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
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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 --~
("
.
.
.
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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
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CITY OF DUBUQUE, IOWA
MEMORANDUM
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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
.
.
.
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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
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Mic~ael C. Van Milligen
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Services Manager
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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
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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
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NE'LY LINE OF
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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.
, ~
" ,/ --~---, "
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Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa
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