Chavenelle Rd Ext. - McFaddenMEMORANDUM
December 14, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Approval of McFadden Property Purchase
Attached please find a revised "To Be Set for Public Hearing" Agenda Item #4. This will
replace the information that you received on your computer disk.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
William J. Baum, Economic Development Director
Michael A. Koch, Public Works Director
MEM
ORANDUM
December 13, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Approval of McFadden Property Purchase
The City of Dubuque recently entered into a development agreement with Ruscilli
Development Company and McGraw Hill for the construction of a 300.000 square foot
distribution center at the Dubuque Industrial Center West. The agreement stipulates
that the City will extend a redundant water main to the site to meet the company's
insurance requirements. City Engineering and Water Department staff have determined
the best route for the water main to the site would be from the existing main at Dubuque
Industrial Center through the McFadden Farm.
The City's Master Plan for the Dubuque Industrial Center West also includes building an
extension of Chavenelle Drive to connect the two dead-end streets in Dubuque
Industrial Center and Dubuque Industrial Center West. These 5.7 acres will provide the
land to run the waterline at this time and to build the roadway in the future.
Economic Development Director Bill Baum is recommending that the City purchase the
5.7 acres of property for a total of $114,000 and other considerations. The negotiations
had included the discussion of potential eminent domain, and Assistant City Engineer
Gus Psihoyos is recommending that a public hearing be set for January 21, 2002. on
the proposed public improvement project, which also initiates eminent domain
proceedings.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi~;hael C. Van Milligen '~
MCVM/jh
Attachment
CC:
Barry Lindah [, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Wilfiam J. Baum, Economic Development Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO:
FROM:
SUBJECT:
December 13, 2001
Michael Van Milligen, City Manager
William J. Baum, Economic Development Director .~/,~~
Approval of McFadden Property Purchase
INTRODUCTION
This memorandum presents for City Council approval an offer to buy 5.7 acres of real
estate for public utilities and street purposes from Vincent and Luella McFadden.
DISCUSSION
The City of Dubuque recently entered into a development agreement with Ruscilli
Development Company and McGraw Hill for the construction of a 300,000 square foot
distribution center at the Dubuque Industrial Center West. The agreement stipulates that the
City will extend a redundant water main to the site to meet the company's insurance
requirements. City Engineering and Water Department staff have determined the best route
for the water main to the site would be from the existing main at Dubuque Industrial Center
through the McFadden Farm.
The street connection of ChaveneIle Drive 15etween the Dubuque Industrial Center and
Dubuque Industrial Center West is in the Master Plan for the area.
City Engineering and Legal staff have negotiated with the McFaddens on the proposed
route and the proposed cost of acquiring the property. The negotiations have led to a
proposal by the McFaddens to sell the City a total of 5.7 acres for $114.000. The proposal
also is conditioned upon the McFaddens having three accesses on each side of the
roadway, a waiver of any special assessments or connection fees for the roadway and
water line, and an agreement to allow the McFaddens to continue to farm the property as
long as it does not interfere with the City's construction of the street or water main.
The McFaddens also are requesting the City follow through with initiating eminent domain
proceedings, as had been discussed in negotiations.
RECOMMENDATION
I recommend the City Council approve the purchase of the property as outlined in the
attached December 12, 2001 letter from Brian Kane. The proposed purchase will accelerate
the construction of the required water main, and provide the City with adequate Right of
Way to construct the connection of Chavenelle roads at a later date.
F:\USERS\WBaum~Memos to Mike - GeneraNvlemo about McFaddens.doc
_
Dec.17. 2001 1:3*PM BA~R ~ II~DAHL ESQ No 5776
BARRY A. LIND AHL, ESQ.
CORPORATION COUNSEL, CITY OF ~)UBUQUE
MEMO
To:
MVM, City Manager
Gus Psihoyos= Assistant City Engineer
Mike Koch, Public Works Director/City Engineer
DATE:
December 14, 2001
McFadden
Attached is what I think is a final draft of the offer to buy. We still need a drawing which
will be attached as Exhibit A which will be at least the approximate location of the
roadway and easement, subject to survey for the deed. There is no language included
in the offer for the McFaddens' dght to continue using the property for farming. Instead,
and in order to get a draft for Council review, we are incorporating Brian's letter and
then Brian and I will have to work out the language allowing the McFaddens to continue
to farm, to be included in the deed.
Please let me know whether you have any additions or corrections.
BAL/jm
Attachment
SUITE $~0, HARBOR VIE~V PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (583) 583-4.113 / FAX (5~3) 583-1040 / EMAIL BALESQ(~MWCLNE-r
Dec.17. 2001 1:31PM BARRY A L:NDAHL, ESQ No.5776 ~ 2/10
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
(NO~SmENTL~L)
TO: Vt/qCBNT McFADDEN and LUELLA McFADDEN, HUSBAND AND WIFE, AS
SELLERS
The undersigned BUYER hereby offers to buy and the undersigned SELLERS by
their acceptance agree to sell the real prope~zy situated in Dubuque County, Iowa, and
legally described as:
[legal description to be supplied later] (the real estate is that real estate for
fight-of-way and easement purposes consLsting in total of 5.7 acres, more
or less, as depicted on the drawing attached hereto as Exhibit "A" and by
this reference made a part hereof),
together with any easements and appurtenant servient estates, but subject to any
easements of record for public utilities or roads, any zoning restrictions, customary
restrictive covenants, and mineral reservations of record, if any, herein referred to as the
"Property," upon the following terms and conditions provided BUYER, on possession, is
permitted to usc the Property for construction of water main and street.
1. PURCHASE i~RICE. The Pttrchase Price shall be $114,000.00 and thc
method of payment shall be as follows: ~-0- with this offer and the balance of the
Purchase Price as follows:
The Purchase Price shall be paid in full at the closing
(defined below).
2. REAL ESTATE TAXES. SELLERS shall pay real estate taxes prorated
to the datc of closing and any unpaid real estate taxes payable in prior years. BUYER
shall pay all subsequent real estam taxes.
Unless otherwise p~ovided in this agreement, at closing SELLERS shall pay
BUYER, or BUYER shall be given a credit: for, taxes from the first day of July prior to
possession to the date of posseasion based upon the last known actual net real estate taxes
payable according to public records.
SPECIAL ASSESSMENTS.
A. BLrYEI{ ~ pay at time of closing all installments of Special assessmv~ats
which are a lien on the Property and. if not paid, would become delinquent during the
calerdar year this offer is accepted, and all prior installments thereof.
B. BUYER shall pay all other special assessments or installments not payabk
by SSLLS~S.
Dec.17 20Ol ':32PM BARRY ~ L!NDAPL ESQ No,~776 P. 3/1[
4. RISK OF LOSS AND INSURANCE. SELLERS shall bear the rhk of
loss or damage to the Property prior to closin~ or possession, whichever first oc~-urs.
SELLERS agree to nmintain exisring insurance ~nd BUYER may pu~ctmse ~dditional
insurance.
5. POSSESSION AND CLOSING. IfBLrYER t/mely peffonm al]
obligations, possession of the Propcily ~h~!l bc delivered to BUYE~ on or before
31,2001, and ~ny adjustments of rent, insurance, interest and all charges attributable to
SELLERS' possession shall b~ made as of the date of possessiom Clodng shall occur
~er approval of title by BUYEP~ end vacation of the Prope~ff by SELLERS, but prior to
possession by BUYER. SELLERS agree to permit BUYER to inspect thc Property within
24 hours prior to closing to assure that the premises arc in the condition required by this
a~eement. This ~u~ans~cfion shall be considered closed:
Upon the delivery of the title transfer documents to BUYER and receipt of
all funds then due at closing from BUYER under the agreement.
6. ~'IXTURES. There are no fixtures inoluded with the Property.
7. CONDITION O1~ PROPERTY. The Property as of the date of this
agreement will be preserved by the SELLERS in its present condition until possession,
ordinary wear and tear excepted. SELLERS make no warranties, express or implied, as to
the condition of the Property.
A. BUYER acknowledges that it has made a satisfactory inspection of the
Property and is purchasing the Property in its existing condition.
8. ABSTRACT AND TITLE. SELLERS, at their expense, shall promptly
obtain an abstract of title to the Property continued through a date Withl, thirty (30) days
of the date of closing and deliver it to BUYER'S attorney for ex~raln~rion. It ,~hall show
merchantable tire in SELLERS in conformity with this agreement, Iowa law, andtifle
standards of the Iowa State Bar Association. The SELLERS shall make every reasonable
effort to promptly perfect rifle. Ii'closing is delayed due to SELLERS' inability to provide
marketable rifle, this agreement _~hal! continue in force and effect ~mfil e~er ~
rescinds the agreement a~er g/ring 10 days w~[tten notice to the other party, The abstract
shall become the property of BUYER when ~he P~hase Pr/co is paid in full. SELLERS
shall pay the costs of any additional abstracting and title work due ~o any act or omission
of SELLERS, including tr~sfer~ by or the death of SELLERS or the/r ass/gnees. Unle~
stricken, the abstract shall be obtained from an abstracter qualified by the Title C-~arenty
Division of the Iowa Housing F~nan~ A~.hority.
9. SURVEY. Ifa survey is required under Iowa Code Chapter 354, or city
or county ordinances, BUYER shall pay the costs thereof.
1 O, ENVI~ONN/ENTAL MATTERS.
Dec.17. 20el ;:32PM BARRY A L:N}A%, ESQ No.5776 : 4/10
A. SELLERS warrant to the best of thdr lmowledge and bcliefthat there ere
no abandoned wells, solid waste disposal sites, hazardous wastes o~ substances, or
und~rgroond storage tanks located on the Property, the Property does not contain levels
of radon, gas, asbestos or urea-formaldehyde foam insulation which requJxe rcmediation
under current govemmcutal standards,_ and SELLERS have done nothing te contaminate
the Property with hazardous wastes or substances. SELLERS warrant that the P~operty is
not subject to any local, state or federal judicial or administrative action, investigation or
order, as the ease may be, regarding wells, solid waste disposal sites, hazardous wastes or
substances, or underground storage tanks. SELLERS shall also provide BUYER with a
properly executed groundwater hazard statement showing no wells, solid waste disposal
sites, hazardous waste and underground storage tanks on the Property unless disclosed
here: NONE.
11. DEED. Upon payment of the Purohas0 Price, SELLERS shall convey the
Property to BUYER by Warraniy Deed, free and clea~ of all liens, restrictions, and
encumbrances except as provided in this agreement. General warranties of title shall
extend to the time of delivery of the deed excelYdng liens or encumbrances suffe~d or
permitted by BUYER. See Section 20(c) and (e) below.
12. JOINT TENANCY IN PROCEEDS .&.ND IN REAL ESTATE, If
SELLERS, immediately preceding acceptance of the offe~, hold rifle to the Property in
joint tenancy With full fight of survivorship, and the joint tenancy is not later des~oyed
by operation of law o~ by acts o the SELLERS, then the proceeds of thi~ sale, and any
continuing or recaptured fights of SELLERS in the Propen% shall belong to SELLERS
as joint tenants with full rights of survivorship and not as tenants in common; and
BUYER, in the event of the death of any SELLER, agrees to pay any balance of the price
due SEI I.KRS under this agrcemcut to the surviving SELLERS and to accept a deed
from thc stm~ving SELLERS consistent with paragraph 11.
13. JOINDER BY SELLER'S SPOUSE, SELLER'S spouse, if not a title
holder imm~xllately preceding acceptance, executes this agreement only for the purpose
of relinquishing all rights of dower, homestead, and distn'bufive sh~re o~ in compli~mce
with Section 561. I3 of the Code of Iowa and agrees to execute thc deed or real eslatc
contract for this purpose.
14, USE OF PURCHASE PRICE. At thc time of ~eltlement,. fun& of the
Purchase Price may be used to pay taxes and other liens and to acquire outstanding
interests, if any, of others.
15. REI~EDIES OF Tr4~. PARTIES.
A. If BUYER fails to timcly perform lids agreement, SELLERS may forfeit
it as provided in thc Iowa Code (Chapter 656), and all payments made shall be forfeited;
or, a SELI.F. RS" opfion~ llpon 30 days writtett notice of illtention to accelerate the
payment of thc entire balance because of BUYER'S default (dining which 30 days the
default is not corrected), SELLERS may declare the entire balance tm,~ediately due and
)et.lT. 2001 ':33PM BARRY ~ L;NDAUL, ESQ No,5776 ~ 5/10
payable. Thereat~r this agreement may be foreclosed in equity and the court may appoint
B. If SELI~RS fail to timely perform this agreement, BUYER has the ~ight
to have all payments made rammed to them,
C. BUYER and SELLERS are also ant/fled to ut/liz¢ any and all other
remedies or actions at law or ha equity available to them, and the prevail/rig patty shall be
entitled to obtain judgment for costs and attorney fees.
17. NOTICE. Any notice under this agreement shall be in writing and be
deemed served When it is delivered by personal delivery or mailed by certified marl,
addressed to the parties at the addresses given below.
18. GENERAI, PROVISIONS. Iu the perform,ace of each part of this
agreement, time shall be of the essence. Failure to promptly assert fights herein shall not,
however, be a waiver of such rights or a waiver of any existing or subsequent default.
This agreement shall apply to and bind the successors ha interest of the parties. This
agreement shall survive the closing, This agreemen~ contains the entire agreement of the
parties and shall not be amended except by a written instrument duly signed by
SELLERS and BUYER_ Paragraph headings are for convenience of reference and shall
not limit or af~e~ the meaning of this agreement. Words s.rl phrases hemha shall be
construed as ha the singular or plural number, and as masculine, femlnl, e or neuter
gender according to the context.
19. NO REAL ESTATE AGENT OR BROKER. Neither partyhas used
the service of a real estate agent or broker in connection with this transaction.
20. ADDITIONAL PROVISIONS.
BUYER has inspected the Property and purchases the
Property ha "AS IS" condition. BUYER is not relying upon
any representations or warranties of SELLERS not set om
in full in writing herein.
BIJYEI~ as a mtmicqpal corporation in thc State of Iowa.
has co~nmcnced eminent domain proceedings to condemu
the Property. This agreement is in full resolution of such
eminent domain proceedings. The purchase priee includes
da,~%~es to crops, if any, and any other damages which
SELLERS may be antifled to ~s a result ofthe threatened
cond~nadon mgs,
(c)
The Property shall be conveyed, as provided ha Section 11
above, via a Warranty Deed. Such Warranty Deed
conveying thc Property ~h~ll include those provisions set
Dec.17. 2001 :33PM BARRY A L[NDAHL, ES@ No 5776 P. 6/I0
out in the December 12, 2001 letter attached hereto as
Exhibit UB" and by this reference nmde a part hereof.
This transaction is subjeot to the approval of this Offer to
Buy Real Estate and Acceptanoe by the City Council of the
City of Dubuque, Iowa on December t7, 2001.
The legal description with regard to thc Property shah be
prepared at the instance of BUYER, at BUYER'S sole
expense, with regard ~o any surveying and plating of the
Property so that the appropriate legal descrip6o~ can be
included on the Warranty Deed conveying the Property
from SEL~.~.RS to BUYER.
Thc BUTEK has agreed, if and When a street is constructed
on the Property, to provide such fencing at BUYER'S
expense as necessary to restrain livestock from going on
such street. BUYER further agrees to keep clear and open
the existing tiling for drainage purposes or tn provide other
satisfactory water drainage in lieu of such tiling. If needed,
BUYER agrees to install a cattle undercmssing under the
street when the street is eonstru~ed and paved.
2I. MISCELLANEOUS. The parties agree that all understandings and
agreemants~ if any, previously made between the parties hereto arc merged in this
Agreement, wMch alone fully and completely expresses their understanding with respect
to the pumhase and bargain sale ofthe Real Estate. This agreement may not be changed
or terminated orally, but only by an ins~meut in writing executed by ail of the parties
hereto. TMs agreement sh~ll Rot be transferred or assigned without the prior written
consent of the other party hereto, which consent chill not be unreasonably withheld, This
agreement shall be governed by and ennStnted in accordance with the laws of the Stare of
Iow~ This Offer to Buy Real Estate and Acceptance may be signed in counterparts or by
facsimile signatures which~ when taken together, shall constitute one ori~n~ agreement.
Each party shall bear and be responsible for its own attorneys' fees.
22. ACCEPTANCK. When accepted, this agreement shall become a binding
contract. If Rot accepted and delivered tn BUYER on or before the 27~ day of December.
2001, this agreement shall be null and void and all payments made shall be returned
immed/ately to BUYER. If accepted by SELLERS at a later date and acceptance is
satisfied in writing, then this agre~meut shall be valid and binding.
Accepted DECE1VIBER__~ 2001.
Dated DECEMBER __, 2001
SELLERS BUYER
Dec.lT 2001 ':33PM BARRY ~
VINCENT McFADDEN
COP, PORATION, BUYEtl.
Tim CITY OF DUBUQUE,
AN IOWA
MUNICIPAL
BY
LUELLA McFADDEN-
Its City M~aager
Micha,l C. VamMilligen,
)ec.17. 2001 .33. I¢ BAR~Y,~ L,KDAH., -_-SG ~,o 5776
EXI-IIBIT "A"
See attached drawing.
, Dec.17. 2001 1:33PM BARRY A L]NDAH~, ESG No,5776 P. 9/10
Les V, Reddlc.:k*
KANE, NORBY & REDDICK, P.C.
AT~OtL~K~
2100 ASBURY ROAD~ fro .0-'~. 2
DUBUQUE, La. 52001-$069
Todd L. $t~veozon*
Ma~yB~lt t~ilc, r Salmon
~ A. Ch~rba
~¢vin T. D~y
All edmi~d in Iowa Phon~: (563) 582-7980
*ALso admitted in rai.ois Facsimile: (563) 582-3312
Decemberl4,2001
I~OR SETTLENIENT PGRPOSES ONLY
of
Louis P.
Pfeiler
lq~RSONAL AND CONFIDENTIAL
Mr. Balw A. Lindalll
Attorney at Law
330 Harbor View Pla~e
Dubuque, IA 52001
RE: VINCENT AND LUELLA McFADDEN FARM/CITY OF D~BUQUE
Dear Barry:
This letter follows-up our December 11, 2001 meeting with you, Mx. Gus
Psihoyos of the City Engineering Department and Mr. and Mrs. John McFadden. We
have now had a chance to review the November 23, 2001 appraisal propa~ed by
Feldemaan Appraisals and we have shared that appraisal with Mr. Tom Kane, the
appraiser for Mr. and Mrs. McFadden. Further, Joh~ McFadden has had a chance to
speak to iris father.
Suffice it to say that our appraisers disagree as to the appropriate methodology
and applicable value in this matter. Further, it appears to us that Mr. Feldennan valued
the entire farm and not jq~st the sixty-three (63) acres, more or less, most directly affected
by this matter. Nevortheless, for purposes of resolving this matter in a timely fashion, we
are authorized ~o propose the following resolution for your consideration:
1. The CJ,~ would acquire the 3.04 acre right-of-way for the water main and the
roadway and an additional 2.66 acre permanent easement, for a total of 5.7 acres;
, Dec,17. 2CO1 ':34~M EA~RY ~ LINDAH., ESQ No,5776 ~
2. The total purchase price to be pa/d by the C/ty would be $114,000.00;
3. The City s~ll additionally grant up to three accesses on both the north and
south side ofthe road (whenever built) to tV~. and Mrs. McFadden and their successors
in interest. The location of such aceessas shall be consistent with the orrlln~nces of the
City of Dubuque and the construction of any accesses ~h,l~ be in accordance with such
ordinances and standards therein;
4. The location of the 5.7 acres referred to in Section 1 above shall be at the
location which has been mutually agreed upon by thc patties;
5. Mr. and Mrs. McFadden, and their descendants, shall not be required to pay
any special or other assessment fo~ the construction of the road or for connecting to the
water lines wbleh is the subjec~ of this matter;
6. To the extent that such use does not interfere w/th the Cites construction, Mr,
and Mrs. ~lohn McFadden. or their successors, shall be ~lowed to continue to farm the
farm over and across any of the property refezred to in Section 1 above, for no rent,
provided such farming activity does nOt interfere with the City's use or intended use of
the property or with the Cites construction plans with regard to sl~eh pmpert7 in any
way; and,
7. This transaction will be designated a "friendly condemnation" bythe City
Council.
Please advise if the City is amenable to these terms. If so, we can promptly
reduce them to -~rlting ~nd work towaxd closing the transaction in a timely fashion.
Mr. and Mrs. McFadden have not yet read this letter; we reserve the right to
make any changes they may request
We look fonvard to hearin~ from you. In the mea~time, please do not hesitate to
contact us dffeotly should you have any questions. Thank you.
Best regards~
KANE, NOKBY & REDDICK, P.C.
BYK:db
Copy To: Mr. and Mrs. John McFadden
B~
Brian .T. Kane
Brian J, Kane
Gary K. Norby
Les V. Keddick*
D. Flint Drake**
Brad J. Heying
KANE, NOR.BY & REDDICI~ P.C.
ATTORNI~YS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IA 52001-3069
Todd L. Stevenson*
MaryBeth P£eiler Salmon
Mary A. Cherba
Kevin T. Deany
Ail admitted in Iowa
*Also admitted in Illinois
**Also admitted in Wisconsin
Phone: (563) 582-7980
Facsimile: (563) 582-5312
E-mail: BKane~aneNorbylaw.com
Of
Counsel:
Louis P.
Pfeiler
December 12, 2001
FOR SETTLEMENT PURPOSES ONLY
PERSONAL AND CONFIDENTIAL
Mr. Barry A. Lindahl
Attorney at Law
330 Harbor View Place
Dubuque, IA 52001
RE: VINCENT AND LUELLA McFADDEN FARMJCITY OF DUBUQUE
Dear Barry:
This letter follows-up our December 11, 2001 meeting with you, Mr. Gus
Psihoyos of the City Engineering Department and Mr. and Mrs. John McFadden. We
have now had a chance to review the November 23, 2001 appraisal prepared by
Felderman Appraisals and we have shared that appraisal with Mr. Tom Kane, the
appraiser for Mr. and Mrs. McFadden. Further, Jotm McFadden has had a chance to
speak to his father.
Suffice it to say that our appraisers disagree as to the appropriate methodology
and applicable valu~ in this matter. Further, it appears to us that Mr. Felderman valued
the entire farm and not just the sixty-three (63) acres, more or less, most directly affected
by this matter. Nevertheless, for purposes ofresolving this matter in a timely fashion, we
are authorized to propose the following resolution for your consideration:
I. The City would acquire the 3.04 acre right-of-way for the water main and the
roadway and an additional 2.66 acre permanent easement, for a total of 5.7 acres;
2. The total purchase price to be paid by the City would be $114,000.00;
3. The City shall additionally grant up to three accesses on both the north and
south side of the road (wheneYer built) to Mr. and Mrs. McFadden and their successors
in interest. The location of such accesses shall be consistent with the ordinances of the
City of Dubuque and the construction of any accesses shall be in accordance with such
ordinances and standards therein;
4. The location of the 5.7 acres referred to in Section 1 above shall be at the
location which has been mutually agreed upon by the parties;
5. Mr. and Mrs. McFadden, and their descendants, shall not be required to pay
any special or other assessment for the construction of the road or for connecting to the
water lines which is the subject of this matter;
6. To the extent that such use does not interfere with the City's construction, Mr.
and Mrs. John McFadden, or their successors, shall be allowed to continue to farm the
farm over and across any of the property referred to in Section 1 above, for no rent,
provided such farming activky does not interfere with the City's use or intended use of
the property or with the City's construction plans with regard to such proper~y in any
way; and,
7. This transaction will be designated a "friendly condemnation" by the City
Council.
Please advise if the City is amenable to these terms. If so, we can promptly
reduce them to writing and work toward closing the transaction in a timely fashion.
Mr. and Mrs. McFadden have not yet read this letter; we reserve the right to
make any changes they.may request.
We look forward to heating from you. In the meantime, please do not hesitate to
contact us directly should you have any questions. Thank you.
Best regards,
KANrE, NORBY & REDDICK, P.C.
BJK:db
Copy To: Mr. and Mrs. John McFadden
By.
Brian J. Kane
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 13, 2001
Michael C. Van Milligen, City Manager
Gus Psihoyos, Assistant City Engineer .4~/~
Watermain and Road Extension From Chavenelle Road At Radford Road to
the Industrial Park
INTRODUCTION
The enclosed resolution sets a time and place for a public hearing on the proposed
watermain extension and the proposed acquisition of agricultura land to construct the
Chavenelle Road Watermain Extension and to acquire the property for the extension of
Chavenelle Road.
BACKGROUND
The project consists of extending a 16" watermain from Chavenelle Road at Radford
Road through the McFadden property and the property purchased by the City from the
Bergfeld farm to the Chavenelle Road Extension. This watermam would provide a dual
watermain feed to the Industrial Park and would increase the quantity of flow available
to the Industrial Park area. The selected alignment for this project was originally
developed by Kirkham Michael as part of the Industrial Park development utilizing
Bergfeld's farm and extending Chavenelle Road at Radford Road to the Industrial Park.
In an effort to work with the McFaddens on a most appropriate route, the Kirkham
Michael alignment has been .shifted to the south by City Engineering staff. The
attached plan shows the proposed route and property potentially to be condemned for
the watermain project.
Because this project may require the acquisition of agricultural land by eminent
domain, it is necessary to hold a public hearing on the proposed public improvement
project. The resolution sets a time and place for the public hearing and directs the
Clerk to send a notice of intent to.commence the public improvement project to the
property owners whose agricultural land may be the subject of condemnation. The
public hearing on the proposed public improvement project and the acquisition of
agricultural land for that purpose is set for January 21, 2002.
RECOMMENDATION
would recommend that the City Council establish the time and place for the public
hearing for the Watermain Extension of Chavenelle Road and to acquire agricultural
land for the project.
ACTION TO BE TAKEN
The City Council is requested to adopt the resolution to establish the time and place of
the public hearing on the proposed public 'mprovement project and the acquisition of
agricultural land for the proposed public improvement project and the acquisition of
agricultural land for the proposed public rnprovement project.
Prepared by Michael Felderman, Civil Engineer
cc: Michael A. Koch, Public Works Director
Bob Green, Water Department Manager
ROW 100'=3.25ac
ROW & Easement Area=5.70ac
Length= 1415.53
SITE LOCATION
Not To Scale
PURPOSE:
Vincent McFadden Farm
J 13989 Old Highway Road
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA%~001-4864
RESOLUTION NO. 562-01 ,I
RESOLUTION SETTING A TIME AND PLACE FOR PUBLIC HEARING ON A
PROPOSED PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE CHAVENELLE
ROAD WATERMAIN EXTENSION AND TO ACQUIRE PROPERTY FOR THE
EXTENSION OF CHAVENELLE ROAD. AND TO ACQUIRE AGRICULTURAL LAND
FOR THE PROJECT
Whereas, the City Council of the City of Dubuque intends to consider a
proposed public improvement project to construct the Chavenelle Road Watermain
Extension and to acquire property for the extension of Chavenelle Road; and
Whereas, the proposed project may require the acquisition of agricultural
land by condemnation; and
Whereas, Iowa Code Chapter 6B requires the City to set a time and place for
a public hearing on the proposed project and to provide notice to each owner of
such agricultural land that may be the subject of condemnation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
Section 1. That a public hearing be set for 6:30 p,m. on January 21, 2002,
at the Carnegie-Stout Public Library Auditorium for the purpose of considering a
proposed public improvement project to construct the Chavenelle Road Watermain
Extension and to acquire land for the extension of Chavenelle Road through a
portion of the NW ¼ of the SW ¼ and a portion of Lot 1 of Lot 1 of the SW ¼ of
the SW ¼ all in Sec. 29, T89N, R2E, 5th P.M., Dubuque County, Iowa.
Section 2. That City Clerk shall mail and publish the notice of intent to
commence a public improvement project required by Section 6B.2(a).
Passed, approved and adopted this
Attest:
Jeanne F. Schneider, City Clerk
17th day of December, 2001.
Terrance M. Duggan, Mayor
NOTICE OF INTENT TO COMMENCE A pUBLIC IMPROVEMENT PROJECT TO
CONSTRUCT THE CHAVENELLE ROAD WATER MAIN EXTENSION AND TO
ACQUIRE LAND FOR THE EXTENSION OF CHAVENELLE ROAD AND TO
ACQUIRE AGRICULTURAL LAND FOR THE PROJECT
Owner and Contract Purchasers
Location or Address of
Affected Agricultural Land
TO: Vincent J. and Luella M. McFadden
13989 Old Highway Road
Dubuque, Iowa 52002
13622 Old Highway Road
Dubuque, Iowa 52004
and other City of Dubuque residents
Under -the provisions of Chapter 6B of the Iowa Code, a governmental body which
proposes to acquire agricultural land under power of eminent domain for a public
improvement project is required to give notice of intent to commence the project to all
owners of such agricultural land whose properties may be acquired in whole or in part for
the project. See I.C.A. §§ 6A.21(a) and 6B.2A.
1. DESCRIPTION OF THE PROJECT.
NOTICE IS HEREBY GIVEN to the above identified owners of agricultural land that the
City Council of the City of Dubuque, Iowa will consider authorizing the commencement
of a project to construct the extension of the 16" water main along chavenelle Road and
to acquire the land for the construction of the extension of Chavenelle Road which
project is to be known as the Chavenelle Road Water Main Extension Project (the
Project).
2. PRIVATE PROPERTY MAY BE ACQUIRED BY PURCHASE OR
CONDEMNATION.
If the above described project is approved by the City Council, the City of Dubuque will
be required to acquire property for the project improvements. Upon review of Dubuque
County property records, it appears that agricultural land owned by the above identified
persons may have to be acquired in whole or in part for the project. The City of Dubuque
wil} attempt to purchase the required agricultural land by good faith negotiations, and it
may condemn those properties which it is unable to purchase. The proposed location of
the above described public improvement is shown on a conceptual drawing of the project
which is now on file in the office of the City Clerk at City Hall, 13th and Central Ave.,
Dubuque, Iowa and available for public inspection.
3. PROCESS TO DECIDE TO PROCEED llrlTH THE PROJECT AND TO
ACQUIR~ PROPERTY; ACTION REQUIRED TO PROCEED WITH PROJECT;
OPPORTUNITY FOR PUBLIC INPUT.
In making the decision to proceed with the above described project and to authorize the
acquisition of property and property interests, the City Council is required to hold a
public hearing, giving persons interested in the proposed project the opportunity to
present their views regarding the project, and regarding the proposed acquisition of
property for the project. The public hearing on the project will be held at the regular
meeting of the City Council, on January 21, 2002, at 6:30 p.m. in the Auditorium at the
Carnegie Stout Public Library, 360 W. 11th Street, Dubuque, Iowa. In order for the City
of Dubuque to proceed with the above described project and commence the acquisition of
property for the project, the City Council will be required to approve the project and
authorize acquisition of private property for the project by City Council resolution. The
City Council is scheduled to consider adoption of the resolution initiating the above
described project following the public hearing.
If the project is approved by the City Council, an appraiser retained by the City of
Dubuque will determine the compensation to be paid for property or property interests
that are needed for the project. The City of Dubuque will offer no less than the appraised
value and will attempt to purchase only the needed property by good faith negotiations. If
the City of Dubuque is unable to acquire properties needed for the project by negotiation,
the City of Dubuque will acquire those properties by condemnation.
4. CONTACT PERSON.
Persons desiring further information regarding the proposed public improvement project
or its impact on the properties identified above may contact Assistant City Engineer Gus
Psihoyos at City Hail, 13th and Central Avenue, Dubuque, Iowa'52001 by mail or in
person or by telephone at 563 589-4275.
5. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the
owner of property have certain rights. You have the right to:
a. Receive just compensation for the taking of property. (Iowa Const., Article I,
Section 18)
b. An offer to purchase which may not be less than the lowest appraisal of the fair
market value of the property. (Iowa Code §§ 6B.45, 6B54)
Receive a copy of the appraisai, if an appraisal is required, upon which the
acquiring agency's determination of just compensation is based not less than 10
days before being contacted by the acquiring agency's acquisition agent. ( Iowa
Code §6B.45)
d. Whcm an appraisal is required, an opportunity to accompany at least one appraiser
of the acquiring agency who appraises your property. (Iowa Code §6B.54)
e. Participate in good faith negotiations with the acquiring agency before the
acquiring agency begins condemnation proceedings. (Iowa Code §6B.3(1))
If you cannot agree on a purchase price with the acquiring agency, a
determination of just compensation by an impartial compensation commission
and the right to appeal its award to district court. (Iowa Code §§ 6B.4, 6B.7, and
6B.18)
A review by the compensation commission of the necessity for the condemnation
if your property is agricultural land being condemned for industry. (Iowa Code
§ 6B.4A)
ho
Payment of the agreed upon purchase price, or if condemned, a deposit of the
compensation commission award before you are required to surrender possession
of the property. (Iowa Code §§ 6B.25 and 6B.54(11))
i. Reimbursement for expenses incidental to transferring title to the acquiring
agency. (Iowa Code §§ 6B.33 and 6B.54(10))
jo
Reimbursement of certain litigation expenses: (1) if the award of the
compensation commissioners exceeds 110 percent of the acquiring agency's final
offer before condemnation; and (2) if the award on appeal in court is more than
the compensation commissioner's award. (Iowa Code § 6B.33)
k. At least 90 days written notice to vacate occupied property. (Iowa Code
§ 6B.54(4))
1. Relocation services and payments, if you are eligible to receive them, and the
right to appeal your eligibility for and mount of payments. (Iowa Code §316.9)
The rights set out in this Statement are not claimed to be a full and complete list or
explanation of an owner's rights under the law. They are derived from Iowa Code
Chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights, you
should refer directly to the Iowa Code or contact an attorney of your choice.
Tiffs Notice is given by authority of the City of Dubuque, Iowa.
Jeanne F. Schneider
City Clerk
City Hall
13th and Central Avenue
Dubuque, Iowa 52001
Tele 563 589-4275
NOTICE OF INTENT TO cOMMENCE A .PUBLIC IMPROVEMENT PROJECT TO
CONSTRUCT THE CHAVENELLE ROAD WATER MAIN EXTENSION AND TO
ACQUIRE LAND FOR THE EXTENSION OF CHAVENELLE ROAD AND TO
ACQUIRE AGRICULTURAL LAND FOR THE PROJECT
Owner and Contract Purchasers
Location or Address of
Affected Agricultural Land
TO: Vincent J. and Luella M. McFadden
13989 Old Highway Road
Dubuque, Iowa 52002
13622 Old Highway Road
Dubuque, Iowa 52004
and other City of Dubuque residents
Under the provisions of Chapter 6B of the Iowa Code, a governmental body which
proposes to acquire agricultural land under power of eminent domain for a public
improvement project is required to give notice of intent to commence the project to all
owners of such agricultural land whose properties may be acquired in whole or in part for
the project. See I.C.A. §§ 6A.21(a) and 6B.2A.
1. DESCRIPTION OF THE PROJECT.
NOTICE IS HEREBY GIVEN to the above identified owners of agricultural land that the
City Council of the City of Dubuque, Iowa will consider authorizing the commencement
of a proj eot to construct the extension of the 16" water main along Chavenelle Road and
to acquire the land for the construction of the extension of Chavenetle Road which
project is to be known as the Chavenelle Road Water Main Extension Project (the
Project).
2. PRIVATE PROPERTY MAY BE ACQUIRED BY PURCHASE OR
CONDEMNATION.
If the above described project is approved by the City Council, the City of Dubuque will
be required to acquire property for the project improvements. Upon review of Dubuque
County property records, it appears that agricultural land owned by the above identified
persons may have to be acquired in whole or in part for the project. The City of Dubuque
will attempt to purchase the required agricultural land by good faith negotiations, and it
may condemn those properties which it is unable to purchase. The proposed location of
the above described public improvement is shown on a conceptual drawing of the project
which is now on file in the office of the City Clerk at City Hall, 13th and Central Ave.,
Dubuque, Iowa and available for public inspection.
3. PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY; ACTION REQUIRED TO PROCEED WITH PROJECT;
OPPORTUNITY FOR PUBLIC INPUT.
In making the decision to proceed with the above described project and to authorize the
acquisition of property and property interests, the City Council is required to hold a
public hearing, giving persons interested in the proposed project the opportunity to
present their views regarding the project, and regarding the proposed acquisition of
property for the project. The public hearing on the project will be held at the regular
meeting of the City Council, on January 21, 2002, at 6:30 p.m. in the Auditorium at the
Carnegie Stout Public Library, 360 W. 11th Street, Dubuque, Iowa. In order for the City
of Dubuque to proceed with the above described project and commence the acquisition of
property for the project, the City Council will be required to approve the project and
authorize acquisition of private property for the project by City Council resolution. The
City Council is scheduled to consider adoption of the resolution initiating the above
described project following the public hearing.
If the project is approved by the City Council, an appraiser retained by the City of
Dubuque will determine the compensation to be paid for property or property interests
that are needed for the project. The City of Dubuque will offer no less than the appraised
value and will attempt to purchase only the needed property by good faith negotiations. If
the City of Dubuque is unable to acquire properties needed for the project by negotiation,
the City of Dubuque will acquire those properties by condemnation.
4. CONTACT PERSON.
Persons desiring further information regarding the proposed public improvement project
or its impact on the properties identified above may contact Assistant City Engineer Gus
Psihoyos at City Hail, 13th and Central Avenue, Dubuque, Iowa 52001 by mail or in
person or by telephone at 563 589-4275.
This Notice is given by authority of the City of Dubuque, Iowa.
Jearme F. Schneider
City Clerk
City Hall
13th and Central Avenue
Dubuque, Iowa 52001
Tele 563 589-4275