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
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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
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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