Canfield Hotel Temp EasementCITY OF DUBUQUE, IOWA
MEMORANDUM
May 2, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Temporary Easement on Canfield Hotel Site and Intent to Dispose of Real
Estate
Parking System Supervisor Cindy Steinhauser is recommending that a public hearing
be set for May 21, 2001, to consider disposition of City-owned property adjacent to the
Canfield Hotel.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Parking System Supervisor
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 24, 2001
To: Mike Van Milligen, City Manager
From: Cindy Steinhauser, Parking System Supervisor
Re: Temporary easement on Canfield Hotel site and intent to dispose ofreal estate.
Introduction
The purpose of this memorandum is to provide information on the use of the Canfield
Hotel Parking Lot to access United Rental and to recommend that the City enter into an
agreement with Bob Klauer for the purposes of providing such access.
Discussion
For the past several months I have been meeting with Bob Klauer to discuss the use of his
parking lot at the Canfield Hotel to provide access to the United Rental site. This site is
currently owned by the City of Dubuque and is leased by the City to United Rental An
alternative access to this site is necessai'y since the current access on Iowa Street is part of
the construction area for the new parking ramp. A temporary easement is necessary to
allow a portion of the Canfield Hotel parking lot to be used for ingress/egress. The
attached Agreement outlines the conditions of the temporary easement. They are as
follows:
The City will have the 19' 6" easement area surveyed and Mr. Klauer will give
the City a temporary easement to this area until May 31, 2002 or upon completion
of the new parking ramp, whichever date is earlier;
The City will restripe the parking stalls on the remaining portion of the lot and
install curb stops at each parking stall based upon the diagram provided by P.S.
Vedi and reviewed by Mr. Klauer;
The City will be responsible for reconfiguring the chain link fence to allow an
entrance/exit to United Rental off of 4th Street;
The City agrees, upon expiration of the easement, to remove the damaged portion
of the parking lot, curb, gutter, driveway and sidewalk and replace those areas
with new concrete to match existing concrete according to City standards and
specifications. The City agrees to monitor vibrations during the demolition of the
damaged lot in order to prevent damage to the adjacent hotel;
The City agrees to sell to Mr. Klauer an area approximately 25' x 160' directly
south of the Canfield Hotel for $50,000 for the purposes of constructing a storage
facility. Construction on the aforementioned site will he subject to review and
approval by the Historic Preservation Commission. Closing of this sale will be
after termination of the City's lease with United Rental or upon completion of the
new parking ramp. The City also agrees to grant a ten day right of first refusal for
a period of five years to Klauer for the sale of the remaining portion of the United
Rental site.
The appraisal by Tom Kane established a land value for this property of $8.98 per sq. ft.
The sale of 25' of the United Rental property will not adversely affect the future use of
this site. The attached site plan prepared by P.S. Vedi indicates that restriping the
remaining site will result in 27 parking spaces.
Zoning
This site is currently zoned C-4 and is eligible for a variety of uses. This zoning is also
eligible for a 25% parking credit, thereby reducing the number of parking spaces needed
to meet zoning requirements. The following are three typical uses in a C-4 district and
the respective parking requirements:
6,100 sq. ft. General Office
16 parking spaces required before C-4 25% credit is applied
12 parking spaces required after credit is applied
Indoor restaurant/Bar/Tavern
80 seats, 5 employees
25 parking spaces required before C-4 25% credit is applied
19 parking spaces required after credit is applied
4,000 sq. ft. General Retail
16 parking spaces required before C-4 25% credit is applied
12 parking spaces required after credit is applied
For each of these uses, the parking requirements would be met with surface parking on
the site.
Recommendation
I recommend that the City enter into an agreement with Bob Klauer for the sale of a
portion of the United Rental site according to the terms of the Agreement in exchange for
the granting by Klauer of a temporary easement to the City.
Action
The requested action is for City Council to adopt the attached resolution of intent to
dispose of property and to set a public hearing for May 21, 2001 for such disposition.
Cci
Barry Lindahl, Corporation Counsel
Pauline Joyce, Administrative Services Manager
AGREEMENT
This Agreement is made and entered into this day of
between the City of Dubuque (City) and Robert D. Klauer (Klauer).
, 2001, by and
WHEREAS, City is the owner of the following real estate (City Property):
The West 68 feet 3 inches-North 11 feet 4 inches of Lot 1, the South 39.5 feet of
Lot 1, and Lot 2, of City Lot 524, the balance of Lots 1 and 2 of City Lot525 and
the western balance of City Lots 526 and 527, all in the City of Dubuque, Iowa
AND WHEREAS, Klauer is the owner of the following real estate (Klauer
Property);
Part of Lot 1 in CanfieM Place
AND WHEREAS, City desires an easement for public ingress and egress to the
City Property over and across the Klauer Property, which Klauer is willing to grant to
City upon the terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. Klauer hereby grants to City across the Klaner Property a temporary easement
for public ingress and egress to and fi:om the City Property, as shown on Exlnq0it A,
attached hereto (Easement Area), until May 31, 2002 or upon completion of City's
parking ramp, whichever date is earlier. City may request a six month extension of this
easement on or before May 31, 2002 if necessary. City shall have the Easement Area
surveyed and such survey shall become a part of this Agreement.
2. City shall restripe the parking stalls on Klauer's parking lot and install 10 curb
stops based upon the diagram provided by P.S. Vedi, Exhibit B, attached hereto.
3. City sbadl reeonfigure the chain link fence to allow an entrance/exit to United
Rental offof 4th Street. The chain link fence shall be removed by City upon completion
of the sale of a portion of the City Property to Klauer.
4. City shall, upon expiration of the easement, remove the damaged portion of the
parking lot (minimum of 30' from the west side of the site), and the curb, gutter, curb cut,
driveway and sidewalk along Iowa Street and 4m Street to the east side of the parking lot
and replace those areas with new, high tensile C-4 concrete to match existing concrete
according to City standards and specifications. Replacement of this lot shall also include
a curb cut onto Iowa Street and shall be completed within 60 days of the expiration of the
temporary easement. City shall monitor vibrations during the demolition of the damaged
lot in order to prevent damage to the adjacent hotel.
5. City agrees to sell Klauer a parcel 25' x 160' (approximate) directly south of the
Canfield Hotel rear boundary for $50,000 for the purpose of constructing a storage
facility. The area to be sold is identified for purposes of this Agreement as the shaded
area A-1 on Exhibit A. Construction on the aforementioned site will be subject to review
and approval by the Historic Preservation Commission. Closing of the sale wilt not take
place until a~er termination of City's lease with United Rental or upon completion of the
new parking ramp and the purchase price will be payable at the time of closing. City shall
pay all survey costs associated with the sale and shall provide Klauer with a completed
abstract. City shall pay for normal seller's closing costs for this type of real estate
transaction in Dubuque County, Iowa, and Klauer shall pay for normal buyer's costs in
connection with such sale. City shall pay real estate taxes for the fiscal year in which the
closing takes place pro rated to the date of possession and real estate taxes for all prior
years.
6. If City prior to Ivlay 31, 2007, receives any bona fide offer to purchase the City
Property, City shall before accepting such offer give Klauer written notice of such offer
and Klauer shall have the right for ten (10) days after receipt of such notice from City to
purchase the City Property upon the same terms by City. Klauer shall give City written
notice of the exercise of such right within such ten-day period, and if such right is not
exercised by Klaner within such ten-day period, the right shall be null and void.
7. This Agreement shall be subject to final approval by the City Council of the
City of Dubuque, Iowa.
City of Dubuque, Iowa
By
Terrance M. Duggan, Mayor
Robert D. Klauer
Jeanne F. Schneider, City Clerk
Exhibit A
Ya~ol
Exhibit B
RESOLUTION NO. -01
DISPOSING OF AN INTEREST IN REAL PROPERTY TO ROBERT D. KLAUER
WHEREAS, the City of Dubuque, Iowa (City) owns the following real property (the
Property):
The West 68 feet 3 inches-North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and
Lot 2, of City Lot 524, the balance of Lots 1 and 2 of City Lot 525 and the western balance of
City Lots 526 and 527, all in the City of Dubuque, Iowa
AND WHEREAS, City has entered into an Agreement wfth Robert D. Klauer (Klauer) to
acquire an easement to serve the Property, a copy of which Agreement is attached hereto;
AND WHEREAS, in consideration for the easement, the Agreement grants to Klauer a right
of first refusal to purchase a portion of the Property and the City agrees to convey a portion of the
property to Klauer;
AND WHEREAS, on May 7, 2001, the City Council pursuant to notice published as
required by law, held a public heating on its intent to dispose of an interest in the foregoing interest
in real property and overruled all objections thereto;
AND WHEREAS, the City Council finds that it is in the best interest of the City to approve
the disposition of such real property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, approves the Agreement attached
hereto and the Mayor is hereby authorized and directed to sign this resolution and the Agreement.
Passed, approved and adopted this 21st day of May, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. -01
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL
PROPERTY TO ROBERT D. KLAUER
WHEREAS, the City of Duhnque, Iowa (City) owns the following real property (the Property)
from Plastic Center, Inc.:
The West 68 feet 3 inches-North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Lot
2, of City Lot 524, the balance of Lots 1 and 2 of C'rty Lot 525 and the western balance of City
Lots 526 and 527, all in the City of Dubuque, Iowa
AND WHEREAS, City has entered into an Agreement with Robert D. Klauer (Klauer) to
acquire an easement to serve the Property, a copy of which Agreement is attached hereto;
AND WHEREAS, in consideration for the easement, the Agreement grams to Klauer a right of
first refusal to purchase a portion of the Property and City agrees to convey a portion of the property
to Klauer;
AND WHEREAS, the City Council has tentatively determined that it would be in the best
interests ofthe City to enter into the Agreement with Klauer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of an interest in the foregoing-described real
property by Agreement between City and Klaner.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 ora public hearing on the City's intent
to dispose of an interest in the foregoing-descn'bed real property, to he held on the 21st day of May,
2001, at 6:30 p.m, at the public library auditorium, 11th & Locust, Dubuque, Iowa.
Passed, approved and adopted this 7th day of May, 2001.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, Cky Clerk
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 24, 2001
To: Mike Van Milligen, City Manager
From: Cindy Steinhauser, Parking System Supervisor
Re: Temporary easement on Canfield Hotel site and intent to dispose of real estate.
Introduction
The purpose of this memorandum is to provide information on the use of the Canfield
Hotel Parking Lot to access United Rental and to recommend that the City enter into an
agreement with Bob Klauer for the purposes of providing such access.
Discussion
For the past several months I have been meeting with Bob Klauer to discuss the use of his
parking lot at the Canfield Hotel to provide access to the United Rental site. This site is
currently owned by the City of Dubuque and is leased by the City to United Rental. An
alternative access to this site is necessary since the current access on Iowa Street is part of
the construction area for the new parking ramp. A temporary easement is necessary to
allow a portion of the Canfield Hotel parking lot to be used for ingress/egress. The
attached Agreement outlines the conditions of the temporary easement. They are as
follows:
The City will have the 19' 6" easement area surveyed and Mr. Klaner will give
the City a temporary easement to this area until May 31, 2002 or upon completion
of the new parking ramp, whichever date is earlier;
The City will restripe the parking stalls on the remaining portion of the lot and
install curb stops at each parking stall based upon the diagram provided by P.S.
Vedi and reviewed by Mr. Klauer;
The City will be responsible for reconfiguring the chain link fence to allow an
entrance/exit to United Rental off of 4th Street;
The City agrees, upon expiration of the easement, to remove the damaged portion
of the parking lot, curb, gutter, driveway and sidewalk and replace those areas
with new concrete to match existing concrete according to City standards and
specifications. The City agrees to monitor vibrations during the demolition of the
damaged lot in order to prevent damage to the adjacent hotel;
The City agrees to sell to Mr. Klauer an area approximately 25' x 160'directly
south of the Canfield Hotel for $50,000 for the purposes of constructing a storage
facility. Construction on the aforementioned site will be subject to review and
approval by the Historic Preservation Commission. Closing of this sale will be
after termination of the City's lease with United Rental or upon completion of the
new parking ramp. The City also agrees to grant a ten day right of ftrst refusal for
a period of five years to Klauer for the sale of the remaining portion of the United
Rental site.
Mr. Klauer's offer of $50,000 for approximately 4,000-sq. ft. of property is $12.27 per
sq. ft. The appraisal by Tom Kane established a land value for this property of $8.98 per
sq. ft. The sale of 25' of the United Rental property will not adversely affect the furore
use of this site. The attached site plan prepared by P.S. Vedi indicates that restriping the
remaining site will result in 27 parking spaces.
Zoning
This site is currently zoned C-4 and is eligible for a variety of uses. This zoning is also
eligible for a 25% parking credit, thereby reducing the number of parking spaces needed
to meet zoning requirements. The following are three typical uses in a C-4 district and
the respective parking requirements:
6A00 sq. fi. General Office
16 parking spaces required before C-4 25% credit is applied
12 parking spaces required after credit is applied
Indoor restaurant/Bar/Tavern
80 seats, 5 employees
25 parking spaces required before C-4 25% credit is applied
19 parking spaces required after credit is applied
4,000 sq. ft. General Retail
16 parking spaces required before C-4 25% credit is applied
12 parking spaces required at~er credit is applied
For each of these uses, the parking requirements would be met with surface parking on
the site.
Recommendation
I recommend that the City enter into an agreement with Bob Klauer for the sale of a
portion of the United Rental site according to the terms of the Agreement in exchange for
the granting by Klauer ora temporary easement to the City.
Action
The requested action is for City Council to adopt the attached resolution of intent to
dispose of property and to set a public hearing for May 21, 2001 for such disposition.
Cc.'
Barry Lindahl, Corporation Coansel
Pauline Joyce, Administrative Services Manager
AGREEMENT
This Agreement is made and entered into this day of
between the City of Dubuque (City) and Robert D. Klauer (Klauer).
, 2001, by and
WHEREAS, City is the owner of the following real estate (City Property):
The West 68 feet 3 inches-North 11 feet4 inches of Lot 1, the South 39.5 feet of
Lot 1, and Lot 2, of City Lot 524, the balance of Lots 1 and 2 of City Lot525 and
the western balance of City Lots 526 and 527, all in the City of Dubuque, Iowa
AND WHEREAS, Klauer is the owner of the following real estate (Klauer
Property);
Part of Lot 1 in Canfield Place
AND WHEREAS, City desires an easement for public ingress and egress to the
City Property over and across the Klauer Property, which Klauer is willing to grant to
City upon the terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. Klauer hereby grants to City across the Klauer Property a temporary easement
for public ingress and egress to and from the City Property, as shown on Exhibit A,
attached hereto (Easement Area), until May 31, 2002 or upon completion of City's
parking ramp, whichever date is earlier. City may request a six month extension of this
easement on or before May 31, 2002 if necessary. City shall have the Easement Area
surveyed and such survey shall become a part of this Agreement.
2. City shall restripe the parking stalls on Klauer's parking lot and install 10 curb
stops based upon the diagram provided by P.S. Vedi, Exhibit B, attached hereto.
3. City shall reconfigure the chain link fence to allow an entrance/exit to United
Rental offof4th Street. The chain link fence shall be removed by City upon completion
ofthe sale of a portion of the City Property to Klauer.
4. City shall, upon expiration of the easement, remove the damaged portion of the
parking lot (minimum of 30' from the west side of the site), and the curb, gutter, curb cut,
driveway and sidewalk along Iowa Street and 4th Street to the east side of the parking lot
and replace those areas with new, high tensile C-4 concrete to match existing concrete
according to City standards and specifications. Replacement of this lot shall also include
a curb cut onto Iowa Street and shall be completed within 60 days of the expiration of the
temporary easement. City shall monitor vibrations during the demolition of the damaged
lot in order to prevent damage to the adjacent hotel.
5. City agrees to sell Klauer a parcel 25' x 160'(approximate) directly south of the
Canfield Hotel rear boundary for $50,000 for the purpose of constructing a storage
facility; The area to be sold is identified for purposes of this Agreement as the shaded
area A-1 on Exhibit A. Construction on the aforementioned site will be subject to review
and approval by the Historic Preservation Commission. Closing of the sale will not take
place until after termination of City's lease with United Rental or upon completion of the
new parking ramp and the purchase price will be payable at the time of closing. City shall
pay all survey costs associated with the sale and shall provide Klauer with a completed
abstract. City shall pay for normal seller's closing costs for this type of real estate
transaction in Dubuque County, Iowa, and Klauer shall pay for normal buyer's costs in
connection with such sale. City shall pay real estate taxes for the fiscal year in which the
closing takes place pro rated to the date of possession and real estate taxes for all prior
years.
6. If City prior to May 31, 2007, receives any bona fide offer to purchase the City
Property, City shall before accepting such offer give Klauer written notice of such offer
and Klauer shall have the right for ten (10) days after receipt of such notice from City to
purchase the City Property upon the same terms by City. Klauer shall give City written
notice of the exercise of such right within such ten-day period, and if such right is not
exercised by Klauer within such ten-day period, the right shall be null and void.
7. This Agreement shall be subject to final approval by the City Council of the
City of Dubuque, Iowa.
City of Dubuque, Iowa
By.
Terrance M. Duggan, Mayor
Robert D. Klauer
Jeanne F. Schneider, City Clerk
i
Exhibit A
= 6
Exhibit B
RESOLUTION NO. -01
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL
PROPERTY TO ROBERT D. KLAUER
WHEREAS, the City of Dubuque, Iowa (City) owns the following real property (the Property)
from Plastic Center, Inc.:
The West 68 feet 3 inches-North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Lot
2, of City Lot 524, the balance of Lots 1 and 2 of City Lot 525 and the western balance of City
Lots 526 and 527, all in the City of Dubuque, Iowa
AND WHEREAS, City has entered into an Agreement with Robert D. Klauer (Klauer) to
acquire an easement to serve the Property, a copy of which Agreement is attached hereto;
AND WHEREAS, in consideration for the easement, the Ageement grants to Klauer a right of
first refusal to purchase a portion of the Property and City agrees to convey a portion of the property
to Klauer;
AND WHEREAS, the City Council has tentatively determined that it would be in the best
interests of the City to enter into the Agreement with Klauer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of an interest in the foregoing-described real
property by A~oreement between City and Klauer.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as presort'bed by Iowa Code Section 364.7 ora public hearing on the City's intent
to dispose of an interest in the foregoing-deseribed real property, to be held on the 21st day of May,
2001, at 6:30 p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa.
Passed, approved and adopted this 7th day of May, 2001.
Terrance M. Duggarg Mayor
Attest: Jeanne F. Schneider, City Clerk
RESOLUTION NO. -01
DISPOSING OF AN INTEREST IN REAL PROPERTY TO ROBERT D. KLAUER
WHEREAS, the City of Dubuque, Iowa (City) owns the following real property (the Property):
The West 68 feet 3 inches-North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Lot
2, of City Lot 524, the balance of Lots 1 and 2 of City Lot 525 and the western balance of City
Lots 526 and 527, all in the City of Dubuque, Iowa
AND WHEREAS, City has entered into an Agreement with Robert D. Klauer (Klauer) to
acquire an easement to serve the Property, a copy of which Agreement is attached hereto;
AND WHEREAS, in consideration for the easement, the Agreement grants to Klauer a right of
first refusal to purchase a portion of the Property and the City agrees to convey a portion of the
property to Klauer;
AND WHEREAS, on May 7, 2001, the City Council pursuant to notice published as required
by law, held a public hearing on its intent to dispose of an interest in the foregoing interest in real
property and overruled all objections thereto;
AND WHEREAS, the City Council finds that it is in the best interest of the City to approve the
disposition of such real property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, approves the Agreement attached
hereto and the Mayor is hereby authorized and directed to sign this resolution and the Agreement.
Passed, approved aad adopted this 21st day of May, 2001.
Termnce M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk