Highway 151 & 61 Devleopment_Setting Fair Market Value of 0.0396 AcresMasterpiece on the Mississippi
Dubuque
haill
All- AmmicaCftll
11111!
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Creek Restoration Project, Purchase of Commercial Property
DATE: June 29, 2010
On June 5, 2006, the City Council approved a Development Agreement with HWY 151&
61 Development, LLC (HWY 151) that provided public financial assistance and other
considerations for the redevelopment of the former Smithfield property on 16 Street.
The terms of the Development Agreement include the City's acquisition of 3.3 acres
more or less of HWY 151 property for the Bee Branch Creek Restoration Project.
City Engineer Gus Psihoyos recommends the City Council establish the fair market
value of the 0.0396 acre parcel of HWY 151 & 61 Development, LLC property north of
16 Street at the appraised value of $20,000 and authorize the City Manager to begin
negotiations to acquire this property for the Bee Branch Creek Restoration Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
/ ''---
Michael C. Van Milligen
Masterpiece on the Mississippi
BACKGROUND
DISCUSSION
Dubuque
hail
Al-America City
2007
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: June 29, 2010
SUBJECT: Bee Branch Creek Restoration Project, Purchase of Commercial Property
INTRODUCTION
The purpose of this memo is to establish the fair market value of property owned by
HWY151 & 61 Development, LLC (HWY151) and seek authorization for the City Manager
to begin negotiations to acquire the property required for the Bee Branch Creek
Restoration Project.
In December of 2004, the City Council established the alignment for the Bee Branch Creek
Restoration Project, from 15th and Sycamore Streets to 24th and Washington Streets, and
established a building permit moratorium for the properties impacted based on the
alignment. The alignment established the properties necessary to be acquired for the Bee
Branch Creek Restoration Project.
On June 5, 2006 the City Council approved a development agreement (Development
Agreement) with HWY151 that provided public financial assistance and other
considerations for the redevelopment of the former Smithfield property on 16th Street.
The terms of the Development Agreement between HWY151 and the City include the
City's acquisition of 3.3 acres more or less of HWY151 property for the Bee Branch Creek
Restoration Project.
Field investigations were performed as part of the engineering associated with designing
the Lower Bee Branch Creek Restoration Project. These investigations revealed that the
existing sewer under the railroad tracks near Garfield Avenue was farther east than
originally thought. As a result, the proposed railroad bridge for the Bee Branch Creek
Restoration project must be shifted to the east which will require the acquisition of
HWY151 property.
The 0.0396 acre parcel that is currently zoned as Planned Commercial was appraised at
$20,000.00, which is about $11.59 per square foot.
RECOMMENDATION
recommend that the City establish the fair market value of the 0.0396 acres of HWY151 &
61 Development, LLC property north of 16 Street at the appraised value and that the City
Manager begin negotiations with the property owner.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution establishing the
fair market value of the 0.0396 acres of HWY151 & 61 Development, LLC property north of
16 Street and authorizing the City Manager to commence negotiations to acquire the
property.
Prepared by Deron Muehring, Civil Engineer II
cc: Barry Lindahl, City Attorney
Deron Muehring, Civil Engineer II
RESOLUTION NO. 221-10
ESTABLISHING THE FAIR MARKET VALUE OF 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 real property
owned by Hwy 151 & 61 Development, LLC (Owner), legally described as follows (the
Property):
Lot C of Riverview Plaza, in the City of Dubuque, Dubuque County, Iowa
as shown on Exhibit A attached hereto for the purpose of the stormwater conveyance
associated with the restoration of the Bee Branch Creek;
AND WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with the Owner to purchase the Property before proceeding with condemnation;
AND WHEREAS, City has caused an appraisal of the property to be made and the
appraised value of the property is $20,000.00;
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:
Attest:
1. The fair market value of the Property is hereby established to be $20,000.00.
2. The City Manager is 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 Tess than the fair market value
established by this resolution.
Passed, approved and adopted this 6th day of July , 2010.
eanne F. Schneider, CMC
City Clerk
Roy D. Buol, Mayor
PREPARED BY
t
IIW ENGINEERS do SURVEYORS P.C. 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556 -2464
LEGEND
PLAT BOUNDARY
• FOUND 1" IRON PIPE
® FOUND MONUMENT
AS NOTED
SET 5/8" IRON ROD
W/ CAP NO. 12631
) RECORD INFORMATION
R��lER�
ACQUISITION PLAT
LOT C OF RIVERVIEW PLAZA IN
THE CITY OF DUBUQUE, IOWA
?0\
LINE BEARING DIST.
L1 S68'37'35 'E 34.20'
POINT OF BEGINNING
X6 6
EXHIBIT A
s
CURVE LENGTH RADIUS DELTA CHORD
Cl 35.34' 45.00' 45'00'00" S46'07'35 "E 34.44'
LOT C
1727 SQ. FT.
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NORTH
GRAPHIC SCALE
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SURVEYOR'S CERTIFICATE
Sheet 2 of 2
I, John M. Tranmer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the
following real estate was surveyed and platted by me or under my direct personal supervision, To Wit:
Lot C of Riverview Plaza in the City of Dubuque, Iowa, more particularly described as follows:
Commencing at the Southwest corner of said Riverview Plaza;
Thence North 66 degrees 28 minutes 15 seconds East, 176.81 feet along the Northerly right -of -way line
of East 16 Street (64 -foot right -of -way) to the Point of Beginning;
Thence North 24 degrees 50 minutes 38 seconds West, 67.35 feet;
Thence South 68 degrees 37 minutes 35 seconds East, 34.20 feet;
Thence southerly 35.34 feet along a curve concave to the Southwest having a radius of 45.00 feet, a
central angle of 45 degrees 00 minutes 00 seconds, and whose chord bears South 46 degrees 07 minutes
35 seconds East, 34.44 feet;
Thence South 23 degrees 37 minutes 35 seconds East, 11.39 feet to said Northerly right -of -way line;
Thence South 66 degrees 28 minutes 15 seconds West, 35.93 feet along said Northerly right -of -way line
to the Point of Beginning.
Containing 1727 square feet, more or less, and subject to easements, reservations, restrictions, and rights -
of -way of record and not of record, the plat of which is attached hereto and made a part of this certificate.