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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 E All-America 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 o�F DLE PLACE " \\ \ 1lp2 x F _SCHA LOT 1-2 �O�/� � • J 1.52' LOT 7 OF HAMBURG \`Pl \ �OiL O // 1� /\ 1.00' \ ADDITION WITNESS � CORNER �3 \r DET \ /1 \NO—SCALE \ (P' O F J / \ 4 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 \\ SION 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 \ S 304.720• W ^ry`�� \\\ \\y�� y BDI VISION // oC9 \ LOT 11 " ROD 5/8y \\\ 1`88.))' DETAIL 0-SCALE � O� \ \ _V\ / 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 DuB E AREA MAP DAGIS p,1Y4.c FXFF 4_]4MIXI<IXEGRnA—,aTSTIn Masterpiece on the Mississippi ALLEY VACATE `_, 2402 2311 2300 221.6 223T 2223 Ir .� 2190 723x726 2401 620 7 221.4 230 m e ' k sem. :2301 i' % 724 ' . 2308 2210 711 % /, 2125 231,7 655 720 2306 709 % 18 2313 23®4G" `% 2206 70T 714 2300 U' { 2311 105 Y. 23 SACRED HEAR , -2200 , SCHOOL BLD. / \ \ '',BE VACATED /f 71® 231.2 2222 QUEEN ST. ,706 2126 � 4 707 2300 Y 2124 2120 22 622 ' ' 618 `> t 2268 % %/ %'' 2115 2266 r! / 616 / 62® 2219 614 / T 2111 2264 61,0 21®5 2256 ; _' 607 / 616 2263 I �{ 4 �t r 623 2'01 2248 601 .. - _ 2259 2242 531 606 605 _a_h„ Aerial;Ser�vices, ir� 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