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Dedication of Permanent Sanitary Sewer and Underground Electric Easement_Steeple Square Copyrighted February 18, 2019 City of Dubuque Consent Items # 20. ITEM TITLE: Dedication of Permanent Sanitary Sewer and Underground Electric Easement-Steeple Square /Jackson Street Alley SUMMARY: City Manager recommending acceptance of the Dedication of Permanent Sanitary Sewer and Underground Electric Easement across Parts of Lots 1 , 2 and 3 of City Lot 493 and City Lot 484 and Adjacent Public Alley, in the City of Dubuque, which is located in the block between Jackson, White, 15th and 16th Streets. RESOLUTION Accepting a Dedication of Permanent Sanitary Sewer and Underground Electric Easement across parts of Lots 1, 2 And 3 of City Lot 493 and City Lot 484 and adjacent public alley, in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Dedication of Permanent Sanitary Sewer and Underground Electric Easement-NNM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Easement Plat Supporting Documentation Area Map Supporting Documentation Vacate Agreement 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: Acceptance of a Dedication of Permanent Sanitary Sewer and Underground Electric Easement across Parts of Lots 1 , 2 and 3 of City Lot 493 and City Lot 484 and Adjacent Public Alley, in the City of Dubuque DATE: February 12, 2019 City Engineer Gus Psihoyos recommends City Council acceptance of the Dedication of Permanent Sanitary Sewer and Underground Electric Easement across Parts of Lots 1 , 2 and 3 of City Lot 493 and City Lot 484 and Adjacent Public Alley, in the City of Dubuque, which is located in the block between Jackson, White, 15th and 16�h Streets. Acceptance of the dedication of the utility easement is the first step in the alley vacation agreement process. A public hearing for the disposal of the City's interest in the alley right-of-way will take place in March. 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 THE CITY OF Dubuque � AI•II�eMq 6iry DuB E � �y� i�� . Masterpiece on the Mississippi Z°°'•2°12 2013•2017 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer , �, �. , � ,_ � ~�-� SUBJECT: Acceptance of a Dedication of Permanent Sanitary Sewer and Underground Electric Easement across Parts of Lots 1, 2 and 3 of City Lot 493 and City Lot 484 and Adjacent Public Alley, in the City of Dubuque DATE: February 8, 2019 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Dedication of Permanent Sanitary Sewer and Underground Electric Easement across Parts of Lots 1, 2 and 3 of City Lot 493 and City Lot 484 and Adjacent Public Alley, in the City of Dubuque which is located in the block between Jackson, White, 15t" and 16th Streets. DISCUSSION The City of Dubuque owns and maintains an existing sanitary sewer main that runs from 16t" Street to 15t" Street through the block that is currently occupied by the Steeple Square building (former St. Mary's Church), the Maria House building, and the Jackson Street School building. Steeple Square LLC is in the process of redeveloping the entire block including building upgrades and parking and circulation improvements. In order to protect the City's existing sanitary main and to accommodate the proposed development of the block, the City and Steeple Square LLC have entered into an agreement by which the City will vacate its existing alley right of way through the block to Steeple Square LLC. Steeple Square LLC will provide financial assistance in the lining of the existing sanitary sewer and reconstruction of one manhole in order to prolong the life of the sewer main. A copy of the Agreement is attached to this memo. The property owners in the block, Steeple Square LLC, Opening Doors, and Jackson Street School LLC have platted, dedicated, and recorded a permanent Sanitary Sewer and Underground Electric Easement across their properties for the for the purposes of the City owning and maintaining an existing public sanitary sewer main and for future underground electric utilities. A copy of the recorded easement plat is attached to this memo. The City of Dubuque will continue to own and maintain the existing sanitary sewer in the block and Alliant Energy will be utilizing the easement as well for a utility extension. Acceptance of the dedication of the utility easement is the first step in the alley vacation agreement process. A public hearing for the disposal of the City's interest in the alley right of way will take place in March of this year. RECOMMENDATION I recommend accepting the Dedication of Permanent Sanitary Sewer and Underground Electric Easement across Parts of Lots 1, 2 and 3 of City Lot 493 and City Lot 484 and Adjacent Public Alley, in the City of Dubuque, as shown on the Plat of Survey attached. Acceptance of the dedication of the utility easement is the first step in the alley vacation agreement process. A public hearing for the disposal of the City's interest in the alley right of way will take place in March of this year. ACTION TO BE TAKEN I respectfully request acceptance of the Dedication of Permanent Sanitary Sewer and Underground Electric Easement from Steeple Square LLC, Opening Doors, and Jackson Street School LLC through the adoption of the enclosed resolution. f i 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. 54-19 ACCEPTING A DEDICATION OF PERMANENT SANITARY SEWER AND UNDERGROUND ELECTRIC EASEMENT ACROSS PARTS OF LOTS 1, 2 AND 3 OF CITY LOT 493 AND CITY LOT 484 AND ADJACENT PUBLIC ALLEY, IN THE CITY OF DUBUQUE, IOWA Whereas, Opening Doors, Jackson Street School, LLC, and SS Event Center LLC have dedicated to the Public a Permanent Sanitary Sewer and Underground Electric Easement across Parts of Lots 1, 2 and 3 of City Lot 493 and City Lot 484 and Adjacent Public Alley, in the City of Dubuque, Iowa, as shown of the Plat of Sanitary Sewer and Underground Electric Easement as recorded in the Dubuque County Recorder's Office as document number 2019-00001429, a copy of which is attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Dedication of Permanent Sanitary Sewer and Underground Electric Easement across Parts of Lot 2 and 3 of City Lot 493 and City Lot 484 and Adjacent Public Alley, in the City of Dubuque, Iowa, Iowa from Opening Doors, Jackson Street School, LLC, and SS Event Center LLC, as shown on the Plat of Sanitary Sewer and Underground Electric Easement as recorded in the Dubuque County Recorder's Office as document number 2019-00001429, for the purposes of owning and maintaining an existing public sanitary sewer main and for future underground electric utilities. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 18th day of February 2019. Roy D. Buol, Mayor Attest: Kevin $. Firnstaii, City Clerk Plat of Sanitary Sewer a n d U n d e r g r o u n d �� Doc ID: 010243200003 Type: GEN Electric Utility Easement. Kind: EASEMENTPLAT Recorded: 02/11/2019 at 01:46:21 PM ACROSS LOT 1 OF CITY LOT 493, LOT 2 OF Dubuque�Count��Iowae 1 of s CITY LOT 493, LOT 3 OF CITY LOT 493, CITY John Murphy Recorder LOT 484 AND PUBLIC ALLEY, 1N THE ORIGINAL Fi1e2019-00001429 TOWN OF DUBUQUE, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. NOTE LOCATED IN THE NE1/4 AND SE1�4 OF SECTION 24, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA PREPARED BY: BUESING dc ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE,IOWA PHONE: (563)556-4389 / �'C. INDEX LEGEND Location: Lot 2 of City Lot 493,Lot 3 of City Lot 493,Ciry Lot 484, in the Ne1/4 and SE1/4 of Section 24,T89N, /��\� �� R2E of the 51h P.M.,in the City of Dubuque, �� Dubuque County,lowa i \� 22�6 Requestor:John Gronen(STEEPLE SQUARE) � Fj Proprietor.SS Event Center LLC,(CITY LOT 484,Lot 3 of CITY LOT 493) �' N�6��'�� 100� 9��6 � OpeningDoors,(Lot2oSCITY OT 93)IA52001 O� 1561 Jackson St,Dubuque lA 52001 Surveyor: 7erry L Koelker �� v' Company:Buesing&Associates,Inc. `L�' 1212 Locust St.,Dubuque,IA 52001 �Q � .� Retum To:tlkoelker@buesing.com (563)556-4389 100 �� \\\Q . .��'('��PS�M�N Ci �� `�= 6 v �\ �z� � 16 Z / ��\ �� c,��\ � _,�c�Ar � � O\ O� �j � \\\ \\\ �� • \ �E�� N6�,�g�2 \ �� 'O �,,\ C� G� �C�� <n � � � \ 9� \ Z � �°'v;�j \ � \ O/\ ��\ ��\ S�M�N,� <o� � \\r,s \` ,��,�.� EP � � \`•� � o�p V SCALE 1" = 40' � � `�� 2 � s ?'o � � ��,, � � � � 0' 20' 40' �� LEGEND � `�� o-\ `�i�.� `� • IRON T—BAR (FOUND)�rp\ �\ r's CAP STAMPED "9761'�\ Q\ i9 �O� � CUT "X" (FOUND) \ �=\ �i_ 9 MAG NAIL (FOUND) ��\ �\ SURVEYED PIERIMETER �`-\ ��\\ �p0?� CENTERLINE N\ ��j - — —PUBLIC U7ILITY EASEMENT 15' / ( `) RECORD DIMENSION ROW RIGHT OF WAY FOUND CUT /�\ "CROWS FOOT" ,Lp�� y 52 0�� O I ?�0 9 ' � ,�22 " /� � G � �'��' 22�6 � � 66 S � � �0�� S �/�. �a � � �N C� �� /F�� . / ' �. NOTES I HEREBY CERTIFY 7HAT THIS LAND SURVEYING DOCUMENT WAS 1.ALL MEASUREMENTS ARE IN FEET AND DECIMALS hiEREOF. \\\�p��O.\�1LI�D�.��S��/ PREPARED AND THE RELAIED SURVEY WORK WAS PERFORMED BY ME G OR UNDER MY DIRECT RSONAL SUPERVISION AND THAT I AM A DULY 2.EASEMENT AREA=5014 SQ.FT. ��e '•;pL� LAND S k'EY U DER THE LA�F�-IE STA�OF IOWA. 3.EASEMENT REQUES7ED BY: JOHN GRONEN,SIEEPLE SOUARE. �4ie 7ERRY L. ;�= � 4.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. _U; ' /�(/�' _�e KOELKER ��_ _ = TERRY L. OELKER (DATE) � 15487 � LICENSE NUMBER 15487 �i��°• •'��\ MY LICENSE RENEWAL DATE IS DECEMBER 31,2019 '/////��/11/%��W�PU��\\\\\\\\` SHEETS COVERED BY THIS SEAL: SHEET 1 AND 2 � SHEET TITLE PROJECT N0. 18317 F1A DATE REVISIONS DRAWN BY: N P�dt of Sanitary Sewer and PREPAREDFOR: ��oCIATEs'�N�� 01�16�19 SEP � y Uf1C�2fC3fOUf1C� EI2CtfIC EQS8fY12flt: GRONE900EJAOCK�SON ST.�SUITE N�RONEN g,y�IN6ERS AND SURVBYORS SCALE: CHECKED BY: W STEEPLE SQUARE oueuouE,rown szoot 'Z'Z��seur)�{�y011E M SEE BAR SCALE TLK \�I�U C� C.�:;�i� �/�i�,sc.�cr/' Sheet 2 of 3 Survevor's Certificate Dubuque,lowa I hereby certify that the plat shown on sheet 1 of 2 hereof,is a true and correct PLAT OF SANITARY SEWER AND UNDERGROUND ELECTRIC UTILITY EASEMENT ACROSS LOT 1 OF CITY LOT 493,LOT 2 OF CITY LOT 493,LOT 3 OF CITY LOT 493,CITY LOT 484 AND PUBLIC ALLEY,IN THE ORIGINAL TOWN OF DUBUQUE,IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA, according to the recorded plats thereof,subject to easements of record and not of record. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal superv's nd that i am a duly licensed Land Surveyor under the laws of the State of lowa. � .,��1+� � /�1�� TERRY L.KOELKER DATE LICENSED LAND SURVEYOR REGISTRATION#15487 REG.RENEWAL 12/31/19 Owner's Consent Dubuque,lowa � � �� ,2019 The foregoing PLAT OF SANITARY SEWER AND UNDERGROUND ELECTRIC UTILITY EASEMENT ACROSS LOT 1 OF CITY LOT 493,LOT 2 OF CITY LOT 493,LOT 3 OF CITY LOT 493,CITY LOT 484 AND PUBLIC ALLEY,IN THE ORIGINAL TOWN OF DUBUQUE,IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA,is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate hereby grant the sanitary sewer and underground electric easement as shown on the face of this piat to th pu �c forever. � � 2 � � ,2019 John Sc�midt,P esident Date SS Event`Cen r LLC State of lowa ) ) County of Dubuque ) ss: On this � day of�-� ��-- ,AD 2019,before me,the undersigned,A Notary Public in and for the State of Iowa, person Ily appeared �.i t � to me personally known,who being by me duly affirmed did say that shelhe, said ��'e-S� acknowledged the execution of said instrument to be her voluntary act and deed voluntarily executed. Witness my hand and Notariaf Seal�q�tithar�}�te above written. p� , :��.,�'4�i1\f�<��,�f��i,,. � ��1 " ��- _ Notary Public My Commission Expires�d�"�j � . �;. . - , �',tr'�M .'4. - :.' '��. '1;� '-,. Owner's Consent p Qubuque,lowa ��'"''`'E a ,2019 The foregoing PLAT OF SANITARY SEWER AND UNDERGROUND ELECTRIC UTILITY EASEMENT ACROSS LOT 1 OF CITY LOT 493,LOT 2 OF CITY LOT 493,L(�T 3 OF CITY LOT 493,CITY LOT 484 AND PUBLIC ALLEY,IN THE ORIGINAL TOWN OF DUBUQUE,IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA,is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate.We hereby grant the sanitary sewer and underground electric easement as shown on the face of this plat to the public forever. �--�.•�- �l B ,2019 Ma ew J.Dodds,President Date Opening Doors State of lowa ) ) County of Dubuque ) ss: On this��day of 6�`^`��- ,AD 2019,before me,the undersigned,A Notary Public in and for the State of lowa, personally appeared Mat �w - o.o to me personally known,who being by me duly affirmed did say that shelhe,said p�fi ,acknowiedged the execution of said instrument to be her voluntary act and deed voluntarily executed. Witness my hand and Notarial Seal on the date above written. �� ` 7 ��aui s KEVI�v T.DFENY Notary Public < `�� Commissicn�umher i 1�320 My Commission Expires �1 / *�'* MY OM,MlSS�j�E�+�S � � Sheet 3 of 3 Owner's Consent Dubuque,lowa Z�� ,2019 The foregoing PLAT OF SANITARY SEWER AND UNDERGROUND ELECTRIC UTILITY EASEMENT ACROSS LOT 1 OF CITY LOT 493,LOT 2 OF CITY LOT 493,LOT 3 OF CITY LOT 493,CITY LOT 484 AND PUBLIC ALLEY,IN THE ORIGINAL TOWN OF DUBUQUE,IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA,is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate.We hereby grant the sanitary sewer and underground electric easement as shown on the face of this plat to the public forever. Z� � ,2019 o n hmidt,P esident Date Jackson ee chool,LLC 'ends o .Mary's d/b/a Steeple Square State of lowa ) ) County of Dubuque ) ss: On this /!7',�/day of /t'��'l,tJ'�� ,AD 2019,before me,the undersigned,A Notary Public in and for the State of lowa, personally appeared �o�f�S�Nr^r U T .to me personally known,who being by me duly affirmed did say that she/he,said Ti��S/D E N j ,acknowledged the execution of said instrument to be her voluntary act and deed voluntarily executed. Witness my hand and Notarial Seal on the date above written. RUSSELL N KIEFfER �L?'�Zj�Z � `��.� Z�`��onxnistbn Number 778�626 Notary Public ►�hl�� My Commission Expires �� 2� ZG7fy ,�,,P Ma 24,2019 Citv Assessor's Certificate Dubuque,lowa �^�`' �� ,2019 The foregoing PLAT OF SANITARY SEWER AND UNDERGROUND ELECTRIC UTILITY EASEMENT ACROSS LOT 1 OF CITY LOT 493,LOT 2 OF CITY LOT 493,LOT 3 OF CITY LOT 493,CITY LOT 484 AND PUBLIC ALLEY,IN THE ORIGINAL TOWN OF DUBUQUE,IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA,was entered of record in the Office of the City Assessor of the City of Dubuque,lowa,on the date first written above. � :/�� City Assessor of the City of D uque,lowa Countv Auditor's Certificate �/� Dubuque,lowa f�c�r►<'y , /� ,2019 '`'�i � �.�., The foregoing PLAT OF SANITARY SEWER AND UNDERGROUND ELECTRIC UTILITY EASEMENT��f','��SS LOT?'�F,.�ITY LOT 493,LOT 2 OF CITY LOT 493,LOT 3 OF CITY LOT 493,CITY LOT 484 AND PUBLIC ALLEY,IN THE_�GINAL TOrIVN O`�� DUBUQUE,IN HE CITY OF DUBUQU�,DUBUQUE COUNTY,IOWA,was entered of record in the C�ce of the DubUque Co,uAty Auditor this �� day of /-C.�ruar�r ,2019. �4��.1 ;� `��'?.�, � . � f 1 L'::./ a`": � �.�� ' We approve of the subdivision name or title to be recorded. t,.. � � i �o ��,� `��/ �'�. � fl'� County Audi r of Dubu e�. a ,f��,� � • - '4`'ti j �f,/ I- Recorder's Certificate Dubuque,lowa ��- ( ��h ,2019 The foregoing PLAT OF SANITARY SEWER AND UNDERGROUND ELECTRIC UTILITY EASEMENT ACROSS LOT 1 OF CITY LOT 493,LOT 2 OF CITY LOT 493,LOT 3 OF CITY LOT 493,CITY LOT 484 AND PUBLIC ALLEY,IN THE ORIGINAL TOWN OF DUBUQUE,IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA,has been reviewed by the Dubuque County Recorder. � : : • , �,: . ,�.1 ��1 �,✓ � ". � Dubuque County Recorder �� ;�� ";':�,J "h Clerk of the City of Dubuque,IA , �'�A ii � 0 �/"� l lX�.�-'\� � W � :: . �f. ��"�� l�`'� .,� . .'�'�- '�,�, •'�s��' `�;, .... �•',+ �, '�'.�!1_ f"�J.J i. 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DUlb.uq�e,C,�u��y h�sessur, �ity of Dubuque.Ass�e�s,sor DISCLAIMER:Thls Informatlon was complled �sing the Dubuque Area Geographlc Informatlon SVstem oAcis�,wnid,md�d�dar��eaeed ev eom me cin oF � Map P�epa�ed by: o�e�a�e a�d o�e�a�e co��N. ie is��de�srood mae,wnue me ciev oF o�e�q�e a�d pa�eidpaei�g age�d��ewzed me City of Dubuque mo��,��e�ca�d a��ce��fo�mac�o�a�auabie,oA��s a�d 1 ineh = 80 feet Engineering Division ie�s�,vvue�s do�oe wa��a�e me a��a�v o��e��v of ine mr��maeio�o�dar��o�eai�ed ne�em rne ciev a�d Pa�ei�iPaei�g 50 West 13th St�eet age��i�snau�oe ee neia uaeie Fo�a�v ai�e�e,i�ai�e�e,i��iae�eai, Dubuque,lowa 52001 ��a�e�eiai,v��ieroe,o�svedai damae�,wneme�ro��eaeie o� ��eeaeie,a��s��g o�e oF me a�eno��zea o��a�mo��zea��oF 80 40 0 80 F22t Phone:(563)589-4270 mis daea o�me i�aewev eo��mis daea o�o�e oF a�v e�ea�n oF wa��a�ry wna�oe�� Fax.(563)589-4205 AGREEMENT BETWEEN SS EVENT CENTER, LLC AND THE CITY f�F DUBUQUE, IOWA Whereas, SS Event Center, LLC (Property Owner) is the owner of the following described real estate (the Property): City Lot 484, and Lot 3 of City Lot 493, all in the City of Dubuque, lowa; and Whereas, Property Owner is proposing improvements associated with the redevelopment of the block between 15t", 16t", White and Jackson Streets (the Project), on the Property; and Whereas, the City of Dubuque (City) owns and maintains a public alley (City Property) through the block between 15th, 16th, White and Jackson Streets which abuts the Property; and Whereas, Property Owner is requesting the vacation of the public alley running through the block between 15th, 16t", White and Jackson Streets as shown on the attached Exhibit A in order to construct the Project improvements over the current alley area; and Whereas, the City of Dubuque (City) owns and maintains a public sanitary sewer main (Sevuer Main) in the alley running through the block between 15th, 16t", White and Jackson Streets; and Whereas, Property Owner and City desire to enter in an agreement with respect to the Project, the Property, the City Property and the Sewer Main, to facilitate the construction of the Project and to protect the City's interests in the Sewer Main. NO1N, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS: SECTION 1. CITY RESPONSIBILITIES. City agrees to: (1) By no later than December 31, 2019, line the existing sanitary sewer main along the alley from Manhole A to Manhole C as shown on the attached Exhibit A and reconstruct Manhole A as shown on the attached Exhibit A #o City of Dubuque Standards; and (2) Notify appropriate utility comp�nies of the proposed vacating and inquire of the need for the reservation of easements. Property Owner may contact utility companies directly if they desire. The City will reserve �n easement 12272018rnk for the existing sanitary sewer located within the proposed vacate area. This easement would preclude the placement of any buildings or structures on the easement area in order to allow for maintenance and construction of said sanitary sewer utility; and (3) Upon receipt of the plat of survey of the area proposed to be vacated from the Property Owner, the request will be taken to the City Council to be set for a public hearing and formal approval; and (4) After the public hearing approval by the City Council and receipt of the publication and filing fees, the City will execute a Quit Claim Deed for the vacated property and record the deed; and (5) Provide construction inspection services for the installation of Manhole B as shown on the attached Exhibit A. SECTION 2. PROPERTY OWNER RESPONSIBILITIES. Property Owner agrees to: (1) Reimburse City for 50% of the cost for the sanitary sewer lining work from Manhole A to Manhole C as shown on the attached Exhibit A. The maximum amount of sewer lining costs Property Owner will be responsible for is $5,000.00; and (2) Completely replace and reconstruct Manhole B as shown on the attached Exhibit A to City of Dubuque Standards; and (3) Submit a request to vacate in writing to: The Honorable Mayor and City Council at 50 West 13t" Street, Dubuque, lowa, with reasons for the proposed vacating and a sketch or plat of the area to be vacated; and (4) Obtain the written notarized consent of the abutting property owner (Opening Doors/Maria House) for the vacating of the proposed alley area. (5) Prepare a plat of survey for the vacation of the alley at Property Owner's expense by a Licensed Land Surveyor. Survey plat will show the boundaries of the proposed vacating and assign a legal description to the property; and (6) Reimburse City for any applicable recording, publication and filing fees associated with the vacating and recording process; and (7) Prepare a plat of easement exhibit showing the proposed 20' wide sanitary sewer easement. Grant to City a permanent Sanitary Sewer Easement twenty feet in width centered over the current alignment of the Sewer Main; and 2 (8) After the alley is vacated to Property Owner and a public utility easement reserved over the proposed sanitary sewer easement area, Property Owner and their heirs and assigns will be responsible for replacement of all pavement, landscaping and turf restoration necessary following maintenance or replacement of the utility by the City. The reserved easement will include restrictions on placement of structures on the easement and excavations near the sanitary sewer utility. This agreement is subject to final approval by the City of Dubuque City Council. CITY OF DUBUQUE, IOWA SS EVENT CENTEI�-!_LC h � `'�..__ A � By: ;��' By:� Michael�C. Van Milligen, City Manager .�� John S h � t, President .-� V , � /yr � , .�, a��.__� l�a ,� � 1 �-, Date `�` � d Date 3 EXHIBIT A SANITARY SEWER REHABILITATION WORK 4 1HF C11 l* U .'1u<Mrpieu'nn the Tlissi,sippi EXHIBIT 626 1618 1602 1X59: x 543 39 525 1513 oz5[tszw 80 1 inch = 80 feet 40 0 80 Feet Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 5894270 Fax: (563) 589.4205 January 3, 2019 Opening Doors (Maria House) 210Q Asbury Road, Suite 8 Dubuque, lowa 52001 RE: Right-of-Way Vacating for Alley between 15th and 16t'' Street on the property between White and Jackson Street, at the address of 1561 Jackson Street, Dubuque, lowa 52001. Dear Opening Doors: Friends of St. Mary's (d.b.a. Steeple Square} of 101 E 15tn Street, Qubuque, lowa is requesting that the City of Dubuque vacate public right-of-way abutting your parcel as shown on the attached sketch. The proposed property lines shown are only approximate and may be determined by mutual agreement of the abutting property owners. The City is currently in the process of determining if canditions are favorable for this vacation request. Each abutting property owner may be entitled ta a portion of the area proposed to be vacated if they are interested. A purchase price may be charged by the City based on assessed or appraised values and to cover processing, publication, and filing fees. Please check the corresponding statement that describes your interest in the area proposed to be vacated and sign and return a copy of this letter to: (Name) Gronen (Address) 9Q0 Jackson Street Suite LL2 Dubuque, lawa 52001 Thank you for your attention to this matter. Feel free to contact me at: 563-583- 5701 (office) or 563-580-9884 (cell} with any questions. Sincerely, John Schmidt Steeple Square Attachment: MAP Proposed vacation of Alley between 15t" and 16t" Street on the property between White and Jackson Street. I am interested in purchasing all or a part of my porfiion of said vacating. X I am not interested in purchasing any portion of said vacating and consent to disposal of the area to other interested parties. I will purchase my portion of said vacating, and I am also interested in purchasing any excess area which ather abutters are not interested in. Opening Doors (Maria House): �a�s,� �' C�da�J s �r�s;d.�� 1 J�t�� -5�` Printed Name Property Address r� —2 � Pr erty �wner Signature ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA ) COUNTY OF DUBUQUE ) �u�� On this 3��`�. day of ��µ�r ,� , before me, the undersigned, a Notary Publ'c in and for said State, personally appeared ��f��$w ,�`- ��,� (NAME/S) to me personally known, OR proved to me an the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by hisiher/their signature(s) on the instrument the person(s) acted, executed the instrument. g,3;,q��;,y., L��f � {sign in ink} `; r � ` �``� C�r�' ��'�� `� � i�l?32D �� :U* iviz C`v�r.ti�Iu�i4+Z+Ui�i:iES �2VIln �. �-�{'3'l ��;,n v� , (prinbtype name} Notary Public in and for State lowa GAPACITY CLAIMED BY SIGNER INDIVIDUAL � CORPORATE OFFICER(S) �r'��1't°��'��"' �T�t�e} (CORP SEAL) AFF'1XED � NU SEAL PROCURED PARTNER(S} LIMITED GENERAL ATT(�RNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person(s} or Entity(ies}: C� e�� 0��1` EXHIBIT Maria House Property .O . Ai<LA TO VACATED APPROX,. .12.0 S F. Right-of-way Vacating Alley 1 inch = 80 feet Map Prepared by. City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone:. (583) 589-4270 Fax: (563) 589-4205