Clock Tower Easement Amendment
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RESOLUTION NO. 133 - 99
RESOLUTION DISPOSING OF CITY INTEREST IN A CLOCK TOWER
EASEMENT ON CITY LOT 54 IN THE CITY OF DUBUQUE, IOWA
Whereas, the Security Partners, L.P. has requested the vacating of a Clock
Tower easement on City Lot 54 in the City of Dubuque, Iowa; and
Whereas, the Town Clock has been removed from City Lot 54 and relocated;
and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this
Clock Tower easement is no longer required for public use and vacating and release
of said easement on City Lot 54 in the City of Dubuque, Dubuque County, Iowa,
should be approved.
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 and
vacate and release the Clock Tower easement on City Lot 54 in the City of Dubuque,
Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to dispose of said real estate to be published in the manner as
prescribed by law.
Passed, approved and adopted this
1999.
15th
March
Attest:
CJ1i\1iYJ:& }~
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\~~ ( JOHN E. RUllO'::, U'CU
I AN [)RE\V ). HUTtER, erell, UBS
TIMMe )()fjNSClN
RICIlAI-:[)V McKAY, U'CL,
SUSAN 11. HUrlER
SHPf!EN I. flONFIC, CPA
IEFFG BR(XK
JOSEPH t. BRO[)ERICK
J ST(I'H(N CHAPMAN
BRENT R. DRAPEAU
DEAN r r AIR, crcu
MARK K. FlTIJERRELlS
kUNAl[) J- FUHRMAN, CPA
SHElLEY l. HAV['N..;
HElENE M. HILL
ALLEN J- JAEGER, eEBS
TIMOTHY II<.:UNKEl
RO[j(RT M. LINDSAY, Cf'CU, eLU
MATTI fEW M. Me C( lY
lANE l. MUELLER
M[l( HW A MLHL[I{
R( lllERT A. 'JIZZI
(lTTAVI
Cl'CU
CHRISFlf'II[R [)
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COTTINGHAM & BUTLER, INC.
[Ynsuranee
ESTABLISHED 18B7
February 9, 1999
Mr. Michael Van Milligan
City Manager
City Manager's Office
City Hall, 13th & Central Avenue
Dubuque, IA 52001
Re: Lot 54 in the City of Dubuque, Request for Vacation of Easement
Dear Mr. Van Milligan:
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Security Partners, L.P. acquired Lot 54 in the City of Dubuque on JanuaI)' 29, 1999.
A file-stamped copy of the Deed is enclosed. This property is located on Main Street
immediately south of the American Trust & Savings Bank building and North of the
building previously occupied by the House of China.
In our review of the title records it was found that an easement was granted to the City
of Dubuque to erect a Town Clock on top of the building located on Lot 54. The
purpose of this letter is to request that the City take the necessaI)' action to vacate this
easement as soon possible. I am also enclosing for your information a copy of the
easement.
If you have any questions, please telephone. If I or the attorney for Security Partners,
Allan J. Carew, can be of assistance in expediting this matter, please so advise.
Sincerely,
COTTINGHAM & BUTLER, INC.
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John E. Butler
. JEB/jar
P.O. BOX 28 . DUBUQUE, IOWA 52004-0028
319-583-7301 . FACS 319-583-7339
E-Mail: cb@cb-sisco.com http://www.cb-sisco.com
~ =~ex International
Il\$urance Brokers With Over 90 Offices Worldwide
THE IOWA STATE BAR ASSOCIATION
OffIci.. Form No. 101 . . ISBA II
~(Q)[P1f
1841-99
99 JAN 29 PH 3: 2 ,
KATHy FLYNN THURLOW
COUNTY RECORDER
DUBUQUE co.. 10 \VA fEES fl,;. DO
200 Security Bldg. Dubuque, IA 556-4011
Slreel Addrna CHy Phone
SPACE ABOVE THIS LINE
FOR RECORDER
Preparer Allan J. Carew
InfOnNltlon
Indlvklu8r. Name
WARRANTY DEED
For the consideration of Ten ($10.00)
Dollar(s) and other valuable consideration,
Terence J. O'Neill and Judy M. O'Neill
husband and wife
do hereby Convey to
Security Partners, L.P.
the following described real estate In
DubuQue
County. Iowa:
Lot 54 in the City of Dubuque, Iowa, according to the United States
Commissioners' Map of the Town of Dubuque, Iowa (also sometimes
described as City Lot 54 in the City of Dubuque, Iowa, according
to the recorded plat thereof)
Grantors do Hereby Covenant with grantees, a,nd successors in interest, that grantors hold the real estate
by title in fee simple; that they have good and laWful authority to sell and convey the real estate; that the real
estate Is Free and Clear of all Liens and Encumbrances except as may be above stated; and grantors
Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be
above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributiv
share In and to the real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or
plural number, and as masculine or feminine gender. according to the context.
STATE OF MICHIGAN
Dated:
January 25
, 1999
ss:
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. GM. D. Woo 4 an4 the City o~ Dabuque.
Aan_d. >>tItel Sept. 16th, '18'2. J'lle4 J~ Sr4. 1881.
Where.. the -.14 Waoda are ~he ownera of lot lo.~' situate4 on
ba street in Dv.1nI.qua Iowa. on whioh lot the e.14 Yoob are
about to ereat a briok etore S etories high. and whereas. the
01t7 o~ Dabuque. ie 4eairous of .reotiDg a Cit7 Clook and ~
to haTe the same looated on Ha1n street in a.id City . the lot
10.C5~ beiDg the most nitable ~or sa14 aloak in point o~ looa-
tion aD! e'.~.11~ty. an4 whereas the eai4 Wo04e and the eai4
Oit7 throUSh it. offioere have mutual17 agreed upon the term.
u4 aontitioD cleaire4 1Q' ~ party in referenoe to the bull4-
;.
1J:I8 aD4. looat1Dg _1d oloak on ~he aa14 atore abou~ to 'be built
on aai4 lo~ N. am the ..1d Woode on their part. gran~ to aaid
City th. :r1pt to ereot a to....r au1table for Baid oloak. uP.
throU6h ad on laid Itore. am to hold, enj07 aD4 maintain said
tonr ana. oloak perpetually. and the 8aid Kqor and C01ll18ll
&Oti1lg for an4 in behalf of aa14 City. hereby mutual17 oOTenant
an4 agree with eai4 1004. their heirl and a.a1gns for and in
oonai4eration of the priTilege of ereoting la14 tonr for aai4
oloak. throqh an4 on the top of e&'14 .tore. to ereot it an4
bear all the a441tioD&l expense that ehall or JIl87 oaour in and
aboa the 'bu1141Dg b7 reason of ooDBtnoting 8&14 tower and the
said a44.itioul expense to be eatimated ~rom the ground founda-
tion to ~. top o~ the tower, ~aaordiDg to the plan anA speoif1-
aationa dra1m ~ Hr. Herr. the ,uohiteat at a.id store and to....r.
_ it beine 1lllderato04 that _14 tower begiq on the Cro11.D4. ·
.ADd the ..i4 Oit7 o~ Dabuque farther agreea to plaoe in a&14
tOftr a firn 01... oloak and bell and after the same ahall be 80
put in. to keep the 8Ule and the aaid tower in good oondition am :
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time eo 10218 a. the building in whioh it 18 plaoed shall stan4.~
Aaclthe ..14..i:1.7 B. and Geo.D..004. the1rhe1rs and &ssigns.
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he1'eb7 oOTonut a4 861'ee with .aid Oit7 of ~1nlque to 01'.ot
~a14 otOl'O to tho hlght of S atol'ies, but the ..id 01t7 10 to
onot and beal' the expense of and bulld the towel' aa name4 afOl'e- .
0&14, and iD aaDJlel' aforesaid, and the aai4 .oods, thell' heil's
and ..olgns are at all timea to allow the person or persons. who
haTe the oharge and manasement of said Clook the rlght of w&7 to
and trom the a.e for the purpoae of OTer seeiDg. winding and re-
pail'ing it, up through aaid store, wl thout hindrance, and the7
also further agree their heirs and assigns not to allow or permit
&D.7 unauthorised perlona to enter said tower or space used by lia1d
olook, and it 18 tIlrther agreed on the part of the said Woods, their
heirs and aSligns, that this agreement aha:U be OO~&cl.:-- to be
a OOTeDant, runniDg with the land and ahall exist as long as the
store shall stand and in oase aald store shall be destroyed or
pulled down and an other shall be built on aaid lot, then said
Oit7 shall haTe the priTilege if it shall so eleot, either by
its Mayor and Co~ll, or b7 a Tote of the people to aga1n re-
build a tower on aa1d n.w buildi:ag, and place and maintain a
olook and bell in the same.
~ in oue said to.er or olook shall be damaged b7 fire or other
element. the OU7 shall haTe the Jr1TUeso of goi:ag through and
upon 8aid bullding. without expense for the purpose of repairing
the same and iD aase the sald tower should fall or be destroyed
b7 aation of the elements and thereby oaus1n; ~ damage to the
building, the City ia not to be held liable in oase. she exercises
ordinar,r oare and 4iligenoe in keeping said tower, and it 18 agreed
that in all Taluations for aaBe~sments 'or C1ty purposes of said
bul1ding, the Talue of aa1d tower shall be deduoted from seid
b1l1141J:1g, and for all taxation of a~ kind ot said lot and building
lt the Talue ot ..id tower is not deduoted from the Taluation .
.a14 Clt1' agrees to pay the tax on sald tower. And the said l!:lI1ll;y
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PROPERTY MAP)
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B. .. Qeo .D.1'poc1. hereb7 OOTenant and agree' to 1c1.emn14 and ~aTI
harmle.8 the .aid Oi"7 from arq lien. enoumbranoe or mongage, ..
"hat mq exi.t aga1nat or on sa1d "lot 54., and 1 t ~s mUtuall7
..ree4 anc1 UDderstood 1ihat o~ 1ihe ealement and priTUege ,alaOY~ deB-:-
orib,d and Bet forth i8 granted to the Oit7 and that no par1i of
the fee of the 8011 upon wh~oh said tower or buUding shall stand,
shall pais to or be Tested in 1ihe sa1d Oit7 of Dubuque, b7 T1rtue .
of azq1ihing oon1i81ned in these presents.
In witnes8 whereof we haTe hereunto 8et our hands the c1.a7 la81i
abOTe written.
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llm1l7 B. Wood.
Geo. D. Wood.
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Sol. !UrQk, Ka1Or.
../ :Book 2S !.L. Page S56. ~
:aa117 B. Wood and George D. Wood, her hubaJld, .;to 'lUli_ Coate.,
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Maria Waller, .Alioe .. Robert., J'ranae. A.Ooate. &zaf. John ~..
Waller aD4 Jla17 J. SpeXl81e7 .
i'arrant7 Deed. Dated .lull' 81ih, J'11ed JuJ.7 81ih, 18'13.
Oo~ic1.eration tso,~OO.OO.
to WWi.. Ooate.. the und1Tided one, half (i) ~ aDd unto the Baid
Karia .aller, JJ.ioe :i.Roberts, J'ranoes A.Ooa1ies, Jl&r7 J.Spensley
and .JohnK..Waller, the other unc1.1T1ded one half (il of the follow-
ing c1e80r1bed premi.es, towit: Lot number 64. in the Oity of Dubuque
Count7 of Dubuque, and state of Iowa, as per off10ial plat of sa1d
Oit7, subjeot howeTer to a oertain oontrao1i with 1ihe Oity of Dubu-
que, dated aep1iember 161ih, A.D.le'12, and reoorc1e4 in Book number 23
of town Lots at; page number S4.5 of Dub1?-qu.e Oounty reoords.
S1gnec1. Geo.D.Wood.
/ Book 26 t.L. Page 4.".
William Coates and Jranaes A.Ooates ,his wife to Karia Waller, John
R..&ller, ~ranoe. A.Ooates. Alioe X.Roberts and!la17 J.Spensle7.
.....i-:- :.i. ~..
Warrant7 Deed. Da1ie4 Sept. ..th. 18'13.111ed x.;y 19th, 18'15.
Consideration $15250.00.
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at
a meeting to commence at 7:00 P.M. on April 5, 1999 in the Public Library Auditorium
for the purpose to consider vacating an easement for the erection of a Clock and Tower
on City Lot 54 in the City to Security Partners, L.P. (Copy of related documents are on
file in their entirety at the City Clerk's Office and may be viewed during normal working
hours).
Written comments regarding above vacation may be submitted to the City Clerk on or
before time of public hearing.
.
At said time and place of public hearing, all interested citizens will be given an
opportunity to be heard for or against said vacation.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TOO (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 15th day of March, 1999.
Mary A. Davis, CMC
City Clerk
1 t 3/26
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~AR-18-99 THU 11:38 AM
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TELEGRAPH HERALD
CITY OF DUaUQUE, IOWA
OFFICIAL NonCE
NOTICE is hereby given that
the Dubuque City Counoil will
conduct a pUblic hearing at a
meeting to commence at 7:00
P.M. on April 5, '999 in the
Public Lil:lrary A\.Idilorium for
the purpo~ 10 con:lidcr va-
c8tln9 Qn QSl:ement for lhe
erection of 11 Clocle and TowlIr
on City Lot 54 In the City 10
Security Partners. L.P. (Copy
of related documents are on
file in their lliitirllty at the City
Clerk's Offlel!l and may be
viewed during not'lTllll working
hours).
Wrilten comments regarding
above VDcl1tion may be sub-
mitted to the City Clerk on or
before time of public h~g.
Al said time lInd place of
public hearing, all interested
citizens will be !Jiven an op-
portunity to be heard for or
against sDld vacation.
Ally visual or !'Iearing Im-
paired persons needing spa-
Cial aSsistance or persons with
special accessibill!y' needs
should Contacllhe CIty Clerk's
Office at (319) 589-4120 or
TOD (319) 589-4'93 In the
Human Rights o.parttnenl at
lellst 48 hours prior to the
meetlng.
Published by order of the City
Council given on the 15th clay
of March, 1999.
Mary A. D<:Ivis CMG
Cily Chark
1 t 3/26
FAX NO. 3195885782
d:=" 30 tJ $3?
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CFrv OF DUBUQUE, IOWA
MEMORANDUM
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March 31, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Town Clock Easement
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Public Works Director Mike Koch is recommending approval of a request from
Security Partners, P.L., for the vacation of the 1872 easement that exists for the
Town Clock to be on their building. In fact, the Clock is not now on that building,
and there is no intent for it to be there.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mi~ael C. Van Milligen (.
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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