University Ave Ext purch Iowa Glass property (Elm R.E.LC)
March 16, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: University Avenue Extension Project - Acquisition of Elm Real Estate L.C.
Property (Iowa Glass)
Corporation Counsel Barry Lindahl recommends City Council acceptance of the deed to
the property from Elm Real Estate, L.C. (Iowa Glass) for property in connection with the
University Avenue Extension Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
BAR R Y A. L I N D A H L, ESQ.
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:
Michael C. Van Milligen
City Manager
DATE:
March 16, 2005
RE:
University Avenue Extension Project - Acquisition of Elm Real
Estate L.C. Property (Iowa Glass)
Mike:
We have recently closed on the City's acquisition of property from Elm Real Estate, L.C.
(Iowa Glass) for property in connection with the University Avenue Extension Project.
Enclosed is a resolution accepting the deed to the property. I recommend that the
resolution be submitted to the City Council for adoption.
Enclosure
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque,org
, .
Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563583-4113
RESOLUTION NO. 97-05
ACCEPTING THE DEEDrO CERTAIN REAL ESTATE IN DUBUQUE COUNTY,
IOWA FROM ELM REAL ESTATE, L.C.
WHEREAS, the City of Dubuque entered into an Agreement with Elm Real
Estate, L.C. for the purchase of the real property in Dubuque County, Iowa,
described as follows:
That part of Lot 2 of Newman Place and that part of Lots 1 and 2 of the
Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot
2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision
of part of Lot 1 of the Subdivision of Mineral Lot 248, now in the City of
Dubuque, Dubuque County, Iowa, more particularly described as
follows:
Beginning at the southeasterly corner of Lot 2 of the Subdivision of Lot
2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot
237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of
the Subdivision of Mineral Lot 248; thence South 82001'41" West along
the south Iline of said Lot 2 and the presently established northerly
right-of-way line of existing U.S. Highway No. 20 a distance of 207.25
feet; thence North 04047'57" West, 48.63 feet; thence North 83055'09"
West, 87.59 feet; thence North 68055'15" West, 29.72 feet; thence
North 20040'29" East, 48.00 feet; thence North 43038'03" East, 30.86
feet; thence South 83055'09" East, 69.77 feet; thence North 05005'28"
West, 144.00 feet to the beginning of a 40.00 foot radius tangent curve
concave southwesterly with a central angle of 102045'27"; thence
Northwesterly, 71.74 feet along said curve with a chord bearing North
56028'11" West, 62.50 feet; thence South 72009'05" West, 64.24 feet
to the presently established southeasterly right-of-way line of existing
University Avenue and the northerly line of Lot 1 of the Subdivision of
Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral
Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot
1 of the Subdivision of Mineral Lot 248; thence North 59012'28" East
along said southeasterly right-of-way line and said northerly lot line
68.57 feet to the northerly corner of said Lot 1; thence North 58048'36"
East, 26.84 feet along said southeasterly right-of-way line and the
northerly line of Lot 2 of Newman Place to the beginning of a 606.08
foot radius tangent curve concave northwesterly with a central angle of
, .
12030'58"; thence Northeasterly, 132.40 feet along said curve and said
southeasterly right-of-way line with a chord bearing North 52033'07"
East,132.13 feet to the westerly corner of Lot 1 of Newman Place;
thence South 38017'36" East along the southwesterly line of said Lot 1
a distance of 27.60 feet; thence South 51015'23" West along said
southwesterly line 12.00 feet; thence South 38044'37" East along said
southwesterly line 49.60 feet to the southerly corner of said Lot 1;
thence North 51015'23" East along the southeasterly line of said Lot 1
a distance of 84.89 feet to the easterly corner of said Lot 1; thence
North 38053'12" West along the northeasterly line of said Lot 1 a
distance of 35.36 feet; thence North 54001'05" West along said
northeasterly line 49.27 feet to the northerly corner of said Lot 1 and
said presently established southeasterly right-of-way line of existing
University Avenue; thence North 71022'34" East along said
southeasterly right-of-way line and the northerly line of Lot 2 of said
Newman Place 28.96 feet; thence South 8r37'02" East along said
northerly line 141.44 feet to the northeast corner of said Lot 2; thence
South 01035'57" East along the east line of said Lot 2 a distance of
80.90 feet; thence South 32028'34" West along said east line 67.74
feet; thence South 06026'09" West along said east line 165.78 feet;
thence South 33033'51" East along said east line 4.80 feet; thence
South 01054'09" West along said east line 1 0.43 feet to the southerly
corner of said Lot 2 and the northeast corner of Lot 2 of the
Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot
2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision
of--f}8rt-Gf.--L-ot--t-gf--tRe Subdivision of Mineral Lot 248; thence South
02044'37" West along the east line of said Lot 2 a distance of 115.23
feet to the Point of Beginning containing 106,520 square feet more or
less.
NOTE: The southerly line of Lot 2 of the Subdivision of Lot 2 of the
Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and
Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the
Subdivision of Mineral Lot 248 is assumed to bear South 82001'41"
West.
AND WHEREAS, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from Elm Real
Estate, L.C. a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this
Resolution and the Deed with the Dubuque County Recorder.
.....
Passed, approved and adopted this 21st day of March, 2005.
#
J
to .
Prepared by; John H. Ehrhart, 425 2'" Sl SE #1010, Cedar Rapids. IA 52401
Address Tax Statements to: City of Dubuque, IA . 50 West 13th Street, Dubuque, IA 52001
319-366-7795
WARRANTY DEED
For the consideration of One Hundred Seventy-Nine Thousand and no/I00----($179.000.00)---Dollars and
other valuable consideration in hand paid by the City of Dubuque, Iowa, ELM REAL ESTATE, L.C., an Iowa
limited liability company, does hereby convey to the CITY OF DUBUQUE, IOWA real estate in DUBUQUE
County, Iowa:
THE FEE SIMPLE TITLE GRANTED ISTO LAND DESCRIBED AS FOLLOWS:
That part of Lot 2 of Newman Place and that part of Lots 1 and 2 of the Subdivision of Lot 2 of the
Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and
the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248, now in the City of Dubuque,
Dubuque County, Iowa, as shown on Acquisition Plat, Exhibit A, a copy of which is attached hereto
and by reference made a part hereof, more particularly described as follows:
Beginning at the southeasterly comer of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1
of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of
part of Lot 1 of the Subdivision of Mineral Lot 248; thence South 82001'41" West along the south
line of said Lot 2 and the presently established northerly right-of-way line of existing U.S. Highway
No. 20 a distance of 207.25 feet; thence North 04047'57" West, 48.63 feet; thence North 83055'09"
West, 87.59 feet; thence North 68055'15" West, 29.72 feet; thence North 20040'29" East, 48.00 feet;
thence North 43038'03" East, 30.86 feet; thence South 83055'09" East, 69.77 feet; thence North
05005'28" West, 144.00 feet to the beginning of a 40.00 foot radius tangent curve concave
southwesterly with a central angle of 102045'27"; thence Northwesterly, 71.74 feet along said curve
with a chord bearing North 56028'11" West, 62.50 feet; thence South 72009'05" West, 64.24 feet to
the presently established southeasterly right-of-way line of existing University Avenue and the
northerly line of Lot 1 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot
2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the
Subdivision of Mineral Lot 248; thence North 59012'28" East along said southeasterly right-of-way
line and said northerly lot line 68.57 feet to the northerly comer of said Lot 1; thence North
58048'36" East, 26.84 feet along said southeasterly right-of-way line and the northerly line of Lot 2
of Newman Place to the beginning of a 606.08 foot radius tangent curve concave northwesterly with
a central angle of 12030'58"; thence Northeasterly, 132.40 feet along said curve and said
southeasterly right-of-way line with a chord bearing North 52033'07" East,132.13 feet to the westerly
comer of Lot 1 of Newman Place; thence South 38017'36" East along the southwesterly line of said
Lot 1 a distance of 27.60 feet; thence South 51015'23" West along said southwesterly line 12.00
feet; thence South 38044'37" East along said southwesterly line 49.60 feet to the southerly corner of
said Lot 1; thence North 51015'23" East along the southeasterly line of said Lot 1 a distance of
84.89 feet to the easterly comer of said Lot 1; thence North 38053'12" West along the northeasterly
line of said Lot 1 a distance of 35.36 feet; thence North 54001'05" West along said northeasterly line
49.27 feet to the northerly corner of said Lot 1 and said presently established southeasterly right-of-
way line of existing University Avenue; thence North 71022'34" East along said southeasterly right-
of-way line and the northerly line of Lot 2 of said Newman Place 28.96 feet; thence South 87037'02"
East along said northerly line 141.44 feet to the northeast comer of said Lot 2; thence South
01035'57" East along the east line of said Lot 2 a distance of 80.90 feet; thence South 32028'34"
West along said east line 67.74 feet; thence South 06026'09" West along said east line 165.78 feet;
thence South 33033'51" East along said east line 4.80 feet; thence South 01054'09" West along said
east line 10.43 feet to the southerly comer of said Lot 2 and the northeast corner of Lot 2 of the
Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and
Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248;
thence South 02044'37" West along the east line of said Lot 2 a distance of 115.23 feet to the Point
of Beginning containing 106,520 square feet more or less.
NOTE: The southerly line of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the
Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of
Lot 1 of the Subdivision of Mineral Lot 248 is assumed to bear South 82001'41" West.
City of Dubuque, Iowa Project No. STP-U-2100(623)--70-31
Elm Real Estate, L.C. (Parcel No.1)
This deed is given in fulfillment of a certain purchase agreement dated
recorded in the Dubuque eounty Recorder's Office on , in
except those terms that survive the execution of this document.
and
The additional amount of $2,000.00, as agreed to by purchase agreement, is paid as severance damages to
the remaining property and is not subject to real estate transfer tax.
This land is being acquired for public purposes through eminent domain and a Declaration of Value is not
required. Iowa eode Sec. 428A.1.
Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real estate by
title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real
estate is fee and clear of all liens and encumbrances except as may be above state; and grantors covenant to
warrant and defend the real estate against the lawful claims of all persons except as may be above stated.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the
real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural
number, and as masculine or feminine gender, according to the context.
Dated
A1 ~41 IS-
, 20 ~. (SIGN IN INK)
ELM REAL ESTATE, L.C., an Iowa limited liability company
z;&-; ~~
By ;?Jf ~ i.r Ie.
Steven M. Dummermuth (Type/Print ame)
Agent (Title)
By:
(NOTARY PLEASE COMPLETE LEFT AND RIGHT SIDES)
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF ~ , COUNTY OF L I '"' ~
ss.
On this ~ day of In,rG L ,20 (j (" , before me, the
undersigned, a Notary Public in and for said State, personally
appeared ;:1<'-'1:1'\ 1?1 D.-<.Wlrr:'i/ ~~
_to me personally known
or -Lproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/sb.e11Rey executed
the same in his/1lefAAeir authorized capacity(ies), and that by
his/h9fAl:leir signature(s) on the instrument the person(s), or the
entity(ies) upon behalf of which the person(s) acted, executed the
instrument. ~
IL. ~ (Sign in Ink)
(PrintlType Name)
Notary Public in and for the State of
eity of Dubuque, Iowa Project No. STP-U-2100(623)--70-31
Elm Real Estate, L.e. (Parcel No.1)
(Type/Print Name)
(Title)
I CAPACITY CLAIMED BY SELLER:
} I _INDIVIDUAL
l_eORPORATE
I Titles of eorporate Officer(s):
_Corporate Seal is affixed
_No Corporate Seal procured
_PARTNERSHIP:_Limited _General
_ATTORN EY-IN-FAeT
~EXECUTOR(s) or TRUSTEE(s)
_GUARDIAN(s) or CONSERVATOR(s)
~OTHER: AGENT
SELLER IS REPRESENTING:
Names of entity(ies) or person(s)
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EXHIBIT A
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RESOLUTION AUTHORIZING STEVEN M. DUMMERMUTH TO ACT AS AGENT
RESOLVED, that Steven M. Dummermuth is hereby authorized and directed to
act as Agent for and on behalf of Elm Real Estate, L.C., with respect to real estate matters,
including, but not limited to, the execution and delivery of purchase agreements, lease
agreements, and related documents in such form, and with such changes therein or additions
thereto, as may be approved by the agent so executing the same, and to do any and all further
things as such agent shall deem appropriate, necessary or desirable to carry out and fulfill the
purposes and intent of the foregoing resolution.
CERTIFICA TE
I, Steven F. Dummermuth, Secretary of Elm Real Estate, L.C., hereby certify that
the attached is a complete, true and correct copy of the certain Resolution of the Members of
Elm Real Estate, L.C., a limited liability company duly organized and existing under the laws
of the State of Iowa, which Resolution was adopted by the Members on July 17, 2000; that
I am the keeper of the minutes and records of this company; and that the said Resolution has
not been rescinded or modified and is still in full force and effect and has not been revoked.
Au6-vS1
IN WITNESS WHEREOF, I have hereunto affixed my signature this ?- day of
, 2000.
~~~
'STEVEN F. DUMMERMUTH, Secretary
IIII llII IIH III ll ll
m
II
IIH II 11
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Doc ID' 005124400003 Type GEN
Recorded: 03/24/2005 at 12:56:56 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
Kathy Flynn Thurlow Recorder (]
Fi1e2005-00004190
Prepared by: John H. Ehrhart, 425 2nd St SE, Cedar Rapids, IA 52401
PARTIAL RELEASE OF REAL ESTATE MORTGAGE
319-366-7795
The undersigned, the present owner(s) of the mortgage hereinafter described, for valuable consideration,
receipt of which is hereby acknowledged, do hereby acknowledge that the following described real estate
situated in Dubuque County, Iowa, to -wit:
That part of Lot 2 of Newman Place and that part of Lots 1 and 2 of the Subdivision of Lot 2 of the
Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the
Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248, now in the City of Dubuque,
Dubuque County, Iowa, as shown on Acquisition Plat, Exhibit A, a copy of which is attached hereto
and by reference made a part hereof, more particularly described as follows:
Beginning at the southeasterly corner of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of
the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of
Lot 1 of the Subdivision of Mineral Lot 248; thence South 82°01'41" West along the south line of said
Lot 2 and the presently established northerly right-of-way line of existing U.S. Highway No. 20 a
distance of 207.25 feet; thence North 04°47'57" West, 48.63 feet; thence North 83°55'09" West, 87.59
feet; thence North 68°55'15" West, 29.72 feet; thence North 20°40'29" East, 48.00 feet; thence North
43°38'03" East, 30.86 feet; thence South 83°55'09" East, 69.77 feet; thence North 05°05'28" West,
144.00 feet to the beginning of a 40.00 foot radius tangent curve concave southwesterly with a central
angle of 102°45'27"; thence Northwesterly, 71.74 feet along said curve with a chord bearing North
56°28'11" West, 62.50 feet; thence South 72°09'05" West, 64.24 feet to the presently established
southeasterly right-of-way line of existing University Avenue and the northerly line of Lot 1 of the
Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2
of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248; thence
North 59°12'28" East along said southeasterly right-of-way line and said northerly lot line 68.57 feet to
the northerly corner of said Lot 1; thence North 58°48'36" East, 26.84 feet along said southeasterly
right-of-way line and the northerly line of Lot 2 of Newman Place to the beginning of a 606.08 foot
radius tangent curve concave northwesterly with a central angle of 12°30'58"; thence Northeasterly,
132.40 feet along said curve and said southeasterly right-of-way line with a chord bearing North
52°33'07" East,132.13 feet to the westerly corner of Lot 1 of Newman Place; thence South 38°17'36°'
East along the southwesterly line of said Lot 1 a distance of 27.60 feet; thence South 51°15'23" West
along said southwesterly line 12.00 feet; thence South 38°44'37" East along said southwesterly line
49.60 feet to the southerly corner of said Lot 1; thence North 51°15'23" East along the southeasterly
line of said Lot 1 a distance of 84.89 feet to the easterly corner of said Lot 1; thence North 38°53'12"
West along the northeasterly line of said Lot 1 a distance of 35.36 feet; thence North 54°01'05" West
along said northeasterly line 49.27 feet to the northerly corner of said Lot 1 and said presently
established southeasterly right-of-way line of existing University Avenue; thence North 71°22'34" East
along said southeasterly right-of-way line and the northerly line of Lot 2 of said Newman Place 28.96
feet; thence South 87°37°02" East along said northerly line 141.44 feet to the northeast corner of said
Lot 2; thence South 01°35'57" East along the east line of said Lot 2 a distance of 80.90 feet; thence
South 32°28'34" West along said east line 67.74 feet; thence South 06°26'09" West along said east
line 165.78 feet; thence South 33°33'51" East along said east line 4.80 feet; thence South 01°54'09"
West along said east line 10.43 feet to the southerly corner of said Lot 2 and the northeast corner of
"'visionLot of SiL iv: i of Lot of Subdivision of Lot 2 Minera! Lot
Lot 2 of the Subdivision of 2 the Subdivision 1 the JULi4 i°r iiivii of ivii�. iG°
237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot
248; thence South 02°44'37" West along the east line of said Lot 2 a distance of 115.23 feet to the
Point of Beginning containing 106,520 square feet more or less.
NOTE: The southerly line of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the
Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot
1 of the Subdivision of Mineral Lot 248 is assumed to bear South 82°01'41" West.
is hereby released from the lien of the real estate mortgage, executed by Steven F. Dummermuth, Member of
Elm Real Estate, L.C., dated March 1, 1998, recorded in the Dubuque County Recorder's Office, State of Iowa,
in Instrument Number 4132-98, and as amended by an amendment to real estate mortgage, executed by
Steven F. Dummermuth, Member of Elm Real Estate, L.C., recorded in the Dubuque County Recorder's Office,
State of Iowa, in Instrument Number 9430-99, by specifically reserving and retaining the mortgage lien and all
mortgage rights against all of the remaining property embraced in the mortgage above described.
Dubuque County Project No. STP-U-2100(623)--70-31
Elm Real Estate, L.C. (Parcel No. 1)
0417,00
41
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural
number, and as masculine or feminine gender, according to the context.
Dated ` `r 10 , 20C$S . (SIGN IN INK)
U.S. BANK NATIONAL ASSOCIATION
FORMERLY FIRSTAR BANK IOWA, N.A.
By••-.�9 . , c------
IA i\ (Type/Print Name) (Type/Print Name)
(Title) (Title)
By:
(NOTARY PLEASE COMPLETE LEFT AND RIGHT SIDES)
ALL-PURPOSE ACKNOWLEDGMENT -
STATE OF Wit,_ , COUNTY,OF l/1 n h
On this &3 day of Aiu , 20 Cis , before me, the
undersigned, a Notary Public in and for said State, personally
appeared
/to me personally known
or proved to me on the basis of satisfactory evidence
} ss.
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), orthe
entity(ies) upon behalf of wf\ich the.,person(s) acted, executed the
instrument.
(SEAL)
(Sign in Ink)
/2-1-44r (Print/Type Name)
Notary Public in and for the State of
MICHAEL J. RITTER
f �dgFCommission
My 73�53
i:Iso_mber NZ"
Dubuque County Project No. STP-U-2100(623)--70-31
Elm Real Estate, L.C. (Parcel No. 1)
CAPACITY CLAIMED BY SELLER:
INDIVIDUAL
CORPORATE
Titles of Corporate Officer(s):
_Corporate Seal is affixed
_No Corporate Seal procured
PARTNERSHIP:_Limited _General
ATTORNEY-1 N-FACT
�EXECUTOR(s) or TRUSTEE(s)
GUARDIAN(s) or CONSERVATOR(s)
OTHER:
SELLER IS REPRESENTING:
Names of entity(ies) or person(s)
E d L006'°N
WV i Ol OOOZ 'L 'a�W
IoW.a.: Depar.tm nt .oll'itatitp'ortation
Actgl. 1014 : .OAT
ixi1iai I' I"•A"
COUNTY • DUBUQUE
PROJECT NO, STP-U.-:2106,023•. 7-7.0=3•1. .:...
SECTION. 27
ROW -FEE .... 106,52O:;SF::,:`; :::, .EASE
STATE CONTROL NO,,
• PARCEL NO..::.. 1
fANGC . 2E
:.;;.<...;.;..:..
ACCESS SIGHTS I '::.r:, �. •EXCESS FEE
ACQUIRED FROM
e ACQUIRED TN THE NAME; OF THE CITY OF DU8UGI11E •
r AREAS.'
LOT 1 UE.'2. OF "1= 3,620 SF
LOT 2 :UT'; 2 Of•1= 44,790 SF
LOT 2.:NEWMAN::PLACE=. 58,IID.SF
TOTAL= ' 106,520 SF
P.I. STA, 2204.+ 16.36
(UNIVERSITY AVE. CON.) .
CURVE: DATA..
= 32'2,1'00" RT
9 = 19'05'56"
T = 87.16' S .
L = 169.65'
E = 12.40'
R = 300,00'
N'LY LINE
LOT 1
5/8" REBAR
W/CAP /7363
PRESENTLY EST/MI.16IiEO •
SOUTHEASTERLY RIOHI-:(jF-WAY LINE
I OF EXISTING, UNIVERSITY' A1(EI4UE
•
•
A612'30'56". '
1te6D6.06`
L=132,40' "
CI40=132,13' .
CHO 8R=N52'33.'D7"E
N'LY LINE
LOT 2'
STA. 2204+65.33
rL400
A-102'45 2
R=10.00'
L 71.14'
CHD=62,50'
CHA B91.N56'28'11"W
1 STA. 1204+35,90
I PE 45.60'
sD�ryp�. 0�
STA, 12
CE 105.36
,\
•
STA. .1202+91,42
CE 131.59'
Ar20'4
A, 1202+48.24
rE 152,55'
STA, 120235.07. '}
rt I25.90
z
.h •
PRESENTLY ESTABLISHED
NORTHERLY'. RIGHT—OF-WAY. LINE
OF EXISTING U,S.41I0HWAY , 20
RAW. RAIL
0.22' 5, OF CORNER
STA. 1.205+63.57
rE 0.00'
W'LY CDR,
LOT 1
STA,..'1206+62;1'2 _--
rt 47.84' >
Page 5
STA, 1207+41
TE 174,16
I/2" PIPE :667'37'02"E
.1:1,44'.,.:(i41 46') 1/2" PIPE
lY CUR.
LOT.1
SE'LY LINk
LOT I
r ' / LOT (
P.O.C, .STA, 1205+24.08(UNIVERSITY AVE, EXTENSION)••:•
P,O,T.'STA;,22U5+24.09(UNIVEERRSITY AVE. CUNNECTI014)'
+2
m i P;1. Sr•A;:,••1205-1.70,39 J�
(UNIVERSITY; AVE, EXT.
URV A )
m•• .qd' iD8'SJ:1 Itr
'1. . L :m 412.56"
E.439.09::`. •
c it575.b0'
C. STA, .1.2aa f
STA. 12024•607
fE39.93
LEGEND: •
FOUND MONUMENT AS NOTED
SET 5/9" RESAR W/YELLOW CAP 115747
RECORD DISTANCE/BEARING
0
p,6 51.A, 12014.35,57
(UNIVERSITY AVE, EXT.)
CURVE DATA
.10;00'00" - LT
fi-:06'47'52"
5d,31'
L 100.36'
E .':2,20'
R= 675,0a'
:60'
5'LY aDR.-
LOT
S. LINE LOT 2
3/4' PIPE ,.'
r0
lu
r
In
515,_.12.25t.3.1,
rE 196,99'
• El? LINE
LOT 2
STA. 1203+07,96
'C 181.62
/533'33'51 "E
4,80'
T.rr03.gb'3,74
1l 501'54'09"W'
10.43'
'�STAJ.2,02�g3.39
1 102.60'
T—BAR
W/CAP /9761
E 11I4E
LOT 2
P0114T DF BE014NII0G
SE'LY con,
LOT 2
STh. 12U 4�61.30
I hereby esrilly Ural Ihls laird suweyl64 dpeumenl nus
prepomd and tha :relol'Sd Survey wink wok pulbrmed by me
Of under my dIrncl personal supervision and Dual I om o duly
licensed land Suiveyoi under Ile lusts of Ihn Male of Iona,
STEVEN D, MILLIdAN LICENSE •I40, 15147 BATE
My license Is sdb(ocl to renewal on Oecamber 3I, 2004.
This cerllllaulion uppliss only to Ills Shaul
1111111111111111 UIIIIII EIIIIIIIIIIIII
Doc ID 005124390008 Type. GEN
Recorded: 03/24/2005 at 12:56:14 PM
Fee Amt: $42.00 Page 1 of 8
Dubuque County Iowa
Kathy Flynn Thurlow Recorder i (�
Fi1e2005--0000418
Prepared by: James E. Graham, Attorney at Law, 1715 South G Avenue, Nevada, Iowa 50201
For: City of Dubuque, Iowa, City Hall, 50 West 13th Street, Dubuque, IA 52001-4864
PURCHASE AGREEMENT
PARCEL NO. 1
COUNTY DUBUQUE
(515) 382-1698
(563) 589-4270
Page 1
PROJECT NO. STP-U-2100(623)--70-31 ROAD NO. University Avenue Extension
SELLER: Elm Real Estate, L.C., an Iowa Limited Liability Company
THIS AGREEMENT made and entered into this 2 2 ndday of February , 2005 , by and between Seller and the City of
Dubuque, Iowa, Buyer.
la. SELLER AGREES to sell and furnish to Buyer a conveyance document, on form(s) furnished by Buyer, and Buyer
agrees to buy the following real estate, hereinafter referred to as the premises, situated in parts of the following:
Lot 1 and Lot 2 of Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and
Lot 2 of Mineral Lot 238 and a Subdivision of Part of Lot 1 of the Subdivision of Mineral Lot 248 and Lot 2 of Newman
Place, all in the City of Dubuque,
County of Dubuque, State of Iowa, and more particularly described on Page 5 , including the following buildings,
improvements and other property:
All land, buildings, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein
1 b. SELLER ALSO AGREES to convey to Buyer as follows all of Seller's rights of direct access to Highway
lc. SELLER ALSO GRANTS to Buyer a temporary construction easement as shown on Plot Plan attached as Page 6,
for the purpose of constructing roadway and appurtenances, and as shown on the project plans for said University
Avenue Extension improvement. Said Temporary Construction Easement shall terminate upon completion of this
highway project.
1d. The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices
and the right to erect such devices as are located thereon. SELLER CONSENTS to any change of grade of the
highway and accepts payment under this agreement for any and all damages arising therefrom. SELLER
ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of this agreement and
discharges Buyer from liability because of this agreement and the construction of this public improvement project.
2. Possession of the premises is the essence of this agreement and Buyer may enter and assume full use and enjoyment
of the premises per the terms of this agreement. SELLER GRANTS Buyer the immediate right to enter the premises
for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building
or improvement or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give
Buyer ten (10) days notice of Seller's intention to do so by calling Buyer.
3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and surrender physical
possession of the premises as shown on or before the dates listed below.
PAYMENT AMOUNT
$ 181,000.00
$ 181,000.00
BREAKDOWN
Land by Fee Title
Underlying Fee Title
Permanent Easement
Temporary Easement
AGREED PERFORMANCE DATE OF PERFORMANCE
on conveyance of title
on surrender of possession
on possession and conveyance
TOTAL LUMP SUM
AC./SQ.FT.
106,520 sq.ft.
N/A
N/A
14,860 sq.ft.
60 days after Buyer approval
Fence: rods woven
Fence: rods barbed
4. Each page and each attachment is by this reference made a part hereof and the entire agreement consists of 8
pages.
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
44d_ 00'
20,
Page 2
PARCEL NO. 1 COUNTY DUBUQUE
PROJECT NO. STP-U-2100(623)--70-313 ROAD NO. University Avenue Extension
SELLER: Elm Real Estate, L.C., an Iowa Limited Liability Company
5. SELLER WARRANTS that there are no tenants on the premises holding under lease except:
James Newman, 2792 University Avenue, Dubuque, IA 52001
Eunice Newman, 2792 University Avenue, Dubuque, IA 52001
Acme Glass and Auto Parts, 2792 University Avenue, Dubuque, IA 52001
Eunice's Unique Tractors, 2792 University Avenue, Dubuque, IA 52001
James Insurance & Consultants, 2792 University Avenue, Dubuque, IA 52001
6. This agreement shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all
liens and assessments against the premises, including all taxes and special assessments payable until surrender of
possession as required by the Code of Iowa, and agrees to warrant good and sufficient title. Names and addresses
of lienholders are: Firstar Bank Iowa, N.A., 222 Second Avenue S.E., Cedar Rapids, IA 52401
7. Buyer may include mortgagees, lienholders, encumbrancers and taxing authorities as payees on warrants issued in
payment of this agreement. In addition to the Total Lump Sum, Buyer agrees to pay $100.00 for the cost of adding
title documents required by this transaction to Seller's abstract of title. If requested to do so, SELLER WILL deliver
to the Buyer an abstract of title to the premises. Buyer agrees to pay the cost of abstract continuation. SELLER
AGREES to provide such documents as may be required by Iowa Land Title Standards to convey merchantable title
to the Buyer. SELLER ALSO AGREES to obtain approval of this agreement, if requested by Buyer, in the event title
to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court
approval costs and all other costs necessary to transfer the premises to Buyer, but not attorney fees. Claims for such
transfer costs shall be paid in amounts supported by paid receipts or signed bills.
8. Buyer agrees that any agricultural drain tiles which are located within the premises and are damaged or require
relocation by highway construction shall be repaired or relocated at no expense to Seller. Where Buyer specifically
agrees to construct and maintain fence, the fence shall be constructed and maintained for vehicle access control
purposes only at no expense to Seller. Buyer shall have the right of entry upon Seller's remaining property along the
right of way line, if necessary, for the purpose of connecting said drain tile and constructing and maintaining said fence.
Seller may pasture against said fence at his own risk. Buyer will not be liable for fencing private property or
maintaining the same to restrain livestock.
9. If Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the
time of this agreement, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title
solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of Seller.
10. These premises are being acquired for public purposes and this transfer is exempt from the requirements for the filing
of a Declaration of Value by the Code of Iowa.
11. Buyer hereby gives notice of Seller's five-year right to renegotiate construction or maintenance damages not apparent
at the time of the signing of this agreement as required by the Code of Iowa.
12. This written agreement constitutes the entire agreement between Buyer and Seller and there is no agreement to do
or not to do any act or deed except as specifically provided for herein.
13. Seller states it has made full disclosure to the best of its knowledge as to the existence of burial sites, wells, solid waste
disposal, the presence of hazardous substances and underground tanks on the premises described and sought herein.
14. It is understood and agreed that, after the bid opening for this University Avenue Extension project and after the
successful bidder has been chosen, Buyer will inform Seller in writing of the successful bidder's name and address.
Buyer will request the successful bidder either work with the Seller or the Seller's contractor to fill the land required
for the project and Seller's remaining lands at the same time or concurrently with the construction of the fill work for
the highway project as authorized in Paragraph 15.
15. It is understood and agreed that Seller is hereby reserved the right to use that part of the fee simple right of way
located below the elevations shown on Page 7 to fill to an elevation shown for the purpose of developing and using
that area for parking only. Seller may fill to that elevation as indicated subject to the supervision of the Buyer's City
Engineer. This right to fill and to use this area for parking purposes only shall cease and terminate in the event that
Seller fails to exercise this right within ten (10) years of the date of the recording of this Purchase Agreement. Seller
may exercise the right to fill by sending a notice of intent to do so to the Buyer's City Engineer along with a copy of
Seller's development plan for Buyer's review and approval. Seller shall have the right to use the parking area subject
to Buyer's right to enter thereon for purposes of maintaining Buyer's storm sewer located thereon. Any such entry will
be made by written notice from Buyer to Seller or Seller's successor in interest. Buyer will refill any excavation it
makes for maintenance purposes and Seller shall be responsible to replace the parking paving at no expense to the
Buyer.
Page 3
PARCEL NO. 1 COUNTY DUBUQUE
PROJECT NO. STP-U-2100(623)--70-313 ROAD NO. University Avenue Extension
SELLER: Elm Real Estate, L.C., an Iowa Limited Liability Company
16. (a) Buyer claims that Seller had agreed in 1991 to construct a box culvert on Seller's property in conjunction with
Buyer's project to install a box culvert under University Avenue but the box culvert was not constructed. Buyer
estimates that the cost in 1991 to construct the box culvert was $165,000. Seller does not acknowledge this obligation
to construct the culvert, but nevertheless, agrees to resolve Buyer's claim as follows: Buyer now agrees to construct the
box culvert shown on the attached Exhibit A, more particularly described on Page 8 of this Purchase Agreement, in
conjunction with Buyer's University Avenue Extension Project. Seller agrees to pay Buyer $165,000 for all
construction costs, including, but not limited to, engineering and inspection costs, of the box culvert at the time of
closing on the purchase of Seller's property. Buyer and Seller acknowledge that the Buyer's total cost to construct and.
engineer and inspect the box culvert may be in excess of the 1991 estimate of $165,000. Buyer agrees that it will pay
the actual construction, engineering and inspection cost for the box culvert in excess of $165,000 but not exceeding a
total of $124,000 (i.e. if the total cost is $289,000, Seller's share is $165,000 and Buyer's share is $124,000).
(b) In the event all costs of constructing the box culvert, including but not limited to, engineering and inspection costs,
exceeds $289,000, Seller and Buyer agree that the cost of construction in excess of $289,000 shall be shared equally
by Seller and Buyer.
(c) In the event Seller, at Seller's discretion, determines that the remaining property is a developable site, Seller shall
construct a commercial building of not less than 8,000 square feet on the property with a certificate of occupancy for
such building issued by not later than three years from the date of acceptance of the University Avenue Extension
project by the City of Dubuque City Council. For every year or part thereof after Hie expiration of such three-year
period that Seller has not been issued a certificate of occupancy for such building, Seiler shall repay to Buyer one -fifth
of the total amount of Buyer's contribution under paragraphs (a) and (b) to the construction of the box culvert until a
certificate of occupancy is issued or Buyer's contribution has been fully repaid, whichever first occurs.
(d) Seller shall grantto Buyer for no additional consideration a permanent drainage ea$ementto present improvements
other than parking from being constructed on the easement and to provide the city with the right to access, construct,
reconstruct, maintain, repair or replace the box culvert.
17. This Purchase Agreement is subject to final approval by the City of Dubuque City Council.
Page 4
PARCEL NO. 1 COUNTY DUBUQUE
PROJECT NO. STP-U-2100(623)--70-31 ROAD NO. University Avenue Extension
SELLER: Elm Real Estate, L.C., an Iowa Limited Liability Company
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer,
we the undersigned claimants certify the Total Lump Sum payment shown herein is just and unpaid.
ELM REAL ESTATE, L.C., an Iowa Limited Liability Company
Iowa Glass Depot
P.O. Box 122
Cedar Rapids, IA 5240.E
By: By:
Name: Name:
Title: Title:
SELLER'S ALL-PURPOSE ACKNOWLEDGMENT
STATE OF
COUNTY OF 4-r a1 " } ss:
On this / day of A.D. 20 ; ,before
me, tkag undersigned, a Notary Public in and for said State, personally appeared
a7�/C.n /14 p�h^vrtfe+l tulle
to me personally known
or proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/6464114y executed the same in his/14464441r
authorized capacity(4e3), and that by his/Iicr/thcir signaturecg) on the instrument
the person or the entity upon behalf of which the person acted, executed
the instrument.
(Print / Type Name)
Nota Public in ai • • . State of
JOHN H. EHRHART
COMMISSION NO. 140962
MY COMMISSION EXPIRES
(Sign in Ink)
CAPACITY CLAIMED BY SIGNER:
INDIVIDUAL
CORPORATE
Title(s) of Co porate Officer s):
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s):
Limited Partnership
General Partnership
ATTORNEY -IN -FACT
EXECUTOR(s) or TRUSTEE(s)
GUARDIAN(s) or CONSERVATOR(s)
OTHER:
SIGNER IS REPRESENTING:
List name(s) of entity(ies) o ,person
iefee-
Cf
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA: ss: On this 22nd day of February
undersigned, personally appeared Terrance M. Duggan
be the Mayor of Buyer and who did say that said instrument was signed on behalf of
Buyer by the authority duly recorded in its minutes, and acknowledged the execution of said instrument, which
signature appears hereon, to be the voluntary act and deed of Buyer and by it voluntarily execul
BUYER'S APPROVAL
Appro'ied by:
City of Dubuque, Iowa
ate)
, 20 05 , before me, the
, known to me to
Notary Public in and for the State of Iowa
JEANNE F. SCHNEIDER
COMMISSION NO. 709027
ANY COMMISSION EXPIRES
COUNTY
PROJECT NO.
SECTION
ROW -FEE
ACCESS RIGHTS
ACQUIRED FROM
Iowa Department of Transportation
ACQUISITION PLAT
EXHIBIT 1"A
DUBUQUE
STP-U-2100(623)--70-31
27 TOWNSHIP (
106,520 SF* ..> EASE
Page 5
STATE CONTROL NO,..
PARCEL NO. ,, 1
89N RANGE: 2E
EXCESS -FEE
' ACQUIRED 'IN THE NAME, OF THE CITY OF DUBUOVE
' AREAS •
LOT 1 OE 2 OE '1= 3,620 5F
LOT 2 OF 2 OF 1= 44,790 SF
LOT 2,.NEWMAN,PLACE= 58,110.SF
TOTAL= 106,520 5F
P.I. STA, 2204+16.36
(UNIVERSITY. AVE. CON)
CURVE: DATA..
e = 32'24'00" fir
B = .14'05'55"
T = 87,16'
L = 169.65'
E = 12.40'
R 300.00'
N'LY LINE
LOT 1
5/8" REBAR
W/CAP /7363
N'LY COR.LOT 1
PRESENTLY ESTABLISHED
SOUTHEASTERLY RICHT-Or-WAY LINE
OF' EXISTING UNIVERSITY AVENUE
A=12'30'58"
R=606.08'
L=132.40''
CHO=132,13'
CHO BR=N52'33'07''E
N'LY L114E
LOT 2
STA. 2204+68.33
rL 0.00'
C, AI)!
0 00 �
'
p=102'45 27
R=40.00'
L=71.74'
CH0=62,50'
CHO BR=N56'28'I1"W
STA. 1204+35.90
45.80'
1 OF�t 1"ti3$'
-6\ C pV��OOi
5.004 ••C O �`M 4 �� $ S46C)
ti
STA, 1203+11.73
i 10)j.36
STA. 1202+91,42
rL I31.59'
NZD,
STA. 1202+48.24'
CE 152.55'
STA, 1202+35.07
CL 125.90
PRESENTLY ESTABLISHED
NORTHERLY. RIGHT-OF-WAY LINE
OF EXISTING U.S., HIGHWAY 20
0
( )
. R.O.W. RAIL
0.22' 5. OF CORNER
STA. 1202+98,07.
39.93' /
1483'55'09"W 87,54'
STA. 1202+17.92
Q. 40.00'
LEGEND: •
FOUND MONUMENT AS NOTED
SET 5/8" RE(9AR W/YELLOW CAP #15747
RECORD DISTANCE/BEARING
STA,. 1206+41,05
rE- 26,66'
N'LY COR,
LOT 1
STA. 1.205+83.57
fL 0.00'
W'LY COR.
LOT 1
A. 1201+81362
Pd. 5TAr 1201'h38,57
(UNIVERSITY AVE. EXT,)
CURVE OATA
A _ ,10'.00'00" • LT
B = 09'.57'52„
. T 50.31'
L 100.36'
E =2.20'
R 575,00'
0 60
STA....1206+62,1.7 . ..-�
47.84' . -"'
1/2" PIPE
NE'LY LINE
LOT 1
587'37'02"E
141 44',;(141.46)
N'LY LINE
LOT 2
E'LY CDR,
LOT 1
SE'LY LINE
/LOT I
/102 CDR,
OTI
P.O.C. STA, 1205+24,08 UNIVERSITY AVE, EXTENSION
P.O.T, STA, 22054 24.08(UNIVERSITY AVE. CONNECTION)
////// //17
P.I. STA: 1205 b70.39
(UNIVERSITY AVE EXT.)
CURVE DATA...
0 m 41 O6 3e RT
095752"
T 21561
L _ 41256
R = 575.011''
STA. `.1201+7 t.22
QL0.00'.
S'LY:COR.
LOT 2
r _ i
3/4' PIPE /
5/8" REBAR
0,19' N. do
0,18' W. DP CORNER ."
S. LINE LOT 2
STA11207+41
rL 174.16
1/2" PIPE
NE CDR.
LOT 2
�J 245f31!
rL 196,99'
• E'LY LINE
LOT 2
N
STA. 1 203+07.96
11 181.62
/S33'33'51 "E
4.80'
:sTe�.Lz43�1.3
rE 183.90'
SO I'54'09"w
10.43'
\SSA._I.2.Q2+9,T 39
rE 162.60'
T- BAR
W./CAP /9761
E LINE
LOT 2
POINT OF BEGINNING
y" SE'LY COIL
LOT 2
STA. 1�201+81.38
rp 166.72
I limb's. cattily that this hind surveying da thenl ens
prepared and the 'reloled ebrvey work was performed by me
Of under my direct personal supervision and that I orn a duly
licensed Land Surveyor under the lows nl the State of lowo.
STEVEN 0, MILLIGAN LICENSE .NO, 15747 DATE
Afy license is subject to renewol on December 31, 2004.
Ihis eerlilicolton applies only to Ihis Sheet
Page 6
3 1 DF
91
4 OF 1'j Alp
O01� of MMHiPP, 0 °I 14 o
��j 20401 ‘6 G
1/1
.IOWA DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
PLOT PLAN
OWNER: ELM : REAL ESTATE, L.C,
SECTION;
SCALE:1 "=.:100'
CITY OF
srA. 2204+02.11
y. 40.00'
STA.. 2204+68- f.
2 R/W
/ STA. 2203+29.20
38.26 ,. STA. 2204+01.54
45,00'
STA. 1.204+45.76
2 54 70
STA 1204+35.90
rE 45 80'
STA. 1203+51..86
67,01'
STA..1202+98.07
q 39.93
STA. 1203+11.73
10836'
STA. 1203+02:57
c. 1422..88'
STA.-1202+91.42
2. 131..59',
STA, 1202+50,38
2 16B 18'
STA. 202+48.24
c, 152.55'
STA. 1202+35.07
c, 125.90'
WOK 1�gu STA. 1302+17.92
0F
CXVi c.40.00'-
c 163;20:
STA. 1201+71: * R.
.00 '
2
PARCEL NO,. 001
W.b. 0R EASEMENT LINE:
ACCESS POINT:
PROPER1Y LINE:
STA::.1:206+42:f R OC 48'. t EX. R
c174'tR
/
/ / / /
/✓////
//////✓//
/ / / / / / / / /
'///.C✓!///
i!/1,z//t///✓!//!//r
✓✓✓ /;////r//r/////
r// /.///i/!//i//;�/
/✓ k✓././/!!/�''!!/!!!/
r///i/!✓ /Xm•///////!/////✓..
///////////! ,//////////////
/////i / /'✓.✓/!///////!/`•
✓/✓//✓/✓// ✓!�at //////////✓/i
• l?////irt/✓
/ / / ,/ / / / / / / / / ✓ / / /
/ / ✓ ! / / ! r / / / / ! /
TEMPORARY_ EASEMENT TO
CONSTRUCT ROADWAY &
APPURTENANCES
/
r//!/✓/!i>/
/ / / ` �. //�✓/ram✓r�;
/ / /I/ ✓ ... ✓ ✓ % ✓ �' ! .>"% / > r
/ / /////✓ ' ..%✓!✓✓/>!!r✓/l STA. I208+38.t
/ /.✓/✓ ✓///✓✓t//-///i':/ �214'.# f'L
!r//✓ i/I//'////✓//t //!!!!✓ ✓ STA: 1205+33.*
/:///i////✓/////////////// 2167' t 2L'
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COUNTY. DUBUQUE PROJECT NO • STP—U-2100(623)--70-31
178290j02\Dwgs\CS\CS-PLT001.DW0 (MVO8R) ._
February, 1 i, 2004,., i_0:05 26, q,m.
Page 7
Page 8
EXHIBIT "A"
PERMANENT DRAINAGE EASEMENT
PERMANENT DRAINAGE
EASEMENT LINES
OINT OF BEGINNING
January 14, 200.3 3:13:11 p.m.
I76290j02\Dregs \CS\CS—PERMDRAINAGE.DWG (MVODR)
MJV 2005
DRAWN: DATE:
JJE 176290J02
APPROVED: JOB NO.
UNIVERSITY AVENUE EXTENTION 0
CITY OF DUBUQUE
DUBUQUE, IOWA
50
SCALE: 1" = 50'
SHEET NO.
1
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TRANSFEROR Name Elm Real Estate LC
Address P.O. Box 122, Cedar Rapids, IA 52406
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE Name
Address
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred
Legal Description of Property
Number and Street or RR City, To or P.O. State Zip
1. Wells (check one)
�i7here are no known wells situated on this property.
,/❑here is a well or wells situated on this property. The type(s), location(s) and legal status are stated below.
2. So1jd Waste Disposal (check one)
There is no known solid waste disposal site on this property.
❑ There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
❑ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
3. H zardous Wastes (check one)
There is no known hazardous waste on this property.
(❑ There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules.
4. Un erground Storage Tanks (check one)
here are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks,
most heating oil tanks, cisterns and septic tanks, in instructions.)
0 There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are described
below.
5. Pr'vate Burial Site (check one)
There are no known private burial sites on this property.
There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the
decedent is stated below.
Info 'on, if any, required by statements ch cked above:
y
Attachment for Additional Information? Y / N If so, number of pages
I HEREBY DECLARE THAT THE INFOIVATION CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT
-�'-. IJ-rOS.
Signature: j 1 Telephone Number: D
(Transferor or Agent)
Date of Instrument
Date of Recording .3 -d T -Q 5
Deed 4 Contract 0 County
DNR form (July 99)
PART 11 - TO BE COMPLETED BY RECORDER
Book/I.D.
Page/I.D. �1 1 9 2.
r Township ifli
FILE WITH RECORDER
(See Instruction #6)
542-0960
INSTRUCTIONS FOR COMPLETING GROUNDWAIER HAZARD STATEMENI
The transferor of real property is required to complete Part I of this
form The purpose of the statement is to satisfy legal requirements
for filing instruments of conveyance of real property with the
county recorder (Iowa Code Section 558.69). The Department of
Natural Resources does not approve or disapprove of property
transfers based on these statements. The statement must be signed
by one of the persons transferring the property interest or that
person's agent. An agent signing this form represents the
infomration fromtransferor to be correct.
For the most part the information requested is clear (name,
address, etc.). One statement under each of the numbered items
(1, 2,3,4 and 5) must be checked, and if one or more of the
statements checked requires the transferor to provide additional
information, that information is to be provided in part I. Relate the
additional information to the specific category of facility (well,
etc.) by numbering it with the corresponding number (1, 2, 3, 4,
5). If additional space is needed, type or print it legibly on a
separate sheet or sheets, complete the statements at the end of Part
I and attach the additional information to all copies of the form
When describing the location of a facility on the property, be
reasonably precise, such as a specific distance and general
direction from a landmark or corner of the property. A
professional survey is not necessary. The following definitions are
for use in completing the form
1. Wells - A "well" is any excavation that is drilled, cored, bored,
augered, washed, driven, dug, jetted or otherwise constructed for
accessing groundwater or for diverting surface water into the
ground, including abandoned wells. "Well" does not include an
open ditch or drainage tiles which discharge to the surface.
If a well is an "abandoned well" or an "agricultural drainage well,"
this must be identified and the status of the well with respect to
Iowa Code sections 455B.190 and 159.29, respectively, must be
stated. An "abandoned well" is a well no longer in use or in such
state of disrepair that continued use is unsafe or impracticable.
Abandoned wells are to be properly plugged in accordance with
chapter 39 of the rules of the Department of Natural Resources.
(567 Iowa Administrative Code, Chapter 39)
An "agricultural drainage well" is a well constructed for the
purpose of draining, or which drains, water from agricultural land
to an aquifer (underground), excluding drainage tile intakes which
outlet to the surface. Agricultural drainage wells are required to
be registered with the department by September 30, 1988, and the
owner of the well and of the land drained by the well are to
develop a plan proposing alternatives to the use of the well by
July 1,1998 (See Iowa Code Section 159.29.)
2. Solid Waste - "Solid waste" means garbage, refuse, rubbish
and other similar discarded solid or semisolid material. It does not
include dirt, stone, brick, or similar inorganic material used for fill,
as long as no other solid waste is included. See 567--100.2(455B),
Iowa Administrative Code (I.A.C.) for further definitions. A
"disposal site" is any area on the property on, in, or under which
solid waste has been disposed, whether or not the disposal is or
was regulatedbythe department.
If the transferor or agent has not received notice from the
Department of Natural Resources that the disposal site has been
deemed to be potentially hazardous, there is no duty to inquire to
the department.
*Note The land application of sludges or soils resulting from the
remediation of underground storage tank releases accomplished in
compliance with Department ofNatural Resources rules without a
permit is not required to be reported as the disposal of solid waste
or hazardous waste. (See Iowa Code Section 558.69)
3. Hazardous Wastes - "Hazardous waste" is defined in Iowa
Code section 455B.411, 567--141.2 (455B), I.AC., and federal
regulations referenced therein. It is generally defined as waste
that poses a threat to human health or the environment. It
includes wastes which are ignitable, corrosive, toxic, explosive,
violently reactive, or specifically listed as hazardous in the Code
of Federal Regulations (40 CFR 261). EXCLUDED are
household wastes, agricultural wastes returned to the soil as
fertilizers or soil conditioners, agricultural chemicals applied or
disposed of by a famrr in accordance with the manufacturer's
instructions, triple -rinsed agricultural chemical containers
disposed of by farmers (where the rinsate is used as makeup
water in the tankmix and applied at appropriate rates), and other
specific materials. Persons are legally required to be aware of
hazardous waste laws.
4. Underground Storage Tanks - "Underground storage tank"
means one or a combination of tanks, including underground
piping connected to the tanks, used to contain an accumulation of
regulated substances, and the volume of which is 10 percent or
more beneath the surface of the ground. "Regulated substances"
include petroleum products and hazardous or toxic materials
identified in 567--135.2(455B), I.A.C. Underground storage
tank does not include:
a. Farm or residential tanks of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes. But
See 455B.473(4)
b. Tanks used for storing heating oil for consumptive use on the
premises where stored.
c. Residential septic tanks.
d. Pipeline facilities regulated by state or federal law.
e. A surface impoundment, pit pond, or lagoon.
f A storm water or wastewater collection system.
g. A flow -through process tank
h A liquid trap or associated gathering lines directly related to
oil or gas production and gathering operations.
i. A tank in an underground area such as a basement or mine, if
the tank is on or above the surface of the floor.
j. Pipes connected to the above exclusions.
"Tank type" means the material of construction (steel, fiberglass
reinforced plastic [FRP], or other [specify]), and any internal or
external protection such as a protective coating or wrapping, or
cathodic protection.
Identify the capacity in gallons and the substance stored in each
tank
5. Private Burial Sites - "Private Burial Site" means one or
more graves containing human remains. For each site the
transferor shall state the location of the site. For each decedent
buried on the property the transferor shall state all known
identifying information of that decedent including name, date of
death, and date of birth.
6. Filing - The original of this form must be presented to the
county recorder when the document to be recorded is filed The
Recorder shall forward the original to the transferee when the
recorded instrument is returned The recorder is not required to
keep any copies.
LNRform (July 99)
543-0960
That part of Lot 2 of Newman Place and that part of Lots 1 and 2 of the Subdivision of Lot 2 of the
Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and
the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248, now in the City of Dubuque,
Dubuque County, Iowa, as shown on Acquisition Plat, Exhibit A, a copy of which is attached hereto
and by reference made a part hereof, more particularly described as follows:
Beginning at the southeasterly corner of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1
of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of
part of Lot 1 of the Subdivision of Mineral Lot 248; thence South 82°01'41" West along the south
line of said Lot 2 and the presently established northerly right-of-way line of existing U.S. Highway
No. 20 a distance of 207.25 feet; thence North 04°47'57" West, 48.63 feet; thence North 83°55'09"
West, 87.59 feet; thence North 68°55'15" West, 29.72 feet; thence North 20°40'29" East, 48.00 feet;
thence North 43°38'03" East, 30.86 feet; thence South 83°55'09" East, 69.77 feet; thence North
05°05'28" West, 144.00 feet to the beginning of a 40.00 foot radius tangent curve concave
southwesterly with a central angle of 102°45'27"; thence Northwesterly, 71.74 feet along said curve
with a chord bearing North 56°28'11" West, 62.50 feet; thence South 72°09'05" West, 64.24 feet to
the presently established southeasterly right-of-way line of existing University Avenue and the
northerly line of Lot 1 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot
2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the
Subdivision of Mineral Lot 248; thence North 59°12'28" East along said southeasterly right-of-way
line and said northerly lot line 68.57 feet to the northerly corner of said Lot 1; thence North
58°48'36" East, 26.84 feet along said southeasterly right-of-way line and the northerly line of Lot 2
of Newman Place to the beginning of a 606.08 foot radius tangent curve concave northwesterly with
a central angle of 12°30'58"; thence Northeasterly, 132.40 feet along said curve and said
southeasterly right-of-way line with a chord bearing North 52°33'07" East,132.13 feet to the westerly
corner of Lot 1 of Newman Place; thence South 38°17'36" East along the southwesterly line of said
Lot 1 a distance of 27.60 feet; thence South 51°15'23" West along said southwesterly line 12.00
feet; thence South 38°44'37" East along said southwesterly line 49.60 feet to the southerly corner of
said Lot 1; thence North 51°15'23" East along the southeasterly line of said Lot 1 a distance of
84.89 feet to the easterly corner of said Lot 1; thence North 38°53'12" West along the northeasterly
line of said Lot 1 a distance of 35.36 feet; thence North 54°01'05" West along said northeasterly line
49.27 feet to the northerly corner of said Lot 1 and said presently established southeasterly right-of-
way line of existing University Avenue; thence North 71°22'34" East along said southeasterly right-
of-way line and the northerly line of Lot 2 of said Newman Place 28.96 feet; thence South 87°37'02"
East along said northerly line 141.44 feet to the northeast corner of said Lot 2; thence South
01°35'57" East along the east line of said Lot 2 a distance of 80.90 feet; thence South 32°28'34"
West along said east line 67.74 feet; thence South 06°26'09" West along said east line 165.78 feet;
thence South 33°33'51" East along said east line 4.80 feet; thence South 01°54'09" West along said
east line 10.43 feet to the southerly corner of said Lot 2 and the northeast corner of Lot 2 of the
Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and
Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248;
thence South 02°44'37" West along the east line of said Lot 2 a distance of 115.23 feet to the Point
of Beginning containing 106,520 square feet more or less.
NOTE: The southerly line of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the
Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of
Lot 1 of the Subdivision of Mineral Lot 248 is assumed to bear South 82°01'41" West.
Prepared by: James E. Graham, Attorney at Law, 1715 South G Avenue, Nevada, Iowa 50201
For: City of Dubuque, Iowa, City Hall, 50 West 13th Street, Dubuque, IA 52001-4864
PARCEL NO. 1
PROJECT NO. STP-I
SELLER: Elm Real Es
THIS AGREEMENT made
Dubuque, Iowa, Buyer.
1 a. SELLER AGREES
agrees to buy the fc
Lot 1 and Lot 2 of
Lot 2 of Mineral Lot
Place, all in the Cit\
County of Dubuque
improvements and
All land, buildings,
111111IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID 005124390008 Type GEN
RecFeeorded: 03/24/2005 Amt: $42.00 Page 1tof256:14 PM
8
Dubuque County Iowa
Kathy Flynn Thurlow Recorder i Q (�
Fi1e2005-00004 189
(515) 382-1698
(563) 589-4270
Page 1
PURCHASE AGREEMENT
evidtvAio-a(4.pa) stAz-
*IAA& eltAit&ilt Ltd A-
terAl et itua'teked }� `J , 2005 , by and between Seller and the City of
bc-x Gv,14,41&± # c.4/41
pt.t/LA.-b—ca. d` +
yly lD s .
' DUBUQUE
D. University Avenue Extension
Inv
tent, on form(s) furnished by Buyer, and Buyer
premises, situated in parts of the following:
the Subdivision of Lot 2 of Mineral Lot 237 and
ivision of Mineral Lot 248 and Lot 2 of Newman
)n Page 5 , including the following buildings,
1 to the premises sought and described herein
1 b. Highway
lc.
SELLER ALSO GRANTS to Buyer a temporary construction easement as shown on Plot Plan attached as Page 6,
for the purpose of constructing roadway and appurtenances, and as shown on the project plans for said University
Avenue Extension improvement. Said Temporary Construction Easement shall terminate upon completion of this
highway project.
1d. The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices
and the right to erect such devices as are located thereon. SELLER CONSENTS to any change of grade of the
highway and accepts payment under this agreement for any and all damages arising therefrom. SELLER
ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of this agreement and
discharges Buyer from liability because of this agreement and the construction of this public improvement project.
2. Possession of the premises is the essence of this agreement and Buyer may enter and assume full use and enjoyment
of the premises per the terms of this agreement. SELLER GRANTS Buyer the immediate right to enter the premises
for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building
or improvement or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give
Buyer ten (10) days notice of Seller's intention to do so by calling Buyer.
3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and surrender physical
possession of the premises as shown on or before the dates listed below.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE
$ on conveyance of title
$ on surrender of possession
$ 181,000.00 on possession and conveyance 60 days after Buyer approval
$ 181,000.00 TOTAL LUMP SUM
BREAKDOWN AC./SQ.FT.
Land by Fee Title 106,520 sq.ft.
Underlying Fee Title N/A
Permanent Easement N/A
Temporary Easement 14,860 sq.ft.
Fence: rods woven
Fence: rods barbed
4. Each page and each attachment is by this reference made a part hereof and the entire agreement consists of 8
pages.
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
1111111111111
umi
1111
i
i
H
u
Ai
1111
Doc ID: 005134530086 Type• GEN
Recorded: 04/06/2005 at 11:36:27 AM
Fee Amt: $571.20 Page 1 of 86
Revenue Tax: $139.20
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2005-00005084
APPLICATION FOR CONDEMNATION
Owner James E. Newman
Project STP-U-2100(623)-70-31
Parcel No. 2
IN THE SHERIFF'S OFFICE OF DUBUQUE COUNTY, IOWA
Form 6.2
IN THE MATTER OF THE CONDEMNATION
OF CERTAIN RIGHTS IN LAND FOR THE
CONSTRUCTION OF THE UNIVERSITY
AVENUE EXTENSION PROJECT BY THE
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
APPLICANT
APPLICATION FOR, CONDEMNATION TO
THE CHIEF JUDGE OF THE FIRST JUDICIAL
DISTRICT FOR THE APPOINTMENT OF A
COMMISSION TO APPRAISE DAMAGES
Condemnation 1181
GLO PN 4026
TO: Honorable Alan L. Pearson, Chief Judge of the First Judicial District
Dubuque County Courthouse, PO Box 1220
Dubuque, IA 52004-1220
IDENTIFICATION OF PROPERTY OR PROPERTY RIGHTS SOUGHT TO BE ACQUIRED: YOU
ARE HEREBY NOTIFIED that the Applicant, the City of Dubuque, Dubuque County, Iowa, has
been unable to obtain this property or property rights by purchase and conveyance, and desires
to take and acquire by condemnation land owned by James E. Newman to be used in connection
with the extension of University Avenue.
DESCRIPTION OF ALL PROPERTY AFFECTED OR SOUGHT TO BE CONDEMNED: The
location of the property affected or sought to be acquired by this condemnation is described and
shown on the attached Notice of Condemnation and plat, attached thereto.
NAMES AND ADDRESSES OF CONDEMNEES: The name and addresses of all record owners
and holders of liens and encumbrancers, as far as known, are as follows:
Owner(s):
James E. Newman
2792 University Avenue
Dubuque, IA 52001
James E. Newman, doing business as
Acme Glass and Auto Parts
2792 University Avenue
Dubuque, IA 52001
APPLICATION FOR CONDEMNATION
Page 2
Application for Condemnation
GLO PN 4026
Form 6.2
James E. Newman, doing business as
James Insurance & Consultants
2792 University Avenue
Dubuque, IA 52001
James E. Newman, doing business as
Eunice's Unique Tractors
2792 University Avenue
Dubuque, IA 52001
Attorney for the above Owner(s): None.
Holder(s) of Right of First
Refusal
Attorney for the above Holder(s)
of Right of First Refusal:
Tenant(s):
Iowa Glass Depot, Inc.
Attn: Steve Dummermuth, Jr.
4150 C Street SW
Cedar Rapids, IA 52404
Elm Real Estate, L.C.
Attn: Steve Dummermuth, Jr.
4150 C Street SW
Cedar Rapids, IA 52404
Fisher, Ehrhart, McCright & Turner
Attn: John H. Ehrhart, Attorney at Law
425 Second Street S.E.
Suite 1010
Cedar Rapids, IA 52401-1818
Eunice Newman, Individually
2792 University Avenue
Dubuque, IA 52001
Eunice Newman, doing business as
Acme Glass and Auto Parts
2792 University Avenue
Dubuque, IA 52001
Eunice Newman, doing business as
James Insurance & Consultants
2792 University Avenue
Dubuque, IA 52001
APPLICATION FOR CONDEMNATION
Page 3
Application for Condemnation
GLO PN 4026
Lienholder(s) or Encumbrancer(s):
Form 6.2
Eunice Newman, doing business as
Eunice's Unique Tractors
2792 University Avenue
Dubuque, IA 52001
Eunice Newman, doing business as
Eunice's Unique Flowers
2792 University Avenue
Dubuque, IA 52001
Eunice Newman, Mortgagee
2792 University Avenue
Dubuque, IA 52001
Dubuque County Auditor
County Courthouse
720 Central
Dubuque, IA 52001
Attorney General Tom Miller
1305 East Walnut
Hoover State Office Building, 2nd Floor
Des Moines, IA 50319
Internal Revenue Service
Attn: William L. Thompson
230 South Dearborn Street
Chicago, IL 60604
MINIMUM LAND NEEDS SHOWING: The minimum amount of land necessary to achieve the
public purpose is that land described and shown in the Notice of Condemnation and attached plat,
all of which is to be acquired by condemnation for the public improvement. The minimum amount
of land necessary for this project is the same as described in the Notice of Condemnation, which
contains 6,195 square feet in fee simple for the construction of a road extension improvement
project.
APPLICATION FOR CONDEMNATION
Page 4
Application for Condemnation
GLO PN 4026
Form 6.2
GOOD FAITH NEGOTIATIONS: The Applicant has made a good faith effort to negotiate voluntary
purchase of the private property sought to be condemned. Efforts made to negotiate the purchase
of this property include the following:
The City of Dubuque requested an appraisal of the Newman property be completed by Felderman
Appraisals. This appraisal was ordered in October of 2003. Several attempts to gain interior
access to the property were made and subsequently denied by the occupant, Eunice Newman, as
were all requests to provide additional information. Based on these factors, Felderman Appraisals
had to rely on an earlier appraisal of June 7, 2000, which was requested and observed by both
James Newman and Eunice Newman, as well as available public records and inspection of the
exteriorfrom the adjacent right-of-way and property. The exterior -only inspections were conducted
on February 18, 2004, and March 14, 2004. Additionally, the appraiser considered six comparable
properties in Dubuque to arrive at his determination of fair market value.
Ryan Gurwell, Relocation Assistance Agentforthe City of Dubuque, Iowa, phoned Eunice Newman
on November 20, 2003, in order to introduce himself and schedule a time to meet with Eunice and
her son James to explain the project and potential relocation assistance benefits. Ms. Newman
stated her son is in Florida and requested Mr. Gurwell contact her at a later date.
Mr. Gurwell phoned again on December 8, 2003, and December 15, 2003. Ms. Newman stated
she is planing to visit her son in Florida and again requested that he contact her at a later date.
Mr. Gurwell phoned Ms. Newman on January 9, 2004; sent a letter on January 12, 2004; and
phoned again on February 6, 2004. He was finally able to reach her on February 10, 2004. She
again requested to be contacted at a later date.
Eventually, a meeting between Mr. Gurwell and Ms. Newman was arranged for March 31, 2004.
James Newman was not present at this meeting, but Ms. Newman explained that James was the
sole owner of the house as well as an occupant. She stated that she does not pay rent to James,
and they would be relocating as a family. Based on that information, Mr. Gurwell requested
another meeting at which both Ms. Newman and her son, James, could be present.
Gene Asklof, Right of Way Agent for the City of Dubuque, Iowa, phoned the Newman residence
on June 14, 2004, in order to introduce himself and schedule a time to meet with James Newman
to discuss the acquisition of the property for the University Avenue Extension project. James was
unavailable, and Mr. Asklof spoke with Eunice Newman. Ms. Newman informed Mr. Asklof that she
is a tenant of the residence, as are Eunice's Unique Tractors, Acme Glass & Auto Parts and James
Insurance and Consultants.
Mr. Asklof met with James Newman, owner, and Eunice Newman, tenant, on June 24, 2004. At
this time, Mr. Asklof was informed of an additional business which operates out of the residence
by the name of Eunice's Unique Flowers. Mr. Newman stated he was unwilling to sell the property
for the fair market value as determined by the appraisal of Mr. Felderman; however, when asked
if he would allow Mr. Felderman access to the interior of the house in an attempt to possibly adjust
his appraisal, Mr. Newman stated he would not.
APPLICATION FOR CONDEMNATION
Page 5
Application for Condemnation
GLO PN 4026
Form 6.2
Mr. Asklof again met with James Newman and Eunice Newman on October 13, 2004. Also in
attendance were Ryan Gurwell, the City's Relocation Assistance Agent, and Gus Psihoyos and
David Ness, engineers with the City. During the meeting, Mr. Newman stated that he has been
unable to find an appraiser willing to perform a new appraisal of his property. He claimed this was
because Mr. Felderman had talked with all other appraisers in an effort to discourage them from
performing a new appraisal. Mr. Psihoyos informed James that he would call another appraiser
in town and get a second appraisal ordered at the City's expense. At that point, Mr. Psihoyos
called Kane Appraisal and had James speak with them directly to establish a date and time for the
appraisal.
A copy of the new appraisal conducted by Kane Appraisal was provided to the City of Dubuque and
was reviewed by the City's Review Appraiser, Mr. James T. Hayes, Jr., as required by Section
6B.54, Subsection (3) of the Iowa Code. Mr. Hayes determined that, among other things, the
building was significantly smaller than the size assumed in the Kane appraisal and recommended
the fair market value determined by Kane Appraisal be reduced to reflect the actual building size.
Mr. Hayes recommended the offer of just compensation be increased to reflect the adjusted Kane
appraisal.
The City of Dubuque offered the full amount recommended by the Review Appraiser. Because the
liens on the property exceed market value, it will necessary for the City to institute condemnation
to obtain title to the property.
MAILING COPY OF APPLICATION: In compliance with Section 6B.3 of the Iowa Code, the
applicant may personally serve the application to the owner of the property in lieu of mailing and
publishing the application. If personal service of the notice cannot be provided, the applicant shall
mail a copy of the application by certified mail to the owner, mortgagee of record, and any
lienholder or encumbrancer of the property at their last known addresses and the applicant shall
cause the application to be published once in a newspaper of general circulation in the county. If
service of the application is made by certified mail and publication, an affidavit shall be filed with
the county recorder along with the application. The affidavit shall state the reason why personal
service of the application could not be made, the name of the publication, and the date of the
publication.
AGRICULTURAL LAND CLASSIFICATION STATEMENT: The public interest requires that certain
rights are to be acquired by condemnation proceedings in agricultural land and in other than
agricultural land as authorized and provided by law. A portion of the lands sought to be acquired
by condemnation may be classified as Class I or Class II within an agricultural area (as authorized
and defined by Chapter 352 of the Iowa Code), and if so classified is reasonably necessary for this
public improvement project.
APPLICATION FOR CONDEMNATION
Page 6
Application for Condemnation
GLO PN 4026
Form 6.2
IDENTIFICATION OF TERMS AND CONDITIONS: Any and all improvements, including fences,
wells and advertising devices, if any, located wholly within the land sought to be acquired are
condemned in their entirety. Acquiring Authority agrees that any drain tile which are located within
the premises and are damaged by construction shall be repaired at no expense to seller.
REQUEST FOR APPOINTMENT OF A COMMISSION TO APPRAISE DAMAGES: NOW,
THEREFORE, the City of Dubuque, Iowa, hereby requests the appointment of a compensation
commission of six persons qualified as prescribed in Chapter6B.4 of the Iowa Code, not interested
in the same or a like question, to view the real estate involved and appraise the damages which
the owners thereof, lienholders, encumbrances, or other persons interested therein will sustain by
reason of the appropriation herein sought to be acquired by condemnation for the purpose herein
stated, and make their report in writing to the Sheriff as provided by law.
In accordance with Section 6B.5 of the Iowa Code, the applicant, the owner, or the owner's
representative(s) may challenge one commissioner without stating cause. A challenge to the
appointment of a commissioner shall be filed, in writing, with the sheriff not less than 7 days prior
to the meeting of the compensation commission, and shall be mailed to the other party by ordinary
mail on the day of filing. A challenge filed less than 7 days prior to the meeting of the commission
shall have no effect. If any of the original six appointees are unable to serve or if one of them is
challenged by a landowner as authorized by Section 6B.5 of the Iowa Code, the sheriff will contact
an alternate compensation commissioner with the same qualification. If a person is excused from
the commission, the sheriff shall select and notify, not less than 24 hours prior to the meeting, the
alternate commissioners appointed for that condemnation proceeding in the order directed by the
chief judge. An alternate commissioner may not be challenged without cause. The sheriff will
request substitute commissioners from the chief judge in the event that none of the alternate
compensation commissioners are able to serve.
MAILING INSTRUCTIONS: Please send the selection to:
James E. Graham
Graham Law Office, P.C.
1715 South G Avenue
Nevada, Iowa 50201
IDENTIFICATION OF PERSON WHO SIGNED THE APPLICATION FOR THE CONDEMNER:
Signed by: /l-ZLC
Ja
es E. Graham
Authorized Representative for the City of Dubuque, Iowa
APPLICATION FOR CONDEMNATION
Page 7
Application for Condemnation
GLO PN 4026
CHIEF JUDGE'S RECEIPT OF APPLICATION AND SIGNATURE APPROVAL:
Received in my office this day of / h ✓�- woo c
Chief Judge of the First Judicial District of Iowa
Form 6.2
, 20
CERTIFICATION THAT APPLICATION WAS APPROVED BY CHIEF JUDGE: In accord with
Section 6B.3(7) of the Code of Iowa, I, the undersigned, certify that this is the original Application
for Condemnation which has been approved by the Chief Judge of the First Judicial District and
that the Notice of Condemnation and Condemnation Plat attached thereto are true and correct
copies of the original files in the proceeding.
Signed by: / 2ij -ij
mes E. Graham
Authorized Representative for the City of Dubuque, Iowa
}
114441
Filed in my office at 770 Iowa Street, Dubuque, Iowa, this
Leo Kennedy
Sheriff f Dub q'c ue Cb.unty, Iowa
day of P ,20
NOTICE OF CONDEMNATION
Owner James E. Newman
Project STP-U-2100(623)-70-31
Parcel No. 2
IN THE SHERIFF'S OFFICE OF DUBUQUE COUNTY, IOWA
Form 6.3
IN THE MATTER OF THE CONDEMNATION
OF CERTAIN RIGHTS IN LAND FOR THE
CONSTRUCTION OF THE UNIVERSITY
AVENUE EXTENSION PROJECT BY THE
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
APPLICANT
NOTICE OF CONDEMNATION
GLO PN 4026
Notice to All Owners, Tenants, Lienholders and Encumbrancers.
TO: James E. Newman
2792 University Avenue
Dubuque, IA 52001
James E. Newman, doing business as
Acme Glass and Auto Parts
2792 University Avenue
Dubuque, IA 52001
James E. Newman, doing business as
James Insurance & Consultants
2792 University Avenue
Dubuque, IA 52001
James E. Newman, doing business as
Eunice's Unique Tractors
2792 University Avenue
Dubuque, IA 52001
Owner(s)
TO: None. Attorney for the above
Owner(s)
NOTICE OF CONDEMNATION
Page 2
Notice of Condemnation
GLO PN 4026
TO: Iowa Glass Depot, Inc.
Attn: Steve Dummermuth, Jr.
4150 C Street SW
Cedar Rapids, IA 52404
Elm Real Estate, L.C.
Attn: Steve Dummermuth, Jr.
4150 C Street SW
Cedar Rapids, IA 52404
TO: Fisher, Ehrhart, McCright & Turner
Attn: John H. Ehrhart, Attorney at Law
425 Second Street S.E.
Suite 1010
Cedar Rapids, IA 52401-1818
TO: Eunice Newman, Individually
2792 University Avenue
Dubuque, IA 52001
Eunice Newman, doing business as
Acme Glass and Auto Parts
2792 University Avenue
Dubuque, IA 52001
Eunice Newman, doing business as
James Insurance & Consultants
2792 University Avenue
Dubuque, IA 52001
Eunice Newman, doing business as
Eunice's Unique Tractors
2792 University Avenue
Dubuque, IA 52001
Eunice Newman, doing business as
Eunice's Unique Flowers
2792 University Avenue
Dubuque, IA 52001
Form 6.3
Holder(s) of Right of First
Refusal
Attorney for the above Holder(s)
of Right of First Refusal:
Tenant(s)
NOTICE OF CONDEMNATION
Page 3
Notice of Condemnation
GLO PN 4026
TO: Eunice Newman, Mortgagee
2792 University Avenue
Dubuque, IA 52001
Dubuque County Auditor
County Courthouse
720 Central
Dubuque, IA 52001
Attorney General Tom Miller
1305 East Walnut
Hoover State Office Building, 2' Floor
Des Moines, IA 50319
Internal Revenue Service
Attn: William L. Thompson
230 South Dearborn Street
Chicago, IL 60604
Form 6.3
Lienholder(s) or Encumbrancer(s)
The purpose of these condemnation proceedings is to acquire land and rights in land needed for
the extension of University Avenue.
You are hereby notified that the City of Dubuque, Dubuque County, Iowa, desires the following
property being sought to be acquired by condemnation to be used in connection with the extension
of University Avenue:
FEE TITLE FOR A ROAD WIDENING IMPROVEMENT PROJECT
Lot One (1) of Newman Place in the City of Dubuque, Dubuque County, Iowa
All as shown on the Condemnation Plat, which is attached as Exhibit 'A' and made a part hereof.
In connection with this Condemnation Proceeding it is specifically provided as follows:
Any and all improvements, including fences, wells and advertising devices, located wholly
within the land sought to be acquired for the extension of University Avenue are condemned
in their entirety.
NOTICE OF CONDEMNATION
Page 4
Notice of Condemnation
GLO PN 4026
Form 6.3
Section 6B.42 of the Code of Iowa requires that the acquiring agency shall provide to a displaced
person, in addition to any othersums of money in payment of just compensation, the payments and
assistance required by law, in accordance with Chapter 316.
In accordance with Chapter 316.2 of the Code of Iowa, moving cost payments and allowances for
personal property which is damaged or destroyed or reduced in value by acquisition of property
under the powers of eminent domain on property where relocation assistance payments are paid
shall not be made or included as part of an award of damages in any condemnation proceeding
or appeal from any condemnation proceeding. The full amount of the actual reasonable and
necessary moving costs shall be paid as a relocation assistance payment and an allowance for all
personal property which is damaged or destroyed or reduced in value will also be paid as a
relocation assistance payment as required by Section 316.2 of the Iowa Code for all personal
property owned by the condemnees located on the property the subject of this condemnation
proceeding and located on property adjacent thereto owned by Elm Real Estate, L.C.
This condemnation is sought forthe construction of the University Avenue Extension Project by the
City of Dubuque, Iowa, Applicant, in the State of Iowa in the manner prescribed in Chapters 6A and
6B, and Sections 28E, 306, 306A.5, 313, and 384.24(3a) of the Code of Iowa and all amendments
thereto.
A Commission has been appointed as provided by law for the purpose of appraising the damages
which will be caused by this Condemnation.
You are further notified that the Commissioners will report to the
located at , Iowa, at : a.m./p.m. on the
day of , 20 , and will view the property at approximately
a.m./p.m. on the same day. They will then return to
and proceed to appraise said damages. You may participate in these proceedings if you care to
do so.
BY: (1 /0, Vic' /12a
James E. Graham
Authorized Representative for the City of Dubuque
1715 South G Avenue
Nevada, Iowa 50201
(515) 382-1698
EXHIBIT A
,11JJ PENNSYLVANIA AVE,
DUESUOUE, IOWA, (319) 556-2464
LEGEND
a
FOUND MONUMENT
PLAT OF SURVEY
NEWMAN PLACE, DUBUQUE, IOWA
O SET 5/8" RE -BAR WITH PLASTIC
CAP NO, 11306 UNLESS NOTED
, PLAT BOUNDARY
- -- RIGHT-OF-WAY LINE
T-BAR,
(0.00) RECORD INFORMATION
Fb
N� 0 o�S�N�
.c;s o' a
\ r- Va
CP.
T-BAR
CAP 9761
.p
LOT 2-1-2
ML-237 AND
LOT 2 ML-238
5/8" REBAR
CAP 7863
DESCRIPTION
LOT 1 OF LOT 1 OF THE SUBDIVISION
OF LOT 2 OF MINERAL LOT 237 AND
LOT 2 OF MINERAL LOT 238,
IN THE CITY OF DUBUQUE, IOWA,
L
s � �N
0 'S Q\
O, $ - b� F �0.,�4�
O�-s \0-S
O co
0 ,S1-• LOT 2
58,600 S0. FT.
J
N� 32g „
CAP 9761
1/2" PIPE
CONCRETE DRIVE
85'07'10" E 1
CURVE DELTA RADIUS LENGTH CHORD BEARING
S07.
C R •spj,
C.) �0 96pR��
SLOT 1
6,195 SQ. FT,
6�
0
\35'S N,Lo
C-) 12'31'00" 606.08' 132.40' 132.14' N55'08'13"E
C-2 05'20'36" 606.0E1' 56.52' 56.50' N4612'25"E
0
O
,03 OBO
EXISTING SANITARY I
SEWER EASEMENT I
'Its*
9'
NORTH
50
3/4" PIPE W/
1/2" REBAR
/
/
r,DOJ
/
11') (20I
I
15/8" ROD !IRON
I
100
LOT 3
ML 238
1/2"
PIPE
0
Lf)
cV
0
0
T-BAR
co
N
0
/531'00126"E
4.80'
T-BAR, CAP 9761
T BAR, CAP 9761
04'27'34"W
10, 43'
SCALE IN FEET
BEARINGS AND DISTANCES SHOWN ALONG PLAT BOUNDARY ARE FROM PLAT OF SURVEY
RECORDED AT INST. NO. 3641-86 AND AGREE WITH ACTUAL MEASUREMENTS.
SURVEYED FOR: EUNICE NEWMAN
WRAY A.
CHILDERS
LS 11306
p
S \
°''InIAINp1 \
SURVEYED: 7-27-00
PROPRIETOR: JAMES E. NEWMAN
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
ANS THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY
DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
FOR 116 ENGINERS AND SURVEYORS. P.C.
WRAP A. CHILOE
LICENSE NO, 11306
�'572rZap
DATE
MY LICENSE RENEWAL DATE IS 12/31/2001
PAGES 0R SHEETS COVERED BY THIS SEAL 1 AND 2
IIW ENGINEERS &
! SURVEYORS, INC.
Iowo, Illinois, Wisconsin
4155 Fennsyivanla Ave.
Dubuque, IA 52002
319.556.2464
Guttcnbcr9, IA • Hazol Groan, WI
DRAWN' SAF
CHECKED JMT
DATE 7-27-00
PLAT NO. 93-IA-00
PROJ. NO.00797
•
•
IND
11'/
0:\00\797\nn7a, nun-,
SHEET 1 of 3
L
FORM 101 H-012DBQ FIDLAR ELECTION CO., ROCK ISLAND, ILLINOIS
In the Iowa District Court, for DUBUQUE County
Case Name CONDEMNATION #181
Case No.
Notice recd. this date
STATE OF IOWA
DUBUQUE COUNTY
12/9/04
I certify that I served a copy of:
❑ Petition and Original Notice
❑ Modification/Application and Notice
0 Order to Show Cause
Served:
EUNICE NEWMAN
} SS
Type of
RETURN OF SERVICE: Service Code
x Personal 1
X Dwelling/Substitute 2
Hotel, Boarding/Rooming House 3
Corporation/Association 4
Official (State, County, City) 5
Spouse away from residence 6
Other 7
❑ Order Filed
❑ Writ
lg Other NOTICE
Type
Code
at 2792 UNIVERSITY on 12/10/04 I1 1
(NAME) (ADDRESS) (DATE)
at on
at on
at on
at on I 1
JAMES NEWMAN by serving EUNICE NEWMAN at 2792 UNIVERSITY 12 1
(NAME) (NAME) (ADDRESS)
on 12/10/04 , (a person residing therein who was
then at least 18 years old) or (spouse away from residence). [Strike non -applicable part.]
by serving
(COMPANY/GOVERNMENT UNIT NAME) (NAME)
,on ,at
its (TITLE) (DATE)
NOTES: (Diligent Search, etc.)
Fees:
LEO J. KENNEDY, Sheriff
Service $25.00 DEPUTY SHERIFF (OFFICIAL TITLE)
Mileage 2.00
Copy
Total $27.00 Fees charged to/paid by Atty/Party:
DUBUQUE, County, Iowa
NOTE: Copy of Original Notice, if served, must be attached to this form.
FORM 101 H-012DBQ FIDLAR ELECTION CO., ROCK ISLAND, ILLINOIS
Case Name
Case No.
In the Iowa District Court, for DUBUQUE County
CONDEMNATION #181
Notice recd. this date
STATE OF IOWA
DUBUQUE COUNTY
12/9/04
SS
Type of
RETURN OF SERVICE: Service Code
Personal 1
Dwelling/Substitute 2
Hotel, Boarding/Rooming House 3
Corporation/Association 4
X Official (State, County, City) 5
Spouse away from residence 6
Other 7
I certify that I served a copy of:
❑ Petition and Original Notice ❑ Order Filed
❑ Modification/Application and Notice ❑ Writ
0 Order to Show Cause ra Other NOTICE
Served:
(NAME)
at on
(ADDRESS) (DATE)
at on
at on
at on
at on
Type
Code
by serving at
(NAME) (NAME) (ADDRESS)
on , (a person residing therein who was
then at least 18 years old) or (spouse away from residence). [Strike non -applicable part.]
DUBUQUE COUNTY AUDITOR by serving DENISE DOLAN 15 1
(COMPANY/GOVERNMENT UNIT NAME) (NAME)
COUNTY AUDITOR , on 12/10/04 , at 720 CENTRAL AVENUE
its (TITLE) (DATE)
NOTES: (Diligent Search, etc.)
Fees:
Service $15.00
Mileage
Copy
Total $15.00
LEO J. KENNEDY, Sheriff
DUBUQUE, County, Iowa
DEP SHE F (OF' CIAL LE)
Fees charged to/pair, Atty/Party:
NOTE: Copy of Original Notice, if served, must be attached to this form.
Page Investigations
AFFIDAVIT OF SERVICE
RE:APPL FOR CONDEMNATION Svc For: GRAHAM
vs
Law #: GLO PN 4026
Filed: State of IA, DUBUQUE County
I, the undersigned, being first duly sworn on oath, depose and state that I am over
the age of 18 years, and that I received and served the following documents:
NOTICE OF CONDEMNATION
SUPPLE ORDER APPT COMPENSATION
APPL FOR CONDEMNATION
SELECT & APPT OF COMPENSATION
I received these documents on the 7 day of December, 2004, and on the 8 day of
December, 2004 at 10:55 AM I served the same on the within named
ATTORNEY GENERAL TOM MILLER at 1305 E WALNUT 2ND FL city of DES MOINES in POLK
county IA by delivering a true and identical copy of such items in this manner:
I served the same on the above company, corporation, etc., by delivering a copy to
JULIE POTTORFF whose position is AUTHORIZED AGENT and who is over the age of 18
years.
FEE: $40.00
MILEAGE: $0.00
TOTAL: $40.00
Subscribed and sworn to before me by the said ANDY MORGAN Qn this 9 day of December,
2004. Prepared in POLK County, State of IA.
Invoice #: 39637
NOTARY PUB J C 'IN 1+ b OR THE STATE OF IA
IN THE SHERRIF'S OFFICE OF DUBUQUE COUNTY, IOWA
In the Matter of Condemnation of
Certain Rights in Land for the
Construction of the University
Avenue Extension Project By the
City of Dubuque, Dubuque County,
Iowa,
AFFIDAVIT OF SERVICE
I, Michael Conti, being first duly sworn on oath deposes and states that I am over the age of 21 years and not a
party to this action, and on the 13 day of December, 2004, at 01:55 PM at 230 S. Dearborn St., Chicago, IL, did
serve the following document(s):
Service of Application for Condemnation, Notice of Condemnation, Selection and Appointment of
Compensation Commissioners, and Supplementary Order Appointing Alternate Compensation
Commissioners
Upon: Internal Revenue Service c/o William L. Thompson
By: CAI Personally handing copies to: Marlene Wadley (secretary - authorized to accept)
__ _ leaving copies at the usual place of abode with:
a member of the household 13 years or upwards and informed that person of the contents thereof
by mailing copies of said document(s) in a sealed envelope with postage prepaid to the defendant:
at the above address on
Description: Sex Female Race Black
Height 5'5" Weight 190
Approximate Age 45
Hair Color Black
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned
certifies that the statements set forth in this affidavit of servio id -true and correct.
Further the Affiant Sayeth Naught:
Michael Conti
United Processing, Inc.
55 West Wacker Drive
9th Floor
Chicago, IL 60601
312.629.0140
IL License #117-001101
IN THE SHERRIF'S OFFICE OF DUBUQUE COUNTY, IOWA
In the Matter of Condemnation of
Certain Rights in Land for the
Construction of the University
Avenue Extension Project By rhe
City of Dubuque, Dubuque County,
Iowa,
AFFIDAVIT OF SERVICE
I, Michael Conti, being first duly sworn on oath deposes and states that I am over the age of 21 years and not a
party to this action, and on the 13 day of December, 2004, at 01:55 PM at 230 S. Dearborn St., Chicago, IL, did
serve the following document(s):
Service of Application for Condemnation, Notice of Condemnation, Selection and Appointment of
Compensation Commissioners, and Supplementary Order Appointing Alternate Compensation
Commissioners
Upon: Internal Revenue Service c/o William L. Thompson
By: WI Personally handing copies to: Marlene Wadley (secretary - authorized to accept)
leaving copies at the usual place of abode with:
a member of the household 13 years or upwards and informed that person of the contents thereof
by mailing copies of said document(s) in a sealed envelope with postage prepaid to the defendant:
at the above address on
Description: Sex Female
Height 5'5"
Race Black
Weight 190
Approximate Age 45
Hair Color Black
Under penalties as provided by law pursuant to Section 1-109 of.the Code of Civil Procedure, the undersigned
certifies that the statements set forth in this affidavit of servioare true and correct.
Further the Affiant Sayeth Naught:
Michael Conti
United Processing, Inc.
55 West Wacker Drive
9th Floor
Chicago, IL 60601
312.629.0140
IL License #117-001101
SHERIFF'S CERTIFICATION OF AWARDS AND COSTS
Owner James E. Newman
Project STP-U-2100(623)-70-31
Parcel No. 2
IN THE SHERIFF'S OFFICE OF DUBUQUE COUNTY, IOWA
Form 12.6
IN THE MATTER OF THE CONDEMNATION
OF CERTAIN RIGHTS IN LAND FOR THE
CONSTRUCTION OF THE UNIVERSITY
AVENUE EXTENSION PROJECT BY THE
CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
APPLICANT
SHERIFF'S CERTIFICATION OF
AWARDS AND COSTS
Condemnation #181
GLO PN 4026
I hereby certify that the commissioners in the above -entitled cause convened on the 27' day of
January, 2005, at the Dubuque County Sheriff's Office, 770 Iowa Street, Dubuque, Iowa, and
thereupon proceeded to view the premises and said commissioners did thereafter file their report
in my office on the 27th day of January, 2005, awarding damages as follows:
Owners, Tenants, Lienholders
and Encumbrancers
,94 4%t t 46.1. 0A.4 �,.r/ ► c.t /I%f
c e4 LA 4
4 .,O rto C
6Edlt4 L
L 440" Stkvitz
Land & Consequential Total
Improvements Damages Award
$ $_ $
$ $
$ $ $
$ $ $
The award for condemnee's attorney's fees and costs, if any, is:
For Attorney
For Attorney
TOTAL DAMAGES AWARDED
$ D
$ D
SHERIFF'S CERTIFICATION OF AWARDS AND COSTS
Form 12.6
Page 2
Sheriff's Certification of Awards and Costs
GLO PN 4026
I certify that the costs incident to this proceeding have been taxed as follows:
Sheriffs Costs:
Service Of Notices As Listed Below:
Names of Condemnees cw-✓) JAMMJ V J,vi Aa
Summoning and attending Condemnees
Mileage while attending Condemnees,
miles at cents/mile ... $
Summoning and attending Commissioners .d/44s $
Mileage while attending Commissioners, miles at cents/mile ... $
Postage .A4 4 L.^/�i ct ®4.6L,4wt,a) $
Notarizing (Notarizing Oath $
TOTAL SHERIFF'S COSTS
Commissioners' Costs:
1/a "
/L •f y
James Cosley OF Dubuque, Iowa
/ day(s) of service at $ aO5 /day $ 2dO
miles at $0. Hd.S /mile $ 01.6j
t meals $
TOTAL $.,7d7.03
Bruce Heitz OF Dubuque, Iowa 60
/ day(s) of service at $ 7 V /day $ o2V
/6 miles at $0. y/.5 /mile $ yo5
/ meals A4.41,✓J 4 -1• 9r $ S• ca 7 0
TOTAL $ A/G. oS
Dan Buelow OF Dubuque, Iowa
/ day(s) of service at $ 400 /day
20 miles at $0. yo S /mile $ y )b
oti
/ meals $ 5-•35
TOTAL $ 0/./ ys
SHERIFF'S CERTIFICATION OF AWARDS AND COSTS
Form 12.6
Page 3
Sheriff's Certification of Awards and Costs
GLO PN 4026
Paul J. Gisch OF Dubuque, Iowa 9
/ day(s) of service at $ v9 00 /day $ 800
5 miles at $0. Ye-C./mile $ a. 0 3
/ meals $ 5.35
TOTAL $ 026 7. 38
Walter Pregler OF Dubuque, Iowa ro
/ day(s) of service at $ v7449 /day $
miles at $0. yo S /mile $ Z 43
meals $ 5 . 416
TOTAL $ 0./Q7• '13
Sherry Horsfield OF Peosta, Iowa so
/ day(s) of service at $ eP /day $ 0160
yy miles at $0. 1,0-5 /mile �� �l� . $ / 7. fZ60
-
/ meals $ .5-. no V . 7.
TOTAL $ o? 27, "2-
TOTAL COMMISSIONERS' COSTS $ /;s8j/
I certify that the foregoing amounts are legally payable to each claimant and that the claim is
correct and that payment has not been received.
Filed in my office at 770 Iowa Street, Dubuque, Iowa, located in Dubuque County this ,7day
of �,...,.� , 20 d 5 .
EeoH4erirredy, pubuque County Sheriff
Acknowledged, Subscribed and sworn to before me this 27 day of
N ota
State of Iowa
1-,ATPif;ba J. tip: 67 ..e: I
Commission Numgar 1 1. 3
My Commission E„pins
Z Z.C. 07m�
, 20 1-�
IIII llIIII II N III 1111 IIII I IIIIll INI
Doc ID 005124430005 Type GEN
Recorded: 03/24/2005 at 12:59:34 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2005-00004193
Prepared by: Barry Lindahl, City cif Dubuque, 300 Main Street, Dubuque, Iowa 52001 563.589-4113
GRANT OF EASEMENT FOR BOX CULVERT
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Elm Real Estate L.C. (Grantor)
PO Box 122
Cedar Rapids, Iowa 52406
of Dubuque County, State of Iowa, for itself, and its successors and assigns,
does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a
municipal corporation, its agents and contractors, in perpetuity, from the date
hereof, a right-of-way and easement through, under and across the following
described real estate situated in Dubuque, Iowa, to wit:
A Strip of land 48.00 feet in width, being 24.00 feet on each side of the
herein described centerline, more particularly described as a part of Lots 1
and 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the
Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and
the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248, now
in the City of Dubuque, Dubuque County, Iowa, more particularly
described as follows:
Commencing at the southeasterly corner of Lot 2 of the Subdivision of Lot
2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237
and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the
Subdivision of Mineral Lot 248; thence South 82°01'41" West along the
south Tine of said Lot 2 and the presently established northerly right-of-way
line of existing U.S. Highway No. 20 a distance of 207.25 feet; thence
North 04°47'57" West, 48.63 feet; thence North 83°55'09" West, 87.59
feet; thence North 68°55'15" West, 29.72 feet; thence North 20°40'29"
East, approximately 24.50 feet to the northeasterly face of an existing
concrete box culvert approximately 14 feet in width and the Point of
Beginning of the herein described centerline; thence northwesterly
coincident with said northeasterly face to the point of intersection with .the
presently established southeasterly right-of-way line of existing University
Avenue and the northerly line of Lot 1 of the Subdivision of Lot 2 of the
Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot
2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision
of Mineral Lot 248 and the end of the herein described centerline,
containing approximately 0.22 acres, more or less.
The sidelines of said 48.00 foot easement to be extended or shortened to
terminate northerly on the presently established southeasterly right-of-way
line of existing University Avenue and the northerly line of Lot 1 of the
Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2
of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part
of Lot 1 of the Subdivision of Mineral Lot 248, and southerly on a line
between roadway station 1202+48.24 a distance of 152.55 left, and
roadway station 1202+91.42 a distance of 131.59 feet left of the centerline
of the proposed University Avenue Extension, City of Dubuque, Dubuque
County, Iowa.
NOTE: The southerly line of Lot 2 of the Subdivision of Lot 2 of the
Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot
2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision
of Mineral Lot 248 is assumed to bear South 82°01'41" West.
Said easement as shown on the attached Exhibit A is for the purpose of
constructing and maintaining the proposed box culvert. Said culvert has
been/will be installed in accordance with the Plans and Specifications to be
designed and approved by the City Engineer.
Grantor shall also allow the City the right to enter upon said property and occupy
a temporary easement area 150-feet in width centered over the proposed box
culvert during the period of construction until the project is complete and the work
is accepted by the City Council.
It is understood and agreed that the City shall restore the disturbed area due to
the installation or repair of said box culvert. City's responsibility for grading or
excavating shall be only for those areas disturbed by City in the construction of
the box culvert as set forth below. Grantors shall be responsible to replace the
parking paving at no expense to the City.
City shall design and construct the box culvert to the extent reasonably
practicable so that Grantor's property drains into the box culvert through an
intake provided by the City.
Grantor shall not change the grade, elevation, contour, or perform any
construction or excavation that will diminish the lateral support of the box culvert
without obtaining the prior written consent of the City Engineer, Grantor may,
without City approval, place up to an additional three (3) feet of fill over the
finished grade established during the construction of the box culvert.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that it is the owner in fee of said real
estate and has good right to execute this agreement, and that the City, its agents
or contractors, shall at all times have free access to and egress from and over
said real estate to maintain, replace, restore or repair said box culvert thereon or
therein. City shall be responsible for repairing any damages to Grantor's
premises caused by the repair, maintenance, or reconstruction of said box
culvert, Dated at Dubuque, Iowa this to day of %�?-� � � , 2005.
Elm Real Estate L.C.
BY: �
BY:
i11 kd�i �� �•Yv_ r% Lc
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA
COUNTY OF LINN
)
On this / day of /1< 'i- , 2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared.. _ _,, ,7, 4;�,,
to me personally known, OR proved --to -r e--basis
of satisfgttgr� dg� e be the person(s) whose name(s) is}aie-subscribed to
t and acknowledged to me that he/step .ey executed the
same in his/heat-heir authorized capacity(ies), and that by his/l h
eir
signature(s) on the instrument -the person(s)<actd, 9xecuted the instrument.
(Notary Seal)
INDIVIDUAL
X CORPORATE OFFICER(S)
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
oPQ,�AC
(prin aan
Notary Public in and for State of Iowa
in in1
k
t/type
CAPACITY CLAIMED BY SIGNER
JOHN H. EHRHART
COMMISSION NO. 140962
MY COMMISSION EXPIRES
9—G>
PARTNER(S) LIMITED GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER ,4,9 C r
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
Bee:
BY:
(Title)
EXHIBIT °A"
EASEMENT FOR BOX CULVERT
PERMANENT BOX CULVERT
EASEMENT LINES
DINT or BEGINNING
obruo,r 23, 20E15 2:60:41 o,rn.
16290j02\O,.9s\C5\CS—F'ERIORAINACE.OWC (UVOBR)
ul' 2003
DRAWN:
JJE
APPROVED:
CATE
11E29OJ02
J09 NO -
UNIVERSITY AVENUE EXiENIION 0
CITY OF DUBUQUE
DUBUQUE, Iowa
50
SCALE: 1' = 50'
SHEET N0.
1