Highway 151 & 61 Development_Setting Fair Market Value of 0.802 AcresMasterpiece on the Mississippi
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michae C. Van Milligen
Dubuque
All- Amedca City
I
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 0.802 acre parcel of HWY 151 & 61 Development, LLC property north of
16 Street at the appraised value of $375,000 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.
Masterpiece on the Mississippi
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
BACKGROUND
DISCUSSION
Dubuque
bititi
AIFAmalca Cdy
2007
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 Tess 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 0.802 acre parcel that is currently zoned as Planned Commercial was appraised at
$375,000.00, which is about $10.73 per square foot.
RECOMMENDATION
recommend that the City establish the fair market value of the 0.802 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 0.802 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
PREPARED BY;
IIW ENGINEERS & SURVEYORS P.C.
POINT OF
BEGINNING
EXHIBIT A
4155 PENNSYLVANIA AVE,
ACQUISITION PLAT
LOT B OF RIVERVIEW PLAZA IN
LEGEND
--- PLAT BOUNDARY
• FOUND 1" IRON PIPE
® FOUND MONUMENT
N AS NOTED
L14 0 SET 5 /8" IRON ROD
tD
L13 03 S.. W/ CAP NO. 12631
RECORD INFORMATION
LINE BEARING DIST.
L1 N18'06'20 "W 25.28'
L2 N13'55'19 "W 38.66'
L3 N05'50'35 "W 38.34'
L4 N00'23'56 "E 38.55'
-± ;\ L5 NO7'01'27 "E 38.48'
h v L6 N14'05'13 "E 38.60'
^-) L7 N2010'42 "E 48.25'
L8 N1914'39 "E 55.68'
L9 N12'09'20 "E 61.39'
L7 L10 N0621 "E 61.62'
R
L11 N01'52'56"W 61.96'
L6 - \\IER L12 N09 43'54 "W 61.80'
L5 . L13 N16'59'24 "W 32.25'
L14 N38'47'38 "E 34.22'
L4 CO ^ L15 N41'25'38 "E 50.00'
L3 - 01 o L16 N49'59'38 "E 47.63'
L2 CURVE LENGTH RADIUS DELTA CHORD
Li C1 144.85' 280.00' 29'38'25" S16'08'29 "W 143.24'
THE CITY OF DUBUQUE, IOWA
1
DUBUQUE, IOWA,
16 NORTH
GRAPHIC SCALE
(563) 556 -2464
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 B of Riverview Plaza in the City of Dubuque, Iowa, more particularly described as follows:
Commencing at the Southwest comer of said Riverview Plaza;
Thence North 66 degrees 28 minutes 15 seconds East, 8.51 feet along the Northerly right -of -way line of
East 16 Street (64 -foot right -of -way);
Thence North 01 degrees 19 minutes 16 seconds East, 374.21 feet to the Point of Beginning;
Thence North 18 degrees 06 minutes 20 seconds West, 25.28 feet;
Thence North 13 degrees 55 minutes 19 seconds West, 38.66 feet;
Thence North 05 degrees 50 minutes 35 seconds West, 38.34 feet;
Thence North 00 degrees 23 minutes 56 seconds East, 38.55 feet;
Thence North 07 degrees 01 minutes 27 seconds East, 38.48 feet;
Thence North 14 degrees 05 minutes 13 seconds East, 38.60 feet;
Thence North 20 degrees 30 minutes 42 seconds East, 48.25 feet;
Thence North 19 degrees 14 minutes 39 seconds East, 55.68 feet;
Thence North 12 degrees 09 minutes 20 seconds East, 61.39 feet;
Thence North 06 degrees 21 minutes 26 seconds East, 61.62 feet;
Thence North 01 degrees 52 minutes 56 seconds West, 61.96 feet;
Thence North 09 degrees 43 minutes 54 seconds West, 61.80 feet;
Thence North 16 degrees 59 minutes 24 seconds West, 32.25 feet;
Thence North 38 degrees 47 minutes 38 seconds East, 34.22 feet;
Thence North 41 degrees 25 minutes 38 seconds East, 50.00 feet;
Thence North 49 degrees 59 minutes 38 seconds East, 47.63 feet;
Thence South 13 degrees 34 minutes 25 seconds East, 198.03 feet;
Thence South 30 degrees 57 minutes 42 seconds West, 234.43 feet;
Thence southerly 144.85 feet along a curve concave to the East having a radius of 280.00 feet, a central
angle of 29 degrees 38 minutes 25 seconds, and whose chord bears South 16 degrees 08 minutes 29
seconds West, 143.24 feet;
RESOLUTION NO, 222-10
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 B 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 $375,000.00;
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 $375,000.00.
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 less 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