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East/West Corridor Protective Property Acquisition at Asbury/Univeristy_Fahey-Rainbo Oil Copyright 2014 City of Dubuque Action Items # 4. ITEM TITLE: East/West Corridor Protective Property Acquisition at University Avenue and Asbury Road SUMMARY: City Manager recommending approval to acquire property at the intersection of University Avenue and Asbury Road from Fahey Family/Rainbo Oil Company to preserve the corridor identified in the East-West Corridor Connectivity Study and the future reconstruction of the University Avenue -Asbury Road Intersection. RESOLUTION Approving the acquisition of real estate owned by Fahey Family/ Rainbo Oil Company, in the City of Dubuque SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Property Acquisition-Advance Protecti e Purchase- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Exhibit Supporting Documentation Exhibit B Supporting Documentation Exhibit Supporting Documentation FHWA Authorization Supporting Documentation Offer to Buy 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: Approve Property Acquisition –Advance Protective Purchase Fahey Family / Rainbo Oil Company – 2239 University Avenue Iowa DOT Project No. STP-U-2100 (674)-70-31 DATE: April 13, 2016 City Engineer Gus Psihoyos recommends City Council approval to acquire property at the intersection of University Avenue and Asbury Road from Fahey Family/Rainbo Oil Company for the Just Compensation Value/Fair Market Value of $844,000. This acquisition is an advanced protective purchase to preserve the corridor identified in the East-West Corridor Connectivity Study and the future reconstruction of the University Avenue –Asbury Road Intersection. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael 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 `.I`FIE CITY OF Dubuque � .. DT T V R L L Atttcacnl M17,140 piff' on the Mississippi ?rl617 217i: ^Gllt TO: Michael C. Van Milligen FROM: Gus Psihoyos, City Engineer SUBJECT: Approve Property Acquisition - Advance Protective Purchase Fahey Family/ Rainbo Oil Company - 2239 University Avenue Iowa DOT Project No. STP-U-2100 (674)--70-31 DATE: April 12, 2016 INTRODUCTION The purpose of this memorandum is to request City Council approval to acquire property at the intersection of University Avenue and Asbury Road as an advanced protective purchase to preserve the corridor identified in the East-West Corridor Connectivity Study and the future reconstruction of the University Avenue - Asbury Road Intersection. BACKGROUND: EAST - WEST CORRIDOR STUDY In August, 2007, the City Council listed the completion of the East - West Corridor Connectivity Study as a "High-Priority" in its Goals and Priorities for Policy Agenda. The US Highway 20 corridor is the primary east-west route in the City of Dubuque and future traffic volume projections indicate US Highway 20 alone will not provide sufficient capacity for east-west travel in the city. Capacity along alternate east-west corridors will need to be improved to provide connectivity between the western growth areas and the downtown urban core. To achieve this goal, the City retained the professional consultant services of HDR (Omaha, Nebraska) to complete the East-West Corridor Connectivity Study. The purpose of the study was to: analyze the east-west traffic flow in the City; identify corridor improvements or modifications to support growing traffic demands; and to consider transit needs, pedestrian needs, and sustainability. The four east-west corridors identified in the study area are: Asbury Road; Pennsylvania Avenue; University Avenue; and Loras Boulevard. In February 2012, the City Council formally adopted the East - West Corridor Connectivity Study - Final Report and directed City staff to begin implementation plans for the recommendations contained in the East-West Corridor Connectivity Report. Additionally, at this meeting the City Council adopted an ordinance for the establishment of a construction and development moratorium for identified locations within the East - West Corridor Connectivity Study area as shown on the attached Exhibit A. The adopted East - West Corridor Connectivity Study report will act as the City's Master Plan for both short-term and long-term capacity improvements or corridor modifications to support growing east-west traffic flow in the City. The study included recommended improvements supporting complete streets concepts, multi-modal transportation, vehicle, pedestrian, bicycle, and recreational improvements. The report included 32 proposed capacity improvement projects along the four corridors. Capacity improvements identified include a series of intersection realignments, intersection improvements, turn lane additions, add traffic signal interconnect and ITS improvements along each corridor. UNIVERSITY - ASBURY ROAD INTERSECTION IMPROVEMENTS The section of University Avenue, from Pennsylvania Avenue to Loras Boulevard, referred to as the "Overlap Section" was recommended for converting the three intersections along University Avenue to roundabouts. The City retained the services of GHD - Ourston Roundabout Engineering to perform a roundabout location and alignment study and to develop a preliminary design layout for the University and Asbury Intersection location. See the attached Exhibit B. SITE DEVELOPMENT The City has been in communication with the Fahey Family / Rainbo Oil Company about redeveloping their vacant northeast corner property at the intersection of University Avenue and Asbury Road. See the attached Exhibit C. With the construction and development moratorium in-place, this has allowed the City to work with the Fahey Family / Rainbo Oil Company to evaluate other site plan layouts which could accommodate both the proposed roundabout intersection and commercial development. The City had GHD - Ourston Roundabout Engineering work directly with the owner's consultant to evaluate alternate site layout options. The owner, Fahey Family / Rainbo Oil Company did not support the alternate site layout concepts and expressed concerns that the buildable property to remain would not be adequate to support the commercial redevelopment costs. The Fahey Family / Rainbo Oil Company has requested that they be allowed to either fully develop their property for commercial use or that the City purchase their property. PROTECTIVE PURCHASE The City feels that the advance acquisition of the Fahey Family / Rainbo Oil Company property as a protective purchase to preserve the corridor identified in the East-West Corridor Connectivity Study and the future reconstruction of the University Avenue - Asbury Road Intersection, Iowa DOT Project No. STP-U-2100 (674)--70-31, would be in the best interest of the public. Based on the owners documented and demonstrated interest in redeveloping the currently vacant property, this would considerably impact future development of the proposed University Avenue - Asbury Road Intersection reconstruction and would significantly increase the cost to acquire the property at a future date. The City is not currently in a position to consider the acquisition of any additional right- of-way for this project other than proposed advance protective purchase to preserve the corridor. CERTIFIED APPRAISAL PROCESS Following the approval of both the Iowa DOT and the FHWA to proceed with the advance protective purchase, the City retained the services of Iowa Appraisal and Research Corporation and Peoples Company of Iowa as the Professional Appraisal Consultants to provide real estate property Acquisition Appraisal Services. Both Iowa Appraisal and Research Corporation and Peoples Company of Iowa are currently under contract with the City as the Appraisal Consultants for the Southwest Arterial project. Both consultants are prequalified and certified by the Iowa Department of Transportation to perform real estate property Acquisition Appraisal Services. Per Federal Code, the Appraisers prepared a written Detailed Narrative Acquisition Appraisal Report with before and after valuations. The Appraisal Reports for the Fahey Family / Rainbo Oil Company property were completed in accordance and compliance with the Iowa Department of Transportation's Appraisal Policy & Procedures Manual, Appraisal Operational Manual and the Uniform Relocation Assistance and Real Property Acquisition Policies Act. JUST COMPENSATION VALUATION Both Iowa Appraisal and Research Corporation and Peoples Company of Iowa have completed their appraisal reports and established the certified Just Compensation Valuation (Fair Market Value) for each property to be acquired. Those properties are identified as follows: Parcel Land Current Just No. Property Owner Type Land Use Acquisition Type Compensation Value 1A Rainbo Oil Co. (Lot 1, 2, 3) Commercial Vacant Total Acquisition $ 844,000 1 B Rainbo Oil Co. (Lot 4, 5) Commercial Vacant Total Acquisition RECOMMENDATION I recommend that the City acquire the Fahey Family / Rainbo Oil Company property as an advance protective purchase per the terms of the attached Offer to Buy. FUNDING SUMMARY The current estimate of probable cost to acquire the Fahey Family / Rainbo Oil Company property as an advance protective purchase is as follows: Description Estimated Cost Advance Protective Purchase (Parcel 1A, 18) $ 844,000 Contingency & Incidental Costs (10%) 84,400 F- Project Cost Estimate $ 928,400 The project funding is summarized as follows: Fund Description Fund Amount Federal DMATS STP Funding (80%) STP-U-2100 (674)--70-31 $ 742,400 City - Local Funding (20%) 185,600 Project Funding $ 928,400 BUDGETIMPACT The City has funding programmed in FY2016 - 2018 to address potential advance protective property acquisition(s) and to begin the next steps in the design development process to start the preliminary engineering and environmental (NEPA) study phase for the Overlap Section. Once the preliminary engineering and environmental (NEPA) study are completed, corridor impacts will be identified and other property acquisition could begin in approximately FY2018 and would take approximately 3 years to complete. The current available funding for property acquisition(s) is as follows: CIP No. Project Description Funding Funding Source Amount 3002324 University & Asbury Intersection Improvements DMATS STP $ 800,000 3002324 University & Asbury Intersection Improvements City Funds $ 200,000 Current Available Funding 1 $1,000,000 ACTION TO BE TAKEN I respectfully request adoption of the attached resolution approving the Offer to Buy and authorizing acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the Offer. Prepared by: Robert Schiesl, Assistant City Engineer cc: Barry Lindahl, City Attorney 4 f i i Prepared by Bob Schiesl, Asst. Engineer, 50 W. 13th St., Dubuque, IA 52001 563-589-4270 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001 563-589-4100 RESOLUTION NO. 160-16 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY FAHEY FAMILY / RAINBO OIL COMPANY, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Fahey Family / Rainbo Oil Company (Owner), at the intersection of University Avenue and Asbury Road legally described as follows (the Property): Lot 1:NW 25 feet of Lot 2 Finley Addition Lot 2:SE 41 feet of Lot 2 in Finley Addition Lot 3:Lot 1-1 and•2-1 in Finley Addition Lot 4: Lot 1 of Mineral Lot 170 Lot 5: Lot 4, 1-3, 2-3, 2-2 and 1-2 all in Mineral Lot 170 all in the City of Dubuque, Dubuque County, Iowa for the purpose of as an advance protective purchase to preserve the corridor identified in the East — West Corridor Connectivity Study; Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; Whereas, an Offer to Buy and Acceptance has been negotiated with the Owner; and Whereas, it is in the best interest of the City to acquire the property under the terms of the Offer to Buy and Acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed to the Property, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate Section 3. That the City Attorney be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Attorney be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 18th day of April, 2016. Attest: Kev n t. Fimstal 1, tT'Clerk Ric Jone JL ayor Pro -Tem Prepared by: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001-4113 Return to: Barry A Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001-4113 OFFER TO BUY REAL ESTATE AND ACCEPTANCE Project: University Avenue - Asbury Road Intersection Improvements Right -of -Way Acquisition - Advance Protective Purchase Project No. STP -U-2100 (674)--70-31 TO: Rainbo Oil Company SECTION 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to buy real estate in Dubuque County, Iowa, described as follows: Lot 1: NW 25 feet of Lot 2 Finley Addition Lot 2: SE 41 feet of Lot 2 in Finley Addition Lot 3: Lot 1-1 and 2-1 in Finley Addition Lot 4: Lot 1 of Mineral Lot 170 Lot 5: Lot 4, 1-3, 2-3, 2-2 and 1-2 all in Mineral Lot 170 (the Real Estate) together with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate, as acceptable to Buyer in its sole discretion. SECTION 2. PURCHASE PRICE. The Purchase Price for the Real Estate is $844,000.00 payable in cash at closing. SECTION 3. REAL ESTATE TAXES. Taxes for the fiscal year in which the closing takes place shall be paid by Seller prorated to the date of possession. Seller shall also pay any unpaid real estate taxes for prior fiscal years. SECTION 4. POSSESSION. If Buyer and Seller timely perform all obligations, possession of the Real Estate shall be delivered to Buyer on June 1, 2016 or on such other date as the parties agree in writing. SECTION 5. ABSTRACT AND TITLE. Seller shall promptly obtain an abstract of title to the Real Estate continued at Buyer's cost through the date of acceptance of this offer, and deliver it to Buyer for examination. It shall show merchantable title in Seller in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyer at closing. Seller shall pay the costs of any additional necessary abstracting and title work. SECTION 6. DEED. Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances, except as stated in Section 1. University Avenue - Asbury Road Intersection Improvements Project No. STP -U-2100 (674)--70-31 040416baI SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this contract. SECTION 8. REMEDIES OF THE PARTIES. Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. SECTION 9. COURT APPROVAL. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it shall be void. SECTION 10. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. SECTION 11. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. SECTION 12. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before March 17, 2016, it shall become void and all payments shall be repaid to the Buyer. SECTION 13. OTHER PROVISIONS. 13.1 The Offer is subject to final approval of the City Council of the City of Dubuque, Iowa in its sole discretion. 13.2 Buyer, its counsel, accountants, agents and others authorized by Buyer, shall have full and continuing access to the Real Estate and all parts thereof, upon reasonable notice to Seller for the purpose of inspecting, surveying, engineering, test boring, performance of environmental tests and such other work as Buyer shall consider appropriate, provided that Buyer shall hold Seller harmless and fully indemnify Seller against any damage, claim, liability or cause of action arising from or caused by the actions of Buyer, its agents, or representatives upon the Real Estate (except for any damage, claim, liability or cause of action arising from conditions existing prior to any such entry upon the Real Estate), and shall have the further right to make such inquiries of governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as Buyer considers appropriate. 13.3 Environmental Provision. (1) Seller represents and warrants that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, underground storage tanks, burial sites or private wastewater disposal systems located on the Real Estate, the Real Estate does not contain radon gas, asbestos or asbestos containing building materials, or urea -formaldehyde foam insulation, and Seller has done nothing to cause or allow contamination of the Real Estate with University Avenue - Asbury Road Intersection Improvements Project No. STP -U-2100 (674)--70-31 2 hazardous wastes, substances, or pollutants. Seller represents and warrants that the Real Estate is not subject to any local, state, or federal judicial or administrative action, investigation or order regarding any environmental matter. Seller shall provide Buyer with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous wastes, underground storage tanks, private burial sites or private wastewater disposal systems on the Real Estate which shall be considered a warranty and representation by Seller to Buyer. (2) To the extent of the Purchase Price, Seller covenants and agrees at its sole cost and expense to protect, defend, indemnify, defend, release and hold Buyer harmless from and against any and all losses imposed upon or incurred by or asserted against or suffered by Buyer and directly or indirectly arising out of or in any way relating to any one or more of the following (except to the extent the same relate solely to a hazardous substance first introduced to the Real Estate by the Buyer): (a) the past, present, or future presence, release or threatened release of any hazardous substance in, on, above, or under the Real Estate; (b) any past, present, or threatened noncompliance or violations of any federal, state or local laws now existing or hereafter enacted in connection with the Real Estate or operations thereon; (c) any legal or administrative processes or proceedings or judicial proceedings in any way connected with any matter addressed in Section 13.3(1); (d) any personal injury, wrongful death, or property or other damage arising under any statutory or common law or tort law theory concerning any hazardous substances that may exist on the Real Estate; and (e) any misrepresentation or inaccuracy in any representation or warranty or material breach or failure to perform any of the covenants or other obligations pursuant to this Agreement. Seller acknowledges that losses it is required to indemnify Buyer against include, but not by way of limitation, any costs reasonably necessary to remediate the property to a state in which it does not pose a threat to the public safety, without regard to whether such remediation is voluntary or is required by a government authority. (3) This Offer is subject to receipt by Buyer prior to closing of an opinion from Buyer's consultant which is satisfactory to Buyer in Buyer's sole discretion that, based upon conditions known to Buyer's consultant as of the date of this Offer, the costs reasonably necessary to fulfill Buyer's continuing obligations under the federal Comprehensive Environmental Response Compensation and Liability Act, and/or to remediate the property to a state in which it does not pose a threat to the public safety, without regard to whether such remediation is voluntary or is required by a government authority, will not exceed the Purchase Price. 13.4 The covenants, representations and warranties of Section 13.3 shall survive the closing. 13.5 Effective upon the closing hereunder, Seller waives all rights under Iowa Code § 306.23. University Avenue - Asbury Road Intersection Improvements Project No. STP -U-2100 (674)--70-31 3 13.6 This Offer is entered into under threat of, and in lieu of, condemnation proceedings. CITY OF DUBUQUE, IOWA Dated: By Michael C. Van Milligen City Manager THIS OFFER IS ACCEPTED RAINBO OIL COMPANY Dated: By F:\USERS\tsteckle\Lindahl\Rainbo Oil - 2239 University\OfferToBuy_040416.doc University Avenue - Asbury Road Intersection Improvements Project No. STP -U-2100 (674)--70-31 4 i/ IS hz, -'a -West E East-West Corridor Connectivity Study .......... DAGIS ,f Masterpieceonthe Mississippi Construction and Development Moratorium °bB0QUEAREA G 11111`1r`o.Ma.°1=r=,H Af N ST 0RP N Z Z �-A O Fahey Family/Rainbo Oil Company Property RE ST N� 1 l VF RRy ST Cy �2 SNE < N �.L J AFNNS y< � Q' >, �G et uxscIaxraen:This inform tion was compusd Ma Prepared b TWK using me Dubuque Area Geographic information System P P Y 11AG S�,whoh"dudes it creatsd by tom ms cit,of City of Dubuque Dubuque and Dubuque county.it is undsrsmod mat,whus Engineering Division the c�t,of Dubuque and part�dpat�ng agende util�zed the Moratorium Limits X B most currsnt and accurate"formation a�auabie,DAGiS and i - 50 West 13th Street its Supp o,rs do not warrant me accuracy or surrsncy of me W E Dubuque,Iowa 52001 formation or da n con dined Herein me cit,and parecipating agenda snau not be hsd uabie for any drsct,mdrsct'inddsnrai, Phone:(563)589-4270 s�queneai,punitive,o,pedal d—gss,whether torsseeabie or Fax:(563)589-4205 IT A oar rseabie,ansbn out of ms s thonzsd or unauthorizsd use of H:AEngineeringAMaps for Staff this data or h mauiry to u�this data or out of any breach of darrant,a hatsosysr ARon TurnerAUniversity Ave Concept , d4109 - r / \ � N LEGEND � Y� .►� 52 PROPOSED PAVEMENT / r 32 3 A \ $ ' ", Q PROPOSED RAISED MEDIAN 61 0 100 200 =�� �t � �� Q PROPOSED SIDEWALK DU 151 BIKE BIKE t Row NEW SCALE IN FEET 0 PROPOSED TEMPLATE CORRECTION \ ��; (SIDEWALK Raw t t t (SIDEWALKNEW - - PROPOSED PAVEMENT MARKINGS NEW NEW - �\ ,� ROW 5' 6'�6'�7T 7Y' 9' 7Y' 7T�6'�8' ROW 20 20 PROPOSED WALL d os 0.5 946 PROPERTY LINE � \\ \\ ® � � - IN � �• bl Q PROPOSED R.O.W.ACQUISITION \ J ' 20< 51 Y X PROPOSED ROAD CLOSURE _ KEYMAP - �; A STUDY INTERSECTION TRAFFIC SIGNAL LOCATION \ - \, O STUDY INTERSECTION STOP SIGN LOCATION G •. Construction and Development Moratorium Boundary 9 Enhanced . }! Crosswalks O� / A Enhanced Crosswalks Pie - ��Sy�VgNiq _ Enhanced _ Crosswalks O "" O O r I O O \ - �� UNIVERSITY OF q O - �� I. 1P = d DUBUQUE c it-4 I , h ra ' / � yam• �y- \ f i BIKE ROW BIKENEW \. l SIDEWALK T T TSI NEW EXHIBIT B II , BOW •+l�8' 77' 7Y' 9' 72' 77' 8' 8' ROWNEW 0.5• Sources: NEWN� 1. Aerial Photography- City of Dubuque,2006 - PRELIMINARY PLAN 83' 1\ 1 2.Concept-HDR AIW,October 2009 I^- NOT FINAL- SUBJECT TO CHANGE 3.Pro e Parcel- i of Dubuque,2008 THE CITY OF Dubuque RECOMMENDED CONCEPT — UNIVERSITY AVENUE DUB E �1 CITY0F '� E C A OVERLAP SECTION M3 (III Asbury East Ce•ral 1.1—gove•mental Association Figure More Than You Canlmaginel East- West Corridor Connectivity Study, Dubuque County, Iowa 5 - 17 Masterpiece on the Mississippi 200 THE CITY OF FAHEY FAMILY LIMITED PARTNERSHIP PROPERTY OWNERSHIP DUB E University Avenue - Asbury Road Intersection Improvements EXHIBIT C Masterpiece on the Mississippi Iowa DOT Project No. STP-U-2100 (674)--70-31 1670LOT 1 1 60, • � X22 OWNER:FAHEY FAMILY LIMITED PARTNERSHIP - - LEGAL:NW 25'OF LOT 2 FINLEY ADD 1660 -. �`O PARCEL AREA:4,496 S.F. 1605 c� LOT 2 OWNER:FAHEY FAMILY LIMITED PARTNERSHIP LEGAL:SE 41'OF LOT 2 IN FINLEY ADDTION PARCEL AREA:6,774 S.F. 1646 LOT 3 OWNER:FAHEY FAMILY LIMITED PARTNERSHIP LEGAL:LOT 1-1 AND 2-1 IN FINLEY ADDTION .. PARCEL AREA:17,479 S.F. i� LOT 4 LOT 1 1599 OWNER:FAHEY FAMILY LIMITED PARTNERSHIP a _ LEGAL:LOT 1 OF MIN LOT 170 <_7 ' PARCEL AREA:19,807 S.F. 1641 �(P '�, a LOT 5 OWNER:FAHEY FAMILY LIMITED PARTNERSHIP LOT 4 LEGAL:LOT 4,1-3,2-3,2-2&1-2 ALL IN MIN LOT 170 PARCEL AREA:20,026 S.F. PARCEL 1A NOTE: PARCEL 1A and 1B ARE SEPARATED BY PUBLIC ALLEY PARCEL 1 B 15317 2335 �.0 1 1535 LOT 5 _.. 2215 U'V1VERS/T)' 2197 AVE p que County Assessor, City of Dubuque Assessor .'CLAIMER:This Inform atl o,was com b led (sing the Dubuque Area Geographic Informatlon System DAGIS',ah ldh Iododes data seated by both me city of Map Prepared by: Dubuque and Dobogoe County. It Is understood that,while me city of Dobogoe and pa�tidpatlog ageodes oeused me City of Dubuque most current and__bte Information available,DAGIS and 1 inch = 60 feet Engineering Division Its supple s do not warrant the accuracy oi-currency of the Iofo—tlor,oit data eor,talr,ed heel,, The city ar,d bbi-oclpbo,g 50 West 13th Street ageosles shall oof be held liable foi-aoy direct,Iodlceot,Iosldeotal, Dubuque,Iowa 52001 co—q otial,pit,Itroe,oi-special damages,a beth,foi-ereeable oi- "bo"seeable,a­slogoototh fe tho,Ized000aothoiI:doseof 60 30 0 60 Feet Phone:(563)589-4270 this data oi_me I„abwty to o�this data o�oot of aoy beach of wa—ty whatsoever S Fax:(563)589-4205 mow [)C)7r SMARTER I SIMPLER I CUSTOMER DRIVEN WWW.iowadot.gov�Fl District 6 Office I Highway Division 5455 Kirkwood Blvd.SW,Cedar Rapids, A 52404 Phone: (319) 364-0235 1 Fax(319) 364-9614 1 Email: kent.ellis@dot.iowa.gov September 24, 2015 Refi, STP-U-2100(674)--70-31 Dubuque County City of Dubuque Protective Purchase of ROW University and Asbury Road Robert Schiesl Assistant City Engineer Engineering Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4805 SUBJECT: FHWA Authorization for ROW Acquisition and Incidentals- Protective Purchase for Early Acquisition of Parcels IA and 1B (Fahey Partnership) at intersection of University and Asbury Road in the city of Dubuque Dear Robert: On September 16, 2015, the Federal Highway Administration authorized funding for the acquisition of right of way for the referenced project. Therefore, you may proceed with acquiring right-of-way for Parcels IA and 1B (Fahey Partnership) at the intersection of University and Asbury Road. A copy of the Federal Aid Project Agreement is enclosed for your files. FHWA Authorization of right-of-way acquisition and incidentals is only approved for the parcels referenced in the first paragraph of this letter. Any right-of-way costs associated with any additional parcels on this project must receive FHWA Authorization prior to beginning work. Please contact me if you have any questions. Sincerely, Kent L. Ellis, P.E. Local Systems Engineer, District 6 KLE/hmb Enclosure cc: Patty Simons, Office of Right of Way, Iowa DOT, Ames, IA 50010 Run Date: 09/16/2015 U.S. DEPARTMENT OF TRANSPORTATION Report: FMISD05A Run Time: 16:32:09 FEDERAL HIGHWAY ADMINISTRATION Page 1 FEDERAL-AID PROJECT AGREEMENT STATE: IOWA PROJECT NO: 2100(674) STATE PROD.NO: 70312100674 THE STATE,THROUGH ITS HIGHWAY AGENCY,HAVING COMPLIED,OR HEREBY AGREEING TO COMPLY,WITH THE APPLICABLE TERMS AND CONDITIONS SET FORTH IN(1)TITLE 23,U.S.CODE,HIGHWAYS,(2)THE REGULATIONS ISSUED PURSUANT THERETO AND(3)THE POLICIES AND PROCEDURES PROMULGATED BY THE FEDERAL HIGHWAY ADMINISTRATION RELATIVE TO THE ABOVE DESIGNATED PROJECT,AND THE FEDERAL HIGHWAY ADMINISTRATION HAVING AUTHORIZED CERTAIN WORK TO PROCEED AS EVIDENCED BY THE DATE ENTERED OPPOSITE THE SPECIFIC ITEM OF WORK,FEDERAL FUNDS ARE OBLIGATED FOR THE PROJECT NOT TO EXCEED THE AMOUNT SHOWN HEREIN,THE BALANCE OF THE ESTIMATED TOTAL COST BEING AN OBLIGATION OF THE STATE. SUCH OBLIGATION OF FEDERAL FUNDS EXTENDS ONLY TO PROJECT COSTS INCURRED BY THE STATE AFTER THE FEDERAL HIGHWAY ADMINISTRATION AUTHORIZATION TO PROCEED WITH THE PROJECT INVOLVING SUCH COSTS.(Nu PROJECT At the intersection of University&Asbury Road in the city of Dubuque.-ROW DESCRIPTION: DUNS#: 12-052-7275 CLASSIFICATION OF PHASE OF WORK EFFECTIVE DATE TO BE PUT UNDER AGREEMENT OF AUTHORIZATION HIGHWAY PLANNING&RESEARCH PRELIMINARY ENGINEERING RIGHT-OF-WAY 09/15/2015 CONSTRUCTION MCSAP OTHER PROGRAM URBAN/ TOTAL COST FEDERAL FEDERAL FUNDS ADVANCED CONST. CODE WITH SHARE UNDER AGREEMENT FUNDS M2E 1 $747,730.00 80.00% $598,184.00 $0.00 TOTAL $747,730.00 $598,184.00 ESTIMATED TOTAL COST: $747,730.00 TOTAL AUTHORIZED FOR PROJECT: $598,184.00 IOWA DEPARTMENT OF TRANSPORTATION AVAILABLE FUNDS CERTIFIED BY: DANIEL C. STOKES DATE: 09/15/2015 APPROVED AND AUTHORIZED BY: DANIEL C. STOKES DATE: 09/15/2015 AGRMT/MODIFY REQUESTED BY: DANIEL C. STOKES DATE: 09/15/2015 FEDERAL HIGHWAY ADMINISTRATION PROJECT INFORMATION REVIEWED BY: MICHAEL G. LAPIETRA DATE: 09/16/2015 APPROVAL RECOMMENDED BY: MICHAEL G. LAPIETRA DATE: 09/16/2015 APPROVED AND AUTHORIZED BY: PETER E.JENSEN DATE: 09/16/2015 STATE REMARKS: STP-U-2100(674)--70-31, FA 80/20,STIP$800,000, Item#50063, Request for ROW Acquisition($543,804) and ROW Incidentals($54,380)for Parcels 1A and IB(Fahey Partnership). PED=8/16/18.CFDA No.20.205. Final Design/ROW Acquisition/Construction/Railroad Work/Utility Relocations)will not begin until after the NEPA Process is complete. In accordance with FHWA E-Mail dated 10/18/2010 this agreement is subject to the following award terms: http://edocket.access.gpo.gov/2010/pdf/2010-22705.pdf and http://edocket.access.g po.gov/2010/pdf/2010-22706.pdf DIVISION REMARKS: Protectdive purchase of ROW, parcels 1A and 1 B.