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Agreement with Dennis R. Walker for the Vacation and Sale of National Street Right of Way South of Burlington Street Adjacent to Walker Property at 3009 Burlington StreetCity of Dubuque City Council Meeting Consent Items # 08. Copyrighted July 17, 2023 ITEM TITLE: Agreement with Dennis R. Walker for the Vacation and Sale of National Street Right of Way South of Burlington Street Adjacent to Walker Property at 3009 Burlington Street SUMMARY: City Manager recommending City Council approval of an agreement with Dennis R. Walker (Walker) related to the vacation and sale of certain street right of ways adjacent to the property at 3009 Burlington Street, Dubuque Iowa and authorize the City Manager to execute said agreement. RESOLUTION Approving an Agreement between the City of Dubuque, Iowa and Dennis R. Walker 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 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: Agreement with Dennis R. Walker for the Vacation and Sale of National Street Right of Way South of Burlington Street Adjacent to Walker Property at 3009 Burlington Street DATE: July 11, 2023 City Engineer Gus Psihoyos is recommending City Council approval of an agreement with Dennis R. Walker (Walker) related to the vacation and sale of certain street right of ways adjacent to the property at 3009 Burlington Street, Dubuque Iowa and authorize the City Manager to execute said agreement. 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 CITY OF Dubuque All-AmerD R E II1Ir -- - Masterpiece on e Mississippi 2007.2012.2973 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Agreement with Dennis R. Walker for the Vacation and Sale of National Street Right of Way South of Burlington Street Adjacent to Walker Property at 3009 Burlington Street DATE: July 7, 2023 INTRODUCTION The purpose of this memorandum is to request City Council approval of an agreement with Dennis R. Walker (Walker) related to the vacation and sale of certain street right of ways adjacent to the property at 3009 Burlington Street, Dubuque Iowa. BACKGROUND The City of Dubuque has entered into an agreement (see agreement attached) with Walker for the sale of City owned property to be used for proposed driveway improvements for access to the rear yard of the adjacent property owned by Walker at 3009 Burlington Street. Walker would also utilize the space as a private yard. The property to be conveyed to Walker includes a portion of the National street right of way south of Burlington Street. DISCUSSION In working with Walker, 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 6,000 square feet of National Street right of way area is $1.00. Walker will be responsible for all surveying/platting costs, publication and filing fees. The City will reserve a public utility easement over the entire National Street right of way area to accommodate all existing utilities. The City will also reserve an access easement over the easterly half of the 50' National Street right of way for maintenance of the property and public utilities in the alley and street right of ways to the south of Burlington Street. Within 60 days of approval of the right of way vacation by City Council, Walker is to construct sidewalk along the Burlington Street frontage of the vacated area and after constructed maintain said sidewalk in perpetuity according to current City codes. Within 60 days of approval of the right of way vacation by City Council, Walker is also required construct curb and gutter along the Burlington Street frontage of the vacated area according to current City standards. The City will reconstruct the existing non -compliant curb ramp in the southeast quadrant of the intersection of Burlington and National and coordinate such construction with the Walker sidewalk construction. A copy of the agreement executed by Walker is attached. RECOMMENDATION I recommend that the City approve the Agreement for the vacation and sale of certain street right of way adjacent to the Walker property at 3009 Burlington Street, 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. 13th St. Dubuque, IA 52001 Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 1311, St. Dubuque, !A 52001 RESOLUTION NO. 225-23 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DENNIS R. WALKER This Agreement, dated for reference purposes the 71h day of July, 2023 is made and executed between the City of Dubuque, Iowa, (City), a municipal corporation, and Dennis R. Walker (Walker). Whereas, Walker is requesting the vacation and sale of the 6,000 square feet of the National Street right of way south of Burlington Street, in order to accommodate the construction of new private driveway to access the rear yard of the property at 3900 Burlington Street; and Whereas, Walker and City desire to enter into an agreement with respect to the proposed right of way vacation as set forth herein; and Whereas, a copy of the Agreement is attached hereto; and Whereas, Dennis R. Walker, 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 17th day of July, 2023. .• ;r •Mayor Attest: Adrienne N. Breitfelder, City Clerk 07072023 AGREEMENT BETWEEN DENNIS R. WALKER AND THE CITY OF DUBUQUE, IOWA This Agreement, dated for reference purposes the -' Thbay of *:TO it V , 2023 is made and executed between the City of Dubuque, Iowa, (City), a municipal corporation, and Dennis R. Walker (Walker). Whereas, Walker is requesting the vacation and sale of the 6,000 square feet of the National Street right of way south of Burlington Street, in order to accommodate the construction of new private driveway to access the rear yard of the property at 3900 Burlington Street; and Whereas, Walker and City desire to enter into an agreement with respect to the proposed right of way vacation 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 a portion, being approximately 6,000 sq, ft. in area, of the National Street Right lying south of Burlington Street, as shown on the attached Exhibit A, for $1.00. 2City will reserve a public utility easement over the entirety of the vacated National Street right of way. This easement would preclude the placement of a building on the vacated right-of-way in order to allow for maintenance or replacement of existing utilities in the area. The City will also reserve an access easement over the easterly half of the 50' National Street right of way for maintenance of the property and public utilities in the alley and street right of ways to the south of Burlington Street. 1.3 Upon receipt of the plat of survey of the area proposed to be vacated, the request will be taken to the City Council to be set for a public hearing and formal approval. 1 AAfter the public hearing approval by the City Council and receipt of the publication and filing fees, the City will execute a Quit Claim Deed to Walker for the vacated property and record the deed. 50ty will reconstruct the existing non -compliant curb ramp in the southeast quadrant of the intersection of Burlington and National and coordinate such construction with the Walker sidewalk construction detailed below. 07072023 SECTION 2. WALKER RESPONSIBILITIES. 2.1 Submit a request to vacate In writing to: The Honorable Mayor and City Council at 50 West 1 3th Street, Dubuque, Iowa, with reasons for the proposed vacating and a sketch or plat of the area to be vacated. 2.2Purchase the vacate right of way area for the amount of $1 plus $100 for publication and filing fees. 2.3A plat of survey must be prepared at Walker's expense by a Licensed Land Surveyor. This will show the boundaries of the proposed vacating and assign a legal description to the property. 2.4Provide written consent for the vacation and sale by all affected private property owners, as determined by the City Engineer. 2.5Within 50 days of approval of the right of way vacation by City Council, construct sidewalk along the Burlington Street frontage of the vacated area and after constructed maintain said sidewalk in perpetuity according to current City codes. Within 50 days of approval of the right of way vacation by City Council, construct curb and gutter along the Burlington Street frontage of the vacated area according to current City standards. SECTION 3. NOTICES. All notices and correspondence related to this Agreement must be sent to the following: If to Developer: Dennis R. Walker SOOT! Burlington Street Dubuque, IA 52001 If to City: City of Dubuque, Iowa Attention: Gus Palhoyos, City Engineer 50 West 1 Sth Street Dubuque, Iowa 52001 SECTION 4. DEFAULT. In the event of default by Walker, City reserves the right to seek specific performance in Iowa District Court for Dubuque County. 5.1 This Agreement may not be assigned without the prior written permission of the City. Such written approval will not be unreasonably withheld. 2 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. 91 CITY OF DUBUQUE, IOWA By: Micha I C. Van Milligen City Manager DENNIS R. WALKER B a er Ed I 07072023 EXHIBIT A Plat of Survey (Retracement) of: LOT 86 & LOT 1-87 IN MCDANIEL'S PARK HILL (AKA "PARK HILL, CITY OF DUBUQUE, IOWA 1856"), in the City of Dubuque, Iowa INDEX LEGEND Location: Lot 86 & Lot 1-87 in McDaniel's Park Hill (aka "Park Hill, City of Dubuque, Iowa 1856"), in the City of Dubuque, Iowa E1/2 of Section 14, T89N, R2E of the 5th P.M., Dubuque County, Iowa Requestor: Dennis Walker Proprietor of Lot 86 & Lot 1-87: Dennis R. Walker - 3009 Burlington St., Dubuque, IA 52001 Surveyor: Terry L. Koelker Company: Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Doc ID: 011103380001 Type: GEN Kind: RETRACEMENT SURVEY Recorded: 05/25/2023 at 12:01:01 PM Fee Amt: $7.00 Paqe 1 of 1 Dubuque County Iowa Karol Kennedy Recorder File2023-00004846 Return To: tlkoelker@buesing.com (563) 556-4389 PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBMUE IOWA PHONE (563) 556-4389 NOTE THIS SURVEY IS COMPRISED OF: LOT 86 & LOT 1-87 IN MCDANIEL'S PARK HILL (AKA "PARK HILL, CITY OF DUBUQUE, IOWA 1856"), IN THE CITY OF DUBUQUE, IOWA \ '. \ \ '9C \o\01J \ \ LOT 2-88 OF MCDANIEL'S �\ Rc�OPCCi\� PARK HILL / LOT 1-88 OFMCDA PARKHILL :j , \ /� LOT 2-87 OF \ \eJ `\ i MCDANIEL'S EXISTING PARK HILL �O� DWELLING Kam^ /�\ JY3o �D yq�l S `\ 4? 8- / \�� v ` r / \ s / GRASS \ EXISTING G HELOT 86 /\ 1 \ \ i� � \ � 3.8' WOOD FENCE ENCROACHMENT 0.210 ACRES goy', \ r20. 6 D' 9,145 SF o p \ GRASS / GRASS / LEGEND • FOUND 3/4" IRON PIPE (UNLESS OTHERWISE NOTED) O PLACED 5/8"IRON REROD W/ORANGE PLASTIC CAP MARKED "KOELKER 15487" SURVEYED BOUNDARY LINE 0� 15' 30' 60' PROPERTY LINE SCALE:, 1" = 30' ROW — RIGHT OF WAY LINE SF SQUARE FEET NOTES ( ) RECORD DIMENSION 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. —X—X—X— EXISTING WOOD FENCE 2.TOTAL AREA OF PERIMETER SURVEYED IS 0.210 ACRES (9,145 SF). iiii EXISTING BUILDING FOOTPRINT 3.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. - — - — CENTERLINE 4.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM. -1I)��� '/ I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS UESING q��ip PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME jB 0,.•••••.,SGPi� OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY dNClNd6RSO.uvOTES SURIv6Y0RS L ir_' LICENSE LAND SURVEY UNDER THE LAWS OF THE STATE F IOWA. • TERRY L. *!�, - 1212 LOCUST 5T, DUBUQUE, IA KOELKER _ �,�-/�.� !,� �/ Z 3 (583) 556-4389 15487 TERRY L. ELK R (DATE) DRAWN BY: JCH CHECKED BY: TLK LICENSE NUMBER 15487 SURVEY DATE: 4/20, 24 & 28/2023 PLOT DATE: 5/3/2023 OIWP\\;\\\\\`\� MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023 DWG. N0. 23106-01 SCALE: 1" = 30' SHEETS COVERED BY THIS SEAL : SHEET 1 SHEET 1 OF 1 70 ® 8LAi-Si /L.g