Newman prop acquire US 20 UniveMEMORANDUM
November 9, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: University Avenue Extension/US Highway 20 Project
To implement the University Avenue Extension Project, I respectfully recommend Mayor
and City Council approval of the authority to commence formal proceeding for the
acquisition of this property by eminent domain.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Acting Public Works Director/City Engineer
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1O4D fax
balesq@cityofdubuque.org
Michael C. Van Milligen, City Manager
City Hall - City Manager's Office
50 West 13th Street
Dubuque, IA 52001
October 29, 2004
RE:
University Avenue Extension/US Hwy. 20 Project
Dear Mike:
Enclosed are two resolutions authorizing the acquisition by eminent domain of real
property owned by Elm Real Estate, loC. (Iowa Glass) and by James E. Newman in
connection with the above project.
The acquisition of these properties is necessary for the construction of the University
Avenue Extension to Highway 20. The City Council has previously authorized the City
to enter into negotiations with the property owners for the voluntary acquisition of the
property. To date, efforts to acquire the property by voluntary acquisition have not been
successful. In order to complete the project in a timely manner, it is now necessary to
request the City Council authority to commence formal proceedings for the acquisition
of the property by eminent domain.
BAL:tls
Enclosure
cc:
Gus Psihoyos, Acting Public Works Director
James E. Graham, Graham Land Acquisition Associates
RESOLUTION NO. 415-04
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF
CERTAIN REAL PROPERTY OWNED BY
ELM REAL ESTATE, LC. IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque .(City) intends to acquire certain real
property owned by Elm Real Estate, LC. (Owner), and the tenant interests thereon
of James Newman and Eunice Newman, both individually and both doing business
as Acme Glass and Auto Parts, as Eunice's Unique Tractors and as James
Insurance & Consultants (Tenants), legally described as follows (the Property):
ACQUISITION OF FEE SIMPLE TITLE AS TO LAND AS DESCRIBED ON EXHIBIT
A ATTACHED HERETO
AND
ACQUISITION OF TEMPORARY EASEMENT AS TO LAND AS DESCRIBED ON
EXHIBIT B ATTACHED HERETO
as shown on Exhibit C attached hereto for the purpose of the University
Avenue/Highway 20 Improvement Project;
AND WHEREAS, City has made a good faith effort to negotiate with the
Owner and Tenants to purchase the Property but has been unàble to acquire the
property voluntarily;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOLLOWS:
1. The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this 15th day of November, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EXHIBIT A
ACQUISITION OF FEE SIMPLE TITLE-
A part of Lot 2 of Newman Place and a part of Lots 1 and 2 of the Subdivision of Lot 2 of the Subdivision
of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision
of part of Lot 1 of the Subdivision of Mineral Lot 248, now in the City of Dubuque, Dubuque County,
Iowa, more particularly described as follows:
Begirming at the southeasterly corner of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of
the Subdivision of Lot 2 ofMinera1 Lot 237 and Lot 2 ofMinera1 Lot 238 and the Subdivision of part of
Lot 1 of the Subdivision of Mineral Lot 248; thence South 82°01'41" West along the south line of said
Lot 2 and the presently established northerly right-of-way line of existing U.S. Highway No. 20 a distance
of207:25 feet; thence North 04°47'57" West, 48.63 feet; thence North 83°55'09" West, 87.59 feet;
thence North 68°55'15" West, 29.72 feet; thence North 20°40'29" East, 48.00 feet; thence North
43°38'03" East, 30.86 feet; thence South 83°55'09" East, 69.77 feet; thence North 05°05'28" West,
144.00 feet to the begirming of a 40.00 foot radius tangent curve concave southwesterly with a central
ang]e of 102°45'27"; thence Northwesterly, 71.74 feet along said curve with a chord bearing North
56°28'] I" West, 62.50 feet; thence South 72°09'05" West, 64.24 feet to the presently established
southeasterly right-of-way line of existing University Avenue and the northerly line of Lot I of the
Subdivision of Lot 2 of the Subdivision of Lot I of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2
of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248; thence
North 59°12'28" East along said southeasterly right-of-way line and said northerly lot line 68.57 feet to
the northerly corner of said Lot I; thence North 58°48'36" East, 26.84 feet along said southeasterly right-
of-way line and the northerly line of Lot 2 of Newman Place to the beginning of a 606.08 foot radius
tangent curve concave northwesterly with a central angle of 12°30'58"; thence Northeasterly, 132.40 feet
along said curve and said southeasterly right-of-way line with a chord bearing North 52°33 '07" East,
132.13 feet to the westerly corner of Lot 1 of Newman Place; thence South 38°17'36" East along the
southwesterly line of said Lot I a distance of27.60 feet; thence South 5 ¡"°15 '23 " West along said
southwesterly line ]2.00 feet; thence South 38°44'37" East along said southwesterly line 49.60 feet to the
southerly corner of said Lot I; thence North 5]°]5'23" East along the southeasterly line of said Lot I a
distance of 84.89 feet to the easterly corner of said Lot I; thence North 38°53'12" West along the
northeasterly line of said Lot] a distance of 35.36 feet; thence North 54°01 '05" West along said
northeasterly line 49.27 feet to the northerly corner of said Lot I and said presently established
southeasterly right-of-way line of existing University Avenue; thence North 71 °22 '34" East along said
southeasterly right-of-way line and the northerly line of Lot 2 of said Newman Place 28.96 feet; thence
South 87°37'02" East along said northerly line 141.44 feet to the northeast comer of said Lot 2; thence
South 01 °35'57"East along the east line of said Lot 2 a distance of 80.90 feet; thence South 32°28'34"
West along said east line 67.74 feet; thence South 06°26'09" West along said east line 165.78 feet; thence
.. South 33°33 '51" East along said east line 4.80 feet; thence South 0]~54'09" West along said east line,
] 0.43 feet to the southerly corner of said Lot 2 and the northeast corner ofLot2 of the Subdivision of Lot
2 ¡jfthe Subdivision of Lot I of the Subdivision of Lot 2 of Mineral Lot 237 and Lot ;(ofMineral Lot 238
and the Subdivision of part of Lot I of the Subdivision of Mineral Lot 248; thence'South 02°44 '37" West
along the east line of said Lot 2 a distance of 115.23 feetto the Point of Beginning containing 106,520
square feet more or less.
NOTE: The southerly line of Lot 2 of the Subdi\~sion of Lot 2 of the Subdi\~sion of Lot 1 ofthe
Subdivis;on of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision ofpaI1 of Lot
I of the Subdivision of Mineral Lot 248 is assumed to bear South 82001 '41" West.
EXHIBIT B
ACQUISITION OF TEMPORARY EASEMENT
A part of Lot 2 of Newman Place and a part of Lots I and 2 of the Subdivision of Lot 2 of the Subdivision
of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision
of part of Lot I of the Subdivision of Mineral Lot 248, now in the City of Dubuque, Dubuque County,
Iowa, more particularly descn"bed as follows:
Commencing at the southeasterly corner of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot' I
of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part
of Lot 1 of the Subdivision of Mineral Lot 248; thence South 82001 '41" West along the south line of said
Lot 2 and the presently established northerly right-of-way line of existing U.S. Highway No. 20 a distance
of 207.25 feet to the Point of Beginning; thence continuing South 82°0 I' 41" West along said south lot
line ¿u¡d said northerly right-of-way line 123.77 feet; thence North 07°58'19" West, 87.16 feet; thence
North 20°40'29" East, 58.00 feet; thence North 51 °46'08" East, 90.45 feet; thence North 05°57'45" East,
104.12 feet; thence North 66°48'23" West, 46.62 feet; thence South 72009'05" West, 62.51 feet; thence
North 30°54'13" West, 5.13 feet to the presently established southeasterly right-of-way line of existing
University Avenue and the northerly line of Lot 1 of the Subdivision of Lot 2 of the Subdivision of Lot 1
of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 23 8 and the Subdivision of part
of Lot I of the Subdivision of Mineral Lot 248; thence North 72°09'05" East, 64.24 feet to the beginning
of a 40.00 foot radius tangent curve concave southwesterly with a central angle of 102045'27"; thence
Southeasterly, 71.74 feet along said curve with a chord bearing South 56°28'11" East, 62.50 feet; thence
South 05°05'28" East, 144.00 feet; thence North 83°55'09" West, 69.77 feet; thence South 43°38'03"
West, 30.86 feet; thence South 20°40'29" West, 48.00 feet; thence South 68°55'15" East, 29.72 feet;
thence South 83°55'09" East, 87.59 feet; thence South 04047'57" East, 48.63 feet to the Point of
Beginning containing 14,860 square feet more ÒT less.
NOTE: The southerly line of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot I of the
Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 ofMineraJ Lot 238 and the Subdivision of part of Lot
I of the Subdivision of Mineral Lot 248 is assumed to bear South 82°0 I '41" West.
EXHIBIT C
1/1
IOWA DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
PLOT PLAN
PARCEL NO.:
001
OWNER: ELM REAL ESTATE L.C.
SECTION: - T - -R-
SCALE:,"= 100'
LEGEND
W.O. OR EASE.,,", U""
....
III
ACCESS PONT.
CITY
OF
DUBUQUE
N
~
COUNTY:
DUBUQUE
I
I
I
>:
PROJECT NO.:
STP-U-2 t 00(623)-- 70-31
"""i"\""\O"".""".<>we ("'0'"'
"'N'~ U. "'" ",05,20 ,.m.
RESOLUTION NO.
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF
CERTAIN REAL PROPERTY OWNED BY
JAMES E. NEWMAN IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque (City) intends to acquire certain real
property owned by James E. Newman (Owner), and the tenant interests thereon of
James Newman and Eunice Newman, both individually and both doing business as
Acme Glass and Auto Parts, as Eunice's Unique Tractors, as James Insurance &
Consultants, and the tenant interest thereon of Eunice Newman doing business as
Eunice's Unique Flowers (Tenants), legally described as follows (the Property):
ACQUISITION OF FEE SIMPLE TITLE AS TO LAND AS DESCRIBED AS
FOLLOWS:
LOT 1 OF NEWMAN PLACE IN THE CITY OF DUBUQUE, IOWA
as shown on Exhibit A attached hereto for the purpose of the University
Avenue/Highway 20 Improvement Project;
AND WHEREAS, City has made a good faith effort to negotiate with the
Owner and Tenants to purchase the Property but has been unable to acquire the
property voluntarily;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOLLOWS:
1. The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this - day of, 2004.
Terrance M. Duggan, Mayor.
Attest:
Jeanne F. Schneider, City Clerk
EXHIBIT A
'----------'.'."O-._,
",0' ","NSYLVAN" AVE,
DUBUDUE. IOWA,
<"') 556-2....
PLA T OF SURVEY
NEWMAN PLACE, DUBUQUE, IOWA
"
LEGEND
. FOUND "ONU"ENT
0 SET 5/8- RE-BAR WITH PLASHC
CAP NO. 11305 UNLES§ NDTEO
~ PLAT BOUNOARY
---- RIGHT-OF-WAY UNE
(0.00) RECORD INFORMATION . .~
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DESCRIPTION
LOT 1 OF LOT 1 OF THE SUBDIVISION
OF LOT 2 OF MINERAL LOT 237 AND
LOT 2 OF MINERAL LOT 238,
IN THE CITY OF DUBUQUE, IOWA.
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LOT 2
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$'
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58,500 SO, FT.
LOT 2-1-2
ML-237 ANO
LOT 2 ML-238
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GURVE DELTA RADIUS LENGTH CHORD 8EARING
C-) "'31'DD" 'D5.DB' 132.4D' 132.1<' N55'OB'1J"E
C-2 D5"2D'3'" 'D'.DB' 55.52' 5'.5D' N4512'25"E
50
100
,
SCALE IN FEET
BEARINGS AND DISTANCES SHOWN ALONG PLAT BOUNDARY ARE FROM PLAT OF SURVEY
RECORDED AT INST. NO. 3641-86 AND AGREE WITH ACTUAL MEASUREMENTS.
SURVEYED FOR: EUNICE NEWMAN
SURVEYED: 7-27-00
PROPRIETOR: JAMES E. NEWMAN
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UOEN" NO. "'0'
NY UCENS< RENEW" OAT< IS "/"I"'J
DRAWN SAF PLAT ND. "-IA-OO
CHECNED JMT PROJ. NO. 00707
DATE 7-27-00 SHEET' ot ,
0, 00 707 00707\DWG 00797-U
PACES" "EEIS CO","" BY "'IS SEAL
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@cityofdubuque.org
Michael C. Van Milligen, City Manager
City Hall - City Manager's Office
50 West 13th Street
Dubuque, IA 52001
October 29, 2004
RE:
University Avenue Extension/US Hwy. 20 Project
Dear Mike:
Enclosed are two resolutions authorizing the acquisition by eminent domain of real
property owned by Elm Real Estate, loC, (Iowa Glass) and by James E. Newman in
connection with the above project.
The acquisition of these properties is necessary for the construction of the University
Avenue Extension to Highway 20, The City Council has previously authorized the City
to enter into negotiations with the property owners for the voluntary acquisition of the
property, To date, efforts to acquire the property by voluntary acquisition have not been
successful. In order to complete the project in a timely manner, it is now necessary to
request the City Council authority to commence formal proceedings for the acquisition
of the property by eminent domain,
BAL:tls
Enclosure
cc;
Gus Psihoyos, Acting Public Works Director
James E. Graham, Graham Land Acquisition Associates
RESOLUTION NO.
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF
CERTAIN REAL PROPERTY OWNED BY
. ELM REAL ESTATE, loC. IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque .(City) intends to acquire certain real
property owned by Elm Real Estate, LC. (Owner), and the tenant interests thereon
of James Newman and Eunice Newman, both individually and both doing business
as Acme Glass and Auto Parts, as Eunice's Unique Tractors and as James
Insurance & Consultants (Tenants), legally described as follows (the Property):
ACQUISITION OF FEE SIMPLE TITLE AS TO LAND AS DESCRIBED ON EXHIBIT
A ATTACHED HERETO
AND
ACQUISITION OF TEMPORARY EASEMENT AS TO LAND AS DESCRIBED ON
EXHIBIT B ATTACHED HERETO
as shown on Exhibit C attached hereto for the purpose of the University
Avenue/Highway 20 Improvement Project;
AND WHEREAS, City has made a good faith effort to negotiate with the
Owner and Tenants to purchase the Property but has been unable to acquire the
property voluntarily;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOLLOWS:
1. The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this - day of
,2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EXHIBIT A
ACQUISITION OF FEE SIMPLE TITLE-
A part of Lot 2 of Newman Place and a part of Lots I and 2 of the Subdivision of Lot 2 of the Subdivision
of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision
of part of Lot 1 of the Subdivision ofMineraJ Lot 248, now in the City of Dubuque, Dubuque County,
Iowa, more particularly described as follows:
Begirming at the southeasterly corner of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of
the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Miner a] Lot 238 and the Subdivision of part of
Lot I of the Subdivision of Mineral Lot 248; thence South 82°01'41" West along the south line of said
Lot 2 and the presently established northerly right-of-way line of existing U.S. Highway No. 20 a distance
of20T25 feet; thence North 04°47'57" West, 48,63 feet; thence North 83°55'09" West, 87.59 feet;
thence North 68°55'15" West, 29.72 feet; thence North 20"40'29" East, 48.00 feet; thence North
43°38'03" East, 30.86 feet; thence South 83°55'09" East, 69.77 feet; thence North 05°05'28" West,
144.00 feet to the beginning of a 40.00 foot radius tangent curve concave southwesterly with a centra]
angle of 102°45'27"; thence Northwesterly, 71. 74 feet along said curve with a chord bearing North
56°28'11" West, 62.50 feet; thence South 72°09'05" West, 64.24 feet to the presently established
southeasterly right-of-way line of existing University Avenue and the northerly line of Lot I of the
Subdivision of Lot 2 of the Subdivision of Lot I of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2
of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248; thence
North 59°12'28" East along said southeasterly righi-of-way line and said northerly lot line 68.57 feet to
the northerly corner of said Lot I; thence North 58°48'36" East, 2684 feet along said southeasterly right-
of-way line and the northerly line of Lot 2 of Newman Place to the beginning of a 606.08 foot radius
tangent curve concave northwesterly with a central angle of 12°30'58"; thence Northeasterly, 132.40 feet
along said curve and said southeasterly right-of-way line with a chord bearing North 52°33 '07" East,
132.13 feet to the westerly corner of Lot 1 of Newman Place; thence South 38°17'36" East along the
southwesterly line of said Lot I a distance of27.60 feet; thence South 51'°15'23" West along said
southwesterly line 12.00 feet; thence South 38'44'37" East along said southwesterly line 49.60 feet to the
southerly corner of said Lot ]; thence North 5]oJ5'23" East along the southeasterly line of said Lot I a
distance of 84.89 feet to the easterly corner of said Lot I; thence North 38"53' J2" West along the
northeasterly line of said Lot I a distance of35.36 feet; thence North 54'01 '05" West along said
northeasterly line 49.27 feet to the northerly corner of said Lot I and said presently established
southeasterly right-of-way line of existing University Avenue; thence North 71 °22 '34" East along said
southeasterly right-of-way line and the northerly line of Lot 2 of said Newman Place 28.96 feet; thence
South 87°37'02" East along said northerly line 141.44 feet to the northeast corner of said Lot 2; thence
South 01 '35'57"East along the east line of said Lot 2 a distance of 80.90 feet; thence South 32°28'34"
West along said eastline 67.74 feet; thence South 06°26'09" West along said east line 165.78 feet; thence
.. South 33°33 '51" East along said east line 4.80 feet; thence South OJ~54'09" West along said eastline
10.43 feet to the southerly corner of said Lot 2 and the northeast corner of Lot 2 of the Subdivision of Lot
2 öfthe Subdivision of Lot I of the Subdivision of Lot 2 of Mineral Lot 237 and Lot TofMineral Lot 238
and the Subdivision of part of Lot I 6fthe Subdivision of Mineral Lot 248; thence'South 02°44'37" West
along the east line of said Lot 2 a distance of ¡¡5.n feet to the Point of Beginning containing 106,520
square feet more or less.
NOTE: The southerly line of Lot 2 of the Subdi'~sion of Lot 2 of the Subdj'~sjon of Lot I of the
Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot
I of the Subdjvision of Mineral Lot 248 IS assumed to bear South 82001 '41" West.
-r
EXHIBIT B
ACQUISITION OF TEMPORARY EASEMENT
- - - -- - .. -..- - -
A part of Lot 2 of Newman Place and a part of Lots I and 2 of the Subdivision of Lot 2 of the Subdivision
of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision
of part of Lot I of the Subdivision of Mineral Lot 248, now in the City of Dubuque, Dubuque County,
Iowa, more particularly descn"bed as follows:
Commencing at the southeasterly corner of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot I
of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part
of Lot 1 of the Subdivision of Mineral Lot 248; thence South 82001 '41" West along the south line of said
Lot 2 and the presently established northerJy right-of-way line of existing u.S. Highway No. 20 a distance
of 207.25 feet to the Point of Beginning; thence continuing South 8200 I' 41" West along said south jot
Ime and said norther]y right-of-way line 123.77 feet; thence North 07058'19" West, 87.] 6 feet; thence
North 20040'29" East, 58,00 feet; thence North 51046'08" East, 90.45 feet; thence North 05057'45" East,
104.12 feet; thence North 66048'23" West, 46.62 feet; thence South 72°09'05" West, 62.51 feet; thence
North 30054']3" West, 5,13 feet to the presently established southeasterly right-of-way line of existing
University Avenue and the northerly line of Lot 1 of the Subdivision of Lot 2 of the Subdivision of Lot 1
of the Subdivision of Lot 2 ofMinera1 Lot 237 and Lot 2 ofMinera1 Lot 238 and the Subdivision of part
of Lot I of the Subdivision ofMinera1 Lot 248; thence North 72009'05" East, 64.24 feet to the beginning
of a 40,00 foot radius tangent curve concave southwester]y with a central angle of 102045'27"; thence
Southeasterly, 71.74 feet along said curve with a chord bearing South 56°28'11" East, 62.50 feet; thence
South 05°05'28" East, 144.00 feet; thence North 83055'09" West, 69,77 feet; thence South 43038'03"
West, 30.86 feet; thence South 20040'29" West; 48.00 feet; thence South 68055'15" East, 29.72 feet;
thence South 83055'09" East, 87.59 feet; thence South 04°47'57"East, 48.63 feet to the Point of
Begirming containing 14,860 square feet more OT Jess.
NOTE: The souther1y line of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot I of the
Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot
I of the Subdivision of Mineral Lot 248 is assumed to bear South 82°01 '41" West.
EXHIBIT C
IOWA DEPARTMENT OF TRANSPORTATION
HIGHWAY DIVISION
PLOT PLAN
1/1
PARCEL NO.:
001
OWNER: ELM REAL ESTATE L.C.
SECTION: - T - -R-
SCALE:,"= 100'
LEGEND
W,D. OR """"NT U""
.lCctss POINT.
....
,/-
CITY
OF
DUBUQUE
N
I
r.
COUNTY:
DUBUOUE
PROJECT NO.:
STP-U-21 00(623)-- 70-31
""'Oi02\o.,_\O<\O<-"Too, .ow, (WOBR)
,...".~ ". 200< "'OS." ..m.
RESOLUTION NO.
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF
CERTAIN REAL PROPERTY OWNED BY
JAMES E. NEWMAN IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque (City) intends to acquire certain real
property owned by James E. Newman (Owner), and the tenant interests thereon of
James Newman and Eunice Newman, both individually and both doing business as
Acme Glass and Auto Parts, as Eunice's Unique Tractors, as James Insurance &
Consultants, and the tenant interest thereon of Eunice Newman doing business as
Eunice's Unique Flowers (Tenants), legally described as follows (the Property):
ACQUISITION OF FEE SIMPLE TITLE AS TO LAND AS DESCRIBED AS
FOLLOWS:
LOT 1 OF NEWMAN PLACE IN THE CITY OF DUBUQUE, IOWA
as shown on Exhibit A attached hereto for the purpose of the University
Avenue/Highway 20 Improvement Project;
AND WHEREAS, City has made a good faith effort to negotiate with the
Owner and Tenants to purchase the Property but has been unable to acquire the
property voluntarily;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOLLOWS:
1, The City Manager and the Corporation Counsel are hereby authorized to
commence proceedings for the acquisition of the Property by eminent domain.
Passed, approved and adopted this - day of
,2004,
Terrance M. Duggan, Mayor.
Attest:
Jeanne F. Schneider, City Clerk
EXHIBIT A
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DUBUDUE, 'OWA.
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PLA T OF SURVEY
NEWMAN PLACE, DUBUQUE. IOWA
Á:
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LEGEND
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DESCRIPTION
LOT 1 OF LOT 1 OF THE SUBDIVISION
OF LOT 2 OF MINERAL LOT 237 AND
LOT 2 OF MINERAL LOT 238,
IN THE CITY OF DUBUQUE, IOWA.
CURVE DELTA RADIUS LENGTH
C-J 12'31'00" 006.0B' 132.40'
C-2 05,0'00" OOO,OB' 56.52'
CHORO BEARING
132.14' N55'OB"'"E
56.50' N40"2'25"E
50
100
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BEARINGS AND DISTANCES SHOWN ALONG PLAT BOUNDARY ARE FROM PLAT OF SURVEY
RECORDED AT INST, NO. 3641-86 AND AGREE WITH ACTUAL MEASUREMENTS.
SCALE IN FEET
SURVEYED FOR: EUNICE NEWMAN
SURVEYED: 7-27-00
PROPRIETOR: JAMES E. NEWMAN
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