Vacate Petition for a Portion of Kerper Blvd. Right-of-Way_Giese Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Vacate Petition for a Portion of Kerper Blvd. Right-of-Way
SUMMARY: Proof of publication on notice of public hearing to approve
the vacation of a portion of Kerper Boulevard right-of-way
north of the intersection of Fengler Street and Kerper
Boulevard adjacent to Lot 1 of Block 19 of River Front
Subdivision No. 3 owned by Giese Company, and the City
Manager recommending approval.
RESOLUTION Disposing of City Interest in Lot 1 C of Block
19 of River Front Subdivision No. 3, in the City of Dubuque,
Iowa
RESOLUTION Vacating a portion of Kerper Boulevard
Adjacent to Lot 1 Block 19 of River Front Subdivision No. 3,
to be known as Lot 1 C of Block 19 of River Front
Subdivision No. 3, in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Vacating Petition/Kerper Blvd Right of Way-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Disposing of City Interest Resolutions
Resolution Vacating Resolutions
Recorded Vacate Plat Supporting Documentation
Offer to Buy Supporting Documentation
THE CITY OF Dubuque
DUB TEMWinrkaCky
1111.
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/Kerper Boulevard Right-of-Way
(Giese Company LLP)
DATE: January 10, 2017
Recently, the City of Dubuque and Giese Company, LLP entered into an agreement
whereby the City would acquire a portion of Lot 1 of Block 19 in River Front Subdivision
No. 3 owned by Giese Company in exchange for the vacation of a portion of excess
right-of-way of Kerper Boulevard.
City Engineer Gus Psihoyos recommends the City Council approve the vacation of a
portion of Kerper Boulevard right-of-way north of the intersection of Fengler Street and
Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CD!Uj-BQTE
F DUB I I-Am aI
tt III n
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer .
SUBJECT: Vacating Petition/Kerper Boulevard Right of Way
(Giese Company LLP)
DATE: January 5, 2017
INTRODUCTION
This is in response to a request from Giese Company LLP for the vacating of a portion
of the Kerper Boulevard Right of Way north of the intersection of Fengler Street and
Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3, being
the Giese Company LLP property at 2125 Kerper Boulevard.
BACKGROUND
Recently, the City of Dubuque and Giese Company, LLP entered into an agreement
whereby the City would acquire a portion of Lot 1 of Block 19 in River Front Subdivision
No. 3 owned by Giese Company LLP (Giese) in exchange for the vacation of a portion
of excess right of way of Kerper Boulevard. As part of that agreement, the City is
responsible for the surveying and platting of the proposed division of the Giese property
and of the proposed right of way area to be vacated. As part of the Kerper Boulevard
Sanitary Sewer Repair Project, the City is planning to install a sanitary sewer lift station
on property owned by Giese at the intersection of Fengler St. and Kerper Boulevard.
Giese will retain an easement over a portion of the dedicated property in order for them
to continue to use the parking lot area for vehicle maneuvering.
DISCUSSION
In accordance with the Offer to Buy Real Estate and Acceptance with Giese, the Kerper
Boulevard right of way area to be vacated to Giese needs to be platted. The platting of
the right of way area has been coordinated with the owners of the property.
The City of Dubuque Engineering Department has prepared the attached vacation plat.
The area being platted will be vacated to Giese for site circulation and parking.
RECOMMENDATION
I am recommending the vacating and disposal of Lot 1C of Block 19 of River Front
Subdivision No. 3, in the City of Dubuque, Iowa.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and that the vacating
and disposal of Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of
Dubuque, Iowa be approved through the adoption of the enclosed resolutions.
Prepared by Nate Kieffer, PLS
2
Prepared by: Nate Kieffer. City of Dubuque, 50 W. 13th Street. Dubuaue. Iowa (563) 589-4270
Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 28-17
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1C OF BLOCK 19 OF
RIVER FRONT SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 6th day of January, 2017, the City
Council of the City of Dubuque, Iowa met on the 17th day of January, 2017, at
6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for
the sale of real estate described as:
Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of
Dubuque, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as
Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of Dubuque, Iowa,
to Giese Company LLP be and the same is hereby approved, subject to the
conditions of an Agreement between the City and Giese Company LLP.
Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to
deliver said deed of conveyance to Giese Company LLP.
Section 3. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 17th day 9January, 2017.
Attest:
Kevin S.(F'irnstahl, C C, ity Clerk
Kevin J. Lynch, Mayor'?=Tem
Prepared bv:
Return to:
Nate Kieffer, City of Dubuque. 50 W. 13th Street. Dubuque, IA 52001 (563)589-4270
Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 29-17
RESOLUTION VACATING A PORTION OF KERPER BOULEVARD
ADJACENT TO LOT 1 OF BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3,
TO BE KNOWN AS LOT 1C OF BLOCK 19 OF RIVER FRONT SUBDIVISION
NO. 3, IN THE CITY OF DUBUQUE, IOWA
Whereas, Giese Company LLP has requested the vacating of a portion of
Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3
in the City of Dubuque, Dubuque County, Iowa; and
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated December 16, 2016 prepared by the City of
Dubuque Engineering Department, describing the proposed vacated street right
of way, in the City of Dubuque, Iowa; and
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 6th day of January, 2017, the City
Council of the City of Dubuque, Iowa met on the 17th day of January, 2017, at
6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to
vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined
that the proposed vacated portion of the Kerper Boulevard Right of Way to be
known as Lot 10 of Block 19 of River Front Subdivision No. 3, should be
approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 1C of Block 19 of River
Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, be and
the same is hereby vacated.
Passed, approved and adopted this 17th day of January, 2017.
Kevin J. Lynch; Mayor Pro -Tem
Attest:
Kevir . Firnstahl, CMC, City Clerk
Reserved for Recorder
Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270
Dubuque
AI -America Citi
2007
=CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By: RNK I Approved By: RNK I Date: 12-16-2016
LOT 1C OF BLOCK 19 RIVER FRONT SUB. NO. 3
DWG Location: F: NKieffenCAD Drawings\Kerper Blvd and Kerper Ct Sanity,
EasementslKerper Sanitary Sewer giese swap Super vacate 12162016.dwg
C.I.P. Number: 1 Sheet Number:
0 25' 50' 100'
SCALE 1" = 50' FEET /
LOT 2
GIESE SUB.
PER INST. #
Doc ID: 008576420007 Type: GEN
Kind: SURVEY PLAT
Recorded: 01/06/2017 at 02:00:52 PM
Fee Amt: $37.00 Page I of 7
Dubuque Countv Iowa
John Murphy Recorder
File2017-00000335
2012-1419
1 of
FOUND " IRON ROD
W/YELLOW CAP NO. 11306
PLAT OF SURVEY (R.O.W. VACATION) OF
LOT 1C OF BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3,
IN THE CITY OF DUBUQUE, IA
COMPRISED OF:
BEING A RIGHT OF WAY VACATION OF PART OF KERPER BOULEVARD LYING EASTERLY OF AND
ADJACENT TO LOT 1 OF BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3,
IN THE CITY OF DUBUQUE, IOWA
LOT 1-2 BLOCK 19
RIVER FRONT SUB.
NO. 3 PER INST. #
37'ao. X2 2007-9270
`'‘9o9°-9(9'
LOT 1 BLOCK 19
RIVER FRONT SUB.
NO. 3 PER PLAT
BOOK 30 PAGE 399 ARC L=92.74'
R=1031.59' (1031.59')
CHORD S10° 49' 50"W 92.71'
CENTRAL ANGLE 05° 09' 03"
ASSUMED BEARING
`SS9° • FOR THE PURPOSES
3 ,
S',5: 00F 3i OF THIS SURVEY
7 30° . 33 82J 29S8o,
IFN
R s•
T/
I hereby certify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal supervision and that I am a duly licensed Land
Surveyor under the laws of the State of Iowa.
For the City of Dubuque
"7.0" . /2 /6-201(
Russell N. Kieffer Iowa Lic. No. 18128 Date
My license renewal date is December 31, 2018
Pages or sheets covered by this seal: PAGES 1 AND 2 ONLY
POINT OF
BEGINNING
LOT 1C
r
PUBLIC UTILITY EASEMENT
OVER ENTIRETY OF LOT 1C
PER THIS PLAT
LOT 1BOFBLOCK 19,—
RIVER FRONT SUB. NO. 3
560° 07' 12"E 26.06'
N29° 52' 48"E
36.40'
N59° 31' 30"W 36.02'
ARC L=7.66'
R=136.95' (136.95')
CHORD N60° 07' 50"W 7.66' (8.11')
CENTRAL ANGLE 3° 12' 17"
NOTES:
\-- ARC L=40.78'
R=1031.59' (1031.59')
CHORD SO4° 16' 17"W 40.77'
CENTRAL ANGLE 2° 15' 54"
LOT 1A BLOCK 19
RIVER FRONT SUB. It /
NO. 3 PER INST. # EV 2007-9270 /
Q. i
S73° 17' 26"E 11.02'
S73° 17' 26"E 20.00' CO /
Q
AiCHORD S11° 54' 57"W 51.39' ,f
CENTRAL ANGLE 05° 55' 51" /
G60 52' 18"E 13.15' f
LOT 1C OF BLOCK 19, '
RIVER FRONT SUB. NO. 3
'
1,299 SQ. FT. (0.030 ACRES) f
t
FOUND MAG NAIL
ARC L=51.40'
R=1004.82'
S27° 22' 41"W 40.70'
N64° 01' 40"W 11.28'
•
0
ARC L=51.34'
R=1031.59' (1031.59')
CHORD N06° 49' 46"E 51.33'
CENTRAL ANGLE 02° 51' 05"
FOUND? IRON ROD
W/YELLOW CAP NO. 18128
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
2. PROPRIETOR OF ABOVE DESCRIBED LOT: CITY OF DUBUQUE
3. SURVEY REQUESTED BY: GIESE COMPANY, LLP
4. TOTAL AREA OF PERIMETER SURVEYED IS 1,299 SQUARE FEET
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
6. DATE OF SURVEY: 12-14-2016
NOTE:
THIS SURVEY IS LOCATED IN THE
SW 1/4 SECTION 18, T89N, R3E
(JULIEN TOWNSHIP)
OF THE 5TH P.M., IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
FOUND IRON ROD/PIPE AS SHOWN
SET 5/8" REBAR WITH YELLOW
PLASTIC CAP #18128
R.O.W. RIGHT OF WAY
(100.00') RECORDED DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE (EXISTING)
0 SET MAG NAIL
® FOUND MAG NAIL
SURVEYOR'S CERTIFICATE
I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the
following real estate was survey and platted by me or under my direct personal supervision, To Wit;
Lot 1C of Block 19, River Front Subdivision No. 3, in the City of Dubuque, Iowa, being a R.O.W.
vacation of part of Kerper Boulevard lying easterly of and adjacent to Lot 1 of Block 19, River Front
Subdivision No. 3, in the City of Dubuque, Iowa, more particularly described as follows:
:J
Lot 1C of Block 19, River Front Subdivision No. 3
Beginning at the Northeasterly corner of Lot 1 of Block 19 of River Front Subdivision No. 3 in the City of
Dubuque, Iowa;
Thence South 73 Degrees 17 Minutes 26 Seconds East along the Southerly line of Lot 1A of Block 19
of River Front Subdivision No. 3 a distance of 11.02 feet;
Thence Southwesterly along a circular curve concave to the East, having a radius of 1004.82 feet, a
chord of 51.39 feet which bears South 11 Degrees 54 Minutes 57 Seconds West, an arc length of 51.40
feet;
Thence South 60 Degrees 52 Minutes 18 Seconds East a distance of 13.15 feet;
Thence South 27 Degrees 22 Minutes 41 Seconds West a distance of 40.70 feet;
Thence North 64 Degrees 01 Minutes 40 Seconds West a distance of 11.28 feet to a point on the
Easterly line of said Lot 1, also being the Westerly Right of Way line of Kerper Boulevard;
Thence Northeasterly along said Easterly lot line and Westerly Right of Way line, being a circular curve
concave to the East, having a radius of 1031.59 feet,.a chord of 92.71 feet which bears North 10
Degrees 49 Minutes 50 Seconds East, an arc length of 92.74 feet to the point of beginning, containing
1,299 square feet, more or less, and is subject to easements, reservations, restrictions and rights of
way of record and not of record.
The above described parcel shall hereinafter be known as Lot 1C of Block 19, River Front
Subdivision No. 3, City of Dubuque, County of Dubuque, Iowa.
The above described lot(s)were surveyed and platted for right-of-way purposes, the plat of which is
attached hereto and made a part of this certificate. All monuments were placed or shall be placed within
one year from the date this plat is recorded.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me, or under my direct personal supervision, and that I am a duly licensed Professional
Land Surveyor under the laws of the State of Iowa.
Date
Russell N. Kieffer, P.L.S. No. 18128
�•�.• •sG� My license renewal date is Dec. 31, 2018
L
RUSSELL N. Pages on sheets covered by this seal: this sheet only
o: :-c
�;. KlEFFI
18128
•+•��••.....••''• 2
1OWA
OWNER'S CONSENT
2017
Dubuque, Iowa January 3 , 20MII
The foregoing Plat of Survey (R.O.W. Vacation) of: Lot 1C of Block 19, River Front Subdivision No. 3,
City of Dubuque, County 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. We hereby reserve a public utility
easement over the entirety of said Lot 1C.
City of Dubuque
By: i
Roy D. Buol, Mayor
By:
Trish L . Gleason Kevin c FO G-tahl Glerk
Assistant City Clerk
UNIVERSAL NOTARY CERTIFICATE
STATE OF CAPACITY CLAIMED BY SIGNER
COUNTY OF t ) _INDIVIDUAL
RPORAT/E' OFFICER(S)
Q 11 1 (Title)
On this day of , 2017, before me,
the undersigned, a N tary Pub in d for said State, (CORP SEAL)
personally appeared �!� 5 U(- l6bn to me AFFIXED
personally known, OR _ proved to me on the basis of NO SEAL PROCURED
satisfactory evidence to be the person(s) whose name(s) is/are _PARTNER(S)_LIMITED_GENERAL
subscribed to the within instrument and acknowledged to me ATTORNEY-IN-FACT
that he/she/they executed the same in his/her/their authorized _TRUSTEE(S)
capacity(ies), and that by his/her/their signature(s) on the _GUARDIAN/CONSERVATOR
instrument the person(s)acted;execut t instrvnt. —OTHER
(Notary Seal) -�
gip' AF .PAMELA J. WCARRO 9n in blue ink) SIGNER IS REPRESENTING
Commission Number 772419 11
o My Comm.Exp. C&r vv n
nUtype name)
Notary Public in and for State of Iowa
y -A-
6.1 V, t
3
PLANNING SERVICES
Dubuque, Iowa ✓ ' 2017
The foregoing Plat of Survey (R.O.W. Vacation) Lot 1C of Block 19, River Front Subdivision No. 3, City
of Dubuque, County of Dubuque, Iowa, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as
defined under Section 354 of the Code of Iowa, 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. 11_3 OU;6kln
Laura Carstens, City Planner
Planning Services Division
City of Dubuque, Iowa
CITY OF DUBUQUE, IOWA
Dubuque, Iowa January 3 , 2017
* The undersigned, Roy D. Buol, Mayor, and of the City of Dubuque, Iowa, do hereby
certify that the foregoing Plat of Survey (R.O.W. Vacation) of Lot 1CB of Block 19, River Front
Subdivision No. 3, City of Dubuque, County of Dubuque, Iowa, as appears heretofore has been filed on
3rd day of January , 2017 as Resolution # 5-17 in the
office of the City Clerk of Dubuque, Iowa and that the City Council of the City of buque, low approves
said plat. _n
* Trish L . Gleason, Assistant City Clerk
Mayor e City of Dubuque, IA
c.i
Asst. Clerk of the City of Dubuque, IA
COUNTY AUDITOR
Dubuque, Iowa �o, 1A 2`017
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 1C of Block 19,.1044 1 o6�t $ubdivisid� No.-'3,';
City of Dubuque, County of Dubuque, Iowa was entered of record 1n tte of tk `i?ubuque, ounty
Auditor this b of , 2017. We approve the,subdi4w,Qa4'6�?t`(4e 411 over hexeon ».
to be recorded. U
s
r'i ' '•.D r�sikM. Dolan
^, }}1� [� Se CoVnty Auditor,,.
K rr
4
CITY ASSESSOR
Dubuque, Iowa Ct-(((.G � , 2017
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 1C of Block 19, River Front Subdivision No. 3,
City of Dubuque, Count of Dubuque, Iowa was entered of record in the office of the Dubuque County
Assessor this�of u , 2017.0 gezv /�
C,� 404.0
Richard A. Engel en
Dubuque City Assessor
RECORDER'S CERTIFICATE
Dubuque, Iowa V" U*'— , 2017
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 1C of Block 19, River Front Subdivision No. 3,
City of Dubuque, County of Dubuque, Iowa has been reviewed by the Dubuque County Recorder.
John urphy
Recorder of D.ubUjue County
t
a b
5
Prepared by: Nate Kieffer,City of Dubuque,50 W.131h Street,Dubuque,IA 52001 (563)589-4270
Return to: Nate Kieffer,City of Dubuque,50 W.131h Street,Dubuque,IA 52001 (563)589-4270
RESOLUTION NO. 5-17
RESOLUTION APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF A
PORTION OF KERPER BOULEVARD ADJACENT TO LOT 1 OF BLOCK 19 OF
RIVER FRONT SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated December 16, 2016 prepared by the City of Dubuque Engineering
Department, showing the vacated portion of Kerper Boulevard adjacent to Lot 1 of Block
19 of River Front Subdivision No. 3 and assigned lot numbers thereto, to be known as
Lot 1 C of Block 19 of River Front Subdivision No. 3, 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 December 16, 2016 prepared by the City of
Dubuque Engineering Department, 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 3rd day of January, 2017.
y D. Buol, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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. 5-17 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 4t" day of January, 2017.
a r,
Trish L. Gleason, Assistant City Clerk
AU A
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: The City of Dubuque, Iowa, Seller:
SECTION 1. REAL ESTATE DESCRIPTION. Giese Company, LLP (Buyer) offers to
buy all of Sellers' right, title and interest in and to the real estate in Dubuque County, Iowa,
described as follows:
A portion of excess right-of-way at Fengler Street and Kerper Boulevard, located
north of the intersection of Fengler Street and Kerper Boulevard in the City of
Dubuque, Iowa, as shown on the attached Exhibit A (the Real Estate), amounting
to approximately 1,268 square feet in size. Exhibit A attached hereto and by this
reference is made a part hereof,
Together 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.
SECTION 2. PRICE. The purchase price of$1.00 shall be paid at closing.
SECTION 3. REAL ESTATE TAXES. Seller must pay any unpaid real estate taxes
payable in prior years. Buyer must pay all subsequent real estate taxes. Real estate taxes
on Area 1 for the current fiscal year will be prorated to the date of possession.
SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of will
be delivered to Buyer on January 10, 2017, 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. RISK OF LOSS AND INSURANCE. All risk of loss shall remain with
Seller until possession of the Real Estate shall be delivered to Buyer.
SECTION 6. DEED. Upon payment of the purchase price, Seller will convey the Real
Estate to Buyer by Quit Claim Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in this Agreement.
SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract.
SECTION 8. REMEDIES OF THE PARTIES. If either party fails to timely perform this
Contract, Buyer and Seller 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. I
SECTION 9. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract
applies to and is binding upon the successors in interest of the parties.
SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or
before December 9, 2016 it is will be void and all payments must be repaid to the Seller.
SECTION 11. OTHER PROVISIONS.
11.1. Vacating Responsibilities. Seller will take the necessary actions required by law to
vacate the portion of Kerper Boulevard Right of Way shown on Exhibit A. Seller must
comply with all vacating requirements described in Exhibit B attached hereto and by this
reference made a part hereof. Seller will be responsible for all surveying and platting
costs associated with the vacation of the Right of Way. Seller will be responsible for
associated fees, including publication and recording fees, incurred to vacate said portion
of Kerper Boulevard.
11.2. Right of Way Dedication. Buyer agrees to dedicate the area shown on Exhibit C to
the public forever as public right of way for street and utility purposes. Seller will be
responsible for all surveying and platting, publication and recording fees associated with
the dedication of right of way. Buyer agrees to execute and consent to said plat of right
of way dedication.
11.3 Easements. Seller shall grant Buyer a non-exclusive ingress and egress easement
over a portion of the area shown on Exhibit C for a vehicle maneuvering area. Buyer shall
be responsible for all pavement maintenance within said easement over the area shown
on Exhibit C.
11.4. Environmental Provisions. Seller 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 caused by Buyer or
occurring after the closing.
11.5. Notices. The following must be used for purposes of providing written notice
pursuant to this Contract.
City of Dubuque
City Manager
50 West 13th Street
Dubuque, IA 52001
Giese Company, LLP
2125 Kerper Boulevard
Dubuque, IA 52001
2
11.6. Buyer may not sell or assign this Contract unless the purchaser or assignee
acknowledges the obligations of this Section 11 in writing and agrees to be bound
thereby.
11.7. The covenants in this Section will survive the Closing.
11.8. Care and Maintenance. The Real Estate shall be preserved in its present
condition and delivered intact at the time possession is delivered to Buyer.
11.9 Abstract and Title. Seller, at its expense, shall promptly obtain an abstract of title
to the Real Estate continued through the date of acceptance of this offer, and deliver it
to Buyer for examination. It shall show merchantable title in Seller in conformity with this
agreement, Iowa law and Title Standards of the Iowa State Bar Association. The
abstract shall become the property of Buyer when the purchase price is paid in full.
Seller shall pay the costs of any additional abstracting and title work due to any act or
omission of Seller.
11.10.This Contract is subject to final approval by the City Council.
THIS OFFER IS ACCEPTED
Dated: C Dated:
CITY OF DUBUQUE, IOWA, SELLER GIESE COMPANY, LLP, BUYER
By By 2 IJ AI .'.
Micha I C. Van Milligen "'Thomas W. Giese
City Manager Partner
3
EXHIBIT A
Kerper Blvd. Right-Of-Way
In the City of Dubuque
Dubuque,County, IA.
OWNER: CITY OF DUBUQUE
10
EXISTING PROPERTY LINE
77 v9 Q1
jd
Uj
1,268.18 SF
-Z
Nolfflt'
1 11-
0 10, 20' 40'
SCALE 1" =20' FEET
Dubuque CITY OF DUBUQUE
R.O.W. =RIGHT OF WAY ENGINEERING DEPARTMENT
crry HALL, 50 WE'-ST 13th STREET
000.00'=DIMENSION A I-America City DUBUQUE,1A 52001-4864
, RHONE I I I , PHONE _(563)589-1270 FAX (563)589-4205
EXISTING PROPERTY LINF D'a"f3y NW 02 D"IC
EXHIBIT A
PROPERTY LINE 2125 Kerper Blvd.
2007RILCI
-- ,ht-OTf-vwvay.Dedic;ation
1 7102663 1 S10_0T_Nwmw
EXHIBIT B
VACATING PROCEDURE
CITY OF DUBUQUE
VACATING PROCEDURE
The following PW.1--dUre is used in the process of vacating an area of pub5c right-of-wiy
(streets or alleys)in the City of Dubuque,Iowa.
1- Submit a sketch of the pro-posed area to be vacated to the City Engineer's Office.
2. Th*City-Enginees 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 f-3CjLIe:St to vicate 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 vacifing request to City Staff.
4- You must obtain the written consent of the abutting pfoperty 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 all easement for any existing of
proposed public or private LltifitieS located within the proposed vacate area. This
easement would preclude the placement of a building on the vicated right-or-way
in order to allow for maintenance and construction of said utilities,
6- The City mav have all appraisal prepared for the property to determine the fair
market V31LIe, Or LISP, in assessed value of adjacent land based oil a price per
square foot, The mininium 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, vou 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 1 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 oflier abutting property o,,vners.
8. Upon receipt of the plat of survey of the area proposed to be vacated, the
request,M11 be taken to the Citj Council to be set for a public hearing and fonnal
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 C111ni Deed for the
vacated propertv and record the deed.
10. You call pick Lip the recorded Quit Claim Deed after it has been returned to the
City C:lerk's office at 50 W 13"Street frons the Uounty Recorder.
1013:08
9
EXHIBIT C
LOT 1 BLK 19 RIVER FRONT BUB NO 3
In the City of Dubuque
Dubuque,County, IA.
OWNER: GIESE CO LLP
1
f
LU
to
f�
f9
,�► Ix
w
A
\ARp 41
m
X3119
w
sr
NoVill I
0 10' 20' 40'
SCALE 1" = 20' FEET
R.O.W.=RIGHT OF WAY Dubuque C I" 'Y OF D LJ B LJ Q LJ 11
000.00'-DIMENSION ENGINEERING DEPARTMENT
Lil l V l I^I.I �0 Wi Sl- 1;iilr.;'I 10:.E-1
® — =EXISTING PROPERTY LINE AI-America Ity Lrinellrxlr_ IA .2001 IIIA
r noru:
Inn")�'Al + ru 1-^x a 11:.L:e 4205
IIIIQ IIIIII =PROPERTY LINE t _ _.. wr f�rnn 9r Appprp y- j1.sb
EXHIBIT C
s INGRESS AND EGRESS EASEMENT 2125 Kerpcar Blvd.
2007vacatinq Exccnss Right-of-Way
l�o w 7102663 1 9r4tvnwr 2 d 1_
Crenna M. Brumwell, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 589-4381 office
(563)583-1040 fax
cbrumwel(ctcityofdubuque.org
Giese Company, LLP
Attn: Tom Giese, Partner
2125 Kerper Boulevard
Dubuque, IA 52001
RE: Kerper Boulevard Right -Of -Way
Dear Mr. Giese:
Dubuque
krfriti
All -America City
11 11 1'
2007 • 2012 • 2013
April 5, 2017
THE CTTY OF
DUB
Masterpiece on the Mississippi
Enclosed for your file are the original Quit Claim Deed and Groundwater Hazard
Statement, recorded March 29, 2017. I will retain a copy in my file.
Thank you for your assistance regarding this matter.
CMB:tls
Enclosure
cc: Kevin S. Firnstahl, City Clerk
enna M.
City Attorney
F:\Users\cbrumwel\Engineering\Giese_RecordedKerperQuitClaim Deed&GroundwaterHazard_04051 7.doc
11111
111111
11
1111
111
11
1101
II
Doc ID: 008611760002 Type: GWH
Kind: GROUNDWATER HAZARD
Recorded: 03/29/2017 at 12:51:07 PM
Fee Amt: $0.00 Page 1 of 2
Dubuque County Iowa
John Murphy Recorder
Fi1e201 / —00000405
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name City of Dubuque, Iowa
Address 50 West 13th Street, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name Giese Co., LLP
Address 2125 Kerper Boulevard, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
Kerper Boulevard Right -of -Way, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) Lot 1C of Block 19 of River Front Subdivision No.
3, in the City of Dubuque, Iowa
1. Wells (check one)
X There are no known wells situated on this property.
There is a well or wells situated on this property. The type(s), location(s) and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
X There is no known solid waste disposal site on this property.
_ There is a solid waste disposal site on this property and information related thereto is provided
in Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
X There is no known hazardous waste on this property.
_ There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
X There are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
'20 l - 595-1
5. Private Burial Site (check one)
X There are no known private burial sites on this property.
_ There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
X AH buildings on this property are served by a public or semi-public sewage disposal system.
_ This transaction does not involve the transfer of any building which has or is required by law to
have a sewage disposal system.
There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
_ There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
_ There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #9]
This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption [Note: for exemption #9 use prior check box]:
The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature:
ci
ranSf6ror or Agent)
Telephone No.: (563) 589-4381
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
iuu111111ii111iiiuii11111uuutWii1111111n
Doc ID 008611750004 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 03/29/2017 at 12:50:56 PM
Fee Amt: $27.00 Page 1 of 4
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
File2017-00003457
2.sTAi. QUIT CLAIM DEED
i a Return to: Giese Co., LLP, 2125 Kerper Boulevard, Dubuque, IA 52001
. r.
yrr �J Preparers Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381
�" V` Taxpayer: Giese Co., LLP, 2125 Kerper Boulevard, Dubuque, IA 52001
For the consideration of One Dollar(s) and other valuable
consideration, City of Dubuque, Iowa
do hereby
Quit Claim to Giese Co., LLP
all our right, title, interest,
estate, claim and demand in the following described real estate in Dubuque County, Iowa:
Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of Dubuque, Iowa
This deed is exempt according to Iowa Code 428A.2(6).
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive
share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be
construed as in the singular or plural number, and as masculine or feminine gender, according to the
context. 3
Dated: cP
City of Dubuque, Iowa (Grantor) (Grantor)
C,reAn ,$ nxM �11
(Grantor) (Grantor)
(Grantor) (Grantor)
STATE OF IOWA , COUNTY OF DUBUQUE
This record was acknowledged before me on (Alvah . tor!
Crenna t i&u witt
,•u'+ I JENNIFER M. ORIFFIN
Commlaalon T 4
My COMM. Exp. 1
I l
C The Iowa State Bar. Association 2016
•
, by
Si: ature o Notary Ptistv•:.
Form No. 106, Quit Claim Deed
lowaDocs® Revised May 2016
D
5
Prepared by: Nate Kieffer. City of Dubuque. 50 W. 13th Street. Dubuque. Iowa (5631589-4270
Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 28-17
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1C OF BLOCK 19 OF
RIVER FRONT SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 6th day of January, 2017, the City
Council of the City of Dubuque, Iowa met on the 17th day of January, 2017, at
6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for
the sale of real estate described as:
Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of
Dubuque, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as
Lot 10 of Block 19 of River Front Subdivision No. 3, in the City of Dubuque, Iowa,
to Giese Company LLP be and the same is hereby approved, subject to the
conditions of an Agreement between the City and Giese Company LLP.
Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to
deliver said deed of conveyance to Giese Company LLP.
Section 3. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 17th day anuary, 2017.
Kevin J. Lyncr, Mayor4'r0=Tem
Attest:
e
Kevin S. -irnstahl, CMC, ity Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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. 28-17 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 29th day of March, 2017.
e
..F c/
i
(SEAL)
•
o
Trish L. Gleason, Assistant City Clerk
THE CITY OF
DUBE MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL
CITY ATTORNEY
To: Nate Kieffer
Surveyor
DATE: April 5, 2017
RE: Kerper Boulevard Right -Of -Way
Nate:
Attached is the original Dubuque County Recorder Official Receipt/Invoice 2017-
00002410 for $27.00 for the recording of the Quit Claim Deed and Groundwater Hazard
Statement regarding the above -referenced matter. I would appreciate it if you would
please process this invoice and forward it to the Finance Department for payment.
Thank you.
CMB:tls
Attachment
cc: Kevin S. Firnstahl, City Clerk
F:\Users\cbrumwel\Engineering\Kieffer_DubCoRecorderInvoice_KerperBlvdROW_040517.doc
moo - 0000 +-i00 t:cCs`o0 ..0 O O 0:0 0 G i0 o S
=
4 b} "I3 U3 ^-; EA- &'# E9 i t -F3 EF3 E6, -
ca: =t K3 C-4 �, {f}
Vii- Q ; Q i -ea-
""!--3-
3•
:0
I
tiF•.L:•1
C
o70 0 -LU
LJL _,n
¢Ln ^ a ▪ u� rjLL,,(3—��E— 1 =Z
= 0 N tr `— LL1 • N G L1i L X `K - • - Z
N \ ;1...L1 cli�• •_] ,.- Q X itl ; Q ?C (Ni Q
QJ Lni= �--a f"' f- f- LL: : f- Q T - Q ap
c......4 2 L "3 Cis: _r., G F-"` - i E..:_: L :G ' W W
- .- ! Z ^. C.L. C ^ Q _ - - Li_ L:i Z LL i.Li ▪ `�.
.-. V 13 ? `- C' ` 11 l Li, - 'Ri n n i— C !cc LLJ Z Cr)E i Z yl LCA 3 } 0 ;1-1.1 J
C- +) j - d- ',y_ f f_. Z :¢ cL Z i= :-S Z O C !--4 _ F- G) Q)
r- ,� ,-1--. C is1" ¢ Z U tQ :
'� G.: 0 r_ ;� G L:.: U) i � I-1-1 i ;_ Cr.-- :1_ f- C: LL: if) 14- ' - -
LLl Cr.., s--" ;: CI) CC r- Z f- .- C LU CO -i.+ i Cj ICJ - N
- 03 `9.. ?);,J i L:1 G;0 LJ. LLi c >- C >- 0 CC C w =1-!..1 U f---
C.)
N� Q ,--+ G+;Y '-- f- Lit C3 (1)jt- Lid O �C c3 r-+ �! ICi
U �. �I'= G_ = C.0 O!C7 S _1 1--t Z i- + Q)jZ f-- 0 , = 0 G!_1 i - S)
�i[� 3 CQ -- U!CJ C-1 Q ca= Q Z X1= - 7 m •• U•Q G cn
'i Q C4lr- Q G UIW W W = C7 O c- icj i- - 3 - - UIW j - 0 i
y �,; G:0 Q II `--• <C. Cr f-- CC Q U Cf Z F -1U co GU C 1 f- -<C! •-1-. 0_ e[)
1
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: January 06, 2017, and for which the charge is $50.34.
Subscribed to before m-, otary Public in and for Dubuque County, Iowa,
this day of
,20��.
Notary Public in and for Dubuque County, Iowa.
COmmbsion I•a nb+
SION NO. 3, TO BE
KNOWN AS LOT 1C
OF BLOCK 19 OF RIV-'
ERFRONT SUBDIVI-
SION NO. 3, IN ,THE
CITY OF DUBUQUE,
IOWA BY SALE TO
CxIESE COMPANYJ.LP
Whereas, Giese Com-
-,-pany LLP has request -i
ed the vacating and
purchase of the portion
of the Right of Way of
Kerper Boulevard adja-
cent to Lot 1 of Block
19 of River Front Subdi-
CITY OF DUBUQUE, vision No. 3; and
IOWA Whereas, the City of
OFFICIAL' NOTICE Dubuque Engineering
%PUBLIC NOTICE is Department has pre -
hereby given that the pared and submitted to
City Council of the City the City Council a plat
of Dubuque, Jowa, will showingthe: proposed
hold a public hearing vacated Right of Way
on the 17th day of Jan- of ` Kerper Boulevard
uary, 2017 at 6:00 p.m. adjacent to Lot 1 O
in the Historic Federal Block 19 of River Frontl
Building, 350 West 6th Subdivision " No. 3, in
Street, second floor, the City of Dubuque,
Dubuque, Iowa, at Iowa and assigned lot
which meeting the City numbers thereto,
Council proposes to which hereinafter shall
dispose, of an interest be known and descri-
in the following descri- bed 'as Lot 1C of Block
bed real property by 19 of River Front Subdi-
sale to Giese'Company, vision No. 3, In the City
LLP: of Dubuque, Iowa.
a,portion of;the right ' NOW THEREFORE, BE
of way ofKerper Boule- IT RESOLVED BY THE
yard adjacent to Lot 1 CITY COUNCIL OF THE
of- Block 19 of River CITY OF DUBUQUE, 10 -
Front Subdivision No. 3, WA:
in the City of Dubuque, Section 1. That the
Iowa and assigned lot City of Dubuque in -
numbers thereto, tends to vacate and
which hereinafter shall dispose' of its interest "
be known and descri- =in Lot 1C of Block 19 of
bed as Lot 1C of Block River Front Subdivision;
19 of River Front Subdi- No. 3, in the City of Du -
vision No. 3, in"the City "buque, Iowa by sale to
of Dubuque, Iowa. Giese Company LLP
At, the- meeting; the upon the terms and
City""+Council will 're- conditions'. of , the
ceive oral -,and ,written. Agreement ,'between
comments; from any :,the _,City of Dubuque,
resident or property. Iowa, and Giese Com -
owner of said, City to, pany,;:.LLP attached
i the above action: Writ -.hereto:,,;
ten comments regard- Section;2. That a pub-
ing'the above public lic hearing on the in -
hearing may be sub- tent to vacate, and,dis-
mitted . to the City pose of Lot 1C of Block
Clerk's Office, City 19 of River Front Subdi-
Hall,' 50 W. 13th Street, vision No. 3 by sale to
on or before said time 'Giese Company LLP is
'" of public hearing. hereby set for the 17th
Copies of supporting day Of January, 2017, at
documents -for -the pub. the " Historic Federal
lic hearings are on file Building, 350 W. 6th
in the City Clerk's Of- Street, Dubuque, Iowa,
fice, and may be beginning at 6:00 p.m.,
viewed during normal, and the City Clerk be
working hours. and is hereby author -
Any visual or hearing ized and directed to
impaired persons cause a notice of pub -
needing special assis- lic hearing on the in-
tance or persons with tent to vacate and dis-
special accessibility pose of said real estate
needs should contact to be published in the '
the City Clerk's Office manner as prescribed
at (563) 589-4100. or bylaw.
TTY 563) 690-6678 ,at Passed, approved and
least 48 hours prior to adopted this 3rd day of
the meeting. January, 2017.
Dated this 6th day of Roy D.Buol, Mayor
December, 2016. Attest: Trish L.
Kevin S. Firnstahl, Gleason,
CMC, City Clerk Assistant City Clerk
RESOLUTION it 1/6
NO. 13-17 fl
RESOLUTION OF IN-
TENT TO VACATE
AND DISPOSE OF
CITY INTEREST IN Aei
PORTION OF THE
RIGHT OF WAY OF
KERPER BOULEVARD
ADJACENT TO LOT 1
OF BLOCK 19 OF RIV-
ER FRONT SUBDIVI-