Southwest Arterial ROW Property AcquisitionMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
band
AI -America City
11111r
2007 • 2012 • 2013
SUBJECT: Southwest Arterial Project - Parcel 195A, 195B
Right -of -Way Property Acquisition
Establishing Fair Market Value and Authorizing Commencement of
Eminent Domain Proceedings, if Necessary
DATE: July 15, 2014
Assistant City Engineering Bob Schiesl recommends City Council adoption of a
resolution establishing the Just Compensation Valuation (Fair Market Value) for two
parcels to be acquired for necessary right-of-way property for the Southwest Arterial
Project. The value is based on the certified Acquisition Appraisal and Review Appraisal
reports. The resolution also authorizes staff to begin good faith negotiations with each
identified property owner, and if a settlement cannot be reached through good faith
negotiations, authorizes staff to proceed with eminent domain proceedings for the
acquisition of the property for the Southwest Arterial Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bd-t44 ,,,,,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Robert Schiesl, Assistant City Engineer
Gus Psihoyos, City Engineer
THE CITY OF
DIIbu
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
Dubuque
bitetri
All -America City
1 r
2007 • 2012 • 2013
SUBJECT: Southwest Arterial Project - Parcel 195A, 195B
Right -of -Way Property Acquisition
Establishing Fair Market Value and authorizing commencement of
eminent domain proceedings, if necessary
DATE: July 16, 2014
INTRODUCTION
The purpose of this memorandum is to provide the City Council with information
regarding the Just Compensation Valuation (Fair Market Value) of necessary right-of-
way property for the Southwest Arterial Project.
BACKGROUND
In April 2009 the City requested both Iowa DOT and FHWA approval and authorization
to proceed with right-of-way property acquisition for the Southwest Arterial Project. On
September 10, 2009, the City received official notification that the FHWA had given
approval and authorization to proceed with right-of-way acquisition.
By previous action, the City Council has, after a public hearing, approved the final
location and alignment of the Southwest Arterial Project. The next step is to proceed
with the process of right-of-way acquisition of those impacted properties through good
faith negotiations and eminent domain, if negotiations are unsuccessful.
PROPERTY ACQUISITION STATUS
On March 27, 2014, the City received official approval from FHWA for clearance on the
NEPA Re -Evaluation process and authorized work to resume on the project, which
includes proceeding with right-of-way property acquisition.
The City is currently proceeding with right-of-way property acquisition for the remaining
26 of the 52 impacted properties (50% complete). As of July 2014, the City has
purchased 26 properties for a total purchase expenditure in the amount of $5.9 million
to -date.
The City is ready to begin the acquisition process as soon as the Public Hearing is held
for those respective properties. Those properties are identified as follows:
Parcel I.D.
Property Owner
195A
O'Rourke Farms, LLC
195B
O'Rourke Farms, LLC
The attached aerial photo corridor map of the Southwest Arterial / US 61-151
interchange provides additional detail and delineates those properties that will be
impacted by the project.
CERTIFIED APPRAISAL PROCESS
On April 6, 2009, the City Council approved the selection of Iowa Appraisal and
Research Corporation and Peoples Company of Iowa to provide real estate property
Appraisal Services for the acquisition of right-of-way for the Southwest Arterial project.
Per Federal Code, the City is required to have two (2) independent appraisal valuations
for each property to be acquired. Iowa Appraisal and Research Corporation is
responsible for completing independent Acquisition Appraisal services. Separately,
Peoples Company of Iowa is responsible for completing independent Review Appraisal
services. Both appraisal firms are on the Iowa DOT's list of pre -qualified certified
appraisers.
Both the Acquisition and Review appraisal agents are responsible for preparing,
signing, and furnishing to the City a separate, written acquisition appraisal report for
each property to be acquired following generally accepted standards of professional
appraisal principles and techniques in accordance and compliance with the following:
• State of Iowa law.
• Iowa Department of Transportation's "Appraisal Policy & Procedures Manual".
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 as amended, in accordance with Part 24 of Title 49 of the Code of Federal
Regulations.
• Jurisdictional Exception Rule and Supplemental Standards contained in the
Uniform Standards of Professional Appraisal Practice (USPAP).
• Completed in a manner consistent with the appraisal assignment as specified in
the Iowa Department of Transportation's "Appraisal Operational Manual"
• Appraisal firm, agent(s) or employee(s) shall have no vested interest, direct or
indirect, in the real property being appraised for acquisition.
JUST COMPENSATION VALUATION
Both Iowa Appraisal and Research Corporation and Peoples Company of Iowa have
completed their appraisal reports and established the certified Just Compensation
Valuation (Fair Market Value) for each property to be acquired. Those properties are
identified as follows:
Parcel I.D.
Number
Property Owner
Zoning
Land Use
Just Compensation
Value
195A/ 195B
O'Rourke Farms, LLC
Residential /
Conservancy
Agricultural
g
$1,067 115
'
The Just Compensation Valuation (Fair Market Value) was developed by analyzing
current real estate market conditions along with sales of similar properties believed to
be a reliable indication of value for the subject property. The appraisal report reconciled
a before valuation of $13,700 per acre for the O'Rourke property which included an
upward adjustment for access to City utility services (water & sanitary sewer) which will
be installed immediately adjacent and through the property.
Parcel I.D.
Number
Allocation
Area
$ / Acre
Value
195A/195B
Land to be Acquired
46.94 Acres
$ 13,700
$ 643,078
Temporary Easement
0.53 Acres
$ 3,288
1,743
Permanent Easement
0.57 Acres
$ 6,850
3,905
Severance Damage to Remaining Property
434,922
Less - Previously Purchased Airport Utility Easements
- 16,533
Total - Just Compensation Valuation
$1,067,115
The appraisal report also includes a valuation for severance damage based on the
diminished value of the remaining property (approx. 362 acres) following the acquisition
based on the irregular shape of the remainder.
The appraisal concludes that after the City's purchase, that the remainder of the farm,
south and west of Olde Davenport Road will be divided into two parts, creating different
and irregular shapes, possibly causing farming practices and operations to vary from
current use, creating more difficult areas to farm, maintain and perhaps limiting the type
of farm machinery used. The appraisal report reconciled a reduced after valuation of
$12,500 per acre for the O'Rourke property. The appraisal concludes that the City's
purchase causes a diminishment in value that is greater than just the amount paid for
the land to be acquired, which results in the severance damage compensation value.
RECOMMENDATION
I recommend that the City Council establish the Just Compensation Valuation (Fair
Market Value) for each identified property to be the values as set out above, based on
the certified Acquisition Appraisal and Review Appraisal reports. I also recommend that
the City Council authorize staff to begin good faith negotiations with each identified
property owner and if a settlement cannot be reached through good faith negotiations,
commence eminent domain proceedings.
FUNDING SUMMARY
The current estimate of probable cost for the right-of-way property acquisition for
Parcel(s) 195A / 195B for the Southwest Arterial project is as follows:
Description
Estimated Cost
Right -of -Way Property Acquisition (Parcel 195A / 195B)
$ 1,067,115
Contingency & Incidental Costs (10%)
106710
Project Cost Estimate
$ 1,173,825
The anticipated project funding is summarized as follows:
Fund Description
Fund Amount
Federal SAFETEA-LU Funding (80%)
HDP -2100 (679)---71-31
$ 939,061
City - Local Funding (10%)
117,382
County - Local Funding (10%)
117,382
Project Funding
$ 1,173,825
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution which establishes and
sets the Just Compensation Valuation (Fair Market Value) for each identified property to
be acquired based on the certified Acquisition Appraisal and Review Appraisal reports.
The resolution also authorizes staff to begin good faith negotiations with each identified
property owner and if a settlement cannot be reached through good faith negotiations,
authorizes staff to proceed with eminent domain proceedings for the acquisition of the
property for the Southwest Arterial Project.
Prepared by Robert Schiesl, Assistant City Engineer
cc: Kent Ellis, Iowa DOT
Mike Adams, JCG Land Services
F:IPROJECTS\SOUTHWEST ART ERIAL\ROW ACQUISITION\Council and Staff Documents\Public
Hearing Set Market Value - 195 O'Rourke
RESOLUTION NO. 221-14
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE
SOUTHWEST ARTERIAL PROJECT, DIRECTING GOOD FAITH NEGOTIONS FOR
THE ACQUISITION OF PROPERTY AND AUTHORIZING THE COMMENCEMENT OF
EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, TO ACQUIRE PROPERTY
WHEREAS, the City of Dubuque (City) has caused to be made appraisals of the
properties described below for the Southwest Arterial Project and the Just
Compensation Valuation (Fair Market Value) for the properties are listed below; and
WHEREAS, the legal description of each of the properties to be acquired, the
owners and the Just Compensation Valuation (Fair Market Value) of each of the
properties is listed below; and
WHEREAS, the City Council has conducted a public hearing on the approval of
the final location and alignment of the Southwest Arterial Project, approved the project
and the acquisition of all or a part of the property listed below for the Southwest Arterial
Project:
PROPERTY
OWNER(S)
APPRAISED
VALUE
Part of Parcel 195A / 195B as described on
Exhibit A, B and C attached
O'Rourke Farms, LLC
$ 1,067,115
and;
WHEREAS, Iowa law requires that the City make a good faith effort to negotiate
with the owners regarding the purchase before proceeding with condemnation; and
WHEREAS, the City may not make an offer to purchase a property which is less
than the Just Compensation Valuation (Fair Market Value) established for the property;
and
WHEREAS, the City Council now desires to establish the Just Compensation
Valuation (Fair Market Value) for each of the properties; and
WHEREAS, the City wishes to acquire the properties listed for the Southwest
Arterial Project by good faith negotiation or eminent domain proceedings, if necessary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Just Compensation Valuation (Fair Market Value) of each of the
properties listed above is hereby established to be the amount of its appraised value as
listed above.
Section 2. The City Manager is directed to enter into good faith negotiations for the
acquisition for each of the above properties, and, if necessary, commence eminent domain
proceedings to acquire the properties.
Passed, approved and adopted this 21st day of July, 2014.
0
Attest:
op -
Kevin Firnstahl, M a/7y Clerk
2
Roy D. Buol, Mayor
EXHIBIT A
PROJECT PARCEL NO. 195A-1
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4, PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4,
PART OF LOT 1 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, AND PART OF LOT 1
OF THE EAST 1/2 OF THE SOUTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH,
RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE SOUTH 02°
(DEGREES) 19' (MINUTES) 10" (SECONDS) EAST (ASSUMED BEARING FOR THE
PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE SOUTHWEST 1/4 OF
SAID SECTION 13, A DISTANCE OF 215.14 FEET TO THE PRESENT SOUTHEASTERLY
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, BEING THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED; THENCE NORTHEASTERLY ON SAID SOUTHEASTERLY
RIGHT-OF-WAY LINE, BEING A 1,468.16 -FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY AND HAVING A 303.91 -FOOT LONG CHORD BEARING NORTH
41°08'24" EAST, 304.45 FEET (ARC LENGTH); THENCE NORTH 35°11'58" EAST ON SAID
SOUTHEASTERLY RIGHT-OF-WAY LINE, 521.10 FEET; THENCE NORTHEASTERLY ON
SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, BEING A 990.61 -FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY AND HAVING A 67.65 -FOOT LONG CHORD BEARING
NORTH 33°14'49" EAST, 67.67 FEET (ARC LENGTH); THENCE NORTH 45°04'43" EAST ON
SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 199.84 FEET; THENCE NORTH 38°27'50"
EAST ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 595.36 FEET; THENCE NORTH
77°00'06" EAST ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 48.86 FEET; THENCE
SOUTH 23°42'05" WEST, 245.79 FEET; THENCE SOUTHERLY ON A 705.00 -FOOT RADIUS
CURVE CONCAVE EASTERLY AND HAVING A 244.41 -FOOT LONG CHORD BEARING
SOUTH 04°03'28" WEST, 246.65 FEET (ARC LENGTH); THENCE SOUTH 14°31'55" EAST,
267.26 FEET; THENCE SOUTH 14°36'27" WEST, 314.71 FEET; THENCE SOUTH 25°17'00"
WEST, 125.95 FEET; THENCE SOUTH 39°31'57" WEST, 108.83 FEET; THENCE SOUTH
12°33'59" WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE
SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 371.85 FEET;
THENCE NORTH 87°23'10" EAST, 128.88 FEET; THENCE NORTH 65°32'31" EAST, 254.15
FEET; THENCE NORTH 53°08'23" EAST,205.82 FEET; THENCE NORTH 65°29'35" EAST,
220.72 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE
DAVENPORT ROAD; THENCE NORTH 52°17'10" EAST, 33.00 FEET TO THE CENTERLINE
OF OLDE DAVENPORT ROAD; THENCE SOUTH 37°42'50" EAST ON SAID CENTERLINE,
320.00 FEET; THENCE SOUTH 52°17'10" WEST, 33.00 FEET TO THE PRESENT
SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE SOUTH
50°27'08" WEST, 272.18 FEET; THENCE SOUTH 72°21'18" WEST, 292.51 FEET; THENCE
SOUTH 63°05'18" WEST, 498.96 FEET; THENCE SOUTH 75°26'07" WEST, 137.26 FEET;
THENCE NORTH 71°05'21" WEST, 201.02 FEET; THENCE NORTH 47°20'47" WEST, 384.57
FEET; THENCE NORTH 39°46'38" WEST, 285.82 FEET; THENCE NORTH 65°45'23" WEST,
383.11 FEET; THENCE SOUTH 35°53'42" WEST, 650.48 FEET; THENCE SOUTH 45°46'18"
WEST, 187.25 FEET TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13;
THENCE NORTH 02°19'10" WEST ON SAID WEST LINE, 915.82 FEET TO THE POINT OF
BEGINNING.
SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
3
HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 AND OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND
OF LOT 1 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND OF LOT 1 OF THE
EAST 1/2 OF THE SOUTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2
EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA.
CONTAINING 1,712,564 SQUARE FEET OR 39.32 ACRES OF WHICH 10,560 SQUARE
FEET OR 0.24 ACRE IS EXISTING RIGHT-OF-WAY.
COUNTY PARCEL NO. 1513152001 - LOT 1 OF THE SW1/4 OF THE NW1/4, SEC. 13-88-2E,
CONTAINS 1,338 SQUARE FEET OR 0.03 ACRE.
COUNTY PARCEL NO. 1513152002 - LOT 3 OF THE SW1/4 OF THE NW1/4, SEC. 13-88-2E,
CONTAINS 423,700 SQUARE FEET OR 9.73 ACRES.
COUNTY PARCEL NO. 1513300001 - LOT 1 OF THE NW1/4 OF THE SW1/4, SEC. 13-88-2E,
CONTAINS 802,193 SQUARE FEET OR 18.42 ACRES.
COUNTY PARCEL NO. 1513300004 - LOT 1 OF THE E1/2 OF THE SW1/4, SEC. 13-88-2E,
CONTAINS 485,333 SQUARE FEET OR 11.14 ACRES OF WHICH 10,560 SQUARE FEET OR
0.24 ACRE IS EXISTING RIGTH-OF-WAY.
4
EXHIBIT B
PROJECT PARCEL NO. 195A-2
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4, PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4,
AND PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13,
TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE
OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87°
(DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE
PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE
NORTH 25°17'00" EAST, 51.08 FEET; THENCE NORTH 14°36'27" EAST, 314.71 FEET TO
THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH
14°31'55" WEST, 267.26 FEET; THENCE NORTHEASTERLY ON A 705.00 -FOOT RADIUS
CURVE CONCAVE EASTERLY AND HAVING A 244.41 -FOOT LONG CHORD BEARING
NORTH 04°03'28" EAST, 246.65 FEET (ARC LENGTH); THENCE NORTH 23°42'05" EAST,
245.79 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 61; THENCE NORTH 77°00'06" EAST ON THE PRESENT SOUTHEASTERLY
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, A DISTANCE OF 74.80 FEET; THENCE
SOUTH 71°09'18" EAST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF
U.S. HIGHWAY 61, ALSO BEING THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE
OF OLDE DAVENPORT ROAD, 137.52 FEET; THENCE NORTH 53°06'04" EAST, 33.00 FEET
TO THE CENTERLINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 36°53'56" EAST ON
SAID CENTERLINE, 153.19 FEET; THENCE SOUTH 13°02'50" WEST, 43.11 FEET TO THE
PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD;
THENCE SOUTH 13°01'03" WEST, 265.20 FEET; THENCE SOUTH 40°03'32" WEST, 278.11
FEET; THENCE SOUTH 55°26'06" WEST, 148.12 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
HEREINAFTER TO BE KNOWN AS LOT B OF LOT 1 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 AND OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND
THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA.
CONTAINING 217,070 SQUARE FEET OR 4.98 ACRES OF WHICH 5,513 SQUARE FEET OR
0.13 ACRE IS EXISTING RIGHT-OF-WAY.
COUNTY PARCEL NO. 1513152001 - LOT 1 OF THE SW1/4 OF THE NW1/4, SEC. 13-88-2E,
CONTAINS 14,504 SQUARE FEET OR 0.33 ACRE.
COUNTY PARCEL NO. 1513152002 - LOT 3 OF THE SW1/4 OF THE NW1/4, SEC. 13-88-2E,
CONTAINS 164,818 SQUARE FEET OR 3.78 ACRES.
COUNTY PARCEL NO. 1513176001 - SE1/4 OF THE NW1/4, SEC. 13-88-2E, CONTAINS
37,748 SQUARE FEET OR 0.87 ACRE OF WHICH 5,513 SQUARE FEET OR 0.13 ACRE IS
EXISTING RIGHT-OF-WAY.
5
EXHIBIT C
PROJECT PARCEL NO. 195B
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4, PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND PART
OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 13; THENCE NORTH
87° (DEGREES) 54' (MINUTES) 58" (SECONDS) EAST (ASSUMED BEARING FOR THE
PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHWEST 1/4 OF
SAID SECTION 13, A DISTANCE OF 1,350.25 FEET TO THE NORTHWEST CORNER OF
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE SOUTH
02°11'51" EAST ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
OF SAID SECTION 13, A DISTANCE OF 1,048.50 FEET TO A POINT ON THE PRESENT
EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, BEING THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTHEASTERLY
ON THE PRESENT EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, BEING A
2,090.00 -FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND HAVING A 157.06 -
FOOT LONG CHORD BEARING NORTH 11°19'29" EAST, 157.10 FEET (ARC LENGTH);
THENCE SOUTH 80°45'33" EAST, 139.85 FEET; THENCE SOUTH 07°20'51" EAST, 601.62
FEET; THENCE SOUTH 27°35'12" WEST, 176.62 FEET TO THE PRESENT
NORTHEASTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE SOUTH
13°02'50" WEST, 43.11 FEET TO THE CENTERLINE OF OLDE DAVENPORT ROAD;
THENCE NORTH 36°53'56" WEST ON SAID CENTERLINE, 109.67 FEET; THENCE NORTH
53°06'04" EAST ON THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF OLD
DAVENPORT ROAD AND ITS SOUTHWESTERLY PROLONGATION A DISTANCE OF 50.00
FEET; THENCE NORTH 31°52'25" WEST ON THE PRESENT NORTHEASTERLY RIGHT-
OF-WAY LINE OF OLDE DAVENPORT ROAD, 281.13 FEET TO THE PRESENT EASTERLY
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61; THENCE NORTH 43°03'14" EAST ON THE
PRESENT EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, A DISTANCE OF 44.76
FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
OF SAID SECTION 13 (ALSO BEING THE NORTHERLY CORNER OF SAID LOT 3); THENCE
NORTH 02°11'51" EAST ON THE PRESENT EASTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 61 (ALSO BEING THE WEST LINE OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 13), A DISTANCE OF 274.71 FEET TO THE POINT OF
BEGINNING.
SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
HEREINAFTER TO BE KNOWN AS LOT A OF LOT 3 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 AND THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH,
RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA.
CONTAINING 134,060 SQUARE FEET OR 3.08 ACRES OF WHICH 3,161 SQUARE FEET OR
0.07 ACRE IS EXISTING RIGHT-OF-WAY.
6
COUNTY PARCEL NO. 1513152002 - LOT 3 OF THE SW1/4 OF THE NW1/4, SEC. 13-88-2E,
CONTAINS 1,388 SQUARE FEET OR 0.03 ACRE.
COUNTY PARCEL NO. 1513126001 - NE1/4 OF THE NW1/4, SEC. 13-88-2E, CONTAINS
76,632 SQUARE FEET OR 1.76 ACRES.
COUNTY PARCEL NO. 1513176001 - SE1/4 OF THE NW1/4, SEC. 13-88-2E CONTAINS
56,040
SQUARE FEET OR 1.29 ACRES OF WHICH 3,161 SQUARE FEET OR 0.07 ACRE IS
EXISTING RIGHT-OF-WAY.
7
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101. Dubuque Metropolitan Area Solid Waste Agency
104. Kluck Partnership
107. Kim Sanford
108. Arthur& Karen Rokusek
109. Thomas & Charlotte Pfeiffer
110. State of Iowa
112. Plastic Center Inc
113. Paul & Jayne Cate
114a. Wiliam & Janet Siegert
114b. Wiliam & Janet Siegert
115. Menard Inc
PARCEL ID - PROJECT ACQUISITION STATUS
117. Broughton Investments, Bob
122a. LeRoy & Jeanette Bettcher
124. Sharon L. Bradley Trust
125. Neztrop LLC
126. Portzen Building Firm LLC
127b. English Ridge LLC
129. John & Carolyn Haupert
130. Robert W Bradley Trust
133. John & Gertrude Oberbroeckling
134. David & Joyce Peterson
135. Rose M Thill
•
138. John J Oberbroeckling
140. David J Watters
141. Scott Hos
142. Dennis P Freiburger
144. Wiliam & Margaret Walser
147. Betty Jean Siegert-Tigges
148. Dennis & Judy Watters
149. Ronald & Gary Valentine
150a. Gary & Mary Beth Valentine
150b. Ronald & Marlene Valentine
151. John L Knepper
151a. John L Knepper
152. Wiliam Kress
161. Clement Reuter
169. River City Development Group LLC
169a. River City Development Group LLC
170. Connie F Simon
172. Mt Olivet Cemetery Assoc
173. Michael & Chris Lambert
174. David & Shirley Lambert
175. Dennis & Susan Troester
176. Rodney & Janet Farrey
RIN
184. Jon Luckstead
187. Jon Luckstead
188a. Dean & Nancy Herbst
188b. Dean & Nancy Herbst
194. Tracy, WM D & Betty and Tracy, WM Craig & Kay
195a. O'Rourke Farms LLC
195b. O'Rourke Farms LLC
City of Dubuque - FDR Park
Purchase Status
Purchased
Not Yet Purchased
Previously -obtained City/State/County Property
-NRKEvq`,z
Aw
Property Acqui `iti�on as of December 2013
Property Acquisctatgp ibtect to change.
Document Path: H:ACity Manager's Office ASW Arterial A2014 01 062014 Property Acqu isi&gp Troy mxd
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Temporary Easement
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Temporary Ea:tement
to constr df entrance
16.5' Permanent Easement
for Century Link
20.0' Permanent Easement
for City Utilities
Existing 18.5'
Century Link
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SCALE IN FEET
Permanent Acquisition, Roadway Purposes
Temporary Acquisition, Roadway Purposes
Permanent Easement, City Utilities
Temporary Easement, Utility Construction
Existing Easement, Century Link
Permanent Easement, Century Link
•
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PLANNING AND ZONING • COMMISSON.
CITY OF DUBUQUE, OWA JUNE, 1976
• . • • ' •
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rItRt•Jk "t" .....*4,14,114•10410,..40 t.W.1.4.1111J6,7 4111/1111444614.AhMoaiMAtilM*11/4.4..44.44 ttalIeWriniiirk• wog ......4.11.61•4,
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PITAL IMPROVEMENTS - SEWER
(\r"\
No. .J Year
Name
ANNEXATION STUDY 1976
Length Size
Assessable
City
Cos t
Total
Cos t
Jest Sector
W-2-1 1979
d-2-2
4-2-3
61-2-4
1872
1984
1986
Catfish Interceptor Phase I..
RET S.D.
Catfish Interceptor Phase II
West Penn. S.D. (part)
4-3-1 1979 Catfish Interceptor Phase
W-3-2 1983 West Dodge S.D. (part)
W-3-3 1984 Catfish Interceptor Phase Il
W-3-4 1986 West Dodge S.D. (part)
W-3-5 1992 West Dodge S.D. (part)
W-4-1 1990
North Asbury S.D. + 2 L.S
1987 _West Radford Interceptor
W-5-3
W-5-4
W-6-1
City -1
City -2
2,000
2,000
2,000
2,250
18"
8"
12"
8"
1,400 18"
3,000
675 12"
3,500
4,200
8�
3.500+
1988 West Radford Interceptor
1989 South Asbury S.D.
1990 Industrial S.D.
1990 Industrial S.D.
1978 Resurrection School
1979 DCSD Merritt S.D.
Center Sector
C-1-1 1979 North Brunskill S.D.
C-1-2 1932 Cedar Cross S.D.
C-1-3 1983 South Cedar Cross S.D.
C-1-4 1934 Crescent Ridge S.D. "A"
C-1-5 1985 Crescent Ridge S.D. "B"
C-1-6 1986 Orchard St. S.D.
South
S-1-1
S-1-2
S-1-3
S-1-4
S-1-5
s-1-6
Sector
1978
1978
1979
1985
1987
1988
Bellevue Rd. Ext.
Edwards -Henschel S.D.
Rockdale S.D
S. Dub. Ext. Phase I
S. Dub. Ext. Phase 2
S. Dub. Ext. Phase 3
8"
8"
8'
3,150 10"
1,370 8"
1,64o
2,700 8"
1,500
4.500
3,950
0
28,800
0
32,400
0
43,200
0
50,400
45, 360
8"
8"
8"
2,850 8"
3,600
2,800 8"
3,625
4,175 8"
800 8"
8"
8"
1,050
3,500
2,050
4,250
3,300
3,575
(A-6)
8"
8"
8"
10"
8�
10"
79.250
22.680
12,330
23,616
48,600
27,000
64,800
56,880
35,910
58.320
35,200
58,725
67,635
12,960
18,900
44,100
29,500
70,050
59,400
51,550
58,800
7,200
48,96o
8,100
41,160
10,800
16,524
12,600
18,100
79,25o
42,210
12.330
58,800
36,000
48,960
40,500
41,160
54,000
16,524
63,000
75.,600
158,500
64 890
24.660
5,904
16,200
14,220
15,390
6,480
15,120
6.525
7,515
1,440
0
18,900
7,380
17,500
0
22,093
29,520
48,600
27,000
81,000
71,100
51,300
64,800
50,400
65,250
75,150
14,400
18,900
63,000
36,900
87,550
59,400
73,645
CAPITAL :1MPROVE:,ENT5 - SEWER ANNEXATION STUDY 1976
No.
West Sector:
Year
's1-2--1 1979
1d-2-2 1872
W-2.-3 1984
W-2-4 1986
Name
'Catfish interceptor Phase 1
RET S.D.
Catfish Interceptor Phase 11
West Penr,. S.D. (part)
5-3-1 1979 Catfish Interceptor Phase I
W-3-2 1983 West. Dodge S.D. (apart.)
J 3 3 1924 Catfish interceptor Phase 11
W-3-4 1986 West Dodge: 5.0. (part)
W-3..,5 1992 West Dodge 5.0. (part)
11
14
1990 North Ashur,; 5.0. + 2 L.S.
1987 West Radford Ins_erceptor
1988 West Radford 1n1:ercep;tor'•
• ?989 South Asbury S.D.
1990 lndustriai S.D. •
1990 Industrial S.D.
`72
1. ;t Resurrection School
1979 1021) Ni r-; it S.D.
entc:r Sec. o:
1 1`.)P3
C-1-2 1982
- 1983
1-4 11)324
C-1-5 1985
1986
u t h, Se.
978
1972
1979
•1985
.1987
7
r X183
North 13runskil1 2,D.
Cedar Cross S.D.
South Cedar Cross S . G .
Crescent R ictie*. S.D. "ti"
Crescent Ridge. 5.(;, "6"
Orchard St._ S.D.
Bei evu€} Rd. Exit,
Edwards -Henschel S.D.
Rockdple 5.0.
S. Dub. Ext, Phase
S. Dub. Ext. Phase 2
5, Dub. Ext. Phase 3
Length S
2,000
2,000
2,000
2,250
18"
8t ,
12"
8"
1,400 18"
3,000
675
3,500
4,200
3.500+
3,150
1.370
1,640
2,700
8''
12"
8„
1,500
4.500
3,950
2,850
3,600
2,900 8"
3,625 8"
4 , 1 75 8'
800 3"
8'1'
1 In
8',
811
8"
8„
8"
.8"
8"
8r,
1,050
3,500
2,050
5,2.50
3,300
3,575
(6-6)
8"
8"
8,
10"
8"
10"
As se
28
sable.
0
800
0
32,400
0
43,200
0
50;400
45,360
79.250
22.680
12,330
23;616
48,600
27,000
64,800
56,820
35,910
58.320
35,200
58,725
67:635
12,960
18,900
44,100
29,500
70,050
59,40}
51,550
58,800
7,200
48,960
8,100
41 ;160
10,800
16,524
12.600
18,100
79,250
42,210
12,3:30
5,904
16,200
14,220
15,390
6,480
15,120
6,525
7,515
1,440
0
18,900.
7,380
17,500
0
22,093
58,800
36,000
'48,g60
40,500
41,160
54,000
16,524
63,000
75,600
158,,500
64,890
24,660
29,520.
48,600
27,000
81,000
71,100
51,300
64,800
• 50;400
65,250
75, 150
14,400
78,900
63,000
36,900
87,550
59,400
73,645
THE CITY OF
Du13
Masterpiece on the Mississippi
Dubuque
kutirl
M -America City
1
2007
July 18, 2012
Mr. Philip R. McFadden
McFadden Family Partnership, L.L.P.
5580._Pennsylvania_Ave
Dubuque, IA 52002
Re: Sanitary Sewer Service
Dear Mr. McFadden:
City Manager's Office
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4805
Office (563) 589-4110
Fax (563) 589-4149
11Y (563) 690-6678
ctymgr@cityofdubuque.org
www.cityofdubuque.org
This letter is in response to your May 22, 2012 letter regarding sanitary sewer
service to your undeveloped property Tying west of Radford Road and south of
Pennsylvania Avenue. We hope this information will be beneficial if you, or
future buyers, proceed with development of the parcels.
Currently, the closest sanitary sewer is located at the northwest corner of
Chavenelle Road and Radford Road. The existing manhole at this location has
an 8" sewer pipe stubbed out of the manhole to the north. A 12" sewer pipe
flows south out of the manhole. If an increase in capacity is required for
proposed development to the north, the 8" dia. stub pipe could be replaced with a
larger pipe. It is the developer's responsibility to obtain the easements and
construct the sewer main from the existing sewer to the proposed development.
The City currently does not have any agreements or funding sources to share in
the cost of the extension of sanitary sewer. However, since your construction
would extend a collector sewer line, there would not be a connection fee charged
to the developer by the City.
The City works with developers during conceptual and preliminary design to
make them aware of the requirements, as we did in 2010-2011 with a proposed
developer of your site. Since that development did not proceed, no agreement
with the City was finalized. If you have interested parties who have a conceptual
plan for development, the City would be glad to meet with them to discuss the
requirements for sanitary sewer and other public improvements.
Service People Integrity Responsibility Innovation Teamwork
If you have any questions, please contact me.
Sincerely,
Michael C. Van Milligen, City Manager
CC: Gus Psihoyos, City Engineer
Ron Turner, Professional Land Surveyor
Laura Carstens, Planning Services Manager
AsBURY AU,
wix
®@lte� Co
STREET IMPROVEMENTS
EXISTING STREETS
P'= 40:44/41
313/30
•
PROPOSED STREETS
Baimu®0L1 40/44:40"
®®F.iH®P0 30,3E
mu®® ".w. ARTERIAL
NORTH
023800'
SCALE
CA1TAL MPROVEMENTS/STREETS
WEST S •
DEPT. OF PLUNNIN6 AND ZONING
UOUE ANNEXATION STUDY -1976
CAPITAL IMPROVEMENTS - STREETS
No. Year
W-5
W-5
W-5
City -2
City -6
1982
1987
1995
1978
1984
Center Sector
C-1-1
C-1-2
C-1-3
C-1-4
1979
1981
1981
1985
Name
1/2 Radford; Penn. to Asbury
1/2 Radford; Catfish to Penn.
Penn.; Radford to unnamed
ANNEXATION STUDY 1976
Total
Length Width Cost
Penn. Ave.; Rosemont -CL
Stoneman Ext.; exist to CL
Cedar Cross Rd.; curve -N. Cascade
Cedar Cross Ext.; exist to June
Crescent/Starlight; Dodge to Cedar Cross
Cedar Cross relocation and bridge
C-2-1 1981 Cedar Cross Ext.; June to Edward
South Sector
S-1-1 1931
S-1-2 1981
S-1-3 1981
S-1-4 1990
S-1-5 1990
s-1-6 1991
S-1-7 1993
-2-1 1988
S-4-1
S-4-2
City -3
City -1
Cedar Cross Ext.; Edwards to Rockdale
Rockdale; bridge to Maquoketa
Old Bellevue; Rockdale to 151
Manson Ext.; Cedar'Cross to Maquoketa Ext
Maquoketa Ext.; to Manson Ext.
Manson Ext.; Maquoketa Ext. to zone
Marto Rd.; Rockdale to Catfish
Old Bellevue Rd.
1991 Manson Ext.; zone to Old 151
1994 Old 151 reconstruct; Old 61 West
1980 Rockdale Bridge
1976 W. 32nd St.; Central -JFK
(A-9)
101,610
111,965
135,630
64,750
160,740
307,000
94,426
226,040
1,,700,000
447,85o
437,060
665,590
70,145
231,070
75,350
226,045
419,437
178,590
30,14o
544,980
800,000
City
Cost
55,780
56,460
63,400
Assessment FAUS''
Cost Cost
45,830
32,650 32,100
75,145
105,670
510,000-
196,675::
35,370
169,545
35,225
105.675
196,080
55,545
14,090
274,810
240,000*
92,100
28,330
120,370
214,900
66,100
1,190,000
134,355 313,495
131,120
34,775
40,125
305,940
458,915
204,770
560,000
Czr�
l g7q"1
ine.com m Telegraph Herald Sunday, June 9, 2013 113A
6< the
G ar
eptly a
Telegraph Herald
Question: There are
many areas west of Rad-
ford Road on Pennsylvania
Avenue and west of Seip-
pel Road where I believe
some type of guardrails
should be installed. Many
areas have large drop-offs,
creating safety issues if a
vehicle should leave the
road. Are there any plans
to install guardrails or any
other types of safety pre-
cautions?
Answer: This portion of
the road was a Dubuque
County road until ap-
proximately 2005, when it
was annexed to the city of
Dubuque.
"The city is in the process
of reviewing this and other
newly annexed roadways
for necessary improve-
ments to bring them up to
current design standards,"
said Jon Dier. st, with the city
engineering i-iepartment.
He said the project is not
currently in the, city's five-
year capital improvement
program budget; however,
the city does have an an-
nual budget line item for
guardrails.
"This area presents an
extreme challenge due to
the topography of the area,"
Dienst said. "City staff are
reviewing the section of
road and hope to address
the lack of guardrails when
funds are available."
Question: Does the city
of Dubuque have any plans
in place to add a drinlcing
fountain to the RiverWalk
near Kerper Boulevard?
Answer: Dubuque Lei-
sure Services Manager Ma-
rie Ware said there are no
plans for a drinking foun-
tain to be installed on the
River Walk near Kerper.
Have a question for the
TH? Visi t THon line. coral
AskTheTH. Watch for the
answer to your question
throughout the week in the
TH.
' 9611UG 29 Pit 2 52
•avis
C! i, RK
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amounts collected from the establishment of such fees are appropriated to the board for the purpose of reimbursing the economic development authority for the budgeted
costs of covering the board's expenses as described in section 368.9, subsection 1. Any amounts collected in a fiscal year by the board in excess of such budgeted costs
shall be deposited in the general fund of the state. The board's rales are subject to chapter 17A, as applicable.
[C75, 77, 79, 81, §368.10]
93 Acts, ch 152, §7, 8; 2013 Acts, ch 126, §15
Section amended
368.11 Petition for involuntary city development action.
1. A petition for incorporation, discontinuance, or boundary adjustment may be filed with the board by a city council, a county board of supervisors, a regional
planning authority, or five percent of the registered voters ofa city or territory involved in the proposal. Notice of the filing, including a copy ofthe petition, must be
served upon the council of each city for which a discontinuance or boundary adjustment is proposed, the board of supervisors for each county which contains a portion of
a city to be discontinued or territory to be incorporated, annexed or severed, the council of a city if an incorporation includes tenitory within the city's urbanized area, and
any regional planning authority for the area involved.
2. Within ninety days of receipt of a petition, the board shall initiate appropriate proceedings or dismiss the petition. The board may combine for consideration
petitions or plans which concern the same territory orcity or which provide for a boundary adjustment or incorporation affecting common territory. The combined
petitions may be submitted for consideration by a special local committee pursuant to section 368.14A.
3. The petition must include substantially the following information as applicable:
a. A general statement of the proposal.
b. A map of the territory, city or cities involved.
c. Assessed valuation of platted and unplatted land.
d Names of property owners.
e. Population density.
f Description of topography.
g. Plans for disposal of assets and assumption of liabilities.
h. Description of existing municipal services, including but not limited to water supply, sewage disposal, and fire and police protection.
1. Plans for agreements with any existing special service districts.
j. In a case of annexation or incorporation, the petition must state that none of the territory is within a city.
k In a case of incorporation or consolidation, the petition must state the name of the proposed city.
1. Plans shall include a formal agreement between affected municipal corporations and counties for the maintenance, improvement, and traffic control of any shared
roads involved in an incorporation or boundary adjustment.
m. (I) In the discretion of a city council, a provision for a transition for the imposition of city taxes against property within an annexation area. The provision
shall allow for an exemption from taxation of the following percentages of assessed valuation according to the following schedule:
(a) For the first and second years, seventy-five percent.
(b) For the third and fourth years, sixty percent.
(c) For the fifth and sixth years, forty-five percent.
(d) For the seventh and eighth years, thirty percent.
(e) For the ninth and tenth years, fifteen percent.
(2) An alternative schedule may be adopted by the city council. However, an alternative schedule shall not allow a greater exemption than that provided in this
paragraph. The exemption shall be applied in the levy and collection of taxes. The provision may also allow for the partial provision of city services during the time in
which the exemption from taxation is in effect. If the city council provides for a transition for the imposition of city taxes against property in an annexation area, all
property owners included in the annexation area must receive the transition upon completion of the annexation.
n. In the case of an annexation, a plan for extending municipal services to be provided by the annexing city to the annexed territory within three years of July 1 of
the fiscal year in which city taxes are collected against property in the annexed territory.
4. At least fourteen business days before a petition for involuntary annexation is filed as provided in this section, the petitioner shall make its intention known by
sending a letter of intent by certified mail to the council of each city whose urbanized area contains a portion of the territory, the board of supervisors of each county
which contains a portion of the territory, the regional planning authority of the tenitory involved, each affected public utility, and to each property owner listed in the
petition. The written notification shall include notice that the petitioners shall hold a public meeting on the petition for involuntary annexation prior to the filing of the
petition.
5. Before a petition for involuntary annexation may be filed, the petitioner shall hold a public meeting on the petition. Notice of the meeting shall be published in an
official county newspaper in each county which contains a part of the territory at least five days before the date of the public meeting. The mayor of the city proposing to
annex the territory, or that person's designee, shall serve as chairperson of the public meeting. The city clerk of' the same city or the city clerk's designee shall record the
proceedings of the public meeting. Any person attending the meeting may submit written comments and may be heard on the petition. The minutes of the public meeting
and all documents submitted at the public meeting shall be forwarded to the county board of supervisors of each county where the territory is located and to the board by
the chairperson of the meeting.
6. Within thirty days after receiving notice that a petition for involuntary annexation has been filed with the board, the board of supervisors of each county that
contains all or a portion of the tenitory to be annexed shall, by resolution, state whether or not it supports the petition or whether it takes no position in support of or
against the petition. If there is a comprehensive plan for the county, the board shall take the plan into account when considering its resolution. A copy of the resolution
shall be immediately filed with the annexing city and with the city development board. Failure of a board of supervisors to adopt a resolution shall not delay the
proceedings on the petition nor shall such failure be considered a deficiency either in the petition or in the annexing city's proceedings.
[1t60, §1031, 1038, 1043; C73, §421, 426, 430, 431, 447, 448; C97, §599, 604, 610, 611, 615, 617, 621; S13, §615; C24, 27, 31, 35, 39, §5588, 5598, 5612 -
5614, 5616; C46, 50, §362.1, 362.11, 362.26, 362.28, 362.29, 362.31; C54, 58, 62, 66, 71, 73, §362.1, 362.11, 362.26, 362.31; C75, 77, 79, 81, §368.11)
3; 91 Acts, ch 250, §6; 92 Acts, ch 1174, §4; 93 Acts, ch 152, §9; 2001 Acts, ch 56, §31; 2002 Acts, ch 1132, §9, 11;2003 Acts, ch 108, §126, 132;
6 9; 2005 Acts, ch 111, §4, 5; 2006 Acts, ch 1158, §5; 2010 Acts, ch 1061, §180
368.12 Dismissal.
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3/7/2014
Iowa Code 368 https://coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billin...
6. Potential effect of the proposal and of possible alternative
proposals on the cost and adequacy of services and facilities.
7. Potential effect of the proposal on adjacent areas, and on any
unit of government directly affected, including but not limited to
the potential effect on future revenues of any such unit of
government.
Section History: Early Form
[C75, 77, 79, 81, § 368.16]
Referred to in § 368.3, 368.20
368.17 WHEN APPROVAL BARRED.
The committee may not approve:
1. An incorporation unless it finds that the city to be
incorporated will be able to provide customary municipal services
within a reasonable time.
2. A discontinuance or severance if the city to be discontinued
or the territory to be severed will be surrounded by one or more
cities unless a petition for annexation of the same area is also
filed and approved.
3. A discontinuance or severance unless it finds that the county
or another city will be able to provide necessary municipal services
to the residents.
4. An annexation unless the territory is adjoining the city to
which it will be annexed, and the committee finds that the city will
be able to provide to the territory substantial municipal services
and benefits not previously enjoyed by such territory, and that the
motive for annexation is not solely to increase revenues to the city.
5. A consolidation unless the cities are contiguous.
6. An incorporation of territory, any part of which is within two
miles of an existing city, unless a petition for annexation of
substantially the same territory to such city has been dismissed,
disapproved, or voted upon unfavorably within the last five years.
7. A city development action which creates an island.
Section History: Early Form
[R60, § 1043; C73, § 430, 431; C97, § 610, 611, 615; S13, § 615;
C24, 27, 31, 35, 39, § 5612--5614; C46, 50, § 362.26, 362.28,
362.29; C54, § 362.26; C58, 62, 66, 71, 73, § 362.1, 362.26; C75, 77,
79, 81, § 368.17]
Section History: Recent Form
91 Acts, ch 187, §4; 92 Acts, ch 1174, §5
Referred to in § 368.3, 368.16, 368.20
368.18 AMENDMENT.
The committee may amend a petition or plan. If a petition or plan
is substantially amended, the committee shall continue the hearing to
a later date and serve and publish a notice describing the amended
petition or plan, as required in section 368.15.
Section History: Early Form
15 of 20 1/9/2014 11:50 AM
Iowa Code 368 https://coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billin...
[C97, § 600; S13, § 600; C24, 27, 31, 35, 39, § 5591; C46, 50,
54, 58, 62, 66, 71, 73, § 362.4; C75, 77, 79, 81, § 368.18]
Referred to in § 368.3, 368.20
368 19 TIME LIMIT -- ELECTION.
1. The committee shall approve or disapprove the petition or plan
as amended, within ninety days of the final hearing, and shall file
its decision for record and promptly notify the parties to the
proceeding of its decision. If a petition or plan is approved, the
board shall submit the proposal at an election held on a date
specified in section 39.2, subsection 4, paragraph "a" or
"b", whichever is applicable, and the county commissioner of
elections shall conduct the election. In a case of incorporation or
discontinuance, registered voters of the territory or city may vote,
and the proposal is authorized if a majority of those voting approves
it. In a case of annexation or severance, registered voters of the
territory and of the city may vote, and the proposal is authorized if
a majority of the total number of persons voting approves it. In a
case of consolidation, registered voters of each city to be
consolidated may vote, and the proposal is authorized only if it
receives a favorable majority vote in each city. The county
commissioner of elections shall publish notice of the election as
provided in section 49.53 and shall conduct the election in the same
manner as other special elections.
2. The city shall provide to the commissioner of elections a map
of the area to be incorporated, discontinued, annexed, severed, or
consolidated, which must be approved by the commissioner as suitable
for posting. The map shall be displayed prominently in at least one
place within the voting precinct, and inside each voting booth.
3. The costs of an incorporation election shall be borne by the
initiating petitioners if the election fails, but if the proposition
is approved the cost shall become a charge of the new city.
Section History: Early Form
[R60, § 1032, 1037, 1043, 1044; C73, § 422, 423, 425, 430--432,
447--450; C97, § 600--605, 610--612, 615; S13, § 600--602, 615; C24,
27, 31, 35, 39, § 5592--5594, 5596, 5598, 5599, 5605, 5606,
5612--5614; C46, 50, § 362.5--362.7, 362.9, 362.11, 362.12, 362.19,
362.20, 362.26, 362.28, 362.29; C54, 58, 62, 66, 71, 73, §
362.5--362.7, 362.9, 362.11, 362.12, 362.19, 362.20, 362.26; C75, 77,
79, 81, § 368.19]
Section History: Recent Form
91 Acts, ch 250, §10; 95 Acts, ch 67, §53; 98 Acts, ch 1123, §16;
2008 Acts, ch 1115, § 62, 71; 2009 Acts, ch 57, §90
Referred to in § 368.3, 368.20
368.20 PROCEDURE AFTER APPROVAL.
After the county commissioner of elections has certified the
results to the board, the board shall:
1. Serve and publish notice of the result as provided in section
362.3.
2. File with the secretary of state and the clerk of each city
incorporated or involved in a boundary adjustment, and record with
16 of 20 1/9/2014 11:50 AM
96 Acts, ch 1204, §10; 2012 Acts, ch 1110, §25
368.25 Failure to provide municipal services.
Prior to expiration of the three-year period established in section 368.11, subsection 3, paragraph "n" , the annexing city shall submit a report to the board describing the
status of the provision of municipal services identified in the plan required in section 368.11, subsection 3, paragraph "n" If a city fails to provide municipal services, or
fails to show substantial and continuing progress in the provision of municipal services, to territory involuntarily annexed, according to the plan for extending municipal
services filed pursuant to section 368.11, subsection 3, paragraph "n", within the time period specified in that subsection, the city development board may initiate
proceedings to sever the annexed territory from the city. The board shall notify the city of the severance proceedings and shall hold a public hearing on the proposed
severance. The board shall give notice of the hearing in the same manner as notice of a public meeting in section 368.11. The board may order severance of all or a
portion of the territory and the order to sever is not subject to approval at an election. A city may request that the board allow up to an additional three years to provide
municipal services if good cause is shown. As an alternative to severance of the territory, the board may impose a moratorium on additional annexation by the city until
the city complies with its plan for extending municipal services. For purposes of this section, "municipal services" means services included in the plan required by section
368.11, subsection 3, paragraph "n", for extending municipal services.
2002 Acts, ch 1132, §10,11; 2002 Acts, ch 1175, §32; 2003 Acts, ch 148, §7,9; 2005 Acts, ch 19, §51
Page 1 of 1
3/7/2014
ers or sucn agricultural
CITY OF DUBUQUE land whose properties
OFFICIAL NOTICE may be acquired in
NOTICE OF INTENT whole or in part for the
TO COMMENCE A project. See Iowa Code
PUBLIC IMPROVE- §§ 6A.21(a), 6B.2A.
MENT PROJECT FOR 1. DESCRIPTION OF
THE SOUTHWEST AR- THE PROJECT.
TERIAL PROJECT AND NOTICE IS HEREBY
TO ACQUIRE AGRI- GIVEN to the above
CULTURAL LAND FOR identified owners of
THE PROJECT agricultural land that
TO: Owners and last the City Council of the
known address of City of Dubuque will
owner of affected consider authorizing
land: the commencement of
O'Rourke Farms, LLC a project to construct
(Parcel 195A), 9491 the Southwest Arterial
Olde Davenport Rd., Project and related fa -
Dubuque, IA 52003 cilities.
O'Rourke Farms, LLC 2. PRIVATE PROPER -
(Parcel 195B), 9491 TY MAY BE AC -
Olde Davenport Rd., QUIRED BY PUR-
Dubuque, IA 52003 CHASE OR CONDEM-
Legal Descriptions: NATION.
Parcel 195A-1. A PAR- If the above described
CEL OF LAND SITUATED project is approved by
IN PART OF LOT 1 OF the City Council, the
THE SOUTHWEST 1/4 City will be required to
OF THE NORTHWEST acquire property (per -
1/4, PART OF LOT 3 OF manent and temporary
THE SOUTHWEST 1/4 easements) for the
project improvements.
Upon review of Dubu-
que County property
records, it appears that
agricultural land own-
ed by the above identi-
fied persons may have
to be acquired in whole
or in part for the proj-
ect. The City will at-
tempt to purchase the
required agricultural
land by good faith ne-
gotiations, and it may
condemn those proper-
ties which it is unable
to purchase. The pro-
posed location of the
above described public
improvement is shown
on a conceptual draw-
ing of the project
which is now on file in
the office of the City
Engineer and available
for public inspection.
3. CITY PROCESS TO
DECIDE TO PROCEED
WITH THE PROJECT
AND TO ACQUIRE
PROPERTY; CITY
COUNCIL ACTION RE-
QUIRED TO PROCEED
WITH PROJECT; OP-
PORTUNITY FOR PUB -
L C INPUT.
In making the deci-
s on to proceed with
the above described
project and to author-
'ze the acquisition of
property (permanent
and temporary ease-
ments) and property
interests, the City
Council is required to
hold a public hearing,
giving persons inter-
ested in the proposed
AND PART OF THE project the opportunity
SOUTHEAST 1/4 OF o regardingtthe project,
their views
ALLL IN SECTION 13,
THENORTHWEST 1/3, and regarding the pro -
TOWNSHIP 88 NORTH, posed acquisition of
RANGE 2 EAST OF THE property (permarary nent
5TH P.M., COUNTY OF and
se -
DUBUQUE, STATE OF ments) for the project.
IOWA, according to the The public hearing on
United States Govern- the project will be held
ment Survey and the during the City Coun-
recorded plats thereof; cil's regularly sched-
subject to highway and uled meeting on the
easements of record; 21st day of July, 2014 at
and the Historic Federal
Under the provisions Building Council Cham -
of Chapter 6B of the lo- bers (second floor),
wa Code, a govern- 350 West 6th Street,
mental body which Dubuque, Iowa, com-
proposes to acquire mencing at 6:30 p.m. In
agricultural land under order for the City to
power of eminent do- proceed with the
main for a public im- above-described proj-
provement project is ect and commence the
required to give notice acquisition of property
of intent to commence for the project, the City
the project to all own- Council will be re-
• quired to approve the
OF THE NORTHWEST
1/4, PART OF LOT 1 OF
THE NORTHWEST 1/4
OF THE SOUTHWEST
1/4, AND PART OF LOT
1 OF THE EAST 1/2 OF
THE SOUTHWEST 1/4,
ALL IN SECTION 13,
TOWNSHIP 88 NORTH,
RANGE 2 EAST OF THE
5TH P.M., COUNTY OF
DUBUQUE, STATE OF
IOWA, according to the
United States Govern-
ment Survey and the
recorded plats thereof,
subject to highway and
easements of record;
Parcel 1954-2. A PAR-
CEL OF LAND SITUATED
IN PART OF LOT 1 OF
THE. SOUTHWEST 1/4
OF THE NORTHWEST
1/4, PART OF LOT_3 OF
THE SOUTHWEST 1/4
OF THE NORTHWEST
1/4, AND PART OF THE
SOUTHEAST 1/4 OF
THE NORTHWEST 1/4,
ALL IN SECTION 13,
TOWNSHIP 88 NORTH,
RANGE 2 EAST OF THE
5TH P.M., COUNTY OF
DUBUQUE, STATE OF
IOWA, according to the
United States Govern-
ment Survey and the
recorded plats thereof,
subject to highway and
easements of record;
Parcel 195B. A PAR-
CEL OF LAND SITUATED
IN PART OF LOT 3 OF
THE SOUTHWEST 1/4
OF THE NORTHWEST
1/4, PART OF THE
NORTHEAST 1/4 OF
THE NORTHWEST 1/4
project and authorize
acquisition of private
property (permanent
and temporary ease-
ments) for the project
by Council resolution.
The City Council is
scheduled to consider
adoption of the resolu-
tion at said meeting
following the public
hearing.
If the project is ap-
proved by the City
Council, a certified ap-
praiser retained by the
City will determine the
compensation (in com-
pliance with Federal
regulations and Iowa
Department of Trans-
portation right-of-way
acquisition policies and
procedures) to be paid
for property or proper-
ty interests that are
needed for the project.
The City will offer no
less than the appraised
value and will attempt
to purchase only the
needed property by
good faith negotia-
tions. If the City is un-
able to acquire proper-
ties needed for the
project by negotiation„
the City will acquire
those properties by
condemnation.
4. CONTACT PER-
SON,
Persons desiring fur-
ther information re-
garding the proposed
public improvement
project or its impact on
the properties identi-
fied above may contact
by mail Assistant City
Engineer, Robert
Schiesl, 50 West 13th
St., Dubuque, Iowa
52001, or by telephone
at (563) 589-4270.
5. STATEMENT OF
RIGHTS.
Just as the law grants
certain entities the
right to acquire private
property, you as the
owner of property have
certain rights. You
have the right to
a. Receive just com-
pensation for the tak-
ing of property. (Iowa
Const., Article I, Sec-
tion 18)
b. An offer to pur-
chase which may not
be less than the lowest
appraisal of the fair
market value of the
property. (Iowa Code
§§ 66.45, 6B54)
c. Receive a copy of
the appraisal and re-
view appraisal, upon
which the acquiring
agency's determina-
tion of just compensa-
tion is based not less
than 10 days before be-
ing contacted by the
acquiring agency's ac-
quisition agent. ( Iowa
Code §60.45)
d, When an appraisal
is required, an oppor-
tunity to accompany at
least one appraiser of
the acquiring agency
who appraises your
property. (Iowa Code
§6B.54)
e. Participate in good
faith negotiations with
the acquiring agency
before the acquiring
agency begins con-
demnation proceed-
ings, (Iowa Code
§6B.3(1))
f. If you cannot agree
on a purchase price
with the acquiring
agency, a determina-
tion of just compensa-
tion by an impartial
compensation commis-
sion and the right to
appeal its award to dis-
trict court. (Iowa Code
§§ 6B.4, 66.7, and
66.18)
g. Payment of the
agreed upon purchase
price, or if condemned,
a deposit of the com-
pensation commission
award before you are
required to surrender
possession of the prop-
erty. (Iowa Code §§
6B.25 and 66.54(11))
i. Reimbursement for
expenses incidental to
transferring title to the
acquiring agency. (Io-
wa Code §§ 66.33 and
6B.54(10))
j. Reimbursement of
certain litigation ex-
penses: (1) if the
award of the compen-
sation commissioners
exceeds 110 percent of
the acquiring agency's
final offer before con-
demnation; and (2) if
the award on appeal in
court is more than the
compensation commis-
sioner's award. (Iowa
Code § 6B.33)
j. At least 90 days
written notice to va-
cate occupied proper-
ty. (Iowa. Code §
60.54(4))
k. Relocation services
and payments, if you
are eligible to receive
them, and the right to
appeal your eligibility
for and amount of pay-
ments. (Iowa Code
§316.9)
The rights set out in
this Statement are not
claimed to be a full and
complete list or ex-
planation of an owner's
rights under the law.
They are derived from
Iowa Code Chapters
6A, 6B and 316. For a
more thorough presen-
tation of an owner's
rights, you should refer
directly to the Iowa
Code or contact an at-
torney of your choice.
This Notice is given by
authority of the City
Council of the City of
Dubuque, Iowa, '
Kevin S. Firnstahl,
City Clerk
1t 7/4
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: July 04, 2014, and for which the charge is $113.26.
Subscribed to before i a Notary Public in and for Dubuque County, Iowa,
this gee day of
ary Public in and for Dubuque County, Iowa.
Commission Number 1E3488C
,y Comm. Exp. FEB, 1, 2017