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Vacating Petition - 1065 Jackson Street Right-of-Way, SR Jackson_Hearing Copyrighted May 1, 2017 City of Dubuque Public Hearings # 1. ITEM TITLE: Vacating Petition - 1065 Jackson Street Right-of-Way SUMMARY: Proof of publication on notice of public hearing to consider disposing 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, and the City Manager recommending approval. RESOLUTION Vacating 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, to be known as Lot 2 of City Lot 386A, in the City of Dubuque, Iowa RESOLUTION Disposing of City interest in Lot 2 of City Lot 386A, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type SR Jackson Real Estate Vacating Petition-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Vacate Resolutions Resolution Dispose Resolutions Recorded Vacate Plat Supporting Documentation Area Map Supporting Documentation Proof of Publication 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 25, 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 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. The City will retain a public sidewalk easement and public utility easement over a portion of the vacated property as shown on the plat of survey. 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 buque THE CITY OF �� Du Vic► Masterpiece on the Mississippi 2007.2012.2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer c . SUBJECT: Vacating Petition/Jackson Street Right of Way (SR Jackson Real Estate LLC Warehouse Renovation Project) DATE: April 24, 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 has been platted and a copy of the recorded plat is attached. The platting of the right of way area was coordinated with the owners of the property. 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 the vacating and disposal of Lot 2 of City Lot 386A, in the City of Dubuque, Iowa. ACTION TO BE TAKEN I respectfully request that the vacating and disposal of Lot 2 of City Lot 386A, in the City of Dubuque, Iowa be approved through the adoption of the enclosed resolutions. Prepared by Nate Kieffer, PLS I 2 IIY 11 11 11 11 l 101 11 11 11 11 Doc ID 008655030004 Type GEN Kind: DEED WITH RESOLUTION Recorded: 06/15/2017 at 02:43:28 PM Fee Amt: $27.00 Page 1 of 4 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Filet 017.0000 16 9 QUIT CLAIM DEED Return to: SR Jackson Real Estate, LLC, 300 Main Street, Suite 323, Dubuque, IA 52001 Preparers Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381 Taxpayer: SR Jackson Real Estate, LLC 300 Main St s to 323 Dubuque IA 52001 For the consideration of One Dollar(s) and other valuable consideration, City of Dubuque, Iowa Quit Claim to SR Jackson Real Estate, LLC estate, claim and demand in the following described real estate in Lot 2 of City Lot 386A, in the City of Dubuque, Iowa This deed is exempt according to Iowa Code 428A.2(6). do hereby all our right, title, interest, Dubuque County, Iowa: 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. Date May 31, 2017 City of Du.. ue, Iowa (Grantor) elnn• `,tv�ayor (Grantor) (Grantor) STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me on June 12 , 2017 Roy D. Buol © The Iowa State Bar Association 2017 IowaDocs® KEVIN S. FIRNSTAHL T. COMMISSION NO.745295 ° _ MY CO Si N/EXPIRES - (Grantor) (Grantor) (Grantor) , by Si ature of Notary Public Form No. 106, Quit Claim Deed Revised May 2016 50° Ci -i\ Ckr-k )()a Prepared bv: Nate Kieffer. Citv 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. 163-17 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2 OF CITY LOT 386A, 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 the 21st day of April, 2017, the City Council of the City of Dubuque, Iowa met on the 1st day of May, 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 2 of City Lot 386A, 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 conveyance of City of Dubuque real property described as Lot 2 of City Lot 386A, in the City of Dubuque, Iowa, to SR Jackson Real Estate LLC be and the same is hereby approved. 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 SR Jackson Real Estate LLC. 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 1st day of May, 20 /1/'/Dtij Roy D. Buol, Mayor Attest: KeviLn. 8. Firnstahl, C 6., City 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. 163-17 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 13th day of June, 2017. Kevin S`. Firnstahl, CMC, City Clerk 11 11 11 11 11 11 11 11 Doc ID: 008655040002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 06/15/2017 at 02:43:36 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder F11e2017-00000994 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 SR Jackson Real Estate, LLC Address 300 Main Street, Suite 323, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: Portion of Jackson Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 2 of City Lot 386A, 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) Il --11 c 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 All 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: (Transferor or Agent) FILE WITH RECORDER Telephone No.: (563) 589-4381 DNR form 542-0960 (July 18, 2012) Prepared bv: Return to: Nate Kieffer. Citv of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 162-17 RESOLUTION VACATING 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, TO BE KNOWN AS LOT 2 OF CITY LOT 386A, IN THE CITY OF DUBUQUE, IOWA 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, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated March 10, 2017 prepared by Buesing and Associates, Inc., 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 the 21st day of April, 2017, the City Council of the City of Dubuque, Iowa met on the 1st day of May, 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 Jackson Street Right of Way to be known as Lot 2 of City Lot 386A, in the City of Dubuque, Iowa, 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 2 of City Lot 386A, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 1st day of May, 201JJ. oy D. Buol, Mayor Attest: Kevin S. Firnstahl, C -6, City Clerk Prepared bv: Nate Kieffer, City of Dubuaue. 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. 163-17 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2 OF CITY LOT 386A, 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 the 21st day of April, 2017, the City Council of the City of Dubuque, Iowa met on the 1st day of May, 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 2 of City Lot 386A, 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 conveyance of City of Dubuque real property described as Lot 2 of City Lot 386A, in the City of Dubuque, Iowa, to SR Jackson Real Estate LLC be and the same is hereby approved. 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 SR Jackson Real Estate LLC. 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 1st day of May, 20 Attest: KeviL Firnstahl, C , City Clerk Roy D. Bubl, ayor Plat of Survey (vacation) of: INllllllllllllllllllllllllllllllilllllllllllllllllllllllll Lot 1 & Lot 2 of City Lot 386A, Doc ID: 008623740005 TI IIIIIIIIINIIIIIIIII e: GEN Kind: SURVEY PLAT YP in the City of Dubuque, Iowa Recorded: 04/20/2017 at 03:11:21 PM Fee Amt: $27.00 Page 1 of 5 INDEXLEGEND Dubuque County Iowa John Murphy Recorder Location: City Lot 386ASec ( q� ) File2017_00004502 SE1/4 of Section 24,T89N,R2E Dubu a 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:Bussing&Associates INC. 1212 Locust St.,Dubuque,IA 52D01 Return To:tlkoelker@buesing.com(563)556.4389 PREPARED BY: BUESING&ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE,IOWA PHONE: (563)556-4389 / c N 32.0 "E camA � \$7> 1 C G\.0�° 7.30' 7�N,IZ gaa JgG THIS IS AN ASSUMED 0 BEARING FOR THE PURPOSES / ' +2 OF yo P EP �ta OF THIS SURVEY ONLY. SN SO \O\N° °M � \ CITY LOT 1-3f16A oF� FpO PD 0.129 ACRES 41dd Ro 9 8 uN� gad i�+ (5,609 SQUARE FEED \ I-o" of c\ rL e6 S \ \.01Z', C(\-°" 011(GOZ g 9 LOT S ss: N OF WILMACIPLACE ON gA1 4 N �'ol \ to G\ \ �nA 7.97' \ \ \ G \ S 86'25'33"W \ �0� 32,00' \ LO\gAg C\� \\ �0 l6� RpV�I Roa \ S� LEGEND • FOUND 5/8"ROD W/RED CAP/12631 8.00 FROM (UNLESS OTHERWISE NOTED) THIS SURVEY IS COMPRISED OR CITY LOTS 384.385,386,387VDETAIL BUILDING LINE Q FOUND MAGNAIL ac THE S1/2 OF CITY LOT 388,IN THE CITY OF DUBUQUE,IOWATO ROW UNE 8 FOUND CUT X 1.50' PUBLIC FOUND 5/8'ROD W/ORANGE CAP/15487 SIDEWALK EASMENT FOUND 5/8'ROD W/YELLOW CAP/10272 PLACED MAGNAIL7 \�OPLACED CUT XPLACED 5/g IRON REROD W/ORANGE• 0' 30160' 120'O PLASTIC CAP MARKED"KOELKER 15487SURVEYED BOUNDARY UNE SCALE: 1" a 60' PROPERCENTERTMLINENE 1 ROW _ RIGHT OF WAY LINE 1.ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.EXISTING BUILDING FOOTPRINT 2.TOTAL AREA OF PERIMETER SURVEYED IS 0.169 ACRES(7.367 SQUARE FEET). 1 ( ) RECORD DIMENSION 3.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS \\\\ tNtLIAND,/`YJii OR UNDER MYPREPAREDDDRECTPERSONATHE RELATED�L SUPERVISION AND THARVEY WORK WASOTI AM MEDBA DULY IA ME Jay INC. \�\ iii ``���0 "••••••S�!�i��r LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. lXCINB8R8 AND SZJRY8YOR8 �Y 1212 Locust S7,oUa1WUE.IA 3 V=' TERRY L. i 1 J (563)550-4389 x�. KOELKIA 10 DRAWN BY:JCH CHECKED Bl: TLK 15487 r TERRY L KOECRER (DATE) isURVEY DATE:1/18/17 *•,• LICENSE NUMBER 15487 PLOT DATE: 3/10/17 �i//'���if�•+OWA•��VO0 MY LICENSE RENEWAL DATE IS DECEMBER 31,2017 DWG.N0.16296-01 SCALE: f"=60' ""'HAIIIhIIVt`" SHEETS COVERED BY THIS SEAL: SHEETS 1&2 SHEET 1 of 3 lop Sheet 2 of 3 Surveyor's Certificate Dubuque, Iowa 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: Terry L. Koelker Date Licensed Land Surveyor License No. 15487 License Renewal Date: 12/31/17 Owner's Consent Dubuque, Iowa ,2017 The foregoing Plat of Survey(Vacation)of: LOT 1 &LOT 2 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. LOT 1 &LOT 2 OF CITY LOT 386A,in the City of Dubuque, Iowa/ be vacated. A�4,P Ze"I Mayor of a Ly of Dubuque IA 1. ler of the ity of Dubuque, IA State of Iowa ) County of Dubuque ) ss: On this_ day of -'- ,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 Aeting 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 Aetim 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. r° v Notary Public in and for the State of Iowa J'ommission Number 719986 'Ay Commission Expires ...� '3 Sheet 3 of 3 City of Dubuque Planning Services Dubuque, Iowa /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 the da first ten above. Laura Carstens, City Planner City of Dubuque,Iowa Dubuque, Iowa ' ,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: L T 1 &LOT 2 OF CITY LOT 386A,in the City of Dubuque, Iowa on 1X112/. �i as resolution /�/ / and that t City Council of the City of Dubuque, Iowa approves said plat. 0. L"/ Mayor o Irf Dulblique IA ti44iFHj- rk of the(City of Dubuque, IA City Assessor's Certificate ,t,� Dubuque, Iowa "/ - o2O ,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. a a2e.� City Assessor of the Cit of Dubuque, IA County Auditor's Certificate Dubuque, Iowa ~i3` n� �0 Y>;2,017 The foregoing Plat of Survey(Vacation)of: LOT 1 &LOT 2 OF CITY LOT 386A,in tb�city ofkDgue, Iowa ' was entered of record in the Office of the Dubuque County Auditor this ab '-, y Ant , 2011. ;+ ' We approve of the subdivision name or title to be recorded. ozn*m 71A County Auditdr uque,�o" b ` A Recorder's Certificate Dubuque, Iowa ";; I ;2017 The foregoing Plat of Survey(Vacation)of:-Ld'T 1 &LOT 2 CITY LOT 386A,in the City of Dubuque, Iowa has been reviewed by the Dubuque":.. unty',Record�r'- y `A �0 l v) V11U.t vLN '� w Dubuque(County Recorde Prepared by: Nate Kieffer,City of Dubuque,50 W.1311 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. 141-17 RESOLUTION APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF 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 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated March 10, 2017 prepared by Buesing and Associates, Inc., 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; 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 March 10, 2017 prepared by the 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 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 17th day of April, 2017. Roy D. Buol, Mayor Attest: Kevin . Firnstahl, CMC, City 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, 1 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. 141-17 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 18th day of April, 2017. Kevi S. Firnstahl, CMC, City Clerk t ♦ t B 4 � (SEAL 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 STATE OF IOWA {SS: DUBUQUE COUNTY H CERTIFICATION OF PUBLICATION j 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: April 21, 2017, and for which the charge is $47.43. i h �I 'i a Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 21,,, day of , 20 /7 9 Notary Public in and for Dubuque County, Iowa. `i MARY K WESTERMEYER Commission Number 154885 n My commission Exp•Feb.1,2020 d i i q i N II� l i 'Iowa; and the south half Iof a portion of Jackson 388;and Street adjacent to City Whereas,Buesing'and 1 Lots 384, 385, 386, 387 Associates, Inc. has and the south'half of prepared and submit- 388, and assigned lot ted to the City Council numbers thereto,to be' ai plat showing the , known as Lot 1 and Lot vacated .portion sof 2 of,City Lot 386A, in Jackson Street adja- I the City of Dubuque, cent to City Lots 384, Iowa(Locally known as 385, 386,'387 and the 1665 Jackson Street) , south half of 388, and i At the meeting, the assigned lot numbers City . Council will thereto, to be known receive oral and writ- as Lot 1 and Lot 2 of ten comments from City Lot 386A, in the any, resident, or City of Dubuquw e,Ioa. ity Cy'owner ofsaid NOW THEREFORE,'BE City to' the -'above IT RESOLVED,BY THE action. Written com- CITY.COUNCIL OF THE ments regarding the CITY, OF L, DUBUQUE, above public hearing IOWA: may be-submitted to Section,1 That"the the City Clerk's Office, City'-of Dubuque in- City"Hall; 50 W. 13th tends to vacate and dis- 'I Street, on or before pose of its interest in said time of public Lot 2'of City Lot 386A; .i hearing. in the City of DUbuque, Copies"of supporting Iowa', for SR Jackson 1 � documents for the Real Estate' LLC as Public,hearings are on agreed upon;between 'i file in the City Clerk's the City ofDubuque,`j Office, and may be 'Iowa and SR Jackson viewed during normal Real Estate LLC working hours. Section 2 That a1 Any visual or hearing public hearing on the impaired persons need- intent to vacate and ing, special assistance dispose of Lot 2 of City or persons with-special Lot 386A,in the City of accessibility needs D"ubuque, Ipwa to SR should•contactthe City Jackson Real Estate Clerk's, ffice at (563) LLC is hereby set for J 589r-.41,00''or,TTY 563) the 1st day of'May, 690-6678 at least-i48 2017, at the Historic hours prior to the Federal Building, 350. p meeting, W:; 6th Street, Dubu-,`� Dated this 21st'dayPof que,'Iowa,beginning at April 2611. 6:00,pm.,and-the,City j Kevin S.Firnstahl, Clerk be.and,ls hereby- CIVIC, City Clerk authorized and direc CITY OF DUBUQUE, RESOLUTION i" ed to cause a notice of IOWA NO.145-17 public hearing on the OFFICIAL NOTICE RESOLUTION OF intent to vacate and 1 d real I herebyBglC.ven that Eis the ANDNTDSPOSETO CATE OF estate to-be pose of ublish d City Council of the.City CITY INTEREST IN`A in the manner as ;i of Dubuque Iowa;will PORTION OF JACK. prescribed by law. hold a public hearing SON STREET ADJA- Passed,approved and on the 1st day of;May, CELT,T . ,CITY LOTS adopted this 17th day 2017 at 6:00 p.m.in the 384, 385, 386, 387, of April,2017. Historic Federal Build- , AND THE SOUTH Roy D.Buol;Mayor ing, 350 West 6th .HALF OF,888, SAID Attest:Kevin S. Street; second floor, RIGHT OF WAY BEING Firnstahl,CMC, Dubuque, " Iowa at APART OF CITY LOT City Clerk which meeting the City, 386A,IN THE CITY OF It 4121 Council proposes to DUBUQUE, IOWA TO vacate and dispose of SI; JACKSON REAL anLC interest. described in- theESTATE Whereas SR Jackson real property to SR Real Estate.:LLC has Jackson Real Estate, LLC: requested the vacating Lot 2 of City Lot 386A, of a portion of JacksonStreet adjacent to City in the City of,Dubuque, .'Lots 384,385, 386_387 B c n q g d : Kevin Firnstahl From:Nate Kieffer Sent:Wednesday, May 03, 2017 9:07 AM To:Crenna Brumwell; Jennifer Griffin Cc:Kevin Firnstahl; Kerry Bradley; Jane Smith Subject:Vacate Portion of Jackson Street to Carner/Kelzer for Mini Mall Construction Attachments:MX-4140N_20170503_083516.pdf; recorded vacate plat carner.pdf Crenna, per our conversation I am sending a scan of the council resolutions approving the vacation of the Jackson Street ROW and authorizing us to execute a quit claim deed to SR Jackson Real Estate LLC (Carner/Kelzer). I am also sending a copy of the plat of survey for your reference. There was no formal agreement in this project. If you could please prepare the deed and schedule a closing and record the docs that would be much appreciated. Please let me know if you have any questions. Thanks! Nate Kieffer, PE/PLS Land Surveyor City of Dubuque Engineering Department 50 West 13th Street Dubuque, Iowa 52001 563-589-4277 Imagine Dubuque! Have you shared your ideas to make Dubuque a more viable, livable, and equitable community? To learn more and share your ideas visit http://imaginedubuque.com or download the project app today! 1