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Bee Branch Creek Restoration Project_Acquistion of 316 E. 24th StreetMasterpiece on the Mississippi Dubuque httil AI- America City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Restoration Project, Acquisition of 316 E. 24th Street (CIP 7201654) DATE: August 30, 2011 City Engineer Gus Psihoyos recommends City Council approval to purchase property located at 316 E. 24th Street owned by Melvin and Theresa Spiegelhalter for the appraised value of $67,000. 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. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi Dubuque bitid Al-America City 2007 TO: Michael Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Restoration Project, Acquisition of 316 E. 24th Street (CIP 7201654) DATE: August 26, 2011 INTRODUCTION The purpose of this memorandum is to request City Council approval to purchase property required for the Bee Branch Creek Restoration Project at 316 E. 24th Street owned by Melvin and Theresa Spiegelhalter. 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 June 2, 2011, the City Council approved the acquisition of additional property for the Bee Branch Creek Restoration Project to create a safe, compelling connection between Comiskey Park and the Bee Branch linear park. DISCUSSION The owners of the property, Melvin and Theresa Spiegelhalter, have agreed to sell 316 E. 24th Street for the appraised value of $67,000. The attached Exhibit A shows the location of the property. RECOMMENDATION I recommend that the City purchase 316 E. 24th Street for $67,000.00. 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 Melvin and Theresa Spiegelhalter at 316 E. 24th Street legally described as Lot 1 of Lot 1 of Lot 2 of Lot 107 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded plats thereof, County of Dubuque, State of Iowa. Prepared by Deron Muehring, Civil Engineer II cc: Jenny Larson, Budget Director Deron Muehring, Civil Engineer 2 RESOLUTION NO. 293 -11 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MELVIN AND THERESA SPIEGELHALTER 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 of Lot 1 of Lot 2 of Lot 107 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded plats thereof, County of Dubuque, State of Iowa. At the cost of Sixty Seven Thousand and 00/100 Dollars ($67,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty 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 Warranty 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. Attest: Passed, approved and adopted this 6th day of September , 2011. ev. S. Fir stahl, Acting City Clerk Roy D'. Buol, Mayor Exhibit A Bee Branch Creek Restoration Project Property Acquisition Address: 316 E. 24th Street Legal Description: Lot 1 of Lot 1 of Lot 2 of Lot 107 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded plats thereof, County of Dubuque, State of Iowa.