SW Arterial Right-of-Way Property Acquisition_Initiate Copyright 2014
City of Dubuque Items to be set for Public Hearing # 6.
ITEM TITLE: SW Arterial Right-of-Way Property Acquisition
SUMMARY: City Manager recommending the City Council set a public
hearing for March 7, 2016, on the intent to commence a
public improvement project and to establish Just
Compensation Valuation (Fair Market Value) of necessary
right-of-way property which the City intends to acquire or
condemn, if required, for the Southwest Arterial Project.
RESOLUTION Setting a public hearing on the intent to
commence a public improvement project for the Southwest
Arterial Project and to acquire agricultural land for the
Project and to establish just compensation valuation (Fair
Market Value) of necessary right-of-way property which the
City intends to acquire or condemn if required for the
Southwest Arterial Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for 3/7/16
ATTACHMENTS:
Description Type
Southwest Arterial Right-of-Way Property Acquisition- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Notice of Intent Supporting Documentation
THE CITY OF Dubuque
UBE 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: Southwest Arterial Project — Parcels 112, 1131 149, 150a, 150b, 152 &
161 Right-of-Way Property Acquisition — Set Date for Public Hearing
DATE: January 28, 2016
Assistant City Engineer Robert Schiesl requests the City Council set a public hearing for
March 7, 2016, on the intent to commence a public improvement project and to
establish Just Compensation Valuation (Fair Market Value) of necessary right-of-way
property which the City intends to acquire or condemn, if required, for the Southwest
Arterial 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
Robert Schiesl, Assistant City Engineer
Gus Psihoyos, City Engineer
Dubuque Engineering Department
THE CITY OF 50 W. 13th Street
Dubuque,IA 52001
All-America City Office(563)589-4270
DUB34kk E 1 I Fax 563 589-4205
® bschiesl@cityofdubuque.org
Masterpiece on the Mississippi 2007.2012.2013 www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
SUBJECT: Southwest Arterial Project - Parcels 112, 113, 149, 150a, 150b, 1521 & 161
Right-of-Way Property Acquisition - Set Date for Public Hearing
DATE: January 28, 2016
INTRODUCTION
The purpose of this memorandum is to provide the City Council with information related
to the right-of-way property acquisition phase for the Southwest Arterial Project and
request that a public hearing be set for March 7, 2016 on the intent to commence a
public improvement project and to establish Just Compensation Valuation (Fair Market
Value) of necessary right-of-way property which the City intends to acquire or condemn
if required for the Southwest Arterial Project.
BACKGROUND
In April 2009 the City requested both Iowa Department of Transportation (Iowa DOT)
and Federal Highway Administration (FHWA) approval and authorization to proceed
with right-of-way property acquisition for the Southwest Arterial Project. On September
101 2009, the City received official notification that the FHWA had given approval and
authorization to proceed with right-of-way acquisition.
Per the terms of the executed of the Memorandum of Understanding between the City
and the Iowa DOT, which was formally signed on August 9, 2013, the City will continue
as the lead agency and will be responsible for completing the property acquisition for
the Southwest Arterial Project.
PROPERTY ACQUISITION STATUS
The City is currently proceeding with right-of-way property acquisition for the remaining
26 of the 58 impacted properties. As of January 2016, the City has purchased 32
properties and has expended approximately $8.5 million in eligible acquisition costs.
The City is currently working on the acquisition of 19 impacted parcels within the US
Highway 20 corridor which are needed for the Menards Frontage Road and the
Southwest Arterial - US20 interchange projects.
The City is ready to begin the acquisition process for the final remaining seven (7)
agricultural properties once the Public Hearing (March 7) is held for those respective
properties. Those properties are identified as follows:
Land Current Fee Title Perm
Parcel Property Owner Name Type Land Use (Acres) Easement
(Acres)
112 Plastic Center, Inc. Agricultural Agricultural 2.15 1.14
113 Paul & Jane Cate Agricultural Agricultural 44.11 0.61
149 Ronald & Gary Valentine Agricultural Agricultural 0.57 0.30
150a Gary Valentine Agricultural Agricultural 18.63 2.88
150b Valentine & Sons Farm Agricultural Agricultural 25.53 3.92
152 William Kress Agricultural Agricultural 6.61 0.83
161 Elizabeth Reuter Agricultural Agricultural 44.19 5.04
RECOMMENDATION
I recommend that the City Council set March 7, 2016 as the date for a public hearing on
the intent to commence a public improvement project and to establish Just
Compensation Valuation (Fair Market Value) of necessary right-of-way property which
the City intends to acquire or condemn if required for the Southwest Arterial Project.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution setting the date for a
public hearing on the intent to commence a public improvement project and to establish
Just Compensation Valuation (Fair Market Value) of necessary right-of-way property
which the City intends to acquire or condemn if required for the Southwest Arterial
Project.
Prepared by Robert Schiesl, Assistant City Engineer
cc: Kent Ellis, Iowa DOT
F:\PROJECTS\SOUTHWEST ARTERIAL\ROW ACQUISITION\Council and Staff Documents\Set Public Hearing -
Parcel 112, 113, 149, 150a, 150b, 152, 161
RESOLUTION NO. 36-16
SETTING A PUBLIC HEARING ON THE INTENT TO COMMENCE A PUBLIC
IMPROVEMENT PROJECT FOR THE SOUTHWEST ARTERIAL PROJECT AND TO
ACQUIRE AGRICULTURAL LAND FOR THE PROJECT AND TO ESTABLISH JUST
COMPENSATION VALUATION (FAIR MARKET VALUE) OF NECESSARY RIGHT-
OF-WAY PROPERTY WHICH THE CITY INTENDS TO ACQUIRE OR CONDEMN IF
REQUIRED FOR THE SOUTHWEST ARTERIAL PROJECT
Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written
notice of a public hearing to each owner of record of agricultural land that may be the
subject ofcondemnation; and
Whereas, the City Council finds that it may be necessary to acquire or condemn
in whole or in part the following -described property for the Southwest Arterial Project:
Parcel 112
Part of Lot 2 of 2, a part of the Division of Lot 2 of South Fork Industrial
Subdivision No. 1, Section 31, Township 89 North, Range 2 East of the
5th RM., according to the United States Government Survey and the
recorded plats thereof subject to highway and easements of record.
Part of Lot 2 of 1, a part of the division of Lot 1 of South Fork Industrial
Subdivision No. 1, Section 31, Township 89 North, Range 2 East of the
5th P.M., according to the United States Government Survey and the
recorded plats thereof subject to highway and easements of record.
Parcel 113
Part of Lot B of the Northeast 1/4 of the Southeast 1/4, Section 31,
Township 89 North, Range 2 East of the 5th P.M., according to the United
States Government Survey and the recorded plats thereof subject to
highway and easements of record.
Part of Lot C of the Northeast 1/4 of the Southeast 1/4 and the Southeast
1/4 of the Southeast 1/4 of Section 31, Township 89 North, Range 2 East
of the 5th P.M., according to the United States Government Survey and
the recorded plats thereof subject to highway and easements of record.
Parcel 149
A part of Lot 1 in Valentine Place Plat 3; . Lot 2 in Valentine Place Plat 2;
and the SEA of the SW%, Lot 2 in the NW% of the SW/4, Lot 2 in the
SW% of the SWY4, and Lot 1 of Lot 1 in the West'/ of the NW% of Section
3, Township 88 North, Range 2 East of the 5th P.M., according to the
United States Government Survey and the recorded plats thereof subject
to highway and easements of record.
Parcel 150a
A part of Lot A of Lot 2 of the Northwest 1/4 of the Southwest 1/4 of
Section 3 and of Lot 1 in Valentine Place No. 3, all in Township 88 North,
Range 2 East of the 5th RM., according to the United States Government
Survey and the recorded plats thereof, subject to highway and easements
of record.
Parcel 150b
A part of Lot A of the Northwest 1/4 of the Southeast 1/4 and of The
Southwest 1/4 Of The Southeast 1/4 And Of The Southeast 1/4 Of The
Southeast 1/4, All in Section 3, Township 88 North, Range 2 East Of The
5th P.M., according to the United States Government Survey and the
recorded plats thereof subject to highway and easements of record.
Parcel 152
A part of the West 1/2 of the Northwest 1/4 of Section 11, Township 88
North, Range 2 East of the 5th P.M., according to the United States
Government Survey and the recorded plats thereof subject to highway and
easements of record.
Parcel 161
A part of the South 1/2 of the NE%, Lot 1 of the East 39 acres of the NE%
of the NW®, Lot 1 of the East 39 acres of the SE'/ of the NW'/, Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of the NW% of the SE'/ and Lot 1 of Lot 1
of Lot 7 of the Ne'/ of the SE'/, all in Section 11, Township 88 North,
Range 2 East of the 5th P.M., according to the United States Government
Survey and the recorded plats thereof subject to highway and easements
of record.
Whereas, the owner of the Parcel 112 is Plastic Center, Inc.; and
Whereas, the owner of the Parcel 113 is Paul and Jane Cate; and
Whereas, the owner of the Parcel 149 is Ronald and Gary Valentine; and
Whereas, the owner of the Parcel 150a is Gary Valentine; and
Whereas, the owner of the Parcel 150b is Valentine & Sons Farm Ltd; and
Whereas, the owner of the Parcel 152 is William Kress; and
Whereas, the owner of the Parcel 161 is Elizabeth Reuter; and
Whereas, a public hearing should be set on the City's intent to commence a
public improvement project for the Southwest Arterial Project and to acquire or
condemn, if necessary, Parcels 112, 113, 149, 150a, 150b, 152, and 161; and
Whereas, notice of the public hearing should be published and mailed as
required by law to the owners of Parcels 112, 113, 149, 150a, 150b, 152, and 161.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
The City Clerk is hereby authorized and directed to cause a notice in the form
attached hereto to be mailed to each of the owners and published as prescribed by Iowa
Code § 6B.2A of a public hearing on the City's intent to commence a public improvement
project for the Southwest Arterial Project and to acquire or condemn in whole or in part,
if necessary, Parcels 112, 113, 149, 150a, 150b, 152, and 161, to be held on the 7th day
of March, 2016, at 6:30 o'clock p.m. in the Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 1st day of February, 2016.
Attest:
Kevin SJ irnstahl, CMC,
ty Clerk
,041
oy D. Buol, Mayor
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT
FOR THE SOUTHWEST ARTERIAL PROJECT AND TO ACQUIRE
AGRICULTURAL LAND FOR THE PROJECT
Last known address of
Owners owner of Affected land
TO:
Plastic Center, Inc. (Parcel 112) 290 Main Street
Dubuque, IA 52001
Paul & Jayne Cate (Parcel 113) 14092 Old Highway Road
Dubuque, IA 52002
Ronald & Gary Valentine (Parcel 149) 11470 Edval Lane
Dubuque, IA 52003
Gary Valentine (Parcel 150a) 11429 Edval Lane
Dubuque, IA 52003
Valentine & Sons Farm Ltd (Parcel 150b) 11426 Edval Lane
Dubuque, IA 52003
William Kress (Parcel 152) 10891 Oakland Farms Rd
Dubuque, IA 52003
Elizabeth Reuter (Parcel 161) 10495 Key West Drive
Dubuque, IA 52003
Legal Descriptions:
Parcel 112
Part of Lot 2 of 2, a part of the Division of Lot 2 of South Fork
Industrial Subdivision No. 1, Section 31, Township 89 North, Range
2 East of the 5th P.M., according to the United States Government
Survey and the recorded plats thereof subject to highway and
easements of record.
Part of Lot 2 of 1, a part of the division of Lot 1 of South Fork
Industrial Subdivision No. 1, Section 31, Township 89 North, Range
2 East of the 5th P.M., according to the United States Government
Survey and the recorded plats thereof subject to highway and
easements of record.
Parcel 113
Part of Lot B of the Northeast 1/4 of the Southeast 1/4, Section 31,
Township 89 North, Range 2 East of the 5th RM., according to the
United States Government Survey and the recorded plats thereof
subject to highway and easements of record.
Part of Lot C of the Northeast 1/4 of the Southeast 1/4 and the
Southeast 1/4 of the Southeast 1/4 of Section 31, Township 89
North, Range 2 East of the 5th RM., according to the United States
Government Survey and the recorded plats thereof subject to
highway and easements of record.
Parcel 149
A part of Lot 1 in Valentine Place Plat 3; Lot 2 in Valentine Place
Plat 2; and the SE'/ of the SW'/, Lot 2 in the NW% of the SW'/,
Lot 2 in the SW'/ of the SW'/, and Lot 1 of Lot 1 in the West 1/2 of
the NW'/ of Section 3, Township 88 North, Range 2 East of the 5th
P.M., according to the United States Government Survey and the
recorded plats thereof subject to highway and easements of record.
Parcel 150a
A part of Lot A of Lot 2 of the Northwest 1/4 of the Southwest 1/4 of
Section 3 and of Lot 1 in Valentine Place No. 3, all in Township 88
North, Range 2 East of the 5th P.M., according to the United States
Government Survey and the recorded plats thereof, subject to
highway and easements of record.
Parcel 150b
A part of Lot A of the Northwest 1/4 of the Southeast 1/4 and of The
Southwest 1/4 Of The Southeast 1/4 And Of The Southeast 1/4 Of
The Southeast 1/4, All in Section 3, Township 88 North, Range 2
East Of The 5th RM., according to the United States Government
Survey and the recorded plats thereof subject to highway and
easements of record.
Parcel 152
A part of the West '/2 of the Northwest 1/4 of Section 11, Township
88 North, Range 2 East of the 5th P.M., according to the United
States Government Survey and the recorded plats thereof subject
to highway and easements of record.
Parcel 161
A part of the South 1/2 of the NE'/, Lot 1 of the East 39 acres of the
NE'/ of the NW1/4, Lot 1 of the East 39 acres of the SE'/ of the
NW'/, Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the NW% of the
2
SE'/ and Lot 1 of Lot 1 of Lot 7 of the Ne% of the SE'/, all in
Section 11, Township 88 North, Range 2 East of the 5th RM.,
according to the United States Government Survey and the
recorded plats thereof subject to highway and easements of record.
Under the provisions of Chapter 6B of the Iowa Code, a governmental body
which proposes to acquire agricultural land under power of eminent domain for a
public improvement project is required to give notice of intent to commence the
project to all owners of such agricultural land whose properties may be acquired
in whole or in part for the project. See Iowa Code §§ 6A.21(a), 6B.2A.
1. DESCRIPTION OF THE PROJECT.
NOTICE IS HEREBY GIVEN to the above identified owners of agricultural land
that the City Council of the City of Dubuque will consider authorizing the
commencement of a project to construct the Southwest Arterial Project and
related facilities.
2. PRIVATE PROPERTY MAY BE ACQUIRED BY PURCHASE OR
CONDEMNATION.
If the above described project is approved by the City Council, the City will be
required to acquire property (permanent and temporary easements) for the project
improvements. Upon review of Dubuque County property records, it appears that
agricultural land owned by the above identified persons may have to be acquired in
whole or in part for the project. The City will attempt to purchase the required
agricultural land by good faith negotiations, and it may condemn those properties
which it is unable to purchase. The proposed location of the above described
public improvement is shown on a conceptual drawing of the project which is now
on file in the office of the City Engineer and available for public inspection.
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND
TO ACQUIRE PROPERTY; CITY COUNCIL ACTION REQUIRED TO
PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT.
In making the decision to proceed with the above described project and to
authorize the acquisition of property (permanent and temporary easements) and
property interests, the City Council is required to hold a public hearing, giving
persons interested in the proposed project the opportunity to present their views
regarding the project, and regarding the proposed acquisition of property
(permanent and temporary easements) for the project. The public hearing on the
project will be held during the City Council's regularly scheduled meeting on the
7th day of March, 2016 at the Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque, Iowa, commencing at 6:30 p.m. In
order for the City to proceed with the above-described project and commence the
acquisition of property for the project, the City Council will be required to approve
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the project and authorize acquisition of private property (permanent and
temporary easements) for the project by Council resolution. The City Council is
scheduled to consider adoption of the resolution at said meeting following the
public hearing.
If the project is approved by the City Council, a certified appraiser retained by the
City will determine the compensation (in compliance with Federal regulations and
Iowa Department of Transportation right-of-way acquisition policies and
procedures) to be paid for property or property interests that are needed for the
project. The City will offer no less than the appraised value and will attempt to
purchase only the needed property by good faith negotiations. If the City is
unable to acquire properties needed for the project by negotiation, the City will
acquire those properties by condemnation.
4. CONTACT PERSON.
Persons desiring further information regarding the proposed public improvement
project or its impact on the properties identified above may contact by mail
Assistant City Engineer, Robert Schiesl, 50 West 13th St., Dubuque, Iowa 52001,
or by telephone at (563) 589-4270.
5. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as
the owner of property have certain rights. You have the right to
a. Receive just compensation for the taking of property. (Iowa Const., Article
I, Section 18)
b. An offer to purchase which may not be less than the lowest appraisal of
the fair market value of the property. (Iowa Code §§ 6B.45, 6B54)
c. Receive a copy of the appraisal and review appraisal, upon which the
acquiring agency's determination of just compensation is based not less
than 10 days before being contacted by the acquiring agency's acquisition
agent. ( Iowa Code §6B.45)
d. When an appraisal is required, an opportunity to accompany at least one
appraiser of the acquiring agency who appraises your property. (Iowa
Code §68.54)
e. Participate in good faith negotiations with the acquiring agency before the
acquiring agency begins condemnation proceedings. (Iowa Code
§6B.3(1))
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f. If you cannot agree on a purchase price with the acquiring agency, a
determination of just compensation by an impartial compensation
commission and the right to appeal its award to district court. (Iowa Code
§§ 66.4, 6B.7, and 6B.18)
g.
Payment of the agreed upon purchase price, or if condemned, a deposit of
the compensation commission award before you are required to surrender
possession of the property. (Iowa Code §§ 6B.25 and 66.54(11))
h. Reimbursement for expenses incidental to transferring title to the acquiring
agency. (Iowa Code §§ 6B.33 and 68.54(10))
i. Reimbursement of certain litigation expenses: (1) if the award of the
compensation commissioners exceeds 110 percent of the acquiring
agency's final offer before condemnation; and (2) if the award on appeal in
court is more than the compensation commissioner's award. (Iowa Code
§ 6B.33)
j.
At least 90 days written notice to vacate occupied property. (Iowa Code
§ 66.54(4))
k. Relocation services and payments, if you are eligible to receive them, and
the right to appeal your eligibility for and amount of payments. (Iowa Code
§316.9)
The rights set out in this Statement are not claimed to be a full and complete
list or explanation of an owner's rights under the law. They are derived from Iowa
Code Chapters 6A, 6B and 316. For a more thorough presentation of an owner's
rights, you should refer directly to the Iowa Code or contact an attorney of your
choice.
This Notice is given by pursuant to Iowa Code Section 6B.2D and by authority
of the City Council of the City of Dubuque, Iowa.
Copies of supporting documents for the public hearings are on file in the City
Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed
during normal working hours.
Written comments regarding the above public hearings may be submitted to
the City Clerk's Office on or before said time of public hearing. At said time and
place of public hearings all interested citizens and parties will be given an
opportunity to be heard for or against said proposal.
Any visual or hearing impaired persons needing special assistance or persons
with special accessibility needs should contact the City Clerk's Office at (563)
589-4100 or TDD (563) 690-6678 at least 48 hours prior to the meeting.
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Kevi 'S. Firnstahl, 17 -Clerk
Notice Mailed to all affected Property Owners on the 3rd day of February, 2016.
Notice Published in the Telegraph Herald on the 19th day of February, 2016.
1t 2/19
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