Petition to Vacate a portion of Grace Street - University of Dubuque - Grace Street Vacate Agreement_HearingCity of Dubuque
City Council Meeting
Public Hearings # 1.
Copyrighted
September 7, 2021
ITEM TITLE: Petition to Vacate a portion of Grace Street, in the City of Dubuque, Iowa
University of Dubuque - Grace Street Vacate Agreement
SUMMARY: Proof of publication on notice of public hearing to consider the vacating
and disposal of the Grace Street right of way described as Lot 14A of
O'Hare's Subdivision, in the City of Dubuque, Iowa, for a purchase price
of $80,491.50, and City Manager recommending approval.
RESOLUTION Vacating a portion of Grace Street, in the City of
Dubuque, Iowa, to be known as Lot 14A Of O'Hare's Subdivision, in the
City of Dubuque, Iowa
RESOLUTION Disposing of City Interest in Lot 14a of O'Hare's
Subdivision, in the City of Dubuque, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description
Petition to Vacate a Portion of Grace Street-MVM
Memo
Staff Memo
Resolution Vacate
Resolution Dispose
Vacate Plat
Res. 284-21
Vacate Agreement
Proof of Publication
Type
City Manager Memo
Staff Memo
Resolutions
Resolutions
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
THE CITY OF
Dubuque
DUB TEE
All -America City
Masterpiece on the Mississippi
� pp
zoo�•*o 13
zoi720zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Petition to Vacate a portion of Grace Street, in the City of Dubuque, Iowa
University of Dubuque - Grace Street Vacate Agreement
DATE: August 30, 2021
In response to a request from the University of Dubuque to vacate a portion of Grace
Street between Algona Street and McCormick Street in the City of Dubuque, Assistant
City Engineer Bob Schiesl states that the City has entered into an agreement with the
University of Dubuque for the sale of City owned property to be used for their proposed
campus improvements. The property to be conveyed to the University of Dubuque
includes a portion of the Grace Street right of way between Algona Street and
McCormick Street. The area contains a portion of the public Grace Street pavement that
runs thru the University of Dubuque campus.
The right of way area to be vacated is described as Lot 14A of O'Hare's Subdivision, in
the City of Dubuque, Iowa. The City of Dubuque is reserving a public utility easement
over the entirety of said Lot 14A to accommodate the existing utilities in the area. Per
the agreement, the City will turn over ownership and maintenance of the existing water
and sewer mains in the vacated area to the University of Dubuque, as these utilities
only serve University of Dubuque properties and buildings. The plat also reserves the
right for access by emergency response vehicles.
Assistant City Engineer Bob Schiesl recommends the vacating and disposal of the
Grace Street right of way described as Lot 14A of O'Hare's Subdivision, in the City of
Dubuque, Iowa, for a purchase price of $80,491.50. The University of Dubuque will be
responsible for all publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Bob Schiesl, Acting City Engineer
Dubuque
All•Merin City
2007-2012.2013
2017*2019
SUBJECT: Petition to Vacate a portion of Grace Street, in the City of Dubuque, Iowa
University of Dubuque - Grace Street Vacate Agreement
DATE: August 26, 2021
INTRODUCTION
This is in response to a request from the University of Dubuque (UD) for the vacating of
a portion of Grace Street between Algona Street and McCormick Street, in the City of
Dubuque, Iowa.
BACKGROUND
The City of Dubuque has entered into an agreement (see agreement attached) with UD
for the sale of City owned property to be used for their proposed campus improvements.
The property to be conveyed to UD includes a portion of the Grace Street right of way
between Algona Street and McCormick Street. The area contains a portion of the public
Grace street pavement that runs thru the UD campus. The campus improvements
include a new pedestrian plaza in the area to be vacated. The plaza improvements
would still allow for pedestrian access from Algona to McCormick. The agreed upon
price for the vacated street area is $80,491.50. UD will be responsible for all publication
and filing fees.
DISCUSSION
Per the agreement with UD, UD had hired an engineering consultant, WHKS & Co., to
perform a traffic impact study for the proposed street closure. The traffic study showed
very low traffic volumes on this section of Grace Street. It also stated that the proposed
street closure would have minimal effect on the surrounding intersections and streets
and that levels of service would remain the same.
Per the agreement with UD, UD has completed a public outreach campaign associated
with the proposed street closure and vacation. UD had mailed a survey to
approximately 406 residents in the campus vicinity which also included an invitation to
public meetings. In addition to the surveys, UD held two public meetings on campus
(August 3, 2021, and August 10, 2021) to allow citizens to find out more about the
proposed improvements and to ask questions or voice concerns. UD has received
thirty-eight survey responses with the majority of the respondents having no concerns
over the closure. There were two survey respondents who had concerns about traffic
being displaced to adjacent streets. Representatives from a total of four properties
attended the two public meetings held on the UD campus. Representatives from three
of the properties wanted to know more details about the proposed improvements but did
not have concerns over the closure. Representatives from one of the properties said
they often use Grace to get to their workplace west of the campus. Because the Grace
St. traffic volumes and usage are so low, we feel this closure will have little to no impact
adjacent streets and properties.
The attached plat shows the right of way area proposed to be vacated. The right of way
area to be vacated is described as Lot 14A of O'Hare's Subdivision, in the City of
Dubuque, Iowa. The City of Dubuque is reserving a public utility easement over the
entirety of said Lot 14A to accommodate the existing utilities in the area. Per the
agreement, the City will turn over ownership and maintenance of the existing water and
sewer mains in the vacated area to UD, as these utilities only serve UD properties and
buildings. The plat also reserves the right for access by emergency response vehicles.
The City Council approved the platting of the Lot 14A at its August 16, 2021, meeting.
A copy of the recorded vacation plat is attached to this memo.
RECOMMENDATION
I am recommending the vacating and disposal of the Grace Street right of way
described as Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa.
ACTION TO BE TAKEN
I respectfully request that the vacating and disposal of the Grace Street right of way
described as Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa be
approved through the adoption of the enclosed resolutions.
Prepared by Nate Kieffer, PE/PLS
cc: John Klosterman, Public Works Director
2
Prepared by: Nate Kieffer City of Dubuque 50 W. 1311 Street Dubuque IA 52001 (563) 589-4270
Return to: Adrienne Breiffelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)
589-4100
RESOLUTION NO. 308-21
RESOLUTION VACATING A PORTION OF GRACE STREET, IN THE CITY OF
DUBUQUE, IOWA, TO BE KNOWN AS LOT 14A OF O'HARE'S SUBDIVISION,
IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has entered into an agreement with
University of Dubuque for the sale of City Owned property including a portion of
the Grace Street right of way between Algona Street and McCormick Street, in the
City of Dubuque, Iowa, in the City of Dubuque, Iowa; and
Whereas, the University of Dubuque has requested the vacation of a portion
of Grace Street and the conveyance of the property to University of Dubuque per
said agreement; and
Whereas, WHKS & Co. has prepared and submitted to the City Council a
plat showing the proposed vacated area of Grace Street right of way between
Algona Street and McCormick Street, in the City of Dubuque, Iowa, Iowa and
assigned a lot number thereto, which hereinafter shall be known and described as
Lot 14A in O'Hare's Subdivision, in the City of Dubuque, Iowa; and
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 the 20th day of August 2021, the City
Council of the City of Dubuque, Iowa met by public and/or virtual means on the 7th
day of September 2021, at 6:30 p.m. in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa
to consider the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined
that the proposed vacation of Lot 14A of O'Hare's Subdivision, in the City of
Dubuque, Iowa, Iowa should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 14A of O'Hare's
Subdivision, in the City of Dubuque, Iowa, be and the same is hereby vacated.
Attest:
Passed, approved and adopted this 7th day of September 2021.
ON 1112,1,
l
D. Buol, Mayor
Prepared by: Nate Kieffer. City of Dubuque 50 W. 13th Street Dubuque Iowa (563) 589-4270
Returned to: Adrienne Breitfelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-
4100
RESOLUTION NO. 309-21
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 14A OF O'HARE'S
SUBDIVISION, IN THE CITY OF DUBUQUE, 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 the 20th day of August, 2021, the City
Council of the City of Dubuque, Iowa met by in person and/or by virtual means on
the 7th day of September, 2021, at 6:30 p.m. in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County,
Iowa to consider the proposal for the sale of real estate described as:
Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the conveyance of City of Dubuque real property
described as Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa, to
University of Dubuque be and the same is hereby approved. Conveyance shall be
by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver
said deed of conveyance to University of Dubuque.
Section 3. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 7th day of September 2021.
J, P
Roy D. Buol, Mayor
Attest:
a�
Adrienne N. Breitfelder, Ct y Clerk
RECORDER'S INDEX
LOCATION: VACATION OF GRACE STREET FROM MCCORMICK
Doc ID: 010803120006 Type: GEN
STREET TO ALGONA STREET, DUBUQUE, IOWA
Kind: SURVEY PLAT
REQUESTER: UNIVERSITY OF DUBUQUE
Rec0 rded: 08/18/2021 at 02:09:01 PM
Fee Amt: $32.00 Pace 1 of 6
PROPRIETOR: UNIVERSITY OF DUBUQUE
Dubuque County Iona
John Murphy Recorder
SURVEYOR: DAN HINGTGEN
Fiie2021-00013685
COMPANY: WHKS & Co.
RETURN TO: WHKS & Co.
1701 ROUTE 35 NORTH
EAST DUBUQUE, IL 61025
PLAT OF SURVEY (ROW Vacation)
of
THAT PART OF GRACE STREET LOCATED BETWEEN MCCORMICK
STREET AND ALGONA STREET IN THE
CITY OF DUBUQUE, IOWA, HEREAFTER, KNOWN AS LOT 14A OF O'HARE'S SUBDIVISION
S SUBDI
ISION
I� STREET VACATION
R
HANTELMAN
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-___-_
DESCRIPTION
U
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onoo=wm , �N.e,
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THE VACATION OF THAT PART OF
GRA CE STREET LOCATED
N 09.45'33" W
ALGONA 50.98'
BETWEEN MCCORMICK STREET
S 01.02'01• W
Aa
AND ALGONA STREET IN THE CITY
(40)
(�') �L (�0
102 133.80' ® $689 826"E o
OF DUBUQUE, IOWA, HEREAFTER,
POINT D�
101
A n ®10
KNOWN AS LOT 14A OF O'HARE'S
BEGINNING
Sa
SUBDIVISION AND MORE
<o 'a s
-.. "
COMPLETELY DESCRIBED AS:
j`
Ly
Beginning at the Southeast (SE) Corner of
Lot 1 of Reche s Subdivision No. 2; thence
W �O
N 88'29'52" W 564.55 feet along the
(1
North Right—of—way Line of Grace Street to
m'
the Southwest Corner of Lot 10 in said
11
Reche's Subdivision No. 2; thence
v S VO- Q�
S 10'29'02" W 50.62 feet to the Northwest
_
Corner of Lot 2 of Lot 14 of O'Hare s
N olro0'02" E 26&W
Subdivision; thence S 88'29'52" E 582.41
Q
_
" 3 o
feet to the Westerly Right —of —Way Line of
q $
Algona Street; thence N 09'45'33" W
50.98 feet to the Point of Beginning.
Q\
s 01 W02' w z68.66'
Street vacation area, Lot 14A, is 28,674
W
W
feet or 0.66 acres.
LU F
" 1 `
W
OWNER'S CONSENT:
N o,ro,'47 E 134.,5' L
�
W
The City of Dubuque reserves a public utility easement
Cog, g m
$
over the entirety of said Lot 14A. The City of Dubuque
KA s 3 w
N
53
reserves the right for access by emergency response
o �O� U s at'U,'4-r w ,34.zz'
J "
W
vehicles over the entirety of said Lot 14A.
O n,.e9
Sz SO f
Z
W
m
COORDINATES FOR VACATED STREET
3LUq -
Z 1 ✓
NUMBER NORTHING EASTING DESCRIPTION
3656744.1469 5678112.8408 NE CORNER
--. Q
O �
101
2 0
102 3656693.9031 5678121.4826 SE CORNER
M s O 65
103 3656709.1716 5677539.2771 SW CORNER
LL ,
104 3656758.9472 5677548.4879 NW CORNER
C) j5
(n e') 210)
rj)
O 1
SCALE 1" = 80'
air SOt°1648'
i
269.03'
Z
0 20' 40' 80'
sa O.(
G� h 1�
N gotof
104 103 v
-le LpTLOT214 a
.. g
LOT 1 of
LEGEND
S 10.29'02" W °_� N r7.�
b2'F
LOT 14
SET 5/8" REBAR w/ FOUND MONUMENT
!� ® FROM PREVIOUS WHKS
0 50.62' yq0
n 0
YELLOW SURVEY CAP
NO. 14052 8: CO. SURVEYS, BUT
NI �ycol
S 88°3W18• E
8,05,
HAVE BEEN REMOVED
SET PK DUE TO CONSTRUCTION
x
59• .
M41
NAIL/MAG NAIL
1. Is.
N IS°12y n 216•F4V
66. 6 F '• $ (1 S4'
O FOUND 2" PIPE
FOUND T-BAR W/
CAP RLS 9161
N 2S' SC '4)
)`R�
; 15.0' FIELD MEASUREMENT
sa
®FOUND )5/8" REBAR
(13.0) PREVIOUSLY RECORDED
4� v
15.0' FROM PREVIOWHKS US MEASUREMENTS
SURVEYSv
��s\ON v V
VACATED RDON
OF STREET
NNE
�\\GN�S
CO `,!
BEARINGS ARE BASED NAD83, ZONE
1401, TH OON
RDINATE SYSTEM
t11111rr1I�r I hereby certify that this land surveying document was
prepared11�,and the related survey work was performed by
` ,E 'R & me or under my d' ct personal supervision and that I
`��V`',.• •.��� am a duly licen d and Surveyor under the laws of the
` Q State Of to
DANIEL J. •'. A.:
HINGTGEN =
:LO `. 14052 z .y zrAar
Dan Hingtgen, urveyor 1 Date
PLAT OF SURVEY
Drawn by. D,M Drawing Date: 817JI2021 Pro)sct No.:9Jr7.O0
Drawing Name: K. )9JIl DD - UO CRACE ST. SUR 4£Yi CAU1
VACA]ION PLAT - CRACE ST.011G
a
�s
License numb 14052
•/QVd{*• My license renewal date is December 31, 2022
Pages or sheets covered by this seal: I Iw�AL�
whks—
engineers+planners+land surveyors
�o
SHEET 1 of 1
00ty Engineer $32—
Surveyor's Certificate
I, Dan Hingtgen, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate
was surveyed and platted by me or under my direct personal supervision, To Wit:
Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque, Iowa.
This survey was performed for the purpose of platting and vacating a part of Grace Street between McCormick St.
and Algona St., said real estate henceforth to be known as LOT 14A OF O'HARE'S SUBDIVISION, in the City of
Dubuque, Iowa. The Total area of LOT 14A OF O'HARE'S SUBDIVISION is 28,674 Square Feet or 0.66 Acres. The
Lot area is more or less, and the Lot is subject to easements, reservations, restrictions, and rights -of -way of record
and not of record, the plat of which is attached hereto and made a part of this certificate.
I hereby certify that this land surveying document was prepared, and the related survey work was performed by me or
under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa.
Dan Hingtgen
Licensed Land
License No. 14
Owner's Consent
Dubuque, Iowa
81i3 /2ezj
Date
License Renewal Date 12/31/22
f 0
,2021
The foregoing Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque,
Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of
said real estate.
State of Iowa
County of Dubuque ) ss:
CITY OF DUBUQUE
By:
Mayor of the Gay of'Dubuque
Pec IPm
Attest:
Clerk of the City of Dubuque
On this )7 day of Au u5� �lAD 2021, b fore me, the undersigned, a Notary Public in and for the State of Iowa,
*personally appeared uur The MaycAf the City of Dubuque, and Adrienne Breitfelder, e Clerk of e Cityof
* Dubuque, to me personally known, who being by me duly swom, did say that said Rey 9. Bue W the Mape�of the
City of Dubuque, and said Adrienne Breitfelder is the Clerk of the City of Dubuque, and that the seal affixed to the
above instrument was igned on behalf of said City of Dubuque, by authority of the City of Dubuque, and that said
* Red B.-BueT the A44-of the City of Dubuque, and Adrienne Breitfelder the Clerk of the City of Dubuque,
acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, by it, and by
them, voluntarily executed.
Witness my hand and Notarial Seal on the date above written.
ComrmIsslon N4 mbef 8
Yy Comm. E:rp. ZH `
Notary Public in and for the State of Iowa
* Dcw/ C s pro o k, Mcl f)r
Pro Te ry)
City of Dubuque Planning Services
Dubuque, Iowa
r / ` 12021
The forgoing Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque, Iowa, was
reviewed and approved by the City of Dubuque Planning Services Department on the date first written above.,
Planning Services
By:
City of Dubuque, Iowa Q •�
Dubuque, Iowa , 2021
AB
*The undersigned, May D. Soul, Mayor and Adrienne N. Breitfelder, Clerk of the City of Dubuque, Iowa, do hereby certify that the
foregoing Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque, Iowa, as appears
heretofore has been filed on this 17 day of AuA USA 2021 as resolution # 27 $ — A I in the office of the City Clerk of
Dubuque, Iowa and that the City Council of the City of Dubuque, Iowa approves said plat.
*bwy C. spank, mayor P, Tern
Mayor of the Qj of Dubuque, IA
Pre Te(n
Clerk of the City of Dubuque, IA
City Assessor's Certificate Dubuque, Iowa ' 8 , 2021
The forgoing Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque, Iowa, was entered
of record in the office of the City Assessor of the County of Dubuque, Iowa, on the date first written above.
City Assessor of th County of Dubuque, Iowa _
r�
County Auditor t s
Dubuque, Iowa . 262
The forgoing Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'SSUBDIVISION, in the City of Dub low !was entered \6
of record in the office of the Dubuque County Auditor this day of fft U qQ S 2021. T
We approve of the subdivision name or title to be recorded.1» +
V.
County Auditor ol Dubuque, owa
Recorder's Certificate
Dubuque, Iowa — t") — , 2021
The forgoing Plat of Survey (ROW ipnof: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque, Iowa, has been
reviewed by the Dubuque IC t rtiil,
D que County RReeco
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, lA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13"1 Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 278-21
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF GRACE
STREET, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 14A OF
O'HARE'S SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated August 2, 2021 prepared by the WHKS & Co., showing the proposed
vacated area of Grace Street between Algona Street and McCormick Street, in the City
of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 14A of O'Hare's
Subdivision, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated August 2, 2021, prepared by the WHKS & Co.,
relative to the real estate hereinabove described be and the same is hereby approved,
and the Mayor and City Clerk be and they are hereby authorized and directed to execute
said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves a public utility easement over the
entirety of said Lot 14A.
Section 3. That the City Clerk be and is hereby authorized and directed to file
said plat and certified copy of this resolution in the office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved, and adopted this 16th day of August, 2021.
Danny C. Sprafik, Mayor Pro Tern
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City 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. 278-21 is a
true and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 18th day of August, 2021.
N�'� O;,
Adrienne N. Breitfelder, City Clerk
Prepared by Nate Kieffer City of Dubuque Engineering 50 W. 1311 St. Dubuque, IA 52001
Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 131h St. Dubuque, IA 52001
RESOLUTION NO. 284-21
RESOLUTION OF INTENT TO VACATE A PORTION OF GRACE STREET, IN THE
CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 14A OF O'HARES
SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has entered into an agreement with University of
Dubuque for the sale of City Owned property including a portion of the Grace Street right
of way between Algona Street and McCormick Street, in the City of Dubuque, Iowa, in the
City of Dubuque, Iowa; and
Whereas, the University of Dubuque has requested the vacation of a portion of
Grace Street and the conveyance of the property to University of Dubuque per said
agreement; and
Whereas, WHKS & Co. has prepared and submitted to the City Council a plat
showing the proposed vacated area of Grace Street right of way between Algona Street
and McCormick Street, in the City of Dubuque, Iowa, Iowa and assigned a lot number
thereto, which hereinafter shall be known and described as Lot 14A in O'Hare's
Subdivision, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate Lot 14A in O'Hare's
Subdivision, in the City of Dubuque, Iowa.
Section 2. That a public hearing, and/or by virtual means, on the intent to vacate
Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa is hereby set for the Th day
of September, 2021, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa,
beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to
cause a notice of public hearing on the intent to vacate said real estate to be published in
the manner as prescribed by law.
Passed, approved and adopted this 16th day of August, 2021,
Attest:
/,� A44�z
Adrienne N. Breitfelder, bity Clerk
Danny %, pr nk, Mayor Pro Tern
1
THE CDtUB.,
OF
E.V
Masterpiece on the Mississippi
James Steiner, VP Finance and Auxiliary Services
University of Dubuque
2000 University Avenue
Dubuque, IA 52001
Dubuque
Engineering Department
FXZXM
City Hall
All -America NY
50 W.13th Street
11.1
Dubuque, Iowa 52001
563.589.4270
563.589.4205 (fax)
2012
www.cityofdubuque.org
July 9, 2021
Re: Grace Street Right of Way Vacation - McCormick to Algona
Dear Mr. Steiner,
This vacate agreement letter is in response to your request for the vacation and sale of the
approximately 28,850 square feet of the Grace Street right of way between McCormick Street
and N. Algona Street, in order to accommodate the construction of new pedestrian plaza on the
University of Dubuque Campus.
Listed below is a breakdown of the project with responsibility assigned to either the City or the
University of Dubuque (UD):
City Of Dubuque Responsibility:
1. To vacate and sell a portion of the Grace Street right of way from McCormick to Algona
for $80,491.50. This is based on a market rate of $5.58/sf. The market rate was
determined by taking the average assessed land value of the adjacent residential
properties at the east and west end of the of the area to be vacated ($4.19/sf) then
adding 33% for market rate. The market rate of $5.58/sf over the approximately 28,850
square feet area equals $160,983.00. This value was then reduced by 50% ($2.79/sf)
for the reservation of a public utility easement over the vacated area.
2. City will reserve a public utility easement over the entirety of the vacated Grace Street
right of way. This easement would preclude the placement of a building on the vacated
right-of-way in order to allow for maintenance or replacement of existing utilities in the
area. Access for emergency responders would also be reserved and access for said
vehicles would have to be maintained by UD.
3. City will turn over ownership and maintenance of the existing water and sanitary sewer
main utilities in the vacated area to UD. City will continue to own and maintain the public
fiber optics utilities in the vacated area.
4. Upon receipt of the plat of survey of the area proposed to be vacated, the request will be
taken to the City Council to be set for a public hearing and formal approval.
5. After the public hearing approval by the City Council and receipt of the publication and
filing fees, the City will execute a Quit Claim Deed to UD for the vacated property and
record the deed.
University of Dubuque Responsibility:
1. Submit a request to vacate in writing to: The Honorable Mayor and City Council at 50
West 13th Street, Dubuque, Iowa, with reasons for the proposed vacating and a sketch
or plat of the area to be vacated.
2. Purchase the vacate right of way area for the amount of $80,491.50 plus $100 for
publication and filing fees.
3. A plat of survey must be prepared at UD's expense by a Licensed Land Surveyor. This
will show the boundaries of the proposed vacating and assign a legal description to the
property.
4. UD will accept ownership and maintenance of the existing water main and sanitary
sewer mains in the area of the vacated Grace right-of-way.
5. Perform public outreach regarding the proposed vacation and street closure. This could
be in the form of public meetings and surveys. UD would conduct virtual public input
meetings (2 minimum) on a Tuesday or a Thursday from 4-6 pm and this would be an
open house style meeting. This would give the UD a chance to explain to public why
they are proposing to close Grace Street. UD would provide a self -addressed -stamped
mail survey to people (in the affected area as determined by City) who can't attend
meetings. UD would then provide the City with the results of meetings/surveys. The
public outreach activities shall conform to the requirements above but may be altered if
agreed upon by UD and City.
6. Allow for and maintain access along the vacated right of way area for emergency
response vehicles.
If you are in agreement with the above terms, please sign and return this letter to City
Engineering Department, 50 W. 131h Street, Dubuque, Iowa 52001. This vacate agreement
letter offer is contingent upon final approval of the vacation by the City Council.
Sincerely,
Gus Psihoyos, City Engineer
UNIVERSITY OF DUBUQUE
4
J es Steiner, VP Finance and Auxiliary Services
University of Dubuque
2000 University Avenue
Dubuque, IA 52001
Cc: Mike Van Milligen, City Manager
Wally Wernimont, Planning Services Manager
Nate Kieffer, PLS
John Klosterman, Public Works Director
IIIIIIIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 010828370005 Type: GEN
Kind: QUIT CLAIM DEED
Recorded: 09/24/2021 at 01:39:26 PM
Fee Amt: $32.00 Page i of 5
Revenue Tax: $0.00
Dubuque Countv Iowa
John Murphy Recorder
File2021-0001590I
Prepared by: Crenna Brumwell 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Crenna Brumwell 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
SPACE ABOVE THIS LINE
FOR RECORDER
Tax statement to: University of Dubuque
2000 University Avenue
Dubuque, Iowa 52001
QUIT CLAIM DEED
For the consideration of One Dollar and other valuable consideration, the City of
Dubuque, Iowa does hereby Quit Claim to University of Dubuque, all its right, title,
interest, estate, claim and demand in the following described real estate in Dubuque
County, Iowa:
Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa
Subject to a public utility easement reserved over the entirety of said Lot 14A per
Instrument Number 2021-00013685 in the Dubuque County Recorder's Office. Subject to
an easement for access by emergency response vehicles over the entirety of said Lot
14A per Instrument Number 2021-00013685 in the Dubuque County Recorder's Office.
Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa
is the grantor
Dated: ,Sec f e.m be,- 1 , 2021
Attest: Cy,��
Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
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Dann . Sprank, Mayor Pro Tern
5
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STATE OF IOWA, DUBUQ E COUNTY, ss:
On this � day of - , 2021, before me a Notary Public in and for said
County and said State, personally appeared Danny C. Sprank and Adrienne N.
Breitfelder, to me personally known, who, being by me duly sworn, did say that they are
the Mayor Pro Tern and City Clerk respectively, of the City of Dubuque, Iowa; that said
instrument was signed on behalf of said City of Dubuque by authority of Resolution No.
309-21 and that the said Danny C. Sprank and Adrienne N. Breitfelder as such officers,
acknowledged the execution of said instrument to be the voluntary act and deed of said
municipal corporation, by it and by them voluntarily executed.
�,�"'."` • PAMELA J. MCCARRON
R
x Commission Number 772419
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My Comm. E_
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Returned to: Adrienne Breitfelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-
4100
RESOLUTION NO. 309-21
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 14A OF O'HARE'S
SUBDIVISION, IN THE CITY OF DUBUQUE, 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 the 20th day of August, 2021, the City
Council of the City of Dubuque, Iowa met by in person and/or by virtual means on
the 7th day of September, 2021, at 6:30 p.m. in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County,
Iowa to consider the proposal for the sale of real estate described as:
Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the conveyance of City of Dubuque real property
described as Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa, to
University of Dubuque be and the same is hereby approved. Conveyance shall be
by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver
said deed of conveyance to University of Dubuque.
Section 3. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 7th day of September 2021.
Roy D. Buol, Mayor
Attest:
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'1 64-&
Adrienne N. Breitfelder, Ci y Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City 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. 309-21 is a
true and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 15th day of September, 2021.
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
08/20/2021
and for which the charge is 61.36
Subscribed to be re me, a Notaryblic in and for
Dubuque County, Iowa,
this 20th day of August, 2021
(7)n� �< 240� -)
Notary u lic in and for Dubuque lCounty, Iowa.
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Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct a public hearing on the 7th day of September
2021, at 6:30 p.m., in the Historic Federal Building, 350 W.
6th Street, 2nd floor, Dubuque, Iowa, at which meeting the
City Council proposes to vacate and convey a portion of the
Grace Street right of way over the following described real
property to University of Dubuque:
A portion of the Grace Street right of way between Algona
Street and McCormick Street, in the City of Dubuque, Iowa
At the meeting, the City Council will receive written,
in -person, and virtual comments from any resident or property
owner of said City to the above action. The official agenda
will be posted the Friday before the meeting and will contain
public input options. The City Council agenda can be accessed
at https://cityofdubuque.novusagenda.conVAgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearing may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 16th day
of August 2021.
Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 284-21
RESOLUTION OF INTENT TO VACATE A PORTION OF GRACE STREET, IN
THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 14A OF OHARES
SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has entered into an agreement
with University of Dubuque for the sale of City Owned property
including a portion of the Grace Street right of way between
Algona Street and McCormick Street, in the City of Dubuque,
Iowa, in the City of Dubuque, Iowa; and
Whereas, the University of Dubuque has requested the
vacation of a portion of Grace Street and the conveyance of
the property to University of Dubuque per said agreement; and
Whereas, WHKS & Co. has prepared and submitted to the City
Council a plat showing the proposed vacated area of Grace
Street right of way between Algona Street and McCormick
Street, in the City of Dubuque, Iowa, Iowa and assigned a lot
number thereto, which hereinafter shall be known and described
as Lot 14A in OHares Subdivision, in the City of Dubuque,
Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate Lot
14A in OHares Subdivision, in the City of Dubuque, Iowa.
Section 2. That a public hearing, and/or by virtual means,
on the intent to vacate Lot 14A of OHares Subdivision, in the
City of Dubuque, Iowa is hereby set for the 7th day of
September, 2021, at the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City
Clerk be and is hereby authorized and directed to cause a
notice of public hearing on the intent to vacate said real
estate to be published in the manner as prescribed by law.
Passed, approved and adopted this 16th day of August, 2021.
Danny C. Sprank, Mayor Pro Tern
Attest: Adrienne N. Breitfelder, City Clerk
It 8/20
1
Adrienne Breitfelder
From:Adrienne Breitfelder
Sent:Tuesday, September 28, 2021 2:19 PM
To:Kevin Dragotto; Troy Patzner
Subject:City of Dubuque Disposal of Lot 14A of O'Hare's Subdivision
Attachments:Resolution No. 309-21.pdf
Kevin and Troy,
Attached is a certified copy of City of Dubuque Resolution No. 309-21 Disposing of City interest in Lot 14A of O’Hare’s
Subdivision. A copy of this resolution was recorded with the quit claim deed.
Please let me know if you have any questions.
Thank you,
Adrienne Breitfelder (she/her/hers)
City Clerk
O: 563.589.4121 | C: 563.581.6473
City Hall | 50 W. 13th Street, Dubuque, IA, 52001