University Realign 20 Comp Est
D~
~ck.~
MEMORANDUM
April 27, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Authorizing the Use of Compensation Estimates for the Acquisition of
Temporary Construction Easements on Three Properties for the
Realignment of University Avenue to US 20
Assistant City Engineer Gus Psihoyos recommends that City Council use
Compensation Estimates on three properties of low fair market value ($10,000 or less)
currently owned by: Thomas T. and LeeAnn Frost; Best Car Washes Ltd. (Owner),
University Carwash, Inc. (Tenant); and James E. and Linda Stark (Owners), Colonial
Terrace Animal Hospital, P.C. (Lessee). These properties are needed as temporary
construction easements for the realignment of University Avenue from Ethel Street to
US 20 at the entrance to Theisen's. A preliminary value of $1 ,080 has been estimated
for the sum of these three parcels based on the land use for one year of construction, or
10% of the value.
A Compensation Estimate may be used when no permanent interest in land is acquired
and damages caused by the acquisition, which are not cured by the construction of the
project, can reasonably be measured by a cost to cure. All three properties noted
above involve compensation for temporary construction easements for the University
Avenue connection to US 20 as it relates to reconstruction of existing driveways into
each property. Negotiations will be based on the appraisal and comparable sales
indicated in the abutting property owned by Elm Real Estate, LC., (Auto Glass Center).
I concur with the recommendation and respectfully request Mayor and City Council
approval.
f!)uJJ LJ~ ~
Michael C. Van Milligen (;y¡¡ )
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Assistant City Engineer
D~
~ck.~
MEMORANDUM
April 27, 2004
FROM:
Michael C. Van Milligen, City Manager ()
Gus Psihoyos, Assistant City Engineer ~. Y.
TO:
SUBJECT: Authorizing the Use of Compensation Estimates for the Acquisition of
Temporary Construction Easements on Three Properties for the
Realignment of University Avenue to US 20
INTRODUCTION
The enclosed resolution authorizes the use of Compensation Estimates on three
properties of low fair market value ($10,000 or less) currently owned or leased by
Thomas T. and LeeAnn Frost; Best Car Washes Ltd. (Owner), University Carwash,
Inc. (Tenant); and James E. and Linda Stark (Owners), Colonial Terrace Animal
Hospital, P.C. (Lessee).
The Iowa Code authorizes the Acquiring Authority to prescribe a procedure to waive
the appraisal in cases involving the acquisition of property with low fair market value.
A Compensation Estimate may be used when no permanent interest in land is
acquired and damages caused by the acquisition, which are not cured by the
construction of the project, can reasonably be measured by a cost to cure. All three
properties noted above involve compensation for temporary construction easements
for the University Avenue connection to US 20 as it relates to reconstruction of
existing driveways into each property. Negotiations will be based on the appraisal
and comparable sales indicated for the abutting property owned by Elm Real Estate,
L.C. (Auto Glass Center).
A separate City Council resolution is required to authorize this procedure.
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. These are the only temporary construction
US 20 at the entrance to Theisen's. These are the only temporary construction
easements anticipated for the project. A preliminary value of $1,080 has been
estimated for the sum of these three parcels based on the land use for one year of
construction or 10 percent of the value.
RECOMMENDATION
I recommend that the City Council authorizes the use of compensation estimates to
negotiate the value of temporary construction easements necessary for the
realignment of University Avenue to US 20 and that the appraisal for Elm Real
Estate, L.C. with comparable sales information be used as a basis for negotiations
for the following properties:
Lot 1 of Lot 1 of Lot 2 of Mineral Lot 242 and Lot 2 of Lot 2 of Lot 2 of Mineral
Lot 242 and Lot D of Mineral Lot 242, all in the City of Dubuque, Iowa
Lot 2 of Lot 1 of Lot 1 of Correction Plat of Lot 2 of Lot 1 of Lot 2 of "Bonson
Farm Subdivision"; Lot 2 of the Subdivision of Lot 2 of Lot 1 of Correction Plat
of Lot 2 of Lot 1 of Lot 2 of "Bonson Farm Subdivision"; Lot 2 of the
Subdivision of Lot 1 of Lot 2 of Lot 2 of Correction Plat of Mineral Lot 248; and
Lot 2 of Lot 1 of Lot 2 of Correction Plat of Mineral Lot 248, each being in
Section 27, Township 89 North, Range 2 East of the 5th Principal Meridian,
being in Dubuque Township, Dubuque County, Iowa, now in the City of
Dubuque, Iowa, according to the recorded Plats thereof, subject to highway
and easement of record
Lot 1 of Sub. of Lot 1 of Lot 2 of Lot 2 of Correction Plat of Mineral Lot 248;
and Lot 1 of Sub. of Lot 2 of Lot 1 of Correction Plat of Lot 2 of Lot 1 of Lot 2
of "Bonson Farm Subdivision"; each being in Section 27, Township 89 North,
Range 2 East of the 5th Principal Meridian, being in Dubuque Township,
Dubuque County, Iowa, now in the City of Dubuque, Iowa, according to the
recorded plats thereof, subject to highway and easements of record
BUDGET IMPACT
This an 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 authorizing the use of
Compensation Estimates for the above properties needed as temporary construction
easements for the realignment of University Avenue from Ethel Street to US 20 at
the entrance to Theisen's. .
RESOLUTION NO. 180-04
AUTHORIZING THE USE OF COMPENSATION ESTIMATES FOR THE
ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS ON
PROPERTY OWNED OR LEASED BY THOMAS T. AND LEE ANN FROST,
BEST CAR WASHES, L TD , UNIVERSITY CARWASH INC. , JAMES E. AND
LINDA STARK, AND COLONIAL TERRACE ANIMAL HOSPITAL, P.C. FOR
THE UNIVERSITY AVENUE EXTENSION PROJECT
Whereas, the City of Dubuque (City) intends to acquire temporary
construction easements on certain real property owned or leased by Thomas T.
and Lee Ann Frost, Best Car Washes, Ltd., University Carwash Inc., James E.
and Linda Stark, Colonial Terrace Animal Hospital, P.C., legally described as
follows:
Lot 1 of Lot 1 of Lot 2 of Mineral Lot 242 and Lot 2 of Lot 2 of Lot 2 of
Mineral Lot 242 and Lot D of Mineral Lot 242, all in the City of Dubuque,
Iowa;
Lot 2 of Lot 1 of Lot 1 of Correction Plat of Lot 2 of Lot 1 of Lot 2 of
"Bonson Farm Subdivision"; Lot 2 of the Subdivision of Lot 2 of Lot 1 of
Correction Plat of Lot 2 of Lot 1 of Lot 2 of "Sonson Farm Subdivision"; Lot
2 of the Subdivision of Lot 1 of Lot 2 of Lot 2 of Correction Plat of Mineral
Lot 248; and Lot 2 of Lot 1 of Lot 2 of Correction Plat of Mineral Lot 248,
each being in Section 27, Township 89 North, Range 2 East of the 5th
Principal Meridian, being in Dubuque Township, Dubuque County, Iowa,
now in the City of Dubuque, Iowa, according to the recorded Plats
thereof, subject to highway and easement of record; and
Lot 1 of Sub. of Lot 1 of Lot 2 of Lot 2 of Correction Plat of Mineral Lot
248; and Lot 1 of Sub. of Lot 2 of Lot 1 of Correction Plat of Lot 2 of Lot 1
of Lot 2 of "Sonson Farm Subdivision"; each being in Section 27,
Township 89 North, Range 2 East of the 5th Principal Meridian, being in
Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque,
Iowa, according to the recorded plats thereof, subject to highway and
easements of record
as shown on Exhibits A, B, and C attached hereto; and
Whereas, Iowa law allows City to waive the appraisal process in cases
involving acquisitions of property with low fair market value; and
Whereas, City has established values in the location of the Project with an
appraisal for Elm Real Estate, LC.; and
Whereas, City now desires to use compensation estimates to determine
the value of these temporary construction easements; and
Whereas, the City Council finds that it is appropriate to use the
compensation estimates to allow City to negotiate the acquisition of the
temporary construction easements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Manager and Corporation Counsel are hereby
authorized to use compensation estimates to negotiate the acquisition of the
above-described temporary construction easements.
Passed, approved and adopted this 3rd day of May, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
l5es-r '\)
CAR'v../.4ShlIi?S I L
'\)
ø
J 11[5 f. :.-"
X
L-
IOWA DEPARTMENT OF TRANSPDRTATlON
HIGHWAY DIVISION
PLOT PLAN
1/1
PARCEL NO.:
004
OWNER: THOMAS T. &: LEE ANN FROST
SECTlON:------T-------R------
SCALE:1"- 40'
LEGEND
CITY
W.o. OR """ENT UN.
ACCESS' P~NT,
....
'J-
OF
DUBUQUE
N
~
/
/
(i) LOT o OF MINERAL COT 242
ø LOT 1 OF LOT 1 OF COT 2 OF MJNERAL LOT 242
ø LOT 2 OF LOT 2 OF LOT 2 OF MINERAL LOT 242
DUBUQUE
. PROJECT NO.:
STP-U-2100(623)-- 70-3'1
,"290jO2\ew,,\CS\CS-PLTOO4.OWG (JHUTTON)
J~""" 20. 2004 ',,",,47 p.m.
. . ..
4/hc;,1m.ir;f »
COUNTY:
IOWA DEPARTMENT OF TRANSPORTATlON
HIGHWAY DIVISION
PLOT PLAN
1/1
PARCEL NO.:
OD7
OWNER: e.\!.fΠC, S,',RI( B_...+ C"",..,^""",h..."" L-td. .
SECTION:_T_-R-
SCALE:,"= 50'
LEGEND
W.D.- 0' EASEMENT UN~
....
,J,
CITY
ACCESS POINT,
OF
DUBUQUE
PR""'Fm" UN"
-
N
I
",#
.ød<
/
I
<,-,~I"
.J.~
<f:
DUBUQUE
-----
.""""'~
50- UH=-
I
STP-U-21 00(623)-- 70-31
PROJECT NO.:
"""0]O2\0.".\O5\C5-PLlO07.OW, ('HUTTON)
J""", 20, 200' 5-.40,42 p.m.
---------------
47þc/?/i7ePJf
"'--Pr-
ø
-,
IOWA DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
PLOT PLAN
1/1
PARCEL NO.:
008
OWNER: JAMES E. STARK, DVM
SECTION: ------ T - -R--,-
SCALE:1"= 50'
UE~ND
w.o. OR EASEMENT UN.
....
'1'
CITY
OF
DUBUQUE
ACCESS POINT,
PROI'E!<IYUNO
-/
.ø°'
N
~
/
COUNTY:
DUBUQUE
PROJECT ND.:
"',.OjO2\OW,,\CS\CS-PLTOOB_OWG (JHUTTON)
J,",,'Y 2O, 2004 ""0~7 p.m.
/7II-acl;m~ T
",(/,,------.-