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Release of Easement with Dubuque Transfer and StorageRESOLUTION NO. 199-00 RESOLUTION ACCEPTING A RELEASE OF EASEMENT FOR CERTAIN PROPERTY ADJACENT TO THE NORTH END NEIGHBORHOOD BIKE/HIKE TRAIL FROM 22ND STREET TO 32ND STREET, IN THE CITY OF DUBUQUE, IOWA. Whereas. the City Council of the City of Dubuque, Iowa granted DUbuque Transfer and Storage an ingress/egress easement on July 27,1998, filed as Instrument No. 11737-98 in the Office of the Dubuque County Recorder; and Whereas, the addition as shown on the attached exhibit is no longer needed; and Whereas, Dubuque Transfer and Storage has executed a Release of 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, Dubuque County, Iowa, hereby approves of, accepts and consents to a Release of Easement to a certain property owner described as an 18-foot by 75-foot easement along the northeasterly boundary line of said Lot 49 and Lot 50 of Glendale Addition, as shown on the attached Exhibit. Section 2. That the Mayor be authorized and directed to execute and acknowledge on behalf of the City of Dubuque, the Release of Easement, and any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 15 day of May, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk . . . RELEASE OF EASEMENT WHEREAS, on July 27, 1998, an Ingress And Egress Easement between the City of Dubuque, Iowa and Dubuque Transfer & Storage, was filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 11737-98; and WHEREAS, by this instrument, the City of Dubuque granted to Dubuque Transfer & Storage an Ingress And Egress Easement along the northeasterly boundary line of Lot 49 and Lot 50 of Glendale Addition in the City of Dubuque, Iowa, as set forth on Exhibit A attached to the said easement; and WHEREAS, ingress and egress for operations of Dubuque Transfer & Storage is no longer needed over the 18-foot wide easement along the northeasterly boundary line of said Lot 49 and Lot 50 of Glendale Addition; NOW, THEREFORE, for valuable consideration, Dubuque Transfer & Storage, does hereby forever release, vacate, abandon, and discharge the 18-foot wide Ingress And Egress Easement along the northeasterly boundary line of Lot 49 and Lot 50 of Glendale Addition in the City of Dubuque, Iowa, as shown in blue on Exhibit A attached hereto; however, this Release in no way releases, vacates, abandons or discharges any other portion of the easement shown on Exhibit A of the Ingress And Egress Easement, filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 11737-98. Dated this 20th ,2000. April day of DUBUQUE TRANSFER & STORAGE By tr~ By: . . . All-PURPOSE ACKNOWLEDGMENT STATE OF T()WII , ) COUNTY OF DUBUQUE , } SS: On this 20th day of April , A.D. 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared PR~ri~k ~_ Tohin ~ to me personally known, OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s} on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. (NOTARY SEAL) I' -.;-..- ~ ~"-.../ O\~ (Sign in Ink) Lois Lex (Print/Type Name) Notary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL -lL CORPORATE OFFICER(S} Co-PresidentTITlE(S) LeiS LEX COMlotlSS'O'I ElCPtRES . I~ dloOI ;"'..!:..'... ~Ji!~ .0....- (CORP SEAL) AFFIXED -X... NO SEAL PROCURED PARTNER(S} LIMITED K GENERAL A HORNEY -IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): DuloutiAZ'-rV%sf~,,- ~ StoV'a.(f- PUBUC ACCESS EASEMENT FOR THE EXlENSlON OF UEBE STREET -#. ,;,. \ r:f. ~ , #;....~v. , ~....~ \ ~i-e;..j , ' .\ ). ~ '\ ,,' \ ./ , /' ' \,.. \ '(" . , \ . , , \ , , \ ' % , \ ".., , , '1> \ ' '% , \ ~ ' , % \ \ "~~--- 13-q.." '\ ~ ~ ". "'Y;. \ .\ , \-(' r:f. ~<- &-~. ",. ... " P' ....~~ ' . ,~,;(~.p /~<- , if' ,'r:f. , &-~ "/ ~~'3.~,~~,/, 'C"~'o'\ , $-' "/' ~ ~ e;,"" (':; 7~,( ~ ....~~ /' ~\) --\, 1- -1-...."', ~. -"""-. ~.t'" 0 <-~ ~.... ;<' ," ,J\., LOT 71 </o4{f ~ LOT ~9 '\ \.... ,,0 ~ '" ~ (<)"'r o .. <0;" 1> , ..:.-:; LOT 50 .A.'tJ.,J-(,. ~ '(0, "",.."" ~ \..9" ,~~ '( , ''{, <:) \' 0 ,/,,\: 't. ",,-' '\ ">".r ~ ". "1",<. EXHIBIT A . . " ,/' /,' " /' ~'J- 't"7'J-~ ~"7'<[<;l. ~%.~ q. /~ <;l.o-;j.~ ~...",'b. '<ocr-,~ "i~1> "..;'q. ... tNGRESS-EGRESS "" #ttf::fI11iffl. EASEMENT fI1J:fff11fffE EASEMENT RELEASE AREA = . ~ NORTH o I SCALE: ,. - 100' 100 200 I ,," ,../' /' ~ < ~ . .~ CITY OF DUBUQUE, IOWA MEMORANDUM May 9,2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Release of Easement with Dubuque Storage and Transfer Planning Services Manager Laura Carstens is recommending approval of a Release of Easement with Dubuque Storage and Transfer, which is adjacent to the North End Neighborhood Trail. . I concur with the recommendation and respectfully request Mayor and City Council approval. ;nJJ ~ ~Jl Michael C. Van Milligen MCVM/dd Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager \-/1 '':'....~t,nr'1''','''l v"." , .~, "---{I .\...j 88!LO S'''~:J 1;118 . L I :01 WV II A'JW GO O::J/\iJ8:it:l . . . CITY OF DUBUQUE, IOWA MEMORANDUM May 5, 2000 TO: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager~. FROM: SUBJECT: Release of Easement with Dubuque Transfer and Storage INTRODUCTION This memo transmits for City Council review and approval a Release of Easement with Dubuque Storage and Transfer, which is adjacent to the North End Neighborhood Trail. DISCUSSION The release of 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 provide a Release of Easement for Dubuque Transfer and Storage, located at 3040 Elm Street. The Release of Easement was requested by the business. This release of easement would vacate an 18-foot by 75-foot easement which the City had previously provided to them. This easement is located south of 30th Street as shown on the attached Exhibit. RECOMMENDATION I recommend that the City Council approve the release of easement that we have negotiated with Dubuque Transfer and Storage. The terms and conditions for this proposal are attached. ACTION STEP The requested action step is for the City Council to approve the Release of Easement for Dubuque Transfer and Storage adjacent to the North End Neighborhood Bike/Hike Trail. LC/mkr Attachments cc: Mike Koch, Public Works Director RESOLUTION NO. 199-00 RESOLUTION ACCEPTING A RELEASE OF EASEMENT FOR CERTAIN PROPERTY ADJACENT TO THE NORTH END NEIGHBORHOOD BIKE/HIKE TRAIL FROM 22ND STREET TO 32ND STREET, IN THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque, Iowa granted Dubuque Transfer and Storage an ingress/egress easement on July 27,1998, filed as Instrument No. 11737-98 in the Office of the Dubuque County Recorder; and Whereas, the addition as shown on the attached exhibit is no longer needed; and Whereas, Dubuque Transfer and Storage has executed a Release of 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, Dubuque County, Iowa, hereby approves of, accepts and consents to a Release of Easement to a certain property owner described as an 18-foot by 75-foot easement along the northeasterly boundary line of said Lot 49 and Lot 50 of Glendale Addition, as shown on the attached Exhibit. Section 2. That the Mayor be authorized and directed to execute and acknowledge on behalf of the City of Dubuque, the Release of Easement, and any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, DUbuque County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 15 day of May, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk . . . , RELEASE OF EASEMENT WHEREAS, on July 27, 1998, an Ingress And Egress Easement between the City of Dubuque, Iowa and Dubuque Transfer & Storage, was filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 11737-98; and WHEREAS, by this instrument, the City of Dubuque granted to Dubuque Transfer & Storage an Ingress And Egress Easement along the northeasterly boundary line of Lot 49 and Lot 50 of Glendale Addition in the City of Dubuque, Iowa, as set forth on Exhibit A attached to the said easement; and WHEREAS, ingress and egress for operations of Dubuque Transfer & Storage is no longer needed over the l8-foot wide easement along the northeasterly boundary line of said Lot 49 and Lot 50 of Glendale Addition; NOW, THEREFORE, for valuable consideration, Dubuque Transfer & Storage, does hereby forever release, vacate, abandon, and discharge the l8-foot wide Ingress And Egress Easement along the northeasterly boundary line of Lot 49 and Lot 50 of Glendale Addition in the City of Dubuque, Iowa, as shown in blue on Exhibit A attached hereto; however, this Release in no way releases, vacates, abandons or discharges any other portion of the easement shown on Exhibit A of the Ingress And Egress Easement, filed in the office of the Recorder of Dubuque County, Iowa, as ffisHUmenrNo. 11737-98. Dated this 20th ,2000. April day of ::B~~ STORAGE By: . . . . CERTIFICATE OF CITY CLERK STATE OF IOWA COUNTY OF DUBUQUE , > ..-~ I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 199-00 is a correct copy of the original Resolution No. 199-00 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 15th day of May, 2000. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa this 18th day of May, 2000. Jeanne F. Schneider City Clerk City of Dubuque, Iowa (SEAl) . >