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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 � 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 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. �� �� ��� 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 � �'+�- lA��arfa Ctt� �Z./ Jm,� 1 I I , I' � Maste iece on the Mississi i �"�'�d�2 � pp 2oia•zo�.� 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 '!�� � ��\��,. \ � � / ,�oo��'� �°'�. � \ Z 66 � 6 � � / ,�2 �� 0 � � N \ 1 \ /,/ N661���5 00 � O� J � \ 2�' o_ � c_r` � / � % �/ �o 11�01 �"�o� � �"' s ��� / � �o° J rn' `��' � ` � o_ \ ��' rn ��� o_ c� �, � � J \ S�' O � FOUNO HOLE IN ACC a� �� � � � MAG NAIL MISSING 'y � N� Q 6'. �.. \ �� � � 2 C�. J �si9 tJ��%O�' �9 !� � D�� t� � J � \ � '° �`s� r'�r � � � O � � \ ac1? / N �'- \ Q_ O � Q� � � (� "'cp. � cP.CQ � � � �� Q � , ;C' � � � � � o \ � � •� � �s � � Q_ � � � i- �_ � � \ �- �s �o_ � � _rnJ. l -� 110��9� SCALE 1" = 60' °'�, �002� / -�l \ oo /, � � � FOUND CUT 20 '� O��' // 0 3 0 6 0 � -�Ro�Foor 22 LEGEND \ o�d 11001 56�22�6 6��' / , �o � • IRON T—BAR (FOUND) CAP STAMPED "9761'\ `�� � CUT "X" (FOUND) � \`C`" A MAG NAIL (FOUND) ,�� PROPERTY LINE \ / SURVEYED PERIMETER � /" CENTERLINE �/� ( ) RECORD DIMENSION ROW RIGHT OF WAY /, � `\ \\\������0\\o\�ANDo////S!/���// MEEORRUNDERDMY1DRECT PEERSONALYSUPERVISION A DF�HAEDSAM J=Gj�o° � °aG�Q�G A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE � OF IOWA. ALL MONUMENTS ARE PLACED OR SHALL BE PLACED �Uo TERRY L. o°'�� W�TMIN ONE YEAR FROM H� DATE THIS PLAT IS RECORDED. _�° KOELKER o�` /� 1��/ � o0 15487 0 _ `��, :,j , s � � v NOTES � 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. /////////�����////���W�P\����\\\\\\\\\ SHEETS COVERED BY THIS SEADECEMBE HEETS201& 2 4� THNOT OFEQ CORDDCT�TOOEASEM O TS OF RECORD AND i _. SHEET TITLE PROJECT N0. 13261 DATE REVISIONS DRAWN BY: o m Pldt of Survey (Vacation� Of: PREPARED FOR: �UESING 1�76�19 4�22�19 TPL & SEP '� GRONEN RESTORATION /�c/o JOHN GRONEN ASSOCIATES INC. �=� CITY LOT 484—A IN THE 900 JACKSON 5T. /SUIiE LL2 ENC7NEER5 AND SURVEYORS SCALE: CHECKED BY: ORIGINAL TOWN OF DUBUQUE oueuoue, iown szooi 'Z" (953)556-,3B90uE•w SEE BAR SCALE TLK II 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. �—._✓ , � J '✓��.y� � /�5� ��� 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 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