Petition to Vacate the Alley Right of Way in block bounded by Finley Street, Green Street, and Bunker Hill RoadCity of Dubuque
City Council
Copyrighted
October 21, 2024
ITEMS SET FOR PUBLIC HEARING # 1.
ITEM TITLE: Setting a Public Hearing - Petition to Vacate the Alley Right of
Way in the block bounded by Finley Street, Green Street, and
Bunker Hill Road in Finley's Addition in the City of Dubuque,
Iowa For Vacating Petition (Agreement Between City of
Dubuque and Interstate Power and Light Company)
SUMMARY: City Manager recommending City Council set a public
hearing for November 4, 2024 in response to a request from
property owner Interstate Power and Light Company (IPL) for
the vacating of the alley right of way in the block bounded by
Finley Street, Green Street, and Bunker Hill Road in Finley's
Addition in the City of Dubuque, Iowa, adjacent to the IPL
property at Bunker Hill Road and Finley Street in the City of
Dubuque, Iowa.
RESOLUTION Intent To Vacate And Dispose Of The Alley
Between The West Line Of Finley Street And The East Line
Of Bunker Hill Road, In Finley's Addition To The City Of
Dubuque, In The City Of Dubuque, Iowa, To Be Known As
Lot 186a Finley's Addition In The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: November 4, 2024
ATTACHMENTS:
1. MVM Memo
2. 1 alliant bunker hill alley vacate memo set PH
3. 2 Resolution of Intent to Vacate alliant bunker hill alley
4. 3 alliant bunker hill alley vacate plat signed
5. 4 Alliant Bunker Hill Alley Vacate Agreement _06042024 IPL Signed w exhibit
6. 5 Notice_of_Public_Hearing_alliant bunker hill alley vacate
7. 24_10_10 Agreement btwn City and Interstate Power and Light Vaca
Page 397 of 1713
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Setting a Public Hearing - Petition to Vacate the Alley Right of Way in the
block bounded by Finley Street, Green Street, and Bunker Hill Road in
Finley's Addition in the City of Dubuque, Iowa
For Vacating Petition (Agreement Between City of Dubuque and Interstate
Power and Light Company)
DATE: October 16, 2024
City Engineer Gus Psihoyos is recommending City Council set a public hearing for
November 4, 2024 in response to a request from property owner Interstate Power and
Light Company (IPL) for the vacating of the alley right of way in the block bounded by
Finley Street, Green Street, and Bunker Hill Road in Finley's Addition in the City of
Dubuque, Iowa, adjacent to the IPL property at Bunker Hill Road and Finley Street in
the City of Dubuque, Iowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Y
Mic ael C. Van Milligen
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PE/PLS
Page 398 of 1713
THE CITY OF
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Setting a Public Hearing - Petition to Vacate the Alley Right of Way in the
block bounded by Finley Street, Green Street, and Bunker Hill Road in
Finley's Addition in the City of Dubuque, Iowa
For Vacating Petition (Agreement Between City of Dubuque and Interstate
Power and Light Company)
DATE: October 9, 2024
INTRODUCTION
This memorandum requests the City Council set a public hearing for November 4, 2024
in response to a request from property owner Interstate Power and Light Company (IPL)
for the vacating of the alley right of way in the block bounded by Finley Street, Green
Street, and Bunker Hill Road in Finley's Addition in the City of Dubuque, Iowa, adjacent
to the IPL property at Bunker Hill Road and Finley Street in the City of Dubuque, Iowa.
BACKGROUND
IPL owns the adjacent properties on both sides of the subject alley area to be vacated.
The City of Dubuque has entered into an agreement (see fully executed agreement
attached) with IPL for the sale of City owned property in order to accommodate the
construction of the new Bunker Hill Substation. As part of that agreement, the property
owner is responsible for the surveying and platting of the proposed division of the
property and right of way vacation as well as all costs for publication and filing fees.
DISCUSSION
The attached plat shows the alley right of way area proposed to be vacated. The alley
right of way area to be vacated is described as Lot 186A Finley's Addition in the City of
Dubuque, Iowa. The street right of way area to be vacated needs to be platted. The
Atwell Group has prepared the attached vacation plat.
RECOMMENDATION
I am recommending that a public hearing should be held on November 4, 2024, for the
vacation of and disposal of city interest in the alley right of way property.
ACTION TO BE TAKEN
I respectfully request that the City Council set a public hearing for November 4, 2024,
for the vacation of and disposal of city interest in the right of way property described as
Lot 186A Finley's Addition in the City of Dubuque, Iowa through adoption of the
enclosed resolution.
Page 399 of 1713
Prepared by Nate Kieffer, PE/PLS
Page 400 of 1713
Prepared by Nate Kieffer City of Dubuque Engineering 50 W 1 V St Dubuque IA 52001
Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 13'h St. Dubuque, IA 52001
RESOLUTION NO. 333-24
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF THE ALLEY BETWEEN
THE WEST LINE OF FINLEY STREET AND THE EAST LINE OF BUNKER HILL ROAD,
IN FINLEY'S ADDITION TO THE CITY OF DUBUQUE, IN THE CITY OF DUBUQUE,
IOWA, TO BE KNOWN AS LOT 186A FINLEY'S ADDITION IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City of Dubuque has entered into an agreement with Interstate
Power Company for the conveyance of City Owned property comprised of the Alley
Between the West Line of Finley Street and the East Line of Bunker Hill Road, in Finley's
Addition to the City of Dubuque, in the City of Dubuque, Iowa to accommodate the
construction of a new power substation facility; and
Whereas, Interstate Power and Light Company has requested the vacation of the
Alley Between the West Line of Finley Street and the East Line of Bunker Hill Road, in
Finley's Addition to the City of Dubuque, in the City of Dubuque, Iowa and the conveyance
of said property to Interstate Power and Light Company per said agreement; and
Whereas, Atwell Group has prepared and submitted to the City Council a plat
showing the proposed vacated Alley Between the West Line of Finley Street and the East
Line of Bunker Hill Road, in Finley's Addition to the City of Dubuque, in the City of
Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 186A Finley's
Addition 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 186A
Finley's Addition in the City of Dubuque, Iowa.
Section 2. That a public hearing on the intent to vacate and dispose of Lot 186A
Finley's Addition in the City of Dubuque, Iowa, Iowa is hereby set for the 4th day of
November, 2024, at the Historic Federal Building, 350 W. 6t' 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.
Attest:
Passed, approved and adopted this 21 st day of October, 2024.
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Adrienne N. Breitfelder, City Clerk
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INDEX LEGEND
LOCATION: LOT 186A FINLEY'S ADDITION
IN THE CITY OF DUBUQUE, IOWA
PART OF SECTIONS 22 & 23, T89N, R2E
OF THE 5TH P.M., DUBUQUE, IOWA
REQUESTOR: RICHARD KULLANDER - ALLIANT ENERGY
PROPRIETOR: CITY OF DUBUQUE
50 W 13TH ST., DUBUQUE, IA 52001
SURVEYOR: ERIC W. BRAND
PLAT OF SURVEY (VACATION)
OF
LOT 186A FINLEY'S ADDITION IN THE CITY OF DUBUQUE, IOWA, BEING PART OF SECTIONS 22 AND 23,
TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE FIFTH PRINCIPAL MERIDIAN, DUBUOUE COUNTY, IOWA
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DESCRIPTIONS, LEGEND,
SURVEYOR'S CERTIFICATE,
GENERAL NOTES, AREA TABLE,
AND BASIS OF BEARING
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DATE: DATE: APRIL 2, 2024
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CAD FILE: 22002524PS-02 ALLEY.DWG
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DESIGN FIRM #184-005876
Page 403 of 1713
PLAT OF SURVEY (VACATION)
OF
LOT 186A FINLEY'S ADDITION IN THE CITY OF DUBUQUE, IOWA, BEING PART OF SECTIONS 22 AND 23,
TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE FIFTH PRINCIPAL MERIDIAN, DUBUOUE COUNTY, IOWA
LEGAL DESCRIPTION:
FOR THE VACATION OF ALL OF THE ALLEY BETWEEN THE WEST LINE OF FINELY STREET AND THE EAST LINE OF BUNKER HILL ROAD, FINLEY'S ADDITION TO THE CITY OF DUBUQUE,
ACCORDING TO THE PLAT AS RECORDED IN BOOK "0" PAGE 94 RECORDER'S OFFICE OF DUBUQUE COUNTY, IOWA MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF ALLIANT BUNKER HILL ADDITION AS RECORDED JULY 19, 2023 AS FILE NUMBER 2023-00006895 RECORDER'S OFFICE OF
DUBUQUE COUNTY, IOWA; THENCE NO3°42'47"W 20.72 FEET (RECORDED AS 20.00 FEET) ALONG THE EASTERLY RIGHT OF WAY LINE OF BUNKER HILL ROAD; THENCE N64°45'00"E
260.57 (RECORDED AS 260.57 FEET AND 261.37 FEET) FEET ALONG THE SOUTHERLY LINE OF LOT 2 OF FABER PLACE IN THE CITY OF DUBUQUE, IOWA AS RECORDED IN BOOK 17
PAGE 103 RECORDER'S OFFICE OF DUBUQUE COUNTY, IOWA, AND ALSO ALONG THE SOUTHERLY LINE OF LOTS 1 AND 2 OF INTERSTATE PLACE IN THE CITY OF DUBUQUE, IOWA, AS
RECORDED IN BOOK 900 PAGE 81 RECORDER'S OFFICE OF DUBUQUE COUNTY, IOWA, TO THE WESTERLY RIGHT OF WAY LINE OF FINLEY STREET; THENCE S26°23'21"E 19.23 FEET
(RECORDED AS 20.00 FEET) ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID FINLEY STREET TO THE NORTHEAST CORNER OF LOT 2 SUBDIVISION OF LOT 185 OF FINLEY'S
ADDITION AS RECORDED IN BOOK 20, PAGE 275 RECORDER'S OFFICE OF DUBUQUE COUNTY, IOWA; THENCE S64°44'22"W 268.56 FEET ALONG THE NORTHERLY LINE OF SAID LOT 2
SUBDIVISION OF LOT 185 FINLEY'S ADDITION, LOTS 186 AND 187 OF FINLEY'S ADDITION AS RECORDED IN BOOK "0" PAGE 94 RECORDER'S OFFICE OF DUBUQUE COUNTY, IOWA, AND
SAID LOT 1 OF ALLIANT BUNKER HILL ADDITION TO THE PLACE OF BEGINNING; CONTAINING 0.117 ACRES, MORE OR LESS, AND BEING SUBJECT TO EASEMENTS, CONDITIONS,
RESTRICTIONS, AND EXCEPTIONS OF RECORD, IF ANY.
GENERAL NOTES:
1. COMPARE ALL DISTANCES AND POINTS IN FIELD AND REPORT ANY
DISCREPANCIES IN SAME TO SURVEYOR AT ONCE.
2. NO DIMENSIONS SHOULD BE ASSUMED BY SCALING.
3. THE FIELD WORK WAS COMPLETED ON FEBRUARY 28, 2023.
4. PROPERTY CONTAINS 5,093 SQ. FT ± OR 0.117 ACRES ±.
5. A TITLE COMMITMENT WAS NOT PROVIDED TO ATWELL, LLC, THEREFORE
ADDITIONAL EASEMENTS, SERVITUDES AND RIGHTS MAY AFFECT THE PROPERTY
DESCRIBED HEREON, THAT ARE NOT SHOWN ON THIS SURVEY.
6. THE UNADJUSTED ERROR OF CLOSURE IS LESS THAN ONE IN FIVE THOUSAND.
STATE OF MICHIGAN )
) SS
COUNTY OF KALKASKA )
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.
44
A(SIGNATURE)--_------ — DATE
LAND
ERIC W. BRAND v<v.
IA-20471
ATWELL, LLC = —'
MY LICENSE EXPIRES DECEMBER 31, 2024 _ : ERIC W. BRAND
PAGES COVERED BY THIS SEAL: SHEETS 1 & 2 20471
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BASIS OF BEARINGS:
BEARINGS, DISTANCES AND ACREAGE SHOWN ON THIS SURVEY ARE BASED
ON IOWA STATE PLANE GRID VALUES, NORTH ZONE, NAD83 DATUM, U.S.
SURVEY FOOT.
AREA
SQ. FT.± ACRE±
TOTAL AREA 5,093 0.117
DR: STP
CAD FILE: 22002524PS-02 ALLEY.DWG
SHEET 2 OF 4
PROJECT NO.: PROJECT NO.:22002524
DATE: DATE: APRIL 2, 2024
Page 404 of 1713
i0
PLAT OF SURVEY (VACATION)
OF
LOT 186A FINLEY'S ADDITION IN THE CITY OF DUBUQUE, IOWA, BEING PART OF SECTIONS 22 AND 23,
TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE FIFTH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA
SURVEYOR'S CERTIFICATE
I, ERIC W. BRAND, 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:
LOT 186A FINLEY'S ADDITION IN THE CITY OF DUBUQUE, IOWA.
THIS SURVEY WAS PERFORMED FOR THE PURPOSE OF SUBDIVIDING AND PLATTING SAID REAL ESTATE HENCEFORTH TO BE KNOWN AS LOT 186A FINLEY'S ADDITION, IN THE CITY OF DUBUQUE, IOWA. TOTAL AREA
OF LOT 186A IS 0.117 ACRES (5,093 SQUARE FEET). 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.
LAND
G
ERIC W. BRAND _ DATE V '�
LICENSED LAND SURVEYOR LICENSE RENEWAL DATE: 12/31/24 LICENSE NO. 20471 J: ERIC W. BRAND: 0_
#20471 = _
DUBUQUE, IOWA
20471
OWNER'S CONSENT
Ni /OW i0����``
------------------• 2024
THE FOREGOING PLAT OF SURVEY (VACATION) OF: LOT 186A FINLEY'S ADDITION, 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 LOT 186A IN FINLEY'S ADDITION TO THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, IN THE CITY OF DUBUQUE, IOWA. LOT 186A FINLEY'S ADDITION, IN
THE CITY OF DUBUQUE, IOWA TO BE VACATED
MAYOR OF THE CITY OF DUBUQUE, IA
STATE OF IOWA )
)
COUNTY OF DUBUQUE ) SS:
CLERK OF THE CITY OF DUBUQUE, IA
ON THIS ----- DAY OF -------- , AD 2024, BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF IOWA, PERSONALLY APPEARED BRAD M. CAVANAGH IS THE MAYOR AND ADRIENNE
N. BREITFELDER IS THE CLERK FOR THE CITY OF DUBUQUE, IOWA TO ME PERSONALLY KNOWN, WHO, BEING DULY SWORN DID SAY THAT SAID BRAD M. CAVANAGH AND ADRIENNE N. BREITFELDER THAT THE SEAL
AFFIXED TO THE ABOVE INSTRUMENT WAS SIGNED AND SEALED ON BEHALF OF SAID CORPORATION BY AUTHORITY OF ITS BOARD OF DIRECTORS, AND THAT SAID BRAD M. CAVANAGH IS THE MAYOR AND ADRIENNE
N. BREITFELDER IS THE CLERK FOR THE CITY OF DUBUQUE, IOWA, ACKNOWLEDGED THE EXECUTION OF SAID INSTRUMENT TO BE THE VOLUNTARY ACT AND DEED BY IT VOLUNTARILY EXECUTED.
WITNESS MY HAND AND NOTARIAL SEAL OF THE DATE ABOVE WRITTEN.
---------------------------------
NOTARY PUBLIC IN AND FOR THE STATE OF IOWA
MY COMMISSION EXPIRES --- ------
DR: STP
CAD FILE: 22002524PS-02 ALLEY.DWG
%*SET 3 OF 4
PROJECT NO.: PROJECT NO.:22002524
DATE: DATE: APRIL 2, 2024
Page 405 of 1713
DUBUQUE, IOWA
PLAT OF SURVEY (VACATION)
OF
LOT 186A FINLEY'S ADDITION IN THE CITY OF DUBUQUE, IOWA, BEING PART OF SECTIONS 22 AND 23,
TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE FIFTH PRINCIPAL MERIDIAN, DUBUOUE COUNTY, IOWA
CITY OF DUBUQUE PLANNING SERVICES
___-__- 2024
THE FOREGOING PLAT OF SURVEY (VACATION) OF: LOT 186A FINLEY'S
ADDITION, IN THE CITY OF DUBUQUE, IOWA WAS REVIEWED AND APPROVED BY
THE CITY OF DUBUQUE PLANNING SERVICES ON THE DATE FIRST WRITTEN
ABOVE.
CITY PLANNER
DUBUQUE, IOWA
CITY ASSESSOR'S CERTIFICATE
2024
THE FOREGOING PLAT OF SURVEY (VACATION) OF: LOT 186A FINLEY'S
ADDITION, IN THE CITY OF DUBUQUE, IOWA WAS ENTERED OF RECORD IN THE
OFFICE OF THE CITY ASSESSOR OF THE CITY OF DUBUQUE, IOWA, ON THE DATE
FIRST WRITTEN ABOVE.
CITY ASSESSOR OF THE CITY OF DUBUQUE, IOWA
DUBUQUE, IOWA
CITY OF DUBUQUE. IOWA
2024
THE UNDERSIGNED, BRAD M. CAVANAGH IS THE MAYOR AND ADRIENNE N.
BREITFELDER IS THE CLERK OF THE CITY OF DUBUQUE, IOWA, DO HEREBY
CERTIFY THAT THE FOREGOING PLAT OF SURVEY (VACATION) OF: LOT 186A
FINLEY'S ADDITION, IN THE CITY OF DUBUQUE, IOWA ON
AS RESOLUTION
__________________ AND THAT THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA APPROVES SAID PLAT.
--------------------------
MAYOR OF THE CITY OF DUBUQUE, IA
--------------------------
CLERK OF THE CITY OF DUBUQUE, IA
DUBUQUE, IOWA
COUNTY AUDITOR'S CERTIFICATE
2024
THE FOREGOING PLAT OF SURVEY (VACATION) OF: LOT 186A FINLEY'S
ADDITION, IN THE CITY OF DUBUQUE, IOWA WAS ENTERED OF RECORD IN THE
OFFICE OF THE DUBUQUE COUNTY AUDITOR THIS ------ DAY OF
2024.
WE APPROVE OF THE SUBDIVISION NAME OR TITLE TO BE RECORDED.
--------------------------------
COUNTY AUDITOR OF DUBUQUE, IOWA
DUBUQUE, IOWA
RECORDER'S CERTIFICATE
2024
THE FOREGOING PLAT OF SURVEY (VACATION) OF: LOT 186A FINLEY'S
ADDITION, IN THE CITY OF DUBUQUE, IOWA HAS BEEN REVIEWED BY THE
DUBUQUE COUNTY RECORDER.
DUBUQUE COUNTY RECORDER
DR: STP
CAD FILE: 22002524PS-02 ALLEY.DWG
SHEET 4 OF 4
PROJECT NO.: PROJECT NO.:22002524
DATE: DATE: APRIL 2, 2024
Page 406 of 1713
AGREEMENT
BY AND BETWEEN
INTERSTATE POWER AND LIGHT COMPANY
AND
THE CITY OF DUBUQUE, IOWA
This Agreement, dated for reference purposes the day of
, 2024, is made and executed between the City of Dubuque, Iowa,
(City), a municipal corporation, and Interstate Power and Light Company (IPL).
WHEREAS, IPL is requesting the vacation and sale of the entire 5,097 square feet
alley right of way in the block bounded by Finley Street, Green Street, and Bunker Hill
Road in Finley's Addition in the City of Dubuque, Iowa, and adjacent to its existing
property, as shown on attached Exhibit A, in order to accommodate the construction of
the new Bunker Hill Substation; and
WHEREAS, IPL and City desire to enter into an agreement with respect to the
proposed alley right of way vacation as set forth herein.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1. CITY RESPONSIBILITIES. City agrees as follows:
1.1 To vacate and sell approximately 5,097 square feet of alley right of way in the block
bounded by Finley Street, Green Street, and Bunker Hill Road in Finley's Addition in the
City of Dubuque, Iowa, shown on Exhibit A, to IPL for Forty -One Thousand Three
Hundred Ninety -Two Dollars and 95/100 ($41,392.95), to accommodate the construction
of the new Bunker Hill Substation.
1.2 Upon receipt of the Plat of Survey for the area proposed to be vacated and
purchased, submitting the required documents to the City Council to be set for a public
hearing and formal approval.
1.3 Subject to City Council approval and reimbursement to City for publication and
filing fees, City will execute and deliver a Quit Claim Deed to IPL for the vacated property.
SECTION 2. IPL RESPONSIBILITIES. IPL agrees as follows:
2.1 To submit a request to City to vacate and a sketch or plat of the area to be vacated.
2.2 To pay Forty -One Thousand Three Hundred Ninety -Two Dollars and 95/100
($41,392.95) to City for the purchase of the vacated right of way at the closing. The closing
on the property shall be no later than September 1, 2024.
06042024 bal
Page 407 of 1713
2.3 To reimburse City for the cost of all surveying, publication, and filing fees of Two
Hundred Dollars ($200.00) associated with the vacating and sale process promptly upon
receipt of a statement from City.
2.4 To prepare a Plat of Survey at IPL's expense by a Licensed Land Surveyor for the
alley right of way which will show the boundaries of the area and assign a legal description
to the property.
2.5 Within thirty (30) days of closing, at IPL's expense to consolidate the vacated alley
property with another adjacent property owned by IPL to create one lot or parcel that
conforms to the City of Dubuque Planning and Zoning Bulk Standards for the combined
lots.
SECTION 3. NOTICES.
All notices and correspondence related to this Agreement must be sent to the following:
If to Developer: Manager of Real Estate and Right of Way
Alliant Energy
P.O. Box 351
1800 Randall Pla
Dubuque, IA 52003
If to City: City of Dubuque, Iowa
Attention: Gus Psihoyos, City Engineer
50 West 13t" Street
Dubuque, Iowa 52001
SECTION 4. DEFAULT. In the event of default by IPL, 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.
2
Page 408 of 1713
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.
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen
City Manager
INTERSTATE POWER AND LIGHT
COMPANY
By:
Heather Dee, Manager of Real Estate
and Right of Way, Joint Facilities, and
Permitting
9
Page 409 of 1713
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Page 411 of 1713
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 4t" day of November 2024 at 6:30 p.m. in the Historic Federal
Building, 350 W. 6t" Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council
proposes to vacate and convey the alley right of way in the block bounded by Finley
Street, Green Street, and Bunker Hill Road in Finley's Addition in the City of Dubuque,
Iowa to Interstate Power Company, said real property is more particularly described as
follows:
Alley Between the West Line of Finley Street and the East Line of Bunker Hill Road,
in Finley's Addition to the City of Dubuque, in the City of Dubuque, Iowa, to be
known as Lot 186A Finley's Addition 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. 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 Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 21st day of October 2024.
Adrienne N. Breitfelder, CIVIC City Clerk
Page 412 of 1713
AGREEMENT
BY AND BETWEEN
INTERSTATE POWER AND LIGHT COMPANY
AND
THE CITY OF DUBUQUE, IOWA
This Agreement, dated for reference purposes the 10th day of
October , 2024, is made and executed between the City of Dubuque, Iowa,
(City), a municipal corporation, and Interstate Power and Light Company (IPL).
WHEREAS, IPL is requesting the vacation and sale of the entire 5,097 square feet
alley right of way in the block bounded by Finley Street, Green Street, and Bunker Hill
Road in Finley's Addition in the City of Dubuque, Iowa, and adjacent to its existing
property, as shown on attached Exhibit A, in order to accommodate the construction of
the new Bunker Hill Substation; and
WHEREAS, IPL and City desire to enter into an agreement with respect to the
proposed alley right of way vacation as set forth herein.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1. CITY RESPONSIBILITIES. City agrees as follows:
1.1 To vacate and sell approximately 5,097 square feet of alley right of way in the block
bounded by Finley Street, Green Street, and Bunker Hill Road in Finley's Addition in the
City of Dubuque, Iowa, shown on Exhibit A, to IPL for Forty -One Thousand Three
Hundred Ninety -Two Dollars and 95/100 ($41,392.95), to accommodate the construction
of the new Bunker Hill Substation.
1.2 Upon receipt of the Plat of Survey for the area proposed to be vacated and
purchased, submitting the required documents to the City Council to be set for a public
hearing and formal approval.
1.3 Subject to City Council approval and reimbursement to City for publication and
filing fees, City will execute and deliver a Quit Claim Deed to IPL for the vacated property.
SECTION 2. IPL RESPONSIBILITIES. IPL agrees as follows:
2.1 To submit a request to City to vacate and a sketch or plat of the area to be vacated.
2.2 To pay Forty -One Thousand Three Hundred Ninety -Two Dollars and 95/100
($41,392.95) to City for the purchase of the vacated right of way at the closing. The closing
on the property shall be no later than September 1, 2024.
06042024 bal
Page 413 of 1713
2.3 To reimburse City for the cost of all surveying, publication, and filing fees of Two
Hundred Dollars ($200.00) associated with the vacating and sale process promptly upon
receipt of a statement from City.
2.4 To prepare a Plat of Survey at IPL's expense by a Licensed Land Surveyor for the
alley right of way which will show the boundaries of the area and assign a legal description
to the property.
2.5 Within thirty (30) days of closing, at IPL's expense to consolidate the vacated alley
property with another adjacent property owned by IPL to create one lot or parcel that
conforms to the City of Dubuque Planning and Zoning Bulk Standards for the combined
lots.
SECTION 3. NOTICES.
All notices and correspondence related to this Agreement must be sent to the following:
If to Developer: Manager of Real Estate and Right of Way
Alliant Energy
P.O. Box 351
1800 Randall Pla
Dubuque, IA 52003
If to City: City of Dubuque, Iowa
Attention: Gus Psihoyos, City Engineer
50 West 13t" Street
Dubuque, Iowa 52001
SECTION 4. DEFAULT. In the event of default by IPL, 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.
2
Page 414 of 1713
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.
CITY OF DUBUQUE, IOWA
1
By:j--,Ajv! —
Michae C. Van Milligen
City Manager
INTERSTATE POWER AND LIGHT
COMPANY
By:
Heather Dee, Manager of Real Estate
and Right of Way, Joint Facilities, and
Permitting
K3
Page 415 of 1713
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Page 417 of 1713