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409 Burch Street Fair Market Value Dubuque THE CITY OF _~ ~T ~(~ ~ A!I-AmeriaCitN ~„! Masterpiece on the Mississippi ~; ~' 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 409 Burch Street DATE: January 16, 2008 City Attorney Barry Lindahl is recommending that the fair market value be established for 409 Burch Street at $34,000, based on an appraisal. 1 concur with the recommendation and respectfully request Mayor and City Council approval. ~~ ~. u Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager THE CTTY OF DUB E Masterpiece on the Mississippi BARRY LINDAF CITY ATTORNE MEMORANDUM To: ichael C. Van Milligen Ci Manager DATE: January 3, 2008 RE: 409 Burch Street As you will recall, the City Council determined that the property at 409 Burch Street was a public nuisance and directed the City Manager to take appropriate action to abate the nuisance. As of the date of this letter, the exterior shell of the building still has not been completed. 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 $34,000. Enclosed is a resolution establishing the fair market value of the property for $34,000. I would request that the enclosed resolution establishing the fair market value and authorizing the City 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 David Harris, Housing & Community Development Director John White F:\USERS\tsteckle\Lindahl\White John, City of Dubuque vs\MVM_FairMarketValueResolution0122Agenda_010308.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 30O MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org Preparers Barry A. Lindahl Suite 330 Harbor View Place Dubuque, IA 52001 (583) 583-4113 RESOLUTION NO. 21-08 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE WHEREAS, John White (Owner) is the owner of the real property at 409 Burch Street legally described as follows (the Property): Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, the City Council has found that the Property constitutes a public nuisance; and WHEREAS, the City of Dubuque (City) intends to acquire the Property for the purpose of abating the public nuisance as authorized by Iowa Code § 364.12A; and WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with Owner 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 iie made and the appraised value of the Property is $34,000.00; 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 $34,000.00. 2. The City Manager and the City Attorney are hereby authorized to commence negotiations with Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution. Passed, approved and adopted this 22nd day of January, 2008. Ric W. Jones, Mayor Pro-Tem Jeanne F. Schneider, City Clerk F:\USERS~tsteckle\Lindahl\While John, City of Dubuque vaV2e5olution5ettingValue_120707.doc