJ tn4-.J
Notary Public In and For Said State
.
.
PREPARED BY; IIW ENGlNEERS & SURVEYORS P.C. 4155 PENNSYLVANIA A\IE. DUBUOUE. IOWA, (J19) 556-246"
/
V""
~.
.
.0
.~
~
~"'<.. "
?~~"
.
EXHIBIT A
/\ ~~ \~. ~
" \ %\ \ " \\
~ 1'9,.0 ~"(o-'... "( \
" \ l' ~ P-:\
/' ~ .Q. ",\\ "'0.0 ':
-, :ffi~ft, / >~., \
" ~,. 'l> ~ \ U' /\
" ~~ j \ ~<'Q \ "
./ (0-, ~-^~ \ "
./ -y ; 1:6~ '8/~~: <: /
<> \1..'1 \")> ~~+4~ r't1. ',,' !hI' i' ~ \ ~\--Q. \
....0 ~ ,'5 1::.J II '."
/ ...0"" I'o~,&. r ~-{J.
./ ~~...<.:. Ii' .........c;..r_
(0 ~'(>... II \ ~,'~
-^ /' <: I,\'t"
"<.r 0-, r(/j(
o ?" " '" ~.~ j 1\ <<'-
1-./ (0, ,111\. ""J.
./, IVi-~~':'" -..y
"'t- / ~to'\' 4..~
, ').v
q <.r ~
U' ~. ",t-?
.
o
.~
~
(0
/'
<.r
l7
'"
r,
,,~
A
NORTH
o
,
40
BO
,
SCALE
FEET
IN
"
.../
RECORD DIMENSION
RIGHT Of WAY
R.o.w.
.
\
\
/
/
\
\y"
"
\
\
"
'\
\
\
~
"
\
\
"
II V' ENGINEERS AND
'II SURVEYORS P.c.
10,"0, Illinois. Wis-=onsin
4155Pe""s)lVCInioAve
Dubuque,lA 52002
(J19)556-2464
Gutlenl;lerg,IA
Colcno,lL
Haul C<een. WI
DRAWN
CHECKED
DAlE
,^'
.^'
,3-15-00
PLAl NO. 2]-1"'-00
PROJ NO. 00719
SHEET' 01 I
.
.
.
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13"' St.. Dubuaue Telephane: 589-4210
RESOLUTION NO. 218-00
RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN REAL PROPERTY BY
GRANTING AN INGRESS/EGRESS EASEMENT TO A CERTAIN PROPERTY
OWNER ADJACENT TO THE NORTH END NEIGHBORHOOD BIKE/HIKE TRAIL
FROM 22ND STREET TO 32ND STREET, IN THE CITY OF DUBUQUE, IOWA.
Whereas, the City of Dubuque, Iowa has negotiated an ingress/egress easement with
Giese Company adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street
to 32nd Street, along the abandoned railroad right-of-way owned by the City of Dubuque,
Iowa, all in the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Duuque intends to dispose of an interest of the City of
Dubuque, Dubuque County, Iowa, in real property by granting a 12-foot by 35-foot
ingress/egress easement over and across part of the abandoned railroad right-of-way from
28th Street to 29th Street between Lots 131 & 136, in Glendale Addition NO.2 to Giese
Company, 2820 Elm Street.
Section 2. That the City Clerk Mayor be and is hereby authorized and directed to
cause notice to be published as prescribed under Section 364.7 of the Code of Iowa.
Passed, approved and adopted this 15thdayof Kay
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:IUSERSIMELlNDAIWPICOUNCILIRESIGIESECO.RES
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 9, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Easement with Giese Company
Planning Services Manager Laura Carstens is recommending that a public hearing be
set for June 5, 2000 to consider Qn ingress/egress easement to Giese Company
across City-owned property adjacent to the North End Neighborhood Trail.
. I concur with the recommendation and respectfully request Mayor and City Council
approval.
fl1~Jk/4,L
MIchael C. Van Milligen
MCVM/dd
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Services Manager
\..11,;,,:-,:",(',[[("1
v '-'< .-" , ,~l
8::J\PO S,. AHO
.
1'1-1 . I . I"l no
L I :01 i"~ i ^ jt"J
03/\I3J::\:::I
.
.
.
CITY OF DUBUQUE1 IOWA
MEMORANDUM
May 5, 2000
TO:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
FROM:
SUBJECT:
Easement with Giese Company
INTRODUCTION
This memo transmits for City Council review and approval, an additional ingress/egress
easement with Giese Company across City-owned property adjacent to the North End
Neighborhood Trail.
DISCUSSION
The easement is associated with the North End Neighborhood Bike/Hike Trail from 22nd
Street to 32nd Street. The property in question is owned by the City.
The City would be providing Giese Company, 2820 Elm Street, a 12-foot by 35-foot
ingress/egress easement that will provide them access to their loading dock area. This
easement is in addition to an existing 15-foot by 100-foot ingress/egress easement which
the City previously provided to the company.
RECOMMENDATION
The location requested for the ingress/egress easement does not restrict the use of the
North End Neighborhood Trail. I recommend that the City Council approve the
ingress/egress easement that we have negotiated with Giese Company. The terms and
conditions of this proposal are attached.
ACTION STEP
The City Council is requested to approve the granting of the ingress/egress easement to
Giese Company and to set a public hearing on the disposal of the City's interest in the
property through the adoption of the enclosed resolution.
LC/mkr
Attachments
cc: Mike Koch, Public Works Director
"" " .... "" "
.. 0 " ~
" "" p -= 0
~ E .fa -
"" = :E
0 " " , "
~ :I: 0 " ~
u Q,
-= 0
'" -
.. Q, oS "
. oS " " ~ .;
.. C' -=
OIl .~
"" " " "
.. E!! ..c en
" " ~ 0 ill
0 0 u wo:~
i:l =
Z " " a.,iic
OIl -= .... "" " <~!il.
0 = ~ 0 " g' ~~
.... == .... ... -= D.z::
~ 0 '" .00:
= ~ .5 ..c,..) ~cnw
.. U " n
U " ~ i:l' f-UlC!l
" -= " ~~2j
.... " Q
'" " .. M
...l := :3 :3 oS <""
= ..c ..,8~
;;;, " .:: ~ ""
00 Q, " = >-
==- "
'" ... c "" :3 "
" .::
0 0 -= ~ ... ~~
~ .- ..
~ '" '"
Z " := ~ '" .5
.. .l:l := ""... !!
0 .. ..c " ~ 0
.... 0 " '" " Z ..o~ .
~ E' Q, ... ""
Cl 0 = ..c OIl t'
u -' '" .:: t = ~ ~
s:: w " ~ ~ .~ "
u. ~ " ~
.... 0 :; .s Or
!;2 :E - ;; - z,...
= ~ ~ oS "
'" >- " .;:; .s " Q oS
U :::;; -= M ::
;.. <.l -; .... ~
Eo< :::;; = .. 0 = t ....
z i5 - " .l:l 0 0
~ ;;;, '" = .5 .. oS ...
" " "
0 = OIl '" Q, ~ ""
0 u .:: .... "" "
.... ~ 0 Q, s~
... '" " a '"
;;;, '" .. ~ ""-
0 .= " " " ,,""
'" 0- " Q, " = ..c
;;;, ~ " C' "" .;::
~ Q,
= '" .s .; '"
'"
Eo< ;;;, 0 ~ " '" ..c '"
Q " " :E:
. '" - u = i:l .::
'" ~
;:
.
.
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 30,2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Easement with Giese Company
Planning Services Manager Laura Carstens is recommending an additional
ingress/egress easement with Giese Company across City-owned property adjacent
to the North End Neighborhood Trail.
.
The City would be providing Giese Company, 2820 Elm Street, a 12-foot by 35-
foot ingress/egress easement that will provide them access to their loading dock
area. This easement is in addition to an existing 1 5-foot by 100-foot
ingress/egress easement which the City previously provided to the company.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/lk(!kV'JAL
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Services Manager
Mike Koch, Public Works Director
/,r. r~ \[--'."r'......,'.-,
\/1;;;1, I"~ i .--\1 "'-!
8:)\,!0' ,"'C iliO
.
J I ,,~~ Oel
~Z:ll I:. -r::liU
03/\j3~i3d
'. .
CITY OF DUBUQUE, IOWA
.
MEMORANDUM
May 30, 2000
TO:
FROM:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
SUBJECT:
Easement with Giese Company
INTRODUCTION
This memo transmits for City Council review and approval, an additional ingress/egress
easement with Giese Company across City-owned property adjacent to the North End
Neighborhood Trail.
.
DISCUSSION
The easement is associated with the North End Neighborhood Bike/Hike Trail from 22nd
Street to 32nd Street. The property in question is owned by the City.
The City would be providing Giese Company, 2820 Elm Street, a 12-foot by 35-foot
ingress/egress easement that will provide them access to their loading dock area. This
easement is in addition to an existing 15-foot by 100-foot ingress/egress easement which
the City previously provided to the company.
RECOMMENDATION
The location requested for the ingress/egress easement does not restrict the use of the
North End Neighborhood Trail. I recommend that the City Council approve the
ingress/egress easement that we have negotiated with Giese Company. The terms and
conditions of this proposal are attached.
ACTION STEP
The City Council is requested to approve the granting of the ingress/egress easement to
Giese Company and to approve the disposal of the City's interest in the property through
the adoption of the enclosed resolution.
LC/mkr
Attachments
. cc: Mike Koch, Public Works Director