Eminent Domain Proceedings - Properties on E 4th St
,. ...
.
.
.
.
.
RESOLUTION NO. ~-99
Whereas, the City of Dubuque has been negotiating with the owners of record for the
acquisition of the property shown as Lot 2 on the attached map entitled Exhibit "A" necessary for
the Riverwalk project; and
Whereas, the City of Dubuque has not been successful after reasonable attempts in its
efforts to negotiate a sale and purchase price for the required property; and
Whereas, the City of Dubuque finds and determines that eminent domain proceedings
should be instituted to acquire the needed property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That eminent domain proceedings be instituted forthwith by the City of
Dubuque, Iowa for acquisition ofthe real property shown as Lot 2 on Exhibit "A" and that the
Corporation Counsel be directed to institute said eminent domain proceedings forthwith for and
on behalf of the City of Dubuque, Iowa.
Section 2. That the Corporation Counsel be and is hereby directed and empowered to do
any and all things necessary and incidental to said eminent domain proceedings.
Passed, approved and adopted this 1st day of February
/1;) d
-{/bt...~./(~.
TERRANCE M. DU
--..---.
Attest:
7J~/1 ~
Mary A. Wavis, City Clerk
C'
..
f! (). ~4-~~
d ,< -c/f
'/\ 'eobnQna
eomo S ;;-\lB() ~o
f, '1 ~z ~\d S Z H~r 56
03/\\3838
, ,-
.
.
.
'.
.~;;'<.
'- !'-
'. ~:.
~*.
~~~
~T'~~'
f;:.:;:'
~.r::,
-7 .
PREPARED BY:
IIW ENCINEERS & SURVEYORS P.C.
"l~:> PENNSYLVANIA AV(.
DUBUouE. IOWA.
EXHIBIT A
J19.~~6.2"64
PLAT OF SURVEY
lOTS 1 AND 2 OF RIVERWALK 2nd ADDIT10N
IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION:
All OF THAT UNPLAmD LAND LYING EAST OF THE EASTERLY LOT LINES OF PART OF LOT 3, PART OF LOT 4, LOTS 5, 6, 7, 8, 9, AND 10
IN BLOCK 3, AND LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, AND 10 IN BLOCK 4 OF DUBUQUE HARBOR IMPROVEMENT COMPANYS ADDITION TO THE CITY
OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF INCLUDING THE CONTINUATION OF SAID EASTERLY LOT LINES BETWEEN LOT
10 OF BLOCK 3 AND LOT 1 OF BLOCK 4, ffiAVERSlNG PINE SffiEET (VACATED), TO THE MISSISSIPPI RIVER, WHICH UNPLAmD AREA EXTENDS
FROM THE SOUTHERLY SffiEET LINE OF EAST FOURTH SffiEET EXTENSION PROJECTED TO THE SAID RIVER AND TO THE NORTHERLY SffiEET
LINE OF WALL SffiEET PROJECTED TO THE SAID RIVER, (BOOK 195TL, PAGE 506)
POINT Of
BEGINNING
/
/
I... /
~ /
Q:-~ /
",I... ....<v<:)'(
v.,. """
-4'<' S,o/"""
'--/'. r" 1'/tJ -1t~"""
/ """ -1 C' ~
/ "",,-11'('~1'
/ """ 0)
"",,-S
/ 0'
/ ~
/
~
1.
v
o
"
o
~
V
\
~
o
<<-
~
~
o
I...
1-
v
o
"
o
t
v
,
~
o
"
(
o
oS> /'
<
o 0
...y ..... C' .or 0
C'
..,
"""
" """ """
/
~
-<>
"""
~
(.
of'
.., -<>
o 't-
0,/ ~ (
/'..... -1-
o
-v
"""
'"
Go
-v
'"
( (
.., ..,
-v /'
o /'
of'
o
\
"""
"
\\1,"1111111""
,,,,,,""'\\,OW..q"tt,,,,,
/*_.-.....::~'~...........;..\
; = TRA.Nw(R -: ~
~ ':. ~ lS 1263' ~;; ~
\;;:;...............-<?l
''''''''? l A H 0 ~\..\..,..
"""111111\\\\\
I HEREBY CERnn THAT THE SURVEY WAS DON( AND THIS PlAT WAS
MADE BY WE OR UNDER lolV DIRECT PERSONAL SVPER,^SION. THAT
All MONUMENTS Yl'(R( PlAC(O OR SHALL BE PLACED WITHIN ONE YEAR
fROIol THE DArt THIS PLAT IS RECORDED, AND THAT I AU A DVLY
llC(NS(D LAND SvRV(YOR UND(R THe LAWS or THE STAT[ or IOWA.
fOR lIW ENGINEERS AND SURVEYORS. P.C.
~
JOHN Irot. TRANM[R
UCENSE NO. 12631
OATE
UY lICEN$( RENEWAL OAT[ IS 12-31-98
o 60
~ ~
SCAlE: 1--60'
PACES COVERED BY THIS CERTlnCA nON
U-V,<>
, ., r
T C 0
-1 '.... D
3:
II)
<<-
~
~
......
Q:-
......
q,
q,
......
'"
'"
......
'"
'"
......
~
LEGEND
PROPERTY LINE
. rOUND IRON ROD wI CAP NO. 12631
. rOUND I" IRON PIPE
o S[ T 5/6" IRON ROO W/ CAP NO. 12631
o S( T HAt\... wI WASHER NO. 12631
t8J rOUND P.I(. N....lt
RECORD DlIolEN5.QN
R.O W RIGHl-Of-WAY
OHIO., DuBUQU[ H....RBOR II.lPROV(I.l[NT
COIolPANY'S ....DOlTlON
TOTAL ACRES SURVEYED: 3.794 ACRES
PROPRIETOR: THE ASPERMONT COMPANY
II V' ENGINEERS AND
'II SURVEYORS P.C.
10..0. lllinois. Wiscons."
4155 Penns)'Ivonio Ave.
Dubuque. IA 52002
319.556.2464
Cuttenber9. IA Calena. Il . HOlel Cr~.n.
DRAWN 5LH PLAY NO. 84-IA-Sl8
CHECK[D ..IMt PROJ. NO.98oo6-10
DATE 28 OCT 98 SHEET 1 of 5
0; \96\D06-10\SUR\SDSK\006-10l20WC
.
~
....:>.'-..,~
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 28, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
Riverwalk Land Acquisition
.
The City is negotiating to acquire land along and near the floodwall to develop the
Riverwalk and Amphitheater. The property is located directly north of the property
that was recently purchased from the Fischer Companies. The property is owned
by Aspermont Company.
Assistant City Attorney James O'Brien recommends that eminent domain
proceedings begin to acquire the property. As the proceedings progress, the City
will continue to attempt to reach a negotiated settlement for the property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~ ,'\ ,
1\ l \\ '!/ /11 \ill'
/ t.) \;, I,' I
I .~/ 1{1:.- f,"}ll / 1\; ~
Michael C. Van Milligen
MCVM/j
Attachment
.
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
1im O'Brien, Assistant City Attorney
Jim Burke, Community and Economic Development Director
\1\ 'enbnqna
GOma S ,>118\0 N\D
t" :2 Wd BZ N~f 66
03^1'383tJ
.
.
.
..
.. .
..
CITY OF DUBUQUE
MEMORANDUM
TO:
Michael C. Van Milligan, City Manager
/.....' ,,))
/ {!I'/ /
,:- ; \.l::.>"
.
FROM:
James A. O'Brien, Assistant City Attorney
DATE:
January 28, 1999
"
SUBJECT: Riverwalk Land Acquisition
INTRODUCTION
The attached Resolution provides for the acquisition of2.705 acres ofland for the Riverwalk Project
in front of the Dubuque Star Brewery.
BACKGROUND
As with the Fischer Company, the City is attempting to acquire land on the flood wall for continuation
of the Riverwalk Project. The property described as Lot 2 on Exhibit A attached to the Resolution is
land immediately north of the Riverwalk property acquired from the Fischer Company, running
between the Fischer Company property and the extension of Fourth (4th) Street. The plans for the
Riverwalk in this area include land for an amphitheather immediately east of and in front of the
brewery building.
The ownership of the property is somewhat complicated in that the fee ownership is in Aspermont
Company. Aspermont Company has leased the property to American Grain and Related Industries
(AGRI). AGRI has subleased a portion of the property to Krompton & Knowles Corporation. There
is also a sublease to The Brewery, a Wisconsin general partnership for the brewery building. In
addition, we are aware of two substantial mechanic's liens filed against the property, one by RE
Lewis Refrigeration and the other by Best Electric. City staff has made reasonable attempts to discuss
voluntary purchase with the principal parties having ownership interests based upon a fair market
appraisal of the properties involved. However, we have not been successful in those efforts and have
essentially been told by the parties that it may be best to commence eminent domain proceedings to
resolve various ownership disputes. City staff respectfully requests that the City Council authorize
the Corporation Counsel to institute eminent domain proceedings to acquire the property in question.
BUDGET IMPACT
The anticipated acquisition cost based upon the market appraisal are included in the budget for the
Riverwalk project.
ACTION TO BE TAKEN
The City Council is asked to adopt the attached Resolution authorizing eminent domain proceedings
to acquire the needed property.