Dubuque Regional Airport_Property Acquisition for Extenstion of UtilitiesMasterpiece 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: Extension of Public Utilities to the Dubuque Regional Airport 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 five
parcels of property to be acquired for the extension of public utilities to the Dubuque
Regional Airport. 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
easement acquisition(s) of the property for public utilities to provide services to the
Dubuque Regional Airport.
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
Bob Green, Water Department Manager
THE CITY OF
DIIbu
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
Robert Schiesl, Assistant City Engineer
Dubuque
bitettl
All -America City
1 r
2007 • 2012 • 2013
Extension of Public Utilities to the Dubuque Regional Airport
Establishing Fair Market Value and authorizing commencement of
eminent domain proceedings, if necessary
DATE: July 14, 2014
INTRODUCTION
The purpose of this memorandum is to provide the City Council with information related
to the property acquisition (permanent and temporary easements) for the extension of
public utilities to provide services to the Dubuque Regional Airport and establishing the
Just Compensation Valuation (Fair Market Value) of necessary property for the
extension of public utilities to the Airport.
BACKGROUND
In November 2012, the City entered into a professional service agreement with WHKS
& Co. to design the City of Dubuque Utility Extensions to the Dubuque Regional Airport.
Preliminary designs and utility alignments have been developed. The preliminary utility
corridor alignments were discussed with the effected property owners to get their input.
Several meetings were held with different property owners until acceptable alignment
locations were achieved. In January of 2014, WHKS & Co. developed preliminary
easement plats for permanent, temporary, and access easements. The preliminary
plats were again reviewed with property owners. After additional input from the property
owners, the plats were finalized and final appraisals completed. The remainder of the
design is moving toward completion with the intent of bidding the project immediately
following property acquisition.
PROPERTY ACQUISITION
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
101
O'Rourke Farms, LLC
102
O'Rourke Farms, LLC
103
William D. Tracy, Craig Tracy and Kay J. Tracy
104
Patricia Furuseth
105
O'Rourke Farms, LLC
The attached aerial photo corridor map provides additional detail which delineates those
properties that will be impacted by the extension of public utilities to the Airport.
CERTIFIED APPRAISAL PROCESS
Due to the impacted property overlap between the Southwest Arterial (US 61-151
interchange location) and the utility extension corridor to the Airport, the City felt that it
was important to have uniformity and consistency with the appraisal valuations. As a
result, the City retained the services of Iowa Appraisal and Research Corporation and
Peoples Company of Iowa to provide real estate property Appraisal Services for the
extension of public utilities to provide services to the Airport.
To be consistent with the Southwest Arterial appraisal process, the City had two (2)
independent appraisal valuations conducted for each property to be acquired
(permanent and temporary easements). Iowa Appraisal and Research Corporation were
responsible for completing independent Acquisition Appraisal services. Separately,
Peoples Company of Iowa was 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 were 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
101 / 102
O'Rourke Farms, LLC
Residential 1
Conservation
Agricultural
$ 35 890.00
103
William D. Tracy, Craig
Tracy and Kay J. Tracy
Residential /
Conservation
Agricultural
g
$ 14 656.00
104
Patricia Furuseth
Residential /
Conservation
Agricultural
$ 6,951.00
104
Patricia Furuseth
Residential)
Conservation
Trees
$17,065.75
105
O'Rourke Farms, LLC
Agricultural
Agricultural
$ 25,056.00
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 forth 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 easement acquisitions for the extension of
public utilities to provide services to the Dubuque Regional Airport are as follows:
Description
Estimated Cost
Property Acquisition (Permanent and Temporary Easements)
$ 82,553.00
Reimbursement for Walnut and Spruce Trees (Furuseth)
17,065.75
Property Acquisition Cost Estimate
$ 99,618.75
The anticipated project funding is summarized as follows:
CIP No.
Fund Description
Fund Amount
7102409
Granger Creek Sanitary Sewer Extension
$ 66,129.16
7402395
Watermain Extension to Airport
33,489.59
Total Project Funding
$ 99,618.75
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 easement
acquisition(s) of the property for public utilities to provide services to the Dubuque
Regional Airport.
Prepared by Robert Schiesl, Assistant City Engineer
Todd Irwin, Engineering Technician
cc: Jenny Larson, Budget Director
Todd Dalsing, Airport
F:\PROJECTS\Utility Extension to Airport 2014\Council & Staff Documents\Property Acquisition Public Hearing
RESOLUTION NO. 222-14
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE
EXTENSION OF PUBLIC UTILITIES TO THE DUBUQUE REGIONAL AIRPORT,
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 Extension of Public Utilities to the Dubuque Regional
Airport 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 and has approved
the project and the acquisition of all or a part of the property listed below for the
Extension of Public Utilities to the Dubuque Regional Airport:
PROPERTY °
OWNER(S)
APPRAISED
VALUE
Part of Parcel 101 / 102 as described on
Exhibit A and Exhibit B attached
O'Rourke Farms, LLC
$ 35,890.00
Part of Parcel 103 as described on Exhibit C
attached
William D. Tracy, Craig Tracy and Kay J.
Tracy
$ 14,656.00
Part of Parcel 104 as described on Exhibit D
attached
Patricia Furuseth
$ 6,951.00
Reimbursement for Walnut and Spruce
Trees
Patricia Furuseth
$ 17,065.75
Part of Parcel 105 as described on Exhibit E
attached
O'Rourke Farms, LLC
$ 25,056.00
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 Extension of
Public Utilities to the Dubuque Regional Airport 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.
Roy D.:,/oI, Mayor
Attest:
2
EXHIBIT A
PARCEL NO. 101
PERMANENT UTILITY EASEMENT DESCRIPTION
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND
FIBER OPTIC CABLE UTILITIES LOCATED IN THE NORTHWEST QUARTER (NW 1/4)
OF SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Northwest (NW) Corner of said Section 13; thence N 87°55'02" E
1417.50 feet along the North Line of the NW 1/4 of said Section 13 to the Point of
Beginning; thence continuing N 87°55'02" E 20.00 feet along said North Line; thence S
02°29'54" E 129.38 feet; thence 229.98 feet Southeasterly along a 1140.00 foot radius
curve concave Easterly and having a 229.59 feet chord bearing S 08°16'39" E; thence S
14°03'25" E 266.67 feet; thence S 09°11'37" W 185.13 feet; thence S 20°26'37" W
70.62 feet; thence S31°41'37" W 101.98 feet; thence S 08°51'41" W 44.91 feet; thence
S 02°23'19" E 39.36 feet; thence N 56°10'48" E 362.38 feet; thence N 58°17'06" E
374.06 feet; thence N 45°24'42" E 369.94 feet; thence N 02°26'23" E 399.94 feet;
thence N 44°50'44" E 13.59 feet to a point on the North Line of said Section 13; thence
N 87°55'02" E 29.29 feet along said North Line; thence S44°50'44" W 27.22 feet;
thence S 02°26'23" W 400.06 feet; thence S 45°24'42" W 380.06 feet; thence S
58°17'06" W 375.94 feet; thence S 56°10'48" W 374.24 feet; thence S 02°23'19" E
268.67 feet; thence S 33°02'10" W 84.98 feet to a point on the easterly right-of-way line
of US Highway 61 & 151; thence N 31°52'25" W 44.13 feet along said easterly right-of-
way line; thence N 43°03'14" E 44.76 feet along said easterly right-of-way line; thence
N 02°10'57" W 268.24 feet along said easterly right-of-way line; thence N 56°10'48" E
21.23 feet; thence N 02°23'19" W 53.55 feet; thence N 08°51'41" E 50.92 feet; thence
N 31°41'37" E 104.05 feet; thence N 20°26'37" E 66.68 feet; thence N 09°11'37" E
179.05 feet; thence N 14°03'25" W 262.55 feet; thence 234.02 feet Northerly along a
1160.00 foot radius curve concave Easterly and having a 233.62 feet chord bearing N
08°16'39" W; thence N 02°29'54" W 129.52 feet to the Point of Beginning. Said
easement contains 1.50 acres including and subject to all easement of record.
NOTE: The North Line of the NW 1/4 is assumed to bear N 87°55'02" E.
3
EXHIBIT B
PARCEL NO. 102
PERMANENT UTILITY EASEMENT DESCRIPTION
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND
FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 1 AND LOT 3 OF THE
SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) AND
LOT 1 OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH
PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY
DESCRIBED AS FOLLOWS:
Commencing at the Southwest (SW) Corner of said Section 13; thence N 02°19'22" W
1469.39 feet along the West Line of said Section 13 to the Point of Beginning; thence
continuing N 02°19'22" W 26.87 feet along said West Line; thence N 45°46'18" E
203.43 feet; thence N 35°53'39" E 653.67 feet; thence N 47°36'33" E 363.46 feet;
thence N 12°25'44" E 115.09 feet; thence N 39°31'57" E 107.53 feet; thence N
25°17'00" E 129.56 feet; thence N 14°36'27" E 286.71 feet; thence N 14°33'30" W
300.35 feet; thence 246.40 feet Northerly along a 705.00 foot radius curve concave
Easterly and having a 245.15 feet chord bearing N 04°01'37" E; thence N 23°42'05" E
103.46 feet; thence S 37°40'34" W 480.21 feet; thence S 40°13'12" W 399.84 feet;
thence S 35°50'57" W 451.01 feet; thence S 51°40'52" W 275.19 feet; thence S
38°00'52" W 10.77 feet to a point on the West Line of said Sectionl3; thence
N 02°19'22" W 27.87 feet to a point of the Southeasterly right-of-way line of US
Highway 61 & 151; thence N 51°40'52" E 266.50 feet; thence N 35°50'57" E 448.99
feet; thence N 40°13'12" E 400.16 feet; thence N 37°40'34" E 502.15 feet; thence
N 33°02'10" E 121.67 feet to a point on the Easterly right-of-way line of US Highway 61
& 151; thence N 77°00'06" E 50.47 feet along said Easterly right-of-way line; thence S
33°02'10" W 38.21 feet; thence S 28°32'57" W 240.03 feet; thence S 04°03'28" W
237.47 feet; thence S 17°27'07" E 278.65 feet; thence S 14°36'27" W 322.41 feet;
thence S 25°17'00" W 133.92 feet; thence S 39°31'57" W 105.21 feet; thence S
12°25'44" W 116.61 feet; thence S 47°36'33" W 367.75 feet; thence S 35°53'39" W
653.35 feet; thence S 45°46'18" W 223.10 feet to the Point of Beginning. Said
easement contains 2.14 acres including and subject to all easement of record.
NOTE: The West Line of the SW 1/4 is assumed to bear N 02°19'22" W.
4
EXHIBIT C
PARCEL NO. 103
PERMANENT UTILITY EASEMENT DESCRIPTION #1
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND
FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE
SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE
2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, AND
MORE COMPLETELY DESCRIBED AS FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14; thence N 02°19'22" W
1469.39 feet along the East Line of said Section 14 to the Point of Beginning; thence
continuing N 02°19'22" W 49.03 feet along said East Line to a point on the South Line
of Lot A of Lot 2 of Lot 2 of said SE 1/4; thence S 26°04'49" W 168.21 feet along said
South Line; thence S 39°36'57" W 182.98 feet along said South Line; thence S
58°35'29" W 261.63 feet along said South Line; thence S 69°47'09" W 187.78 feet
along said South Line; thence S 36°22'21" W 431.96 feet along said South Line; thence
N 72°38'44" W 312.44 feet along said South Line; thence 248.89 feet Southwesterly
along a 800.00 foot radius curve concave Southeasterly and having a 247.89 feet chord
bearing S 40°25'29" W along said South Line; thence S 35°16'20" W 286.50 feet along
said South Line to a point on the Easterly right-of-way line of US Highway 61 & 151;
thence 18.75 feet Southerly along a 922.00 foot radius curve concave Easterly and
having a 18.75 feet chord bearing S 11°39'26" W along said right-of-way line; thence N
90°00'00" E 15.25 feet; thence N 35°16'20" E 38.02 feet; thence S 01°24'09" W
409.52 feet; thence S 02°12'43" E 18.24 feet to a point on the South Line of said Lot 2
of Lot 2; thence N 87°24'30" E 20.00 feet along said South Line; thence N 02°12'43" W
17.49 feet; thence N 01°24'09" E 438.61 feet; thence N 35°16'20" E 221.67 feet;
thence 232.28 feet Northeasterly along a 780.00 foot radius curve concave
Southeasterly and having a 231.42 feet chord bearing N 39°59'43" E; thence S
72°38'44" E 315.52 feet; thence N 36°22'21" E 440.22 feet; thence N 69°47'09" E
183.73 feet; thence N 58°35'29" E 266.94 feet; thence N 39°36'57" E 188.70 feet;
thence N 27°34'25" E 127.50 feet to the Point of Beginning. Said easement contains
1.16 acres including and subject to all easement of record.
PARCEL NO. 103
PERMANENT UTILITY EASEMENT DESCRIPTION #2
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER AND
FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE
SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE
2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, AND
MORE COMPLETELY DESCRIBED AS FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14; thence N 02°19'22" W
2403.31 feet along the East Line of said Section 14 to the Point of Beginning; thence
continuing N 02°19'22" W 30.90 feet along said East Line to a point on the
Southeasterly right-of-way line of US Highway 61 & 151; thence S 38°00'52" W 860.91
feet along said Southeasterly right-of-way line; thence N 45°40'36" E 150.00 feet;
thence N 38°00'52" E 688.70 feet to the Point of Beginning. Said easement contains
0.36 acres including and subject to all easement of record.
NOTE: The East Line of the SE 1/4 is assumed to bear N 02°19'22" W.
5
EXHIBIT D
PARCEL NO. 104
PERMANENT UTILITY EASEMENT DESCRIPTION
A PERMANENT UTILITY EASEMENT, TWENTY (20) FEET IN WIDTH, FOR
SANITARY SEWER LOCATED IN LOT 4 OF FURUSETH'S SUBDIVISION, IN LOT 33
OF FURUSETH'S SIXTH ADDITION AND IN LOT 2 OF FURUSETH'S EIGHTH
ADDITION OF SECTION 23, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH
PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, TEN (10) FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
Commencing at the Northwest (NW) Corner of the Northeast Quarter (NE 1/4) of said
Section 23; thence N 87°24'30" E 1189.47 feet along the North Line of the NE 1/4 of said
Section 23 to the Point of Beginning; thence S 02°13'54" E 382.13 feet; thence S
04°25'28" E 402.17 feet; thence S 03°19'27" W 330.00 feet; thence S 06°59'30" W
305.00 feet; thence S 74°37'39" W 38.77 feet to a point on the East right-of-way line of
Elmwood Drive and there terminating.
Said easement contains 0.67 acres including and subject to all easement of record.
NOTE: The North Line of the NE 1/4 is assumed to bear N 87°24'30" E.
6
EXHIBIT E
PARCEL NO. 105
PERMANENT INGRESS -EGRESS EASEMENT DESCRIPTION
A PERMANENT INGRESS -EGRESS EASEMENT, 30.00 FOOT IN WIDTH, LOCATED IN
THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF
SECTION 23, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, BEING 15.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
Commencing at the Northwest (NW) Corner of the Southwest Quarter (SW 1/4) of said
Section 23; thence S 02°05'55" E 185.33 feet along the West Line of said Section 23 to a
point on the South Right -of -Way Line of US Highway 151; thence N 81°42'54" E 284.66
feet along said South Right -of -Way Line to the Point of Beginning; thence S 32°36'20" W
19.84 feet; thence S 81°42'54" W 258.21 feet parallel to and 15.00 feet perpendicularly
distant from said South Right -of -Way Line; thence S 02°05'55" E 655.58 feet parallel to and
15.00 feet perpendicularly distant from the West Line of the Southwest Quarter (SW 1/4) of
said Section 23; thence S 85°10'04" E 76.47 feet; thence S 53°34'15" E 112.75 feet;
thence S 87°03'58" E 35.06 feet; thence N 67°39'19" E 72.61 feet; thence N 89°46'57" E
98.48 feet; thence S 82°40'11" E 126.40 feet; thence N 89°37'06" E 137.93 feet; thence S
74°34'02" E 49.10 feet; thence S 89°37'00" E 44.28 feet; thence N 35°50'21" E 39.45 feet;
thence N 12°50'56" E 62.26 feet; thence N 75°58'17" E 36.70 feet; thence S 58°25'39" E
72.11 feet; thence S 83°54'58" E 52.93 feet; thence S 66°17'33" E 54.57 feet; thence S
75°58'17" E 86.98 feet; thence N 48°24'11" E 26.29 feet; thence N 32°25'19" E 46.12 feet;
thence N 66°46'28" E 83.12 feet; thence S 27°17'22" E 109.01 feet to a point on the
Northerly Line of a City of Dubuque permanent utility easement and there terminating. Said
ingress -egress easement contains 1.62 acres including and subject to all easement of
record.
NOTE: The West Line of the SW 1/4 is assumed to bear S 02°05'55" E.
PARCEL NO. 105
PERMANENT UTILITY EASEMENT DESCRIPTION
A PERMANENT UTILITY EASEMENT FOR A SANITARY SEWER LINE LOCATED IN THE
SOUTHWEST QUARTER (SW 1/4) OF SECTION 23, TOWNSHIP 88 NORTH, RANGE 2
EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE
COMPLETELY DESCRIBED AS FOLLOWS:
Commencing at the Southwest (SW) Corner of said Section 23; thence N 88°09'41" E
1166.25 feet along the South Line of said Section 23 to the Point of Beginning; thence N
14°50'06" E 497.76 feet; thence N 00°05'59" W 497.31 feet; thence N 15°49'56" W 659.09
feet; thence N 44°13'04" E 402.28 feet; thence N 77°09'08" E 244.30 feet; thence N
56°54'44" E 310.73 feet; thence N 37°04'21" E 189.47 feet; thence N 48°13'29" E 49.51
feet to a point of the Southwesterly right-of-way line of US Highway 61 & 151; thence 20.03
feet Southeasterly along a 1056.00 foot radius curve concave Southwesterly and having a
20.03 feet chord bearing S 38°49'34" E along said Southwesterly right-of-way line; thence S
48°13'29" W 46.53 feet; thence S 37°04'21" W 191.01 feet; thence S 56°54'44" W 317.79
feet; thence S 77°09'08" W 241.96 feet; thence S 44°13'04" W 384.81 feet; thence S
15°49'56" E 650.30 feet; thence S 00°05'59" E 502.69 feet; thence S 14°50'06" W 494.39
feet to a point on the South Line of said Section 23; thence S 88°09'41" W 20.88 feet to the
Point of Beginning. Said easement contains 1.30 acres including and subject to all
easement of record.
NOTE: The South Line of the SW 1/4 is assumed to bear N 88°09'41" E.
7
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
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 $129.27.
Subscribed to before m ; otary Public in and for Dubuque County, Iowa,
this 9 day of , 20 /
Notary Public in and for Dubuque County, Iowa.
STERPEYER�
Commission Number 154585
My Comm. Exp. FEB. 1, 2017
CAtiLt u lit! I rt D LU proceea wrtn trie
GATED IN THE NORTH above-described proj-
WEST QUARTER (NW ect and commence the
/4) OF SECTION 13, acquisition of property
TOWNSHIP 88 NORTH, for the project, the City
RANGE 2 EAST OF THE Council will be re -
5TH PRINCIPAL MERI- quired to approve the
according o
DIAN DUBUQUE COON project and authorize
TY IOWA t acquisition of private
the United States Gov- property: (permanent
ernment Survey and and temporary ease -
the recorded plats menu) for the project
thereof, subject to by Council resolution.
highway and ease- The City Council is
menu of record; scheduled to consider
Parcel 102. A'PERMA- adoption of the resolu-
NENT UTILITY EASE- tion ait said meeting
MENT FOR WATER foliowing the public
MAIN, SANITARY SEW- hearing.;
ER AND FIBER OPTIC If the project is ap
CABLE UTILITIES LO- proved by the 'City
CATED IN LOT 1 AND Council, a certified ap
LOT 3 OF THESOt1TH- praiser retained by the
WEST QUARTER (SW City will'determme the
1/4) OF THE NORTH- compensation (in com-
WEST QUARTER (NW ! pliance iwith Federal
1/4) AND LOT 1 OF THE regulations and Iowa
NORTHWEST QUARTER Department of Trans -
(NW 1/4) QF THE portation right-of-way
SOUTHWEST QUARTER acquisition policies and
(SW 1/4) OF SECTION procedures) to be paid
13 TOWNSHIP 88 for property or Nroper
NORTH, RANGE 2 EAST ty interests that are
OF THE STHPRINCIPAL needed for the project.
MERIDIAN, DUBUQUE The City will offer no
COUNTY, IOWA, ac- less than the appraised
cording to the United value and will attempt
States Government to purchase only) the
Survey and the record- needed property by
ed plats thereof, sub- good faith negotia-
ject ;to highway and tions. If the City is un -
easements of record; able to acquire proper -
Parcel 103. A'PERMA- ties needed for the
NENT UTILITY EASE project by negotiation,
MENT FOR WATER the City will acquire
MAIN, SANITARY SEW- those properties by
ER AND FIBER OPTIC condemnation.
CABLE UTIL TIES LO- 4. CONTACT PER -
GATED IN LOT 2 OF LOT SON.
2 OF' THE SOUTHEAST Persons desiring fur -
QUARTER (SE 1/4) OF f they information re-
N- ,gartling the proposed
SECTION 14, TOW
SHIP 88 NORTH; RANGE ; public improvement
5TH i
PR NCIPAL MERIDIAN, the properties identi-
2 EAST OF THE
DUBUQUE COUNTY, 10- 1 fiedproject aboveorits maympact contact
WA, according to the by mail Assistant City
Un ted States Govern- Engineer, Robert
ment' Survey and the Schiesl, 50 West 13th
recorded plats thereof;. St., Dubuque, Iowa
subjectto highway and 52001,!or by telephone
easements of record; at (563) 589-4270.
Parcel 104. A PERMA- 5. STATEMENT OF
NENT' UTILITY' EASE- (R GHTS.
MENT, TWENTY (20) Just as the law grants
FEET IN WIDTH, FOR certain entities the
SANITARY SEWER LO- right to acquire private
CATED IN LOT 4 OF property, you as the
SION,
FURUSETH'S SUBDIVI- IN LOT 33 owner of propertyrights. have
certain
FURUSETH'S SIXTH AOFD have the right to
D TION AND IN LOT 2 a. Receive just nom
OF FURUSETH S pensation for the ak-
EIGHTH ADDITION OF ng of property. (Iotwa
SECTION 23, TOWN- Const., Article I, Sec -
SH P 88 NORTH, RANGE t on 18)
2 EAST OF THE 5TH b. An offer to pur-
PR NCIPAL MERIDIAN, chase which may not
DUBUQUE COUNTY, 10- be less than the lowest
WA, according to the appraisal of the fair
United States Govern- market value of the
ment Survey and the property, (Iowa Code
recorded plats thereof; §§ 68.45, 69e
subject to highway and c. Receive a copy of
easements of record; the appraisal and; re -
Parcel 105. A PERMA- viewappraisal, upon
NENT INGRESS -EGRESS which the acquiring
EASEMENT, 30.00 FOOT agency's deterrnina-
IN NWIDTH, LOCATED N tion of just compensa-
THE NORTHWEST tion is based not less
QUARTER (NW 1/4) OF than 10 days before be -
THE SOUTHWESTng contacted by the
QUARTER (SW 1/4) OF acquiring agency's ac -
SECTION 23, TOWN- quisition agent. ( Iowa
SHIP 88 NORTH, RANGE Code §6B.45)
2 EAST OF THE 5TH d. When an appraisal
PRINCIPAL MERIDIAN, s required, an oppor
DUBUQUE COUNTY, 10- tunity to accompany at
WA, according to the east one appraiser of
Un ted States Govern- (the acquiring agency
ment'+Survey and the who appraises your
recorded plats thereof; property.;(Iowa Code
subject to highway and §66.54)
easements of record; e.rt
icipate in good i
and faith negotiations with
Under the provisions the acquiring agency
of of ttui
waChapter Code, a govern-
o- agencybefore begins cringon
mental bod.0
which idemnationhe proceed -
proposes to6B acquire Ings. (Iowa Code
agr cultural Iand under §6B.3(1))
power of eminent do- f. If you cannot agree'
man for a public im- on a purchase price
provement project is '
required to give notice 'agency, a determna
of intent to commence tion of just compensa
the project to all own- tion by an impartial
ers of such agricultural compensation commis
land W_113se properties '(Sion and the right to'
may ,e acquired in appeal its award to dis-
whole' or in part for the trict court. Oowa Code
pro'ect. Se
§§ 6A21(a
1 DESC
e Iowa Code §§ 68.4, 6B.7, and
), 6B.2A.
6g.018.)
Payment OF " g. Payment of the
THE PROJECT. agreed upon purchase
NOTIICE IS HEREBY price, or if condemned,
GIi7EN to the above a deposit' of the com-
itlentified owners of pensation collo:
ommision
agr cultural and that award before you are
the City Council of the irequired 'to surrender
City of Dubuque will rpossession of the prop-
consider authorizing erty. (Iowa Code §§
the commencement of 68.25 and 68.54(11))
a project to construct h. Reimbursement for
the extension of public expenses' incidental to
util ties to the Dubuque transferring title to the
Reg oral Airport and acquiring; agency. (lo -
related facilities. wa Code §§ 66.33 and
2. PRIVATE PROPER- 6Br e ))
TY MAY BE AC- 1. Reimbursement of
relate D BY PUR- 'certain litigation ex -
QCHASE OR CONIDEM- penses: (1) if the
NATION. award of the compen-
if the above described sation commissioners
pro ect is approved by ;exceeds 110 percent of
the City Council, the the acquiring agency's
City will be required to f nal offer before con -
acquire property (per- demnation; and (2) if
manent and temporary the award on appeal in
easements) for the court is more than' he
pro ect improvements. compensation commis -
Upon review of Dubu- sinner's award. (Iowa
que County property Code § 68.33)
records, it appears that j. At (east 90 days
aorcultural land own- written notice to'Iva-
ed by the above identi-
may have
q din whole
or in part for the proj-
ect The City will at-
tempt to purchase the
required agricultural
Iand by good faith ne-
got ations, and it may
condemn those proper-
ties which it is -unable
to purchase. The pro-
posed location of the
above' described public
improvement sshown
on a conceptual draw-
ing of the project
which' is now on file in
the office of the City
Engineer and available
fnr.ni11.l,n mcnnr+inn ._
fied persons
to be ac vire
nate occupied proper
ty. (Iowa Code' §
66.54(4))
k. Relocation services
and payments, if you
are eligible to receive
them, and the right to
appeal your elig bility
for and amount of pay-
ments. (Iowa Code
§316.9)
The rights set out in
this Statement are not
claimed to be afull'and
complete' list or lex-
planation'of an owner's
rights under flaw
They are `derivedthe fro
Iowa Code Chapters
.
6A, 66 antl 316. For a
:morn +hnrnunh nrccna_
CITY OF DUBUQUE
OFFICIAL NOTICE
NOTICE OF INTENT
TO COMMENCE A
proposes to acquire ings. (Iowa Code
agricultural land under §6B.3(1))
power of eminent do- f. If you cannot agree
main fora public im- ton a purchase price
provement project is with the acquiring
required to give notice agency, a determine -
of intent to commence tion of just compensa-
the project to all own- tion by an impartial
ers of such agricultural compensation commis -
land whose properties sion and the right to
may be acquired in appeal its award to de or in part for the trict court. (Iowa Code
project. See Iowa Code §§ 68.4, 68.7, and
§§ 6A.21(a), 6B 2A. GL18)
J. DESCRIPTION OF g. Payment of the
THE PROJECT.' agreed upon purchase
NONCE IS HEREBY price, or if condemned,
GIVEN to the above a deposit of the orn-
identified owners of ensation commission':
p
agricultural land that award before youi are
the City Council of the required to surrender
City of Dubuque will possession of the prop-
consider authorizing ',erty. (Iowa Code §§
the commencement of 6B.25 and 6B.54(11))
a project to construct h. Reimbursement for
the extension of public expenses incidental to
utilities to the Dubuque transferring title to the
Regional Airport and acquiring agency. (l_:}
o-
related facilities. wa Code' §§ 68.33 and
2. PRIVATE PROPER- 68.54(10))
TY MAY DE AC- i. Reimbursement of
QUBRED BY' PUB- certain litigation ex -
CHASE OR CONDEM- penses: (1) if the
NATION. award of the compen-
If the above described sation commissioners
project is approved by exceeds 110 percent of
the City Council, the 'the acquiring agency's
con -
(2) if
easements) for the court is more than the
project improvements. compensation commis-'
Upon review of Dubu- sinner's award. (Iowa
que County property Code § 6B.33)
records, it appears that j. At least 90 days
agricultural land own- written notice to va-
ed by the above identi- Cate occupied proper -
fled persons may have y. (Iowa Code §
to be acquired in whole 168.54(4))!
or in part for the Proj-
ect.
k. Relocation services
ect. The City will at- and payments, if you
tempt to purchase the are eligible to receive
required agricultural them, and the right to
land by good faith ne- appeal your eligibility'
gotiations, and it may for and amount of'pay-
condemn those proper mems. '(Iowa Code
ties which it isi unable §316.9)
to purchase. The pro The rights set out in
posed location of the this Statement are not
above described public claimed to be afufl and
ce tua draw- lanation' of an owner's
City will be required to ' final offer before
ac uire ro ert (per_ demnation; and
manent and temporary ;the award en appeal in
improvement is shown complete list or ex-
on a con p ] p
ing of the project rights under the law.
which' is now on file in They are' derived from
the office of the City ; Iowa Code Chapters
Engineer and available 6A,'6B and 316. For a
CESS TO more an owner's
for public inspection. more their
ough presen
3. CITY PRD
DECIDE TO PROCEED rights, you should refer
WITH THE PROJECT di
AND TO ACQUIRE Code
rectly or contacttothe anfovea-
at
PROPERTY CITY torney of your choice
PUIP
MENTBLIC PROJMECTROVE-
FOR COUNCIL ACTION RE -
THE EXTENSION OF QUIRED TO PROCEED
PUBLIC UTILIT ES TO WITH PROJECT; OP -
THE DUBUQUE BE- PORTUNITY FOR PUB-
GIONAL AIRPORT LBC INPUT.
AND TO ACQUIRE AD -
This Notice is given by
authority of the !City
Council of the City of
Dubuque,Iowa.
Kevin S. Firnstahl,
City Clerk
n rnakmg the oecl-
BICULTURAL LAND sion to proceed with
FOB THE PROJECT the above described
TO:.Owners and Bas@ project and 'to author -
known address ®f ize the acquisition of
owner of afffecied property (permanent
Based: and temporary ease-'
O'Rourke Farms, LLC mems) and property
(Parcel 101), 9491 Olde interests, the City
Davenport 'Rd., Dubu- Council is required to
que, IA 52003 hold a public hearing,
O'Rourke Farms, LLC giving persons inter -
(Parcel 102),9491 Olde ested'in the proposed-
Davenport Rd., Dubu- project the opportunity
que,IA 52003 to present their views'
William Tracy (Parcel regarding the project,
103), 8525 US 20 West, and regarding the Nro-'
Craig Tracy'East Dubu- posed' acquisition of
que, IL 61025 property (permanent'
Kay J. Tracy and temporary ease -
Patricia, Furuseth mems) for the project.'
(Parcel 104), 2165 N The public hearing on'
Grandview Ave., Dubu- the project will be held
que, IA 52001 during the City Coun-
O'Rourke Farms, LLC cil's regularly sched-
(Parcel 105); 9491 Olde uled meeting on the
Davenport Rd., Dubu- 21st day of July,;2014 at
que, IA 52003 the Historic Federal
Legal Desv1ptlaens:! Building Council Cham -
Parcel 101. A PERMA- bers ' (second floor),
NENT UTILITY EASE- 350 West 6th Street,
MENT FOR WATER Dubuque, Iowa, Com
MAIN SANITARY SEW- mencng at 6:30 p.m. In
ER AND FIBER OPTIC
order for the City to