Vacating Petition - North Grandview Avenue / University Avenue_ROW_Tiefenthaler_InitiateCopyright 2014
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Vacating Petition - North Grandview Avenue / University
Avenue Right -of -Way
SUMMARY: City Manager recommending that a public hearing be set
for June 6, 2016, on the disposition of a portion of the
North Grandview Avenue right-of-way in the southwest
corner of North Grandview Avenue and University Avenue
to Tom Tiefenthaler of K&T Real Estate, LLC.
RESOLUTION of Intent to vacate and dispose of City
Interest in a portion of the right of way of North Grandview
Avenue south of University Avenue, being part of Lots 1
and 2 of the Subdivision of Lot 12 of Mineral Lot 172, to be
known as Lot 1 of Tiefenthaler 2nd Place, in the City of
Dubuque, Iowa by sale to K & T Real Estate, LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for 6/6/16
ATTACHMENTS:
Description Type
Tiefenthaler Vacating Petition -MVM Memo City Manager Memo
Staff Memo Staff Memo
Vicinity Map Supporting Documentation
Resolution of Intent to Vacate Resolutions
Offer to Purchase Supporting Documentation
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition/North Grandview Avenue Right of Way
(Tom Tiefenthaler for K & T Real Estate, LLC)
DATE: May 11, 2016
Dubuque
band
AI -America City
i r
2007 • 2012 • 2013
A request has been received from Tom Tiefenthaler of K & T Real Estate, LLC for the
vacating of a portion of the North Grandview Avenue Right of Way in the southwest
corner of North Grandview Avenue and University Avenue in Lots 1 and 2 of the
Subdivision of Lot 12 of Mineral Lot 172 which abuts the K & T Real Estate, LLC 1660
University Avenue.
K & T Real Estate, LLC plans to construct a new Laundromat on the property to the west
of the right of way. The vacating of this alley will facilitate the development of this site
by providing an access to the business off of an alley to the south of the site. K & T
Real Estate, LLC and the City of Dubuque plan to execute an Offer to Buy Real Estate
and Acceptance agreement where the City sells the vacated right of way for $31,549.12
if K & T Real Estate, LLC constructs a new nine stall public parking lot in the area
southwest of the University and N. Grandview Ave. intersection that will be owned and
operated by the City. The agreement allows for the removal of the public parking stalls
if the area is ever needed for future intersection improvements. Perpetual public
ingress — egress easement rights will be reserved over the portion of vacated right of
way.
City Engineer Gus Psihoyos recommends that a public hearing be set for June 6, 2016,
on the disposition of a portion of the North Grandview Avenue Right of Way in the
southwest corner of North Grandview Avenue and University Avenue in Lots 1 and 2 of
the Subdivision of Lot 12 of Mineral Lot 172 to Tom Tiefenthaler of K & T Real Estate,
LLC for the appraised price of $31,549.12.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Ws,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
2
THE CITY OF
DUs
aWalla
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition/North Grandview Avenue Right of Way
(Tom Tiefenthaler for K & T Real Estate, LLC)
DATE: May 10, 2016
INTRODUCTION
l)ubuque
AH -America city
1 1 1
If
2007 • 2012 2013
This is in response to a request from Tom Tiefenthaler of K & T Real Estate, LLC for the
vacating of a portion of the North Grandview Avenue Right of Way in the southwest
corner of North Grandview Avenue and University Avenue in Lots 1 and 2 of the
Subdivision of Lot 12 of Mineral Lot 172 which abuts the K & T Real Estate, LLC 1660
University Avenue.
DISCUSSION
The attached plat shows the right of way area proposed to be vacated. The abutting
property on west side of the right of way is currently owned by K & T Real Estate, LLC.
The right of way area to be vacated is described as Lot 1 of Tiefenthaler 2nd Place in the
City of Dubuque, Iowa. Perpetual public ingress — egress easement rights will be
reserved over the portion of vacated right of way.
K & T Real Estate, LLC plans to construct a new Laundromat on the property to the west
of the right of way. The vacating of this alley will facilitate the development of this site
by providing an access to the business off of an alley to the south of the site. K & T
Real Estate, LLC and the City of Dubuque plan to execute an Offer to Buy Real Estate
and Acceptance agreement where the City sells the vacated right of way if K & T Real
Estate, LLC constructs a new nine stall public parking lot in area southwest of the
University and N. Grandview Ave. intersection that will be owned and operated by the
City. The appraisal price of the proposed right of way is $6.08 per square foot over the
approximately 5,189 square feet to be vacated for a total value of $31,549.12.
The City agrees to the following operation of the parking lot:
a) Seller agrees to operate and maintain the Parking Lot for a minimum of ten
years commencing on the date of acceptance of the Improvements by the
City Council. After such ten year period, Seller in its sole discretion many
close and remove the Parking Lot from Area 2 without any cost or liability to
Buyer.
b) Seller intends to rent the 9 parking stalls in the Parking Lot at market rent
from 6 am to 6 pm on weekdays. Seller intends to operate the 9 parking
stalls as a public parking lot, posted as 2 -hour maximum parking at all times
other than rental hours.
c) Upon completion of construction and prior to the initial renting any of the
parking stalls, Seller shall provide written notice to Buyer, and Buyer shall
have the option, upon written notice to Seller of the exercise of the option
within thirty days after the date of Seller's notice, to rent up to 3 stalls from
Seller. If Buyer fails to exercise the option or declines the option to rent any
spaces, Seller may later rent available spaces at Buyer's discretion.
The agreement allows for the removal of the public parking stalls if the area is ever
needed for future intersection improvements.
RECOMMENDATION
I am recommending that the area indicated by Lot 1 of Tiefenthaler 2nd Place, in the City
of Dubuque, Iowa as shown on the attached plat be vacated, and that a public hearing
be set for the disposition of the City's interest in the subject area on June 6, 2016.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and that a public hearing
should be held on the disposal of the property through adoption of the enclosed
resolution.
Prepared by Nate Kieffer, PLS
2
THE CITY OF
Dur
Masterpiece on the Mississippi
LOCATION MAP
DAGIS
DUBUQUE AREA C.OGRAPHICINFoaMATIO S.=.,r
AREA PROPOSED TO
BE VACATED TO K&T
REAL ESTATE, LLC
APPROX.
5,189 SQ. FT.
DISCLAIMER: This Information was compiled
sing the Dubuque Area Geographic Information System
(DAGIS), which Includes data created by both the City of
Dubuque and Dubuque County. It Is understood that, while
the City of Dubuque and participating agencies utilized the
most current and accurate Information available, DAGIS and
It's suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, Incidental,
unnsmquential, punitive, orspecial damages, whether foreseeable or
foreseeable, arising out of the authorized or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
60
1 inch = 60 feet
30
0
60 Feet
W E
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4270
Fax: (563) 589-4205
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 195-16
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A
PORTION OF THE RIGHT OF WAY OF NORTH GRANDVIEW AVENUE SOUTH OF
UNIVERSITY AVENUE, BEING PART OF LOTS 1 AND 2 OF THE SUBDIVISION OF
LOT 12 OF MINERAL LOT 172, TO BE KNOWN AS LOT 1 OF TIEFENTHALER 2ND
PLACE, IN THE CITY OF DUBUQUE, IOWA BY SALE TO K & T REAL ESTATE, LLC
Whereas, K & T Real Estate, LLC has requested the vacating and purchase of
the portion of the Right of Way of North Grandview Avenue south of University Avenue,
being part of Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172; and
Whereas, Hinkle Engineering and Surveying has prepared and submitted to the
City Council a plat showing the proposed vacated Right of Way of North Grandview
Avenue south of University Avenue, being part of Lots 1 and 2 of the Subdivision of Lot
12 of Mineral Lot 172, in the City of Dubuque, Iowa and assigned lot numbers thereto,
which hereinafter shall be known and described as Lot 1 and Lot 2 of Tiefenthaler 2nd
Place, 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 and dispose of its interest
in Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa by sale to K & T Real
estate, LLC upon the terms and conditions of the Offer to Buy Real Estate and
Acceptance Agreement attached hereto.
Section 2. That the conveyance of Lot 1 of Tiefenthaler 2nd Place, in the City of
Dubuque, Iowa to K & T Real Estate, LLC be contingent upon the payment in the
amount of $31,549.12, subject to the conditions of the Offer To Buy Real Estate and
Acceptance Agreement between the City and K & T Real Estate, LLC, plus all
applicable costs for platting, publication, and filing fees.
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Section 3. That a public hearing on the intent to vacate and dispose of Lot 1 of
Tiefenthaler 2nd Place by sale to K & T Real Estate, LLC is hereby set for the 6th day of
June, 2016, 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 and dispose of said real estate
to be published in the manner as prescribed by law.
Passed, approved and adopted this 16th day of May, 2016
Attest:
Kevin S( Iirnstahl, City
2
M Roy D. Buol, Mayor
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
hold a public hearing on the 6th day of June, 2016 at 6:30 p.m. in the Historic Federal
Building, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting the City
Council proposes to dispose of an interest in the following described real property by
vacate and purchase to K&T Real Estate, LLC:
Right of Way of North Grandview Avenue south of University Avenue, being part
of Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172, in the City of
Dubuque, Iowa and assigned lot numbers thereto, which hereinafter shall be
known and described as Lot 1 and Lot 2 of Tiefenthaler 2nd Place, in the City of
Dubuque, Iowa
At the meeting, the City Council will receive oral and written comments from any
resident or property owner of said City to the above action. Written comments regarding
the above public hearing may be submitted to the City Clerk's Office, City Hall, 50 W.
13th Street, on or 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 during normal working hours.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or
TTY 563) 690-6678 at least 48 hours prior to the meeting.
Dated this 20th day of May, 2016.
1t 5/20
1
Kevin S. Firnstahl, City Clerk
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: The City of Dubuque, Iowa, Seller:
SECTION 1. REAL ESTATE DESCRIPTION. Seller is the owner of the real estate
legally described as Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172 in the
City of Dubuque, Iowa, according to the recorded plat thereof.
K & T Real Estate, LLC (Buyer) offers to buy real estate in Dubuque County, Iowa, which
is located in Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172 which is public
right of way, as follows:
A portion of Excess Right of Way at North Grandview Avenue and
University Avenue, being approximately 5,189 square feet in size and
shown as Area 1 on Exhibit A attached hereto and by this reference
made a part hereof
with any easements and appurtenant servient estates, but subject to the following: a. any
zoning and other ordinances; b. any covenants of record; c. any easements of record for
public utilities, roads and highways designated Area 1; provided Buyer, on possession, is
permitted to make the following use of Area 1: access and parking lot.
SECTION 2. PRICE. The price for Area 1 as shown on Exhibit A is $31,549.12 ($6.08
per square foot for approximately 5,189 square feet) payable in cash at closing. The final
purchase price will be determined by survey.
SECTION 3. REAL ESTATE TAXES. Seller must pay any unpaid real estate taxes
payable in prior years. Buyer must pay all subsequent real estate taxes. Real estate taxes
on Area 1 for the current fiscal year will be prorated to the date of possession.
SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of
Area 1 will be delivered to Buyer on TuNC 30, zo r6 , or such other date as the parties
agree in writing, with any adjustments of rent, insurance, and interest to be made as of
the date of transfer of possession.
SECTION 5. RISK OF LOSS AND INSURANCE. All risk of loss shall remain with
Seller until possession of the Real Estate shall be delivered to Buyer.
SECTION 6. DEED. Upon payment of the purchase price, Seller will convey Area 1 to
Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances
except as provided in this Agreement.
SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract.
042516baI
SECTION 8. REMEDIES OF THE PARTIES. If either party fails to timely perform this
Contract, Buyer and Seller are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs and
attorney fees as permitted by law.
SECTION 9. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract
applies to and is binding upon the successors in interest of the parties.
SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or
before 11)NE_, 2016 it is will be void and all payments must be repaid to the Seller.
SECTION 11. OTHER PROVISIONS.
11.1. Vacating Responsibilities. Seller will take the necessary actions required by law to
vacate Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172. Buyer must comply
with all vacating requirements described in Exhibit B attached hereto and by this
reference made a part hereof. Buyer must reimburse Seller upon receipt of a statement
from Seller for all actual costs incurred by Seller, including publication and recording fees,
incurred to vacate Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172.
Buyer is responsible for all costs for surveying, platting, filing, and recording fees.
11.2. Parking Lot. The attached Exhibit A shows Area 1 and Area 2. Seller will retain
title to Area 2.
(1) Construction of Improvements.
(a) Upon receipt of necessary variances, permits and approvals
described in subsection (b) below, Buyer shall, within 12 months after
closing, construct a nine -stall public parking lot (the "Parking Lot") on Area
2 with a driveway to the alley to south, including all pavement markings,
signage, and associated landscaping, as conceptually shown on Exhibit A
(the Improvements).
(b) Buyer shall be responsible for obtaining any variances necessary to
construct the Improvements. Seller shall cooperate with Buyer to obtain
any needed variances, permits and approvals to construct the
Improvements. If the necessary variances, permits and approvals cannot
be obtained, then Buyer shall have no obligation to construct the
Improvements.
(c) Buyer shall design the Improvements to all applicable state and city
standards. Parking Lot construction plans, including grades and
elevations, must be designed to work in conjunction with future round -a-
bout improvements at the intersection of North Grandview Avenue and
2
University Avenue to the satisfaction of Seller's City Engineer in the City
Engineer's sole discretion.
(d) Seller will own the Improvements located on Area 2 after the
Improvements are inspected and accepted by the City Council.
(e) Buyer will be responsible for any and all construction inspection
and materials testing as deemed necessary by Seller's City Engineer in
the City Engineer's sole discretion, including but not limited to concrete
cylinder testing and base material compaction testing.
(f) Buyer will provide any and all bonding and insurance for the
Improvements as deemed necessary by the Seller.
(2) Operation of Parking Lot.
(a) Seller agrees to operate and maintain the Parking Lot for a minimum
of ten years commencing on the date of acceptance of the Improvements
by the City Council. After such ten year period, Seller in its sole discretion
may close and remove the Parking Lot from Area 2 without any cost or
liability to Buyer.
(b) Seller intends to rent the 9 parking stalls in the Parking Lot at market
rent from 6 am to 6 pm on weekdays. Seller intends to operate the 9
parking stalls as a public parking lot, posted as 2 -hour maximum parking at
all times other than rental hours.
(c) Upon completion of construction and prior to the initial renting any of
the parking stalls, Seller shall provide written notice to Buyer, and Buyer
shall have the option, upon written notice to Seller of the exercise of the
option within thirty days after the date of Seller's notice, to rent up to 3 stalls
from Seller. If Buyer fails to exercise the option or declines the option to rent
any spaces, Seller may later rent available spaces at Buyer's discretion.
11.3 Easements. Buyer shall grant Seller a non-exclusive ingress and egress easement
for the public over Area 1 for access to Area 2 as long as the Parking Lot remains in
existence (i.e., has not been converted into a round -a -bout).
11.4. Environmental Provisions. Seller accepts the Real Estate "as is" and further agrees
to defend, indemnify and hold Seller harmless from and against any and all claims of any
kind arising out of or resulting from the condition of the Real Estate caused by Buyer or
occurring after the closing.
11.5. Notices. The following must be used for purposes of providing written notice
pursuant to this Contract.
3
City of Dubuque
City Manager
50 West 13th Street
Dubuque, IA 52001
K & T Real Estate, LLC
1107 Scenic Hill Lane
Dewitt, IA 52742
11.6. This Contract is subject to final approval by the City Council.
11.7. Buyer may not sell or assign this Contract unless the purchaser or assignee
acknowledges the obligations of this Section 11 in writing and agrees to be bound
thereby.
11.8. The covenants in this Section will survive the Closing.
11.9. Care and Maintenance. The Real Estate shall be preserved in its present
condition and delivered intact at the time possession is delivered to Buyer.
11.10 Abstract and Title. Seller, at its expense, shall promptly obtain an abstract of title
to the Real Estate continued through the date of acceptance of this offer, and deliver it
to Buyer for examination. It shall show merchantable title in Seller in conformity with this
agreement, Iowa law and Title Standards of the Iowa State Bar Association. The
abstract shall become the property of Buyer when the purchase price is paid in full.
Seller shall pay the costs of any additional abstracting and title work due to any act or
omission of Seller.
THIS OFFER IS ACCEPTED
Dated:
CITY OF DUBUQUE, IOWA, SELLER
Dated:
K & T REALES:I-ATE, LLC, BUYER
By By
Michael C. Van Milligen Thomas :- ieferrthaler-
City Manager President
4
EXHIBIT A
AREA MAP
5
DUB LiefUFT.
EXHIBIT A
:•REA 2 - EXCESS RIGHT
NAY AT N GRANDVIEW
4D UN(VERSIT+ '•,•11'
DAGIS
Pc ).OSED 9 STALL
PARKING LOT
-PFOX.BOUNDARYt•
AREA NEEDED FOk
ROUNDABOUT
AREA 1•APPROX
4-4 SO FT
5,(84
1 inch = 60 feet
so
80 F.,..
bop Prepafo0 ay
c,T7 of 0u114,140
Enoreamg praetor
50 Wail 13th Sheet
pots&a lono 5240'
(563) 582-4270
Fu (463)509.4205
EXHIBIT B
VACATING PROCEDURE
9
CITY OF DUBUQUE
VACATING PROCEDURE
The following procedure is used in the process of vacating an area of public right-of-way
(streets or alleys) in the City of Dubuque, Iowa.
1. Submit a sketch of the proposed area to be vacated to the City Engineer's office_
2. The City Engineer's office will check for sewer and water utilities in the area and
give a preliminary indication of whether the vacating is favorable or unfavorable.
1 If a favorable condition exists, submit the request to vacate in writing to: The
Honorable Mayor and City Council at 50 West 13th Street, Dubuque, Iowa, with
reasons for the proposed vacating and a sketch of the area to be vacated_ The
Council will refer the proposed vacating request to City staff.
4. You must obtain the written consent of the abutting property owners of the
proposed area to be vacated and any others affected by the proposed vacating,
as determined by the City Engineer. (You may want to consider this prior to
submitting the letter to City Council.)
5. The City will notify the utility companies of the proposed vacating and inquire of
the need for easements. Petitioner may contact utility companies prior to this
step if they desire. The City may reserve an easement for any existing or
proposed public or private utilities located within the proposed vacate area. This
easement would preclude the placement of a building on the vacated right-of-way
in order to allow for maintenance and construction of said utilities.
6_ The City may have an appraisal prepared for the property to determine the fair
market value, or use an assessed value of adjacent land based on a price per
square foot. The minimum purchase price is $300 to cover the cost of
coordinating and processing the request through City Council. (You may obtain
an independent appraisal at your expense, if you desire.) In addition, you would
be responsible for paying publication and filing fees of $100 associated with the
vacating process_
7. A plat of survey must be prepared at your expense by a Licensed Land Surveyor.
This will show the boundaries of the proposed vacating and assign a legal
description to the property. The plat should show the division of the right-of-way
if it is to be split between other abutting property owners.
8. 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.
9. After the public hearing approval by the City Council and receipt of the purchase
price and publication of filing fees, the City will execute a Quit Claim Deed for the
vacated property and record the deed.
10. You can pick up the recorded Quit Claim Deed after it has been retumed to the
City Clerk's office at 50 W. 13th Street from the County Recorder_
10:13:08
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