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PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System
City of Dubuque City Council Meeting ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo Memo and Documents Copyrighted August 5, 2024 Consent Items # 09. PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa 2023 Flood Event City Manager providing for entry into the public record, the Notice to Proceed from the Department of the Army, Corps of Engineers (USACE) for the acquisition of any real estate rights for the rehabilitation of the flood control works, as set forth in the Cooperation Agreement entered into on October 25, 2023, between the U.S. Army Corps of Engineers and the City of Dubuque, Iowa Flood Risk Management System. Suggested Disposition: Receive and File Type City Manager Memo Staff Memo Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque heal All -America City 111111 2007.2012.2013 2017*2019 SUBJECT: PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event DATE: August 1, 2024 Senior Counsel Barry Lindahl is providing for entry into the public record, the Notice to Proceed from the Department of the Army, Corps of Engineers (USACE) for the acquisition of any real estate rights for the rehabilitation of the flood control works, as set forth in the Cooperation Agreement entered into on October 25, 2023, between the U.S. Army Corps of Engineers and the City of Dubuque, Iowa Flood Risk Management System. The City is required to provide USACE with the attached Attorney's Certification of Real Estate Availability and Authorization for Entry for Construction. 7- /Ai/144kc't4A/71. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Barry Lindahl, Senior Counsel Arielle Swift, Public Works Director Gus Psihoyos, City Engineer Nate Kieffer, Land Surveyor Jeff Brandt, Engineering Technician THE CITY OF Dui Masterpiece on the Mississ • BARRY A. LINDAHL, E SENIOR COUNSEL MEMO To: Michael Van Milligen City Manager DATE: July 24, 2024 Dubuque bietri III -Merin City !4 AA 11111, 2007.2012.2013 2017*2019 RE: PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event Attached is the Notice to Proceed from the Department of the Army, Corps of Engineers (USACE) for the acquisition of any real estate rights for the rehabilitation of the flood control works, as set forth in the Cooperation Agreement entered into on October 25, 2023, between the U.S. Army Corps of Engineers and the City of Dubuque, Iowa Flood Risk Management System. The proposed rehabilitation will involve riprap work, flood wall repair, and seeding. Unlike most non -river related real estate, title searches are typically relatively straight forward. For river related real estate, there is often no clear deed to the City. The chain of title includes patents from the United States, acts of Congress, hand-written maps and plats, and land formerly located as islands in the river. Working with Engineering Department staff (Nate Kiefer, Jeff Brandt, Gus Psihoyos), the local abstract company, and USACE Realty Specialist Martha Cox, we have spent countless hours researching and reviewing real estate documents to establish the necessary City interest in the parcels shown in the three Repair Areas on the attached map. We have determined that the City of Dubuque has fee title to all the parcels with the exception of three parcels in Repair Area 1 owned by private property owners. With respect to those three parcels, there are flood control easements that will allow the rehabilitation work to be done on those parcels. The key real estate documents are listed on attached Exhibit B. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAx (563) 583-1040 I EMAIL balesq@cityofdubuque.org The City is required to provide USACE with the attached Attorney's Certification of Real Estate Availability and Authorization for Entry for Construction. I recommend that you sign the Authorization for Entry for Construction which will allow USACE to proceed with the rehabilitation work. BAL:jmm cc: Crenna Brumwell, City Attorney Arielle Swift, Public Works Director Gus Psihoyos, City Engineer Nate Kieffer, Land Surveyor Jeff Brandt, Engineering Technician Martha Cox, martha.l.cox(c�usace.army.mil Realty Specialist, Acquisition Branch Real Estate Division U.S. Army Corps of Engineers, Rock Island District 2 MN IA OMi oc WI PROJECT LOCATION ouwc]e. fL RIGHT-OF-WAY DRAWINGS FOR PL84-99 REHABILITATION OF DAMAGED FLOOD CONTROL WORKS MISSISSIPPI RIVER BASIN, CITY OF DUBUQUE IOWA FLOOD RISK MANAGEMENT SYSTEM DUBUQUE COUNTY, IOWA, 2023 FLOOD EVENT NOTICE TO PROCEED ENCLOSURE 1, PAGE 1 - OVERVIEW Repair AI ea 3 Reparr Area 1 4 r 4- u . IC PAGE4/ i lGranrnercy Park - ' �0�4 1I S'`Y i'44 ' B ast.Dub e" US H+9hway.20 �,:-x--arr•.-. ; 7-- US Army Corps of Engineers. Rock Island District LEGEND r 1 Temporary work Area Easement (2.48 Acres t) Flood Protection Levee Easement (5.10Acres t) Enclosure 3 la Id US Army Corps of Engineers Rook Island District Attorney's Certification of Real Estate Availability PL84-99 Project: Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event Public Sponsor: City of Dubuque, Iowa Flood Risk Management System The undersigned attorney makes the following representations in support of certification of the availability of all real estate required to complete the PL84-99 project named above: a) I am the Senior Counsel for the City of Dubuque named above. I am duly licensed and authorized to practice law in the state in which the City of Dubuque is located. b) The City of Dubuque is legally recognized and is in good standing within the state in which it is located. c) I have received and reviewed the Right of Way (ROW) drawing(s) from the USACE Rock Island District, copies of which are attached to this certification as Exhibit A. I understand that the ROW drawing(s) is intended to provide a visual guide for the acquisition of appropriate legal rights. I further understand that the ROW drawing(s) does not provide definitive, survey -level data regarding parcel boundaries or ownership. I have made, or caused to be made, an up-to-date examination of the land records for all parcels impacted by the project shown in Exhibit A, necessary to determine the City of Dubuque has perfected all property rights necessary to support the Project as identified in Exhibit A; furthermore, said property rights are provided free and clear of interests held by third parties including leasehold interests. d) It is my legal opinion that the documents conveying the appropriate property right(s) to the City of Dubuque are at least the minimally legal sufficient rights necessary, as set forth in the Notice to Proceed and Amendments thereto, if any, and attached Right of Way drawing(s). Further, all such conveyance documents have been duly recorded in the appropriate jurisdiction and file -stamped, copies of which are listed in Exhibit B. Page 1 of 2 US Army Corps of Engineers Rock Island [District Attorney's Certification of Real Estate Availability Enclosure 3 Based on the representations above, I certify that all real estate interests required for the project named above have been acquired and are available for project purposes. 9 ifivt ?432-Li Signature, A orney for the City of Dubuque, Iowa Date Bany A. Lindahl, Esq. Printed/Typed Name, Attorney for the City of Dubuque STATE OF IOWA COUNTY OF DUBUQUE Signed and sworn (or affirmed) to before me on the 2`1 day of J U11 2024 by Barry A. Lindahl as Senior Counsel of the City of Dubuque. `YptA; etc, JENNIFER M. MESSERICH My Comm. Exp 1ii1T 7. • Commission Nt 61 , Ejr�4 ,owa �y4 vh rvua�xn�� Nohry Pul} lc in and for the State of Iowa "Exhibit B" List of Documents in Support of Attorney's Certification of Real Estate Availability for the Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event RA* 1 1855 Alexander Anderson Mineral Lots Map, showing Lake Peosta and Mineral Lots 299, 300, 301. RA 1 Laws of the Twenty -Sixth General Assembly of the State of Iowa, Chapter 112, An Act releasing and granting to the city of Dubuque title to certain lands, approved 1896-APR-04. RA 1 & 2 Town Lot Deed Record No. 105, Dubuque County, Iowa, granting Mineral Lots 298, 299, and 300 to the City of Dubuque, recorded as Document #: 32867 on 1934-JAN-04. RA 1 & 2 Town Lot Deed Record No. 114, Dubuque County, Iowa, Trustee's Deed granting Mineral Lots 301, 301-A, and 302 to the City of Dubuque, recorded as Document #: 65630 on 1942-MAR-16. RA 1 Title Opinion by Attorney Barry A. Lindahl, Senior Counsel for the City of Dubuque, regarding parcels 11-18-401-003 a/k/a Lot 2 of Lot 3 of Lot 1 of Block 5 in River Front Subdivision No. 3, and 11-18-328-001 a/k/a Lot 2 of Block 5 and Lot 2 of Lot 2 of Lot 2 of Block 6 in River Front Subdivision No. 3, indicating said parcels are owned by Whalen Commercial Properties, LLC. RA 1 Affidavit of Lyle Whalen, President of Whalen Commercial Properties, LLC, verifying pre-existing flood protection easement exists on Dubuque parcels 11-18-401-003 and 11-18-328-001, executed on 2024-JUL-01 and recorded on 2024-JUL-09. RA 1 Affidavit of Attorney for signatory of Whalen Commercial Properties, LLC, dated 2024-JUL-02. RA 1 Title Opinion by Attorney Barry A. Lindahl, Senior Counsel for the City of Dubuque, regarding parcel 11-18-328-009 a/k/a Lot 1 of Lot 2 and Lot 1 of Lot 2 of Lot 2 of Block 6, in River Front Subdivision No. 3, indicating said parcel is owned by Rousselot Dubuque Inc. RA 1 Quitclaim Deed reserving to the City of Dubuque a perpetual easement for flood dike and a perpetual 20' wide easement for riprap, including the right to ingress and egress on Lot 1 of Lot 2 of Block 6 of River Front Subdivision No. 3, pursuant to City Council of City of Dubuque Resolution No. 25-67 (attached), recorded as Document #: 9347, in Book 191, Pages 398-402, on 1967-MAR-14 in the Dubuque County, Iowa Recorder's Office. RA 1 Deed Quitclaim reserving to the City of Dubuque a perpetual easement for flood dike and perpetual 20' wide easement for riprap, including the right to ingress and egress on Lot 1 of the Subdivision of Lot 2 of Lot 2 of Block 6 of River Front Subdivision No. 3, pursuant to City Council of the City of Dubuque Resolution No. 339-68, recorded as Document #: 21559, in Book 196, Page 526, on 1968-AUG-19 in the Dubuque County, Iowa Recorder's Office. RA1 City Council of City of Dubuque Resolution 339-68, approving reservation of perpetual easement for flood dike and perpetual 20' wide easement for riprap, including right to ingress and egress on Lot 1 of the Subdivision of Lot 2 of Lot 2 of Block 6 of River Front Subdivision No. 3, recorded as Document #: 21323, in Book 22, Pages 611-614, on 1968- AUG-08 in the Dubuque County, Iowa Recorder's Office. RA 2 Staging 16th Street Lot Map regarding Lots 610, 611, 612, 613, 614, 631, 630, 629, 628, and 627. RA 2 Staging Warranty Deed granting Lots 613 to the City of Dubuque in Book 170, Pages 235-236, as Document #: 8880 on 1960-FEB-10. RA 2 Staging Warranty Deed 610, granting Lots 611, 612, 614, 627, 628, 629, 630, and 631 to the City of Dubuque, recorded as Document #: 15349, in Book 193, Page 663, on 1967-NOV-22 in the Dubuque County Recorder's Office. RA 2 Staging Quitclaim Deed granting alley separating Lots 610-614 from Lots 627- 631 to the City of Dubuque, recorded as Document #: 15350, in Book 193, Page 664, on 1967-NOV-22 in the Dubuque County Recorder's Office. RA 2 Town Lot Deed Record, No. 76, Dubuque County, Iowa, granting 149.75 acres to the City of Dubuque from United States of America for Lots 1, 2, and 3 of fractional Section 19, Township 89, N Range 3, via a Certified Copy of a Patent, filed on 1914-JAN-14 as Document #: 13109 and recorded in the Department of the Interior, General Land Office, in Washington on 1913-OCT-04. RA 2 Original Government Survey from 1830s, recorded in Dubuque County Recorder's Office Plat Book 3, Page 90 on 1907-NOV-06, showing Lots 1, 2, and 3 of fractional Section 19, Township 89, N Range 3. RA 2 Laws of the Eighth General Assembly of the State of Iowa, Chapter 88, An Act to grant to the City of Dubuque title to certain lands, approved 1860-MAR-03. RA 3 Title Opinion by Attorney Barry A. Lindahl, Senior Counsel for the City of Dubuque, regarding Dubuque parcels 11-30-156-001 and 11-30-304- 001, indicating said parcels are owned by the City of Dubuque. *RA- Repair Area US Army Corps of Engineers Rock Island District Authorization for Entry for Construction and Attorney's Certificate of Authority Enclosure 4 PL84-99 Project: Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event Public Sponsor: City of Dubuque, Iowa Flood Risk Management System I, Michael C. Van Milligen, City Manager of the City of Dubuque certify that the City of Dubuque has acquired the real property interests required by the Department of the Army, and otherwise is vested with sufficient title and interest in lands, to support construction of the PL 84- 99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa, Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event. Further, I hereby authorize the Department of the Army, its agents, employees and contractors, to enter upon lands identified on the attached Right of Way Maps to construct the Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa, Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event as set forth in the plans and specifications held in the U.S. Army Corps of Engineers' District Office, Rock Island, Illinois. WITNESS my signature as City Manager for City of Dubuque, Iowa this 2024. BY: STATE OF IOWA COUNTY OF DUBUQUE Michael C. Van Milligen City Manager Signed and sworn (or affirmed) to before me on the .2ray of C. Van Milligen as City Manager of City of Dubuque. of 2024 by Michael JASON D. LEHMAN COMMISSION NO. 74931 0 MY COMMISSION EXPIRES / v - q--aod5 Page 1 of 2 'I rap US Army Corps of Engineers Rock Island District Authorization for Entry for Construction and Attorney's Certificate of Authority Enclosure 4 Notary `-..' is in and for the State of Iowa I, Barry A. Lindahl, as Senior Counsel for the City of Dubuque, certify that Michael C. Van Milligen for the City of Dubuque, has authority to grant the above Authorization for Entry for Construction; that said Authorization for Entry for Construction is executed by the proper duly authorized officer; and that the Authorization for Entry for Construction is in sufficient form to grant the authorization therein stated. WITNESS my signature as attorney for City of Dubuque, this 211 day of Y9L1 2024. BY: Barry A. Lindahl, Esq. (signature) STATE OFIOWA ) COUNTY OF DUBUQUE ) Signed and sworn (or affirmed) to before me on the 14 day of J ua 2024 by Barry A. Lindahl as attorney for the City of Dubuque. JENNIIFER M. MESSERICH Commission Num_ My Comm. Exp Notary Puc in anr the State of Iowa Page 2 of 2 MN IA WI PROJECT LOCATION Dubuque IL 0Mi D Dubuque RIGHT-OF-WAY DRAWINGS FOR PL84-99 REHABILITATION OF DAMAGED FLOOD CONTROL WORKS MISSISSIPPI RIVER BASIN, CITY OF DUBUQUE IOWA FLOOD RISK MANAGEMENT SYSTEM DUBUQUE COUNTY, IOWA, 2023 FLOOD EVENT NOTICE TO PROCEED ENCLOSURE 1, PAGE 1 - OVERVIEW PAGE4/ US Army Corps of Engineers R: Rock Island District [' Temporary Work Area Easement (2.46 Acres t) Flood Protection Levee Easement (5.10 Acres t) DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT PO BOX 2004 CLOCK TOWER BUILDING ROCK ISLAND, ILLINOIS 61204-2004 March 8, 2024 Real Estate Division The Honorable Mayor Brad M. Cavanagh Mayor of the City of Dubuque City of Dubuque, Iowa Flood Risk Management System Dubuque Municipal Building 50 W. 13th Street Dubuque, IA 52001 SUBJECT: Notice to Proceed, PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event Dear Mayor Cavanagh: This letter serves as the Notice to Proceed with the acquisition of any real estate rights for the rehabilitation of the flood control works, as set forth in the Cooperation Agreement entered into on October 25, 2023, between the U.S. Army Corps of Engineers (USACE) and the City of Dubuque, Iowa Flood Risk Management System, located in Dubuque County, Iowa, as the Non -Federal Sponsor (Sponsor). Please review Encl 1, Right -of -Way (ROW) drawings for the PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event (hereinafter, the Project). The ROW drawings show the lands and minimally legally sufficient property rights that the Sponsor must supply to USAGE in support of the Project for the repairs to commence. Please be advised that while USACE has made a reasonable effort to ensure the accuracy of the maps and associated data based on available GIS sources, USACE cannot make any warranty, representation, or guaranty, either express or implied, as to the contents, sequence, accuracy, timeliness, or completeness of any of the data provided herein. For example, there may be inconsistencies between the satellite imagery and the parcel boundaries drawn from GIS sources. Pursuant to Federal law, the Sponsor is ultimately responsible for ensuring the appropriate and sufficient legal rights are obtained to support the Project. SUBJECT: NOTICE TO PROCEED PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event To assist you in acquiring the minimally legally sufficient rights, I have enclosed the USACE Standard Estate text as Encl 2. USAGE strongly recommends that the USACE Standard Estate language be used, unless the Sponsor possess greater real property rights in the lands needed to support the Project. The recommended USACE Standard Estates text is enclosed for the following easements determined by USACE to be minimally legally sufficient for the Project: • USACE Standard Estate text for Temporary Work Area Easement • USACE Standard Estate text for Flood Protection Levee Easement For each temporary easement, please ensure the temporary easements expire on or after December 31, 2026. This period will cover the beginning of construction through the end of the expected warranty period. Each real estate right, temporary or permanent, must be recorded (or must have been previously recorded in the case of existing real estate rights) against the corresponding impacted parcels in the county where the real estate is located. The Sponsor is responsible for determining the location of its real estate interests being used for the Project and clearly communicating this information to USACE. If the Sponsor already possesses permanent real estate rights in the relevant areas marked as temporary easements on Encl 1 that have not previously been supplied to USAGE, please supply a copy of the recorded permanent real estate rights the Sponsor possesses. Previously obtained permanent rights may require review and approval at a higher level within the USACE organization; therefore, an early submission will allow us to pursue approval as soon as possible to avoid project delays. Early submission of previously acquired permanent rights should include a copy of the recorded real estate instrument and identification as to the lands the rights are recorded against on Encl 1. Moreover, if the Sponsor already possesses permanent real estate rights in the relevant areas marked as temporary easements noted on Encl 1, ROW drawings, please use Encl 3, Attorney's Certification of Real Estate Availability and Encl 4, Authorization for Entry for Construction and Attorney's Certificate of Authority, to certify the Sponsor's real estate rights and provide them to USACE to support the Project. For real estate rights that require an acquisition, using the enclosed USACE Standard Estates is strongly recommended to ensure that the Sponsor is acquiring adequate real estate rights. Real estate interests that are not consistent with the enclosed Standard Estate text will require a review by USACE for legal sufficiency of the Non -Standard Estate language and potential rejection of the acquired real estate rights, which may result in project delays, further negotiations with the landowner, and/or processing of a Non -Standard Estate for higher level USACE approval. SUBJECT: NOTICE TO PROCEED PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event Any real estate acquisition performed by the Sponsor in support of the Project, including acquisition by purchase or donation of a temporary easement, must be supported by a valuation product or waiver meeting the applicable requirements.' The Sponsor will be responsible for notifying all landowners from whom an acquisition will take place of their right to receive just compensation. Therefore, please coordinate all planned acquisitions with the assigned Realty Specialist, who can engage with our staff appraiser at the earliest possible time, in order to comply with Federal law. In addition, real estate interests held by third parties that overlap with the easement areas depicted on the ROW drawings in Encl 1, including but not limited to third -party easements and leasehold interests, must be identified and subordinated, released, or otherwise cleared by the Sponsor before real estate certification. For any real estate transaction in which the counterparty is a fictitious entity, such as a corporation, partnership, or trust, satisfactory evidence must be attached to the real estate instrument to show that the entity has authorized the transaction and the person signing is empowered to act on behalf of the entity. Examples of satisfactory evidence of such authority for corporations and partnerships would include one or more of the following: • A copy of the corporate charter or partnership agreement that conveys independent authority to the person executing the instrument; or • A copy of the corporate charter and partnership agreement that identifies the person executing the instrument and the entity's resolution that authorizes the transaction and grants authority to the person executing the instrument; or • A signed statement from a licensed attorney in good standing in the state the entity is authorized to do business, identifying said attorney as a general attorney employed by the entity, verifying the identity of the person executing the instrument on behalf of the entity, and verifying said person had the authority of the entity to execute the instrument. A statement by the person executing the instrument or a notary stating the person has the authority to execute on behalf of the entity will not be considered "satisfactory evidence" for purposes of this requirement. Acquisitions must comply with the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17), and the Uniform Regulations contained in 49 CFR Part 24, in acquiring lands, easements, and rights of way required for construction, operation, and maintenance of the Project. SUBJECT: NOTICE TO PROCEED PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event Likewise, a corporate resolution that approves the transaction but does not identify by name the person authorized to execute all documents necessary to support the transaction would also be considered insufficient. As you know, time is of the essence in this repair project. Any delay in producing the required documents will prevent the Real Estate Contracting Officer from certifying the availability of sufficient real estate rights for the Project to proceed. We, therefore, ask that you commence these actions immediately and provide all of the required documentation on or before April 15, 2024, if possible. If you believe you require additional time to complete the acquisition of the identified real estate rights, please contact Martha Cox to discuss an alternate timeline. Ms. Cox's contact information is set forth below. We encourage you to consult with and provide a copy of this letter and enclosures to the Sponsor's attorney at your earliest opportunity, as several of the enclosed forms require the review and signature of the Sponsor's attorney. To verify the availability of sufficient real estate to support the Project, please provide the following documents to my office concerning all required real estate interests: 1) Recorded, date -stamped copies of all conveyance documents necessary for the Project, including conveyance documents related to the pre-existing acquisition of real estate interests; 2) Valuation product or Donation -Waiver of Appraisal form(s) for each real estate interest acquired; • If the interest is donated, the Donation -Waiver of Appraisal form must reflect the landowner(s)' intention and agreement to waive an appraisal for just compensation. 3) Subordination, release, or proof of clearance of any overlapping third -party real property interests or leasehold interests affecting all real estate rights necessary for the Project; 4) For any fictious entity possessing real estate interests provided for the project, documentation that shows that the person signing on behalf of the fictious entity is empowered and authorized to act on behalf of the fictious entity; 5) Original signature copy of Encl 3, Attorney's Certification of Real Estate Availability, signed by the Sponsor's attorney, with the appropriate exhibits attached, or alternatively, please provide plats of survey for all recorded conveyance documents; and 4 SUBJECT: NOTICE TO PROCEED PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, lowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event 6) Original signature copy of Encl 4, Authorization for Entry for Construction and Attorney's Certificate of Authority, signed by the appropriate Sponsor official and the Sponsor's attorney, with the appropriate exhibits attached. All documents should be sent to the following address: Department of the Army U.S. Army Corps of Engineers, Rock Island District ATTN: Martha Cox (CEMVR-RE-A) Clock Tower Building P.O. Box 2004 Rock Island, Illinois 61204-2004 In addition to the hard copies of the documents being mailed via U.S. Postal Service or by commercial delivery service, scanned PDF copies of any or all documents can also be sent to your USAGE Real Estate point of contact on this matter, Martha Cox, via e-mail at Martha.L.Cox{c�usace.army.mil. Ms. Cox can also be reached via e-mail or by telephone at (309) 794-5046 if you have any questions throughout this process. have sent a copy of this letter via e-mail to the following and a hard copy is available upon request: bcavanagh©cityofd ubuque.org Arielle Swift, Public Works Director, via aswift ancityofdubuque.org Thank you for your assistance on this matter, and we look forward to working closely with the City of Dubuque on this Project. SUBJECT: NOTICE TO PROCEED PL84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event Thank you for your assistance on this matter, and we look forward to working closely with the City of Dubuque on this Project. Sincerely, L/7 Jason C. Appel Chief, Acquisition Branch Real Estate Contracting Officer Real Estate Division Rock Island District 4 Encls: Encl, 1: Right -of -Way (ROM Drawings Encl, 2: USACE Standard Estate text for Temporary Work Area Easement and Flood Protection Levee Easement Encl, 3: Attorney's Certification of Real Estate Availability Encl, 4: Authorization for Entry for Construction and Attorney's Certificate of Authority 6 ENCLOSURE 2 USACE Standard Estate text FLOOD PROTECTION LEVEE EASEMENT. A perpetual and assignable right and easement in (the land described in Schedule A) (Tracts Nos, and ) to construct, maintain, repair, operate, patrol and replace a flood protection (levee) (floodwall)(gate closure) (sandbag closure), including all appurtenances thereto; reserving, however, to the owners, their heirs and assigns, all such rights and privileges in the land as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. TEMPORARY WORK AREA EASEMENT. A temporary easement and right-of-way in, on, over and across (the land described in Schedule A) (Tracts Nos. , and ), for a period not to exceed beginning with date possession of the land is granted to the United States, for use by the United States, its representatives, agents, and contractors as a (borrow area) (work area), including the right to (borrow and/or deposit fill, spoil and waste material thereon) (move, store and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Project, together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the landowners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways, public utilities, railroads and pipelines. US Army Corps of Engineers Rock Island District Enclosure 3 Attorney's Certification of Real Estate Availability PL84-99 Project: Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event Public Sponsor: City of Dubuque, Iowa Flood Risk Management System The undersigned attorney makes the following representations in support of certification of the availability of all real estate required to complete the PL84-99 project named above: a) I am the attorney for the City of Dubuque named above. I am duly licensed and authorized to practice law in the state in which the City of Dubuque is located. b) The City of Dubuque is legally recognized and is in good standing within the state in which it is located. c) I have received and reviewed the Right of Way (ROW) drawing(s) from the USACE Rock Island District, copies of which are attached to this certification as Exhibit A. I understand that the ROW drawing(s) is intended to provide a visual guide for the acquisition of appropriate legal rights. I further understand that the ROW drawing(s) does not provide definitive, survey -level data regarding parcel boundaries or ownership. I have made, or caused to be made, an up-to-date examination of the land records for all parcels impacted by the project shown in Exhibit A, necessary to determine the City of Dubuque has perfected all property rights necessary to support the Project as identified in Exhibit A; furthermore, said property rights are provided free and clear of interests held by third parties including leasehold interests. d) It is my legal opinion that the documents conveying the appropriate property right(s) to the City of Dubuque are at least the minimally legal sufficient rights necessary, as set forth in the Notice to Proceed and Amendments thereto, if any, and attached Right of Way drawing(s). Further, all such conveyance documents have been duly recorded in the appropriate jurisdiction and file -stamped, copies of which are attached as Exhibit B. Page 1 of 2 „a, US Army Corps of Engineers Rock Island District Enclosure 3 Attorney's Certification of Real Estate Availability Based on the representations above, I certify that all real estate interests required for the project named above have been acquired and are available for project purposes. Signature, Attorney for the City of Dubuque Date Printed/Typed Name, Attorney for the City of Dubuque STATE OF IOWA COUNTY OF DUBUQUE Signed and sworn (or affirmed) to before me on the day of 2024 by (name) as (title) of the City of Dubuque. Notary Public in and for the State of Iowa Page2 of 2 US Army Corps of Engineers Rock Island District Authorization for Entry for Construction and Attorney's Certificate of Authority Enclosure 4 PL84-99 Project: Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event Public Sponsor: City of Dubuque, Iowa Flood Risk Management System I, (name), (title) of City of Dubuque certify that City of Dubuque has acquired the real property interests required by the Department of the Army, and otherwise is vested with sufficient title and interest in lands, to support construction of the PL 84-99 Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa, Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event. Further, I hereby authorize the Department of the Army, its agents, employees and contractors, to enter upon lands identified on the attached Right of Way Maps to construct the Rehabilitation of Damaged Flood Control Works, Mississippi River Basin, City of Dubuque, Iowa, Flood Risk Management System, Dubuque County, Iowa, 2023 Flood Event as set forth in the plans and specifications held in the U.S. Army Corps of Engineers' District Office, Rock Island, Illinois. WITNESS my signature as (title) for City of Dubuque, Iowa this of BY: STATE OF IOWA COUNTY OF DUBUQUE 2024. (signature) (name) (title) Signed and sworn (or affirmed) to before me on the day of 2024 by (name) as (title) of City of Dubuque. Page 1 of 2 US Army Corps of Engineers Rack Island District Authorization for Entry for Construction and Attorney's Certificate of Authority Enclosure 4 Notary Public in and for the State of Iowa I, (name), as attorney for the City of Dubuque, certify that for the City of Dubuque, has authority to grant the above Authorization for Entry for Construction; that the for the City of Dubuque, has authorized the execution of the Authorization for Entry for Construction via resolution, delegation, or other act; that said Authorization for Entry for Construction is executed by the proper duly authorized officer; and that the Authorization for Entry for Construction is in sufficient form to grant the authorization therein stated. WITNESS my signature as attorney for City of Dubuque, this day of 2024. BY: (signature) (name) STATE OF IOWA COUNTY OF DUBUQUE Signed and sworn (or affirmed) to before me on the day of 2024 by (name) as attorney for the City of Dubuque. Notary Public in and for the State of Iowa Page 2 of 2