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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 38.8 ofr OFAOON %%Vs TOLE cLe S MAR to nrn TORR CROSS NO oho ew+ecp°q, 4 ENE HEIGHTS!Rp e ME.aGROumN HEi0 tS INERS LN • Roosevelt • Rm 9 MONTICELLO OR • (i24) (124) 1. • (i4o) (142) (152) (i3o) (i24) (i33) (138) (139) (144) (i4o) (240 (148) (148) (124) (i24) (13O) C130) (i24) IP lin (i47) <174) (i75%176) (i73) eat (109) ; (jos) (147) <172) (i72) (134) (135) (125) 9 (106) (125) (i25) (i26) 425) 4 0 °p G 5 2 m. z wo (i69) 88a (104) SILVERWOOD 161 (i94) STONEWOOD 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 -40 4 1888 ) Ham. Dean & Nancy H. _ 4 Simon x ifeesZAIZzas Ci) • 4.4 JI/ L:\work\protect\113036\cadd\OlsplayPOF\POF\CompleteProject.dsn (1950RourkeDlsplay)', 20.0' Permanent Easement for City Utilities Temporary Easement Utilitiy construction O'Rourke Farms, L.L.C. 11 rr isting 16.5' Century Link Easement 0 " `c'Rourke Forms, L.L.C. / �. /temporary \ \ j+�Easement for Acces: ri 111 if 4. • Temporary y Tempora Easements Easement, for shaping to remove concrete slat Temporary Easement Utilltiy constructJo' i 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 Easement 0•f,-; 0 200 400 600 �- 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 • O'Rourke Farms, LLC. • r, 16.5' Utility Easement for Verizon CeII Tower o/4-eirt ce,-c acaLe-elfr-e4.12.- 7-/C-,2triv q 2e, M26" - 7,40— S 6t -‘,,24e -T., --t 4 4--t-4471 7 c zede,pa -eeri 44. 1 - LtoiAvi, a -ire ez-LE-a& vela , ,200 a--frirktiktzelL0 .74{1%Z. c0 -0 -et ,c.ee 3 66 .,t-a-kAJL yo-e-ru)-u7, 2 lc/c42i9d-e-7-4:1 124,14-e,ree_t_e_ 5 2010 RECEIVED 14JUL ! 6 0111:07 ,City Clerk`s- Office Dubuque, IA --- -a-- - 1 r-- fit cp o ' LJ • • LLJ _ 0 • (a Dc6 • Lij LU ..•_, 0 CC -2- .07 PLANNING AND ZONING • COMMISSON. CITY OF DUBUQUE, OWA JUNE, 1976 • . • • ' • • • • ' ' "'""t •r• • „: • 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, •••••"'; , ' • 4‘ •••••11..ge"f••':. , . „, , r '.••• " .111,111, „1.444tn. `, • .„ . • ' ";•4 F •r M. d v4•7•,'• ,, k t4,,, - 4 .•„.1,,,,„4„."- ii:,.,, ., • f..-'.1:' ,. ... . s.,'•-,.,.,,...,.,, 'n,..':•."tI.,...).4.i..•.-...'• : 7• .. S, 1"•,,.1 --;..I,- , ,.`':;-?;•:':''' .'z• --. 'i.' •''.' 11i-,i.4•,•i • . 444, .••-'•;. '•••••" • "•:-- 1, " •,., „4v, 4:r ' ;c`,..,,„,,•', :, V Aff.- . •-; '417• 4 2ice • , 6 'fl 1 a .:,-s,e-.:. In Z 2 0 • e-' ,,:,,:•14.„... Z -.-ci :: . .-, • . .- a 2 a 'd 4., 7 0 --,CC I 111 CO 0 $ • -,...., ,, th 0 0.1 t1 'GC 04. hid 0 ? ., ,' U.1 r :Ns CJ) - '''• . ;.•:•''.P*". ...." . '''./ ..."•:i• . , , • f .1 ( \ i ‘‘ "•-• ../ . • ,T! 7•••"'-'443:r 10, tg•JA ••:••a•-• ••• .• • 1 ;. r • • Y., 4/5 -•... •,• • 7s,.. 7 . ••• r ; - •.• , • • 3 1•• :.• , • 'L. r- , • • t ' <C .1.,„,„„ • • • •• • .4,1,1 ...as • :"" • t . • • 't 0 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 • , IOWA A p� c ' N i' 1: t'k 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. Page 1 of 1 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