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
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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
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.
.
.
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)
. >