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Lawsuit Ice Harbor Urban R DisIN TI-ZE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR TH~ ICE HARBOR URBAN RENEWAL. DISTRICT by the THE CITY OF DUBUQUE, IOWA, Applicant CrVlLNO. cvc~aq35 g~ NOTICE OF APPEAL TO THE DISTRICT COURT OF IOWA IN AND FOR DUBUQUE COUNTY PURSUANT TO IOWA CODE SECTION 6B.18 TO: City of Dubuque c/o City Clerk, Jeanne Schneider City Hall 50 W. 13th Street Dubuque, IA 52001 Dubuque County Sheriff Leo Kennedy 8th & Central Avenue Dubuque, IA 52001 City of Dubuque c/o Barry Lindabl 196 Dubuque Building Dubuque, Iowa 52001 The Aspermont Company 1008 Clark Crest Court Dubuque, IA 52001 The Aspermont Company c/o Michael Stapleton, Esq. 141 Pine Drive East Dubuque, IA 51025 Crompton Corporation One American Lane Greenwich~CT 06831 Crompton Corporation c/o T. Ferguson, Esq. Crompton Corporation One American Lane Greenwich, CT 06831 c/o Doug Meyer, Esq. Acldey, Kopecky & Kingery, L.L.P. 4056 Glass Road NE Cedar Rapids, IA 52402 B.E.S.T. Electric, Inc. 962 Main Street Dubuque, IA 52001 R.E. Lewis Refrigeration, Inc. P.O. Box 92 Creston, IA 50801 Dubuque Brewing & Bottling Company 500 East Fourth Street Dubuque, IA 52001 The Brewery P.O. Box 444 Menomonee Falls, WI -1- American Trust & Savings Bank Ninth & Main Streets Dubuque, IA 52001 The Plastic Center, Inc. d/b/a The Fischer Comparfies 290 Main Street Dubuque, IA 52001 Joseph Huber Brewing 1208 14th Avenue P.O. Box 277 Monroe, WI 53566 Glenshaw Glass Company and Hillsboro Glass Company 1101 William Flynn Highway Glenshaw, PA 15116 Fred Einstein dgo/a 21st Century Brands c/o Bruce Wiley 1921 51st Street NE Cedar Rapids, IA 52402 Dubuque County c/o Donna Smith Dnbuque County Courthouse 720 Central Avenue Dubuque, IA 52001 Dm'rant Engineers, Inc. 942 Cycare Plaza Dubuque, IA 52001 Dallas County Brewing Company, Inc. 301 S. 10t~ Street Adel, IA 50003 SDlJScreenprint Design 378 West 300 South Salt Lake City, UT 84101 Special/zed Concrete Systems Co. P.O. Box 213 Amana, IA 52203 EACH OF YOU IS I~E, REBY NOTIFIED that AGRI Industries a/k/a American Grain and Related Industries does hereby appeal to the district court from the award made by the Dubuque County Compensation Commission on June 26, 2001, involving the condemnation described in the Application for Condemnation dated April 20, 2001, which is attached hereto as Exhibit A, and by this reference made a part hereof, with respect to the property with the address of 500 E. Fourth Street, Dubuque, Iowa. AGRI Industries appeals the condemnation commission's award in the amount of $2,107,608, as set forth in the Notice of Appraisement of Damages and Time for Appeal, which is attached hereto as Exhibit B, and by this reference made a part hereof, on the basis that the value of its interests taken as a result of the condemnation is substantially greater than the amount awarded. -2- AGRI Industries further appeals on the basis that the compensation commission failed to award attorney fees to AGRI Industries as requixed by law and/or the Dubuque County Sheriff, as presiding officer, failed to submit to the compensation commission the Affidavit of Attorney Fees and Costs submitted by AGRI Industries on July 3, 2001. YOU ARE FLrRTI~.R NOTIFIED that AGRI Industries will file a petition as required by Iowa law, and that said appeal will come on for hearing before the Iowa District Court for Dubuque County which convenes and is held in the City of Dubuque in Dubuque County, Iowa as provided for by law. l-I~ff[lle Still-Caris PK0009020 '~"4orfias H. Walton PK0009827 I~CEMASTER, GOODE, VOIGTS, WEST, HANSELL & O'BRIEN, P.C. 700 Walnut Street, Suite 1600 Des Moines, IA 50309-3899 Telephone: (515) 283-8003 Fax: (515) 283-8045 ATTORNEYS FOR AGRI INDUSTRIES -3- CERTIfiCATE OF SERVICE The undersigned hereby certifies flint a Ixue copy of the foregoing inslxument was served upon one of the attorneys of record for each party to the above-entitled cause by enclosing the same h/an envelope addressed to each such attorney at h/s/her last known address as shown below,~w~,~.th postage fully paid, and by depositing said envelope in a United States Post Office depository on the ~k~,~-- day of f~, ?X ~_ 2001. -- ~ --:'--ca ' City of Dubuque c/o City Clerk, Jeanne Schneider City Hall 50 W. 13th Street Dubuque, IA 52001 Dubuque County Sheriff Leo Kennedy 8th & Central Avenue Dubuque, IA 52001 City of Dubuque c/o Barry Lindahl 196 Dubuque Building Dubuque, Iowa 52001 The Aspermont Company 1008 Clark Crest Court Dubuque, IA 52001 The Aspermont Company c/o Michael Stapleton, Esq. 141 Pine Drive East Dubuque, IA 51025 Crompton Corporation One American Lane Greenwich,CT 06831 Crompton Corporation c/o T. Ferguson, Esq. Crompton Corporation -One American Lane Greenwich, CT 06831 c/o Doug Meyer, Esq. Acldey, Kopecky & Kingery, L.L.P. 4056 Glass Road NE Cedar Rapids, IA 52402 B.E.S.T. Electric, Inc. 962 Main Street Dubuque, IA 52001 R.E. Lewis Refrigeration, Inc. P.O. Box 92 Creston, IA 50801 Dubuque Brewing & Bottling Company 500 East Fourth Street Dubuque, IA 52001 The Brewery P.O. Box 444 Menomonee Falls, WI American Trust & Savings Bank Ninth & Main Streets Dubuque, IA 52001 The Plastic Center, Inc. d/b/a The Fischer Companies 290 Main Street Dubuque, IA 52001 Joseph HuberBrewing 1208 14mAvenue P.O. Box 277 Monroe, WI 53566 -4- Glenshaw Glass Company and Hillsboro Glass Company 1101 William Flynn Highway Glenshaw, PA 15116 SDl/Screenprint Design 378 West 300 South Salt Lake City, UT 84101 Fred Einstein d~b/a 21~t Century Brands c/o Bruce Wiley 1921 51st Street NE Cedar Rapids, IA 52402 Dubuque County c/o Donna Smith Dubuque County Courthouse 720 Central Avenue Dubuque, IA 52001 Durrant Engineers, Inc. 942 Cycare Plaza Dubuque, IA 52001 DaLlas County Brewing Company, Inc. 301 S. l0th Street Adel, IA 50003 Specialized Concrete Systems Co. P.O. Box 213 Amana, IA 52203 0 :\lhwalton'mg~i~uofi c e appeal.doc -5- IN TINT, SFIW~RIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN ~ MATTER OF ~ CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR ~ ICE HARBOR URBAN RENEWAL PROJECT bythe TFfE, CITY OF DUBUQUE, IOWA, Applicant To. I(t5 2ggl , pR 20 3:07 APPLICATION FOR CONDEMNATION TO: The Honorable Alan L. Pears°n, Chief Judge of the First Judicial District YOU ARE I-~REBY NOTIFIED that the Applicant City of Dubuque, Iowa, desires to take, acquire and condemn a fee simple interest in the properties hereafter described, together with any and all leasehold interests, easement interests and other legal or equitable interests therein, and together with all structures and appurtenances located upon the properties sought to be condemned. The Applicant desires the r/~m specified in the properties sought to be condemued for use for the Ice Harbor Urban Kenewal Project 1. PROPERTY TO BE ACQUIRED; PUBLIC USE OR PURPOSE FOR ~ TAIglNG. The properties in which a fee simple interest is sm%oht to be acquired for the Project are shown on the attached aequi~ition plat, Bxtdbit A. The fee simple interest in the property will be used by the Applicant for the public purpose of clearance of blight and redevelopment in accordance with the Amended and Rest,amd Urban Kenewal Plan for the Ice Harbor Urban Kenewal Distri~ City of Dubuque, Iowa. The property to be acquired is legally described as follows: LEGAL DESCIIIFiION PARCEL I Lots $, 6, 7, 8, 9 and 10, in Block 3; the parts of lots 2, 3 and 4, in Block 3 not included in Fourth Street; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 in Block 4; Lots 1, 2, 3, 4, 5, and 6, in Block 5; the parts of lots 7, 8 and 9, in Block 5, not included in Fourth Street;, EXHIBIT Lot I of lot 10, the unnumbered part of lot 10 not included in Fourth Street, Lot I of lot 11, the unnumbered part of lot 11 not included in Fourth SWeet, and, Lot 1 of lot 12, in Block 5; Lots 13, 14, 15, 16, lot I of lot 17, lot 1 of lot 18, lot 1 of lot 19, in BloCk 6; Lot 1 of lot 20, The unnumbered part of lot 20 not included in Fourth Street, Lot 1 of lot 21, the unnumbered part of lot 21 not included in Fourth Street, all of lots 22 and 23 not included in Fourth Street, and Lot 1 of lot 24, in Block 6; Lot 38, lot 1 of lot 34, lot 1 o£1ot 35, lot 1 of lot 36, and lot 1 of lot 37, in Block 11; in Dubuque Harbor Improvement Company's Addition to the City of Dubuque, Iowa, according to the recorded Plats thereof; PARCI~, H Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24, .the ,mnumbered part of lot 13 not included in Fourth Street, and the nnnmnbered part of lot 14 not included in Fourth Street, in Block 5, in Dubuque Harbor Improvement Company's Addition to the City of Dubuque, Iowa, according to the recorded Plats thereo£ PARCEL HI Lot 1 of Riverwalk 2nd Addition in lt~e City of Dubuque, Iowa, according to the recorded Plat thereof- pARCEl, IV The vacated portion of Tower Street from the north line of Wall Street to the South line of East Fourth Street Extension; The vacated alley in Block 5; The vacated portion of Pine Street from the Levee to Bell Street;, The vacated portion of the alley from the west side of lot 34 to the east side of lot 38, in Block 11; The vacated alley in Block 6; in Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Iowa, according to the recorded Plats thereof- PROPERTY ADDRESS: 500 E. 4m Stree~ Dubuque, Iowa 2. NAMES OF RECORD OWNERS AND HOLDERS OF L~7~,NS AND ENCU-MBRANCERS OF ~ PROPERTY. The names and addresses of all record owners ami holders of liens and encumbrancers ate as follows: Titleholders: The Aspetmont Compaay 1008 Clark Crest Court Dubuque, IA 52001 The Aspermont Company C/o Michael Stapleton, Esq. 141 Pine Drive East Dubuque, IA 61025 Lienholders, Encumbxaneers and Leaseholders: Crompton Corporation One American Lane Greenwich, CT 06831 Crompton Corporation C/o Joha T. Ferguson, Esq. Crompton Corporation One American Lane Greenwie, h, CT 06831 C/o Doug Meyer, Esq. Aekley, Kopeeky & Kingery, L.L2. 4056 Glass Road NE Cedar Rapids, IA 52402 American Grain ~nd Related Industries 2829 Westown ?m~kway, Suite 100 West Des M0ines, IA 50265 American Crr~n and Related Industries Cio I~ulI~e Still-Catis, Esq. Nyemastex, Godde, Voigts, West, Hansell & O'Brien 700 Walnut, Suite 1600 Des Moines, IA 50309 B~E.S.T. Eleotti¢, Iu¢. 962 Main Street Dubuque, IA 52001 liE. Lewis Refrigeration, Inc. P.O. Box 92 Creston, IA 50801 Dubuque Brewing & Bo~'tlng Company 500 East Fourth Street Dubuque, IA 52001 The Brewery P.O. Box 444 Menomonee Falls, WI American Trust & Savings Bank Ninth & Main Streem Dubuque, IA 52001 The Plastic Center, Inc. clfo/a The Fischer Companies 290 Main Street Dubuque, IA 52001 Joseph I-Iuber Brewing 1208 14m Avenue P.O. Box 277 Monroe, WI 53566 Glenshaw Glass Company and l~ill~tx~re Glass Company 1101 William Flynn I-Iighway Glenshaw, PA 15116 SDI/Screenlxint Design 375 West 300 South Salt Lake City, UT 84101 Fred Einstein, dPo/a 2t ~ Centm~y Bran& edo Brace WHey 1921 51*t Street NE Cedar Rapids, IA 52402 Dubuque Coumy edo Donna Smith, Chairperson Dubuque County Coudaouse 720 Central Avenue Dubuque, IA 52001 ~ Engineers, Inc. 942 Cycare Plaza Dubuque, IA 52001 Dallas County Brewing Company, Inc. 301 S. l0th Street Adel~ IA 50003 Spec~ali~.ed Concrete Systems Co. P.O. Box 213 Arn~a, IA 52203 3. LANDS NECESSARY TO ACIgfF,~E ~ PUBLIC PURPOSE AND LANDS PROPOSED TO BE ACQUIRED FOR ~ PROJECT. The Applican~ asserts that the' property constitutes the necessaxy minimum amount of land to achieve the purpose herein i&nfified, and that no portion of the property is being acquired as an uneconomic remnarrL 4. GOOD FAITH EFFORTS MADE BY ~ CITY TO NEGOTIATE TRrF~ PURCHASE OF ~ PROPERTY. The Applicant represents and warrants that is has undertaken the following activities in attesting to negotiate the purchase of the property from the property owner: Offer to purchase property on Ma~h 29, 2001, for the fair market vaine established by resolution of the City Council of the City of Dubuque, Iowa pursuant to appraisal. NOW, THEREFORE, purs~mnt to a regularly adopted resolution by the City Council of the City of Dubuque, Iowa, YOU ARE HEREBY REQUESTED to appoint a Coxnpensafion Commi~ion to appraise the damages caused by thi~ ~l~pxupriation, such Commission to consist of six commissioners who shall be residents of Dubuque County, YOU ARE FLrRTW/~ REQUESTED to give written notice to the undersigned as soon as the c~'nmi.~siuners have been appointed. Dated this f~y o£ April, 2001. CITY~, IOWA 'Corporation Counsel 196 Dubuque Bui~dlng Dubuqu~ IA 52001 T¢le 319 583-4113 Fax 319 AP~y~~ 2001. Chief 3,~d~e, lZn~st ~ludioial District Iff. 80' Sc;ale I" = 80' ~xhibit A. ~' BELL \ S T. (64' R.O.W.) DUBUQUE F~J~B OR R~ROVElvI~XFf COMPAixIY 7kDDITION ~ Lot i LOT 3 ~ocK-~-- I O.--~--A~ BLOCK 11 t 0.394 Ac I:L~MAINDER j 5.066 Ac TOTAL I 6.04 Ac Filed in my office at Dubuque, Iowa, this ~ day of~_~_, 2001. Leo r. ~y/ / Sheriff of Dubu~tue County, Iowa 3KTkIC~ OF ~ OF D~n~S AND ~ ' REOEE[VED JUN ~ 8 ~08~ NGVWH&o RC. Tot~ Ah t~; -- Fees Award ~d'-C~s~s - , t07,608. O0 $ ~ ........... C/O ~TAT.T.T~ STTT,T,-CJLRIS, ~.qQ~ 700 T~AT.1'~tU~ ST~u~.'T SUITE $_I600 DES MOINES, IOWA 50309 $ $ $ $ tf Owner-Oc~.q~ed ]3~e.I~,~nGr i~ aq,~'~d: ~alue of Cond~wmees, t]we!iinq $ ~ess~ ~ ~s~ ~e ~s ~-~ ~o~.of ~e c~~ ~ set ~ ~ve, ~ ~.~-~,a ~ ~e ~e of.~, ~ ~~ (30)'~ ~e ~ ~ ~ ~e, ~._~ ~ ~ ~h ~ ~.~w ~. ' - _... :...L. ~.'..:~ .'-;4;? · . ' ' ' ' " " -' - -~" ' '- ' ,-.'2~J ...... ' ' -' - ' : · ~ ~-~,-~-z~ ,', ~HIBIT