Marquette Hall, LLC Vacating Petition for Alley Between Regent and Queen_Initiate Copyrighted
August 21, 2017
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Marquette Hall, LLC Vacating Petition for Alley Between
Regent and Queen Streets
SUMMARY: City Manager recommending that a public hearing be set
for September 5, 2017 to consider a request from
Marquette Hall, LLC to vacate a 20-foot wide alley between
Regent Street and Queen Street to facilitate development
of the former Sacred Heart School property at 2222 Queen
Street.
RESOLUTION of Intent to vacate the alley between Regent
Street and Queen Street in Sanford Subdivision, to be
knows as Lot 34A of Sanford Subdivision, in the City of
Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for September 5, 2017
ATTACHMENTS:
Description Type
Petition to Vacate Alley between Regent St and Queen City Manager Memo
St-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Vacate Plat Supporting Documentation
Area Map Supporting Documentation
THE COF Dubuque
DtUB
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City
Masterpiece on the Mississippi 1 1 1 1"
2009•2012•2013•2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Petition to Vacate Alley Between Regent Street and Queen Street, City of
Dubuque, Iowa
For Vacating Petition (Marquette Hall Revitalization Project)
DATE: August 16, 2017
In response to a request from Marquette Hall, LLC to vacate a 20 foot wide alley
between Regent Street and Queen Street in Sanford Subdivision which abuts the
Sacred Heart School property at 2222 Queen Street, City Engineer Gus Psihoyos states
that the City has no plans for the utilization of the property, except for reserving the
utility easements as noted. City Engineer Gus Psihoyos recommends that a public
hearing be set for September 5, 2017, on the disposal of this property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
ZVZISIA-�'
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 Dubuque
DUB E IRAmaleaChy
11.
Masterpiece oti the Mississippi 2007•2012•2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus ,Psiho osCit En ineew
Y Y g�
SUBJECT: Petition to Vacate Alley Between Regent Street and Queen Street, City of
Dubuque, Iowa
For Vacating Petition (Marquette Hall Revitalization Project)
DATE: August 14, 2017
INTRODUCTION
This is in response to a request from Marquette Hall, LLC for the vacating of a 20 foot
wide alley between Regent Street and Queen Street in Sanford Subdivision which abuts
the Sacred Heart School property at 2222 Queen Street.
BACKGROUND
Holy Spirit Parish plans on selling the existing school building and property to a
developer, Marquette Hall, LLC. The school building is planned to be converted into a
senior housing complex along with the possibility of a small commercial use. This will
provide affordable housing for seniors in the North End Neighborhood of Dubuque. The
school building has been vacant for the last few years except for occasional storage use
by the owner. The developer's proposed plan to convert the now vacant school building
into a senior housing apartment complex will help to avoid the building becoming a
blighting influence.
A Purchase and Sale Agreement (and Amendments 1, 2, and 3) between the City of
Dubuque, Iowa and Marquette Hall, LLC has been executed and includes the vacation
and sale of the alley to Marquette Hall, LLC in order to facilitate the site development
plan.
DISCUSSION
The attached plat shows the alley area proposed to be vacated. The abutting properties
on either side of the alley are both currently owned by Holy Spirit Church. The alley
area to be vacated is platted into one lot and is described as Lot 34-A of Sanford
Subdivision, in the City of Dubuque, Iowa. Said Lot 34-A consists of the entire alley
originally platted in this block in which several public utilities exist. Perpetual easement
rights will be reserved on the northerly portion of Lot 34-A as shown on the plat for
maintenance of the existing utilities.
With the exception of reserving public utility easements as noted, the City has no plans
for the utilization of the alley to be vacated.
RECOMMENDATION
I am recommending that a public hearing should be held on the vacation of the alley
property.
ACTION TO BE TAKEN
I respectfully request that a public hearing be held on the vacation of the alley property
(Lot 34-A of Sanford Subdivision in the City of Dubuque, Iowa) through adoption of the
enclosed resolution.
Prepared by Nate Kieffer, PLS
Cc: Crenna Brumwell, City Attorney
Maurice Jones, Economic Development Director
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. 306-17
RESOLUTION OF INTENT TO VACATE THE ALLEY BETWEEN REGENT STREET
AND QUEEN STREET IN SANFORD SUBDIVISION, TO BE KNOWN AS LOT 34-A
OF SANFORD SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Marquette Hall, LLC has requested the vacating of the alley between
Regent Street and Queen Street in Sanford Subdivision; and
Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council
a plat showing the proposed vacated 20 -foot wide alley between Regent Street and
Queen Street, and between Lots 11-19, inclusive, and Lots 31-34, inclusive, all in
Sanford Subdivision, in the City of Dubuque, Iowa and assigned a lot number thereto,
which hereinafter shall be known and described as Lot 34-A of Sanford Subdivision, 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 Lot 34-A of Sanford
Subdivision in the City of Dubuque, Iowa per a Purchase and Sale Agreement (and
Amendments 1, 2, and 3) between the City of Dubuque, Iowa and Marquette Hall, LLC.
Section 2. That a public hearing on the intent to vacate Lot 34-A of Sanford
Subdivision in the City of Dubuque, Iowa is hereby set for the 5th day of September,
2017, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at
6:30 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 said real estate to be published in the manner
as prescribed by law.
�
Passed, approved and adopted this 21st day of August, 2017.
�
Attest:
KevVYS. Firnsta , GCMG `yCity Clerk
1
c9/6,/
Roy D. Buol, Mayor
Plat of Survey (ROW Vacation) of:
Lot 34—A of Sanford Subdivision,
in the City of Dubuque, Iowa
INDEX LEGEND
Location: 20'Alley between Regent St.&Queen St.and between Lots 11
thru19&Lots 31 thru 34 inclusive all in Sanford Sub.in the City of
Dubuque,in the SW a Section 13,T89N,R3E,Dubuque County,Iowa
Requestor:Mary Lou Baal-Buesiness Manager of Holy Spirit Parish
2215 Windsor Ave.,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 PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST ST.
DUBUQUE, IOWA PHONE: (563) 556-4389
SOT LOT 1-1 \\ \ O�f/ LOT 6 OF
HAMBURG
ADDITION /
\
IP
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LOT 7 OF
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WITNESS �
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LOT 19 \ Os0 ?r- �A y F
OS LOF
HAMBURG
h01 POB SANE D \ \9 } \ ADDITION /
`r10 \ \r /
LOT 18
\ HATCHED AREA IS FOR
PUBLIC UTILITY EASE NT \ \ \� LOT 1-1-8
OF HAMBURG
// \ `rADDITION
LOT 17 \ \
LOT 31 �9
SUBDI SION
D \ \ \
\ SANF 9 \
\PO/ , 5 LOT 16 \ \
CUT—X IN y s \
LOT 32
METAL PLATE \ \ •mss, S 6'J \\
LOT 15 POLY\ \\
LOT 33
S(rf ry1 LOT 14
P\ BDI
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Ali LOT 34
118.00' LOT 13 / /�
LOT 1 OF SACRED OJ 6 \ <v 20') ^ry (118')
HEART PLACE \ `SO- \ p �� �� SANF /
a /
FOUND HOLE FR M
PREVIOUS PLACED
PK NAIL \ \ \ Z �OO^ LOT 12
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S 304.720• W ^ry`�� \\\ \\y�� y BDI VISION // oC9
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LOT 11 N ROW / �1• \ \ \ / /
(32 ) LOT 2 OF
ED
HEART PLACE
NOTE
Comprised of: being a ROW vacation of the 20' Alley between
Regent St. & Queen St. and between Lots 11-19, inclusive, &
Lots 31-34, inclusive, all in Sanford Subdivision, in the City of
Dubuque, Iowa
LEGEND
• FOUND 1" IRON PIPE 0' 30' 60' 120'
(UNLESS OTHERWISE NOTED)
8 FOUND CUT-X SCALE: 1" = 60'
® PLACED CUT-X NOTES
O PLACED 5/8" IRON REROD W/ORANGE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
PLASTIC CAP MARKED "KOELKER 15487" 2. PROPRIETOR OF ABOVE DESCRIBED AREA: CIN OF DUBUQUE.
SURVEYED BOUNDARY LINE 3. SURVEYED REQUESTED BY: MARY LOU BAAL, BUSINESS MANAGER OF HOLY SPIRIT PARISH.
PROPERTY LINE 4. TOTAL AREA OF PERIMETER SURVEYED IS 0.141 ACRES (6,135 SF).
CENTER LINE 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
RAW— — RIGHT OF WAY LINE
IP IRON PIPE HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WASSF U ES I N G
ROW RIGHTQOFF WEAY \��\�°1tU`,IAN�//°//S��iii�� PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME ASSOCIATES INC.
OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY
,(✓,p i ENGINEERS AND SURVEYORS
/_ LICE _LAND SUR - R UNDER THE LAWS OF THE STATE OF IOWA.
V o TERRY L 1212 LOCUST ST. DUBUQUE, IA
(563) 556-4389
KOELK .0_°A
TERRY L. IOIELKER ATE) DRAWN BY: JCH CHECKED BY: TLK
PUBLIC UTILITY EASEMENT ? 15487 LICENSE NUMBER 15487 SURVEY DATE: 9/26/13 PLOT DATE: 8/14/17
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2013 DWG. NO. 1321501V SCALE: 1" = 60'
"'11111;11I�IWIP\\�����\`\\\\\ SHEETS COVERED BY THIS SEAL SHEETS 1 & 2 SHEET 1 OF 3
Sheet 2 of 3
Surveyor's Certificate
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:
Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, being a ROW vacation of the 20'Alley between Regent St. &
Queen St. and between Lots 11-19, inclusive, & Lots 31-34, inclusive, all in Sanford Subdivision, in the City of Dubuque, Iowa,
more particularly described as follows:
POB (Lot 34-A of Sanford Subdivision):
Commencing at the West corner of Lot 19 of Sanford Subdivision, in the City of Dubuque, said point being the Point of
Beginning;
Thence South 39°21'50" East(this is an assumed bearing for the purposes of this survey only) along the Southwesterly line of
said Lot 19 and also Lots 18, 17, 16 and 15 of said Subdivision, a distance of 187.39 feet to the Northwest corner of Lot 14 of
said Subdivision;
Thence South 30°54'10"West along the Northwesterly line of said Lot 14 and also Lots 13, 12 and 11 of said Subdivision, a
distance of 137.00 feet to the Northeasterly Right Of Way(ROW) line of Queen St.;
Thence North 39°31'19" West along the Northeasterly ROW line of said St., a distance of 21.23 feet to the South corner of Lot
34 of said Subdivision;
Thence North 30°54'10" East along the Southeasterly line of said Lot 34, a distance of 115.81 feet to the East corner of said
Lot 34;
Thence North 39°21'50" West along the Northeasterly line of said Lot 34 and also lots 33, 32 and 31 of said Subdivision, a
distance of 173.35 feet to the Southeasterly ROW line of Regent St.;
Thence North 50°42'54" East along the Southeasterly ROW line of said St., a distance of 20.00 feet to the Point of Beginning;
The Total Area of Lot 34-A is 0.141 acres (6,135 square feet). Lot area is, more or less, and Lot is 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.
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.
Terry L. K elker Date
Licensed Land Surveyor
License No. 15487 License Renewal Date: 12/31/2017
Owner's Consent
Dubuque, Iowa 12017
The foregoing Plat of Survey(ROW Vacation) of: Lot 34-A of Sanford Subdivision, 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.
Mayor of the City of Dubuque, IA
Clerk of the City 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 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 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
Sheet 3 of 3
City of Dubuque Planning Services
Dubuque, Iowa A �J� 2017
The foregoing Plat of Survey(ROW Vacation) of: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa was
reviewed and approved by the City of Dubuque Planning Services on the date first written above.
Laura Carstens, City Planner
City of Dubuque, Iowa
Dubuque, Iowa 12017
The undersigned, Roy D. Buol, Mayor and Jeanne Schneider, Clerk of the City of Dubuque, Iowa, do hereby certify that the
foregoing Plat of Survey(ROW Vacation) of: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, as appears
heretofore has been filed in the office of the City Clerk of Dubuque, Iowa on as resolution
and that the City Council of the City of Dubuque, Iowa approves said plat.
Mayor of the City of Dubuque, IA
Clerk of the City of Dubuque, IA
City Assessor's Certificate
Dubuque, Iowa , 2017
The foregoing Plat of Survey(ROW Vacation) of: Lot 34-A of Sanford Subdivision, 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(ROW Vacation)of: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa was
entered of record in the Office of the Dubuque County Auditor this day of 2017.
We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque, Iowa
Recorder's Certificate
Dubuque, Iowa 12017
The foregoing Plat of Survey(ROW Vacation)of: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa has been
reviewed by the Dubuque County Recorder.
Dubuque County Recorder
�pree�ct of
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DISCLAIMER:This rformati on was compiled N
sing the Dubuque Area Geographic Infarmabm on Sy Ma Prepared b
(DAGIS),which Includes data created by bath the City of P P y:
Dubuque and Dubuque County.It to understood that,while City of Dubuque
the City of Dubuque and pa rtld gating agencles utilized the
most current and accu2te Informatlon available,DAGIS and 1 inch = 100 feet W E Engineering Division
It's suppliers da"'='
ot warrant the accuracy or currency of the
Informatlon or data contained herein.The Clty antl participating 50 West 13th Street
agencles shall not be held Ilable for any direct,Indirect,Incidental, Dubuque,Iowa 52001
co sequen Gal,punitive,or special damages,whether foreseeable ar
unforeseeable,arising out of the authorized or unauthorized Xie of 100 50 0 100 Feet Phone:(563)589-4270
this data or the Inability to use thls data or out of any breach of
wortanty whetooe�er. Fax:(563)589-4205