Bee Branch Creek Restoration Project_Acquisition of Lot 351 (Junnie & Rich's)Masterpiece on the Mississippi
Dubuque
keerd
A - amedca cIty
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Creek Restoration Project, Purchase of W 1/2 and E 1/2 Lot
351 East Dubuque Addition
DATE: November 15, 2011
In May of 2011, the City Council established the fair market value of the W 1/2 and E %
Lot 351 East Dubuque Addition, owned by Junnie & Rich's Coin Partnership, at the
appraised value of $66,950 and authorized the City Manager to acquire this property for
the Bee Branch Creek Restoration Project..
In August of 2011, the City Council approved the purchase of this property for $2,000
more than the appraised value.
The owners of the property have declined to close on the property after several months
of negotiations. The City cannot complete the grading along 15th Street until this
property is acquired and cannot complete the Lower Bee Branch Creek Restoration
Project.
City Engineer Gus Psihoyos recommends the City Council authorize the City Manager
to acquire the W'/2 and E 1/2 Lot 351 East Dubuque Addition through the process of
eminent domain.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
,t,t4t4 P'0,4,/4,,,
Michael C. Van Milligen
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO:
FROM: Gus Psihoyos, City Engineer
SUBJECT: Bee Branch Creek Restoration Project, Purchase of W 1/2 and E '/2 Lot 351
East Dubuque Addition
DATE: November 14, 2011
INTRODUCTION
Michael C. Van Milligen, City Manager
C7
Dubuque
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AY- Amalca city
1111 !
2007
The purpose of this memo is to seek authorization for the City Manager to acquire
property required for the Bee Branch Creek Restoration Project through the process of
eminent domain. The property owned by Junnie & Rich's Coin Partnership is legally
described as the W 1/2 and E'/ Lot 351 East Dubuque Addition.
BACKGROUND
In December of 2010, the City Council authorized the City manager to begin the
process of acquiring the W 1/2 and E'/ Lot 351 East Dubuque Addition for the Lower
Bee Branch Creek Restoration Project.
In May of 2011 the City Council passed Resolution 148 -11 establishing the fair market
value of the W'h and E 1/2 Lot 351 East Dubuque Addition at the appraised value of
$66,950.00.
In August of 2011 the City Council passed Resolution 286 -11 approving the purchase of
the W 1/2 and E 1/2 Lot 351 East Dubuque Addition for $2,000.00 more than the
appraised value.
DISCUSSION
The owners of the property have declined to close on the property after several months
of negotiations. The City cannot complete the grading along 15th Street until the
property is acquired. The City cannot complete the Lower Bee Branch Creek
Restoration Project until the property is acquired.
RECOMMENDATION
I recommend that the City begin the process of acquiring the property described as the
W'h and E' /2 Lot 351 East Dubuque Addition through eminent domain.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution authorizing the
City Manager to acquire the property legally described as the W 'A and E 1/2 Lot 351
East Dubuque Addition through the eminent domain process.
Prepared by Deron Muehring, Civil Engineer II
cc: Barry Lindahl, City Attorney
2
RESOLUTION NO, 383 -11
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL
PROPERTY OWNED BY JUNNIE & RICH'S COIN PARTNERSHIP IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain real property
owned by Junnie & Rich's Coin Partnership (Owner) legally described as follows (the
Property):
W 1/2 of Lot 351 and the E 1/2 of Lot 351 in East Dubuque Addition, all in the City
of Dubuque, Dubuque County, Iowa
as shown on Exhibit A attached hereto for the purpose of constructing, operating, and
maintaining the Bee Branch Creek, a stormwater management project; and
Whereas, City has made a good faith effort to negotiate with the Owner to
purchase the Property before proceeding with condemnation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
The City Manager is hereby authorized to commence proceedings for the
acquisition of the Property by eminent domain.
Passed, approved and adopted this 21st day ofNov b -20 1
411
Attest:
Kevin S rnstahl, City Jerk
Roy D. Buol, Mayor
Exhibit A
Bee Branch Creek Restoration Project Property Acquisition
Legal Description: W 1/2 of Lot 351 and E % Lot 351 East Dubuque Addition
111115111111111118111111110 II Illll 11111 1111 1111
Doc ID: 007267380002 Type: GWH
Kind: GROUNDWATER HAZARD
Recorded: 01/18/2012 at 03:59:08 PM
Fee Amt: $0.00 Page 1 of 2
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2012- 00000086
Il1014111kb ift 1111111
Doc ID 007254500002 Type: GWH
Kind: GROUNDWATER HAZARD
Recorded: 01/05/2012 at 03:57:58 PM
Fee Amt: $0.00 Page 1 of 2
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2012- 00000038
lip
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name Junnie & Rich's Coin Partnership, A Partnership
Address 2095 Kerper Boulevard Dubuque Iowa 52001
Number and Street or RR City, Town or P.O.
TRANSFEREE:
Name City of Dubuque, Iowa
State Zip
Address 50 West 13th Street Dubuque Iowa 52001
Number and Street or RR
Address of Property Transferred:
673 East 15th Street Dubuque Iowa 52001
City, I own or P.O.
State Lip
Number and Street or RR City, Town, or P.O.
State Zip
Legal Description of Property: (Attach if necessary) Le 8$- ira-gast buque -No. 2, and-Addition-in
the Gity -o B lauqu , - - _ _ _ ' l - theree€
Lot 351 in East Dubuque Addition No. 2, an Addition in the City
of Dubuque, Iowa, according to the recorded Plat thereof
1. Wells (check one)
X There are no known wells situated on this property.
_ There is a well or wells situated on this property. The type(s), location(s) and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
X There is no known solid waste disposal site on this property.
_ There is a solid waste disposal site on this property and information related thereto is provided
in Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
X There is no known hazardous waste on this property.
_ There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
X There are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542 -0960 (Sept. 1, 2010)
g01A -355