The URL can be used to link to this page

Bee Branch Railroad Culverts Project_Easement at 430 Garfield Ave. Copyrighted August 6, 2018 City of Dubuque Consent Items # 35. ITEM TITLE: Bee Branch Railroad Culverts Project- Purchase of Temporary Easement at 430 Garfield Avenue SUMMARY: City Manager recommending that the City Council establish the fair market value of a temporary easements at 430 Garfield Avenue, a property owned by Robert F. Klauer, at the appraised value of$5,000, and authorize the City Manager to begin negotiations to acquire the easement needed for the Bee Branch Railroad Culverts Project (Phase 7 of the Bee Branch Watershed Flood Mitigation Project). Further authorization is sought to acquire the easements through eminent domain proceedings should negotiations fail. RESOLUTION Establishing the fair market value and authorizing the acquisition by Eminent Domain an Easement through certain real property owned by Robert F Klauer in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Bee Branch Railroad Cul�rts-Easement at 430 Garfield City Manager Memo Avenue-NNM Memo Staff Memo Staff Memo Resolution UPDATED Resolutions Temporary Easement E�ibitA Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Railroad Culverts Project, Purchase of Temporary Easement at 430 Gartield Avenue DATE: July 31 , 2018 City Engineer Gus Psihoyos recommends the City Council establish the fair market value of a temporary easements at 430 Garfield Avenue, a property owned by Robert F. Klauer, at the appraised value of$5,000, and authorize the City Manager to begin negotiations to acquire the easement needed for the Bee Branch Railroad Culverts Project (Phase 7 of the Bee Branch Watershed Flood Mitigation Project). Further authorization is sought to acquire the easements through eminent domain proceedings should negotiations fail. 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 Barry Lindahl, Senior Counsel Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF � D�- T� � All-AmericaCity � , , Masterpiece on tlie Mississippi � znm•zov•zois•xai� TO: Michael C. Van Milligen, City Mana�e � FROM: Gus Psihoyos, City Engineer ` - - SUBJECT: Bee Branch Railroad Culverts Project, Purchase of Temporary Easement at 430 Garfield Avenue DATE: July 30, 2018 INTRODUCTION The purpose of this memo is to establish the fair market value of a temporary easement at 430 Garfield Avenue and seek authorization for the City Manager to begin negotiations to acquire the easement needed for the Bee Branch Railroad Culverts Project (Phase 7 of the Bee Branch Watershed Flood Mitigation Project). Further authorization is sought to acquire the easement through eminent domain proceedings should negotiations fail. 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 September of 2013, the City Council adopted Resolution 291-13 amending the alignment of the Bee Branch Creek Restoration Project in the vicinity of Garfield Avenue. The adopted alignment crosses 430 GarField Avenue, 506 Garfield Avenue, and 525 E. 19th Street. DISCUSSION The City commissioned an appraisal of a temporary easement (the Easement) at 430 Garfield Avenue, property owned by Robert F. Klauer. The Easement (see attached Temporary Easement Exhibit A) will provide access to the site of the proposed railroad culvert improvements from GarField Avenue. It will also provide additional space Page 1 of 2 required during construction ot "the improvemenis ror contracior siaging and maieriai storage. The value of the Easement was appraised at $5,000.00. RECOMMENDATION I recommend that the City establish the fair market value of the Easement through 430 Garfield Avenue at the appraised value and that the City Manager begin negotiations with the property owner. Should negotiations fail, I further recommend that the City acquire the Easement through eminent domain proceedings. ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution: (1) Establishing the fair market value of the property described in Temporary Easement Exhibit A and authorizing the City Manager to commence negotiations to acquire the Easement; and (2) Authorizing the City Manager to acquire the Easement through eminent domain if negotiations fail. Prepared by Deron Muehring, Civil Engineer cc: Crenna Brumwell, City Attorney Barry Lindahl, Senior Corporation Counsel Jenny Larson, Budget Director Steve Sampson Brown, Project Manager Deron Muehring, Civil Engineer Attach. F:\PROJECTS\Storm\Bee Branch Railroad Culverts\City Council\Property Acquisitions\Klauer\2018 Page 2 of 2 Prepared by Steve Sampson Brown, Protect Manager, 50 W. 13th St., Dubuque, IA 52001, 563-589-4272 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 227-18 ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN AN EASEMENT THROUGH CERTAIN REAL PROPERTY OWNED BY ROBERT F KLAUER IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire a temporary easement through certain real property owned by Robert F. Klauer (Owner), at 430 Garfield Avenue as shown on Temporary Easement Exhibit A (the Easement) attached hereto for the purpose -of constructing, operating, and maintaining the Bee Branch Railroad Culverts, a stormwater management project; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Easement before proceeding with condemnation; and Whereas, City has caused an appraisal of the_ Easement to be made and the appraised value .of the easement is $5,000.00; and Whereas there is a reasonable expectation that the City will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits; and Whereas, the City Council now desires to establish the fair market value of the Easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The fair market value of the Easement is hereby established to be $5,000.00. 2. The City Manager is hereby authorized to commence negotiations with the Owner of the Easement and any other interested parties for the purchase of the Easement for a purchase price which is not Tess than the fair market value established by this resolution. 3. The City Manager is hereby authorized to commence proceedings for the acquisition of the Easement by eminent domain should negotiations fail. Passed, approved and adopted this 6th day of August 2018 Attest: Kevi r' S. FirnstalFl, Citytlerk Roy D. Buol, Mayor � TEMPORARY EASEMENT EXHIBIT A NOATH TEMPORARY EASEMENT ACROSS PART OF LOT 1 OF BEE BRANCH GRAPHIC SCALE SUBDIVISION N0. 11 IN THE CITY OF DUBUQUE, IOWA 0 30 60 / \ �o� �o �" = 30' � �,� DRAWING MAY HAVE BEEN REDUCED \ LEGEND — LOT LINE � — APPROXIMATE EDGE STORM � p`�1 SEWER � 6p � �I � � � � � � � BUILDING LINE ` � � � � FOUND DRILL HOLE \ � " �c.' � FD 5/8" IRON REBAR WITH O p' I� �i�A� \�,�� k6 , � RED PLASTIC CAP N0. 20999 3 ��4\' \u; �,o� �p'I / / ° � s �,�. / Gp, �"' � / a � � �� m �t� [t1� / '� � � �� -��,1� / Q \ ,� `L �pS�G�1 /� � �6 a � �O�F,0 �O. `l �,p'( �0� / Q 6 Jg0 � pn�, / > \ ; LOT 1 ,� � g w �6�• �'pL 1p� � d � / � a \ TEMPORARY EASEMENT `r \ � s�� oT � � 3,995 SQ. FT. +/— j � �o� 3 � � � °' °'� \ oW � C� � � �� \ NN � QQ m \ � � � S14'47'48"E i � _ � N24'10'16"W 15.77'� � �� 22.59 (23.0 ) i , O � \ \ � BEE BR SE`1'�ER � � �� / StoRM / / � \ „W �24.63� � � � ��0 � �5�774�3� i SW CORNER LOT 1 � ��.� �� BEE BRANCH SUBD. � � ♦ AR°��oE��REo CONBTRVCTION BERVICEB EM/IRONMEMALENOINEERINO � �� U: / ��j��'� NOTE umoeorrvEvimo / � �O� �06 mowaPa�emoweEawo , ��, THIS SURVEY IS SUBJECT TO IHIEGRfIY.IXPERTISESOLUTIONS s'R�°'��"�E"�'"EER'"� � EASEMENTS, RESERVATIONS, �NaP��Ar��NEN��NEER�N� �� RESTRICTIONS AND PROPRIETOR: ROBERT KLAUER � �o� 1op \ PREPARED FOR: CITY OF DUBUQUE orznwN snF P�nT No. ,-ia-,e � RIGHTS—OF—WAY OF RECORD cHECKEo ��e PRo�. No. oe,ee-oz ��- AND NOT OF RECORD. DATE PREPARED: JANUARY 24, 2018 oarE ,-n-,a sHEEr , or , P:�os�iss�iss-oz�oRnwiNcs�suR�osise K�nuER