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Approval of Plat of Survey of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa for Vacating PetitionCity of Dubuque City Council Meeting Consent Items # 07. Copyrighted July 17, 2023 ITEM TITLE: Approval of Plat of Survey of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa for Vacating Petition (Agreement Between City of Dubuque and CC15, LLC) SUMMARY: City Manager recommending City Council adopt a resolution approving the Plat of Survey of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa. RESOLUTION Approving Plat of proposed vacated portion of Bies Drive, in the City of Dubuque, Iowa, to be known as Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Vacation Plat Supporting Documentation Agreement Supporting Documentation THE C Dubuque DUj!BQTE 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: Approval of Plat of Survey of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa For Vacating Petition (Agreement Between City of Dubuque and CC15, LLC)) DATE: July 11, 2023 City Engineer Gus Psihoyos is recommending City Council adopt a resolution approving the Plat of Survey of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa. Mr. Joel 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. 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 (part of the Bies Drive right of way) on the east side of the intersection. The parties have agreed the land transfers are substantially equivalent in value. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 John Klostermann, Public Works Director 2 THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer Dubuque AII•America 6iiy 4SI'IxWLCNM: h•'J.F 2007.2012*2013 2017*2019 SUBJECT: Approval of Plat of Survey of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa For Vacating Petition (Agreement Between City of Dubuque and CC15, LLC)) DATE: July 7, 2023 INTRODUCTION This is in response to a request from property owner Joel Callahan (for CC15, LLC) for the vacating of a portion of Bies Drive, in the City of Dubuque, Iowa. BACKGROUND Mr. Joel 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. 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 (part of the Bies Drive right of way) on the east side of the intersection. The parties have agreed the land transfers are substantially equivalent in value. Pursuant to Resolution No. 143-23, the City of Dubuque and property owner Joel Callahan (for CC15, LLC) entered into an agreement on this project. As part of that agreement, the City is responsible for the surveying and platting of the proposed divisions of the property and right of way vacation. DISCUSSION The attached plat shows the Bies Drive right of way area proposed to be vacated. The right of way area to be vacated is described as Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa. The City of Dubuque is reserving a public utility easement over the entirety of said Lot 1 B to accommodate existing and proposed utilities in the area. The street right of way area to be vacated needs to be platted. The City of Dubuque Engineering Department has prepared the attached vacation plat. RECOMMENDATION I am recommending that the plat of survey (vacation plat) be approved. ACTION TO BE TAKEN I respectfully request that the Plat of Survey of Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, be approved through adoption of the enclosed resolution. Prepared by Nate Kieffer, PE/PLS cc: John Klosterman, Public Works Director Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13t" Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 131h Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO, 224-23 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF BIES DRIVE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 1B OF ROGER F. AND KATHLEEN A. KLAUER FAMILY 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 July 10, 2023 prepared by the City of Dubuque Engineering Department, showing the proposed vacated area of a portion of Bies Drive, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 1 B of Roger F. and Kathleen A. Klauer Family 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 July 10, 2023, prepared by the City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves a public utility easement over the entirety of said Lot 1 B. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of July, 2023. Attest: V� 4. *41t/4 Adrienne N. Breitfe der, City Clerk INDEX LEGEND Location: Lot 1 of Roger F. & Kathleen A. Klauer Family Place in the City of Dubuque, loy NE 1/4 of Sec. 28 T89N, R2E (Dubuque TWP) Requestor: City of Dubuque Proprietor: City of Dubuque Surveyor: Russell N. Kieffer Company: City of Dubuque Reserved for Recorder I IIIIIII IIIIII III IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 011123920008 Type: GEN Kind: VACATION Recorded: 07/18/2023 at 02:59:54 PM Fee Amt: $42.00 Paqe i of 8 Dubuque County Iowa Karol Kennedy Recorder File2023-00006857 Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270 PLAT OF SURVEY (R.O.W. VACATION) OF LOT 1 B OF ROGER F. & KATHLEEN A. KLAUER FAMILY PLACE, IN THE CITY OF DUBUQUE, IOWA 10, 20' 40' SCALE 1" = 20' FEET 1 (P L O 4, J COMPRISED OF: BEING A RIGHT OF WAY VACATION OF PART OF BIES DRIVE, IN THE CITY OF DUBUQUE, IA m POINT OF BEGINNING N01 ° 55' 31 "W 8.99' ON m LOT 1 B OF ROGER F. & I KATHLEEN A. KLAUER FAMILY PLACE 897 SQ. FT. 0.021 AC O v it 1' N N 6t O 0•PL 07 C, cl p 1 � tw o v! w 1 L=8.67' R=45.00' A=11'02'10" CHORD=N48°44'45"E 8.65' (8.65') N01 ° 55' 31 "W 7.68' (7.68') CENTURY CIRCLE (50' R.O.W.) 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 ���,ry•/�t/" oef;`1�i •: r •: �� s,- ••; Surveyor under the laws of the State of Iowa. r� �iA •G For the City of Dubuque RUSSELL N. • .m< WEFFER ; 0 18128 -7444 +�� �� Russell N. Kieffer Iowa Lic. No. 18128 Date •••• • • • •'w My license renewal date is December 31, 2024 Pages or sheets covered by this seal: PAGES 1 & 2 ONLY NORTHWEST CORNER LOT 1 POINT OF COMMENCEMENT LEGEND FOUND 5/8" IRON REBAR W/ RED CAP 12631 FOUND 5/8" IRON REBAR W/ YELLOW CAP 18128 FOUND 1" IRON PIPE O SET 5/8" IRON REBAR W/ YELLOW CAP 18128 R.O.W. RIGHT OF WAY (100.00') RECORD DIMENSION PROPOSED LOT LINE EXISTING LOT LINE — — RIGHT OF WAY LINE F• OGk� 1 OF POE �0� �P�NL F PM�MEN� P�202�'1 L=79.59' R=45.00' LOT A=101 °20'32" 1 B CHORD=S07°26'36"E 69.62' (69.62') P�,cE t9 1POFP�N�#2 N \ 'R�L=13.56' P R=275.00' A=2°49'34" SOUTHEAST CHORD=S16°00'23"E CORNLOTR 13.56' (13.56') 340.04' (340.04') S87°59'59"W 350.04' (350.04') 1'2 QVE \ �6F \ �kc. ^ NOTES: `' �1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF 2. PROPRIETOR OF ABOVE DESCRIBED LOT: CITY OF DUBUQUE 3. SURVEY REQUESTED BY: CITY OF DUBUQUE 4. TOTAL AREA OF PERIMETER SURVEYED IS 897 SQUARE FEET (0.021 ACRES) �L 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD Q 6. DATE OF SURVEY: 12-14-2022 7. CITY RESERVES A PUBLIC UTILITY EASEMENT OVER THE ENTIRETY OF LOT 1 B Dubuque CITY OF DUBUQUE ENGINEERING DEPARTMENT "I CITY HALL, 50 WEST 13th STREET DUBUC]LE, IA 52001-4864 I I• PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By. LOT J1B OF ROGER F. 3 F. AND KATHLEEN A. KLAUER 2007 2012 FAMILY PLACE IN THE CITY OF DUBUQUE, IOWA 2013 2017 2019 C.I.P. Number. Sheet Number I of 5 q ZOO C-D UAL -Al "►Ake r SURVEYOR'S CERTIFICATE I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was survey and platted by me or under my direct personal supervision, To Wit; Lot I of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, being a R.O.W. vacation of a portion of Bies Drive, in the City of Dubuque, Iowa, more particularly described as follows: Lot I of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa Commencing at the Northwest Corner of Lot 1 of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa; Thence South 01 Degree 55 Minutes 31 Seconds East along the east right of way line of Bies Drive, 197.06 feet to the Point of Beginning; Thence southeasterly along said east right of way line, being a circular curve concave to the west having an arc length of 79.59 feet, a radius of 45.00 feet, a chord of 69.62 feet which bears South 07 Degrees 26 Minutes 36 Seconds East; Thence northwesterly along a circular curve concave to the east having an arc length of 60.80 feet, a radius of 275.00 feet, a chord of 60.68 feet which bears North 08 Degrees 15 Minutes 34 Seconds West; Thence North 01 Degree 55 Minutes 31 Seconds West, 8.99 feet to the Point of Beginning, containing 897 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record. The above -described parcel shall hereinafter be known as Lot I of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa. The above -described lot(s) were surveyed and platted for right-of-way purposes, the plat of which is attached hereto and made a part of this certificate. All monuments were placed or shall be placed within one year from the date this plat is recorded. 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 Professional Land Surveyor under the laws of the State of Iowa. '-O:� `o 7/l ► d 7- /o - a d Z 3 Date ram. •:rG,P Russell N. Kieffer, P.L.S. No. 18128 My license renewal date is Dec. 31, 2024 p; RUSSELL N. o Pages on sheets covered by this seal: this sheet only 0:' KIEFFER 18128 OWNER'S CONSENT Dubuque, Iowa �uSY 12023 The foregoing Plat of Survey (R.O.W. Vacation) of: Lot I of Roger F. and Kathleen A. Klauer Family Place, 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 of Dubuque hereby reserves a public utility easement over the entirety of said Lot 1 B. City of Dubuque By: Brad M. Cavanagh, Mayor By: i&�" Ad ienne N. Breitfelder, Clerk UNIVERSAL NOTARY CERTIFICATE STATE OF TTWDk ) COUNTY OF On this a day of 3UI(i, 2023, before me, the undersigned, a Notary Public iand for said State, personally ci appeared �� � re Id° "A ' le personally known, OR _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) acted, executed the instrument. (Notary Sea]) (Sign in blue ink) . . TU8DEE LYNN BLU Coa�wuslon Nu�b�r MZ4 11� Mr Cuaan. E* (Pn �Ylp.lhc ) � and for State of Iowa 3 CAPACITY CLAIMED BY SIGNER _INDIVIDUAL xCORPORATE OFFICER(S� wor' anti , i iv Oe r (Title) (CORP SEAL) _AFFIXED NO SEAL PROCURED PARTNER(S) _LIMITED _GENERAL _ATTORNEY -IN -FACT TRUSTEE(S) _GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING DUbuaue PLANNING SERVICES L/ Dubuque, Iowa _! 7 2023 The foregoing Plat of Survey (R.O.W. Vacation) of Lot I of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as definep under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) >eCi buque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, an ai ov ee endorsed herein on the date first written above. AMrmb'rSf, City Planner ing Services Division City of Dubuque, Iowa CITY OF DUBUQUE, IOWA Q Dubuque, Iowa Duly 0 2023 The undersigned, Brad M. Cavanagh, Mayor, and Adrienne N. Breitfelder, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey (R.O.W. Vacation) of Lot 1B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, as appears heretofore has been filed on 17 day of Q I V , 2023 as Resolution # aay-a3 in the office of the City Clerk of Dul3uque, Iowa and that the City Council of the City of Dubuque, Iowa appr pla Mayor of the CortTDubuque, IA Clerk of the City of Dubuque, IA COUNTY AUDITOR Dubuque, Iowa o IL 3 \ +,A, The foregoing Plat of Survey (R.O.W. Vacation) of Lot 113 of Roger F. and Kathleen�X'auer Family PI e,1, - in the City of Dubuque, Iowa, was entered of record in the office of the Dubuque C t►d�ty Auditor this of 2023. We approve the subdivision name or title shown her to be recorded. / Dubuque County Auditor 4 CITY ASSESSOR Dubuque, Iowa vl l 2023 The foregoing Plat of Survey (R.O.W. Vacation) of Lot 1B of Roger F. and Kathleen A. Klauer Family Place in the f ubuque, Iowa, was entered of record in the office of the Dubuque County Assessor this of .2023. _ /-,% Dubuque, Iowa Troy Patzner Dubuque City Assessor RECORDER'S CERTIFICATE J $+� 2023 The foregoing Plat of Survey (R.O.W. Vacation) of Lot 1B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. 16im I" KAgoL KfuNt / qy, Recorder of Dubuque County,,., t,, N \ A '.A J Prepared by: Nate Kieffer. City of Dubuque, 50 W. 13" Street, Dubuque, iA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, iA 52001 (563) 589-4270 RESOLUTION NO. 224-23 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF BIES DRIVE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 113 OF ROGER F. AND KATHLEEN A. KLAUER FAMILY 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 July 10, 2023 prepared by the City of Dubuque Engineering Department, showing the proposed vacated area of a portion of Bies Drive, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 1 B of Roger F. and Kathleen A. Klauer Family 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 July 10, 2023, prepared by the City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves a public utility easement over the entirety of said Lot 1 B. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17"' day of July, 2023. rad MXWanagh, Mayor Attest: a4tz"�,'U)- &&U�,& - Adrienne N. Breitfe der, 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. 224-23 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 18t' day of July, 2023. / bra.• Ise*" A R t!. -..: Nth'}ff ;i • V"yl�� A4V'�11-ei4 Adrienne N. Breitfelder, City Clerk Prepared by Nate Kieffer City of Dubuque Engineering 50 W 13th St Dubuque, Iowa 52001 (563)589-4270 Return to Adrienne N. Breltfelder City of Dubuque City Clerk 50 W 1311 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, CC15 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 1 st day of May 2023. Attest: Trish Gleason, Assistant City Clerk AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CC15, LLC This Agreement (the Agreement), dated for reference purposes the 17 day of 14 n " ,,` r , 2023, is made and entered into by and between CC15, LLC (CC15)) and the City of Dubuque, Iowa (City). Whereas, CC15 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 CC15; and Whereas, CC15 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 CC15; 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 CC15 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 CC15 by quitclaim deed to CC15. 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. CC15 OBLIGATIONS. 2.1 CC15 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 Michael C. Van Milligen, City Manager Date: CC15, LLC f By:CLL�. Name: �c <: (� Est �l 4 Its: Date: % •fin � 3 f E EXHIBIT A THE CTTY OF Dus E Master iece vn the MississipFai T lovol i• Y Tc_ CENTURY CIRCLE EXHIBIT A Dubuque #kAMfka Rtl 20i�.zoY9 MIR- 15.65 7-115"RA' v f `1 .v • 3505:, AREA A: AREA OF EXISTING BIES DRIVE RIGHT OF r 4 A WAY TO BE LOT 1 OF ROGER F. w F. •' VACATED TO & KATHLEEN A. E CC15, LLC KLAUER FAMILY AREA B: 'PLACE -OWNER AREA OF LOT 1 CC15, LLC TO BE DEDICATED TO CITY OF �. t DUBUQUE rt� 3 1200 _ 247 �* - t � ,�t '�1l�f�►'' N Map Prepared by: City of Dubuque nst current and aceurate information avalmbie, oHGls antl m•a sapphars do nqt warrant me a� vaay ar....ney or the "%q tlan , data cnntalned heraln, Tha Clty and pa�tlopa[Ing 1 inch = 60 feet � p � v p E ngineer ng iwsion 50 West 13th Street shah not be hald liable for any direct, Indirect, Incidental, Dubuque, Iowa 52001 agendas msequerttla, punitiv¢, or special damages, whether foreseeable or �greseeahlc, 60 30 © 60 Feet Phone: 563 5 - arlshq nwt of me aarnam-d or ana�tnnrl:ed aae ar this data 0' [hc InabAtty to use thls data w wt of any breach e S Fax: (563) 58942C5 warranty 0atsaever,