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Pre-Construction Agreement, U.S. 20 from Swiss Valley to Devon Dr. . . . . ~ 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 . 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. . 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. 2 . 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. . . . . . 3 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 ~~~ (3) d -- ~~ 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 . 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 . . . . 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. . 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 . . . . . ~~ ~ 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 . 1<"'.'.~J~ r'tf-~:'; ~ VI ,~,i k1l I.,. "J, ., "'\" 8,",1I1.n ....,. ....,'-' ...J I j. , ~ .l I ~. l ,~. ....-, ". I r. c CHi r, n S S : (,.\ ~l d (,) - '. 11;1 ,) J 03/\1'::1 \J:j 8 ~ 3.;2 / ~ (:9'---{) . ' . . . ~ 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' . 2 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. . . 4 ~ ' ~ ., 4 . 3 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 . of the CITY was dilly authorized to execute the same on the 17th day of July .2000. ~ d:2J I ~ ,/ Signed d/~~~~/ City ~OfDubUqUe, Iowa lOW A DEPARTMENT OF TRANSPORTATION: By: QChtWL c: Ktud~ - Richard E. Kautz District Engineer District 6. Date '1...e~ ,2000. .