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Vacate of Right-of-Way - E. 17th Street to METX, LLC (aka Metz, LLC)_Hearing METZ, LLC Copyrighted July 5, 2017 City of Dubuque Public Hearings # 2. ITEM TITLE: Vacate of Right-of-Way- E. 17th Street SUMMARY: Proof of publication on notice of public hearing to approve disposal of the E. 17th Street right-of-way between Elm Streets and Pine Streets to METX, LLC and the City Manager recommending approval. RESOLUTION Vacating a portion of E. 17th Street between Elm Street and Pine Street, to be known as Lot 176A Of East Dubuque Addition, in the City of Dubuque, Iowa RESOLUTION Disposing of City interest in 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 Vacating Petition 17th Street ROW-MVM Memo City Manager Memo Staff Memo Staff Memo Vacating Resolution Resolutions Disposing Resolution Resolutions 17th St Plat Supporting Documentation Proof of Publication Metz, LLC 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 (Metz Building Renovation Project) DATE: June 28, 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 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 City will retain a storm sewer, sanitary sewer, public utility, and egress easements over the entire portion of the vacated property. The City will also retain an easement for the aforementioned hike/bike path. The project will begin creating a storm sewer connection that will ultimately extend under the railroad tracks. City Engineer Gus Psihoyos recommends City Council approval to vacate a portion of the 17th Street right-of-way between Elm Streets and Pine Streets adjacent to the Metz Building at 1690 Elm Street. I concur with the recommendation and respectfully request Mayor and City Council approval. (0 JVd 1tA!q r a il�hael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer 2 THE CF Dtt� D!Uj--B E IA/AmetiCaCNy1 Masterpiece on the Mississippi z,„,,,zniz,zoia TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer �7 SUBJECT: Vacating Petition/17th Street Right of Way (Metz Building Renovation Project) DATE: June 26, 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 parties 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 plat. The City will retain a storm sewer, sanitary sewer, public utility, and egress easements 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 the vacating and disposal of Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa, LLC contingent upon the execution of a development agreement with Metx, LLC. ACTION TO BE TAKEN I respectfully request adoption of the attached resolutions vacating and disposing of Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa contingent upon the execution of a development agreement with Metx, LLC. Prepared by Deron Muehring Attach. Cc: Crenna Brumwell, City Attorney Nate Kiefer, Land Surveyor Steve Brown, Project Manager Deron Muehring, Civil Engineer 2 Prepared bv: Return to: Nate Kieffer, City of Dubuque. 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 250-17 RESOLUTION VACATING A PORTION OF E 17TH STREET BETWEEN ELM STREET AND PINE STREET, TO BE KNOWN AS LOT 176A OF EAST DUBUQUE ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Metx, LLC has requested the vacating of a portion of E 17th Street between Elm Street and Pine Street; and 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, 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 23rd day of June, 2017, the City Council of the City of Dubuque, Iowa met on the 5th day of July, 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 E 17th Street Right of Way to be known as Lot 176A of East Dubuque Addition, 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 176A of East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of July, 2017. Attest: 17/ Kevin,'S.Firnstafil, CMC, City Clerk &fi oy D. Buol, Mayor Prepared bv: Nate Kieffer, City of Dubuque. 50 W. 13th Street. Dubuque. Iowa (563) 589-4270 Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 251-17 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 176A OF EAST DUBUQUE ADDITION, 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 23rd day of June, 2017, the City Council of the City of Dubuque, Iowa met on the 5th day of July, 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 176A of East Dubuque Addition, 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 sale of City of Dubuque real property described as Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa, Metx, 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 Metx, 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 5th day of July. 2017. Attest: Kevih 8. nstahl, C C, City Clerk oy D. Buo , Mayor Index Legend IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Location: EAST DUBUQUE ADDITION Doc ID: 008659890006 Type: GEN CITY OF DUBUQUE, IOWA Kind: SURVEY PLAT Recorded: 06/23/2017 at 12:24:51 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Proprietor: CITY OF DUBUQUE File2017-00007588 Requestor: CITY OF DUBUQUE Surveyor: CRAIG L. GEISER Surveyor IIW, P.C., 4155 PENNSYLVANIA AVE Company: DUBUQUE, IOWA 52002-2628 PHONE: (563)556-2464 FOR RECORDER USE PLAT OF SURVEY LOT 176A OF EAST DUBUQUE ADDITION TO THE ` SE CORNER � CITY OF DUBUQUE, IOWA OF LOT 2 OF MARDE PLACE N65'46'40"E LOT 176A 15.40' 14,075 SQ. FT. LOT 2 MARDE PLACE OO\,�\0�� DOC. NO. 2011-11099 P p, \ -p '. \-0� 1�6 -' '� 201 �6''0 �,A 2 Aj 9 0. 'A 5 t-'4 \ 6 \ 3�� 0 Z- �\jl N l�� DATE OF SURVEY: \-O \'(\0 JUNE 19, 2017 E TOTAL AREA SURVEYED: o POINT OF Ovgv 14,075 SQ. FT. BEGINNING \ p'c NW CORNER E OF LOT 177 -' NORTH NOTE GRAPHIC SCALE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, 0 40 80 RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. LEGEND (IN FEET) PLATTED BOUNDARY DRAWING MAY HAVE BEEN REDUCED —— LOT/R.O.W. LINES R.O.W. RIGHT—OF—WAY SURVEYOR'S NOTES: ( ) RECORDED AS 1. A PUBLIC U7ILITY EASEMENT IS RESERVED FOUND 5/8" IRON REBAR OVER THE ENTIRETY OF LOT 176A. WITH NO CAP OR AS NOTED 2. AN INGRESS/EGRESS EASEMENT IS SET 5/8" IRON REBAR WITH RESERVED OVER THE ENTIRETY OF LOT 176A RED PLASTIC CAP NO. 21408 FOR THE BENEFIT OF LOT 2 OF MARDE PLACE, IN THE CITY OF DUBUQUE, IOWA. HEREBY THIS LAND SURVEYING DOCUMENT 0IIW�q ���i�� ANDTHE RELATED URVEYWORK WAS PE FORM DBYAME OR UNDER MY II♦♦ CIVIILLCNIGIN EE DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND CONSTRUCTION SERVICES SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. ENVIRONMENTAL ENGINEERING CRAIG L. FOR IIW, P.C. LMENTALVEGIN p MUNICIPAL ENGINEERING -r G E I S E I\ _ STRUCTURAL ENGINEERING INTEGRITY.EXPERTISE.SOLUTIONS O RANSPORTATION ENGINEERING LS 21408;=a; �v •/9 '/7 . CRAIG L. GEI R DATEDRAWN DMK PLAT N0. 29-IA-17 5'Cl LIA N D���SJ \`\\\ LICENSE O. 21408 MY LICENSE RENEWAL DATE IS 12/31I 012 PAGES ORDATE M N0. 1600 205 6 19-17 SHEET 1 iiIllliil SFEETS COVERED BY THIS SEAL P:\16\006\00605\DRAWINGS\SURVEY\1600605 Sheet 2 of 2 SURVEYOR'S CERTIFICATE 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: 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 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 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 z ` ,2G( 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 0, 1J � Roy D.Buol, ayor By Kevin S. tahl,City Clerk State of Iowa ) ss: County of Dubuque) r� On this day of_ 20 ,before me,a Notary Public in and for the County of Dubuque and State of I, a,personally appeared Roy D.Buol and Kevin S.Fimstahl,to me personally known who,being duly s orn 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 en. F Notary ublic in th ate of Iowa nsN' PAMELA J,McCARROM Commission ,owe My Comm.Exp. My Commission Expires '7—,1,)" CITY COUNCIL Dubuque,Iowa ,20,� 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. the Dubuque City Council approved said plat. Roy D.B Mayor of tTie City of Dubuque Kevin 9.firnstahl Clerk of the City of Dubuque COUNTY AUDITOR Dubuque,Iowa -Tune— R3 ,2017 The foregoing plat was entered of record in the office of the Dubuque County Auditor this day of wn 9- ,20_. We approve of the subdivision name or title to be recorded. r Denise .Dolan Dubuque County Auditor CITY ASSESSOR Dubuque,Iowa T. 20_ The forego plat was entered of record in the office of the Dubuque City Assessor this 21.d day of J�,_�,,,� ,20n. Richard A.Engelken Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque,Iowa ,20 f7 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 by: Deron Muehrino,City of Dubuque.50 W.13"'Street,Dubuque,IA 52001 (563)589-4270 Return to: Deron Muehring,City of Dubuque,50 W.13"'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. i oy D. Buol, Mayor Attest: Kevi6 Firns ahl`, CMC, City Clerk Revised 6/19/2017 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. 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 a {� -(SEAQ :a �r p. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION II I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher I, 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: June 23, 2017, and for which the charge is $49.18. Subscribed to before Notary Public in and for Dubuque County, Iowa, this p? day of w.�... , 20 /7 . 'i N ary Public in and for Dubuque County, Iowa. �=, MARY WESTERMEYERion Number 154885 ssion Exp.Feb.1,2020 f i f i i f C f� f I, f I i f I i r i f CITY OF DUBUQUE, RESOLUTION !, IOWA NO'.220=17 PUBLIC NOTICERESOLUTION OF,,, NOTICE' OF' ' A`I INTENT TO VACATE' PUBLIC HEARING OF AND DISPOSE;..,017 THE CITY COUNCIL CITY'.`INTEREST .IN- OF:`THE CITY OF I 17tH ST Par BE. DUBUQUE,,IOWA, ON TWEEN,ELM STREET THE INTENT TO -, AND. PINE STREET, DISPOSE OF AN j SAID..BIGHT OF'WAY INTEREST IN.CITY OF BEING''A PART OF DUBUQUE" REAL ES I CITY LOT'.176A'OFj TATE BY VACATE TO. ! EAST DUBUQUE.AD- METX,LLC, DIT PON IN THE CITY PUBLIC'NOTICE is OF DUBUQUE, IOWA hereby.given that the__ TO,"METX LLC City-Councl of the City Whereas,"Mete LLC of Dubu'quk' Iowa, will has "requested the hold a public hearing vacating of,a rportion of on the 5thfday of July, 17th Street between I 2017,at 6:00 p.m.in the Elm Street and'Pine- City-Council Chambers` Street;and at the Historic FederalWhereas,IIW,PC has- Building,350 W.6th St., p'reparetl and sub Dubuque,' Iowa, at ted to the City Council which'meeting the City a plat showing the Council �proposes to�! vacated portion"of 17th take- action` onthe Streei tetween' Elm 1 intent to dispose of an-i Streetand Pine Street, interest in City of and assigned Igt`num- Dubuque real estate,by bersthereto i.,to be vacate to Metx LLC known as Lot 176A of described as ,East Dubuque Addition, Lot ,1JA_.VfSt j In,the,City of Du�f��l{que, I D"dbG'tte d i loh;—in,' Iowa. the''Gltyr--& pubu4ue,' NOW,,THEREFORE;BE Iowa part-1 of, the I IT RESOLVED.By THE vacated portion of East CITY COUNCIL•O,F THE h Street lying,east CITYOF DIjBUQUE 17t of Elia Street and west dIOWA: 777 of Pine Street in the Section if That the City of DUbuque,lowa At"'the meeting, the City, Council will re- I City of Dubuque in ceive oral and written tends #o vacate and objections from any dispose of its interest resident or. property ' in Lot 176A of East owner of said City to Dubuque Addition in i I the above action.After the City of Dubuque, I all objections have Iowa to Metx LLC as been received and I agreed upon between considered, the City the City of Dubuque, Council may at this Iowa and Metx LLC, uu' meeting or at any Section 2. That a l adjournment thereof, public'hearing on the approve the vacate of '. .intent to vacate and the above-described dispose of Lot 176A in property Written coin .i the City of Dubuque, . ments regarding the Iowa to Metx LLC is noove public'hearings I' hereby set for the-5th rr1aY::be subrrritted to 1 day of July,2017;at the i the City Clerk's Office, Historic Federal Build. 56 W 13 Street, on or i ing,350 W. 6th Street, before said time of Dubuque, Iowa, begin- public hearing:_ ning at 6:00.p.m.,,and 1 Copies of supporting the City Clerk be and is documents for the hereby authorized and public hearings are on directed to cause a file in the City Clerk's notice of ,public Office and may be hearing on the intent to viewed during normal vacate•and dispose of working hours. said real estate to be Any visual or hearing published in the impaired persons need- manner as prescribed ing special assistance bylaw. orpersons with special Passed,approved and accessibility needs adopted this 19th day should contact the City of June,2017. Clerk's Office at (563) Roy D.Buol,Mayor 589-4100 or TDD/TTY Attest (563)690-6678 at least KevIn,S,.FirnstAbl; 48 hours,prior to the CMC;City Clerk'"' ' ' meeting. I It 6/23 gated this 23rd day of --- June,2017. { Kevin S.Firnstahl City Clerk of Dubuque, i Iowa 13 i p ¢¢E ry 9 11 11 11 11 11 111 111 11 11 11 11 Doc ID: 008723430005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 10/19/2017 at 03:38:17 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File 2017-00013060 QUIT CLAIM DEED Recorder's Cover Sheet Preparer Information: (name, address and phone number) Crenna Brumwell 300 Main Street, Suite 330 Dubuque, IA 52001 Phone: (563) 589-4381 Taxpayer Information: (name and complete address) City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Return Document To: (name and complete address) City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Grantors: City of Dubuque, Iowa Grantees: Metz Development, LLC Legal Description: Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa Document or instrument number of previously recorded documents: QUIT CLAIM DEED For the consideration of One Dollar(s) and other valuable consideration, the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), does hereby Quit Claim to Metz Development, LLC, an Iowa corporation, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa This deed is exempt according to Iowa Code 428A.2(6). 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. Dated: October 2, 2017 J�1 Roy D. Buol, Mayor City of Dubuque, Iowa (Grantor) (This form of acknowledgment for individual grantor(s) only) STATE OF IOWA, COUNTY OF DUBUQUE On this 2nd day of October , 2017, before me, a Notary Public in and for said state, personally appeared Roy D. Buol known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. CKEVIN OMMISSION NO.75295 AHI. 4 MY . " MISS1ON EXPIRES Notary Public in the State of Iowa My Commission expires 2/12/19 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. 251-17 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 176A OF EAST DUBUQUE ADDITION, 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 23rd day of June, 2017, the City Council of the City of Dubuque, Iowa met on the 5th day of July, 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 176A of East Dubuque Addition, 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 sale of City of Dubuque real property described as Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa, Metx, 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 Metx, 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 5th day of July. 2017. Attest: Kevi irns ahl, C C, City Clerk D. Buo , 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. 250-17 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 3rd day of October, 2017. Ke l6, 'I=irnsta , CM City Clerk