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Ingress/Egress Easement for Klauer Manufacturing Company . . . Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 RESOLUTION NO. 525-00 RESOLUTION DISPOSING OF INTEREST IN REAL PROPERTY BY GRANTING AN INGRESS/EGRESS EASEMENT TO KLAUER MANUFACTURING COMPANY 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 has negotiated an ingress and egress easement with Klauer Manufacturing 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 Duuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque is disposing of an interest of the City of Dubuque, Dubuque County, Iowa, in real property by granting an ingress and egress easement over and across part of the abandoned railroad right-Of-way from 26th Street to abutting Lots 281 and 282, in Glendale Addition, to Klauer Manufacturing Company, 2600 Washington Street. Section 2. That the City Clerk 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 6th day of November ,2000. Attest: ~ 'N. 1Y/oJzP.A/ru ~~pje:Ei)Ml< D~gf~~~a>fQl John H. Markham, Mayor Pro-Tern ~4~~-<W eanne F. Schneider, City Clerk F:\USERS\MEUNDA \ WP\COUNCIL\RES\KLAUEREA.RES . EASEMENT EXHIBIT A INGRESS AND EGRESS EASEMENT IN THE CITY OF DUBUQUE, IOWA o ~ ~ ~ 20 I w ,/ ,/ ~) 'J~' /\: NE'LY LINE \.,:>0) LOT 284 40 I SCALE: l' = 20' LOT 281 ~ ~ r: (',.t., ~ ~ ~%,-\ ~ 1,~~ ~ ~ ~('O <:::> ~~~ ~ ,i\ O~-Q '- "f:J ~ ~ OF LOT 281 ~i "\ ~"f:J' ~ ~ "Y. ~ ~ (J \i <t, ~ ~ ~ ~ \ / ~rt' ~ ~~ <:> \A, o~ ~~~ ~ ~ ' J Y ~ ~ " :,.>. U' 0 ~ ~ I(j)~~~ ~/ ~~ ~ (:) \>" I \ ~ '(' :A J{ \. ~U', ~ !~/" 7::, ~ , , ~ -10 //\ ,/ , / LOT 282 c..r --1 / / ,/ NE'LY LINE OF LOT 282 / / ~GRESS AND. EGRESS '\ '1,o~~ASEMENT 692 SQ. FT. \ \ ./' ,/ LOT 283 . . \ \ \ \ ~) 'J()' ,/ \:,/ '\~ o. J ~ \c:.; \ ~-l.. 1') O~/~ -<./ \.~'J' ':;(-.,\/ S'\. x.,~ '\ ~G ro\.'0 ~~ { ~\} d~ I"j; S ~~ ,/ ~ ~ ~Yv r:- ,-'" ,<il9' v (l,:u./ 1....,:>0 < ) ./' . / / PROPRIETOR: CITY OF DUBUQUE IOWA DATE: 29 SEPT 00 IIW ENGINEERS & SURVEYORS, poe. KLAUER MANUFACTURING EASEMENT EXHIBIT A 4155 PENNSYLVANIA AVE. DUBUQUE,IA 52002 (319)556-2464 FAX (319)556-7811 00770-EXH.A . Prepared by; Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-4270 INGRESS AND EGRESS EASEMENT The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa ("Grantor"), for good and valuable consideration, does hereby grant unto: Klauer Manufacturing Co. 2600 Washington Dubuque, IA 52001 an ingress and egress easement over and across part of the former railroad right-of-way from 26'h Street to abutting Lots 281 and 282 of Glendale Addition in the City of Dubuque, as shown on Exhibit A attached hereto (the "Easement Area"). Said easement shall be for the purpose of providing Klauer Manufacturing Co., for themselves, their agents, successors and assigns, access and vehicle maneuvering area to 26th Street from property legally described as Lots 281 and 282, Glendale Addition, all in the City of Dubuque, Iowa. Grantee shall not erect any structure over or within the Easement Area. Grantee shall be responsible for maintenance of the Easement Area. If Easement Area is paved, Grantee is responsible for hard surface paving and maintenance. 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 26th 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 Grantee. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This easement is given pursuant to the authority of Resolution No..:.);25-<Pof the City of Dubuque, adopted / / / C; , 2000; the terms and conditions thereof, if any, having been fulfilled. , Signed this 6th day of November ,2000. CI~F ~U~UQ~f.z:~ ~2t>nr~ml16til~ John H. Markham, Mayor Pro-Tem STATE OF IOWA ) )ss DUBUQUE COUNTY ) . John H. Markam On this ~ day of November , 1998, before me, the undersigned, a Notary Public in and for the state of Iowa, personally appeared 'f-emlnee-M-.-Bttggsn and Jeanne F. Schneider, to me personally known, who being by me duly sworn, did say that they are the Mayor and 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. ~ of the City Council on the 6th day of November ,2000; and X"el't:raMEl;MX!iilM!l!llmand John H. Jeanne F. Schneider acknowledged the execution of the instrume t to be their voluntary act and deed Markham and the voluntary act and deed of the corporation, by it volunta execut --~ (" . . . ~ ~ CITY OF DUBUQUE, IOWA MEMORANDUM November 2, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Easement with Klauer Manufacturing Company Planning Services Manager Laura Carstens is recommending approval of an access easement with Klauer Manufacturing across City-owned property adjacent to the North End Neighborhood Trail. I concur with the recommendation and respectfully request Mayor and City Council approval. ~U ~ j1t~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager Q C) c> 0<'- ~ =0 a .',~. q,':': -q '\ ) : ..~.) C:> , Tl (iJ :;;;'_l' - , -~.,. Ci __t... '- , rn j.:~ ".'-" co 0 0 CD W 'Jl . . . ~ CITY OF DUBUQUE, IOWA MEMORANDUM {6!.:>/ I ryw October 12, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Easement with Klauer Manufacturing Company Planning Services Manager Laura Carstens is recommending that a public hearing be set for November 6,2000 to consider an easement for Klauer Manufacturing Company. I concur with the recommendation and respectfully request Mayor and City Council approval. fYl~ 11 lfltL Mic"ael c. Van Milligen MCVM/ksf attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager . . . CITY OF DUBUQUE, IOWA MEMORANDUM October 9, 2000 TO: Michael C. Van Miligen, City Manager Laura Carstens, Planning Services Manager~ Easement with Klauer Manufacturing Company FROM: SUBJECT: This memo transmits for City Council review and approval, an ingress/egress easement with Klauer Manufacturing company across City-owned property adjacent to the North End Neighborhood Trail. The City would be providing Klauer Manufacturing Company, 2600 Washington, with an ingress/egress easement that will provide them access to their loading dock area. This type of easement has been granted along the trail for other businesses. The Engineering and Park Divisions have reviewed this proposal. 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 Klauer Manufacturing Company. The terms and conditions of this proposal are attached. The City Coundl is requested to approve the granting of the ingress/egress easement to Klauer Manufacturing Company and to set a public hearing on the disposal of the City's interest int he property through the adoption of the attached resolution. LC/mkr Enclosures cc: Mike Koch, Public Works Director GiI Spence, Leisure Services Manager . . . /~? .~ Prepared by: Laura Carstens. City Planner Address: CIty Hall. 50 W. 13th Str-.t Telephone: 589-4210 RESOLUTION NO. 510-00 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN REAL PROPERTY BY GRANnNG AN INGRESS/EGRESS EASEMENT TO KLAUER MANUFACTURING COMPANY 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 and egress easement with Klauer Manufacturing 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 COUNOL 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 and egress easement over and across part of the abandoned railroad right-of-way from 26th Street to abutting Lots 281 and 282, in Glendale Addition to Klauer Manufacturing Company, 2600 Washington Street. Section 2. That the City Clerk 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 16th day of October , 2000. Attest: eanne F. Schneider, City Clerk F:\USERS\MEUNDA\WP\COUNOl\RES\KLAUER.RES . . " CITY OF DUBUQUE, IOWA MEMORANDUM . October 12, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Easement with Klauer Manufacturing Company Planning Services Manager Laura Carstens is recommending that a public hearing be set for November 6, 2000 to consider an easement for Klauer Manufacturing Company. . I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/ksf attachment ~ . ~.. ., If... / ! / /\ l \ k ( C 7; fl-- Mic~ael C. Van Milligen cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager Q c)"~2- C CT o CJ c:> n --/ :0 iTl Cj en .- rT7 o ('0 -0 :z: ,-.. C J>:::::; ()" CD - ". . "::J VJ . . . '. . ... CITY OF DUBUQUE, IOWA MEMORANDUM October 9, 2000 TO: Michael C. Van Miligen, City Manager Laura Carstens, Planning Services Manager~ Easement with Klauer Manufacturing Company FROM: SUBJECT: This memo transmits for City Council review and approval, an ingress/egress easement with Klauer Manufacturing company across City-owned property adjacent to the North End Neighborhood Trail. The City would be providing Klauer Manufacturing Company, 2600 Washington, with an ingress/egress easement that will provide them access to their loading dock area. This type of easement has been granted along the trail for other businesses. The Engineering and Park Divisions have reviewed this proposal. 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 Klauer Manufacturing Company. The terms and conditions of this proposal are attached. The City Council is requested to approve the granting of the ingress/egress easement to Klauer Manufacturing Company and to set a public hearing on the disposal of the City's interest int he property through the adoption of the attached resolution. LC/mkr Enclosures cc: Mike Koch, Public Works Director GiI Spence, Leisure Services Manager '" ~ - = "Cl OJ) J~I ;oS~ Q ~ = ~ ......= N . - ~ - tJ = Q = .5t~Q = - lo. <Ii' ~ .s QJ = OJ) CIl 9- .:: ~ .~ ~Q-g~ tJ lo. = ~ .S ~ ~ ~ =c.== ~=C""Cl ~ = .; ~ .c '" Q ~ = = ..; U = Q .... . --e="Q] = "Cl~ ..... ..= ~ -.~ "Cl e = :c Q ~ = = ~ = Q C. "..=U lo. c. as ,~ = = - lo. C" ,:,c OJ) = lo. ~ .c ~ ~ = U ~ Q OJ) ..= ~ = - Q ="QC i:iE t u = ~ ~ := : .c = = c. .... =] ~ ~ = := lo. .c Q = e- c. Q = tJ Q = .... ~ ~ Q :; .... tJ = lo. = '0 00 00 z o - ~ U - ..::i =:l l5: ~ z, Z ~ o ~ - Ci ~ ~1 U U.'1 _ lJ.., ~ ~ :s: ~ > ~ ~ U ~ ~ r-; - . >- E-i Z ~;::J 00 _U ~ ~ O;::J ~g ~=:l ~;::J oo~ ci ~ Q .... ,.:; - = = Q U ~ :I ~ ~I Q= lo. N oS "Cl = = = .... tJ .... :c = =-- ..... lo. ~ Z = as e ~ "Q oS ~ ~ "Cl i~ .c '" = .... CIl ..s f I ffi i3 ;,..a: "1 - N ... 0...0 ::;xa a:WN 'Uj Z T"""- ~ j<-. 0 r ~ ':J) U) [( r ~~ (f) -< r::." --co::J . . ~ (r: i :''L'::2:m ~'i'- OW ;;a:oLL j,~;:; i.., .c: t."l. ".~\< ~',JtJ!,\~ ~,j,. '~~... "ON' c ~ "~~Jqfci~:i-g~ ~;ile.~f&~ oi-ill.~ .~ l ~~&~~tl l!~ ~~ ':t" ~Wi.5i8~'~'~'15itiH~.&~Jlth.~kt~:iliisl ~!II!i;;-~1B tit t~ ~~'~i~:~ft~Ji:i~jll&~llfl:JliI6 jlcd~i:!~'! f~I~O , !!j~ 8 !~I ~J~'~2 !i"2]~ fti ~ ~n- I'i~ lio.~lf' ClUt~~~~j ~lJ~e Qg.~~ otl'O~l.'!;fj~rse-uv-~i <:"011 O~:~"2oCl! ] oa: :...1) ~ ~~~g:ii~~thj~i~E':~: 8" 1!!1i :~i:t Jd!i~ ~ ~ o z~l~E~8o~i'~i5~O:O'5~~ .!~'mc iHi-~lo<qfl~~~:;~a; ~o.o-l!l ::: . ~ /__~ i l\~' .t.." '.~ I ~:,.._ ..1.--- -;"1' 1 ,._..~ . ~='~,; ttC'I~ - 9 h;'1~: 27 \oJ - -, "d-' '- '. - ~ _ _ <0-...... "'. , , I _ __.) Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-4270 l~044--GO INGRESS AND EGRESS EASEMENT The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa ("Grantor"), for good and valuable consideration, does hereby grant unto: Klauer Manufacturing Co. 2600 Washington Dubuque. IA 52001 an ingress and egress easement over and across part of the former railroad right-of-way from 26th Street to abutting Lots 281 and 282 of Glendale Addition in the City of Dubuque, as shown on Exhibit A attached hereto (the "Easement Area"). Said easement shall be for the purpose of providing Klauer Manufacturing Co., for themselves, their agents, successors and assigns, access and vehicle maneuvering area to 26th Street from property legally described as Lots 281 and 282, Glendale Addition, all in the City of Dubuque, Iowa. Grantee shall not erect any structure over or within the Easement Area. Grantee shall be responsible for maintenance of the Easement Area. If Easement Area is paved, Grantee is responsible for hard surface paving and maintenance. 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 26th 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 Grantee. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This easement is given pursuant to the authority of Resolution NO..:.);25-<Pof the City of Dubuque, adopted / / /c;. , 2000; the terms and conditions thereof. if any, having been fulfilled. . Signed this 6th day of November .2000. CI~F ~UBUQ~).Z:~ ~~Jal~mG16~lao( John H. Markham. Mayor Pro-Tem :) STATE OF IOWA ) )ss DUBUQUE COUNTY ) . John H. Markam On this 6th day of November , 1998. before me. the undersigned. a Notary Public in and for the state of Iowa. personally appeared 1'-emmee-M-i3trggan and Jeanne F. Schneider, to me personally known, who being by me duly sworn, did say that they are the Mayor and 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 contain~din Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resolution of tha C~~(.CQol'lcil'-I4nder Resolution No. ~ of the City Council on the 6th day of November ,799'!;'iJ'nd ltj~~~~.xlill!l!lmand John H. Jeanne F. Schneider acknowledged the execution of the instrume "to'be,! ir voluntar)l'act and deed r~arkham and the voluntary act and deed of the corporation. by it volunta ex~cu "" 'V,; : ~~.~'/{~( . EASEMENT EXHIBIT A INGRESS AND EGRESS EASEMENT IN THE CITY OF DUBUQUE, IOWA /' ,") /' be'') /" '-.'J . NE'LY LINE OF \.'Jo'J LOT 284 o , ~ ~ 20 I 40 I SCALE: 1. = 20' \ \ 'S") 'JO' /' \::/' ~ ~ r <",l., ~ -;p ~%,-\ ~ ~ ~'*' ~ '-" (<'./ <::) ~ 1.\0 ~~~ ~ <:> ~ "6 '1J ~ =:s:: ~~. ~ ~~~ =-a "Y- . ~ ~~"Y- <6 ~% <:> ~~ ~~~ ~ /\ U' 0 ~ \ :.A::;;(\ \ ~~ \ ~t ~ U'. -y ~ ~ ~ \ \ /' /' LOT 281 /~ LOT 281~! /\ <?: \/ / ~ \ / ,~Yi' <::)0/ .~ ~ I J ~ / I 10 ,(~ ';\ C>.A '\ J1 /\ ~o !! ~ .!' \ / / -10 'X / /\ LOT 282 v>. --i / I /' NE'L Y LINE OF LOT 282 / / ~GRESS AND EGRESS <1,,'/ EASEMEN T --\ 692 SQ. FT. ') /~~ '-.be'J~ 0'\/O~,\. ~~'\ /' ~G <o\.'0 ~~ { ~'v--\ O~ ~ S~:J /' L..--~ \~~ CO\."0 , ~9' \; 1,; /' I....~o LOT 283 . \ \ "\0': O. J /' o \?;; \ ( ) /' . / / PROPRIETOR: CITY OF DUBUQUE IOWA DATE: 29 SEPT 00 IIW ENGINEERS & SURVEYORS, p.e. KLAUER MANUFACTURING EASEMENT EXHIBIT A 4155 PENNSYL V ANlA AVE. DUBUQUE,lA '2002 (319)556-2464 FAX (319)5'6-7811 00770-EXH.A . Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 RESOLUTION NO. 525 -00 RESOLUTION DISPOSING OF INTEREST IN REAL PROPERTY BY GRANTING AN INGRESS/EGRESS EASEMENT TO KLAUER MANUFACTURING COMPANY 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 has negotiated an ingress and egress easement with Klauer Manufacturing 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 Duuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: . Section 1. That the City of Dubuque is disposing of an interest of the City of Dubuque, Dubuque County, Iowa, in real property by granting an ingress and egress easement over and across part of the abandoned railroad right-of-way from 26th Street to abutting Lots 281 and 282, in Glendale Addition, to Klauer Manufacturing Company, 2600 Washington Street. Section 2. That the City Clerk 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 6th day of November , 2000. Attest: ~ ~. 1flrL,kP~ :ret~~~4!m4X:O:~~~~~>Mavm John H. Markham, Mayor Pro-Tern d~~/;T~2<,-rW eanne F. Schneider, City Clerk . F:\USERS\MEUNDA \ WP\COUNOL \RES\KLAUEREA.RES . 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. 525-00 is a correct copy of the original Resolution No. 525-00 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 6th day of November, 2000. . In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 9th day of November, 2000. , ~ " ,/ --~---, " ",-. '/ '-: / ( /----ee.z44~ / C::::-)-~./--Z'c~~ d/ {;, Jeanne F. Schneider City Clerk City of Dubuque, Iowa f;' .' _ I -..... , -" (SEMLtJ r -. ~... :.; ~, I.. - ~ . . ~ '_ ,.. "/ () I ';:- I':" (\ '. I ,-:', \ J .