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Dubuque Regional Airport Termial Relocation Project_REMOVEDMasterpiece on the Mississippi goz)(), ayoe Dubuque keLd Ni- AmalcaCi1y 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Regional Airport Terminal Relocation Project - Property at 10719 Merlin Lane DATE: January 30, 2008 Assistant City Attorney Tim O'Brien is recommending approval of the resolution establishing the fair market value of the property at 10719 Merlin Lane at $809,000, and authorizing Dubuque Regional Airport Manager Robert Grierson and City Attorney Barry Lindahl to commence negotiations with the property owner for purchase of the property for the Dubuque Regional Airport Terminal Relocation Project. concur with the recommendation and respectfully request Mayor and City Council approval. t. 4 Michael C. Van Milligen MCVM /jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Tim O'Brien, Assistant City Attorney • Masterpiece on the Mississippi MEMORANDUM 1,> JAMES (TIM) A. O'BRIEN, ESQ. ASSISTANT CITY ATTORNEY To: DATE: RE: Michael C. Van Milligen City Manager January 25, 2008 Dubuque Regional Airport Terminal Relocation Project — Property at 10719 Merlin Lane In order to move ahead with acquisition of the property by eminent domain, it is necessary to have the property appraised and establish the fair market value of the property in order to make an offer to the property owner for the purchase of the property. The property has been appraised at $809,000. Enclosed is a resolution establishing the fair market value of the property for $809,000. I would request that the enclosed resolution establishing the fair market value and authorizing the Dubuque Regional Airport Manager and City Attorney to commence negotiations with the property owner for the purchase of the property be submitted to the Mayor and City Council for consideration and approval. Enclosure cc: Cindy Steinhauser, Assistant City Manager Robert Grierson, Airport Manager Ronald Bradley, Jeffrey Bradley, and Brian Bradley F: \USERS\tsteckle \O'Brien\Airport Land Acquisitions\ MVM_ BradleyFairMarketValueResolution0204Agenda _012508.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -8550 / FAx (563) 583 -1040 / EMAIL tiobrien @cityofdubuque.org Preparer: James A. O'Brien Suite 330 Harbor View Place Dubuque, IA 52001 (563) 583 - 41138550 RESOLUTION NO. -08 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY AT 10719 MERLIN LANE, DUBUQUE, IOWA, OWNED BY RONALD BRADLEY, JEFFREY BRADLEY, AND BRIAN BRADLEY WHEREAS, Ronald Bradley, Jeffrey Bradley, and Brian Bradley (Owners) are the owners of the real property at 10719 Merlin Lane legally described as follows (the Property): Lot 2 of Lot 3 of the W 1/2 of the NW 1/4 of Section 36, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to easements of record; Lot 1 of Lot 1 of Lot 5, and Lot A of Lot 2, both of the Subdivision of the W % of the NW % of Section 36, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to easements of record; Lot 2 of Merlin Bradley, Second Addition, in Section 36, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof; The North % of the N 1/2 of the SW 1/4; Lot 1 of Lot 1 of the W 1/2 of the NW'/ and Lot 2 of Merlin Bradley Addition, all in Section 36, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, subject to highway, and, Lot 2 of the SE % of the NW 1/4; and the SW % of the NW %, except 1/2 acre in the SW Corner thereof deeded to Independent School District of Table Mound Township; Lot 2 of Lot 2 of the NW ' of the NW 14; Lot 3 of Lot 1 of Lot 2 of Lot 1 of the NE % of the NW 1/4; all in Section 35, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, Tess right of way conveyed to the State of Iowa and /or the State Highway Commission for road purposes, and that part sold to the City of Dubuque, Iowa, for airport purposes; and together with and subject to all rights and easements of record, from November 13, 1996, title to which rests in Ronald Bradley, Jeffrey Bradley and Brian Bradley, each owning an undivided 1/3 interest, and doing business as Bradley Farms, and WHEREAS, the City of Dubuque (City) intends to acquire the Property for the Dubuque Regional Airport Terminal Relocation Project; and WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with Owners to purchase the Property before proceeding with condemnation; and WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; and WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $809,000.00; and WHEREAS, the City Council now desires to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $809,000.00. 2. The Dubuque Regional Airport Manager and the City Attorney are hereby authorized to commence negotiations with Owners of the Property and any other interested parties for the purchase of the Property for a purchase price which is not Tess than the fair market value established by this Resolution. Attest: Passed, approved and adopted this day of , 2008. Roy D. Buol, Mayor Jeanne F. Schneider, City Clerk