Grandview/Loras and Grandview/University Intersection Improvements, Fair Value, Eminent Domain Copyright 2014
City of Dubuque Consent Items # 14.
ITEM TITLE: Grandview/Loras and Grandview/University Intersection Improvements
Project - Set Fair Market Value and Start Eminent Domain Proceedings
SUMMARY: City Manager recommending approval of a resolution which establishes
and sets the Just Compensation Valuation (Fair Market Value) for each
identified permanent easement to be acquired based on the Eminent
Domain Value Finding Appraisals Reports for the Grandview/Loras and
Grandview/University Intersection Improvements project.
RESOLUTION Establishing the fair market value of real property for the
Grandview / Loras and Grandview / University Intersection Improvements
Project, directing good faith negations for the acquisition of property and
authorizing the commencement of Eminent Domain proceedings, if
necessary, to acquire property
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Grandview/Loras and Grandview/University Intersection Improvements- City Manager Memo
MVM Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Easement Acquisition Plat-Meyer Supporting Documentation
❑ Easement Acquisition Plat-O'Connell Supporting Documentation
❑ Location Map Supporting Documentation
THE CITY OF Dubuque
U E I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grandview/ Loras and Grandview/ University Intersection Improvements
Project and Establishing the Fair Market Value for the Acquisition of
Required Permanent Easements and Authorizing Commencement of
Eminent Domain Proceedings, if necessary, from the following Properties:
• Parcel No. 1 — Meyer Property (1410 North Grandview Avenue)
• Parcel No. 2 — O'Connell Property (1590 Loras Boulevard)
DATE: September 29, 2015
The City has completed the design and construction documents for the Grandview/
Loras and Grandview/ University Intersection Improvements Project. The next step is
to proceed with the acquisition of required permanent easements for the identified
impacted properties through good faith negotiations and eminent domain, if negotiations
are unsuccessful.
The City property acquisition staff is currently proceeding with permanent easement
acquisitions for the four impacted properties identified. As of August 2015, the City has
acquired two of the four easements.
Another two properties are ready to begin the acquisition process now that the
acquisition appraisals have been completed. The next step is for the City Council to
formally determine the fair market values of the properties so the procedural
requirements are met in the event that good faith negotiations fail and condemnation /
eminent domain proceedings are initiated.
City Engineer Gus Psihoyos requests City Council approval of a resolution which
establishes and sets the Just Compensation Valuation (Fair Market Value) for each
identified permanent easement to be acquired based on the Eminent Domain Value
Finding Appraisals Reports. The resolution also authorizes staff to begin good faith
negotiations with each identified property owner, and if a settlement cannot be reached
through good faith negotiations, authorizes staff to proceed with eminent domain
proceedings for the acquisition of the easements for the Grandview/ Loras and
Grandview/ University Intersection Improvements Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael 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
2
THE CITY OF Dubuque
DUB EAN-AmeficaCfty
I.
Masterpiece on the Mississippi zoo,.2UIz•zois
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer .
SUBJECT: Grandview / Loras and Grandview / University Intersection Improvements
Project and Establishing the Fair Market Value for the Acquisition of
Required Permanent Easements and Authorizing Commencement of
Eminent Domain Proceedings, if necessary, from the following Properties:
• Parcel No. 1 - Meyer Property (1410 North Grandview Ave)
• Parcel No. 2 - O'Connell Property (1590 Loras Blvd)
DATE: September 28, 2015
INTRODUCTION
The purpose of this memorandum is to provide the City Council with information
regarding the appraised value of necessary sidewalk and utility permanent easements
for the Grandview/ Loras and Grandview / University Intersection Improvements Project
and the City's intent to acquire said property or condemn if necessary.
BACKGROUND
The city has completed the design and construction documents for the intersection
improvement project. The next step is to proceed with the acquisition of required
permanent easements for those identified impacted properties through good faith
negotiations and eminent domain, if negotiations are unsuccessful.
PROPERTY ACQUISITION
The City property acquisition staff is currently proceeding with permanent easement
acquisition for the four impacted properties identified. As of August 2015, the City has
acquired two of the four easements.
Another two properties are ready to begin the acquisition process now that the
acquisition appraisals have been completed. The next step is for the City Council to
formally determine the fair market values of the properties so the procedural
requirements are met in the event that good faith negotiations fail and condemnation /
eminent domain proceedings are initiated. Those properties are identified as follows:
Parcel I.D. Property Address Acquisition Status
Number Owner(s)
1 Meyer 1410 North Grandview Ave. To be Acquired
2 O'Connell 1590 Loras Blvd. To be Acquired
3 Jester 1610 Loras Blvd. Acquisition Complete
4 Smith 1411 North Grandview Ave. I Acquisition Complete
The attached aerial photo maps provide additional detail which delineates those
easements that have been acquired and those easements that remain to be acquired.
APPRAISAL PROCESS AND JUST COMPENSATION VALUATION
The city has contracted with Felderman Appraisals to complete Eminent Domain Value
Finding Appraisal Reports for both the Parcel No. 1 (Meyer) and Parcel No. 2
(O'Connell) properties listed above.
Felderman Appraisals has completed their appraisal report and established the Just
Compensation Valuation (Fair Market Value) for each permanent easement to be
acquired. Those properties are identified as follows:
Parcel I.D. property Owner Land Type Just Compensation
Number Value
1 Meyer Residential $120.00
2 O'Connell Residential $195.00
RECOMMENDATION
I recommend that the City Council establish the Just Compensation Valuation (Fair
Market Value) for each identified property to be the values as set out above, based on
the Eminent Domain Value Finding Appraisal Reports. I also recommend that the City
Council authorize staff to begin good faith negotiations with each identified property
owner and if a settlement cannot be reached through good faith negotiations,
commence eminent domain proceedings.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution which establishes and
sets the Just Compensation Valuation (Fair Market Value) for each identified permanent
easement to be acquired based on the Eminent Domain Value Finding Appraisal
Reports. The resolution also authorizes staff to begin good faith negotiations with each
identified property owner and if a settlement cannot be reached through good faith
negotiations, authorizes staff to proceed with eminent domain proceedings for the
acquisition of the easements for the Grandview / Loras and Grandview / University
Intersection Improvements Project.
Prepared by: Robert Schiesl, Assistant City Engineer
Nate Kieffer, Land Surveyor
cc: Barry Lindahl, City Attorney Duane Richter, Engineering Technician
Dave Ness, Traffic Engineer
FANKieffer\Projects\Grandview Loras&University Traffic Signal Improvements\Easement Acquisitions\Meyer\Public Hearing
Eminent Domain
Prepared by: Nate Kieffer, City Hall, 50 W 13th Street, Dubuque IA 52001 563-589-4270
Return to: Kevin Firnstahl City Clerk, City Hall, 50 W 13th Street, Dubuque IA 52001 563-589-4270
RESOLUTION NO. 336-15
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE
GRANDVIEW / LORAS AND GRANDVIEW / UNIVERSITY INTERSECTION
IMPROVEMENTS PROJECT, DIRECTING GOOD FAITH NEGOTIATIONS FOR THE
ACQUISITION OF PROPERTY AND AUTHORIZING THE COMMENCEMENT OF
EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, TO ACQUIRE PROPERTY
WHEREAS, the City of Dubuque (City) has caused to be made appraisals of the
properties described below for the Grandview / Loras and Grandview / University
Intersection Improvements Project and the appraised values for the properties are listed
below; and
WHEREAS, the legal description of each of the properties to be acquired, the
owners and the appraised value of each of the properties is listed below; and
WHEREAS, the City Council has previously provided approval of the site and
location for the Grandview / Loras and Grandview / University Intersection
Improvements Project, and approved said project and the partial acquisition of property
listed below for said public improvement project:
PROPERTY
OWNER(S)
APPRAISED
VALUE
Part of Lot 52 in Woodlawn Park Sub. as described
on Exhibit A attached
Deborah Roth,
Karla Schoen, &
William Meyer
$120.00
Part of Lot 27 in Tschirgi & Schwinds Sub. as
described on Exhibit B attached
Debra J. and
Robert A.
O'Connell
$195.00
and;
WHEREAS, Iowa law requires that the City make a good faith effort to negotiate
with the owners regarding the purchase before proceeding with condemnation; and
WHEREAS, the City may not make an offer to purchase a property which is less
than the fair market value City has established for the property; and
WHEREAS, the City Council now desires to establish the fair market value for
each of the properties; and
WHEREAS, the City wishes to acquire the properties listed for the Grandview /
Loras and Grandview / University Intersection Improvements Project by good faith
negotiation or eminent domain proceedings, if necessary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
Section 1. The fair market value of each of the properties listed above is hereby
established to be the amount of its appraised value as listed above.
Section 2. The City Manager is directed to enter into good faith negotiations for the
acquisition for each of the above properties, and, if necessary, commence eminent domain
proceedings to acquire the properties.
Passed, approved and adopted this 5th day of 0 tober, 2015.
Roy D. Buo,T/Mayor
Attest:
Kevin S. Firnstahl, MCity Clerk
Reserved for Recorder
Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-5894270
Dubuque
Wand
All -America City
,IIIE'
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL. 50 WEST 13th STREET
DUBUQUE, IA 52001-4804
PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By: ONE Approved 87 RAH
Dale: 8812-2015
PART OF LOT 52 WOODLAWN PARK SUBDIVISION,
eDWG Location: FANKielferICAD DrawinnsIGrandview Loran Univ.ase a zxmea.a CITY OF DUBUQUE, rak IOWA ye
C.I.P. Number.
ISheet Number.
1 of 2
NORTH
0 10' 20' 40'
SCALE 1" = 20' FEET
(5d)
LOT 98
(
• FOUND IRON ROD/PIPE AS SHOWN •
0
SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128
R.O.W. RIGHT OF WAY
(100.00) RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
LOT 99
LOT 99
1411 N. G104550EW
/66609
- 9
FD. 5/8" REBAR
W RED CAP
'11W RLS 12631"
N 1/2 LOT 51
N 1/2 LOT 52 \
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i N 68'26'02" E 2.00' Y/' /
S 21'39'40" E 10.00'; „----20.2: 0
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N 21'39'40" W 10.00'
NOTES:
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: DEBORAH ROTH, KARLA SCHOEN. WILLIAM MEYER
3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE. IOWA
4. TOTAL AWA OF PERIMETER SURVEYED IS 20 SQUARE FEET
5. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
0. DATE OF SURVEY: 05-20-2015
I hereby certify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal supervision and that I am a duly licensed Land
Surveyor under the laws of the Stale of Iowa.
Russell N. Kieffer Iowa Lie. No. 18128 Date
My license renewal dale is December 31. 2016
Pages or sheets covered by this seal: PAGES 1 AND 2 ONLY
50)NCO
ONPSTRUTEMOUCC ION ORDS '
O
EASEMENT 48 SQ. Fl. .
ERMANENT SIDEWALK & UTILITY EASEMENT l6
THE SOUTHERLY 10' OF THE WESTERLY
TWO FEET OF LOT 52 IN WOODLAWN
PARK SUBDIVISION BEING 20 SQ. FT. IN AREA
S 68'26'02" W 2.00'
NOTE:
THIS SURVEY IS LOCATED IN THE
NE 1/4 SECTION 26, T89N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY IOWA
FOR THE PURPOSE OF THIS
SURVEY THE EAST R.O.W. LINE
OF N. GRANDVIEW AVE. IS
ASSUMED TO BEAR SOUTH 21
DEGREES 39 MINUTES 40
SECONDS EAST
CITY OF DUBUQUE
EASEMENT ACQUISITION PLAT
COUNTY DUBUQUE PARCEL NO. 1023464005 JOB NO. N/A
PROJECT G.VIEW/LORAS/UNIV. SECTION 26 TWP 89N RANGE 2E
ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T 20 SQ. FT.
LEGAL DESCRIPTION: S 1/2 LOT 52 WOODLAWN PARK SUB., CITY OF DUBUQUE
OWNER DEBORAH ROTH, KARLA SCHOEN, WILLIAM MEYER
v./
LOT 27
1590 LORDS BLVD.
W
SURVEYOR'S CERTIFICATE
LEGAL DESCRIPTION
A part of Lot 52 in Woodland Park Subdivision, City of Dubuque, Iowa, more particularly described
as follows:
The Southerly ten feet of the Westerly two feet of Lot 52 in Woodlawn Park Subdivision,
City of Dubuque, Iowa, containing 20 square feet more or less, and subject to easements,
reservations, restrictions and rights of way of record and not of record.
The above described area was surveyed and platted for sidewalk and utility easement purposes for
improvements to Grandview Ave. and Loras Boulevard in the City of Dubuque, Iowa; the plat of
which is attached hereto and made a part of this certificate.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me, or under my direct personal supervision, and that I am a duly licensed
Professional Land Surveyor under the laws of the State of Iowa.
Date' - 2O 5
Russell N. Kieffer, P.L.S. No. 18128
My license renewal date is Dec. 31, 2016
Pages on sheets covered by this seal: this sheet only
2
Reserved for Recorder
Dubuque
All-AmericaCity
2007
CITY OF
DUBUQUE \
DEPARTMENT S>�\CO.\
13th STREET Q'ry
52001-4864 �i C J $\
(563) 5894205 ��
RNN pale: 01-13-2015 \\Q Q
SUB.&LOT 23 PINEHURST SUB. S Q- LOT 99
DUBUQUE, IOWA
Sheat Number. 1 of 2
ENGINEERING
CITY HALL, 50 WEST
DUBUQUE, IA
PHONE (563) 589-4270
Drawn by: RNI( I Approved By:
PART OF LOT 27 TSCHIRGI & SCHWINDS
CITY OF"OLI
DWG Location:
a
C.I.P. Number.
NORTH
LOT 100
0 10' 20' 40' (0'
SCALE 1" = 20' FEET
NOTES:
THIS SURVEY IS LOCATED IN THE
NE 1/4 SECTION 26, T89N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY IOWA
FOR THE PURPOSE OF THIS
SURVEY THE EAST R.O.W. LINE
OF N. GRANDVIEW AVE. IS
ASSUMED TO BEAR SOUTH 21
DEGREES 39 MINUTES 40
SECONDS EAST
NOTES:
2603
LEGEND
• FOUND IRON ROD/PIPE AS SHOWN
SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128
RIGHT OF WAY
0
R.O.W.
(100.00')
RECORD DIMENSION
0 LINE BREAK
N 68'26'02" E
6.00'
POINT OF BEGINNING
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE
sj ez_/
PROPOSED EASEMENT LINE i \
! \
�O�
oI•i PERMANENT SIDEWALK & UTILITY EASEMENT "0
�. 30 SQ. FI. IN AREA
l6 N 21'39'40" W �
s ���� 10.00' \ S 09.19'40" W
Z 11. ss'
0
6 p2.j8/' \ �� \m, 1590 LOTUS BLVD.
CA
7L.
r-
0
O
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: DEBRA J. & ROBERT A. O'CONNELL
g8j
3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA
4. TOTAL AREA OF PERIMETER SURVEYED: 30 SQUARE FEET
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
'
6. DATE OF SURVEY: 03-20-2015 / N
FD. 5/8" REBAR\
t51.` 100
�\ N 68.26 02 C \,\ 7
\FD. 5/8" REBAR , ���
\
\ �O
N 1/2 LOT 47 & N 1/2 \
LOT 48 TSCHIRGI & O
SCHWINDS SUB \ 'G
LOT 60 & W 1/2 LOT 59
TSCHIRGI & SCHWINDS
SUB
LOT 61 & LOT 1 - E 1/2 -
59 IN TSCHIRGI & SCHWINDS
SUB. PER PLAT BK. 5 PG. 72
DUBUQUE CO. RECORDER'S
OFFICE
1610 LORDS BLVD.
\ LOT 27 PER PLAT BK. 5 PG. 72
DUBUQUE CO. RECORDER'S 1
OFFICE
LOT 22
TEMPORARY
\ CONSTRUCTION
EASEMENT 108 SQ. FT.
\\
Jam.
\(,)
GJ \
&Z
LOT 23
PER PLAT BK. 9 PG. 70
DUBUQUE CO. RECORDER'S
OFFICE
I hereby certify that this land surveying document was prepared end
the related survey work was performed by me or under my direct
personal supervision and that I am a duly licensed Land
Surveyor under the laws of the State of Iowa.
• /O-OY-20!5
Russell N. Weller Iowa Lic. No. 18128 Date
My license renewal date is December 31, 2016
Pages or sheets covered by this seal: PAGES 1 AND 2 ONLY
CITY OF DUBUQUE
EASEMENT ACQUISITION PLAT
COUNTY DUBUQUE PARCEL NO 1026206001 JOB NO N/A
PROJECT G.VIEW/LORAS/UNIV. SECTION 26 TWP 89N RANGE 2E
ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T N/A
LEGAL DESCRIPTION• LOT 27 TSCHIRGI & SCHWINDS SUB. & LOT 23 PINEHURST SUB.
OWNER DEBRA J. & ROBERT A. O'CONNELL
SURVEYOR'S CERTIFICATE
LEGAL DESCRIPTION
A part of Lot 27 in Tschirgi & Schwinds Subdivision, City of Dubuque, Iowa, more particularly
described as follows:
Beginning at the Northwesterly corner of Lot 27 in Tschirgi & Schwinds Subdivision in the
City of Dubuque, Iowa; thence North 68 Degrees 26 Minutes 02 Seconds East along the
North line of said Lot 27 a distance of 6.00 feet; thence South 09 Degrees 19 Minutes 40
Seconds West a distance of 11.65 feet to a point on the West line of said Lot 27; thence
North 21 Degrees 39 Minutes 40 Seconds West along the West line of said Lot 27 a
distance of 10.00 feet to the Point of Beginning, containing 30 square feet more or less, and
subject to easements, reservations, restrictions and rights of way of record and not of
record.
The above described area was surveyed and platted for sidewalk and utility easement purposes for
improvements to Grandview Ave. and Loras Boulevard in the City of Dubuque, Iowa; the plat of
which is attached hereto and made a part of this certificate.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me, or under my direct personal supervision, and that I am a duly licensed
Professional Land Surveyor under the laws of the State of Iowa.
18128
7-441 Date a -07- zo,S
Russell N. Kieffer, P.L.S. No. 18128
My license renewal date is Dec. 31, 2016
Pages on sheets covered by this seal: this sheet only
2
NAE LOCATION MAP DAGIS
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DISCLAIMER:This Information was compiled
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DAGIs),u b ch Indodes data c_eated by hem me city of Map Prepared by:
Dubuque and Dubuque county. It Is understood mat,while
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most—r',tand amurate Information available,DAGIs and 1 inch = 30 feet Engineering Division
Its suppliers do not warrant the accuracy or currency of the
Inf—dti n o,data contained herein.The city and pa_ticlpating 50 West 13th Street
agencies shall not be held cable foi-any dl�ect,Indhect,Incldental, Dubuque,Iowa 52001
mnsmgnential,pnnitroe,oi-special damages,whether fo�esmeable or
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