Bee Branch Creek Restoration Project_Commercial Property AcquisitionMasterpiece on the Mississippi
Dubuque
herd
AFAmmicacnr
IIIII,
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Commercial Property Purchase for the Bee Branch Restoration Project,
501 Rhomberg Avenue
DATE: October 26, 2010
City Engineer Gus Psihoyos recommends City Council approval to purchase a
commercial property at 501 Rhomberg Avenue owned by Steven J. Smith and Gary L.
Carner for the appraised value of $90,000. This purchase is part of the acquisition
program associated with 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
Mic ael C. Van Milligen
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Commercial Property Purchase for the Bee Branch Restoration Project,
501 Rhomberg Avenue
DATE: October 22, 2010
INTRODUCTION
Dubuque
AA- AmeiicaCity
I'll!
2007
The purpose of this memorandum is to request City Council approval to purchase a
commercial property at 501 Rhomberg Avenue owned by Steven J. Smith and Gary L.
Carner as required for the Bee Branch Creek Restoration Project.
BACKGROUND
In December of 2001, the City Council formally adopted the Drainage Basin Master Plan
(DBMP) prepared by HDR Engineering (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 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.
In 2005, the City Council authorized the City Manager to enter into a contract with
Graham Land Acquisition Associates (now JCG Land Services, Inc.) to assist with the
acquisition of the commercial properties south of 16 Street required for the Bee Branch
project.
In May of 2010 the City Council passed Resolution 140 -10 establishing the fair market
value of 501 Rhomberg Avenue at the appraised value of $90,000 and authorizing the
City Manager to commence negotiations to acquire the property.
DISCUSSION
The owners of the property, Messrs Smith and Carner, have accepted an offer for
purchase in an amount equal to the appraised value of the property.
RECOMMENDATION
I recommend that the City purchase 501 Rhomberg for the appraised value of $90,000.
BUDGET IMPACT
The purchase will be funded from the FY2009 appropriation of $3,902,395 for property
acquisitions for the Bee Branch Creek Restoration Project (CIP #7201654).
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution authorizing the purchase of the
property at 501 Rhomberg owned by Steven J. Smith and Gary L. Carner legally
described as Lot 1 -11 & Lot 2 -12 Smedley's Subdivision, all in the City of Dubuque,
Dubuque County, Iowa.
Attach.
Prepared by Deron Muehring, Civil Engineer II
cc: Jenny Larson, Budget Director
Address:
Exhibit A
Bee Branch Creek Restoration Project Property Acquisition
501 Rhomberg Avenue
Legal Description: Lot 1 -11 & Lot 2 -12 Smedleys Sub
RESOLUTION NO. 429 -10
A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED
BY STEVEN J. SMITH AND GARY L. CARNER IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain properties
located in the area of the Bee Branch Creek Restoration Project for stormwater
mitigation activities as recommended in the Drainage Basin Master Plan; and
Whereas, a purchase agreement has been finalized with the owner of the
property scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of
the following legally described property:
Atte t:
Lot 1 of Lot 11 and Lot 2 of Lot 12, Smedley's Subdivision, all in the City of
Dubuque, Dubuque County, Iowa
At the cost of Ninety Thousand and 00/100 Dollars ($90,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to
accept a Quit Claim deed from the owner, conveying the owner's interest to the
City of Dubuque, Iowa for the herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed
to cause said Quit Claim Deed to be recorded in the office of the Dubuque
County Recorder, together with certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a
copy of this Resolution to the Dubuque County Assessor and the Dubuque
County Auditor.
Passed, approved and adopted this 1st day of November 2010.
eanne F. Schneider, CMC, City Clerk
oy D. Buol, Mayor
Prepared by: JCG Land Services, Inc., 1715 South G Avenue, Nevada, IA 50201 (515) 382 -1698
For: Deron L. Muehring, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4276
Parcel Number:
PURCHASE AGREEMENT
3 County: Dubuque
Project Number: Dubuque Bee Branch & DM & E Railroad Route Number:
Seller: Ruth Jurisic (Fee), Joseph G. Jurisic, Jr. and Marilyn A. Jurisic (Contract). Steven J.
Smith and Gary L. Carner (Contract)
THIS AGREEMENT entered into this day of 2010, by and
between Seller and City of Dubuque, in Dubuque County, Iowa, Buyer.
la. The Seller agrees to sell and furnish to the Buyer a conveyance document, on form(s) furnished by
the Buyer, and the Buyer agrees to buy the following real estate, hereinafter referred to as the
premises, situated in parts of the following Lot 1 -11 & Lot 2 -12 Smedlevs Sub. City of Dubuque, in
the County of Dubuque, State of Iowa, and more particularly described on page
including the following buildings, improvements and other property:
All land, trees, shrubs, landscaping and surfacing attached to the premises sought and described
herein.
lb.
locations
1c. Tho Sollcr also grants to tho Buyer a temporary cosomont as shown on the
, and as shown
attached as pago for Ma purpose of
2. The Buyer agrees to pay, and the Seller agrees to grant, the right of possession, convey title ad
surrender physical possession of the premises as shown on or before the dates listed below.
Payment Amount Agreed Performance Date of Performance
$ On conveyance of title
$ On surrender of possession
$ 90,000.00 On possession and conveyance 60 days after buyers approval
$ 90,000.00 Total Lump -Sum Amount
Breakdown Ae:FSq.Ft.
Land by fee title 1,985 sq. ft. Fence rods woven
Underlying fee title Fence rods barbed
Permanent easement
DISTRIBUTION: TWO COPIES RETURNED TO BUYER. ONE COPY RETAINED BY SELLER.
3. Possession of the premises is the essence of this agreement and the Buyer may enter and assume
full use and enjoyment of the premises per the terms of this agreement. The Seller grants the Buyer
the immediate right to enter the premises for the purpose of gathering survey and soil data. The
Seller may surrender possession of the premises, building, improvement, or any part thereof, prior to
the time that he /she /they has agreed to do so, and agrees to give Buyer 10 days notice of the
Seller's intention to surrender possession by calling the Buyer.
4. The Seller warrants that there are no tenants on the premises holding under lease, except:
5. This agreement shall apply to and bind the legal successors in interest of the Seller, and the Seller
agrees to pay all liens and assessments against the premises, including all taxes and special
assessments payable until surrender of possession, as required by the Iowa Code section 427.2 and
agrees to warrant good and sufficient title. Names and addresses of lien holders are:
6. The Buyer may include mortgagees, lien holders, encumbrances, and taxing authorities as payees
on warrants issued in payment of this agreement. In addition to the total lump -sum payment
amount, the Buyer agrees to pay $100.00 for the cost of adding title documents required by this
transaction to the Seller's abstract of title. If requested to do so, the Seller will deliver to City of
Dubuque, in Dubuque County, Iowa, an abstract of title to the premises. The Buyer agrees to pay
the cost of abstract continuation. The Seller agrees to provide the documents as may be required by
Iowa Land Title Standards to convey merchantable title to the Buyer. The Seller also agrees to
obtain court approval of this agreement, if requested by the Buyer, in the event title to the premises
becomes an asset of any estate, trust, conservatorship or guardianship. The Buyer agrees to pay
court approval costs and all other costs necessary to transfer the premises to the Buyer, except
attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or
signed invoices.
7. The Buyer agrees that any agricultural drain tiles that are located within the premises that are
damaged or require relocation by highway construction shall be repaired or relocated at no expense
to the Seller. Where the Buyer specifically agrees to construct and maintain fence, the fence shall
be constructed and maintained for vehicle access control purposes at no expense to the Seller. The
Buyer has the right of entry upon the Seller's remaining property along the right -of -way line, if
necessary, for the purpose of connecting the drain tile, and constructing and maintaining the fence.
The Seller may pasture against the fence at his /her /their own risk. The Buyer will not be liable for
fencing private property or maintaining it to restrain livestock.
8. If the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as
tenants in common at the time of this agreement, the Buyer will pay any remaining proceeds to the
survivor of that joint tenancy, and will accept title solely from that survivor, provided the joint tenancy
has not been destroyed by operation of law or acts of the Seller.
9. These premises are being acquired for public purposes. This transfer is exempt from the
requirements for the filing of a "Declaration of Value in accordance with Iowa Code section 428A.1.
10. The premises also includes all estates, rights, title, and interests, including all easements, and all
advertising devices and the right to erect such devices as are located thereon. The Seller consents
to any change of grade of the highway and accepts payment under this agreement for any and all
damages arising from those changes. The Seller acknowledges full settlement and payment from
the Buyer for all claims per the terms of this agreement, and discharges the Buyer from liability
because of this agreement and the construction of the public improvement project.
11. The Seller states and warrants that, to the best of the Seller's knowledge, there is no burial site, well,
solid waste disposal site, hazardous substance or underground storage tank on the premises,
except:
Seller's signature and claimant's certification: Upon due approval and execution by the Buyer, the
undersigned sellers/claimants certify the total lump -sum payment amount shown here is just and unpaid.
X
Name.
Address:
City, State, Zip Code
„a. AL
(NOTARIAL SEAL)
Buyer's Approval
(NOTARIAL SEAL)
Steven J. Smith
This section to be completed by a Notary Public,
Seller's Acknowledgment
STATE OF }}
COUNTY O k "' } ss:
On this 10 day of'�J° I C , A.D.
2010, before me, the undersigned, a notary public in
ar}d or said state pgrso Ily appeared
Cei
- to me personally known; or
-- proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are subscribed
to the within instrument and acknowledged to me that
he/she/they executed the same in his /her /their
authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
(Sign in ink)
Notary Public in and for the State of
My commission expires
om iSended by: Project Agent
Buyer's Acknowledgment
STATE OF IOWA }
COUNTY OF DUBUQUE } ss:
(Print/type name)
X
Nam
Address:
City, State, Zip Co
MyQoiniloe Egan
(Date)
(Date)
L. Carner
Both Columns must be completed.
apacity Claimed by Signer
rf Individual
Corporation
Title(s) of Corporate Officer(s)
Corporate Seal is affixed
- No corporate seal procured
- Limited partnership
General partnership
Attorney -in -fact
Executor(s) or trustee(s)
Guardian(s) or conservator(s)
Other
Signer is representing
List name(s) of entity(ies) or person(s)
On this day of 2010, before me, the undersigned, personally
appeared known to me to be the
of the Buyer and who did say that the instrument was signed on behalf of the Buyer by its authority duly
recorded in its minutes, and said acknowledged the execution of the instrument, whose
signature appears hereon, to be the voluntary act and deed of the Buyer, and by it voluntarily executed.
Notary Public in and for the State of Iowa