Disposal of City Interest in Previously Vacated Street and Alley Right of Way Areas, in the City of Dubuque, Iowa_InitiateCity of Dubuque
City Council Meeting
Copyrighted
October 3, 2022
Items to be set for Public Hearing #
01.
ITEM TITLE: Disposal of City Interest in Previously Vacated Street and Alley Right of
Way Areas, in the City of Dubuque, Iowa
SUMMARY: City Manager recommending City Council approve setting a public
hearing for October 17, 2022, for the sale of certain previously vacated
street and alley right of ways at the Dubuque Golf and Country Club
(DGCC) property at 1800 Randall Place, Dubuque Iowa.
RESOLUTION Intent to dispose of City interest in vacated streets and
alleys, Being Part Of St. Joseph Street; All Of Altman Street; All Of
Kiene Street; All Of The Unnamed Streets Situated Between Lots 149
And 150 In Grand View Place; All Of Mcpherson Street; All Of Sterling
Street; A Part Of Perry Street; All Of Morgan Street; A Part Of Park
Street (Now Called Randall Place); A Part Of Dunning Street; A Part Of
Henderson Street; A Part Of Rider St Eet; All Of The Alley In Grand
View Place Between Altman And Kiene Streets; A Part Of The Alley
Between Perry And Bradley Streets; All Of The Alley Lying Through
Block Eight (8) Of Grand View Park; All Of The Alley I n Grand View Park
Lying Easterly Of Block Sixteen (16); All Of The Alley Located In The
Easterly Part Of Grand View Place; And All Of The Alley Extending
Through Block Fourteen (14); All Being In The City Of Dubuque, Iowa,
And All As Per 1923 Dubuque City Council Special Ordinance,
Document No. 1295-96, To Be Known As Lot Aa And Lot Bb Of Grand
View Place, In The City Of Dubuque, Iowa
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for October
DISPOSITION: 17, 2022Suggested Disposition:
ATTACHMENTS:
Description Type
Dispose of City Interest in Previously Vacated Street
and Alley Right of Way Dubuque Golf and Country City Manager Memo
Club-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Notice of Hearing Supporting Documentation
Plat of Survey Supporting Documentation
Agreement Supporting Documentation
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Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Disposal of City Interest in Previously Vacated Street and Alley Right of
Way Areas, in the City of Dubuque, Iowa
(Per Agreement with Dubuque Golf and Country Club at 1800 Randall
Place)
DATE: September 28, 2022
City Engineer Gus Psihoyos is recommending City Council approve to set a public
hearing for October 17, 2022, for the sale of certain previously vacated street and alley
right of ways at the Dubuque Golf and Country Club (DGCC) property at 1800 Randall
Place, Dubuque Iowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k�4
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
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Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Disposal of City Interest in Previously Vacated Street and Alley Right of
Way Areas, in the City of Dubuque, Iowa
(Per Agreement with Dubuque Golf and Country Club at 1800 Randall
Place)
DATE: September 26, 2022
INTRODUCTION
The purpose of this memorandum is to request City Council approval to set a public
hearing for the sale of certain previously vacated street and alley right of ways at the
Dubuque Golf and Country Club (DGCC) property at 1800 Randall Place, Dubuque
Iowa.
BACKGROUND
In April of 2021 the City of Dubuque entered into an agreement (see agreement
attached) with DGCC for the sale of City owned property to be used for their proposed
parking lot improvements between the main country club facility and Bradley Street.
The property to be conveyed to DGCC includes a portion of the Randall Place street
right of way south of Bradley Street. The area contains a portion of the public Randall
Place street pavement that runs into the existing DGCC parking lot. The proposed
improvement plans include a private parking lot across the subject Randall Place right
of way area. Last year the City conveyed the vacated Randall Place street right of way
to DGCC.
During the review process for the request to vacate a portion of Randall Place, it was
discovered that in a 1923 City Council Special Ordinance, the City Council vacated
approximately 11 acres of street rights of way under portions of the current golf course
property and granted the owners the right to use the land but did not convey the land in
fee. The ordinance also stated that the country club could use the land "until such a
time as the City Council of the City of Dubuque may deem it necessary or expedient to
again use said lands for public purposes or make some other dispositions of the same".
A map of the location of the subject 11 acre area is shown on Exhibit B of the attached
agreement.
DISCUSSION
In order to clear up the issue with the approximately 11 acres of right of way, the
agreement also proposes the sale of said right of way areas that were vacated by the
1923 City Council Special Ordinance to DGCC for a lump sum of $67,000 (based on
50% of current county assessment rate with reservation of utility easements or
approximately $0.14/sf). In order for the City to convey this property to DGCC, the
County Auditor required the land be surveyed and platted to comply with County
ordinances. Conveyance of the previously vacated street and alley areas to DGCC will
be by Quit Claim Deed. DGCC is responsible for all associated publication and
filing/recording fees.
Per the agreement, DGCC has paid for and completed the surveying and platting of the
alley area to be conveyed. The attached plat shows the previously vacated right of way
areas. The right of way area is to be known as Lot AA and Lot BB of Grand View Place,
in the City of Dubuque, Iowa. The City of Dubuque will reserve an easement for
existing utilities over the southerly portions of Lot AA and Lot BB as shown on the plat.
RECOMMENDATION
I am recommending that a public hearing should be held on October 17, 2022, for the
disposal of the previously vacated right of way property described as Lot AA and Lot BB
of Grand View Place, in the City of Dubuque, Iowa.
ACTION TO BE TAKEN
I respectfully request that a public hearing be held on October 17, 2022, for the disposal
of the previously vacated right of way property described as Lot AA and Lot BB of
Grand View Place, in the City of Dubuque, Iowa through adoption of the enclosed
resolution.
Prepared by Nate Kieffer, PE/PLS
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. 13'h St. Dubuque, IA 52001
RESOLUTION NO. 316-22
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN VACATED STREETS
AND ALLEYS, BEING PART OF ST. JOSEPH STREET; ALL OF ALTMAN STREET;
ALL OF KIENE STREET; ALL OF THE UNNAMED STREETS SITUATED BETWEEN
LOTS 149 AND 150 IN GRAND VIEW PLACE; ALL OF MCPHERSON STREET; ALL
OF STERLING STREET; A PART OF PERRY STREET; ALL OF MORGAN STREET;
A PART OF PARK STREET (NOW CALLED RANDALL PLACE); A PART OF
DUNNING STREET; A PART OF HENDERSON STREET; A PART OF RIDER ST EET;
ALL OF THE ALLEY IN GRAND VIEW PLACE BETWEEN ALTMAN AND KIENE
STREETS; A PART OF THE ALLEY BETWEEN PERRY AND BRADLEY STREETS, -
ALL OF THE ALLEY LYING THROUGH BLOCK EIGHT (8) OF GRAND VIEW PARK;
ALL OF THE ALLEY IN GRAND VIEW PARK LYING EASTERLY OF BLOCK SIXTEEN
(16); ALL OF THE ALLEY LOCATED IN THE EASTERLY PART OF GRAND VIEW
PLACE; AND ALL OF THE ALLEY EXTENDING THROUGH BLOCK FOURTEEN (14);
ALL BEING IN THE CITY OF DUBUQUE, IOWA, AND ALL AS PER 1923 DUBUQUE
CITY COUNCIL SPECIAL ORDINANCE, DOCUMENT NO. 1295-96, TO BE KNOWN
AS LOT AA AND LOT BB OF GRAND VIEW PLACE, IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque has, per Resolution 94-21, agreed to the sale of
City Owned property including the vacated streets and alleys as described in the 1923
Dubuque City Council Special Ordinance recorded in the Dubuque County Recorder's
Office as Document Number 1295-9620, in the City of Dubuque, Iowa, to the Dubuque
Golf and Country Club; and
Whereas, the Dubuque Golf and Country Club has requested the conveyance of
said street and alley right of way per the agreement; and
Whereas, Buesing and Associates, Inc. has prepared and submitted to the City
Council a plat showing the real estate hereinabove described, in the City of Dubuque,
Iowa and assigned a lot numbers thereto, to be known as Lot AA and Lot BB of Grand
View Place, 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 dispose of its interest in Lot AA
and Lot BB of Grand View Place, in the City of Dubuque, Iowa, as shown on the attached
Exhibit A.
Section 2. That a public hearing, and/or by virtual means, on the intent to dispose
of City interest in Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa
is hereby set for the 17th day of October, 2022, at the Historic Federal Building, 350 W.
1
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 3rd day of October, 2022.
Attest: l//%%,,�
lam' -�. &//i��
Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 17th day of October 2022, 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 convey previously vacated street and alley right of way over the following described
real property to the Dubuque Golf and Country Club:
Part Of St. Joseph Street; All Of Altman Street; All Of Kiene Street ; All Of The
Unnamed Streets Situated Between Lots 149 And 150 In Grand View Place ; All Of
Mcpherson Street; All Of Sterling Street; A Part Of Perry Street; All Of Morgan
Street; A Part Of Park Street (Now Called Randall Place); A Part Of Dunning
Street; A Part Of Henderson Street; A Part Of Rider St Eet; All Of The Alley In
Grand View Place Between Altman And Kiene Streets; A Part Of The Alley
Between Perry And Bradley Streets; All Of The Alley Lying Through Block Eight
(8) Of Grand View Park; All Of The Alley In Grand View Park Lying Easterly Of
Block Sixteen (16); All Of The Alley Located In The Easterly Part Of Grand View
Place; And All Of The Alley Extending Through Block Fourteen (14); All Being In
The City Of Dubuque, Iowa, And All As Per 1923 Dubuque City Council Special
Ordinance, Document No. 1295-96, To Be Known As Lot AA And Lot BB Of Grand
View Place, In The City Of Dubuque, Iowa
At the meeting, the City Council will receive 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.com/AgendaPublic/ or by contacting the City Clerk's
Office at 563-589-4100, ctyclerk@cityofdubuque.org. At said time and place of public
hearings all interested citizens and parties will be given an opportunity to be heard for
or against said proposal.
Written comments regarding the above public hearings 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. At said
time and place of public hearings the City Council will receive any written comments
received by the City Clerk's Office 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 3rd day of October 2022.
Adrienne N. Breitfelder, City Clerk
Plat of Survey (Right of Way Vacation) of:
Lot AA and Lot BB of Grand View Place
being comprised of Part of St. Joseph Street; all of Altman
Street; all of Kiene Street; all of the unnamed streets situated
between Lots 149 and 150 in Grand View Place; all of
McPherson Street; all of Sterling Street; a part of Perry Street;
all of Morgan Street; a part of Park Street (now called Randall
Place); a part of Dunning Street; a part of Henderson Street;
a part of Rider Street; all of the alley in Grand View Place
between Altman and Kiene Streets; a part of the alley between
Perry and Bradley Streets; all of the alley lying through Block
eight (8) of Grand View Park; all of the alley in Grand View
Park lying easterly of Block sixteen (16); all of the alley located
in the easterly part of Grand View Place; and all of the alley
extending through Block fourteen (14); all being in the City of
Dubuque, Iowa.
As per 1923 Dubuque City Council Special Ordinance,
Document No. 1295-96
LEGEND
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PUBLIC UTILITY EASEMENT
VACATED RIGHT OF WAY AREA
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET,
DUBUQUE. IOWA PHONE: (563) 556-4389
INDEX LEGEND
Location:
Lot AA and Lot BB of Grand View Place
SE 1/4 of Section 26 &
NE1/4 of Section 35, T89N, R2E
of the 5th P.M., Dubuque County, Iowa
Requestor:
Dubuque Golf & Country Club
Proprietor:
City of Dubuque
50 W. 13th St., Dubuque, IA 52001
Surveyor:
Terry L. Koelker
Company:
Buesing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001
Return To:
tlkoelker@buesing.com (563) 556-4389
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0' 200' 400' 800,
SCALE: 1" = 400'
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS Y ME
PREPARED AND MED B
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(563) 556-4389
NOTES
1.ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
Jo KOELKER�
_ _ _ _
/it2.TOTAL
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DRAWN BY: JJL CHECKED BY: TLK
SURVEY DATE: 9/01 /2021
15487
ERRY L. KOE R(D
AREA OF PERIMETER SURVEYED IS 45.317 ACRES.
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15487
PLOT DATE: 9/9/2022 SCALE: 1" = 400'
3.TOTAL VACATED AREA IS 11,632 ACRES (506,687 SF).
PLAT 1 JECT ALL RECORD AND RECORD.
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ENGINEERS AND SURVEYORS
1212 LOCUST ST, DUBUOUE, IA
(563) 556-4389
DRAWN BY: JJL CHECKED BY: TLK
SURVEY DATE: 9/01/2021
PLOT DATE: 9/9/2022 SCALE: 1" = 150'
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NO MONUMENTATION PLACED
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PROPERTY LINE
EASEMENT LINE
SF
SOUARE FEET
IP
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IDOT
IOWA DEPARTMENT OF TRANSPORATION
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PUBLIC UTILITY EASEMENT
; /,11 i-X6 _' I,'/,,-, ,;, VACATED RIGHT OF WAY AREA
<°7 CITY RESERVED EASEMENT
0' 75' 150' 300'
SCALE: 1" = 150'
DETAIL:
NOT TO SCALE
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CITY TO RESERVE
PUE OVER THIS AREA
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&JUEASI�NNG
ENGINEERS AND SURVEYORS
1212 LOCUST ST. DUBUQUE, IA
(563) 556-4389
DRAWN BY: JJL CHECKED BY: TLK
SURVEY DATE: 9/01/2021
PLOT DATE: 9/9/2022 SCALE: N\A
OWG. NO. 19324-01 BOUNDARY
SHEET 5 OF 8
Sheet 6 of 8
Surveyor's Certificate
I, Terry L. Koelker, 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 (Right of Way Vacation) of: Lot AA and Lot BB of Grand View Place being comprised of a part of St.
Joseph Street; all of Altman Street; all of Kiene Street; all of the unnamed streets situated between Lots 149 and 150
in Grand View Place; all of McPherson Street; all of Sterling Street; a part of Perry Street; all of Morgan Street; a part
of Park Street (now called Randall Place); a part of Dunning Street; a part of Henderson Street; a part of Rider
Street; all of the alley in Grand View Place between Altman and Kiene Streets; a part of the alley between Perry and
Bradley Streets; all of the alley lying through Block eight (8) of Grand View Park; all of the alley in Grand View Park
lying easterly of Block sixteen (16); all of the alley located in the easterly part of Grand View Place; and all of the
alley extending through Block fourteen (14); all being in the City of Dubuque, Iowa. As per Document #1295-96.
This survey was performed for the purpose of platting and vacating the Right of Way of part of St. Joseph Street; all of
Altman Street; all of Kiene Street; all of the unnamed streets situated between Lots 149 and 150 in Grand View
Place; all of McPherson Street; all of Sterling Street; a part of Perry Street; all of Morgan Street; a part of Park Street
(now called Randall Place); a part of Dunning Street; a part of Henderson Street; a part of Rider Street; all of the
alley in Grand View Place between Altman and Kiene Streets; a part of the alley between Perry and Bradley Streets;
all of the alley lying through Block eight (8) of Grand View Park; all of the alley in Grand View Park lying easterly of
Block sixteen (16); all of the alley located in the easterly part of Grand View Place; and all of the alley extending
through Block fourteen (14); all being in the City of Dubuque, Iowa. The Total area being vacated is 11.632 acres
(506,687 Square Feet). Lot AA having an area of 11.607 acres (505,603 Square Feet). Lot BB having an area of 0.025
acres (1,084 Square Feet). All Lot areas are more or less, and all Lots are 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.
Terry L. K elker Date
Licensed Land Surveyor
License No. 15487 License Renewal Date 12/31/23
Owner's Consent
Dubuque, Iowa
2022
The foregoing Plat of Survey (Right of Way Vacation) of: Lot AA and Lot BB of Grand View Place being comprised of a
part of St. Joseph Street; all of Altman Street; all of Kiene Street; all of the unnamed streets situated between Lots
149 and 150 in Grand View Place; all of McPherson Street; all of Sterling Street; a part of Perry Street; all of Morgan
Street; a part of Park Street (now called Randall Place); a part of Dunning Street; a part of Henderson Street; a part
of Rider Street; all of the alley in Grand View Place between Altman and Kiene Streets; a part of the alley between
Perry and Bradley Streets; all of the alley lying through Block eight (8) of Grand View Park; all of the alley in Grand
View Park lying easterly of Block sixteen (16); all of the alley located in the easterly part of Grand View Place; and
all of the alley extending through Block fourteen (14); all being 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. The City hereby
reserves a Public Utility Easement over Lot AA and BB as shown on Sheet 5 of 8 for Existing Utilities.
CITY OF DUBUQUE
Mayor of the City of Dubuque
Clerk of the City of Dubuque
State of Iowa )
County of Dubuque ) ss:
On this day of , AD 2022, before me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared, Brad Cavanagh, the Mayor of the City of Dubuque, and Adrienne N. Breitfelder, the Clerk of the
City of Dubuque, to me personally known, who being by me duly sworn, did say that said Brad Cavanagh is the Mayor of the
City of Dubuque, and said Adrienne N. Breitfelder is the Clerk of the City of Dubuque, and that the seal affixed to the above
instrument was signed on behalf of said City of Dubuque, by authority of the City of Dubuque, and that said Brad Cavanagh,
the Mayor of the City of Dubuque, and Adrienne N. 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.
Notary Public in and for the State of Iowa
City of Dubuque Planning Services
Dubuque, Iowa
Sheet 7 of 8
12022
The foregoing Plat of Survey (Right of Way Vacation) of: Lot AA and Lot BB of Grand View Place being
comprised of a part of St. Joseph Street; all of Altman Street; all of Kiene Street; all of the unnamed
streets situated between Lots 149 and 150 in Grand View Place; all of McPherson Street; all of Sterling
Street; a part of Perry Street; all of Morgan Street; a part of Park Street (now called Randall Place); a part
of Dunning Street; a part of Henderson Street; a part of Rider Street; all of the alley in Grand View Place
between Altman and Kiene Streets; a part of the alley between Perry and Bradley Streets; all of the alley
lying through Block eight (8) of Grand View Park; all of the alley in Grand View Park lying easterly of
Block sixteen (16); all of the alley located in the easterly part of Grand View Place; and all of the alley
extending through Block fourteen (14); all being 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 Department
Bv-
City Planner of the City of Dubuque, IA
City of Dubuque, Iowa
Dubuque, Iowa
, 2022
The undersigned, Brad Cavanagh, Mayor and Adrienne N. Breitfelder, Clerk of the City of Dubuque, Iowa, do
hereby certify that the foregoing Plat of Survey (Right of Way Vacation) of: part of St. Joseph Street; all of
Altman Street; all of Kiene Street; all of the unnamed streets situated between Lots 149 and 150 in Grand
View Place; all of McPherson Street; all of Sterling Street; a part of Perry Street; all of Morgan Street; a
part of Park Street (now called Randall Place); a part of Dunning Street; a part of Henderson Street; a
part of Rider Street; all of the alley in Grand View Place between Altman and Kiene Streets; a part of the
alley between Perry and Bradley Streets; all of the alley lying through Block eight (8) of Grand View
Park; all of the alley in Grand View Park lying easterly of Block sixteen (16); all of the alley located in the
easterly part of Grand View Place; and all of the alley extending through Block fourteen (14); all being in
the City of Dubuque, Iowa, as appears heretofore has been filed on day of
, 2022 as resolution # in the office of the City Clerk of Dubuque, Iowa
and that the City Council of the City of Dubuque, Iowa approves said plat.
Mayor of the City of Dubuque, IA
Clerk of the City of Dubuque, IA
City Assessor's Certificate
Dubuque, Iowa
12022
The foregoing Plat of Survey (Right of Way Vacation) of: Lot AA and Lot BB of Grand View Place being
comprised of a part of St. Joseph Street; all of Altman Street; all of Kiene Street; all of the unnamed
streets situated between Lots 149 and 150 in Grand View Place; all of McPherson Street; all of Sterling
Street; a part of Perry Street; all of Morgan Street; a part of Park Street (now called Randall Place); a part
of Dunning Street; a part of Henderson Street; a part of Rider Street; all of the alley in Grand View Place
between Altman and Kiene Streets; a part of the alley between Perry and Bradley Streets; all of the alley
lying through Block eight (8) of Grand View Park; all of the alley in Grand View Park lying easterly of
Block sixteen (16); all of the alley located in the easterly part of Grand View Place; and all of the alley
extending through Block fourteen (14); all being 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 the County of Dubuque, Iowa
County Auditor
Dubuque, Iowa
Sheet 8 of 8
2022
The foregoing Plat of Survey (Right of Way Vacation) of: Lot AA and Lot BB of Grand View Place being
comprised of a part of St. Joseph Street; all of Altman Street; all of Kiene Street; all of the unnamed
streets situated between Lots 149 and 150 in Grand View Place; all of McPherson Street; all of Sterling
Street; a part of Perry Street; all of Morgan Street; a part of Park Street (now called Randall Place); a part
of Dunning Street; a part of Henderson Street; a part of Rider Street; all of the alley in Grand View Place
between Altman and Kiene Streets; a part of the alley between Perry and Bradley Streets; all of the alley
lying through Block eight (8) of Grand View Park; all of the alley in Grand View Park lying easterly of
Block sixteen (16); all of the alley located in the easterly part of Grand View Place; and all of the alley
extending through Block fourteen (14); all being in the City of Dubuque, Iowa, was entered of record in the
office of the Dubuque County Auditor this day of 12022.
We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque, Iowa
Recorder's Certificate
Dubuque, Iowa 12022
The foregoing Plat of Survey (Right of Way Vacation) of: Lot AA and Lot BB of Grand View Place being
comprised of a part of St. Joseph Street; all of Altman Street; all of Kiene Street; all of the unnamed
streets situated between Lots 149 and 150 in Grand View Place; all of McPherson Street; all of Sterling
Street; a part of Perry Street; all of Morgan Street; a part of Park Street (now called Randall Place); a part
of Dunning Street; a part of Henderson Street; a part of Rider Street; all of the alley in Grand View Place
between Altman and Kiene Streets; a part of the alley between Perry and Bradley Streets; all of the alley
lying through Block eight (8) of Grand View Park; all of the alley in Grand View Park lying easterly of
Block sixteen (16); all of the alley located in the easterly part of Grand View Place; and all of the alley
extending through Block fourteen (14); all being in the City of Dubuque, Iowa, has been reviewed by the
Dubuque County Recorder.
Dubuque County Recorder
City of Dubuque
City Council Meeting
Consent Items # 11.
Copyrighted
April 5, 2021
ITEM TITLE: Agreement with Dubuque Golf & Country Club at 1800 Randall Place
SUMMARY: City Manager recommending approval of an agreement with Dubuque
Golf and Country Club related to the vacation and sale of certain street
right of -ways at the Dubuque Golf and Country Club property at 1800
Randall Place, Dubuque, Iowa.
RESOLUTION Approving an agreement between the City of Dubuque,
Iowa and Dubuque Golf and Country Club
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Dubuque Golf and Country Club Agreement-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
THE CITY OF
Dubuque
DUB E
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Masterpiece PP
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with Dubuque Golf and Country Club at 1800 Randall Place
DATE: April 1, 2021
City Engineer Gus Psihoyos recommends City Council approval of an agreement with
Dubuque Golf and Country Club related to the vacation and sale of certain street
right-of-ways at the Dubuque Golf and Country Club property at 1800 Randall Place,
Dubuque, Iowa.
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
THE CE
F Dubuque
DUI6--B NI-AmedcaCRY
11111.1
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Agreement with Dubuque Golf and Country Club at 1800 Randall Place
DATE: March 31, 2021
INTRODUCTION
The purpose of this memorandum is to request City Council approval of an agreement
with Dubuque Golf and Country Club (DGCC) related to the vacation and sale of certain
street right of ways at the DGCC property at 1800 Randall Place, Dubuque Iowa.
BACKGROUND
The City of Dubuque has entered into an agreement (see agreement attached) with
DGCC for the sale of City owned property to be used for their proposed parking lot
improvements between the main country club facility and Bradley Street. The property
to be conveyed to DGCC includes a portion of the Randall Place street right of way
south of Bradley Street. The area contains a portion of the public Randall Place street
pavement that runs into the existing DGCC parking lot. The proposed improvement
plans include a private parking lot across the subject Randall Place right of way area.
During the review process for the request to vacate a portion of Randall Place, it was
discovered that in a 1923 City Council Special Ordinance, the City Council vacated
approximately 11 acres of street rights of way under portions of the current golf course
property and granted the owners the right to use the land but did not convey the land in
fee. The ordinance also stated that the country club could use the land "until such a
time as the City Council of the City of Dubuque may deem it necessary or expedient to
again use said lands for public purposes or make some other dispositions of the same".
A map of the location of the subject 11 acre area is shown on Exhibit B of the attached
agreement.
DISCUSSION
Randall Place Right of Way
In working with DGCC, City staff has prepared an agreement for the vacation and sale
of the properties described above. The agreed upon price for the vacation and sale of
the 8,100 square feet of Randall Place street right of way area is $32,197.00 (50% of
$7.95/sf because the City is reserving a public utility easement). DGCC will be
responsible for all surveying/platting costs, publication and filing fees. DGCC will
assume ownership and maintenance of the existing storm sewer utilities in the vacate
area. The City will reserve a public utility easement over the entire Randall Place street
right of way area to accommodate all existing utilities.
11 Acres in 1923 City Council Special Ordinance
In order to clear up the issue with the approximately 11 acres of right of way, the
agreement also proposes the sale of the areas that were vacated by the 1923 City
Council Special Ordinance to DGCC for a lump sum of $67,000 (based on 50% of
current county assessment rate with reservation of utility easements or approximately
$0.14/sf). In order for the City to convey this property to DGCC, the County Auditor is
requiring the land be surveyed and platted to comply with County ordinances. Because
the 11 acre area still needs to be surveyed by DGCC, the public hearing and sale of this
property is proposed to be delayed until the deadline of September 1, 2021. The
agreement also sets forth a no interest payment schedule for 11 acres purchase, with
the first payment on September 1, 2021 and final payment on October 1, 2022. DGCC
will be responsible for all publication and filing fees. The City will reserve a public utility
easement over the 11 acre area street right of way to accommodate any existing
utilities.
A copy of the agreement executed by DGCC is attached.
RECOMMENDATION
I recommend that the City approve the Agreement for the vacation and sale of certain
street right of ways at the DGCC property at 1800 Randall Place, Dubuque Iowa per the
terms of the attached Agreement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving said Agreement and
authorizing the City Manager to execute said agreement.
Attach.
Prepared by: Nate Kieffer, PE/PLS
Prepared by Nate Kieffer, City of Dubuque Engineering 50 W. 13t" St. Dubuque, IA 52001
Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 13t" St. Dubuque, IA 52001
RESOLUTION NO. 94-21
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND DUBUQUE GOLF AND COUNTRY CLUB
Whereas, the City of Dubuque is party to an Agreement with Dubuque Golf and
Country Club (DGCC) related to the vacation and sale of certain street right of ways at the
DGCC property at 1800 Randall Place in Dubuque, Iowa; and
Whereas, DGCC is requesting the vacation and sale of the approximately 8,100
square feet of the Randall Place right of way south of Bradley Street, in order to
accommodate the construction of new parking lot serving the golf course; and
Whereas, DGCC is requesting the sale of approximately 11 acres of vacated right of
way included in the 1923 City Council Special Ordinance (attached to and made part of the
agreement as Exhibit A and as approximately shown on the map labelled Exhibit B) situated
within the current golf course property; and
Whereas, DGCC and City desire to enter into an agreement with respect to the
proposed vacation and sale of said right of way and vacated right of way as set forth herein;
and
Whereas, a copy of the Agreement is attached hereto; and
Whereas, Dubuque Golf and Country Club, has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement
on behalf of the City of Dubuque
Passed, approved, and adopted this 5t" day of April, 2021.
Y,- g /1,/
Roy D. B I, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
JCO Rev. 04/01 /21
AGREEMENT
BETWEEN
DUBUQUE GOLF AND COUNTRY CLUB
AND
THE CITY OF DUBUQUE, IOWA
This Agreement, dated for reference purposes the J- day of JIS-Fe1 L-- , 2021,
is made and executed between the City of Dubuque, Iowa, (City), a municipal corporation,
and Dubuque Golf and Country Club (DGCC).
Whereas, DGCC is requesting the vacation and sale of the 8,100 square feet of
the Randall Place right of way south of Bradley Street, in order to accommodate the
construction of new parking lot serving the golf course; and
Whereas, DGCC is requesting the sale of the 11 acres of previously vacated right
of way included in the 1923 City Council Special Ordinance (attached to and made part
of this agreement as Exhibit A) situated within the current golf course property; and
Whereas, DGCC and City desire to enter into an agreement with respect to the
proposed sanitary sewer extensions and repairs to the Property damage as set forth
herein.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1. CITY RESPONSIBILITIES.
1.1 To vacate and sell approximately 8,100 square feet of Randall Place right-of-
way, shown on Exhibit A, to DGCC for $32,197.00, which is 50% of $7.95/sf for
reserving a public utility easement, to accommodate the proposed entrance and
parking lot improvements.
1.2To sell approximately 11 acres of right-of-way, shown on Exhibit B, included in
the 1923 City Council Special Ordinance, attached as Exhibit C, to DGCC for
$67,000, which is approximately $0.14/sf.
1.3 City will reserve a public utility easement over the entirety of the vacated Randall
Place right of way. This easement will 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.
4The City will reserve easements over portions of the previously vacated 11 acres
of right-of-way, shown on Exhibit B, where there are existing City owned utilities.
The existing easements will be identified by September 1, 2021.
03312021 cb
1.5 Upon receipt of the plats of survey for the areas proposed to be vacated and
purchased, the requests will be taken to the City Council to be set for a public
hearing and formal approval.
1.6After the public hearing approvals by the City Council and receipt of the
publication and filing fees, the City will execute Quit Claim Deeds for the vacated
property and record the deeds.
SECTION 2. DGCC RESPONSIBILITIES.
2.1 Submit a request to vacate in writing to:
The Honorable Mayor and City Council
50 West 13th Street
Dubuque, Iowa 52001
with reasons for the proposed vacating and a sketch or plat of the area to be
vacated.
2.2 Purchase the Randall Place vacated right-of-way area, shown on Exhibit A,
for the amount of $32,197.00.
2.3 Purchase the approximate 11 acres of right-of-way shown on Exhibit B and
included in the 1923 City Council Special Ordinance shown in Exhibit C for
$67,000. The closing on the property shall be no later than September 1, 2021.
This allows time for the required boundary surveying work to be completed by
DGCC. DGCC will pay the agreed upon purchase price amount to the City
according to the following schedule:
One third (1 /3) by September 1, 2021,
One third (1 /3) by October 1, 2021, and
One third (1 /3) by October 1, 2022.
The City is willing to allow the agreed upon purchase price for the 11 acres to
be paid at no interest until October 1 of 2022.
2ADGCC is responsible for paying all surveying, publication, and filing fees of
$200 associated with the vacating and sale processes.
2.5 Plats of survey must be prepared at DGCC's expense by a Licensed Land
Surveyor for the Randall Place and 11 acres being purchased by DGCC. This
will show the boundaries of the area and assign a legal description to the
properties.
2.6 DGCC will assume ownership and maintenance of the existing storm sewer in
the area of the vacated Randall Place right-of-way.
2
2.7 DGCC reserves the right to obtain a title and lien search, at DGCC's expense,
for the approximately 11 acres of right-of-way shown on Exhibit B. In the event
a title and lien search shows the City does not have marketable title, the City
will work with DGCC to clear up any title issues. If the title cannot be made
marketable with reasonable efforts, DGCC can proceed with the purchase or
be excused from purchasing the 11 acres of right-of-way.
SECTION 3. NOTICES.
All notices and correspondence related to this Agreement must be sent to the following:
If to Developer: Dubuque Golf and Country Club
1800 Randall Place
Dubuque, IA 52003
If to City: City of Dubuque, Iowa
Attention: Gus Psihoyos, City Engineer
50 West 13th Street
Dubuque, Iowa 52001
SECTION 4. DEFAULT.
In the event of default by DGCC, City reserves the right to seek specific performance in
Iowa District Court for Dubuque County.
SECTION 5. MISCELLANEOUS.
5.1 This Agreement may not be assigned without the prior written permission of the
City. Such written approval will not be unreasonably withheld.
5.2 This Agreement represents the entire Agreement between the parties. There are
no verbal additions to this Agreement, and all amendments, additions or changes to this
Agreement must be in writing and agreed to by both parties.
5.3 All covenants, conditions, and provisions of this Agreement will inure to the benefit
of and be binding upon the parties hereto and their respective successors, heirs and
assigns.
5.4 This Agreement is governed by the laws of the state of Iowa and venue for any
action arising from or related to this Agreement will be in the District Court of Iowa,
Dubuque County, Iowa.
5.5 If any term of this Agreement is found to be void or invalid, such invalidity will not
affect the remaining terms of this Agreement, which will continue in full force and effect.
3
CITY OF DUBUQUE, IOWA
Michael . Van Milligen
City Manager
DUBUQUE GOLF & COUNTRY CLUB
By:
rting, Genbral Kpnager
Special Achievement in GIS EXHIBITA
2018 Award Winner RANDALL PLACE DUBU( E
VACATE AREA
EXHIBIT B
THE CITY OF
D-UB E Dubuque Golf & Country Club: EXHIBIT B
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EXHIBIT C
1923 Ordinance
SPECIAL ORDINANCE
030
'96 FEf 5 M P59
KATHY FL' THURLOY1
COUNTY a=GO;?DE.1
DUBUQUE CO., 1OWA FEES
pd1. 00
An Ordinance vacating certain Streets and alleys and parts of
Streets and alleys, namely, to -wit:
Part of St. Joseph Street; all of Altman Street; all of Kiene
street; all of the unnamed streets situated between Lots 149 and 150 in
Grand View Place; all of McPherson Street; all of Sterling Street; a
part of Perry Street; all of Morgan Street; a part of Park Street (now
called Randall place) ; a -part of Dunning Street; a part of Henderson
Street; a part of Rider street; all of the alley in Grand View Place
between Altman and Kiene Streets; a part of the alley between Perry
and Bradley Streets; all of the alley lying through Block eight (8) of
Grand View Park; all of the alley in Grand View Park lying easterly of
Block .sixteen (16) ; all of the alley located in the easterly part of Grand
View place; and all of the alley extending through Block fourteen (14);
and granting to the Country Club Company the use of the lands which
formerly comprised said streets and alleys.
Whereas the streets. parts of streets, the alleys and parts of
alleys. herein vacated have been platted as public streets and been
platted' and dedicated as public streets and alleys but the same have
never been opened for public use or travel and there is no demand for
their use as. public thoroughfares at this time nor is there any
indication that they will be needed for a long time to come; and
Whereas such streets and alleys, as located now extend
through the premises owned by the Country Club Company and have
been used by said'Company as a part of its property, said Streets and
alleys being unimproved, unfenced and unused by the public; and
Whereas the Country Club Company desires the use of the
lands which comprise said Streets and alleys in connection with the
property which it owns on all sides of such Streets and alleys and
there does not appear to be valid objection against granting the use of
said lands to said Country Club Company; now therefor
Be It Ordained by the City Council of the City of Dubuque:
Section 1. That that part of St. Joseph Street extending
from the southwesterly line of Bradley Street to its termination at Perry
Street be and the same is hereby vacated.
Section 2. That all of Altman Street be and the same is
hereby vacated.
Section. 3. That all of Kiene Street be and the same is
hereby vacated.
-1-
1.1
a
Section 4. That all of the unnamed street situated between
Lots 149 and 150 in Grand View Place and extending from the westerly
line of Grand View Place easterly to Altman Street be and the same are
hereby vacated.
Section 5. That all of McPherson Street be and the same is
hereby vacated.
Section 6. That all of Sterling Street be and the same is
hereby vacated.
Section 7. That that part of Perry Street extending from the
westerly line of Grand View Place to the northwesterly line of Rider
Street in Grand View Park be and the same is hereby vacated.
Section 8. That all of Morgan Street be and the same is
hereby vacated.
Section 9. That that part of Park Street (now called Randall
Place) extending from the southwesterly line of the alley between
Bradley and Perry streets and southwesterly to its termination at
Morgan Street be and the same is hereby vacated.
Section 10. That that part of Dunning Street extending from
the southwesterly line of the alley betwen Bradley and Perry streets
southwesterly to its termination be and the same is hereby vacated.
Section 11. That that part of Henderson Street extending
from the southwesterly line of the alley between Bradley and Perry
streets southwesterly to its termination be and the same is hereby
vacated.
Section 12. That that part of Rider Street extending from
the southwesterly line of alley between Perry and Morgan streets to its
termination in Morgan Street be and the same is hereby vacated.
Section 13. That all of the alley in Grand View Place between
Altman and Kiene Street extending from Perry Street southerly to the
termination of Grand View Place be and the same is hereby vacated.
Section 14. That that part of the alley lying between Perry
and Bradley streets, extending from the westerly side of Grand View
Place and running southerly to a point therein opposite the south-
easterly lot line of Lot 44 in Grand View Place be and the same is
hereby vacated.
Section 15. That all of the alley extending through Block 8
of Grand View Park running from Park Street (now Randall Place)
northwesterly to Dunning Street be and the same is hereby vacated.
-2-
N
Section 16. That all of the alley in Grand View Park lying
easterly of Block 16 thereof and being said Block 16 and Blocks 10 and
11 in Grand View Park and Mineral Lot 17 be and the same are hereby
vacated.
Section 17. That all of the alley located in the easterly part
of Grand View Place where Grand View Place and Grand View Park join
and extending from Perry Street to where it terminates at a point
westerly at Block 16 in Grand View Park be and the same is hereby
vacated.
Section 18. That the alley extending through Block 14 and
along the Southwesterly side of Blocks 13, 12 and 11 in Grand View
Park extending from the northwesterly line of Rider Street in a north-
westerly direction to the alley lying easterly of Block 16 in Grand View
Park be and the same is hereby vacated.
Section 19. That the use of the lands comprising the streets
and alleys herein vacated ' be and the same is hereby granted to the
Country Club Company and that such use be conferred to said Country
Club Company until such - a time :.as the City Council of the City of
Dubuque may deem it necessary or expedient to again use said lands
for public purposes or make some other dispositions of the same.
Section 20. This Ordinance shall be in force and effect 10
days from and after its final passage and adoption by the City Council
and publication as provided by law.
Passed upon first read.this 16th day of July, 1923.
Passed and adopted upon final reading this 17th day of
August, 1923.
JAMES ALDERSON, Mayor
L. H. BREDE,
THEO. GABRIEL,
ED SCHREMPF,
MELCHIOR, H. G.
Councilmen
Attest: JOHN STUBER,
City Clerk
Published officially in the Times -Journal and Telegraph -Herald
newspapers, August 21, 1923.
8-21-1t ` JOHN STUBER,
City Clerk
-3-
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STATE OF IOWA )
COUNTY OF DUBUQUE )
ss:
I, Mary A. Davis, do hereby certify that I am the duly appointed,
qualified, and acting Clerk of the City of Dubuque, Iowa in the County
aforesaid, and as such 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 Special Ordinance is a correct copy of the
original Special Ordinance approved and adopted by the City Council of
the City of Dubuque, Iowa, at a session held by said Council on the 11th
day of August, 1923.
In Testimony Whereof, I hereunto set my hand and official seal of the
City of Dubuque.
Dated at Dubuque, Iowa this 2nd day of February, 1996.
r0 F.
t.
Mary jjf Davis, CMC
City Clerk for City of Dubuque, Iowa
a
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