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Vacate and Sale of Undeveloped Alley at Sycamore StreetTHE CITY OF DUB' E MEMORANDUM Masterpiece on the Mississippi September 10, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacation and Sale of Undeveloped Alley Economic Development Director Dave Heiar is recommending that a public hearing be set for October 1, 2007 to consider the sale of the undeveloped alley in the square block bordered on the north by 16t" Street, on the south by 15t" Street, on the east by Sycamore Street and on the west by Cedar Street, to SB Development LLC, which is purchasing that block. This area is the current home of Blum Co. The vacation of this alley would create a development parcel at the site across the street from the former Dubuque Packing Company. SB Development LLC is the development corporation that acquired the former Dubuque Packing Plant site and is currently developing that site and acquiring other parcels in the surrounding area. The City would sell the vacated alley for $1.00 in return for the right to repurchase the alley for the same price and to acquire the entire real estate parcel for the price paid by SB Development, plus an amount equal to any actual interest expense incurred for the financing of the acquisition of the real estate and an additional amount of $10,000 if the City exercises its right to acquire the property in 2007, $15,000 if exercised in 2008, $20,000 if exercised in 2009, and $25,000 if exercised in 2010. While it has not been finally determined, the City may need this property for construction of the Bee Branch Creek Restoration Project. I concur with the recommendation and respectfully request Mayor and City Council approval. ,q ~~1 ~~ ~ 4 `~, Michae C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi September 6, 2007 TO: Michael Van Milligen, City Manager ~ ,; FROM: David J. Heiar, Economic Development Director ~~~ SUBJECT: Setting Public Hearing for the Vacation and Sale of Undeveloped Alley BACKGROUND SB Development LLC, the development corporation that acquired the former Dubuque Meat Packing Plant site, headed by Wayne Briggs, is in the process of acquiring several parcels of land along the south side of 16th Street. These parcels include lots 378, 379, 380, 381, 382, 413, 414, 415, 416, and 417 in East Dubuque No. 2 (see attachment "A" and aerial photo) and are the current home of Blum Co. The SB Development Group also desires to acquire the undeveloped alley which lies in the center of the aforementioned lots. The current owners of this real estate, and their predecessors have used and occupied the undeveloped alley for many years. The City currently does not utilize the alley and no utilities are located in the parcel proposed to be vacated. The proposed agreement for City Council consideration is to vacate and sell the alley to SB Development LLC includes the following terms: 1. The City sets and holds a public hearing on the proposed vacation/sale of the alley. 2. The City sells the alley for $1.00 3. In the event that the City needs some or all of the Real Estate in connection with the Bee Branch project, SB Development shall sell the Real Estate to City at an amount equal to: (i) SB Development's cost to acquire the Real Estate ($550,000.00); plus (ii) an amount equal to SB Development's actual interest expense incurred to finance the acquisition of the Real Estate; plus (iii) the "Additional Amount" as described below. The "Additional Amount" shall mean $10,000 if the City exercises its rights to acquire the property in 2007, $15,000 if exercised in 2008, $20,000 if exercised in 2009 and $25,000 if exercised in 2010. RESOLUTION NO. 481-07 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 378A OF EAST DUBUQUE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, SB Development, LLC have requested the disposal of a vacated alley platted as Lot 378A of East Dubuque No. 2; and Whereas, IIW Engineering and Surveyors, PC has prepared and will record a plat showing the vacated alley and assigned lot number thereto, which is known and described as Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa, in the Office of the Dubuque County Recorder. Whereas, 378A of East Dubuque No. 2 is a public alley planned for vacation by the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa, to SB Development, LLC be contingent upon the payment of publication and filing fees and $1.00 and other considerations. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 17th day of September, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk F:\USERS1DHeiarWlley vacation FDL ite\Fonner Pack site Alley Vacate -Intent to Dispose Resolution.doc 4. In the event the City gives notice to reacquire the Real Estate for the Bee Branch project, SB Development shall provide City with an updated abstract at SB Development's expense, and shall cure any title defects caused by it at its expense. SB Development shall deliver a warranty deed, declaration of value and groundwater hazard statement to City at the closing and SB Development shall pay the transfer tax, prorated real estate taxes and its own attorney fees. City shall pay its own attorney fees and recording costs. RECOMMENDATION/ACTION STEP Based on the fact that the City currently does not utilize the alley, and with the additional commitment that the City can reacquire the alley and adjoining lots if needed for the Bee Branch project, I recommend that the City Council set a public hearing for October 1, 2007 to consider the vacation and sale of the undeveloped alley shown on Exhibit A based on the terms of the attached agreement. Attachments F:\USERS\DHeiarWlley vacation FDL Site\Vacate Alley set for ph.doc AGREEMENT TO VACATE ALLEY This Agreement to Vacate Alley ("Agreement") is made and entered into this day of September, 2007, by and between the City of Dubuque, Iowa ("City") and SB Development, L.L.C. ("SB Development"). RECITALS A. SB Development has or is in the process of acquiring the following described real estate located in the City of Dubuque, Iowa (hereinafter referred to as the "Real Estate"): Lots 378, 379, 380, 381, 382, 413, 414, 415, 416 and 417, in East Dubuque No. 2, in the City of Dubuque, Iowa, according to the recorded plat thereof. B. There is a platted but undeveloped alley way running through and adjacent to the Real Estate as legally described on Exhibit "A" hereto (the "Undeveloped Alley"). The party in possession of the Real Estate and its predecessors in title have used and occupied the Undeveloped Alley for many years. C. The parties desire that the City vacate the Undeveloped Alley as described herein in accordance with the terms of this Agreement. THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Vacation of Alley. The City shall take all such action as may be necessary or appropriate to vacate the Undeveloped Alley described herein with the effect that such vacated alley shall revert to the owner of the adjacent lots which adjacent lots are described in Recital A hereto. SB Development shall pay the City $1.00 for the vacated Undeveloped Alley. 2. Purchase of Real Estate by City. In the event that the City needs some or all of the Real Estate in connection with the Bee Branch project, SB Development shall sell the Real Estate to City at an amount equal to: (i) SB Development's cost to acquire the Real Estate in the amount of $550,000.00; plus (ii) an amount equal to SB Development's actual interest expense incurred to finance the acquisition of the Real Estate; plus (iii) the "Additional Amount" as described below. The "Additional Amount" shall mean $10,000 if the City exercises its rights to acquire the property in 2007, $15,000 if exercised in 2008, $20,000 if exercised in 2009 and $25,000 if exercised in 2010. The conveyance of the Real Estate from SB Development to the City shall occur, if at all, within sixty (60) days after the City provides SB Development with notice of its intent to acquire the property for use in the Bee Branch; provided, however, the City's rights to acquire the Real Estate pursuant to this Agreement shall terminate if no such notice is provided to SB Development by December 31, 2010, unless this Agreement is extended by a written instrument signed by all the parties hereto. 3. Costs and Procedure re Repurchase. In the event the City gives notice to reacquire the Real Estate as provided in this Agreement, SB Development shall provide City with an updated abstract (updated within 30 days of the scheduled closing), at SB Development's expense, and SB Development shall cure any title defects caused by it at its expense. SB Development shall deliver a warranty deed, declaration of value and groundwater hazard statement to City at the closing and SB Development shall pay the transfer tax, prorated real estate taxes and its own attorney fees. City shall pay its own attorney fees and recording costs. 4. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. This Agreement shall be binding upon the parties' successors, heirs and assigns. This Agreement may not be modified or waived except pursuant to a writing executed by the parties hereto. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall be deemed to be one and the same instrument. CITY OF DUBUQUE, Roy D. Buol, Mayor By: Jeanne Schneider, City Clerk SB DEVELOPMENT, L.L.C. By: Wayne A. Briggs, President F:\USERS\DHeiarlAlley vacation FDL Site\SB Development-City of Dubuque Vacate Agr.doc 9/7/07 PREPARED BY: IIW ENGINEERS & SURVEYORS P. C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556-2464 PLAT OF SURVEY LOT 378A OF EAST DUBUQUE N0. 2 IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: THE VACATION OF A 20-FOOT WIDE ~ / ALLEY BETWEEN EAST 15TH STREET AND EAST / ~ / ' 16TH STREET AND ADJACENT TO LOTS 378-382 /~~ ~, AND LOTS 413-417 OF EAST DUBUQUE N0. 2 /'~ LOT 378A IN THE CITY OF DUBUQUE, IOWA /', N~626 ~9 ~ 1/\ 5,147 SQ. FT. Y /' ~6~N Na/-' ~ ~ , /' ~ ~ POINT OF '' 3~9 "' ~,,0 9~0 ~ ~~ ` ~. Y O \ / ~ / ~~ BEGINNING Nv: ~~-, / ~G ~ Y ~ ~ ~ ~ c~ \~ 2 3~~1 ~ 3 5 2`364 ~ C ~mG 'dap ~ ~~ a,~a a ~ l6til \~ ~\~~ ~'~,,s ~ .y~2 \ 16e~> ~~ S66'21'44"W~ ~ i1 l6alC 3 / , N66 21 Y\ \~ ~~ Y ~~ .- ~-- /pj 2$~ ~S,IZ i ~,, LEGEND PLAT BOUNDARY ~ FOUND 5/8°IRON ROD W/ PLASTIC CAP N0. 12631 ~ FOUND 1" IRON PIPE UNLESS NOTED 0 SET 5/8"IRON ROD W/ PLASTIC CAP N0. 12631 ® SET NAIL W/ WASHER N0. 12631 ( ) RECORD INFORMATION R.O.W. RIGHT-OF-WAY PROPRIETOR: CITY OF DUBUQUE SURVEYED FOR: CITY OF DUBUQUE DATE OF SURVEY: SEPT. 2007 TOTAL AREA SURVEYED: 5,147 SO. FT ~, , Y, \, ~\ \, NORTH GRAPHIC SCALE 0 100 200 1 "=100' DRAWING MAY HAVE BEEN REDUCED NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. ``~ ~I I ~~~ I A O I uE R \``` \ D W ~~i~ q ME OR UNDER MY THE RELATED SURVEY wORK WAS PERFORMED B AND IIW ENGINEERS & r ~ ' ~ DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYORS P.C. `` * ; *'.~ SURVEYOR UNDER THE LAYS OF THE STATE OF IOWA. , I\TEGRITY EXPERTISE. S(R.U770N5. = ~ JOHN M. - = FOR IIW ENGINEERS k SURVEYORS, P.C. ocxu~L~.u 9155 PEV'NSYLVA~'IA AVE IX.'BIIQl1E. L1521p: _ = TRANMER ¢ = YoicE lsanl sa.zaro rnx Ise>sssieu "... ~~.~ ~.m n : LS 12631 ~ °= . s. c^ ~ ~ JOHN M. TRANMER DATE DRAWN SAF PLAT NO. 51-IA-07 ` ~'i sF ~ ~rrrrr" ~ ~ J?`~ ' ` ~ LICENSE N0. 12631 MV LICENSE RENEWAL DATE IS 12/31/2008 CHECKED JMT PROJ. NO. 07006-15 L A N p '~~`~`\ '~r~ O DATE 09-06-07 SHEET 1 of 2 \` ~ i rlrllllllll~~ PACES OR SHEETS COVERED BY THIS SEAL 07 006 006-15 DWG\CIVIL\07006-15