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
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Dubuque and Dubuque county. It Is understood that,while
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most—r',t,nd,murateinformation availabls,DAGISand 1 inch = 60 feet Engineering Division
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agency shall not be held liable foi-any dlFect,Indirect,Incidental, Dubuque,Iowa 52001
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