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