Property Acquisition - Bee Branch Subdivision No. 12 DCSD-Audubon School Copyright 2014
City of Dubuque Consent Items # 5.
ITEM TITLE: Property Acquisition - Bee Branch Subdivision No. 12 / Dubuque
Community School District
SUMMARY: City Manager recommending approval of the acquisition of Lot 2 of Bee
Branch Subdivision No. 12 — a portion of Audubon School property, from
the Dubuque Community School District required to construct the multi-use
trail and for installation of the sanitary interceptor sewer as part of the Bee
Branch Creek Restoration Project.
RESOLUTION Approving the acquisition of real estate owned by Dubuque
Community School District, in the City of Dubuque and acceptance of the
Deed to such property.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Bee Branch Creek Restoration Project-Property Acquisition-MVM City Manager Memo
Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Offer to Buy Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Creek Restoration Project, Property Acquisition
DATE: May 27, 2015
City Engineer Gus Psihoyos recommends City Council approval of the acquisition of Lot
2 of Bee Branch Subdivision No. 12 — a portion of Audubon School property, from the
Dubuque Community School District for the appraised value of$13,314.47. This
property is required to construct the multi-use trail and for installation of the sanitary
interceptor sewer as part of the Bee Branch Creek Restoration Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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
THE CITY OF DubuqueDUB E
Ih
Masterpiece on the Mississippi
TO: Michael C. Van Milligan, City Manager
FROM: Gus Psihoyos, City Engineer All,
0__�
DATE: May 26, 2015
SUBJECT: Bee Branch Creek Restoration Project, Property Acquisition
INTRODUCTION
The purpose of this memorandum is to seek authorization to acquire Lot 2 of Bee
Branch Subdivision No. 12 — a portion of Audubon School Property, Dubuque, Iowa (the
Property) for the Bee Branch Creek Restoration Project.
BACKGROUND
In December of 2001, the City Council formally adopted the Drainage Basin Master Plan
prepared by HDR Engineering, Inc. (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 adopted the alignment of the Bee Branch Creek
Restoration Project based on the work and recommendation of the Bee Branch Citizen
Advisory Committee. The adopted alignment crossed the railroad yard at 506 Garfield
Avenue now owned by Canadian Pacific.
In April of 2011, the City Council approved and authorized the execution of the River
Enhancement Community Attraction and Tourism (RECAT) grant agreement for
improvements associated with the Bee Branch Creek Restoration Project.
DISCUSSION
The property is required to construct the multi-use trail and for installation of the sanitary
interceptor sewer as part of the Bee Branch Creek Restoration Project.
The Dubuque Community School District Board has agreed to sell the property for the
appraised value of$13,314.47. The City's offer was based upon a recent appraisal of
comparable vacant lots on Washington Street that was completed by appraiser Bob
Felderman. Enclosed are the Offer to Buy Real Estate and Acceptance (the Offer)
signed by the Dubuque Community School District, and the proposed Resolution
approving the Offer to Buy Real Estate and Acceptance.
RECOMMENDATION
I recommend acquiring a part of Audubon School Property per the terms outlined in the
attached Offer to Buy Real Estate and Acceptance for the Bee Branch Creek
Restoration Project.
BUDGETIMPACT
The acquisition will be funded through the FY2013 Capital Improvement Program
Budget appropriation of $13,314.47 for Bee Branch Creek Restoration property
acquisitions.
REQUESTED ACTION
I respectfully request that the City Council adopt the attached Resolution approving the
Offer .and authorizing acceptance of the Warranty Deed and any other related steps
necessary to carry out the terms of the Offer.
Attach.
Cc: Barry Lindahl, City Attorney
Steve Sampson Brown, Project Manager
Deron Muehring, Civil Engineer
Alexis Steger, Confidential Acct. Clerk
F-APROJECTS\Storm and Sanitary\Storm\BEE BRANCH\Bee Branch Creek Restoration Project\City Council\Property
Acquisitions\Audubon Schookmerno,bee branch,property acquisitions,audubon,6-1-15.doc
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RESOLUTION NO. 183-15
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DUBUQUE
COMMUNITY SCHOOL DISTRICT, IN THE CITY OF DUBUQUE AND ACCEPTANCE
OF THE DEED TO SUCH PROPERTY
Whereas, the City of Dubuque intends to acquire certain real estate (the Real
Estate) located immediately adjacent to the area of the Bee Branch Creek Restoration
Project for stormwater mitigation activities as recommended in the 2001 "Drainage
Basin Master Plan" as amended in 2013; and
Whereas, the Real Estate is not currently part of or located within the Bee Branch
Creek Restoration Project; and
Whereas, the owner of the Real Estate approached by the City of Dubuque and
voluntarily agreed to sell to the City of Dubuque property for addition to, but not
currently part of, the Bee Branch Creek Restoration Project; and
Whereas, the 2008 Dubuque Comprehensive Plan's Transportation Goals calls
for the establishment of improved hike and bike routes in the City of Dubuque to
encourage alternative modes of transportation; and
Whereas, the acquisition of the Real Estate would provide space for the
construction of a hike/bike path connection between the 26 -mile Heritage Trail and the
City's 14 -mile Mississippi Riverfront trail system; and
Whereas, the acquisition of the Real Estate is a voluntarily negotiated purchase
by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an
acquisition by the City of Dubuque through its exercise of the power of eminent domain
under Chapter 6B of the Code of Iowa; and
Whereas, a purchase agreement has been finalized with the owner of the Real
Estate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has
been executed by the owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the
following legally described real estate pursuant to the Agreement attached hereto:
LOT 2 of Bee Branch Subdivision No. 12 (Exhibit A/Preliminary Plat No. 4-
1A-15), located in the City of Dubuque, Iowa, at the cost of Thirteen
Thousand Three Hundred Fourteen and 47/100 Dollars ($13,314.47).
Section 2. That the City of Dubuque be and is hereby authorized to accept the.
Warranty Deed attached hereto 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 Warranty Deed to be recorded in the office of the Dubuque County Recorder,
together with a certified copy of this 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 1st day of June, 2015.
Attest:
Kevin S. Firnstahl, City Cle
(9 -
Roy D. Buol, ayor
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Dubuque Community School District, Seller:
SECTION 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer)
offers to buy all of Seller's right, title and interest in and to real estate in Dubuque County,
Iowa, described as follows:
Comprised of Lot 2 of Bee Branch Subdivision No. 12 (Exhibit A/Preliminary Plat No. 4-
IA-15). Located in the City of Dubuque, Iowa (the Real Estate).
Buyer will pay all costs of survey and platting and abstracting the Real Estate following
the closing and Seller legal fees. Seller shall cooperate fully in all surveying and platting.
SECTION 2. PURCHASE PRICE. The purchase price shall be payable to Seller in
cash at closing as follows: $13,314.47 subject to all of the terms and conditions herein.
SECTION 3. REAL ESTATE TAXES. Seller shall pay all unpaid real estate taxes
payable for fiscal year 2014-2015 and prior years. Seller shall also pay real estate taxes
for fiscal year 2015-2016 prorated to the date of closing. Buyer shall pay all subsequent
real estate taxes. Any proration of real estate taxes on the Real Estate shall be based
upon such taxes for the year currently payable unless the parties state otherwise.
SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments, if
any, which are a lien as of the date of closing.
SECTION 5. POSSESSION. Subject to the conditions in Section 14, possession of the
Real Estate shall be delivered to Buyer on or before June 1, 2015, or such other date as
the parties may agree in writing.
SECTION 6. USE OF PURCHASE PRICE. At time of settlement, funds of the
purchase price may be used to pay taxes and other liens and to acquire outstanding
interests, if any, of others.
SECTION 7. ABSTRACT AND TITLE. Seller, at Buyer's 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 the 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, including transfers by or the death of Seller or its
assignees.
SECTION 8. DEED. Upon payment of the purchase price, Seller shall convey the Real
Estate to Buyer, by Warranty Deed prepared by Buyer, free and clear of all liens,
050415bal
restrictions, and encumbrances. Any general warranties of title shall extend only to the
time of acceptance of this offer, with special warranties as to acts of Seller continuing up
to time of delivery of the deed.
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
Iowa 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.
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 May 22, 2015, 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,
Iowa in its sole discretion.
15.2 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
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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.
15.3 If the parties are unable to schedule a closing date prior to June 1, 2015 and if
Seller has signed this purchase agreement, Seller agrees to provide Buyer and it's
Contractor temporary construction access rights to the Real Estate and other access to
the Audubon School Playground as shown on Exhibit B, no later than June 5, 2015.
15.4 Buyer shall restore all disturbed playground areas by providing a single graded
earth slope from the paved and sand play areas, southwest to the proposed fence as
shown on Exhibit B. Buyer's work shall include establishing turf in all disturbed areas per
the seed mix specified by the Seller. Buyer shall endeavor to establish turf by the first
day of school for the 2015-2016 school year. Seller at its sole discretion shall notify Buyer
when turf is satisfactorily established to be used for playground activities. Upon
notification, Buyer shall remove all temporary fencing from the playground area within 72
hours. Buyer shall replace all existing, disturbed chain link fence with new 6 foot high,
black vinyl fencing. All new chain link fence installed by Buyer shall be complete and in
place prior to August 28, 2015. The fence installed along the new, southwest property
line shall be owned and maintained by Buyer. All other replaced fencing shall remain
under the ownership of Seller. The obligations of this Section shall survive the closing.
15.5 Until thirty (30) days after Acceptance by both parties, Buyer shall have the right to
terminate this agreement if environmental conditions exist on the Real Estate if Buyer
determines in its sole discretion that such conditions must be remediated. 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.
Dated:
CITY OF DUBUQUE, IOWA,
BUYER
By:
Michael cY Van Milligen
City Manager
THIS OFFER IS ACCEPTED:
Dated: May 11, 2015
DUBUQUE COMMUNITY SCHOOL
DISTRICT, SELLER
By:
tsr President, Board of Education
EXHIBIT A
PRELIMINARY PLAT
4
MPAR(D ay: 1P,P.C. fir Ppa5',r-14 AA CUBLkIE,IOWA (553)',::&—]+t1M
PLAT OF SURVEY
BEE BRANCH SUBDIVISION NO, 12,
IN THE CITY OF DUBUQUE, IOWA
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PIPE FOUND
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LINE ep fi S�y � •\
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3�Ab f LOT 3A J
T,`"2, 1
LOT 1
83,068 S4. FT, J
t f M5.d0' LOT 2
4,453 SO. FT.
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PLAT BOUNDARY
----'LOT LINE J 81
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0 FOUND i" IRON PIPs �� � �, v NORTH
t'
GRAPHIC SCALE
SET 5/8 IRON REBAR wJ RED / C!
PLASTIC CAP NO. 21408 � � J " J J ® 5O SCC
RECORD INFORMATTQN J /
DRAWING MAY I-KVE BEEN REDUCED
DESCRIPTION:COMPRISED OF LOT 3, LOT 4, LOT 2 7F 5, AND FART OF LOT 2, ALL
OF MINERAL LOT. 314, LOCATED IN THE CITY OF DUBUOUC, iOwA NOTE
PROPRIETOR: DUBUOUE COMMUNITY SCHOOL_ DISTRICT THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
SURVEYED FOR: CITY OF D48EITf UE- RESTRICTIONS AND PICHTS—OF—WAY
DATE OF SURVEY. FEFSRUARY 78, WIS. OF RF,COR'D AND NOT OF RECORD.
TOTAL .AREA SURVEYED: 87,520 SO. €T.
1 I HUMY[£RDFY➢11AT Ms-1$q4R!CrN"a OOE44iRF WAS PF£P.A m -.._.
W DE REWED RAWY W01K WAY afFf%-AU*D Of ME OR R 1iY ^£. f+.t rcceaw
CURE&T PEASENAL V.,kAws AYQ MAP p Au A idtND - ewr,�a�aM«,xa
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EXHIBIT A AF T-c(l R - A Dna ua
d, ''.ha UMSE'10.Mab MY UMASE REREW&DAZE 6 iVai/miS kf�tEE a. IWN?!Na, .,Ming
A M DL " sRvs AI m o1!w W 1 , CA NY1kY-Si'M,U.E 4.ytlt1 E11/110.y01
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Sheer?of
SURVEYOR'S C:ERTIF'ICATF
I, Craig L. Cieiser, a thaw Liccn;er I,ana Suneynr in the State of lowrr, ala hereby certify that IN.-
following real estate wns surveyed ane,platter!"o me or under my dimct personal supervisioc,Ta Wiv
drrt.i,t of t Lul 1 of 3.and parr Wim 2,ad uj ttine!,ul Lot 3i4.loualed in the Cita rtf Unhugw!.Iowa.
This survey was performed fm the purtanxe of snhdividing;and platting said teal estate hei;ce'iatta to ha
known as Bee Branch Subdivision No. I in the City of Ihabuquc,Iowa,
C011taini,,11 87,524 square tVcl, marc or less, sad suh.icct to eastatwitu, reservations, restrictions, ane,
rights-of-way of record and not of record,it:e pl=at of which.is utatched hereto and made a part of this
certificate
6
EXHIBIT B
AUDUBON SCHOOL CONSTRUCTION EXHIBIT
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COMPENSATION ESTIMATE
Project Name: Bee Branch Channel. Streets. and Utilities
Parcel Number: 1013486013
Record Owner: Dubuque Community School District
Owner's Mailing Address: 2300 Chaney, Road, Dubuque, IA 52001
Subject Property Address: 605 Lincoln Ave. Dubuque, Iowa 52001
This property is described as: Comprised of Lot 3, Lot 4, Lot 2 of 5, and Part of Lot 2, All of
Mineral Lot 314, Located in the City of Dubuque, Iowa.
Basis for land value estimate:
Comparable Land Sal s:
(From Appraisal Report for 2400 block of Washington St.)
3130 Burden St. $2.79/sg. ft.
2619 Millstone Dr. $3.02/sg,. ft.
Cider Ridge Rd. $3.05/sg. ft:
4,453 sq.ft. @ Average Price $2.99/sq. ft. = $13,314.47
Total Land Value = $13,314.47
Certification:
I hereby certify that I am familiar with the property which is the subject of this estimate, that the
estimate is based upon data contained in the files of the City, that I have no direct or indirect
present or contemplated future personal interest in this property or in any benefit from the
acquisition of this property.
Ao y: DATE OF E T
pprI23, 2015
Signed
DATE:
S ,�- Estimali 6 Agen