Agreement with Dubuque Golf & Country Club at 1800 Randall Place Copyrig hted
April 5, 2021
City of Dubuque Consent Items # 11.
City Council Meeting
ITEM TITLE: Agreementwith Dubuque Golf & Country Club at 1800 Randall Place
SUM MARY: City Manager recommending approval of an agreement with Dubuque
Golf and Country Club related to the vacation and sale of certain street
right of-ways at the Dubuque Golf and Country Club property at 1800
Randall Place, Dubuque, lowa.
RESOLUTION Approving an agreement between the City of Dubuque,
lowa and Dubuque Golf and Country Club
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Dubuque Golf and Country Club Agreement-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with Dubuque Golf and Country Club at 1800 Randall Place
DATE: April 1, 2021
City Engineer Gus Psihoyos recommends City Council approval of an agreement with
Dubuque Golf and Country Club related to the vacation and sale of certain street
right-of-ways at the Dubuque Golf and Country Club property at 1800 Randall Place,
Dubuque, lowa.
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
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
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Masterpiece on the Mississippi zoa,.zol2.Zo„
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Agreement with Dubuque Golf and Country Club at 1800 Randall Place
DATE: March 31, 2021
INTRODUCTION
The purpose of this memorandum is to request City Council approval of an agreement
with Dubuque Golf and Country Club (DGCC) related to the vacation and sale of certain
street right of ways at the DGCC property at 1800 Randall Place, Dubuque lowa.
BACKGROUND
The City of Dubuque has entered into an agreement (see agreement attached) with
DGCC for the sale of City owned property to be used for their proposed parking lot
improvements between the main country club facility and Bradley Street. The property
to be conveyed to DGCC includes a portion of the Randall Place street right of way
south of Bradley Street. The area contains a portion of the public Randall Place street
pavement that runs into the existing DGCC parking lot. The proposed improvement
plans include a private parking lot across the subject Randall Place right of way area.
During the review process for the request to vacate a portion of Randall Place, it was
discovered that in a 1923 City Council Special Ordinance, the City Council vacated
approximately 11 acres of street rights of way under portions of the current golf course
property and granted the owners the right to use the land but did not convey the land in
fee. The ordinance also stated that the country club could use the land "until such a
time as the City Council of the City of Dubuque may deem it necessary or expedient to
again use said lands for public purposes or make some other dispositions of the same".
A map of the location of the subject 11 acre area is shown on Exhibit B of the attached
agreement.
DISCUSSION
Randall Place Right of Way
In working with DGCC, City staff has prepared an agreement for the vacation and sale
of the properties described above. The agreed upon price for the vacation and sale of
the 8,100 square feet of Randall Place street right of way area is $32,197.00 (50% of
$7.95/sf because the City is reserving a public utility easement). DGCC will be
responsible for all surveying/platting costs, publication and filing fees. DGCC will
assume ownership and maintenance of the existing storm sewer utilities in the vacate
area. The City will reserve a public utility easement over the entire Randall Place street
right of way area to accommodate all existing utilities.
11 Acres in 1923 Citv Council Special Ordinance
In order to clear up the issue with the approximately 11 acres of right of way, the
agreement also proposes the sale of the areas that were vacated by the 1923 City
Council Special Ordinance to DGCC for a lump sum of $67,000 (based on 50% of
current county assessment rate with reservation of utility easements or approximately
$0.14/sf). In order for the City to convey this property to DGCC, the County Auditor is
requiring the land be surveyed and platted to comply with County ordinances. Because
the 11 acre area still needs to be surveyed by DGCC, the public hearing and sale of this
property is proposed to be delayed until the deadline of September 1, 2021. The
agreement also sets forth a no interest payment schedule for 11 acres purchase, with
the first payment on September 1, 2021 and final payment on October 1, 2022. DGCC
will be responsible for all publication and filing fees. The City will reserve a public utility
easement over the 11 acre area street right of way to accommodate any existing
utilities.
A copy of the agreement executed by DGCC is attached.
RECOMMENDATION
I recommend that the City approve the Agreement for the vacation and sale of certain
street right of ways at the DGCC property at 1800 Randall Place, Dubuque lowa per the
terms of the attached Agreement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving said Agreement and
authorizing the City Manager to execute said agreement.
Attach.
Prepared by: Nate Kieffer, PE/PLS
Prepared by Nate Kieffer, City of Dubuque Engineering 50 W. 13t" St. Dubuque, IA 52001
Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 13t" St. Dubuque, IA 52001
RESOLUTION NO. 94-21
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND DUBUQUE GOLF AND COUNTRY CLUB
Whereas, the City of Dubuque is party to an Agreement with Dubuque Golf and
Country Club (DGCC) related to the vacation and sale of certain street right of ways at the
DGCC property at 1800 Randall Place in Dubuque, Iowa; and
Whereas, DGCC is requesting the vacation and sale of the approximately 8,100
square feet of the Randall Place right of way south of Bradley Street, in order to
accommodate the construction of new parking lot serving the golf course; and
Whereas, DGCC is requesting the sale of approximately 11 acres of vacated right of
way included in the 1923 City Council Special Ordinance (attached to and made part of the
agreement as Exhibit A and as approximately shown on the map labelled Exhibit B) situated
within the current golf course property; and
Whereas, DGCC and City desire to enter into an agreement with respect to the
proposed vacation and sale of said right of way and vacated right of way as set forth herein;
and
Whereas, a copy of the Agreement is attached hereto; and
Whereas, Dubuque Golf and Country Club, has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement
on behalf of the City of Dubuque
Passed, approved, and adopted this 5t" day of April, 2021.
Y,- g /1' /
Roy D. B I, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
JCO Rev. 04/01/21
AGREEMENT
BETWEEN
DUBUQUE GOLF AND COUNTRY CLUB
AND
THE CITY OF DUBUQUE, IOWA
This Agreement, dated for reference purposes the � day of �e�� , 2021,
is made and executed between the City of Dubuque, lowa, (City), a municipal corporation,
and Dubuque Golf and Country Club (DGCC).
Whereas, DGCC is requesting the vacation and sale of the 8,100 square feet of
the Randall Place right of way south of Bradley Street, in order to accommodate the
construction of new parking lot serving the golf course; and
Whereas, DGCC is requesting the sale of the 11 acres of previously vacated right
of way included in the 1923 City Council Special Ordinance (attached to and made part
of this agreement as Exhibit A) situated within the current golf course property; and
Whereas, DGCC and City desire to enter into an agreement with respect to the
proposed sanitary sewer extensions and repairs to the Property damage as set forth
herein.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1. CITY RESPONSIBILITIES.
1.1 To vacate and sell approximately 8,100 square feet of Randall Place right-of-
way, shown on Exhibit A, to DGCC for$32,197.00, which is 50% of$7.95/sf for
reserving a public utility easement, to accommodate the proposed entrance and
parking lot improvements.
1.2To sell approximately 11 acres of right-of-way, shown on Exhibit B, included in
the 1923 City Council Special Ordinance, attached as Exhibit C, to DGCC for
$67,000, which is approximately $0.14/sf.
1.3 City will reserve a public utility easement over the entirety of the vacated Randall
Place right of way. This easement will preclude the placement of a building on
the vacated right-of-way in order to allow for maintenance or replacement of
existing utilities in the area.
1.4The City will reserve easements over portions of the previously vacated 11 acres
of right-of-way, shown on Exhibit B, where there are existing City owned utilities.
The existing easements will be identified by September 1, 2021.
03312021 cb
1.5 Upon receipt of the plats of survey for the areas proposed to be vacated and
purchased, the requests will be taken to the City Council to be set for a public
hearing and formal approval.
1.6After the public hearing approvals by the City Council and receipt of the
publication and filing fees, the City will execute Quit Claim Deeds for the vacated
property and record the deeds.
SECTION 2. DGCC RESPONSIBILITIES.
2.1 Submit a request to vacate in writing to:
The Honorable Mayor and City Council
50 West 13t'' Street
Dubuque, lowa 52001 ,
with reasons for the proposed vacating and a sketch or plat of the area to be
vacated.
2.2 Purchase the Randall Place vacated right-of-way area, shown on Exhibit A,
for the amount of$32,197.00.
2.3 Purchase the approximate 11 acres of right-of-way shown on Exhibit B and
included in the 1923 City Council Special Ordinance shown in Exhibit C for
$67,000. The closing on the property shall be no later than September 1, 2021.
This allows time for the required boundary surveying work to be completed by
DGCC. DGCC will pay the agreed upon purchase price amount to the City
according to the following schedule:
One third (1/3) by September 1, 2021,
One third (1/3) by October 1, 2021, and
One third (1/3) by October 1, 2022.
The City is willing to allow the agreed upon purchase price for the 11 acres to
be paid at no interest until October 1 of 2022.
2.4 DGCC is responsible for paying all surveying, publication, and filing fees of
$200 associated with the vacating and sale processes.
2.5 Plats of survey must be prepared at DGCC's expense by a Licensed Land
Surveyor for the Randall Place and 11 acres being purchased by DGCC. This
will show the boundaries of the area and assign a legal description to the
properties.
2.6 DGCC will assume ownership and maintenance of the existing storm sewer in
the area of the vacated Randall Place right-of-way.
2
2.7 DGCC reserves the right to obtain a title and lien search, at DGCC's expense,
for the approximately 11 acres of right-of-way shown on Exhibit B. In the event
a title and lien search shows the City does not have marketable title, the City
will work with DGCC to clear up any title issues. If the title cannot be made
marketable with reasonable efforts, DGCC can proceed with the purchase or
be excused from purchasing the 11 acres of right-of-way.
SECTION 3. NOTICES.
All notices and correspondence related to this Agreement must be sent to the following:
If to Developer: Dubuque Golf and Country Club
1800 Randall Place
Dubuque, IA 52003
If to City: City of Dubuque, lowa
Attention: Gus Psihoyos, City Engineer
50 West 13th Street
Dubuque, lowa 52001
SECTION 4. DEFAULT.
In the event of default by DGCC, City reserves the right to seek specific performance in
lowa District Court for Dubuque County.
SECTION 5. MISCELLANEOUS.
5.1 This Agreement may not be assigned without the prior written permission of the
City. Such written approval will not be unreasonably withheld.
5.2 This Agreement represents the entire Agreement between the parties. There are
no verbal additions to this Agreement, and all amendments, additions or changes to this
Agreement must be in writing and agreed to by both parties.
5.3 All covenants, conditions, and provisions of this Agreement will inure to the benefit
of and be binding upon the parties hereto and their respective successors, heirs and
assigns.
5.4 This Agreement is governed by the laws of the state of lowa and venue for any
action arising from or related to this Agreement will be in the District Court of lowa,
Dubuque County, lowa.
5.5 If any term of this Agreement is found to be void or invalid, such invalidity will not
affect the remaining terms of this Agreement, which will continue in full force and effect.
3
CITY OF DUBUQUE, IOWA DUBUQUE GOLF & COUNTRY CLUB
By: By:
Michael C. Van Milligen Lan Marting, Gen al nager
City Manager
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EXHIBIT B
TH6�B E Dubuque Golf & Country Club: EXHIBIT B ,i�
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EXHIBIT C
1923 Ordinance
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: � ' _ _ ' Y�,r���,����s(��,,
. 1 � 6^
'96 FE� 5 P(� I �9
ht,i!lY Fi_YNt; THURL01'�
COU;;TY �i=i;O��E�
DUBUQU� CO., lOVI;� r'EES
SPECIAL ORDINANCE �,�/,f�I
An Ordinance vacating certain Streets and aIleys and parts of
Streets and alleys, namely, to-wit:
Part of St. Joseph Street; aIl of Altman Street; all of Kiene
street; all of the unnamed streets situated between Lots 149 and 150 in
. Grand View Place; all of McPherson Street; all of Sterling Street: a
part of Perry Street; all of Morgan Street; a part of Park Street (now
called Randall place); a•part of Dunning Street; a part of Henderson
Street; a j�art of Rider street; all af the alley in Grand View Place
hetween Altman and Kiene Streeta; a part of the alley between Perry
and Bradley Streets; all of the alley lying through Block eight (8) of
Grand View Park; all of the alley in Grand View Park lying easterly of
Block.sixteen ilb); all of the alley located in the easterly part of Grand
View place; and all of the alley extending through Block fourteen (I4);
and grantin� to the Country Club Company the use of the lands which
• formerly comprised said streets and alleys.
�7hereas the streets. parts of streets. the a2leys and parts of
alleys.herein vacated have been platted as public streets and been
platted' and dedicated as public streets and alleys but the same have
never been opened for public use or travel and there is no demand for
their use as. public thoroughfares at this time nor is there any
indication that they will be needed for a long time to come; and
t9hereas such streets and alleys, as loeated now extend
through the premises owned by the Gountry Club Company and have
been used by said�Company as a part of its property. said Streets and
alleys being unimproved, unfenced and unused by the pubIic: and
�Vhereas the Country Club Company desires the use of the
lands which comprise said Streets and alleys in connection with the
. property which it owns on all sides of such Streets and alleys and
' thcre does not appear to be valid objection against granting the use of
� said lands to said Country Club Company; now therefor
Be It Ordained by the City Council of the City of Dubuque:
Section I. That that part of St. Joseph Street extending
from the snuthwesterly line of $radley Street to its termination at Perry
Street be and the same is hereby vacated.
:iection 2. That all of Altman Street be and the same is
hereby vacated.
:iection. 3. ThaY all of Kiene Street be and the same is
hereby vacated.
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Section 4. That all of the unnamed street situated betweea
Lots 149 and 150 in Grand View Place and exteading from the westerly
line of Grand View Place eastcrly to Altman Street be and the same are
hereby vacated.
Section 5. That a11 of McPherson Street be and the samc is
hereby vacated.
Section 6. That all of Stcrling Street be and the same is
hereby vacated.
Section 7. That that part of Perry Strect extendfng from the
westerly line of Grand View Piace to the northwestcrly line of Rider
Street in Grand View Park be and the same is hereby vacated.
Sectton 8. That all of l�4organ Strcet be and the sazne ia
hereby vacated.
Section 9. That that part of Park Street (now called Randall
Place) extending from the southwesterly line of the alley between
Bradley and Perry streets and southwesterly to its termination at
Morgan Street be and Yhe same is hereby vacated.
Section 10. That that part of Dunning Street cxtending from
the southwesterly line of the alley betwen Bradley and Perry streets
southwesterly to its termination be and the same is hereby vacated.
Section 11. That that part of Henderson Street extending
from the southwesterly line o# the alley between Bradley and Perzy
streets southwesterly to its termination be and the same fa hereby
vacated.
Section 12. That that part of Rider Street extending from
the southwesterly line of alley between Pcrry and Morgan streets to its
termination in Morgan Street be and the same is hereby vacated.
, Section 13. That all of the aliey in Grand View Place between
Altman and Kiene Street extending from Perry Street southerly to thc
termination of Grand View Place be and the same is hereby vacated.
Section 14. That that part of the alley lying bet�+een Perry
and Bradley streets, extending from the westerly side of Grand Vicw
Place and running scutherly to a point therein opposite the south-
easterly lot line of Lot 44 in Grand View Place be and the same is
hereby vacated.
Section 15. That all of thc alley extcttding throu�h Block 8
of Grand View Park running from Park Street (now Randall Place)
i northwesterly to Dunning Street be and the same ie hereby vacated.
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Sectian 16. That all of the alley in Grand View Park lying
easterly of Block lb thereof and being said Slock 16 and Blocks 10 and
11 in Gr.-►nd View Park and Mineral Lot 17 be and the same are hereby
vacated.
5ection 17. That all of the alley located in the easterly part
of Grand View Place where Grand View Place and Grand View Park join
and extending from Perry Street to where it terminates at a point
westerly at Block 16 in Grand View Park be and the same is hereby
vacated.
Section 18. That the alley extending through Block 14 and
along thc Southwesterly side of Blocks 13, 12 and Il in Grand View
Paxk extending from the �orthwesterly line of Rider Street in a north-
westerly direction to the aliey lying easterly of $lock 16 in Grand View
Park be and the same is hereby vacated.
�, ' Sectian 19. That the use of the lands comprising the streets
and alleys herein vacated�be and the same is hereby granted to the
Country Club Company and that such use be conferred to said Country
Club� Company until�such�a time:�as the City Council of the City of
Dubuque may deem it necessary or expedient to again use said lands
for public purposes or make sorue other dispositions of the same.
� Section 20. This Ordinance shall be in force and effect 10
days from and after its final passage and adoption by the City Council
and publication as provided by law.
' , Passed upon �rst read.this 16th day of July, 1923.
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� , � Passed and adcpted :upon final reading this 17th day of
August. 1923.
. . . . ; .
JAMES ALDERSON, Mayor
� _ ; L. H. BREDE,
. . ; . • THEO. GABRIEL,
� � �� ED SCHREMPF,
. _ H. G. MELCHIOR,
• � ' � Councilmen
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Attest: • ' 30HN STUBER�
. City Clerk
� Published officially in the Times-JournaI and Telegraph-Herald
newspapers� August 21, 1923.
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�� 8-21-1t ` ' . JOHN STUHER�
• . � City Clerk
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�ERTIFICAZE OF�ITY CLEpK
STATE OF IOWA )
) ss:
COUNTY OF DUBUQUE )
I, Mary A. Davis, do hereby certify that I am the duly appointed�
qualified, and acting Clerk of the City of Uubuque, Iowa in the County
aforesaid, and as such Clerk I have in my passession or ha're access Lo
the records of the proceedings of the City Council. i do further state
that the hereto attached is a correct copy of the
original Special Ordinance approved and adopted by the City Council of
the City of Oubuque, Iawa, at a session held by said Council on the llth
day of August, 1923.
In Testimony Whereof, I hereunto set my hand and official sea'! of the
City of Dubuque.
Dated at Dubuque, Iawa this 2nd day of February, 1996.
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:fi:ts�� �, .�r' C. � /�L�C.<L
;, . '�-,J Mary ���Oavis� CMC
��: � ,� . . ' �;. City Clerk for City of Dubuque, Iowa
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