Vacation and Sale of Alley Right of Way Agreement - Kellhoff Properties, LLC Property at 3860 Peru Road Copyrighted
April 20, 2026
City of Dubuque CONSENT ITEMS # 7.
City Council
ITEM TITLE: Vacation and Sale of Alley Right of Way Agreement - Kellhoff
Properties, LLC Property at 3860 Peru Road
SUMMARY: City Manager recommending City Council approval of an
agreement with Kellhoff Properties, L.L.C. (Kellhoff) related to
the vacation and sale of certain street right of ways adjacent
to the property at 3860 Peru Road in Dubuque, lowa.
RESOLUTION Approving an Agreement between the City of
Dubuque, lowa and Kellhoff Properties, L.L.C.
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Agreement with Kellhoff Properties, LLC for the Vacation and Sale of
the Alley Right of Way adjacent to Property at 3860 Peru Road
2. 1 Staff Memo approve kellhoff agreement
3. 2 Resolution Approving kellhoff Agreement
4. 3 kellhoff agreement binder 04082026 SIGNED
Page 214 of 901
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with Kellhoff Properties, L.L.C. for the Vacation and Sale of the
Alley Right of Way lying between Peru Road, Toledo Street, Excelsior
Street, and Walker Street Adjacent to Kellhoff Properties, L.L.C. Property
at 3860 Peru Road
DATE: April 15, 2026
City Engineer Gus Psihoyos is recommending City Council approval of an agreement
with Kellhoff Properties, L.L.C. (Kellhoff) related to the vacation and sale of certain
street right of ways adjacent to the property at 3860 Peru Road in Dubuque, lowa.
The City of Dubuque has entered into an agreement with Kellhoff for the sale of City
owned alley right of way property to be used to help facilitate the development of six
residential lots owned by Kellhoff at 3860 Peru Road. The property to be conveyed to
Kellhoff includes all of the alley right of way lying between Peru Road, Toledo Street,
Excelsior Street, and Walker Street.
The agreed upon price for the vacation and sale of the 6,000 square feet alley right of
way area is $8,790.00. Kellhoff will be responsible for all surveying/platting costs,
publication and filing fees. The City will reserve a public utility easement over the entire
alley right of way area to accommodate any existing and future utilities. The easement
will prohibit construction of buildings or other structures. Kellhoff plans to use the vacated
area to install utility connections, from the six residential lots to City utility mains on Peru
Road, and to construct a driveway with appurtenances. The neighboring property owners
have provided formal written consent for the vacation and have waived their right to
purchase the portion of the alley adjacent to their property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Page 215 of 901
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, CE III, PE/PLS
2
Page 216 of 901
THE CITY OF Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Agreement with Kellhoff Properties, L.L.C. for the Vacation and Sale of the
Alley Right of Way lying between Peru Road, Toledo Street, Excelsior
Street, and Walker Street Adjacent to Kellhoff Properties, L.L.C. Property
at 3860 Peru Road
DATE: April 8, 2026
INTRODUCTION
The purpose of this memorandum is to request City Council approval of an agreement
with Kellhoff Properties, L.L.C. (Kellhoff) related to the vacation and sale of certain
street right of ways adjacent to the property at 3860 Peru Road in Dubuque, lowa.
BACKGROUND
The City of Dubuque has entered into an agreement (see agreement attached) with
Kellhoff for the sale of City owned alley right of way property to be used to help facilitate
the development of six residential lots owned by Kellhoff at 3860 Peru Road. The
property to be conveyed to Kellhoff includes all of the alley right of way lying between
Peru Road, Toledo Street, Excelsior Street, and Walker Street.
DISCUSSION
In working with Kellhoff, City staff has prepared an agreement for the vacation and sale
of the alley right of way property described above. The agreed upon price for the
vacation and sale of the 6,000 square feet alley right of way area is $8,790.00. Kellhoff
will be responsible for all surveying/platting costs, publication and filing fees. The City
will reserve a public utility easement over the entire alley right of way area to
accommodate any existing and future utilities. The easement will prohibit construction
of buildings or other structures. Kellhoff plans to use the vacated area to install utility
connections, from the six residential lots to City utility mains on Peru Road, and to
construct a driveway with appurtenances. The neighboring property owners have
provided formal written consent for the vacation and have waived their right to purchase
the portion of the alley adjacent to their property.
A copy of the agreement executed by Kellhoff is attached.
RECOMMENDATION
Page 217 of 901
I recommend that the City approve the Agreement for the vacation and sale of certain
alley right of way adjacent to the Kellhoff property at 3860 Peru Road per the terms of
the attached Agreement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving said Agreement and
authorizing the City Manager to execute said agreement.
Attach.
Prepared by: Nate Kieffer, CE III, PE/PLS
Page 218 of 901
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. 13th St. Dubuque, IA 52001
RESOLUTION NO. 123-26
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND KELLHOFF PROPERTIES, L.L.C.
Whereas, Kellhoff Properties, L.L.C. (Kellhoff) owns six residential lots at 3860 Peru
Road legally described as Lots 521 to 524 inclusive and Lots 529 and 5230 in North
Dubuque Addition, in the City of Dubuque, Iowa (the Kellhoff Property); and
Whereas, Kellhoff is requesting the vacation and sale of the alley right of way lying
between Peru Road, Toledo Street, Excelsior Street, and Walker Street, being
approximately 6,000 square feet in area, (the Alley Right of Way), and adjacent to the
Kellhoff Property , in order to accommodate the development of said residential lots; and
Whereas, Kellhoff and City desire to enter into an agreement with respect to the
proposed Alley Right of Way vacation as set forth herein; and
Whereas, a copy of the Agreement is attached hereto; and
Whereas, Kellhoff has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1 The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement
on behalf of the City of Dubuque
Passed, approved, and adopted this 20th day of April, 2026.
Brad M. Ca , Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
04082026
AGREEMENT
BETWEEN
KELLHOFF PROPERTIES, L.L.C.
AND
THE CITY OF DUBUQUE, IOWA
This Agreement, dated for reference purposes the �� day of April, 2026 is made
and executed between the City of Dubuque, lowa, (City), a municipal corporation, and
Kellhoff Properties, L.L.C. (Kellhof�, an lowa Limited Liability Company.
Whereas, Kellhoff owns six residential lots at 3860 Peru Road legally described
as Lots 521 to 524 inclusive and Lots 529 and 5230 in North Dubuque Addition, in the
City of Dubuque, lowa (the Kellhoff Property); and
Whereas, Kellhoff is requesting the vacation and sale of the alley right of way
lying between Peru Road, Toledo Street, Excelsior Street, and Walker Street, being
approximately 6,000 square feet in area, (the Alley Right of Way), and adjacent to the
Kellhoff Property , in order to accommodate the development of said residential lots;
and
Whereas, Kellhoff and City desire to enter into an agreement with respect to the
proposed right of way vacation as set forth herein.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1. CITY RESPONSIBILITIES.
1. City will vacate and sell the Alley Right of Way, being approximately 6,000 sq. ft.
in area, as shown on the attached Exhibit A, for $8,790.00.
2. City will reserve a public utility easement over the entirety of the Alley Right of
Way. This easement will preclude the placement of any buildings or structures
on the vacated right-of-way in order to allow for maintenance or replacement of
existing or future utilities in the area.
3. City will upon receipt of the plat of survey of the area proposed to be vacated,
take the request to the City Council to be set for a public hearing and formal
approval.
4. City will after the public hearing approval by the City Council and receipt of the
publication and filing fees, execute a Quit Claim Deed to Kellhoff for the vacated
property and record the deed.
SECTION 2. KELLHOFF RESPONSIBILITIES.
0708206
Page 220 of 901
1. Kellhoff will submit a request to vacate in writing to: The Honorable Mayor and
City Council at 50 West 13th Street, Dubuque, lowa, with reasons for the
proposed vacating and a sketch or plat of the area to be vacated.
2. Kellhoff will purchase the vacated right of way area for the amount of $8,790.00
plus all applicable publication and filing fees.
3. Kellhoff will have a plat of survey prepared at Kellhoff's expense by a Licensed
Land Surveyor. This will show the boundaries of the proposed vacating and
assign a legal description to the property.
4. Kellhoff will provide written consent for the vacation and sale by all affected
private property owners, as determined by the City Engineer.
SECTION 3. NOTICES.
All notices and correspondence related to this Agreement must be sent to the following:
If to Developer: Luke D. Hoffmann
500 Westover Dr. #34567
Sanford, NC 27330
If to City: City of Dubuque, lowa
Attention: Gus Psihoyos, City Engineer
50 West 13th Street
Dubuque, lowa 52001
SECTION 4. DEFAULT.
In the event of default by Kellhoff, City reserves the right to seek specific performance in
lowa District Court for Dubuque County.
SECTION 5. MISCELLANEOUS.
5.1 This Agreement may not be assigned without the prior written permission of the
City. Such written approval will not be unreasonably withheld.
5.2 This Agreement represents the entire Agreement between the parties. There are
no verbal additions to this Agreement, and all amendments, additions or changes to this
Agreement must be in writing and agreed to by both parties.
5.3 All covenants, conditions, and provisions of this Agreement will inure to the
benefit of and be binding upon the parties hereto and their respective successors, heirs
and assigns.
5.4 This Agreement is governed by the laws of the state of lowa and venue for any
action arising from or related to this Agreement will be in the District Court of lowa,
Dubuque County, lowa.
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Page 221 of 901
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.
5.6 This agreement is subject to approval by the City Council of Dubuque, lowa.
3
Page 222 of 901
KELLHOFF FROPERTIEB. L.L.C,
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Miliigen
City Manager
By:
Luke a:lMoffi nn
Authorized Representative
4
EXHIBIT A
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Page 224 of 901
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DISCLAIMER:This information was mmpiled using various data 1�I
sources from third parties or maintained by the City of Dubuque 11°X$.5°Sheet I V Map Prepared by:
(the Ciry).By use of this information,the user acknowledges that, City of Dubuque
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the user will not hold the City liable for any loss,damage,or PhOn2:(563)589-4270
inconvenience caused as a result of reliance on the information. Feet S Fex:(563)589-4205
Page 225 of 901