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Property Acquistion_2113 Kniest StreetMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Restoration Project, Acquisition of 2113 Kniest Street (CIP #7201654) DATE: March 1, 2011 MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Michael C. Van Milligen Dubuque had AA,Amdlca City 11111 m 2007 City Engineer Gus Psihoyos recommends City Council approval to purchase property for $27,500 located at 2113 Kniest Street owned by Lloyd P. and Joann L. Schmitt for additional green space along 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 Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Restoration Project, Acquisition of 2113 Kniest Street (CI P#7201654) DATE: March 1, 2011 INTRODUCTION Dubuque N 4milacb 2007 The purpose of this memorandum is to request City Council approval to purchase a property required for the Bee Branch Creek Restoration Project at 2113 Kniest Street owned by Lloyd and Joann Schmitt. 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. On January 17, 2011 the City Council authorized the City manager to acquire 2109, 2113, and 2117 Kniest Street for the creation of additional usable, green space along the Bee Branch project. DISCUSSION The owners of the property, Lloyd P. Schmitt and Joann L. Schmitt, have agreed to sell 2113 Kniest Street for $27,500.00. The attached Exhibit A shows the location of the property. RECOMMENDATION I recommend that the City purchase 2113 Kniest Street for $27,500.00. BUDGET IMPACT The purchase price is within the budget for the property. It 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 owned by Lloyd P. Schmitt and Joann L. Schmitt at 2113 Kniest Street legally described as Lot 1 -1 -11 L. Kniest's Subdivision of part of Mineral Lot 314, all in the City of Dubuque, Dubuque County, Iowa. Prepared by Deron Muehring, Civil Engineer II cc: Jenny Larson, Budget Director RESOLUTION NO. 72-11 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY LLOYD P. SCHMITT AND JOANN L. SCHMITT 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 2001 "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: Lot 1 -1 -11 L. Kniest's Subdivision of part of Mineral Lot 314, in the City of Dubuque, Dubuque County, Iowa At the cost of Twenty Seven Thousand Five Hundred and 00/100 Dollars ($27,500.00). 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 7th day of Attest: 40 eanne F. Schneider, CMC, City Clerk , 2011. Roy D. Buol, Mayor Address: Exhibit A Bee Branch Creek Restoration Project Property Acquisition 2113 Kniest Street Legal Description: Lot 1 -1 -11 L. Kniest's Subdivision of part of Mineral Lot 314