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Approval of Plat of Survey - Lot 175A East Dubuque Addition_Metx, LLC Copyrighted January 3, 2018 City of Dubuque Consent Items # 8. ITEM TITLE: Approval of Plat of Survey- Lot 175A East Dubuque Addition in the City of Dubuque (Elm and Pine Streets) SUMMARY: City Manager recommending approval of the Plat of Survey of Lot 175A of East Dubuque Addition, that vacates a portion of the alley right-of-way between Elm Street and Pine Street and between E. 17th St. and E. 18th St., as part of the Metx, LLC Renovation Project at 1690 Elm Street. RESOLUTION Approving the Plat of Proposed Vacated Right-of-Way of the 20-foot alley between Elm Street and Pine Street and lying north of East 17th Street and south of East 18th Street, in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Mebc-Approval of Plat of Survey-NNM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Plat of Survey Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approval of Plat of Survey of Lot 175A of East Dubuque Addition in the City of Dubuque, lowa Vacating Petition/Alley Right of Way Between Elm St. and Pine St. and Between E. 17�h St. and E. 18�h St. (Metx, LLC Renovation Project) DATE: December 22, 2017 Metx, LLC is requesting the vacation of a portion of the alley right of way between Elm Street and Pine Street and between E. 17�h St. and E. 18�h St. as part of the Metx, LLC Renovation Project at 1690 Elm Street. In October of this year, the City and Metx, LLC entered into a development agreement with multiple considerations relating to the redevelopment of the Metx property at 1690 Elm Street, including the vacation of the subject alley right of way to be used for access to the Metx parking lots. The subject alley area 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 16�h Street to Gartield Avenue. The alley right of way area to be vacated to Metx will need to be platted. The City will retain a utility easement over the entire portion of the vacated property and will also retain an easement for the hike/bike path. The City will also reserve an ingress and egress easement for Alliant Energy, who owns the property at 455 E. 17�h Street, which will allow them to access their property. City Engineer Gus Psihoyos recommends City Council approval of the Plat of Survey of Lot 175A of East Dubuque Addition. 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 Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer 2 THE CITY OF Dubuque � ��r�sIry UB E �� , .��, I 1 Masterpiece on the Mississippi Z°°''Z°t2 ZOl3•2017 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer viy� .J '' SUBJECT: Approval of Plat of Survey of Lot 175A of East Dubuque Addition in the City of Dubuque, lowa Vacating Petition/Alley Right of Way Between Elm St. and Pine St. and Between E. 17t" St. and E. 18t" St. (Metx, LLC Renovation Project) DATE: December 20, 2017 INTRODUCTION This is in response to a request from Metx, LLC for the vacating of a portion of the alley right of way betwePn Elm St. and Pine St. and between E. 17t" St. and E. 18t" St. as part of the Metx, LLC Renovation Project. 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 two parking lots to the north of the building. Access to the parking lots includes a paved driveway over the public alley area. City staff is recommending the vacation of the alley right of way in order for the developer to construct the improvements on their own property. DISCUSSION In October of this year, the City and Metx, LLC (METX) entered into a development agreement with muitiple considerations relating to the redeveiopmer�t of the METX property at 1690 Elm Street, including the vacation of the subject alley right of way to be used for access to the Metx, LLC parking lots. The subject alley area 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 alley 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 utility easement over the entire portion of the vacated property. The City will also retain an easement for the aforementioned hike/bike path. The City will also reserve an ingress and egress easement for Alliant Energy, who owns the property at 455 E. 171 h Street, which will allow them to access their property. The City and METX have been working with Alliant to fully understand and accommodate their access needs. RECOMMENDA�ION I recommend that the Plat of Survey of Lot 175A of East Dubuque Addition to the City of Dubuque, lowa as shown on the att�ched pl�� b� �p��c�ved. ACTION TO BE TAKEN I respectfully request approval of the Plat of Survey of Lot 175A of East Dubuque Addition to the City of Dubuque, lowa, through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS 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. 2-18 RESOLUTION APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF THE 20 -FOOT ALLEY BETWEEN ELM STREET AND PINE STREET AND LYING NORTH OF EAST 17TH STREET AND SOUTH OF EAST 18TH STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated December 20, 2017 prepared by IIW, P.C., showing the vacated 20 - foot Alley between Elm Street and Pine Street and lying North of East 17th Street and South of East 18th Street, 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 December 20, 2017 prepared by IIW, P.C., 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. 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. Attest: Passed, approved and adopted this 3rd day of January 2018. S. -Firnsthl, CNBC, City Clerk 74 foy D. Buol, Mayor Location: Index Legend EAST DUBUQUE ADDITION CITY OF DUBUQUE, IOWA Proprietor: CITY OF DUBUQUE Requestor: CITY OF DUBUQUE Surveyor: Surveyor Company. CRAIG L. GEISER IIW, P.C., 4155 PENNSYLVANIA AVE DUBUQUE, IOWA 52002-2628 PHONE: (563)556-2464 ii 11111iii iiiii ii ii ii iiiiiiii i ii iiia i ii ii i ii u i ii Doc ID: 008762730006 Type: GEN Kind: SURVEY PLAT Recorded: 01/05/2018 at 02:18:22 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2018-00000191 FOR RFCORDFR USE PLAT OF SURVEY To.�> NORH , R• LOT 175A OF EAST cc_ -c L' DUBUQUE ADDITION TO THE SSR , - CITY OF DUBUQUE, IOWA EPSP 1$�N ‘A66.`-'" ,,,_.0' POINT OF BEGINNING NE CORNER OF LOT 172 \12 SOUTHERLY R.O.W. LINE E. 18th ST. GRAPHIC SCALE 0 40 80 LOT 1 MARDE PLACE (IN FEET) DRAWING MAY HAVE BEEN REDUCED u. 0 LOT 175A 5,130 . FT. 1:\ NOTF THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS—OF—WAY CP OF RECORD AND NOT OF RECORD. 61. LOT 2 MARDE PLACE DOC. NO. 2011-11099 SE CORNER OF LOT 2 OF MARDE PLACE WESTERLY LINE OF MARDE PLACE DATE OF SURVEY: DECEMBER 20, 2017 TOTAL AREA SURVEYED: 5,130 SQ. FT. LEGEND 566•Ik6��15°` PLATTED BOUNDARY — — — — LOT/R.0.W. LINES R.O.W. RIGHT—OF—WAY ( ) RECORDED AS FOUND 5/8" IRON REBAR WITH NO CAP OR AS NOTED O SET 5/8" IRON REBAR WITH RED PLASTIC CAP NO. 21408 ,„,muni,,, \ 0 W,q )1F,.-°'°"" , CRAIG L. - FOR IIW, P.C. GEISER = o - P C 0;LS 21408;>; /,///Se�innlA.. N 0°, .)�\\`\` v �6a:0 A • S*RN''�( -o. NORTHERLY R.O.W. UNE E. 17th ST. SURVEYOR'S NpTEL%� 1. A PUBLIC U11LITY AND BIKE TRAIL EASEMENT IS RESERVED OVER THE ENTIRETY OF LOT 175A. 2. AN INGRESS/EGRESS EASEMENT IS RESERVED OVER THE ENTIRETY OF LOT 175A FOR THE BENEFIT OF LOT 2 OF MARDE PLACE, IN THE CITY OF DUBUQUE, IOWA. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED IIw. PC. AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY ♦ . DIRECT PERSONAL SUPERVISION AND THAT! AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. CRAIG 4. GEISER LICENSE V. 21408 /2.20.11 DATE MY UCENSE RENEWAL DATE IS 12/31/2018 PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 & 2 II ARCHITECTURE CML ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING NAND SURVEYING MUNICIPAL ENGINEERING INTEGRITY.EXPERTISESOLUTIONS STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING DRAWN DMK PLAT NO. 29—IA-17 CHECKED JMT DATE 12-20-17 SHEET 1 of 2 P:\16\006\00605\DRAWINGS\SURVEY\1600605 PROJ. NO. 1600605 3V° o c E„J,,,«. Sheet 2 of 2 SURVEYOR'S CERTIFICATE I, 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 175A of the East Dubuque Addition to the City of Dubuque, Iowa, part of the vacated portion of a 20 -foot alley between Elm Street and Pine Street and lying north of East 17th Street and south of East 18th Street, more particularly described as follows: Beginning at the northeast corner of Lot 172 of said East Dubuque Addition; Thence North 66 degrees 02 minutes 09 seconds East along the southerly right-of-way line of East 18`h Street, 20.00 feet; Thence South 23 degrees 43 minutes 03 seconds East along the westerly line of Marde Place in the City of Dubuque, Iowa, 256.46 feet to the northerly right-of-way line of East 17"' Street; Thence South 65 degrees 46 minutes 40 seconds West, along the northerly right-of-way line, 20.00 feet; Thence North 23 degrees 43 minutes 03 seconds West, 256.55 feet to the Point of Beginning. Containing 5,130 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 January 3 .2018 The foregoing plat of Lot 175A 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. State of Iowa ) ) ss: County of Dubuque ) FOR THE CITY OF DUBUQUE, IOWA By(� ���-, Roy D. Bu `, Mayor By Kevi . Firnstahl,1City ' erk On this 3rd day of January , 2018, before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known who, being duly sworn 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 ritten. e6.446/ Notary Public in the fate of Iowa PAMELA J.McCARRON Commission Number 772419 My Comm. Exp. . —ZDID Dubuque, Iowa My Commission Expires CITY COUNCIL 75Z/9M January 3 , 20 18 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. 2-18 the Dubuque City Council approved said plat. Roy D. Buol Mayor of the Ci of Dubuque Ke in Firnstahl Clerk of the City of Dubuque v COUNTY AUDITOR Dubuque, Iowa atm 6+. 5 , 20'8 The forgoing plat was entered of record in the office of the Dubuque County A aji4 this, `yam. day ofA aAIJAA ,2011\� .. •:•. i�/_' • / LI.t a +4 ,, - 1';, ' c•:D We approve of the subdivision name or title to be recorded. twist. M. Denise M.TDolan Dubuque County Auditor CITY ASSESSOR 7 r,. Dubuque, Iowa l— 5 . 20L8 The foregoing plat was entered of record in the office of the Dubuque City Assessor this J`*— day of _I prUWIL.20a Richard A. Engelken Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque, Iowa .� (I Vl S . 208 The foregoing plat of Lot 175A of East Dubuque Addition to the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. l) Inv\ &A,vok.,l John Mdrphy 16 J Dubuque County Recorder Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13t 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. 2-18 RESOLUTION APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF THE 20 -FOOT ALLEY BETWEEN ELM STREET AND PINE STREET AND LYING NORTH OF EAST 17TH STREET AND SOUTH OF EAST 18TH STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated December 20, 2017 prepared by IIW, P.C., showing the vacated 20 - foot Alley between Elm Street and Pine Street and lying North of East 17th Street and South of East 18th Street, 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 December 20, 2017 prepared by IIW, P.C., 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. 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 3rd day of January 2018. Attest: rAer f Key S. Irnst. I, C C, City Clerk oy D. Buol, Mayor 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. 2-18 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 4th day of January, 2018. ' e fw °ivy .• 4 i.°ice �s • • • r • KeviryS. irnsta City Clerk