The URL can be used to link to this page

Bee Branch Railroad Culverts Project - 525 E. 19th St. Copyrighted August 6, 2018 City of Dubuque Consent Items # 37. ITEM TITLE: Bee Branch Railroad Culverts Project- Purchase of Permanent and Temporary Easements at 525 E. 19th St SUMMARY: City Manager recommending that the City Council establish the fair market value of a permanent easement and temporary easement at 525 E. 19th Street, a property owned by B&M Properties & Storage, LLC, at the appraised value of $43,050, 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 B&M Properties & Storage, 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 525 E. City Manager Memo 19th Street-NNM Memo Staff Memo Staff Memo Resolution UPDATED Resolutions Permanent Easement E�ibit A Supporting Documentation Temporary Easement E�ibit B Supporting Documentation Temporary Easement E�ibit C 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 525 E. 19�h Street DATE: July 31 , 2018 City Engineer Gus Psihoyos recommends the City Council establish the fair market value of a permanent easement and a temporary easement at 525 E. 19�h Street, a property owned by B&M Properties & Storage, LLC, at the appraised value of$35,000, and authorize the City Manager to begin negotiations to acquire the easements 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 � DT T� � All-America CitY U � � Masterpiece on tlie Mississippi y zam•zoiz•zuis•zov TO: Michael C. Van Milligen, City Manager -� ---- (� ,�..�-�' FROM: Gus Psihoyos, City Engineer �:�� , �„ SUBJECT: Bee Branch Railroad Culverts Project, Purchase of Permanent and Temporary Easements at 525 E. 19t" Street DATE: July 30, 2018 INTRODUCTION The purpose of this memo is to establish the fair market value of a permanent easement and a temporary easement at 525 E. 19th Street and seek authorization for the City Manager to begin negotiations to acquire the easements 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. 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 two temporary easements at 525 E. 19t" Street, property owned by B&M Properties & Storage, LLC. The permanent easement (see attached Permanent Easement Exhibit A) is for the purpose of constructing and maintaining underground storm sewer facilities. The first Page 1 of 2 temporary easement (see attached Temporary Easement Exhibit B) is for access through the property during construction of the improvements. The second temporary easement (see attached Permanent Easement Exhibit C) is to allow for the use of an underground tie-back system to support trench excavation. The value of the easements was appraised at $35,000.00. RECOMMENDATION I recommend that the City establish the fair market value of the permanent easement described in Permanent Easement Exhibit A and the two temporary easements described in Temporary Easement Exhibit B and Temporary Easement Exhibit C 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 property described in Permanent Easement Exhibit A and the two temporary easements described in Temporary Easement Exhibit B and Temporary Easement Exhibit C and authorizing the City Manager to commence negotiations to acquire the property; and (2) Authorizing the City Manager to acquire the property 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\B&M Properties I! Page 2 of 2 Prepared by Steve Sampson Brown, Project Manager, 50 W. 13°' 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. 229-18 ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY B&M PROPERTIES & STORAGE, LLC IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire permanent and temporary easements (the Property) through certain real property owned by B&M Properties & Storage, LLC (Owner), at 525 E. 19th Street as shown on Permanent Easement Exhibit A, Temporary Easement Exhibit B, and Temporary Easement Exhibit C 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 $35,000.00; 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 easements shown in Permanent Easement Exhibit A, Temporary Easement Exhibit B, and Temporary Easement Exhibit C (the Easements). 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 $35,000.00. 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 Easements 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, City Clerk 6/2 Roy D. Buol, Mayor PERMANENT EASEMENT EXHIBIT A PERMANENT EASEMENT ACROSS PART OF LOT 5-2-2-2 OF MINERAL LOT 106 IN THE CITY OF DUBUQUE, IOWA , SE. ORNER `L �� L ° �-°� ��P�� 1 ! � BRANCH " gS� � ! 6,gg"E . N0. 11 � 0 � '� p,�� ' Nj744A0� � P.O.B. SOUTH LINE OF o� g� � � S W C O R N E R BEE BRANCH 0E�o�� ,4�' ` � � LOT 1 SUB. N0. 11 5 �g�" �� / NORTH BEE BRANCH �' • � SUB. N0. 11 � GRAPHIC SCALE ° PERMANENT �� 0 30 60 w � 2 EASEMENT �y� a WEST LINE OF N24'10�16"W .. � , / � � � 8,690 SQ. '�• �Q v � m LOT 5-2-2—� 25.00' ' . � .� FL +�— °3 a �� 1" = 30' � OF MOT RO6 / ' � / • �' �� =�Q� DRAWING MAY HAVE BEEN REDUCED Q � • • ��ti-ti `� �, c��Q�Q � � / \ EXISTING �-o� 106 '�` �� TOTAL EASEMENT 8,690 SQ. FT. +/— > , BUILDING �`�' \ .y EX BEE BRANCH 3J52 SQ. FL +/— z \ �O� � NEW EASEMENT 4,938 SQ. FT. +/— �• s�, IMLY RIGHT � • • RA�' ' OF WAY LEGEND � � ,�i��g \� \ . � LINE CP ---- LOT LINE � �,o��oo ! RAILWAY � � � � � gUILDING LINE � j ��_�_� — • • —PROPOSED EASEMENT LINE � \ BUIILDIING � � P.0.8. POINT OF BEGINNING - � � ML MINERAL LOT \ � � �0 %/ Y \ / / / m � � � �� / � ��w,P� w AR��,E�,�� ti / � � � ��ENo�NEER�No CONBTRVCTION BER/ICEB aEXISTIN� ��.� I I � E��RONMEN,A�ENo�NEEwNo � �� i umoeorrvEvimo M V NI(M PAL ENOINEERINO IMEGRIIY.IXPFA�ISE.SOLIf�lON3 eraocmaa�emoweeawo THIS SURVEY IS SUBJECT TO \ � PROPRIETOR: B&M PROPERTIES fA `�"s`°`�AT0NEN61NEER1N6 EASEMENTS, RESERVAl10NS, AND STORAGE, LLC oRnwN snF P�nT No. ,—in—,a RESTRICTIONS AND RIGHTS—OF—WAY PREPARED FOR: CITY OF DUBUQUE °HE°KEo c�c PRo�. No. os,s9 OF RECORD AND NOT OF RECORD. DATE PREPARED• JANUARY 24, 2018 onTE �—n—,a sHEEr , or z ' P:�os�is9�ise—az�oenwwcs�sue�osise a&M PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA 563 556-2464 PERMANENT EASEMENT EXHIBIT A PERMANENT EASEMENT ACROSS PART OF LOT 5-2-2-2 OF MINERAL LOT 106 IN THE CITY OF DUBUQUE, IOWA LEGAL DESCRIPTION A permanent easement located across part of 5-2-2-2 of Mineral Lot 106 in the City of Dubuque, lowa, more particularly descrlbed as follows: Beglnning at the Southwest Corner of Lot 1 of Bee Branch Subdivision No. 11 ; Thence North 77 degrees 14 minutes 37 seconds East along the south line of said Bee Branch Subdivision No. 11 , 178.47 feet; Thence North 77 degrees 06 minutes 56 seconds East continuing along said south line, 44.00 feet to the west rlght of way line of the Canadian Pacific Railway and Southeast Corner of Lot 2 of Bee Branch Subdivision No. 11 ; Thence South 22 degrees 11 minutes 29 seconds West along said west right of way line, 125.99 feet; Thence North 50 degrees 47 minutes 44 seconds West, 41 .51 feet; Thence North 18 degrees 47 minutes 34 seconds West, 52.54 feet; Thence South 74 degrees 06 minutes 01 second West, 114.41 feet to the west line of Lot 5-2-2-2 of Mineral Lot 106; Thence North 24 degrees 10 minutes 16 seconds West along sald west line, 25.00 feet to the Polnt of Beglnning. Containing 8,690 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�,�� ♦ ♦ a��o�N�R�No � � � M� �NPA�EN��NE R��N�N� IMEGNI7Y.IXPEKIISE.SOLUIIONS sraocroaa�emoweewmo RANBPOR�ATION ENOINEEWN PROPRIETOR: B&M PROPERTIES 4155PENNs��AN�AA�E I ��a��E��wAs�� AND STORAGE, LLC oRnwN ��e P�nT No. ,-in-,s PREPARED FOR: CITY OF DUBUQUE °HE°"Eo c�c PRo�. No. os,ss DATE PREPARED: JANUARY 24, 2018 onTE i—n—ie sHEET z or z P:\O6\169\169-02\DRAWINGS\SOR\06169 6&M TEMPORARY EASEMENT EXHIBIT B TEMPORARY EASEMENT ACROSS PARTS OF LOTS 1 -1 —B AND 1 -2—B IN MINERAL LOT 100 AND 5-2-2-2, 6-2-2-2 and 2-1 -1 IN MINERAL LOT 106, AND LOT 12 IN EAST DUBUQUE ADDITION ALL IN THE CITY OF DUBUQUE, IOWA / � LEGEND a � ---- LOT LINE � � � LOT 5R 2E 202 � � � � � BUILDING LINE N � � ML 108 / � � M \ w- Y v / � r��'�� S�g � ,, � 3 �O�-1 6 R,S�RR�L o \ �` w � � � a ,�.8 � � � �.O � � � N24'24'29"E . 3 2.85' �� Q \ 13.33� S83'16�0�`� i�, �� ^ / v� Q ,� �ogo P�� • �6'Z2� � �� v LOT & TEMPORARY EASEMENT AREA Y �'EPS� 6 1h r16�� 5� •� N w v 12 470 SQ. FT � 6 , �- • /�i Q 1-1—B 1,023 SQ. FT. z � �' � , 5.94' i Q 1-2—B 1,623 SQ. FT. a .e�� 6 S09'33'30"W ti = 2-1-1 185 SQ. FT. N `L � ti' 7.77' S17'56'54"W � ��'S� � 10.53 6.2' � 3.11, Q 5-2-2-2 3,350 SQ. FT. a �a� p� p6 � 6-2-2-2 567 SQ. FT. 5 \ �n�-1 / _� TOTAL TEMP 7,218 SQ. FT. +/— � jL�� 3 v . � ya / � ,� •py � NORTH m � � 'o`.� ��0� � � GRAPHIC SCALE � S�' �'+ . '��L �^ � \ TEMPORARY EASEMENT 0 30 60 Q ,�g-�N � 5 1,ti- �,2�s s0. Fr. +/— 0 � � ��-"`0 � 1" = 30' /� tio� DRAWING MAY HAVE BEEN REDUCED � o ^ � � � � i A / ��w,PG � � AR��,E�,�RE ♦ ♦ ��ENo�NEER�No CONBTRVCTION BERVICEB NOTE I I W E��RONMEMA�ENo�NEER�No umoeorrvEnmo THIS SURVEY IS SUBJECT TO �°"�°`"`�"°�"��"° IHIEGRfIY.IXPERTISESOLUTIONS eraocmaa�emoweeawo EASEMENTS, RESERVAl10NS, PROPRIETOR: B&M PROPERTIES �NSPo�Ar�oNEN��NEER�N� RESTRICTIONS AND AND STORAGE, LLC orznwN snF P�nT No. ,-ia-,e RIGHTS—OF—WAY OF RECORD PREPARED FOR: CITY OF DUBUQUE cHECKEo c�c PRo�. No. oe,ee-oz AND NOT OF RECORD. DAIE PREPARED: JANUARY 24, 2018 oarE ,-,e-,a sHEEr , or , P:�os�iss�iss—oz�oRnwwcs�suR�osise e&M TEMPORARY EASEMENT EXHIBIT C TEMPORARY EASEMENT UNDER PART OF LOT 5-2-2-2 OF MINERAL LOT 106 IN THE CITY OF DUBUQUE, IOWA � � , � a , N / � � � N TEMPORARY EASEMENT � � 1,301 S0. FT. +/— /_`� NORTH � �� GRAPHIC SCALE ° /�� 0 20 40 w � a / O o � ,��2 SE CORNER OF �� 1� = 20� � LOT 5-2-2-2 Z W �o.� 1 6 ML 108 /� DRAWING MAY HAVE BEEN REDUCED Q �� i � ; � EX�Sj�N� g��N Z ^� �Zoo \o \ �SoR , / �� • • 2 � � z `� •N��'�6 �Ftis Ai � � � 6 � ` d \ /O��/� � / �\ � ��\ ' V � `� ��\ ' Q \ � Q LEGEND a ` ,,/� � ------- LOT LINE � � ,/ �� p � � � � � BUILDING LINE \ ,-�� / � _� 'V.Tr�✓.7zz PROPOSED EASEMENT m �` /-'/ i / v� ML MINERAL LOT � /-' �� i ��w,P� w AR��,E�,�� Q /-� � � � ��ENo�NEER�No d �i / CONBTRVCTION BER/ICEB W ` / ' ' � EM/IRONMENTALENOINEEWNO � � / IAN�BVR/EYINO � � �� NOTE M�N�aPA�ENo�N�R�No �'� IMEGRIIY.IXPFA�ISE.SOLIf�lON3 eraocmaa�emoweeawo THIS SURVEY IS SUBJECT TO PROPRIETOR: B&M PROPERTIES `�"s`°`�AT0NEN61NEER1N6 �� EASEMENTS, RESERVATIONS, AND STORAGE, LLC oRnwN snF P�nT No. ,—in—,a � RESTRICTIONS AND RIGHTS—OF—WAY PREPARED FOR: CITY OF DUBUQUE °HE°KEo c�c PRo�. No. os,s9 � OF RECORD AND NOT OF RECORD. DATE PREPARED: JANUARY 24, 2018 onTE �—za—,a sHEEr , or , P:�os�is9�ise—az�oenwwcs�sue�osise a&M