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Wal-Mart Tax Appeal, 4200 DodgeBarry A. I.indalll, Esq. Corporation Counsel Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 5200t~944 (563) 58~4113 office (563) 583-1040 fax balesq@mwcLnet December 12, 2002 Mayor of the City of Dubuque City Hall 13th & Central Avenue Dubuque, IA 52001 President of the Board of Directors Northeast Iowa Community College P.O. Box 400 Calmar, IA 52132 Chairperson of the Dubuque County Board of Supervisors Dubuque County Courthouse 720 Central Avenue Dubuque, IA 52001 Chairperson of the Board of Trustees Dubuque County Hospital Sunnycrest Manor 2375 Roosevelt Street Dubuque, IA 52001 Chairperson of the School Board Dubuque Community School District Central Administration Offices 2300 Chaney Road Dubuque, IA 52001 Chairperson of the Council of the Dubuque County Agricultural Extension Service 14742 Hwy. 20 West, Suite 2 Dubuque, IA 52003 Chairperson of the Conference Board of the City of Dubuque City Hall I & Central Dubuque, IA 52001 RE:Wal-Mart Stores, Inc. Tax Appeal Dear Chairpersons, Mayor and President: Enclosed is a copy of'a Stipulation of Settlement of a tax assessment appeal, which is required to be served upon each of you, pursuant to Iowa code Section 441.44. The property that is the subject of this appeal is located at 4200 Dodge Street, DubUque, Iowa, legally described as Lot 2, Wal-Mart Subdivision, Dubuque, Iowa, with an assessed valuation of $10,180,570.00 as of January 1, 2001. The Iowa Department of Revenue and Finance issued an Equalization Order which increased the 2001 assessed value of the property by 18% for a total assessed value of $12,013,070.00. Wal-Mart filed a Protest against the Equalization Order with the Board of Review and the Board of Review denied the Protest. Wal-Mart then filed this appeal with the Iowa District Court for Dubuque County. The property has now been appraised by four appraisers, two retained by the Board of Review and two retained by Wal-Mart. The appraisers for the Board of Review using the market approach to value determined the value of the property to be $9,453,000.00 and $8,000,000.00. The appraisers for Wal-Mart using the market approach to value determined the value of the property to be $10,000,000.00 and $10,500,000.00. Based upon appraisals by appraisal firms retained by both parties, the parties have agreed on an assessed valuation of $10,180,570.00, which is the value of the property prior to the Equalization Order. The proposed settlement will be presented to the Court after fourteen days from the date indicated on the attached Notice of Voluntary Settlement. If there are any objections to the proposed settlement, they should be made known to the Court prior to that time. If you have any questions about the proposed settlement, please contact City Assessor Rick Engelken at (563) 589-4416. BAL/tls Enclosure CC; Rick Engelken, City Assessor Dubuque County Courthouse 720 Central Avenue Dubuque, IA 52001 Paul D. Bums, Esq. BRADLEY & RILEY P.C. 2007 First Avenue SE PO Box 2804 Cedar Rapids, IA 52406-2804 2 bcc: Michael Van M#ligen City Manager Pauline Joyce Administrative Services Manager Bob Felderman FELDERMAN APPRAISALS '1'170 Iowa Street Dubuque, IA 5200'1 Fred H. Lock, MAI SRPA 7'19 Midland Building 206 dh Avenue Des Moines, IA 50309 3 IN THE DISTRICT COURT FOR DUBUQUE COUNTY WAL-MART STORES, INC., Plaintiff-Appellant CITY BOARD OF REVIEW OF DUBUQUE, IOWA Defendant-Appellee. EQUITY NO. 01311 EQCV092758 STIPULATION OF SETTLEMENT Appellant, Wal-Mart Stores, Inc. and Appellee, Board of Review of the City of Dubuque, Iowa, state to the Court that the pending litigation with regard to the tax assessment for the following-described property: Lot 2, Wal-Mart Subdivision Has been settled and agreed upon as follows: Land $2,436,960.00 Building $7,743,610.00 Total $10,180,570.00 It is further agreed that upon entry of a Court Order confirming the above settlement, the above pending litigation shall be dismissed with prejudice, and the Court costs shall be paid by the Appellant. Dated this //1¢r dayof WAL-MART STORES, INC. Paul D. Burns, Esq. BRADLEY & RILEY P.C. 2007 First Avenue SE PO Box 2804 Cedar Rapids, IA 52406-2804 (319) 363-0101 BOARD OF REVIEW OF THE CITY OF DUBUQUE Ba/fry A. Lindahl, Esq. S~te 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 583-4113 Attorney for Appellant Counsel for the Board of Review IN THE DISTRICT COURT FOR DUBUQUE COUNTY WAL-MART STORES, INC., Plaintiff-Appellant CITY BOARD OF REVIEW OF DUBUQUE, IOWA Defendant-Appellee. ) ) ) ) ) ) ) ) EQUITY NO. 01311 EQCV092758 NOTICE OF VOLUNTARY SETTLEMENT TO: City of Dubuque, Iowa County of Dubuque, Iowa Dubuque Community School Distdct Northeast Iowa Community college Dubuque County Hospital Dubuque County Agricultural Extension Service Conference Board of the City of Dubuque YOU ARE HEREBY NOTIFIED, pursuant to Iowa Code Section 441.44, that the above-named Appellant and the Board of Review, Appellee, have entered into a voluntary settlement of this assessment appeal. A copy of the proposed Stipulation of Settlement is attached hereto. This Stipulation of Settlement will be presented to the above-named Court for approval after fourteen days from the date of this Notice. Dated this 1~-[. day of Dece_m~_~ ,2002. Board of I~'ew for the City of Dubuque, Defendant- (~orporation Counsel ~uite 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 (563) 583-4113