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Initiation for Condemnation for Coates Property at 13102_Hearing Copyrighted June 5, 2017 City of Dubuque Public Hearings # 2. ITEM TITLE: Initiation for Condemnation for Coates Property at 13102 Derby Grange Road SUMMARY: Proof of publication on notice of public hearing to consider adoption of a resolution which establishes and sets the Just Compensation Valuation (Fair Market Value)for property at 13102 Derby Grange Road and authorizes staff to begin good faith negotiations with Mrs. Eileen Coates, and if a settlement cannot be reached through good faith negotiations, authorizes staff to proceed with eminent domain proceedings for the easement acquisition of the property for sanitary sewer to provide services to the Derby Grange LLC. Development and Derby Grange Road service area. RESOLUTION Establishing Fair Market Value, directing good faith negotiations, and granting exercise of Eminent Domain Authority by the City of Dubuque to acquire land or rights in Agricultural Land for a site-specific public improvement project at 13102 Derby Grange Road SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Extension of Sanitary Sewer to Derby Grange Road City Manager Memo and John F. Kennedy Road-MVM Memo Staff Memo Staff Memo Resolution Resolutions Proof of Publication Supporting Documentation Proof of Mailing Supporting Documentation THE CDubuque NI-A DUWBb-E- � I 1r Masterpiece on the Mississippi -2012I rP PP Zao� .zo13 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Extension of Sanitary Sewer to Derby Grange Road and John F. Kennedy Road Establishing Fair Market Value and Authorizing Commencement of Eminent Domain Proceedings, If Necessary DATE: May 26, 2017 The City has entered into an agreement with Derby Grange, LLC. to develop approximately 100 homes at the corner of Derby Grange Road and Kennedy Road. As part of the agreement the City must provide City water and sewer to the property. Water service will be provided along Kennedy Road. The ideal option for serving the property with sanitary sewer crosses the property owned by Mrs. Eileen Coates and the late Douglas Coates. This route allows for sewer service to the Derby Grange, LLC. development as well as future provision of sewer service to the most property within the area with the lowest overall cost for installation. The City currently has a written agreement from Mrs. Brimeyer, one of the other two land owners, that she will work with the City to obtain an easement after the final alignment for the sanitary sewer has been determined. Also, the City has a verbal understanding from Mr. Cherlund that the easement for the sanitary sewer along his property will be approved. The City is attempting to negotiate an easement acquisition agreement with Mrs. Eileen Coates and will continue to do so. However, the time lines for provision of sewer service to the Derby Grange, LLC. development require the condemnation process to be initiated in the event a voluntary negotiation is not successful. City Engineering Gus Psihoyos recommends the City Council adopt a resolution which establishes and sets the Just Compensation Valuation (Fair Market Value) at $22,751 based on the certified Acquisition Appraisal and Review Appraisal Report. The Resolution also authorizes staff to begin good faith negotiations with Mrs. Eileen Coates, and if a settlement cannot be reached through good faith negotiations, authorizes staff to proceed with eminent domain proceedings for the easement acquisition of the property for sanitary sewer to provide services to the Derby Grange LLC. Development and Derby Grange Road service area. I concur with the recommendation and respectfully request Mayor and City Council approval. J 1 r �1L�1#'L y ttrt�A&Znt.- Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer 2 THE CITY OF Dubuque DUB E Al,-AndcaNy Masterpiece ora the Mississippi 200"..,012.211,, TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer '1�;? SUBJECT: Extension of Sanitary Sewer to Derby Grange Road and John F. Kennedy Road Establishing Fair Market Value and authorizing commencement of eminent domain proceedings, if necessary DATE: May 24, 2017 INTRODUCTION The purpose of this memorandum is to provide the City Council with information related to the property acquisition (permanent and temporary easements) for the extension of sanitary sewer to the corner of Derby Grange Road and John F. Kennedy Road and other areas north of Derby Grange Road and establishing the Just Compensation Valuation (Fair Market Value) of necessary property for the extension of sanitary sewer to the Derby Grange Road service area. BACKGROUND The City has entered into an agreement with Derby Grange, LLC. to develop approximately 100 homes at the corner of Derby Grange Road and Kennedy Road. As part of the agreement the City must provide city water and sewer to the property. Water service will be provided along Kennedy Road. The ideal option for serving the property with sanitary sewer crosses the property owned by Mrs. Eileen Coates and the late Douglas Coates. This route allows for sewer service to the Derby Grange, LLC. development as well as future provision of sewer service to the most property within the area with the lowest overall cost for installation. We currently have a written agreement from Mrs. Brimeyer, one of the other two land owners, that she will work with us to obtain an easement after the final alignment for the sanitary sewer has been determined. Also, we have a verbal understanding from Mr. Cherlund that the easement for the sanitary sewer along his property will be approved. PROPERTY ACQUISITION The City is attempting to negotiate an easement acquisition agreement with Mrs. Eileen Coates and will continue to do so. However, the time lines for provision of sewer service to the Derby Grange, LLC. development require the condemnation process to be initiated in the event a voluntary negotiation is not successful. The City is ready to begin the acquisition process as soon as the Public Hearing is held for the Coates Property. CERTIFIED APPRAISAL PROCESS Due to the impacted property, the City felt that it was important to have uniformity and consistency with the appraisal valuation. As a result, the City retained the services of Felderman Appraisals to provide real estate property appraisal services for the extension of sanitary sewer to provide service to Derby Grange Road service area. The appraisal agent is responsible for preparing, signing, and furnishing to the City a written acquisition appraisal report for the Coates property to be acquired following generally accepted standards of professional appraisal principles and techniques in accordance and compliance with the following: ■ State of Iowa law. ■ Iowa Department of Transportation's "Appraisal Policy & Procedures Manual". ■ Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, in accordance with Part 24 of Title 49 of the Code of Federal Regulations. ■ Jurisdictional Exception Rule and Supplemental Standards contained in the Uniform Standards of Professional Appraisal Practice (USPAP). ■ Completed in a manner consistent with the appraisal assignment as specified in the Iowa Department of Transportation's "Appraisal Operational Manual" ■ Appraisal firm, agent(s) or employee(s) shall have no vested interest, direct or indirect, in the real property being appraised for acquisition. JUST COMPENSATION VALUATION Felderman Appraisals completed their appraisal report and established the certified Just Compensation Valuation (Fair Market Value) for the Coates property to be acquired. The property is identified as follows: Property Owner Zoning Land Use Just Compensation Value $ 22,751.00 (based Coates Agricultural Agricultural on $14,000.00 per acre rate RECOMMENDATION I recommend that the City Council establish the Just Compensation Valuation (Fair Market Value) for the subject property to be the value as set forth above, based on the $14,000 per-acre rate given in the certified Acquisition Appraisal and Review Appraisal report. I also recommend that the City Council authorize staff to begin good faith negotiations with the identified property owner and if a settlement cannot be reached through good faith negotiations, commence eminent domain proceedings. FUNDING SUMMARY The current estimate of probable cost for the easement acquisition for the extension of sanitary sewer to provide service to the Derby Grange service area are as follows: Description Estimated Cost Property Acquisition (Permanent and Temporary Easements) $ 22,751.00 Property Acquisition Cost Estimate $ 22,751.00 The anticipated project funding is summarized as follows: CIP No. Fund Description Fund Amount 7102729 Derby Grange Annexation $ 22,751.00 Total Project Funding 22.751.00 ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution which establishes and sets the Just Compensation Valuation (Fair Market Value) for the identified property to be acquired based on the certified Acquisition Appraisal and Review Appraisal report. The resolution also authorizes staff to begin good faith negotiations with the identified property owner and if a settlement cannot be reached through good faith negotiations, authorizes staff to proceed with eminent domain proceedings for the easement acquisition of the property for sanitary sewer to provide services to the Derby Grange LLC. Development and Derby Grange Road service area. cc: Jenny Larson, Budget Director RESOLUTION NO. 203-17 ESTABLISHING FAIR MARKET VALUE, DIRECTING GOOD FAITH NEGOTIATIONS, AND GRANTING EXERCISE OF EMINENT DOMAIN AUTHORITY BY THE CITY OF DUBUQUE TO ACQUIRE LAND OR RIGHTS IN AGRICULTURAL LAND FOR A SITE-SPECIFIC PUBLIC IMPROVEMENT PROJECT AT 13102 DERBY GRANGE ROAD WHEREAS, the City of Dubuque, Iowa, intends to acquire certain real property owned by Douglas and Eileen Coates (Owner) and legally described as: Lot 1 of the Southeast '/ of the Southeast % of Section 8, Township 89 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the recorded plat thereof (the Property) as shown on Exhibits A-1 and A-2 to improve the City enterprise providing for sewer systems along Derby Grange Road; and WHEREAS, the acquisition of agricultural real estate, or interests in agricultural real estate, will be necessary in order to make the necessary public improvements; and WHEREAS, site-specific plans have been developed and presented to the City for said project, identifying the land, or interests in land, of private property owners who will be affected thereby; and WHEREAS, a public hearing was conducted after mailed and published notice to all affected owners and contract purchasers of agricultural land as required by law; and WHEREAS, the City has caused an appraisal of the Property to be made and the appraised value of the Property is $22,751.00, based on a per -acre rate of $14,000; and WHEREAS, the City Council will pursue informal negotiations with the private property owners and will only resort to eminent domain authority in those instances where informal negotiations prove to be unsuccessful; and WHEREAS, the passage of a resolution to proceed with the project, declaring the City's intent to fund the project and authorizing the use of eminent domain authority prior to the commencement of negotiations is necessary so that delay does not result if informal negotiations prove to be unsuccessful; and WHEREAS, the City Council believes that the site-specific plans for the construction of the proposed public improvement will be pursued, that financing is available for the actual construction of this public improvement and that the public improvement is in the best interests of the citizens of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of Dubuque, Iowa: Section 1. The fair market value of the Property is hereby established to be $22,751.00, based on the $14,000.00 per -acre rate given in the certified Acquisition Appraisal and Review Appraisal report. Section 2. The City of Dubuque is hereby authorized to commence negotiations with the 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. Section 3. That the use eminent domain authority to acquire real estate, or easement rights and interests in real estate from those owners of agricultural land identified in the current site-specific plans for the improvements is hereby authorized. Attest: Passed, approved, and adopted this 5th day of J ne, 2017. Kevin ' . Fimstahl, CMC City Clerk C. IL, Roy D. Buol,layor LENER Dubuque F DUBUQUE LACE PER INST# LOT 1.1.1.1 NE SES 5271-99. ENGINEERING DEPARTMENT NOTE: r. .. SEC 08 T89N R2E. F0.SAV REBAR FD.MAG NAIL AT SE CITY HALL, 50 WEST 13th STREET CDR LOT City I)LIBUQUE,IA 52001-4864 THIS SURVEY IS LOCATED IN THE J� 1bi* � �__ TSG ARNER PLG. AII-America Ylty PHONIE (583)589.4270 FAX (563)589-4205 SE 114 SECTION 8,T89N,R2E E11 Drawn By: RNK Approved By' RNK gate: 04-06-2011 (DUBUQUE TOWNSHIP} [JEREMY Ca1'ANC7E (�. QQF } PART(?F LOT 1 OF THE SE 1f4 OF SE 114 SGC:8, OF THE 5TH P.M.,DUBUQUE N88°oo'D1'E 690,Oy T89N,R2E OF THE 5TH P.M. COUNTY,IOWA �69a1 1 D'AG LocaOomFANKlefertCAD DrawingstDartry Grange TIF LSpOtooates - ` Easement,comes ease acq plat'04002017.dwg EXISTING DEEROADLANC LOT BE SE•SEC OR f r}(gj'gry q LINE PER DEEO:LANDS T89NR2E PER PL AT LL,1lJ1 VV 1d G.)P,NUflitler �p $h88k MOt8ber: ',. Of; BOOK a3 PAGE 887 BOOK$3 PACE.226 '. LOT 1 OF SW 1,14 OF SW 114, NORTH ,SEC.9,T89N R2E OF 5TH PM: 0 i v 0 �y Y 1 ° 0 100' 200' 404' SCALE V=200'FEET 0 00 {]} 4th S55°00'29" 'W 283.14 NOTES: 00 0 1.ALL MEASUREMENTS ARE IN FEET AND �f' u- DECIMALS THEREOF. 2,PROPRIETOR OF ABOVE DESCRIBED LOT: sob°18'26'W 1o9,5s` ( I r. Xe EILEEN C.COATES UE Ik, toB 3.SURVEY REQUESTED Y CITY OF DUBUQUE, 50 W.13TH ST,DUBUQUE,IOWA Lo 4,THIS PLAT IS SUBJECT TO ALL EASEMENTS l s ft A N Q OF RECORD AND NOT OF RECORD. LOTi SESE-SEGOS f!! 5.DATE OF SURVEY:07-01-2016 Ta9NR2EPER PAT ffl/, z BOOK 33 PAGE:228 ^fl!lxl///, frd. S40'38'23"W 251,90' Z y.Q.. //f 20'WIDEPERMANENT ic> I—I. "' '` f^!! SANITARY SEWER 16 i ` FOUND IRON ROD/PIPE AS SHOWN jl,jf j' EASEMENT(20D OTHERWISE) m I` !fj! UNLESS NOTED OTHERWISE} N j �P j SURVEY ACCESS& - . r �d^!{`` 50 WIDE TEMPORARY VJ SET 518 REBAR WITH YELLOW �ll�rl/^ `>- � jl f J CONSTRUCTION EASEMENT{S0'W1DTN; 30'WIDE PERMANENT j'! UNLESS NOTED OTHERWISE} PLASTIC CAP#18128 SANITARY SEWER'X, !j/�1^f� t— j d'l?t '`..- LOT i eE SE SEC 06 z: r: EASEMENT J// 53i°53'20'tiU 29$.73 z U) 75'WIDE TEMPORARY j^ BOOK 33 PAGE 226 R.O.W. RIGHT OF WAY % �,r�/ {}]� ((''��((}}{{}}j°.y ('� SURVEY ACCESS& '� 75'WIDE TEMPORARY r ,y (100.00')t;1,)RECQRDED DIMENSION LOT 1-2 OF 54M fl4 OF CONSTRUCTION EAEMEN7J" �d^I BE 1t4 SEC,8T89N-R2E Yjd SURVEY ACCESS:& ILOI-t OF SW �jjj/ LINE: BREAK. {9F THE STH P.M,LANDS 538-57 35 E 103,65' `Y�4 P�j CONSTRUCTION EASEMENT SE,9SW 114, ! ° H 9r 0. / INSIDE JyJ 30'WIDE PERMANENT i SEC,9,T89N, j. P[ R2E 0=STF'PM S09'19'29"W 150.01' �E1 71°01'tl7`E 158.83' EASEMe TSEWER t ADJACENT PROPERTY LINE lilt/ $60 14'1 VE 278-88' -- RIGHT OF WAY LINE(EXISTING) ,'.-.�r -� ., ,SOQ /-'�••' `. N56"48'12`E 212.06' 9' 541°38 Q1 W 104 53' 582°57'09'W 413.1 !! LOT ISESE-SEC08 z �'°�p ('� f: T89N R2E PER PLAT FOUND.MAG ..^.®. ..•-•�'!d, BOOK 33 PAGE 226 MM NAIL/MASONRY LLI W LOT 3 BUTLER'S HILL FO U2 REBAR W+YELLOW S43°06'25 W 31.33' ^+ --- FD.STANDARD 2NO ADDITION. PLASTIC CAP 914417 > t;. _ ^^"�`��� C 0 NAIL J/ CONCRETE f m __ 586°48'12"W 1107.12.` 39'WINE PERMANENT HONER SECAT f f --` SW CORNER SEG.9, LOT 10F � SANITARY SEWER �- .. EASEMENT. T89N R2E. LOT 1 OF -__-___, LOT2 OF MINERAL S86°48 12-W 873.56' 0CL ASBURY PLAZA NO.16 LOT 459 LL N�9 PER INST,#2011-40017170 PER LOT 2 OF BOOK 2aT W(D d �. 1072 OF ASBURY PLAZA NO.18 PAGE 70 ASBURY PLAZA NO,IB PER INST,02011-00017170.. W PER INST.#:2011-00017170 �L CI00 m P „ 04 >W i= r� c U.] Q W� m LL tLI hereby certify that this land surveying document was prepared and A a ( Z Lu Z)0 LL LIJ� W kharelatedsuveyworkwasperfomed meOrundermytlreat ry� DUBUnUy m> oQ Of cc `-e personal supervision and that I am a dulylicensed Lana 10 r E1 0 OU #r* 4t Sun'eyror under the laws of the,Skate of Iowa: <m 06 z 5 LL z >-J(� Vie` EASEMENT ACQUISITION PLAT m FD,tr2'REBARWIYELLQW PLASTIC CAP P14417 �( W r ,. : For the City Of L}UbBBUe: AT SW CORNER LOT 1 G3 OWWd LU . �:V}CZ.,U)P �b SE.L N. .` BARTON RANDLE 2ND ADO; (} -I_-U) W a w I FFER :0 COUNTY DUBUQUE PARCEL NO, NIA JOB NO. NIA " 18128 >° PROJECT l2ERBY GRANGE SECTION TWP 8_�N_,RANGE 2E a$ O W u-O�!.°°z Q %a, -2617- ROW—FEE AIA EXIST. ROAD NIA PERM. EASEM'T_1-21962 UJ o a 0 ry�t— 0 Russell N:Kieffer cwat i0 Na 18128 gate LEGAL DESCRIPTION,PART OF LOT I OF SE 114 OF SE 914,SEC,8,T89N,R2E OF 5TH P.1 f W 0�:)0 W U1y license renewal date is December 31,2018 IY d(!1 EI)CG Pages or sheets covered by this seal: THIS PAGE ONLY OWNER EILEEN C,CUA TES Exhibit A-2 DERBY GRANGE RD. +�•==' 7rth Sanitary Sewer Branch cement#3-Permanent �a=1,926.62 SF , x442 Ac x$14,0(, 5anitary Sewer Collector Easement#1-Permanent Area=30,678.94 SF / 0.7043 Ac x$14,000 I Ac=$9,860V1, Temporary Area=2,648.90 SF Easement#1-Temporary ^308 Ac x$1,120 i Ac_=$68.10 Area=45,946.62 SF 1.0548 Ac x$1,1201 Ac=$1,181.38 West Sanitary Sewer Branch 71 Easement#2-Permanent rte. Area=2,813.56 SF /� 0.0646 Ac x 814.0001 k=$904 40 Temporary Area=20,294.14 SF Easement#2-Temporary 0.4659 Ac Ac=$521.81 Area=4,798.54 SF 0.1102 Ac x$1,1201 Ac $123 ` II At Sanitary Sewer Uranch cement#4-Permanent =17,683.60 SF 04060 Ac x$14,0001 Ac=$5,684.00 DESIGN TEAM: TIC CITY OF DUBUQUE-ENGINEERING DEPT DUBUQUE COUNTY I PROJECT NUMBER: 7101350 1 Derby Grange Sanitary Sewer-Coates Easement Exhibit SHEET: D.00 REV.02 Mar 17 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 22, 2017, and for which the charge is $46.56. u, L� Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this o?,3 day of . 20/x. el otary Public in and for Dub que County, Iowa. MARY K WESTERMEYER `. Commission Nurder 15488 , ow MY Commission Exp•Feb.1.2020 offer cannot be less than the appraised value as determined by the appraisal.If negoti- ations are unsucces- sful, then the law CITY OF DUBUQUE, requires additional IOWA notices and hearings OFFICIAL NOTICE prior to the taking of PUBLIC NOTICE is any property or hereby given that the interest in property. City Council of the City Funding for this of Dubuque, Iowa,will project is expected to hold a public hearing be obtained from cash on the 5th day of June, on hand in any fund of 2017 at 6:00 p.m.in the the City which can be Historic Federal Build- legally used for such ing, 350 West 6th purposes and funds Street, second floor, borrowed for this pur- Dubuque, Iowa, at pose through the issu- which meeting the City ance of revenue bonds. Council will receive Final selection of the public input into the design for this project consideration of whe- 1 will be made based ther or not to authorize upon engineering de- the use of eminent sign standards that are domain authority(con- applicable. to public demnation) with re- improvements, includ- spect to the proposed ing the topography of. sewer enterprise pub- the properties and the lic improvements along anticipated service Derby Grange Road volumes and capacities now under consider- of the facilities. ation and the final The person desig- design of that project. nated by the City of The current site- Dubuque as the person specific design for this with whom communi- project involves a cations should be portion of the real made about this estate owned by Doug- project is City Engineer las and Eileen Coates Gus Psihoyos,50 West as shown by the 13th Street, Dubuque, . records of the Dubuque IA 52001, (563) 589- County Auditor. 4270, gpsihoyo@cityof The purpose of the dubuque.org. Project is to expand At the meeting, the and improve the City City Council will 're- enterprise , providing ceive oral and written for sewer -systems comments from any along Derby Grange resident or property Road. owner of said City to Following the public the above action.Writ- meeting, the City ten comments regard- Council may consider a ing the above public resolution or other hearing may be declaration of intent to submitted to the City . acquire or condemn,if Clerk's Office, City necessary, all or a Hall,50-W.13th Street, Portion of the property on or before said time for the purpose of of public:hearing. Public improvement Copies of supporting The laws of the state documents for the of Iowa require, and public hearings are on the City of Dubuque file in the City Clerk's will pursue, informal: Office,-and may be negotiations concern-; viewed during normal ing the just compen-'; working hours. sation required for any' Any visual or hearing property,or interest in impaired persons need- property, taken or ing special assistance affected by this or persons with special Project In the event accessibility needs the City elects to should contact the City .proceed with negoti- Clerk's Office at (563) ations under the Emi- 589-4100 or TTY 563) nent Domain(Condem- 690-6678 at least 48 nation) Chapter of the hours prior to the Iowa Cade, the pro- meeting. perty owner will Dated this 22nd day of receive a copy of the May,2017. formal appraisal, prior Kevin S.Fimstahl,CMC to the commencement City Clerk of any negotiations.An it 5/22 i Dubuque City Clerk's Office ` THE COF -�� all 50 CitW 13''Street DUtB AllAm�caCitr Dubuque, 1 52001-4864 { E ' I I''' (563)589-411 00 office (563)589-0890 fax ctyclerk@cityofdubuque.org Masterpiece on the Mississippi 2007•201z•2013 www.cityofdubuque.org i NOTICE OF PUBLIC HEARING TO: Douglas M. and Eileen C. Coates i Owners and contract purchasers of record as shown by the County Auditor YOU ARE HEREBY NOTIFIED pursuant to Iowa Code §6B.2A that a public hearing will be held before the Dubuque City Council in Council Chambers, second floor of the Historic Federal Building, at 350 West 6th Street, Dubuque, IA 52001, at 6:00 p.m. on the 5th day of June, 2017, for the purpose of receiving public input into the consideration of whether or not to authorize the use of eminent domain authority (condemnation) with respect to the proposed sewer enterprise public improvements along Derby Grange Road now under consideration and the final design of that project. The current site- specific design for this project involves a portion of the real estate owned by you as a shown by the records of the Dubuque County Auditor. What: Public Hearing of the Dubuque City Council Location: Dubuque City Council Chambers 2nd floor, Historic Federal Building 350 West 6th Street Dubuque, Iowa 52001 Time: 6:00 p.m. i Date: June 5, 2017 i The purpose of the project is to expand and improve the City enterprise providing for sewer systems along Derby Grange Road. Following the public meeting, the City Council may consider a resolution or other declaration of intent to acquire or condemn, if necessary, all or a portion of your property for the purpose of public improvement. The laws of the State of Iowa require, and the City of Dubuque will pursue, informal negotiations with you concerning the just compensation required for any property, or interest in property, taken or affected by this project. In the event the City elects to proceed with negotiations under the Eminent Domain (Condemnation) Chapter of the Iowa Code, you will receive a copy of the formal appraisal, prior to the commencement of any negotiations between you and the City of Dubuque. You cannot be offered less I i i than the appraised value as determined by the appraisal. If negotiations are unsuccessful, then the law requires additional notices and hearings prior to the taking of any property or interest in property. Funding for this project is expected to be obtained from cash on hand in any fund of the City which can be legally used for such purposes and funds borrowed for this purpose through the issuance of revenue bonds. Final selection of the design for this project will be made based upon engineering design standards that are applicable to public improvements, including the topography of the properties and the anticipated service volumes and capacities of the facilities. The person designed by the City of Dubuque as the person with whom communications u should be made about this project is City Engineer Gus Psihoyos, 50 West 13th Street, Dubuque, IA 52001, (563) 589-4270, gpsihoyo(c�cityofdubugue.org. A statement of individual property rights prepared by the Iowa Attorney General is being mailed to the owners of agricultural land affected by the existing design of the project, together with a copy of the State statute describing this notice and the purpose for the public hearing. a Please plan to attend the public hearing and consult with an attorney concerning your rights with respect to the process of eminent domain. This notice was authorized by the City Council by resolution setting hearing and directing notice passed at its regular meeting on the 1 St day of May, 2017. Kevin . Firnstahl City Clerk, CMC, City of Dubuque Ir D- D- it n"1 fv . ® to Ln Postage $ Ej Certified Fee 1� C7 O Return Reciept Fee �eme rk (Endorsement Required) d Restricted Delivery Fee M m (Endorsement Required) 0 0 ru nj Total Postage&Fees ®® rU rU a C3 Sent To Douglas & Eileen Coates 17- r Street,Apt No.f 13102 Derby Grange Road or PO Box No. Dubuque, IA 52002 City,State,.ZIP+4 • s • • ON ■ Complete items 1,2,and 3.Also complete A. signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee y so that we can return the card to you. Attach this card to the back of the mailpiece, B. Received by(Punted Name) C. Data of Delivery ■ or on the front if space permits. D. Is delivery address different from item 1? ❑Yes i i' 1. Article Addressed to; If YES,enter delivery address below: ❑No I I I I i I Douglas & Eileen Coates 13102 Derby Grange Road i Dubuque, IA 52002 s. service Type XCertified Mail ❑Express Mail ❑Registered Return Receipt for Merchandise i ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 2050 0004 5226 91,94 (transfer from service label) ___ I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; i --- I I UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS I Permit No.G-10 i I i t • Sender: Please print your name, address, and ZIP+4 in this box • ' j I � City Clerk's Of ilce ;v0 W. 13th. St. I Dubuque, IA 5200-1 I I I I I I I i I SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. //�l �'j 11 Agent X ■ Print your name and address on the reverse tom' JL (�? i�� ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of DEiivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No Douglas & Eileen Coates 13102 Derby Grange Road Dubuque, IA 52002 3. Service Type �Certified Mail ❑Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7002 2030 0004 5226 9194 (Transfer from service labeq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540