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MidAmerican Energy Co. Land Condemn IDOT etc. 8' 11/111J~5' (!C; &a;v~ '/11/ (l1 --it;uA/Lt)<./ ~/ ~ t ' t . . , I' o. J In the Matter of the Condemnation of Certam Rights in Land by the Iowa Department of Transportation for the Improvement of Primary Road No. U.S. 20 NOTICE w !1 OJ '"--''' ,J in the City of Dubuque located in Dubuque County~ Iowa' Project No. BRF-20-9(158)--38-31 Group "D" TO: MIDAMERICAN ENERGY COMPANY, also known as, Mid-American Energy Company, c/o Paul J. Leighton, Registered Agent, 666 Grand Avenue, Des Moines, Iowa . .'~ity of Dubuque, Iowa, c/o City Clerk; 50 W. 13th Street, Dubuque, Iowa Dubuque County, Iowa, c/o County Auditor, 720 Central Avenue, Dubuque, Iowa and to all other persons, companies or corporations having any interest in or owning any of the following descnbed eal . estate: City Lots Nos. 585, 585A, 585B, 585C, Lot 1 ofciiYiot--S86and part of City Lot 584 ill the Town ofb1.lhuque, CitY" - of Dubuque, Dubuque County, Iowa You, and each of you, are hereby notified that the State of Iowa desires certam rights inland more specifically described as follows and shown with reference to their location as to land affected on the plats Exhibit" A" and Exhibit "Btf (Total Ownership Plat Only) attached hereto and to the Application filed with the Chief Judge of the Judicial District containing Dubuque County, Iowa, and in the Office of the Sheriff of Dubuque County, Iowa, to which you are referred: No rights of direct access will be permitted between Primary Road No. U.S. 20, including its ramps'and approaches thereto, and the condemnees' remaining property abutting thereon. The easement for highway purposes sought to be appropriated is in lartd described'as follows: Dubuque County Project No. BRF-20-9(158)--38-31 Mid-American Energy Company (parcellOOA) Continued on next page Page 1 , ~ j . ' . < . Dubuque County Project No. BRF-20-9(158)--38-31 Mid-American Energy Company (parcell OOA) Page 1 A parcel ofland located in the Northerly 55 feet of-City Lot 584 in the Town of Dubuque, City ofDubuqu, e, , Dubuqu, e County, Iowa according to the United States Commissioners' map of Survey as shown on Acquisition PlatE~Qii '''A" attached hereto and by reference made a part hereof Said parcel is described as follows: Commencing at the Southeast Comer of Lot 1 of City Lot 586 in said Town of Dubuque; thence South 06 degrees 40 minutes 28 seconds West, 76.38 feet along the Easterly line of City Lot 585 and said City Lot 584 to the point of beginning; thence continuing. South 06 degrees 40 minutes 28 seconds West, 11.47 feet; thence North 83 degrees 19 minutes 39 seconds West, 75.86 feet; thence North 88 degree's 04 minutes 17 seconds East, 76.72 feet to the point of beginning; containing 435 square feet. Note: The Easterly line of said City Lot 585 and said City Lot 584 is assumed to bear South Q6 degrees 40 minutes 28 seconds West for the purpose of this description. In connection with this condemnation proceeding, it is specifically provided that any and all improvements, including fences, if any, located wholly w:ithin the land sought by, easement for b,ighway purposes, are condemned in their entirety. . '< .,.,~}.;u" .' ;/;..: ,.". - ".r ..~., '. !,.. ~ . Dubuque CountyProje,ctNQ. BRF-20-9(158)""-38~31 Mid-American Enetgy Company (parcel100A) Page 2 <. i' c # . t IOWA DEPARTMENT OF ACQUISITION EXHIBIT TRANSPORTATION PLAT "A" COUNTY DUBUQUE PROJECT NO, BRF-20-9(158):'";'"38-31 SECTION 25 TOIYNSH1Fi 89N ROW-FEE SQ n EAS~ ,435 ACCESS RIGHTS ACQUIREO STA .STA ACCESS RIGHTS ACQUIRED ~ STA SiA STATE CONTROL NO. PARCEL NO. IOOA RANGE 2E 50 FT EXCESS-FEE MAIN LINE SIDE ROAD AC S DE S DE ACQUIRED FROM MiD-AMERiCAN eNERGY COMPANY ~.i -j' ."":"j 'J."':-; ..... i'- ~~ ..J_ ..J:It lU. lIlQ 1Il.., ;;;- ....... ..... CITY ...- lUlU ~E :;;=- ..in !3.; of~ Lor I-I Ct. ns lor ,., CL 515 ..... ..... ldt I Or et Ui ,....... $t t-. lOt I Cl," ......... ........ [OF ....... r ~~~~O~E:O ROW CI. Sist .ct. 5151, i. CL liS, ST'" 1528+90,9~ CI. S", ll. 25.00' RAMP A "'lJBuoUE CI. Sf,... '- c~ Oat. 4 I 32" 24' 35.35" RT T .. 4]4.8' l. . ......46 R . 1.4"Hii..a :: , , H 8aO O~' It. E . .. '" ". .... ~l.:.l~,.~ ~ st. ......... ......... ....... ~ ~ DODGE: STREET PR1HARY ROAD US 20 MAINLINE: i R e~ .0aU . t tO~ Qi' :i~.'t.. T l 1:50.3'1 L,i . 300.00. [It . 1.700.00 .. . :: ~ N t ",,,II"',,,,, I ...... \..~D ....,.', I ,...',('\ ......... ~I)) '" ~ <:.,'V';..' .... ~" ~ ?S :00' .... '-..L_~ S!:d lLAWRENCE A.\ ~-: = -J: BOYER : = ~ \ 9761 .: E -;. ..... ....., $ ~, *..-...............*d ........... "'" lOW /l.. ........... ""....",,\ t he...eby certify that this lonei sUl""veyino document was ~,...par.d tlnd tn. ,... f oted sur".y wcrk was pe,..for-mea" by tIW or under fff:J dj,...c+ per-.onel supervision Orid that. I 0 I)' I jcens~d LO~d ,Surveyor. under tne lOwS of e te 01 Iowa. . A IS 25.00' Lt OF RAMP A stA. IS28+~O.q~ B IS 13.SS' Lt OF RAMP A StA, 1528+811.22 C IS 25.00' LT OF AAHP A stA. 1528+1~,22 SCALE: ," - SO' I I I o 2S 50 . o LEGEND FOUND IRON PIPE PLACED REBAR WITH lOOT CAP I RECORD MEASUREMENT WHKS & CO. ENGtNEER$_~AHN(M_I.AHO tuft't(l'OI'tS LOWl'"'enee A. Bo~er- L t cense Hurrbel'" 91"& 1 1.4)' I I cense renewol dote is Oecerroer 31. 2004. Sheets cover-ad by thi 5 seal: t of 1 .70 CEHTRAL AVENUE 5&3-542.5.0181 DJ9UOUE. 1.\ 52001"'02'4 n^ no "0 ^ "'''._ 06/25/03 I" - l:::fV ". ,'; I , ' ~ .. IOWA DEPARTMENT OF TRANSPORTATION EXHIBIT "B" ~ COUNTY DUBUQUE PROJECT NO. BRF-20-9(158)--38-31 SECTION 25 TOWNSHIP 89N BORROW AC ACQUIRED FROM MID-AMERICAN ENERGY COMPANY PARCEL NO. RANGE IOOA 2E TOTAL OWNERSHIP PLAT ONLY CITY OF OUBUQUE7 lOW A N I- W W '0:: I- . (/) LL LL .::J ::...J. CD LOT I OF CITY LOT 586 .W z <r: -1 -1 -1 W (/) (/) CD CITY Un 585C . CITY LOT 585 CITY lOT 5858 CITY LOT 585A' _---/~~:I~t~T~,~~S SEE ct RAMP A --- - -- - I DUBLIN CIR. RD. ~ . PR I MD ROD NOa UaSa 20 .. , "CERTlFIED TRUE COpy " I Ilillll 111111 III 1111111111 11111 11111 1111111111 11111 II 11111111111111111111111111 Doc ID: 005165870006 Tvpe: ~EN Recorded: 05/19/2005 at 11:22.08 AM , Fee Amt: $32.00 Page 1 of 6 Revenue Tax: $0.00 Dubuque County Iowa Kathv Flvnn Thurlow Recorder Flle2005-00007725j, i v' f-' Preparedby: Lamie Brown 515-239-1813 ! or Barb Faust SpaIks 515-239-1029. Rigbt ofWay-COndemnalion, 800 Lincoln Way. Ames, IA 50010 In the Matter of the Condemnation of Certain Rights in Land by the Iowa Department of Transportation for the Improvement of Primary Road No. U.S. 20 in the City of Dubuque located in Dubuque County, Iowa Condemnation 1188 APPLICATION TO THE cmEF JUDGE OF THE 1st JUDICIAL DISTRICT FOR THE APPOINTMENT OF A COMMISSION TO APPRAISE DAMAGES Project No. BRF-20-9(158)--38-31 Group "D" TO: Alan Pea~son, Chief Judge, Ist J~dicial District including Dubuque County, Iowl:l. Comes now the Iowa Department of Transportation and states that th~ public interest requires that certain rights be acquired in Non-Agricultural land by Condemnation proceedings. The Iowa Department of Transportation, acting on behalfoftbe State of Iowa and/or its political subdivisions, has not been able to ~ecure rights in lands by purchase and conveyance for the improvement of roads and streets. In accordance with Sec. ~B.2A, 6B.2B and 6B.3, the Code ofIowl:l., as amended by H.F. 476, the following is set forth: Description: The lands and/or property rights sought to be condemned or affected are described on the attached Notice of Condemnation which is made a part of this Application.PIat: The location of the right of way or other property rights sought to be co:ndemned or affected are shown on the plates) attached to and a part of the attached Notice of Condemnation. Minimum Land Needs: The minimum amount of land necessary to achieve the public purpose is as described in and shown on the Notice of Condemnation and attached plates). Names and Addresses: The names and addresses of the record owners, lienholders, encumbrancers and other personS affected by this proceeding are listed on the attached Notice of Condemnation. Purpose: . The Department of Transportation desires the rights specified in the lands sought to- be .condemned for the improvement and/or maintenance of roads and streets within the State of Iowa. Statement of Individual Rights: The Iowa Departnient of Transportation has provided the owner(s) with a statement of their individual rights and written notification as required under Sec. 6B.2A Good Faith Negotiations: The Applicant has made an effort to negotiate in good faith with the owner(s) to acquire the property sought to be condemned. These efforts include: 1. Provided the owner(s) with written notification at least 30 days prior to the intent to proceed with this public improvement. 2. Provided the owner( s) with a copy of the appraisal of the property sought. 3. Discussed the basis of determining value. 4. Reviewed the project design plans. 5. Discussed the contents of the acquisition contract. 6. Addressed owner's questions and concerns. 7. Provided the owner( s) with a written offer of the fair market value. Based on these efforts, we were unable to reach an agreement. ~ ,?;~ - .1 J. . Agricultural Land: A part of the lands sought to be appropriated may be classified as Class I or Class II within an agricultural area and, if so classified, is reasonably necessary for this internal improvement. Request: NOW, THEREFORE, the Iowa Department of Transportation hereby requests the appointment of a compensation commission of six qualified persons to view the premises and appraise the damages which the oWners, li~nholders, encumbrancers and other persons affected will sustain by reason of this Condemnation. Dated at Ames, Iowa, this 3rd day of May, 2005. IOWA DEPARTMENT OF TRANSPORTATION MARK J. SCHOUTEN Special Assistant Attorney General and General Couns~l to the Iowa DOT By . ~A"~ LJ~u~1 Robert ahlgren Condemnation Unit Coordinator Office of Right of Way Filed in my office at 'J)l.fL t.I<;u.p , low . s Clay of MOLY ~ Mm~~A~ Chief Judge of the st Judicial District including Dubuque ounty, Iowa. . 20 CJS I certify that this Application for Condemnation has been approved by the Chief Judge. r 1 ~d- OaPfJUJt.J {h~L .1aJ.5 Condemnation Unit Coordinator . . ~-<s ( l..tJ . In the Matter of the Condemnation of Certain Rights in Land by the Iowa Department of Transportation for the Improvement of Primary Road No. U.S. 20 in the City of Dubuque located in Dubuque County, Iowa Project No. BRF-20-9(158)--38-31 Group "D" Condemnation '188 SELECTION AND APPOINTMENT OF COMPENSATION COMMISSIONERS BY THE CillEF JUDGE OF THE 1st JUDICIAL DISTRICT An Application and Notice of Condemnation having been filed with me by the Iowa Department of Transportation for the selection and appointment, by lot, of six suitable persons as the law provides to act as a compensation commission to assess and appraise the damages sustained by reason of the condemnation of certain specified rights in certain land described by Applicant, in the Notice of Condemnation filed in the above-entitled matter, I hereby DESIGNATE, SELECT AND APPOINT as the members of said compensation commission required in this . matter the following persons: NAME Carol Rudan ADDRESS 4029 Pennsylvania Ave, 'I Dubuque, IA 52002-2240 QUALIFICATIONS James Cosley 2580 Green St. Dubuque, IA 52001 Licensed Real Estate Salesperson or Broker Licensed Real Estate Salesperson or Broker Dan Buelow 17120 Middle Rd. Dubuque, IA 52002 2095 University Dubuque, IA 52001 2966 Shiras Dubuque, IA 52001 Knowledgeable of Property Values by Virtue of Occupation Knowledgeable of Property Values by Virtue of Occupation Non-Agricultural Dorothy Culbertson Walter Pregler Patricia Furuseth 2165 N. Grandview Dubuque, IA 52001 Non-Agricultural I further designate, select and appoint the above-named Chairperson of said commission. ('~r() 1 Rnn;:m to act as To the Sheriff of Dubuque County, Iowa: Attaehe. hereto please find a duplicate of the Application for Condemnation in the above-entitled matter. ( Dated at "J)..J. ~ '" ~ ' IO~ q day of 2f1OS. Alan P on €f Chief Judge of the 1st I dicial District including Dubuque Co ty, Iowa Filed in my office at Dubuque, Iowa, this day of ,20_. Kenneth A. Runde Sheriff of Dubuque County, Iowa In the Matter of the Condemnation of Certain Rights in Land by the Iowa Department of Transportation for the Improvement of Primary Road No. U.S. 20 in the City of Dubuque located in Dubuque County, Iowa Project No. BRF-20-9(158)-38-31 Group "D" Condetmation 1188 SUPPLEMENTARY ORDER APPOINTING ALTERNATE COMPENSATION COMMISSIONERS An Application and Notice of Condemnation having been filed with me by the Iowa Department of Transportation, entitled as above, for the selection and appointment, by lot, of a duly-constituted compensation commissio11, and said selection and appointment of up to five alternate commissioners, having been made by me, I further DESIGNATE, SELECT and APPOINT the following persons to serve as alternate members of said compensation commission, in the event that any of the said members having the same qualifications are unable to serve for any reason. NAME ADDRESS QUALIFICATIONS 1. Herbert Bisping 1287 Madera, Dubuque, IA Licensed Real Estate 2. Nick Goodman 9603 Maquoketa Dr., Dubuque, IA Salesperson or 3. Jane O'Neill 1006 Dunham Dr., Dubuque, IA Broker 4. Gerald Bakey 1512 Southern Ave., Dubuque, IA 5. Bruce Heitz 2500 Broadway, Dubuque, IA 1. Rogene Faulkner-Wright 750 Brookview Sq., Dubuque, IA Knowledgeable of 2. Paul Gisch 235 Fremont, Dubuque, IA Property Values 3. Thomas Reilly 951 Oxford st., Dubuque, IA by Virtue of 4. Joe Daly 14107 Holy Cross Rd., Farley, IA Occupation 5. Marv Randsdell 583 W. 7th St. Dubuaue, IA 1. Diane Hentges 2866 Brueck Rd., Dubuque, IA Non-Agricultural 2. Janet Willenbring 324 1st Ave., W., Dyersville, IA 3. Sherry Horsfield 20232 Pleasant Grove Rd., Peosta, IA 4. Agnese Hayes 206 Harrison SE, Cascade, IA 5. The Sheriff of Dubuque County, Iowa, shall, upon being informed of a vacancy in the compensation commission, notify an alternate member appointed having the S[~qUalifiS' ons as the person unable to serve in the same manner as the original commissioners were notified. DatedaJ;.'I)<t"I"V? ~tlUS ~ /l-ky ,20~ /, . _V:::- ~ Alan Pearson / -- Chief Judge of the l~t Judicial District including Dubuque ~ounty, Iowa. Filed in my office at Dubuque, Iowa, this day of ,20_. Kenneth A. Runde Sheriff of Dubuque County, Iowa That such condemnation is sought for the improvement and/or maintenance of roads and streets in the State of Iowa in the matter prescribed in Chapters 28E, 306, 306A, 306B, 306C, 313, 6A, and 6B of the Code ofIowa and all amendments thereto. That a commission for the purpose of appraiSing and awarding damages which will be caused by said appropriation and condemnation has been selected and appointed. You are further notified that the Commissioners will report to the Sheriffs Office in Dubuque, Iowa, at 9:30 a.m. on the 17th day of August, 2005, and will view your property at approximately 10:00 a.m. on the same day. They will then return to the Sheriffs Office atid proceed to appraise said damages. You may participate in these proceedings if you care to do so. IOWA DEPARTMENT OF TRANSPORTATION MARK J. SCHOUTEN Sp~ial Assistant Attorney General and Ge~ Counsel to)Qf Iowa DOT 1 By I~ tJa-U'JU"--" Robert Dahlgren r Condemnation Unit Coordinator Office of Right of Way Iowa Department of Transportation Ames, Iowa 50010 ACCEPTANCE OF SERVICE I accept service of the above notice, I acknowledge receipt of a copy and I waive time of service and any requirements that such notice be published in a newspaper. Dated at . this day of ,20_. STATE OF IOWA COUNTY OF ) ) ss: ) Received the within notice the _ day of , 20-, and I hereby certify that I have served to each person .named below by delivering a true copy of the same to each person at the time and place set opposite their respect1ve names: NAME DATE CITY OR TOWN COUNTY STATE FEES: Service $ Mileage $ TOTAL $ Sheriff of County, Iowa