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Claim by Betty TiggesIN THE IOWA DISTRICT COURT IN AND FOR DUBUQUE COUNTY IOWA TIGGES, BETTY, Plaintiff- Appellant vs. City of Dubuque, Defendants. PETITION ON APPEAL FROM DAMAGE AWARD 01311 CVCV 09996 PETITION ON APPEAL FROM DAMAGE AWARD COMES NOW, Plaintiff by and through the undersigned attorney in support of Petition On Appeal From Damage Award hereby states the following: 1. On or about September 28, 2011, the Compensation Commission assessed damages from the condemnation, from which Plaintiff has appealed to this court as provided by law. 2. The Defendant took possession of the property immediately. 3. By taking the property, Defendant damages Plaintiff's premises in the sum of not Tess than $69,000. 4. That the damages are calculated based on the value before the taking Tess the value after the taking. 5. The potential damages include the future as well as the present damages since the award must be a full award of damages sustained. 6. The acquisition parcel is oddly shaped thus impacting the future development of the remainder of the site. Therefore, the functional taking is greater than the actual acquisition parcel of approximately 2.56 acres because the Plaintiff is unable to fully develop a portion of the property due to the irregularly shaped take. 7. The acquisition parcel is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. WHEREFORE, the Plaintiff requests an Order for costs, attorney fees, and ascertain and enter of record the amount of damages. 4f Original Filed Copy to: Clerk of City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 Don Vrotsos Dubuque County Sheriff 770 Iowa Street Dubuque, Iowa 52001 Respectfully Submitted, By: Nathan D. Runde #AT0o09759 of CLEMENS, WALTERS, CONLON & MEYER, L.L.P. 2080 Southpark Court Dubuque, IA 52003 Telephone: (563) 582 -2926 Facsimile: (563) 582 -2998 Email: nrunde @cwcmlaw.com ATTORNEY FOR PLAINTIFF - APPELLANT n 0 `C Q -v C — m Fn CERTIFICATE OF SERVICE The undersigned certifies that the PETITION ON APPEAL FROM DAMAGE AWARD was served upon all parties to the above cause at their respective addresses disclosed on the pleadings on the 8 day of November. By: xxxxx U.S. Mail Hand Delivered Courier • ���� Signature: Fax Overnight IOWA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT PLOT PLAN OWNER: BETTY JEAN SIEGERT TIGGES PARCEL NO.: 147 SECTION. 4 T 88 N -R 2 SCALE:? "= 400' CITY OF DUBUQUE E. W.O.OR EASEMENT LINE, ACCESS LOCATION POINT, PROPERTY LINE, LEGEND .j4 REVISED 12/13/10 North Cascade Rd ( 2003+25.4±11 LOT 2 LOT 2 -2 5E1,4 NW FRL 1 /4 15 +75.6 ±1t q40' Exist. R/W i/ 15 +0D LOT 1- 2- 1- 1 -1 -1 -2 W FRL 1: 2 NE1 ,4 LOT 2- 1- 1- 1 -1 -1 -2 W FRL 1 '2 NE1 '4 X60' LOT 1- 1- 1- 1 -1 -1 -2 14 +00 W FRL 1/2 NE1'4 70' — LOT 1 -2 5E1/4 12 +00 NW FRL 1/4 LOT 1 -1 NE1 ,4 551/4 2005 +00 X90' 2005+00 0' 2003 +25.4tQ X80' 2003 +25.4A TO' LOT 2 -1 NE1 /4 5W1/4 ■ 0' 1496 +80 ^. 70' ( 4 ) 1496 +40 �.. 1496 +30 c_70' \\ 1496 +30 70' 496 +40 70' EMPORARY EASEMENT 1499 +00 TO SHAPE `L70' 2008 +09.7t1� i90' 2008 +00 co' TEMPORARY EA9EMENT TO SHAPE, Tigges,Betty Jean Siegert 147 2 Tigges, Betty Jean Siegert AREA OF TEMP0RAR1 EASEMENT 6517 SQUARE FEET OR 0.15 ACRE COUNTY: DUBUOUE COUNTY PROJECT NO.: HDP-210016431- -71 -3]