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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 uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 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 DUB E-E All -America Cily Masterpiece on the Mississippi p pp zoo�.*o 13 zol720zoi9 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, ,1131 y / / / - r� r VDS 146 CaV u5 / 1\ Ak a,V'PI , w at'I Cl- 6451' l»gS, i�JW)/ ,A3 `A+p. G'o �,•� fl Va, \$,1gm. �`� �\ / / tHy1 / i /' LOT Boat A,.-/ ev`p6Fpo f� .004 ACRES169 SF -A 4 0.0 7 GQ. aft Vol \ ��\ m it to� � PK •�,N o� A a / LOT 111 OF \ L\ _OD ARID PLA s as 6e a& \ \ rn $p m 0.116 ACRES ��, W"- / „6• `� w of CLOi t -Ni\ m LOT 2A OF g � . - ,7.IA�.T1 a ape WOODWARD PLAC tp, E lg DA0.7 12 ACRSF c\ �Tl.�' I` 6 O'k\ \ UT Y 61g'IB'io'E \ ry OZ 1 LOZ V( I PA�£R'' 111.sd(11.sD� t \� a w?;°of Rp sw LB'49'37' ` 1` %\ $ A RAC ; ^4`96 \ '3 N 66'45'40' E ``\ u 10.Od 2A ' LOT 2 2A ;)` �—WOODWAFA PLACE q0ad� (DEDICATED TO TGKE OTY 1y0� dT }II{D PE-R DOCUMENT ir116556-01) M E LOT 1 A 60'L1 I, y WOODWARO PLACE �,l N i g� �Q I W�` SPy /' r\ NO PINS PLACEO 0' 25, 50' 100' SCALE: 1' - 50' MypI11111111Uq LAND VW�• 1FRAY L 3 � 1598T / \ M\ RANI \ \ 1\ / LEGEND • FOUND 5/e' R. (urges DTNE". NOTED) FIND 5/8' ROD W/CRANCE CAP III — FOUND CUT V B EDLND WT K Q FOUND NAG NAIL QO PLACED NAG NAIL o PLACED SUT IRON REROp W/IXRANCE PLASDL LPBP YARNED "KO'L- 1541SZ' D BOUNDARY LINE TY um NIGHT OF WAY (ROW) UNE ------- MLWT UNE LFN.ItUNE — ( ) ONION IN 9F PCL rD SWA, FEET PART Or tlTY LOT SW TDC SOEMALK 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 M%O U ER TXE LAWS OF STp,A�S5LE ;�AT FEN 'S_ 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 A 62'I / / � P • GAT( > > � \ / 1A� / SOS / 0\ d+ N \<0 'o 0 ZI �&p >\p \ A 'o-A o 0O \s r X.:) m 0 J S. D P i o �, / / _0OOA 'PA ON NO � N' \�� N� / 0 \ - 0Ni N\w� O o j �Z p-A O o A> \ �. co, N rn y �-A 1o�� s �. �\ y 0z / Z 0 5u` 62 \J N� ` moo• roo ?> ° Q (N 19 8 o� G�(I v0" •q \ / / NAIL < o N1�•G\�l� f\ ��.201 p NORM of U of l,1' / �- w 1 , N EP�PLPtiP / �s x \ C 1h LOT 1 B OF R RT P qA• N Np oo (I �o \ G \ WOODWARD PLACE Z ✓ ` N mot , a0- P /Ag1,6 ��'� J D \ G 0.118 ACRESN,6�S�1 m� LOTCITY\ ✓ os 5,122 SF Boa > Z, of 2" 1 �PJP 648C \ \1 CID. 0. WOOD T 2A PLACE 4 OF 11 2 of PREP \ s \� / N \ \ 0.003 ACRES N� 112 o�eJo�E �No \ cuT� F o� cur v N \ \ rn s a a 23 \ / S19"18'10"E ` a, �6'So �0C P�PGE rn✓ r V0� 0 �� I PAVER" 11.90'(11.90') \r > oo�PRO NJ \ v` �� Get FL sw S66'49'37"W \` �o N\ ��F N�o W ,95d) 'i 0� �N >�do 4.96' ✓ N 66'45'40" E \ 9 50 �� 5Lk 2 ,k5� LOT LOT 2 / `\ 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./' iO\J 1p�g�1,0�9 \ 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 *Amwb C" DUB E 13 Masterpiece on the Mississippi zoo��*o YP PP v20 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 jC6 0 1239 621 \ ` TN \ �` - Aci C� rYaO o rn A9T �0 626 G oo-A -SO y �� d1 A rn 0 o, \ 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 \ ` TN \ �` - Aci C� rYaO o rn A9T �0 626 G oo-A -SO y �� d1 A rn 0 o, \ 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 \ ` TN \ �` - Aci C� rYaO o rn A9T �0 626 G oo-A -SO y �� d1 A rn 0 o, \ 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. 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L____-_-_ O 1 MIX Tench Drain } 594.00 I 1 + (S CINI DWGS) } 643.98 643.98 I 1 }_ } 1 I ; } , } 69RE 2 I Site-1 NIC T (S. ARCH DWGS q I b Finish) 1 �vo e LO DOOK } I I \ 1 } + ; y 1 f W9 } 1 CHILDCARE Slte Wall NIC IX DI ,. - ."`- ( 44 25% ODI L I _ OUTDOOR PLAY AREA _ _ _ _ _ iS-ARCH DWGS - - - - - _ - - - - _ _ 64 BC.� 1 i. O1 ; + WALLF EAl1E1TIONi MAILER I COURTYARD I BW 3.]1 + } 3?D I64v.5? 642.51 .2. I _ j,.86 641.)5 1 1 O TW 6 _ I ____________ PAVILION I 646.84 1446. BC 646.98 2.4 } } 2 1 I OCD TO 64].48 BU Idln9 Orerheig 1 + S.Dx .Dx i I TW fi53'00 +) D ffl (See ARCH DWGSI i BW,, a } TI 643.94 s1-� DI ;MH 1 2 16 1 1 - 644. 642 8 _17 W.. j } + FFE :nlv FFF .50 I I �N -� } vsPAVILIONPAVILIONN i<4.u0 BC841uE I m I i I } }. T + + } } + KIr 1 � 6na i�E 1 } MUSEUM 6g�(2) CO RE 1 I _ ENTRY } MATCHUNE (SEE [JIM) .................................... _ _ ___________________________- MHNE (SEE) I ]5 I 1 I 1 I / 6a4.00 1642.02 TC 841.9D I I I I + I I $O i- I WALLB 2.2 I I I I 1 I I i I m YYi[YIS F� \� $ BC 46 ENTRT 69 00 \fir Q 1 ♦ I I 1 2.1 644.1] I 643.98 � I 5 WALL } .F } } + TM �RRACE ____ ____ W66t 3D EC a TO 59 } $� + + E44.i1 L--- 643.81 _______ _________� s eIA�R No GAS)-------------ByD ------ 64ass_ j O T 68 J- c 8410 16 wnuc 2.z fi41 as - ew s47 ss } + }. } +.j-. + -I-. } },.:} _� } TW645.1s OO TIR �,.' Tv 6a4.2eI 64529 BW 8a3.65 SW fi42.78 1 BR 64540 TR fi45.56 BR 644.63 BR 64342 lR6- BBW.72 TW644.86 BW.l'S3 ,{ o 3fi 3. 2< WALL I.]�Y 2.2 ALLA BR 6a5.30 o BR -.52 B 643' g4142 41.3D 1 RI 4514 CR C543 31 65391 - 643.61 843.58 VAN VAN2 +•y xV BR TO fi43.55 TC643. BC64305BC 642.e5� ]TH STREET cenlemna of nn streei 6Ai1 5p3 . o +PI^ V / Dw /PE _- �TCfi41.10 TCfi4,.10 BC640.80 BC 640.50 CanMline at ],h Street � Page 196 of 811 Page 197 of 811