Tschiggfrie Commercial - Vacating of Utility Easements
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RESOLUTION NO. 526-00
RESOLUTION DISPOSING OF INTEREST AND VACATE UTILITY EASEMENTS
OVER LOTS 4 AND 5 OF BLOCK 2 OF TSCHIGGFRIE COMMERCIAL IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City
of Dubuque, Iowa on 20th day of October ,2000, the City Council of the City
of Dubuque, Iowa met on the 6th day of November , 2000, at 6:30 p.m.
in the Public Library Auditorium, 11th and Locust, City of Dubuque, Dubuque, County, Iowa
to consider the proposal for the release of real estate described as:
Ten- and 20-foot wide utility easements on Lots 4 and 5 of Block 2 of Tschiggfrie
Commercial in the City of Dubuque, Iowa, as shown on the attached Exhibit A.
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to dispose of interest of the City of Dubuque,
Iowa, in the hereinabove described real estate.
NOWTHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest of the City of Dubuque, Dubuque
County, Iowa, in real property described as 10- and 20-foot wide utility easements on Lots
4 and 5 of Block 2 of Tschiggfrie Commercial in the City of Dubuque, Iowa be and the
same is hereby approved for the cost of publication and filing fees.
Section 2. That the Mayor be authorized and directed to execute a Release of
Easement, and the City Clerk be and is hereby authorized and directed to deliver said
Release to Tschiggfrie Excavating Company upon receipt of the above fees.
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 Dubuque County Auditor.
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Passed, approved and adopted this r:;-./~ day of4z{:'~7{'{6A/ , 2000.
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John H. Markham, Mayor Pro-Tern
Attest"
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eanne F. Schneider, City Clerk
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RELEASE OF EASEMENT
WHEREAS. the plat of Tschiggfrie Commercial in the City of Dubuque, Iowa, was
filed in the office of the Recorder of Dubuque County. Iowa as Instrument No. 1907-89; and
WHEREAS, by said plat. the proprietors dedicated to the public utility easement
along the property lines of Lots 4 and 5 of Block 2 of Tschiggfrie Commercial in the City of
Dubuque, Iowa, which utility easement is set forth and appears on said plat; and
WHEREAS. by the actual location of all utility services and the other easements
shown on said plat the easement along the property lines of said Lots 4 and 5 of Block 2
of Tschiggfrie Commercial as shown on attached Exhibit A is no longer required;
.
NOW, THEREFORE, for valuable consideration, the undersigned. City of Dubuque,
Iowa, does hereby forever release. vacate, abandon and discharge the utility easements
along the property lines of Lots 4 and 5 of Block 2 of Tschiggfrie Commercial in the City of
Dubuque, Iowa. as shown upon the plat of Tschiggfrie Commercial in the City of Dubuque,
Iowa, and filed as Instrument No. 1907-89 in the office of the Recorder of Dubuque County,
Iowa; however. this Release in no way releases. vacates. abandons or discharges any
other easement shown on the plat of Tschiggfrie Commercial in the City of Dubuque, Iowa,
filed in the officer of the Recorder of Dubuque ounty, Iowa, as Instrument No. 1907-89.
////.,,~A/' . 2000.
Dated this b ~v
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CITY OF DUBUQUE, IOWA
By: '51M. ~ ~, i1cuJe#i.AAu
~e M. Duggan
Mayor
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Jeanne F. Schneider
City Clerk
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RESOLUTION NO. 512-00
RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE
UTILITY EASEMENTS OVER LOTS 4 AND 5 OF BLOCK 2 OF TSCHIGGFRIE
COMMERCIAL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the Tschiggfrie Excavating Company is the current owner of Lots 4 and
5 of Block 2 of Tschiggfrie Commercial; and
Whereas, utility easements are currently platted on each of said lots; and
Whereas, Tschiggfrie Excavating Company has petitioned to vacate a portion of the
easements in said lots.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in and
vacate utility easements over Lots 4 and 5 of Block 2 of Tschiggfrie Commercial in the City
of Dubuque, as shown on the attached Exhibit A.
.
Section 2. That the City Clerk be and is hereby authorized and directed to cause
a notice of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999
or amended.
Passed, approved and adopted this
Attest:
eanne F. Schneider, City Clerk
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TSCHIGGFRIE EXCAVATING
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425 JULIEN DUBUQUE DRIVE
PHONE 319 557-7450 FAX 319-557-7585
DUBUQUE. IOWA 52001
September 27,2000
Honorable Mayor & City Council Members
City of Dubuque
50 W 13th Street
Dubuque, Iowa 52001
RefTschiggfrie Commercial Easements
Honorable Mayor & City Council Members
Tschiggfrie Excavating Co is requesting the vacating of public utility easements on the
Tschiggfrie Commercial property behind Menards Lumber. We are requesting this because of
the change and the replating of these lots. The existing easements will not work with new lot
layout.
Your immediate attention is appreciated on this request.
~IY
Edward Tschi
President
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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: Vacating Petition - Utility Easements
Public Works Director Mike Koch is recommending that a public hearing be set for November
6, 2000 to consider a request from Ed Tschiggflre for the vacating of utility easements on
Lots 4 and 5 of Block 2 of T schiggfrie Commercial.
.
I concur with the recommendation and respectfully request Mayor and City Council approval.
MCVM/ksf
attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
October 3, 2000
TO:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director l7/l r( nk
FROM:
SUBJECT:
Vacating Petition - Utility Easements
INTRODUCTION
This is in response to a request from Ed Tschiggfrie for the vacating of utility
easements on Lots 4 and 5 of Block 2 of Tschiggfrie Commercial in the City of
Dubuque, Iowa.
DISCUSSION
The attached Exhibit A shows the area of proposed utility easements to be vacated.
The properties are owned by Tschiggfrie Excavating Company.
Tschiggfrie Excavating Company is the owner of Lots 4 and 5 of Block 2 of Tschiggfrie
Commercial in the City of Dubuque, Iowa. In order to subdivide these lots, Tschiggfrie
Excavating Company is proposing to vacate the existing 10- and 20-foot wide utility
easements. This will allow for subdividing the area into smaller lots. Tschiggfrie
Excavating has obtained the written consent of People's Natural Gas, AT&T
Broadband, Owest, and Interstate Power Company.
RECOMMENDA TION
The City does not have a need for the subject utility easements, and I would
recommend approval of the request to vacate the easements as shown on the attached
Exhibit A. I would further recommend that the vacating of the easements be set for
public hearing on November 6, 2000.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be scheduled on the disposal of the property through adoption of the enclosed
resolutions.
MAK/vjd
Prepared by Ron Turner, P.L.S.
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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: Vacating Petition - Utility Easements
In response to a request from Ed Tschiggfrie, Public Works Director Mike Koch is
recommending vacating the utility easements on Lots 4 and 5 of Block 2 of Tschiggfrie
Commercial.
I concur with the recommendation and respectfully request Mayor and City Council approval.
IfVtJJ k (YlL
Michael C. Van Milligen
MCVM!jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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Preoared bv: Ron Turner. Citv of DubuQue. 50 West 13th. DubuQue. IA. (319) 589-4270 *;</.DD
RESOLUTION NO. ~ - 00 f(
RESOLUTION DISPOSING OF INTEREST AND VACATE UTILITY EASEMENTS
OVER LOTS 4 AND 5 OF BLOCK 2 OF TSCHIGGFRIE COMMERCIAL IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing I
published in the Telegraph Herald, a newspaper of general circulation published in the City
of Dubuque, Iowa on 20th day of October I 2000, the City Council of the City
of Dubuque, Iowa met on the 6th day of November , 2000, at 6:30 p.m.
in the Public Library Auditorium, 11th and Locust, City of Dubuque, Dubuque, County, Iowa
to consider the proposal for the release of real estate described as:
Ten- and 20-foot wide utility easements on Lots 4 and 5 of Block 2 of Tschiggfrie
Commercial in the City of Dubuque, Iowa, as shown on the attached Exhibit A.
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to dispose of interest of the City of Dubuque,
Iowa, in the hereinabove described real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest of the City of Dubuque, Dubuque
County, Iowa, in real property described as 10- and 20-foot wide utility easements on Lots
4 and 5 of Block 2 of Tschiggfrie Commercial in the City of Dubuque, Iowa be and the
same is hereby approved for the cost of publication and filing fees.
Section 2. That the Mayor be authorized and directed to execute a Release of
Easement, and the City Clerk be and is hereby authorized and directed to deliver said
Release to Tschiggfrie Excavating Company upon receipt of the above fees.
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 Dubuque County Auditor.
"
Passed, approved and adopted this c;./~ day Of~~/ , 2000.
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dJ{~ '1], 1I/a;jc~
m~~}M):n~~tt~~
John H. Markham, Mayor Pro-Tern
Attest"
~FZ~~//i2J
eanne F. Schneider, City Clerk
.
.
.
RELEASE OF EASEMENT
WHEREAS, the plat of Tschiggfrie Commercial in the City of Dubuque, Iowa, was
filed in the office of the Recorder of Dubuque County, Iowa as Instrument No. 1907-89; and
WHEREAS, by said plat, the proprietors dedicated to the public utility easement
along the property lines of Lots 4 and 5 of Block 2 of Tschiggfrie Commercial in the City of
Dubuque, Iowa, which utility easement is set forth and appears on said plat; and
WHEREAS, by the actual location of all utility services and the other easements
shown on said plat the easement along the property lines of said Lots 4 and 5 of Block 2
of Tschiggfrie Commercial as shown on attached Exhibit A is no longer required;
NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque,
Iowa, does hereby forever release, vacate, abandon and discharge the utility easements
along the property lines of Lots 4 and 5 of Block 2 of Tschiggfrie Commercial in the City of
Dubuque, Iowa, as shown upon the plat of Tschiggfrie Commercial in the City of Dubuque,
Iowa, and filed as Instrument No. 1907-89 in the office ofthe Recorder of Dubuque County,
Iowa; however, this Release in no way releases, vacates, abandons or discharges any
other easement shown on the plat of Tschiggfrie Commercial in the City of Dubuque, Iowa,
filed in the officer of the Recorder of Dubuque younty, Iowa, as Instrument No. 1907-89.
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Dated this b day of ,/{!!'///':OUJ:J-CA-/ , 2000.
CITY OF DUBUQUE, IOWA
By: ,~~~, 'l1l~
~~~~;o:~~~~ John H. Markham
Mayor Pro- T em
Jeanne F. Schneider
City Clerk
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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. 526-00 is a correct copy of the original
Resolution No. 526-00 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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~b44<'/~~CA'W
V<Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa
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City Clerk's Office
50 West 13th Street
Dubuque, Iowa 52001-4864
(319) 589-4120
(319) 589-0890 FAX
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December 7, 2000
Ed Tschiggfrie
Tschiggfrie Excavating Company
425 Julien Dubuque Drive
Dubuque IA 52003
Dear Ed:
The following charges were incurred for the purchase and vacating of utility
easements over Lots 4 and 5 of Block 2 of Tschiggfrie Commercial in the City of
Dubuque, Iowa:
Publication Fees
$11.92
Recording Fees
21.00
Total Amount Due
$32.92
I have enclosed a copy of your Check # 1 8243 in the above amount, along with
the original Release of Easement and Certified Resolution #526-00.
If you have any questions, please contact me at 589-41 21 .
Sincerely, J
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V Jeanne F. Schneider
City Clerk
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