IA Hwy 32 IDOT ROW Acquistion
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RESOLUTION NO. 103_99
RESOLUTION APPROVING COOPERATIVE AGREEMENT
WITH THE IOWA DEPARTMENT OF TRANSPORTATION
RELATING TO RIGHT-OF-WAY ACQUISITION FOR THE
CONSTRUCTION OF IOWA HIGHWAY 32 (NORTHWEST
ARTERIAL) FROM JOHN F. KENNEDY ROAD TO U.S. 52
Whereas, the Iowa Department of Transportation (I.D.O.T.) is proposing to
construct a four-lane divided highway to be known as Iowa Highway 32 extending
from its current terminus at John F. Kennedy Road to U.S. Highway 52; and
Whereas, I.D.O.T. has prepared a project agreement outlining the respective
duties and responsibilities of each party; and
Whereas, the City Council of the City of Dubuque approves the terms and
conditions of said cooperative agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Transportation Agreement No. 98-1-
178 consisting of a project agreement for the acquisition of right-of-way for the
construction of the Iowa Highway 32 (Northwest Arterial) from John F. Kennedy Road
to U.S. 52, together with the proposed funding agreement be approved.
Section 2. That the Mayor be authorized and directed to execute two (2)
copies of the Cooperative Agreement and forward the executed copies to the Iowa
Department of Transportation.
Passed, approved and adopted this
1999.
1st
day of March
Attest:
AVA I/}~
Mary Ii Davis, City Clerk
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STAFF ACTION:
RIGHT OF WAY AGREEMENT FOR
CITY STREET RELOCATIONS AND/OR RECONSTRUCTION
County Dubuque
City Dubuque
Project No. STPN-32-1 (3)--21-31
Agreement No. 98-1-178
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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 306A7.
2. The CITY hereby agrees that the DOT shall acquire rights of way for the reconstruction of
Iowa 32 within the CITY from J.F.K. Road to U.S. 52.
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 which involves; (a) dedicated streets or alleys, and (b) other city-
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owned lands, easements and rights in land except park lands, subject to the condition that
the DOT shall reimburse the CITY for the value of improvements situated on said city-
owned lands, if any. The CITY has apprised itself of the value of these lands, and as a
portion of their participation in the project, voluntariIy agrees to make such lands available
without further compensation. The DOT 'shall be responsible for acquisition of all other
right of way.
5.
Access rights will be acquired by the DOT along all side street approaches to the project
for a distance of 50 meters from the near edge ofIowa 32. Access rights will be acquired
in the name of the State of Iowa and the CITY agrees not to sell or alter the rights
acquired.
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. 98-1-178 as of the date shown opposite its
signature below.
CITY OF DUBUQUE:
March 1
1999
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Date
I, Mary A. Davis . certify that I am the Clerk of the CITY, and that
Terrance M. I:-uggan . who signed said Agreement for and on behalf of the CITY was
duly authorized to execute the same on the 1st day of March
19 99 .
s~ed~~ d~
City Clerk of ubuque, Iowa
IOWA DEPARTMENT OF TRANSPORTA nON:
By: Date
Richard E. Kautz
Development Engineer
East Central Iowa Transportation Center
, 19
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CITY OF DUBUQUE, IOWA
MEMORANDUM
February 25, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
IDOT Project Agreement - Northwest Arterial, Phase IV
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Public Works Director Mike Koch is recommending approval of a project agreement
with the Iowa Department of Transportation (IDOT) relating to the acquisition of
right-of-way for the construction of Iowa Highway 32 (Northwest Arterial - Phase
IV) from John F. Kennedy Road to U.S. 52.
This agreement is the same as previous right-of-way acquisition agreements for the
construction of Highway 61 and 20 in Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1f1 ~// /. //}~ 0~1 ... /
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Michael C. Van Milligen
MCVM/j
Attachment
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cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
February 23, 1999
TO:
Michael C. Van Milligen, City Manager
FROM:
Michael A. Koch, Public Works Director 1'1'" ,,' \)\.\
: w,,>j/ \\, \"tA'V
SUBJECT:
I.D.O.T. Project Agreement - Northwest Arterial, Phase IV
INTRODUCTION
Enclosed is an agreement between the City of Dubuque and Iowa Department of
Transportation (I.D.O.T.) relating to the acquisition of right-of-way for the construction
of Iowa Highway 32 (Northwest Arterial) from John F. Kennedy Road to U.S. 52.
DISCUSSION
. The agreement provides for I.D.O.T. to acquire all property necessary for the
construction of the project. Right-of-ways needed for connections with any City
streets and alleys as a result of the project will be acquired by I.D.O.T. for and in the
name of the City. If condemnation proceedings are necessary, a single joint
condemnation proceeding would be instituted by I.D.O.T. to acquire the necessary
property rights for the City and I.D.O.T.
Also, as part of the project, the City will be required to provide, without cost to the
I.D.O.T., all right-of-way which involves dedicated streets or alleys or other City-
owned lands except for park lands, subject to the condition that I.D.O.T. shall
reimburse the City for the value of any improvements situated on said City-owned
lands.
Access rights will be acquired in the name of the State of Iowa pursuant to the same
access control standards as the other segments of the Northwest Arterial, and the City
agrees not to sell or alter the rights acquired.
RECOMMENDA TION
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This form of agreement is the same as previous right-of-way acquisition agreements
for the construction of Highways 61 and 20 in Dubuque. I would recommend approval
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of the agreement establishing the terms and conditions between the City of Dubuque
and the Iowa Department of Transportation for the acquisition of right-of-way for the
Northwest Arterial extension.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing the Mayor
to execute two copies of the agreement relating to the acquisition of right-of-way for
the construction of Iowa Highway 32 (Northwest Arterial) from John F. Kennedy Road
to U.S. 52.
MAK/vjd
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~Mi D~v~
East Central Iowa Transportation Center
430 Sixteenth Avenue SW
P.O. Box 3150, Cedar Rapids, IA 52406-3150
319-364-0235
FAX: 319-364-9614
March 24, 1999
Ref: STPN-32-1(3}-2J-31
Dubuque County
City of Dubuque
Agreement 98-1-178
Michael A. Koch, P.E.
Public Works Director/City Engineer
50 West 13th Street
Dubuque, IA 52001-4845
SUBJECT: Iowa 32 Right of Way Acquisition in Dubuque
Dear Mike:
Attached is your original of the fully executed agreement between the City of Dubuque and the Iowa.
Department of Transportation for the acquisition of right orway on the above referenced project.
The project involves construction of Iowa 32 (Northwest Arterial) from JFK Road in Dubuque to
U.S. 52 in Sageville.
Thank you for your cooperation in the processing of this agreement.
Very truly yours,
Richard E. Kautz, P .E.
Local Systems Engineer
REK/jh
Attachment
cc: Carey Lewis, Resident Construction Engineer, Iowa DOT, Manchester, IA 52057
w/copy of agreement
Art Gourley, Area Maintenance Engineer, Iowa DOT, Dyersville, IA 52040
w/copy of agreement
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STAFF ACTION: 5 - Cfcf- oc{ 51
RIGHT OF WAY AGREEMENT FOR
CITY STREET RELOCATIONS AND/OR RECONSTRUCTION:
County Dubuque
City Dubuque
Project No. STPN-32-1(3)--2J_31
Agreement No. 98- 1 - 178
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
Iowa 32 within the CITY from J.F.K. Road to U.S. 52.
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 which involves; (a) dedicated streets or alleys, and (b) other city-
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owned lands, easements and rights in land except park lands, subject to the condition that
the DOT shall reimburse the CITY for the value of improvements situated on said city-
owned lands, if any. 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.
5.
Access rights will be acquired by the DOT along all side street approaches to the project
for a distance of 50 meters from the near edge ofIowa 32. Access rights will be acquired
in the name of the State of Iowa and the CITY agrees not to sell or alter the rights
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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. 98-1-178 as of the date shown opposite its
signature below.
CITY OF DUBUQUE:
Date
March 1
, 1999 .
I, Mary A. , certify that I am the Clerk of the CITY, and that
Terrance M. I:uggan , who signed said Agreement for and on behalf of the CITY was
duly authorized to execute the same on the 1st day of March
19 99 .
Signed );t~ d1;.~
City Clerk Of~ubuque, Iowa
IOWA DEPARTMENT OF TRANSPORT A nON:
By: 10..~~. ~) Date
Richard E. Kautz
Development Engineer.
East Central Iowa Transportation Center
g-8 ,1971