Property Acquisition - The Barony, Inc. Copyright 2014
City of Dubuque Consent Items # 18.
ITEM TITLE: Property Acquisition -The Barony, Inc.
SUMMARY: City Manager recommending approval of a resolution
establishing and setting the fair market value based on the
certified Acquisition Appraisal and Review Appraisal for
property owned by The Barony, Inc. to be acquired for the
purpose of construction of public utilities.
RESOLUTION Establishing Fair Market Value, Directing
Good Faith Negotiations, and Authorizing the
Commencement of Eminent Domain Proceedings for the
Acquisition of Certain Real Property Owned by The Barony,
Inc. in Dubuque County, Iowa for the Purpose of
Construction of Public Utilities
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Barony Inc Proprty Acquisition-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: The Barony Inc. Property Acquisition
DATE: June 1, 2016
Assistant City Attorney Crenna Brumwell recommends the City Council approve a
resolution establishing and setting the fair market value based on the certified
Acquisition Appraisal and Review Appraisal reports at $44,500 for property owned by
The Barony Inc. to be acquired for the purpose of construction of public utilities. The
resolution also authorizes staff to begin good faith negotiations with the 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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: June 1 , 2016
RE: The Barony Inc. Property Acquisition
Attached please find a resolution establishing and setting the fair market value based on
the certified Acquisition Appraisal and Review Appraisal reports for property owned by
The Barony Inc. to be acquired for the purpose of construction of public utilities. The
resolution also authorizes staff to begin good faith negotiations with the 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
purpose of construction of public utilities. f,
request that the resolution is reviewed and forwarded to the City Council for
consideration and approval. Please let me know if you have any questions.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /FAx (563)583-1040/EMAIL cbrumwel@cityofdubuque.org
RESOLUTION NO. 209-16
ESTABLISHING FAIR MARKET VALUE, DIRECTING GOOD FAITH
NEGOTIATIONS, AND AUTHORIZING THE COMMENCEMENT OF EMINENT
DOMAIN PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY
OWNED BY THE BARONY INC. IN DUBUQUE COUNTY, IOWA FOR THE PURPOSE
OF CONSTRUCTION OF PUBLIC UTILITIES
Whereas, the City of Dubuque (City) intends to acquire certain real property
owned by The Barony Inc. (Owner) legally described as follows:
Lot A of Goldthorp Place in the County of Dubuque, Iowa;
Lot B of Goldthorp Place in the County of Dubuque, Iowa;
Lot C of Goldthorp Place in the County of Dubuque, Iowa;
Lot D of Goldthorp Place in the County of Dubuque, Iowa
(the Property) as shown on Attachment A for the purpose of construction of public
utilities; and
Whereas, the City has caused an appraisal of the Property to be made and the
appraised value of the Property is $44,500.00; and
Whereas, the City Council now desires to establish the fair market value of the
Property; and
Whereas, Iowa law requires the City to make a good faith effort to negotiate with
the Owner to purchase the Property before proceeding with condemnation.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The fair market value of the Property is hereby established to be
$44,500.00.
Section 2. The City of Dubuque is hereby authorized to commence negotiations
with the Owner of the Property and any other interested parties for the purchase of the
Property for a purchase price which is not Tess than the fair market value established by
this Resolution.
Section 3. If good faith negotiations are unsuccessful, the City of Dubuque is
hereby authorized to commence eminent domain proceedings for the acquisition of the
Property for the purpose of construction of public utilities.
Passed, approved, and adopted this 6th day ne, 2016.
Ric W. Jones, M,'or Pro -Tem
Attest:
Kevin S(Firnsfahl,'City Clerk
Attachment A
Reserved for Recorder
Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270
PLACE NCI. DOL. rvo.mar.leans
Iu4f.. No=°
DERBY GRANGE RD. 104' ROW Seg• Ora9w 3333•
NOTE
THIS SURVEY IS LOCATED IN THE
SW 1/4 SECTION 9, T69N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M., DUBUQUE
COUNTY, IOWA
ARC /5191.69
CHORD 599)567'W.17 (910,.3155.37 )
NB13''
CENTRAL ANGLE B. 13' 07'
' •1
LOT OF SU. OP LOT 1 OF RWKmPaee,o9 r5TNe
LOTA OF GOLDTHORP PLACE
12,264 SQ. FT. (028 ACRES)
�Fr \ NORTH LINE
9099/9 GOLOT2I6 PACEPLACE
2
PER PLATGOOk26 PAGER
O FOUND IRON ROD/PIPE AS SHOWN
p SET 5/8" REBAR WITH YELLOW SSW zrze•w 39+67.
PLASTIC CAP #18128
R.O.W. RIGHT OF WAY
(10/0.00') RECORDED DIMENSION
/
LINE BREAK
ADJACENT PROPERTY LINE
— — — — RIGHT OF WAY LINE (EXISTING)
® FOUND MAG NAIL/MASONRY
NAIL
NEC 51.29•E
aRC 0=19527.
-9000 (92230)
CHORD NW 12.17w 194.96
01670)05515/5175951'
PER P1,8001,10
PACE 288
RUGBY COURT 66' ROW
LOT B OF GOLDTHORP PLACE
5,165 SQ. FT. (0.12 ACRES)
LGv
NORTH DNE
m\ � OF LOT 1.2 GOLGhIORP RADEPL
\\` PER AT BOOK 37. PAGE 195
F R°N PE
P,aEaaa T.
�0
\�
,RON PIPE
E
s pRv
\1 PA°6 s 114:1==a
9„EaEy= waF°R PURPOSES
OP I
LOT C OF GOLDTHORP PLAC
10,520 SQ. FT. (0.24 ACRES)
NORTH
0 50' 100'
SCALE 1" = 100' FEET
NOTES;
200'
1. ALL MEASUREMENTS ARE IN FEET
AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED
LOT: BARONY, INC.
3. SURVEY REQUESTED BY: C/1/ OF
DUBUQUE, 50 W. 13TH 5T. DUBUQUE,
IOWA
4. TOTAL AREA OF PERIMETER
SURVEYED IS 49.413 SQUARE FEET
5. THIS PLAT 15 SUBJECT TO ALL
EASEMENTS OF RECORD AND NOT OF
RECORD.
6. DATE OF SURVEY: 03.23.2016
NORTH LINE5
PE5-2 LOT 24 GGLOTHORP PLACE
R PLAT G001(27 PAGE 195
NES2028'E 39
FO.1.IRON PI
LOT 1 OF SUS. Or LOT I OP SE
BOOK 20 plvaS.
Dubuque CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY NALL, SO l.9 S2001 -4064
2013th STREET
AAI -America City oueuQue. IA 1-4a 4
i I 593) 5GtlnW27D se315RG�°5
1 r OmnOY E RVK APPmred sy. MR PAn 13. OaW-3316
LOTS A, 5, C, & 0 GOLDTHORP PLACE
2007
0.IP.
1 Rost Norco 1 of 4
thereby certify CSC. land surnyin9doco,.or"sp0T ,d 133
the related survey work was performed Loyola or under my direst
personal supervision and Nat I em a duly Ilocwed Land
Surveyor under ma 12w3 of Ne Stahel' Iowa.
Forme Gly of Dubuque
41f-II-Z61t
Russell N. Meer Iowa bk. NA VHS Data
Sly license renewal data is amber 31,SS
Ryes or sheers covered by Cls each THIS PAGE ONIY
6.
NORTH UNE
OF LOT I GOLDTHORP PLACE
PER PLAT BOOK 26 PAGE 72
RC 1,53.9.3E'
37.EEE)
CHORD NV' 132-W 52340'
CENTRAL ANGLE 32.0620"
CITY OF DUBUQUE
ACQUISITION PLAT
COUNTY DUBUQUE PARCEL NO N/A JOE NO. N/A
PROJECT KENNEDY RD. ROW SECTION 9 TWP S9N RANGF 2E
ROW—FEE SEEABOVE EXIST. ROAD SEEABOVE PERM. EASEM'T N/A
LEGAL DESCRIPTION• PARTS OF LOTS 1, 1-2, 2-2, & 3 OF GOLDTHORP PLACE
OWNER BARONY, INC.
I -
OR\V�6f> ,DAN
Rnn'IRON
LOT D OF GOLDTHORP PLACE
21,496 SQ. FT. (0.49 ACRES)
-ARO0=61,.66 \
R=9:237.1922371
CN L27•a6' 565.13'
CENTRAL
91.AL ANGLE 31.4G 59•
r1'
LOT I-24 STEWART
N3E'50. 09S 3349•