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Setting a Public Hearing - Petition to Vacate a Portion of West 6th Street Right of Way to be known as City Lot 61B, in the City of Dubuque, Iowa for Vacating Petition (Agreement Between City of Dubuque and Gronen Development, Inc. for the Mixed-use BuilCity of Dubuque City Council Copyrighted March 23, 2026 ITEM SET FOR PUBLIC HEARING # 1. ITEM TITLE: Setting a Public Hearing - Petition to Vacate a Portion of West 6th Street Right of Way to be known as City Lot 61 B, in the City of Dubuque, Iowa for Vacating Petition (Agreement Between City of Dubuque and Gronen Development, Inc. for the Mixed -use Building Project at the Corner of West 5th and Main Streets) SUMMARY: City Manager recommending City Council set a public hearing for April 6, 2026, for the vacation of city interest in the right of way property described as City Lot 61 B, in the City of Dubuque, Iowa through adoption of the enclosed resolution. RESOLUTION Intent To Vacate A Portion Of City Lot 62A, In The City Of Dubuque, Iowa, Being A Part Of The West 6th Street Right Of Way, To Be Known As Lot 61 B, In The City Of Dubuque, Iowa SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for DISPOSITION: April 6, 2026 ATTACHMENTS: 1. MVM Memo Setting a Public Hearing - Petition to Vacate a Portion of West 6th Street Right of Way to be known as City Lot 61 B 2. 1 gronen row vacate memo set PH 03162026 3. 2 Resolution of Intent to Vacate gronen 03162026 4. 3 gronen row vacation plat notch signed 5. 4 Notice —of Public_Hearing_gronen row vacate Page 26 of 36 THE CITY OF DUBE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque AI WIN av 2007-2012.2013 2017*2019 SUBJECT: Setting a Public Hearing - Petition to Vacate a Portion of West 6th Street Right of Way to be known as City Lot 61 B, in the City of Dubuque, Iowa For Vacating Petition (Agreement Between City of Dubuque and Gronen Development, Inc. for the Mixed -use Building Project at the Corner of West 5th and Main Streets) DATE: March 17, 2026 City Engineer Gus Psihoyos is recommending City Council set a public hearing for April 6, 2026, for the vacation of city interest in the right of way property described as City Lot 61 B, in the City of Dubuque, Iowa through adoption of the enclosed resolution. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, PE/PLS Page 27 of 36 THE CITY OF Dubuque DUB E-E All -America Cily Masterpiece on the Mississippi p pp 2oo�.*o 13 zol720zoi9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Setting a Public Hearing - Petition to Vacate a Portion of West 61" Street Right of Way to be known as City Lot 61 B, in the City of Dubuque, Iowa For Vacating Petition (Agreement Between City of Dubuque and Gronen Development, Inc. for the Mixed -use Building Project at the Corner of West 5th and Main Streets) DATE: March 16, 2026 INTRODUCTION This is in response to a request from Gronen Development, Inc. (Gronen) for the vacating of a portion of the West 6t" Street right of way, said right of way area to be legally described as City Lot 61 B, in the City of Dubuque, Iowa. BACKGROUND The City executed a Development Agreement with Gronen Development, Inc. last year on March 17, 2025 for the development of a mixed -use building at the corner of 5th and Main Streets. The project will provide 8,000 square feet of first -floor commercial space and at least eighty (80) rental residential units at an investment of approximately $24,000,000. DISCUSSION Since the execution of the Development Agreement, the Gronen team has worked with City staff and identified an additional small area of land (which we are referring to as the "Notch") that is required to "square off" the northeast corner of the property. In order for the City to convey that property, a First Amendment to the Development Agreement is required. The Amendment has been prepared in order to allow for the following: • Adding new land to the project (the "Notch"). • Establishing easement areas and revocable and irrevocable license areas. • Imposing new infrastructure, utility, and permitting obligations. • Establishing required bonding, inspections, and platting procedures. • Creating mechanisms for early site access. Included in the licenses to be granted for private improvements on public right of way are two electric meter banks and two electric transformers (one meter bank and transformer on the north side of the building in the West 6t" Street right of way and one meter bank and transformer on the west side of the building in the alley right of way). Per the First Amendment document, if the City requires relocation of the transformers or Page 28 of 36 meter banks to accommodate a public improvement project, the City will assume the cost of the relocation. All other terms and conditions of the original Development Agreement remain unchanged. In this area of the original City of Dubuque, the adjacent lot owners own to the centerline of the street and the City holds only a right of way easement. The City of Dubuque has dedicated and reserved the subject right of way areas unto itself prior to this current vacation of the "Notch" property to Gronen. At its March 16, 2026 meeting, the City Council approved the acceptance of the dedication and reservation of the right of way areas around the future Gronen property for street right of way and public utility purposes (platted as City Lots 62A and 62B). As part of the 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. The attached plat shows the portion of the street right of way area proposed to be vacated and conveyed Gronen (the "Notch") to facilitate the mixed -use building development. The portion of the street right of way area to be vacated is to be known as City Lot 61 B, in the City of Dubuque, Iowa. The street and alley right of way areas to be vacated need to be platted. Origin Design has prepared the attached vacation plat. The request to set a public hearing on this matter follows the public hearing for approval of the First Amendment to the Development Agreement with Gronen and the approval of Plat of Survey (Vacation) of a portion of West 6t" Street Right of Way to be known as City Lot 61 B, in the City of Dubuque, Iowa. RECOMMENDATION I am recommending that a public hearing should be held on April 6, 2026, for the vacation of city interest in the street right of way property. ACTION TO BE TAKEN I respectfully request that the City Council set a public hearing for April 6, 2026 for the vacation of city interest in the right of way property described as City Lot 61 B, in the City of Dubuque, Iowa through adoption of the enclosed resolution. Prepared by Nate Kieffer, PE/PLS 2 Page 29 of 36 Prepared by Nate Kieffer, City of Dubuque Engineering 50 W. 13th St. Dubuque, IA 52001 Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 131h St. Dubuque, IA 52001 RESOLUTION NO. 98-26 RESOLUTION OF INTENT TO VACATE A PORTION OF CITY LOT 62A, IN THE CITY OF DUBUQUE, IOWA, BEING A PART OF THE WEST 6T" STREET RIGHT OF WAY, TO BE KNOWN AS LOT 61 B, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has entered into an agreement with Gronen Development Inc (Gronen) for the conveyance of City Owned property comprised of a portion of City Lot 62A, in the City of Dubuque, Iowa, being a part of the West 6th Street Right of Way to accommodate the construction of Gronen's proposed mixed use building development; and Whereas, Gronen has requested the vacation of said portion of the West 6th Street right of way and the conveyance of said property to Gronen per said agreement; and Whereas, Origin Design has prepared and submitted to the City Council a plat showing the proposed vacated portion of City Lot 62A, in the City of Dubuque, Iowa, being a part of the West 6th Street Right of Way, and assigned a lot number thereto, to be known as Lot 61 B, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate the right of way area to be known as Lot 61 B, in the City of Dubuque, Iowa. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate the right of way area to be known as Lot 61 B in the City of Dubuque, Iowa, Iowa is hereby set for the 6th 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 23rd day of March, 2026. Br avanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Index Legend Location: I Block 17 Dubuque Downtown Plaza in City of Dubuque Proprietor: City of Dubuque Requestor: Gronen Restoration Surveyor: Daniel L Marti (dan.marti@origin.com) Surveyor Company: ORIGIN DESIGN CO., 137 MAIN STREET DUBUQUE, IOWA 52001 PHONE: (563)556-2464 moo. PLAT OF SURVEY VACATION OF LOT 61 B BEING A 22.00 FEET BY 15.00 FEET RIGHT OF WAY LOCATED ON MAIN STREET IN CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. EXISTING BUILDING LINE N23°49'36"W 10 NORTH S N66/ 56 � LOB 620 0� / 66 3�56,� 9 0a g1'1 l GRAPHIC SCALE 0 20 40 1 "=20 POB R.O.W. O oo o N66 325/ / N66°32'56"E �15.00' \ LOT 61 B J R.O.W.= 330 SQFT LEGEND 6 32�6•• � 5 O '0 O G< 0 <ZG0 7 Q� BOG', 7 4� Z PROPERTY BOUNDARY EXISTING PROPERTY POINT OF BEGINNING RIGHT-OF-WAY RECORDED AS SET 5/8" REBAR WITH PURPLE PLASTIC CAP NO. 22021 FOUND CUT "X" UNLESS OTHERWISE NOTED FOUND 5/8" REBAR WITH PURPLE PLASTIC CAP NO. 22021 SURVEYOR'S NOTES: DRAWING MAY HAVE BEEN REDUCED 1- 2. 3. 4. 5. origin design® 800 556-"91 origindesign=m DRAWN DLM PLAT NO. 34A-26 CHECKED DLM PROJ.NO. 25082 DATE 3-12-2026 ISHEET 1 of 2 P:U510821DRAWINGSISURVEY125082 VACATION PLAT OF FIELDWORK WAS CONDUCTED ON 7-6-2025. SURVEY WAS COMPLETED FOR GRONEN. BEARINGS ARE REFERENCED TO IOWA STATE PLANE NORTH, NAD83(2011). THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD AND NOT OF RECORD. TOTAL AREA SURVEYED IS 330 SQFT. o�................. r 'wn t DANIEL L. MARTI �= a 22021 n, POB \ 1 LOT 61B BEING A 22.00 FEET BY 15.00 FEET RIGHT OF WAY LOCATED ON MAIN STREET IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF BLOCK 17 OF DUBUQUE DOWNTOWN PLAZA; THENCE SOUTH 66°32'56" WEST ON THE NORTHERLY LINE OF SAID BLOCK 17, 15.00 FEET TO THE EASTERLY LINE OF SAID BLOCK 17; THENCE NORTH 23"49'36" WEST ON SAID EASTERLY LINE, 22.00 FEET TO THE NORTHERLY LINE OF SAID BLOCK 17; THENCE NORTH 66° 32' 56" EAST 22.00 FEET NORTH AND PARALLEL TO THE NORTHERLY LINE OF SAID BLOCK 17, 15.00 FEET TO INTERSECT THE EXTENSION OF THE EASTERLY LINE OF SAID BLOCK 17; THENCE SOUTH 23° 48' 37" EAST, 22.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 330 SQUARE FEET MORE OR LESS AND IS SUBJECT TO EASEMENTS OF RECORD. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. FOR ORIGIN DESIGN CO. DANIEL L. MARTI DATE LICENSE NO. 22021 MY LICENSE RENEWAL DATE IS 12/31/2027 PAGES OR SHEETS COVERED BY THIS SEAL 1-2 Page 31 of 36 Page 2 of 2 SURVEYOR'S CERTIFICATE I, Daniel L Marti, 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: Part of City Lot 62A City of Dubuque, Iowa. This survey was performed for the purpose of vacating a portion of West 61h Street and platting said real estate henceforth to be known as Lot 61B in the City of Dubuque, Dubuque County, Iowa. Total Area of Lot 61B contains (330 square feet). Lot areas are more or less, and 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. Page 32 of 36 Page 1 of 3 OWNER'S CONSENT Dubuque, Iowa 2026 The foregoing plat of Lot 61B 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 and all of the City Lot 61B all lying within West 61" Street, in the City of Dubuque, Iowa. We hereby vacate City Lot 61B to the City of Dubuque. FOR THE CITY OF DUBUQUE, IOWA By---------------------------- Brad M. Cavanagh, Mayor By---------------------------- Adrienne Breitfelder, City Clerk UNIVERSAL NOTARY CERTIFICATE STATE OF ) COUNTY OF ) On this day of 2026, before me, the undersigned, a Notary Public in and for said State; personally appeared to me personally known, OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is,,are subscribed to the within instrument and acknowledged to me that heishe.+they executed the same in h&her+their authorized capacity(W, and that by his/her/their signature(s) on the instrument the person(s) acted. executed the instrument. (Notary Seal) (Sign in blue ink' (PrintItype name) Notary Public in and for the State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL _____CORPORATE OFFICER(S) (CORP SEAL) AFFIXED NO SEAL PROCURED ___PARTNER(S) --- LIMITED --- GENERAL ATTORNEY -IN -FACT ___TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING Page 33 of 36 Page 2 of 3 CITY OF DUBUQUE, IOWA Dubuque, Iowa 2026 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat Lot 61B in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. ------------- the Dubuque City Council approved said plat. ------------------------------ Brad M. Cavanagh Mayor of the City of Dubuque --------------------------------------------- Adrienne Breitfelder Clerk of the City of Dubuque PLANNING SERVICES Dubuque, Iowa ---------------------- , 2026 The foregoing plat of Lot 61B in the City of Dubuque, Iowa, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Article 11: Land Subdivision of the City of Dubuque Unified Development Code, and said approval has been endorsed herein on the date first written above. ------------------------------ Wally Wernimont, City Planner Planning Services Department City of Dubuque, Iowa CITY ASSESSOR Dubuque, Iowa -----------------,2026 The foregoing plat of Lot 61B was entered of record in the office of the Dubuque City Assessor this ----------- day of ----------------------- 2026. ------------------------------ Troy Patzner Dubuque City Assessor Page 34 of 36 Page 3 of 3 COUNTY AUDITOR Dubuque, Iowa 2026 The foregoing plat of Lot 61B 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. ------------------------------ Keith Lucy County Auditor of Dubuque, Iowa RECORDER'S CERTIFICATE Dubuque, Iowa 2026 The foregoing plat of Lot 61B has been reviewed by the Dubuque County Recorder. ------------------------------ Ann Sweeney Dubuque County Recorder Page 35 of 36 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa will hold a public hearing on the 61" day of April 2026 at 6:30 p.m. in the Historic Federal Building, 350 W. 6t" Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to vacate a portion of the West 6t" Street Right Of Way in the City of Dubuque, Iowa, to Gronen Development, Inc., said real property is more particularly described as follows: A Portion of City Lot 62A, in the City of Dubuque, Iowa, to be known as Lot 61 B, in the City of Dubuque, Iowa, Iowa At the meeting, the City Council will receive in -person and virtual comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13t" St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments received by the City Clerk's Office before said time of public hearing. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 16th day of March 2026. Adrienne N. Breitfelder, CIVIC City Clerk Page 36 of 36