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US 20 Bridge IDOT ROWMEMORANDUM September 10, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Iowa Department of Transportation Agreement for Right-of-Way Acquisition for Construction of A New US 20 Bridge Crossing Public Works Director Mike Koch recommends execution of the agreement between the City of Dubuque and the Iowa Department of Transportation (IDOT) for right-of-way acquisition for the construction of a new US 20 bridge crossing of the Mississippi River between the City of Dubuque and East Dubuque, Illinois. The agreement provides that IDOT acquire all rights-of-way for construction of the bridge and the bridge approaches. The City agrees to accept ownership of any right-of- way acquired by IDOT for the construction or connection of any City street to the proposed highway. The City will be responsible for providing, at no cost to IDOT, any needed right-of-way that is currently owned by the City, except parkland and except for the value of improvements situated on any such City-owned property. I concur with the recommendation and respectfully request Mayor and City Council approval. _____________________ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director TO:Michael C. Van Milligen, City Manager FROM:Michael A. Koch, Public Works Director SUBJECT:Iowa Department of Transportation Agreement for Right-Of-Way Acquisition for Construction of A New US 20 Bridge Crossing CITY OF DUBUQUE, IOWA MEMORANDUM September 9, 2002 INTRODUCTION Enclosed is a proposed agreement between the City of Dubuque and the Iowa Department of Transportation (IDOT) for right-of-way acquisition for the construction of a new US 20 bridge crossing of the Mississippi River between the City of Dubuque and East Dubuque, Illinois. DISCUSSION The agreement provides that IDOT acquire all rights-of-way for construction of the bridge and the bridge approaches. The City agrees to accept ownership of any right-of-way acquired by IDOT for the construction or connection of any City street to the proposed highway. The City will be responsible for providing at no cost to IDOT, any needed right-of- way that is currently owned by the City, except parkland and except for the value of improvements situated on any such City-owned property. The above conditions have been the standard for all previous IDOT highway projects through the City such as US 61/151 and US 20. RECOMMENDATION I would recommend that the City Council approve the proposed agreement between the City of Dubuque and IDOT for the right-of-way acquisition for construction of the new US 20 bridge crossing the Mississippi River between Dubuque, Iowa, and East Dubuque, Illinois. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the Mayor to execute two copies of the agreement. MAK/vjd cc: Pauline Joyce, Administrative Services Manager RESOLUTION NO. 478-02 RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR RIGHT-OF-WAY ACQUISITION FOR THE CONSTRUCTION OF A NEW US 20 BRIDGE CROSSING THE MISSISSIPPI RIVER BETWEEN DUBUQUE, IOWA AND EAST DUBUQUE, ILLINOIS Whereas, the City agrees that the Iowa Department of Transportation shall acquire right-of-way for the construction of a new US 20 bridge crossing the Mississippi River, between the Cities of Dubuque, Iowa, and East Dubuque, Illinois; and Whereas, the Iowa Department of Transportation has prepared a cooperative agreement between the City of Dubuque and the Iowa Department of Transportation outlining the process for right-of-way acquisition of the US 20 bridge crossing between the Cities of Dubuque, Iowa, and East Dubuque, Illinois; and Whereas, the City Council of the City of Dubuque approves of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the agreement between the City of Dubuque and the Iowa Department of Transportation for the right-of-acquisition for construction of the US 20 bridge crossing between the Cities of Dubuque, iowa, and East Dubuque, Illinois be and is hereby approved. Section 2. That the Mayor be authorized and directed to execute two copies of the agreement between the City of Dubuque and the Iowa Department of Transportation. 2002. Attest: Passed, approved and adopted this 16th day of September, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Ter/a~ce M. Dug.~or e F. Schneider, CMC, City Clerk Iowa Department of Transportation District 6 Office 319-364-0235 430 Sixteenth Avenue SW FAX: 319-364-9614 P.O. Box 3150, Cedar Rapids. IA 52406-3150 August 9, 2002 Ref: BRF-20-9(149)--38-31 Dubuque County City of Dubuque Agreement 2003 - 1-026 Michael A. Koch, P.E. Public Works Director/City Engineer 50 West 13th Street Dubuque, IA 52001-4845 SUBJECT: Right of Way Agreement - New U.S. 20 Mississippi River Bridge Dear Ivlike: Attached are two (2) copies of an agreement between the City of Dubuque and the Iowa Department of Transportation for the above referenced prooiect. The agreement outlines the Iowa DOT process for acquiring right of way for construction of a new U.S. 20 bridge crossing the Mississippi River between Dubuque, Iowa and East Dubuque, Illinois. Please secure the necessary approvals and signatures of the appropriate city officials and return both signed copies of the agreement to this office for further processing. An original of the fully executed agreement will be forwarded to the city after final signature by our department. If you have any questions concerning this agreement, please contact me at the above listed phone number. Very truly yours, Richard E. Kautz, P.E. District Engineer REK/jh Attachment STAFF ACTION: RIGHT OF WAY AGREEMENT FOR CITY STREET RELOCATIONS AND/OR RECONSTRUCTION County Dubuque City Dubuque Project No. BRF-20-9(149)~38-31 Agreement No. 2003-1-026 This Agreement is between the City of Dubuque hereinafter designated the "CITY", and the Iowa Department of Transportation, Highway Division, hereinafter designated the "DOT" and in accordance with Iowa Code Sections 28E.12 and 306A.7. The CITY hereby agrees that the DOT shall acquire rights of way for construction of a new U.S. 20 bridge crossing, of the Mississippi River, between the Cities of Dubuque, Iowa and East Dubuque, Illinois. The CITY hereby agrees that said right of way be acquired and paid for by the DOT and said acquisition shall be carded out in the following manner: In connection with this project, any real estate and easements necessary for right of way to construct the connection of any city street or alley on a primary highway relocation or reconstruction project, as well as any recreational trail, access road or frontage road rights of way, if any, which are or shall be under the jurisdiction of the CITY, may be acquired by the DOT, for and in the name of the CITY. Where acquired by contract, the CITY shall receive and agrees to accept title from the contract seller. Where condemnation proceedings are necessary, a single joint condemnation proceeding shall be instituted by the DOT to acquire necessary property rights for the CITY and DOT. Also as part of this project, the CiTY shall be responsible for providing, withont cost to the DOT, any right of way for the project which involves dedicated streets or alleys, and any other city-owned lands, except park land, which are required for the project subject to the o o 2 condition that the DOT shall reimburse the CITY for the value of improvements situated on such other city-owned lands. The CITY has apprised itself of the value of these lands, and as a portion of their participation in the project, voluntarily agrees to make such lands available without further compensation. The DOT shall be responsible for acquisition of all other right of way. Access rights may be acquired by the DOT along all city street intersections within the project limits. Access rights, if acquired, will be in the name of the State of Iowa. The acquisition of access rights will be in accordance with 761 Iowa Administrative Code Chapter 112.11 (8) and the 2002 DOT Access Control regulations. If the CITY feels that it is in the best interest of the parties involved to modify the access rights in any way, they may petition the DOT District 6 Engineer to do so. This Agreement may be executed in two counterparts, each of which so executed shall be deemed to be an original and both shall constitute but one and the same instrument. IN WITNESS WItEREOF, each of the parties hereto has executed Agreement No. 2003-1-026 as of the date shown opposite its signature below: CITY OF DUBUQUE: By: Date ,200 Title: Mayor of the CITY was duly Signed City Clerk of Dubuque, Iowa , certify that I am the Clerk of the CITY, and , who signed said Agreement for and on behalf authorized to execute the same on the ., 200 day of IOWA DEPARTMENT OF TRANSPORTATION: By: Date ,200 Richard Kautz District Engineer District 6.