Easements, Temporary, Agreements
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MEMORANDUM
December 12, 2005
TO:
The Honorable Mayor and City Council'Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Purchase of Permanent or Temporary Easements or Small Strips of
Right-of-Way
The City of Dubuque does not have a formal written policy regarding the acquisition of
permanent or temporary easements and agreements for the acquisition of small strips
of right-of-way for public improvements.
City Engineer Gus Psihoyos recommends City Council approval of a resolution
authorizing the City Manager to enter into agreements for acquisition, and to execute
easements and agreements for rights-of-way for public improvement projects when the
cost is less than $10,000. When the purchase price exceeds $10,000, City Council
approval is required.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(J1JII~ /JZ/( __
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, City Engineer
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MEMORANDUM
December 9,2005
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer 2CJ
TO:
SUBJECT: Purchase of Permanent or Temporary Easements or Small Strips of
Right of Way
INTRODUCTION
The City of Dubuque does not have a formal written policy regarding the
acquisition of permanent or temporary easements and agreements for the
acquisition of small strips of right of way for public improvements. The attached
resolution delegates the authority to the City Manager to enter into agreements
for the acquisition of and to execute easements and agreements for rights of way
for public improvement projects.
DISCUSSION
Numerous easements and rights of way are required for public improvements
that cross or abut private property. These may be temporary easements for
grading adjacent to street or utility construction, permanent easements for lateral
support of the utility or a right of way purchase for street widening. In most
cases, these easements are negotiated as part of the improvement project and
are settled for less than $10,000. The value is mutually agreed upon by the
Engineering staff and the property owner based on recent appraisals of similar
properties and the cost to cure damage to existing improvements on the
property.
The proposed policy provides that the City Manager may enter into agreements
and execute permanent and temporary easements and agreements for small
strips of right of way when the cost is less than $10,000. When the purchase
price exceeds $10,000, City Council approval is required.
This process will allow project design and construction to continue in an orderly
manner.
ACTION TO BE TAKEN
I recommend that the attached resolution authorizing the City Manager to enter
into agreements, and to execute permanent and temporary easements and right
of way purchases for public improvement contracts on private property be
submitted to the City Council for consideration.
Prepared by Ronald J. Turner, PLS
RESOLUTION NO. 545-05
AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS FOR THE
ACQUISITION OF RIGHT OF WAY AND TO EXECUTE PERMANENT AND
TEMPORARY EASEMENTS FOR PUBLIC IMPROVEMENT PROJECTS
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
1. The city manager is authorized to enter into agreements for the acquisition of
and to execute temporary easements for public improvement projects for construction
and demolition, temporary easements for backslope and property adjustment,
permanent easements for city utilities, and permanent rights of way for street and utility
construction for and on behalf of the city, and to secure access to private property or
property owned by other governmental entities by city personnel or city contractors as
may be required in support of the construction, repair, or replacement of such public
improvement projects, provided that the compensation paid by the City for each such
agreement, easement or right of way shall not exceed $10,000.00.
2. When the compensation paid by the City for such agreement, easement or
right of way exceeds $10,000.00, City Council approval shall be required.
Passed, approved and adopted this 19th day of December
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk