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Vacate and Sale of Undeveloped Alley_Sycamore St.THE CITY OF ~~ DLTB ~r ~ E MEMORANDUM MasEer~iece nn the Mississippi September 25, 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 the sale of the undeveloped alley in the square block bordered on the north by 16th Street, on the south by 15th 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. ~~ ~~ /~._ Michael 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 Masterj~iece on the Mississippi September 24, 2007 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director SUBJECT: 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 161h 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: 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. 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 following the public hearing on this matter that the City Council approve the attached resolutions authorizing the vacation and sale of the undeveloped alley shown on Exhibit A based on the terms of the attached agreement. Attachments F:\USERS\DHeiarlAlley vacation FDL Site\memo approving vacation of alley.doc Prepared by: David J. Heiar, City of Dubuque, 50 W. 13~' Street, Dubuque, IA 52001 (563) 589-4393 Returned to: David J. Heiar, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4393 RESOLUTION NO. 501-07 RESOLUTION VACATING AN ALLEY Whereas, SB Development, LLC has requested the vacating of a portion of an Alley; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated Alley and assigned lot number thereto, which hereinafter shall be known and described as Lot 378A in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that an Alley is no longer required for public use, and vacating of said Alley, known as Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 378A of East Dubuque No. 2 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 1st day of October, 2007. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor F:\USERS\DHeiarWlley vacation FDL Site\Vacating Resolution.doc Prepared by: David J. Heiar, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4393 Returned to: David J. Heiar, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4393 RESOLUTION NO. 502-07 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 378A OF EAST DUBUQUE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 21St day of September, 2007, the City Council of the City of Dubuque, Iowa met on the 1St day of October, 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 378A of East Dubuque No. 2 in the City of Dubuque, Dubuque County, Iowa in the City of Dubuque, Dubuque County, Iowa, to SB Development, LLC be and the same is hereby approved for the sum of $1 plus the cost of platting, publication, filing fees, and other considerations. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to SB Development, LLC upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 1st day of October, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk F:\USERS\DHeiarWlley vacation FDL Site\Deposing of City Interest Resolution.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 Ailev. 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 Esta#e; plus (iii) the "Additional Amount" as described below. The "Additional Amount" shall mean $10,000 if the City exercises its rights to acquire the properly 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 Reai Esta#e pursuant to this Agreement shalt 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 attomey 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:IUSERS1DHeiarlAlley vacation FDL Site\SB Development-City of Dubuque Vacate Agr.doc 9/7/07 PREPARED BY: IIW ENGINEERS & SURVEYORS P.C, 4133 PENNSYLVANIA AVE. OUBVWE, IOWA, (363) 336-2464 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 /'' J IN THE CITY OF DUBUQUE, IOWA LOT 378A " / , - N66.2$ ~9 ~ , /~ ` ~ 5.147 SQ. F7: / ~ cam'(. 2 A \ ~ ~ /' /BEGINNING NLJ; ~ /" m~ ~ O `~ ` ~ ~ .. , ~ - Ln 1 ~ S 11 ~ ~ ~~ ~ ~ ~~ r' 4~~ ~ a ~3 ` ~ ~ ` 6 ~ ,`~ ~~2 31~~ ~'' 353 ~~ N~ ` a ~ /~ 56 ~,$ >\~ ~~ `` ~~ ~ ~ 3~8 3~ti l64> '. S66'21'44"W~ ~ ~s~ ~ ~ ." GAG ~~ ~~ ~:\ ~\ ~" AgECi- ~• 1~J ~" ` ~~ ` \ / ~ ~ y~ gsl ` N6 ~,- ~ ~ - .a ~- /os 28, 'S,I? i LEGEND PLAT BOUNDARY ~ FOUND 5/8" IRON ROD W/ PLASTIC CAP NO. 12631 ~ FOUND 1~ IRON PIPE UNLESS NOTED ~ SET 5/B" IRON ROD W/ PLASTIC CAP NO. 12631 ® SET NAIL W/ WASHER NO. 12631 ( ) RECORD INFORMATION R.O.W. RIGHT-OF-WAY \ ~ ~, \, ~ ~, NORTH GRAPHIC SCALE 0 100 200 -~ 1 °=100' DRAWING MAY HAVE BEEN REDUCED PROPRIETOR: CITY OF DUBUQUE N~SE SURVEYED FOR: CI TH SURVEY IS SUBJECT TO EASEMENTS, TY OF DUBUQUE DATE OF SURVEY: RESERVATIONS. RESTRICTIONS AND SEPT. 2007 RIGHTS-OF-WAY OF RECORD AND NOT OF TOTAL AREA SURVEYED: 5,147 SQ. FT. RECORD. ````"anwuinrrn,,,rr' y 0 Wq ~ '' ~ 1 HEREBY CERTF1f THAT 7195 LAIAI SURVEYING DOCUMENT WAS PREPARED ANO THE RELATED SURVEY Wpb( WAS PERroRUED eY ME pt1R10ER YY DIRECT P IIW ENGINEERS at ~~:* .~~••,• ~'' * ~ ` ERSONAL SUPERNSION AND THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAYS OF THE STATE OF IOWA. SURVEYORS, P.C. JOHN M. _ ~ - FOR Yw ENGINEERS 8 SURVEYORS, P.C. 1~7EGRRY. EXPFR'IISE 301.UIIOIJ& wera .u. ...>tr e.en .n TRANMER ~ = . <ISS ~EN.SYIVw~M11 AYE. ouwip:eu ssc °_ n LS 12631 : >° `accws~axre. ~~ I.wlssdnu ...,,.,w,.. , ~ : J a ' .IOHN M. TRANMER ` R `~~ '.~.~ ~~'" ,''•~s DATE AYYN $AF PLAT NQ 51-LA-D7 J `` ",,,, f' s ``` 'r ~ LICENSE NO. 126JI MY LICENSE RENEWAL DATE 5 12/31/2008 CHECKED JMT PROD. NO. 07008-13 'rrnANm~~s ~ rr PACES OR SHEETS COVERED BY TN5 SEAL DATE 09-06-07 ~nrme~„r.~_.~.. SHEET To} 2 .......... _.. __--- --