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
. ,
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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:
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Dean J. Konrardy ./
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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
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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.
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