IDOT Notice condemnation re: US Hwy 20
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In the Matter of the Condemnation of
Certaill Rights in Land
by the Iowa Department of Transportation
for the Improvement of
Primary Road No. U.S. 20
NOTICE
III
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in the City of Dubuque
located in Dubuque C6unty~ Iowa.
Project No. BRF-20-9(158)--38-31
Group liD"
TO:
MIDAMERICAN ENERGY COMPANY, also known as, Mid-American Energy Company, c/o Paul J.
Leighto~ Registered Agent, 666 Grand Avenue, Des Moines, Iowa .
.'----City of Dubuque, Iowa, c/o City Clerk; 50 W. 13th Street, Dubuque, Iowa
Dubuque County, Iowa, c/o County Auditor, 720 Central Avellue, Dubuque, Iowa
and to all other persons, companies or corporations having any interest in or owning any of the following described eal
estate:
City Lots N~s. 585, 585A, 585B, 585C, Lot 1 ofciiYLot586and part of City Lot 584 ill the Town ofbUhuque, CitY' .
of Dubuque, Dubuque County, Iowa
You, and each of you, are hereby notified that the State of Iowa desires certain rights in land more specifically
described as follows and shown with reference to their location as to land affected on the plats Exhibit "A" and Exhibit
liB" (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 condernnees' remaining property abutting thereon.
The easement for highway purposes sought to be appropriated is in land described as follows:
Dubuque County Project No. BRF-20-9(158)--38-31
:Mid-American Energy Company (parcell00A)
Continued on next page
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Dubuque County Project No. BRF-20-9(158)--38-31
Mid-American Energy Company (parcellOOA)
Page 1
A parcel ofland located in the Northerly 55 feet of-City Lot 584 in the Town of Dubuque, City ofDubuque~l)ul?uque
County, Iowa according to the United States Commissioners' map of Survey as shown on AcquisitionPlatExln"Qit"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 584to 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 degrees 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 06 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 wJ.thin the land s01,lght by easement for h.ighway purposes, are condemned in their
enmety. .,
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Dubuque County Proje.ctNQ. BRF-20-9(158)-'-38-:31
Mid-American Energy Company (parcell OOA)
Page 2
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IOWA
DEPARTMENT OF
ACQUISITION
EXHIBIT
TRANSPORTATION
PLAT
"A"
COUNTY DUBUQUE
PROJECT NO. BRF-20-9(158l~-:38-31
SECT I ON 25 TOIYN5H I r:;
ROW-FEE SQ FT EAS~
ACCESS RIGHTS ACQUIRED - STA
ACCESS RIGHTS ACQUIRED ~ STA
STATE CONTROL NO.
PARCEL NO. IOOA
RANGE 2E
sa FT EXCESS-FEE
MAIN LINE
SIDE ROAD
89N
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ACQUIRED FROM
MiO-AMERICAH eNERGY COMPANY.
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r hereby certify 'tnot thi~ lone! surveyino dOCut'l'ent WO$
p,.e~or.d and tn. re J o.,.ed survey WOl"'k was ~erTorrna(f'
by tl"8 Or" unde,. tTr:J direct pe,...onol supervision ond thet'.
lot'1 licensed L o~d ,SurveyOr:' under the lOWS of
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A IS 25.00' L t OF RAMi' A StA. 1528+QO.1I4
B IS 13.SS' Lt 6r: RAMP... Sf.... 152/1+811.22
C IS 25.00' Lt a~ RAMP... st.... 1528+14.22
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LEGEND
FOUNa IRON PIPE
Pl ACED REBAR
WITH lOOT CAP
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Lawrence A. Bo;rer-
LI e.n.. Nu<rt>... 9761
My Ilcen!i8 renewel dote i's OecetrOer 31. 2004.
Sheets coverea by this seol: 1 of 1
ENCifNEERS_M..AHrCE:fItS_LAHO SUftV[TOIItS
470 C~HmAl AVENUE 5&3.5a2-S~81
DJ9UOUE. IA 52001.702-.(
06/25/03
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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':'AMER1CAN ENERGY COMPANY
PARCEL NO.
RANGE
IOOA
2E
TOTAL OWNERSHIP PLAT ONLY
CITY OF OUBUQUE7 IOWA
C ITr lOT
585C
CITY LOT
585
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Doc ID: 005165870006 Type: ~EN
Recorded: 05/19/2005 at 11:22.08 AM .
Fee Amt: $32.00 Page 1 of 6
Revenue Tax: $0.00
Dubuque Couhty Iowa
Kathy Flynn Thurlow Recorder
Flle2005-00007725j.
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Prepared by: Laurie Brown 515-239-1813/ or Barb Faust SpaIb 515-239-1029. Right ofWay-Cimdemnation, 800 Uncoln Way,Ames, lA 500lD
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 ClDEF 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 Pe~son, Chief Judge, 1st Judicial District including Dubuque County, Iowa
Comes now the Iowa Department of Transportation and states that the public interest requires that certain
rights be acquired in Non-Agricultural land by Condemnation proceedings. The Iowa Department of
Transportation, acting on behalfofthe State of Iowa and/or its political subdivisions, has not been able to secure
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 of Iowa, 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 condemned 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 Departrtient 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 vallie.
Based on these efforts, we were unable to reach an agreement.
___\2:7 -
.f. 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.
lOWADEPARTMENT OF TRANSPORTATION
MARK J. SCHOUTEN
Special Assistant Attorney General
and General Coun~l to the Iowa DOT
By . ~,{j- LJ#~UJ .~
Robert ahlgren -
Condemnation Unit Coordinator
Office of Right of Way
Filed in my office at ~L "'~? , low . s of NLD<..'I
V Abn~~(~~~
Chief Judge of the\tst Judicial District
including DubuquCcounty, Iowa.
, 20 CJ-S:
I certify that this Application for Condemnation has been approved by the Chief Judge.
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Condemnation Unit Coordinator . . ~-<s I <.t, .
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"
CondeImation 1188
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 Permsylvania Ave, 11
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.
('.rlrn 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)~ ~'" ~ ' IO?;;" ~ day of 1d>S.
Alan P on 7.
Chief Judge of the 1st Jpdicial District
including Dubuque CoUnty, 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"
Condemnation 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 commissioJl, 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. Mary 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,
notilY an alternate member appointed having the ~~tions as the person unable to serve in the same manner as
the original commissioners were notified. . \
DatOO at~~b? ""- ~~~-+=Z ,o~y , 20 ~
Alan Pearson / .-
Chief Judge of the 1st Judicial District
including Dubuque County, 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 and proceed to appraise said damages. You may participate in these proceedings if you care
to do so.
IOWA DEPARTMENT OF TRANSPORTA nON
MARK J. SCHOUTEN
Sp~ial Assistant Attorney General
and Ge~ Counsel to}kr Iowa DOT 1
By I~ LJalI')U~
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
respectIve names:
NAME DATE CI1Y OR TOWN COUNTY STATE
FEES:
Service $
Mileage $
TOTAL $
Sheriff of
County, Iowa