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Resource Enhancement and Protection (REAP) Grant_Valentine Park Expansion Use Restrictions Copyrighted August 21, 2017 City of Dubuque Consent Items # 21. ITEM TITLE: Resource Enhancement and Protection (REAP) Grant for Valentine Park Expansion— Notice of Use Restrictions SUMMARY: City Manager recommending approval of a resolution agreeing to the terms of the Notice of Use Restrictions from the Iowa Department of Natural Resources for the Valentine Park Expansion— Roepsch Property. RESOLUTION Approving the Notice of Use Restrictions related to REAP Grant Agreement#17-R4-ED for Valentine Park Expansion - Roepsch Property SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type REAP Grant for Valentine Park Expansion-MVM Memo City Manager Memo Staff Memo Staff Memo IDNR letter& Notice of Use Restrictions Supporting Documentation Resolution Resolutions THE COF Dubuque DtUB E All-America City Masterpiece on the Mississippi 1 1 1 1" 2009•2012•2013•2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resource Enhancement and Protection (REAP) Grant for Valentine Park Expansion — Notice of Use Restrictions DATE: August 14, 2017 The Iowa Department of Natural Resources awarded a $140,790 Resource Enhancement and Protection (REAP) Grant to the City of Dubuque in 2016 for the Valentine Park Expansion — Land Acquisition Project. This project involved the City's purchase of eight acres located at 730 Cody Drive from George and Dorothy Roepsch. The Iowa Department of Natural Resource is requesting the City of Dubuque record a Notice of Use Restrictions for this property. Planning Services Manager Laura Carstens recommends City Council approval of a resolution agreeing to the terms of the Notice of Use Restrictions from the Iowa Department of Natural Resources for the Valentine Park Expansion — Roepsch Property. I 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 Teri Goodmann, Assistant City Manager Laura Carstens, Planning Services Manager THE CrrY7OFF Dubuque D V L E all-a�mericaaC�ity Masterpiece on the Mississippi 11 I I L r TO: Michael C. Van Milligan, City Manager FROM: Laura Carstens, Planning Services Manager`cam SUBJECT: REAP Grant for Valentine Park Expansion — Notice of Use Restrictions DATE: August 11, 2017 INTRODUCTION This memorandum transmits a request from the Iowa Department of Natural Resources (IDNR) for recording a Notice of Use Restrictions regarding the Resource Enhancement and Protection (REAP) Grant Agreement# 17-R4-ED for Valentine Park Expansion — Roepsch Property between the City and the IDNR. A resolution and map also are enclosed. DISCUSSION The IDNR awarded a $140,790.00 REAP grant to the City of Dubuque in 2016 for the Valentine Park Expansion — Land Acquisition Project. This project involved the City's purchase of 8 acres located at 730 Cody Drive in Dubuque from George and Dorothy Roepsch, 715 Cody Drive. The Roepsch property adjoined Valentine Park on the east. The acquisition of the Roepsch property allowed the City to expand this neighborhood park from 11 acres to 19 acres. On July 18, 2016, the Dubuque City Council authorized by Resolution the purchase of 730 Cody Drive for$169,966 and acceptance of the deed for property owned by George and Dorothy Roepsch for expansion of Valentine Park. The closing was held on October 1, 2016 at the sellers' request. City payments of$80,000.00 on December 28, 2016 and $91,000.00 on January 25, 2017 were made to George E. Roepsch for a total price of$171,000.00. Only 10 of the City of Dubuque's 50 parks contain 20 acres or more. This acquisition makes for an 11'h park that is just shy of the 20 acres. In the City, 34 parks are less than 10 acres while 26 are 3 acres or less. Dubuque's park system is largely small neighborhood parks and mini parks. The opportunity to expand a current neighborhood park seldom comes along. Beneficial impacts on economic, cultural, aesthetic and quality of life are anticipated with the creation of additional, accessible public open space with the expansion of Valentine Park with purchase of the 8-acre Roepsch property made possible by REAP funds. RECOMMENDATION I recommend the City Council approve the resolution agreeing to the terms of the Notice of Use Restrictions for the Valentine Park Expansion — Roepsch Property, and authorizing the City Clerk to record the Notice of Use Restrictions with the Dubuque County Recorder. Enclosures cc: Marie Ware, Leisure Services Manager 1 DEPARTMENT OF NATURAL RESOURCES GOVERNOR KIM REYNOLDS ® LT.GOVERNOR ADAM GREGG DIRECTOR CHUCK GIPP ' August 4, 2017 D LAURA CARSTENS D CITY OF DUBUQUE AUG 1 0 2017 50 W. 13TH STREET DUBUQUE,IA 52001 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT Subject: Notice of Use Restriction Project: 417-R4-ED,VALENTINE PARK EXPANSION-ROEPSCH PROPERTY CITY OF DUBUQUE, DUBUQUE COUNTY, IA Dear LAURA CARSTENS: Enclosed please find a Notice of Use Restriction document with a legal description attached, for your Resource Enhancement&Protection Fund project identified above. Per your signed agreement,carefully review the legal description for accuracy and then record the enclosed notarized document with your county recorder. Keep a copy of the recorded document for your files and return a copy to my attention. Your final payment will be processed upon receiving a copy of your recorded Notice of Use Restriction. a you have any questions please contact me at 515-725-8213. Sin'cerrely, Jam.. 0 ' kp-mcl— Kathleen Moench Budget and Finance Bureau Enclosure WALLACE BUILDING, 502 E 9T"ST, DES MOINES IA 50319 Phone:515-725-8200 www.lowaDNR.eov Fax:515-725-8201 Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 RESOLUTION NO. 298-17 RESOLUTION APPROVING THE NOTICE OF USE RESTRICTIONS RELATED TO REAP GRANT AGREEMENT # 17 -R4 -ED FOR VALENTINE PARK EXPANSION — ROEPSCH PROPERTY Whereas, the Iowa Department of Natural Resources (IDNR) provided the City of Dubuque with a Resource Enhancement and Protection (REAP) grant of $140,790.00 for acquisition of Valentine Park Expansion — Roepsch Property; and Whereas, the City of Dubuque agreed to abide by all local, state and federal requirements applicable to REAP Grant Agreement # 17 -R4 -ED for said project; and Whereas, said REAP grant agreement requires that the City of Dubuque maintain said project for its designated public use in perpetuity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby agrees to the terms of the Notice of Use Restrictions provided by the IDNR regarding REAP Grant Agreement # 17 -R4 -ED for the Valentine Park Expansion — Roepsch Property legally described as Lot 1 of Roepsch Place No. 2, in the City of Dubuque, Dubuque County, Iowa. Section 2. The City Clerk hereby is authorized to record said Notice of Use Restrictions with the Dubuque County Recorder. Passed, approved and adopted this 21st day of August, 2017 Attest: Kevi`S. Firnstahl, City Clerk Roy D. Buol, Mayor m 11 1111 111 11 YIIII 11 111 11 Doc ID. 008695060004 Type: GEN Kind: NOTICE Recorded: 08/25/2017 at 02:02:35 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder Fi1e2017-000 106 11 Prepared By: Kathleen Moench, IDNR, Wallace State Office Bldg., Des Moines, Ia 50319 515-725-8213 When Recorded Return a Copy to: IDNR, Wallace State Office Bldg., Des Moines Ia 50319 NOTICE OF USE RESTRICTIONS IMPOSED BY STATE ADMINISTRATIVE RULE ON CERTAIN REAL ESTATE Notice is hereby given that on 12/30/2016, an agreement was made between the Iowa Department of Natural Resources and the CITY OF DUBUQUE to provide state funds for the acquisition or development of real estate legally described as: DESCRIPTION: #17 -R4 -ED, VALENTINE PARK EXPANSION - ROEPSCH PROPERTY, CITY OF DUBUQUE, DUBUQUE COUNTYCITY OF DUBUQUE, IA (See Legal Description Attached) The state funds provided by the above-mentioned agreement were appropriated pursuant to the Iowa Resources and Enhancement, Chapter 455A, Code of Iowa and administered pursuant to the Resource Enhancement and Protection Program Chapter 33, Iowa Administrative Code. Land Acquired. Whenever land is acquired with resource enhancement and protection fund assistance, that land shall in perpetuity remain in public use for the purposes cited in the grant agreement between the department of natural resources and the CITY OF DUBUQUE. No property acquired with this fund assistance shall be converted to purposes other than as described in the agreement and further specified in the grant application without approval of the director of the department of natural resources. However, if the department, or the CITY OF DUBUQUE determines the land acquired is no longer of value for program purposes, or the grantee can show good cause why the land should no longer be used in accordance with the approved project purposes, the land may be disposed of with the department of natural resources director's approval and the proceeds used to acquire an area of equal economic value, or all of the original grant funds shall be returned to the state for inclusion in the account from which the grant was originally made. The notice will be filed by the CITY OF DUBUQUE, DUBUQUE COUTNY, IA in the office the Recorder of the county in which the subject real estate is located. (lni i -Th By: Date Title: Deputy Director (&)C IOWA DEPARTMENT OF NATURAL RESOURCES State Capitol Complex Des Moines, Iowa 50319-0034 Print Name STATE_ OF IOWA,POLK COUNTY:_This_ instrument wasacknowledged_ before xne on the day of A , 20 (7, by the Deputy Director of the Iowa Department of Natural Resources. i)l�i 4 NOTARY PUBLIt1&FOR THE STATE OF IOWA KAREN FYNAARDT Fd NO. 198249 WW- COfvf' 1 ES j JANUARYSI3r ?inkk Legal Description Property: 17 -R4 -ED, VALENTINE PARK EXPANSION - ROEPSCH PROPERTY CITY OF DUBUQUE, DUBUQUE COUNTY, IA Lot 1 of Roepsch Place No. 2, in the City of Dubuque, Dubuque County, Iowa. Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 RESOLUTION NO. 298-17 RESOLUTION APPROVING THE NOTICE OF USE RESTRICTIONS RELATED TO REAP GRANT AGREEMENT # 17 -R4 -ED FOR VALENTINE PARK EXPANSION — ROEPSCH PROPERTY Whereas, the Iowa Department of Natural Resources (IDNR) provided the City of Dubuque with a Resource Enhancement and Protection (REAP) grant of $140,790.00 for acquisition of Valentine Park Expansion — Roepsch Property; and Whereas, the City of Dubuque agreed to abide by all local, state and federal requirements applicable to REAP Grant Agreement # 17 -R4 -ED for said project; and Whereas, said REAP grant agreement requires that the City of Dubuque maintain said project for its designated public use in perpetuity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby agrees to the terms of the Notice of Use Restrictions provided by the IDNR regarding REAP Grant Agreement # 17 -R4 -ED for the Valentine Park Expansion — Roepsch Property legally described as Lot 1 of Roepsch Place No. 2, in the City of Dubuque, Dubuque County, Iowa. Section 2. The City Clerk hereby is authorized to record said Notice of Use Restrictions with the Dubuque County Recorder. Passed, approved and adopted this 21st day of August, 2017 Attest: Kevi`S. Firnstahl, City Clerk Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 298-17 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 22nd day of August, 2017. Kevin S/Fimstahl, tMC,tity Clerk