Purchase of Propert from Milton E. Schwartzrx~ crrY of Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Commercial Property Purchase for the Bee Branch Restoration Project
DATE: October 14, 2008
City Engineer Gus Psihoyos recommends City Council approval to purchase a
commercial property on Maple Street owned by Milton E. Schwartz for $122,000. An
independent appraisal established the fair market value at $120,000, and Mr. Schwartz
has accepted an offer for purchase in the amount of $122,000, $2,000 more than the
appraised value.
This purchase is part of the acquisition program associated with the Bee Branch Creek
Restoration Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
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TO: Michael Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer
SUBJECT: Commercial Property Purchase for the Bee Branch Restoration Project
DATE: October 14, 2008
INTRODUCTION
The purpose of this memorandum is to request City Council approval to purchase a
commercial property on Maple Street owned by Milton E. Schwartz as required for the
Bee Branch Creek Restoration Project.
BACKGROUND
In December of 2001, the City Council formally adopted the Drainage Basin Master Plan
(DBMP) prepared by HDR Engineering (Omaha, Nebraska). Based on the study,
approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of
flood damage.
In December of 2004, the City Council established the alignment for the Bee Branch
Creek Restoration Project, from 15th and Sycamore Streets to 24th and Washington
Streets, and established a building permit moratorium for the properties impacted based
on the alignment.
In 2005, the City Council authorized the City Manager to enter into a contract with
Graham Land Acquisition Associates (now JCG Land Services, Inc.) to assist with the
acquisition of the commercial properties south of 16th Street required for the Bee Branch
project.
DISCUSSION
An independent appraisal of the properties owned by Milton E. Schwartz legally
described as Lot 291 East Dubuque Addition, 1547 Maple & 574 East 16th Street, all in
the City of Dubuque, Dubuque County, Iowa has established the market value at
$120,000. Mr. Schwartz has accepted an offer for purchase in an amount of $122,000,
$2,000 more than the appraised value.
RECOMMENDATION
I recommend that the City purchase the property for $122,000.
BUDGET IMPACT
The purchase will be funded from the FY2009 appropriation of $3,902,395 for property
acquisitions for the Bee Branch Creek Restoration Project (CIP#7201654).
ACTION TO BE TAKEN
I respectfully request adoption of the attached
property on Maple Street owned by Milton E
East Dubuque Addition, 1547 Maple & 574 E.
Dubuque County, Iowa.
resolution authorizing the purchase of the
. Schwartz legally described as Lot 291
st 16th Street, all in the City of Dubuque,
Prepared by Deron Muehring, Civil Engineer II
cc: Jenny Larson, Budget Director
RESOLUTION NO. 368 -08
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED
BY MILTON E. SCHWARTZ IN THE CITY OF DUBUQE
Whereas, the City of Dubuque intends to acquire certain properties
located in the area of the Bee Branch Creek Restoration Project for stormwater
mitigation activities as recommended in the 2001 HDR "Drainage Basin Master
Plan;" and
Whereas, a purchase agreement has been finalized with the owner of the
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves -the acquisition of
the following legally described property:
Lot 291 East Dubuque Addition, 1547 Maple & 574 East 16th Street, all in
the City of Dubuque, Dubuque County, Iowa
At the cost of One Hundred Twenty Two Thousand and 00/100 Dollars
($122,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to
accept a Quit Claim deed from the owner, conveying the owner's- interest to the
City of Dubuque, Iowa for the herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed
to cause said Quit Claim Deed to be recorded in the office of the Dubuque
County Recorder, together with certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a
copy of this Resolution to the Dubuque County Assessor and the Dubuque
County Auditor.
Passed, approved and adopted this 20th day of October, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk