7 30 01 Manson Rd ROWAGENDA
DUBUQUE CITY COUNCIL MEETING
MONDAY, JULY 30, 2001
5:30 P.M.
Eagle Point Park- Riverfront Pavilion
City Acquisition of Property for Manson Road Right-of-Way
City Manager recommending the establishment of the fair market value for a
temporary easement acquisition necessary for the reconstruction of the Manson
Road Bridge, and authorizing eminent domain proceedings to acquire certain
properties owned by John M. and Viola K. Sutton in the City of Dubuque.
RESOLUTION Establishing the fair market value for the acquisition of a
temporary easement for a part of all that portion of Lot 1-1-1-1-1-1-1-1-1 of
Mineral Lot 499 lying south of the centerline of the public road contiguous to Lot
2-1-1-1-1-1-1 of Mineral Lot 499 as per Equity No. 82416, all in the City of
Dubuque, Dubuque County, Iowa, owned by John M. and Viola K. Sutton
RESOLUTION Establishing eminent domain proceedings for the acquisition of a
temporary easement for Lot 1-1-1-1-1-1-1-1-1 of Mineral Lot 499 lying south of
the centerline of the public road contiguous to Lot 2-1-1-1-1-1-1 of Mineral Lot
499 as per Equity No. 82416, all in the City of Dubuque, Dubuque County, Iowa,
and the purchase of a part of Lot 1-1-4 of Mineral Lot 501
Suggested Disposition: Receive and File; Adopt Resolutions
Jeanne F. Schneider
July 26, 2001
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13m Street, Dubuque, IA 52001-4864
RESOLUTION NO.338-01
RESOLUTION AUTHORIZING CITY SOLICITOR TO INSTITUTE EMINENT DOMAIN
PROCEEDINGS TO ACQUIRE A TEMPORARY CONSTRUCTION EASEMENT
ACROSS A PART OF ALL THAT PORTION OF LOT 1-1-1-1-t-1-1-1-1 OF MINERAL
LOT 499 LYING SOUTH OF THE CENTERLINE OF THE PUBLIC ROAD
CONTIGUOUS TO LOT 2-1-1-1-1-1-t OF MINERAL LOT 499 AS PER EQUITY NO.
82416, AND PERMANENT RIGHT-OF-WAY ACQUISITION FOR A PART OF LOT 1-1-
4 OF MINERAL LOT 501 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA,
FOR THE RECONSTRUCTION OF THE MANSON ROAD BRIDGE
WHEREAS, the City of Dubuque (City) finds and determines the eminent domain
proceedings should be instituted to acquire a temporary construction easement and
permanent right-of-way acquisitions needed for the reconstruction of the Manson Road
Bridge.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. That eminent domain proceedings be instituted forthwith by the City of
Dubuque, Iowa, for the acquisition of a temporary construction easement across a part of all
that portion of Lot 1-1-1-1-1-1-1-1-1 of Mineral Lot 499 lying south of the centerline of the public
road contiguous to lot 2-1-1-1-1-1-1 of Mineral Lot 499 as per Equity No. 82416 for the
reconstruction of the Manson Road Bridge, and that the Corporation Counsel be directed to
institute said eminent domain proceedings forthwith for and on behalf of the City of Dubuque,
Iowa.
Section 2. That eminent domain proceedingS be instituted forthwith by the City of
Dubuque, Iowa, for the acquisition of a part of Lot 1-1-4 of Mineral Lot 501.
Section 3. That the Corporation Counsel be and is hereby direc{ed and empowered
to do any and all things necessary and incidental to said eminent domain proceedings to
acquire the temporary construction easement and permanent right-of-way needed.
Passed, approved and adopted this 30th day of July, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13m Street1 Dubuque, IA 52001-4864
RESOLUTION NO.337-01
ESTABLISHING THE FAIR MARKET VALUE FOR THE ACQUISITION OF A
TEMPORARY EASEMENT ON PROPERTY OWNED BY JOHN M. AND VIOLA
K. SUTTON IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque (City) intends to acquire a temporary easement
on property owned by John M. and Viola K. Sutton (Owner), legally described as follows
(the property):
A part of all that portion of Lot 1-1-1-1-1-1-1-1-1 of Mineral Lot 499 lying south of
the centedine of the public road contiguous to Lot 2-1-1-1-1-1-1 of Mineral Lot
499 as per Equity No. 82416, all in the City of Dubuque, Dubuque County, Iowa,
as shown on the attached Exhibit A, for the purpose of reconstructing the
roadway;
AND WHEREAS, Iowa law requires that City must make a good faith effort to
negotiate with the Owner to purchase the Property or property interest before
proceeding with condemnation;
AND WHEREAS, City may not offer make an offer to purchase the Property
which is less than the fair market value City has established for the Property;
AND WHEREAS, City has caused an appraisal of the Property to be made and
the appraised value of the Property is $50.00 for temporary easement;
AND WHEREAS, the City Council now desires to establish the fair market value
of the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The fair market value of the Property is hereby established to be
$50.00 for temporary easement.
Section 2. The City Manager and the Corporation Counsel are hereby
authorized to commence negotiations with the Owner of the Property and any
other interested parties for the purchase of the Property for a purchase pdce
which is not less than the fair market value established by this Resolution.
Passed, approved and adopted this 30th day of July, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk