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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 � 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 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 � DT T� � All-AmericaCity U � � Masterpiece on tlie Mississippi � 2007•2072•2013•201; TO: Michael C. Van Milligen, City Manage FROM: Gus Psihoyos, City Engineer � � _�� 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 . � �;\\ �� ; �N� � ^ \\` ` \ � \ \�>'V� 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 � ��w,P G 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. ��w,P G AR��,E�,�� ♦ ♦ �����ENo�NE��No 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 &