Setting a Public Hearing - Vacating Petition (Agreement with Dubuque Museum of Art)City of Dubuque
City Council
Copyrighted
March 16, 2026
ITEMS SET FOR PUBLIC HEARING # 3.
ITEM TITLE: Setting a Public Hearing - Petition to Vacate and Dispose of
Portions of the West 7th Street and Bluff Street right of way
and of the alley right of way in the block bounded by Locust
Street, West 8th Street, Bluff Street, and West 7th Street in
the City of Dubuque, Iowa For Vacating Petition (Agreement
between City of Dubuque and Dubuque Museum of Art)
SUMMARY: City Manager recommending City Council set a public
hearing for April 20, 2026, for the vacation of and disposal of
city interest in the right of way property described as City Lots
648C, 648D, and Lot 1 B and 2A of Woodward Place, in the
City of Dubuque, Iowa through adoption of the enclosed
resolution, and according to the Development Agreement
with adjacent property owner Dubuque Museum of Art.
RESOLUTION (1) Approving The Minimum Requirements,
Competitive Criteria, And Offering Procedures For The
Development And The Sale Of Certain Real Property And
Improvements In The Greater Downtown Urban Renewal
District; (2) Determining That The Offer To Purchase
Submitted By Dubuque Museum Of Art Satisfies The Offering
Requirements With Respect To The Real Property And
Declaring The Intent Of The City Council To Approve The
Development Agreement And Sale To Dubuque Museum Of
Art In The Event That No Competing Proposals Are
Submitted; (3) Declaring The Intent To Vacate And Dispose
Of Parts Of City Street Right Of Way Being City Lots 623B,
648A, 648B, And Lot 2 Of Woodward Place, In The City Of
Dubuque, Iowa, To Be Known City Lots 648C, 648D, AND
LOT 1 B AND 2A Of Woodward Place, In The City Of
Dubuque, Iowa And (4) Soliciting Competing Proposals
SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: April 20, 2026
/_1ir_T@J:IJi14LlI&I
1. MVM Memo Setting a Public Hearing - Petition to Vacate and Dispose of Portions
of the West 7th Street and Bluff Street right of way DUMA
2. 1 duma row vacate memo set PH 03092026
3. 2 30 day disposition Resolution Setting Public Hearing duma 03112026 ba12
Page 507 of 811
4. 3 duma vacate plat signed
5. 4 DUMA DA fully executed
Page 508 of 811
Dubuque
THE CITY OF
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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 and Dispose of Portions of the
West 7t" Street and Bluff Street right of way and of the alley right of way in
the block bounded by Locust Street, West 8t" Street, Bluff Street, and West
7t" Street in the City of Dubuque, Iowa
For Vacating Petition (Agreement Between City of Dubuque and Dubuque
Museum of Art)
DATE: March 11, 2026
City Engineer Gus Psihoyos is recommending City Council set a public hearing for April
20, 2026, for the vacation of and disposal of city interest in the right of way property
described as City Lots 648C, 648D, and Lot 1 B and 2A of Woodward Place, in the City
of Dubuque, Iowa through adoption of the enclosed resolution, and according to the
Development Agreement with adjacent property owner Dubuque Museum of Art.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Y
Mic ael C. Van Milligen
►VA140►TA EVA
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PE/PLS
Page 509 of 811
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 and Dispose of Portions of
the West 7th Street and Bluff Street right of way and of the alley right of
way in the block bounded by Locust Street, West 8th Street, Bluff Street,
and West 7th Street in the City of Dubuque, Iowa
For Vacating Petition (Agreement Between City of Dubuque and Dubuque
Museum of Art)
DATE: March 10, 2026
INTRODUCTION
This is in response to a request from property owner Dubuque Museum of Art (DUMA)
for the vacating of portions of the West 7th Street and Bluff Street right of way and of the
alley right of way in the block bounded by Locust Street, West 8th Street, Bluff Street,
and West 71h Street, and between City Lots 648 thru 652 and City Lots 623 thru 627 in
the City of Dubuque, Iowa, said right of way areas are legally described as City Lots
623B, 648A,648B, and Lot 2 of Woodward Place, in the City of Dubuque, adjacent to
the DUMA property in the City of Dubuque, Iowa.
BACKGROUND
The City of Dubuque has entered into a tentative agreement (see fully executed
agreement attached) with DUMA for the sale of City owned property in order to
accommodate the construction of the proposed Dubuque Museum of Art building and
campus improvements. As part of that tentative 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
At its March 2, 2026 meeting, the City Council approved the plat and accepted the
dedication of the streets and alley right of ways in and around the DUMA block, from
DUMA and Cottingham and Butler Daycare, and is now fee owner of those right of way
areas. The attached plat shows the portions of those street and alley right of way areas
proposed to be vacated and conveyed back to DUMA. The portions of the street and
alley right of way areas to be vacated are to be known as City Lots 648C, 648D, and Lot
1 B and 2A of Woodward Place, in the City of Dubuque, Iowa. The street and alley right
of way areas to be vacated need to be platted. Buesing and Associates, Inc. has
prepared the attached vacation plat.
Page 510 of 811
The portions of the street and alley right of way areas to be vacated and disposed of are
located in the Greater Downtown Urban Renewal District. Per the adopted Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District,
the disposition of properties for private development purposes in the district requires
special competitive bidding procedures, which would apply to the subject street and
alley right of way areas. The accompanying resolution and notice document has been
prepared to applicable public notice and disposition requirements.
RECOMMENDATION
I am recommending that a public hearing should be held on April 20, 2026, 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 April 20, 2026 for the
vacation of and disposal of city interest in the right of way property described as City
Lots 648C, 648D, and Lot 1 B and 2A of Woodward Place, in the City of Dubuque, Iowa
through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
2
Page 511 of 811
Prepared by: Barry A. Lindahl 300 Main Street Dubuque IA 52001 563 583-4113
OFFICIAL NOTICE
RESOLUTION NO. 88-26
RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE
CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE
SALE OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE GREATER
DOWNTOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE OFFER
TO PURCHASE SUBMITTED BY DUBUQUE MUSEUM OF ART SATISFIES THE
OFFERING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND
DECLARING THE INTENT OF THE CITY COUNCIL TO APPROVE THE
DEVELOPMENT AGREEMENT AND SALE TO DUBUQUE MUSEUM OF ART IN THE
EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; (3) DECLARING
THE INTENT TO VACATE AND DISPOSE OF PARTS OF CITY STREET RIGHT OF
WAY BEING CITY LOTS 623B, 648A, 648B, AND LOT 2 OF WOODWARD PLACE, IN
THE CITY OF DUBUQUE, IOWA, TO BE KNOWN CITY LOTS 648C, 648D, AND LOT
113 AND 2A OF WOODWARD PLACE, IN THE CITY OF DUBUQUE, IOWA AND (4)
SOLICITING COMPETING PROPOSALS;
Whereas, the City Council of Dubuque, Iowa, did on April 21, 2025 adopt an
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District ("the Plan") for the Urban Renewal Area described therein; and
Whereas, the Plan provides, among other things, for the disposition of properties
for private development purposes as a proposed economic development action; and
Whereas, Dubuque Museum of Art ("Developer") has submitted to the City a
proposal in the form of an agreement(the "Development Agreement") for the purchase of
certain City -owned real property hereinafter described ("the Property"), which
Development Agreement proposes the Developer will undertake the redevelopment of
the Dubuque Museum of Art campus at 701 Locust Street as described therein, which
Property is the real estate consisting of approximately 0.200 acres in total of street and
alley right of way as shown on Exhibit A, to be known as City Lots 648C, 648D, and Lot
1 B and 2A of Woodward Place, in the City of Dubuque, Iowa, and which Development
Agreement requests that this Property be made available for sale as rapidly as possible;
and
Whereas, Developer has requested the vacation of portions of City Lots 623B,
648A, 648B, and Lot 2 of Woodward Place, in the City of Dubuque, Iowa, said vacated
portions to be hereafter known as City Lots 648C, 648D, and Lot 1 B and 2A of Woodward
Place, in the City of Dubuque, Iowa, and the conveyance of said Property to Developer
per said Development Agreement; and
Whereas, in order to establish reasonably competitive bidding procedures for the
disposition of the Property in accordance with the statutory requirements of Iowa Code
Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair
opportunity to all developers interested in submitting a proposal, a summary of
submission requirements and minimum requirements and competitive criteria for the
Property offering is included herein; and
Whereas, said Developer has signed a Development Agreement with the City,
currently on file at the Office of the City Clerk; and
Whereas, to recognize both the firm proposal for sale of the Property and
improvements already received by the City in the form of the Development Agreement,
as described above, and to give full and fair opportunity to other developers interested in
submitting a proposal for the sale and development of the Property, this Council should
by this Resolution:
1) Set the fair market value of the Property for uses in accordance with the
Plan;
2) Approve the minimum requirements and competitive criteria included
herein;
3) Approve as to form the Development Agreement;
4) Set a date for receipt of competing proposals and the opening thereof;
5) Declare that the proposal submitted by Developer satisfies the minimum
requirements of the offering, and that in the event no other qualified proposal is
timely submitted, that the City Council intends to accept such proposal and
authorize the City Manager to sign the Development Agreement;
6) Approve and direct publication of a notice to advise any other person of the
opportunity to compete for sale of the Property on the terms and conditions set
forth herein; and
7) Declare that in the event another qualified proposal is timely submitted and
accepted, another and future notice will be published on the intent of the City to
enter into the resulting contract, as required by law;
2
and
Whereas, the City Council believes it is in the best interest of the City and the Plan
to act as expeditiously as possible to sell the Property as set forth herein; and
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated February 18, 2026 prepared by Buesing and Associates, Inc., showing
the proposed vacated portions of City Lots 623B, 648A, 648B, and Lot 2 of Woodward
Place, in the City of Dubuque, Iowa, said vacated portions to be hereafter known as City
Lots 648C, 648D, and Lot 1 B and 2A of Woodward Place, in the City of Dubuque, Iowa ;
and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That upon approval of vacation, the Property shown on Exhibit A
attached hereto, shall be offered for sale in accordance with the terms and conditions
contained in this Resolution.
Section 2. That it is hereby determined that in order to qualify for consideration
for selection, any person must submit a proposal which meets these minimum
requirements:
1) Contains an agreement to purchase the Property, shown on Exhibit A, to be
known as City Lots 648C, 648D, and Lot 1 B and 2A of Woodward Place, in the
City of Dubuque, Iowa, at not less than good and valuable consideration;
2) States the redeveloped property will be used as community health and
related office facilities;
3) Sets out or provides to the satisfaction of the City Council the experience of
the principals and key staff who are directly engaged in the performance of contract
obligations in carrying out projects of similar scale and character; and
4) Meets, at a minimum, the terms and conditions of the Development
Agreement submitted by the Developer.
Section 3. That the Development Agreement by and between the City and the
Developer was tentatively approved via City Council resolution No. 58-26 for the purposes
hereinafter stated.
Section 4. That for the purpose of defining the offering of the Property for sale,
said Development Agreement shall be deemed to be illustrative of the terms acceptable
to the City with respect to:
1) Developer and City obligations; and
2) General terms and conditions.
Section 5. That the Development Agreement submitted by the Developer
satisfies the requirements of this offering and, in the event that no other qualified
proposals are timely submitted, that the City Council intends to accept and approve the
Development Agreement.
Section 6. That it is hereby determined that the Developer possesses the
qualifications, financial resources and legal ability necessary to purchase the Property
shown on Exhibit A and to construct, manage and operate the site in the manner proposed
by this offering in accordance with the Plan.
Section 7. That the City Clerk shall receive and retain for public examination the
attached Development Agreement submitted by the Developer and, in the event no other
qualified proposals are timely submitted, shall resubmit the Development Agreement to
the City Council for final approval and execution upon expiration of the notice hereinafter
prescribed.
Section 8. That the action of the City Council be considered to be and does
hereby constitute notice to all concerned of the intention of this Council, in the event that
no other qualified proposals are timely submitted, to accept the proposal of the Developer
to purchase the Property shown on Exhibit A and to approve the Development Agreement
by and between City and Developer.
Section 9. That the official notice of this offering and of the intent of the City, in
the event no other qualified proposals are timely submitted, to approve the Development
Agreement, shall be a true copy of this Resolution, but without the attachments referred
to herein.
Section 10. That the City Clerk is authorized and directed to secure immediate
publication of said official notice in the Telegraph Herald, a newspaper having a general
circulation in the community, by publication of the text of this Resolution on or before the
20th day of March, 2026.
Section 11. That written proposals for the sale of the Property shown on Exhibit
A, to be known as City Lots 648C, 648D, and Lot 1 B and 2A of Woodward Place, in the
City of Dubuque, Iowa, will be received by the City Clerk at or before 10:00 a.m., April 20,
2026, in the Office of the City Clerk, located on the first floor at City Hall, 50 West 13tn
Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m, in
City Hall, Dubuque, Iowa on April 20, 2026. Said proposals will then be presented to the
City Council at 6:30 p.m., (same date as opening), 2026, at a meeting to be held in the
City Council Chambers, Historic Federal Building at 350 West 6th Street, Dubuque, Iowa.
2
Section 12. That the method of offering the Property for sale as set forth herein
is in substantial conformance with the provisions of Iowa Code Section 403.8, requiring
reasonable competitive bidding procedures as are hereby prescribed and "fair value."
Section 13. That the required documents for the submission of a proposal shall
be in substantial conformity with the provisions of this Resolution.
Section 14. That the City Clerk is hereby nominated and appointed as the agent
of the City of Dubuque, Iowa to receive proposals for the sale of the Property on that date
and according to the procedure hereinabove specified for receipt of such proposals and
to proceed at such time to formally acknowledge receipt of each of such proposal by
noting the receipt of same in the Minutes of the Council; that the City Manager is hereby
authorized and directed to make preliminary analysis of each such proposal for
compliance with the minimum requirements established by this Council hereinabove. For
each proposal that satisfies these requirements, the City Council shall judge the strength
of the proposal by the competitive criteria established hereinabove. The City Council
shall then make the final evaluation and selection of the proposals.
Section 15. If, and only if, competing proposals are received and determined by
the Council to meet the minimum requirements described herein, the Developer shall be
allowed to amend its proposal in response thereto and to deliver same to the City
Manager, by no later than a date determined by the City Council. In such event, the
Council shall schedule a subsequent meeting to be held by the City Manager at which
there shall be a bid -off conducted by the City Manager. During such bid -off, each
competing bidder shall bid against the other, starting with the second proposal received
and continuing until such time as each bidder shall decline to improve its proposal to
acquire and redevelop the Property shown on Exhibit A in response to the last bid of the
other bidder or bidders. The period of time to be allowed for such bid -off shall be
determined by the City Manager. The rules of such bid -off shall be as determined by the
City Manager at or before such bid -off period and shall be absolute.
Section 16. That in the event another qualified proposal is timely submitted and
accepted by the City, another and further notice shall be published of the intent of the
City of Dubuque, Iowa, to enter into the resulting agreement, as required by law.
Section 17. That the City of Dubuque intends to vacate City Lots 648C, 648D,
and Lot 1 B and 2A of Woodward Place, in the City of Dubuque, Iowa.
Section 18. That a public hearing, and/or by virtual means, on the intent to
vacate City Lots 648C, 648D, and Lot 1 B and 2A of Woodward Place, in the City of
Dubuque, Iowa, is hereby set for the 20th day of April, 2026 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 16th day of March, 2026.
E
, c !�, , I J�t
David T. Resnick, Mayor Pro Tern
Attest:
Adrienne N. Breitfelder, ity Clerk
THE PROPERTY
Page 518 of 811
Plat of Survey (Vacation) of:
CITY LOTS 648C, 648D, AND LOT 1 B &
2A OF WOODWARD PLACE
in the City of Dubuque, Iowa
INDEX LEGEND
Location: City Lots 648C, 648D, and Lot 1 B & 2A of Woodward Place, in the City of Dubuque, Iowa
NEt/4 of Section 2S, T89N, R2E of the 5th P.M., Dubuque Couriy, Iowa
Request_ Nate Kieffer - City of Dubuque -
Proprietors of City Lot 623131 648A, 04813, & Lot 2 of Woodward Me—
C;k of Dubuque 50 W 13th St. Dubuque, IA 52001
Surveyor: Terry L. Koeker- tlkoelker&bLlFsirg.com
Company: Bussing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001 (563) 558.4389 PREPARED HY: TERRY L KOEU(FR, BUF9NG h ASSOL,Al6
Retum To. Burning and Associates, 1212 Locust St. DUbUJgUe, A 52001 awsT STREET OUBU WE IOWA
THIS SURVEY IS COMPRISED OF:
CITY LOTS 6238. WA' 64RB & TAT 2 DF WOODWARO PLACE,
IN THE CITY OF oUMOUE,
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SCALE: 1' - 50'
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LEGEND
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FOUND 5/e' R.
(urges DTNE". NOTED)
FIND 5/8' ROD W/CRANCE CAP III —
FOUND CUT V
B
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Q
FOUND NAG NAIL
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PLACED NAG NAIL
o
PLACED SUT IRON REROp W/IXRANCE
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TOP OF CURB
NOTES
— MEASUREMENIS APe IN FEET AND DECIMALS THEREOF.
L`rD h AREA OF PEPoMETER SIRVEVEG IS 0.200 ACRES (%695 SQUARE FEET)L
1 THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF REWRD.
A BEAIDNG IS BASED I— NAD63, ZONE 1401, IDMA NORTH COOF01— SYSTEM.
ABED AND II L RELATED SURVEY INDRK
WAS PERFORMED BY ME
SONAL SIPFRNSDN
AND 1HATU AM A WL
D
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U ER TXE LAWS OF STp,A�S5LE
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LICENSE RENEWAL DATE IS nECEMBER 31,
ETS COVERED BY THUS SEAL
—11
SHEET 1 OF 5
Page 519 of 811
Plat of Survey (Vacation) of:
CITY LOTS 648C, 648D, AND LOT 1 B &
2A OF WOODWARD PLACE
in the City of Dubuque, Iowa
INDEX LEGEND
Location: City Lots 648C, 648D, and Lot 113 & 2A of Woodward Place, in the City of Dubuque, Iowa
NE1/4 of Section 25, T89N, R2E of the 5th P.M., Dubuque County, Iowa
Requestor: Nate Kieffer - City of Dubuque
Proprietors of City Lot 6236, 648A, 6486, & Lot 2 of Woodward Place:
City of Dubuque 50 W 13th St. Dubuque, IA 52001
Surveyor: Terry L. Koelker - tlkoelker@buesing.com
Company: Buesing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001 (563) 556-4389 PREPARED
Return To: Buesing and Associates, 1212 Locust St. Dubuque, IA 52001
CITY LOT 648C
0.004 ACRES
169 SF
NOTE
THIS SURVEY IS COMPRISED OF:
CITY LOTS 623B, 648A, 6488 & LOT 2 OF WOODWARD PLACE,
IN THE CITY OF DUBUQUE, IOWA \ /�
NOS et.
IN SW \ �0�
06 h2� Nye o 1, / \ �\ \/ G\�� Vol �A
& ASSOCIATES
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11 2 of PREP \ s \� /
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2 ,k5�
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2 2A ✓ \ N��WOODWARD PLACE 10.TO THE HOC
%P No ` \NW\CO PEREDICATED DOCUMENT # 6556IT01) �20• pN 2Ay45
• w /\ \
\AiSs WOODWARD PLACE 5l p166$Q�NI./'
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\ IN SW /
6�ao /
LOSPrbo / /
LEGEND
FOUND 58- ROD
OE,!�\SO/ ` / ' / ' 0 9/ / (UNLESS OTHERWISE NOTED)
NO / • / ■ FOUND 5/8" ROD W/ORANGE CAP #15487
/ _7 FOUND CUT V
NO PINS PLACED ® FOUND CUT X
/ \ Q FOUND MAG NAIL
Qo PLACED MAG NAIL
\ \ O?3 ® PLACED CUT X
` PLACED 5/8"IRON REROD W/ORANGE
\ O PLASTIC CAP MARKED "KOELKER 15487"
> SURVEYED BOUNDARY LINE
1 •O� \ PROPERTY LINE = ROW = RIGHT OF WAY (ROW) LINE
EASEMENT LINE
> - - - - - CENTERLINE
A - ( ) RECORD DIMENSION
O s SF SQUARE FEET
PCL PART OF CITY LOT
SW SIDEWALK
TOC TOP OF CURB
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2.TOTAL AREA OF PERIMETER SURVEYED IS 0.200 ACRES (8,695 SQUARE FEET).
0' 25' SO' 100' DETAIL-3.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
NOT TO SCALE 4.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM.
SCALE: 1" = 50' 1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS jB U ES 1 N G
�CAND��ii PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME
�� p� ASSOCIATES INC.
\J�t�O,°°°°°O°,SG�G� OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY ENGTNE6RS AND SURVEYORS
._, °° G DCENSED LAND SU '1 Y U ER THE LAWS OF TH STATE F IOWA. iply LOCUST ST, DUBUQUE, IA
° TERRY L. o
Je KOELKER a - (563) 556-4389
4a DRAWN BY: JCH & JJL CHECKED BY: TLK
15487 0 _ TERRY L. K� L (DATE) SURVEY DATE: 3/02/2023 PLOT DATE 02/10/2021
LICENSE MIMBER 15487
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2026 DWG. NO. 25197-01 VAC SCALE: 1" = 50'
O
SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 SHEET 1 OF 5
Sheet 2 of 5
Surveyor's Certificate
Dubuque, Iowa
I, Terry L. Koelker, 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:
City Lots 623B, 648A, 648B, & Lot 2 of Woodward Place, 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 CITY LOTS 648C, 648D, AND LOT 1 B & 2A OF WOODWARD PLACE in the City of Dubuque, Iowa.
Total area of CITY LOTS 648C, 648D, AND LOT I & 2A OF WOODWARD PLACE is 0.200 acres (8,695
square feet). Total area of CITY LOTS 648C is 0.004 acres (169 square feet). Total area of CITY LOT 648D is
0.075 acres (3,292 square feet). Total area of LOT 1 B OF WOODWARD PLACE is 0.118 acres (5,122 square
feet). Total area of LOT 2A OF WOODWARD PLACE is 0.003 acres (112 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.
BY�v, �e -
Terry L. o Iker
Licensed Land Surveyor
License No. 15487
Date
License Renewal Date: 12/31 /26
_A
Page 521 of 811
Sheet 3 of 5
Owner's Consent
Dubuque, Iowa
12026
The foregoing Plat of Survey (Vacation) of: CITY LOTS 648C, 648D, AND LOT 1 B & 2A OF WOODWARD
PLACE, in the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the
undersigned owners and proprietors of said real estate. CITY LOTS 648C, 648D, AND LOT 1 B & 2A OF
WOODWARD PLACE, in the City of Dubuque, Iowa to be vacated.
Mayor of the City of Dubuque, IA
Acting Clerk of the City of Dubuque, IA
State of Iowa )
County of Dubuque ) ss:
On this day of , A.D. 2026, before me, the undersigned, a Notary Public in and for the ?
State of Iowa, personally appeared Brad Cavanagh is the Mayor and Adrienne N. Breitfelder is the Acting Clerk
for the City of Dubuque, Iowa me personally known, who being by me duly sworn did say that said Brad
Cavanagh and Adrienne N. Breitfelder that the above instrument was signed on behalf of said Corporation by
authority of its Board of Directors, and that said Brad Cavanagh is the Mayor and Adrienne N. Breitfelder is the
Acting Clerk for the City of Dubuque, Iowa acknowledged the execution of said instrument to be the voluntary
act and deed of said Corporation by it voluntarily executed.
Witness my hand and Notarial Seal on the date above written.
Notary Public in and for the State of Iowa
Page 522 of 811
City of Dubuque Planning Services
Dubuque, Iowa
Sheet 4 of 5
, 2026
The foregoing Plat of Survey (Vacation) of: CITY LOTS 648C, 648D, AND LOT 1 B & 2A OF WOODWARD
PLACE, in the City of Dubuque, Iowa, is hereby approved by City Planner of the City of Dubuque, Iowa, and
approval of said plat by the City Council of the City of Dubuque is hereby recommended.
Planning Services Department
City Planner of the City of Dubuque, IA
City of Dubuque, Iowa
Dubuque, Iowa 2026
The undersigned, Brad 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: CITY LOTS 648C, 648D,
AND LOT 113 & 2A OF WOODWARD PLACE, 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
City Assessor's Certificate
Dubuque, Iowa
, 2026
The foregoing Plat of Survey (Vacation) of: CITY LOTS 648C, 648D, AND LOT 1 B & 2A OF WOODWARD
PLACE, in the City of Dubuque, Iowa was entered of record in the Office of the City Assessor of the County of
Dubuque, Iowa, on the date first written above.
City Assessor of Dubuque County
Page 523 of 811
Sheet 5 of 5
County Auditor's Certificate
Dubuque, Iowa
2026
The foregoing Plat of Survey (Vacation) of: CITY LOTS 648C, 648D, AND LOT 1 B & 2A OF WOODWARD
PLACE, in the City of Dubuque, Iowa was entered of record in the Office of the Dubuque County Auditor this
day of , 2026.
We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque, Iowa
Recorder's Certificate
Dubuque, Iowa
, 2026
The foregoing Plat of Survey (Vacation) of: CITY LOTS 648C, 648D, AND LOT 1 B & 2A OF WOODWARD
PLACE, in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder.
Dubuque County Recorder
Page 524 of 811
City of Dubuque
City Council
CONSENT ITEMS # 9.
Copyrighted
March 2, 2026
ITEM TITLE: Agreements with Dubuque Museum of Art and Cottingham &
Butler Day Care for the Redevelopment of the City Block
bounded by Locust Street, West 8th Street, Bluff Street, and
West 7th Street
SUMMARY: City Manager recommending City Council approval of
agreements with Dubuque Museum of Art (DUMA) and
Cottingham and Butler Day Care (CBDC) for the
redevelopment of the entire city block bounded by Locust
Street, West 8th Street, Bluff Street, and West 7th Street.
RESOLUTION Approving Agreements Between The City Of
Dubuque, Iowa And Dubuque Museum Of Art And The City
Of Dubuque, Iowa And CBDC, LLC For Construction Of
Certain Off -Site Public Improvements And Vacation And Sale
Of Portions The West 7th Street And Bluff Street Right Of
Way And A Portion Of The Alley Right Of Way In The Block
Bounded By Locust Street, West 8th Street, Bluff Street, And
West 7th Street, And Between City Lots 648 Thru 652 And
City Lots 623 Thru 627, In The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
MVM Memo Agreements Redevelopment of the City Block bounded by Locust
Street, West 8th St
2. 1 memo approving duma c&b da agreements 02192026
3. 2 Resolution approving duma c&b da agreements 02192026
4. 3 DUMA DA signed by DUMA 02202026 binder
5. 4 CBDC City Alley Vacate Agreement CB executed 02202026
Page 182 of 839
Dubuque
THE CITY OF
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Zozoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreements with Dubuque Museum of Art and Cottingham and Butler Day
Care for the Redevelopment of the City Block bounded by Locust Street,
West 8th Street, Bluff Street, and West 7th Street
DATE: February 23, 2026
City Engineer Gus Psihoyos is recommending City Council approval of agreements with
Dubuque Museum of Art (DUMA) and Cottingham and Butler Day Care (CBDC) for the
redevelopment of the entire city block bounded by Locust Street, West 8t" Street, Bluff
Street, and West 7t" Street.
DUMA and CBDC have coordinated the redevelopment of said city block property. The
improvements include the recently constructed Cottingham and Butler day care facility
located in the northeast quadrant of the block and the proposed Dubuque Museum of
Art building and campus improvements in the remainder of the block area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen10
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, CE III, PE/PLS
Page 188 of 839
THE CITY F
DU�BQTE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
All -America City
2007-2012-2013
2017*2019
SUBJECT: Agreements with Dubuque Museum of Art and Cottingham and Butler Day
Care for the Redevelopment of the City Block bounded by Locust Street,
West 8th Street, Bluff Street, and West 7th Street
DATE: February 19, 2026
INTRODUCTION
The purpose of this memorandum is to request City Council approval of agreements
with Dubuque Museum of Art (DUMA) and Cottingham and Butler Day Care (CBDC) for
the redevelopment of the entire city block bounded by Locust Street, West 81h Street,
Bluff Street, and West 7th Street.
BACKGROUND
DUMA and CBDC have coordinated the redevelopment of said city block property. The
improvements include the recently constructed Cottingham and Butler day care facility
located in the northeast quadrant of the block and the proposed Dubuque Museum of
Art building and campus improvements in the remainder of the block area.
DISCUSSION
The City of Dubuque Development Review Team has finished it review of the
construction plans and will issue an approval letter after the agreements are fully
executed. The DUMA campus plan includes a new museum building (programs
pavilion, gallery pavilion, and collection pavilion area) and campus improvements such
as landscaped areas (courtyards, gardens, and a memorial grove), as well as an
elevated cafe patio area. The patio improvements and programs pavilion roof on the
south side encroach into the existing Seventh Street right of way and the landscaping
improvements on the west side encroach on the existing Bluff Street right of way. Both
the DUMA and CBDC site plans include utilization of the existing City alley right of way
area running north -south through the middle of the block to accommodate the museum
building and a shared use refuse and transformer enclosure area.
The agreements include the dedication of fee title to the adjoining street and alley rights
of way, from DUMA and CBDC to the City, followed by the subsequent vacation and
disposal of portions of those rights of way from the City to DUMA and CBDC to
accommodate the proposed development plans. Existing public and private utilities in
the right of way areas to be vacated have already either been abandoned or relocated
by DUMA and CBDC. The abandonment and/or relocation of these utilities has been
Page 189 of 839
coordinated with the utility owners. The vacation and disposal of the portions of 7th
Street and Bluff Street are minimal and allow for City standard street widths once
reconstruction is complete. After reconstruction, traffic on Bluff Street will remain two
lanes southbound only, while traffic on 7th Street will remain two ways east - west with
no changes in parking restrictions. After reconstruction, parking on Bluff will remain the
same with limited metered parking on the east side. Parking on 7th will remain the same
with no parking on the south side of the street and two ADA parking stalls and drop/off
pick-up areas on the north side.
The DUMA plans require reconstruction of much of the north side 7th Street and east
side Bluff Street curb and gutter and sidewalk areas. DUMA plans to construct or
reconstruct certain public improvements in these public right of way, including storm
sewer utilities, storm sewer inlets, street lighting, pavements, and parking meters, which
said improvements DUMA plans to dedicate to the City of Dubuque for ownership and
maintenance. As such, the agreements included requirements for insurance, securities,
and inspection fees covering the proposed public improvements construction.
A copy of the agreements executed by DUMA and CBDC are attached.
RECOMMENDATION
I recommend that the City approve the agreements with DUMA and CBDC for the
redevelopment of the city block bounded by Locust Street, West 81h Street, Bluff Street,
and West 7th Street, per the terms of the attached agreements.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolutions approving said agreements
and authorizing the City Manager to execute said agreements.
Attach.
Prepared by: Nate Kieffer, CE III, PE/PLS
Page 188 of 839
Prepared bv: Nate Kieffer City of Dubuque 50 W. 13th Street Dubuque IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 58-26
APPROVING AGREEMENTS BETWEEN THE CITY OF DUBUQUE, IOWA AND
DUBUQUE MUSEUM OF ART AND THE CITY OF DUBUQUE, IOWA AND CBDC, LLC
FOR CONSTRUCTION OF CERTAIN OFF -SITE PUBLIC IMPROVEMENTS AND
VACATION AND SALE OF PORTIONS THE WEST 7T" STREET AND BLUFF STREET
RIGHT OF WAY AND A PORTION OF THE ALLEY RIGHT OF WAY IN THE BLOCK
BOUNDED BY LOCUST STREET, WEST 8T" STREET, BLUFF STREET, AND WEST 7T"
STREET, AND BETWEEN CITY LOTS 648 THRU 652 AND CITY LOTS 623 THRU 627,
IN THE CITY OF DUBUQUE, IOWA
WHEREAS, Dubuque Museum of Art, an Iowa nonprofit corporation, (DUMA) is
requesting the vacation and sale of portions the West 7th Street and Bluff Street right of way
and a portion of the alley right of way in the block bounded by Locust Street, West 8th Street,
Bluff Street, and West 7th Street, and between City Lots 648 thru 652 and City Lots 623 thru
627 in the City of Dubuque, Iowa, and adjacent to its existing property in order to
accommodate the construction of the proposed DUMA museum campus improvements;
and
WHEREAS, CBDC, LLC, an Iowa limited liability company (CBDC) is requesting the
vacation and sale of a portion of the alley right of way in the block bounded by Locust Street,
West 811 Street, Bluff Street, and West 7th Street, and between City Lots 648 thru 652 and
City Lots 623 thru 627 in the City of Dubuque, Iowa, and adjacent to its existing property, in
order to accommodate the recently constructed day care center site improvements; and
WHEREAS, DUMA and CBDC are fee title holders to their respective streets and
alleys in the block adjacent to their respective properties (Streets and Alleys); and
WHEREAS, City currently has a right of way easement for street purposes over the
Streets and Alleys; and
WHEREAS, City desires to own the fee title to said Streets and Alleys; and
WHEREAS, DUMA and CBDC are willing to deed their respective rights to said
Streets and Alleys to City for fee title ownership by City; and
WHEREAS, City has agreed to vacate and sell certain street and alley right of way
areas to DUMA who will divide the alley right of way area and deed a portion of the alley
right of way area to CBDC; and
WHEREAS, DUMA and CBDC have agreed to divide the alley right of way areas
between themselves, in a fashion that is mutually agreed upon between DUMA and CBDC,
to accommodate the construction of the DUMA improvements and to accommodate the
CBDC improvements; and
WHEREAS, City, DUMA and CBDC would like to coordinate the deeding of the
Streets and Alleys and the vacation, division and sale of the right of way areas as part of
DUMA'S and CBDC's redevelopment of the block bounded by Locust Street, West 8th Street,
Page 186 of 811
Bluff Street, and West 7th Street to complete the DUMA Improvements and CBDC
Improvements; and
WHEREAS, DUMA, CBDC, and City desire to enter into agreements with respect to
the deeding of the Streets and Alleys and vacation of the ROW Areas as set forth herein;
and
WHEREAS, DUMA's campus improvement plans include the construction or reconstruction
of certain public improvements in the public right of way, including storm sewer utilities,
storm sewer inlets, street lighting, pavements, and parking meters, which said
improvements DUMA plans to dedicate to the City of Dubuque for ownership and
maintenance; and
WHEREAS, the City Council finds that it is in the best interest of the City of Dubuque
to approve the agreements with DUMA and CBDC attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The agreements attached hereto are hereby approved.
Section 2. The City Manager is authorized and directed to execute the agreements
on behalf of the City of Dubuque and to take such action as may be necessary to carry out
the terms of the Agreement.
Passed, approved, and adopted this 2nd day of March, 2026.
P-w,-
.. 1. ,
Attest:
Adrienne N. Breitfelder, City Clerk
Page 187 of 811
AGREEMENT
BY AND BETWEEN
DUBUQUE MUSEUM OF ART
AND
THE CITY OF DUBUQUE, IOWA
This Agreement, dated for reference purposes the 17 day of
2026, is made and executed between the City of Dubuque, Iowa,
(City), a munic' al corporation, and Dubuque Museum of Art, an Iowa nonprofit
corporation (DUMA).
WHEREAS, DUMA is requesting the vacation and sale of portions the West 7th Street
and Bluff Street right of way and a portion of the alley right of way in the block bounded
by Locust Street, West 8th Street, Bluff Street, and West 7th Street, and between City Lots
648 thru 652 and City Lots 623 thru 627 in the City of Dubuque, Iowa, and adjacent to its
existing property, as shown on Page 2 of Exhibit A (the ROW Areas), the entirety of
Exhibit A is attached hereto and hereby incorporated by reference, in order to
accommodate the construction of the DUMA Improvements (defined below); and
WHEREAS, CBDC, LLC, an Iowa limited liability company (CBDC) is requesting the
vacation and sale of a portion of the alley right of way in the block bounded by Locust
Street, West 81h Street, Bluff Street, and West 7th Street, and between City Lots 648 thru
652 and City Lots 623 thru 627 in the City of Dubuque, Iowa, and adjacent to its existing
property, as shown on Page 2 of Exhibit A, in order to accommodate the construction of
its proposed day care center site improvements (the CBDC Improvements); and
WHEREAS, DUMA and CBDC are fee title holders to their respective streets and alleys
in the block adjacent to their respective properties as shown on Page 1 of Exhibit A
(Streets and Alleys); and
WHEREAS, City currently has a right of way easement for street purposes over the
Streets and Alleys; and
WHEREAS, City desires to own the fee title to said Streets and Alleys; and
WHEREAS, DUMA and CBDC are willing to deed their respective rights to said Streets
and Alleys to City for fee title ownership by City, in alignment with the areas outlined on
Page 1 of Exhibit A; and
WHEREAS, City has agreed to vacate and sell the ROW Areas to DUMA, in alignment
with the area outlined on Page 2 of Exhibit A.
WHEREAS, DUMA and CBDC have agreed to divide the ROW Areas between
themselves, in a fashion that is mutually agreed upon between DUMA and CBDC, as
shown on Page 3 of Exhibit A, to accommodate the construction of the DUMA
Improvements and to accommodate the CBDC Improvements; and
02182026 clean
Page 188 of 939
WHEREAS, City, DUMA and CBDC would like to coordinate the deeding of the Streets
and Alleys and the vacation, division and sale of the ROW Areas as part of DUMA's and
CBDC's redevelopment of the block bounded by Locust Street, West 8th Street, Bluff
Street, and West 71h Street to complete the DUMA Improvements and CBDC
Improvements; and
WHEREAS, DUMA and City desire to enter into an agreement with respect to the deeding
of the Streets and Alleys and vacation of the ROW Areas as set forth herein.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1. CITY RESPONSIBILITIES. City agrees as follows:
1 After dedication of the Streets and Alleys by CBDC and DUMA, City shall vacate and sell
the ROW Areas as shown on Page 2 of Exhibit A, to DUMA for ten and 00/100's dollars
($10.00), to accommodate the DUMA Improvements and the CBDC Improvements
located within the block bounded by Locust Street, West 81h Street, Bluff Street, and West
7th Street. DUMA and CBDC have agreed to divide the ROW Areas amongst themselves,
in a fashion that is mutually agreed upon between DUMA and CBDC, as conceptually
shown on Page 3 of Exhibit A.
1.2 Upon receipt of the Plat of Survey for the ROW Areas, required under Section 2.3
of this Agreement, City shall timely submit the required documents to the City Council for
the next available public hearing and formal approval of the vacated ROW Areas.
1.3 Subject to City Council approval and reimbursement to City from DUMA for
publication and filing fees, City will execute and shall, at DUMA's expense, file of record
in the Office of the Dubuque County Recorder a Quit Claim Deed to DUMA for the vacated
ROW Areas.
1.4 City shall pay the survey consultant fee of $800.00 for the platting of the right of
way dedication of the Streets and Alleys, as shown in Page 1 of Exhibit A.
1.5 City shall grant to DUMA certain private sanitary sewer service and private storm
sewer easements over public right ways in the locations as conceptually shown on Exhibit
B, attached hereto and hereby incorporated by reference, and shall register associated
private utilities with the Iowa One Call System.
SECTION 2. DUMA RESPONSIBILITIES. DUMA agrees as follows:
2.1 DUMA will execute and shall, at City's expense, file of record in the Office of the
Dubuque County Recorder, a Quit Claim Deed for the respective Streets and Alleys
owned by DUMA, shown in Page 1 of Exhibit A, to City.
VA
Page 180 of 939
2.2 DUMA shall submit a request to City to vacate and provide a sketch or plat of the
ROW Areas to be vacated, as shown on Page 2 of Exhibit A.
2.3 DUMA shall obtain a Plat of Survey by a licensed land surveyor for the proposed
ROW Areas, as shown in Page 2 of Exhibit A, which will show the boundaries of the area
and assign a legal description to the ROW Areas.
2.4 As a requirement of approval of the vacation of the ROW Areas, DUMA shall submit
to City signed consent to Right of Way vacation forms from all affected utility owners in
the ROW Areas. Consents shall be in a form mutually agreeable to City and DUMA.
2.5 As a requirement of approval of the vacation of the ROW Areas, to enter into an
agreement with CBDC to allow for CBDC to access the trash/electric enclosure that is
proposed to be located on DUMA property. DUMA shall submit to City the signed
easement agreement.
2.6 DUMA shall reimburse City for the cost of all publication, and filing fees of Two
Hundred Dollars ($200.00) associated with the vacating and sale process of the ROW
Areas promptly upon receipt of a statement from City.
2.7 Within sixty (60) days of closing, at DUMA's expense, to consolidate the vacated
ROW Areas owned by DUMA with another adjacent property owned by DUMA to create
one lot or lots that conforms to the City of Dubuque Unified Development Code Bulk
Standards for the combined lots.
2.8 DUMA shall dedicate for street right of way to the City of Dubuque any DUMA
property necessary so that all public sidewalks are located within City right of way areas
and not on private property, as conceptually shown on Page 4 of Exhibit A.
2.9 To provide to City exhibits to accompany the City easement(s) documents described
in Section 1.5 in a form acceptable to City. Exhibits associated with Section 1.5 shall be
prepared by a licensed land surveyor and shall be of survey quality (tied to platted lot
lines and corner monuments).
3.0 Public Improvements
PLANS AND PERMITS.
For the construction of DUMA's proposed art museum campus, DUMA must obtain and
submit to City copies of all applicable permits necessary for the proposed public
improvements shown on the final design plans, including, but not limited to, storm sewer
utilities, storm sewer inlets, street lighting, and parking meters, prior to commencing work
(the DUMA Improvements). All existing streetlights and parking meters shall be salvaged
to City by DUMA.
3
Page 196 of 839
DUMA must obtain all applicable permits and licenses required for working in City right-
of-way, if applicable.
DUMA must submit to City final design plans, that meet current City standards, for the
DUMA Improvements prior to commencing work. City will review and approve such plans
before work on the DUMA Improvements commences. If such plans are not approved,
City will provide feedback regarding the modifications necessary for approval.
BONDS.
DUMA must obtain a construction bond or other suitable security for one hundred ten
percent (110%) of the estimated total construction cost of the DUMA Improvements.
DUMA must obtain a maintenance bond or other acceptable security for twenty-five
percent (25%) of the estimated total construction cost of the DUMA
Improvements. DUMA must maintain this maintenance bond for two (2) years after date
that the City Council accepts the completed DUMA Improvements (Warranty Period).
INSPECTIONS AND ACCEPTANCE.
City will inspect the DUMA Improvements work throughout its implementation and at its
completion to ensure compliance with the approved plans and specifications. DUMA
must pay to City an inspection fee in the amount of three percent (3%) of the estimated
total construction cost for the DUMA Improvements.
City will conduct a final inspection upon the completion of the DUMA Improvements. If
the inspection establishes that the DUMA Improvements have been completed in
accordance with the approved plans and City requirements and specifications, the DUMA
Improvements will be accepted by City Council, starting the two (2) year Warranty Period.
SECTION 3. NOTICES.
All notices and correspondence related to this Agreement must be sent to the following:
If to DUMA: Dubuque Museum of Art
Attention: Gary Stoppeiman
701 Locust Street
Dubuque, IA 52001
If to City: City of Dubuque, Iowa
Attention: Gus Psihoyos, City Engineer
50 West 13t" Street
Dubuque, Iowa 52001
0
Page 196 of 839
SECTION 4. DEFAULT. In the event of default by DUMA, City reserves the right to
seek specific performance in Iowa District Court for Dubuque County. In the event of
default by City, DUMA shall have all rights and remedies available at law or in equity.
SECTION 5. MISCELLANEOUS.
5.1 This Agreement may not be assigned without the prior written consent of 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.
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.
5.8 As a requirement of approval of the vacation of the alley, CBDC and City shall also
execute a similar right of way vacation agreement.
5.9 The closing on the property with DUMA shall be no later than April 1, 2026.
6.0. This Agreement is subject to the approval of the City Council and upon compliance
with the requirements of Iowa Code § 403.8(2)(a) for the disposition of real property in an
urban renewal area. City represents and warrants it has and shall continue to comply with
all necessary requirements required under this Section and Iowa law.
CITY OF DUBUQUE, IOWA DUBUQUE MU$EW OF ART
By: k�4
Michael C. Van Milligen
City Manager
By; `v vv--cam/ r
Robert ethal
Vice President of Board of Trustees of
Dubuque Museum of Art
Page 192 of 811
Plat of Survey of:
CITY LOT 623A AND CITY LOT 627A
in the City of Dubuque, Iowa
FOR THE VACATION OF THE EXISTING ALLEY BETWEEN CITY
LOTS 648 THRU 652 & CITY LOTS 623 THRU 627
INDEX LEGEND
Location: CITY LOT 623A AND CITY LOT 627A
NE114 of Section 25, T89N, R2E of the 5th P.M.,
Dubuque County, Iowa
Requestor: Andrew Bulter c/o Cottingham & Butler
Proprietors of Alley: City of Dubuque 50 W 13th St. Dubuque, IA 52001
Surveyor: Terry L. Koelker
Company: Buesing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001
Return To: tlkoelker@buesing.com (563) 556-4389
PREPARED BY. BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET,
DUBUQUE, IOWA PHONE. (563) 556-4389
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2,835 SF
d)
200 � 9d`25�9
���t0SURVEY DESCRIPTION
_�ro FOR THE VACATION OF THE EXISTING ALLEY BETWEEN CITY LOT 648 THRU CITY
/ LOT 625 & CITY LOT 623 THRU CITY LOT 627 IN THE CITY OF DUBUQUE, IOWA.
/ BEGINNING AT THE NORTHWESTERLY CORNER OF CITY LOT 627 IN THE CITY OF
/ DUBUQUE, DUBUQUE COUNTY, IOWA, ALSO BEING ON THE SOUTHERLY RIGHT OF
WAY OF WEST (ROW) 8TH STREET; THENCE SOUTH 21'31'58" EAST ALONG THE
WESTERLY LINE OF CITY LOTS 627, 626, 625 624, & 623, A DISTANCE OF
R
256.23 FEET TO THE SOUTHEASTERLY CORNER OF CITY LOT 623, ALSO BEING ON
THE NORTHERLY ROW OF WEST 7TH STREET; THENCE SOUTH 66'39'21" WEST
ALONG SAID ROW, A DISTANCE OF 20.00 FEET TO THE SOUTHEASTERLY CORNER
OF LOT 1 OF WOODWARD PLACE; THENCE NORTH 21.31'56" WEST ALONG THE
EAST LINE SAID LOT 1 AND THE EAST LINE OF CITY LOT 649 & CITY LOT 648, A
DISTANCE OF 256.25 FEET TO THE SOUTHERLY ROW OF WEST 7TH STREET;
THENCE NORTH 66'42'37" EAST ALONG SAID ROW, A DISTANCE OF 20.00 FEET
TO THE POINT OF BEGINNING; CONTAINING 5.122 SQUARE FEET.
SURVEYED BOUNDARY LINE ���T��
PROPERTY LINE NOTES
ROW _ RIGHT OF WAY LINE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
IP IRON PIPE 2.TOTAL AREA OF PERIMETER SURVEYED IS 5,122 SF.
SF SQUARE FEET 3.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 0. 25' 50' 100,
( ) RECORD DIMENSION 4.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM_ SCALE. 1• — 550'
���\I\11111111111/p/�7� I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
\\\\\U ES 1 N G
ASS;�����0•. "N•D.,SG �i� CIATES INC.
OREUNDER MY DIRECT PERSONAL SUPERVISION AND THAT PERFORMED AM A DULY EAVIMERSOMID SURVEYORS
_�:• ••:L % LICENSED LAND SUR R UNDER THE LAWS OFOF IOWA.
1212 LOCUST ST, DUBUQUE, U
U TERRY L :�.{ / / 2 _ (563) 556-4389
KOFIKER c `/ DRAWN BY: JJL CHECKED BY, TLK
15487 : T Y L (DATE)
LICENSE NUMBER 15487 SURVEY DATE: 03/02/2023 PLOT DATE: 11/21
�.I.IV,.P`\;\`\\\\\� MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023 DWG. NO. 23020-01POS SCALE 1" - 50'
O
SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 SHEET 1 OF 3
Plat of Survey of:
CITY LOT 623A AND CITY LOT 627A
in the City of Dubuque, Iowa
FOR THE VACATION OF THE EXISTING ALLEY BETWEEN CITY
LOTS 648 THRU 652 & CITY LOTS 623 THRU 627
INDEX LEGEND
Location: CITY LOT 623A AND CITY LOT 627A
NE114 of Section 25, T89N, R2E of the 5th P.M.,
Dubuque County, Iowa
Requestor: Andrew Bulter c/o Cottingham & Butler
Proprietors of Alley: City of Dubuque 50 W 13th St. Dubuque, IA 52001
Surveyor: Terry L. Koelker
Company: Buesing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001
Return To: tlkoelker@buesing.com (563) 556-4389
PREPARED BY. BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET,
DUBUQUE, IOWA PHONE. (563) 556-4389
jC6 0 1239
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1
LEGEND
• FOUND 1" IRON PIPE
(UNLESS OTHERWISE NOTED)
e FOUND CUT X
(UNLESS OTHERWISE NOTED)
PLACED 5/8" IRON REROD W/ORANGE
O PLASTIC CAP MARKED "KOELKER 15487'
0.
f
aM tQ mot bill
tP
6125
N \
CITY LOT 623A
2,835 SF
d)
200 � 9d`25�9
���t0SURVEY DESCRIPTION
_�ro FOR THE VACATION OF THE EXISTING ALLEY BETWEEN CITY LOT 648 THRU CITY
/ LOT 625 & CITY LOT 623 THRU CITY LOT 627 IN THE CITY OF DUBUQUE, IOWA.
/ BEGINNING AT THE NORTHWESTERLY CORNER OF CITY LOT 627 IN THE CITY OF
/ DUBUQUE, DUBUQUE COUNTY, IOWA, ALSO BEING ON THE SOUTHERLY RIGHT OF
WAY OF WEST (ROW) 8TH STREET; THENCE SOUTH 21'31'58" EAST ALONG THE
WESTERLY LINE OF CITY LOTS 627, 626, 625 624, & 623, A DISTANCE OF
R
256.23 FEET TO THE SOUTHEASTERLY CORNER OF CITY LOT 623, ALSO BEING ON
THE NORTHERLY ROW OF WEST 7TH STREET; THENCE SOUTH 66'39'21" WEST
ALONG SAID ROW, A DISTANCE OF 20.00 FEET TO THE SOUTHEASTERLY CORNER
OF LOT 1 OF WOODWARD PLACE; THENCE NORTH 21.31'56" WEST ALONG THE
EAST LINE SAID LOT 1 AND THE EAST LINE OF CITY LOT 649 & CITY LOT 648, A
DISTANCE OF 256.25 FEET TO THE SOUTHERLY ROW OF WEST 7TH STREET;
THENCE NORTH 66'42'37" EAST ALONG SAID ROW, A DISTANCE OF 20.00 FEET
TO THE POINT OF BEGINNING; CONTAINING 5.122 SQUARE FEET.
SURVEYED BOUNDARY LINE ���T��
PROPERTY LINE NOTES
ROW _ RIGHT OF WAY LINE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
IP IRON PIPE 2.TOTAL AREA OF PERIMETER SURVEYED IS 5,122 SF.
SF SQUARE FEET 3.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 0. 25' 50' 100,
( ) RECORD DIMENSION 4.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM_ SCALE. 1• — 550'
���\I\11111111111/p/�7� I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
\\\\\U ES 1 N G
ASS;�����0•. "N•D.,SG �i� CIATES INC.
OREUNDER MY DIRECT PERSONAL SUPERVISION AND THAT PERFORMED AM A DULY EAVIMERSOMID SURVEYORS
_�:• ••:L % LICENSED LAND SUR R UNDER THE LAWS OFOF IOWA.
1212 LOCUST ST, DUBUQUE, U
U TERRY L :�.{ / / 2 _ (563) 556-4389
KOFIKER c `/ DRAWN BY: JJL CHECKED BY, TLK
15487 : T Y L (DATE)
LICENSE NUMBER 15487 SURVEY DATE: 03/02/2023 PLOT DATE: 11/21
�.I.IV,.P`\;\`\\\\\� MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023 DWG. NO. 23020-01POS SCALE 1" - 50'
O
SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 SHEET 1 OF 3
Plat of Survey of:
CITY LOT 623A AND CITY LOT 627A
in the City of Dubuque, Iowa
FOR THE VACATION OF THE EXISTING ALLEY BETWEEN CITY
LOTS 648 THRU 652 & CITY LOTS 623 THRU 627
INDEX LEGEND
Location: CITY LOT 623A AND CITY LOT 627A
NE114 of Section 25, T89N, R2E of the 5th P.M.,
Dubuque County, Iowa
Requestor: Andrew Bulter c/o Cottingham & Butler
Proprietors of Alley: City of Dubuque 50 W 13th St. Dubuque, IA 52001
Surveyor: Terry L. Koelker
Company: Buesing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001
Return To: tlkoelker@buesing.com (563) 556-4389
PREPARED BY. BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET,
DUBUQUE, IOWA PHONE. (563) 556-4389
jC6 0 1239
621 \ `
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\
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rYaO o rn A9T �0 626 G
oo-A -SO
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A
rn
0
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1
LEGEND
• FOUND 1" IRON PIPE
(UNLESS OTHERWISE NOTED)
e FOUND CUT X
(UNLESS OTHERWISE NOTED)
PLACED 5/8" IRON REROD W/ORANGE
O PLASTIC CAP MARKED "KOELKER 15487'
0.
f
aM tQ mot bill
tP
6125
N \
CITY LOT 623A
2,835 SF
d)
200 � 9d`25�9
���t0SURVEY DESCRIPTION
_�ro FOR THE VACATION OF THE EXISTING ALLEY BETWEEN CITY LOT 648 THRU CITY
/ LOT 625 & CITY LOT 623 THRU CITY LOT 627 IN THE CITY OF DUBUQUE, IOWA.
/ BEGINNING AT THE NORTHWESTERLY CORNER OF CITY LOT 627 IN THE CITY OF
/ DUBUQUE, DUBUQUE COUNTY, IOWA, ALSO BEING ON THE SOUTHERLY RIGHT OF
WAY OF WEST (ROW) 8TH STREET; THENCE SOUTH 21'31'58" EAST ALONG THE
WESTERLY LINE OF CITY LOTS 627, 626, 625 624, & 623, A DISTANCE OF
R
256.23 FEET TO THE SOUTHEASTERLY CORNER OF CITY LOT 623, ALSO BEING ON
THE NORTHERLY ROW OF WEST 7TH STREET; THENCE SOUTH 66'39'21" WEST
ALONG SAID ROW, A DISTANCE OF 20.00 FEET TO THE SOUTHEASTERLY CORNER
OF LOT 1 OF WOODWARD PLACE; THENCE NORTH 21.31'56" WEST ALONG THE
EAST LINE SAID LOT 1 AND THE EAST LINE OF CITY LOT 649 & CITY LOT 648, A
DISTANCE OF 256.25 FEET TO THE SOUTHERLY ROW OF WEST 7TH STREET;
THENCE NORTH 66'42'37" EAST ALONG SAID ROW, A DISTANCE OF 20.00 FEET
TO THE POINT OF BEGINNING; CONTAINING 5.122 SQUARE FEET.
SURVEYED BOUNDARY LINE ���T��
PROPERTY LINE NOTES
ROW _ RIGHT OF WAY LINE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
IP IRON PIPE 2.TOTAL AREA OF PERIMETER SURVEYED IS 5,122 SF.
SF SQUARE FEET 3.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 0. 25' 50' 100,
( ) RECORD DIMENSION 4.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM_ SCALE. 1• — 550'
���\I\11111111111/p/�7� I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
\\\\\U ES 1 N G
ASS;�����0•. "N•D.,SG �i� CIATES INC.
OREUNDER MY DIRECT PERSONAL SUPERVISION AND THAT PERFORMED AM A DULY EAVIMERSOMID SURVEYORS
_�:• ••:L % LICENSED LAND SUR R UNDER THE LAWS OFOF IOWA.
1212 LOCUST ST, DUBUQUE, U
U TERRY L :�.{ / / 2 _ (563) 556-4389
KOFIKER c `/ DRAWN BY: JJL CHECKED BY, TLK
15487 : T Y L (DATE)
LICENSE NUMBER 15487 SURVEY DATE: 03/02/2023 PLOT DATE: 11/21
�.I.IV,.P`\;\`\\\\\� MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023 DWG. NO. 23020-01POS SCALE 1" - 50'
O
SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 SHEET 1 OF 3
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Page 196 of 811
Page 197 of 811