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Metx, LLC, - Vacating Petition-Alley Right-of-Way Lot 175A_Initiate Copyrighted January 3, 2018 City of Dubuque Items to be set for Public Hearing # 1. ITEM TITLE: Mefic, LLC, -Vacating Petition-Alley Right-of-Way SUMMARY: City Manager recommending that the City Council set a public hearing for January 16th, on the disposal of the property to be known as Lot 175A of East Dubuque Addition to the City of Dubuque, lowa as part of the Mefic, LLC Renovation Project at 1690 Elm Street. RESOLUTION of Intent to Vacate and dispose of City Interest in the 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 to Mefic, LLC SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for January 16, 2018 ATTACHMENTS: Description Type MebcVacating Petition-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: Vacating Petition/Alley Right of Way between Elm Street and Pine Street and Between E. 17�h Street and E. 18�h Street (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 the City Council set a public hearing for January 16�h on the disposal of the property to be known as Lot 175A of East Dubuque Addition to the City of Dubuque, lowa. 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 � D V L E �-A��6it� �-..�.-•, , l� l ��1 � Masterpiece on the Mississippi Z°°''Z°12 2013•2017 TO: Michael C. Van Milligen, City Manage FROM: Gus Psihoyos, City Engineer . SUBJECT: 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 19, 2017 INTRODUCTION This is in response to a request from Metx, LLC for the vacating of a portion of the alley right of way between 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. DISCUSSlON In October of this year, the City and Metx, LLC (METX) 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 a�eess to the Metx, LLC park'tng fots. 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. RECOMMENDATION I recommend that the area indicated by Lot 175A of East Dubuque Addition to the City of Dubuque, lowa as shown on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on January 16, 2018 per the developme�t agreement with Metx, LLC. ACTION TO BE TAKEN I respectfully request that a public hearing be held on the disposal of the property, to be known as 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. 6-18 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN THE 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 TO METX, LLC Whereas, Metx, LLC has requested the vacating and purchase of the 20 -foot Alley between EIm 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, IIW, P.C. has prepared and submitted to the City Council a plat showing the proposed vacated Right of Way of 20 -foot Alley between EIm Street and Pine Street and lying North of East 17th Street and South of East 18th Street, in the City of Dubuque, Iowa and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 175A of East Dubuque Addition to the City of Dubuque, 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 and dispose of its interest in Lot 175A of East Dubuque Addition to the City of Dubuque, in the City of Dubuque, Iowa by sale to Metx, LLC, upon the terms and conditions of the Development Agreement between the City of Dubuque, Iowa and Metx LLC dated October 12, 2017. Section 2. That a public hearing on the intent to vacate and dispose of Lot 175A of East Dubuque Addition to the City of Dubuque, in the City of Dubuque, Iowa by sale to Metx, LLC is hereby set for the 16th day of January 2018, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 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 and dispose of said real estate to be published in the manner as prescribed by law. r Passed, approved and adopted this 3rd day of January 2018. / Attest: Ke(An . Firn tahl, CMC, City Clerk 1 19 gRoy D. Buol, Mayor Index Legend Location: EAST DUBUQUE ADDITION CITY OF DUBUQUE, IOWA Proprietor: Requestor: Surveyor: Surveyor Company: CITY OF DUBUQUE CITY OF DUBUQUE CRAIG L. GEISER IIW, P.C., 4155 PENNSYLVANIA AVE DUBUQUE, IOWA 52002-2628 PHONE: (563)556-2464 NORTH• 6� S�REF'S L PSS 1.6N66 0- ' POINT OF BEGINNING NE CORNER OF LOT 172 1-12 o \.� \-o� N255 0� 105 S2yq V - / v r,11d FOR RECORDER USE PLAT OF SURVEY LOT 175A OF EAST DUBUQUE ADDITION TO THE CITY OF DUBUQUE, IOWA SOUTHERLY R.O.W. LINE E. 18th ST. LOT 1 MARDE PLACE GRAPHIC SCALE 0 40 80 I I (IN FEET) DRAWING MAY HAVE BEEN REDUCED LOT 175A 5,130�,FT. v; 0 i X10 Cci2, c5 r2" C- ,c15 5 '7112 L 61 rn NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS—OF—WAY OF RECORD AND NOT OF RECORD. 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 PLATTED BOUNDARY — — — — LOT/R.0.W. LINES R.O.W. RIGHT—OF—WAY ( ) 0 FOUND 5/8" IRON REBAR WITH NO CAP OR AS NOTED RECORDED AS 0 SET 5/8" IRON REBAR WITH RED PLASTIC CAP NO. 21408 ,01 11111111111 ///0, \0Wq IIIllnrri i CRAIG L. GEISER = �_ ,ELS 21408 ,F. 2: EPS -C tko SEP S�R NORTHERLY R.O.W. LINE E. 17th ST. SURVEYOR'S NOTES: 1. A PUBLIC UTILITY 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. 1 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 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. FOR IIW, P.C. 7 CRAIG --GET ER LICENSE . 21408 /•20. 1-7 DATE MY LICENSE RENEWAL DATE IS 12/31/2018 SHEETS 1 & 2 PAGES OR SHEETS COVERED BY THIS SEAL IIW, P.O. ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING INTEGRITY.EXPERTISE.SOLUTIONS STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING 11 DRAWN DMK PLAT NO. 29—IA-17 CHECKED JMT PROJ. NO. 1600605 DATE 12-20-17 SHEET 1 of 2 P: \16\006\00605\DRAWINGS\SURVEY\1600605 Sheet 2 of 2 SURVEYORS 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 lime 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 18th 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 , 20 18 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. FOR THE CITY OF DUBUQUE, IOWA By, Kevin 1S. Firnstahl,`City erk State of Iowa ) ) ss: County of Dubuque ) 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 written. Notary Public in the State of Iowa My Commission Expires CITY COUNCIL Dubuque, Iowa 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. Bud] Mayor of the Civ of Dubuque f .mss- KeL in S. Firnstahl Clerk of the City of Dubuque COUNTY AUDITOR Dubuque, Iowa , 20_ The foregoing plat was entered of record in the office of the Dubuque County Auditor this day of , 20_. We approve of the subdivision name or title to be recorded. Denise M. Dolan Dubuque County Auditor CITY ASSESSOR Dubuque, Iowa , 20_ The foregoing plat was entered of record in the office of the Dubuque City Assessor this day of , 20 . Richard A. Engelken Dubuque City Assessor RECORDERS CERTIFICATE Dubuque, Iowa , 20 The foregoing plat of Lot 175A of East Dubuque Addition to the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. John Murphy Dubuque County Recorder