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Heeb Street Retaining Wall David F. Setter Stephen W. Scott Darin S. Harmont Dean J. Konrardy* Patricia M. Reisen-Ottavi. Brian W. Peters Cory R. Thein Phillip W. Parsons KINTZINGER LAW FIRM, P.L.C. An Iowa Professional Limited Company Established in 1897 ATIORNEYS AT LAW 100 W. 12th Street P.O. Box 703 Dubuque, Iowa 52004-0703 Telephone 563-588-0547 Facsimile 563-588-1981 Of Counsel Arnold J. Van Etten. E-mail deankonrard}@kinlzlaw.com · Also licensed in Illinois t Also licensed in Wisconsin Charles A. Kintzinger (1925-1999) June 9, 2005 Mike VanMilligan Dubuque City Hall Dubuque, IA 52001 Attorney Barry Lindahl 300 Main St, Suite 330 Dubuque, IA 52001 o <~.. , Mayor Terry Duggan Dubuque City Hall Dubuque, IA 52001 ) Dubuque City Engineer Dubuque City Hall Dubuque, IA 52001 . , ,.,._,1 , -.j Dubuque Street Maintenance 925 Kerper Blvd Dubuque, IA 52001 Re: Heeb Street Retaining Wall Gentlemen: Enclosed please find a copy of my letter to Mr. Lindahl dated October 19, 2004. My client informs me that no action has been taken and I have not received any response to my letter. Please review this matter and contact me. We look forward to hearing from you. Sincerely, KINTZINGER LAW FIRM, P.L.e. By: /~---~) ;;;;:-' t..._,,-~-f. ~~~"7- _--~ . -' -.--- -./--;;> Dean J. Konrardy ./ DJK:kk Enclosure David F. Setter SlCJlhcn W. Scott Darin S. Harmont Dean J. Konrardy* Patricia M. Reiscn-Ottavi. Brian W. Peters Cory R. Thein Melissa A Hancock KINTZINGER LAW FIRM, P.L.C. An Iowa Professional Limited Company Established in 1897 ATTORNEYS AT LAW 100 W. 12th Street P.O. Box 703 Dubuque. Iowa 52004-0703 Telephone 563-588-0547 Fac:simile 563-588-1981 Of Counsel Arnold J. Van Etten. ~ (Q) (25) '0 // ! ,r""-_._/ t t," .,/' E-mail deon.~w.com · Also liccosed in D1inois t Also Iiccosed in Wisconsin Charles A. IGntzingcr (1925-1999) October 19, 2004 Attorney Barry A. Lindahl 300 Main Street, Suite 330 Dubuque, IA 52001 Re: Heeb Street Retaining Wall Dear Barry: I represent Daniel Wolff, owner of the Meineke Muftler Shop located at the corner of Central Avenue and Kaufmann Avenue. The westerly boundary of Mr. Wolff s property includes a rock retaining wall which supports Heeb Street. Mr. W olffhas noticed that the top of the retaining wall has begun shifting to the east and estimates it may have shifted up to two feet from its previous position. A Grant of Easement was transferred to the City of Dubuque in 1969. Copy of that easement and the attached plat and diagram are enclosed for your reference. We want to make the City aware of this problem because of our concern with the potential damage to my client's properties, the properties of his customers and Heeb Street. I assume this matter will be referred to the City's Engineering Department. We would ask that the Engineering Department notify Mr. Wolff prior to making any repairs so he can make the appropriate arrangements with respect to the operation of his business. If you have any questions please do not hesitate to contact me. Sincerely, KINTZINGER LAW FIRM, P.L.e. By: Dean J. Konrardy DJK:kk Enclosure cc: Dan Wolff E:\Users\Kristy'lLETTERS\liodabl.becb.Ietta'. wpd ~- - 15. ,')"'> Book 199TL page 346 et seq., Certified Copy of RESOLUTION NO. 157-69, City Council, City of Dubuque, Iowa, Passed, adopted and approved June 23, 1969: WHEREAS, Pride Service Inc., has granted a perpetual easement to City of Dubuque,Iowa, in, over and across the following described real estate: The westerly portion of Beatrice Foods Place in the City of Dubuque, Iowa as delineated in red upon the attamed plat, marked Exhibit "A" and by reference made a part hereof. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec~ion 1. That the grant of perpetual easement by Pride Service Inc., an Iowa corporation, to the City of Dubuque, Iowa, in and to the real estate hereinabove described be and the same is hereby accepted. Certified June 25, 1969 by Leo F. Frommelt, Clerk of the City of Dubuque, Iowa (Seal) to be true and correct copy of the original . resolution No. 157-69 approved and adopted by the City Council of.the City of Dubuque~ Iowa, at a session held by said Council on the 23rd day of June, 19b9. GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that PRIDE SERVICE, INC., an Iowa Corporation, of Dubuque, Iowa for and in consideration of the sum of $1.00 and other good and valuable consideration, receipt whereof is herewith acknowledged by the Grantors from the CITY OF DUBUQUE, IOWA, does hereby grant, bargain, sell and convey unto the City of Dubuque, Iowa ani its assigns, a perpetual and assignabl~ easement and right-of-way in, on, over, across and unto the real estate hereinafter described for the purpose of entereing thereon to construct, maintain, repair and replace a retaining wall together with footings, and including all appurtenances thereto. Said real estate is described as follcws: The westerly portion of Beatrice Foods Place in the City of Dubuque, Iowa as delineated in red upon the attached plat, marked Exhibit "An and by reference made a part hereof. The aforesaid grant includes an assignable right of entry whereby the City of Dubuque, Iowa can grant to its contractors permission to enter upon the land hereinabove described for the purpose of performing the proposed work or any part of the proposed work within the period of this grant which assignable right of entry shall be without limitation whatsoever except that any exercise, or re-exercise of the right, be within the period of the grant. Pride Service,Inc. does hereby covenant with the City of Dubuque,Iowa, that it holds said premises by good and perfect title; that said premises are free from encumbrances and that the said Pride Service, Inc. l1as good right and lawful authority to sell and 'Convey the same and that the said Pride Service,Inc. does hereby covenant to warrant and defend the title to the said premises agaiat the lawful claims of all persons whomsoever. By virtue of this grant, the City of Dubuque, Iowa undertakes and agrees to pay for the installation, construction, maintenance, repair and replacement of said retaining wall as shown on the attached Exhibit "A". It is understood that the grmt of said easement to City of Dubuque, Iowa, and the agreement and undertaking of the City of Dubuque of the construciiln therewith does not constitute an admission of liability whatsoever by the City of Dubuque, Iowa,which is expressly disputed by the City of Dubuque, Iowa, rather, same is a compromise and settlement of disputed claim. Dated this 19th day of June, 1969 PRIDE SERVICE, INC. by Martin C.Westerfield-President by Esther H.Westerfield-Secretary (Corporate Seal) Corporate acknowledgment affixed June 19, 1969. I~ff~ '-'j ;._..u... ---------------- /~ t4J1i! /\ ~ e;;.: 7d~J '14l~fl 10. 'r---- ---~_.. . --------""'"' - - - - , ~ -....,........ . BXIIb1ir - A- Plat of ....b S't~'t Ret.la1D1 Vall R. o. " .t !. ~.c. .t' '. ... 1(al.l ;....t. HE~8 S1f(fET ~ '" ' 130' ~ . ., ... ~~ ----tt\ -e ...._ l' .., ). - tJ oJ ~ r~~ED ((.a.W UIIG OQ - ct rt " B..trice Food. Place in the Cl ty of Dubuq,ue, 10". .3 I .. ~ .... ..... ..... \ I (Il' .4. CBNTRAL AVIIIUE 70' _ .-0 tl :1 (J 1i ~ OJ :s Q \)' :) <'J: -Q ~ f:f J ~ u y L Scal. 1- . 50' Approved /81 M.W..terfleld ~N \L K.: ,_.~..... .:&.i.~ ........ - 11. -- - - -- _ _ 64'_ o . . S I ~ - I r .-------'" ~_. S'fOK& _A.t"tMO vALL ...~ , 6.. \ 2' 1.1 J 'fClP aQe .->;-2' - .. , ~ ~~2~~. =- it' b" 2.2'0" 111.1. artta -,c- '3"1''(P ,c.~\... ~ All. ftlrlS..tal ~ol.'t. _ a1tolUl. ... ee't ~ . ,_1. bt4 ~f ..rtar AJ,1 ..~loal ~ol1~t. .-A abil1.l. _ ,.,tit 1t.1.1... ..1. .._. .- 'PartlY "1- -~ 5 -r<jf iU'-\.- _______ ...Jt- u.t . 1IIIfl . _' \ " ---+\1' o~1 .t:::-?J' b'.l-')\ ~ so' \ 1.1-<)" . . . . . - ~~ 7\ ~ e e (2 II d.Gt eQJ:,h \$1CL~ _..--~ ..-.--- ---------- -- ~1' 0" ~2.