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
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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.
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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
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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•
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S�REF'S L
PSS 1.6N66 0- '
POINT OF
BEGINNING
NE CORNER
OF LOT 172
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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
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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