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Marquette Hall, LLC Vacating Petition for Alley Between Regent/Queen Streets_Sacred Heart_Hearing Copyrighted September 5, 2017 City of Dubuque Public Hearings # 1. ITEM TITLE: Marquette Hall, LLC Vacating Petition for Alley Between Regent and Queen Streets SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Marquette Hall, LLC to vacate a 20-foot wide alley between Regent Street and Queen Street to facilitate revitalization of the former Sacred Heart School property at 2222 Queen Street and the City Manager recommending approval. RESOLUTION Vacating the alley between Regent Street and Queen Street in Sanford Subdivision, to be known as Lot 34A of Sanford Subdivision, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Vacating Petition for Marquette Hall Revitalization City Manager Memo Project-MVM Memo Staff Memo Staff Memo Area Map Supporting Documentation Recorded Vacate Plat Supporting Documentation Resolution Resolutions 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: Vacating Petition (Marquette Hall Revitalization Project) DATE: August 24, 2017 A request has been received 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 (platted as Lot 34-A). 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, and recommends the City Council vacate Lot 34-A of Sanford Subdivision. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CDUB DUUB--.W-- ANAnvica�}1 Masterpiece on the Mississippi 2007•2012•2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer f SUBJECT: Vacating Petition (Marquette Hall Revitalization Project) DATE: August 21, 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 the vacating of Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa. ACTION TO BE TAKEN I respectfully request that the vacating of Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa be approved through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS Cc: Crenna Brumwell, City Attorney Maurice Jones, Economic Development Director 2 Prepared bv: Return to: Nate Kieffer. Citv of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (5631589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 314-17 RESOLUTION VACATING 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, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated August 14, 2017 prepared by Buesing and Associates, Inc., describing the proposed vacated alley 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 25th day of August, 2017, the City Council of the City of Dubuque, Iowa met on the 5th day of September, 2017, at 6:30 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 alley between Regent Street and Queen Street to be known as Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, 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 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of September, 2 4. Attest: Kevin`S. Firn"stahl GMC, City Clerk pty D. Buol, Mayor 1 �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 Plat .o f Survey (ROW Vacation) of: Lot 34—A of Sanford Subdivision, Doe ID: in the City of Dubuque, Iowa Kind: SURVEY8PLA040005 Type: GEN INDEX LEGEND Recorded: 08/25/2017 at 01:59:44 PM Fee Amt: $27.00 Page 1 of 5 Location: 20'Alley between Regent St.&Queen St.and between Lots 11 Dubuque County Iowa thru19&Lots 31 thru 34 inclusive all in Sanford Sub.in the City of John Mu rphv Recorder Dubuque,in i Section T89N, Dubuque Iowa Reuestor:MaryLou Baal-Buesiness Manager of Hol Spirit Parish File 2215 Windsor Ave.,Dubuque,IA 52001 2017-00010609 1 0OO1OLOV Surveyor: Terry L.Koelker Company:Bussing&Associates,Inc. 1212 Locust St.,Dubuque,IA 52001 Return To:tlkoelker@buesing.com (563)556-4389 PREPARED BY: BUESING&ASSOCIATES ADDRESS: 1212 LOCUST ST. DUBUQUE,IOWA PHONE: (563)556-4389 LOT 6 OF <,0 LOT 1-1 \\ \ 0,f/ HAMBURG / ADDITION PLpCE 1.5"IP \ \ 592 x F LOT 1-2 qp;/, ' \0.89' 1.52' /k.4p 1g1 \y \\ G�� LOT 7 OF(1.347 P&, / \/ \ 0h i \ \ HAMBURG \ i> / //\ 1MT.00 NESS\ s \ ADDITION \�0� O�?� \ CORNER DETA\ Aja / O \NO-SCALE-oe OHO 5J �0 O?�0? / ��� , LOT 19LOT fir? •/ LOT 2-8 OF I�FO �0400�5 / ��G��; / \ \'A °sHAMBURG / em POB SANE D \ \9 \ ADDITION / LOT 18AREA IS PUBL EDUTILIITY EASE R CNT \\ \\ / LOT 1-1-8 O ADDITION HAMBURG \ \ \ �� LOT 17 \ \ \ LOT 31 �� \ \ \ SANE D SDBD/ SION r \ \\ \�O � LOT 16 \ \\ CUT-X IN METAL PLATE\ ?If, LOT 32 LOT 15 \ I LOT 33 / 7 \ Q \\ SVBDI S/0 �A' LOT 14 lromoi. �i \ LOT 34 0 / LOT 1 OF SACRED 'ro$J 'A^^ry 1(1 LOT 13 / / /0� HEART PLACE \\ `rOJ\ \ „O �� K"' SANE FOUND HOLE FROM PREVIOUS PLACED \ \ A3 PK NAIL \ \ yLOT 12 A? S 30472' w �rym� \\ \ ���'��' BDIVISIONar'' / \` \ LOT 11 5/8"ROD \7k DETAIL 0-SCALE LOT 11 N ROW (32 LOT2 OF S CRCEEDHEA NOTE Comprised of: being a ROW vacation of the 20' Alfey 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 IRON PIPE (UNLESS"OTHERWISE NOTED) 0' 30' 60' 120' 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: CITY 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 ROW_ RIGHT OF WAY LINE 5.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. __ _ IP IRON PIPESF E FEET I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS UESING ROW RIGHT ROF WAY \\p�y��•1�L,AND�•,•%i PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME ASSOCIATES INC. OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY RNG1NdRRS AND 3URY6YORS 2 L LICENSED-LAND UNDER THE LAWS OF THS STA OF IOWA. V TERRY L ':n' ,�'"'- c? 1212 LOCUST ST,DUBUQUE.U KOELKER "0 !� (563)556-4389 • 5 TERRY L.=R LKER ATE) DRAWN BY: JCH CHECKED BY: TLK PUBLIC UTILITY EASEMENT a 15487 LICENSE N MBER 15487 SURVEY DATE: 9/26/13 PLOT DATE: 8/14/17 MY LICENSE ELDATE IS DECEMBER31, t3 DWG.N0.13215-01 VP SCALE: 1'=60' SHEETS COVERED BYTHIS SEA SHEETS &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 39021'50"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 30054'10"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 3005410"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 39021'50"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 50042'54"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. BY: B 1/y I t Terry L.K elker Date Licensed Land Surveyor License No.15487 License Renewal Date:12/31/2017 Owner's Consent Dubuque,Iowan ,2017 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 d proprietors of said real estate. - 11�,4---� XJ Mayor of t �'Vy of DubVue Clerk/of the City of Dubuque,IA State of Iowa ) County of Dubuque ) ss: On this—(ALday ofeorndidVsay ,A.D.2017,before me,the undersigned,a Notary Public in and for the State of Iowa, personally appeared Roy .Buayor and Kevin Firnstahl is the Clerk for the City of Dubuque,Iowa me personally known,who being by me duly 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 ex ted. Witness my hand and Notarial Seal on the date above written. �.+�""•, PAMELA J M C R OM Notary Public in and the State of Iowa Commission Number 772419 +' My Comm.Exp.A--5-2CJi Sheet 3 of 3 City of Dubuque Planning Services Dubuque, Iowa IA�• �s 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 �`� `'� ,2017 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 f/'i as resolution and that the City Council of the City of Dubuque, ow proves said plat. D&/ -C Mayor of t ' of Dubuque,IA Clerk o e i y of Du uque,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 buque,IA County Auditor's Certificate Dubuque,Iowa r 1`.,2017 a. The foregoing Plat of Survey(ROW Vacation)of:Lot 34-A of Sanford Subdivision,in the',q ity o1 t�vcye,Iowa was. entered of record in the Office of the Dubuque County Auditor this a S day.o —,° 017. We approve of the subdivision name or title to be recorded. County AU t j' �tbuque;louua fill Recorder's Certificate A Dubuque,Iowa ttiUQU�t ",2017 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 ountyRecorder Q r � a. Prepared by: Nate Kieffer,City of Dubuque,50 W.13'"Street,Dubuque,IA 52001 (563)589-4270 Return to: Nate Kieffer,City of Dubuque,50 W.13'"Street,Dubuque,IA 52001 (563)589-4270 RESOLUTION NO. 293-17 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN REGENT STREET AND QUEEN STREET IN SANFORD SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated August 14, 2017 prepared by Buesing and Associates, Inc., showing the 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, to be known as Lot 34-A of Sanford Subdivision, 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 August 14, 2017 prepared by the Buesing and Associates, Inc., 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 of Dubuque reserves a perpetual public utility easement over a portion of said Lot 34-A, as shown on the plat thereof, including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining public utilities and appurtenances. Section 3. 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 21 st day of August, 2017. t4l P, &V/ oy D. Buol, Mayor Attest: Kevin 8. Firnstahl, CMC, City Clerk 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, 1 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. 293-17 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 22nd day of August, 2017. Kevin . Firnstahl, WC, City Clerk 01 4 ��R;v9ai S$txlAl. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher 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: August 25, 2017, and for which the charge is $48.41. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this t,/3 day of - , 20 /7 . otary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 CITY OF DUBUQUE, IOWA. - PUBLIC r .NOTICE is hereby' , given ,Mat, the ;1 City Councifof the City'', of Dubuque, Iowa, will hold a public hearing on the 5th day I of September„.- 2017 . at 6:00 p.ni. in the:HiStorie Federal Building, 350. West : 6th - Street, second floor, Dubuque,. Iowa,at which. meeting the City', Council proposes to disposeof an interest. in the.' following described fOlt13f0P0fiY'159:,.04,tk tftIMaredettellall;;;KpiN 20 -foot wide aIey between ' Regent Streetk-1 land Queen Street, and between'i Lots 11-19, I inelosive, 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 ,, des- teibed,las: Lot, 34.A 01 Sanford -SubdiAioft,th he City of Dubuque , Iowa At the meeting, the City -Council will 're- ceive _bra! , and written comments_ from any resident or property owner of said City,,, to the - -above - action. . Written comments re- garding the above: „Oublic.-hearing may ,be `submitted to the' City Clerk's Office, City Hall, 50'W. 13th Street; on or before' said time -1 of ,public hearing. Copies of .Supporting. document, • for the public _ hearing's , are, on file :in the -City' Clerk's Office,..- and 'maybc - viewed during normal working hours. Any visual or hearing impaired persons need- ing special assistance or ,person's witiftspecial , accessibility needs should contact the City, - Clerk's. r Office at (563) 589-4100 or TTY 563) 690-6678 at least '.48 hours prior to _ the meeting. Dated this 25th day, of I August, 2017. Kevin S. Firnstaht,, : CMC, City Clefk RESOLUTION ' NO. 30647 - RESOLUTION OF ' INTENT TO _VACATE r THE ALLEY BETWEEN REGENT STREET pm QUEEN STREET IN SANFORD SUBDIVI- SION;L:T(rGBYKNOWNi AS T-,LOT:044A 4IOF. I SANFORD SUBDIVI- SION, ;Iii THE CITY OF litgiuQug;KOWIV,' Whereas, Marquette Hall, LLC haftrequested. the , vacating of , the ' alley betWeeril;Regent Street , and Queen ' Street in Sanford Sub- division; and Whereas; Buesing: & Associates; Inc.'. has eptPergtaorethde'!:CiiitdY, :,psupbomacitt-12, a plat 'sr i theP litietreetio 4rict kfile*3-$1tr,. n Lots 34, nclusive, all in Sanford Subdivisiou in the City of Dtibdque, Iowa. and assigned , lot - ,rit.ithpee4t4t00; be "and des- cribed as Let 34-A of Sanford Subdivision,in the City Of Dubuque; t, 19Wa.,. • ' IL,HOw,TH-tHgFQRP,'Bc, IT RESOLVED BY THE CITY ,COUNCIL 01 THE CITY OF DUBUQUE, IOWA: Section 1. That' the City of Dubuque in- tends to vacate Lot 34- A of Sanford .Sub- division 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 hgaring on the LittOntito vacath lot 34- , A of tSanford Subdivi- sion ',-jo the City Of liereby,rDubuque, iowa l'set for the 5th )day r of September, 2017, at the Historic Federal Building, 350 W. 6th Street, ,Dubu-. Otte, Iowa, beginning 6:30 p.m., and the City Clerk be and is hereby authorized and direct- ed to cause a notice of public ;hearing on the intent to vacate said real estate to be publiShetl in the man- ner iaw.':, as 1prescribed by Passed, approved and adopted this 21st day of August, 2017. Roy ID. BOol, Mayor Attest: Kevin S. "--iFifhStaf,t CityClerkIt 8/25 111 11 V 11 111 iemu II 11 11 r 11 Doc ID 008771230008 Type GEN Kind: RESOLUTION Recorded: 01/24/2018 at 02:56:22 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder F11e2018-00000949 RECORDER'S COVER SHEET RESOLUTION 87-17 AND RESOLUTION 314-17 Preparer Information: City of Dubuque, Iowa, 1300 Main Street, Dubuque, Iowa 52001 Phone: (563) 589-4281 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Kevin S. Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001 Legal Description: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa Grantors: Grantees: City of Dubuque- Iowa Marra Ptte Hall I I C Document or Instrument of Previously Recorded Documents: 2017-00014407 -.11o0 Cjo Chit l(, t Prepared by: Crenna Brumwell, Esq., 300 Main St.,'Sulte 330, Dubuque, IA 52001 563-589-4381 Return to: Maurice Jones, 50 W, 13th Street, Dubuque, IA 52001 563-589-4393 RESOLUTION NO. 87-17 DISPOSING OF,AN INTEREST IN REAL PROPERTY BY DEED PURSUANT TO A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MARQUETTE HALL, LLC WHEREAS, the City Council, by Resolution No. 79-17, dated February 27, 2017, declared its intent to dispose of City interest in real property located between Queen and Regent Streets, described as: Vacated alley between Regent Street and Queen street, (the Property) as shown on Exhibit A ; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on March 6, 2017 at 6;00 p.m. in the Historic Federal building, 350 W. 6th street, Dubuque, Iowa; and IvAviHEREAS, it is the determination of the City Council that approval of the Purchase and Sale Agreement, as amended, providing for the sale of the Property to Marquette Hall, LLC according to the terms and conditions set out in the Purchase and Sale Agreement is in the public interest of the City of Dubuque. NOIN, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Purchase and Sale Agreement by and between the City of Dubuque and Marquette Hall, LLC for the sale of the Property is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property, to Marquette Hall, LLC, Section 3. The City Manager is authorized to take such action ps is necessary to carry out the terms of the Purchase and Sale Agreement. Passed, approved and adopted this 6th day of March, 2017. ATTEST: Kevin Firnstahl,City 641 k Roy D. 2 uol, JfEyor 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. 87-17 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 22nd day of January, 2018. Kevie.FirnstahlCMC, City Clerk Prepared bv: Return to: Nate Kieffer. Citv of Dubuque. 50 W. 13th Street. Dubuaue. IA 52001 (5631589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 314-17 RESOLUTION VACATING 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, there has been presented to the .City Council of the City of Dubuque, Iowa, a plat dated August 14, 2017 prepared by Buesing and Associates, Inc., describing the proposed vacated alley 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 25th day of August, 2017, the City Council of the City of Dubuque, Iowa met on the 5th day of September, 2017, at 6:30 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 alley between Regent Street and Queen Street to be known as Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE 1-r RESOLVED BY THE 1.,11 T COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of September, 2�, moi_ p6y D. Buol, Mayor Attest: KeviS. Firn"stahl, GMC, City Clerk 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. I do further state that the hereto attached Resolution No. 314-17 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 22nd day of January, 2018. Kevin S. Firnstahl, CMC, City Clerk Number: 201700014407 Recorded: 11/21/2017 at 10:01:41.0 AM Fee Amount: $17.00 Revenue Tax: $0.00 JOHN MURPHY RECORDER Dubuque County, Iowa 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: M.rgi ette Hall, LL(' Iv.c.a� tAi.JLw 1 Legal Description: Lot 34-A of Sanford Subdivision, 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 Marquette Hall, LLC, an lowa corporation, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa (Vacated alley between Regent Street and Queen Street) This deed is exempt according to lowa 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: t Roy 1. Buol, Mayor Ci y of Dubuque, lowa (Grantor) (This form of acknowledgment for individual grantor(s) only) STATE OF IOWA, COUNTY OF DUBUQUE On this It day of .pk-onAttf , 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. JENNIFER NI, GRIFFIN Commioalon Numb r 7j3874 aly Comm, Exp, AVMS_ My Commission expires V1\0IV1$ Kevin Firnstahl From:Jennifer Griffin Sent:Monday, January 22, 2018 11:07 AM To:Nicholas L. Burkhart; Teresa Kool Cc:Crenna Brumwell; Kevin Firnstahl; Jill Connors; Nate Kieffer Subject:RE: Marquette Hall - Quit Claim Deed \[SPVG-LIB1.FID1057836\] Teresa: Please advise on the status of recording. Thanks, Jenny From: Nicholas L. Burkhart \[mailto:nburkhart@sandbergphoenix.com\] Sent: Monday, November 06, 2017 11:22 AM To: Teresa Kool <teresakool@blackhawkabstract.com> Cc: Crenna Brumwell <Cbrumwel@cityofdubuque.org>; Kevin Firnstahl <Kfirnsta@cityofdubuque.org>; Jennifer Griffin <Jgriffin@cityofdubuque.org> Subject: RE: Marquette Hall - Quit Claim Deed \[SPVG-LIB1.FID1057836\] Teresa, Can you please advise on this, and the status of recording on the deed for the other parcel? Thank you, Nick Nicholas Burkhart 600 Washington Ave., 15th Floor Saint Louis, Missouri 63101 nburkhart@sandbergphoenix.com Tel: 314-231-3332 | Direct: 314-446-4326 | Fax: 314-241-7604 www.sandbergphoenix.com CONFIDENTIALITY NOTICE: This e-mail message and any attachments are confidential, and may contain information that is privileged, attorney-client communication or work product. If you have received this communication in error, please immediately notify the sender at 314-231-3332 or by reply e-mail, and delete this e-mail message and any attachment(s) from your system. From: Jennifer Griffin \[mailto:Jgriffin@cityofdubuque.org\] Sent: Wednesday, November 01, 2017 10:31 AM To: Nicholas L. Burkhart; Teresa Kool Cc: Crenna Brumwell; Kevin Firnstahl Subject: RE: Marquette Hall - Quit Claim Deed \[SPVG-LIB1.FID1057836\] The original Quit Claim Deed and accompanying resolutions (a copy of which is attached) was mailed to Black Hawk County Abstract and Title. The Deed has not been recorded. Will you take care of that? If you need the City to record, please send the originals back to us at 300 Main Street, Suite 330, Dubuque, IA 52001. Thanks, 1 Jenny From: Nicholas L. Burkhart \[mailto:nburkhart@sandbergphoenix.com\] Sent: Thursday, September 14, 2017 1:26 PM To: Crenna Brumwell <Cbrumwel@cityofdubuque.org> Cc: Jennifer Griffin <Jgriffin@cityofdubuque.org>; Teresa Kool <teresakool@blackhawkabstract.com>; Heather R. Tegtmeier <htegtmeier@sandbergphoenix.com>; James C. Neeld <jneeld@sandbergphoenix.com> Subject: Marquette Hall - Quit Claim Deed \[SPVG-LIB1.FID1057836\] Crenna, We’re still waiting on the executed copy of the City’s Quit Claim Deed for the alleyway. Has the original been sent to Teresa at Black Hawk County Abstract & Title? If not, can you please coordinate and send me a copy. Our client’s lender will need a copy of the executed deed before authorizing closing. If you have any questions, please don’t hesitate to call me directly at 314-446-4326. Thank you, Nick Nicholas Burkhart 600 Washington Ave., 15th Floor Saint Louis, Missouri 63101 nburkhart@sandbergphoenix.com Tel: 314-231-3332 | Direct: 314-446-4326 | Fax: 314-241-7604 www.sandbergphoenix.com CONFIDENTIALITY NOTICE: This e-mail message and any attachments are confidential, and may contain information that is privileged, attorney-client communication or work product. If you have received this communication in error, please immediately notify the sender at 314-231-3332 or by reply e-mail, and delete this e-mail message and any attachment(s) from your system. Click here to report this email as spam. 2 Kevin Firnstahl From:Jennifer Griffin Sent:Monday, January 22, 2018 11:06 AM To:Kevin Firnstahl; Jill Connors Cc:Maurice Jones; Nate Kieffer; Tracey Stecklein; Crenna Brumwell Subject:RE: resolutions Marquette Hall Attachments:RE: Marquette Hall Closing \[SPVG-LIB1.FID1057836\]; RE: Marquette Hall - Quit Claim Deed \[SPVG-LIB1.FID1057836\] The first attachment is the email from Black Hawk Co Abstract & Title requesting the originals of the executed Quit Claim Deed and accompanying resolutions. The second email is a follow-up from Nick Burkart asking the status of recording. I’ll respond to that email and ask if there’s anything further that the City needs to do. Thanks, Jenny From: Kevin Firnstahl Sent: Monday, January 22, 2018 10:30 AM To: Jill Connors <Jilconno@cityofdubuque.org> Cc: Maurice Jones <Mjones@cityofdubuque.org>; Nate Kieffer <Nkieffer@cityofdubuque.org>; Tracey Stecklein <Tsteckle@cityofdubuque.org>; Jennifer Griffin <Jgriffin@cityofdubuque.org>; Crenna Brumwell <Cbrumwel@cityofdubuque.org> Subject: RE: resolutions Marquette Hall Jill, I’m including Legal here for anything they can offer. I spoke with Nate. The Recorder’s site shows the deed and cover sheet were recorded. The instrument number is unusual here as it’s not a sticker and doesn’t show the number of pages recorded. The Disposing Resolution 87-17 should have been included. My Laserfiche and originals show I provided a certified of both 87-17 and 314-17 but they don’t show as recorded. If needed, we could do an affidavit to add at least 87-17 disposing resolution. We could also add 314-17 vacating if that helps the abstract company. As I mentioned, we usually don’t record vacating resolutions. I’ll let you know. Thanks. Kevin From: Jill Connors Sent: Friday, January 19, 2018 11:21 AM To: Kevin Firnstahl <Kfirnsta@cityofdubuque.org> Cc: Maurice Jones <Mjones@cityofdubuque.org>; Nate Kieffer <Nkieffer@cityofdubuque.org> Subject: resolutions 1 Kevin, I got a call from Roxanne from Blackhawk Abstract & Title in regards to resolution 87-17 and 314-17. She indicated these resolutions need to be recorded. These were engineering agenda items, so I’m not fully informed. Can you help answer whether we should be recording these or if the Title company should? Jill M. Connors, MPA Economic Development Project Coordinator City of Dubuque, Iowa 50 W. 13th Street Dubuque, IA 52001 563-589-4213 (direct) 563-589-4393 (main) jilconno@cityofdubuque.org 2 411111111111111111111111311111111111111111111 Doc ID 008787470005 Type GEN Kind: RESOLUTION Recorded: 03/09/2018 at 04:02:42 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2018-00002409 Doc ID: 008771230008 Type GEN Kind: RESOLUTION Recorded: 01/24/2018 at 02:56:22 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder F11e2018-00000949 RECORDER'S COVER SHEET RESOLUTION 87-17 AND RESOLUTION 314-17 Preparer Information: City of Dubuque, Iowa, 1300 Main Street, Dubuque, Iowa 52001 Phone: (563) 589-4281 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Kevin S. Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001 Legal Description: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa Grantors: Grantees: City of Dubuque, Iowa Marquette Hall, LLC Document or Instrument of Previously Recorded Documents: 2017-00014407 The attached Resolution No. 87-17 is being re-recorded to include the Exhibit A which is referenced on the first page, in the first "WHEREAS" of the Resolution. (',+m i'Qr✓IL Prepared by: Crenna Brumwell, Esq., 300 Main St., Suite 330, Dubuque, IA 52001 563-589-4381 Return to: Maurice Jones, 50 W. 13th Street, Dubuque, IA 52001 563-589-4393 RESOLUTION NO. 87-17 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED PURSUANT TO A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MARQUETTE HALL, LLC WHEREAS, the City Council, by Resolution No. 79-17, dated February 27, 2017, declared its intent to dispose of City interest in real property located between Queen and Regent Streets, described as: Vacated alley between Regent Street and Queen street, (the Property) as shown on Exhibit A ; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on March 6, 2017 at 6:00 p.m. in the Historic Federal building, 350 W. 6th street, Dubuque, Iowa; and WHEREAS, it is the determination of the City Council that approval of the Purchase and Sale Agreement, as amended, providing for the sale of the Property to Marquette Hall, LLC according to the terms and conditions set out in the Purchase and Sale Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Purchase and Sale Agreement by and between the City of Dubuque and Marquette Hall, LLC for the sale of the Property is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property, to Marquette Hall, LLC. Section 3. The City Manager is authorized to take such action as is necessary to carry out the terms of the Purchase and Sale Agreement. Passed, approved and adopted this 6th day of March, 2017. ATTEST: Kevin S. 41#- erk irnstah , City Roy D. BuoI,P ayor 2 STATE OF IOWA CERTIFICATE of tfie CITY CLERK ) SS: COUNTY OF DUBUQUE ) 1, 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. 87-17 including the Attachment A 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 8th day of March, 2018. ;,",�`, ,°%pe rte`•. +� Ps ,O a fie aJ Oe 1. 3 e . (Sg4 ° a . i ,#° i, e 4. • rs Ke n Firnstahl, C C, City Clerk EXHIBIT A Plat of Survey (ROW Vacation} o€. Lot 34-A of Sonford Subdivision, in the City of Dubuque, Iowa Comprisod of: being a ROW vacation of the 20' A:ley between Regent moi. & Cusen St. end betoeen lots 11-19, inclusive, & Lotz 31-34, inclusive, all in Sonford Subdivision, to the City of Dubuque, Iowo • fF atC►.0 t C'J.C4^4$ ACM= 313 WOW s7. IkA• A+A 3. 159 M3-00 110 3A1E1 4 1.40113 N 133 344. /VI 3%23D 33. ,tri. WV I?4I rn'1 O • AN. cSwat.8.11 E 017 CO AM:4141 •� r • • • 441 !1 u4 13 • • ti 1144 Y.N • \ • 4a 'i 2.\ trn I rI VIA4( a Art \ n 1 l\ %\ \ 141 4.1 • VW 13 SUBDt 40°7 tot V rf g2: rte,. \ / tat S • 444G1e tlLMtt rtA7( ti LC/ 11 131 NOW (12 SF) • H 0 o to 34.111 a 444 OP_ iau: 3 amnra 1171U$ 1300 hee14. ItN= t**44`Wr sk, "°it Ntt *tt 13 4r 4t*.043(6 liveVNY 41c 4113.13n•4441 3 48.11..44 8.11.4.4 NOV et 4444 CY. AIN •py sccuar tut 41113 co. 4R1 44.4314 4, yt]a4r Nnws 7 / I 1a s Lot 1 er 7woo,.�� tPr 447 d 30' fe. .J S'.3a L 1' + by 4. 4 40a414!4143 AQ' IN 4¢r 40 6IY44: two 3 "urn N OP '1418 UsOIKN 4 P4• .4 8IVRt. 3 744W4* Nr&AY•ta i4 vat' is* Nut. Wssr»s Na4azt 7 40.4 Aar a.a4W • 70444 4a;a 1 4(,444444 74444+41414 a 141 .8144 WAS 43 1 1444 31.1.1 4/1.1.1.. W. Lanor str tam OG 117! u hWCW / ivr . t4 (41.1 Isar 1141 LA U S1Ni.MS carcca n +K 1w,1m 40 13 Nnwtm iNaa(4 a.. 441 alNot.o Si w. �NG �St 4 V• .3.4•01 W HLl11'VARM. SNQ'ia0i1 MO 441. 41 a 144 W !MOM .tt14^.Y d14 F �[ 1r.e vz4444 (4 W.. .Hy NI, 1 l Ste, .4. 114 T> Aj 414}+11 do h'M t4 1461444 66 .MCC %M a 13.13 '!Al 0j/3ff1A 7f]'7 Y.1h MOP 21 OK 44 1y.8-41• 4 3444445411 14 s4 SKET 1 OF 11 1111011 11 Doc ID: 008787470005 Type: GEN Kind: RESOLUTION Recorded: 03/09/2018 at 04:02:42 PM; Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Q Fi1e2018-00002409 111.1 1111 •II iI 11 Doc ID 008794980009 Type GEN Kind: RESOLUTION Recorded: 03/28/2018 at 02:05:55 PM Fee Amt: $47.00 Page 1 of 9 Dubuque County Iowa John Murphy Recorder F11e2018-00003071 RESOLUTION 8717 AND RESOLUTION 314-17 11 r Doc ID 008771230008 Type GEN Kind: RESOLUTION Recorded: -01%24/2018 at 02:56:22 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder F11e2018-00000949 RECORDER'S COVER SHEET Preparer Information: City of Dubuque, Iowa, 1300 Main Street, Dubuque, Iowa 52001 Phone: (563) 589-4281 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Kevin S. Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001 Legal Description: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa Grantors: Grantees: City of Dubuque, Iowa Marquette Hall, LLC Document or Instrument of Previously Recorded Documents: 2017-00014407 The attached Resolution No. 87-17 is being re --recorded to include the Exhibit A which is referenced on the first page, in the first "WHEREAS" of the Resolution. Being re-recorded again to include the full document. Replaces Instrument #2018-2409 and #2018-949. cd„1 (lb( !Li/ foo ,,CPI�� Prepared by: Crenna Brumwell, Esq., 300 Main St, Suite 330, Dubuque, IA 52001 563-589-4381 Return to: Maurice Jones, 50 W. 13th Street, Dubuque, IA 52001 563-589-4393 RESOLUTION NO. 87-17 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED PURSUANT TO A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MARQUETTE HALL, LLC WHEREAS, the City Council, by Resolution No. 79-17, dated February 27, 2017, declared its intent to dispose of City interest in real property located between Queen and Regent Streets, described as: Vacated alley between Regent Street and Queen street, (the Property) as shown on Exhibit A ; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on March 6, 2017 at 6:00 p.m. in the Historic Federal building, 350 W. 6th street, Dubuque, Iowa; and WHEREAS, it is the determination of the City Council that approval of the Purchase and Sale Agreement, as amended, providing for the sale of the Property to Marquette Hall, LLC according to the terms and conditions set out in the Purchase and Sale Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Purchase and Sale Agreement by and between the City of Dubuque and Marquette Hall, LLC for the sale of the Property is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property, to Marquette Hall, LLC. Section 3. The City Manager is authorized to take such action as is necessary to carry out the terms of the Purchase and Sale Agreement. < Passed, approved and adopted this 6th day of March, 2017. ATTEST: &00:40rAroi tiff Kevin S. irnstahl, City ( Terk Roy D. Buol, mayor 2 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. 87-17 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 26th day of March, 2018. Keviyi8. Firnstahl, CMC, City Clerk EXHIBIT A of -r W Vara n) t 34—A of Safford SWAN* on, the City ref Dubuque, Iowa f being m- ilk. rpt L ry cv 34, inc p ramili r :11&t PO Amu png.on truro,. meta, cm, 1 UES N E € :, Prepared by: 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. 314-17 RESOLUTION VACATING 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, there has been presented to the City Council of the .City of Dubuque, Iowa, a plat dated August 14, 2017 prepared by Buesing and Associates, Inc., describing the proposed vacated alley 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 25th day of August, 2017, the City Council of the City of Dubuque, Iowa met on the 5th day of September, 2017, at 6:30 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 alley between Regent Street and Queen Street to be known as Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, 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 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of September, 2 7. Vi_ 641 y D. Buol, Mayor Attest: KeviS. Firnstahl, Gt/IC, City Clerk 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. 314-17 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 26th day of March, 2018. Kevi S. Firnstahl, CMC, City Clerk Number: 201700014407 Recorded: 11/21/2017 at 10:01:41.0 AM Fee Amount: $17.00 Revenue Tax: $0.00 JOHN MURPHY RECORDER Dubuque County, Iowa 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: Marquette Hall, LLC Legal Description: Lot 34-A of Sanford Subdivision, in the City of Dubuque, lowa 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 Marquette Hall, LLC, an lowa corporation, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa (Vacated alley between Regent Street and Queen Street) This deed is exempt according to lowa 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: Roy . Buol, Mayor Ci!y of Dubuque, Iowa (Grantor) (This form of acknowledgment for individual grantor(s) only) STATE OF IOWA, COUNTY OF DUBUQUE On this It day of AskeryOte" , 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. JENNIFER M GRIFFIN 00mmIs8lon Numb r 73B74 4y earrtm, Exp, VG Norivit „ub inn 1 of Iowa My Commission expires 1‘\tilt\Vit