Petition to Vacate a portion of Grace Street, University of Dubuque - Grace Street Vacate Agreement_InitiateCity of Dubuque
City Council Meeting
Copyrighted
August 16, 2021
Items to be set for Public Hearing # 2.
ITEM TITLE: Petition to Vacate a portion of Grace Street, in the City of Dubuque, Iowa
University of Dubuque -Grace Street Vacate Agreement
SUMMARY: City Manager recommending that a public hearing be set for September
7, 2021 on the disposal of Lot 14A of O'Hare's Subdivision for a
purchase price of $80,491.50, plus publication and filing fees.
RESOLUTION Intent to vacate a portion of Grace Street, in the City of
Dubuque, Iowa, to be known as Lot 14A of O'Hare's Subdivision, in the
City of Dubuque, Iowa
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: September 7, 2021 Suggested Disposition:
ATTACHMENTS:
Description Type
Petition to Vacate a Portion of Grace Street-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
Notice of Hearing Supporting Documentation
Vacate Plat Supporting Documentation
Vacate 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: Petition to Vacate a portion of Grace Street, in the City of Dubuque, Iowa
University of Dubuque -Grace Street Vacate Agreement
DATE: August 11, 2021
In response to a request from the University of Dubuque to vacate a portion of Grace
Street between Algona Street and McCormick Street in the City of Dubuque, City
Engineer Gus Psihoyos states that the City has entered into an agreement with the
University of Dubuque for the sale of City owned property to be used for their proposed
campus improvements. The property to be conveyed to the University of Dubuque
includes a portion of the Grace Street right of way between Algona Street and
McCormick Street. The area contains a portion of the public Grace Street pavement that
runs thru the University of Dubuque campus.
The right of way area to be vacated is described as Lot 14A of O'Hare's Subdivision, in
the City of Dubuque, Iowa. The City of Dubuque is reserving a public utility easement
over the entirety of said Lot 14A to accommodate the existing utilities in the area. Per
the agreement, the City will turn over ownership and maintenance of the existing water
and sewer mains in the vacated area to UD, as these utilities only serve UD properties
and buildings. The plat also reserves the right for access by emergency response
vehicles.
City Engineer Gus Psihoyos recommends that a public hearing be set for September 7,
2021 on the disposal of this property for a purchase price of $80,491.50, plus
publication and filing fees.
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
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Petition to Vacate a portion of Grace Street, in the City of Dubuque, Iowa
University of Dubuque -Grace Street Vacate Agreement
DATE: August 9, 2021
INTRODUCTION
This is in response to a request from the University of Dubuque (UD) for the vacating of
a portion of Grace Street between Algona Street and McCormick Street, in the City of
Dubuque, Iowa.
BACKGROUND
The City of Dubuque has entered into an agreement (see agreement attached) with UD
for the sale of City owned property to be used for their proposed campus improvements.
The property to be conveyed to UD includes a portion of the Grace Street right of way
between Algona Street and McCormick Street. The area contains a portion of the public
Grace street pavement that runs thru the UD campus. The campus improvements
include a new pedestrian plaza in the area to be vacated. The plaza improvements
would still allow for pedestrian access from Algona to McCormick. The agreed upon
price for the vacated street area is $80,491.50. UD will be responsible for all publication
and filing fees.
DISCUSSION
Per the agreement with UD, UD had hired an engineering consultant, WHKS & Co., to
perform a traffic impact study for the proposed street closure. The traffic study showed
very low traffic volumes on this section of Grace Street. It also stated that the proposed
street closure would have minimal effect on the surrounding intersections and streets
and that levels of service would remain the same.
Per the agreement with UD, UD has completed a public outreach campaign associated
with the proposed street closure and vacation. UD had mailed a survey to
approximately 406 residents in the campus vicinity which also included an invitation to
public meetings. In addition to the surveys, UD held two public meetings on campus
(August 3, 2021, and August 10, 2021) to allow citizens to find out more about the
proposed improvements and to ask questions or voice concerns. UD has received
thirty-eight survey responses with the majority of the respondents having no concerns
over the closure. There were two survey respondents who had concerns about traffic
being displaced to adjacent streets. Representatives from a total of four properties
attended the two public meetings held on the UD campus. Representatives from three
of the properties wanted to know more details about the proposed improvements but did
not have concerns over the closure. Representatives from one of the properties said
they often use Grace to get to their workplace west of the campus. Because the Grace
St. traffic volumes and usage are so low, we feel this closure will have little to no impact
adjacent streets and properties.
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 14A of O'Hare's Subdivision, in the City of
Dubuque, Iowa. The City of Dubuque is reserving a public utility easement over the
entirety of said Lot 14A to accommodate the existing utilities in the area. Per the
agreement, the City will turn over ownership and maintenance of the existing water and
sewer mains in the vacated area to UD, as these utilities only serve UD properties and
buildings. The plat also reserves the right for access by emergency response vehicles.
The street right of way area to be vacated needs to be platted. WHKS & Co. has
prepared the attached vacation plat.
RECOMMENDATION
am recommending that a public hearing should be held on September 7, 2021, for the
vacation of the right of way property.
ACTION TO BE TAKEN
I respectfully request that a public hearing be held on September 7, 2021, for the
vacation of the right of way property described as Lot 14A of O'Hare's Subdivision, in
the City of Dubuque, Iowa through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
cc: John Klosterman, Public Works Director
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. 13'h St. Dubuque, IA 52001
RESOLUTION NO. 284-21
RESOLUTION OF INTENT TO VACATE A PORTION OF GRACE STREET, IN THE
CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 14A OF O'HARES
SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has entered into an agreement with University of
Dubuque for the sale of City Owned property including a portion of the Grace Street right
of way between Algona Street and McCormick Street, in the City of Dubuque, Iowa, in the
City of Dubuque, Iowa; and
Whereas, the University of Dubuque has requested the vacation of a portion of
Grace Street and the conveyance of the property to University of Dubuque per said
agreement; and
Whereas, WHKS & Co. has prepared and submitted to the City Council a plat
showing the proposed vacated area of Grace Street right of way between Algona Street
and McCormick Street, in the City of Dubuque, Iowa, Iowa and assigned a lot number
thereto, which hereinafter shall be known and described as Lot 14A in O'Hare's
Subdivision, 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 Lot 14A in O'Hare's
Subdivision, in the City of Dubuque, Iowa.
Section 2. That a public hearing, and/or by virtual means, on the intent to vacate
Lot 14A of O'Hare's Subdivision, in the City of Dubuque, Iowa is hereby set for the 7th day
of September, 2021, at the Historic Federal Building, 350 W. 6'h 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 by law.
Passed, approved and adopted this 16th day of August, 2021.
Attest:
Adrienne N. Breitfelder, ity Clerk
Danny C. pr nk, Mayor Pro Tem
1
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 7t" day of September 2021, at 6:30 p.m., in the Historic Federal Building,
350 W. 6t" Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes
to vacate and convey a portion of the Grace Street right of way over the following
described real property to University of Dubuque:
A portion of the Grace Street right of way between Algona Street and McCormick
Street, in the City of Dubuque, Iowa
At the meeting, the City Council will receive in -person and virtual comments from any
resident or property owner of said City to the above action. The official agenda will be
posted the Friday before the meeting and will contain 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.org. At said time and place of public
hearings all interested citizens and parties will be given an opportunity to be heard for
or against said proposal.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13t" St., Dubuque, IA 52001, before said time of public hearing. At said
time and place of public hearings the City Council will receive any written comments
received by the City Clerk's Office before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision, hearing, or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100,
TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -
hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 16t" day of August 2021.
Adrienne N. Breitfelder, City Clerk
RECORDER'S INDEX
LOCATION:
VACATION OF GRACE STREET FROM MCCORMICK
STREET TO ALGONA STREET, DUBUQUE, IOWA
REQUESTER:
UNIVERSITY OF DUBUQUE
PROPRIETOR:
UNIVERSITY OF DUBUQUE
SURVEYOR:
DAN HINGTGEN
COMPANY:
WHKS & Co.
RETURN TO:
WHKS & Co.
1701 ROUTE 35 NORTH
EAST DUBUQUE, IL 61025
PLAT OF SURVEY (ROW Vacation)
THAT PART OF GRACE STREET LOCATED BETWEEN MCCORMICK STREET AND ALGONA STREET IN THE
CITY OF DUBUQUE, IOWA, HEREAFTER, KNOWN AS LOT 14A OF O'HARE'S SUBDIVISION
" TELMAN S SUBDI ISION
HAN STREET VACATION
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OF DUBUQUE, IOWA, HEREAFTER,
KNOWN AS LOT 14A OF O'HARE'S
SUBDIVISION AND MORE
COMPLETELY DESCRIBED AS:
Beginning at the Southeast (SE) Corner of
Lot 1 of Reche's Subdivision No. 2; thence
N 88'29'52" W 564.55 feet along the
North Right-of-way Line of Grace Street to
the Southwest Corner of Lot 10 in said
Reche's Subdivision No. 2; thence
S 10'29'02" W 50.62 feet to the Northwest
Corner of Lot 2 of Lot 14 of O'Hare's
Subdivision; thence S 88'29'52" E 582.41
feet to the Westerly Right -of -Way Line of
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Algona Street; thence N 09'45'33" W
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50.98 feet to the Point of Beginning.
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vacation orea, Lot 14A, is 28,674
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feet or 0.66 acres.
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COORDINATES FOR VACATED STREET
NUMBER
NORTHING
FASTING
DESCRIPTION
101
3656744.1469
5678112.8408
NE CORNER
102
3656693.9031
5678121.4826
SE CORNER
103
3656709.1716
5677539.2771
SW CORNER
104
3656758.9472
5677548.4879
NW CORNER
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LEGEND
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N0. 14052 & CO. SURVEYS, BUT
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VACATED PORTION
OF STREET
,err rrrr� I hereby certify that this land surveying document was
��```' "•.•�• prepared and the related survey work was performed by PLAT OF SURVEY
,.` ENGR. & �p, .�' me or under my direct personal supervision and that 1
j �OF'•.••••• ••'Vu� � am o duly li ensed Lond Surveyor under the laws of the Drawn bg a✓tL Droving Date: 7/26/2071 Project No.: sJrzao
Q . $tote Of Droving Nome: M \931]00 - UD GRACE ST SURVEY\GAO\
J Q i •• � � VACA ADN PLAT -GRACE STDW6
W : DANIEL J.
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w : 14052
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Don gtgen, d Surveyor
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License number: 14052
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My license renewal date is December 31,
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Pages or sheets covered by this seal: _
Date
engineers♦planners+land surveyors
BEARINGS ARE BASED ON NAD83, ZONE
1401, IOWA NORTH COORDINATE SYSTEM
SHEET 1 of 1
Surveyor's Certificate
I, Dan Hingtgen, a Duly Licensed Land Surveyor in the State of Iowa, 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 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque, Iowa.
This survey was performed for the purpose of platting and vacating a part of Grace Street between McCormick St.
and Algona St., said real estate henceforth to be known as LOT 14A OF O'HARE'S SUBDIVISION, in the City of
Dubuque, Iowa. The Total area of LOT 14A OF O'HARE'S SUBDIVISION is 28,674 Square Feet or 0.66 Acres. The
Lot area is mare or less, and the Lot is subject to easements, reservations, restdctions, and dghts-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 dirgFt;personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa.
Dan Hinc
Licensed
License I
Owner's Consent
Dubuque, Iowa
B�oZ�Zd Z/
Date
License Renewal Date 12/31/22
,2021
The foregoing Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque,
Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of
said real estate.
State of Iowa
County of Dubuque ) ss:
By:
CITY OF DUBUQUE
Mayor of the City
Attest:
Clerk of the City of Dubuque
On this _day of , AD 2021, before me, the undersigned, a Notary Public in and for the State of Iowa,
personally appeared Roy D. Buol, the Mayor of the City of Dubuque, and Adrienne Breitfelder, 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 Adrienne Breittelder 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 Adrienne Breitfelder 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 Iowa
Citv of Dubuque Planning Services
Dubuque, Iowa
2021
The forgoing Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque, Iowa, 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, Iowa
Dubuque, Iowa , 2021
The undersigned, Roy D. Buol, Mayor and Adrienne N. Breitfelder, Clerk of the City of Dubuque, Iowa, do hereby certify that the
foregoing Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque, Iowa, as appears
heretofore has been filed on this day of , 2021 as resolution # in the office of the City Clerk of
Dubuque, Iowa and that the City Council of the City of Dubuque, Iowa approves said plat.
Mayor of the City of Dubuque, IA
Clerk of the City of Dubuque, IA
City Assessor's Certificate
Dubuque, Iowa , 2021
The forgoing Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque, Iowa, was entered
of record in the office of the City Assessor of the County of Dubuque, Iowa, on the date first written above.
City Assessor of the County of Dubuque, Iowa
County Auditor
Dubuque, Iowa , 2021
The forgoing Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque, Iowa, was entered
of record in the office of the Dubuque County Auditor this day of , 2021.
We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque, Iowa
Recorder's Certificate
Dubuque, Iowa , 2021
The forgoing Plat of Survey (ROW Vacation) of: LOT 14A OF O'HARE'S SUBDIVISION, in the City of Dubuque, Iowa, has been
reviewed by the Dubuque County Recorder.
Dubuque County Recorder
THE CITY OF
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Mc�steriaiece on tlZe Mississippi
James Steiner, VP Finance and Auxiliary Services
University of Dubuque
2000 University Avenue
Dubuque,lA 52001
Dubuque
Engineering Department
City Hall
AII�AmericaCity
50 W.13th Street
Dubuque, Iowa 52001
563.589.4270
563.589.4205 (fax)
2012
www.cityofdubuque.org
July 9, 2021
Re: Grace Street Right of Way Vacation -McCormick to Algona
Dear Mr. Steiner,
This vacate agreement letter is in response to your request for the vacation and sale of the
approximately 28,850 square feet of the Grace Street right of way between McCormick Street
and N. Algona Street, in order to accommodate the construction of new pedestrian plaza on the
University of Dubuque Campus.
Listed below is a breakdown of the project with responsibility assigned to either the City or the
University of Dubuque (UD):
City Of Dubuque Responsibility:
1. To vacate and sell a portion of the Grace Street right of way from McCormick to Algona
for $80,491.50. This is based on a market rate of $5.58/sf. The market rate was
determined by taking the average assessed land value of the adjacent residential
properties at the east and west end of the of the area to be vacated ($4.19/sf) then
adding 33% for market rate. The market rate of $5.58/sf over the approximately 28,850
square feet area equals $160,983.00. This value was then reduced by 50% ($2.79/sf)
for the reservation of a public utility easement over the vacated area.
2. City will reserve a public utility easement over the entirety of the vacated Grace Street
right of way. This easement would 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. Access for emergency responders would also be reserved and access for said
vehicles would have to be maintained by UD.
3. City will turn over ownership and maintenance of the existing water and sanitary sewer
main utilities in the vacated area to UD. City will continue to own and maintain the public
fiber optics utilities in the vacated area.
4. Upon receipt of the plat of survey of the area proposed to be vacated, the request will be
taken to the City Council to be set for a public hearing and formal approval.
5. 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 to UD for the vacated property and
record the deed.
University of Dubuque Responsibility:
1. Submit a request to vacate in writing to: The Honorable Mayor and City Council at 50
West 13t" Street, Dubuque, Iowa, with reasons for the proposed vacating and a sketch
or plat of the area to be vacated.
2. Purchase the vacate right of way area for the amount of $80,491.50 plus $100 for
publication and filing fees.
3. A plat of survey must be prepared at UD's expense by a Licensed Land Surveyor. This
will show the boundaries of the proposed vacating and assign a legal description to the
property.
4. UD will accept ownership and maintenance of the existing water main and sanitary
sewer mains in the area of the vacated Grace right-of-way.
5. Perform public outreach regarding the proposed vacation and street closure. This could
be in the form of public meetings and surveys. UD would conduct virtual public input
meetings (2 minimum) on a Tuesday or a Thursday from 4-6 pm and this would be an
open house style meeting. This would give the UD a chance to explain to public why
they are proposing to close Grace Street. UD would provide aself-addressed-stamped
mail survey to people (in the affected area as determined by City) who can't attend
meetings. UD would then provide the City with the results of meetings/surveys. The
public outreach activities shall conform to the requirements above but may be altered if
agreed upon by UD and City.
6. Allow for and maintain access along the vacated right of way area for emergency
response vehicles.
If you are in agreement with the above terms, please sign and return this letter to City
Engineering Department, 50 W. 13'" Street, Dubuque, Iowa 52001. This vacate agreement
letter offer is contingent upon final approval of the vacation by the City Council.
Sincerely,
Gus Psihoyos, City Engineer
UNIVERSITY OF DUBUQUE
4
J es Steiner, VP Finance and Auxiliary Services
University of Dubuque
2000 University Avenue
Dubuque, IA 52001
Cc: Mike Van Milligen, City Manager
Wally Wernimont, Planning Services Manager
Nate Kieffer, PLS
John Klosterman, Public Works Director