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Auto Glass Ctr, University FMV D~~@UE ~ck~ MEMORANDUM March 9, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Establishing Fair Market Value on Three Properties Needed for the Realignment of University Avenue to US 20 Public Works Director Mike Koch is recommending City Council approval of a resolution establishing the fair market value of three properties currently owned by Elm Real Estate, LC. (Auto Glass Center) at $138,500. These properties are needed as right-of- way for the realignment of University Avenue from Ethel Street to US 20 at the entrance to Theisen's. This is a step in the land acquisition process that could end up in the use of eminent domain. I concur with the recommendation and respectfully request Mayor and City Council approval. nJA ~ jÞJ1. MiclÍael C. Van Milligen - MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director \"10 sz:t:, D~ ~ck~ MEMORANDUM March 8, 2004 FROM: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director W'¿ J!~ TO: SUBJECT: Establishing Fair Market Value on Three Properties Needed for the Realignment of University Avenue to US 20 INTRODUCTION The enclosed resolution establishes the fair market value on three properties currently owned by Elm Real Estate, LC. (Auto Glass Center). With very recent changes in the eminent domain laws, the first step in the process of acquiring a parcel of property possibly needed for public right-of-way is for the City to have an appraisal performed on the possible properties acquired by eminent domain. The City Council must then establish the fair market values of the properties which cannot be less than the appraisal amount established by Council resolution. The authority to initiate eminent domain proceedings cannot be initiated until a good faith effort has been made to successfully negotiate the acquisition of the property. This requires a separate Council resolution. DISCUSSION On February 4, 2002, the City of Dubuque entered into a project agreement with the Iowa Department of Transportation to improve traffic flow along the US 20 Corridor by realigning University Avenue from approximately Ethel Street and connecting it to US 20 at the entrance to Theisen's. RECOMMENDATION I recommend that the City Council establish the fair market value of these acquisitions for right-of-way purchases as follows: Lot 2-2-1 of Lot 2 Mineral Lot 237 & Lot 2 Mineral Lot 238, and part of Lot 1 of Correction Plat of Mineral Lot 248 (Parcel 1) Lot 1-2-1 of Lot 2 Mineral Lot 237 & Lot 2 Mineral Lot 238, and Part of Lot 1 of Correction Plat of Mineral Lot 248 (Parcel 2) Lot 2 Newman Place (Parcel 3) Values taken from Felderman Appraisals and the Appraisal Review Report by Graham Land Acquisition Associates indicate that the fair market value for the above properties is estimated to be $138,500. BUDGET IMPACT This is a STP project which is funded with 80% of federal aid funds and 20% of City of Dubuque funds. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution establishing the fair market values of the above properties needed as right-of-way for the realignment of University Avenue from Ethel Street to US 20 at the entrance to Theisen's. , RESOLUTION NO. 100-04 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY ELM REAL ESTATE, LC IN THE CITY OF DUBUQUE, IOWA Whereas, certain real property owned by Elm Real Estate, LC, legally described as follows: Lot 2-2-1 of Lot 2 Mineral Lot 237 & Lot 2 Mineral Lot 238, and part of Lot 1 of Correction Plat of Mineral Lot 248 (Parcel 1) Lot 1-2-1 of Lot 2 Mineral Lot 237 & Lot 2 Mineral Lot 238, and Part of Lot 1 of Correction Plat of Mineral Lot 248 (Parcel 2) Lot 2 Newman Place (Parcel 3) as shown on Attachment A; and, Whereas, Iowa law requires the City to make a good faith effort to negotiate with the owner to purchase the property interests before proceeding with condemnation; and, Whereas, the City may not make an offer to purchase the property which is less than fair market value that the City has established for the property; and, Whereas, the City has caused an appraisal of the property to be made and the appraised value of the property is $138,500; and, Whereas, the City Council now desires to establish the fair market value of the property. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. That the fair market value of the three properties herein above is established to be $138,500. Section 2. The City Manager and Corporation Counsel are hereby authorized to commence negotiations with the owner of the property and any interested parties in the purchase of the property for a purchase price that is not less than the fair market value established by this resolution. Passed, adopted and approved this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk PLAT MAP ':;;~~"""" ...~~ ,«, '" ~"""-". \ \ \ \ \ ,z_~ \ ,~.._., '7f""'.'~'~'O'" "H~~~..""'.~'~ \ \ '" <>