Petition to Vacate the Alley Right of Way in the block bounded by Finley Street, Green Street, and Bunker Hill RoadCity of Dubuque
City Council
all 311[ON:I=F-301►[�'IF:k1A
Copyrighted
November 4, 2024
ITEM TITLE: 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)
SUMMARY: Proof of publication on notice of public hearing to consider
City Council approve the vacating and disposal of the alley
right of way property described as Lot 186A Finley's Addition
in the City of Dubuque, Iowa in response to a request from
adjacent property owner Interstate Power and Light Company
be approved through the adoption of the enclosed
resolutions, and City Manager recommending approval.
RESOLUTION Vacating 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
RESOLUTION Disposing Of City Interest In Lot 186A Finley's
Addition In The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 alliante bunker hill alley vacate memo hold PH
3. 2 alliant bunker hill alley Resolution Vacating
4. 3 alliant bunker hill alley Resolution disposing of City Interest
5. 4 alliant bunker hill alley vacate plat recorded
6. 5 set public hearing resolution alliant bunker hill alley vacate
7. 6 alliant bunker hill alley vacate agreement fully executed
Page 1458 of 2498
THE CITY OF
Dubuque
DUB TEE
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 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
DATE: October 30, 2024
City Engineer Gus Psihoyos is recommending City Council approve the vacating and
disposal of the alley right of way property described as Lot 186A Finley's Addition in the
City of Dubuque, Iowa in response to a request from adjacent property owner Interstate
Power and Light Company be approved through the adoption of the enclosed
resolutions.
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
Page 1459 of 2498
THE CITY OF
Dubuque
DUB E
AII•Americe City
Maste iece on the Mississippi
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: 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 28, 2024
INTRODUCTION
This is 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.
The City Council approved the platting of Lot 186A and the setting of a public hearing to
vacate and dispose of the property at its October 21, 2024 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 city interest in the alley right of way
property described as Lot 186A Finley's Addition in the City of Dubuque, Iowa through
adoption of the enclosed resolution.
Page 1460 of 2498
ACTION TO BE TAKEN
I respectfully request that the vacating and disposal of the alley right of way property
described as Lot 186A Finley's Addition in the City of Dubuque, Iowa be approved
through the adoption of the enclosed resolutions.
Prepared by Nate Kieffer, PE/PLS
I
Page 1461 of 2498
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 1311 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. 354-24
RESOLUTION VACATING 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; 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 25th day of October 2024, the City
Council of the City of Dubuque, Iowa met on the 4th day of November 2024, 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 186A Finley's Addition 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 186A Finley's Addition
in the City of Dubuque, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 4th day of November 2024
Attest:
Adrienne N. Breitfelder, 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. 355-24
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 186A FINLEY'S
ADDITION 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 25th day of October 2024, the City
Council of the City of Dubuque, Iowa met by virtual means on the 4tt' day of
November, 2024, 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 186A Finley's Addition in the City of Dubuque, Iowa
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 186A Finley's Addition in the City of Dubuque, Iowa, to Interstate
Power and Light Company 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 Interstate Power and Light Company.
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 4th day of November 2024
AP
8 1 Pa. �mw/
Attest:
a-z�'tlnc AZ1'h1d14'-t
Adrienne N. Breitfeld r, City Clerk
Doc ID: 011292170005 Type: GEN
Kind: QUIT CLAIM DEED
Recorded: 11/19/2024 at 02:44:38 PM
Fee Amt: $32.00 Page 1 of 5
Revenue Tax: $0.00
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00011110
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: Attn. Tax Dept.
Interstate Power and Light Company a/k/a Alliant Energy
4902 N Biltmore Lane
Madison, WI 53718
QUIT CLAIM DEED
For the consideration of One Dollar and other valuable consideration, the City of
Dubuque, Iowa does hereby Quit Claim to Interstate Power and Light Company, all its
right, title, interest, estate, claim and demand in the following described real estate in
Dubuque County, Iowa:
Lot 186A of Finley's Addition, in the City of Dubuque, Iowa
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: N0VC ('r 6(' 19 , 2024
CITY OF DUBUQUE, IOWA
Brad aydnagh, Mayor
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D�,, ^'n r
Attest:
Adrienne N. Breitfelder, tity Clerk
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this _�q day of N o 4c-rn6c-r , 2024, before me a Notary Public in and for said
County and said State, personally appeared Brad M. Cavanagh and Adrienne N.
Breitfelder, to me personally known, who, being by me duly sworn, did say that they are
the Mayor and City Clerk respectively, of the City of Dubuque, Iowa; that said instrument
was signed on behalf of said City of Dubuque by authority of Resolution No. 355-24 and
that the said Brad M. Cavanagh and Adrienne N. Breitfelder 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.
E
TUSDEE LYNN BCommission Nuteb�r 478%(� Mr Comm. a:p, b9 Notary public
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Retumed to: Adrienne Breiffelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-
4100
RESOLUTION NO. 355-24
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 186A FINLEY'S
ADDITION 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 25th day of October 2024, the City
Council of the City of Dubuque, Iowa met by virtual means on the 4th day of
November, 2024, 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 186A Finley's Addition in the City of Dubuque, Iowa
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 186A Finley's Addition in the City of Dubuque, Iowa, to Interstate
Power and Light Company 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 Interstate Power and Light Company.
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 4th day of November 2024
l
Attest:
Adrienne N. Breitfeld r, 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. 355-24 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 19 day of November 2024.
Adrienne N. Breitfelder, tity Clerk
Adrienne Breitfelder
From: Adrienne Breitfelder
Sent: Tuesday, November 19, 2024 3:58 PM
To: Kevin Dragotto; Troy Patzner
Subject: City of Dubuque Resolution Disposing of Lot 186A Finley's Addition
Attachments: Resolution No. 355-24.pdf
Hello Kevin and Troy,
Attached is a certified copy of City of Dubuque Resolution No. 355-24 Disposing of City Interest in Lot
186A Finley's Addition in the City of Dubuque, Iowa.
Thank you,
Adrienne
THE CITY OF
DUB E
Masterpiece on the Mississippi
Adrienne Breitfelder, CIVIC (she/her)
City Clerk I City of Dubuque
City Hall 150 W. 131h Street
Dubuque, Iowa 52001
563-589-4121
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Page 1469 of 2498
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13"1 Street, Dubuque, IA 52001 (563) 589-4270
Retum to: Nate Kieffer, City of Dubuque, 50 W. 131' Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 328-24
RESOLUTION APPROVING PLAT OF 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, TO BE KNOWN AS LOT 186A FINLEY'S ADDITION IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated April 11, 2023 prepared by Atwell Group, 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 Lot 186A Finley's Addition 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 April 11, 2024, prepared by Atwell Group, 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. 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 21 st day of October, 2024.
VAet:
Adrienne N. Breitfelder, City Clerk
�WE .. PEMO s
Page 1470 of 2498
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. 328-24 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 23 day of October 2024.
Adrienne N. Breitfelder, City Clerk
Page 1471 of 2498
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. 13th 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. 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.
Attest:
Passed, approved and adopted this 21 st day of October, 2024.
IS=� M
I§r.•M.-
85 .• •
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Page 1472 of 2498
Jo �C/ Ade,4&
Adrienne N. Breitfelder, City Clerk
Page 1473 of 2498
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
P@ggo1474 of 2498
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 1475 of 2498
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.
K
Page 1476 of 2498
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: jAAzk44 ki�
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 1477 of 2498
EXHIBIT A
PROPOSED VACATED ALLEY RIGHT-OF-WAY
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Page 1478 of 2498
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a.wa. rm i.t.,aa• m.r,. h a ur,x.m:: Stu:, , City of Dubuque
inch = feet Engineering di4ision
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�e .... ,...4 ::r w.�w a .� na e.e �. • 10G 5Q g l OG Feet Phone: (563) 589-4270
Fax: (563)589-42A5
Page 1479 of 2498
� I I L4( aoay
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STATE OF IOWA SS:
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:
10/25/2024
and for which the charge is 83.22
Subscribed to before me, a Notary P b 2c in and for
Dubuque County, Iowa,
this 25th day of October, 2024
Nota P blic in and for Dubuque County, Iowa.
ape+ i JANET K. PAPE
i r Commission Number 199659
My Commission Expires
��w 0. 12/11 /2026i
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 4th
day of November 2024 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
the alley right of way in the block bounded by Finley Street,
Green Street, and Bunker Hill Road in Finleys 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 Finleys Addition to the City of
Dubuque, in the City of Dubuque, Iowa, to be known as Lot 186A
Finleys 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://dubuqueia.portal.civicclerk.com/ 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. 13th 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.
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 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, CMC City Clerk
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 FINLEYS ADDITION TO THE CITY OF DUBUQUE,
IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 186A FINLEYS
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
Finleys 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 Finleys
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 Finleys Addition to the City of Dubuque, -in the City
of Dubuque, Iowa and assigned a lot number thereto, to be
known as Lot 186A Finleys 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 Finleys Addition in the City of Dubuque,
Iowa.
Section 2. That a public hearing on the intent to vacate
and dispose of Lot 186A Finleys 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. 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 21st day of October,
2024.
/s/Brad M. Cavanagh, Mayor
Attest: /&/Adrienne N. Breitfelder, City Clerk
It 10/25