Vacating Petition of Pine Street
SHUTTLEWORTH & INGERSOLL, P.L.C.
ATTORNEYS AT LAW
Established 1853
115 3RD STREET S.E., SUITE 500
P.O. BOX 2107
CEDAR RAPIDS, IOWA 52406-2107
JAMES C. NEMMERS
MICHAEL O. McDERMOTT
JOHN M. BICKEL
ROBERT D. HOUGHTON
RICHARD S. FRY
RICHARD C. GARBERSON
GARY J. STREIT
CARROLLJ.REASONER
STEVEN J. PACE
GLENN L. JOHNSON
THOMAS P. PEFFER
DENNIS J. McMENIMEN
KEVIN H. COLLINS
WILLIAM P. PROWELL
DIANE KUTZKO
MARK L. ZAIGER
DOUGLAS R. OELSCHLAEGER
WESLEY B. HUlSINGA
DEAN R. EINCK
LINDA M. KIRSCH
CONSTANCE M. AL T
WILLIAM S. HOCHSTETLER
KURT L. KRA TOVIL
BRIAN D. BERGSTROM
GILDA L. BOYER
DEAN D. CARRINGTON
NANCY J. PENNER
KEVIN J. CASTER
THERESA C. DAVIS
DAVID T. HAYES
SARAH J. GAYER
TELEPHONE: (319) 365-9461
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WEBSITE: shuttleworthlaw.com
V.c. SHUTTLEWORTH (1900-1965)
T.M. INGERSOLL (l902-1972)
May 5, 2000
Honorable Mayor and City Council of Dubuque
50 W. 13th St.
Dubuque, IA 52001
Re: Vacating the West 17 Feet of Pine Street
Dear Mayor and Council Members:
LAURIE L. DAWLEY
JENNIFER R. CLARK
DANA L. OXLEY
DOUGLAS J. STILWELL
REGISTERED PATENT LAWYERS
JAMES C. NEMMERS
GLENN 1.. JOHNSON
DOUGLAS J. STILWELL
COUNSEL
JOAN LIPSKY
LAURIE BERGREN
OF COUNSEL
THOMAS M. COLLINS
WILLIAM R. SHUlTLEWORTH
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We represent Sadler Power Train, Inc., an Iowa corporation with its principal
place of business in Cedar Rapids, Iowa. Recently, Sadler Power Train acquired the
following described parcel of Dubuque real estate:
Lot 190, Lot 191, Lot 191A, Lot 212, Lot 213, the East 35 feet of
Lot 214, the East 15 feet of Lot 215, and the East 15 feet of Lot
216, all in East Dubuque Addition, in the City of Dubuque,
Iowa, according to the recorded plat thereof, subject to
easements of record.
A sketch of the above-described real estate as well as the West 17 feet of Pine Street is
attached for your reference.
The above-described real estate is benefited by Ordinance No. 47-90, a copy of
which is attached hereto. This Ordinance was filed on February 10, 2000, in Book 1443,
Page 2000. This ordinance grants the owner of the above-described real estate the
revocable permit and authority to construct and maintain an eight-foot high chain link
fence along the North, South, and Easterly boundaries of the Westerly 17 feet of Pine
SHUTTLEWORTH & INGERSOLL, P.L.e.
Honorable Mayor and City Council of Dubuque
May 5, 2000
Page 2
Street between 14th and 15th Streets in Dubuque, Iowa, as well as grants the right of said
owner to use the land enclosed by said fence.
Pursuant to the Ordinance, Sadler Power Train uses the fenced-in area of Pine
Street to park customers' vehicles while awaiting service. Prior to Sadler Power Train's
purchase of the above-described real estate, the prior titleholder, Donald J. Herbst, sold
the West 20 feet of the East 35 feet of Lots 215 and 216 to the Department of Corrections as
well as granted to the Department of Corrections an easement for ingress and egress
across the East 15 feet of Lots 215 and 216. At the time of Sadler Power Train's purchase
of the above-described real estate, the entire Easterly 35 feet of Lots 215 and 216 were
fenced in and connected to the fence around the periphery of the West 17 feet of Pine
Street. The entire fenced -in area was used by Donald Herbst.
Shortly after Sadler Power Train purchased the above-described real estate from
Donald Herbst, the Department of Corrections asked Sadler to remove the fence on the
West 20 feet of the East 35 feet of Lots 215 and 216. The Department of Corrections is
using this real estate to expand its parking lot. Due to the easement in favor of the
Department of Corrections across the East 15 feet of Lots 215 and 216, Sadler is unable to
fence in that area.
Sadler Power Train is in need of additional property to park its customers' vehicles
while awaiting service and would like to purchase the West 17 feet of Pine Street from the
City of Dubuque. For these reasons, Sadler Power Train requests that the City of
Dubuque vacate the West 17 feet of Pine Street.
If you have any questions or need additional information, please do not hesitate to
contact me. Thank you for your attention to this matter.
Z~~
LLD:dc - Encl.
cc: John Sadler
-87-
Filed February 18Rll I~R& NO.
47-90
1{43-2,OOO
AN ORDINANCE AUTHORIZING Donald J. Herbst
TO CONSTRUCT An eiaht foot hiah chain link. fence alono the North.
South and Easterlv boundaries of the Westerly 17 feet
of Pine Street between 14th & 15th Streets in Dubuque.
Iowa.
HOW lHEREFORE, BE IT ORDAINEO BY lllE CITY COUHCIL OF lllE CITY OF OUBUQUE,
IOWA:
Section le That .Donald J. Herbst
as owners of the prl!nises known as 14th & flm Strpp.t<;;
DUDuque. Iowa, anQ legally QescMoed as Lots 1901 1Q1 2121 213 and the alley
d vidin s od lots and the Easterl 35 fleet or Lots 212 c:13 214. Zltl and
216 in East Dubuaue Addition. in the itv of Ou uaue. owa
be and they are hereoy granted the revocable permit and authority to con-
struct and maintain eicht foot hioh chain link. fence and land enclosed by
said fence
under the terms and conditions set forth in this Ordinancee
Section 2. That such construction shall be done in accordance with plans
heretofore subllllitted by permittees and approvetl by the City Manager. under
the supervision and direction of the City Manager. and 1n accordance with all
applicable state and federal laws and regulations. and the Ordinances of the
Ci ty of Dubuque.
Section 3. That the pennfssion herein granted is expressly conditioned
on pennittees' agreement to:
a) Assume any and all liability for damages to persons or prop-
erty which lIli.y result from the existence. location, instal-
lation. construction or maintenance of said eiC/ht foot hioh
chain link. fence and the land enclosed bv said fence
b) Pay on behalf of the City of Dubuque, all sums which the
City of Dubuque shall become obligated to pay by reason of
the l1abl1 i ty imposed upon the Ci ty of Dubuque for damages
.
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of any kind resulting fran the location, installation,
existence, construction or maintenance of said. pi~ht font hiah
chain link fence and the land enclosed by sald Te ce
sust.ained by any person or persons, caused by accldent or
otherwise to defend at its own expense and on behalf of said
City any claim against the City of Dubuque arising out of
the location, installation, existence, construction or
maintenance of said eight foot high chain link fence and the
land enclosed bv sald fence
and to pay reasonable attorney fees thererore; and
c) Indemn ify, defend and hold the City of Dubuque free and
harmless from any and all claims, loss, liability and ex-
pense for death and/or injuries to third persons or damages
to' property of thi rd persons, or for damage to any property
of the City of Dubuque which may occur as a resu1 t of or in
connection with the location, installation, construction,
-maintenance and repair of the facility, work or improvement
permitted herein.
Section 4. That the pennission herein granted is expressly conditioned
upon permi ttees' further agreement that should the ri ght and pri v11 ege herei n
granted be rescinded or revoked by the City Council, peMtl1ttees. or their
successors in interest, as owners of the abutting property, shall within ten
(10) days after receipt of written notice from the City Manager, so to do,
at their own expense, remove said eioht foot hiah fence
and in the event of their failure so to do, the City of Dubuque shall be
authorized to renove said eight foot high fence
at permittees' expense and dlspose or
the same, and the pennittee Shall have no claim against the City or its
agents for damages resulting from the removal of said eight foot high fence
Section 5. That pennittees convenant and agree that the revocable pennit
herein granted does not constitute an approval of the design, erection, loca-
tion, construction, repair or maintenance of said facility and said pennit-
tees hereby convenant and agree not to assert such claim or defense against
the City of Dubuque in the event of claim asserted for death, personal in-
juries and/or property damage against the permittees arising out of or in any
way connected with the location, installation, construction, design, repair
and maintenance of the facility herein permitted,
Sect10n 6. Thi 5 Ord; nance shall become effective and the rights here-
under accrue to Donald J. Herbst
when thi 5 Ordi nance has been adopted by the Ci ty Counci 1 and the terms and
(69)
Sect10n 7. That the City Cl erk. be and she is authorized and d1 rected to
file ll,t penaittees' IllXpense a copy of this Ordinance in the office of the
Reco~r in and. for Dubuque County. Iowa,
conditions' thereof accepted. by pennittees by acce~tance endol"'Sed on this
Ck'di nance.
Passed, approved and adopted tn'! 5 ~ day of
May
. 1990.
9~o/
ATTEST:
7t ()~
C1ty~"'
ACCEPTANCE OF ORO[NANCE NO. '17-'1.'
The undersigned having read and being flllllf11ar with the terms
and conditions of Ordinance No~ 77- 90 hereby, for them-
selves, their successors or assigns, as owners of the abutting
property t accept the Sem! and agree to be bound by the condi-
tions and agreements therein contained to be performed by
permittees.
Oated: 1'1/1 Y ;J;1 y.;. 9 D
BY:V?C~'t(/! ~
r .L_ ~J 1 Property CMner
ao~~'-tJ:T. Hb',\"dsr
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Owned by John Sadler and Nathan Sadler
City of Dubuque, Ordinance 47-90 to
fence and use land W 17' of Pine St.
Owned by Correctional Services
W 20' of E 35' of Lots 215 and 216
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