Eminent Domain Proceedings_Airport Terminal_10719 Merlin RoadTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
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.1AMES (TIM) A. O~BRIEN, ESQ. ,~~!~~ `~
ASSISTANT CITY ATTORNEY ~'
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To: Mayor Roy D. Buol and
Members of the City Council
DATE: April 3, 2008
RE: Dubuque Regional Airport Terminal Relocation Project/
10719 Merlin Lane -Bradley Farms Property
As you will recall, the City Council authorized on February 18, 2008, the acquisition or
condemnation, if necessary, of this property for the Dubuque Regional Airport Terminal
Relocation Project.
The property has been appraised at $809,000. An offer to purchase the property for the
appraised value was sent to the Bradleys on February 25, 2008. To date, the owners,
the Bradleys, have not responded to the offer.
Notice of a proposed resolution authorizing acquisition of the Bradley property by
eminent domain was sent to the Bradleys on April 3, 2008.
Enclosed is a resolution authorizing the commencement of eminent domain
proceedings to acquire the property.
would request that the City Council adopt the resolution authorizing the
commencement of eminent domain proceedings to acquire the property.
Enclosure
cc: Michael C. Van Milligen, City Manager
Bob Grierson, Airport Manager
Ronald Bradley, Jeffrey Bradley and Brian Bradley
Douglas Pearce, Esq.
F:\USERS\tsteckle\O'Brien\Airport Land Acquisitions\MayorCouncil_ResolutionComEmDomain0421 Meeting_Bradley_040308.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
Preparers James A. O'Brien Suite 330 Harbor View Place Dubuque, IA 52001 (563) 583-41138550
RESOLUTION NO. 160-08
AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS
FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY RONALD
BRADLEY, BRIAN BRADLEY AND JEFF BRADLEY AT 10719 MERLIN LANE IN
DUBUQUE COUNTY, IOWA, FOR THE DUBUQUE REGIONAL AIRPORT TERMINAL
RELOCATION PROJECT
WHEREAS, the City of Dubuque (City) intends to acquire real property for
Dubuque Regional Airport Terminal Relocation Project. The property, currently owned
by Ronald Bradley, Brian Bradley and Jeff Bradley (Owners), is legally described as
fof{ows (the Property):
Lot 2 of Lot 3 of the W %2 of the NW '/4 of Section 36, Township 88 North,
Range 2 East of the 5t" 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
'h of the NW '/4 of Section 36, Township 88 North, Range 2 East of the Stn
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 5t" P.M., in Dubuque County, Iowa, according
to the United States Government Survey and the recorded plats thereof;
The North 3/ of the N '12 of the SW 1/4; Lot 1 of Lot 1 of the W '/ of the
NW '/4 and Lot 2 of Merlin Bradley Addition, all in Section 36, Township 88
North, Range 2 East of the 5t" 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 '/4 of the NW '/a; and the SW '/a of the NW '/4, except 'h
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 '/; Lot 3 of
Lot 1 of Lot 2 of Lot 1 of the NE % of the NW '/; all in Section 35,
Township 88 North, Range 2 East of the 5t" P.M., in Dubuque County,
Iowa, according to the United States Government Survey and the
recorded plats thereof, less 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 Council finds that there is a reasonable expectation the City
will be able to proceed with and complete the Dubuque Regional Airport Terminal
Relocation Project, comply with all applicable standards and obtain the necessary
permits; 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 caused an appraisal of the Property to be made and the
appraised value of the Property is $809,000; and
WHEREAS, City has made an offer to purchase the Property for not less than its
fair market value; and
WHEREAS, City has been unab{e after good faith negotiations to reach an
agreement with Owner for the acquisition of the Property.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The City Manager and the City Attorney are hereby authorized to
commence eminent domain proceedings for the acquisition of the Property and to take
such further action as may be necessary for the acquisition of the Property.
Passed, adopted and approved this 5th day of May, 2008.
Roy D. Buol, Mayor
Jeanne F. Schneider, CMC, City Clerk