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Vacate a Portion of Randall Place, to be known as Lot 1A Block 7 of Grandview Park Copyrig hted April 5, 2021 City of Dubuque Items to be set for Public Hearing # 3. City Council Meeting ITEM TITLE: Petition to Vacate a Portion of Randall Place, in the City of Dubuque, lowa- Dubuque Golf and Country Club Randall Place Vacate Agreement SUM MARY: City Manager recommending that a public hearing be scheduled forApril 19, 2021 on a request from Dubuque Golf and Country Club to vacate a portion of Randall Place for a purchase price of$32,197. RESOLUT ION I ntent to vacate a portion of Randall Place, in the City of Dubuque, lowa, to be known as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, lowa SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing forApril 19, DISPOSITION: 2021Suggested Disposition: ATTACHMENTS: Description Type Dubuque Golf and Country Club Petition to Vacate- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Notice of Hearing Supporting Documentation Vacate Plat Supporting Documentation Area Map Supporting Documentation Agreement Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Petition to Vacate a Portion of Randall Place, in the City of Dubuque, lowa Dubuque Golf and Country Club Randall Place Vacate Agreement DATE: April 1, 2021 In response to a request from Dubuque Golf and Country Club to vacate a portion of Randall Place south of Bradley Street and between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park, City Engineer Gus Psihoyos states the City will reserve a public utility easement over the entirety of Lot 1A to accommodate the existing utilities in the area. City Engineer Gus Psihoyos recommends approval of the request to vacate for a purchase price of $32,197. Dubuque Golf and Country Club will be responsible for all publication and filing fees and will assume ownership and maintenance of the existing storm sewer utilities in the vacate area. It is further recommended that a public hearing be scheduled for April 19, 2021 on the vacation request. I concur with the recommendation and respectfully request Mayor and City Council approval. Y Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF � All•pmerisa Ci$ Du8 E �m��,��, h� , � �.� , I I MRste iece on the MisSiSsi i zoo�•zoiz=zois � pp zoi�*zot9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Petition to Vacate a portion of Randall Place, in the City of Dubuque, lowa Dubuque Golf and Country Club - Randall Place Vacate Agreement DATE: March 30, 2021 INTRODUCTION This is in response to a request from the Dubuque Golf and Country Club (DGCC) for the vacating of a portion of Randall Place south of Bradley Street and between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park, in the City of 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 club house 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. The agreed upon price for the vacated street area is $32,197.00. DGCC will be responsible for all publication and filing fees. DGCC will assume ownership and maintenance of the existing storm sewer utilities in the vacate area. DISCUSSION The attached plat shows the right of way area proposed to be vacated. The right of way area to be vacated is described as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, lowa. The City of Dubuque is reserving a public utility easement over the entirety of said Lot 1A to accommodate the existing utilities in the area. The street right of way area to be vacated needs to be platted. Buesing and Associates, Inc. has prepared the attached vacation plat. RECOMMENDATION I am recommending that a public hearing should be held on April 19, 2021, for the vacation of the right of way property. ACTION TO BE TAKEN I respectfully request that a public hearing be held on April 19, 2021, for the vacation of the right of way property described as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, lowa through adoption of the enclosed resolution. Prepared by Nate Kieffer, PE/PLS cc: John Klosterman, Public Works Director 2 Prepared by Nate Kieffer, City of Dubuque Engineering 50 W. 13th St. Dubuque, IA 52001 Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 13th St. Dubuque, IA 52001 RESOLUTION NO. 100-21 RESOLUTION OF INTENT TO VACATE A PORTION OF RANDALL PLACE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 1A BLOCK 7 OF GRANDVIEW PARK, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has entered into an agreement with Dubuque Golf and Country Club for the sale of City Owned property including a portion of the Randall Place right of way between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park, in the City of Dubuque, Iowa; and Whereas, the Dubuque Golf and Country Club has requested the vacation of a portion of Randall Place and the conveyance of the property to Dubuque Golf and Country Club per said agreement; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council a plat showing the proposed vacated area of Randall Place right of way between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park, in the City of Dubuque, Iowa and assigned a lot number thereto, which hereinafter shall be known and described as Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Ala911111L1-910 Section 1. That the City of Dubuque intends to vacate Lot 1 A Block 7 of Grandview Park, in the City of Dubuque, Iowa. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate Lot 1A Block 7 of Grandview Park, in the City of Dubuque, Iowa is hereby set for the 19tn day of April, 2021, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 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 said real estate to be published in the manner as prescribed bylaw. Passed, approved and adopted this 5th day of April, 2021. - I , " 0, /�'j Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, C6 Clerk CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa will hold a public hearing on the 19t" day of April 2021 at 6:30 p.m. virtually at which meeting the City Council proposes to vacate and convey a portion of the Randall Place street right of way over the following described real property to Dubuque Golf and Country Club: A portion of the Randall Place right of way lying south of Bradley Street between Lot 1 Block 7 and Lot 17 Block 8 of Grandview Park, in the City of Dubuque, lowa Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on April 16, 2021 and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk _cityofdubuque.orq. Copies of supporting documents for the public hearing are on file in the City Clerk's Office, City Hall, 50 W. 13t" St., Dubuque, lowa. To comply with social distancing mandates, documents can be viewed at https://www.cityofdubuque.orq/Aqendas or by contacting the City Clerk's Office at 563-589-4100. Written comments regarding the above public hearing should be submitted to the City Clerk's Office, 50 W. 13t" St., Dubuque, IA 52001, ctyclerk cityofdubuque.orq, on or before said time of public hearing. At said time of public hearing all interested citizens and parties will be given an opportunity to submit online written comments for or against said proposal. Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, ctyclerk _cityofdubuque.orq as soon as feasible. Deaf or hard- of-hearing individuals can use Relay lowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 5t" day of April, 2021. Adrienne N. Breitfelder, City Clerk Plat of Survey (ROW Vacation) of: Lot 1 A Block 7 of Grandview Park, in the City of Dubuque, lowa INDEX LEGEND Location: Lot 1A Block 7 of Grandview Park NE1/4 of Section 35,T89N,R2E of the 5th P.M.,Dubuque County,lowa Requestor:Dubuque Golf&Country Club Proprietor: City of Dubuque 50 W.13th St.,Dubuque,IA 52001 Surveyor: Terry L.Kcelker Company: Buesing 8�Associates,Inc. 1212 LoCust St.,Dubuque,IA 52001 PREPARED 8Y: BUESING k ASSOCIATES ADDRESS: 1212 LOCUST STREET, Return To: tlkoelker@buesing.com (563)556-4389 DUBUQUE, IOWA PHONE: (563) 556-4389 NOTE � � THIS SURVEY IS COMPRISED OF: PART OF RANDALL PLACE & PART OF � � 20' ALLEY, BEING SW OF BRADLEY ST., IN THE CITY OF DUBUQUE, IOWA 1 31, � �� d� 5/8� �\ \ � o�� C�C DETAIL S RU�RE d�o \�� o� o� � \ / NO—SCALE NORTH CORNER OF � �' � / LOT 1 OF BLOCK 8 �y�ry h 0�` ��y O� \ �O�� / OF GRANDVIEW PARK ,� 1.5" IP 5/8� R p �O � O n� \ �j/�� . "t \ W/RED CAP � U �C �'12631 � 7^' � / � �O� ��'� �p "VO � \ � ��o� o�� F� � o�� o� � �o A i �- i \ s �� ,p� / �'�o � � � � � � \ s A R,yB'�9 9�S o �� / �.PG� \ ,r� �� F oJ� o� p � Q nx� 2�, ��, 8��•� 2�98,9- �o,�� pP�� <<Fy � pJ\ r�� P / � ��p) 9`9irJ / �.�h1 � \ ��p. 5�g-� /`�o,. J S�UARE d<o so ,�� R�DETAIL �a�O�s /O°'� B�O o\oJ / �� ,,'r- ^,� �o o � .t 1 IP ,� �O �6 �r s\ qV, � �� O� �o� P P,�y� so �y8\ /� �° �.p �P��\ `,o�`,�``��` ��J � �� ,��`', '{' 9 9 �o� `�'°' ��% �F G +�, ,�� LL \ �ti� � R�iSs996'J �°� �� , A � � ,o �� tio°� ` pLACE h� ti�°c� � �9��Fy. i`� \ ,,��ry q�'�r O 9�, e� ,�'h � .� �� -v L �, S'T sx ti �� q��F°�o. � LOT 1 A �^� �,yh°�o e� \ �so,99�,s� s o, �°� �,,�6 � o.� ryo 8,101 SF � o ��y �Pp •�j r o ,ti � � J ss\ ., ti ., �o�^� �.�'0 9�\` �o�; � �o�ti Q PR \ \ ,gJ o� A� 1 � � s�°rs��,l��'ry� � P �� \ oJ � � G� \ � \ , ��' 0 \ P��Q�P "�`L ` J QQY� �� 9�' \ �P� � � ��1 9``�O?�' \ � O��G � � � \`\��pp��U��n�D uiiiiiii�ii 0' 25' S0' 100' :`��.o,. .,s�� 2. ' G� ��: TERRY L •�� SCALE: �� JO� 'J: KOELKER �A_ NOTES � 15487 � 1.ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF_ � 2TOTAL AREA OF PERIMEiER SURVEYED IS 8,101 SF. /�i*•��'•. ••��*� 3.THIS PUT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. ��ii�j��"OIWP\\\��p0�� LEGEND 4_BEARING IS BASED FROM NAD83, ZONE 1407, IOWA NORTH COORDINATE SYSlEM. • FOUND 1.25" IP W/ALUMINUM CAP I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS UE�ING (UNLESS OTHERWI$E NOTED) PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME O PLACED 5/8' IRON REROD W/ORANGE OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT'I.AM A DULY ASSOCIA S INC. ENC1NddR3 IND SORVdYORS PLASTIC CAP MARKED "KOELKER 15487� LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. �p�y LOCU5f ST, DUBU�UE, IA SURVEYED BOUNDARY UNE � (se3)sse—s�ee PROPERTY LINE ..,�u� -- -- SUBDIVIDED LINE 7 03/23/2021 DRAWN BY_ JCH CHECKED BY: TLK _ _ROW_ _ RIGHT OF WAY LINE (DATE) SURVEY DATE: 01/03/2020 —DLO—DLO— DIMENSION LINE ONLY LICENSE NUMBER 15487 PLOT DATE: 03/23/2021 SCALE: 1" — 50' SF S�UARE FEET MY IJCENSE RENEWAL DATE IS DECEMBER 31, 2021 DWG. N0. 19324-07 BOUNDARY IP IRON PIPE SHEETS COVERED BY THIS SEAL: SHEETS 1 Ac 2 S H E E T 1 O F � 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(ROW Vacation)of: LOT 1A BLOCK 7 OF GRANDVIEW PARK, in the City of Dubuque, lowa. This survey was performed for the purpose of platting and vacating a part of Randall Place 8�a part of 20'Alley, being SW of Bradley St., said real estate henceforth to be known as LOT 1A BLOCK 7 OF GRANDVIEW PARK, in the City of Dubuque, lowa. The Total area of LOT 1A BLOCK 7 OF GRANDVIEW PARK is 8,101 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. � =�� i 3/23/2021 Terry L. Ko Iker Date Licensed Land Surveyor License No. 15487 License Renewal Date 12/31/21 Owner's Consent Dubuque, lowa , 2021 The foregoing Plat of Survey(ROW Vacation)of: LOT 1A BLOCK 7 OF GRANDVIEW PARK, in the City of Dubuque, 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 2021, 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 Ciry 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 Dubuaue Plannins�Services Dubuque, lowa , 2021 The foregoing Plat of Survey(ROW Vacation)of: LOT 1A BLOCK 7 OF GRANDVIEW PARK, in the City of Dubuque, 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 Citv of Dubuaue, lowa Dubuque, lowa , 2021 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(ROW Vacation)of: LOT 1A BLOCK 7 OF GRANDVIEW PARK, in the City of Dubuque, lowa, as appears heretofore has been filed on day of , 2021 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 , 2021 The foregoing Plat of Survey(ROW Vacation)of: LOT 1A BLOCK 7 OF GRANDVIEW PARK, in the City of Dubuque, 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 Countv Auditor Dubuque, lowa , 2021 The foregoing Plat of Survey(ROW Vacation)of: LOT 1A BLOCK 7 OF GRANDVIEW PARK, in the City of Dubuque, lowa, was entered of record in the office of the Dubuque Counry Auditor this day of , 2021. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque, lowa Recorder's Certificate Dubuque, lowa , 2021 The foregoing Plat of Survey(ROW Vacation)of: LOT 1A BLOCK 7 OF GRANDVIEW PARK, in the City of Dubuque, lowa, has been reviewed by the Dubuque County Recorder. Dubuque Counry Recorder Special Achievement in GIS Insert Title THE"TYVF i � 2018 Award Winner DUB E Masteryvece ou Nre Mi:.i��ipVi Insert Subtitle ^��R ,�,p , 445� ` ' . �, 510 - : — '�;;.. 459. f ��' " �� ., �.430� '�� ' � ;��' ' � � _ 520 530� �� ! 232 . -. ,�> ,. � . ✓ _ : ,. .,r , ��. • ,> � -.:. �.:. 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Office o�;�5� DISCLAIMER TI :- '�: � -'��il�.l �siny che Dub y A -G oy ph I�Y-�- n SYscem one�s�,wn�n��waes aaca«eacea ev eom me c�ty oe � M8p Pr2p8r2d by: o�b�q�e a�a o�b�q�e co��ty. ¢�s��de�srood mat wn�ie Clt Of DUbU U2 the Ci[y of Dubuque and par[icipa[ing agencies u[ilized fhe Y q r'°�`""eO`a°°a`"'a`e'°`°""a"°°a"a"ab'e °AG's a°° 1 ineh = 100 feet Engineering Division ==�PP�e,=do�o�wa«a�<<he a«�,a�v o,��«e��v of�he `n/ C ��ro�mac�o�o�daca�o�ca��ed ne�e��.rne ccv a�d pamrpan�9 V V C 50 West 13th Street a9e��es sna��oc be ne�a�ab�e ro,a��a,e�c,�a,e�c,��me�ca�, DUbUqUe,IOWa 52001 co sequen[ial,puni[ive,or special damages,whe[her foreseeable or ��ro�eseeabie,a�s�9 o�c or me a�mo�aea o��a�mo,aea�se or 100 50 0 100 Feet Ph0112:(563)589-4270 m��s aaea o�me��ab�rcv co�se m�s aaca o�o�c or a�v b,ea�n or wa��a�ry wnar�oe�e� Fax:(563)589-4205 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 4 � Special Achievement in GIS EXHIBIT A ,,,b�R,�. L.�._ 2618 Award Winner RANDALL PLACE DUBU4,��UE VACATE AREA '"^�'�'��°CP0°"K"'�s�� .` . -. �d� 45'3'.. _ 5`fU�• i-.� p � I' � �_ 41fl' �+. �'i'y .� .r..4 � P 232. _ _ :�. �. . 5�U � _ � � � .. ' •� . Q�15 ~`• r'.. 4$9 - ,�` �= � 5d6 ` � �E} � '�� . � .�.50 r '" ,. `e+�. �y.45� .� .ti, :� �'. r 2-�f1 - � . - �r1 J'55;� • .� �� f .._R. " . �� . � � ,�d ''�_ z ,,��;,= � - �� - � � � 5{i0; :•250 - =1 HAQ ' � � _--.. �r::? ;�r _ , � .. �.�rt. ,., , . ,f� ; � . � . ��. ,��r- f... � rRTION OF � �. # soQ�. � `�' �?F�:� �NDALL PLACI �`,-, ' . � �� -.� ��., ^uT nF Wqv Y ss� �`� y; _,. �r.` '1775. '� .. •- ��•� '� _ �� .� �� -'r569 �`� E 8a6 � .,`_ -� '52t3 ~ • . .� . ; .�i� . `579 ; c ti. .�.-'�' ��.' .. F !�' Fr n a� - ' - .- •. ' �. " ': �� • J i' � � J9�� 1 i � ':j:� .. � �+ . .•. ' �..•.'. -r,�'} - ��' .. ,'�� . ��. . 'r�'4sR1V�� f� J � �[ ,> - - '�li�y • �'' •• '.y "Y .l r, ._ . __�,: , f� ''" :f 05 . � �V00�.' 7\�/ . �' '_ ' � . 4 . �. �. 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City of Dubuque imacmyoroueua��.a�ei�iam'�nu,�4e%i�nscisd,e 1 inch= 100 feet �/�� Englneed�g D'NISiOn r A,c�ik.,omo�o�we.s��ne«��.a�v o.�.,..Mv or�ne V V E hm,mauo�«ae�ecomeneen�,e„. ncana,aoeru�ior.na 50Weet13thSife61 s�.�w�onan�oeee n.ia ibew r«e�w ain<y�m�,«y�Maono,:, Dubuque,lowa 52001 nai,u��a��=i aem>A�,..nem��,.e�em„« �00 50 0 100 Feet Phone'(563)589-4270 �r m�eeeeie,e.�sino aear me mnno.izea a�aumotaa us.or mk ae�e w me ineeu��v�o�s.mi.da�e a wc or e.y wexn or s` Fau•(583)589-4205 wmreMr wnaew.+r, 6 , JCO Rev. 04/01/21 � EXHIBIT B TH6�B E Dubuque Golf & Country Club: EXHIBIT B ,i� Mns�rrpirce on tl�c Mi.slssiyCi City F r{z��rtv Vacated in 1923 Ordinance ' '� - iq•,.7n10 ' �� .•� - .k � �� ` r. y . , ' C ; ` . ;' � ' / ' ".:-`�'��y' . � . r" � ��•. � __ ;;; f _ -- .-��'` _�v. ,�1:_ , t , � ,..• . ;;4, ;�. ,�- ��-.� �� ;� -.:. �� r� �'�,. �, �` �,� :; , r, _ � _� �. . y�� [ � r 1 1 ,�''` ' ��,.� � � �� , _ f � � r� �,. . -..�.� _ � ��, _ }` 'r' � .� �� .��• - � , �� ..r��- , � ,- �Y'=- ' .w.�. 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'.'3 `. � + " .�. -- •- ---...�.. ---..._�.. . ,�{ 1�i, s � -- . - � ;Y: .. �. � � f • 'f, � `",�, . , .. - . _- '.t. t ' � , �3 _ •a•i `� � . I . ��„ Y. .� '� Y•�, � �� '� � -- — ' '� _ • - - _,- ..._�.t.�-'._...�:.�; ,. ,:.. � 17"x 11"Sheet p1 Ctty Property Vecatetl in 1923 Ordlnence Mep PnpiM by:TWK 1 inch=250 feet �E °ryofDubi"�• EtpinaeflrqDNWon g � '-"'- Lot Line so wes�7am snest � «.�..ew..d�or..,...aor N.�O 175 0 ?50Faet y . _ Dudpuc Iows62W1 Plpro:(583)5L&4270 o�•'••• PefCBle Fax'(683)68Di205 p; 7 JCO Rev. 04/01/21 EXHIBIT C 1923 Ordinance � : � ' _ _ ' 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. -1- $ e ' , 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. -2- 9 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. ; ; . � , � 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 • ; . . - Attest: • ' 30HN STUBER� . City Clerk � Published officially in the Times-JournaI and Telegraph-Herald newspapers� August 21, 1923. ; . • �� 8-21-1t ` ' . JOHN STUHER� • . � City Clerk . .. � -3- � i , j' . . . , , , �i � . . . . . . -,� ,! � � � ,, - 10 � ! �� • •4 L �..� .��'. : ,`.. �;, � ��I ti:: �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. ..,,�,. .,;`j-t;L.`�_F'- j�. � ;�J��'�•�•:�•�.r'�•.� •:K`�. •,:..��bt ••jy�;'�1�: .�y��: k R ��' ,�{t:': • r :£��l� ,�5�'� �i�,'9•�.w � , :fi:ts�� , .�r' C. � /�L�C.<L ;, . '�-,J Mary ��Oavis� CMC ��: � ,� . . ' �;. City Clerk for City of Dubuque, Iowa ,'%,��' • v r,`..� . . ;,. i : � I . � . 1 11