Agreement with CC15, LLC —Right of Way/Land Transfers at the intersection of Bies Drive, Sylvan Drive, and Centry Drive Copyrighted
May 1, 2023
City of Dubuque Action Items # 05.
City Council Meeting
ITEM TITLE: Agreementwith CC15, LLC — Right of Way/Land Transfers atthe
intersection of Bies Drive, Sylvan Drive and Century Drive
SUM MARY: City Manager recommending City Council adopt a resolution approving
the Agreement with property owner Joel Callahan (CC15, LLC)for
certain right of way and land transfers at the intersection of Bies Drive,
Sylvan Drive, and Century Drive for reconstruction which will include
roadway improvements, sidewalk installation, and utility improvements.
RESOLUTION Approving an Agreement between the City of Dubuque,
lowa and CC15, LLC.
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with CC15, LLC — Right of Way/Land Transfers at the
intersection of Bies Drive, Sylvan Drive and Century Drive
DATE: April 26, 2023
City Engineer Gus Psihoyos is recommending City Council adopt a resolution approving
the Agreement with property owner Joel Callahan (CC15, LLC) for certain right of way
and land transfers at the intersection of Bies Drive, Sylvan Drive, and Century Drive for
reconstruction which will include roadway improvements, sidewalk installation, and
utility improvements.
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
Bob Schiesl, Assistant City Engineer
Jon Dienst, Civil Engineer II
Nate Kieffer, PE/PLS
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Agreement with CC15, LLC — Right of Way/Land Transfers at the
intersection of Bies Drive, Sylvan Drive and Century Drive
DATE: April 24, 2023
INTRODUCTION
This memo provides information regarding the approval of an Agreement with property
owner Joel Callahan (for CC15, LLC) for certain right of way and land transfers at the
intersection of Bies Drive, Sylvan Drive and Century Drive.
BACKGROUND
Mr. Callahan is the owner and developer of an approximately two-acre property at the
northeast quadrant of the intersection at Bies Drive, Sylvan Drive and Century Drive.
Mr. Callahan plans to develop the property for multi-family residential use (apartments).
The approved site plan includes two 28 plex buildings with associated parking and
garages.
DISCUSSION
In the future, the City intends to reconstruct the intersection of Bies Drive, Sylvan Drive
and Century Drive. This reconstruction will include roadway improvements, sidewalk
installation, and utility improvements. The City has conceptually designed the
reconstructed intersection and determined that the future project will include the
relocation of the alignment of Century Drive which will require the acquisition of certain
right-of-way from the Callahan property. Mr. Callahan is willing to dedicate the
necessary additional right-of-way to the City in exchange for an unneeded portion of an
existing City cul-de-sac right-of-way area on the east side of the intersection. The
parties have agreed the land transfers are substantially equivalent in value. Mr.
Callahan has executed the attached agreement.
RECOMMENDATION
I recommend that the City Council approve the Agreement with Mr. Callahan for certain
right of way and land transfers at the intersection of Bies Drive, Sylvan Drive and
Century Drive.
ACTION TO BE TAKEN
I respectfully request approval of the Agreement with Mr. Callahan (CC15, LLC) for
certain right of way and land transfers at the intersection of Bies Drive, Sylvan Drive and
Century Drive through the adoption of the enclosed resolution.
Prepared by: Nate Kieffer, PE/PLS
cc: Bob Schiesl, Assistant City Engineer
Jon Dienst, Civil Engineer II
2
Prepared by Nate Kieffer City of Dubuque Engineering 50 W 131h St Dubuque,Iowa 52001 (563)589-4270
Return to Adrienne N.Breltfelder City of Dubuque City Clerk 50 W 13th St Dubuque,Iowa 52001 (563)589-4100
RESOLUTION NO. 143-23
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND
CCI5, LLC.
Whereas, CCI5 is the owner of the property legally described as:
Lot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City of Dubuque,
Iowa, according to the recorded plat thereof
and as shown on Exhibit A of the attached Agreement (the Real Estate); and
Whereas, City is the owner of the abutting right-of-way as shown on Exhibit A of the
attached Agreement; and
Whereas, in the future City intends to reconstruct the intersection of Bies Drive,
Sylvan Drive and Century Drive, which reconstruction will include roadway improvements,
sidewalk installation, and utility improvements (the Future Project); and
Whereas, City has determined that the Future Project will relocate the alignment of
Century Drive which will require acquisition of additional right-of-way by City from CCI5;
and
Whereas, CCI5 is willing to dedicate the necessary additional right-of-way to City;
and
Whereas, the Future Project concept does not show a need for the existing excess
cul-de-sac right-of-way area on the east side of the intersection and the area abuts the
CCI5 property on Bies Drive; and
Whereas, City is willing to vacate the excess cul-de-sac right-of-way to CCI5; and
Whereas, the parties have agreed the land transfers as part of the Future Project
are substantially equivalent in value; and
Whereas, via the attached agreement, the parties have come to terms as set forth
herein for how to best effectuate the components of the Future Project to maximize the
benefits to each party and the residents and visitors to Dubuque.
Whereas, CCI5, LLC 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 1st day of May 2023.
Brad M. Cava a , Mayor
Attest:
Trish Gleason, Assistant City Clerk
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CCI5, LLC
This Agreement (the Agreement), dated for reference purposes the / 7 day of
,/-fp / , 2023, is made and entered into by and between CCI5, LLC (CC15))
and the City of Dubuque, Iowa (City).
Whereas, CCI5 is the owner of the property legally described as:
Lot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City of
Dubuque, Iowa, according to the recorded plat thereof
and as shown on Exhibit A (the Real Estate); and
Whereas, City is the owner of the abutting right-of-way as shown on
Exhibit A; and
Whereas, in the future City intends to reconstruct the intersection of Bies Drive,
Sylvan Drive and Century Drive, which reconstruction will include roadway
improvements, sidewalk installation, and utility improvements (the Future Project); and
Whereas, City has determined that the Future Project will relocate the alignment
of Century Drive which will require acquisition of additional right-of-way by City from
CCI5; and
Whereas, CCI5 is willing to dedicate the necessary additional right-of-way to City;
and
Whereas, the Future Project concept does not show a need for the existing
excess cul-de-sac right-of-way area on the east side of the intersection and the area
abuts the CC15 property on Bies Drive; and
Whereas, City is willing to vacate the excess cul-de-sac right-of-way to CCI5; and
Whereas, the parties have agreed the land transfers as part of the Future Project
are substantially equivalent in value; and
Whereas, the parties have come to terms as set forth herein for how to best
effectuate the components of the Future Project to maximize the benefits to each party
and the residents and visitors to Dubuque.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CCI5 AND CITY AS
FOLLOWS:
SECTION 1. CITY OBLIGATIONS.
1.1 City is responsible for all necessary platting, surveying, and recording costs to
effectuate the transactions contemplated by this Agreement.
1.2 City will vacate the existing cul-de-sac street right-of-way and deed Area A as
shown on Exhibit A to CCI5 by quitclaim deed to CCI5.
1.3 City will retain a public utility easement over Area A as shown on Exhibit A as
part of the right-of-way vacation process.
1.4 City's obligations shall be at no cost to CC15.
SECTION 2. CCI5 OBLIGATIONS.
2.1 CCI5 agrees to dedicate to City at no cost to City Area B as shown on Exhibit A
for public street right-of-way and utility purposes by right of way dedication plat.
SECTION 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement shall be
binding upon the parties hereto and their successors and assigns.
SECTION 4. CITY COUNCIL APPROVAL REQUIRED. This Agreement is subject to
final approval by the City Council in its sole discretion.
CITY OF DUBUQUE, IOWA CCI5, LLC
By: By: iCL;;
Michael C. Van Milligen, City Manager Name: Jot-. ( E_ st /Ic, / 61:�
Its:
Date: Date: ; ,) , / / 7 ..O 3
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