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Disposal of City Interest in Previously Vacated Street and Alley Right of Way Areas, in the City of Dubuque, Iowa_HearingCity of Dubuque City Council Meeting Public Hearings # 03. Copyrighted October 17, 2022 ITEM TITLE: Disposal of City Interest in Previously Vacated Street and Alley Right of Way Areas, in the City of Dubuque, Iowa SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of a resolution disposing of the previously vacated right of way property described as Lot AA and Lot BB of Grand View Place, to the Dubuque Golf and Country Club for a lump sum of $67,000, and City Manager recommending approval. RESOLUTION Disposing of city interest in Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) 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 Resolution Recorded Plat Agreement Res 316-22 Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 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: October 11, 2022 City Engineer Gus Psihoyos is recommending City Council adopt a resolution disposing of the previously vacated right of way property described as Lot AA and Lot BB of Grand View Place, to the Dubuque Golf and Country Club for a lump sum of $67,000. 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. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, PE/PLS THE CF Dubuque " DU�j__B E All•Merlw Bid ti r Master iece on the Mississippi p pp zoa�.*o 13 zoi720zoi9 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: October 5, 2022 INTRODUCTION This is in response to a request from the Dubuque Golf and Country Club (GDCC) 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. The City Council approved the platting of the Lot AA and Lot BB at its October 3, 2022, meeting. A copy of the recorded plat is attached to this memo. RECOMMENDATION I am recommending 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 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, to the Dubuque Golf and Country Club, be approved through the adoption of the enclosed resolutions. Prepared by Nate Kieffer, PE/PLS 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. 339-22 RESOLUTION DISPOSING OF CITY INTEREST IN LOT AA AND LOT BB OF GRAND VIEW PLACE, 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 7th day of October, 2022, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 17th day of October, 2022, 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 AA and Lot BB of Grand View Place, 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 AA and Lot BB, in the City of Dubuque, Iowa, to Dubuque Golf and Country Club 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 Dubuque Golf and Country Club. 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 17th day of October 2022. Attest: Lfcv�.,��n-� l�/• f�2Pr/ /�i 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 • FOUND 1' IP a FOUND 5/8' ROD W/ IDOT ALUI.L.MICAP ■ FOUND 5/e' ROD W/ RED CAP /12631 ® FOUND 5/8' ROD W/ ORANGE CAP /15084 13 FOUND 5/8' ROD W/ ORANGE CAP /15487 9 FOUND 5/8' ROD W/ YELLOW CAP µ016 ® FOLNO MAGNAIL O FOUND 'X' CUT X No MONUMENT— PLACED SURVEYED BOUNDARY LINE PROPERTY LINE SF SQUARE FEET IP IRON PIPE IDOT IOWA DEPARTMENT OF TRANSPORATION PUE PUBLIC UTILITY EASEMENT 1'J VACATED RIGHT OF WAY AREA NOTES TEERYL. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. =J' i548J 2.TOTAL AREA OF PERIMETER SURVEYED ( %,68 ACRES. 9 3.TOTAL VACATED AREA IS 11.632 ACRES (506,68J SF). *�•., . 4.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. I OWE 5.=S ING IS BASED FROM NAD83, ZONE —1, IOWA NORTH COORDINATE SYSTEM. ,////i//iin,,..........JJ< Doc ID: 011024950011 Type: GEN Kind: SURVEY PLAT Recorded: 10/05/2022 at 03:35:09 PM Fee Part:$57.00 Page 1 of 11 Dubuque County Iowa John Murphy Recorder Fi1e2022-00012405 PREPARED BY: BUESING h ASSOCIIATES DUBUOUE, IOWA ONE: INDEX LEGEND Location: Lot AA and Lot BB of Grand View Place SE 114 of Section 26 & NE114 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. Taffy L. Koelker Company: Bussing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Return To: Bkcelker®buesing.com (563)5564389 STREET, C 0' 200' 400' Boo' SCALE: 1' = 400' I HEREBY CERTIFY THAT THIS LAND SURWYING DOCUMENT WAS ■ ■ '�/ PREPARED AND THE RELATED SURVEY WORK WAS PE=MEO BY ME 1SSOCUTES INC. OR UNDER MY DIRECT PERSONAL SUPERWSION AND THAT 1 AM A DULY BN6TNBBR3 INN BuxrBWRJ LICENSE[) LAND SURVE U ER THE LAWS OF THE STATE OF IOWA. 12IZ LOCUST ST. WBUWE. W V C,�/� /9 l�` T DRAWN BY: J,IL CHECKF LICENSE NUMBER 15487 1 PLOT DATE: 9/9/2022 SCALE: 1' = 401 MY LICENSE RENEWAL DAIS IS DECEMBER 31. 2023 OWE. N0. 19324-01 BOUNDARY SHEETS COVERED BY THIS SEAL : SHEETS 1-5 SHEET 1 OF 8 &) DP(v f'.i+v FviniviPPr -f 5700 r J ' --------_. �°�� 23 LOTS -24 Ls BE 12. 10. ALLEY LOT 1 FOU D I" TEE BOX PLACE FOUND 5/8 ROD IDOT ALU INUM CAP FOUND 5/8: ROD W/ RED CAP #12631 FOUND 5/8 ROD W/ ORANGE CAP #:508 FOUND MAGNAIL LOT 1 LINKS GLEN PLACE FOUND V CUT x NO ONUMENTATIM PLACED ROFERTY UN RON PIPE PUE PUBLIC UTILITY EASEMENT 7 VACATED RIGHT OF MY AREA `o V pol P s � I ,- B 87'C3'07' E 15&7r 17,BWW- W =to - I ".I 2 MOE4ER PLgCf - 3 g �fY � m S o�4 1 by ' 1 F t rib. s4� ' y ti �M1 'sew ,M1 •11' V ry ry'S + V F M1 cg e q N 8916*21' W 7M80' Y(L A by q�J,. o hry AN y 9 h dh ryb y ti ey ;ry'; ti a y, J e NO I 4qC LOT MINERAL LOT 138 m Ny y I he F hb LEGEND FOUND 1' IP ❑ FOUND 5/8' ROD W/ IDDT ALUMINUM CAP ■ FOUND 5/8' ROD W/ RED CAP p12631 ® FOUND 5/8' ROD W/ ORANGE CAP p150B4 B FOUND 5/8' ROD W/ ORANGE CAP 015487 9 FOUND 5/8- ROD W/ YELLOW CAP p4016 ® FOUND MAGNAIL 0 FOUND 'X' CUT x NO MONUMEN TAT'"PLACED SURVEYED BOUNDARY LINE PROPERTY UNE SF IP SQUARE FEET IRON PIPE IDOT IOWA DEPARTMENT OF TRANSPORATION PUE PUBLIC UTILITY EASEMENT 0 VACATED RICWT OF WAY AREA 0' 75' 150' 300' SCALE: 1" = 150' mpg. MINERAL LOT 137 a N 7'33'54' E 29.83' N 80'01'31' W BB.OB' ,BUESIING 1212'"a M (563) 55604J89 E DRAWN BY: JJL CHECKED BY: TLK SURVEY DATE: 9/01/2021 PLOT DATE: 9/9/2022 SCALE: 1' m 150' DWG. NO. 79324-01 BOUNDARY SHEET 3 OF 8 /A9 h0 / hb S d ti h A,! *y� h` JP ho J22 9 � h� ti e O N h .•I.•-��R' 4- a '��, a hB hA " by h S w y S"A 0 1= J9 ^O �y S 9CJ a 9 I j I b h5 6 5 It sOzpg. "WT'AA I � s� 'tea- o M^ KD W N 7'33'55' E�It9GG 2B.83' OETAB N 80'000' W �� 88.08' N BJY2'28' W TAJm' MINERAL LOT 137 AC( DO( LOT 1-8 LOi g I MWC011�RNON MWNT VERNON pt t�OeHOH Ri COVR7 W' I MO�N�Wnt I : LEGEND 0' 75' 150' 300' SCALE: 1" = 150' IN FOUND 1" IP FOUND 5RW W/ IDOT ALUMINUM CAP ■ FOUND 5/8" ROD W/ RED CAP #12631 ® FOUND 5/8" RW W/ ORANDE CAP /15084 9 FOUND 5/8" ROD W/ ORANGE CAP #15487 9 FOUND 5/8" ROD W/ YELLOW CAP 04016 LOT 4 ® FOUND MAGNAIL MINERAL LOT 44 O FOUND "X" CUT O PLACED 5/8"IRON REROD W/ ORANGE PLASTIC CAP MARKED '-ER 15487" X NO MONUMENTATION PLACED SURVEYED BOUNDARY LINE PROPERTY MINE EASEMENT LINE SF SWARE FEET IP ,DOT IRON PIPE IOWA DEPARTMENT OF TRANSPORATION PILE PUBLIC URUW EASEMENT 0 VACATED RIGHT OF WAY AREA CITY RESERVED EASEMENT DETAIL: NOT TO SCALE CITY TO RESERVE PUE OVER THIS AREA LOT N �' S 8'54'20' W 8103'80' x - _ t 14_03'�' a N 207.86'�,(27149� ��\`?�✓�- \ r 130.3J' 822'S0' W 104.23• 73.70• A ✓ �/gS.A3' �g ALLEY ACQUIESCED PER a LOT 1_8 DOC. #7366-96 MOUNT VERNON COURT LOT 9 MOUNT VERNON COURT vol , RNOa JE MOuc1GOVP'C SUE 511NNO NNOINSSRS AND SUR9dY0RS 1212 LOCUST ST. DUBUQUE. W (383) 338-4389 ORAWN BY: JJL CHECKED BY: TLK SURVEY DATE: 9/01/2021 PLOT DATE: 9/9/2022 SCALE: N\A DWG. 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 Licensed Land Surveyor License No. 15487 Owner's Consent Dubuque, Iowa Date License Renewal Date 12/31/23 10 - H , 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 uque Clerk of the City of Dubuque State of Iowa ) County of Dubuque ) ss: On this q ""- day of C16:hnksC,✓ , 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. -- TRISH L. GLEASON t.ommission Number719M Notary Public in and for the State of Iowa My Commission Expires -a Sheet 7 of 8 City of Dubuque Planning Services Dubuque, Iowa / — 5 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 reviewed and approved by the City of Dubuque Planning Services Department on the date first written above. i Planning Se ire epa*— Bv City I e y of City of Dubuque, Iowa Dubuque, Iowa J (D — H 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 Sr, day of nc�oher 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. yor of ty of Dubugglue, IA Clerk of the City of Dubuque, IA City Assessor's Certificate Dubuque, Iowa Oaf q , 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 City Assessor of the County of Dubuque, Iowa, on the date first written above. CtyAs'sasr the County ubuque, Iowa Sheet 8 of 8 County Auditor Dubuque, Iowa C� 5 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 eastdl�' Block sixteen (16); all of the alley located in the easterly part of Grand View Place; arjdC if of the all extending through Block fourteen (14); all being in the City of Dubuque, Iowa, was aged o record in t office of the Dubuque County Auditor this SV�" day of OCtb1ao r 2022. , We approve of the subdivision name or title to be recorded. County Auditor cff Dubuque, Iowa �r� 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. (jww--Ia�L Dubuqu ounty Record rrru»r"' 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 *Amrb qq Masterpiece PP iece on the Mississippi zoo�•zoi 2-2013 zoi7*2019oi9 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 Mnsleywe on 11m Mississippi City P w pe r € v Vacated in 1923 Ordinance � �,._r_s_� •a 11\�+� y.^\\iiii� - � r• •J •+ `�+- r I 1 Iwo. tot 17" x 11" Sheet N C ty Property vamtetl in 1923 Old nanm 1 inch = 250 feet �E � ------ Lot Line «. "...., d„r......a or 250 115 M Fast " '"°°•"'I Panda 7 JCO Rev. 04/01 /21 �a.I ■1 Map Pi ,-q':7 I City N Du Wu . Engineer!N DNiW, g 50 Wta! 1321 SSeet Duhpua, 52001 PnGne:(563)5d4i270 3 F%,. 43)$8B-d205 JCO Rev. 04/01 /21 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- 10 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 11 Prepared by Nate Kieffer City of Dubuque Engineering 50 W 131h St Dubuque, IA 52001 Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 13th 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 171h day of October, 2022, at the Historic Federal Building, 350 W. 1 6tn 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. M—QWsad--V.r r r t Mayor Attest - Adrienne N. Breitfelaer, City Clerk �� Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270 Retum to: Nate Kieffer, City of Dubuque, 50 W. 1311' Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 313-22 RESOLUTION APPROVING PLAT OF SURVEY OF 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, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 9, 2022 prepared by Buesing and Associates, Inc., showing the vacated streets and alleys as per the 1923 Dubuque City Council Special Ordinance recorded in the Dubuque County Recorder's Office as Document Number 1295-96 , all 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; 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 September 9, 2022, prepared by the Buesing and Associates, Inc., 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. 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 3rd day of October, 2022. Attest: f;? )�2i4't Adrienne N. Breitfefder, City Clerk Brad,4rvanagh, Mayor 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. 313-22 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 5"' day of October, 2022. Q its SEA Adrienne N. Breitfelder, City Clerk Adrienne Breitfelder From: Adrienne Breitfelder Sent: Tuesday, October 18, 2022 4:36 PM To: Kevin Dragotto; Troy Patzner Cc: Nate Kieffer Subject: City of Dubuque Disposal of Property - Lot AA and Lot BB of Grand View Place Attachments: Resolution No. 339-22.pdf Kevin and Troy, Attached is a certified copy of City of Dubuque Resolution No. 339-22 Disposing of City Interest in Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa. A certified hard copy has been submitted to the Dubuque County Recorder's Office. Thank you, THE C DIUBQTE Masterpiece on the Mississippi Adrienne Breitfelder (she/her) City Clerk I City of Dubuque City Hall 150 W. 13th Street Dubuque, Iowa 52001 0: 563-589-4121 1 C: 563-581-6473 Lf v OZn�oZY1� Pre ared b : Nate Kieffer Cb of Dubuque, 50 W. 13th Street Dubu ue Iowa 563 589-4270 Returned to: Adrienne Breitfefder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589- 4100 RESOLUTION NO. 339-22 RESOLUTION DISPOSING OF CITY INTEREST IN LOT AA AND LOT BB OF GRAND VIEW PLACE, 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 7t" day of October, 2022, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 17th day of October, 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6t' Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot AA and Lot BB of Grand View Place, 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 AA and Lot BB, in the City of Dubuque, Iowa, to Dubuque Golf and Country Club 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 Dubuque Golf and Country Club. 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 1711 day of October 2022. rad-M. vanagh, Mayor 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, 1 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. 339-22 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 181" day of October, 2022. Adrienne N. Breitfelder, City Clerk SEAL) V Doc ID: 011030280003 Type: GEN Kind: RESOLUTION Recorded: 10/19/2022 at 03:13:14 PM Fee Amt: $17.00 Paqe 1 of 3 Dubuque County Iowa John Murphy Recorder File2022-00012923 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.339-22 RESOLUTION DISPOSING OF CITY INTEREST IN LOT AA AND LOT BB OF GRAND VIEW PLACE, 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 7th day of October, 2022, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 17th day of October, 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 61h Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot AA and Lot BB of Grand View Place, 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 AA and Lot BB, in the City of Dubuque, Iowa, to Dubuque Golf and Country Club 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 Dubuque Golf and Country Club. � DBQ City Eng ineer 17°° 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 17th day of October 2022. ra vanagh, Mayor 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. 339-22 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 October, 2022. Adrienne N. Breitfelder, City Clerk SEAL) Z ell Doc ID: 011036680005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 11/04/2022 at 08:37:16 AM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2022-00013548 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: Dubuque Golf and Country Club 1800 Randall Place Dubuque, Iowa 52003 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Dubuque Golf and Country Club, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa. - Lot AA and Lot BB of Grand View Place, in the City of Dubuque, Iowa Subject to a public utility easement reserved over part of said Lot AA and Lot BB per Instrument Number 2022-00012405 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: QCfoher ! d , 2022 Attest: Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA [Tr —ad - nagh 500 2J 00 t)9&cityclerk STATE OF IOWA, DUBUQUE COUNTY, ss: On this 4 day ofD, 2022, before me a Notary Public in and for said County and said State, personally appeared Brad M. Cavanagh and Adrienne N. Breitfelder, to me personally known, who, being by me duly swom, did say that they are the Mayor 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. 339-22 and that the said Brad M. Cavanagh 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. Notary public JANE M. GLENNON '. Comm"" `� NY C40M. E rp Prepared by: Nate Kieffer, City of Dubuoue. 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.339-22 RESOLUTION DISPOSING OF CITY INTEREST IN LOT AA AND LOT BB OF GRAND VIEW PLACE, 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 7th day of October, 2022, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 17th day of October, 2022, 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 AA and Lot BB of Grand View Place, 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 AA and Lot BB, in the City of Dubuque, Iowa, to Dubuque Golf and Country Club 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 Dubuque Golf and Country Club. 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 17t" day of October 2022. ra vanagh, Mayor 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. 339-22 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 October, 2022. �. /-�- A!- Y� 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: 10/07/2022 and for which the charge is 96,91 -r?a Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 7th day of October, 2022 Notary Puin and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 41v Comm. Exp, DEC 11, 2022 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 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 Qf 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 Clerks 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 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 Recorders 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. 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. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk It 10/7