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Vacating Petition - 1065 Jackson Street Right-of-Way_SR Jackson Real Estate, LLC_Initiate Copyrighted April 17, 2017 City of Dubuque Items to be set for Public Hearing # 1. ITEM TITLE: Vacating Petition - 1065 Jackson Street Right-of-Way SUMMARY: City Manager recommending that a public hearing be set for May 1 , 2017, on the disposition of the City's interest in Jackson Street right-of-way between 10th Street and 11 th Street adjacent to SR Jackson Real Estate, LLC warehouse building, 1065 Jackson Street. RESOLUTION of Intent to vacate and dispose of City interest in a portion of Jackson Street adjacent to City Lots 384, 385, 386, 387, and the south half of 388, said right of way being a part of City Lot 386A, in the City of Dubuque, Iowa to SR Jackson Real Estate LLC SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for May 1 , 2017 ATTACHMENTS: Description Type SR Jackson Real Estate Vacating Petition-MVM Memo City Manager 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: Vacating Petition/Jackson Street Right-of-Way (SR Jackson Real Estate LLC Warehouse Renovation Project) DATE: April 11, 2017 In response to a request from SR Jackson Real Estate LLC for the vacating of a portion of the Jackson Street right-of-way between 10th Street and 11th Street adjacent to their warehouse building property at 1065 Jackson Street, City Engineer Gus Psihoyos recommends that a public hearing be set for May 1, 2017, on the disposition of the City's interest to this property. The City and SR Jackson Real Estate LLC 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 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. The right-of-way was dedicated by the owners and accepted by the City earlier this month. I concur with the recommendation and respectfully request Mayor and City Council approval. v 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 � Dubuquei� DtUB E i OC" 111.1 Masterpiece on the Mississippi 2007•2012•2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Vacating Petition/Jackson Street Right of Way (SR Jackson Real Estate LLC Warehouse Renovation Project) DATE: April 10, 2017 INTRODUCTION This is in response to a request from SR Jackson Real Estate LLC for the vacating of a portion of the Jackson Street right of way between 10th Street and 11th Street adjacent to their warehouse building property at 1065 Jackson 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 proposed to be located on the City street right of way 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 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 and SRJRE have agreed to exchange the vacated area for fee title to the area that it currently holds in an easement. The right of way was dedicated by the owners and accepted by the City earlier this month. The Jackson Street right of way area to be vacated to SRJRE needs to be platted. The platting of the right of way area has been coordinated with the owners of the property. Buesing and Associates, Inc. has prepared the attached vacation plat. Lot 2 of City Lot 386A will be vacated to SRJRE to facilitate the construction of the proposed deck and access ramp improvements. The City will retain a public sidewalk easement and public utility easement over a portion of the vacated property as shown on the attached plat of survey. RECOMMENDATION I am recommending that the area indicated by Lot 2 of City Lot 386A, in the City of Dubuque, Iowa as shown on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on May 1, 2017. ACTION TO BE TAKEN I respectfully request that a public hearing be held on the disposal of the property through adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS 2 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. 145-17 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF JACKSON STREET ADJACENT TO CITY LOTS 384, 385, 386, 387, AND THE SOUTH HALF OF 388, SAID RIGHT OF WAY BEING A PART OF CITY LOT 386A, IN THE CITY OF DUBUQUE, IOWA TO SR JACKSON REAL ESTATE LLC Whereas, SR Jackson Real Estate LLC has requested the vacating of a portion of Jackson Street adjacent to City Lots 384, 385, 386, 387 and the south half of 388; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council a plat showing the vacated portion of Jackson Street adjacent to City Lots 384, 385, 386, 387 and the south half of 388, and assigned lot numbers thereto, to be known as Lot 1 and Lot 2 of City Lot 386A, 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 2 of City Lot 386A, in the City of Dubuque, Iowa to SR Jackson Real Estate LLC as agreed upon between the City of Dubuque, Iowa and SR Jackson Real Estate LLC. Section 2. That a public hearing on the intent to vacate and dispose of Lot 2 of City Lot 386A, in the City of Dubuque, Iowa to SR Jackson Real Estate LLC is hereby set for the 1st day of May, 2017, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 17th day of April, 2017. Attest: was Kevir{S. Firr tahl, CMC, City Clerk 1 XJ Roy D. Buol, Mayor Plat of Survey (Vacation) of: Lot 1 & Lot 2 of City Lot 386A, in the City of Dubuque, Iowa INDEX LEGEND Location: City Lot 3B6A SE1/4 of Section 24, T89N, R2E (Dubuque TWP) of the 5th P.M., Dubuque County, Iowa Requestor: Tom Kelzer - Platinum Realty Proprietor: City of Dubuque 50 W. 13th 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 11111 1111 1111111111 11111111111 11 Doc ID 008623740005 Type GEN Kind: SURVEY PLAT Recorded: 04/20/2017 at 03:11:21 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fue2017-00004502 PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: (563) 556-4389 0 0 THIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY. CITY LOT 1-386A 0.129 ACRES 5,609 SQUARE FEET) LOT 1 OF WILMAC PLACE LEGEND 0 ®®EI® 0 ----- ----- ROW ( ) FOUND 5/8" ROD W/RED CAP #12631 (UNLESS OTHERWISE NOTED) FOUND MAGNAIL FOUND CUT X FOUND 5/8" ROD W/ORANGE CAP #15487 FOUND 5/8" ROD W/YELLOW CAP #10272 PLACED MAGNAIL PLACED CUT X PLACED 5/8" IRON REROD W/ORANGE PLASTIC CAP MARKED KOELKER 15487" SURVEYED BOUNDARY LINE PROPERTY LINE CENTER LINE RIGHT OF WAY LINE EXISTING BUILDING FOOTPRINT RECORD DIMENSION NOE THIS SURVEY 15 COMPRISED OF: CITY LOTS 384, 385, 386, 387 & THE 51/2 OF CITY LOT 388, IN THE CITY OF DUBUQUE, IOWA 0' 30' 60' 120' SCALE: 1" = 60' NOTES 8.00' FROM BUILDING LINE TO ROW LINE 1,50PUBLIC SIDEWALK EASMENT 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 IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. DETAIL 1"=10' I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS 01111HUftv PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME v. AND 02, OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY 47.°°°°°°°. ,-,... LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF Iowa. ..i-..--....° ,.---------0`01 TERRY L. *-.1-Titr-----. - - KOELKER 7,0 =, ../I ,t * --P b ,`-' / / ? = _I: 15487 :IRFS.. L. 5' ' : (DATE) LICENSE NUMBER 15487 °,..„...° MY LICENSE RENEWAL DATE IS DECEMBER 31, 2017 yT %/in W l°IIII 111%0 . SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 UESING ASSOCIATES INC. ENGINEERS AND SURVEYORS 1212 LOCUST ST, DUBUQUE, 15 (563) 556-4389 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 'irr' LLIA.i CilLf 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 Lot 386A, 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 LOT 1 & LOT 2 OF CITY LOT 386A, in the City of Dubuque, Iowa. Total area of LOT 1 & LOT 2 OF CITY LOT 386A is 0.169 acres (7,367 square feet). Total area of LOT 1 is 0.129 acres (5,609 square feet). Total area of LOT 2 is 0.040 acres (1,758 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: / ��« 4 - Terry L. Koelker Licensed Land Surveyor License No. 15487 Owner's Consent Dubuque, Iowa ,//U // Date License Renewal Date: 12/31/17 /7 , 2017 The foregoing Plat of Survey (Vacation) of: LOT 1 & LOT 2 OF CITY LOT 386A, in the City of Dubuque, lowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. LOT 1 & LOT 2 OF CITY LOT 386A, in the City of Dubuque, Iowa, o be vacated. Mayor of e 'ty of Dubuque IA -Aetiftg/ Ier`k of the'6ity of Dubuque, IA State of Iowa County of Dubuque ) ss: On this 1.7" -day of 1,--)pc=61 A.D. 2017, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol is the Mayor and Kevin Firnstahl is the Aotifpg Clerk for the City of Dubuque, Iowa me personally known, who being by me duly sworn did say that said Roy D. Buol and Kevin Firnstahl that the seal affixed to the above instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors, and that said Roy D. Buol is the Mayor and Kevin Firnstahl is the,eting Clerk for the City of Dubuque, Iowa acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. Witness my hand and Notarial Seal on the date above written. Notary Public in and for the State of Iowa 1114 L. 6LEA N iornmission Number 719986 Commission Expires 'l3' I� Citv of Dubuaue Plannina Services Dubuque, Iowa Sheet 3 of 3 'fps`'/ /7 , 2017 The foregoing Plat of Survey (Vacation) of: LOT 1 & LOT 2 OF CITY LOT 386A, in the City of Dubuque, Iowa was reviewed and approved by the City of Dubuque Planning Services n the dale first riten above. GGA Laura Carstens, City Planner City of Dubuque, Iowa Dubuque, Iowa .4)///-/- ,2017 The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Acting Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey of: LOT 1 & LOT 2 OF CITY LOT 386A, in the City of Dubuque, Iowa on 1:491 as resolution 0./7m/ and that tCity Council of the City of Dubuque, Iowa approves said plat. L...1 Mayor f Dub que IA Ac -ting -C -rk of the City of Dubuque, IA City Assessor's Certificate Dubuque, Iowa , 2017 The foregoing Plat of Survey (Vacation) of: LOT 1 & LOT 2 OF CITY LOT 386A, in the City of Dubuque, Iowa was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above. City Assessor of the City of Dubuque, IA County Auditor's Certificate Dubuque, Iowa , 2017 The foregoing Plat of Survey (Vacation) of: LOT 1 & LOT 2 OF CITY LOT 386A, in the City of Dubuque, Iowa was entered of record in the Office of the Dubuque County Auditor this day of 2011. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque, Iowa Recorder's Certificate Dubuque, Iowa ,2017 The foregoing Plat of Survey (Vacation) of: LOT 1 & LOT 2 OF CITY LOT 386A, in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. Dubuque County Recorder 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