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IDOT_Purchase of ROW at Curtis and Bryant StreetsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: IDOT Lots at Curtis Street & Bryant Street DATE: March 27, 2013 Dubuque kital All- America City II 111! 2012 City Engineer Gus Psihoyos recommends City Council approval of the purchase of the excess Iowa Department of Transportation right -of -way at the east end of Curtis Street just west of Bryant Street for the purchase price of $16,000. The City will subdivide the lot for development of one single family dwelling. The City will retain the wooded bluff area. I concur with the recommendation and respectfully request Mayor and City Council approval. brit44 krt., italy, Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUBtJE Masterpiece on the Mississippi TO: Michael C. VanMilligan FROM: Gus Psihoyos, City Engineer SUBJECT: IDOT Lots at Curtis Street & Bryant Street DATE: March 25, 2013 INTRODUCTION Dubuque M- America Cfy 'I �► 2012 This memo is to seek City Council concurrence and to authorize the Mayor to execute the Offer to Buy agreement for the purchasing of excess IDOT right of way at the east end of Curtis Street just west of Bryant Street. BACKGROUND The Iowa DOT has four lots that are remnant parcels from the purchase of right of way for the reconstruction of Highway 20 (Dodge Street) along the west side of Bryant Street and the north side of Curtis Street. These lots were offered to the original owners who either did not respond or were not interested in purchasing back from the State. The parcels were then offered to the City previously, but the City declined to purchase. Subsequently, the parcels were offered to the public on two different occasions. The bids received were less than the appraised value of $16,000.00 and thus rejected by the State. DISCUSSION A developer has expressed interest in the parcels but thought the appraisal was too high. It appears one single family home could be constructed on the site. The City is interested in preserving the wooded bluff area and green space on the parcel. I have discussed the purchase price of the parcel with Patty Simons, IDOT Property Manager. She stated that the purchase price would be $16,000.00. I did ask Ms. Simons if they would take less money for the parcel and she said they would not. The only way the City could acquire the lot for less is if we did not buy the lots now and bid for the lots later when they came up for bid again. It appears that if the lots were developed they may require rock excavation. RECOMMENDATION I recommend that the City purchase the remnant DOT parcel at the end of Curtis Street and then subdivide the lot as shown on the attached sketch for development of one single family dwelling. The City would retain the wooded bluff area. The City could seek bids from the public on the remnant. Restrictions could be placed on the deed to protect the view and the adjacent green area along the Dodge Street and Bryant Street corridors. BUDGET IMPACT A portion of the sale of the vacated excess right of way of University Avenue Extension (Lot 2A of University Extension Place) in the amount of $23,477.00 will be utilized to cover the purchase price of $16,000.00. ACTION TO BE TAKEN The City Council is requested to concur with the purchasing of excess IDOT right of way at the east end of Curtis Street just west of Bryant Street in the amount of $16,000.00 and to authorize the Mayor to execute the Offer to Buy agreement between the City and the Iowa Department of Transportation for such property. Prepared by: Ron Turner, Professional Land Surveyor cc: Marie Ware, Leisure Services Manager Jenny Larson, Budget Director Revised On 1115/03 HIGHWAY DIVISION IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY OFFER TO BUY County : Dubuque FN- 20- 9(29) -21 -31 Parcel No. 248,248B,249,250 herewith submit an unconditional offer of $16,000.00 to the Iowa Department of Transportation (hereinafter known as Department) for the purchase of the following land: A parcel of land known as Lot "F ", Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa as described in a certain plat of Excess Right of Way, Surveyor's Certificate and Owner's Consent, Pages 1 of 4, 2 of 4, 3 of 4, and 4 of 4 attached hereto and by reference made a part hereof, recorded in the Office of the Dubuque County Recorder on October 9, 2009, as Document No. 2009 - 19009, containing 7,035 square feet, more or less. AND A parcel of and known as Lot "E ", Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa as described in a certain plat of Excess Right of Way, Surveyor's Certificate and Owner's Consent, Pages 1 of 6, 2 of 6, 3 of 6, 4 of 6, 5 of 6, and 6 of 6, attached hereto and by reference made a part hereof, recorded in the Office of the Dubuque County Recorder on October23, 2009, as Document No. 2009 - 18227, containing 3,858 square feet, more or less. AND A parcel of land known as Lot "G ", Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa as described in a certain plat of Excess Right of Way, Surveyor's Certificate and Owner's Consent, Pages 1 of 4, 2 of 4, 3 of 4, and 4 of 4 attached hereto and by reference made a part hereof, recorded in the Office of the Dubuque County Recorder on October 9, 2009, as Document No. 2009 - 19008, containing 5,453 square feet, more or less. AND A parcel of land known as Lot "H ", Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa as described in a certain plat of Excess Right of Way, Surveyor's Certificate and Owner's Consent, Pages 1of 6, 2 of 6, 3 of 6, 4 of 6, 5 of 6, and 6 of 6, attached hereto and by reference made a part hereof, recorded In the Office of the Dubuque County Recorder on October 23, 2009, as Document No. 2009 - 19716, containing 1,870 square feet, more or less. I herewith enclose a CHECK or MONEY ORDER (the Department will NOT accept CASH) for the full amount of the offer made payable to the Iowa Department of Transportation. Should the Department not accept the bid or offer, the amount will be returned by mail. I accept title by State Patent. I agree to accept the State Patent without an Abstract of Title, and am aware that the land is being sold in accord with the provisions of and subject to the limitations of Section 306.22 through and including 306.25 of the Code of Iowa, Any sale of land as authorized therein shall be upon the conditions that the tract, parcel or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway, or to the material damage of the adjacent owner, and shall be subject to the right of all utility associations, companies, or corporations to continue in possession of a right of way in use at the time of such sale." 1 accept the following covenants and agree that they shall run with the land and be binding upon me and my heirs and assigns: 1. Direct access between the above - described parcel of land and Hwy. 20 will be prohibited. 2. Direct access between the above - described parcel of land and Bryant Street will be prohibited. 3. The State retains the right of entry thereon for the purpose of constructing and maintaining the right of way fence. The fence shall be maintained for vehicle access control purposes only. The State will be held blameless and without liability for fencing private property or maintaining the same. The buyer may pasture against said fence at their own peril and the State will be held blameless and without liability for fencing private property or maintaining the same to restrain livestock. 4. These provisions run with the land and are binding upon buyers, their heirs, successors, and assigns. The Iowa Department of Transportation reserves the right to waive any technicalities and to reject any or all bids or offers. I certify that I have inspected this property to my complete and total satisfaction and that I am fully aware of all conditions of the property and the terms and conditions under which it is being offered for sale. I understand that the property is being sold as is with no warranties of any nature either expressed or implied. I therefore submit a bid, as shown above, for the property. If my offer is accepted by the Department, please issue the Patent to: Revised rn 1!15103 (PLEASE PRINT OR TYPE) City of Dubuque * The exact name or names the bidder wishes to appear on Patent 50 W. 13th St., Dubuque, )A "52001 Address Signed: April 1, 2013 563 -589 -4127 Date Telephone Number pis * Examples of types of names that will be accepted by the State Land Office: 1) John J. Doe 2) John J. Doe and Mary Ann Doe 3) John J. Doe and Mary Ann Doe as joint tenants with full rights of survivorship and not as tenants in common 4) Any business name BONSON & STEWART'S SUBDIVISION LOT "F" IOWA DEPARTMENT OF TRANSPORTATION EXCESS RIGHT OF WAY =/OAP COUNTY DUBUQUE STATE CONTROL NO PROJECT NO. FN -20 -9 (29 ) - -21 —31 PARCEL NO SECTION 25 TOWNSHIP 89 NORTH RANGE 2 EAST AREA 7,035 SQ.FT. ACQUIRED FROM CYNTHIA SUE ANDERSON, CYNTHIA SUE ANDERSON ATTORNEY -IN -FACT FOR BILLIE P. ANDERSON AND VELMA ANDERSON RECORDED IN DOCUMENT No. 11628 -93 PAGE > OF 9 of tq 248 0 111111131111111111111111110111 Doc ID 006582460004 Type GEN Kind EASEMENT PLAT 10/09/2009 at Fee Amt: 824.00 Pape 1 of2 PM 426.29 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2009- 00019009 'REQUESTED BY OWNER: STATE OF IOWAI \ \, 7 \ p.\ nn 70\ j\ \ PK NAIL 9 -4„,„ (50,) co a & SpR� S . 6pN5�N \ �o m RIMARy ROA l DODGE STREETS 9 pl BRYANT STREET CURVE DATA PI STA 69 +08 +17 PC STA 68 +25.55 PT STA 69 +90.28 p = 11 °02'42.4 "LT. 0 = 6 °42'18" T = 82.62' L = 164.73' R = 854.52' LOT "F" BONSON & STEWART'S SUBDIVISION FD.3 /4" C(//?rtS X60 I IRON PIPE SrREEr BRYANT / STREET PC STA.68 +25.55 DETAIL CITY OF DU UQUE9 IOWA LEGEND I hereby certify that this land surveying document` was prepared by me or under my direct personal supervision and that I am o duly licensed Land under the ows Of the State Of Iowa. S41dZ40 DENNIS R. KUNZ DATE: License number 10679 My license renewal date is Docomber31. 2010 Pages covered by this seal. /nag/ O SET 5/8 "REBAR WITH RED PLASTIC CAP PLS# 10679 O FOUND 3/4 "IRON PIPE INSIDE 1 1/4" GAS PIPE ® FOUND REBAR - VARIOUS SIZES O FOUND 1/4 "x1" FLAT IRON ( I RECORDED DISTANCE ® SET CUT "X" DATE DRAWN MAY 1 9 , 2009 SCALE 1" = 100' vO' a r; fl . (tsgo 1 os c1 BONSON & STEWART'S SUBDIVISION LOT "E" PAOE 1 OF 4 L. IOWA DEPARTMENT OF TRANSPORTATION Lo ,•. EXCESS RIGHT OF WAY COUNTY DUBUOUE STATE CONTROL NO PROJECT NO. 'FN -20 -9 (29 )- -21 -31 -. PARCEL NO. 298B SECTION 25 TOWNSHIP 89 NORTH RANGE 2 EAST /NA 3 AREA 3,858 SO.FT. ACOUIRED FROM RAYMOND L. AND RITA M. DAVIS RECORDED IN DOCUMENT No. 13506 -92 1111111111111111111111 1111 Doc IO 008571860006 Type GEN Kind: SURVEY PLAT Ree Recordmt: ed: at 002613:37 PH age Dubuque County Iowa Kathy Flynn Thurlow Recorder Fiie2009- 00018227 IREOUESTED BY OWNER: STATE OF 10WA3 S 67•12'1B'E 30.00 NW CORNER LOT 20 SET PK NAIL r2p. N 22•31'24'E 50.00' pR1&�ROpDR� D ESE US•2 ET) 67•12'18'E 59.00' • LOT "E" BONSON S. STEWART'S SUBDIVISION 5 13.22'59'E 49.69 s SyT B 401 SS 64�SON `1 SOBV to t0' CUR' /S \.. STREET F0.3/4" IRON PIPE BRYANT STREET CURVE DATA PI STA 69 +08 +17 PC STA 68 +25.55 PT STA 69 +90.28 p = .11.02 42.4' LT. 0 = 6.42118" T = 82.62' L = 164.73' R = 854.52' L = 12.19' R = 814.52' CH SEA 5 12•57'16'E CH D15 12.19' .= 0'51'26" BRYANT / STREET CITY OF DU it !) UWE9 IOWA LEGEND 1 harapy certify Mot this Iona atrveylnd doansn +® was p^toorad by m a' under My dlrco+ parcdo( aapervItlpn and !hat 1 am a duly licensed Land •. D • under the Ian of the Stott of lava. / e% ,3. .5 2a- DENNIS R. KU ZE DATE: License meter 10679 by license rental data to Oetdvtar 31. 2010 Pa06 coveted X tnie seal: /'1• i/J DATE DRAWN MAY 19.2009' Q SET 5 /8'REBAR WITH RED PLASTIC CAP PLS# 10679 Q FOUND 3 /4'IRON PIPE INSIDE 1 I/4" GAS PIPE ® FOUND REBAR - VARIOUS SIZES 0 I FOUND 1 /4'x1' FLAT IRON RECORDED DISTANCE SET CUT 'X' 07955'4 Car Ceara Book . Paae BONSON & STEWART'S SUBDIVISION LOT "G" IOWA DEPARTMENT OF TRANSPORTATION EXCESS RIGHT OF WAY COUNTY DUBUQUE STATE CONTROL NO PROJECT NO. FN-20-9( 29 ) - -21 -31 PARCEL NO SECTION 25 TOWNSHIP 89 NORTH RANGE 2 EAST AREA 5,453 S0. FT. ACQUIRED FROM RUTH M. HERDRICH RECORDED IN DOCUMENT No. 6080 -93 P , 4 i OF OF 249 IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID 006582450004 Type GEN Kind EASEMENT PLAT Recorded: 10/09/2009 at 12:23:35 PM Fee Amt: $24.00 Page 1 of 4 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2009- 00019008 (REQUESTED BY OWNER: STATE OF IOWA( SET PK PRIMARDORROAD No. US. 20 STREET SUBD���51 FD.3 /4" IRON PIPE CURT( / DETAIL 1— W PO /NT OF CC BEC /NN /NC ti SEE DETAIL 0' W f- ¢ /L = 57.06' R = 34.97' CH BEA N 78 °30'24 "W CH DIS 50.94' a= 93 °28'59" CITY OF DU I hereby certify that this and surveying document was prepared by me or under my direct personal supervision and that I am a duly licensed Lond r under t laws of the State of Iowa. DENNIS R. KUNZE DATE: 10679 License number license renewal dote is December 31. 2010 ages covered by this seal' /f�' DATE DRAWN MAY 1 9 , 2009 f .2 BRYANT STREET CURVE DATA PI STA 69 +08 +17 PC STA 68 +25.55 PT STA 69 +90.28 p = 11 °02'42.4 "LT. D = 6 °42'18 ". T = 82.62' L = 164.73' R = 854.52' L = 64.24' R = 814.52' CH BEA 5 10 °15'58 "E CH DIS 64.23' a= 4 °31'09" BRYANT STREET / S 22 °31'24 "W 76.17' LOT "G" BONSON & STEWART'S SUBDIVISION N Off./ E9 IOWA LEGEND O SET 5/8 "REBAR WITH RED PLASTIC CAP PLS# 10679 ® FOUND 3/4 "IRON PIPE INSIDE 1 1/4" GAS PIPE ® FOUND REBAR — VARIOUS SIZES ❑ FOUND 1/4 "x1" FLAT IRON ( ) RECORDED DISTANCE 0 SET CUT "X" 50' o 0 SCALE 1 = 100' lREOUESTED BY OWNER: STATE OF IOWA( P,4GE>OP4 BONSON & STEWART'S SUBDIVISION gF rq LOT "H" IOWA DEPARTMENT OF TRANSPORTATION EXCESS RIGHT OF WAY COUNTY DUBUQUE STATE CONTROL NO PROJECT NO. FN-20-9( 29 )--21-31 PARCEL NO 250 SECTION 25 TOWNSHIP 89 NORTH RANGE 2 EAST AREA 1 , 870 SO. FT. ACQUIRED FROM MICHAEL F. AND KAREN A. ROERIG RECORDED IN DOCUMENT No. 7179 -89 HJJJJilflliil Ih I111111111 i illllliiiilliillllllllllll lllllll Doc ID 006592060006 Type GEN Kind EASEMENT PLAT Recorded: 10/23/2009 at 03:32:54 PM Fee Amt: $34.00 Page 1 of 6 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2009- 00019716 <OT8 T 7D\ \ ET PK r\ 7 ▪ 7\ \ (20 9 BoNSON EWR A F0.3/44 IRON PIPE SW CORNER LOT 23 NAIL BRYANT STREET PRIMARY ROAD No. 0000E STREETS 2 BRYANT STREET CURVE DATA A 9 PI STA 69 +08+17 PC STA 68 +25.55 PT STA 69 +90.28 = 11 °02'42.4 "LT. 0 = 6 °42'18" .25 T = 82.62' L = 164.73' R = 854.52' L = 80.59' R = 814.52' CH BEA 5 5 °10'21 "E CH DIS 80.55' &= 5 °40'07" L = 57.06' R = 34.97' CH BEA N 78 °30'24 "W w CH DIS 50.94' / W p = 93 °28'59" 1 6 STREET (50') ,.„ 4- <ot LOT "H" BONSON & STEWART'S SUBDIVISION 26 / Lot / 4 PC STA 68 +25.55 1— L = 11.80' R = 34.97' CH BEA N 22 °05'52 "W 01 CH DIS 11.75' A = 19 °20'04" 5 2 °20'16 "E 13.64' N 68 °50'22 "W 34.93' CITY OF DUBUQUE, IOWA LEGEND I hereby certify that this land surveying document was prepared by me or under my direct personal supervision and that 1 an a duly licensed Land $,yCygyOr under lows of the State of Iowa. 542-2e? DENNIS R. KUNZE DATE: License number 10679 My license renewal data is Decomber '1. 2010 Pages covered by this seal* //277' DATE DRAWN MAY 19,2009 O SET 5/8 "REBAR WITH RED PLASTIC CAP PLS# 10679 O FOUND 3/4 "IRON PIPE INSIDE 1 1/4" GAS PIPE FOUND REBAR - VARIOUS SIZES ❑ FOUND 1/4 "x1" FLAT IRON 0 RECORDED DISTANCE SET CUT "X" Q _ _ so' q0' u i SCALE 1 = 100 THE CITY OF DUB Masterpiece on the Mississippi Curtis Street IDOT Properties Lot split p.e e.ee el DAGIS pt 6u :NE AMA 4:06UImO Ihrel.YAbIGV 500M Proposed Building Lot 8200 s.f. +- DISCLAIMER: This Information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utiltzed the most current and accurate information available, DAGIS and it's suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. 1 inch = 40 feet 40 20 0 40 Feet W E Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205