Vacating Petition for the Alley Between Main Street and Salina Street (SELCO/Crescent Electric) Copyright 2014
City of Dubuque Items to be set for Public Hearing # 1.
ITEM TITLE: Vacating Petition for the Alley Between Main Street and Salina Street
SUMMARY: City Manager recommending approval of the requests by CW Wolff, LLC
(SELCO) and Crescent Realty Corporation (Crescent Electric) to vacate a
20-foot wide alley between Main Street and Salina Street which abuts the
SELCO property at 15 S. Main Street and the Crescent Electric property at
the intersection of S. Main St. and Charter St. and further recommends
that a public hearing be set for July 6, 2015, on the disposal of this
property.
RESOLUTION Approving Plat of proposed vacated alley between Main
Street and Salina Street of Block 13 in Dubuque Harbor Company's
Addition, in the City of Dubuque, Iowa
RESOLUTION of Intent to vacate and dispose of City interest in the alley
between Main Street and Salina Street of Block 13 in Dubuque Harbor
Company's Addition, to be known as Lot 7A of Block 13 in Dubuque
Harbor Company's Addition, in the City of Dubuque, Iowa
RESOLUTION of Intent to vacate and dispose of City interest in the alley
between Main Street and Salina Street of Block 13 in Dubuque Harbor
Company's Addition, to be known as Lot 6A of Block 13 in Dubuque
Harbor Company's Addition, in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolutions, Set Public
Hearing for 7/6/15
ATTACHMENTS:
Description Type
❑ Vacating Petition Alley between Main St and Salina St-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Selco Alley Vacate Exhibit Supporting Documentation
❑ Resolution Approving Plat Resolutions
❑ Plat of Survey Supporting Documentation
❑ Resolution of Intent to Vacate Selco alley Resolutions
❑ Selco Offer to Buy Supporting Documentation
❑ Selco Request to Vacate Supporting Documentation
❑ Resolution of Intent to Vacate Crescent Alley Resolutions
❑ Letter from Crescent Supporting Documentation
THE CITY OF Dubuque
U E I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition/Alley between Main St. and Salina St. (SELCO and
Crescent Electric)
DATE: June 8, 2015
A request has been received from CW Wolff LLC (SELCO) and Crescent Realty
Corporation (Crescent Electric) to vacate a 20 foot wide alley between Main Street and
Salina Street which abuts the SELCO property at 15 S. Main Street and the Crescent
Electric property at the intersection of S. Main St. and Charter St. City Engineer Gus
Psihoyos states that the City has no plans for the utilization of that portion of the alley
and all local utility companies have been contracted and have no plans for the utilization
of this alley area, therefore perpetual easement rights will not be reserved over the
portion of vacated alley.
SELCO and Crescent Electric have come to an agreement on the method of vacating
the adjacent alley, and the alley will be platted into two lots. SELCO plans to construct
a new building and storage area on its existing site and the vacating of this alley will
facilitate the development of this site. SELCO and the City of Dubuque plan to execute
an Offer to Buy Real Estate and Acceptance agreement where the City sells the
vacated alley at a reduced rate if SELCO constructs the new office building and storage
garages within two years of the vacation of the alley. Crescent Electric plans to expand
its current storage area over the alley area.
City Engineer Gus Psihoyos recommends approval of the request to vacate and
recommends that a public hearing be set for July 6, 2015, on the disposal of this
property. An Offer to Buy Real Estate and Acceptance contains the terms of the
agreement for the purchase by SELCO for a portion of the vacated alley for the
approximate purchase price of$22,100 (final purchase price to be determined by
survey). The actual value prior to discount is estimated at $39,100. Crescent Electric is
paying $5,200, plus $100 for publication and filing fees, for the portion of vacated alley it
is purchasing
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen'
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
2
THE CITY OF Dubuque
DUB E i- c i
Masterpiece vti the Mississippi 2007.2012-2011
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition/Alley between Main St. and Salina St. (SELCO and
Crescent Electric)
DATE: June 5, 2015
INTRODUCTION
This is in response to a request from CW Wolff LLC (SELCO) and Crescent Realty
Corporation (Crescent Electric) for the vacating of a 20 foot wide alley between Main St.
and Salina St. in Block 13 of Dubuque Harbor Company's Addition which abuts the
SELCO property at 15 S. Main Street and the Crescent Electric property at the
intersection of S. Main St. and Charter St.
DISCUSSION
The attached plat shows the alley areas proposed to be vacated. The abutting
properties on either side of the alley are both currently owned by either SELCO and
Crescent Electric. SELCO and Crescent Electric have come to an agreement on the
method for vacating the adjacent alley. The alley area to be vacated is platted into two
lots and is described as Lot 6A and Lot 7A of Block 13 in Dubuque Harbor Company's
Addition, in the City of Dubuque, Iowa. Perpetual easement rights will not be reserved
over the portion of vacated alley.
SELCO plans to construct a new building and storage area on its existing site. The
vacating of this alley will facilitate the development of this site. SELCO and the City of
Dubuque plan to execute an Offer to Buy Real Estate and Acceptance agreement
where the City sells the vacated alley at a reduced rate if SELCO constructs the new
office building and storage garages within two years of the vacation of the alley.
Crescent Electric plans to expand its current storage area over the alley area.
The appraisal price of the proposed vacated alley is $4.60 per square foot or
$39,100.00. The price was reduced to $2.60 per square foot or $22,100.00 if SELCO
constructs the new building in two years.
The City has no plans for the utilization of the alley to be vacated. All local utility
companies have been contacted and have no plans for the utilization of this alley area.
RECOMMENDATION
I am recommending that the vacation plat be approved and the areas indicated by Lot
6A and Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of
Dubuque, Iowa as shown on the attached plat be vacated, and that public hearings be
set for the disposition of the City's interest in the subject areas on July 6, 2015.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and that the Plat of Lot
Lot 6A and Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of
Dubuque, Iowa be approved and public hearings should be held on the disposal of the
properties through adoption of the enclosed resolutions.
Prepared by Nate Kieffer, PLS
2
SELCO/CRESCENT ALLEY VACATE
Exhibit A
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DISCLAIMER:This Information was compiled
sing the Dubuque Area Geographic Information System
(DAGISI,a hid,inclcl
udes data eated by beth the City of Map Prepared by:
Dubuque and Dubuque County. It Is understood that,whi
le
the City of Dubuque and pai-tidpati g agencies utilized the City of Dubuque
most current and accurate Information available,DAGIS and 1 inch = 100 feet Engineering Division
its suppliers do not—u-t nt the ac—cy or currenry of the
mformaeon or data contained herein. The City and participating 50 West 13th Street
agenci es shall n of be held a able Por any direct,indirect,incidental, Dubuque,Iowa 52001
mnsequential,punitroe,or special damages,whether foreseeable or
unthreseeable,arisingoutofeauthorisedoi-unauthoriseduseof 100 50 0 100 Feet Phone:(563)589-4270
this data or the Inability to usreththis data or out of any breach of
warranty whdts—sir S Fax:(563)589-4205
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 208-15
RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN
MAIN STREET AND SALINA STREET OF BLOCK 13 IN DUBUQUE HARBOR COM-
PANY'S ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated June 5, 2015 prepared by WHKS & Co., describing the proposed vacated
20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Har-
bor Company's Addition, in the City of Dubuque, Iowa, to be known as Lot 6A and Lot
7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa;
and
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 June 5, 2015 prepared by WHKS & Co., 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. 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 15t—" day of June, 2015.
Attest:
Kevin • Firnstahl,
ity Clerk
ay D. Buol, Mayor
Doc ID: 008261840006 Type: GEN
Kind: SURVEY PLAT
Recorded: 06/16/2015 at 04:22:01 PM
Fee Amt: $32.00 Pape 1 of 6
DubuqueCounty Iowa
John MurphyRecorder
File2015-0000/7(�652
PREPARED BY: LAWRENCE A. BOYER L.S. 9761 WHKS & CO., 1701 ROUTE 35 NORTH, EAST DUBUQUE, IL 61025 (815) 747-8833
PLAT OF SURVEY
LOTS 6A AND 7A IN BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION,
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
FOR THE VACATION OF A PORTION OF THE EXISTING ALLEY IN BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION
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PRIMARYN
ROAD US y DODGE
20 EAST BOUND STREET (64' IMDE)
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--38-31
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N'LY LINE T B
BLOCK 13 -_.._.,,A �- -.►.
LOT --- �P D
S 83°49'39"E _
_S 86,20 50"E 23.08'
83°7'58"E
116.32'
i1 N ELY CORNER LOT \` 116.32'
�\ OF BLOCK
^^1 �,`�1`� `� NW'LY CORNER LOT \\`
L 0 T 12A i�\/ .� 4A OF BLOCK 13
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SURVEYED BOUNDARY LINE.......... m�� O
RECORD MEASUREMENT................. ( ) o�� CP
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FND 1/2" REBAR................................. 2� �a'� oo �,A N
PLACED 5/8" REBAR W/ ALUM CAP...O
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SURVEYED AREA coo`:
LOT 6A...2,000 SQ FTsE -1 1 22�
LOT 7A...8,531 SQ FT �\ v° 100 W 400
TOTAL....10,531 SQ FT
G,��G SCALE: 1"=80'
SURVEY REQUESTED BY: G�p,R10 4o
CW WOLFF LLC
t` I hereby certify t
t this land surveying document was prepared and
the related surveywork was performed b me or under m direct
VAND.S��jpersonal supervision and that I am a duly licensed Land Surveyor
,,�� under the laws of the State of Iowa.
v;-'LAWRENCE A.:o
J' BOYER
9761 Lawrence A. Bo r ate
10
License number 9761.
engineers+planners+land surveyors �i� '•......... ,��� My license renewal date is December 31, 2016
IOWA,
o i; ���� Date of Survey: June 4, 2015
Sheets covered by this seal: 1 and 2 of 2
PROJECT: 8128 _V D6 � SHEET 1 OF 2
LOTS 6A AND 7A OF BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION,
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
DESCRIPTION OF SURVEY
For the vacation of a portion of the existing alley in Block 13 in Dubuque Harbor Co's Addition in
the City of Dubuque, Dubuque County, Iowa described as follows:
Beginning at the Southwesterly corner of Lot 6 of Block 13 in Dubuque Harbor Co's Addition in
the City of Dubuque, Dubuque County, Iowa; thence South 66 degrees 13 minutes 26 seconds
West, 20.00 feet to the Southeasterly corner of Lot 7 of said Block 13; thence North 23 degrees
47 minutes 4 seconds West, 532.29 feet to the Northeasterly corner of Lot 12A of said Block 13;
thence South 83 degrees 49 minutes 39 seconds East, 23.08 feet to the Northwesterly corner of
Lot 4A of said Block 13; thence South 23 degrees 47 minutes 4 seconds East, 520.77 feet to
the point of beginning; containing 10,531 square feet.
Proprietors:
CITY OF DUBUQUE, IOWA
AJqZFC
engineers+planners+land surveyors
Project 8128
Sheet 2 of 2
LOTS 6A AND 7A OF BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION,
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER'S CONSENT
Dubuque, Iowa June 15 ,2015
The foregoing plat is made with free consent and in accordance with the desire of the
undersigned owner and proprietor of said real estate.
CITY OF DUBU UE, IOWA
By:
D
Roy D. uol
Mayor
ATTEST:
K in imstahl
City Clerk
NOTARY CERTIFICATE
STATE OF IOWA )
} ss.
COUNTY OF DUBUQUE }
On this 15th day of June , 2015, before me a Notary Public in and for
said County and said State, personally appeared Roy D. Buol and Kevin Firnstahl, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk
respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said
City of Dubuque by authority of Resolution No. 208-15 and that the said Roy D.
Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation, by it and by them voluntarily executed.
*0 EPAMELA J.WCARRON
mission Nu bei 772419 Notary blic in the State of Iowa
o omm.Exp.`t-5-2Dt
Commi ion Expires:
LOTS 6A AND 7A OF BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION,
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
PLANNING SERVICES
Dubuque, Iowa 03�4A C ,2015
The foregoing plat has been reviewed by the City Planner (or designee) of the City of Dubuque
in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval
has been endorsed herein on the date first written above.
By:Y
Laura B. Carstens
Planning Services Manager
City of Dubuque, Iowa
CITY ASSESSOR
Dubuque, Iowa ,2015
The foregoing plat s entered of record in the office of the Dubuque City Assessor this �lC
day of , 2015.
;gzv
Q
Rick Engelken
Assessor of the City of Dubuque, Iowa
COUNTY AUDITOR
DUBUQUE, IOWA Lot
to , 2015
The foregoing plat was entered of record in the Office of the DubuqueY Au'tl�tf�i�'
�VA day of . 2015.
( ' b
LQ
We approve of the subdivision name or title to be recorded.
{'
Denise M. Dolor
County Auditor'&, t rue, Iowa ,,^A
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)589-4270
RESOLUTION NO. 208-15
RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN
MAIN STREET AND SALINA STREET OF BLOCK 13 IN DUBUQUE HARBOR COM-
PANY'S ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated June 5, 2015 prepared by WHKS & Co., describing the proposed vacated
20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Har-
bor Company's Addition, in the City of Dubuque, Iowa, to be known as Lot 6A and Lot
7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa;
and
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 June 5, 2015 prepared by WHKS & Co., 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. 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 151h-day of June, 2015.
- oy D. Buol, Mayor
Attest:
Keviri _. FIrnstahl, M ity Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 208-15 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 15th day of June, 2015.
.a
Kevin Firnstahl, WC, City Clerk
o ^ s
4
/
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 209-15
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN THE
ALLEY BETWEEN MAIN STREET AND SALINA STREET OF BLOCK 13 IN
DUBUQUE HARBOR COMPANY'S ADDITION, TO BE KNOWN AS LOT 7A OF
BLOCK 13 IN DUBUQUE HARBOR COMPANY'S ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, CW Wolff, LLC has requested the vacating and disposal of the alley
between Main Street and Salina Street in Block 13 of Dubuque Harbor Company's
Addition; and
Whereas, WHKS & Co. has prepared and submitted to the City Council a plat
showing the proposed vacated 20 foot wide alley between Main and Salina Street in
Block 13 of Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa and
assigned lot numbers thereto, which hereinafter shall be known and described as Lot
6A and Lot 7A of Block 13 in Dubuque Harbor Company's Addition, 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 its interest in
Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque,
Iowa.
Section 2. That the conveyance of Lot 7A of Block 13 in Dubuque Harbor Company's
Addition, in the City of Dubuque, Iowa to CW Wolff LLC be contingent upon the
payment in the amount of $22,000, subject to the conditions of an Offer To Buy Real
Estate and Acceptance Agreement between the City and CW Wolff LLC, plus $100 for
platting, publication, and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a
notice of intent to vacate and dispose of said real estate to be published in the manner
as prescribed by law.
Passed, approved and adopted this 15th day of June, 2015.
Attest:
Kevin y. Firnstahl, City Cher
4J
Roy D. Buol, Mayor
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: The City of Dubuque, Iowa, Seller:
SECTION 1. REAL ESTATE DESCRIPTION. CW Wolff, LLC (Buyer) offers to buy real
estate in Dubuque County, Iowa, described as follows:
Vacated alley between Main and Salina North of Charter,
as shown on Exhibit A
with any easements and appurtenant servient estates, but subject to the following: a. any
zoning and other ordinances; b. any covenants of record; c. any easements of record for
public utilities, roads and highways designated the Real Estate; provided Buyer, on
possession, is permitted to make the following use of the Real Estate: industrial.
SECTION 2. PRICE. The purchase price is $22,100.00 ($2.60 per square foot for
approximately 8,500 square feet), final purchase price to be determined by survey
payable in cash at closing.
SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes
payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of
real estate taxes on the Real Estate shall be based upon such taxes for the year currently
payable unless the parties state otherwise.
SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of the
Real Estate shall be delivered to Buyer on or before September 1, 2015, or such other
date as the parties agree in writing, with any adjustments of rent, insurance, and interest
to be made as of the date of transfer of possession.
SECTION 5. ABSTRACT AND TITLE. Seller shall, at Buyer's expense, promptly
obtain an abstract of title to the Real Estate continued through the date of acceptance of
this offer, and deliver it to Buyers for examination. It shall show merchantable title in Seller
in conformity with this Contract, Iowa law and Title Standards of the Iowa State Bar
Association. The abstract shall become the property of the Buyer when the purchase
price is paid in full. Buyer shall pay the costs of any additional abstracting and title work
due to any act or omission of Seller.
SECTION 6. DEED. Upon payment of the purchase price, Seller shall convey the Real
Estate to Buyers or their assignees, by Quit Claim Deed.
SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract.
SECTION 8. REMEDIES OF THE PARTIES
8.1. If Buyer fails to timely perform this Contract, Seller may forfeit it as provided in the
Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty
060415bal
days written notice of intention to accelerate the payment of the entire balance because
of such failure (during which thirty days such failure is not corrected) Seller may declare
the entire balance immediately due and payable. Thereafter this Contract may be
foreclosed in equity and the Court may appoint a receiver.
8.2. If Seller fails to timely perform this Contract, Buyer has the right to have all
payments made returned to them.
8.3. Buyer and Seller also are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs and
attorney fees as permitted by law.
SECTION 9. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract
shall apply to and bind the successors in interest of the parties.
SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or
before May 26, 2015 it shall become void and all payments shall be repaid to the Sellers.
SECTION 11. OTHER PROVISIONS.
11.1. Seller will take the necessary action required by law to vacate the Real Estate. All
requirements of vacation shown on Exhibit C, including the cost surveying, platting, filing,
and recording fees, are the responsibility of Buyer.
11.2. Buyer will secure a building permit and begin construction of an office/warehouse
building and storage shed on the Real Estate consistent with Exhibit B within 24 months
after the Closing.
11.3. The storage shed shown on Exhibit B must be fully enclosed (full height wall) on
its west side.
11 .4. Buyer will pay Seller $17,000.00 (the difference between the Purchase Price of
$2.60 per square foot for 8,500 square feet and Seller's originally offered $4.60 per
square foot for 8,500 square feet) if a building permit has not been issued and
construction commenced within 24 months after the Closing . Such payment must be
made on the first day of the 25th month after the signing of this Contract.
11.5. Environmental Provisions.
(1) Seller will provide Buyer with a properly executed Groundwater Hazard
Statement showing no wells, solid waste disposal sites, hazardous wastes,
underground storage tanks, private burial sites or private wastewater disposal
systems on the Real Estate.
(2) Following acceptance of this Offer, Buyer, its counsel, accountants,
agents and other representatives, shall have full and continuing access to the
2
Real Estate and all parts thereof, upon reasonable notice to Seller, for the
purpose of inspecting, surveying, engineering, test boring, performance of
environmental tests and such other work as Buyer shall consider appropriate,
provided that Buyer will hold Seller harmless and fully indemnify Seller against
any damage, claim, liability or cause of action arising from or caused by the
actions of Buyer, its agents, or representatives upon the Real Estate (except for
any damage, claim, liability or cause of action arising from conditions existing
prior to any such entry upon the Real Estate), and will have the further right to
make such inquiries of governmental agencies and utility companies, etc. and to
make such feasibility studies and analyses as Buyer considers appropriate.
Seller agrees to cooperate with Buyer with respect to such inspecting, surveying,
engineering, test boring, performance of environmental tests and such other
work as Buyer shall consider appropriate, by providing such information,
including documentary information, as Buyer may request and is within
reasonable access to Seller.
(3) For a period of 60 days after acceptance of this offer, Buyer will have the
right to terminate this Contract if environmental issues exist on the Real Estate that
Buyer determines in its sole discretion do not permit Buyer to use the Real Estate
for its intended use, provided, however, that prior to terminating this Contract
pursuant to this section, Buyer will give Seller written notice specifying such issues
and notifying Seller of Buyer's intent to terminate.
(a) If Seller elects to remediate, Seller will have a period of five (5) days
after receipt of such notice in which to notify Buyer in writing that Seller will
remedy the specified condition(s) of the Real Estate to the satisfaction of
Buyer in its sole discretion, at Seller's sole cost. Seller will also include in its
notice a description of the remediation action Seller intends to take, the
standard to be applied to such remediation, and the schedule for such
remediation. If Seller elects to remediate, Buyer will have ten days following
receipt of Seller's notice to accept or reject such notice in Buyer's sole
discretion. If Buyer elects to accept the notice, this Contract will not be
terminated, but closing may be deferred pending completion of such
remediation if Seller promptly undertakes remediation and pursues
remediation with reasonable diligence, and provided Seller's notice shows
that such remediation can be completed by not later than September 1,
2015. If all remediation is not completed by such date, Buyer may terminate
this Contract.
(b) If Seller elects not to remediate, Buyer may give written notice to
Seller that it accepts the Real Estate "as is" and further agrees to defend,
indemnify and hold Seller harmless from and against any and all claims of
any kind arising out of or resulting from the condition of the Real Estate.
11.6. Notice. The following shall be used for purposes of providing written notice
pursuant to this Contract.
3
City of Dubuque
City Manager
50 West 13th Street
Dubuque IA 52001
CW Wolff, LLC
15 South Main Street
Dubuque IA 52001
11.7. This Contract is subject to final approval by the City Council.
11.8. The covenants in Sections 11.2, 11.3, 11.4, 11.5(3)(b) survive the closing.
THIS OFFER IS ACCEPTED
CITY OF DUBUQUE, IOWA, Seller CW WOLFF, LLC, Buyer
Dated: Dated:
By By
Michael C. Van Milligen
City Manager
4
EXHIBIT A
AREA MAP
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EXHIBIT C
VACATING PROCEDURE
9
EXHIBIT C
CITY OF DUBUQUE
VACATING PROCEDURE
The following procedure is used in the process of vacating an area of public right-of-way
(streets or alleys) in the City of Dubuque, Iowa-
1-
owa_1_ Submit a sketch of the proposed area to be vacated to the City Engineer's office_
2_ The City Engineer's office will check for sewer and water utilities in the area and
give a preliminary indication of whether the vacating is favorable or unfavorable.
3_ If a favorable condition exists, submit the request to vacate in writing to: The
Honorable Mayor and City Council at 50 West 13'" Street, Dubuque, Iowa, with
reasons for the proposed vacating and a sketch of the area to be vacated_ The
Council will refer the proposed vacating request to City staff_
4_ You must obtain the written consent of the abutting property owners of the
proposed area to be vacated and any others affected by the proposed vacating,
as determined by the City Engineer_ (You may want to consider this prior to
submitting the letter to City Council.)
5_ The City will notify the utility companies of the proposed vacating and inquire of
the need for easements. Petitioner may contact utility companies prior to this
step if they desire_ The City may reserve an easement for any existing or
proposed public or private utilities located within the proposed vacate area. This
easement would preclude the placement of a building on the vacated right-of-way
in order to allow for maintenance and construction of said utilities.
8_ The City may have an appraisal prepared for the property to determine the fair
market value, or use an assessed value of adjacent land based on a price per
square foot. The minimum purchase price is $300 to cover the cost of
coordinating and processing the request through City Council. (You may obtain
an independent appraisal at your expense, if you desire_) In addition, you would
be responsible for paying publication and filing fees of $100 associated with the
vacating process_
7. A plat of survey must be prepared at your expense by a Licensed Land Surveyor_
This will show the boundaries of the proposed vacating and assign a legal
description to the property. The plat should show the division of the right-of-way
if it is to be split between other abutting property owners_
8. Upon receipt of the plat of survey of the area proposed to be vacated, the
request will be taken to the City Council to be set for a public hearing and formal
approval.
9. After the public hearing approval by the City Council and receipt of the purchase
price and publication of filing fees, the City will execute a Quit Claim Deed for the
vacated property and record the deed_
'10. You can pick up the recorded Quit Claim Deed after it has been returned to the
City Clerk's office at 50 W. 13"' Street from the County Recorder_
10.13:08
10
SELCO3
15 South Main Street,Dubuque,IA 52003 Phone:(563)556.1434
INC. 643 W.Mayne Street,Blue Grass,IA 52726 TOLL FREE: 1-800-72&2434
IF A. F
FAX: (563)556.2436
!iA BARRICADES PAVEMENT MARKING TAPE MEMBER
COMPLETE LINE OF TRAFFIC CONTROL EQUIPMENT CONSTRUCTION SIGNS PAINT STRIPING
FLASHERS TRAFFIC SIGNALS
SERVICE THINK SELCO
ARROW BOARDS FLOODLIGHTING
SAFETY FENCE
lulflcax Tnufx:
iMETY if11VICfi ABiCCl.lTlCx,IxC.
May 26, 2015
Honorable Mayor and City Council
50 West 13th Street
Dubuque, IA 52001-4845
RE: Vacate City Property
Dear Mayor and Council Members:
This letter is written to inquire about the possibility of purchasing a portion of a city street/alley abutting
my property between 15 South Main5treet and Salina Street. We plan to use the vacated properl=y-for
business expansion.
We have contacted the City Engineering Department and they have indicated a favorable condition for
the vacating, but may need easements reserved for utilities. We understand that the vacated area
would need to be surveyed and platted at our expense and a fee paid for the parcel, plus publication
and filing fees.
Please call me at 563-556-2434 if you have any questions.
Thank you for your consideration of this request.
Sincerely,
Clark W.Wolf
President/Owner
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 210-15
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN THE ALLEY BETWEEN MAIN STREET AND SALINA STREET OF BLOCK
13 IN DUBUQUE HARBOR COMPANY'S ADDITION, TO BE KNOWN AS LOT
6A OF BLOCK 13 IN DUBUQUE HARBOR COMPANY'S ADDITION, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Crescent Realty Corporation has requested the vacating and
disposal of the alley between Main Street and Salina Street in Block 13 of
Dubuque Harbor Company's Addition; and
Whereas, WHKS & Co. has prepared and submitted to the City Council a plat
showing the proposed vacated 20 foot wide alley between Main and Salina
Street in Block 13 of Dubuque Harbor Company's Addition, in the City of
Dubuque, Iowa and assigned lot numbers thereto, which hereinafter shall be
known and described as Lot 6A and Lot7A of Block 13 in Dubuque Harbor
Company's Addition, 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 its
interest in Lot 6A of Block 13 in Dubuque Harbor Company's Addition, in the City
of Dubuque, Iowa.
Section 2. That the conveyance of Lot 6A of Block 13 in Dubuque Harbor
Company's Addition, in the City of Dubuque, Iowa to Crescent Realty
Corporation be contingent upon the payment of $5,200, plus $100 for publication
and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to vacate and dispose of said real estate to be published
in the manner as prescribed by law.
Passed, approved and adopted this 15th day of June,20 .
ty C
Roy D. Bu I, Mayor
Attest:
Kevin . Firnstahl, City C erk
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Dubuque Engineering Department
NUj-!B
OF 50 W. 13`^Street
AM-AmufoUv Dubuque,IA 52001
E Ottice(563)9-420570
I ��' fax(563)539-4205
ciigiiieci-@cityofdLibttqtie.org
MrtSECt'�1CCC Oft the M1SSissippi 2W7 201 •2013 www.cityofdubuquc.org I
I
May 22, 2015
Mr.Mark Rizzetto, Vice President of Real Estate
Crescent Realty Corporation
7750 Dunleith Dr.
East Dubuque, IL 61025
RE: Public Alley Right-Of-Way Vacating
Dear Mr. Rizzetto:
The City has had a request from SELCO to vacate public right-of-way of the alley abutting your
parcel (PIN # 1025433005)as shown on the attached sketch. In order to avoid having a small
portion of a public alley remaining, the City is encouraging the entire area indicated on the
attached sketch to be vacated and disposed of to the abutting property owners. You have the
right to purchase one half of the alley abutting your lots. It appears there are no utilities in the
alley, so no easements for utilities over the vacated area are anticipated.
Mr. Clark Wolff from SELCO stated he had contacted you and explained the situation. This is a
follow up letter to get your written consent to the vacating and find out your interest in
purchasing one half of the proposed vacated alley prior to processing the vacation through City
Council.
The value of the alley has been established at $2.60/s.f. Thus, your purchase price would be
approximately$5,200.00 (final purchase price to be determined by survey) plus $100.00 to
cover the cost of publication and filing fees. The cost of the surveying and platting is to be
shared between Crescent and SELCO or as agreed upon between Crescent and SELCO.
I
Please check the corresponding statement that describes your interest in the area proposed to
be vacated and sign and return a copy of this letter to Engineering Department.
i
_ Crescent will purchase one half of said alley abutting our lots in the
amount of$5,200.00 plus $100.00 to cover the cost of publication and
filing fees. Crescent will also share in the cost of surveying and platting
or as agreed upon between Crescent and SELCO.
Crescent is not interested in purchasing any portion of said vacating and
consent to disposal of the entire alley area to SELCO.
After a public hearing and payment of the above fee, the City will issue Crescent Realty
Corporation a Quit Claim Deed for the vacated alley.
i
i
I have attached the vacating procedure for informational purposes. If you have any questions,
please call me at 563.589.4270.
Mark Rizzetto, Vice President of Real Estate Sincerely,
Printed Name
L Nate Kieffer, PLS
Property Owner VlalurO //
Attach. ReA� &�I,,�F-1
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SELL®/CRESCENT ALLEY VACATE
Exhibit A
AREA PROPOSED TO SELCO 10
BE VACATED TO CW
WOLFF LLC APPROX. un
8,500 SQ. FT. A \
z
Up
AREA PROPOSED TO BE
VACATED TO CRESCENT
SELCO REALL Ty CORP. APPROX.
CRESCENT 2,000 SQ. FT.
275 \ REALTY
t
R1ER 5 200
GNA
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City of Dubuque
:r woaie a•°r D
:w �.o'�b4 1 inch = 100 feet W�E Engineering Division
so west 13m Street
Dubuhone:ue,lov�a( 63)58 52000
100 50 0 100 Feet Phone:(563)589-4D0
S Fax:(563)589-4205
I
CITY OF DUBUQUE
VACATING PROCEDURE
The following procedure is used in the process of vacating an area of public right-of-way
(streets or alleys) in the City of Dubuque, Iowa.
1. Submit a sketch of the proposed area to be vacated to the City Engineer's office. j
2. The City Engineer's office will check for sewer and water utilities in the area and
give a preliminary indication of whether the vacating is favorable or unfavorable.
3. If a favorable condition exists, submit the request to vacate in writing to: The
Honorable Mayor and City Council at 50 West 13`h Street, Dubuque, Iowa, with
reasons for the proposed vacating and a sketch of the area to be vacated. The
Council will refer the proposed vacating request to City staff.
4. You must obtain the written consent of the abutting property owners of the
proposed area to be vacated and any others affected by the proposed vacating,
as determined by the City Engineer. (You may want to consider this prior to
submitting the letter to City Council.)
i
5. The City will notify the utility companies of the proposed vacating and inquire of
the need for easements. Petitioner may contact utility companies prior to this
step if they desire. The City may reserve an easement for any existing or
proposed public or private utilities located within the proposed vacate area. This
easement would preclude the placement of a building on the vacated right-of-way
in order to allow for maintenance and construction of said utilities.
i
6. The City may have an appraisal prepared for the property to determine the fair
market value, or use an assessed value of adjacent land based on a price per
square foot. The minimum purchase price is $300 to cover the cost of
coordinating and processing the request through City Council. (You may obtain
an independent appraisal at your expense, if you desire.) In addition, you would
be responsible for paying publication and filing fees of $100 associated with the
vacating process.
7. A plat of survey must be prepared at your expense by a Licensed Land Surveyor.
This will show the boundaries of the proposed vacating and assign a legal
description to the property. The plat should show the division of the right-of-way
if It is to be split between other abutting property owners.
8. Upon receipt of the plat of survey of the area proposed to be vacated, the
request will be taken to the City Council to be set for a public hearing and formal
approval.
9. After the public hearing approval by the City Council and receipt of the purchase
price and publication of filing fees, the City will execute a Quit Claim Deed for the
vacated property and record the deed.
10. You can pick up the recorded Quit Claim Deed after it has been returned to the
City Clerk's office at 50 W. 13`h Street from the County Recorder.
10:13:08
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