Bee Branch Railroad Culverts Project_Easement E. 16th St. Copyrighted
August 6, 2018
City of Dubuque Consent Items # 36.
ITEM TITLE: Bee Branch Railroad Culverts Project- Purchase of
Permanent and Temporary Easements on E. 16th Street
SUMMARY: City Manager recommending that the City Council establish
the fair market value of a permanent easement and
temporary easements at E. 16th Street, owned by HWY
151 & 61 Development, LLC, at the appraised value for the
permanent easement and $63,250 for the temporary
easement, and authorize the City Manager to begin
negotiations to acquire the easements required 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 of
easements through certain real property owned by Hwy 151
& 61 Development, LLC. in the City of Dubuque, lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Bee Branch Railroad Cul�rts-Easements at E. 16th City Manager Memo
Street-NNM Memo
Staff Memo Staff Memo
Resolution UPDATED Resolutions
Permanent Easement E�ibit A Supporting Documentation
Temporary Easement E�ibit B Supporting Documentation
THE CITY OF Dubuque
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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 Permanent and
Temporary Easements at E. 16�h Street
DATE: July 31 , 2018
City Engineer Gus Psihoyos recommends the City Council establish the fair market
value of a permanent easement and temporary easements at E. 16�h Street legally
described as Lot 2 Riverview Plaza No. 3, owned by HWY 151 & 61 Development, LLC,
at the appraised value of$123,000, and authorize the City Manager to begin
negotiations to acquire the easements required 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 �
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Masterpiece on tlie Mississippi �
2007•2072•2013•201;
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer �
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SUBJECT: Bee Branch Railroad Culverts Project, Purchase of Permanent and
Temporary Easements on E. 16th Street
DATE: July 31, 2018
INTRODUCTION
The purpose of this memo is to establish the fair market value of a permanent easement
and a temporary easement at the E 16t" Street property legally described as Lot 2
Riverview Plaza No. 3 and seek authorization for the City Manager to begin negotiations
to acquire the easements required 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.
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 permanent easement and a temporary
easement at the E. 16t" Street property legally described as Lot 2 Riverview Plaza No.
3, owned by HWY 151 & 61 Development, LLC. The permanent easement (see
Page 1 of 2
attacned Permaneni Easement Exhibit A) is an egress �as�rr���i� ifiai wiil ���vid� iuture
access to the proposed railroad culvert improvements. The temporary easement (see
attached Temporary Easement Exhibit B) will provide access to the site of the proposed
railroad culvert improvements from E. 16th Street. It will also provide additional space
required during construction of the improvements for contractor staging and material
storage. The value of the easements was appraised at $123,000.00.
RECOMMENDATION
I recommend that the City establish the fair market value of the easements through the
E 16th Street property legally described as Lot 2 of Riverview Plaza No. 3 at the
appraised value and that the City Manager begin negotiations with the property owner.
Should negotiations fail, I recommend that the City acquire the easements 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 easements described in Permanent
Easement Exhibit A and in Temporary Easement Exhibit B and authorizing the
City Manager to commence negotiations to acquire the easements; and
(2) Authorizing the City Manager to acquire the easements 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\HWY151&61 Development\memo,Bee
Branch Railroad Culverts,set fair market value, HWY151&61 prop on 16th Street,7-23-18.doc
Page 2 of 2
Prepared by Steve Sampson Brown, Project 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. 228-18
ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION BY
EMINENT DOMAIN OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY
HWY 151 & 61 DEVELOPMENT, LLC. IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain permanent and temporary
easements (the Easements) through real property owned by HWY 151 & 61 Development,
LLC, (Owner), at East 16th Street property legally described as Lot 2 Riverview Plaza No. 3;
and described in Permanent Easement Exhibit A and Permanent Easement Exhibit B 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 Easements before proceeding with condemnation; and
Whereas, City has caused an appraisal of the Easements to be made and the appraised
value of the Easements is $123,000.00; 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 property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The fair market value of the Easements is hereby established to be $123,000.00.
Section 2. The City Manager is hereby authorized to commence negotiations with the
Owner of the Easements and any other interested parties for the purchase of the Property for a
purchase price which is not less than the fair market value established by this resolution.
Section 3. The City Manager is hereby authorized to commence proceedings for the
acquisition of the Easements by eminent domain should negotiations fail.
Passed, approved and adopted this 6th day of August 2018.
Attest:
Kevin (Firnstahl, ity Clerk
Roy D. Buol, Mayor
PERMANENT EASEMENT EXHIBIT A
A PERMANENT EASEMENT ACROSS LOT 2 OF RIVERVIEW PLAZA N0. 3 /
IN THE CITY OF DUBUQUE, IOWA ' � SOUTH LINE
Q�R� � OF LOT C
R - %
� ���RO ER �P PR� � � �2 \
�/ � ER J �R�p, � 1� .
� LEGEND /\N66'28'33"E N� S /�����LOTSC, KERPER
a NOFITH - - - - LOT LINE � � 43•44� � ' S INDUSTRIAL PARK
" GRAPHIC SCA�E / ' POINT OF
N'° — � � — � � — EASEMENT LINE COMMENCEMENT
o so �oo � EASEMENT AREA � � OF ��QPR� � �.3 BEGINN NG
" �„ = 50' ����S��P�- � ,y�"E, � �o
� DRAWING MAY HAVE BEEN REDUCED \NO / / N2`L��q�$52�ryN o�
o _ �
m pF ��PR`� � � „� ?1y�,�.
o �o�J5�\P�P N66 29 p1 . �
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z CONCRETE WALL / k�� � 66�9' �,Z
� �\ AND FENCE \> � �6 Sp,. `\y�.` 5 119'
� �R � � 20•`L �'.
� FzQ EP• ��y�
a o� � �\P Q p,R� �� �Z <3 PR \�
" N�US 629��„� / • 1''���0� NUMBER DIRECTION DISTANCE
d
� N6 8�6 5�` °��� L1 52330'59"E 2.00'
L2 N66'29'01"E 66.67'
r �p��� � S88'53'00"W NO• � L3 S58'36'05"E 22.85'
� N54'4 50.01' ��$61$�� �0�"� 83.01' � Q�-P�P L5 N48'37'00"E 2 350,
w C RNER � 5666069 F R��R�� L6 N1333�57"W 33.92�
d LOT 2 „� 2 O
RIVERVIEW L5 g0�, Yj'. �p�
N0.3 A `�yg 6 98
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J S54'44�48"W 47.43' � � "�°""�°'°��
NOTE �����ENo�N�R�No
CONBTRVCTIONBERVICEB
PROPRIETOR: HWY 151 & 61 DEVELOPMENT LLC THIS SURVEY IS SUBJECT TO E"°'R°"ME"`ALEN61NEER1N6
S48'37'00"W 16.57' PREPARED FOR: CITY OF DUBUQUE ���SVRVEY1N6
\ EASEMENTS, RESERVATIONS, M���=�PA�E����EEw��
O,� ���� DAIE PREPARED: JANUARY 17, 2016 RESTRIC110NS AND RIGHTS—OF—WAY INTEGRI7Y.IXPERTISESOLUTION3 �R°°'°�"�E"�'"EER'"�
RANBPOR�ATION ENOINEERIN
�. \�R EAST LINE EASEMENT AREA: 20,256 SQ. FT. +/— OF RECORD AND NOT OF RECORD. oRawN ��e P�nT No. s-in-,s
Q�PtiP OF LOT 1 REVISED: 1-24-18 JJB oATOKEo 1��fi-,e sHOETNo. o6,29
c:�os��sa�ise—oz�oenwiNcs�suR�osise P�nTiNUM
PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE �UBUQUE, IOWA 563 556-2464
PERMANENT EASEMENT EXHIBIT A
A PERMANENT EASEMENT ACROSS LOT 2 OF RIVERVIEW
PLAZA N0. 3, IN THE CITY OF DUBUQUE, IOWA
LEGAL DESCRIPTION
A permanent easement located across part of Lot 2 of Riverview Plaza No. 3 in the
City of Dubuque, lowa, more particularly described as follows;
Commencing at the Southeast Corner of Lot C of Kerper Industrial Park;
Thence South 66 degrees 28 minutes 33 seconds West along the South line of said Lot
C, 141.42 feet to the Point of Beginning;
Thence South 22 degrees 47 minutes 51 seconds West, 91.96 feet;
Thence South 66 degrees 29 minutes 01 seconds West, 179.22 feet;
Thence South 47 degrees 15 minutes 39 seconds West, 90.00 feet;
Thence South 88 degrees 53 minutes 00 seconds West, 83.01 feet;
Thence South 66 degrees 29 minutes 01 seconds West, 80.69 feet;
Thence South 58 degrees 28 minutes 07 seconds West, 63.98 feet;
Thence South 54 degrees 44 minutes 48 seconds West, 47.43 feet;
Thence South 48 degrees 37 minutes 00 seconds West, 16.57 feet to the East line of
Lot 1 Rivervlew Plaza;
Thence North 13 degrees 33 minutes 57 seconds West along the East line of said Lot 1,
33.92 feet to the Northwest Corner of Lot 2 Riverview Plaza No. 3;
Thence North 48 degrees 37 minutes 00 seconds East, 2.35 feet;
Thence North 54 degrees 44 minutes 48 seconds East, 50.01 feet;
Thence North 58 degrees 28 minutes 07 seconds East, 67.06 feet;
Thence North 66 degrees 29 minutes 01 seconds East, 87.64 feet;
Thence South 23 degrees 30 minutes 59 seconds East, 2.00 feet;
Thence North 66 degrees 29 minutes 01 seconds East, 66.67 feet;
Thence South 58 degrees 36 minutes 05 seconds East, 2 2 85 feet;
Thence North 33 degrees 26 minutes 38 seconds East, 34.30 feet;
Thence North 66 degrees 29 minutes 01 seconds East, 215.51 feet;
Thence North 22 degrees 47 minutes 51 seconds East, 48.52 feet to the South line of
Lot C of Kerper Industrial Park;
Thence North 66 degrees 28 minutes 33 seconds East along said South line 43.44 feet
to the Point of Beginning.
Containing 2Q256 square feet, more or less, and subject to easements, reservations,
restrictions, and right—of—way record and not of record.
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CONBTRVCTIONBER/ICEB
I I � EM/IRONMEMALENOINEEWNO
IAN�BVRVEYINO
PROPRIETOR: HWY 151 & 61 DEVELOPMENT LLC M°"�°`"`E"°�"EER�"°
IMEGNI7Y.IXPEKIISE.SOLUIIONS sraocroaa�emoweewmo
PREPARED FOR: CITY OF DUBUQUE R""s'°`�""°"E"�'"EER'"
DATE PREPARED: JANUARY 17, 2016 Q,ssPENNs ��AN,AA�E � o�a�o�E,,owAszooz
EASEMENT AREA: 20,260 SQ. FT. +/— oRnwN ��e P�nT No. 3—in—,s
CHECKED CLG PROJ. N0. 06169
REVISED• 1-24-18 JJB onTE t-te-ta snEET z or z
� P:\O6\169\169-02\DRAWINGS\SOR\06169 PLATINUM
PREPARED BY: IIW, P.C. 4�55 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464
TEMPORARY EASEMENT EXHIBIT B
TEMPORARY EASEMENT ACROSS PART OF LOT 1 IN
RIVERVIEW PLAZA N0. 2 AND PART OF LOT 2 IN RIVERVIEW
/ PLAZA N0. 3 IN THE CITY OF DUBUQE, IOWA
/ NSS'53'00"E ,
/ 52.29'� o�,
\ � � ,,�h��p
\ / N66'29'01"E ��� �O� ' .
�
� N58'28�07"E 80.69 a�
63.98' �n p
� � N54'44'48"E S88'53'00"W ,��
� 47.4 ' 30.72' =ry`�N
�KI4837'00"E
/ 16.93' /,�
/ 0 � ^ ��r
di h
/ � °' • m°`� •
/
. ry � �
. �. ' N6��2��� NOATH
'" GRAPHIC SCALE
in
Z � p3 0 100 200
/ ,h�
. ^
. �y 1" — 1 OO'
/ �/ o,a ,��o �� DRAWING MAY HAVE BEEN REDUCED
/ ry� /^ry
i� ry LOT 2
i� RIVERVIEW PLAZA N0. 3
.h
�� ='h� / L=133.12'
R=253.71'
' � A=30b3'51"
L=144.85 �
R=280.00' CHORD=S16'28'24"N� �
�29'38'25" 131.60'
HO =N16'08'43"E � � /
/ 143.24' � � \ � �
LEGEND
— - - — LOT LINE \
/ -••-••- PROPOSED EASEMENT
i �' 3 � \
r ��� u�i \ \
� O � N �µ \ �
I Z ..- r-
' c�n TEMPORARY EASEMENT
55,778 SQ. FT. +/— �
LOT 1
\ N a RIVERVIEW PLAZA N0. 2 �
�: s �
I � ��� 3s \
\ � LOT AND EASEMENT AREA
•�r a
� � a� � <<` LOT 2 108,954 SQ. FT. /
� ao LOT 1 76 SQ. FT. �
Z ?P TOTAL 109,030 SQ. FT. +/— �
� � � �ii� / �0+• �
� ,
� \\ ���¢ ` . SA3 � / S�R���
� � 9 ' , �N
� S� 3o F � �PS'( �6
� \ 3 ��• � � �
,� � 90�. S66'28'30"W
� \ 9.46'
� � S66'28'30"W ��w,P� AR���,E�,��
♦ ♦ a���ENo�NEEwNo
� A � �566'28'30"W 25.35' �°�a,R°°,���aE��°Ea
EM/IRONMENTALENOINEEWNO
� 30.0�� iamoeorrvEvimo
. A mowaPa�emoweeawo
NO� INIEGNIfY.EIffEH11SE.SOLU110NS eraocroaa�emoweewmo
PROPRIETOR: HIGHWAY 151 & 61 THIS SURVEY IS SUBJECT TO ��SP��AT10NEN61NEER��
DEVELOPMENT, LLC EASEMENTS, RESERVATIONS, oRnwN saF P�nr No. -ia-,a
PREPARED FOR: CITY OF DUBUQUE RESTRICTIONS AND RIGHTS—OF—WAY �"Ea`Eo c�c PRo�. No. os,s9
DATE 3-28-18 SHEET lof 1
DATE PREPARED: 1-24-18, REV. 4-15-18 OF RECORD AND NOT OF RECORD. P:�oe��s9��e9-o��oeawiNcs�sue�osieg Hwv �si &