Petition to Vacate the 20' alley right of way lying between Peru Road, Toledo Street, Excelsior Street and Walker Street for Vacating Petition (Agreement between City of Dubuque and Kellhoff Properties, LLC) Copyrighted
May 18, 2026
City of Dubuque ITEMS SET FOR PUBLIC HEARING # 2.
City Council
ITEM TITLE: Petition to Vacate the 20' alley right of way lying between
Peru Road, Toledo Street, Excelsior Street and Walker Street
for Vacating Petition (Agreement between City of Dubuque
and Kellhoff Properties, LLC)
SUMMARY: City Manager recommending City Council set a public
hearing for June 1, 2026, for the vacation of and disposal of
city interest in the alley right of way property described as
Lots 521A, 522A, 523A, and 524A of North Dubuque, in the
City Of Dubuque, lowa, through adoption of the enclosed
resolution.
RESOLUTION Intent to Vacate and Dispose 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, 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), Set Public Hearing for
DISPOSITION: June 1, 2026
ATTACHMENTS:
1. MVM Memo Petition to Vacate the 20' alley right of way lying between Peru Road,
Toledo Street, Excelsior Street, and Walker Street
2. 1 kellhoff alley vacate memo set PH
3. 2 Resolution of Intent to Vacate alley kellhoff
4. 3 kellhoff vacate pos
5. 4 kellhoff vacate agreement executed
6. 5 Notice_of Public_Hearing_alley vacate kellhoff
Page 606 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: Petition to Vacate the 20' alley right of way lying between Peru Road,
Toledo Street, Excelsior Street, and Walker Street
For Vacating Petition (Agreement Between City of Dubuque and Kellhoff
Properties, LLC)
DATE: May 13, 2026
City Engineer Gus Psihoyos is recommending City Council set a public hearing for June
1, 2026, for the vacation of and disposal of city interest in the alley right of way property
described as Lots 521A, 522A, 523A, and 524A of North Dubuque, in the City Of
Dubuque, lowa, through adoption of the enclosed resolution.
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
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, CE III, PE/PLS
Page 607 of 890
Dubuque
THE CITY OF �
All•Merioa Ciry
D V L L xn�xai�n
� I �,����
� �
Maste iece on the Mississi i zao��zolz'2013
rP pp zoi�*zoi9
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Petition to Vacate the 20' alley right of way lying between Peru Road,
Toledo Street, Excelsior Street, and Walker Street
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 for the setting of a
public hearing 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 608 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 a public hearing should be held on June 1, 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 a public hearing be held on June 1, 2026 for the vacation of
and disposal of city interest in the alley right of way property described as Lots 521A,
522A, 523A, and 524A of North Dubuque, in the City Of Dubuque, lowa, through
adoption of the enclosed resolution.
Prepared by Nate Kieffer, CE III, PE/PLS
2
Page 609 of 890
it
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. 194-26
RESOLUTION OF INTENT TO VACATE AND DISPOSE 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, TO
BE KNOWN AS LOTS 521A, 522A, 523A, AND 524A OF NORTH DUBUQUE, IN THE
CITY OF DUBUQUE, IOWA
Whereas, per Resolution No. 123-26 the City of Dubuque has entered into an
agreement with Kellhoff Properties, LLC for the conveyance of City Owned property, being
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
Whereas, Kellhoff Properties, LLC has requested the vacation of said 20' wide alley
right of way and the conveyance of the same property to Kellhoff Properties, LLC per said
agreement; and
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
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 and dispose of Lots 521A, 522A,
523A, and 524A of North Dubuque, in the City Of Dubuque, Iowa.
Section 2. That a public hearing, and/or by virtual means, on the intent to vacate and
dispose of Lots 521A, 522A, 523A, and 524A of North Dubuque, in the City Of Dubuque,
Iowa is hereby set for the 1st day of June, 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 18th day of May 2026.
Brad1�. avanagh, 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 �
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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,�n°„wA���°".� SHEET 1 OF 3
SHEE7S COVERED BY THIS SEAL : SHEE75 i &2
Page 612 of 890
Sheet 2 of 3
Survevo�'s Certificate
Dubuque, lowa
I, Terry L. Koelker, a Du[y Licensed Land Surveyor in the State of lowa, do hereby certify that the following real estate was
surveyed and platted by me or under my direct personal supervision, To Wit:
LOTS 52'EA, 522A, 523A& 524A OF NORTH DUBUQUE, in fihe City of Dubuqus, Iowa
This survey was pertormed for the purpose of subdividing ancf 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 52'[A,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,OOQ 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 o'f recflrd,
the plat af which is attached hereto and made a part of this certifcate.
BY:
Terry L. Koelker Date
Licensed Land Surveyor
License No. 15487 License Renewal Date: 12/31/27
Owner's Consent
Dubuque, lowa , 2026
The foregoi�g Pfafi of Survey (Vacation) of: LOTS 521A,522A,523A &524A OF NORTH DUBUQUE, in the City of
Dubuque, lowa 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�F [VORTH DUBUQUE, in the City of Qubuque, lowa to be vacated.
The City of Dubuque hereby reserves a public utility easement over the entireiy of said Lots 521A, 522A, 523A&524A.
Mayor of the City of Dubuque, IA
Clerk of the City of Dubuque, IA
State of lowa }
)
Couniy of Dubuque ) ss:
On this day of ,A_D. 2026, before me, the ur�dersigned, a Notary Public in and for the State of
lowa, personaEly appeared Brad M. Cavanagh is the Mayor and Adrienne N. Breit�elder is the Clerk for the City of Dubuque,
lowa me personally known, who being by me duly swom did say that said Brad M. Cavanagh and Adrienne N. BreitFelder that
the seal afifixed to the above instrument was signed and seafed on behalf of said Corporation by authoriry of its Board of
Directors, and that said Brad M. Cavanagh is the Mayor and Adrienne N. BreitFe{der is the Clerk for the City of Dubuque,
lowa acknowledged the execution of said instrument to be the volunfiary ac#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 lowa
Page 613 of 890
Sheet 2 of 3
Sarve or's Certificate
Dubuque, lowa
I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of lowa, do hereby certify that the foEEowing real estate was
surveyed and platted by me or under my direct personal supervision, To Wit:
LOTS 52'[A,522A, 523A & 524A OF NORTH �UBUQUE, in the City of Dubuque, lowa
This survey was performed for the purpose of subdividing and plaiting said real estate henceforth to be known as LOTS
521A, 522A,523A &524A OF NORTH DUBUQUE, in the City of Dubuque, fowa_ Total area of LOTS 521A,522A,523A&
524A OF NORTH DUBUQUE is 6,079 square feet. Total area of LOT 521A is 1,079 squa�e feet. Total area of LOT 522A is
999 square feet. Total area ofi LOT 523A is 1,001 square feet. Total area of LOT 524A is 3,000 square feet. Lot areas are,
mare or less, and all Lots are subject to easements, reservations, restrictions, and rights-of-way o#record and not of record,
the plat of which is attached hereto and made a part of this certificate.
BY:
Terry L. Koelker Date
Licensed Land Surveyor
License No. 15487 License Renewaf Date: 12/31/27
Owner's Consent
Dubuque, lowa , 2026
The foregoing Plat of Survey (Vacation)ofi: LOTS 52'[A,522A,523A 8�524A OF NORTH DUBUQUE, in the City of
Dubuque, lowa 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, lowa to be vacated.
The City of Dubuque hereby reserves a public utiliry easement over the entirery of said Lots 521A, 522A, 523A&524A.
Mayor of the City of Dubuque, IA
Clerk of the City ofi Dubuque, IA
State of lowa )
)
County of Dubuque ) ss:
On this day of ,A.D. 2026, before me, the undersigned, a Notary Public in and for the State of
lowa, personally appeared Brad M. Cavanagh is the Mayor and Adrienne N. BreitFefder is the Cferk for the City ofi Dubuque,
lowa me personally known, who being by me duly sworn did say that said Brad.M. Cavanagh and Adrienne N_ BreitfeEder that
the seal affixed to fihe above instrument was signed and seaEed on behalf of said Corporation by authority of its Board of
Directors, and that said Brad M. Cavanagh is the Mayor and Adrienne N. Brei#fefder is the Clerk for the Ci�ty of Dubuque,
lowa 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 Pubiic in and for the State of lowa
Page 614 of 890