Loading...
Offer to Buy Excess Right-of-Way at Fengler Street and Kerper Blvd. Copyright 2014 City of Dubuque Consent Items # 13. ITEM TITLE: Offer to Buy Excess Right-of-Way at Fengler Street and Kerper Boulevard SUMMARY: City Manager recommending approval of an agreement for the City to acquire a portion property owned by Giese Company, LLC in exchange for the vacation of a portion of excess right-of-way on Kerper Boulevard at Fengler Street. RESOLUTION Approving an Offer to Purchase Agreement for the acquisition of property at Fengler Street and Kerper Boulevard between the City of Dubuque, Iowa and Giese Company, LLP SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Property Acquisition-Portion of Giese Property at City Manager Memo Fengler and Kerper-MVM Memo Staff Memo Staff Memo Resolution Resolutions Offer to Buy Supporting Documentation Overview Map Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Property Acquisition —A Portion of Giese Property at Fengler Street and Kerper Boulevard DATE: December 13, 2016 As part of the Kerper Boulevard Sanitary Sewer Repair Project, the City is planning to install a sanitary sewer lift station on property owned by Giese Company LLP at the intersection of Fengler Street and Kerper Boulevard. The City agrees to grant Giese an easement over a portion of the dedicated property in order for them to continue to use the parking lot area for vehicle maneuvering. City Engineer Gus Psihoyos recommends City Council approval of an agreement whereby the City would acquire a portion of Lot 1 of Block 19 in River Front Subdivision No. 3 owned by Giese in exchange for the vacation of a portion of excess right-of-way on Kerper Boulevard. I concur with the recommendation and respectfully request Mayor and City Council approval. 6&-zn' Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque DUB E A"_Ame;caCfty Masterpiece otz the Mississippi ,20@,2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Property Acquisition — A Portion of Giese Property at Fengler Street and Kerper Boulevard DATE: December 12, 2016 INTRODUCTION The purpose of this memorandum is to request City Council approval of an agreement whereby the City would acquire a portion of Lot 1 of Block 19 in River Front Subdivision No. 3 owned by Giese Company LLP (Giese) in exchange for the vacation of a portion of excess right of way of Kerper Boulevard. BACKGROUND As part of the Kerper Boulevard Sanitary Sewer Repair Project, the City is planning to install a sanitary sewer lift station on property owned by Giese at the intersection of Fengler St. and Kerper Boulevard. DISCUSSION Giese has agreed to dedicate the area for the lift station to the City as street right of way in exchange for the vacation of portion of excess right of way on Kerper Boulevard to Giese. The City agrees to grant Giese an easement over a portion of the dedicated property in order for them to continue to use the parking lot area for vehicle maneuvering. RECOMMENDATION I recommend that the City approve the Offer to Purchase agreement to acquire a portion of Lot 1 of Block 19 in River Front Subdivision No. 3 owned by Giese Company LLP (Giese) per the terms of the attached Offer. ACTION TO BE TAKEN I respectfully request adoption of the attached resolution approving the Offer to Purchase agreement and authorizing the City Manager to execute said agreement. Attach. cc: Denise Ihrig, Water Dept. Mgr Nate Kieffer, PLS Todd Irwin, Eng. Tech RESOLUTION NO. 420-16 APPROVING AN OFFER TO PURCHASE AGREEMENT FOR THE ACQUISITION OF PROPERTY AT FENGLER STREET AND KERPER BOULEVARD BETWEEN THE CITY OF DUBUQUE, IOWA AND GIESE COMPANY LLP WHEREAS, the City of Dubuque is party to an Offer to Purchase Agreement with Giese Company LLP, whereby the City would acquire a portion of Lot 1 of Block 19 in River Front Subdivision No. 3 owned by Giese Company LLP (Giese) in exchange for the vacation of a portion of excess right of way of Kerper Boulevard. i WHEREAS, the City of Dubuque has determined that the Kerper Boulevard Sanitary Sewer Repair Project will require that certain public improvements to be located on property currently owned by Giese and Giese agrees that such improvements are reasonable and necessary; and WHEREAS, Giese Company LLP, has executed the Offer to Purchase Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Offer to Purchase Agreement attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Offer to Purchase Agreement on behalf of the City of Dubuque PASSED, APPROVED, AND ADOPTED this 19th day of December, 2016. DZ Roy D. Buol, ayor ATTEST: Kevi, S. Firnstahl, Cit La OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: The City of Dubuque, Iowa, Seller: SECTION 1. REAL ESTATE DESCRIPTION. Giese Company, LLP (Buyer) offers to buy all of Sellers' right, title and interest in and to the real estate in Dubuque County, Iowa, described as follows: A portion of excess right-of-way at Fengler Street and Kerper Boulevard, located north of the intersection of Fengler Street and Kerper Boulevard in the City of Dubuque, Iowa, as shown on the attached Exhibit A (the Real Estate), amounting to approximately 1,268 square feet in size. Exhibit A attached hereto and by this reference is made a part hereof, 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. SECTION 2. PRICE. The purchase price of $1.00 shall be paid at closing. SECTION 3. REAL ESTATE TAXES. Seller must pay any unpaid real estate taxes payable in prior years. Buyer must pay all subsequent real estate taxes. Real estate taxes on Area 1 for the current fiscal year will be prorated to the date of possession. SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of will be delivered to Buyer on January 10, 2017, or such other date as the parties agree in writing, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. SECTION 5. RISK OF LOSS AND INSURANCE. All risk of loss shall remain with Seller until possession of the Real Estate shall be delivered to Buyer. SECTION 6. DEED. Upon payment of the purchase price, Seller will convey the Real Estate to Buyer by Quit Claim Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract. SECTION 8. REMEDIES OF THE PARTIES. If either party fails to timely perform this Contract, Buyer and Seller 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. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract applies to and is binding upon the successors in interest of the parties. SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or before December 9, 2016 it is will be void and all payments must be repaid to the Seller. SECTION 11. OTHER PROVISIONS. 11.1. Vacating Responsibilities. Seller will take the necessary actions required by law to vacate the portion of Kerper Boulevard Right of Way shown on Exhibit A. Seller must comply with all vacating requirements described in Exhibit B attached hereto and by this reference made a part hereof. Seller will be responsible for all surveying and platting costs associated with the vacation of the Right of Way. Seller will be responsible for associated fees, including publication and recording fees, incurred to vacate said portion of Kerper Boulevard. 11.2. Right of Way Dedication. Buyer agrees to dedicate the area shown on Exhibit C to the public forever as public right of way for street and utility purposes. Seller will be responsible for all surveying and platting, publication and recording fees associated with the dedication of right of way. Buyer agrees to execute and consent to said plat of right of way dedication. 11.3 Easements. Seller shall grant Buyer a non-exclusive ingress and egress easement over a portion of the area shown on Exhibit C for a vehicle maneuvering area. Buyer shall be responsible for all pavement maintenance within said easement over the area shown on Exhibit C. 11.4. Environmental Provisions. Seller accepts the Real Estate "as is" and further agrees to defend, indemnify and hold Seller harmless from and against any and all claims of any kind arising out of or resulting from the condition of the Real Estate caused by Buyer or occurring after the closing. 11.5. Notices. The following must be used for purposes of providing written notice pursuant to this Contract. City of Dubuque City Manager 50 West 13th Street Dubuque, IA 52001 Giese Company, LLP 2125 Kerper Boulevard Dubuque, IA 52001 2 11.6. Buyer may not sell or assign this Contract unless the purchaser or assignee acknowledges the obligations of this Section 11 in writing and agrees to be bound thereby. 11.7. The covenants in this Section will survive the Closing. 11.8. Care and Maintenance. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer. 11.9 Abstract and Title. Seller, at its expense, shall promptly obtain an abstract of title to the Real Estate continued 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 Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller. 11.10. This Contract is subject to final approval by the City Council. THIS OFFER IS ACCEPTED Dated: P/20- CITY OF DUBUQUE, IOWA, SELLER By Micha I C. Van Milligen City Manager 3 Dated: 1 -8- i'c, GIESE COMPANY, LLP, BUYER By homas W. Giese Partner EXHIBIT A Kerper Blvd. Right-Of-Way In the City of Dubuque Dubuque,County, IA. OWNER: CITY OF DUBUQUE 10 EXISTING PROPERTY LINE 77 v9 Q1 jd Uj 1,268.18 SF -Z Nolfflt' 1 11- 0 10, 20' 40' SCALE 1" =20' FEET Dubuque CITY OF DUBUQUE R.O.W. =RIGHT OF WAY ENGINEERING DEPARTMENT crry HALL, 50 WE'-ST 13th STREET 000.00'=DIMENSION A I-America City DUBUQUE,1A 52001-4864 , RHONE I I I , PHONE _(563)589-1270 FAX (563)589-4205 EXISTING PROPERTY LINF D'a"f3y NW 02 D"IC EXHIBIT A PROPERTY LINE 2125 Kerper Blvd. 2007RILCI -- ,ht-OTf-vwvay.Dedic;ation 1 7102663 1 S10_0T_Nwmw EXHIBIT B VACATING PROCEDURE CITY OF DUBUQUE VACATING PROCEDURE The following PW.1--dUre is used in the process of vacating an area of pub5c right-of-wiy (streets or alleys)in the City of Dubuque,Iowa. 1- Submit a sketch of the pro-posed area to be vacated to the City Engineer's Office. 2. Th*City-Enginees office will check for sewer and water utilities in the area and give a preliminary indication of whether the vacating is favorable or unfavorable. 3. If a favorable condition exists, submit the f-3CjLIe:St to vicate in writing to: The Honorable Mayor and City Council at 50 West 13�h Street, Dubuque, Iowa, with reasons for the proposed vacating and a sketch of the area to be vacated. The Council will refer the proposed vacifing request to City Staff. 4- You must obtain the written consent of the abutting pfoperty owners of the proposed area to be vacated and any others affected by the proposed vacating, as determined by the City Engineer. (You may want to consider this prior to submitting the Letter to City'Council.) 5� The City will notify the utility companies of the proposed -vacating and inquire of the need for easements. Petitioner may contact utility companies, prior to this step if they, desire. The City may reserve all easement for any existing of proposed public or private LltifitieS located within the proposed vacate area. This easement would preclude the placement of a building on the vicated right-or-way in order to allow for maintenance and construction of said utilities, 6- The City mav have all appraisal prepared for the property to determine the fair market V31LIe, Or LISP, in assessed value of adjacent land based oil a price per square foot, The mininium purchase price is $300 to cover the cost of coordinating and processing the request through City Council, (You may obtain an independent appraisal at your expense,if you desire.) In addition, vou would be responsible for paying publication and filing fees of$100 associated with the vacating process. 7. A plat of survey must be prepared at;.your expense by 1 Licensed Land Surveyor. This will show the boundaries of the proposed vacating and assign a legal description to the property. The plat should show the division of the right-of-way if it is to be split between oflier abutting property o,,vners. 8. Upon receipt of the plat of survey of the area proposed to be vacated, the request,M11 be taken to the Citj Council to be set for a public hearing and fonnal approval. 9- After the public hearing approval by the City Council and receipt of the purchase price and publication of filing fees, the City will execute a Quit C111ni Deed for the vacated propertv and record the deed. 10. You call pick Lip the recorded Quit Claim Deed after it has been returned to the City C:lerk's office at 50 W 13"Street frons the Uounty Recorder. 1013:08 9 EXHIBIT C LOT 1 BLK 19 RIVER FRONT BUB NO 3 In the City of Dubuque Dubuque,County, IA. OWNER: GIESE CO LLP 1 f LU to f� f9 ,�► Ix w A \ARp 41 m X3119 w sr NoVill I 0 10' 20' 40' SCALE 1" = 20' FEET R.O.W.=RIGHT OF WAY Dubuque C I" 'Y OF D LJ B LJ Q LJ 11 000.00'-DIMENSION ENGINEERING DEPARTMENT Lil l V l I^I.I �0 Wi Sl- 1;iilr.;'I 10:.E-1 ® — =EXISTING PROPERTY LINE AI-America Ity Lrinellrxlr_ IA .2001 IIIA r noru: Inn")�'Al + ru 1-^x a 11:.L:e 4205 IIIIQ IIIIII =PROPERTY LINE t _ _.. wr f�rnn 9r Appprp y- j1.sb EXHIBIT C s INGRESS AND EGRESS EASEMENT 2125 Kerpcar Blvd. 2007vacatinq Exccnss Right-of-Way l�o w 7102663 1 9r4tvnwr 2 d 1_ OVERVIEW EXHIBIT RIGHT-OF-WAY TO BE { / PURCHASED GIESE SHEET META A s i AREA TO BE DEDICATED\ ! AS RIGHT-OF-WAY \ j AF* VrF9s r NORTHDubuque CITY OF DUBUQUE ENGINEERING DEPARTMENT 0 20' 0' 00' � CITY HALL. 50 DUBUQUE,nC STREET 2001-4. 4 Y O AIt- Amer�ca Cit SCALE 1° =40' FEET , F't LONE (563)500-4270 FAX (563)569-4205 APP-e,sy: 10ft 12 Dec+s ----k- — — =EXISTING PROPERTY LINE OVERVIEW EXHIBIT c 2125 Kerper Blvd. PROPERTY LINE Ritlht-of-Way Dedication '2007 C.I.P.J um4ar. 7102663 &.et N-bx 1 d 1