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Metx, LLC, - Dispose/Vacating Petition for Alley Right-of-Way Lot 175A_Hearing ( Metz ,LLC) Copyrighted January 16, 2018 City of Dubuque Public Hearings # 2. ITEM TITLE: Mefic, LLC, -Vacating PetitionforAlley Right-of-Way SUMMARY: Proof of publication on notice of public hearing to consider approval of the vacate and 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 and the City Manager recommending approval. RESOLUTION Vacating 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 RESOLUTION Disposing of City interest in Lot 175A of East Dubuque Addition to City of Dubuque, in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type MebcVacating Petition-NNM Memo City Manager Memo Staff Memo Staff Memo Resolution Vacate Resolutions Resolution Dispose Resolutions Vacate Plat Supporting Documentation Area Map Supporting Documentation Proof of Publication 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: January 9, 2018 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 last 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 has been 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 vacating and disposal of Lot 175A of East Dubuque Addition to the City of Dubuque, lowa, through adoption of the resolutions. 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 � DU B E ������ ���� ��, I1 Masterpiece on the Mississippi 2°°''2°�Z 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. 17th St. and E. 18t" St. (Metx, LLC Renovation Project) DATE: January 4, 2018 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. 18th 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 last 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 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 �rea to be vacated to METX has been platted (see recorded plat attached). 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 the vacating and disposal of Lot 175A of East Dubuque Addition to the City of Dubuque, lowa as shown on the attached plat. ACTION TO BE TAKEN I respectfully request the vacating and disposal of Lot 175A of East Dubuque Addition to the City of Dubuque, lowa, through the adoption of the enclosed resolutions. Prepared by Nate Kieffer, PLS 2 \ �� �o� �ors i6�-i�2, i��iA.Nzs- AREA MAP � � �� zsz-z56iN �Asreur�uau� METX LLC RENOVATION VACA1�b AI,��Y TO p�AN `� o�, zoNiNG - N�iGH�pHooe s P ROJ ECT �� �c-z> � Ex. 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Dubuaue, IA 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 18-18 RESOLUTION VACATING 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 Whereas, Metx, LLC has requested the vacating and purchase of the 20 -foot AIIey between EIm Street and Pine Street and Tying 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 AIIey between Elm Street and Pine Street and Tying 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; 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 this 5th day of January 2018, the City Council of the City of Dubuque, Iowa met on the 16th day of January 2018, at 6:00 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 AIIey between EIm Street and Pine Street and lying North of East 17th Street and South of East 18th Street to be known as Lot 175A of East Dubuque Addition to the City of Dubuque, 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 175A of East Dubuque Addition to the City of Dubuque, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 16th day of J; nuary 2018 t1;:j Did T. Resnick, Mayor Pro Tem Attest: KS.Firnsahl, CMC, City Clerk a 1 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 11 11 iii 11 111111111111111 Illi IIII 111111111111 111111 Doc ID 010397450012 Type GEN Kind SPECIAL WARRANTY DEED Recorded: 11/27/2019 at 02:40:13 PM Fee Amt: $72.00 Page 1 of 12 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2019-00014962 Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below, and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto Metx, LLC, an Iowa corporation, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): TRACTI Lot 175A in East Dubuque Addition to the City of Dubuque, Iowa, according to the recorded plat thereof TRACT II Lot 1 of Marde Place in the City of Dubuque, Iowa, according to the recorded plat thereof This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 19-18 of the City Council of the City of Dubuque adopted the 16th day of January, 2018 and Resolution No. a14-($ of the City Council of the City of Dubuque adopted the 4th day of June, 2018, the terms and conditions thereof, if any, having been fulfilled. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. 1404 aol Cj Dated this as day of N©uc - , 2&18 at Dubuque, Iowa. CITY OF DUBU UE, IOWA By: Roy D. Buoy/ ayor oa (i) %d. ue r 1,0 0 *** Attest: By Kevin S. Firnstahl, City Clerk Trish L. Gleason, Asst. City Clerk STATE OF IOWA ) SS COUNTY OF DUBUQUE On this day of 1i'1/�974, 918, before*m*e a Notary Public in and for said County, personally ppeared Roy D. Buol and Kevin S. Firnstahl to me personally known, who being duly sworn, did say that they are the Mayor and CityAssistant City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Muni_cpi al Corporation by authority and resolution of its City Council and said Mayor Me tt rr acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. *** Trish Ly -Gleason, sistant City Clerk Notary Public in or Dubuque County, Iowa PAMELA J. McCARRON Commission Number 772419 My Comm. Exp.4 5 X / Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 19-18 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 175A OF EAST DUBUQUE ADDITION TO CITY OF DUBUQUE, IN THE CITY OF DUBUQUE, IOWA 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 this 5th day of January, 2018, the City Council of the City of Dubuque, Iowa met on the 16th day of January, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 175A of East Dubuque Addition to the City of Dubuque, in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 175A of East Dubuque Addition to the City of Dubuque, in the City of Dubuque, Iowa, to Metx, LLC be and the same is hereby approved, subject to the conditions of an Agreement between the City and Metx, LLC. Conveyance shall be by Special Warranty Deed. Section 2. That the Mayor be authorized and directed to execute a Special Warranty Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Metx, LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 16th day of Janu. 2018. David T. Resnic , Mayor Pro Tem Attest: 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: January 05, 2018, and for which the charge is $51.08. Subscribed to before this 9�,' day of otary Public in and for Dubuque County, Iowa, ,20/F. Notary Public in and for Dubuque County, Iowa. ,...._Ta ^ Y is VVE5T ii"itv3GYE Conr,niss;„n Ni:, „b.,r 154885 1 Mph; ..,r,n,i>.si,u; Exp F b.1, 2020 Whereas, Metx, LLC CITY OF DUBUQUE, has requested the IOWA vacating and purchase OFFICIAL NOTICE of the 20-foot Alley PUBLIC NOTICE is between Elm Street hereby given that the and Pine Street and City Council of the City lying North of East 17th of Dubuque, Iowa, will Street and South of hold a public hearing East 18th Street, in the on the 16th day of City of Dubuque, Iowa; January 2018 at 6:00 and p.m. in the Historic Whereas, IIW, P.C. Federal Building, 350 has prepared and West 6th . Street, submitted to the City second floor, Dubuque, Council a plat showing • Iowa, at which meeting the proposed vacated the City Council pro- Right of Way of 20-foot poses to vacate dis- Alley between Elm pose of an interest in Street and Pine Street the following described and lying North of East real property by sale to 17th Street and South ! METX, LLC: of East 18th Street, in Lot 175A of East the City of Dubuque, • Dubuque Addition to I Iowa and assigned lot the City of Dubuque, in numbers thereto, the City of Dubuque, which hereinafter shall Iowa. Locally known as be known and des- the 20-foot Alley cribed as Lot 175A of between Elm Street East Dubuque Addition and Pine Street and to the City of Dubuque, lying North of East 17#h in the City of Dubuque, Street and South of iota. East 18th Street, in the NOW THEREFORE, BE • City of Dubuque, Iowa IT RESOLVED BY THE At the meeting, the CITY COUNCIL OF THE City Council will re- CITY OF DUBUQUE, ceive oral ;and written IOWA: comments from ; any Section 1. That the resident or property City of Dubuque in- owner of said City to tends to vacate and the above action. dispose of its interest gardWritten comments re- In Lot 175A of East ing the above Dubuque Addition to public hearing may be the City of Dubuque, in submitted to the City the City of Dubuque, Clerk's Office, City Iowa by sale to Metx, Hall, 50 W. 13th Street, LLC, upon the terms onbefore said time and conditions of the off public hearing.Development Agree- ment Copies of ssupporting between the City documents for the of Dubuque, Iowa and public hearings are on . Metx, LLC dated file in the City Clerk's October 12, 2017. Office, and may be Section 2. That a viewed during normal working hours. public hearing on the intent to vacate and Any visual or hearing- impaired dispose persons need- East Dubuque Addition ing special assistance • to the City of Dubuque, or persons with special • in the City of Dubuque, accessibility needs Iowa by sale to Metx, should contact the City LLC is hereby set for Clerk's Office at (563 589-4100 orTTY563) the 16th day of 690-667848 January, 2018, at the Historic Federal Build- ing, 350 priorf least to the ing, 350 W. 6th Street, meeting. Dubuque, Iowa, begin- Dated this 5th day of ning at 6:00 p.m., and January 2018. the City Clerk be and is Kevin CMC, Firnstahl,Clerkthereby authorized and City -18 directed to cause a RESOLUTIONRLURESOLUTION notice of public RESOLUTION OF INTENT TO VACATE hearing on the intent to AND DISPOSE OF vacate and dispose of CITY INTEREST 1N said real estate to be THE RIGHT OF WAY published in the OF THE 20-FOOT manner as prescribed ALLEY BETWEEN ELM by law. STREET AND PINE Passed, approved and STREET AND LYING adopted this 3rd day of NORTH OF EAST 17TH January 2018. STREET AND SOUTH Roy D. Buol, Mayor OF EAST 18TH Attest: Kevin S. STREET, 1N THE CITY Firnstahl, CMC, OF DUBUQUE, IOWA City Clerk TO METX, LLC 11 1/5 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. 19-18 and associated Certificate of Publication 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 23rd day of January, 2018. S. irns ahl, ' MC, City Clerk Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 174-18 RESOLUTION DISPOSING OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE LOCATED AT 460 EAST 18TH STREET AND LEGALLY DESCRIBED AS LOT 1 OF MARDE PLACE IN THE CITY OF DUBUQUE, IOWA, TO METX, LLC 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 this 25th day of May, 2018, the City Council of the City of Dubuque, Iowa met on the 4th day of June, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 of Marde Place in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Marde Place in the City of Dubuque, Iowa, to Metx, LLC be and the same is hereby approved, subject tothe conditions of an Agreement between the City and Metx, LLC. Conveyance shall be by Special Warranty Deed. Section 2. That the Mayor be authorized and directed to execute a Special Warranty Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Metx, LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 4t" day of June 018. Attest: Key S. Firns ahl, CMC, City Clerk Roy D. Buol, Mayor 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: May 25, 2018, and for which the charge is $55.24. Subscribed to before me otary Public in and for Dubuque County, Iowa, this /,-2-re day of , 20 /S' Notary Public in and for Dubuque County, Iowa. haa�i 1 MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 4th day of June, 2018, at 6:00 p.m. in the Historic Federal Build- ing, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting the City Council proposes to dispose of an interest in the following de- scribed real property by Development Agree- ment to Metx, LLC: Lot 1 of Marde Place in the City of Dubuque, Iowa. Commonly known as 460 E. 18th Street. At the meeting, the City Council will re- ceive oral and written comments from any resident or property owner of said City to the above action. Writ- ten comments regard- ing the above public hearing may 'be ' sub- mitted to the City Clerks Office, City Hall, 50 W. 13th Street, on or before said time of public hearing. Copies of supporting documents for the pub- lic hearings are on file in the City Clerks Office and may be viewed during normal working hours. Any visual- or hear- ing-impaired persons needing 'special assis- tance or persons with special accessibility needs should contact the City Clerks Office 'at (563) 589-4100 or TTY 563) 690-6678 at least 48 hours prior to the meeting. Dated this 25th day' of May, 2018. Kevin S. Firnstahl, CMC, City Clerk RESOLUTION NO. 152-18 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE LOCAT- ED AT 460 EAST 18TH STREET AND LEGAL- LY DESCRIBED AS LOT 1 OF MARDE PLACE IN THE CITY OF DUBUQUE, IOWA, TO METX, LLC, AND FIXING THE DATE FOR A PUBLIC HEAR- ING AND PROVIDING FOR THE PUBLICA- TION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the fol- lowing real property (the Property); Lot 1 of Marde Place in the City of Dubuque, Iowa ;and Whereas, City has en- tered into a Develop- ment. Agreement be- tween the. City of Dubuque, Iowa and Metx LLC dated Octo- ber 12, 2017 (the Agreement); and Whereas, the Code of Iowa requires that the City Clerk publish a no- tice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Coun- cil shall receive oral and/or written objec- tions from any resident or property owner of said City to such pro- posed action. NOW THEREFORE, BE IT RESOLVED BY•THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to dispose of its interest in Lot 1 of Marde Place in the City of Dubuque, Iowa by sale to Metx, LLC, pur- suant to the terms and conditions of the Devel- opment Agreement be- tween the City of Dubuque, Iowa and Metx LLC dated Octo- ber 12,2017. Section 2. That a pub- lic hearing an the in- tent to dispose of Lot 1 of Marde Place, in the City of Dubuque, Iowa by sale to Metx, LLC is hereby set for the 4th day of June, 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 autho- rized and directed to cause a notice of public hearing on the intent to dispose of said real es- tate to be published in the manner as pre- scribed by law. Section 3. The City Clerk is hereby direct- ed to cause at least one publication to be made of, a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circula- tion in said City, said publication to be not Tess than four days nor more than twenty days before the date of said meeting on the dispos- al of the Citys interest in the Property. ' Section 4. That the no- tice of the proposed action shall be in sub- stantially the form at- tached hereto. Passed,"approved and adopted this 21st day of May 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 1t 5/25 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. 174-18 and associated Certicate of Publication 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 5th day of June, 2018. Kevi . Firnsta I, C , City Clerk