Pre-Construction Agreement, U.S. 20 from Swiss Valley to Devon Dr.
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RESOLUTION NO 321-00
RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA
DEPARTMENT. OF TRANSPORTATION RELATING TO EARLY RIGHT-
OF-WAY ACQUISITIONS FOR FUTURE HIGHWAY IMPROVEMENTS IN
THE U.S. 20 CORRIDOR
Whereas, the Department of Transportation has prepared and submitted to the City
Council for approval, an agreement relating to the relative responsibilities of the Iowa
Department of Transportation to allow the early acquisition of right-of-way for corridor
preservation and property ownership economic hardship cases; and
Whereas, the City of Dubuque approves the terms and conditions of said
agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Right-of-Way Agreement for City Street Relocations and/or
Reconstruction, No. 2000-1-182, consisting of an agreement for the reconstruction of U.S.
20 from the west corporation line easterly to Devon Drive, be approved.
Section 2. That the City Manager be authorized and directed to execute two (2)
copies of the right-of-way agreement, and forward the executed copies to the Iowa
Department of Transportation for their approval.
Passed, adopted and approved this 17th day of July
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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STAFF ACTION:
RIGHT OF WAY AGREEIVIENT FOR
CITY STREET RELOCATIONS AND/OR RECONSTRUCTION
County Dubuque
City Dubuque
Project No. NHSN-20-9(I44'}-2R-31
Agreement No. 2000-1-182
1. This Agreement is between the City of Dubuque hereinafter designated the" CITY", and the
Iowa Department of Transportation, Project Development Division, hereinafter designated
the "DOT" and in accordance with Iowa Code Sections 28E.12 and 306A.7.
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2.
The CITY hereby. agrees that the DOT shall acquire rights of way for the reconstruction of
U.S. 20 from the west corporation easterly to Devon Drive within the CITY.
3. CITY hereby agrees that said right of way be acquired and paid for by the DOT and said
acquisition shall be carried out in the following manner:
In connection with this project, all real estate and easements necessary for right of way
to construct the connection of any city street or alley on a primary highway relocation
or reconstruction project, as well as any access roads or frontage road rights of way,
if any, which are or shall be under the jurisdiction of the CITY, may be acquired by the
DOT, for and in the name of the CITY. Where acquired by contract, the CITY shall
receive and agrees to accept title from the contract seller. Where condemnation
proceedings are necessary, a single joint condemnation proceeding shall be instituted
by the DOT to acquire necessary property rights for the CITY and DOT.
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4. Also as part of this project, the CITY shall be responsible for providing, without cost to the
DOT, all right of way for the project which involves dedicated streets or alleys, and all other
city-owned lands, except park land, which are required for the project subject to the condition
that the DOT shall reimburse the CITY for the value of improvements situated on such other
city-owned lands. The CITY has apprised itself of the value of these lands, and as a portion
of their participation in the project, voluntarily agrees to make such lands available without
further compensation. The DOT shall be responsible for acquisition of all other right of way.
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5.
Access rights may be acquired by the DOT along all city side streets which intersect this
project. Access rights, if acquired, will be in the name of the State ofIowa and the CITY
agrees not to sell or alter the rights acquired. The acquisition of access rights will be in
accordance with 761 Iowa Administrative Code Chapter 112.11(8).
6. This Agreement may be executed in two counterparts, each of which so executed shall be
deemed to be an original and both shall constitute but one and the same instrument.
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IN WITNESS WHEREOF, each of the parties hereto has executed Preconstruction
Agreement No. 2000-1-182 as of the date shown opposite its signature below:
OTY OF DUBUQUE:
7/17
Title: Mayor
L Jeanne F. Schneider
, certify that I am the Clerk of the CITY, and
that Terrance M. Duggan
, who signed said Agreement for and on behalf
of the CITY was duly authorized to execute the same on the 17th day
of Ju 1y 2000.
Signed ~a-v;v~~kL2J
City "of Dubuque, Iowa
IOWA DEPARThIENT OF TRANSPORTATION:
By:
Richard E. Kautz
District Engineer
District 6.
Date
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7?7/rHJ
,2000.
,2000.
CITY OF DUBUQUE, IOWA
MEMORANDUM
July 13, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre-Construction Agreement at U.S. 20 Corridor from Swiss
Valley to Devon Drive
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Public Works Director Mike Koch is recommending execution of an agreement with
the Iowa Department of Transportation relating to early right-of-way acquisition for
future highway improvements in the U.S. 20 Corridor from the City's west
corporate limit to Devon Drive.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
mJJ ~(I?ll
""ichael C. Van Milligen ...............
MCVM/dd
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
July 11, 2000
TO: Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director Jjf/ td
FROM:
SUBJECT: Pre-Construction Agreement at U.S. 20 Corridor from Swiss Valley to
Devon Drive
INTRODUCTION
Enclosed is a resolution authorizing the Mayor to execute an agreement with the Iowa
Department of Transportation relating to early right-of-way acquisition for future
highway improvements in the U.S. 20 Corridor from the City west corporation line to
Devon Drive.
DISCUSSION
The purpose of the agreement is to allow the Iowa Department of Transportation
(lOOT) to proceed with early acquisition of right-of-way for corridor preservation and
property ownership economic hardship cases. Any connection of City streets, access
roads, or frontage roads which will be under the future jurisdiction of the City will be
initially acquired by the lOOT, for and in the name of the City. Where acquired by
contract, the City shall receive and agree to accept title from the contract seller.
Where condemnation proceedings are necessary, a single joint condemnation shall be
instituted by the lOOT to acquire necessary property rights for the City and lOOT.
Also, as a part of the project, the City shall be responsible for providing, without cost
to the lOOT, all right-of-way for the project which involves dedicated streets or alleys,
all of the City-owned lands, except park land, which are required for the project subject
to the condition that the lOOT shall reimburse the City for the value of improvements
situated on such City-owned lands.
Access rights may be acquired by the lOOT along all City side streets which intersect
the project. Access rights, if acquired, will be in the name of the State of Iowa and
the City agrees not to sell or alter the rights acquired through the issuance of any curb
cut permits within the access protection distance from the project.
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RECOMMENDATION
The terms of this agreement are similar to previous agreements relating to the
construction of U.S. 61/151 and the U.S. 20 construction projects, and I would
recommend approval of Agreement No. 2000-1-182.
ACTION TO BE TAKEN
The City Council is requested to approve the agreement and to adopt the attached
resolution authorizing the Mayor to execute two (2) copies of the agreement.
MAK/vjd
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Iowa Department of Transportation
FAX:
319-364-0235
319-364-9614
District 6 Office
430 Sixteenth Avenue SW
P.O. Box 3150, Cedar Rapids, IA 52406-3150
August 7, 2000
Ref: NHSN-20-9(144)--2R-31
Dubuque County
City of Dubuque
Agreement 2000-1-182
Michael A. Koch, P.E.
Public Works Director/City Engineer
50 West 13th Street
Dubuque, IA 52001-4845
SUBJECT: U.S. 20 Corridor From Swiss Valley Road to Devon Drive - Early ROW Acquisition
Dear Mike:
Attached is your original of the fully executed right of way agreement between the City of Dubuque
and the Iowa Department of Transportation (Iowa DOT) for the above referenced project. The
agreement provides for the Iowa DOT to acquire rights of way for future highway improvements in
the U.S. 20 corridor within the city from the west corporation line east to Devon Drive. This
agreement is necessary because the Iowa DOT is proceeding with early acquisition of right of way
for corridor preservation.
Thank you for your cooperation in the processing of this agreement.
Very truly yours,
icl'c h (}Ad.. (I f(a~
Richard E. Kautz, P.E.
District Engineer
RE:l<Jjh
AttadLment
cc: Carey Lewis, Resident Construction Engineer, Iowa DOT, Manchester, IA 52057 w/agreement
Art Gourley, District Staff Engineer, Iowa DOT, DyersviiIe, IA 52040
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STAFF ACTION: 5-2001-0084
RIGHT OF WAY AGREEMENT FOR
CITY STREET RELOCATIONS AND/OR RECONSTRUCTION
County
Dubuque
City
Dubuque
Project No. NHSN-20-9(144)-2R-31
Agreement No. 2000-1-182
1. This Agreement is between the City of Dubuque hereinafter designated the "CITY", and the
Iowa Department of Transportation, Project Development Division, hereinafter designated
the "DOT" and in accordance with Iowa Code Sections 28E.12 and 306A.7.
2.
The CITY hereby agrees that the DOT shall acquire rights of way for the reconstruction of
U.S. 20 from the west corporation easterly to Devon Drive within the CITY.
3. CITY hereby agrees that said right of way be acquired and paid for by the DOT and said
acquisition shall be carried out in the following manner:
In connection with this project, all real estate and easements necessary for right of way
to construct the connection of any city street or alley on a primary highway relocation
or reconstruction project, as well as any access roads or frontage road rights of way,
if any, which are or shall be under the jurisdiction of the CITY, may be acquired by the
DOT, for and in the name of the CITY. Where acquired by contract, the CITY shall
receive and agrees to accept title from the contract seller. Where condemnation
proceedings are necessary, a single joint condemnation proceeding shall be instituted
by the DOT to acquire necessary property rights for the CITY and DOT.
4.
Also as part of this project, the CITY shall be responsible for providing, without cost to the
DOT, all right of way for the project which involves dedicated streets or alleys, and all other
city-owned lands, except park land, which are required for the project subject to the condition
that the DOT shall reimburse the CITY for the value of improvements situated on such other
city-owned lands. The CITY has apprised itself of the value of these lands, and as a portion
of their participation in the project, voluntarily agrees to make such lands available without
further compensation. The DOT shall be responsible for acquisition of all other right of way.
.. 11'
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5. Access rights may be acquired by the DOT along all city side streets which intersect this
project. Access rights, if acquired, will be in the name of the State of Iowa and the CITY
agrees not to sell or alter the rights acquired. The acquisition of access rights will be in
accordance with 761 Iowa Administrative Code Chapter 112.1 1(8).
6. This Agreement may be executed in two counterparts, each of which so executed shall be
deemed to be an original and both shall constitute but one and the same instrument.
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IN WITNESS WHEREOF, each of the parties hereto has executed Preconstruction
Agreement No. 2000-1-182 as of the date shown opposite its signature below:
CITY OF DUBUQUE:
Title: ayor
Date
7/17
. 2000.
L Jeanne F. Schneider
. certify that I am the Clerk of the CITY, and
that Terrance M. Duggan
. who signed said Agreement for and on behalf
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of the CITY was dilly authorized to execute the same on the
17th
day
of July .2000.
~ d:2J
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Signed d/~~~~/
City ~OfDubUqUe, Iowa
lOW A DEPARTMENT OF TRANSPORTATION:
By: QChtWL c: Ktud~
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Richard E. Kautz
District Engineer
District 6.
Date
'1...e~ ,2000.
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