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Railroad Ave vacate HyVee req D~~mE ~<k~ MEMORANDUM August31,2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - Railroad Avenue '" In response to a request from HY-VEE, Inc. to vacate Railroad Avenue from Locust Street to Harrison Street, Acting Public Works Director/City Engineer Gus Psihoyos states that the City has no plans for the utilization of that portion of Railroad Avenue to be vacated, after the public utilities have been relocated. Acting Public Works Director/City Engineer Gus Psihoyos recommends City Council approval of the vacation of Railroad Avenue from Locust Street to Harrison Street, that the purchase price be established by City Council, plus the relocation of all utilities, platting, publication and filing fees, and that a public hearing be set for September 20, 2004. Hy-Vee is taking the position that the cost to them for the land should be $1.00 because the cost to relocate the utilities is $269,240, which is greater than the $117,000 appraised value of the property if there were no utility relocates. At the public hearing, I will advocate that the City ask $117,000 for the property plus all costs, including utility relocation. The City of Dubuque owns a piece of very valuable property near a major intersection with very high traffic counts, good visibility and already existing access. I recognize that the property has high development costs, but this is neither an urban blight area nor a targeted industry and, therefore, I do not believe there is a reason to discount the land. I concur with the recommendation to vacate the property and set a public hearing and respectfully request Mayor and City Council approval. 111{)tl V"lf2LfL Mich~el C. Van Milligen ------- MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Acting Public Works Director/City Engineer Gus Psihoyos D~ ~<k~ MEMORANDUM August 30, 2004 FROM: Michael C. Van Milligen, City Manager Q Gus Psihoyos, Acting Public Works Director .~. "? TO: SUBJECT: Vacating Petition - Railroad Avenue INTRODUCTION This is in response to a request from HY-VEE, Inc. for the vacating of Railroad Avenue from Locust Street to Harrison Street dated July 1, 2004. DISCUSSION The attached plat shows the area of Railroad Avenue from Locust Street to Harrison Street proposed to be vacated. The abutting properties are owned by or are under purchase agreement with HY-VEE, Inc. The area to be vacated is divided into one lot numbered Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa. Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa, is an existing 64-foot wide street on which public utilities exist. These utilities will be relocated at the expense of HY- VEE, Inc. according to plans approved by City Engineering. The property has been appraised at $5.05 per square foot, for a total of $117,000, "as if vacant" prior to a Plat of Survey of the proposed vacating. The appraised value was then adjusted by Felderman Appraisals for the relocation of sanitary sewer, watermain, gas main, electricity, and telephone. The total utility relocation costs are estimated to be $269,240. Performance and two maintenance bonds will be required for sanitary sewer and watermain relocation costs prior to the recording of the deed. RECOMMENDATION The City has no plans for the utilization of the Railroad Avenue from Locust Street to Harrison Street to be vacated after the public utilities have been relocated. I would recommend that the area indicated by Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa, on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on September 20, 2004. I would further recommend that the purchase price be established by City Council, plus the relocation of all utilities, platting, publication and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions and ordinance. Prepared by Ronald J. Turner, P.L.S. cc: HY-VEE, Inc. RESOLUTION NO. 342-04 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 1A OF EAGLES PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, HY-VEE, Inc. has requested the vacating of Railroad Avenue from Locust Street to Harrison Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Railroad Avenue from Locust Street to Harrison Street and assigned lot number thereto, which hereinafter shall be known and described as Lot 1A of Eagles Place in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this Railroad Avenue from Locust Street to Harrison Street is no longer required for public use, except for relocation of utilities, and vacating and sale of said street known as Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 1A of Eagles Place in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 1A of Eagles Place in the City of Dubuque, Iowa to HY-VEE, Inc. be contingent upon the payment of $117,000, plus platting, publication and filing fees. Section 3. The relocation of all utilities affected by the vacating of Railroad Avenue from Locust Street to Harrison Street be engineered, constructed, and inspected at the expense of HY-VEE, Inc. in accordance with the City of Dubuque Standards and SpecifICations. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 7'h day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION APPROVING PLAT OF PROPOSED VACATED RAILROAD AVENUE FROM LOCUST STREET TO HARRISON STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 11th day of August, 2004, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Railroad Avenue from Locust Street to Harrison Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 11th day of August, 2004, prepared by IIW Engineers & Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The relocation of all utilities affected by the vacating of Railroad Avenue from Locust Street to Harrison Street be engineered, constructed, and inspected at the expense of HY-VEE, Inc. in accordance with City of Dubuque Standards and Specifications. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this day of 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk GRAPHIC SCALE 300 0 150 300 ~ T (IN FEET) 1 INCH = 300' PREPARED BY. IIW ENGINEERS" SURVEYORS P.C. .,.. PENNSYLVANIA AVE. DUBUQUE, IOWA. (55') 55.-2464 PLAT OF SURVEY LOT 1A OF EAGLES PLACE IN THE CITY OF DUBUQUE. IOWA A VACATED PORTION OF RAILROAD AVENUE LYING WEST OF THE WESTERLY RIGHT-OF-WAY liNE OF HARRISON STREET AND EAST OF THE EASTERLY RIGHT-OF-WAY liNE OF SOUTH LOCUST STREET, AND A PORTION OF REAL ESTATE RESERVED FOR ROAD PURPOSES RECORDED IN PLAT BOOK 15, PAGE 68, DUBUQUE COUNTY RECORDER'S OFFICE, ALL IN THE CITY OF DUBUQUE, IOWA \ "5- ~~ ";..'a CAP NO. 535B 'i'O íß þ.'>I. '*~ ,a.Oþ.Q 0:>'" -' '" ú' ~~V~¡" 1'. ~~~~. ::-' .~Ó~ 't-"""'~ ¡,¡,"'.,; ""ç>~'....~~~1~.'~ 5 ~,., iØ. \.-~~~~\9 EAGLES PLACE ~ \ '" ~ "'-. ¡;;. \ '!>. '<1 \ 'ð.\ ú' ::-'~ \ ... 'ß 1- ~ ~ ~ .96' b.s-. <Q '6'6':.90 c¿ ~ ~ ~ LOT I EAGLE5 PLACE \ \ \ PART Of LOT 1-1-1-1 HENRY A. ROBINSON INOUSTRIAL SUBO. -o;¡' ~ç,-,'Iþ, "",~ 't.'t", ~ 'f¡",,' '" i, C1 !"9'~ \ <::. '"'1"'-' \ HENRY A. ROBINSON \ 'ó> 'i^ ~ ~NDUSTRIAL SUBD. \{ "'~ \ 9'<a, ~ """ - PLAT BOUNDARY . ~~~~C5~~~ '~gN :s"~JY~D . IRON T-BAR UNLESS NOTED 0 ~Ers~tcl~0%oRO,D26y, I!Þ SET NAIL W! WASHER NO. 12631 ( ) RECORD INFORMATION R.O.W. RIGHT-OF-WAY PART OF LOT 2-1-1-1 \ \ ~ \ NORTH \ \ HQ1E THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORO AND NOT OF RECORD. '20 , I ," = 60' DRAVv1NG MAY HAVE BEEN REDUCED 0 I GRAPHIC SCALE 60 TOTAL AREA SURVEYED: 21,954 SQ. FT. SURVEYED FOR, HY-VEE, INC. PROPRIETOR: CITY OF OUBUQUE OATE OF SURVEY: JULY 2004 """"'ï'o"w~"""',,, l}"~~~'~~>{:\ %-;,~ LS 12631},:'¥ %S>,.""""....Y/' """"~"'~,,~,~,~"'>"'" I HEREOY CER'FY 1MAT 1MIS '-'ND SUR'IE~NG DOCUMENT WAS PREPARED AND 1ME RElAltD SURVEY WORK WAS PERFORMED BY WE DR UNDER WY DIRECT PERSOHAL SUPER~9DN AND 1MAT I .... A DU" UCENSED '-'ND SUR'lEYOR UNDER 1HE LAWS OF 1ME STAlE OF IOWA. I'TI7n t!W ENGINEERS & ~ SURVEYORS, P.c. FDR;?j=-l,~:: 8/;,104 JOH?mAHWER ~ , "AlE UCENSE ND. "631 WY UCENSE RENEWAL DAlE IS "/>1/200< Ioeo, 1111"°1" 11'100°"'1" 4155 p'M"'~"'o A_. D"b"q"', IA 52DO2 5".55..2464 H.,e' G...". WI PAGES DR SHEETS CO'IERED BY "S SEAL SHEm 1 . , ON" DR4WN SAF PLAT NO. O'-IA-DO CHECKED "'T PROJ. NO. D376B-D2 DAlE 6-10-04 SHEET 1 of 2 P. D' TDD 760 03760-D2VAC ~OHNSON COMPANY Commercial Real Estate Brokerage, Development and Management August 12, 2004 VIA FAX (563-589-4205) and U.S. MAIL Mr. Ron Turner Engineering Department City Hall 50 West 13th Street Dubuque, IA 52001 RE: Hy-Vee Dubuque, Iowa Dear Mr. Turner: This letter refers to the current plans for Hy-Vee to demolish the former Eagle Supermarket on West Locust Street, acquire additional property, and construct a new Hy-Vee Store of approximately 78,500 square feet. In order to develop this store, it wiII be necessary to vacate Railroad A venue and relocate the existing utilities. Since the utilities are very large, the expense to relocate the utilities is expected to exceed $250,000, Hy-Vee was previously advised that the right-of-way for Railroad Avenue was appraised at $1 17,000. However, the appraiser did not consider the cost of utility relocation in establishing this value. We would appreciate it if you could review this information with your appraiser in hopes that the fair market value of this property could be reduced to reflect the extraordinary cost for utility relocation. Hy- V ee would be glad to provide any additional information to your staff to assist in the appraisal of this land. Since this property is located in a fully developed area, the extraordinary cost to relocate some of the existing utilities is substantial. We appreciate your review of this matter. Sincerely, Tþ:~MP ANY Bob Johnson RHJ/an cc: Dennis Ausenhus (via Fax - 515-267-2967) Randy Downs (via Fax - 515-267-2935) A ChainLinks.company 801 West 47th StrBet. SuitB 219' Kansas City, MissQuri 64112' TBlephQne: 816/561-5111' Fax: 816/S61-S551 . www.rhjQhnsQn.cQm Felderman Apprsisals 1179 Iowa Street, Dubuque, lA 52001 (563) 557-1465 Office; (563) 588-4214 Fax Web site: www.feidennans,com August 17, 2004 City of Dubuque Engineering Dept Ron Turner 50 W. 13th Street Dubuque, lA 52001 RE: Railroad Avenue (to be vacated) Appraisal, effective date 24 May 2004. 2004. This is not a stand-alone document, and refers to the original report dated 24 May As per your request for comments regarding the estimated costs to remove the underground utilities on the subject lot. The appraiser was provided infonnation that indicates a total cost of $269,240 (sanitary sewer $44,440, water main $74,800, gas $40,000, electricity $70,000, telephone $40,000). The original appraisal detennined an estimated market value of$117,OOO. If the actual costs to make this site usable exceed the detennined value, then the site has no current value. ~ R. J. Feldennan I ----;t\JL-01-2004 THU 11:07 AM FAX NO, 5152672967 p, 01102 /l7';!~ - ~Cdf¿J nqVo@. July 1, 2004 VIA FACSIMILE 563-589-0890 VIA OVERNIGHT MAIL The Honorable Mayor Te/TIlllce Duggall and City Council Members clo City Clerk Jeanne Sclmeidcr City Hall 50 West 13th Strc:et Dubuque, IA 52001 Re: Request for Street Vacation and Purchase Proposed Hy-VeeFood Store No.3 - Dubuque, Iowa () C> .t.- "'" ~ ~~: m ..>~ ~~ r- 'T1 I ) co. u. II r ~ '-..... 5' ,- ,TJ ["5 'J ,,~ CD - Dear Mayor Duggan and City Council Members: Hy- Vee, Inc. would request that consideration be given to vacating Railroad Avenue between HaITison Street and West Locust Street. Upon vacation, we'd request that Hy-Vee be allowed to purchase that portion of real estate from the City of Dubuque in order to include it in the land area that would be used in redeveloping a new Hy-Vee Food Store. Hy- Veo, Inc. presently owns the previously occupied Eagle Food Store parcel adjacent to Railroad Avenue and has the property directly sO't:tth of Railroad Avenue also under contract. We are proposing to combine all three parcels of property into one ownership, allowing LL~ to develop anew, modem. 21" Century Hy-Voe Food Store. We would propose to construct II new approximately 70,000 square foot food store with a 4,200 square foot Hy- V ee Gas Station out in front adjacent to the existing Burger King outlot. Our preliminary plans would also includc a car wash to he developed by others immediately east and adjacent to the fly-Vea Gas parcel. Our proposal would require reroLltíng existing Utilities in the Railroad Avenue right-of-way. We arc presently in contact with each of the respective utility comparues relative to rclocatioT1 alignment, cost, and scheduJing. We have contacted the Engineering Department, and they have indicated a favorable condition for the vacating but may need casements reserved for uti lilies, We undcrst;md that the vacated area would need to be surveyed and platted at our expense and a fee paid for the parcel plus publication artd tiling fees. Ple.1Se call me at 515-267-2837 ¡fyou have questions. HyNee, Inc. 5820 We,rawn Pari<way. West Des Moin." low. 50266 Phone: 1515) 267-2800 ,l-01-2004 THU 11:07 AM FAX NO, 5152672967 P. 02/02 The Honorable Mayor Terrance Duggan and City Council Members July I, 2004 Page 2 If this meets with approval, we would request an opportunity to negotiate the purchase price of this parcel to the mutual satisfaction of both parties. We appreciate your cooperation and assistance, and look forward to working with the City as we pursue the rcdevelopmellt of this retail area. Thank you. Sincerely, DAita ~ Sr. Vice President, Real EstatclEngineering pc: ROll Pearson Ric Jurgens Ken Waller James D, Meyer Mark Brauer Bob Johnson Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13'" Street, DubuquB, IA 52001 (563) 589-4270 ORDINANCE NO. ORDINANCE VACATING RAILROAD AVENUE FROM LOCUST STREET TO HARRISON STREET Whereas, HY-VEE, Inc, has requested the vacating of Railroad Avenue from Locust Street to Harrison Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Railroad Avenue from Locust Street to Harrison Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Railroad Avenue from Locust Street to Harrison Street is no longer required for public use, and that existing utilities will be relocated at the expense of HY-VEE, Inc. and vacating of said portion of Railroad Avenue from Locust Street to Harrison Street known as Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa should be approved, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the real estate described as Lot 1A of Eagles Place in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The relocation of all utilities affected by the vacating of Railroad Avenue from Locust Street to Harrison Street be engineered, constructed, and inspected at the expense of HY-VEE, Inc. in accordance with City of Dubuque Standards and Specifications. Passed, approved and adopted this day of ,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A OF EAGLES PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this - day of , 2004, the City Council of the City of Dubuque, Iowa met on the day of , 2004, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the sale of City of Dubuque real property described as Lot 1A of Eagles Place in the City of Dubuque, Iowa to HY-VEE, Inc. be and the same is hereby approved for the sum of $117,000, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed, Section 2. The relocation of all utilities affected by the vacating of Railroad Avenue from Locust Street to Harrison Street be engineered, constructed, and inspected at the expense of HY-VEE, Inc. in accordance with City of Dubuque Standards and Specifications. Section 3 That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to HY-VEE, Inc. upon receipt of the purchase price in full, Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. 2004. Attest: Passed, approved and adopted this Jeanne F, Schneider, CMC, City Clerk day of Terrance M. Duggan, Mayor ACCEPTANCE OF RESOLUTION NO. I, the undersigned, , representing HY-VEE, Inc., having read the terms and conditions of the Resolution No. _-04, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa, this day of 2004. By: