Loading...
Agreement with Eric McFadden for the Sale of City PropertyCity of Dubuque City Council CONSENT ITEMS # 15. Copyrighted August 17, 2026 ITEM TITLE: Agreement with Eric McFadden for the Sale of City Property on Valeria Street as Part of the Villas on Valeria Subdivision Project SUMMARY: City Manager recommending City Council approval of an agreement with Eric McFadden (McFadden) for the sale of the two city lots legally described as Lot 16A of Schaffner's Subdivision and Lot 6A of Brewery Addition on Valeria Street adjacent to lots owned by McFadden on Valeria Street and direct staff to initiate the public hearing process for disposition of the city interest in real estate. RESOLUTION Approving An Agreement Between The City Of Dubuque, Iowa And Eric McFadden SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: MVM Memo Agreement with Eric McFadden for the Sale of City Property on Valeria Street as Part of the Villas on Valeria Subdivision Project 2. 1 Staff Memo approve mcfadden purchase agreement 3. 2 Resolution Approving mcfadden purchase Agreement 4. 3 mcfadden pa binder 08042026 signed by mcfadden 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: Agreement with Eric McFadden for the Sale of City Property on Valeria Street as Part of the Villas on Valeria Subdivision Project DATE: August 11, 2026 City Engineer Gus Psihoyos is recommending City Council approval of an agreement with Eric McFadden (McFadden) for the sale of the two city lots legally described as Lot 16A of Schaffner's Subdivision and Lot 6A of Brewery Addition on Valeria Street adjacent to lots owned by McFadden on Valeria Street and direct staff to initiate the public hearing process for disposition of the city interest in real estate. In working with McFadden, City staff has prepared an agreement for the sale of the city lots described above. The agreed upon price for the sale of the two city lots, which total 5,022 square feet in area, is $6,122.62. McFadden plans to combine the two city lots with the adjacent two lots he currently owns to develop an eight -lot residential subdivision on Valeria Street. The agreement contemplates a public hearing for the disposition of real estate pursuant to state law. 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 THE CITY E OF Dkwftyl ubuque T iIAA-AmericaCihD V L 11111. Masterpiece on the Mississippi 2007 • 2012 • 2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Agreement with Eric McFadden for the Sale of City Property on Valeria Street as Part of the Villas on Valeria Subdivision Project DATE: August 6, 2026 INTRODUCTION The purpose of this memorandum is to request City Council approval of an agreement with Eric McFadden (McFadden) related to the sale of city owned property on Valeria Street adjacent to lots owned by McFadden on Valeria Street. BACKGROUND The City of Dubuque has entered into an agreement (see agreement attached) with McFadden for the sale of two City owned lots to be used to help facilitate the development of the Villas on Valeria project. The property to be conveyed to McFadden, legally described as Lot 16A of Schaffner's Subdivision and Lot 6A of Brewery Addition, all in the City of Dubuque, Iowa, includes previously vacated portions of the Lewis Street right of way which have never been disposed of by the city. DISCUSSION In working with McFadden, City staff has prepared an agreement for the sale of the city lots described above. The agreed upon price for the sale of the two city lots, which total 5,022 square feet in area, is $6,122.62. McFadden plans to combine the two city lots with the adjacent two lots he currently owns to develop an eight -lot residential subdivision on Valeria Street. A copy of the agreement executed by McFadden is attached. The agreement contemplates a public hearing for the disposition of real estate pursuant to state law. RECOMMENDATION I recommend that the City approve the Agreement for the sale of the two city lots legally described as Lot 16A of Schaffner's Subdivision and Lot 6A of Brewery Addition, all in the City of Dubuque, Iowa, to McFadden 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 and directing staff to initiate the public hearing process for disposition of the city interest in real estate Attach. Prepared by: Nate Kieffer, CE III, PE/PLS Prepared by Nate Kieffer City of Dubuque Engineering 50 W. 1311' St Dubuque IA 52001 Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 1 T1 St. Dubuque, IA 52001 RESOLUTION NO. 309-26 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ERIC MCFADDEN Whereas, Eric McFadden (McFadden) owns two vacant lots along Valeria Street legally described as Lots 15 and 16 in Schaffner's Subdivision, in the City of Dubuque, Iowa (the McFadden Property); and Whereas, McFadden is requesting the sale of city owned property adjacent to the McFadden property, being approximately 4,186 square feet in area (the City Property), legally described as Lot 16A of Schaffner's Subdivision and Lot 6A of Brewery Addition, all in the City of Dubuque, Iowa, in order to accommodate the development of an eight -lot residential subdivision development on the McFadden Property and City Property areas; and Whereas, McFadden and City desire to enter into an agreement with respect to the proposed sale of the City Property as set forth herein; and Whereas, a copy of the Agreement is attached hereto; and Whereas, McFadden has executed the Agreement; and Whereas, the Agreement contemplates a public hearing on the city disposal of real estate. 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. Section 3. City staff is directed to initiate the public hearing process for disposition of real estate. Passed, approved, and adopted this 17' day of August, 2026. r'y Brad M. Cavana�il ,/Mayor � Attest: Adrienne N. Breitfelder, City Clerk 08-04-2026 AGREEMENT BY AND BETWEEN ERIC MCFADDEN AND THE CITY OF DUBUQUE, IOWA This Agreement, dated for reference purposes the 6th day of August, 2026 is made and executed by and between the City of Dubuque, Iowa, (City), a municipal corporation, and Eric McFadden (McFadden). Whereas, McFadden owns two vacant lots along Valeria Street legally described as Lots 15 and 16 in Schaffner's Subdivision, in the City of Dubuque, Iowa (the McFadden Property); and Whereas, McFadden is requesting the sale of city owned property adjacent to the McFadden property, being approximately 4,186 square feet in area (the City Property), legally described as Lot 16A of Schaffner's Subdivision and Lot 6A of Brewery Addition, all in the City of Dubuque, Iowa, in order to accommodate the development of an eight - lot residential subdivision development on the McFadden Property and City Property areas, as shown on the attached Exhibit B; and Whereas, McFadden and City desire to enter into an agreement with respect to the proposed sale of the City Property as set forth herein. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: SECTION 1. CITY RESPONSIBILITIES. 1.1 Subject to City Council approval, City will sell the City Property, being approximately 4,186 sq. ft. in area, as shown on the attached Exhibit A, for $6,122.62. 1.2City will take the property sale request to the City Council to be set for a public hearing and formal approval of the disposal of city interest in the City Property. 1.3City will, after the public hearing approval by the City Council and receipt of the property compensation and applicable abstracting, publication, and filing fees, execute a Quit Claim Deed to McFadden for the City Property and record the deed. SECTION 2. MCFADDEN RESPONSIBILITIES. 2.1 McFadden will purchase the City Property area for the amount of $6,122.62 plus all applicable abstracting, publication and filing fees. 08-04-2026 2.2 McFadden will provide an access easement for the benefit of Lots 12, 13 and 14 of Schaffner's Subdivision in the City of Dubuque, Iowa, as shown on the attached Exhibit B, via the proposed subdivision plat as shown on Exhibit B. SECTION 3. NOTICES. All notices and correspondence related to this Agreement must be sent to the following: If to Developer: Eric McFadden 75 E. 100 N. Ivins, UT 84738 If to City: City of Dubuque, Iowa Attention: Gus Psihoyos, City Engineer 50 West 13t" Street Dubuque, Iowa 52001 SECTION 4. DEFAULT. In the event of default by McFadden, City reserves the right to seek specific performance in Iowa 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 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. 5.6 This agreement is subject to approval by the City Council of Dubuque, Iowa. 2 CITY OF DUBUQUE, IOWA Michael C. Van Milligen City Manager ERIC MCFADDEN By: Eric McFadden 08-04-2026 1W:1:11:31r_1 Fina VILLAS in the City Plat of: ON VALERIA, of Dubuque, Iowa INDEX LEGEND Location: Villas on Valeria, in the City of Dubuque, Iowa NW114 of Section 24 T89N, R2E of the 5th P.M, In the City of Dubuque, Dubuque County, Iowa Requestor: Eric McFadden Proprietor of Lot 15, Lot 16 and Lot 16 "A" of Schaffner's Subdivision & Lot 6 "A" of Brewery Addition, Eric McFadden - 75 E. 100 N., Ivins, UT 84738 Surveyor: Terry L. Koelker Company: Bussing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Return To: Bussing and Associates, 1212 Locust St. Dubuque, IA 52001 \ s \ LOT 6 OF BREWERY ADDITION SUBJECT TO STREET \ 'Po try \ ��-. � \ \0, \ PART OF LOT 10 \ L3 N87'15'26"E 61.95' 28,01' \ 3.94' LOT 6 "A" OF BREWERY ADDITION I EXISTING 10.0' ACCESS EASEMENT - PER DOC. #2968-99 N87-15'26"E 158.71'(158.7l') - 28.90' i Tb.l --42.99 � / 0 S 7 F M gFLOT 16 "A' 9 / SCHAFFNER'S Ids9s• SUBDIVISION �, a / ------------ d.• M0j � �9. ti d G7 h 4 m �O� .� 0 VV ID N p ?tJ O ( :ham ry, +3 O th 15' WIDE ACCESS & UTILITY EASEMENT ry' y rV �ry Soo• \� V' R \ FOR THE BENEFIT OF LOTS 1-7 OF aiy \ THIS PLAT AND LOTS 12, 13, & 14 OF PART OF LOT rs SUNAF NER'S co 1.0 �°' A '�• LOT 13 OF \ sf7BD vrsloN >, ,� SCHAFFNER'S \ SCHAFFNER'S SUBDIVISION ?�3 , Derry O �`� ,�1 �LOT 14 OF SUBDIVISION \ 9 ?0 Ns7?3? N, ` N SCHAFFNER'S SUBDIVISION \ \ 2)00s). ? ti \ ip 3e .9B( \ LOT 15 > > OR 6'0b' UBDIVISION LINE CHART LINE # DISTANCE BEARING L1 13,46' N2443'49"E L2 13.41' N43'25'44"E L3 11.25' N70'27'31"E L4 29.43' S36'26'27"E L5 8,06, S26'21'11"E L6 7.17' S67'23'22"E L7 8.08, N89'11'27"W L8 5.41' N10'36'02"W 1-9 6.43' S67'21'23"E L10 33.52' S6338'49"W L11 10.00' S26'21'11"E L12 7.00' S6338'49"W L13 30.00' N26'21'11"W L14 7,00' N63'38'49"E L15 10.00' S26'21'11"E L16 24.82' N63'38'49"E L17 13.26' S67-23-22"E \ \ CAR/� ST ,951 ?zoo, 63 (9 UTILITY SERVICE & \ \ �50• R ?� SF <>>� ENCROACHMENT \ OW) ?S? p EASEMENT PER THIS PLAT \ \ 00 / \ NOTES \ \ 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. \ 2'TOTAL AREA OF PERIMETER SURVEYED IS 21,413 SQUARE FEET. \ 3.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 4.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM. ,g1luHulRlO�,,,_ ' TERRY L. s KOELKER 15487 1 nwA _.-0 LOT 12 OF SCHAFFNER'S SUBDIVISION ROj PREPARED BY: NOTE THIS SURVEY IS COMPRISED OF: LOT 15, LOT 16 AND LOT 16 "A" OF SCHAFFNER'S SUBDIVISION & LOT 6 "A" OF BREWERY ADDITION, IN THE CITY OF DUBUQUE, IOWA LEGEND FOUND 5/0" ROD W/YELLOW CAP #4016 (UNLESS OTHERWISE NOTED) Q FOUND CUT-X FOUND 1" IRON PIPE ® FOUND 5/8" ROD W/ORANGE CAP 115487 (UNLESS OTHERWISE NOTED) Qi FOUND MAG NAIL O PLACED 5/8" IRON REROD W/ORANGE PLASTIC CAP MARKED "KOELKER 15487" SURVEYED BOUNDARY LINE PROPERTY LINE _ ROW _ RIGHT OF WAY LINE ----- -- SUBDIVIDED LINE -------------- EXISTING EASEMENT LINE ----- e----- EASEMENT LINE PER THIS PLAT ( ) RECORD DIMENSION SF SQUARE FEET I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WCRK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DUL .UG€NI3ED LAND 0 UNDER THE LAWS OF THE STATE OF IOWA. ��� TERRY L. KOELKER (DATE) LICENSE NUMBER 15487 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2027 SHEETS COVERED BY THIS SEAL : SHEET 1 0' 20' 40' 80, SCALE: 1" = 40' BNOTNBBRS AND SURYBYORS 1212 LOCUST Sr, DUBUQUE, 1A (583) 558-4389 SURVEY DATE: 10/18/2024 PLOT DATE: DWG. NO. 26177-01 SCALE: 1" _ SHEET 1 OF 4 EXHIBIT B CE OF Bi �F., " r' ` 40 \� 00 ow00►� 00 f 1024126004 SITE DAT ZONING: R-2A ALTERNATE BUILDING HEIGHT: 26'-3" RIDGE HEIGHT BUILDING USE: RESIDENTIAL TOWNHOME SETBACKS REQUIRED: 10' FRONT, 20' W/GARAGF SETBACKS PROVIDED: 10' FRONT, 16'-20' W/GAR/ PARKING REQUIRED: DWELLING UNIT = 1.5 SPACES PER UNIT PARKING PROVIDED: 2 SPACES/LOT (1 CAR GAR UNIT SIZE: 1,260 sgft. LIVING, 254 sgft. GARAGE (3 BEDR001 LOT DATA: LOT 1 = 2,520 SQ. FT. / 0.057 BUILDING AREA (IMPERVIOUS): 804 SQ. FT. (FOO DRIVEWAY/SIDEWALK & PATIO AREA (IMPERVI LANDSCAPE AREA (PERVIOUS): 1,100 SQ.FT. (43.' ACCESS EASEMENT AREA: 341 SQ.FT. (13.5%) LOT 2 = 2,502 SQ. FT. / 0.057 BUILDING AREA (IMPERVIOUS): 804 SQ. FT. (FOO DRIVEWAY/SIDEWALK & PATIO AREA (IMPERVI LANDSCAPE AREA (PERVIOUS): 851 SQ.FT. (34.0%) ACCESS EASEMENT AREA: 572 SQ.FT. (22.9%) LOT 3 = 1,942 SQ. FT. / 0.044 ACRES BUILDING AREA (IMPERVIOUS): 804 SQ. FT. (FOOTPRINT) (41.4%) DRIVEWAY/SIDEWALK & PATIO AREA (IMPERVIOUS) : 235 SQ.FT. (12.1%) LANDSCAPE AREA (PERVIOUS): 600 SQ.FT. (30.9%) ACCESS EASEMENT AREA: 303 SQ.FT. (15.6%) LOT 4 = 2,262 SQ. FT. / 0.051 ACRES BUILDING AREA (IMPERVIOUS): 804 SQ. FT. (FOOTPRINT) (35.6%) DRIVEWAY/SIDEWALK & PATIO AREA (IMPERVIOUS) : 235 SQ.FT. (10.4%) LANDSCAPE AREA (PERVIOUS): 924 SQ.FT. (40.8%) ACCESS EASEMENT AREA: 299 SQ.FT. (13.2%) LOT 5 = 2,608 SQ. FT. / 0.059 ACRES BUILDING AREA (IMPERVIOUS): 804 SQ. FT. (FOOTPRINT) (30.8%) DRIVEWAY/SIDEWALK & PATIO AREA (IMPERVIOUS) : 235 SQ.FT. (9.0%) LANDSCAPE AREA (PERVIOUS): 1,270 SQ.FT. (48.7%) ACCESS EASEMENT AREA: 299 SQ.FT. (11.5%) LOT 6 = 2,928 SQ. FT. / 0.067 ACRES BUILDING AREA (IMPERVIOUS): 804 SQ. FT. (FOOTPRINT) (27.4%) DRIVEWAY/SIDEWALK & PATIO AREA (IMPERVIOUS) : 235 SQ.FT. (8.0%) LANDSCAPE AREA (PERVIOUS): 1,615 SQ.FT. (55.2%) ACCESS EASEMENT AREA: 274 SQ.FT. (9.4%) LOT 7 = 2,588 SQ. FT. / 0.059 ACRES BUILDING AREA (IMPERVIOUS): 804 SQ. FT. (FOOTPRINT) (31.1%) DRIVEWAY/SIDEWALK & PATIO AREA (IMPERVIOUS) : 235 SQ.FT. (9.1%) LANDSCAPE AREA (PERVIOUS): 1,546 SQ.FT. (59.8%) ACCESS EASEMENT AREA: 3 SQ.FT. (0.0%) LOT 8 = 4,063 SQ. FT. / 0.074 ACRES BUILDING AREA (IMPERVIOUS): 804 SQ. FT. (FOOTPRINT) (19.8%) DRIVEWAY/SIDEWALK & PATIO AREA (IMPERVIOUS) : 235 SQ.FT. (5.8%) LANDSCAPE AREA (PERVIOUS): 3,024 SQ.FT. (74.4%) I i I I � I � I � 1024126005 I � \ I � \ I � I � \ \ I \ V A \ V A \ V A \ \V A LOT 11 \\ V A 1024126013 \ V A \ V A LOT 12 \ V A 1024126012 \ \ \ \ \ LOT 13 \ \ \ 1024126011 \ \ V A \ V A � V A LEGEND = LANDSCAPE AREA = BUILDING AREA = CONCRETE / SIDEWALK AREA = ASPHALT AREA = GRAVEL ACCESS EASEMENT AREA = EXISTING ASPHALT = PROPERTY LINE �O G �G ��l V " PROPERTY INFO PROPERTY ADDRESS = 365 VALERIA STREET DUBUQUE, IOWA 52001 OWNER / DEVELOPER: ERIC MCFADDEN 14059 OLD HIGHWAY ROAD DUBUQUE, IOWA 52003 (435) 313-2267 PREMIER.DESIGN_ERIC@YAHOO.COM NION "I i:I[e.Ys] "llmI 20 0 10 20 40 80 ( IN FEET ) 1 inch = 20 ft. DATE: 7/29/2026 DRAWN BY: E.A.M. CHECKED BY: M.R.F. CLIENT: E.A.M. SCALE: 1" = 20' z J ry W WJwN Lu o VJ > Q z Q Fy 0 ° m0Jj VJ i D M W J L CD m 0 Z J W U z o 0 (D Z LI LI z Q (D O Q w (D Z ZI z (D (D w W W 06 0 0 Z w w Cf) H 00 Lu 2� Lu 2� Lu fY CM fL fL 0 Z , 00 t ti ti Lu O M Q (D ti N N LI J Q u) Lo Co a uJ LC) z % ti � 1-4111AM EXB