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Plat of Survey - Lot 176A - 17th Street_Metx, LLC ( aka Metz, LLC) METZ, LLC Copyrighted June 19, 2017 City of Dubuque Consent Items # 14. ITEM TITLE: Plat of Survey- Lot 176A- 17th Street SUMMARY: City Manager recommending approval of a resolution approving the Plat of Survey of Lot 176A of East Dubuque Addition in the City of Dubuque, Iowa. RESOLUTION Approving Plat of proposed vacated right- of-way of 17th Street between Elm Street and Pine Street, said right-of-way being a part of City Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Approval of Plat of Survey for 17th Street right-of-way City Manager Memo vacation-MVM Memo Staff Memo Staff Memo Resolution Resolutions Plat of Survey Supporting Documentation Area Map Supporting Documentation THE CITY OF Dubuque fta B E I 11p y Masterpiece 012 the Mississippi 2007.2012«2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approval of Plat of Survey of Lot 176A of East Dubuque Addition, City of Dubuque, Iowa, for Vacating Petition/17th Street Right-of-Way (Metx LLC Renovation Project) DATE: June 14, 2017 A request has been received from Metx LLC to vacate the 17th Street right-of-way between Elm Street and Pine Street adjacent to their office building property at 1690 Elm Street. City staff is recommending the vacation of the 17th Street right-of-way in order for the developer to construct improvements on their own property. In order to vacate the right-of-way, it needs to be platted. IIW, PC has prepared the vacation plat, and the right-of-way is to be platted as Lot 176A of East Dubuque Addition. City Engineer Gus Psihoyos recommends City Council approval of a Resolution approving the Plat of Survey of Lot 176A of East Dubuque Addition in the City of Dubuque, Iowa. I concur with the recommendation and respectfully request Mayor and City Council approval. 1 r Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF f`, Dtl��]Ue DUB E WndcaCKY � r Masterpiece on the Mississippi ,,N„.,,,,,.,,,,, TO: Michael C. Van Milligen, City Manager l� FROM: Gus Psihoyos, City Engineer SUBJECT: Approval of Plat of Survey of Lot 176A of East Dubuque Addition, City of Dubuque, Iowa For Vacating Petition/17th Street Right of Way (Metx LLC Renovation Project) DATE: June 13, 2017 INTRODUCTION This is in response to a request from Metx LLC for the vacating of 17th Street right of way between Elm Street and Pine Street adjacent to their office building property at 1690 Elm Street. BACKGROUND Metx, LLC is planning to renovate and redevelop the former Lamar office building at 1690 Elm Street. Plans for the rehabilitation include construction of a covered entry, access ramps, and parking to serve the building. These improvements are proposed to be located on the City street right of way of 17th Street. City staff is recommending the vacation of the 17th Street right of way in order for the developer to construct the improvements on their own property. DISCUSSION The City and Metx, LLC (METX) are currently working on a development agreement with multiple considerations relating to the redevelopment of the METX property at 1690 Elm Street. While not all of the details have been established, both have agreed that as part of the agreement the City will vacate the 17th Street right of way between Elm Street and Pine Street. METX will utilize the property to construct a new entrance to their building off of 17th Street with an overhead canopy, access ramp, and parking improvements to further serve future building patrons. Both have also agreed that METX will grant an easement through the eastern portion of their property at 1690 Elm Street for a public hike/bike trail. This is a section of the planned and budgeted hike/bike trail that will connect the Lower Bee Branch and Upper Bee Branch Creek trails from 16th Street to Garfield Avenue. The fair market value of the vacated right of way and the trail easement will be determined and considered as terms within the larger development agreement. In order to vacate the right of way, it needs to be platted. IIW, PC has prepared the attached vacation plat. Per the plat, the right of way is to be platted as Lot 176A of East Dubuque Addition. RECOMMENDATION I recommend approving the plat of survey (vacation plat). ACTION TO BE TAKEN I respectfully request adoption of the attached resolution approving the Plat of Survey of Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa. Prepared by Deron Muehring Attach. Cc: Crenna Brumwell, City Attorney Steve Brown, Project Manager Deron Muehring, Civil Engineer 2 Prepared bv: Deron Muehrina. Citv of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (563) 589-4270 Return to: Deron Muehring, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 215-17 RESOLUTION APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF 17TH STREET BETWEEN ELM STREET AND PINE STREET, SAID RIGHT OF WAY BEING A PART OF CITY LOT 176A OF EAST DUBUQUE ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 13, 2017 prepared by IIW, PC, showing the vacated 17th Street between Elm Street and Pine Street, and assigned lot number thereto, to be known as Lot 176A of East Dubuque Addition, 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 June 13, 2017 prepared by IIW, PC, 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. The City hereby reserves a public utility easement over the entirety of Lot 176A as shown on the attached plat. Section 3. The City hereby reserves an ingress/egress easement over the entirety of Lot 176A as shown on the attached plat for the benefit of Lot 2 of Marde Place, in the City of Dubuque, Iowa. Section 4. 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 19th day of June, 2017. Attest: Kevi Firns`fahl,CMC, City Clerk Revised 6/19/2017 p0YD. Buol, Mayor INA E AREA MAP DAG IS Masterpiece on the Mississippi QLaQQUEAREA GEQGKAPIIC NFERHAT—SYE,En E 17th Street Right of Way to Be Vacated 1750460 r i 1798 E 1789 y ,l�; �y`�\,,yy►�, AREA TO BE PLATTED AS I LOT 176A OF EAST E 17TH ST \� I !"" �� DUBUQUE ADDITION E 17TH 1696 1689 V 1681 � �� ", == - —- -� � 1664 1665 1645 _ -• 1 r AL s t a DISCLAIMER:This lfe Tmatill was mmplled (sing the Dubuue qArea Geographic Information System DAGIS ),which lcludes data created by beth the city of Map Prepared by: Dubuque and Dubuque County. It Is understood that,while the City ofDabagaeaF,dparticpathgag'. atilAAdme City of Dubuque est__Tentaidaccaratelf,Tmatle�a�auable,DAGIS a,d 1 II1Cf1 = 60 feet � Engineering Division It's sit ppIi s do r,ot war- the ac�,Tacy oT I—e-A of me lfoTmatlo oT data toadied he-ei, The City ar,d participating 50 West 13th Street age-Asshall yet be held cable f i-a,y dlTect,ldiiect,lcide,tal, F Dubuque,Iowa 52001 c,seq,entla 1,punitive, i-special damages,whether fa Teseeable oT -bi-ese-a,—si,geatofthe-th—AedeT--thmsedaseof 60 30 0 60 Feet S Phone:(563)589-4270 this data oT the lability to use this data oT est of any breach of waTTa�ty whats—ei- Fax:(563)589-4205 Location: Index Legend EAST DUBUQUE ADDITION CITY OF DUBUQUE, IOWA Proprietor: CITY OF DUBUQUE Requestor: CITY OF DUBUQUE Surveyor: CRAIG L. GEISER Surveyor Company: IIW, P.C., 4155 PENNSYLVANIA AVE DUBUQUE, IOWA 52002-2628 PHONE: (563)556-2464 PLAT OF SURVEY LOT 176A OF EAST DUBUQUE ADDITION TO THE CITY OF DUBUQUE, IOWA LOT 176A 14,075 SQ. FT. •\16 �\ \/ S\�L C ' 11 11 11 11 11 11 11 11 Doc ID: 008659890006 Type GEN Kind: SURVEY PLAT Recorded: 06/23/2017 at 12:24:51 PM Fee Amt: $32.00 Pape 1 of 6 Dubuque County Iowa John Murphy Recorder Fie2017-00007588 FOR RECORDER USE SE CORNER OF LOT 2 OF MARDE PLACE N 65°46' 40"E 15.40' LOT 2 MARDE PLACE DOC. NO. 2011-11099 POINT OF BEGINNING NW CORNER OF LOT 177 p\-c\cN p,0 t- , NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS—OF—WAY OF RECORD AND NOT OF RECORD. LEGEND PLATTED BOUNDARY LOT/R.O.W. LINES RIGHT—OF—WAY RECORDED AS FOUND 5/8" IRON REBAR WITH NO CAP OR AS NOTED SET 5/8" IRON REBAR WITH RED PLASTIC CAP NO. 21408 DATE OF SURVEY: JUNE 19, 2017 TOTAL AREA SURVEYED: 14,075 SQ. FT. ,moIIIIIIIImm1,._ NORTH GRAPHIC SCALE 0 40 80 (IN FEET) DRAWING MAY HAVE BEEN REDUCED SURVEYOR'S NOTES: 1. A PUBLIC UTILITY EASEMENT IS RESERVED OVER THE ENTIRETY OF LOT 176A. 2. AN INGRESS/EGRESS EASEMENT IS RESERVED OVER THE ENTIRETY OF LOT 176A FOR THE BENEFIT OF LOT 2 OF MARDE PLACE, IN THE CITY OF DUBUQUE, IOWA. 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 IIW, P.C. CRAIG L. GEI R LICENSE N0. 21408 p •/9 • /7 DATE MY LICENSE RENEWAL DATE I5 12/31/2018 PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 & 2 Ilw, P.c ♦ • VRCHITECTURE CIVIL ENGINEERING n CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING INTEGRITY.EXPERTISE.SOLUTIONS STRUCTURAL ENGINEERING -.TRANSPORTATION ENGINEERING DRAWN DMK PLAT NO. 29—IA-17 CHECKED JMT PROJ. NO. 1600605 DATE 6-19-17 SHEET 1 of 2 P:\16\006\00605\DRAWINGS\SURVEY\1600605 Sheet 2 of 2 SURVEYOR'S CERTIFICATE I, Craig L. Geiser, 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: Lot 176A of the East Dubuque Addition to the City of Dubuque, Iowa, part of the vacated portion of East 17th Street lying east of Elm Street and west of Pine Street in the City of Dubuque, Iowa, more particularly described as follows: Beginning at the northwest corner of Lot 177 of said East Dubuque Addition; Thence North 23 degrees 51 minutes 08 seconds West, 64.00 feet; Thence North 65 degrees 46 minutes 40 seconds East along the northerly right-of-way line of East 17th Street, 219.97 feet; Thence South 23 degrees 46 minutes 00 seconds East, 64.00 feet to the southerly right-of-way line of said East 17th Street; Thence South 65 degrees 46 minutes 40 seconds West, along said southerly right-of-way line, 219.87 feet, to the Point of Beginning. Containing 14,075 square feet, more or less, and subject to easements, reservations, restrictions, and right- of-way record and not of record. OWNER'S CONSENT Dubuque, Iowa The foregoing plat of Lot 176A of East Dubuque Addition to 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. FOR THE CITY OF DUBUQUE, IOWA By Roy D. Buol, By Kevin S. Ffir tahl, City Clerk State of Iowa ) )ss: County of Dubuque) �' I On this I % day of j ,�� , 20 , before me, a Notary Public in and for the County of Dubuque and State of Io,ja, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known who, being duly svYorn did say that the said Roy D. Buol is Mayor and the said Kevin S. Firnstahl is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy D. Buol and Kevin S. Firnstahl acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. Witness my hand and notarial seal on the date last above wfen. PAMELA J. McCARRON Commission Nu er 772419 My Comm. Exp. h -,2C Dubuque, Iowa //7//t-C,('64,4(7 /I � Notary Public m tlry" tate of Iowa -k My Commission Expires CITY COUNCIL fr,),e,„ , The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. 2 -1 the Dubuque City Council approved said plat. Roy D. Bti Mayor of the City of Dubuque Kevin irnstahl Clerk of the City of Dubuque COUNTY AUDITOR Dubuque, Iowa 3 , 20 7 The foregoing plat was entered of record in the office of the Dubuque County Auditor this o73 day of 1Tit- ,20_. We approve of the subdivision name or title to be recorded. • 4 ‘, • • • . r• " ..-. • tr7 Dubuque, Iowa The foreg9lag plat was entered of record in the office of the Dubuque City Assessor this day of („..e._ .20(1. 11/1avi Denise M. Dolan Dubuque County Auditor CITY ASSESSOR .27 , 20_ 27(2 Richard A. Engelken Dubuque City Assessor RECORDERS CERTIFICATE Dubuque, Iowa , 20ZZ The foregoing plat of Lot 176A of East Dubuque Addition to the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. John Murphy Dubuque County Recorder Prepared bv: Deron Muehrina. Citv of Dubuaue. 50 W. 13'h Street. Dubuaue. IA 52001 (563) 589-4270 Return to: Deron Muehring, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 215-17 RESOLUTION APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF 17TH STREET BETWEEN ELM STREET AND PINE STREET, SAID RIGHT OF WAY BEING A PART OF CITY LOT 176A OF EAST DUBUQUE ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 13, 2017 prepared by IIW, PC, showing the vacated 17th Street between Elm Street and Pine Street, and assigned lot number thereto, to be known as Lot 176A of East Dubuque Addition, 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 June 13, 2017 prepared by IIW, PC, 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. The City hereby reserves a public utility easement over the entirety of Lot 176A as shown on the attached plat. Section 3. The City hereby reserves an ingress/egress easement over the entirety of Lot 176A as shown on the attached plat for the benefit of Lot 2 of Marde Place, in the City of Dubuque, Iowa. Section 4. 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 19th day of June, 2017. Attest: Kevi i S. Firns ahl`,-CMC, City Clerk Revised 6/19/2017 toYD. 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. 215-17 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 20th day of June, 2017. Kevin . Firnstahl, CMC, City Clerk