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
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1,268.18 SF
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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
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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
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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