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Tschiggfrie Commercial - Vacating of Utility Easements . . . 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. /i Passed, approved and adopted this r:;-./~ day of4z{:'~7{'{6A/ , 2000. rl \id{.... 'W, 1IJrJcf~ mP'aJX<<~)M).(;alX~~zatlX )M~ John H. Markham, Mayor Pro-Tern Attest" ____/ ,i ~. -r-?2, / I ) ,:c d~ -'/l"~// v;:?:;;.. y /f:~/ eanne F. Schneider, City Clerk -/1/A'7~a7 // ~40 . 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 day of CITY OF DUBUQUE, IOWA By: '51M. ~ ~, i1cuJe#i.AAu ~e M. Duggan Mayor o .-:r-~ ) ) '.~ ~ '/ Jeanne F. Schneider City Clerk . . N -1 y:<( ZUU 00n:::~ I--1Wo = <(m2 ~ ~<(ULL2~ ~ <(0016 r-> U5 -I-L{) l5 (])ZOW~ IWzf:o X2J<(Cl~ W(f).q-Cl;; <( :r: W(f)U I-(f) 01- -1 A ~ "- o v . COOL) >-- I '-' e;;: ~ o CS -a. a: '" '" .... 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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 . . . . :" ~T~ - . '- ~_: -~. ~ I. -'I~ .,I'O!,'lk.,.-', ~ ~.-~~. I ~'1~1 , ...., ....~~ - I "~\) .....~._;.;....~.,., , .~-,~, "~I iI -- . I~f TSCHIGGFRIE EXCAVATING ~ 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 c::> 0 c:> :0 ;q ~ CJ~ r11 -0 \0 r- C1 rv oK' ...J In ~ :-', ~ .J .. - -0 :.2:: < r.:: (f) ~ t3 co - 0 ~ 5 - .- - -' 0 & u:J . -, 'c ~ .~;.~ CITY OF DUBUQUE, IOWA MEMORANDUM . 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 II' ',.J \;1 "'" I ',._\ :.-. >' J\"! 18 C;.J:J:;\...j '.. 1''1. . G S : \ ~!d Z I J.:10 DO 03/\1:.i8-;d - J . . . J_. 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. .. . . . I. 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. 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(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. .A 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. -r-o /-/ j~' 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 N --.J :::,:::<( 0 0 ZUU N 000:::"" . I---.JW~ ~i ~ :: <(CD2 lJ W W <(Ul.J...215 ... :: <(00 ~ 0 :;; S? W .--> U5 ...J < -l-l!)Wi5 u Vl (l)ZOo:::~ IWZl.J...o X2<(0~ 0 W 0 W(f)-.t_:;; <( I W(f)U I-(f) 01- --.J w N 0:: w Z . IZ ?::?3 Ul>- r -ro >-N )... O. ~ -'U W Ul "- o g v . ,Ol ,Ol 1 <.OOl) ~ z w .3 Vl <", Woo t~ ~~ ~- ~ ,-,0 zz <=. Vl>- S~ >- z w :::; W Vl <", Woo ~I >-" ~~ ~ 00 Zz ~~ GS~ -' <( U 0:: W :::; :::; .q-8 >-w 0_ -'0:: u.. (;) (;) J: U Ul >- >- I ':2 0:: C1 o OS -a. "'" >- z W :::; W Vl <", Woo ~I >-" 2~ ~ 00 Zz <=. Vl>- -Vl Xz w_ \ \f\\ ~/ \\' .....- /' \'....._-- HJnOJ >- Z w :::; W Vl <", Woo ~I >-" ;!~ >-- ~ 00 Zz ~~ Xz w_ ....J <( U 0:: W :::; :::; 1O0 U >- Ow ....Jii': u.. (;) <..? J: U Ul >- ;,., lVI:l1l3......0:l 31Ilj~~ti~~ . I I I I B I ~ I ~~l ~~l I- ~ I fi~ I BSI c;j I (:) I W 01: ---l . I ~~I CJ50~ I ~~~ <,; I ~~L:i ~ [ ~~~~ I !;~::J:i. I ~.J mj'v'N3~ I I I I I I I I I I I I I I l- rt I ~ o I N I I I I I I I I :,; 90 ~7 8-i ~ ~ ~~ g.... <0'( c.. ;.;. .. CJ) if! ~~ 'i c 0::0::: NX 0 ~ 0 8~ ~ o ~........ ~ ... - Q ~......... f:, ;.j'i'Z~ ':;, =>~........> ~ ~ 0-:' 00::: '-' g ~ Z:::J ! ~ g ~ ~if! ii 5" , ~~S..... ~ ~ < ~ c _ . ~ ~ -i ~ E-(j;; ~ ;! ;; C5~r!._ i ~ :a~._: 3 >< z ll'l g i:tJ_ /" rL Ii! ."" tJ ~ W '" ~ .. . 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. . . " v , ~ ~b44<'/~~CA'W V<Jeanne F. Schneider City Clerk City of Dubuque, Iowa , ,or 7~ " , V \...",~ '< It' , '* ';;\;;~~~;f <;' ~..' " -, . ',. .. "11'I " : ~i!:if'" I,*':,'!. . . . . .. City Clerk's Office 50 West 13th Street Dubuque, Iowa 52001-4864 (319) 589-4120 (319) 589-0890 FAX THECITYOF L ~, DlwtJLE ~<k~ 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 ~----.. ; __ //1 ;;!4~~/;::;;;-~/~o~~/ V Jeanne F. Schneider City Clerk Service People Integrity Responsibility Innovation Teamwork