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Acquisition Plat and Dedication 1065 Jackson St. Right-of-Way_SR Jackson Real Estate, LLC Copyrighted April 3, 2017 City of Dubuque Consent Items # 18. ITEM TITLE: Jackson Street Right-of-Way Acquisition Plat and Dedication SUMMARY: City Manager recommending approval of the Acquisition Plat of City Lot 386A, in the City of Dubuque, and acceptance of the dedication of said lot for right-of-way purposes related to the SR Jackson Real Estate, LLC Warehouse Renovation Project at 1065 Jackson Street. RESOLUTION Approving the Acquisition Plat of City Lot 386A in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Jackson Street Right-of-Way Plat and Dedication-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Plat of Survey Supporting Documentation Vicinity Map Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Jackson Street Right-of-Way Plat and Dedication — SR Jackson Real Estate LLC Warehouse Renovation Project DATE: March 22, 2017 SR Jackson Real Estate LLC is planning to rehabilitate the existing Spahn and Rose warehouse building at 1065 Jackson Street into a commercial development. In this area the adjacent lots owners own to the centerline of the street and the City holds only a right-of-way easement. The City and SR Jackson Real Estate have agreed that SR Jackson Real Estate will dedicate, in fee, the entire west half of the Jackson Street right-of-way along their property frontage to the City and then the City will vacate the west 8' of the right-of-way to SR Jackson Real Estate. The City will retain a sidewalk and public utility easement over a portion of the 8'wide strip to be vacated. The City and SR Jackson Real Estate have agreed to exchange the vacated area for fee title to the area that it currently holds in an easement. City Engineer Gus Psihoyos requests City Council approval of the Acquisition Plat of City Lot 386A, in the City of Dubuque, and acceptance of the dedication of said lot for right-of-way purposes. I concur with the recommendation and respectfully request Mayor and City Council approval. 11a.14^1 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 CITY OF �- Dubuque UU-r-% D E Masterpiece on the Mississippi 2007•2012•2013 TO: Michael C. Van Milligen, City Manag r r; FROM: Gus Psihoyos, City Engineer L' SUBJECT: Jackson Street Right of Way Plat and Dedication — SR Jackson Real Estate LLC Warehouse Renovation Project DATE: March 21, 2017 INTRODUCTION This memo provides information regarding the platting and acceptance of right of way (fee ownership) along Jackson Street between Tenth and Eleventh Street. BACKGROUND SR Jackson Real Estate LLC is planning to rehabilitate the existing Spahn and Rose warehouse building at 1065 Jackson Street into a commercial development. Plans for the rehabilitation include construction of a covered raised deck and access ramp to serve the building. These improvements are located on the City street right of way easement of Jackson Street. City staff is recommending the vacation of the westerly 8' of the Jackson Street right of way in order for the developer to construct the improvements on their own property. DISCUSSION In this area of the original City of Dubuque the adjacent lot owners own to the centerline of the street and the City holds only a right of way easement. The City and SR Jackson Real Estate LLC (SRJRE) have agreed that SRJRE will dedicate, in fee, the entire west half of the Jackson Street right of way along their property frontage to the City and then the City will vacate the west 8' of the right of way to SRJRE. The City will retain a sidewalk and public utility easement over a portion of the 8' wide strip to be vacated. The City and SRJRE have agreed to exchange the vacated area for fee title to the area that it currently holds in an easement. Buesing and Associates, Inc. has prepared an acquisition plat to provide the right of way area. The area being platted will be dedicated to the public for street and utility purposes. This is the first step in the process for the land conveyance and vacation. A public hearing for the street vacation will follow. RECOMMENDATION recommend that the City Council approve the Acquisition Plat of City Lot 386A, in the City of Dubuque, Iowa, by the adoption of the attached resolution. ACTION TO BE TAKEN I respectfully request approval of the Acquisition Plat of City Lot 386A, in the City of Dubuque, Iowa, and acceptance of the dedication of said lot for Right of Way purposes, through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PLS Cc: Bob Schiesl, Assistant City Engineer Jane Smith, Engineering Assistant II 2 AREA MAP d , 5tQhE- DAG IS Masterpiece on the Mississippi QLaQQUEAREA GEQGKAPIICINFER-1—SY-H 1130 1126 / 333 1101 1d128 /� 333 1134 .` 1085 333 1118 1132 1104 msµ` 1,�.�N S� o �• .�,� 1097 WEST HALF OF TO CITY OF 148 DUBUQUE IN FEE 1090 y 1000 WEST 8' OF ROW NA TO SRJRE FOR RAISED DECK CONSTRUCTION 1060 r "� 1069 = 1048 SRJRE PROPERTY 1 55 VIN (SPAHN & ROSE N� WAREHOUSE BLD.) v r y 900, 1037 1029 �168 Dubuque Count*Assessor,City of Dubuque Assessor DISCLAIMER:This Information was compl led (sing the Dubuue qArea Geographic Information System DAGISI,whirl,md,dAs data cFe,ted by both me city of N Map Prepared by: Dubuque and Dubuque county. It Is understood that,while thecity ofDobogoe,nd p,Fticip,ting agA,dzstilsAd the City of Dubuque most—r',t,nd,murateinformation availabls,DAGISand 1 inch = 60 feet Engineering Division Its suppliers do not warrant the,c--yoi-i-i- yofthe Inf—bti n of data contained h,sin.The city and p,Fticip,ting 50 West 13th Street agency shall not be held liable foi-any dlFect,Indirect,Incidental, Dubuque,Iowa 52001 mnsmgnential,punitive,of special damages,whether fu i-Aseebble or "I"Asee,ble,,Fl=ing oot of me S th,F,',d of on,oth,,,,:d ose of 60 30 0 60 Feet Phone:(563)589-4270 this d,t,of me In,bwro to o�this d,t,of oot of,nv bFe,ch of w,FF,nty wh,ts,-A- Fax:(563)589-4205 , Plat of Survey (Dedication) of: City Lot 386A, in the City of Dubuque, Iowa G INDEX LEGEND Location: City Lot 3866 SEI/4 of Section 24, 789N, R2E (Dubuque 'MP) of the 5th P.M., Dubuque County, lowa Requestor: Tom Kelzer - Platinum Realty Proprietor: SR Jackson Real Estate LLC 137 Main St., Dubuque, IA 52001 Surveyor: Terry L Koelker Company: Buesing & Associates INC. 1212 Locust St., Dubuque, IA 52001 Return To: tlkoelker@buesing.com (563) 556-4389 0 k \ / RpYli �6A 11111111111111111111111111111111 Doc ID: 008615810005 Type: GEN Kind SURVEY PLAT Recorded: 04/05/2017 at 11:23:48 AM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy1Recorder File201 1% —00003805 PREPARED BY: BUESING & ASSOCIATES Aj1DRESS: 1212 LOCUST STREET. 0080001, IOWA PHONE: (563) 556-4369 / N 6631'01" E 32.00' ,Sg9 C\S� COS 0.32' Bill HNG ENCROACHMENT ONTO THE N1/2 OF CITY LOT 388 0 \ Z THIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY. 12. LOT 1 OF WILMAC PLACE <P� \ C \ LEGEND 0.14' BUILDING ENCROACHMENT ONTO THE ALLEY O11 .0 • FOUND 5/8' ROD W/RED CAP #12631 (UNLESS OTHERIMSE NOTED) Q FOUND MAGNAIL 8 FOUND CUT X • FOUND 5/8° ROD W/ORANGE CAP 115487 FOUND 5/8" ROD W/YELLOW CAP #10272 O° PLACED MAGNAIL PLACED CUT X O PLACED 5/8"IRON REROD W/ORANGE PLASTIC CAP MARKED 'KOELKER 15487- SURVEYED 548?SURVEYED BOUNDARY LINE PROPERTY UNE CENTER LINE RIGHT OF WAY UNE EXISTING BUILDING FOOTPRINT ( ) RECORD DIMENSION ROW 2: L4 V: TERRY L i< KOELKER e A 3 15487 . NOTE THIS SURVEY IS COMPRISED OF: CITY LOTS 384, 385, 386, 387 & THE S1/2 OF CITY LOT 388, IN THE CITY OF DUBUQUE, IOWA NOTES 0' 30' 60' 120' SCALE: 1" = 60' 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. TOTAL AREA OF PERIMETER SURVEYED IS 0.169 ACRES (7.367 SQUARE FEET). 3. THIS PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF 10 3//©/e TER L (DATE) LICENSE NUMBER 15487 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2017 ME DULY WA. SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 BUESIINNG RRCINEERS AND RURFRFORS 1212 LOCUST 5r, DUBUQUE. 16 (563) 558-4389 DRAWN BY: JCH CHECKED BY: TLK SURVEY DATE: 1/18/17 PLOT DATE: 3/10/17 DWG. NO. 16296-01 SCALE: 1' = 60' SHEET 1 OF 3 Surveyor's Certificate Dubuque, Iowa Sheet 2 of 3 I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: City Lots 384, 385, 386, 387 & the S1/2 of City Lot 388, in the City of Dubuque, Iowa This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as CITY LOT 386A, in the City of Dubuque, Iowa. Total area of CITY LOT 386A is 0.169 acres (7,367 square feet). Lot areas are, more or less, and all Lots are subject to easements, reservations, restrictions, and rights- of-way of record and not of record, the plat of which is attached hereto and made a part of this certificate. BY: Terry L. Koelker Licensed Land Surveyor License No. 15487 Owner's Consent Dubuque, Iowa .3 / i 0 1/ 7 Date License Renewal Date: 12/31/17 "2G ,2017 The foregoing Plat of Survey (Dedication) of: CITY LOT 386A, in the City of Dubuque, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate (City Lot 386A to be dedicated to the City of Dubuque for Right of Way & Public Utilities). SR JACKSON REAL ESTATE LLC Thomas Kelzer, Member SR JA KSON REAL ESTATE LLC State of Iowa ) County of Dubuque ) ss:uc _ On this a� day of J Y 1 O.1 (A'1 , AD 2017, before me the undersigned, A Notary Public in and for the State of Iowa, personally appeared Thomas Kelzer to me personally known, who, being duly sworn did say that said Thomas Kelzer is a Member of SR JACKSON REAL ESTATE LLC, and that said Thomas Kelzer, Member acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. Witness my hand and Notarial Seal on the date above written. ` •. STEPHANIE A. VALENTINE .! Commission Nu er 1714 My Comm. Exp. d -i ,� �LUIF)U' L ta Public in and for the State of Iowa My Commission Expires g /.y l ! g' Citv of Dubuaue Plannina Services Dubuque, Iowa Sheet 3 of 3 .46, -UC `�- , 2017 The foregoing Plat of Survey (Dedication) of: CITY LOT 386A, in the City of Dubuque, Iowa, is hereby approved by City Planner of the City of Dubuque, Iowa, and approval of said plat by the City Council of the City of Dubuque is hereby recommended. Planning Services Deparnt By: City Planner of the City of Dubuque, IA Citv of Dubuque, Iowa Dubuque, Iowa April 3 .2017 The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey (Dedication) of: CITY LOT 386A, in the City of Dubuque, Iowa, to the public for Street Right of Way (ROW), and public utilities, as appears heretofore has been filed on 3rd day of Apr, i 1 , 2017 as resolution # 12 5 -17 in the office of the City Clerk of Dubuque, Iowa and that theity Council of the City of Dubuque, Iowa approves said plat. e City of Dubuque, IA CI • rk of the City of Dubuque, IA Citv Assessor's Certificate Dubuque, Iowa ' .5- , 2017 The foregoing Plat of Survey (Dedication) of: CITY LOT 386A, in the City of Dubuque, Iowa was entered of record in the Office of the County Assessor of the County of Dubuque, Iowa, on the date first written above. Getnity Assessor of Dubu Count)/ Auditor's Certificate e County Dubuque, Iowa . l .A. I 5 , 2017 The foregoing Plat of Survey (Dedication) of: CITY LOT 386A, in the City of Du 6t.tapi,�loww wa .e itered 61 ecord in the Office of the Dubuque County Auditor this 541"" day of An 1 ; :,.4017. . y : We approve of the subdivision name or title to be recorded. - ;Auditor of ubuque, !Owe Recorder's Certificate Dubuque, Iowa , 2017 s`' l7 The foregoing Plat of Survey (Dedication)i .,pITY LOT 386A, in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. `--)- '�� r ►'L6 l uL( kAj Dubuque Count Recodder b�{ ltipk 'A Ilsuk-�-�7 Prepared bv: Nate Kieffer. Citv of Dubuque. 50 W. 13th Street. Dubuaue. IA 52001 (5631589-4270 Return to: Nate Kieffer. Citv of Dubuaue. 50 W. 13th Street, Dubtiniie. IA 52001 (5631589-4270 RESOLUTION NO. 125-17 APPROVING THE ACQUISITION PLAT OF CITY LOT 386A, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated Cecombor March 10, 2017 prepared by Buesing and Associates, Inc. describing City Lot 386A, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears City Lot 386A, which SR Jackson Real Estate LLC, by said plat has dedicated to the public forever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated March 10, 2017 prepared by Buesing and Associates, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of City Lot 386A, in the City of Dubuque, Iowa, for Right of Way purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of April, 2017. Attest: Ke in S. 1"4/Firnsta I, CI y Clerk Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) 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. 125-17 is a true and correct copy of the original. In Testimony Whereof, 1 hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 4th day of April, 2017. Kevin S. Firnstahl, CMC, City Clerk