Loading...
Fair Market Value U S 20 properMEM Consent #8 Revised ORANDUM July 29, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Establishing Fair Market Value on Properties Needed as Future Public Rigt~t-of-Way On December 16, 2002, the city entered into a project agreement with the Iowa Department of Transportation on a project to improve the traffic flow on US 20: The project will include the interconnection of the traffic signals from Devon Drive westerly to the new Menard's store entrance on US 20 west. Three parcels of property will be needed as future public right-of-way for traffic signal improvements along US 20 (Dodge Street). These properties include portions of the Center Grove Methodist Episcopa~ Cemetery Association at 3140 Brunskill Road ($3,200), WCB Hotels, Inc. (Midway Hotel) ($72,500), and the CNL Funding 2000-A., LP (Ground Round) ($7,600). Public Works Director Mike Koch requests City Council approval of resolutions establishing the fair market value of the above three pdrtions of property needed as right-of-way for this project. concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM July 30, 2003 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch. Public Works Director Establishing Fair Market Value on Properties Needed as Future Public Right-Of-Way INTRODUCTION The enclosed resolutions establish the fair market value for three properties needed for the proposed construction on US 20. BACKGROUND The Eminent Domain laws, which are being followed, vary somewhat from right- of-way acquisitions in the past. In 1999, the Iowa legislature adopted new procedures governing the Eminent Domain process. The first step in the process is to have an appraisal performed on the properties to be acquired by Eminent Domain. The City Council must establish by resolution the fair market value of property to be acquired by condemnation, which canhot be less than the appraisal amount. Eminent Domain proceedings cannot be initiated until good faith efforts have been made to successfully negotiate acquisition of the property. This will require a separate council resolution if the property cannot be acquired voluntarily. DISCUSSION On December 16, 2002, the City entered into a project agreement with the Iowa Department of Transportation on a project to improve the traffic flow on US 20. The project will include the interconnection of the traffic signals from Devon Drive westerly to the new Menard's store entrance on US 20 west. The project will also include the geometric improvements to the vanous signalized intersections to be interconnected to improve their traffic flow capacity. These improvements will include the installation of rig bt- and left-turn lanes and the realignment of several of the side street traffic lanes to allow for more efficient phasing of the traffic signals al several intersections along the corridor. Also to be done as part of this project will be the creation of a five-lane section of US 20 to provide a continuous left-turn lane extending from approximately Old Highway Road extending northeasterly to just east of US32 [Northwest Arterial). The attache¢ resolutions establish the fair market value on three parcels of property which wilf be needed as future public right-of-way for traffic signal improvements along US 20 (Dodge Street). These proper[les include portions of the Center Grove Methodist Episcopal Cemetery Association at 3140 Brunskill Road, WCB Hotels, inc. (Midway Hotel), and the CNL Funding 2000-A., LP (Ground Round). RECOMMENDATION I recommend the City Council establish the fair market value of these partial acquisitions for right-of-way purposes as follows: Center Grove Methodist Episcopal Cemetery Association 339 square feet to be acquired by Fee Title at $7 per square foot, for a value of $2,373 and a temporary easement for the construction of a realigned frontage road (Brunskill Road) and reconstruction of the Cemetery's driveway entrance of $770, for a total of $3,200 (rounded), as shown on Attachment A. WCB Hotels, Inc. 7,064 square feet to be acquired by Fee Title at $6.50 per square feet, for a value of $45,916 and a temporary easement, loss of landscaping, and paving value of $26.520. making a total of $72,500 (rounded), as shown on Attachment B. CNL Funding 2000-A., I..P. 532 square feet to be acquired by Fee Title at $8 per square foot, for a value of $4,256, and a temporary easement, loss of landscaping and pawng value of $3,347, making a total of $7,600 (rounded), as shown on Attachment C. BUDGET IMPACT This is an Iowa Department of Transportation project and IDOT is responsible for the cost of these right-of-way acquisitions. ACTION TO BE TAKEN The City Council 'is requested to adopt the enclosed resolutions establishing [he fair market value of the above three properties needed as right-of-way for a project to improve traffic signal operations on US 20 from Devon Drive to the new Menard's entrance to US 20 west. MA~d RESOLUTION NO. 255-03 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY CENTER GROVE METHODIST EPISCOPAL CEMETERY ASSOCIATION WHEREAS, the City. of Dubuque (City) intends to acquire certain real property owned by the Center Grove Methodist Episcopal Cemetery Association, legally described as follows (the Property): That portion of Lot 1 of Center Grove Methodist Episcopal Church and Cemetery Subdivision in the City of Dubuque, Dubuque County, Iowa, as shown on Attachment A for the purpose of constructing intersection improvements associated with the traffic signal interconnect project from Devon Drive westerly to the new Menard's store entrance on US 20 west; AND WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property or property interest before proceeding with condemnation; AND WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; AND WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $3,200.00; 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 AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $3,200.00. 2. The City Manager and the Corporation Counsel are hereby authorized to commence negotiations with the Owner of the Property 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. Passed, approved and adopted this 4th day of August, 2003. Attest: Jeanne F. Schneider, CMC, City Clerk day of Auqust _ ,2003. Terrance M. Duggan, Mayor ?-. Iowa Department of ?ransportatlon ACQUISITION PLAT EXHIBIT A~AG=MENq* A COUNTY DUBUOUE STATE CONTROL NO PROJECT NO. STP-A-2~O0(620 --86-3' PARCEL NO SECTION TOWNSHIF RANGE ROW-FEE 339 SQ. FT · EASE EXCESS-FEE ~CCESS RIGHTS ACOUIRED FROI~ THE CENTER GROVE METHODISI EPISCOPAL CEM~fERY ASSOCIATION % DESCRIPTION OF ATTACI-IED PLAT FOR P.a~RCEL NO.11 DUBUQUE COUNTY PRO,.VECT NO. STP-A-2100(620)--86-31 THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: That parr of Lot 1 of Center Grove Methodist Episcopal Church and Cemetery Subdiv/sion in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat Exhibit "A', auached hereto and by reference made a part hereof and reference made a pan hereof and more particularly described as follows: Commencing at a point on the southwesterly tine of Lot 1 of Lot 1 of"Harwood Place", Section 27, Dubuque Township, Dubuque County, Iowa, being South 43°47'57TM East, 317.31 feet from the northwest comer of said Lot 1 of Lot 1, as measured along said southwesterly lot line; thence South 46© 12'03" West, 44.00 feet to the northeasterly 1/ne of Lot 2 of said Center Grove Method/st Episcopal Church and Cemetery Subdiv/sion; thence North 43047'57'' West along the northeasterly line of said Lots I and 2 of Center Grove Methodist Episcopal Church and Cemetery Subdivision and the presently established southwesterly Right of Way line of Branskill Road 403.40 feet to the Po[ut of Be~mnmng, said po[ut also be[ug the be~nnmg of a 82.50 foot radius, non-tangent curve, concave southerly; thence westerly 51.13 feet along said curve, w/th a chord bear[ug North 76°49'24' West, 50.31 feet to a point on the presently established southeasterly R/ght of Way line of Primary Road No. U.S. 20, said point also being the beginning of a 988.00 foot radius, non-u~ngent curve, concave northwesterly; thence northeasterly 6.19 feet along said southeasterly right of wa3' t/ne and said curve, w/th a chord bearing North 62°11'40' East, 6.19 feet; thence North_62°00'54' East along said southeasterly right of way line 22.31 feet to said southwesterly right of way line of Brunsk/I1 Road; thence South 43047'57" East along said southwesterly right of way line 34.40 feet ro the Po[ut of Begmn/ng, conmunng 339 square feet, more or less. NOTE: The southwesterly l[ue of said of Lot 1 of Lot 1 of"Harwood Place is assumed to bear South 43047'57" East. O:',p roj\l ? 6290j 01 gm~eykD~qCRIPTIONS~PAKCEL NO. 11 .doc IOWA DEPARTMENT OF TRANSPORTATION HIGHWAY DIVISION PLOT PLAN PARCEL NO.: 11 OWNER: THE CENTER GROVE METHODIST EPIscOPAL CEMETERY ASSOCIATION SECTION: . T -R -- [ LEGEND SCALE:I "= 50' CITY OF DUBUQUE %` TOTAL OWNERSHIP COUNTY: DUBUQUE PROJECT NO.: DESCRIPTION FOR PARCEL NO. 11 DUBUQUE COUNTY PROJECT NO. STP-A-2100(620)- -86-31 TIlE TEMPORARY EASEM[ENT GRANTED FOR STREET PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: ] That part of Lot 1 of Center Grove Methodist Episcopal Church and Cemetery Subdixqsion inn the Ciw of Dubuque. Dubuque County, Iowa, more particularly described as follows: Commencing at a point on the southwesterly line of Lot 1 of Lot 1 of "Harwood Place", Section 27, Dubuque Towush/p, Dubuque County, Iowa, being South 43°47'57'' East, 317.31 feet from the northwest comer of said Lot 1 of Lot 1, as measured along said southwesterly lot line; thence South 46°12'03" West, 44.00 feet to the northeasterly line of Lot 2 of said Center Grove Methodist Episcopal Church and Cemetery Subdivision: thence North 43°47'57'' West along the northeasterly line of said Lots 1 and 2 of Center Grove Methodist Episcopal Church and Cemetery Subdivision and the presently established southwesterly Rig2at of Way line of Brunskill Road 403.40 feet to the Point of Be~,mmning; thence North 77°05'49'' West, 25.31 feetl thence South 64°31'48'' West. 17.90 feet; thence South 25°20'24'' West, 7.I7 feet: thence North 68°51 ' 27" West, 27.04 feet to a point on the presently established southeasterly Right of Way line of Prim~. Road No. U.S. 20, said point also being the beginning ora 988.00 foot radius, non-tangent curve, concaYe northwesterly; thence northeasterly 22.58 feet along said southeasterly right of way line and sa~d curve, with a chord bearing North 63°01 '44" East, 22.58 feet to the beginning of a 82.50 foot radius, non-tangent curve, concave southerly; thence easterly 5 t .13 feet along the .proposed frontage road ri~t of way line-and said curve, with a chord bearing South 76°49'24" East, 50.3 t feet to the Point of Be~mnning, containing 550 square feet, more or less. NOTE: The northeasterly line of said Lot 1 of Center Grove Methodist Episcopal Church and Cemetery Subdiv/sion is assumed to bear North 43°47'57'' West. 0 ~°rOJM76290j01~Surve'ADESCRIPTIONS"PARCEL NO.11TE.doc RESOLUTION NO. 256-03 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY WCB HOTELS, INC, WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by WCB Hotels, Inc., legally described as follows (the Property): That portion of Lot 1 of Lot 1 of Harwood Place, Section 27, Dubuque Township, in the City of Dubuque, Dubuque County, Iowa, as shown on Attachment B for the purpose of constructing intersection improvements associated with the traffic signal interconnect project from Devon Drive westerly to the new Menard's store entrance on US 20 west; AND WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property or property interest before proceeding with condemnation; AND WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; AND WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $72,500.00; 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 AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $72,5OO.OO. 2. The City Manager and the Corporation Counsel are hereby authorized to commence negotiations with the Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution. Passed, approved and adopted this 4th day of Auqust Terrance M. Duggan, Mayor Attest: ~ ~ Jeanne F. Schneider, CMC, City Clerk ,2003. lo~a Depa. ~enu of Trans?ort.~tion ~ A'[-FACH~NT 8 EXH!BIT "A~ RIGHTS S~AT£ CONTROl NO. PARCEL NO. TOWNSHIP RANGE EASE ~ [×gE$S-FEE ~2 ~ ACOUIRF.~ FROt~ WCB HOTELS N DESCRIFTION OF ATTACB~ED PLAT FOR PARCEL NO. 12 DLrBUQD-E COi/lhq~y !~ROJECT NO. STP-A-2100(620)-86-31 TIlE FEE SIMPLE TITLE GIL~KFED IS. TO LA-NrD DESCILIBED AS FOLLOWS: Tha~ Pa~ of Lot 1 of Lot I of"Harwood Place", Section 27, Dubuque Towush~p, Dubuqu¢ Count, Iowa, as shown on the Acquisition Plat Exhibit "A", ~rtached hereto and by refereuce made ~ part hereof and more particularly desto-bed as follows: Commencing az a point on the southwesterly line of Lot l of Lot I of"Hanvood Place'~. Section 27, Dubuque Township, Dubuque County, Iowa, being South 43°47'5T' East, 317 _31 feet from the northwesterly comer of said Lot 1 of Lot I. as measured along said southwesterly lot line; thence North 43o47'57'~ West ~North 4I°41, West-record) along said southwesterly lot line 6t.25 feet to the Point of Beginning;, thence continuing North 43°47'5T' West (North 41041, West-record) along said southwesterly lot line 256.06 feet to the northwesterly comer of said lot and the beginning of 4,50P.00 foot radius, non-mngen~ cra-ye, concave southerly; thence easterly 102.10 ~eet along the northerly line oi said lot and said curve, w/th a :hord bern=rog South 88°46'43'' East, 102.09 feet to the be~nning of a 221.50 foot radius, non-rangen~ curve, :oncave easterly;, thence southerly 174.94 feet along said curve, w/in a chord bearing South 21°13'59'' Eas% 170.43 fee~; thence South 43°51'32" East, 26.46 feet; thence South 46°08,28" We~ 6.7P f~t m the Point of Beginning, containing 7,064 square feel. more or less. NOTE: The sou~we~erly line of sa-id Lot 1 of Lot 1 of"Hm-~ood Place" is assumed To bear North . 43°47'57TM West. O:Xprojn. l 76290j 01%urv~'%DESCPdPTIONS~P ARC EL NO. ! 2.doc IOWA DEPARTMENT OF TRANSPORTATION HIGHWAY DIVISION PLOT PLAN PARCEL NO.: 12 ,JER: WCB mOTELS. INC. S~_CTIO . SCALE: 1 "= 200' CITY OF DUBUQUE COUNTY,: DUBUQUE _ PROJECT NO.:. STP-A-2100(620)- - 85- 3 t DESCRIPTION FOR PARCEL NO. 12 DU~Bi~QI~qE COIYNTY PROXECT NO. STP-A-2100(620)- -86-31 TI~IE TEB~OIL4JtY EASE.MR{bIT GRANTED FOR STREET PURPOSES IS TO L.42x-D DESCRIBED AS FOLLOWS: That part of Lot 1 of Lot 1 of=Harwood Place", Section 27, Dubuque Township, Dubuque ConnV, Iowa, more particularly described as follows: Commencing at s point on the southwesterly line of Lot 1 of Lot 1 of "Harwood Place", Section 27, Dubuque Townsh/p, Dubuque County, Iowa, being South 43 °47'5 T' East, 3 t 7.31 feet from the northwesterly comer of said Lot I of Lot t, as measured along said southwesterly lot line; thence North 43o47'57~ West (North 41'41' West-re=oral) along said southwesterly lot line 61.25 feet to the proposed R/ght of Way line of Brunsldll Road; thence North 46°08'28" East along said rS~zht of way line 6.79 feet; thence continuing North 43°5 t'32" Wegt along said right of way line 18.86 feet to the Point of Be~nm~ thence North 43°51'32" gJes~ 7.60 feet to the beginning ora 221.50 foot radius, tangent curve, concave easterly; thence northerly 174.94 feet along said fight of way line mud said curve, ~Sth a chord bern-lng North 21°13'59'' West, 170.43 feet to a point on the presentl7 esmbI/shed sou~erly Fright of Way line of Prhnary Road No. U.S. 2C: said poinl also being the begq_nning of a 4,509.00 foot radJ~, non-tangent crowe, concave southerly;., thence easmrly 130.40 feet along said right of way line and mid curve, w~tk a chord bearing South 87°tg'08" ~ 130.39 feet; thence. South 06°54'42'' West, 1 t i.06 feet; thence South 46°08'28~ Wesg 69.20 ~%et ro the Point of Be~nning, containing 15,169 square feet, more or less. NOTE: The southwesterly line of said Lot l of Lot 1 of "Hm-~ood Place" is ~ssumed to bear No~h 43o47'57'' West O:~Pro~17629~j01 ~survey~DESCPJPTIONS~PA~CEL NO.12TE.doc RESOLUTION NO. 257-03 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY CNL FUNDING 2000-A., L.P. WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by CNL Funding 2000-A., L.P., legally described as follows (the Property): That portion of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246 in the City of Dubuque, Dubuque County, Iowa, as shown on Attachment C for the purpose of constructing intersection improvements associated with the traffic signal interconnect project from Devon Drive westerly to the new Menard's store entrance on US 20 west; AND WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property or property interest before proceeding with condemnation; AND WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; AND WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $7,600.00; 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 AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $7,600.00. 2. The City Manager and the Corporation Counsel are hereby authorized to commence negotiations with the Owner of the Property 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. Passed, approved and adopted this 4th day of August, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Iowa Deparument of Transportation ACQUISITION PLAT EXHIBIT ~A" ATTAC~ME~,E C COUNTY DUBUOUE STATE CONTROL NO. PROJECT NO STP-A-2100(620}--86-31 pARCEL NO. SECTION TOWNSHIP :~ANGE ROW-FEE 532 SO rT. ' EASE EXCESS-FEE ACCESS RIGHTS ACQUIRED FRO~ CNL FUNDING 2000-A. L.P. DESCRIPTION OF ATTACIIED PLAT FOR PARCEL NO. 6 DUBUQUE COUNTY PROJECT NO. STP-A-2100(620)--86-31 TlqE FEE SI1ViPLE TITLE GRA.N~ED IS TO LAND DESCRIBED AS FOLLOWS: That pm of Lot 2 of Lot I of Lot 1 of Lot 1 of Correction Plat of Lot I of Mineral Lot 246 in the City of Dubuque, Iowa, as shown on the Acquisition Plat Exhibit "A", attached hereto and by reference made a par'~ hereof ~nd more particularly described as follows: i I i ! ! I i I i Commencing ar the southeasterly comer of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246; thence North 75°56'54'' West, 77.06 feet (77.18 feet-record) along the southerly line of said lot; thence North 76°02'06" West along said southerly lot line 86.95 feet to the Point of Beginning; thence continuing Nor~.h 76°02'06TM West along said southerly lot line 30.50 feet; thence North 55°29'31" West along said southerly lot line 34.85 feet m the most southerly comer of Lot 1 of Wilson Bros. Place in the City of Dubuque, Iowa; thence North 26028, 10" East along the westerly line of sa~d Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246; thence South 55°32'4t" East, 64.91 feet to the Point of Beginning, containing 532 square feet, more or less. NOTE: The westerly line of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246 is assumed to bear North 26°28' I 0" Frost. OWNER: IOWA DEPARTMENT OF TRANSPORTATION HIGHWAY DIVISION PLOT PLAN PARCEL NO.: 6 CNL FUNDING 2000-A, L.P. SECTION: SCALE:l "= ' 00' CITY -R OF DUBUQUE / / / / / / '% / /\ COU N'Pr': DUBUQUE PROJECT NO.: DESCRIPTION FOR PARCEL NO: 6 DUBUQUE COio.-NTY PROJECT NO. STP-A-2100(620)- -86-31 THE TEMPORARY EASE1VfENT GRANTED FOR STREET PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: That part ofLoz 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of MincmI Lot 246 in the City of Dubuque, Iowa, more particularly described as follows: Commencing at the southeasterly comer of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246; thence North 75°56'54TM West, 77.06 feet (77.18 feet-record) along the southerly line of said lot; thence North 76°02'06" West along said southerly 16t line 84.55 feet to the Point of Beg/nmng; thence contmu/ng North 76°02'06" West said southerly lot line 2.40 feet to the proposed Pdglat of Way line of JFK Road; thence Nor*da 55°32'41" West along said fi*Oat of way line 64.91 feet to the westerly line of said Lot 2 of Lot 1 of Lot I of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246; thence North 26028' 10" East along said lot line 26.48 feet; thence South 55°32'41'' East, 61.42 feet; thence South 14°06'34'' West, 27.07 feet to the Point of Beg/truing, containing I659 square feet, more or less. NOTE: The westerly line of said Lot 2 of Lot'I of Lot 1 of Lot 1 of Correction Plat of Lot I of Mineral Lot 246 is assumed to bear North 26'28' 10" East. I I ! ! i I ! I ©:~rol~176290j01Xsur~ey\DESCRIPTIONS%°ARCF_L NO.6'F~.doc