Vacate of Right-of-Way_17th Street_METX, Inc. (aka Metz, LLC)_Initiate METZ, LLC Copyrighted
June 19, 2017
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Vacate of Right-of-Way- 17th Street- Initiate
SUMMARY: City Manager recommending approval of a resolution
setting a public hearing for July 5, 2017, on the disposal of
the 17th Street right-of-way between Elm Streets and Pine
Streets to METX, LLC
RESOLUTION of Intent to vacate and dispose of City
interest in 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 to METX,
LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for July 5, 2017
ATTACHMENTS:
Description Type
Vacate 17th Street ROW Initiate-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Vacate E)hibit 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: Vacating Petition/17th Street Right-of-Way
(Metx Building Renovation Project)
DATE: June 14, 2017
A request has been received from Metx, LLC to vacate a portion of the 17th Street right-
of-way between Elm Street and Pine Street adjacent to their building property at 1690
Elm Street (former Lamar and Hardie Sign Companies). The City and 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 15th 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.
The 17th Street right-of-way area to be vacated to Metx will need to be platted and IIW,
PC has prepared the vacation plat. The City will retain a storm sewer and sanitary
sewer easement and public utility easement over the entire portion of the vacated
property. The City will also retain an easement for the aforementioned hike/bike path.
Alliant Energy, who owns 455 E. 17th Street, will also retain an egress easement that
will allow them to access their property. The City and Metx have been working with
Alliant to fully understand and accommodate their access needs.
City Engineer Gus Psihoyos recommends City Council approval of a resolution setting a
public hearing for July 5, 2017, on the disposal of the 17th Street right-of-way between
Elm Streets and Pine Streets.
I concur with the recommendation and respectfully request Mayor and City Council
approval. J
1 r �1L�1#'L y ttrt�A&Znt.-
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
2
THE CITY OF '-"' Dubuque
DUB bE U-ftWcaCfi
� I
Masterpiece on the Mississippi 2(XI7,nnz,201.1
TO: Michael C. Van Milligen, City Mana --
-FROM: Gus Psiho os, Cit En ineer_�
SUBJECT: Vacating Petition/17th Street Right of Way
(Metz LLC Renovation Project)
DATE: June 13, 2017
INTRODUCTION
This is in response to a request from Metx, LLC for the vacating of a portion of the 17th
Street right of way between Elm Street and Pine Street adjacent to their 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.
The 17th Street right of way area to be vacated to METX will need to be platted. IIW, PC
has prepared the attached vacation exhibit, proposing the creation of Lot 176A of East
Dubuque Addition. The City will retain a storm sewer and sanitary sewer easement and
public utility easement over the entire portion of the vacated property. The City will also
retain an easement for the aforementioned hike/bike path.
Alliant Energy who owns 455 E. 17th Street will also retain an egress easement that will
allow them to access their property. The City and METX have been working with Alliant
to fully understand and accommodate their access needs.
RECOMMENDATION
I recommend that the area indicated by Lot 176A of East Dubuque Addition, in the City of
Dubuque, Iowa as shown on the attached Street Vacation Exhibit be vacated, and that a
public hearing be set for the disposition of the City's interest in the subject area on July
5, 2017.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution setting a public hearing on the
disposal of the 17th Street ROW between Elm Street and Pine Street.
Prepared by Deron Muehring
Attach.
Cc: Crenna Brumwell, City Attorney
Steve Brown, Project Manager
Deron Muehring, Civil Engineer
2
RESOLUTION NO. 220-17
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN 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 TO METX LLC
Whereas, Metx LLC has requested the vacating of a portion of 17th Street between
EIm Street and Pine Street; and
Whereas, IIW, PC has prepared and submitted to the City Council a plat showing
the vacated portion of 17th Street between EIm Street and Pine Street, and assigned lot
numbers thereto, to be known as Lot 176A of East Dubuque Addition, 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 176A of East Dubuque Addition, in the City of Dubuque, Iowa to Metx LLC as
agreed upon between the City of Dubuque, Iowa and Metx LLC.
Section 2. That a public hearing on the intent to vacate and dispose of Lot 176A
in the City of Dubuque, Iowa to Metx LLC is hereby set for the 5th day of July, 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 19th day of June, 2017
Attest:
K. vin S. Firnstahl, CMC, City Clerk
2
Roy D. Buol, Mayor
PRIPAR17511w, P7 7151 PEPN1717RT 77 509050C, 10 - 4
STREETION EXHIBIT
LOT 176A OF EAST DUBUQUE ADDITION
EAST 17TH STREET
BETWEEN ELM STREET AND PINE STREET
CITY OF DUBUQUE, IOWA
MARDE PLACE 2
vo N9. CP
VdA
row � \
� � �'P �•t�6 t�° � �\��( 226
A L
m r
r Lp
POINT OF BEGINNING
SOUTHWEST CORNER
OF LOT 176
PROPOSED STREET VACATION
LEGEND 14,075 SQ. FT.
LOT/R.O.W. LINE
AREA TO BE VACATED
( ) RECORD DIMENSION NORTH
R.O.W. RIGHT-OF-WAY GRAPHIC SCALE
SET 5/8" IRON ROD W/ RED 0 40 80
0 PLASTIC CAP NO. 21408
FOUND 5/8" IRON ROD W/ ommm
NO CAP OR AS NOTED
(IN FEET)
DRAWING MAY HAVE BEEN REDUCED
IIW.P'C'
ARCHITECTURE
CIVIL ENGINEERING
CONSTRUCTION SERVICES
ENVIRONMENTAL ENGINEERING
LAND SURVEYING
MUNICIPAL ENGINEERING
INTEGRITY.EXPERTISE.SOLUTIONS STRUCTURAL ENGINEERING
RANSPORTATION ENGINEERIN
:11
DRAWN DMK PLAT NO. 30
CHECKED JMT PROJ. NO. 1600605
DATE 6-12-17 ISHEET 1 of #
P:\16\006\00605\DRAWINGS\SURVEY\1600605
1, 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:
That part of East 17th Street lying between Elm Street and Pine Street in the City of Dubuque, Iowa,
described as follows:
Beginning at the southwest corner of Lot 176 of East Dubuque Addition to the City of Dubuque;
Thence North 65 degrees 46 minutes 40 seconds East,along the northerly right-of-way line of East 17"'
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 17"' Street;
Thence South 65 degrees 46 minutes 40 seconds West,along said southerly right-of-way line,219.87
feet;
Thence North 23 degrees 51 minutes 08 seconds West,64.00 feet,to the point of beginning.
Containing 14075 square feet, more or less, and subject to easements,reservations,restrictions, and right-
of-way record and not of record.
INA E AREA MAP DAG IS
Masterpiece on the Mississippi ELE000EAREA G:aGRA>UiciUFERMAT—SYSTEn
E 17th Street Right of Way to Be Vacated
1750460 r
i
1798 E
1789 y ,l�; �y`�\,,yy►�, /
� � I
w � AREA TO BE VACATED
� 1
E 17TH ST \ I
E 17TH ST r
Y-
.r
1681 EASEMENT FOR HIKE/
BIKE TRAIL
1664 1675 1690 `
1665 :
1645 _ -• 1 r - �
DISCLAIMER:This inf—at—was—piled
(sing the Dubuue qArea Geographic Information System
DAGIS ),which Includes data created by beth to city of Map Prepared by:
Dubuque and Dubuque County. It Is understood that,while
the City of D,bagae and parte paticg agencies,tilAAd me "" City of Dubuque
it'ost__TentaidaccarateicboTmatienavauable,DAGIS and II1Cf1 = 60 feet l Engineering Division
ssit ppIi sdor,otwarranttheac�,TacyoT-iTer,cyofine
mfoTmation oT data contained herein. The City and participating 50 West 13th Street
age-Asshall not be held cable for any direct,indirect,incidental, F Dubuque,Iowa 52001
c,seq,entia 1,p�nitwe,oT special damages,whether fa Teseeable oT
-bi-ese-a,arising oot of the aoth—Aed oT onaothmsed ose of 60 30 0 60 Feet S Phone:(563)589-4270
tis data oT to inability to use this data oT out of any breach of
warranty whatsoenei- Fax:(563)589-4205