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Bee Branch Railroad Culverts Project, Easements, Acquistions, Amendments Copyrighted September 4, 2018 City of Dubuque Consent Items # 11. ITEM TITLE: Bee Branch Railroad Culverts Project, Easement Acquisitions, Setting Fair Market Value, Resolution Amendments SUMMARY: City Manager recommending approval to amend previously adopted resolutions establishing the fair market value of certain permanent and temporary easements to be acquired through real property owned by HWY 151 & 61 Development, LLC, at East 16th Street and certain permanent and temporary easements to be acquired through real property owned by Canadian Pacific Railway at 506 Garfield. RESOLUTION Amending 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, lowa by changing the title to Easement Exhibit B to "Temporary Easement Exhibit B" RESOLUTIONAmending Resolution No. 231-18 Establishing the fair market value and authorizing the acquisition by Eminent Domain of easements through certain real property owned by Canadian Pacific Railway in the City of Dubuque, lowa by changing the title to Easement Exhibit B to "Permanent Easement Exhibit B" and adding a reference to Temporary Easement Exhibit E SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Bee Branch Railroad Cul�rts Easement Acquisitions- City Manager Memo NNM Memo Staff Memo Staff Memo Resolution Resolutions Resolution Resolutions Resoluiton No. 228-18 Executed Supporting Documentation Resolution No. 231-18 Executed 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, Easement Acquisitions, Setting Fair Market Value, Resolution Amendments CIP #2642769 DATE: August 29, 2018 City Engineer Gus Psihoyos recommends City Council approval to amend previously adopted resolutions establishing the fair market value of certain permanent and temporary easements to be acquired through real property owned by HWY 151 & 61 Development, LLC, at East 16�h Street and certain permanent and temporary easements to be acquired through certain real property owned by Canadian Pacific Railway at 506 Gartield. The easements are required for the Bee Branch Railroad Culverts Project. Following are the recommended changes to the resolutions: • Amending Resolution No. 228-18 such that the reference to "Permanent Easement Exhibit B" is changed to read "Temporary Easement Exhibit B." • Amending Resolution No. 231-18 such that the reference to "Temporary "Easement Exhibit B" is changed to read "Permanent Easement Exhibit B." • Amending Resolution No. 231-18 such that the reference to "Temporary Easement Exhibits C and D" is changed to read "Temporary Easement Exhibits C, D, & E." 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 Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer 2 THECTTYOF Dubuque DUB E �'� Masterpiece on the Mississippi � � � � �� TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Railroad Culverts Project, Easement Acquisitions, Setting Fair Market Value, Resolution Amendments CIP#2642769 DATE: August 29, 2018 INTRODUCTION The purpose of this memo is to amend the previously adopted resolutions establishing the fair market value of certain permanent and temporary easements to be acquired through real property owned by HWY 151 & 61 Development, LLC, at East 16th Street and certain permanent and temporary easements to be acquired through certain real property owned by Canadian Pacific Railway at 506 Garfield. The easements are required for the Bee Branch Railroad Culverts Project (Phase 7 of the Bee Branch Watershed Flood Mitigation Projed). BACKGROUND On August 6, 2018, the City Council passed Resolution No. 228-18 setting the fair market value of certain permanent and temporary easements to be acquired through real property owned by HWY 151 & 61 Development, LLC, at East 16th Street, property legally described as Lot 2 Riverview Plaza No. 3. On August 6, 2018, the City Council passed Resolution No. 231-18 setting the fair market value of certain permanent and temporary easements to be acquired through real property through certain real property owned by Canadian Pacific Railway at 506 Garfield. DISCUSSION Resolution No. 228-18 inadvertently identified the acquisition of an easement described in "Permanent Easement Exhibit B" instead of "Temporary Easement Exhibit B." Resolution No. 231-18 inadvertently identifying the acquisition of an easement described as "Temporary Easement Exhibit B" instead of "Permanent Easement 6chibit B." In addition, Resolution No. 231-18 neglected to reference "Temporary Easement Exhibit E" in the whereas section even though it was referenced elsewhere in the resolution. Amending the resolutions will not change the easements or their values outlined in the adopted resolutions. It simply serves to correct erroneous references to the exhibits that were presented with the resolutions at the time of their consideration. RECOMMENDATION I recommend amending Resolution No. 228-18 such that the reference to "Permanent Easement Exhibit B" is changed to read "Temporary Easement Exhibit B." I further recommend amending Resolution No. 231-18 such that the reference to "Temporary Easement Exhibit B" is changed to read "Permanent Easement Exhibit B." Finally, I recommend amending Resolution No. 231-18 such that the reference to "Temporary Easement Exhibits C and D" is changed to read "Temporary Easement Exhibits C, D, & E." ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolutions: (1) That all references to "Permanent Easement Exhibit B" in Resolution No. 228-18 are amended, nunc pro tunc, to read "Temporary Easement Exhibit B." (2) That all references to "Temporary Easement Exhibit B" in Resolution No. 231-18 are amended, nunc pro tunc, to read "Permanent Easement Exhibit B." (3) That the reference to "Temporary Easement Exhibits C and D" in Resolution No. 231-18 is amended, nunc pro tunc, to read "Temporary Easment Exhibits C, D, & E." 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 AcquisitionsUnemo, Bee Branch Railroad Culverts, amending resolutions setting fair market value, HWY151&61 &CP, 8-27-18.doc Page 2 of 2 Prepared by Deron Muehrinq, Civil Engineer, 50 W. 13th St., Dubuque, IA 52001, 563-589-4276 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 262-18 AMENDING 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 BY CHANGING THE TITLE TO EASEMENT EXHIBIT B TO "TEMPORARY EASEMENT EXHIBIT B" Whereas, on August 6, 2018, the City Council adopted Resolution No. 228-18 incorrectly identifying the acquisition of easements described in "Permanent Easement Exhibit B" instead of "Temporary Easement Exhibit B." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the reference to "Permanent Easement Exhibit B" in Resolution No. 228-18 is amended, nunc pro tune, to read "Temporary Easement Exhibit B." Passed, approved and adopted this 4th day of Sep1 D.1 LJ . -'? Roy D. Bu Attest: 082918bal Prepared bv Sfieve Sampson Brown Project Manaqer 50 W 13th St Dubuaue IA 52001 563 589 4272 �� Return to Kevin Firnstahl, City Clerk,50 W. 13t"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 I . HWY 151,& 61 DEVELOPMENT, LLC. IN THE CfTY OF DUBUQUE, IC?WA . , Whereas, the City af Dubuque (City) intends to acquire certain permanent and temporary � easements (the Easements) through real property owned by HUVY 151 & 61 Development, � ii LLG, (�wner}, at East �6t" Street property legally described as Lot 2 Riverview Plaza No. 3; ;; and described in Permanenfi Easement Exhibit A and Permanent Easement Exhibit B attached 1 hereto for the purpose of constructing, operating, and maintaining the Bee Branch Railraad '�' Culverts, a stormwater management project; and '� • �� I� Whereas, lowa law requires that Cifiy must make a good faith effort to negotiate with the Owner fio purchase the Easements befare proceeding with condemnation; and � � ,, �� Whereas, City has caused an appraisal of the Easements to be made and the appraised � �il value ofi the Easemenfs is $123,Od0.00; and . i'i , Whereas there is a reasonabie expectation that the City will be able to achieve ifis public � purpose, comply wifih all applicable standards, and obtain the necessary permits; and � . Whereas, the City Council now desires to establish the fair rnarket value of the property. � � � NOW, THEREFORE, BE 1T RES�OLVED BY THE CfTY COUNCIL OF THE CITY OF � DUBUQU�, IOWA: � � � � � � � !! �j Section 1. The fair market value of the Easements is hereby esfiablished to be $123,0OO.OQ. �$ � �Section 2. �'he City IVianager is hereby authorized to commence negotiations with the � Owner of the E�sements and any other infieresfied parties for tlie purchase of the Properky for a purchase price which is not less than the fair market value esfiablished by fihis resolution. Section 3. The City Manager is hereby authorized fia commence proceedings for fihe acquisition of the Easemenfis by eminent domain should negotiations faiL Passed, approved and adopted this 6th day of August 2018. � . �� . � -� 6 �oy D. 8uo1, M�yor. Attest: - r .-�! � �� Kevin �. Firnsfiah(, ity �I�erk Prepared by Deron Muehrinq, Civil Engineer, 50 W. 13th St., Dubuque, IA 52001, 563-589-4276 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 263-18 AMENDING RESOLUTION NO. 231-18 ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY CANADIAN PACIFIC RAILWAY IN THE CITY OF DUBUQUE, IOWA BY CHANGING THE TITLE TO EASEMENT EXHIBIT B TO "PERMANENT EASEMENT EXHIBIT B" AND ADDING A REFERENCE TO TEMPORARY EASEMENT EXHIBIT E Whereas, on August 6, 2018, the City Council adopted Resolution No. 231-18 incorrectly identifying the acquisition of an easement described in "Temporary Easement Exhibit B" instead of "Permanent Easement Exhibit B;" and Whereas, Resolution No. 231-18 omitted a reference to "Temporary Easement Exhibit E." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That all references to "Temporary Easement Exhibit B" in Resolution No. 231-18 are amended, nunc pro tune, to read "Permanent Easement Exhibit B." Section 2. That the reference to "Temporary Easement Exhibits C and D" is amended, nunc pro tune, to read "Temporary Easement Exhibits C, D, and E." Passed, approved and adopted this 4th d.ay of September 2018;/ ~Q~ .. { Roy D. Buol, Mayor Attest: 082918bal � a Prepared bv Steve Sampson Brown Project Manager 50 W 13th St Dubuque IA 52001 563-589-4272 � Return to Kevin Firnstahl, City Clerk, 50 W. 13th 8t., Dubuque, IA 52001,563-589-4100 k 4 � RESOtUTION NO. 231-18 � � � ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION BY � EMINENT DOMAIN OF EASEMENTS THROUGH CERTAIN REAL PROPERTY OWNED BY I CANADIAN PACIFIC RAILWAY IN THE CITY OF DUSUQUE, IOWA Whereas, the City of Dubuque (City) intends to acquire permanent and temporary � easements (the Property) through certain real property owned by Canadian Pacific Railway � (Owner), at 506 Garfield Avenue as shown on Permanent Easement Exhibit A, Temporary � Easement Exhibit B, and Temporary Easement Exhibits C and D attached hereto for the � purpose of constructing, operating, and maintaining the Bee Branch Railroad Culverts, a stormwater management project; and � G Whereas, lowa law requires that City must make a good faith effort to negotiate with the Owner j to purchase the easements before proceeding with condemnation; and � �� 'i Whereas, City has caused an appraisal of the easements to be made and the appraised �� value of the easements is $81,000.00; and i � Whereas there is a reasonable expectation that the City will be able to achieve its public I' purpose, comply with all applicable standards, and obtain the necessary permits; and � �� Whereas, the City Council now desires to establish the fair markef value of the �, easements shown in Permanent Easement Exhibit A, Temporary Easement Exhibit B, and I Temporary Easements Exhibits C, D, & E (the Easements). � � NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I DUBUQUE, IOWA: � � � � 1. The fair market value of the Easements is hereby established to be $81,000.00. � , 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. 4 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. � � � �' � Roy D. Buol, Mayor Attest: �,.�� t �,.,;��.��- Kevin �. Firns�ahl, C`ity Clerk , �