East West Corridor Capacity Improvement Project Right of Way Property Acquisition Approve Offer to Buy Agreement 2300 University Avenue (Butt Property) Copyrighted
April 20, 2026
City of Dubuque ACTION ITEMS # 1.
City Council
ITEM TITLE: East West Corridor Capacity Improvement Project Right of
Way Property Acquisition Approve Offer to Buy Agreement
2300 University Avenue (Butt Property)
SUMMARY: City Manager recommending City Council approve the Offer
to Buy Real Estate and Acceptance Agreement between the
City of Dubuque and Stephen J. Butt Trust and Patricia J.
Schroeder Trust for the property located at 2300 University
Avenue and authorize the City Manager to execute purchase
agreement.
RESOLUTION Approving Offer to Buy Real Estate and
Acceptance Agreement between the City of Dubuque and
Stephen J. Butt Trust and Patricia J. Schroeder Trust
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo East - West Corridor Capacity Improvement Project
2. Butt Property 2300 University Offer to Buy Approve Agreement - Staff MEMO
3. Butt Property 2300 University Offer to Buy Approve Agreement - RESOLUTION
4. Butt Property 2300 University Offer to Buy 04082026 - Signed
Page 728 of 901
Dubuque
THE CITY OF �
uhA�eMa cin
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: East - West Corridor Capacity Improvement Project
Right-of-Way Property Acquisition
Approve Offer to Buy Agreement - 2300 University Avenue (Butt Property)
Project No. 5521000001
DATE: April 16, 2026
Assistant City Engineer Robert Schiesl is recommending City Council approve the Offer
to Buy Real Estate and Acceptance Agreement between the City of Dubuque and
Stephen J. Butt Trust and Patricia J. Schroeder Trust for the property located at 2300
University Avenue, and authorize the City Manager to execute purchase agreement.
Following the completion of an appraisal process, the City initiated good faith
negotiations with the Stephen J. Butt Trust and Patricia J. Schroeder Trust
representatives. The City presented an Offer to Buy to the Seller for the Just
Compensation Valuation amount of$650,000, which has been accepted by the Seller.
The adopted FY26 budget includes $1,000,000 to continue to advance the development
of East-West Corridor Capacity Improvements along University Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
Jenny Larson, Chief Financial Officer
Laura Bendorf, Budget Manager
Nathan Steffen, Civil Engineer
Page 729 of 901
Dubuque
THE CITY OF �
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Maste iece on the Mississi Z zoo�-zoiz-zois
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TO: Michael C. Van Milligen, City Manager
FROM: Robert Schiesl, Assistant City Engineer
SUBJECT: East - West Corridor Capacity Improvement Project
Right-of-Way Property Acquisition
Approve Offer to Buy Agreement - 2300 University Avenue (Butt Property)
Project No. 5521000001
DATE: April 14, 2026
INTRODUCTION
The purpose of this memorandum is to provide the City Council with information and
request City Council approval of the Offer to Buy Real Estate and Acceptance
Agreement between the City of Dubuque and Stephen J. Butt Trust and Patricia J.
Schroeder Trust for the property located at 2300 University Avenue.
BACKGROUND
The City and consultant team are currently working to complete the Preliminary
Engineering Design and Environmental Clearance Phase to advance the development
of East-West Corridor Capacity Improvements along University Avenue.
The graphic below shows the most recent preliminary design concept for corridor
improvements at Delhi, Loras, Asbury, and Pennsylvania intersections.
EAST - WEST CORRIDOR CAPACITY IMPROVEMENTS
Project Development
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Page 730 of 901
In 2024, Steve and Sue Butt, representing the Schroeder Rev Trust and Butt Trust,
approached the City about their property located at 2300 University Avenue, and
inquiring if the City would be interested in purchasing said property. Steve and Sue Butt
stated they have been unable to sell their property due to the uncertainty related to any
potential impact to their property that may result from the planned East-West Corridor
Capacity Improvements.
At that time, staff explained that the City was working through the preliminary design
phase, evaluating alternatives, and that property impacts along the corridor were not yet
determined.
PRELIMINARY DESIGN DEVELOPMENT
In February 2025, the City hosted an open house public information meeting for the
East-West Corridor Capacity Improvements. The preliminary design and results of the
environmental study were presented to stakeholders and the public to review and
provide input. The consultant is currently using that feedback as they continue to refine
the preliminary design for the corridor improvements. Based on the design development
to date, the graphic below shows the most current corridor improvements, with the
yellow dots representing potential property impacts, including property acquisitions and
relocations.
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2300 UNIVERSITY AVENUE PROPERTY
The subject property is a vacant commercial site at the intersection of University
Avenue and Asbury Road. It consists of three parcels totaling 31,010 square feet. The
property has been listed for sale periodically over the last 10 years but there are no
active listings for the property. The most recent 2024 listing sale price was for
$1,000,000. The previous listing from 2022 was for $695,000.
Based on the preliminary design, the frontage of the subject property along University
Avenue will be impacted and thus leaving the remainder of the property as an
uneconomic remnant. The graphic below shows the most current corridor improvements
in relation to the subject property.
Page 2 of 4
Page 731 of 901
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PROTECTIVE PURCHASE
The City feels that the advance acquisition of the Schroeder Rev Trust and Butt Trust
property as a protective purchase to preserve the corridor for the future reconstruction
of the University Avenue - Asbury Road Intersection would be in the best interest of the
public. Based on the owners documented and demonstrated interest in selling the
property, should the currently vacant property be purchased and redeveloped, this
would significantly increase the cost to acquire the property at a future date.
CERTIFIED APPRAISAL PROCESS
The City retained the services of Cook Appraisal and Hattery Real Estate Appraisals to
provide real estate property Acquisition Appraisal Services. The appraisal work was
completed in accordance with the Federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act and the lowa Department of Transportation's Appraisal
Policy & Procedures Manual, Appraisal Operational Manual.
JUST COMPENSATION VALUATION
Cook Appraisal has completed the Acquisition Valuation Appraisal, and Hattery Real
Estate Appraisals has completed the Acquisition Review Appraisal which has
established the certified Just Compensation Valuation (Fair Market Value) for 2300
University Avenue property. The valuation for the subject property is shown in the
following table:
Land Current Just
Property Owner Type Land Use Acquisition Type Compensation
Value
Schroeder Rev Trust and Butt Trust Commercial Vacant Total Acquisition $650,000
Page 3 of 4
Page 732 of 901
GOOD FAITH NEGOTIATIONS
Following the completion of the appraisal process, the City initiated good faith
negotiations with the Stephen J. Butt Trust and Patricia J. Schroeder Trust
representatives (Seller). The City presented an Offer to Buy to the Seller for the Just
Compensation Valuation amount of$650,000, which has been accepted by the Seller.
RECOMMENDATION
I recommend the advance acquisition of the 2300 University Avenue property would be
in the best interest of the public and respectfully request the approval of the accepted
Offer to Buy Real Estate and Acceptance Agreement between the City of Dubuque and
Stephen J. Butt Trust and Patricia J. Schroeder Trust for said property.
BUDGET IMPACT
The adopted FY26 budget includes $1,000,000 to continue to advance the development
of East-West Corridor Capacity Improvements along University Avenue.
REQUESTED ACTION
The Mayor and City Council are requested to approve the Offer to Buy Real Estate and
Acceptance Agreement between the City of Dubuque and Stephen J. Butt Trust and
Patricia J. Schroeder Trust for the property located at 2300 University Avenue, and
authorize the City Manager to execute purchase agreement.
Prepared by Robert Schiesl, Assistant City Engineer
cc: Gus Psihoyos, City Engineer
Jenny Larson, Chief Financial Officer
Nathan Steffen, Civil Engineer
Page 4 of 4
Page 733 of 901
Prepared by Robert Schiesl City of Dubuque Engineering, 50 W. 13th St. Dubuque, IA 52001 (563)589-4270
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 149-26
APPROVING OFFER TO BUY REAL ESTATE AND ACCEPTANCE AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND STEPHEN J. BUTT TRUST AND PATRICIA
J. SCHROEDER TRUST
WHEREAS, the City is currently working to complete the Preliminary Engineering
Design and Environmental Clearance Phase to advance the development of East-West
Corridor Capacity Improvements along University Avenue; and
WHEREAS, representatives from the Stephen J. Butt Trust and Patricia J.
Schroeder Trust inquired if the City would be interested in purchasing their property
located at 2300 University Avenue; and
WHEREAS, based on the preliminary design, the frontage of the 2300 University
Avenue property will be impacted and potentially leaving the remainder of the property as
an uneconomic remnant; and
WHEREAS, the advance acquisition of the 2300 University Avenue property as a
protective purchase to preserve the corridor for the future reconstruction of the University
Avenue - Asbury Road Intersection would be in the best interest of the public; and
WHEREAS, the City had real estate property acquisition appraisals completed to
establish the certified Just Compensation Valuation (Fair Market Value) in accordance
with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act
and the Iowa Department of Transportation's Appraisal Policy & Procedures Manual,
Appraisal Operational Manual; and
WHEREAS, the City initiated good faith negotiations with the Stephen J. Butt Trust
and Patricia J. Schroeder Trust representatives (Seller) and presented an Offer to Buy to
the Seller for the Just Compensation Valuation amount of $650,000, which has been
accepted by the Seller.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
SECTION 1. The Offer to Buy Real Estate and Acceptance Agreement between the
City of Dubuque and Stephen J. Butt Trust and Patricia J. Schroeder Trust is hereby
approved and the City Manager is hereby directed to execute the said purchase
agreement.
Attest:
Passed, approved and adopted this 20th day of April 2026.
Trish L. Gleason, Assistant City Clerk
agh, Mayor
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Stephen J. Butt Trust Dated September 13, 2022 and Patricia J. Schroeder
Trust Dated September 18, 2020, Seller
SECTION 1. REAL ESTATE DESCRIPTION. The City of Dubuque, lowa (Buyer) offers
to buy all of Seller's right, title, and interest in and to the real estate in Dubuque County,
lowa, described as follows:
Lots 13, 14, and 15 in Finley, Waples & Burton's Addition to the City of Dubuque,
lowa, according to the recorded plat thereof; and
The Easterly '/2 of Lot 16 in Finley, Waples & Burton's Addition to the City of
Dubuque, lowa, according to the recorded plat thereof; and
The West '/2 of Lot 16 in John W. Finley, Wm. D. Waples & George W. Burton's Plat
of Mineral Lot 168 in Township 89 North, Range 2 East of the 5t" P.M., in the City
of Dubuque, lowa, according to the recorded plat thereof
locally known as 2300 University Avenue, in Dubuque, lowa, as shown on the exhibit
attached hereto (the Real Estate) 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. PURCHASE PRICE. The Purchase Price shall be as follows:
Cash at closing
2300 University $650,000.00
Total $650,000.00
Subject to all of the terms and conditions herein.
SECTION 3. REAL ESTATE TAXES. Taxes for the fiscal year in which the closing takes
place shall be paid by Seller prorated to the date of possession. Seller shall also pay any
unpaid real estate taxes for prior fiscal years.
SECTION 4. POSSESSION. If Seller timely perForms all obligations, and all
contingencies are met or waived, possession of the Real Estate shall be delivered to
Buyer on May 8, 2026 (the Closing Date), or such other date as the parties may agree in
Page 735 of 901
writing with any adjustments of taxes, rent, insurance, and interest to be made as of the
date of transfer of possession.
SECTION 5. ABSTRACT AND TITLE. Seller, at Seller's expense, shall promptly obtain
a lien search or 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, lowa law and Title
Standards of the lowa State Bar Association. The abstract shall become the property of
the Buyer when the purchase price is paid in full. Seller shall pay the costs of any
additional necessary abstracting and title work due to any act or omission of Seller,
including transfers by or the death of Seller or its assignees.
SECTION 6. DEED. Upon payment of the purchase price, Seller shall convey the Real
Estate to Buyer by Warranty Deed, free and clear of all liens, restrictions, and
encumbrances.
SECTION 7. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. [Deleted].
SECTION 8. JOINDER BY SELLER'S SPOUSE. [Deleted].
SECTION 9. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
SECTION 10. REMEDIES OF THE PARTIES.
10.1 If Buyer fails to timely perForm this contract, Seller may forFeit it as provided in the
lowa Code, and all payments made shall be forfeited or, at Seller's option, upon
thirty days written notice of intention to accelerate the payment of the entire
balance because of such failure (during which thirty days such failure is not
corrected) Seller may declare the entire balance immediately due and payable.
Thereafter this contract may be foreclosed in equity and the Court may appoint
a receiver.
10.2 If Seller fails to timely perform this contract, Buyer has the right to have all
payments made returned to it.
10.3 Buyer and Seller also 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 11. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court
approval, the fiduciary shall promptly submit this contract for such approval. If this
contract is not so approved, it shall be void.
2
Page 736 of 901
SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract
shall apply to and bind the successors in interest of the parties.
SECTION 13. CONSTRUCTION. Words and phrases shall be construed as in the
singular or plural number, and as masculine, feminine or neuter gender, according to the
context.
SECTION 14. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or
before April 14, 2026 at 5:00 p.m., it shall become void and all payments shall be repaid
to the Buyer.
SECTION 15. OTHER PROVISIONS.
15.1 The Offer is subject to final approval of the City Council of the City of Dubuque,
lowa in its sole discretion.
15.2 Following acceptance of this Offer by Seller, Buyer, its counsel, accountants,
agents and other representatives, shall have full and continuing access to the
Real Estate and all parts thereof, upon reasonable notice to Seller for the
purpose of inspecting, surveying, engineering, test boring, performance of
environmental tests and such other work as Buyer shall consider appropriate,
provided that Buyer shall hold Seller harmless and fully indemnify Seller against
any damage, claim, liability or cause of action arising from or caused by the
actions of Buyer, its agents, or representatives upon the Real Estate (except for
any damage, claim, liability or cause of action arising from conditions existing
prior to any such entry upon the Real Estate), and shall have the further right to
make such inquiries of governmental agencies and utility companies, etc. and
to make such feasibility studies and analyses as Buyer considers appropriate.
Notwithstanding any provision herein to the contrary, Buyer shall complete any
such tests and inspections no later than ten (10) days prior to the Closing date.
15.3 Seller warrants that the rights of all tenants shall be terminated by Seller prior to
closing and that there will be no tenants whose rights in the Real Estate survive
the closing. This covenant shall survive the closing.
15.4 Environmental Provision.
(1) Seller warrants to the best of its knowledge and belief that there are no
abandoned wells, solid waste disposal sites, hazardous wastes or
substances, underground storage tanks, burial sites or private wastewater
disposal systems located on the Real Estate, the Real Estate does not
contain radon gas, asbestos or asbestos containing building materials, or
urea-formaldehyde foam insulation, and Seller has done nothing to cause
3
Page 737 of 901
or allow contamination of the Real Estate with hazardous wastes,
substances, or pollutants. Seller warrants to the best of its knowledge and
belief that the Real Estate is not subject to any local, state, or federal judicial
or administrative action, investigation or order regarding any environmental
matter. Seller shall provide Buyer with a properly executed Groundwater
Hazard Statement showing no known wells, solid waste disposal sites,
hazardous wastes, underground storage tanks, private burial sites or private
wastewater disposal systems on the Real Estate.
15.5 Until ten (10) days prior to closing, Buyer shall have the right to terminate this
agreement if environmental issues exist on the Real Estate that Buyer
determines in its sole discretion do not permit Buyer to use the Real Estate for
its intended use. Prior to terminating this Agreement pursuant to this section,
Buyer shall offer Seller the opportunity to remediate the Real Estate to the
satisfaction of Buyer in its sole discretion and at Seller's sole cost.
15.6 BUYER and SELLER expressly acknowledge that SELLER makes no
representations or warranties, expressed or implied, as to the condition
(environmental or otherwise) of the Real Estate, and BUYER expressly
acknowledges and agrees that, as of the Closing Date and subject to Buyer's
right of termination in paragraph 15.5, BUYER is purchasing the Real Estate
"AS IS", "WHERE IS" and "WITH ALL FAULTS", latent and patent. Without
limiting the generality of the foregoing, SELLER has not made, and hereby
expressly disclaims, any representations or warranties whatsoever, express or
implied, with respect to or relating to the Property, including, without limitation,
any representations or warranties as to (i) merchantability, habitability or fitness
of the Property for a particular purpose, and/or (ii) any environmental matters.
BUYER expressly acknowledges that it is not authorized to rely, has not relied,
and will not rely on any representation, statement or warranty of SELLER, or of
any agent of representative of SELLER, not expressly set forth herein. BUYER
further expressly acknowledges that, upon closing, BUYER hereby FOREVER
RELEASES AND DISCHARGES SELLER from all responsibility and liability
concerning the condition (including physical characteristics) of the Property.
BUYER and SELLER further expressly acknowledge and agree that this Section
and the terms hereof will survive the Closing.
4
Page 738 of 901
THIS OFFER IS ACCEPTED
CITY OF DUBUQUE, IOWA STEPHEN J. BUTT TRUST DATED
SEPTEMBER 13, 2022
Dated. 4 " 20 - 2 p2 G
Dated
By:
6 Tk4
Michael C. Van Milligen, Citfi anager Step I (en J. Butt, Trustee
By
PATRICIA J. SCHROEDER TRUST
DATED SEPTEMBER 18, 2020
Dated.
By:
Li/II/ace
Kathryn Schroeder, Trustee
Iru,)-tee,.
REAL ESTATE EXHIBIT
6
Page 740 of 901
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