Public Hearing Petition to Vacate a portion of Bies Drive, in the City of Dubuque, Iowa For Vacating Petition (Agreement Between City of Dubuque and CCI5, LLC) Copyrighted
August 7, 2023
City of Dubuque Public Hearings # 02.
City Council Meeting
ITEM TITLE: Public Hearing Petition to Vacate a portion of Bies Drive, in the City of
Dubuque, lowa For Vacating Petition (Agreement Between City of
Dubuque and CC15, LLC)
SUMMARY: Proof of Publication on notice of public hearing to consideradopting a
resolution approving the vacating and disposal of city interest of the Bies
Drive right of way property described as Lot 1 B of Roger F. and
Kathleen A. Klauer Family Place, in the City of Dubuque, lowa, and City
Manager recommending approval.
RESOLUTION Vacating a Portion of Bies Drive, I n the City of Dubuque,
I owa, to be Known as Lot 1 B of Roger F.And Kathleen A. Klauer Family
Place, in the City of Dubuque, lowa
RESOLUTION Disposing of City Interest in Lot 1 B of Roger F. And
Kathleen A. Klauer Family Place, in the City of Dubuque, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Vacate Resolutions
Resolution Dispose Resolutions
Vacation Plat Supporting Documentation
Res. 229-23 Supporting Documentation
Agreement with Resolution Supporting Documentation
Dubuque
THE CITY QF �
All-Meriea Ciry
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Petition to Vacate a portion of Bies Drive, in the City of Dubuque, lowa
For Vacating Petition (Agreement Between City of Dubuque and CC15,
LLC)
DATE: July 25, 2023
City Engineer Gus Psihoyos is recommending City Council adopt a resolution
approving the vacating and disposal of city interest of the Bies Drive right of way
property described as Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the
City of Dubuque, lowa.
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 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.
v
Michael C. Van illigen
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
Dubuque
THE CITY OF �
All•pn�eriea Ci�
D y i/ L 4;I1�NWLQ�N:1 Fn.J.F
1 � I � I'
MAste 12CE 01Z t�1e MiS81SS1 1 zoo�•zoiz=zois
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Petition to Vacate a portion of Bies Drive, in the City of Dubuque, lowa
For Vacating Petition (Agreement Between City of Dubuque and CC15,
LLC)
DATE: July 21, 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, lowa.
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, lowa. 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 City Council approved the platting of Lot 1 B and the
setting of a public hearing to vacate and dispose of the property at its July 17, 2023
meeting. A copy of the recorded vacation plat and public hearing resolution are
attached to this memo.
RECOMMENDATION
I am recommending the vacating and disposal of the Bies Drive right of way described
as Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque,
lowa through adoption of the enclosed resolution.
ACTION TO BE TAKEN
I respectfully request that the vacating and disposal of the Bies Drive right of way
described as Lot 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of
Dubuque, lowa through adoption of the enclosed resolution be approved through the
adoption of the enclosed resolutions.
Prepared by Nate Kieffer, PE/PLS
cc: John Klosterman, Public Works Director
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589-4270
Return to: Adrienne Breitfelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)
589-4100
RESOLUTION NO. 256-23
RESOLUTION VACATING A 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, per Resolution No. 143-23 the City of Dubuque has entered into an
agreement with CCI5, LLC for the conveyance of City Owned property including
a portion of Bies Drive, in the City of Dubuque, Iowa; and
Whereas, CC15, LLC has requested the vacation of a portion of Bies Drive and
the conveyance of the property to CCI5, LLC per said agreement; and
Whereas, the City of Dubuque Engineering Department has prepared and
submitted to the City Council a plat showing the proposed vacated area 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, 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 21st day of July 2023, the City
Council of the City of Dubuque, Iowa met by virtual means on the 7th day of
August 2023, 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 request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined
that the proposed vacation of Lot 1 B of Roger F. and Kathleen A. Klauer Family
Place, in the City of Dubuque, Iowa should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 1 B of Roger F. and
Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, be and the same
is hereby vacated.
Passed, approved, and adopted this 7th day of August 2023.
Brad M anagh, Mayor
Attest:
gl___D_G-‘_10.0c-4-
Trish L. Gleason, Assistant City Clerk
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. 257-23
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1 B OF ROGER F.
AND KATHLEEN A. KLAUER FAMILY 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 21st day of July, 2023, the City
Council of the City of Dubuque, Iowa met by virtual means on the 7th day of
August, 2023, 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 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City of
Dubuque, Iowa; and
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 1 B of Roger F. and Kathleen A. Klauer Family Place, in the City
of Dubuque, Iowa, to CCIS, LLC 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 CCI5, LLC.
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 7th day of August 2023.
rad M. v nagh, Mayor
Attest:
Trish Gleason, Assistant City Clerk
INDEX LEGEND Reserved for Recorder
Location: Lot 1 of Roger F.&Kathleen A.Klauer I IIIIIII IIIIII III IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Family Place in the City of Dubuque,lowa.
NE 1/4 of Sec.28 T89N,R2E(Dubuque
�yyp� Doc ID: 011123920008 Type: GEN
Kind: VACATION
Requestor: CityofDubuque Recorded: 07/18/2023 at 02:59:54 PM
Fee Amt: $42.00 Paqe i of 8
Proprietor: City of Dubuque Dubuque County Ioaa
Karol Kennedy Recorder
Surveyor: RusseIlN.Kieffer Fi1e2023�00006857
Company: City of Dubuque
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
COMPRISED OF:
BEING A RIGHT OF WAY VACATION OF PART OF BIES DRIVE,
IN THE CITY OF DUBUQUE, IA
i ��
NORTHWEST
I � CORNER
�� LOT 1
I �� POINT OF
COMMENCEMENT
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° LEGEND
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om ,
� Rj � FOUND 5/8" IRON REBAR W/RED CAP 12631
NORTH � � I � � FOUND 5/8"IRON REBAR W/YELLOW CAP 18128
� � � FOUND 1"IRON PIPE
� G � rn
10' 20' 40' v m � � O SET 5/8" IRON REBAR W/YELLOW CAP 18128
s
SCALE 1"=20'FEET � � R.O.W. RIGHT OF WAY
� � (100.00') RECORD DIMENSION
v �
ia PROPOSED LOT LINE
cfl
"I EXISTING LOT LINE
N� I - - RIGHT OF WAY LINE
�
L
o ��
�O � BEGWNI G F'
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J /L N01° 55'31"W 8.99' ,� OF � � P�'G�
� ����P�NL F PM�M�N�(
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LOT 1 B OF ROGER F. & Q�2 2��8g
KATHLEEN A. KLAUER �
� FAMILY PLACE � L=79.59�
R=45.00'
897 SQ. FT. � � LOT 0=101°20�32��
�.021 AC 0 � B CHORD=S07°26'36"E
� 0 v �p � 69.62' (69.62')
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W w_ 1 �F �����#2�2��6
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� L=8.67' ��R�NS�� � L=13.56'
R=45.00' P R=275.00'
� 0=11°02'10" � 0=2°49'34" SOUTHEAST
� CHORD=S16°00'23"E CORNOTR
���Jp.N CHORD=N48°44'45"E 13.56' (13.56')
SQ�,GE 8.65' (8.65')
10.00' 340.04' (340.04')
10.00' -
S87°59'59"W 350.04' (350.04')
— N01° 55' 31"W 7.68' (7.68') 1�2 Q��
\
CENTURY `�oF ��P a`��°N
�
CIRCLE `Nc�
(50' R.O.W.) NOTES:
� 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
��� O�-A/' 2. PROPRIETOR OF ABOVE DESCRIBED LOT:CITY OF DUBUQUE
� I� 3. SURVEY REQUESTED BY:CITY OF DUBUQUE
4. TOTAL AREA OF PERIMETER SURVEYED IS 897 SQUARE FEET(0.021 ACRES)
� �L� 5. TH�S PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
Q ��� 6. DATE OF SURVEY:12-14-2022
I hereby cerury that this land surveying document was preparetl antl •` 7.CITY RESERVES A PUBLIC UTILITY EASEMENT OVER THE ENTIRETY OF LOT 1 B
the related survey work was pertormed by me or under my direct J
\Oe•� y� wy��y' personal supervisfon and that I am a duly licensed Land
:sr•:��s SurveyorunderthelawsotlheStaleotlowa. DUbUQUP. CITY OF DUBUQUE
,G�i' '•G.A ForiheCiryofDubuque ENGINEERING DEPARTMENT
�/� • G
��e � CITY HALL, 50 WEST 13th STREET
p: RUSSELL N. �;� DUBUC]UE. IA szooi-assa
�� KlEFFER �O , PHONE (563)589-4270 FAX (563)589-4205
, � �� � .�� Drawn By. JJB Approved By RNK Date: 07-10-23
18128 �/l�/�
� �• " �_��-�� � LOT 1B OF ROGER F.AND KATHLEEN A.KLAUER
+��� ••� Russell N.werter lowa Lic.No.18128 Date ZOO'I 'ZOZ'2 FAMILY PLACE IN THE CITY OF DUBUQUE,IOWA
`",•A•I'A�� My license renewal dale is Decembar 31,2024 2013 2017
'O Y Y n pages or sheets covered by this seal: PAGES 1 6 2 ONLY 2019 C.I.P.Number Sheet Number � o( r'J
�I ZO° � � � ►�v�
SURVEYOR'S CERTIFICATE
I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of lowa, do hereby certify that the following real
estate was survey and platted by me or under my direct personal supervision, To Wit;
Lot 16 of Roger F. and Kathleen A. Klauer Family Place, in the City of Dubuque, lowa, being a R.O.W.
vacation of a portion of Bies Drive, in the City of Dubuque, lowa, more particularly described as follows:
Lot 16 of Roqer F. and Kathleen A. Klauer Familv Place, in the Citv of Dubuque, lowa
Commencing at the Northwest Corner of Lot 1 of Roger F. and Kathleen A. Klauer Family Place, in the City of
Dubuque, lowa;
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 1B of Roger F.and Kathleen A. Klauer Family
Place, in the City of Dubuque, lowa.
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 lowa.
�°°0 �,v '��/�il 7it ►� d � ` �o-a dZ 3
��.�N:.�...D s ` Date
��.•` '•.G,A Russell N. Kieffer, P.L.S. No. 18128
' � My license renewal date is Dec. 31, 2024
p; RUSSELL N. �mc Pages on sheets covered by this seal: this sheet only
�; KIEFFtR ;�
: 18128
'•.
�IOWP
2
OWNER'S CONSENT
Dubuque, lowa �u�Y �g , 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, lowa, 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: '��L�� �
Ad ienne N. Breitfelder, Clerk
UNIVERSAL NOTARY CERTIFICATE
STATE OF �71n� ) CAPACITY CLAIMED BY SIGNER
COUNTY OF ��u �-�-e-- _�NDIVIDUAL
� 1 �CORPORATE OFFICER(S�
On this �a day of �tJ��� , 2023, before me, m�vor anr� C��v 1er cr���e>
the undersigned, a Notar�Public in and for said State, personally (CORP SEAL)
appeared Qd+��tBr�i�ld�- $re�l Cc►X}8'Y'�fe personally known, _AFFIXED
OR_proved to me on the basis of satisfactory evidence to be NO SEAL PROCURED
the person(s) whose name(s) is/are subscribed to the within PARTNER(S)_LIMITED_GENERAL
instrument and acknowledged to me that he/she/they executed _ATTORNEY-IN-FACT
the same in his/her/their authorized capacity(ies), and that by _TRUSTEE(S)
his/her/their signature(s) on the instrument the person(s) acted, GUARDIAN/CONSERVATOR
executed the instrument. . � _OTHER
(Notary Seal)
(Signinblueink) SIGNER IS REPRESENTING
�. �.� TUSDEE LYNN BW . u G��/ � U U�U Q I��,
s '� Coa1�11ts10�Nlnl�� �t� �Pri rype name)
0
ow► Mr COqMII.�J Public in and for State of lowa
3
PLANNING SERVICES
Dubuque, lowa � " �7 , 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,lowa, or within the two-mile jurisdiction of the City of Dubuque, lowa, as define under
Section 354 of the Code of lowa, has been reviewed by the City Planner, (or designee) e Ci buque
in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, an ai ap ov ee
endorsed herein on the date first written above.
W y "m , City Planner
I ing Services Division
City of Dubuque, lowa
CITY OF DUBUQUE. IOWA
Dubuque, lowa Ju�y I 0 , 2023
The undersigned, Brad M. Cavanagh, Mayor, and Adrienne N. Breitfelder, Clerk of the City of Dubuque, lowa,
do hereby certify that the foregoing Plat of Survey (R.O.W. Vacation) of Lot 16 of Roger F. and Kathleen A.
Klauer Family Place, in the City of Dubuque, lowa, as appears heretofore has been filed on �� day
of T���/ , 2023 as Resolution # aay-a.3 in the o�ce of the City
Clerk of Du uque, lowa and that the City Council of the City of Dubuque, lowa appr �d pla
Mayor of the � Dubuque, IA
���(�%2�� -
Clerk of the City of Dubu,que, IA
COUNTY AUDITOR � �
,_.�,,.�
.;��15'1�.�`.. c' 4 �..;
1 f � . y� R
��\� p�1��,.
Dubuque, lowa 1 � , 2023; �,,� ,V;>�,�,
-� �:, �. �,.� �1 L� '�
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 16 of Roger F. and Kathleen�Ar.�^F�lauer Famity PI e,� � ; �
in the City of Dubuque, lowa, was entered of record in the office of the Dubuque C ed�ty Auditor this i� �,+ '
o f , 2 0 2 3. We approve t he su b division name or ti t le s hown her�to,be recor de d.; .; ,�,«� `
� ��,�� . .� . �r:
vin`
Dubuque County Auditor
, ;�
4
CITY ASSESSOR
Dubuque, lowa �(�l. 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, lowa,was entered of record in the office of the Dubuque County Assessor this��'
of , 2023. �
oy Patzner
� Dubuque City Assessor
RECORDER'S CERTIFICATE
Dubuque, lowa 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, lowa, has been reviewed by the Dubuque County Recorder.
KARvI.KfuN�Y q.�.
Recorder of Dubuque Cquntq�;,;�;,�
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Prepared by� Nate Kieffer,City of Dubuque,5U W. f3'"Street,Dubuque,IA 52001 (563)589-4270
Return to: Nate Kieffer,City of Dubuque.50 W.13"'Street,Dubuque,IA 52001 (563)588-427U
RESQLUTfON NO. 224-23
RESOLUTION APPROVING PLAT O� 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,
lowa, a plat dated July 10, 2Q23 prepared by the City of Dubuque Engineering
Department, showing the proposed vacated area of a portion of Bies Drive, in the City of
Dubuque, lowa and assigned a lot number thereto, to be known as Lot 1 B of Roger F.
and Kathleen A. Klauer Family Place, 9n the City of Dubuque, lowa; 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 #o 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,
lowa.
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, lowa.
Passed, approved and adopted this 17"' day of July, 2023.
rad M. anagh, Mayor
Attest:
G�!�2c.�'".,�tr2. �� i�1l,�G
Adrienne N. BreitFe der, City Clerk
CERTIFICATE of t`i,e 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, lowa, 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,
lowa.
Dated at Dubuque, lowa, on this 18th day of July, 2023.
-_�.
,,,,,.,.. C: y
�� �U+�� T�f�vµt �I A��!�' �/w""�"'� ,
.,w-�.
�'���+'"{+'+��1 fF 1�`� Adrienne N. Breitfelder City Clerk
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Prepared by Nate Kieffer, CiEV of Dubuque EnQineering 50 W. 13t� St. Dubuque, IA 52001
Return to Adrienne N. Breitfelder, City Cterk, C�ty of Dubuque SO W. 13s�' St. flubuque, IA 52001
RESOLUTEON NO. 229-23
RESOLUTION OF lNTENT TO VACATE AND DISPOSE OF A PORTlQN OF BlES
DR11/E, IN THE CITY OF DUBUQUE, IOWA, TD BE KNOWN AS L�T '�B OF R�GER
F'. AND KATHLEEN A. KLAUER FAMILY PLAC�, iN THE C1TY OF DUBUQUE, IOWA
Whereas, per Resolution No. 143-23 the City of Dubuque has entered into an
agreement witf� CC15, LLC for the conveyance of City Owned property �ncluding a portion
of Bies Dri�e, in the City of Dubuque, lowa; and
Whereas, CC15, LLC has requested the vacation o#a porkion of Bies Dri�e and the
c�nveyance of the property to CC15, LLC per said agreement; an�
Whereas, the City of Dubuque Engineering Department l�as prepared and
submi�ted to the City Council a piat showing the �roposed vacated area af Bies Drive, in
the City af Dubuque, lowa ar�d assigned a lot number thereto, to be known as �ot 1 B of
Roger F, and Kathleen A. Klauer Family Place, in the City of Dubuque, 1owa.
N�W THEREFORE, BE IT RESOLVED BY THE CITY COUNCfL OF THE CITY
OF DUBUQUE, IQWA;
Section 1. That the City of Dubuque intends to vacate and dispos� af Lot 1 B of
Roger F. and Kathleen A. Klauer FamiEy Place, in the City of Dubuque, lowa.
Section 2. That a public �earing, andlor by virtual mea�s, on the intent to vacate
and dispose of �ot 1 B of Roger F. and Kathleen A. Klauer Fami�y Place, in the City o#
Dubuque, lowa is hereby set for the 7t" day of August, 2023, at the Historic Fede�al
Building, 350 W. 6�h Street, Dubuque, lowa, beginning at 6:3(} p.m., and the Cify 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 p�hlished in the manner as prescribed by 1aw.
Passed, approved and adopted ti�is 17t" day of July, 2D23.
Brad . avanagl�, Mayar
Attest:
�., � ,
?�r.��/'/,�1-� �.�L , �'�
Adrienne N. Breitfelder, C�ty Clerk
1
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa will
hold a public hearing on the 7t" day of August 2023 at 6:30 p.m. in the Historic Federal
Building, 350 W. 6th Street, 2nd floor, Dubuque, lowa, at which meeting the City Council
proposes to vacate and convey a portion of the Bies Drive street right of way over the
following described real property to CC15, LLC:
A portion of the Bies Drive known as Lot 1 B of Roger F. and Kathleen A. Klauer
Family Place, in the City of Dubuque, lowa
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. 13t" St., Dubuque, IA 52001, before said time of public hearing. At said
time and place of public hearings the City Council will receive any written comments
received by the City Clerk's Office before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision, hearing, or speech impairments
requiring special assistance should contact the City Clerk's Office at (563)589-4100, TDD
(563)690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard-of-hearing
individuals can use Relay lowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 17t" day of July 2023.
Adrienne N. Breitfelder, CMC City Clerk
Prepared bv f�ate I(ieffer City of Dubuque Enpineerinq 50 W 13�h Sf Dubuque,lowa 52Q01 (563)589-4270
Return to Adrienne N.Breitfelder Cify of Dubuque City Clerk 60 W 13t'`St bubuque,lowa 52001 {663)589-4100 E
- RES�LUTION NO. 743-23 i
�
APPROVING AN AGREEMENT BETWEEN THE C1TY OF DUBUQUE, I�WA AND
CC15, LLC.
Whereas, CC15 is the owner of the property legalfy described as:
�ot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City o�Dubuque,
[owa, according fio the recorded plat ti�ereof
and as shown on Exhi�it A of the attached A�reement (�he Real Estate); and
11Vhereas, City �s the owner of the abutting right-of-way as sf�own an Exhibit A of fhe
attached Agreement; and
11Vhereas, in the future City intends �o reconstruct fhe intersection of Bies Drive,
Sylvan Drive and Cen�ury Drive, which reconstruction will include raadway improvements,
sidewalk installafion, and ut�lity improvem�nts (th� Future Projecf); and
Whereas, City has determined that the Future Pro�ect will relocate the alignment of
Century Dri�e which wilf requir� acquisition of additional right-of-way by City from CC15;
and
Wh�r�as CC15 is willin to dedicate th� n�e�ssa addi#ional ri ht-of-wa to Cit •
, � rY 9 Y Y�
and �
,
Whereas, the �uture Project cancept does not shaw a need for the existing excess �!,
cul-de-sac right-of-way area on the east s9de of t9�e intersection and the area abuts the I
GC15 property on Bies Drive; and
Whereas, City is wiEling ta �acate the excess cu1-�de�sac right-of way ta CCIS; and
Whereas, the parties ha�e agreed the land transfer� as part af the Future Pro�ect
are substantially equivalent in �alUe; and
Whereas, �ia the attached agr�ement, the par�ies hav� come fo terms as s�t farth
her��n for how to best effectuate the camportenfs of the �uture Project to maximize the
benefits to each �arty and the residents and uisitors ta Dubuque.
�� W�ereas, CC15, LLC has executed the Agreement,
NQW, THEREFORE, BE IT RESOLVED BY THE CITY COUIVCIL OF THE CfTY
OF' DUBUQUE, iOWA:
Section 1. The Agreement attac�ed hereto is hereby ap�roved.
Sectian 2. The City Mana�er is au#horize� and directed to execute th�e Agreement
on beha�f of the Cify of Dubuque.
Passed, appraved, and ado�ted this 15t day af May 2023.
Brad M. Cav�- , Mayor
Attest:
Trisl� Gleason, Assistant City C�erk
AGREEMENT
BETWEEN
THE CITY �F DUBl1QUE, IOWA
AND
CC15, LLC
This Agreement (the Agreement), dated for reference purposes the � � day of
,',,,s ,` / , 2023, is made and entered into by and between CC15, LLC (CC15))
and t�he City of Dubuque, lowa (City).
Whereas, CC15 is the owner of the property legally described as:
Lot 1 of Roger F. & Ka�hleen A. Klauer Family Place, in the City of
Dubuque, lawa, accarding to the recorded p{at thereof
and as shown on Exhibit A (the REaI Estate}; and
Whereas, City is the owner of tf�e abuttir�g right-of-way as shown on
Exhibit A; and
Whereas, in the future C�ty intends to reconstruct the intersection af Bies Drive,
Sylvar� Crive and Century Drive, which r�construc�ion will �nclude roadway
improvements, sidewalk installation, and utility improvements {�he Fu�ure Project); and
Whereas, City has determ�ned that the Future Project rrvill relocate the alignment
of Century Drive which will require acquisition of aclditianal right-of-way by City from
CC15; and
Whereas, CC15 is willing to dedicate the necessary additional right-of-way t� City;
and
Whereas, the �uture Project concept does not show a need for the existing
excess cul-de-sac right-af-way are�a on the east side of the intersection and the area
ai�uts the CClS property an Bies Drive; and
Vllhereas, Coty is willir�g to �acate th� excess cul-de-sac right-of-way tca CC15; and
Whereas, the parties f�ave agreed the land transfers as part of the Future Project
are substantially equi�alent in value; and
Whereas, the parties have come to terms as set forth herein for how to best
eff�ctuate the compon�nts of the Future Praject ta maximize the benefifs ta each party
and the residents and �isitors to Dubuq�e.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CC15 AND CITY AS
FOLL�DWS:
SECTION 'I. CiTY OBLlGATIONS.
1.1 City is responsible for all necessary platting, surveying, and recording costs to
efFectuate the transactic�ns contemplated by this Agreement.
1.2 City will vacate the existing cul-de-sac street �Fght-of-way and deed Area A as
shawn on Exhib�t A to CC15 by quitclaim deed to CC15.
1.3 City will retain a public utility easement o�er Area A as shawn on Exhibit A as
par� of the right-of-way vacation process.
1.4 City's obligations shall be at no cost to CC15.
SECTIUN 2. CC15 OBLIGATIDNS.
2.1 CC15 agrees ta dedicate to City at no cost to City Area B as shown on Exhibit A
for p�abiic street right-of-way and utility purposes by right af way dedication plat.
SECTiflN 3. BMNDING Ow SUCCESSORS AND AS51GfVS. This Agreement shall be
binding �wpon the parti�s hereto and their successors and assigns.
SECTION 4. CITY COUNCIL APPROVAL REQUIRED. This Agreement is subject to
final approval by the City Councii in its sole discretion.
CITY OF DUBUQUE, IOWA CC15, LLC
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D�I. Q�I.
Michael C. Van Milligen, City Manager Name: _��_ e t ��: f'�x�� �`� 6�.-�...-
Its:
Date: � °� � Date: ;�(�,� f E'' :' �C �� �
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EXHIBIT A
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* � .� '� t�;" LOT 1 OF ROGER F.
� ;�„� � ,�. ;�'€ '��";VACATED T� �`'�'' -g� KATHLEEN A. '
« "����,� ��' � '�� ����� �5"CC15, LLC `•' 4'KLAUER �AMILY I
.� �' -! '� �.�,`
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aqe��irs snau��t t�e�m n3ai�rq�anV e���«.mar��e,i��id�•n�aa, �ubuquE,lowa 5200�
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11
is
of
Doc ID: 011141680005 Type GEN
Kind: DEED WITH RESOLUTION
Recorded: 09/08/2023 at 01:45:14 PM
Fee Amt: $32.00 Page 1 of 5
Revenue Tax: $0.00
Dubuque County Iowa
Karol Kennedy Recorder
File2023-00003599
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
Tax statement to:
CCI5, LLC
7629 Commerce Park
Dubuque, Iowa 52002
QUIT CLAIM DEED
For the consideration of One Dollar and other valuable consideration, the City of
Dubuque, Iowa does hereby Quit Claim to CCI5, LLC, all its right, title, interest, estate,
claim and demand in the following described real estate in Dubuque County, Iowa:
Lot 1 B of Roger F. & Kathleen A. Klauer Family Place, in the City of
Dubuque, Iowa
Subject to a public utility easement reserved over the entirety of said Lot 1 B of Roger F. &
Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa per Instrument Number
2023-00006857 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.
There is no known private burial site, well, solid waste disposal site, underground
storage tank, hazardous waste, or private sewage disposal system on the
property as described in Iowa Code Section 558.69, and therefore the
transaction is exempt from the requirement to submit a groundwater hazard
statement.
Dated: August 22 , 2023
CITY OF DUBUQUE, IOWA
Brad M. C. agh, Mayor
avbLctk (14v C ier((
Icy
Attest:
Trish.M, Gleason, Assistant City Clerk
Trish Lo Gleason
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this . day of a u ti f , 2023, before me a Notary Public inland for said
rash La leason
County and said State, pers pally appeared Brad M. Cavanagh and Trish Gleason, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and
Assistant City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was
signed on behalf of said City of Dubuque by authority,Qf Resolution No. 257-23 and that
the said Brad M. Cavanagh an 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.
Trish L. Gleason, Assistant City Clerk
TUSDEE LYNN ILUS
Commission Number I4247$
My Comm. Lip. 1-21.s,
Notary public
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. 257-23
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1B OF ROGER F.
AND KATHLEEN A. KLAUER FAMILY 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 21 st day of July, 2023. the City
Council of the City of Dubuque, Iowa met by virtual means on the 7th day of
August. 2023. at 6:30 p.m. in the Historic Federal Building Council Chambers
(second floor). 350 West 6' Street, Dubuque. Dubuque County, Iowa to consider
the proposal for the sale of real estate described as:
Lot 1B of Roger F. and Kathleen A, Klauer Family Place. in the City of
Dubuque. Iowa; and
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 1B of Roger F. and Kathleen A. Klauer Family Place, in the City
of Dubuque, Iowa. to CCIS, LLC 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 CC15, LLC.
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 7th day of August 2023.
ad M. v nagh, Mayor
Attest:
Trish Gleason, Assistant City Clerk
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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 attachedResolution No.
257-23 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 22nd day of August, 2023.
••79_,(v
Trish L. Gleason, Assistant City Clerk
(SEAL)
riel5 Oka,
i) (2es * 9.5(0-.23
STATE OF IOWA SS: a) 1245 t asrt-- 3
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:
07/21/2023
and for which the charge is 74.52
47d- (76.4.:ZI-
�l
Subscribed to before me, a Notary Pub ' in and for
Dubuque County, Iowa,
this 24th day of July, 2023
Notary Publ
and for Dubuque County, Iowa.
,,, AL
0
z
IOW`
JANET K. PAPE
Commission Number 199659
• My Commission Expires
12/11/2025
X-Or15i► A-A1-cd L /
0.Sle- 3
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the
City ,of Dubuque, Iowa will hold a public hearing on the 7th
day of August 2023 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 vacate and convey a
portion of the Bies Drive street right of way over the
following described real property to CCI5, LLC:
A portion of the Bies Drive known as Lot 1B of Roger F. and
Kathleen A. Klauer Family 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.novrsagenda.com/AgendaPublic/ or by
^ffice at 3-5?9-4 MP ,
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. l3th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments
received by the City Clerk's Office before said time of public
hearing.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 17th day
of July 2023.
Aor;P.r'. lT 3_•P; fel der
CMC, City Clerk
RESOLUTION NO. 229-23
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF A 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, per Resolution No. 143-23 the City of Dubuque has
entered into an agreement with CCI5, LLC for the conveyance of
City Owned property including a portion of Bies Drive, in the
City of Dubuque, Iowa; and
Whereas, CCIS, LLC has requested the vacation of a portion
of Bies Drive and the conveyance of the property to CCI5, LLC
per said agreement; and
Whereas, the City of Dubuque Engineering Department has
prepared and subm;tted to the City Council a plat showing the
proposed vacated area of Bies Drive, in the City of Dubuque,
Iowa and assigned a lot number thereto, to be known as Lot 1B
of Roger F. and Kathleen A. Klauer Family 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 vacate and
dispose of Lot 1B of Roger F. and Kathleen A. Klauer Family
Place, in the City of Dubuque, Iowa.
Section 2. That a public hearing, and/or by virtual means,
on the intent to vacate and dispose of Lot 1B of Roger F. and
Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa
is hereby set for the 7th day of August, 2023, 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 l7th day of July, 2023.
/sBrad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Britfelder,
City Clerk
It 7/21