Vacating Petition - Kellhoff Properties, LLC, Plat of Survey of Lots 521A, 522A, 523A, 524A of North Dubuque Copyrighted
May 18, 2026
City of Dubuque CONSENT ITEMS # 14.
City Council
ITEM TITLE: Vacating Petition - Kellhoff Properties, LLC, Plat of Survey of
Lots 521A, 522A, 523A, 524A of North Dubuque
SUMMARY: City Manager recommending approval of an agreement with
Kellhoff Properties, L.L.C. (Kellhoff) related to the vacation
and sale of certain alley right of ways adjacent to the property
at 3860 Peru Road in Dubuque, lowa.
RESOLUTION Approving Plat of Proposed Vacated 20' Alley
between Toledo Street and Walker Street and between Lots
521 thru 526 and Lots 527 thru 532 of North Dubuque, in the
City of Dubuque, lowa, to be known as Lots 521A, 522A,
523A, and 524A of North Dubuque, in the City of Dubuque,
I owa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Approval of Plat of Survey of Lots 521A, 522A, 523A, and 524A of
North Dubuque, in the City Of Dubuque, lowa Vacating Petition
2. 1 vacate alley kellhoff memo approve plat
3. 2 Resolution Approving Plat vacate alley kellhoff
4. 3 kellhoff vacate pos
5. 4 kellhoff vacate agreement executed
Page 453 of 890
Dubuque
THE CITY OF �
uhA�eMa cin
DuB E ; . � ,
I � � I.
Maste iece on the Mississi t 2oo�•zoiz•zois
�P Pp zoi�*zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval of Plat of Survey of Lots 521A, 522A, 523A, and 524A of North
Dubuque, in the City Of Dubuque, lowa
For Vacating Petition (Agreement Between City of Dubuque and Kellhoff
Properties, LLC)
DATE: May 12, 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 alley
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.
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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
Page 454 of 890
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, CE III, PE/PLS
2
Page 455 of 890
Dubuque
THE CITY OF �
All•Meriea Cip
DuB E �� �
;� � ���►
� �
Maste ZECE OYl tlle M2SSlSS1 1 2oo��zoiz�zois
�P pP zoi�*zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Approval of Plat of Survey of Lots 521A, 522A, 523A, and 524A of North
Dubuque, in the City Of Dubuque, lowa
For Vacating Petition (Agreement Between City of Dubuque and Kellhoff
Properties, LLC)
DATE: May 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 alley
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.
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 fully executed
agreement is attached.
Pursuant to Resolution No. 123-26, the City of Dubuque and Kellhoff entered into an
agreement on this project. As part of that agreement, the property owner is responsible
for the surveying and platting of the proposed division of the property and right of way
vacation.
Page 456 of 890
DISCUSSION
The attached plat shows the alley right of way area proposed to be vacated. The right
of way area to be vacated is described as Lots 521A, 522A, 523A, and 524A of North
Dubuque, in the City Of Dubuque, lowa. The City will reserve a public utility easement
over the entire vacated right of way area to accommodate existing and future utilities.
The alley right of way area to be vacated needs to be platted. Buesing and Associates
Inc. has prepared the attached vacation plat.
RECOMMENDATION
I am recommending that the plat of survey (vacation plat) be approved.
ACTION TO BE TAKEN
I respectfully request that the Plat of Survey of Lots 521A, 522A, 523A, and 524A of
North Dubuque, in the City Of Dubuque, lowa, be approved through adoption of the
enclosed resolution.
Prepared by Nate Kieffer, CE III, PE/PLS
2
Page 457 of 890
it
Prepared by: Nate Kieffer,City of Dubuque,50 W. 13'"Street, Dubuque,IA 52001 (563)589-4270
Return to: Nate Kieffer,City of Dubuque,50 W. 13'"Street,Dubuque,IA 52001 (563)569-4270
RESOLUTION NO. 183-26
RESOLUTION APPROVING PLAT OF PROPOSED VACATED 20' ALLEY BETWEEN
TOLEDO STREET AND WALKER STREET AND BETWEEN LOTS 521 THRU 526
AND LOTS 527 THRU 532 OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA,
TO BE KNOWN AS LOTS 521A, 522A, 523A, AND 524A OF NORTH DUBUQUE, IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated May 8, 2026 prepared by Buesing and Associates Inc., showing the proposed
vacated area of the 20'Alley between Toledo Street and Walker Street and between Lots
521 thru 526 and Lots 527 thru 532 of North Dubuque, in the City of Dubuque, Iowa, and
assigned a lot numbers thereto, to be known as Lots 521A, 522A, 523A, and 524A of
North Dubuque, in the City Of Dubuque, Iowa
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated May 8, 2026, prepared by Buesing and Associates, Inc.,
relative to the real estate hereinabove described be and the same is hereby approved,
and the Mayor and City Clerk be and they are hereby authorized and directed to execute
said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves a public utility easement over the entirety of
said Lots 521A, 522A, 523A, and 524A of North Dubuque, in the City Of Dubuque, Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat
and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 18th day of May 2026.
Brad( .M Cavanagh, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
Pfat of Survey (Vacation) of:
LaTS 521 A, 522A, 523A & 524A OF
NORTH DUBUQUE,
in the City of Dubuque, lowa
FOR THE VACATION OF A 20' ALLEY BETWEEN
T�LEDO ST. & WALKER ST. AND BETWEEN LOTS
521-52fi & LOTS 527-532 OF NORTH DUBUQUE,
IN THE CITY OF QUBUQUE, i4WA
INDEX LEGEND
Location; �ots 521A,522A,523A&b24A of North Dubuque,in the City of pubuque,lowa
M+V1I4 of Section 12,T89N,R2E of Ne 5tA P.M.,Dubuque County,lowa
REqueStor.Luke Hoffmann PREPARED 9Y: TERRY L KOELKER, BUE57NG& ASSOqATES
Proprietor of Vacated 20'Alley:Cify Of Dubuque-50 West 13th St.,Dubuque,lowa 52001 1212 LOWST STREET, DUBUQUE, IOWA
Surveyor: Terry�.Koelker-likoelker@buesing.wm NOTE
Company: Buesing 8 Associates,Irtc.
�212 Locust St.,Dubuque,IA 52001 (563)556�5389 THIS SURVEY IS COMPRISED OF: A 20' ALLEY BETWEEN TOLEDO ST. &
ReWm To: Buesing and Associates,12�2 Locust SE.Dubugue.IA 52p01 WALKER ST AND BETWEEN LOTS 52i-526 & LOTS 527-532 OF
NORTH DUBUqUE, IN THE CI"fY OF DUBUQUE, IOWA
10
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� � � � ` ` ~ ~ ~
I � TOLEDO ST. (fi0' ROW}
� ---------------------- —
1 t Y = 3672079.0990
� N BT20'S1' E N 87'20'S1' E X = 5682436.8219 � � , � �
� 20.00'(20') 99.94'(1U0.00�) � ROW
1 � � ` � ~ J � � {
N
` t LOT 527 � a w � i O
y 1 � q7Y(1F DUBUqIfE RESERVES A N � �^y� LOT 52t W I �
1 S � PUBUC 1111UTY EASEMENT OVER :++ N � N
S I THE ENi1RE VACAiID AREA N N �
` D `� Z I AREA CNART
4 t � �.
r � s a7'22'32" w � Q LOT SQUARE FEET
S 87'22'32' W m 99.96'(100.OU') � � ro �
20.00'(20') r
� D p � ;° m 1 521A 1079
+ � .• -i LOT 522 � l 522A 999
l � � LOT 528 0�,�o 0 o U'
�7
o�o N o 4 r+ 1 523A i 001
, , s artis'ss' w �°o D � � v N m ` 524A 30g0 �
� �1 96.78'(96.65') o X I
1 S 67'19'S9' W u, `
-� S g7"f9'S9" W o 'i' gg,37'(100.00') _ � m m TOTAL 6079
��x o I 2a.00'(20') o � N Q N n �
� C�� � �N -i � � LOT 523 o w O
p r, LO7 529 p o � o � o ip .� Ii
� � 1 6� p O N N O a � `"i D i
11a N S 8778�4 2" W � 4 1 �i m G
� �^y� � s1.41'(91.34') D p m i L O T S 5 2'1 A, 5 2 2 A,
� � �+ S 87'18'42" W cn
� o o s s�7s'az;w � , w gg.96'(�00.00') o � 523A & 524A ARE
� <�N N 20.00'(zo} � � � c y o l NON-BUILDING LOi'S
, Lor sa4
` � � ��'. C LOT 530 � o 0 o O `
1 I�1�g � o o 'aWo � •�•' `{
N,l,�� o� o `- N �- I
` v g g7'ig'45" W C Y = 367t875_3773
C S 87'19'45' W � r � �00.00'(100.00') X = 5682446.3049
` ' 86.05'(86.03') � O � ` 1
tO LOT 525 `n
I � � � LOT 531 o Z � � o � y o �
� O 1 '�Wp N G O � � p � O �
1 1 �� c --� ,''� D � -- �
{ , '�W J � � O �
1 a � � O
; o � N� p o� CITY OF DUBUDUE RESERVES A � �
1
.� o PUBUC U71U7Y EASEMENT OVER
t � o p THE EMIRE VACATED AREA O
� } � LOT 532 � .. � � � f � �
� ; LOT 526 ` �, �
` � , ROW — -- — — J
� I 7" IP
s e�7e'ss" w
� , 20.00'(20') _�
` I —J�-'-�� ^�' WALKER ST. ( 60' ROW) _�_�_,
f � � �
5/8' ROD W/RED
5�g" 5/8'ROD W/YELLOW CAP #12631 �
0 � R�� ROD CAP //4016 � � — � � � ~ � ROW
�� l �-- - - � l
l i
LEGEND
� (UNLFSS OTHERWI E NO1ED) CAP#22021 0' 30� 60' 120'
PLAC£D 5/8"IRON ftEROD W/ORANGE _ SCALE: �� = 6CJ�
� PLAST3C CAP MARKED "KOElKER 15487
SURVEYED BOUNDARY LINE
PROPERTY LINE NOTES
_ ROW ,_„_ RIGHT OF WAY(RON� L1NE �,qu MEASUREMENTS ARE IN FEET AND �ECiMALS THEREOF.
----- EXISTING CENTERUNE 2.TOTAL AREA OF PERIMETER SURVEYED IS 6,079 SQUARE FEE'f.
IP IRON PIPE 3.THIS PLAT IS SU9JEC7 TO ALL EASEMENTS OF RECORD ANO NOT OF RECORD.
( ) RECORD DIMENSION 4.BEARING IS BASED FR�M NAD83, ZONE 1401, IOWA NORTH COORDINA7E SYSTEM.
��H111111!!i!J//��� I HEREBY CERl7fY THAT hilS LAND SURVEYING DOCUMENT WAS �U ES I N G
�`\2`�O����a�S��G� UCEN EDRLANDDSURVtY R UNDER hIE LAWS OFN'fHEHSTAlEA06 OWhY 'BNGA2'BRS�dNDTSDRIV6Y0RS
'�o` TERRY L e�a�' 1212 LOCUSf ST, DU6UQUE,IA
s V a -C� (563)556-�9369
_J� KOEl.KER a�c
- • �$�� • ` TERRY L KOELKER (DA'I'� DRAWN 9Y: JCH CHECKED BY: TLK
� UCENSE NUMBER 15487 SURVEY OAiE: 4/13/2026 PLOT DATE: 5/8/2026
�;�°°-,,e ,,e`�.� D4YG. N0. 26069-01 (vP) scr�: i' � so'
����/ ! \\�p� MY LICENSE RENEWAL DA7E IS DECEMBER 31, 2�27
"�����rl,�°,wA���°".� SHEET 1 OF 3
SHEE7S COVERED BY THIS SEAL : SHEE75 i &2
Page 460 of 890
Sheet 2 of 3
Surveyors 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:
LOTS 521A, 522A, 523A & 524A OF NORTH DUBUQUE, 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 LOTS
521A, 522A, 523A & 524A OF NORTH DUBUQUE, in the City of Dubuque, Iowa. Total area of LOTS 521A, 522A, 523A &
524A OF NORTH DUBUQUE is 6,079 square feet. Total area of LOT 521A is 1,079 square feet. Total area of LOT 522A is
999 square feet. Total area of LOT 523A is 1,001 square feet. Total area of LOT 524A is 3,000 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.
r`—
4.-I Lc 4 /'_ 6
Terry L. e ker Date
Licensed Land Surveyor
License No. 15487 License Renewal Date: 12/31/27
Owner's Consent
Dubuque, Iowa c-� IF , 2026
The foregoing Plat of Survey (Vacation) of: LOTS 521A, 522A, 523A & 524A OF NORTH DUBUQUE, 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. LOTS 521A, 522A, 523A & 524A OF NORTH DUBUQUE, in the City of Dubuque, Iowa to be vacated.
The City of Dubuque hereby reserves a public utility easement over the entirety of said Lots 521A, 522A, 523A & 524A.
Mayor of the City abuq ue, IA
C21(,1)sir_7----
Assistant Clerk of the City of Dubuque, IA
State of Iowa )
County of Dubuque ) ss:
On this I€ day of (YlakA , A.D. 2026, before me, t e undersigned, a Notary Public in and for the State of
Iowa, personally appeared Brae'M. Cavanagh is the Mayor and dr rrne-N-Br-eitfelder is the Clerk fo the City of Dubuque,
Iowa me personally known, who being by me duly sworn did say that said Brad M. Cavanagh and Adi.ienne-N-Breitfelder that
the seal affixed to the above instrument was signed and sealed on behalf of said Corporation by authority of its Board of
Directors, and that said Brad M. Cavanagh is the Mayor and Ar ne-NA3reitfelder-is the 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. **Trish L. Gleason, Assistant City Clerk
Witness my hand and Notarial Seal on the date above written. ilihiLlt 4.01,(1. ryLt_
Notary Public in a1td for the State of Iowa
•e TUSDEE LYNN BrLUS
_ r Commission Hum r 8�4-2v4779v
MY Comm.Exp.G17714 }
Sheet 3 of 3
City of Dubuque Planning Services ��
Dubuque, Iowa , 2026
The foregoing Plat of Survey(Vacation)of: LOTS 521A, 522A, 523A&524A OF NORTH,DUBUQUE,) City of
Dubuque, Iowa was reviewed and approved by the City of Dubuque Planning Service on date •(St • a ove.
W im Planner
City of Dubuque, Iowa
Dubuque, Iowa I e, , 2026
The undersigned, Brad M. Cavanagh is the Mayor and Ad it enne+hBreitfelder is the C-ler-ke of the City of Dubuque, Iowa, do
hereby certify that the foregoing Plat of Survey(Vacation)of: LOTS 521A, 522A, 523A&524A OF NORTH DUBUQUE, in
the City of Dubuque, Iowa on '(T1 1�C3,'—C .)as resolution_ !B�3 c1,,. and that the it Council of
the City of Dubuque, Iowa approves said plat.
"Trish L. Gleason, Assistant City Clerk
Mayor of the Qi -of-Dubuque, IA
Assistant Clerk of the City of Dubuque, IA
City Assessor's Certificate
Dubuque, Iowa , 2026
The foregoing Plat of Survey(Vacation)of: LOTS 521A,522A, 523A&524A OF NORTH DUBUQUE, in the City of
Dubuque, Iowa was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written
above.
City Assessor of the City of Dubuque, IA
County Auditor's Certificate
Dubuque, Iowa , 2026
The foregoing Plat of Survey(Vacation)of: LOTS 521A,522A, 523A&524A OF NORTH DUBUQUE, 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: LOTS 521A,522A, 523A&524A OF NORTH DUBUQUE, in the City of
Dubuque, Iowa has been reviewed by the Dubuque County Recorder.
Dubuque County Recorder