Vacate Petition for a Portion of Kerper Blvd. Right-of-Way at Fengler Street Copyright 2014
City of Dubuque Items to be set for Public Hearing # 1.
ITEM TITLE: Vacate Petition for a Portion of Kerper Blvd. Right-of-Way
SUMMARY: City Manager recommending setting a public hearing for
January 17, 2017, to approve the vacation of a portion of
Kerper Boulevard right-of-way north of the intersection of
Fengler Street and Kerper Boulevard adjacent to Lot 1 of
Block 19 of River Front Subdivision No. 3.
RESOLUTION of Intent to vacate and dispose of City
Interest in a portion of the right of way of Kerper Boulevard
adjacent to Lot 1 of Block 19 Of River Front Subdivision
No. 3, to be known as Lot 1 C of Block 19 of River Front
Subdivision No. 3, in the City of Dubuque, Iowa by sale to
Giese Company LLP
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for 1/17/17
ATTACHMENTS:
Description Type
Vacating Petition-Kerper Boulevard Right-of-Way - City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Acquisition Plat Supporting Documentation
Offer to Buy Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition/Kerper Boulevard Right-of-Way
(Giese Company LLP)
DATE: December 26, 2016
Recently, the City of Dubuque and Giese Company, LLP entered into an agreement
whereby the City would acquire a portion of Lot 1 of Block 19 in River Front Subdivision
No. 3 owned by Giese Company in exchange for the vacation of a portion of excess
right-of-way of Kerper Boulevard.
City Engineer Gus Psihoyos recommends the City Council schedule a public hearing for
January 17, 2017, to approve the vacation of a portion of Kerper Boulevard right-of-way
north of the intersection of Fengler Street and Kerper Boulevard adjacent to Lot 1 of
Block 19 of River Front Subdivision No. 3.
1 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
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
DU
B-'*-- TE All-bWcaCfty
Masterpiece on the Mississippi 200:•2012.2013
TO: Michael C. Van Milligen, City Manager.
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition/Kerper Boulevard Right of Way
(Giese Company LLP)
DATE: December 19, 2016
INTRODUCTION
This is in response to a request from Giese Company LLP for the vacating of a portion
of the Kerper Boulevard Right of Way north of the intersection of Fengler Street and
Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3, being
the Giese Company LLP property at 2125 Kerper Boulevard.
BACKGROUND
Recently, the City of Dubuque and Giese Company, LLP entered into an agreement
whereby the City would acquire a portion of Lot 1 of Block 19 in River Front Subdivision
No. 3 owned by Giese Company LLP (Giese) in exchange for the vacation of a portion
of excess right of way of Kerper Boulevard. As part of that agreement, the City is
responsible for the surveying and platting of the proposed division of the Giese property
and of the proposed right of way area to be vacated. As part of the Kerper Boulevard
Sanitary Sewer Repair Project, the City is planning to install a sanitary sewer lift station
on property owned by Giese at the intersection of Fengler St. and Kerper Boulevard.
Giese will retain an easement over a portion of the dedicated property in order for them
to continue to use the parking lot area for vehicle maneuvering.
DISCUSSION
In accordance with the Offer to Buy Real Estate and Acceptance with Giese, the Kerper
Boulevard right of way area to be vacated to Giese needs to be platted. The platting of
the right of way area has been coordinated with the owners of the property.
The City of Dubuque Engineering Department has prepared the attached vacation plat.
The area being platted will be vacated to Giese for site circulation and parking.
RECOMMENDATION
I am recommending that the area indicated by Lot 1C of Block 19 of River Front
Subdivision No. 3, 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 January 16, 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
RESOLUTION NO. 13-17
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A
PORTION OF THE RIGHT OF WAY OF KERPER BOULEVARD ADJACENT TO LOT
1 OF BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3, TO BE KNOWN AS LOT
1C OF BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3, IN THE CITY OF
DUBUQUE, IOWA BY SALE TO GIESE COMPANY LLP
Whereas, Giese Company LLP has requested the vacating and purchase of the
portion of the Right of Way of Kerper Boulevard adjacent to Lot 1 of Block 19 of River
Front Subdivision No. 3; and
Whereas, the City of Dubuque Engineering Department has prepared and
submitted to the City Council a plat showing the proposed vacated Right of Way of
Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3, in the
City of Dubuque, Iowa and assigned lot numbers thereto, which hereinafter shall be
known and described as Lot 1C of Block 19 of River Front Subdivision No. 3, 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 1C of Block 19 of River Front Subdivision No. 3, in the City of Dubuque, Iowa by
sale to Giese Company LLP upon the terms and conditions of the Agreement between
the City of Dubuque, Iowa and Giese Company LLP attached hereto.
Section 2. That a public hearing on the intent to vacate and dispose of Lot 1C of
Block 19 of River Front Subdivision No. 3 by sale to Giese Company LLP is hereby set
for the 17th day of January, 2017, at the Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa, beginning at 6:00 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 3rd day of January, 207.
LI
Roy D. Buol, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
Dubuque CITY OF DUBUQUE
ENGINEERING DEPARTMENT NOTE: NOTES:
CITY VIAL_L, 50 WEST 13th STREET THIS SURVEY IS LOCATED IN THE
All•America Citi DUBUQUE, IA 52001-4864 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
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OF THE 5TH P.M.,IN THE 4. TOTAL AREA OF PERIMETER SURVEYED IS 1,270 SQUARE FEET
LOT 1 B OF BLOCK 19 RIVER FRONT SUB. NO. 3 CITY OF DUBUQUE,DUBUQUE 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
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WPI LEGAL DESCRIPTION: L07 1B, BLK. 19, RIVER FRONT SUB. NO. 3; DUBUQUE, IA
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n r Itvthi;"col. I1M."S 1,AND20%4)' OWNER GIESF_- CObIPANY, LLP :.
SURVEYOR'S CERTIFICATE
PROPERTY DESCRIPTION
Lot 1 B of Block 19, River Front Subdivision No. 3, City of Dubuque, County of Dubugue, Iowa
A part of Lot 1 of Block 19 in River Front Subdivision No. 3, City of Dubuque, County of Dubuque, Iowa,
more particularly described as follows:
Commencing as a point of reference at the Southwesterly corner of Lot 1 of Block 19 of River Front
Subdivision No. 3 in the City of Dubuque, Iowa;
Thence South 59 Degrees 31 Minutes 30 Seconds East along the Southerly line of said Lot 1 a
distance of 295.80 feet to the point of beginning;
Thence North 29 Degrees 52 Minutes 48 Seconds East a distance of 36.40 feet;
Thence South 60 Degrees 07 Minutes 12 Seconds East a distance of 26.06 feet to a point on the
Easterly line of said Lot 1, also being the Westerly Right of Way line of Kerper Boulevard:
Thence Southwesterly along said Westerly Right of Way line, being a circular curve concave to the
East, having a radius of 1031.59 feet, a chord of 40.77 feet which bears South 04 Degrees 16 Minutes
17 Seconds West, an arc length of 40.78 feet to the Southeasterly corner of said Lot 1, also being the
intersection of the Northerly Right of Way line of Fengler Street and the Westerly Right of Way line of
Kerper Boulevard;
Thence Northwesterly along the Southerly line of said Lot 1 and the Northerly Right of Way line of
Fengler Street, being a circular curve concave to the North, having a radius of 136.95 feet, a chord of
7.66 feet which bears North 60 Degrees 07 Minutes 50 Seconds West, an arc length of 7.66 feet;
Thence North 59 Degrees 31 Minutes 30 Seconds West along the Southerly line of said Lot 1 and the
Northerly Right of Way line of Fengler Street a distance of 36.02 feet to the point of beginning,
containing 1,270 square feet, more or less, and is subject to easements, reservations, restrictions and
rights of way of record and not of record.
The above described parcel shall hereinafter be known as Lot 1 B of Block 19, River Front
Subdivision No. 3, City of Dubuque, County of Dubuque, Iowa.
The above described lot(s) were surveyed and platted for right-of-way purposes, the plat of which is
attached hereto and made a part of this certificate. All monuments were placed or shall be placed within
one year from the date this plat is recorded.
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 Professional
Land Surveyor under the laws of the State of Iowa.
Date 11
�,. •��, Russell N. Kieffer, P.L.S. No. 18128
�v' '•�� My license renewal date is Dec. 31, 2018
RUSSEL.L N. Pages on sheets covered by this seal: this sheet only
KIEFFER '0
18128
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OWNER'S CONSENT
Dubuque, Iowa b 5 C 2 2016
The foregoing acquisition plat of Lot 1B of Block 19, River Front Subdivision No. 3, City of Dubuque,
County 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. We hereby dedicate said Lot 1B to the public for
street and utility purposes. We hereby reserve an easement for vehicle maneuvering, as shown on the
attached acquisition plat, benefiting the owners of Lot 1 of Block 19 of River Front Subdivision No. 3.
GIESO ANY, LLP
By:
_ L
Thomas W. Giese, Partner
UNIVERSAL NOTARY CERTIFICATE
STATE OF W ) CAPACITY CLAIMED BY SIGNER
AI�D� _INDIVIDUAL
COUNTY OF ) _CORPORATE OFFICER(S)
On this U �' day of tcc Nt e✓, 2016, before me, (Title)
the undersigned, a Notary Public iUS
nd for said State, r (CORP SEAL)
personally appeared `I�')o"OA �, e to me —AFFIXED
personally known, OR _ proved to me on the basis of NO SEAL PROCURED
satisfactory evidence to be the person(s) whose name(s) is/are _PARTNER(S)_LIMITED_GENERAL
subscribed to the within instrument and acknowledged to me _ATTORNEY-IN-FACT
that he/she/they executed the same in his/her/their authorized _TRUSTEE(S)
capacity(ies), and that by hi /her/their signature(s) on the _GUARDIAN/CONSERVATOR
instrument the person(s) a ted, ec t . hi s rumentO _OTHER
(Notary Seal)
gninblue ink) I SIGNER IS REPRESENTING
J
h-f'-\ C",Z'AMBER WENZELype name)
Commission Number 7222. Public in and for State of Iowa
a aw
]My Comm. Exp.65-0 14
3
PLANNING SERVICES
Dubuque, Iowa 2017
The foregoing acquisition plat Lot 1B of Block 19, River Front Subdivision No. 3, City of Dubuque,
County of Dubuque, Iowa, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under
Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of
Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has
been endorsed herein on the date first written above.
Laura Carstens, City Planner
Planning Services Division
City of Dubuque, Iowa
CITY OF DUBUQUE, IOWA
Dubuque, Iowa 2017
The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Clerk of the City of Dubuque, Iowa, do hereby
certify that the foregoing acquisition plat of Lot 1B of Block 19, River Front Subdivision No. 3, City of
Dubuque, County of Dubuque, Iowa, and the dedication of Lot 1B of Block 19, River Front Subdivision
No. 3, City of Dubuque, County of Dubuque, Iowa to the public for street and utility purposes, as appears
heretofore has been filed on day of , 2016 as Resolution It
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
COUNTY AUDITOR
Dubuque, Iowa , 2017
The foregoing acquisition plat of Lot 1B of Block 19, River Front Subdivision No. 3, City of Dubuque,
County of Dubuque, Iowa was entered of record in the office of the Dubuque County Auditor this of
2016. We approve the subdivision name or title shown hereon to be recorded.
Denise M. Dolan
Dubuque County Auditor
4
CITY ASSESSOR
Dubuque, Iowa 2017
The foregoing acquisition plat of Lot 1 B of Block 19, River Front Subdivision No. 3, City of Dubuque,
County of Dubuque, Iowa was entered of record in the office of the Dubuque County Assessor this
of 2016.
Richard A. Engelken
Dubuque City Assessor
RECORDER'S CERTIFICATE
Dubuque, Iowa , 2017
The foregoing acquisition plat of Lot 1B of Block 19, River Front Subdivision No. 3, City of Dubuque,
County of Dubuque, Iowa has been reviewed by the Dubuque County Recorder.
John Murphy
Recorder of Dubuque County
5
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: The City of Dubuque, Iowa, Seller:
SECTION 1. REAL ESTATE DESCRIPTION. Giese Company, LLP (Buyer) offers to
buy all of Sellers' right, title and interest in and to the real estate in Dubuque County, Iowa,
described as follows:
A portion of excess right-of-way at Fengler Street and Kerper Boulevard, located
north of the intersection of Fengler Street and Kerper Boulevard in the City of
Dubuque, Iowa, as shown on the attached Exhibit A (the Real Estate), amounting
to approximately 1,268 square feet in size. Exhibit A attached hereto and by this
reference is made a part hereof,
Together 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 the
Real Estate.
SECTION 2. PRICE. The purchase price of$1.00 shall be paid at closing.
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 will
be delivered to Buyer on January 10, 2017, 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 the Real
Estate to Buyer by Quit Claim 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.
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. I
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 December 9, 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 the portion of Kerper Boulevard Right of Way shown on Exhibit A. Seller must
comply with all vacating requirements described in Exhibit B attached hereto and by this
reference made a part hereof. Seller will be responsible for all surveying and platting
costs associated with the vacation of the Right of Way. Seller will be responsible for
associated fees, including publication and recording fees, incurred to vacate said portion
of Kerper Boulevard.
11.2. Right of Way Dedication. Buyer agrees to dedicate the area shown on Exhibit C to
the public forever as public right of way for street and utility purposes. Seller will be
responsible for all surveying and platting, publication and recording fees associated with
the dedication of right of way. Buyer agrees to execute and consent to said plat of right
of way dedication.
11.3 Easements. Seller shall grant Buyer a non-exclusive ingress and egress easement
over a portion of the area shown on Exhibit C for a vehicle maneuvering area. Buyer shall
be responsible for all pavement maintenance within said easement over the area shown
on Exhibit C.
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.
City of Dubuque
City Manager
50 West 13th Street
Dubuque, IA 52001
Giese Company, LLP
2125 Kerper Boulevard
Dubuque, IA 52001
2
11.6. 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.
11.7. The covenants in this Section will survive the Closing.
11.8. Care and Maintenance. The Real Estate shall be preserved in its present
condition and delivered intact at the time possession is delivered to Buyer.
11.9 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.
11.10.This Contract is subject to final approval by the City Council.
THIS OFFER IS ACCEPTED
Dated: C Dated:
CITY OF DUBUQUE, IOWA, SELLER GIESE COMPANY, LLP, BUYER
By By 2 IJ AI .'.
Micha I C. Van Milligen "'Thomas W. Giese
City Manager Partner
3
EXHIBIT A
Kerper Blvd. Right-Of-Way
In the City of Dubuque
Dubuque,County, IA.
OWNER: CITY OF DUBUQUE
10
EXISTING PROPERTY LINE
77 v9 Q1
jd
Uj
1,268.18 SF
-Z
Nolfflt'
1 11-
0 10, 20' 40'
SCALE 1" =20' FEET
Dubuque CITY OF DUBUQUE
R.O.W. =RIGHT OF WAY ENGINEERING DEPARTMENT
crry HALL, 50 WE'-ST 13th STREET
000.00'=DIMENSION A I-America City DUBUQUE,1A 52001-4864
, RHONE I I I , PHONE _(563)589-1270 FAX (563)589-4205
EXISTING PROPERTY LINF D'a"f3y NW 02 D"IC
EXHIBIT A
PROPERTY LINE 2125 Kerper Blvd.
2007RILCI
-- ,ht-OTf-vwvay.Dedic;ation
1 7102663 1 S10_0T_Nwmw
EXHIBIT B
VACATING PROCEDURE
CITY OF DUBUQUE
VACATING PROCEDURE
The following PW.1--dUre is used in the process of vacating an area of pub5c right-of-wiy
(streets or alleys)in the City of Dubuque,Iowa.
1- Submit a sketch of the pro-posed area to be vacated to the City Engineer's Office.
2. Th*City-Enginees office will check for sewer and water utilities in the area and
give a preliminary indication of whether the vacating is favorable or unfavorable.
3. If a favorable condition exists, submit the f-3CjLIe:St to vicate in writing to: The
Honorable Mayor and City Council at 50 West 13�h Street, Dubuque, Iowa, with
reasons for the proposed vacating and a sketch of the area to be vacated. The
Council will refer the proposed vacifing request to City Staff.
4- You must obtain the written consent of the abutting pfoperty 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 all easement for any existing of
proposed public or private LltifitieS located within the proposed vacate area. This
easement would preclude the placement of a building on the vicated right-or-way
in order to allow for maintenance and construction of said utilities,
6- The City mav have all appraisal prepared for the property to determine the fair
market V31LIe, Or LISP, in assessed value of adjacent land based oil a price per
square foot, The mininium 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, vou 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 1 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 oflier abutting property o,,vners.
8. Upon receipt of the plat of survey of the area proposed to be vacated, the
request,M11 be taken to the Citj Council to be set for a public hearing and fonnal
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 C111ni Deed for the
vacated propertv and record the deed.
10. You call pick Lip the recorded Quit Claim Deed after it has been returned to the
City C:lerk's office at 50 W 13"Street frons the Uounty Recorder.
1013:08
9
EXHIBIT C
LOT 1 BLK 19 RIVER FRONT BUB NO 3
In the City of Dubuque
Dubuque,County, IA.
OWNER: GIESE CO LLP
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