Dubuque Regional Airport_Terminal Relocation ProjectTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Dubuque Regional Airport Terminal Relocation Project - 10719 Merlin
Lane
DATE: January 14, 2009
In February of 2008 the City Council adopted a resolution establishing the fair market
value for the above-mentioned property as part of the process of acquisition of the
property. That resolution contained an overly broad legal description for the property to
be acquired. Assistant City Attorney Tim O'Brien is recommending adoption of a
resolution with the narrowed legal description for the property with the fair market value
remaining at the figure set forth in the previous resolution, namely $809,000.00.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/js
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Tim O'Brien, Assistant City Attorney
a
THE CTTY OF
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Masterpiece on the Mississippi
MEMORANDUM
.LAMES (TIM) A. O'BRIEN, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: January 13, 2009
RE: Dubuque Regional Airport Terminal Relocation Project -Property
at 10719 Merlin Lane
In February of 2008 the City Council adopted a resolution establishing the fair market
value for the above-mentioned property as part of the process of acquisition of the
property. That resolution contained an overly broad legal description for the property to
be acquired. Enclosed is a resolution with the narrowed legal description for the
property with the fair market value remaining at the figure set forth in the previous
resolution, namely $809,000.00.
I would request that the enclosed resolution with the revised legal description be
submitted to the Mayor and City Council for consideration and approval at the January
20, 2009 City Council meeting.
Enclosure
cc: Cindy Steinhauser, Assistant City Manager
Robert Grierson, Airport Manager
Ronald Bradley, Jeffrey Bradley, and Brian Bradley
Douglas Pearce, Esq.
F:\USERS\tsteckle\O'Brien\Airport Land Acquisitions\MVM_BradleyRevisedResolution012009Agenda_011309.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. 27-09
ESTABLISHING THE FAIR MARFtET 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 the SE '/4 of the NW '/4; and the SW 1/4 of the NW 1/4, 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 1/4 of the NW 1/4; 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, 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 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 less
than the fair market value established by this Resolution.
Passed, approved and adopted this 20th day of January, 2009.
Kevin J. Lynch, Mayor Pro-Tem
Attest:
Jeanne F. Schneider, CMC,
City Clerk