Steeple Square, LLC (SS Event Center, LLC) Request to Vacate Alley Jackson-White-E 15th-E16th Streets_Initiate Copyrighted
May 6, 2019
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Steeple Square, LLC (SS Event Center, LLC) Request to
Vacate Alley between Jackson and White Streets (from E.
15th to E. 16th Streets)
SUM MARY: City Manager recommending that the City Council set a
public hearing for May 20, 2019 on a request from Steeple
Square LLC (SS Event Center, LLC)to vacate the public
alley between Jackson and White Streets from E. 15th to
E. 16th Streets as part of the redevelopment of the entire
block.
RESOLUTION of I ntent to vacate and dispose of City
interest in the alley between Jackson St. and White St.
from E. 16th St. to E. 15th St. described as City Lot484-A
in the City of Dubuque, I owa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for May 20, 2019
ATTACHMENTS:
Description Type
Vacating Petition Alley Between Jackson St and W hite City Manager Memo
St-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Vacate Plat Supporting Documentation
VacateAgreement 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 Between Jackson and White from 15�h to 16�n
Streets (Steeple Square LLC Block Redevelopment Project)
DATE: April 26, 2019
A request has been received from Steeple Square LLC (SS Event Center, LLC) to
vacate the public alley between Jackson and White from 15�h to 16�h Streets, as part of
the redevelopment of the entire block including building upgrades and parking and
circulation improvements. City Engineer Gus Psihoyos requests the City Council set a
public hearing for May 20, 2019 on the disposition of the City's interest in the subject
area.
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
THE CITY OF Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition/ Alley Between Jackson and White from 15t" to 16rn
Streets
(Steeple Square LLC Block Redevelopment Project)
DATE: April 25, 2019
INTRODUCTION
This is in response to a request from SS Event Center, LLC for the vacating of the
Public Alley between Jackson and White from 15th to 16t" Streets, as part of the
redevelopment of the entire block including building upgrades and parking and
circulation improvements.
BACKGROUND
Steeple Square LLC (SS Event Center 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 sewer main and to accommodate the proposed
development of the block, the Cit�r and Steeple Square LLC have entered into an
agreement by which the City will vacate its existing alley right-of-way between Jackson
and White from 15th to 16th Streets 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 proposed redevelopment improvements
are located on the City alley right-of-way between 15t" and 16th Street. City staff is
recommending the vacation of the alley right-of-way for the developer to construct the
improvements on their own property.
DISCUSSION
In this area of the original City of Dubuque the adjacent property owners own to the
centerline of the street or alleys and the City holds only a right-of-way easement. In
April of 2019, SS Event Center LLC, Opening Doors, and Jackson Street School
dedicated, in fee, the entire alley right-of-way along their property frontages to the City.
The City has agreed to vacate the entire alley area back to SS Event Center LLC.
Opening Doors and Jackson Stre�t School have consented to the vacation of the entire
alley to SS Event Center. The owners have already dedicated a utility easement in the
area proposed to be vacated for sanitary sewer and electric utilities.
The alley right of way area to be vacated to SS Event Center LLC needs to be platted.
The platting of the right of way area has been coordinated with the owners of the
property. Buesing and Associates, Inc. has prepared the attached vacation plat. 484-A
will be vacated to SS Event Center LLC to facilitate the construction of the proposed
block redevelopment improvements. A public hearing for the disposal of the City's
interest in the alley right-of-way will take place in later in May of this year.
RECOMMENDATION
I am recommending that the area indicated by City Lot 484-A, in 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 May 20, 2019.
ACTION TO BE TAKEN
I respectfully request that a public hearing be held on the disposal of the property
thr�ugh adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
2
s
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. 162-19
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN THE
ALLEY BETWEEN JACKSON ST. AND WHITE ST., FROM E. SIXTEENTH ST. TO E.
FIFTEENTH ST., DESCRIBED AS CITY LOT 484-A, IN THE CITY OF DUBUQUE,
IOWA, TO SS EVENT CENTER, LLC
Whereas, SS Event Center, LLC has requested the vacating of the Alley between
Jackson St. and White St., from E. Sixteenth St. to E. Fifteenth St; and
Whereas, Buesing and Associates, Inc. has prepared and submitted to the City
Council a plat showing the vacated Alley between Jackson St. and White St., from E.
Sixteenth St. to E. Fifteenth St., described as City Lot 484-A, 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
said City Lot 484-A, in the City of Dubuque, Iowa to SS Event Center, LLC per the
agreement between the City of Dubuque, Iowa and SS Event Center LLC, dated
February 1, 2019.
Section 2. That a public hearing on the intent to vacate and dispose of City Lot 484-
A, in the City of Dubuque, Iowa to SS Event Center, LLC is hereby set for the 20th day
of May, 2019, 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.
Passed, approved and adopted this 6th day of May 2019.
6," Ac.„(
Roy D. Buol, Mayor
Attest:
Kevir Firnstahl, CMC, City Clerk
PREPARED BY: BUESING&ASSOCIATES ADDRESS: 1212 LOCUST SiREET D�BU�UE IOWA 52001 PHONE: 5fi3 556-4389
Plat of Survey (Vacation) of:
CITY LOT 484—A IN THE ORIGINAL TOWN OF DUBUQUE,
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
INDEX LEGEND � NOTE
Location: City Lot 484-A,in the City of Dubuque, � CITY LOT 484—A IS LOCATED IN THE
DubuqueCounty,lowa ',1� NE1/4 AND SE1/4 OF SECTION 24,
Requestor:Jahn Gronen(STEEPLE SQUARE) O�Y 1 T89N, R2E OF THE 5TH P.M.,
Proprietor: City of Dubuque ' IN THE CITY OF DUBUQUE,
Surveyor: Terry L.Koelker DUBUQUE COUNTY, IOWA
Company: Buesing&Associates,Inc. ��.
1212 Locust SL,Dubuque,IA 52001
Retum To: tlkoelker@buesing.com (563)556-4389 '!�� �
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� TERRY L. LKER (DATE) 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF.
i��°o o°��(� LICENSE NUMBER: 15487 2. CITY LOT 484—A AREA=5,196 SQ.FT.
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Sheet 2 of 3
Survevor's Certificate
I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of lowa, do hereby certify that the following real
estate was surveyed and platted by me or under my direct personal supervision, To Wit:
PLAT OF SURVEY(Vacation) OF CITY LOT 484-A IN THE ORIGINAL TOWN OF DUBUQUE, in the City of
Dubuque, Dubuque County, lowa.
This survey was performed for the purpose of platting and vacating a portion of the City alley between Jackson
St. and White St., from E. Sixteenth St. to E. Fifteenth St., said real estate henceforth to be known as CITY LOT
484-A IN THE ORIGINAL TOWN OF DUBUQUE, in the City of Dubuque, Dubuque County, lowa. The Total
area of CITY LOT 484-A IN THE ORIGINAL TOWN OF DUBUQUE is 5196 Square Feet. All Lot areas are
more or less and all Lots are subject to easements, reservations, restrictions, and rights-of-way of record and
not of record, the plat of which is attached hereto and made a part of this certificate.
I 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 I am a duly licensed Land Surveyor under the laws of the
State of lowa.
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Terry�ker Date
Licensed Land Surveyor
License No. 15487 License Renewal Date 12/31/19
Owner's Consent
Dubuque, lowa , 2019
The foregoing Plat of Survey(Vacation)of: CITY LOT 484-A IN THE ORIGINAL TOWN OF DUBUQUE, in the
City of Dubuque, Dubuque County, lowa, is made with the free consent and in accordance with the desires of
the undersigned owners and proprietors of said real estate.
CITY OF DUBUQUE
Mayor of the City of Dubuque �
Clerk of the City of Dubuque
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 lowa, personally appeared Roy D. Buol, the Mayor of the City of Dubuque, and Kevin Firnstahl, the
Clerk of the City of Dubuque, to me personally known, who being by me duly sworn, did say that said Roy D.
Buol is the Mayor of the City of Dubuque, and said Kevin Firnstahl is the Clerk of the City of Dubuque, and that
the seal affixed to the above instrument was signed on behalf of said City of Dubuque, by authority of the City of
Dubuque, and that said Roy D. Buol, the Mayor of the City of Dubuque, and Kevin Firnstahl, the Clerk of the
City of Dubuque, acknowledged the execution of said instrument to be the voluntary act and deed of said City of
Dubuque, by it, and by them, voluntarily executed.
Witness my hand and Notarial Seal on the date above written.
Notary Public in and for the State of lowa
Sheet 3 of 3
Citv of Dubuque Planninq Services
Dubuque, lowa , 2019
The foregoing Plat of Survey(Vacation)of: CITY LOT 484-A IN THE ORIGINAL TOWN OF DUBUQUE, in the
City of Dubuque, Dubuque County, lowa, was reviewed and approved by the City of Dubuque Planning
Services Department on the date first written above.
Planning Services Department
By:
City Planner of the City of Dubuque, IA
City of Dubuque, lowa
Dubuque, lowa , 2019
The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Clerk of the City of Dubuque, lowa, do hereby certify
that the foregoing Plat of Survey(Vacation)of: CITY LOT 484-A IN THE ORIGINAL TOWN OF DUBUQUE, in
the City of Dubuque, Dubuque County, lowa, as appears heretofore has been filed on day of
, 2019 as resolution# in the office of the City Clerk of Dubuque,
lowa and that the City Council of the City of Dubuque, lowa approves said plat.
Mayor of the City of Dubuque, IA
Clerk of the City of Dubuque, IA
Citv Assessor's Certificate
Dubuque, lowa , 2019
The foregoing Plat of Survey(Vacation)of: CITY LOT 484-A IN THE ORIGINAL TOWN OF DUBUQUE, in the
City of Dubuque, Dubuque County, lowa, was entered of record in the Office of the City Assessor of the County
of Dubuque, lowa, on the date first written above.
City Assessor of the County of Dubuque, lowa
COUNTY AUDITOR
Dubuque, lowa , 2019
The foregoing Plat of Survey(Vacation)of: CITY LOT 484-A IN THE ORIGINAL TOWN OF DUBUQUE, in the
City of Dubuque, Dubuque County, lowa, was entered of record in the office of the Dubuque County Auditor this
day of , 2019.
We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque, lowa
Recorder's Certificate
Dubuque, lowa , 2019
The foregoing Plat of Survey(Vacation) of: CITY LOT 484-A IN THE ORIGINAL TOWN OF DUBUQUE, in the
City of Dubuque, Dubuque County, lowa, has been reviewed by the Dubuque County Recorder.
Dubuque County Recorder
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
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By: ;��' By:�
Michael�C. Van Milligen, City Manager .�� John S h � t, President
.-� V , � /yr
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Date `�` � d Date
3
EXHIBIT A
SANITARY SEWER REHABILITATION WORK
4
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EXHIBIT
626
1618
1602
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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}
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� ` �``� 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