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Southwest Arterial Project Property Acquisition - Parcel 149_Valentine Copyright 2014 City of Dubuque Consent Items # 12. ITEM TITLE: Southwest Arterial Project Property Acquisition -Valentine SUMMARY: City Manager recommending acceptance of the Warranty Deed and Grant of Easement for Parcel 149 owned by Ronald, Marlene, and Gary Valentine related to the Southwest Arterial Project. RESOLUTION Accepting a Deed for the Southwest Arterial Project from Ronald L. Valentine and Marlene Valentine, and Gary L. Valentine RESOLUTION Accepting a Grant of Permanent Utility Easement for the Southwest Arterial Project from Ronald L. Valentine and Marlene Valentine, and Gary L. Valentine SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Southwest Arterial Property Acquisition-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Accepting Warranty Deed Resolutions Warranty Deed Supporting Documentation Resolution Accepting Grant of Easement Resolutions Grant of Easement Supporting Documentation 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: Southwest Arterial Property Acquisition — June 20, 2016 City Council Agenda DATE: June 14, 2016 The City entered into a Purchase Agreement with Ronald L. Valentine, Marlene Valentine and Gary L. Valentine for the purchase of property for the Southwest Arterial Project. City Attorney Barry Lindahl recommends City Council acceptance of the Warranty Deed and Grant of Easement for this 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 HE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: June 14, 2016 RE: Southwest Arterial Property Acquisition — June 20, 2016 City Council Agenda The City entered into a Purchase Agreement with Ronald L. Valentine and Marlene Valentine, husband and wife, and Gary L. Valentine, a single person, for the purchase of property for the Southwest Arterial Project. Attached are the following resolutions accepting the Warranty Deed and Grant of Easement for this properties: 1. Parcel 149/ Ronald L. Valentine and Marlene Valentine, and Gary L. Valentine: • Resolution Accepting Grant of Permanent Utility Easement; • Resolution Accepting Warranty Deed I recommend that the resolutions be submitted to the City Council for consideration. BAL:tls Attachment cc: Gus Psihoyos, City Engineer Bob Schiesl, Assistant City Engineer F:\USERS\tsteckle\Lindahl\Southwest Arterial Condemnations\MVM_ValentinePropertyAcquisitionParcel149_062016Agenda_061416.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Tax Statement to: City of Dubuque, Iowa 50 W. 13th Street Dubuque, IA 52001 WARRANTY DEED 11 11 111 11 i 1111 1101111 Doc ID 008461590006 Type GEN Kind: DEED WITH RESOLUTION Recorded: 06/22/2016 at 03:20:01 PM Fee Amt: $49.00 Page 1 of 6 Revenue Tax: $12.00 Dubuque County Iowa John Murphy Recorder Fi1e2016-00007791 For the consideration of Ten Dollars ($10.00) and other good and valuable consideration, Ronald L. Valentine and Marlene Valentine, husband and wife, and Gary L. Valentine, a single person, do hereby convey to the City of Dubuque, Iowa, that part of the following described real estate in Dubuque County, Iowa: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA as shown on the Acquisition Plat attached hereto. The Grantors hereby covenant with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated. Dated this 9 o -ToA- - , 2016 at Dubuque, Iowa. RONALD L. VALENTINE B Pa -.S) z �.C.0 Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 149 Ronald & Gary Valentine MARLENE VALENTINE By:c7Voje,...) L)4,Z,„„ GARY L. VALENTINE By- NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this ` day of ZsuA.0-. , A.D., 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ronald L. Valentine and Marlene Valentine, husband and wife, and Gary L. Valentine, a single person, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. P«R r RYAN STRAIN Commission Number 739963 /owe My co mission Expires Not. ublic In and For Said State Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 149 Ronald & Gary Valentine NOI°17'14"W 112.38' PREPARED BY: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L. VALENTINE & GARY L. VALENTINE COUNTY PARCEL NO. 1503151003 PROJECT PARCEL NO. 149 NW COR SEC 3-88-2E FD SCM W LINE W FRL 1/2 NWI/4 SEC 3-88-2E N01 °17'14"W 3377.21' LOT I -I W FRL 1/2 NWI/4 SEC 3-88-2E S79°50'23"E 188.53' S70°01'07"E 208.56' S LINE W FRL 1/2 NWI/4 SEC 3-88-2E P.O.B. S88°49'02"W 379.14' WI/4 COR SEC 3-88-2E FD SCM LOT I NWI/4 SWI/4 SEC 3-88-2E DATE SIGNED 1/25/2016 I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under a la s. e State of Iowa. /-2r-201( H EL R. FAGLO Date License number 8505 My license renewal date is December 31.2016 Pages or sheets covered by this seal; SHEETS I AND 2 OF 2 AECOM NE COR NWI/4 SWI/4 SEC 3-88-2E FD I.P. W/CAP NO. 4016 S88°49'02"W 1312.52' LOT 2 NWI/4 SWI/4 SEC 3-88-2E LEGEND 447.75' M MEASURED 447.40' R = RECORD 0 100 200 300 400 SCALE IN FEET REVISED: 1/25/16 SHEET 1 OF 2 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L. VALENTINE & GARY L. VALENTINE COUNTY PARCEL NO. 1503151003 PROJECT PARCEL NO. 149 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 149 COUNTY PARCEL NO. 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 3; THENCE NORTH 01° (DEGREES) 17' (MINUTES) 14" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112.38 FEET; THENCE SOUTH 79°50'23" EAST, 188.53 FEET; THENCE SOUTH 70°01'07" EAST, 208.56 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88°49'02" WEST ON SAID SOUTH LINE, 379.14 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 24,657 SQUARE FEET OR 0.57 ACRE. RESOLUTION NO. 234-16 ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM RONALD L. VALENTINE AND MARLENE VALENTINE, AND GARY L. VALENTINE Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Ronald L. Valentine and Marlene Valentine, husband and wife, and Gary L. Valentine for the property legally described as follows: ; and A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA as shown on the Acquisition Plat attached hereto Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 20th day of Attest: une, 2016. Roy D. Buol Mayor Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 149 Ronald & Gary Valentine STATE OF IOWA CERTIFICATE of the CITY CLERK SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 234-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21st day of June, 2016. Kevin - Firnstahl, CM , City Clerk INEIRENERMEIMit i ilii ilii Doc ID 008461600004 Type GWH Kind: GROUNDWATER HAZARD Recorded: 06/22/2016 at 03:20:30 PM Fee Amt: $0.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder File2016-00001039 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Ronald L. and Marlene Valentine, and Gary L. Valentine Address 11426 Edval Lane Dubuque Iowa 52003 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 11426 Edval Lane Dubuque Iowa 52003 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property:Attach if necessary) A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST' FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, as shown on the attached plat. 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) aDN- 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. X This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. _ There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: pfror or ent) v3 — 4i!o 4)3 - Telephone No.: 50 5'4? 4..?/( FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) NO1°17'14"W 112.38' PREPARED BY: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L. VALENTINE & GARY L. VALENTINE COUNTY PARCEL NO. 1503151003 PROJECT PARCEL NO. 149 NW COR SEC 3-88-2E FD SCM W LINE W FRL 1/2 NWI /4 SEC 3-88-2E NOI °17'14"W 3377.21' S79°50'23"E 188.53' P.O.B. LOT I -I W FRL 1/2 NWI/4 SEC 3-88-2E S70°01'07"E 208.56' S88°49'02"W 379.14' WI/4 COR SEC 3-88-2E FD SCM LOT I NWI/4 SWI/4 SEC 3-88-2E DATE SIGNED 1/25/2016 1 hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that 1 am a duly Licensed Land Surveyor under e la e State of Iowa. /-2/-20ta H EL R. FAG Date License number 0505 My license renewal date is December 31.2016 Pages or sheets covered by this seal: SHEETS I AND 2 OF 2 AECOM /1-S LINE W FRL 1/2 NWI /4 SEC 3-88-2E 0 NE COR NW I /4 SWI/4 SEC 3-88-2E FD I.P. W/CAP NO. 4016 S88°49'02"W 1312.52' LOT 2 NWI/4 SWI/4 SEC 3-88-2E LEGEND 447.75' M MEASURED 147.,40 R = RECORD 100 200 300 400 SCALE IN FEET REVISED: 1/25/16 SHEET 1 OF 2 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L. VALENTINE & GARY L. VALENTINE COUNTY PARCEL NO. 1503151003 PROJECT PARCEL NO. 149 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 149 COUNTY PARCEL NO. 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 3; THENCE NORTH 01° (DEGREES) 17' (MINUTES) 14" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112.38 FEET; THENCE SOUTH 79°50'23" EAST, 188.53 FEET; THENCE SOUTH 70°01'07" EAST, 208.56 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88°49'02" WEST ON SAID SOUTH LINE, 379.14 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 24,657 SQUARE FEET OR 0.57 ACRE. A COM REVISED: 1/25/16 SHEET 2 OF 2 /III/IIl///III//IIIIIIII/II/I/llh/IJIIllhIllhI/I//Ij/I/I/IIjjjfi(//ii/jii/iJjiiii hili ilii ilii Doc ID: 008461580006 Type: GEN Kind: EASEMENT Recorded: 06/22/2016 at 03:19:02 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Fi1e2016"-00007790 Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 L&) 583 -LI t i3 Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 GRANT OF PERMANENT UTILITY EASEMENT For and in consideration of the sum of TEN ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Ronald L. Valentine and Marlene Valentine, husband and wife, and Gary L. Valentine, a single person, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, from the date hereof, a permanent utility easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH RM., COUNTY OF DUBUQUE, STATE OF IOWA, as more particularly shown on the Permanent Utility Easement exhibit attached hereto Said permanent utility easement shall be for the purpose of constructing, repairing, and maintaining utilities (the Work) for the Southwest Arterial Project, and other related appurtenances in accordance with the Plans and Specifications currently on file in the office of the City Engineer. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. It is understood and agreed that the City shall restore any disturbed area due to any construction. To have and to hold unto the said City of Dubuque, Iowa, forever and the undersigned does hereby expressly covenant that Ronald L. Valentine and Gary L. Valentine are the owners in fee of said real estate and has good right to execute this grant of easement, and that the City, its agents or contractors, shall at all times have free access to and egress from and over said real estate for any utilities located or to be located thereon or therein. Dated at Dubuque, Iowa this 14`` day of S..% , 2016. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 149 - Ron & Gary Valentine oo L 5 9 e)ex G'� RONALD L. VALENTINE GARY L. VALENTINE By: l%J.f7U.Lt Jq,ytJ/.� MARLENE VALENTINE NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 1 'E1\ day of 3-"v4,e_ , A.D., 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ronald L. Valentine and Marlene Valentine, husband and wife, and Gary L. Valentine, a single person, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. 2 Nota ublIn and For Said State PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L. VALENTINE & GARY L. VALENTINE COUNTY PARCEL NO. 1503151003 PROJECT PARCEL NO. 149 NW COR SEC 3-88-2E FD SCM W LINE W FRL I/2 NWI/4 SEC 3-88-2E N01 °17'14"W 3377.21' LOT I -I W FRL 1/2 NWI/4 SEC 3-88-2E ------------- WI/4 COR SEC 3-88-2E FD SCM LOT I NWI/4 SWI/4 SEC 3-88-2E DATE SIGNED 1/25/2016 DLANO y"` x s¢ 9'`= " �t MICN El l t i 0505 7, •' ' �`°„ �OWj, e, '"0j"""""."'"" I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I m o duly L ensed Land Spree yor unde the a 1 State of Iowa. / 125' 2a14 MICHAEL R. EAGLE Oate License nunber 8505 My Iicense renewal date Is December 31,2016 Pages or sheets covered by this seal; SHEETS 1 AND 2 OF 2 AECOM S LINE W FRL 1/2 NWI/4 SEC 3-88-2E NE COR NWI/4 SWI/4 SEC 3-88-2E FD I.P. W/CAP NO. 4016 \---588°49'02"W 1312.52' LOT 2 NWI/4 SWI/4 SEC 3-88-2E LEGEND 447.75' M = MEASURED 447.40' R i. RECORD 0 100 200 300 400 SCALE IN FEET SHEET 1 OF 2 • PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L. VALENTINE & GARY L. VALENTINE COUNTY PARCEL NO. 1503151003 PROJECT PARCEL NO. 149 BEARING j DISTANCE PERMANENT UTILITY EASEMENT 1 TO 2 N 01 °17'14" W 112.38' 2 TO 3 N 01 °17'14" W 30.61' 3 TO 4 S 79 ° 50 23 " E 197.19 4 TO 5 S 70 ° 01 07 " E 288.63 5 TO 6 S 88 ° 49 ' 02 " W 83.09 6 TO 7 N 70 ° 01 ' 07 " W 208.56 7 TO 2 N 79 ° 50 23 " W 188.53 DESCRIPTION: PERMANENT UTILITY EASEMENT PROJECT PARCEL NO. 149 COUNTY PARCEL NO. 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 01° (DEGREES) 17' (MINUTES) 14" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112.38 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 01°17'14" WEST ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 30.61 FEET; THENCE SOUTH 79°50'23" EAST, 197.19 FEET; THENCE SOUTH 70°01'07" EAST, 288.63 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88°49'02" WEST ON THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 83.09 FEET; THENCE NORTH 70°01'07" WEST, 208.56 FEET; THENCE NORTH 79°50'23" WEST, 188.53 FEET TO THE POINT OF BEGINNING. CONTAINING 13,244 SQUARE FEET OR 0.30 ACRE. RESOLUTION NO. 235-16 ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM RONALD L. VALENTINE AND MARLENE VALENTINE, AND GARY L. VALENTINE Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Ronald L. Valentine and Marlene Valentine, and Gary L. Valentine for the property legally described as: ; and A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, as more particularly shown on the Permanent Utility Easement exhibit attached hereto Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Permanent Utility Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Attest: Kevin S.. Firnstahl, Cit Jerk Passed, approved and adopted this 20th day of une, 2016. Roy D.`Buol(ayor Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 149 Ronald & Gary Valentine STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 235-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21st day of June, 2016. Kevin S. i irnstahl, Cm , ity Clerk -J L 1111111111111111111111111111111111111111111111111111 IijIIIIt Doc ID 008543270101 Type: GEN Kind: CONDEMNATION Recorded: 11/03/2016 at 01:46:06 PM Fee Amt: $507.00 Page 1 of 101 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2016-00014963 IN THE IOWA DISTRICT COURT FOR AND IN DUBUQUE COUNTY GARY VALENTINE Plaintiff v. THE CITY OF DUBUQUE, Defendant PETITION File No. TO: The City of Dubuque by Kevin Firnstthl, the City Clerk, 50 W. 13th St, Dubuque, IA 52001; Don A. Vrotos, Dubuque County Sheriff's Office, Dubuque Law Enforcement Center, 770 Iowa Street, PO Box 1004, Dubuque, IA 52004, Clerk of District Court, Dubuque County Courthouse, 720 Central Ave, Dubuque, Iowa 52001 Dubuque County, Iowa, c/o Denis Dolan, County Auditor, 720 Central Avenue, P.O. Box 5001, Dubuque, IA 52004-5001 Ron & Ellen Hartman, 8198 Jecklin Lane, Dubuque, IA 52003 1. Plaintiff appealed to the District Court of Dubuque County, Iowa, in accordance with Chapter 6B.18, Iowa Statutes, from the amount of compensation paid by Defendant the City of Dubuque ("Defendant") and stated in the Report of Compensation Commissioners dated June 10, 2016. The property is known as Parcel 150A and further described in the attached Exhibit A. 2. Defendant took possession of the property. 3. By taking the property, Plaintiff has been damaged by Defendant's taking of the property in a sum not less than $600,000. 4. Plaintiff reserves the right to amend this petition in the event damages exceed the amount in the above paragraph. WHEREFORE, Plaintiff requests that the Court enter an order ascertaining the amount of damages and further award plaintiff's attorney's fees and costs, including appraisal costs, under Chapter 68.33, Iowa Statutes. Dated: June 21,_2016 /s/ E. Kelly Keadv E. Kelly Keady, AT0004069 BIERSDORF & ASSOCIATES, P.C. 150 South 5th Street — Suite 3100 Minneapolis, MN 55402 612.339.7242 ATTORNEY FOR VALENTINE Doc ID. 008431790020 Type: GEN Kind: CONDEMNATION Recorded: 05/09/2016 at 04:27:25 PM Fee Fat: $102.00 Page 1 of 20 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Flle2016-00005320 RECORDER'S COVER SHEET APPLICATION FOR CONDEMNATION Preparer Information: Barry A. Lindahl, City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001, Telephone: (583) 583-4113 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Barry A, Lindahl, City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 Legal Description: See pages 1- 5 an attached Application for Condemnation Grantors: Ronald L. Valentine Gary L. Valentine Dubuque Southwest Arterial Project No. HDP - 2100 (879)--71-31 Parcel 149 Ronald & Gary Valentine Parcel 150a Gary Valentine Grantees: The City of Dubuque, Iowa IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant No. APPLICATION FOR CONDEMNATION TO: The Chief Judge of the First Judicial District YOU ARE HEREBY NOTIFIED that the Applicant, City of Dubuque, Iowa, desires to take, acquire° and condemn fee title and permanent and temporary easements to the property hereafter described. The Applicant desires to acquire the property sought to be condemned for the Southwest Arterial Project. 1. PROPERTY TO BE ACQUIRED; PUBLIC USE OR PURPOSE FOR THE TAKING. The property sought to be- acquired is for fee title and permanent and temporary easements for public improvements for the construction of the Southwest Arterial, a four -lane divided freeway between Highway 61/151 and Highway 20. LEGAL DESCRIPTION Parcel 149 — Ronald L Valentine & Gary L Valentine 1. Fee Simple Acquisition -149 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 149 COUNTY PARCEL NO. 1503151003 Dubuque Southwest Arterial Project No. HDP - 2100 (679)-71-31 Parcel 149 Ronald & Gary Valentine Parcel 150A Gary Valentine A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 3; THENCE NORTH 01 (DEGREES) 17' (MINUTES) 14" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112.38 FEET; THENCE SOUTH 79°50'23" EAST, 188.53 FEET; THENCE SOUTH 70°01'07" EAST, 208.56 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88°49'02" WEST ON SAID SOUTH LINE, 379.14 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD, HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 114 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 24,657 SQUARE FEET OR 0.57 ACRE. 1 is shown on Exhibit 1 attached hereto, 2. Permanent Utility Easement - 149 DESCRIPTION: PERMANENT UTILITY EASEMENT PROJECT PARCEL NO. 149 COUNTY PARCEL NO. 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 01° (DEGREES) 17' (MINUTES) 14" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112.38 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 01°17'14" WEST ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 30.61 FEET; THENCE SOUTH 79°50'23" EAST, 197.19 FEET; THENCE SOUTH 70°01'07" EAST, 288.63 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88°49'02* WEST ON THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 83.09 FEET; THENCE NORTH 70°01'07" WEST, 208.56 FEET; THENCE NORTH 79°50'23" WEST, 188.53 FEET TO THE POINT OF BEGINNING. CONTAINING 13,244 SQUARE FEET OR 0.30 ACRE. 2 is shown on Exhibit 2 attached hereto. Parcel 150A— Gary L. Valentine 3. Fee Simple Acquisition - 150A DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 150A COUNTY PARCEL NOS, 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01051'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 847.46 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01051'40" EAST ON SAID EAST LINE, 412.97 FEET; THENCE NORTH 66016'51" WEST, 174.37 FEET; THENCE NORTH 83018'04" WEST, 305.94 FEET; THENCE NORTH 70°25'45" WEST, 550.20 FEET; THENCE NORTH 66°26'17" WEST, 361.67 FEET; THENCE NORTH 71°59'29" VVEST, 390.03 FEET; THENCE NORTH 7200740" WEST, 305.86 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01"59'12" WEST ON SAD WEST LINE, 438.18 FEET; THENCE SOUTH 63°20'21" EAST, 262.65 FEET; THENCE SOUTH 68°0933' EAST, 396.92 FEET; THENCE SOUTH 74°51'14' EAST, 500.62 FEET; THENCE SOUTH 7601340" EAST, 270.74 FEET; THENCE SOUTH 71°13'02* EAST, 663.21 FEET TO THE POINT OF BEGINNING, HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3 AND OF LOT 1 IN VALENTINE PLACE NO, 3, ALL IN TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 811,533 SQUARE FEET OR 18.63 ACRES. COUNTY PARCEL NO. 1503300002 - LOT 2 OF THE NVV1/4 OF THE SW1/4, SEC. 3-88-2E, CONTAINS 257,035 SQUARE FEET OR 5.90 ACRES. COUNTY PARCEL NO. 1503127016 - LOT 1 OF VALENTINE PLACE NO. 3 CONTAINS 554,498 SQUARE FEET OR 12.73 ACRES. 3 is shown on Exhibit 3 attached hereto. 4. Temporary Easement - 150A DESCRIPTION: TEMPORARY EASEMENT PROJECT PARCEL NO. 150A COUNTY PARCEL NO. 1503300002 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 88° (DEGREES) 49' (MINUTES) 02" (SECONDS) EAST (ASSUMED BEARING FOR THE 3 PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 65626 FEET TO THE WEST LINE OF SAID LOT 2; THENCE SOUTH 01°5912" EAST ON THE WEST LINE OF SAD LOT 2, A DISTANCE OF 601.61 FEET; TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 72°07'40" EAST, 90.96 FEET; THENCE SOUTH 19°08'35" WEST, 62.91 FEET; THENCE NORTH 7003723" WEST, 67.52 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°5912" WEST ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 64.98 FEET TO THE POINT OF BEGINNING. CONTAINING 4.903 SQUARE FEET OR 0,11 ACRE. 4 is shown on Exhibit 4 attached hereto. 5. Permanent Utility Easement 1 -150A DESCRIPTION: PERMANENT UTILITY EASEMENT 1 PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO.3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3, THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 815.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01051'40" EAST ON SAID EAST LINE, 32.06 FEET; THENCE NORTH 71°13'02" WEST, 663.21 FEET; THENCE NORTH 76°13'40" WEST, 270.74 FEET; THENCE NORTH 74°51'14" WEST, 500.62 FEET; THENCE NORTH 68°09'330 WEST, 396.92 FEET; THENCE NORTH 63°20'21" WEST, 262.65 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 34.18 FEET; THENCE SOUTH 63°20'21' EAST, 277.78 FEET; THENCE SOUTH 68°09'33" EAST, 393.90 FEET; THENCE SOUTH 74°51'14" EAST, 498.51 FEET; THENCE SOUTH 76°131400 EAST, 271.69 FEET; THENCE SOUTH 71°13'02" EAST, 66322 FEET TO THE POINT OF BEGINNING. CONTAINING 62,838 SQUARE FEET OR 1.44 ACRES. 5 is shown on Exhibit 5 attached hereto. 6. Permanent Utility Easement 2 -15OA DESCRIPTION: PERMANENT UTILITY EASEMENT 2 PROJECT PARCEL NO. 150A COUNTY PARCEL NOS, 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01051'400 EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 1260.43 4 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40" EAST ON SAID EAST LINE, 33,26 FEET; THENCE NORTH 66°16'51" WEST, 184.24 FEET; THENCE NORTH 83°18'04" WEST, 304.84 FEET; THENCE NORTH 70°25'45" WEST, 554.63 FEET; THENCE NORTH 66°2617" WEST, 361.26 FEET; THENCE NORTH 714'59'29" WEST, 388.53 FEET; THENCE NORTH 72°07'40" WEST, 294.99 FEET TO THE WEST LINE OF SAID LOT 2 THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 31.90 FEET; THENCE SOUTH 72°07'40" EAST, 305.86 FEET; THENCE SOUTH 71°59'29" EAST, 390.03 FEET; THENCE SOUTH 66°26'17" EAST, 361.67 FEET; THENCE SOUTH 7025'45" EAST, 550.20 FEET; THENCE SOUTH 83°18'04' EAST, 305.94 FEET; THENCE SOUTH 66°16'51" EAST, 174.37 FEET TO THE POINT OF BEGINNING. CONTAINING 62,649 SQUARE FEET OR 1.44 ACRES. 6 is shown on Exhibit 5 attached hereto. 2. NAMES OF RECORD OWNERS AND HOLDERS OF LIENS AND ENCUMBRANCERS OF THE PROPERTY. The names and addresses of all record owners and holders of Hens and encumbrancers are as follows: Titleholders: Parcel 149 — Ronald L. Valentine & Gary L. Valentine Ronald L. Valentine 11426°Edval Lane Dubuque, Iowa 52003 Gary L. Valentine 11429 Edval Lane Dubuque, Iowa 52003 Parcel 150A - Gary L. Valentine Gary L. Valentine 11429 Edval Lane Dubuque, Iowa 52003 Lienholders, Encumbrancers and Leaseholders: Parcel 149 — Ronald L. Valentine & Gary L. Valentine Parcel 150A - Gary L, Valentine Dubuque County, Iowa (property taxes) c/o Denis Dolan, County Auditor 5 720 Central Avenue PO Box 5001 Dubuque, Iowa 52004-5001 Parcel 150A— Garr L. Valentine (only) Ron & Ellen Hartman (Tenant) 8198 Jeckiin Lane Dubuque, Iowa 52003 3. LANDS NECESSARY TO ACHIEVE THE PUBLIC PURPOSE AND LANDS PROPOSED TO BE ACQUIRED FOR THE PROJECT. The Applicant asserts that the property constitutes the necessary minimum amount of land to achieve the purpose herein identified, and that; no portion of the property is being acquired as or will result In an uneconomic remnant. 4. GOOD FAITH EFFORTS MADE BY THE CITY TO NEGOTIATE THE PURCHASE OF THE PROPERTY. The Applicant represents and warrants that it has undertaken activities in attempting to negotiate the purchase of the property from the property owner by offering the fair market value established by the City Council based on appraised value for the property being acquired. 5. NO STATE FUNDS. No part of the damages are to be paid by the state of Iowa and the land to be condemned is NOT within an agricultural area as provided in chapter 352. NOW, THEREFORE, pursuant to a regularly adopted resolution by the City Council of the City of Dubuque, Iowa, YOU ARE HEREBY REQUESTED to appoint a Compensation Commission to appraise the damages caused by this appropriation, such Commission to consist of six commissioners who shall be residents of Dubuque County, Iowa. YOU ARE FURTHER REQUESTED to give written notice to the undersigned as soon as the Commissioners have been appointed. Dated this c -Th day of 14 fin , 2016. CITY OF DUBUQUE, IOWA By .A.Lh\rLoJLL/& Bary A. Lint/. hl, Esq. City Attorney 300 Main Street, Suite 330 Dubuque IA 52001 Tele 563 583-4113 Fax 563 583-1040 balesgPcityofdubuque.orq APPROVED this day of , 2016 First Judicial District udge BRADLEY J. HARRIS DISTRICT COURT JUDGE IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant No. CERTIFICATE In accord with Iowa Code Section 6B.37, I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the attached Application for Condemnation has been approved by the Chief Judge of the First Judicial District, that the attached documents are true and correct copies of the original files in these proceedings, and that the statements accompanying these documents are true. CITY OF DUBUQUE, IOWA B arty A. Lindahi, Esq. ty Attorney Filed in my office at Dubuque, Iowa day of , 2016. Sheriff of Dubuque County, Iowa ti 0 c PREPY. MICNA 1. R.FAGLEy AEc3 301 SYCAMORE a13ith1, SUITE Z22, 11A1EI0,00, IOWA,3003, 313-272-SS3 ACQUISmON PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L VALENTINE & GARY L VALEMINE COUNTY PARCEL NO.1503151003 PROJECT PARCEL N0.149 NW COR SEC 3-88-2E FO SCM W LINE V fRL 1/2 NWI/4 SEC 3-88-2E NO 17'14'W 3377.21' S79350'23'E 188.53' -------------------- P.0.8. DATE SIG LOT I -I W FRL 1/2 NWI/4 SEC 3-88-2E S70°01'07'E 208.56' 581049'022W 378.14' WI/4 COR SEC 3-88-2E FO SCM D 1/25/2016 LOT 1 NWI/4 SWI/4 SEC 3-88-2E A_COM 7-4161N3E-81181-2FAIL1/2NWI/4 0 NE COR NWI/4 SW1/4 SEC 3-88-2E FO 1.P. W/CAP NO.40IG 49'02'W 1312.52' LOT 2 NWI/4 SWI/4 SEC 3-88-2E LEgE40 447.75'1.4 - MEASURED 447.40' R a 1ECORO 200 300 400 SCALE 1N FEET REVISED, 1/25/16 SHEET 1 OF 2 1 Mreby certlry that thla Lied Wyayyq dnvert rat ropa!ed be ay Y,ttler M d,net period IMsrelson ma � I. r ir4. stett that 1sT a ally Lmeswa taxa Love pa- 8.n,,l8WrISMS iasa *. by l Ionia /waive altar Is Wobbly 31.2314 Para a. shorts clawed by thla farts A_COM 7-4161N3E-81181-2FAIL1/2NWI/4 0 NE COR NWI/4 SW1/4 SEC 3-88-2E FO 1.P. W/CAP NO.40IG 49'02'W 1312.52' LOT 2 NWI/4 SWI/4 SEC 3-88-2E LEgE40 447.75'1.4 - MEASURED 447.40' R a 1ECORO 200 300 400 SCALE 1N FEET REVISED, 1/25/16 SHEET 1 OF 2 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L VALENTINE & GARY L VALENTINE COUNTY PARCEL NO.1503151003 PROJECT PARCEL NO.149 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO.149 COUNTY PARCEL NO. 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 3; THENCE NORTH 01" (DEGREES) 17' (MINUTES) 14' (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 11138 FEET; THENCE SOUTH 79"50'23' EAST, 188.53 FEET THENCE SOUTH 70601'07' EAST, 208.58 FEET TO THE SOUTH UNE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88.49'02' WEST ON SAID SOUTH LINE, 379.14 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD, HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M.. COUNTY OF DUBUQUE, STATE OF IOWA CONTAINING 24,657 SQUARE FEET OR 0.57 ACRE. AECOM REVISED; 1/25/16 SHEET 2 OF 2 PREPARED BY' 1.11271AE. B. FAGLE, AECOM, 501 SYCAAIDRE STREET, SHITE ZZ2, TATENLOO, 101 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L VALENTINE & GARY L VALENTINE COUNTY PARCEL NO.1503151003 PROJECT PARCEL NO.149 0707, 712.1124531 -NW COR SEC 3-88-2E FO SCM W LINE W FAL 1/2 NWI/4 SEC 3-88-2E 1401°17'14'W 3377.21' LOT 1-1 W FRL I/2 NWI/4 SEC 3-88-2E P.O.H. PUE W1/4 COR SEC 3-88-2E FD SCM DATE SI LOT I NWI/1 SWI/4 SEC 3-88-2E I/25/2016 AECOM S LINE W FRL 1/2 NWI/4 SEC 3 -8B -2E 07-- 1\-_.NE COR NWI/4 SWI/4-J SEC 3-88-2E FD LP.W/CAP N0.40IG 588°48'02'W 1312.62' LOT 2 NWI/4 SWI/4 SEC 3 -B8 -2E LEGEND 447.75' M = MEASURED 447.40' R = RECORD 100 200 300 400 r SCALE IN FEET SHEET 1 OF 2 1 Firatty carter that bats 1,...!Surnovc dau•a t wt P'aea+f brae r 'near we 01reat pnlrut aut./lawn avl `Ia that I n mei tidy L w1 Land Surma.. Stat-ar Iw. -rant. r 1.2r'%P4. 14111Nt.a I .f MICHAEL ROA/. 0.i taut Loma. 00.610. 2502 0 * 4y lamas removal date t1 dca6tr 114915 Paget ar fMatt attend ar tats 00111 WTI 1 Abe 21F 2 AECOM S LINE W FRL 1/2 NWI/4 SEC 3 -8B -2E 07-- 1\-_.NE COR NWI/4 SWI/4-J SEC 3-88-2E FD LP.W/CAP N0.40IG 588°48'02'W 1312.62' LOT 2 NWI/4 SWI/4 SEC 3 -B8 -2E LEGEND 447.75' M = MEASURED 447.40' R = RECORD 100 200 300 400 r SCALE IN FEET SHEET 1 OF 2 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL. CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L. VALENTINE & GARY L VALENTINE COUNTY PARCEL NO.1503151003 PROJECT PARCEL NO. 149 BEARING / DISTANCE PERMANENTUTILITY EAS ENT 1 TO 2 N 01 '17'14" W 11238' 2 TO 3 N 01 '17 X14" W 30.61' 3 TO 4 $ 79 ' 50 $ 23 " E 197.1,9 ' 4 TO 5 S 70 ' 01 ' 07 ` E 288.63 5 TO 6 5 88"49`02"W 83.09' 6 TO 7 N 70 ' 01 ' 07 " W 208,56 7 TO 2 N 79" S0 °23 " W 18853' DESCRIPTION: PERMANENT UTILITY EASEMENT PROJECT PARCEL NO. 149 COUNTY PARCEL NO, 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 114 OF SECTION 34 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 MST 1/4 CORNER OF SAID SECTION 3; THENCE NORTH 01" (DEGREES) 17' (MINUTES) 14" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST UNE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112;38 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 019714' WEST ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 30.61 FEET; THENCE SOUTH 79.50'23' EAST, 197.19 FEET; THENCE SOUTH 70'01'07' EAST, 288.63 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88'49'02' WEST ON ThE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 83.09 FEET; THENCE NORTH 70'01'07' WEST, 208.56 FEET; THENCE NORTH 79'50'23' WEST, 188.53 FEET TO THE POINT OF BEGINNING. CONTAINING 13,244 SQUARE FEET OR 0.30 ACRE. AECOM SHEET 2 OF 2 PREPARED Y11,0 R. FACLf., /EC04, 501 5YCAFKIfiE STREET, SUITE 222, h1,T ICIYA, !0703, 31!-032-6531 ACQUISi71ON PIAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L VALENTINE COUNTY PARCEL 1405.1503300002 I. 1503127016 PROJECT PARCEL NO.150A 111/4 C0R SEC 3-88-2E LFO SCM 1188°49'02'E 1312.52' NW COR NEI/4 SW1/4 SEC 3-88-2E FO I.P. W/CAP NO. 4016 N88°46'391 1298.44' S63°20'21'E 262.65' 56B°03'33'E 396.92' FO REBAR/YELLOYi PLASTIC CAP 140,4016 -N LINE 5111/4 SEC 3 -B0 -2E CTR SEC 3-88-2E FD I.P. W/CAP NO. 14417 L 20° ACCESS EASEMENT FD REBAR/YELLOW PLASTIC CAP N0.4016 £ LINE SWI/ SEC 3-88-2E 574°51'14'E 500.62' 501°51'101 847.46' 576°I3'40'E 270.74' 571°13'02"E 663.21 N0I°59`1$"W 438.18' LOT 1 VALENTINE PLACE NO. 3 N72°07'40'11 305.86' N71°59'29'W 390,03' N6026' 7'W 361.67' LOT 2 NW1/4 SW1/4 SEC 3-88-2E W. UNE LOT 2 NW1/4 5111/4 SEC. 3-88-2E DATE SIGNED: 1/25/2016 S01°51'40" 412. ALCOM 1466'216'5111 174.37' 501°51'40'E 2645.73' SI/4 COR SEG 3-88-2E FO SCM COUNTY PARCEL N0.1503300002 = 257,035 5Q. FT, COUNTY PARCEL N0.1503127016 = 554,438 50.FT, LEGEND 447.73'M e MEASURED 447.43' R _ RECORD 0 150 300 450 600 SCALE IN FEET REVISED 1-23-2016 SHEET 1 OF 2 iloiP , b.*trA. lama a ' i%i + ratla 1 h/rltiy tsrtlty that Lay Linn Surboy tog ductoont art prtotr.d by we or Wor py throat wawa! nperrtt tan and Vit 1 Y i duly Litman, Land s6ttyar urt+„ 1 fj tato of Not. *mua�uta ail Wont* towbar $501 at Itnnu rtnotol dour 1t Onl.wr 31,1016 robot o,' Wats toborld by this toll/ +46775 1 On 2 If 7 ALCOM 1466'216'5111 174.37' 501°51'40'E 2645.73' SI/4 COR SEG 3-88-2E FO SCM COUNTY PARCEL N0.1503300002 = 257,035 5Q. FT, COUNTY PARCEL N0.1503127016 = 554,438 50.FT, LEGEND 447.73'M e MEASURED 447.43' R _ RECORD 0 150 300 450 600 SCALE IN FEET REVISED 1-23-2016 SHEET 1 OF 2 ACQUISMON PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L VALENTINE COUNT? PARCEL NO5.1503300002 & 1503127016 PROJECT PARCEL NO. 150A DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 150A COUNTY PARCEL NOS.1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 114 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01.51'40' EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 847.46 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01.51'40' EAST ON SAID EAST LINE, 412.97 FEET; THENCE NORTH 6896'51' WEST, 174.37 FEET; THENCE NORTH 8398'04' WEST, 305.94 FEET; THENCE NORTH 70'25'45' WEST, 550.20 FEET; THENCE NORTH 68'28'17' WEST, 361.67 FEET; THENCE NORTH 71`5919' WEST, 390.03 FEET; THENCE NORTH 72.07'40' WEST, 305.86 FEET TO THE WEST UNE OF SAID LOT 2; THENCE NORTH 01'5912" WEST ON SMD WEST UNE, 438.18 FEET; THENCE SOUTH 83'20'21' EAST, 262.65 FEET; THENCE SOUTH 6819'33' EAST, 396.92 FEET; THENCE SOUTH 74'5114' EAST, 500.82 FEET; THENCE SOUTH 76'13'40' EAST, 270.74 FEET; THENCE SOUTH 7193'02' EAST, 663.21 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF SECTION 3 AND OF LOT 1 IN VALENTINE PLACE NO.3, ALL IN TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5114 P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 811,533 SQUARE FEET OR 18.63 ACRES. COUNTY PARCEL NO. 1503300002 - LOT 2 OF THE NW114 OF THE SW1/4, SEC. 3-88-2E, CONTAINS 257,035 SQUARE FEET OR 5.90 ACRES. COUNTY PARCEL NO. 1503127016 - LOT 1 OF VALENTINE PLACE NO. 3 CONTAINS 554,498 SQUARE FEET OR 12.73 ACRES. AECOM REVISED I-23-2016 SHEET 2 OF 2 PREPARED EY: MICHAEL 7t. FAt t£, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, 1011A, 50703, 319-232-8531 TEMPORARY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L VALENTINE COUNTY PARCEL NOS.1503300002 & 1503127016 PROJECT PARCEL NO.150A 11/I/4 COR SEC 3-88-2E FO SCM M58°49 02'E 1312.52' -NW COR NEI/4 SW1/4 SEC 3 -B5 -2E FD I.P. W/CAP N0.4016 N88°46'39•E 1298.44' NE COR SNI/4 SEC 3-88-2E ALSO BEING THE CTR SEC 3-88-2E FD l.P. W/CAP N0.14417 20' ACCESS EASEMENT - 1.188°4912•E 656.26' FD REBAR/YELLOW PLASTIC CAP N0.4016 N LINE SWI/4 SEC 3-85-2E t—FD REBAR/YELLOW PLASTIC CAP N0.4016 E LINE SWI/4 SEC 3-88-2E P.0.8. TE TEMPORARY EASEMENT ACQUISITION Z-CLINE LOT 2 14111/4 SWI/4 LOT 2 NW1/4 SW1/4 SEC 3 -8B -2E PERMANENT UTILIY EASEMENTS LOT 1 VALENTINE PLACE NO. 3 OATE SIGNED /25/2016 Wig fat matt 1. that rota 1 lwntty tbt Uy that tale LIJi.rWltny tdtuaent wt p.tpv.d ay w a. utw or drtat lwrsaul swerra tan roe ct 1 r1 1y t ti Land Surety* Vet to 1 w st {Pao. taw I°AJ NOVEL N. . Pete Les.. maize' *w Ny Itttnte mnvrt arty t. Curren- 31.201t hors . s>;eets trove Lr t111, iu h AECOM S0I°51'401 2545.73' $1/4 COR SEC 3.88-2E FO SCI! I EGENQ 447.75'M * MEASURED 447.40'R : RECORD 1 300 450 600 IN REVISED 1/23/2016 SHEET 1 OF 2 TEMPORARY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L VALENTINE COUNTY PARCEL NO5.1503300002 & 1503127016 PROJECT PARCEL NO 150A BEARING / DISTANCE TEMPORARY EASEMENT 1 TO 2 S 01 '59 `12" E 601.61 2 TO 3 5 72 ' 07 ' 40 " E 90.96 3 TO 4 S 19'08'35" W 62.91 4 TO 5 N 70 .37 23" W 57.52' 5 TO 2 N01.59'12" W 64.98 DESCRIPTION: TEMPORARY EASEMENT PROJECT PARCEL NO. 150A COUNTY PARCEL NO. 1503300002 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 114 OF THE SOUTHWEST 114 OF SECTION 3, 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 3; THENCE NORTH 88' (DEGREES) 49' (MINUTES) 02' (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 3, A DISTANCE OF 658.28 FEET TO THE WEST UNE OF SAID LOT 2; THENCE SOUTH 01'5912" EAST ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 601.61 FEET; TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 72'07'40" EAST, 90.96 FEET; THENCE SOUTH 19'08'35' WEST, 62.91 FEET; THENCE NORTH 70'37123' WEST, 67.52 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01.59'12' WEST ON THE WEST UNE OF SAID LOT 2, A DISTANCE OF 64.98 FEET TO THE POINT OF BEGINNING. CONTAINING 4.903 SQUARE FEET OR 0.11 ACRE ASCOM REVISED (/23/2016 SHEET 2 OF 2 PREPARED OTt 111CSfAE1. R. FAME, AECOY, 501 STCA410RE STREET, SUITE 222. WATERt.00, 1011*, 50703, 295.252-6531 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER GARY L. VALENTINE COUNTY PARCEL NOS.1503300002 & 1503127016 PROJECT PARCEL NO. 150A W114 COR SEC 3-88-2E FO SCM N88°49'02'E 1312.52' NW COR NEI/4 581/4 SEC 3-88-2E FO I.P. W/CAP NO. 4016 N88°46'39`E I29B.44' CTR SEC 3-88-2E .P. W/CAP NO. 14417 20' ACCESS EASEMENT FD REBAR/YELLOW' PLASTIC CAP NO. 4016 N LINE SW1/4 SEC 3-88-2E PERMANENT UTILITY EASEMENT NO.1 42, ACQUISITION 41 LFO RESAR/YELLOW PLASTIC CAP NO,4016 E LINE SME/: SEC 3-88-2E 74',, 501'51'40'E 815.40' SOI °51'401 1260A3' II.1f P.O.B. t PUE I PERMANENT UTILITY EASEMENT NO. 2 LOT 2 NW1/4 SW1/4 SEC 3-88--2E W. LINE LOT 2 N18l/4 5W1/4 SEC. 3-88-2E DATE SIGNED: I/25/2015 LOT 1 VALENTINE PLACE 140. 3 S01°51'40`E 2645.73' 51/4 COR SEC 3-88-2E FO SCM LESENQ 447.75' M = MEASURED 447.40' R = RECORD 0 150 300 450 600 SCALE IN FEET SHEET 1 OF 3 1 Welty cartery that thta tart &retying sexwnt ton pnpar.d by age v cedar w dlr.rt primal fupwYlsUn and WA , that 1 air • fitly .n.ad Lard 5.rwyor f, layr_p st,to f tow. mat1. ; L_if1 f// r -arra ri`i` $ faba. R. F Orta Limn, , 1505 t' Itra t7' M, Itcmw .* .wl NU 11 0aairtar 31.701; Palen r .iwata ctnrtd iy Wei .rat: S01°51'40`E 2645.73' 51/4 COR SEC 3-88-2E FO SCM LESENQ 447.75' M = MEASURED 447.40' R = RECORD 0 150 300 450 600 SCALE IN FEET SHEET 1 OF 3 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY G VALENTINE COUN1Y PARCEL NOS.1503300002 8 1503127016 PROJECT PARCEL NO.1S0A BEARI NG / DISTANCE PERMENENT UT1 UTY EASEMENT NO. 1 110 2 S 01 '51'40' E 32.06 2 703 N 71 `13'02" W 663.21' 3 TO 4 N 76 ° 13 ' 40 ' W 270.74 4 TO 5 N74'51'14• W 500.62, 5706 N 68'09'33"W 39692' 6 TO 7 N 63 ' 20 ' 21 " W 262.65 7708 N 01 "59'12" W 34.18' 8 TO 9 5 63 _' 20 ' 21 "_f 277.78 9 TO 10 S 68 ` 09 '_33 " E 39390 10 TO 11 5 74.51 "14' E 498.51 11 TO 12 S 76 ` 13 ' 40 " E 271.69 12 TO 1 5 71.13'02" 6 653.22 BEARING / DISTANCE PERMENENF U11 UTY EASEMENT NO. 2 13 TO 14 501'51'40. 6 3326' 14 70 15 _ N 66 • 16 ''51 " 'W 18424 ' 15 TO 16 N 83 ' 18 ' 04 " W 304.84 ' 16 TO 17 N 70 ' 25 ' 45 " W 554.63 ° 17 TO 18 N 66'26'17"W 361.26' 18 7019 N 71 • 59 ' 29 " W 38853 ' 19 TO 20 N 72 ' 07 ' 40 " W 294.99 ° 207021 N 01'59'12"W 31.90° 21 TO 22 S 72 • 07 ' 40 " E 305.86 ' 22 70 23 5 71.59'29" E 390.03' 23 70 24 5 66 ' 26 ' 17 ' E 361.67 ' 24 70 25 5 70 . 25 ' 45 " 6 55020 ' 25 70 26 5 83 ° 18 ' 04 " E 30554 ' 267013 5 66.16'51' 6 17437' SHEET 2 OF 3 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L VALENTINE COUNTY PARCEL 1405. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A DESCRIPTION . PERMANENT UTILITY EASEMENT 1 PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO.3 ALL IN SECTION 3, TOWNSHIP 86 NORTH, RANGE 2 EAST OF THE 5TH P.M.. COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER OF SAID SECTION 3;THENCE SOUTH 01'51'40 EAST ON THE EAST UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 815.40 FEET. TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01'51'40' EAST ON SAID EAST UNE, 32.06 FEET: THENCE NORTH 71.13'07' WEST, 66321 FEET; THENCE NORTH 7813'40' WEST, 27074 FEET; THENCE NORTH 74'5114" WEST, 500.82 PEET;THENCE NORTH 68'09'33' WEST, nen FEET; THENCE NORTH 63'20'21" WEST, 262.65 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01`5912' WEST 014 SAID WEST UNE, 34,19 FEET; THENCE SOUTH 83'2021' EAST, 277,78 FEET; THENCE SOUTH 88'09'33' EAST, 393.40 FEET; THENCE SOUTH 74'51'14' FAST, 498.51 FEET; THENCE SOUTH 7613'40' EAST, 271,89 FEET; THENCE SOUTH 719 TOT EAST, 863.22 FEET TO THE POINT OF BEGINNING. CONTAINING 62,838 SQUARE FEET OR 1.44 ACRES, DESCRIPTION: PERMANENT UTILITY EASEMENT 2 PROJECT PARCEL NO. 160A COUNTY PARCEL NOS, 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF 1071 OF VALENTINE PLACE NO, 3 ALL IN SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 571 t P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS', COMMENCING AT THE CENTER OF SAID SECTION 3; THENCE SOUTH 01'51'40" EASE ON THE EAST UNE OF THE SOUTHWEST 114 OF SAID SECTION 3, A DISTANCE OF 1260.43 FEET TO THE POINT OF BEGINNING OP THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01.51`40' EAST ON SAID EAST LINE, 3326 FEET; THENCE NORTH 6616'51' WEST, 184.24 FEET; THENCE NORTH 8318'04' WEST, 304.:84 FEET; THENCE NORTH 70'25'45" WEST, 554.63 FEET; THENCE NORTH 66.2617" WEST, 36126 FEET; THENCE NOM -1711929" WEST, 388.53 FEET; THENCE NORTH 72`07'40' WEST, 294.99 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01'5912' WEST ON SAID WEST LINE, 31,90 9-th t;THENCE SOUTH 72'07'40" EAST, 305,66 FEET; THENCE SOUTH 71'5929' EAST, 390.031 -Eh i ; THENCE SOUTH 66'2617' EAST, 361.67 FEET; THENCE SOUTH 70'25`45' EAST, 550.20 htki; THENCE SOUTH 8318'04' EAST, 305.94 FEET; THENCE SOUTH 66.16'51' EAST, 174.37 FEET TO THE POINT OF BEGINNING, CONTAINING 62,649 SQUARE FEET OR 144 ACRES. AECOM SKEET 3 OF 3 IN THE IOWA DISTRICT COURT FOR AND IN DUBUQUE COUNTY GARY VALENTINE Plaintiffs v. THE CITY OF DUBUQUE Defendant NOTICE OF APPEAL File No. TO: The City of Dubuque by Kevin Firnstahl, the City Clerk, 50 W. 13th St. Dubuque, IA 52001; Don A. Vrotos, Dubuque County Sheriff's Office, Dubuque Law Enforcement Center, 770 Iowa Street, PO Box 1004, Dubuque, IA 52004; Clerk of District Court, Dubuque County Courthouse, 720 Central Ave, Dubuque, Iowa 52001 Dubuque County, Iowa, c/o Denis Dolan, County Auditor, 720 Central Avenue, P.O. Box 5001, Dubuque, IA 52004-5001 Ron & Ellen Hartman, 8198 Jecklin Lane, Dubuque, IA 52003 PLEASE TAKE NOTICE that plaintiff Gary Valentine ("Plaintiff/Condemnee") by his attorney, E. Kelly Keady, hereby appeals to the District Court of Dubuque County, Iowa, in accordance with Chapter 6B.18, Iowa Statutes, from the amount of compensation paid by Defendant the City of Dubuque ("Defendant") and stated in the Report of Compensation Corrunissioners dated June 10, 2016. The property is known as Parcel 150A and further described in the attached Exhibit A. Dated: June 21, 2016 11I /s/ E. Kelly Keady E. Kelly Keady, #19516 Biersdorf & Associates 150 S. Fifth Street, Suite 3100 Minneapolis, MN 55402 Attorney for Plaintiff 111 U Doc ID 008431790020 Type: GEN Kind: CONDEMNATION Recorded: 05/09/2016 at 04:27:25 PM Fee Ant: 6102.00 Page 1 of 20 Revenue Tax: 80.00 Dubuque County Iowa John Murphy Recorder File2016-00005320 RECORDER'S COVER, SHEET APPLICATION FOR CONDEMNATION Preparer Information: Barry A. Lindahl, City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001, Telephone: (563) 583-4113 Taxpayer Information: City of Dubuque, Iowa, 50 Ves 13th Street, Dubuque, IA 52001 Return Document To: Barry A. Undahl, City Attorney, 300 Main Street, Suite 330, Dubuque, Legal Description: See pages 1 —5 on attached Application for Condemnation Grantors: Ronald L. Valentine Gary L. Valentine Dubuque Southwest Arterial Project No. HOP.. 2100 (679)-71-31 Parcel 149 Ronald & Gary Valentine Parcel 150a Gary Valentine A 2001 Grantees: The City of Dubuque, lo a g4/6.,7. 00 et,CE4,1_ IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant APPLICATION FOR CONDEMNATION TO: The Chief Judge of the First Judicial District YOU ARE HEREBY NOTIFIED that the Applicant, City of Dubuque, Iowa, desires to take, acquireand condemn fee title and permanent and temporary easements to the property hereafter described. The Applicant desires to acquire the property sought to be condemned for the Southwest Arterial Project. 1. PROPERTY TO BE ACQUIRED; PUBLIC USE OR PURPOSE FOR THE TAKING. The property sought to be, acquired is for fee title and permanent and temporary easements for public improvements for the construction of the Southwest Arterial, a four -lane divided freeway between Highway 61/151 and Highway 20. LEGAL DESCRIPTION Parcel 149 — Ronald L. Valentine & Gary L. Valentine 1. Fee Simple Acquisition - 149 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 149 COUNTY PARCEL NO. 1503151003 Dubuque Southwest Arterial Project No. HDP - 2100 (679)-71-31 Parcel 149 Ronald & Gary Valentine Parcel 150A Gary Valentine A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 3; THENCE NORTH 01° (DEGREES) 17' (MINUTES) 14" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112.38 FEET; THENCE SOUTH 79°50'23" EAST, 188.53 FEET; THENCE SOUTH 70°01'07" EAST, 208.56 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 112 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88049'02" WEST ON SAID SOUTH LINE, 379.14 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 24,657 SQUARE FEET OR 0.57 ACRE. 1 is shown on Exhibit 1 attached hereto. 2. Permanent Utility Easement - 149 DESCRIPTION: PERMANENT UTILITY EASEMENT PROJECT PARCEL NO. 149 COUNTY PARCEL NO. 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 01° (DEGREES) 17' (MINUTES) 14' (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112.38 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 01°17'14" WEST ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTI-IWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 30.61 FEET; THENCE SOUTH 79°50'23" EAST, 197.19 FEET; THENCE SOUTH 70°01'07 EAST, 288.63 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88°49020 WEST ON THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 83.09 FEET; THENCE NORTH 70001'07" WEST, 208.56 FEET; THENCE NORTH 79°50'23" WEST, 188.53 FEET TO THE POINT OF BEGINNING. CONTAINING 13,244 SQUARE FEET OR 0.30 ACRE. 21s shown on Exhibit 2 attached hereto. Parcel 0A — Gary L. Valentine 3. Fee Simple Acquisition - 150A DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 150A COUNTY PARCEL NOS, 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 114 OF SAID SECTION 3, A DISTANCE OF 847.46 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01451'40' EAST ON SAID EAST LINE, 412.97 FEET; THENCE NORTH 6616'51" WEST, 174,37 FEET; THENCE NORTH 8341804" WEST, 305.94 FEET; THENCE NORTH 70°2545" WEST, 550.20 FEET; THENCE NORTH 66°26'17" WEST, 361.67 FEET THENCE NORTH 71'59'29" VVEST, 390.03 FEET; THENCE NORTH 72°07'40" WEST, 305.86 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 438.18 FEET; THENCE SOUTH 63'2021" EAST, 262.65 FEET; THENCE SOUTH 68909'33" EAST, 396.92 FEET; THENCE SOUTH 74°51'14" EAST, 500,62 FEET; THENCE SOUTH 7691340' EAST, 270.74 FEET; THENCE SOUTH 71°13'02" EAST, 663.21 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3 AND OF LOT 1 IN VALENTINE PLACE NO. 3, ALL IN TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOVVA. CONTAINING 811,533 SQUARE FEET OR 18.63 ACRES. COUNTY PARCEL NO. 1503300002 - LOT 2 OF THE NW1/4 OF THE SWI/4, SEC. 3-88-2E, CONTAINS 257,035 SQUARE FEET OR 5.90 ACRES. COUNTY PARCEL NO. 1503127016 - LOT 1 OF VALENTINE PLACE NO. 3 CONTAINS 554,498 SQUARE FEET OR 12.73 ACRES. 3 is shown on Exhibit 3 attached hereto. 4. Temporary Easement - 150A DESCRIPTION: TEMPORARY EASEMENT PROJECT PARCEL NO. 150A COUNTY PARCEL NO. 1503300002 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 88° (DEGREES) 49' (MINUTES) 02" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 114 OF SAID SECTION 3, A DISTANCE OF 65626 FEET TO THE WEST LINE OF SAID LOT 2; THENCE SOUTH 01°59'12" EAST ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 601.61 FEET; TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 720T40" EAST, 90.96 FEET; THENCE SOUTH 19°08'35" WEST, 62.91 FEET; THENCE NORTH 70°37'23" WEST, 67.52 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°5912' WEST ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 64.98 FEET TO THE POINT OF BEGINNING. CONTAINING 4.903 SQUARE FEET OR Oa11 ACRE. 4 is shown on Exhibit 4 attached hereto. 5. Permanent Utility Easement 1- ' 50A DESCRIPTION: PERMANENT UTILITY EASEMENT 1 PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 114 OF THE SOUTHWEST 114 AND PART OF LOT 1 OF VALENTINE PLACE NO.3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3 THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 815.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40" EAST ON SAID EAST LINE, 32.06 FEET; THENCE NORTH 71°13'02" WEST, 663.21 FEET; THENCE NORTH 76°13'40" WEST, 270.74 FEET; THENCE NORTH 74°51'14" WEST, 500.62 FEET; THENCE NORTH 68°09'33" WEST, 396.92 FEET; THENCE NORTH 63°20'21" WEST,262.65 FEET TO THE WEST LINE OF SAID LOT 2, THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 34.18 FEET, THENCE SOUTH 63°20'21" EAST, 277.78 FEET; THENCE SOUTH 68°09'33"EAST, 393.90 FEET; THENCE SOUTH 74°51'14" EAST, 498.51 FEET; THENCE SOUTH 76°13'40" EAST, 271.69 FEET; THENCE SOUTH 71°13'02" EAST, 663.22 FEET TO THE POINT OF BEGINNING. CONTAINING 62,838 SQUARE FEET OR 1.44 ACRES. 5 is shown on Exhibit 5 attached hereto. 6. Permanent Utility Easement 2 - 150A DESCRIPTION: PERMANENT UTILITY EASEMENT 2 PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 1260.43 4 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40" EAST ON SAID EAST LINE, 33,26 FEET; THENCE NORTH 66°16'51" WEST, 184.24 FEET, THENCE NORTH 83°1804" WEST, 304.84 FEET; THENCE NORTH 70125'45" WEST, 554.63 FEET; THENCE NORTH 66°26'17" WEST, 361.26 FEET; THENCE NORTH 71 59'29" WEST, 388.53 FEET; THENCE NORTH 72°07'40" WEST, 294.99 FEET TO THE WEST LINE OF SAID LOT 2 THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 31.90 FEET; THENCE SOUTH 72°07'40"EAST, 305.86 FEET, THENCE SOUTH 71°59'29"EAST, 390.03 FEET; THENCE SOUTH 66°26'17" EAST, 361.67 FEET; THENCE SOUTH 7025'45" EAST, 550.20 FEET; THENCE SOUTH 83°18'04" EAST, 305.94 FEET; THENCE SOUTH 66"16'51" EAST 174.37 FEET TO THE POINT OF BEGINNING. CONTAINING 62,649 SQUARE FEET OR 1.44 ACRES. 6 is shown on Exhibit 5 attached hereto. 2. NAMES OF RECORD OWNERS AND HOLDERS OF LIENS AND ENCUMBRANCERS OF THE PROPERTY. The names and addresses of all record owners and holders of Iiens and encumbrancers are as follows: Titleholders: Parcel 149 — Ronald L. Valentine & Gary L. Valentine Ronald L. Valentine 11426'Edval Lane Dubuque, Iowa 52003 Gary L. Valentine 11429 Edval Lane Dubuque, Iowa 52003 Parcel 150A - Gary L. Valentine Gary L. Valentine 11429 Edval Lane Dubuque, Iowa 52003 Lienh©lders, Encumbrancers and Leaseholders: Parcel 149 - Ronald L. Valentine & Gary L. Valentine Parcel 150A - Gary L, Valentine Dubuque County, Iowa (property taxes) c/o Denis Dolan, County Auditor 5 720 Central Avenue PO Box 5001 Dubuque, Iowa 52004-5001 Parcel 150A— Gary. L. Valentine (only) Ron & Ellen Hartman (Tenant) 8198 Jeckiin Lane Dubuque, Iowa 52003 3. LANDS NECESSARY TO ACHIEVE THE PUBLIC PURPOSE AND LANDS PROPOSED TO BE ACQUIRED FOR THE PROJECT. The Applicant asserts that the property constitutes the necessary minimum amount of land to achieve the purpose herein identified, and that no portion of the property is being acquired as or will result in an uneconomic remnant. 4. GOOD FAITH EFFORTS MADE BY THE CITY TO NEGOTIATE THE PURCHASE OF THE PROPERTY. The Applicant represents and warrants that it has undertaken activities in attempting to negotiate the purchase of the property from the property owner by offering the fair market value established by the City Council based on appraised value for the property being acquired. 5. NO STATE FUNDS. No part of the damages are to be paid by the state of Iowa and the land to be condemned is NOT within an agricultural area as provided in chapter 352. NOW, THEREFORE, pursuant to a regularly adopted resolution by the City Council of the City of Dubuque, Iowa, YOU ARE HEREBY REQUESTED to appoint a Compensation Commission to appraise the damages caused by this appropriation, such Commission to consist of six commissioners who shall be residents of Dubuque County, Iowa. YOU ARE FURTHER REQUESTED to give written notice to the undersigned as soon as the.Commissioners have been appointed. Dated this c217- day of OppiL, , 2016. 6 CITY OF DUBUQUE, IOWA By Barry A. Lintf:hI, Esq. City Attorney 300 Main Street, Suite 330 Dubuque IA 52001 Tele 563 583-4113 Fax 563 583-1040 balesq0cityofdubuque.orq APPROVED this day of 2016 �... 10 L .L, udge First Judicial District BRADLEY J. HARRIS DISTRICT COURT JUDGE IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant No. i CERTIFICATE In accord with Iowa Code Section 6B.37, I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the attached Application for Condemnation has been approved by the Chief Judge of the First Judicial District, that the attached documents are true and correct copies of the original files in these proceedings, and that the statements accompanying these documents are true. CITY OF DUBUQUE, IOWA airy A. Lindahl, Esq. `ty Attorney Filed in my office at Dubuque, lowa day of , 2016. Sheriff of Dubuque County, 8 owa PREP 1311 MICHAEL R. FM .E, 501 STCA7tpRE STREET, SUITE 724 WATERLOO, lair 50703„ 371-2324531 ACQUISRLON PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L VALENTINE & GARY L VALENTINE COUNTY PARCEL N0.1503151003 PROJECT PARCEL 140.149 NW C0R SEC 3-88-2E FO SCM W LINE W FRL 1/2 NW1/4 SEC 3-88-2E NOl°17'14'W 3377.21' NOI°17'14"W 112. S79 °50'23'E 188.53' S70°01'07'E 208.56' P.O.B. LOT I-( W FRL 1/2 NWI/4 SEC 3-88-2E 588°49'02'W 379.14' WI/4 COR SEC 3-88-2E FD SCM LOT 1 NWI/4 SWI/4 SEC 3-88-2E DATE SIGNED 1/25/2016 A_.1 ,S LINE W FRL 1/2 NWI/4 SEC 3-88-2E ME COR NWl/4 SWI/ SEC 3-88-2E FO I.P. W/CAP NO. 401G 88°49'02'W 1312.52' LOT 2 NWI/4 SWI/4 SEC 3-88-2E LEGEND 447.75'1A = MEASURED 447.40' R e RECORD 100 200 300 400 SCALE 1N FEET REVISED: 1/25/16 SHEET 1 OF 2 1 Wok, toothy that this Lord firwyinp 1{ONltlwt .et K1ge.N in r or lobar y direct perlusal stows it on awe taMl 7 that 1 so a Wly Lmensfl Lows fwwyor a 1$ mint L Site .t tow,. [tri i, f Date t sewn tuber ISOS tst sera # y i soots noose ietA 11 D.c Mrr 71.2071 Ppro or shoots beyond by this lets SK41S1 Mtit Kt A_.1 ,S LINE W FRL 1/2 NWI/4 SEC 3-88-2E ME COR NWl/4 SWI/ SEC 3-88-2E FO I.P. W/CAP NO. 401G 88°49'02'W 1312.52' LOT 2 NWI/4 SWI/4 SEC 3-88-2E LEGEND 447.75'1A = MEASURED 447.40' R e RECORD 100 200 300 400 SCALE 1N FEET REVISED: 1/25/16 SHEET 1 OF 2 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER RONALD L VALENTINE & GARY L VALENTINE COUNTY PARCEL NO.1503151003 PROJECT PARCEL NO. 149 DESCRIPTON FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 149 COUNTY PARCELNO. 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE STH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 3; THENCE NORTH 01• (DEGREES) 17' (MINUTES) 14• (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST UNE OF THE WEST FRACTIONAL, 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 11228 FEET; THENCE SOUTH 79.50'23' EAST,188.53 FEET; THENCE SOUTH 70'01'07' EAST, 208.58 FEET TO THE SOUTH UNE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88.49'02' WEST ON SAID SOUTH UNE, 379.14 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE STH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 24,657 SQUARE FEET OR 0.57 ACRE. AECOM REVISED: 1 /25/16 SHEET 2 OF 2 PREPARED W M moutta FACIE, AEu1K 501 SYCAMORE STREET, SUITE 22Y, i»A7EP:.O0, IawA, 507 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L VALENTINE & GARY L VALENTINE COUNTY PARCEL NO.1503151003 PROJECT PARCEL NO.149 NW COR SEC 3 -8E -2E FD SCM W LINE W FRL 1/2 N SEC 3-88-2E N01°17.141/ 3377.21' 1/4 LOT I-1 W FRL 1/2 NWI/4 SEC 3--88-2E P.O.B. PUE WI/4 COR SEC 3-88-2E FO SCM LOT I NWI/4 SWI/4 SEC 3-88-2E DATE SIGNED 1/25/2016 A!COM 012-277-6431 /— S LINE W FAL I/Z NWI/4 / SEC 3-88-2E -\..... NE - COR NWI/4 SW1/ SEC 3-88-2E FD t.P. W/CAP N0.4016 S88°49'0211 1312.52' LOT 2 NWI/4 SWI/4 SEC 3-88-2E 1.EGENQ 447.75'14 = MEASURED 447.40' R = RECORD 0 100 200 300 400 SCALE IN FEET SHEET 1 OF 2 I Wit" twig/ that Ws Lad 5urwytn2 dtcw.nt wt p^grrri by os ar tear or onset pariamt ayrrrtair. and Wea , r;;) i tiftt 1 to �a/{dollt 1. Land Swvwyer NUMMI A, FAGS Oat* LteM,e rart.r 11585 • rows OM 1uwwr moral deg d OauMr 71.2015 Papa er !lett towed by Ott rails VIM TS 1 Axl 2 if 7 A!COM 012-277-6431 /— S LINE W FAL I/Z NWI/4 / SEC 3-88-2E -\..... NE - COR NWI/4 SW1/ SEC 3-88-2E FD t.P. W/CAP N0.4016 S88°49'0211 1312.52' LOT 2 NWI/4 SWI/4 SEC 3-88-2E 1.EGENQ 447.75'14 = MEASURED 447.40' R = RECORD 0 100 200 300 400 SCALE IN FEET SHEET 1 OF 2 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER RONALD L. VALENTINE & GARY L VALENTINE COUNTY PARCEL NO.1503151003 PROJECT PARCEL NO.149 EARI NG / DI NICE PERMANENTUTIUTY EAS ENT 1 TO 2 N01'17"14" W 11238' 2TO3 N01 "17&14" W 30.61° 3 TO 4 5 79 5O '23 " E 197.19 ' 4 TO 5 S 70 • 01 ' 07 ` E 288.63 ' 5706 3 88"49`02"W 83.09' 6 TO 7 N 70 ' G1 ' 07 W 208.56 ' 7 TO 2 N 79 ' 50 ` 23 W 18353 ' DESCRIPTION: PERMANENT UTILITY EASEMENTS PROJECT PARCEL NO. 149 COUNTY PARCEL NO, 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 01' (DEGREES) 17' (MINUTES) 14' (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112:38 FEET 70 THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 01'17'14' WEST ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 30.81 FEET; THENCE SOUTH 79'50'23' EAST,197.19 FEET; THENCE SOUTH 70.04'07' EAST, 288.83 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88'49'02' WEST ON THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 83.09 FEET; THENCE NORTH 70'01'07' WEST, 208.58 FEET; THENCE NORTH 79.50'23' WEST, 188.53 FEET TO THE POINT OF BEGINNING. CONTAINING 13,244 SQUARE FEET OR 0.30 ACRE. AECOM SHEET 2 OF 2 PREPARED SY141041Ei R. FACIE, AEt64, 501 SYCAMORE b ;to -sr, SUITE 2221 RATEIM.00, 101PA, 50703, 315-212-553I ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER GARY L VALENTINE COUNTY PARCEL NOS. 1503300002 E. 1503127016 PROJECT PARCEL NO.150A WI/4 COR SEC 3-88-2E FD SCM N8B°49'02'E 13 2.52' NW COP NEI/4 5111/4 SEC 3 -B8 -2E FO LP. W/CAP NO. 4016 N88°46'39"E 1296.44' CTR SEC 3-88-2E F0 I.P. W/CAP NO. 14417 20' ACCESS EASEMENT • 563°20'2I'E 2 S68°09'33`E- 396.92' .55' FD RE6AR/YELLOW PLASTIC CAP N0,4016 —N LINE 54I/4 SEC 3-88-2E FD RESAR/YELLOW PLASTIC CAP NO.4016 E LINE SWI/ SEC 3-88-2E 574°51'14T500.62' 501°51'40'E 847.46' 576°13'40'E 270.74' 571°I3''021E 663.21 LOT 1 VALENTINE PLACE NO. 3 N72°07'40 305.86' N71 °59'29'W 1,16026'I7'W 361.67' LOT 2 NW1/4 SW1/4 SEC 3-88-2E W. LINE LOT 2 14W1/4 5141/4 SEC. 3-88-2E DATE SIGNED; 1/25/2016 N70°25'45'x! 550.20'- � a W+a tti rt ye8 s 171 fia law* 1 hdnby cerilyy that this Lana Surreytha dOCWMII tot papa ed by at or larder ref direct prrsvui upmto ton and Mit 1 as duly Lie.niad Lola Stroh:, % W%r ft C! t ;j ynm.i l(t+tRAE 0.t Llano* n..M, 1505 sy Itcanu re1Me11 dear ti attester 31.20ti rapes er sheets cowered by tilts testi Witt tab2 ar7 AECOM N66°15'511/ 174.37'- 501°51'40'E 2645.73' 51/4 COR SEC 3-88-2E FD SCU COUNTY PARCEL NO.1503300002 = 257,035 5Q. FT. COUNTY PARCEL N0.1503127016 = 554,438 5Q. FT. LEGEND 447.7:5' Mr. MEASURED 447.40' R _ RECORD 150 300 450 600 SCALE IN FEET REVISED I-23-2016 SHEET 1 OF 2 AE ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L VALENTINE COUNTY PARCEL NO5.1503300002 & 1503127016 PROJECT PARCEL NO. 150A DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 150A COUNTY PARCEL NOS,1503300002 AND 1503127016 A PARCEL OF LANE) SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 114 AND PART OF LOT 1 OF VALENTINE PLACE NO.3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01.51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 847.46 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01.51'40' EAST ON SAID EAST LINE, 412.97 FEET; THENCE NORTH 6896'51' WEST, 174.37 FEET; THENCE NORTH 83.18'04' WEST, 305.94 FEET; THENCE NORTH 70'25'45' WEST, 550.20 FEET; THENCE NORTH 68.28"17' WEST, 391.67 FEET; THENCE NORTH 71'5928" WEST, 390.03 FEET; THENCE NORTH 72'07'40• WEST, 305.86 FEET TO THE WEST UNE OF SAID LOT 2; THENCE NORTH 01'5912" WEST ON SAID WEST UNE, 438.18 FEET; THENCE SOUTH 63'2071" EAST, 262.65 FEET; THENCE SOUTH 68'09'33' EAST, 396.92 FEET; THENCE SOUTH 74.51'14' EAST, 500.62 FEET; THENCE SOUTH 7693'40' EAST, 270.74 FEET; THENCE SOUTH 71.13'02' EAST, 683.21 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 114 OF SECTION 3 AND OF LOT 1 IN VALENTINE PLACE NO. 3, AU. IN TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5T1-1 P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 811,533 SQUARE FEET OR 18.63 ACRES. COUNTY PARCEL NO.1503300002 - LOT 2 OF THE NW1/4 OF THE SW1/4, SEC. 3-88-2E, CONTAINS 257,035 SQUARE FEET OR 5.90 ACRES. COUNTY PARCEL NO, 1503127016 - LOT 1 OF VALENTINE PLACE NO. 3 CONTAINS 554,498 SQUARE FEET OR 12.73 ACRES. REV ISED 1-23-2016 SHEET 2 OF 2 PREPARED ElIt MICHAEL, R. EAGLE, AECOLI, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, S0701, 3I9-2324331 TEMPORARY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L VALENTINE COUNTY PARCEL NOS.1503300002 & 15D3127016 PROJECT PARCEL NO. 150A WI/4 COR SEC 3-88-2E FD SCM NSB*49'02E 1312.52' ........... y ...... µ ..... ...... -a NE COR 501/4 NW COR NEI/4 SW1/4 SEC 348-2E ALSO BEING SEC 3-85-2E THE CTR SEC 3-118-2E FD I.P. W/CAP H0.4016 FD I.P. W/CAP N0.14417 N813°46'39•E 129E1.44'— 20ACCESS EASEMENT ... .. ... NI36°49'.Q.2:E 656.26' P.O.B. TE TEMPORARY EASEMENT FD REBAR/YELLOW PLASTIC CAP P10. 4016 N LINE SWI/4 SEC 3-88-2E FO REBAR/YELLOW PLASTIC CAP NO. 4016 E LINE SW1/9 SEC 3-88-2E ACQUISITION W. LINE LOT 2 NWI/4 SWI/4 LOT 2 NW1 /4 SWI/4 SEC 3-88-2E PERMANENT UTILIY EASEMENTS LOT 1 VALENTINE PLACE NO. 3 DATE SIGNED:1/25/2016 1 her*Ar *1,1:4 MI 71 Lint &waling Mmtokent *at prima77t1 7.7 ‘7777e porsaml swerril Ana Um% 1 o. Iv 1771 Lard Survermie tat" *7 Mull. /45:764 711 Gtatt L177.77 ntrbar Immaqr rvronal *Mt 1. 71.7e1I Pairs or glints serene by tali .114)1I IM1 Cr 7 AECOM SOI *51'401 2645.73' SI/4 COR SEC 3 -11B -2E FD SOA LEGEN9 447.75' M 2 MEASURED 447.40R RECORD 150 300 450 600 1/1/100111111 SCALE 114 FEET REVISED I/23/2016 SHEET 1 OF 2 TEMPORARY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L VALENTINE COUNTY PARCEL NOS.1503300002 & 1503127016 PROJECT PARCEL Na, 1SOA BEARING / DISTANCE TE PORARY EASEMENT 1 TO 2 5 01 "59'12" E 601.61' 2 TO 3 5 72 " 07 ' 40 " E 90.96 3 TO 4 S 19"08'35" W 62.91' 4 TO 5 N 70 "37`23" W 67.52! 5 TO 2 N 01 " 59 ' 12 " W 64.98 DESCRIPTION: TEMPORARY EASEMENT PROJECT PARCEL NO. 150A COUNTY PARCEL NO. 1503300002 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 88• (DEGREES) 49' (MINUTES) 02' (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 656.26 FEET TO THE WEST UNE OF SAID LOT 2; THENCE SOUTH 01'59'12" EAST ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 601,61 FEET; TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 72`07'40" EAST, 90.96 FEET; THENCE SOUTH 19'08'35' WEST, 62.91 FEET; THENCE NORTH 70°37'23" WEST, 67.52 FEET TO THE WEST UNE OF SAID LOT Z; THENCE NORTH 01.5912" WEST ON THE WEST UNE OF SAID LOT 2, A DISTANCE OF 64.98 FEET TO THE POINT OF BEGINNING. CONTAINING 4.903 SQUARE FEET OR 0.11 ACRE AECOM REVISED 1/23/2016 SHEET 2 OF 2 PREPARED DTI MICMAC. R. FAME, AECOM, SOI SYCAbrOFE STREET, SUITE 22Z WATERLOO, 100,5070Z 319.232-633t PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIA!. CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER GARY L VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCE3. NO. 150A WI/4 COR SEC 3-68-2E F0 SCM 1488°49'02'E 1312.52' NW COR NEI/4 SWI/4 SEC 3-88-2E FO 1.P. W/CAP 60.4016 N88°46'391 1298.44' FD REBAR/YELLOW PLASTIC CAP N0.4016 N LINE SWI/4 SEC 3-88-2E PERMANENT UTILITY EASEMENT NO.I CTR SEC 3-88.2E FD I.P. W/CAP N0, 144:17 20' ACCESS EASEMENT FD REOAR/YELLOW PLASTIC CAP NO.4016 E LINE SWl/ SEC 3-86-2E 501 °51'40'E 615.40' 501°51'40'E 1260.43' P.O.B. PUE I PERMANENT UTILITY EASEMENT N0.2 LOT 2 NW1/4 SW1/4 SEC 3-88-2E \--W. LINE LOT 2 NWI/4 S141/4 SEC. 3-88-2E DATE SIGNED: (/2512016 LOT 1 VALENTINE PLACE t40. 3 tix� it +er nava,t � ° a 1 hereby aorta' that alit Land Swelling *aimed an prepared by M or War K dfrni pereenat ebearreistab obi We t am a duty *owl Lind Sweyr tl+a� isy..p sat. 1 24 c�fdiJ r- as :a�r�. MOOEL R. P Data Llama weber 1305 Mr llama Hemet *I Ma to 4aaeear 31,30ta Pap r aheea cowed 6y lbw a«is "CEP! I m 2 trJ 501°5I'40'E 2645.73' SI/4 COR SEC 3-88-2E FU SCM LEDENQ 447.75' M = MEASURED 447.40' R = RECORD 150 300 450 600 1 SCALE IN FEET SHEET 1 OF 3 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS.1503300002 & 1503127016 PROJECT PARCEL NO.150A BEARING / DISTANCE PERMENENT UTILITY EMENT NO.1 1 10 2 5 01'51'_40' E 32.06 2 TO 3 N 71 ' 13 ' 02 " W 663 Z1 ' 3 TO 4 N 76 ` 13 ' 40 " W 270.74 4 TO 5 N 74 • 51 ' 14 " W 500.62 5 TO 6 N 68 ' 09 ' 33 " W 396.92 6 TO 7 N 63 ' 20 ' 21 " W 262.65 7 TO'8 N 01 '59'12' W 34.18 8 TO 9 5 63 • 20 ' 21 " E 277.78 9 TO 10 S 68 • 09 ' 33 E 393.90 10 TO 11 3 74 51'14 " E 498.51 11 70 12 5 76 ` 13 ''40 " -E 271.69 12 TO 1 5 71 • 13 ' 02 " E 553.22 BEARING / DISTANCE PERMENENT IfiUTY EASEMENT NO.2 13 10 14 501'51'40' E 33.26' 14 TO 15 N 66 '16'51' W 184.24' 15 1016 N 83 ' 18 ' 04 " W 304.84 ' 16 TO 17 N 70 ` 25 '45 " W 554.63 ' 17T018 N 66°26'17"W 361.26' 187019 N 71" 59'29" W 38853' 19 TO 20 N 72 • 07 ` 40 ' W 294.99 ' 207021 N 01 • 59 `12 ' W 31.90' 217022 S 72'07'40" E 305.86' 22 TO 23 5 71 • 59 ' 29 ' E 390.03 ' 237024 5 66 '26'17• E 361.67' 2410 25 5 70 • 23 ' 45 " E 550.20 ' 25 TO 25 5 83 ' 18 ' 04 " E 305.94 ' 26 TO 13 3 66 ' 16 ` 51 " E 174.37 ' SHEET 2 OF 3 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY MM. NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A DE C IPTION. PERMANENT LITIUTY EASEMENT 1 PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 114 OF THE SOUTHWEST 114 AND PART OF LOT 1 OF VALENTINE PLACE NO, 3 ALL IN SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PM., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 3;THENCE SOUTH 0151'40* EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 815.40 FEET TO THE POINT OF BEGINNENG OF THE PARCEL CF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01'5140* EAST ON SAID EAST LINE, 32.06 FEET; THENCE NORTH 74°1302" WEST, 66321 FEET; THENCE NORTH 7641340* WEST, 270,74 FEET; THENCE NORTH 7451'14" WEST, 500,62 FEET; THENCE NORTH 68409'33* WEST, 396.92 FEET; THENCE NORTH 63'20'21" WEST, 262.65 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 0V5912* WEST ON SAID WEST LINE, 34.18 FEET; THENCE SOUTH 8342021* EAST, 277,78 FEET; THENCE SOUTH 68"09'33' EAST, 393.90 FEET; THENCE SOUTH 74'51'14" EAST% 498.51 FEET; THENCE SOUTH 7613'40" EAST, 271.6a FEET; THENCE SOUTH 711 3'02* EAST, 86322 FEET TO THE POINT OF BEGINNING CONTAINING 62,638 SQUARE FEET OR 1.44 ACRES. DESCRIPTION: PERMANENT UTILITY EASEMENT 2 PROJECT PARCEL NO 150A COUNTY PARCEL NOS, 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 114 OF THE SOUTHWEST 114 AND PART OF LOT 1 OF VALENTINE PLACE NO, 3 AU. IN SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE STH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS', COMMENCING AT THE CENTER OF SAID SECTION 3; THENCE SOUTH 01'51'40 EAST ON THE EAST UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 1260.43 FEET TO THE polar OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBEDETHENCE CONTINUING SOUTH 01 '51.40* EAST ON SAID EAST UNE, 33.26 FEET; THEME NORTH 661651 -WEST, 184.24 FEET; THENCE NORTH 83 1804* WEST, 304,84 FEET; THENCE NORTH 70*2515* WEST, 554.63 FEET; THENCE NORTH 66261r WEST, 361.28 FEET:THENCE NORTH 71'5929" WEST, 388,53 FEET; THENCE NORTH 72'07'40' WEST, 294.99 FEET TO THE WEST UNE OF SAID LOT 2; THENCE NORTH 01'5912WEST ON SAID WEST UNE, 31,90 EEE r; THENCE SOUTH Tromp. EAST, 305.86 FEET; THENCE SOUTH 71'59'294 EAST, 390.03 I -Eft I; THENCE SOUTH 68'261r EAST, 381.67 FEET; THENCE SOUTH 7025'45* EAST, 55020 i-ftk I ; THENCE SOLTIN 831804' EAST, 305.04 FEET; THENCE SOUTH 6898'51' EAST. 174.37 FEET TO THE POINT OF BEGINNING. CONTAINING 62,649 SQUARE FEET OR 144 ACRES, AECOM SKEET 3 OF 3 IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, OWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant No. CERTIFICATE CERTIFICATE In accord with Iowa Code Section 6B.37, I certify under penalty of perjury and pursuant to the laws of the State of lowa that the attached Application for Condemnation has been approved by the Chief Judge of the First Judicial District, that the attached documents are true and correct copies of the original files in these proceedings, and that the statements accompanying these documents are true. CITY OF DUBUQUE, IOWA By -esgtr 1..4a4s1) Filed in my office at Dubuque, lowa Barry A. ah[, Esq. City Attorney day of , 2016. Sheriff of Dubuque County, lowa 4 Page iof1 11111111111111$11111111111111111111111111111111111111111111111111111111111111 • Doc ID: 008431790020 Type: GEN Kind: CONDEMNATION Fee Amt $102.002Pageat1 of 04:20 25 PM Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder (� Fi1e2016-00005320 RECORDER'S COVER SHEET APPLICATION FOR CONDEMNATION Preparer Information: Barry A. Lindahl, City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001, Telephone: (563) 583-4113 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Barry A. Lindahl, City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 Legal Description: See pages 1 — 5 on attached Application for Condemnation Grantors: Ronald L. Valentine Gary L. Valentine Grantees: The City of Dubuque, Iowa Dubuque Southwest Arterial Project No. HOP - 2100 (679)-71-31 Parcel 149 Ronald & Gary Valentine Parcel 150a Gary Valentine File Number: 2Q ,1y 20 Seq: 1 IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant No. ay. APPLICATION FOR CONDEMNATION TO: The Chief Judge of the First Judicial District YOU ARE HEREBY NOTIFIED that the Applicant, City of Dubuque, Iowa, desires to take, acquire and condemn fee title and permanent and temporary easements to the property hereafter described. The Applicant desires to acquire the property sought to be condemned for the Southwest Arterial Project. 1. PROPERTY TO BE ACQUIRED; PUBLIC USE OR PURPOSE FOR THE TAKING. The property sought to be acquired is for fee title and permanent and temporary easements for public improvements for the construction of the Southwest Arterial, a four -lane divided freeway between Highway 61/151 and Highway 20. LEGAL DESCRIPTION Parcel 149 — Ronald L. Valentine & Ga L. Valentine 1. Fee Simple Acquisition -149 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 149 COUNTY PARCEL NO. 1503151003 Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 149 Ronald & Gary Valentine Parcel 150A Gary Valentine A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 3; THENCE NORTH 01° (DEGREES) 17' (MINUTES) 14" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112.38 FEET; THENCE SOUTH 79°50'23" EAST, 188.53 FEET; THENCE SOUTH 70°01'07" EAST, 208.56 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88°49'02" WEST ON SAID SOUTH LINE, 379.14 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 24,657 SQUARE FEET OR 0.57 ACRE. 1 is shown on Exhibit 1 attached hereto. 2. Permanent Utility Easement - 149 DESCRIPTION: PERMANENT UTILITY EASEMENT PROJECT PARCEL NO. 149 COUNTY PARCEL NO. 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 01° (DEGREES) 17' (MINUTES) 14" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112.38 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 01°17'14" WEST ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 30.61 FEET; THENCE SOUTH 79°50'23" EAST, 197.19 FEET; THENCE SOUTH 70°01'07" EAST, 288.63 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88°49'02" WEST ON THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 83.09 FEET; THENCE NORTH 70°01'07" WEST, 208.56 FEET; THENCE NORTH 79°50'23" WEST, 188.53 FEET TO THE POINT OF BEGINNING. CONTAINING 13,244 SQUARE FEET OR 0.30 ACRE. 2 is shown on Exhibit 2 attached hereto. 2 Parcel 150A — Gary L. Valentine 3. Fee Simple Acquisition - 150A DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 847.46 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40" EAST ON SAID EAST LINE, 412.97 FEET; THENCE NORTH 66°16'51" WEST, 174.37 FEET; THENCE NORTH 83°18'04" WEST, 305.94 FEET; THENCE NORTH 70°25'45" WEST, 550.20 FEET; THENCE NORTH 66°26'17" WEST, 361.67 FEET; THENCE NORTH 71°59'29" WEST, 390.03 FEET; THENCE NORTH 72°07'40" WEST, 305.86 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 438.18 FEET; THENCE SOUTH 63°20'21" EAST, 262.65 FEET; THENCE SOUTH 68°09'33" EAST, 396.92 FEET; THENCE SOUTH 74°51'14" EAST, 500.62 FEET; THENCE SOUTH 76°13'40" EAST, 270.74 FEET; THENCE SOUTH 71°13'02" EAST, 663.21 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3 AND OF LOT 1 IN VALENTINE PLACE NO. 3, ALL IN TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 811,533 SQUARE FEET OR 18.63 ACRES. COUNTY PARCEL NO. 1503300002 - LOT 2 OF THE NW1/4 OF THE SW1/4, SEC. 3-88-2E, CONTAINS 257,035 SQUARE FEET OR 5.90 ACRES. COUNTY PARCEL NO. 1503127016 - LOT 1 OF VALENTINE PLACE NO. 3 CONTAINS 554,498 SQUARE FEET OR 12.73 ACRES. 3 is shown on Exhibit 3 attached hereto. 4. Temporary Easement - 150A DESCRIPTION: TEMPORARY EASEMENT PROJECT PARCEL NO. 150A COUNTY PARCEL NO. 1503300002 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 88° (DEGREES) 49' (MINUTES) 02" (SECONDS) EAST (ASSUMED BEARING FOR THE 3 PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 656.26 FEET TO THE WEST LINE OF SAID LOT 2; THENCE SOUTH 01°59'12" EAST ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 601.61 FEET; TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 72°07'40" EAST, 90.96 FEET; THENCE SOUTH 19°08'35" WEST, 62.91 FEET; THENCE NORTH 70°37'23" WEST, 67.52 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°59'12" WEST ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 64.98 FEET TO THE POINT OF BEGINNING. CONTAINING 4.903 SQUARE FEET OR 0.11 ACRE. 4 is shown on Exhibit 4 attached hereto. 5. Permanent Utility Easement 1 - 150A DESCRIPTION: PERMANENT UTILITY EASEMENT 1 PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART'OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 815.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40" EAST ON SAID EAST LINE, 32.06 FEET; THENCE NORTH 71°13'02" WEST, 663.21 FEET; THENCE NORTH 76°13'40" WEST, 270.74 FEET; THENCE. NORTH 74°51'14" WEST, 500.62 FEET; THENCE NORTH 68°09'33" WEST, 396.92 FEET; THENCE NORTH 63°20'21" WEST, 262.65 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 34.18 FEET; THENCE SOUTH 63°20'21" EAST, 277.78 FEET; THENCE SOUTH 68°09'33" EAST, 393.90 FEET; THENCE SOUTH 74°51'14" EAST, 498.51 FEET; THENCE SOUTH 76°13'40" EAST, 271.69 FEET; THENCE SOUTH 71°13'02" EAST, 663.22 FEET TO THE POINT OF BEGINNING. CONTAINING 62,838 SQUARE FEET OR 1.44 ACRES. 5 is shown on Exhibit 5 attached hereto. 6. Permanent Utility Easement 2 - 150A DESCRIPTION: PERMANENT UTILITY EASEMENT 2 PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 1260.43 4 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40" EAST ON SAID EAST LINE, 33.26 FEET; THENCE NORTH 66°16'51" WEST, 184.24 FEET; THENCE NORTH 83°18'04" WEST, 304.84 FEET; THENCE NORTH 70°25'45" WEST, 554.63 FEET; THENCE NORTH 66°26'17" WEST, 361.26 FEET; THENCE NORTH 71°59'29" WEST, 388.53 FEET; THENCE NORTH 72°07'40" WEST, 294.99 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 31.90 FEET; THENCE SOUTH 72°07'40" EAST, 305.86 FEET; THENCE SOUTH 71°59'29" EAST, 390.03 FEET; THENCE SOUTH 66°26'17" EAST, 361.67 FEET; THENCE SOUTH 70°25'45" EAST, 550.20 FEET; THENCE SOUTH 83°18'04" EAST, 305.94 FEET; THENCE SOUTH 66°16'51" EAST, 174.37 FEET TO THE POINT OF BEGINNING. CONTAINING 62,649 SQUARE FEET OR 1.44 ACRES. 6 is shown on Exhibit 5 attached hereto. 2. NAMES OF RECORD OWNERS AND HOLDERS OF LIENS AND ENCUMBRANCERS OF THE PROPERTY. The names and addresses of all record owners and holders of liens and encumbrancers are as follows: Titleholders: Parcel 149 — Ronald L. Valentine & Gary L. Valentine Ronald L. Valentine 11426 Edval Lane Dubuque, Iowa 52003 Gary L. Valentine 11429 Edval Lane Dubuque, Iowa 52003 Parcel 150A — Gary L. Valentine Gary L. Valentine 11429 Edval Lane Dubuque, Iowa 52003 Lienholders, Encumbrancers and Leaseholders: Parcel 149 — Ronald L. Valentine & Gary L. Valentine Parcel 150A — Gary L. Valentine Dubuque County, Iowa (property taxes) c/o Denis Dolan, County Auditor 720 Central Avenue PO Box 5001 Dubuque, Iowa 52004-5001 Parcel 150A — Gary L. Valentine (only) Ron & Ellen Hartman (Tenant) 8198 Jecklin Lane Dubuque, Iowa 52003 3. LANDS NECESSARY TO ACHIEVE THE PUBLIC PURPOSE AND LANDS PROPOSED TO BE ACQUIRED FOR THE PROJECT. The Applicant asserts that the property constitutes the necessary minimum amount of land to achieve the purpose herein identified, and thatno portion of the property is being acquired as or will result in an uneconomic remnant. 4. GOOD FAITH EFFORTS MADE BY THE CITY TO NEGOTIATE THE PURCHASE OF THE PROPERTY. The Applicant represents and warrants that it has undertaken activities in attempting to negotiate the purchase of the property from the property owner by offering the fair market value established by the City Council based on appraised value for the property being acquired. 5. NO STATE FUNDS. No part of the damages are to be paid by the state of Iowa and the land to be condemned is NOT within an agricultural area as provided in chapter 352. NOW, THEREFORE, pursuant to a regularly adopted resolution by the City Council of the City of Dubuque, Iowa, YOU ARE HEREBY REQUESTED to appoint a Compensation Commission to appraise the damages caused by this appropriation, such Commission to consist of six commissioners who shall be residents of Dubuque County, Iowa. YOU ARE FURTHER REQUESTED to give written notice to the undersigned as soon as the Commissioners have been appointed. Dated this a2riday of / PRI L . , 2016. 6 CITY OF DUBUQUE, IOWA By .) Barry A. Linhl, Esq. City Attorney 300 Main Street, Suite 330 Dubuque IA 52001 Tele 563 583-4113 Fax 563 583-1040 balesq(a�cityofdubuque.orq APPROVED this + day of First Judicial District 7 , 2016 BRADLEY J. HARRIS DISTRICT COURT JUDGE IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE •-•DSOUTHWEST ARTERIAL PROJECT No. by THE CITY OF DUBUQUE, IOWA, Applicant CERTIFICATE In accord with Iowa Code Section 6B.37, I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the attached Application for Condemnation has been approved by the Chief Judge of the First Judicial District, that the attached documents are true and correct copies of the original files in these proceedings, and that the statements accompanying these documents are true. CITY OF DU UQUE, IOWA By: Ba A. Lindahl, Esq. Cit Attorney Filed in my office at Dubuque, Iowa day of , 2016. Sheriff of Dubuque County, Iowa 8 '14"W 112.38' 0 0 z PREPARED 8Y: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SHITE 222, WATERLOO, IOWA, 50703, 319-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L VALENTINE & GARY L VALENTINE COUNTY PARCEL NO.1503151003 PROJECT PARCEL NO. 149 NW COR SEC 3-88-2E FD SCM W LINE W FRL 1/2 NWI/4 SEC 3-88-2E N01°17'14"W 3377.21' S79°50'23"E 188.53' LOT I -I W FRL 1/2 NWI/4 SEC 3-88-2E S70°01'07"E 208.56' TS LINE W FRL 1/2 NWI/4 SEC 3-88-2E - \ S88°49'02'W 379.14' NE COR SEC 1/3-88-2E FD I.P. W/CAP N0. 4016 P.O.B. EXHIBIT WI/4 COR SEC 3-88-2E FD SCM S88 °49'02"W 1312.52' LOT I NWI/4 SWI/4 SEC 3-88-2E DATE SIGNED 1/25/2016 1 hereby certify that this Land Surveying document was prepared by me or under my d Irect personal supervision and that I am a duly Licensed Land Surveyor under x+elad /'/Oe State of lona. /-2r-2otG. Date L !cense number 8505 My I !cense renewal date Is December 31,2016 Pages or sheets covered by this seal: SIF ETS 1 ANO 2 OF 2 AECOM LOT 2 NWI/4 SWI/4 SEC 3-88-2E LEGEND 447.75' M = MEASURED 447.40' R = RECORD 0 100 200 300 400 SCALE IN FEET REV I SED: 1/25/16 SHEET 1 OF 2 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L VALENTINE & GARY L. VALENTINE COUNTY PARCEL NO. 1503151003 PROJECT PARCEL NO. 149 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 149 COUNTY PARCEL NO. 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 3; THENCE NORTH 010 (DEGREES) 17' (MINUTES) 14" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112.38 FEET; THENCE SOUTH 79°50'23" EAST, 188.53 FEET; THENCE SOUTH 70°01'07" EAST, 208.56 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88°49'02" WEST ON SAID SOUTH LINE, 379.14 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 24,657 SQUARE. FEET OR 0.57 ACRE. AECOM REV I SED: 1/25/16 SHEET 2 OF 2 P.O.B. PUE EXHIBIT PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L. VALENTINE & GARY L. VALENTINE COUNTY PARCEL NO.1503151003 PROJECT PARCEL NO. 149 NW COR SEC 3-88-2E FD SCM W LINE W FRL 1/2 NWI/4 SEC 3-88-2E N01°17'14"W 3377.21' LOT 1-1 W FRL 1/2 NWI/4 SEC 3-88-2E -------------------------------------------------- S LINE W FRL 1/2 NWI/4 SEC 3-88-2E --------------------- WI/4 COR SEC 3-88-2E FD SCM LOT I NWI/4 SWI/4 SEC 3-88-2E DATE SIGNED 1/25/2016 I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly L ensed Land Surveyor undo the a of t State of lova. L l• 23' •2014 MICHAEL R. FAGLE Date License number 8505 My Iicense renewal date is December 31,2016 Pages or sheets covered by this seal: SHEETS 1 AMO 2 OF 2 AECOM NE COR NWI/4 SWI/ SEC 3-88-2E FD I.P. W/CAP NO. 4016 S88°49'02"W 1312.52' LOT 2 NWI/4 SWI/4 SEC 3-88-2E LEGEND 447.75' M = MEASURED 447.40' R = RECORD 0 100 200 300 400 SCALE IN FEET SHEET 1 OF 2 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: RONALD L. VALENTINE & GARY L. VALENTINE COUNTY PARCEL NO. 1503151003 PROJECT PARCEL NO. 149 BEARI NG / DISTANCE PERMANENT UTILITY EASEMENT 1 TO 2 N 01 °17'14" W 112.38' 2 TO 3 N 01 °17'14" W 30.61' 3 TO 4 5 79°50'23" E 197.19' 4 TO 5 S 70 ° 01 ' 07 " E 288.63 ' 5 TO 6 S 88 " 49 02 " W 83.09 ' 6 TO 7 N 70 ° 01 ' 07 " W 208.56 ' 7 TO 2 N 79 ° 50 23 " W 188.53 ' DESCRIPTION: PERMANENT UTILITY EASEMENT PROJECT PARCEL NO. 149 COUNTY PARCEL NO. 1503151003 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 01° (DEGREES) 17' (MINUTES) 14" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 112.38 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 01°17'14" WEST ON THE WEST LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 30.61 FEET; THENCE SOUTH 79°50'23" EAST, 197.19 FEET; THENCE SOUTH 70°01'07" EAST, 288.63 FEET TO THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 88°49'02" WEST ON THE SOUTH LINE OF THE WEST FRACTIONAL 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 83.09 FEET; THENCE NORTH 70°01'07" WEST, 208.56 FEET; THENCE NORTH 79°50'23" WEST, 188.53 FEET TO THE POINT OF BEGINNING. CONTAINING 13,244 SQUARE FEET OR 0.30 ACRE. ICOM SHEET 2 OF 2 PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A WI/4 COR SEC 3-88-2E FD SCM y—N88°49'02"E 1312.52' ------------------ S63°20'21"E 262.65' S68 °09'33"E 396.92' NW COR NEI/4 SWI/4 SEC 3-88-2E FD I.P. W/CAP N0. 4016 N88 °46'39"E 1298.44' CTR SEC 3-88-2E FD I.P. W/CAP NO. 14417 20' ACCESS EASEMENT s 8 EXHIBIT 3 FD REBAR/YELLOW PLASTIC CAP N0.4016 N LINE SWI/4 SEC 3-88-2E FD REBAR/YELLOW PLASTIC CAP NO. 4016 E LINE SWI/4 SEC 3-88-2E S74°51'14"E 500.62' SOI °51'40"E 847.46' S76°13'40"E 270.74' S71°13'02"E 663.21 N01 °59'12"W 438.18' LOT 1 VALENTINE PLACE NO. 3 P.O.B. N72°07'40"W 305.86' N71°59'29"W 390.03' N66 °26' 17"W 361.67' LOT 2 NW1 /4 SW1 /4 SEC 3-88-2E SOI°51'40"E 412.97' N70°25'45"W 550.20' N83°18'04"W 305.94' W. LINE LOT 2 NWI/4 SWI/4 SEC. 3-88-2E DATE SIGNED: 1/25/2016 I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor Zap" State of Iowa. Z5.261)4, MICHAEL MICHAEL R. FAGLE Date License number 8505 My license renewal date Is Decanter 31,20 16 Pages or sheets covered by this seal: SHEErS 1 AR0 2 OF 2 AECOM N66°16'51"W 174.37' S01 °51'40"E 2645.73' SI/4 COR SEC 3-88-2E FD SCM COUNTY PARCEL NO. 1503300002 = 257,035 SQ. FT. COUNTY PARCEL NO.1503127016 = 554,498 SQ. FT. LEGEND 447.75' M = MEASURED 447.40' R = RECORD 0 150 300 450 600 SCALE IN FEET REVISED 1-23-2016 SHEET 1 OF 2 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS.1503300002 & 1503127016 PROJECT PARCEL NO. 150A DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 847.46 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40" EAST ON SAID EAST LINE, 412.97 FEET; THENCE NORTH 66°16'51" WEST, 174.37 FEET; THENCE NORTH 83°18'04" WEST, 305.94 FEET; THENCE NORTH 70°25'45" WEST, 550.20 FEET; THENCE NORTH 66°26'17" WEST, 361.67 FEET; THENCE NORTH 71°59'29" WEST, 390.03 FEET; THENCE NORTH 72°07'40" WEST, 305.86 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 438.18 FEET; THENCE SOUTH 63°20'21" EAST, 262.65 FEET; THENCE SOUTH 68°09'33" EAST, 396.92 FEET; THENCE SOUTH 74°51'14" EAST, 500.62 FEET; THENCE SOUTH 76°13'40" EAST, 270.74 FEET; THENCE SOUTH 71°13'02" EAST, 663.21 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3 AND OF LOT 1 IN VALENTINE PLACE NO. 3, ALL IN TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 811,533 SQUARE FEET OR 18.63 ACRES. COUNTY PARCEL NO. 1503300002 - LOT 2 OF THE NW1/4 OF THE SW1/4, SEC. 3-88-2E, CONTAINS 257,035 SQUARE FEET OR 5.90 ACRES. COUNTY PARCEL NO. 1503127016 - LOT 1 OF VALENTINE PLACE NO. 3 CONTAINS 554,498 SQUARE FEET OR 12.73 ACRES. AECOM REVISED I-23-2016 SHEET 2 OF 2 PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 TEMPORARY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO.150A WI/4 COR SEC 3-88-2E FD SCM N88 °49'02"E 1312.52' ------------------- N88°49'02"E 656.26' P.O.B. TE TEMPORARY EASEMENT Z N LINE LOT 2 WI/4 SWI/4 LOT 2 NW1/4 SW1/4 SEC 3-88-2E DATE SIGNED: 1/25/2016 NW COR NEI/4 SWI/4 SEC 3-88-2E FD I.P. W/CAP NO. 4016 N88°46'39"E 1298.44' ------------- FD REBAR/YELLOW PLASTIC CAP N0.4016 N LINE SWI/4 SEC 3-88-2E ACQUISITION NE COR SWI/4 SEC 3-88-2E ALSO BEING THE CTR SEC 3-88-2E FD I.P. W/CAP N0. 14417 20' ACCESS EASEMENT FD REBAR/YELLOW PLASTIC CAP N0.4016 E LINE SWI/4 SEC 3-88-2E PERMANENT UTILIY EASEMENTS LOT 1 VALENTINE PLACE NO. 3 1 hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that. I am a d ly LJJ}rrrensed Land Surveyor un� to I �f Jttfe Mate of Iowa. /-Z5".20/; MICHAEL R. AGLE Date License number 8505 My license renewal date Is December 31,2016 Pages or sheets covered by this seal: SHEETS I AND 2 OF 2 AECOM S01 °51'40"E 2645.73' SI/4 COR SEC 3-88-2E FD SCM LEGEND 447.75' M = MEASURED 447.40' R = RECORD EXHIBIT a 4 0 150 300 450 600 SCALE IN FEET REVISED 1/23/2016 SHEET 1 OF 2 TEMPORARY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A BEARING / DISTANCE TEMPORARY EASEMENT 1 TO 2 S 01 °59'12" E 601.61' 2 TO 3 S 72 0 07 40 " E 90.96 3 TO 4 S 19°08'35 " W 62.91' 4 TO 5 N 70 0 37 ' 23 " W 67.52 5 TO 2 N 01 °59'12°' W 64.98 DESCRIPTION: TEMPORARY EASEMENT PROJECT PARCEL NO. 150A COUNTY PARCEL NO. 1503300002 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 88° (DEGREES) 49' (MINUTES) 02" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 656.26 FEET TO THE WEST LINE OF SAID LOT 2; THENCE SOUTH 01°59'12" EAST ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 601.61 FEET; TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 72°07'40" EAST, 90.96 FEET; THENCE SOUTH 19°08'35" WEST, 62.91 FEET; THENCE NORTH 70°37'23" WEST, 67.52 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01`'5912" WEST ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 64.98 FEET TO THE POINT OF BEGINNING. CONTAINING 4.903 SQUARE FEET OR 0.11 ACRE. AECOM REVISED 1/23/2016 SHEET 2 OF 2 PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A WI/4 COR SEC 3-88-2E FD SCM /---N88°49'02°E 1312.52' --------------------------------------- NW COR NEI/4 SWI/4 SEC 3-88-2E FD I.P. W/CAP NO. 4016 N88 °46'39"E 1298.44' CTR SEC 3-88-2E FD I.P. W/CAP NO. 14417 20' ACCESS EASEMENT ----------------------'1:------ EXHIBIT 5 FD REBAR/YELLOW PLASTIC CAP N0.4016 N LINE SWI/4 SEC 3-88-2E PERMANENT UTILITY EASEMENT NO. I FD REBAR/YELLOW PLASTIC CAP N0.4016 E LINE SWI/4 SEC 3-88-2E ^� SOI°51'40"E 815.40' S01°51'40"E 1260.43' ACQUISITION P.0.8. PUE 1 PERMANENT UTILITY EASEMENT NO. 2 P.O.B. PUE 2 LOT 2 NW1/4 SW1/4 SEC 3-88-2E W. LINE LOT 2 NWI/4 SWI/4 SEC. 3-88-2E DATE SIGNED: 1/25/2016 LOT 1 VALENTINE PLACE NO. 3 I hereby certify that this Land Surveying document vas prepared by me or under my direct personal supervision and that I am a duly L�jensed Land Surveyor u ' ays j' p State of lova. MICHAEL R. FALL Date License number 8505 My license renewal date Is December 31.2016 Pages or sheets covered by this seals SHEETS 1 AND 2 DF 2 AECOM SOI °51'40"E 2645.73' SI/4 COR SEC 3-88-2E FD SCM LEGEND 447.75' M a MEASURED 447.40' R = RECORD 0 150 300 450 600 SCALE IN FEET SHEET 1 OF 3 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A BEARING / DISTANCE PERMENENT UTILITY EASEMENT NO. 1 1 TO 2 S 01 °51'40" E 32.06 2 TO 3 N 71 °13'02" W 663.21 3 TO 4 N 76 ° 13 ' 40 " W 270.74 4 TO 5 N 74 °51'14" W 500.62 5 TO 6 N 68 ° 09 33 " W 396.92 6 TO 7 N 63 ° 20 ' 21 " W 262.65 7 TO 8 N 01 °59'12" W 34.18 8 TO 9 S 63° 20'21 " E 277.78 9 TO 10 S 68 ° 09 33 " E 393.90 10 TO 11 S 74° 51 14 " E 498.51 11T012 S 76 °13'40" E 271.69 12 TO 1 S 71 0 13 02 " E 653.22 BEARI NG / DISTANCE PERMENENT UTILITY EASEMENT NO. 2 13 TO 14 S 01 °51'40" E 33.26 14 TO 15 N 66 °16'51" W 184.24 15 TO 16 N 83° 18 04 " W 304.84 16 TO 17 N 70 ° 25 ' 45 " W 554.63 17 TO 18 N 66° 26'17 " W 361.26 18 TO 19 N 71° 59 29 " W 388.53 19 TO 20 N 72 ° 07 ' 40 " W 294.99 20TO21 N 01° 59'12 " W 31.90 21 TO 22 S 72 ° 07 40 " E 305.86 22 TO 23 S 71 ° 59 ' 29 " E 390.03 23 TO 24 S 66 ° 26 ' 17 " E 361.67 24 TO 25 S 70 ° 25 45 " E 550.20 25T026 S 83 °18'04" E 305.94' 26 TO 13 S 66° 16'51" E 174.37 A COM SHEET 2 OF 3 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A DESCRIPTION: PERMANENT UTILITY EASEMENT 1 PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 815.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40" EAST ON SAID EAST LINE, 32.06 FEET; THENCE NORTH 71°13'02" WEST, 663.21 FEET; THENCE NORTH 76°13'40" WEST, 270.74 FEET; THENCE NORTH 74°51'14" WEST, 500.62 FEET; THENCE NORTH 68°09'33" WEST, 396.92 FEET; THENCE NORTH 63°20'21" WEST, 262.65 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°5912" WEST ON SAID WEST LINE, 34.18 FEET; THENCE SOUTH 6320'21" EAST, 277.78 FEET; THENCE SOUTH 68°09'33" EAST, 393.90 FEET; THENCE SOUTH 74°51'14" EAST, 498.51 FEET; THENCE SOUTH 76°13'40" EAST, 271.69 FEET; THENCE SOUTH 71°13'02" EAST, 663.22 FEET TO THE POINT OF BEGINNING. CONTAINING 62,838 SQUARE FEET OR 1.44 ACRES. DESCRIPTION: PERMANENT UTILITY EASEMENT 2 PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1 5031 2701 6 • A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 1260.43 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40" EAST ON SAID EAST LINE, 33.26 FEET; THENCE NORTH 66°16'51" WEST, 184.24 FEET; THENCE NORTH 83°18'04" WEST, 304.84 FEET; THENCE NORTH 70°25'45" WEST, 554.63 FEET; THENCE NORTH 6626'17" WEST, 361.26 FEET; THENCE NORTH 71°5929" WEST, 388.53 FEET; THENCE NORTH 72°07'40" WEST, 294.99 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 31.90 FEET; THENCE SOUTH 72°07'40" EAST, 305.86 FEET; THENCE SOUTH 71°59'29" EAST, 390.03 FEET; THENCE SOUTH 6626'17" EAST, 361.67 FEET; THENCE SOUTH 70°25'45" EAST, 550.20 FEET; THENCE SOUTH 83°18'04" EAST, 305.94 FEET; THENCE SOUTH 66°165t' EAST, 174.37 FEET TO THE POINT OF BEGINNING. CONTAINING 62,649 SQUARE FEET OR 1.44 ACRES. A COM SHEET 3 OF 3 IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT No. 224 by THE CITY OF DUBUQUE, IOWA, Applicant ORDER SELECTING AND APPOINTING COMPENSATION COMMISSIONERS An Application for Condemnation having been filed with me by the Applicant for the selection and appointment, by lot, of six suitable persons as by law provided to act as a Compensation Commission to assess and appraise the damages sustained by reason of the condemnation of certain specified rights in certain land described by the Applicant in its Application filed in the above -entitled matter, I hereby DESIGNATE, SELECT and APPOINT as the members of said Compensation Commission required in this matter the following persons: NAME ADDRESS QUALIFICATIONS 1. Bea Bisenius Soens, 978 Spires Dr., Dubuque, IA 52001 LICENSED REAL ESTATE 2. Bruce Heitz, 3260 Lakefront Dr., Dubuque, IA 52003 BROKER/SALESPERSON 1. Patrick Hogrefe, 10556 Skylark Dr., Peosta, IA 52068-9442 KNOWLEDGEABLE OF 2. James Kennedy Jr., 3378 Arrowwood Ln., Dubuque, IA 52001 PROPERTY VALUES BY REASON OF OCCUPATION 1. Carol Walsh, 4563 Sundown Rd., Bernard, IA 52032-9998 OWNERS -OPERATORS 2. Dan Acensdorf, 8785 Scenic Hill Ln., Dubuque, IA 52003 OF AGRICULTURAL PROPERTY Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 149 Ronald & Gary Valentine Parcel 150a Gary Valentine Parcel 150b Ronald & Marlene Valentine I further DESIGNATE, SELECT and APPOINT the above-named Bea Bisenius Soens to act as Chairperson of said Commission and Bruce Heitz is appointed to act as Alternate Chairperson. Pursuant to Iowa Code § 6B.5, one of the above-named Compensation Commissioners shall be subject to challenge without cause by the Applicant and one of the above-named Compensation Commissioners shall be subject to challenge without cause by the party or parties representing the ownership interest of the property being condemned. I further DESIGNATE, SELECT and APPOINT the following persons to serve as alternate members of said Compensation Commission, to serve in the event that any of the said members having the same qualifications are unable to serve for any reason or in the event any such members are stricken from the panel as by law provided: NAME ADDRESS QUALIFICATIONS 1. Carol Ruden, 412 4th Ave. SE., Dyersville, IA 52040 2. Jane O'Neill, 1006 Dunham Dr., Dubuque, IA 52001 3. Terry Duggan, 2428 Beacon Hill Dr., Dubuque, IA 52003 1. Michael Muir, 18263 Meadow View Dr., Durango, IA 52039 2. Sherry Horsfield, 20214 E. Pleasant Grove Rd., Peosta, IA 52068 3. Joseph Daly, 14097 Holy Cross Rd., Farley, IA 52068 1. Steve Sefzik, 19917 Old Hwy Rd., Peosta, IA 52068 2. Wilfred Steffensmeier, 11707 Jamesmeier Rd., Farley, IA 52046 3. Loras Link, 21385 Horseshoe Rd., Sherrill, IA 52073 LICENSED REAL ESTATE BROKER/SALESPERSON KNOWLEDGEABLE OF PROPERTY VALUES BY REASON OF OCCUPATION OWNERS -OPERATORS OF AGRICULTURAL PROPERTY I HEREBY ORDER that upon being informed of a vacancy in the compensation commission, the Sheriff of Dubuque County, Iowa, shall notify Alternate Commissioners in the order above provided having the same qualifications as the person or persons unable to serve or stricken from the panel, such notification to be given to Alternate Commissioners in the same manner as the original Compensation Commissioners were notified. The Alternate Commissioner first notified who is available to serve as a Compensation Commissioner shall then serve in the place of the Commissioner who was unable to serve or who was stricken from the panel. I further direct that the above-named Alternate Commissioners shall not be subject to challenge without cause. I FURTHER HEREBY ORDER that the Commissioners, and such Alternate Commissioners as are hereafter selected by the Sheriff due the absence or removal of a Commissioner, shall appear at the time and place designated for the meeting of the Compensation Commission in the Notice of 2 Meeting of Compensation Commission to Assess Damages for the Taking of Property, and that prior to said meeting, the above named Commissioners and Alternate Commissioners shall not communicate with the Applicant or the owner or tenant of the property being condemned regarding the condemnation proceedings. TO THE SHERIFF OF DUBUQUE COUNTY, IOWA: Attached hereto please find a duplicate of the Application for Condemnation in the above matter. Dated this ' 441 day of , 2016. Bradley J. Harris, JAG First Judicial District Filed in my office at Dubuque, Iowa, this Sheriff of Dubuque County, Iowa 3 Summons To Commissioners In the matter of the condemnation of certain rights in land by the Iowa Department of Transportation for the Southwest Arterial Project #224 by the Iowa Department of Transportation, Applicant; To: Eminent Domain Commissioners; Whereas the Iowa Department of Transportation has filed in my office an application for the Appointment of a Condemnation Commission to Assess the damages that owners, Iienholders, encumbrances and other persons interested in the land from which certain rights are sought to be appropriated by the these proceedings will sustain by reason of such appropriation of the rights as described in the application filed in my Office, and whereas you have been selected and appointed by the chief judge for Dubuque County, Iowa, and are commanded to be and appear before the undersigned. Sheriff at 770 Iowa Street, Dubuque, IA on the 10th day of June 2016 at 9:30 am, for the purpose of qualifying as such commissioners and proceed to view the property and make an award of the damages as required under penalty of law. pamoi: 24 -C - Don A. Vrotsos Dubuque County Sheriff ACCEPTANCE OF SERVICE FOR CONDEMNATION JUNE 10TH, 9:30AM CITY OF DUBUQUE VS RON & GARY VALENTINE DUE AND LEGAL SERVICE OF THE FOREGOING SUMMONS ACCEPTED AND SIGNED ACCEPTANCE OF SERVICE FOR CONDEMNATION JUNE 10TH, 9:30AM CITY OF DUBUQUE VS RON & GARY VALENTINE DUE AND LEGAL SERVICE OF THE FOREGOING SUMMONS ACCEPTED AND SIGNED BYMEONk9°5-7';5/6 COMMISSIONER ACCEPTANCE OF SERVICE FOR CONDEMNATION JUNE 10T", 9:30AM CITY OF DUBUQUE VS RON & GARY VALENTINE DUE AND LEGAL SERVICE OF THE FOREGOING SUMMONS ACCEPTED AND SIGNED BY ME ON X yam, �� x COMMISSIONER ACCEPTANCE OF SERVICE FOR CONDEMNATION JUNE 10TH, 9:30AM CITY OF DUBUQUE VS RON & GARY VALENTINE DUE AND LEGAL SERVICE OF THE FOREGOING SUMMONS ACCEPTED AND SIGNED BY ME ON ^ I� COMMISSIONER ACCEPTANCE OF SERVICE FOR CONDEMNATION JUNE 10TH, 9:30AM CITY OF DUBUQUE VS RON & GARY VALENTINE DUE AND LEGALS SERVICE OF THE FOREGOING SUMMONS ACCEPTED AND SIGNED Y. BY ME ON .1/1/5/(c, • () » LLL ACCEPTANCE OF SERVICE FOR CONDEMNATION JUNE 10TH, 9:30AM CITY OF DUBUQUE VS RON & GARY VALENTINE DUE AND LEGAL SERVICE OF THE FOREGOING SUMMONS ACCEPTED AND SIGNED IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant No. 224 OATH OF COMPENSATION COMMISSIONERS STATE OF IOWA ss: COUNTY OF DUBUQUE ) Each of the undersigned, being duly sworn, states: That I do possess the qualifications listed under my name below; and That I do not possess any interest in the proceeding which would cause me to render a biased decision; and That I will, to the best of my ability, faithfully and impartially assess the damages which owners, lienholders, encumbrancers and other persons interested in the land from which certain rights are sought to be appropriated by these proceedings will sustain by reason of the appropriation of the right as set forth and described in the Application now on file in the Office of the Sheriff of Dubuque County. That I will make a written report of the assessment of damages to the Sheriff, all as authorized and prescribed in Chapters 6A and 6B, Code of Iowa, and any amendments thereto, and in accordance with the instructions of the Chief Justice of the Supreme Court. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 149 Ronald & Gary Valentine Parcel 150A Gary Valentine That I will well and truly perform any and all other duties imposed upon me by law as a member of the Compensation Commission selected and appointed to assess said dama 4/g4AT c Subscribed and sworn to before me this Notary Public i PALE'S It Commission !slumber 177975 MyCom r'ion ire >OWP Filed in my office this Sheriff of Dubuque County, Iowa. , 2016. 2016. CONDEMNATION COMMISSIONERS STATEMENT TO THE SHERIFF OF DUBUQUE COUNTY: I CERTIFY THAT MY FEE AND EXPENSES AS A MEMBER OF THE COMMISSION IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL FSTATE OR RIGHTS TO REAL ESTATE THAT WAS HELD ON THE 0OF 2 Oil" ARE AS FOLLOWS AND THAT THESE CLAIMS ARE DUE, JUST & UNPAID. 1 DAY OF SERVICE AT $200.00 L la` MILES AT wC}® CENTS. MEALS/ PARKING TOTAL SIGNED THIS DAY /61°N DAY OF & 2011 COMMISSIONE SIGNATURE Y/1/1/ /sThe,t CONDEMNATION COMMISSIONERS STATEMENT TO THE SHERIFF OF DUBUQUE COUNTY: I CERTIFY THAT MY FEE AND EXPENSES AS A MEMBER OF THE COMMISSION IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE OR RIGHTS TO REAL ESTATE THAT WAS HELD ON THE IOC OF 2016 AREAS FOLLOWS AND THAT THESE CLAIMS ARE DUE, JUST & UNPAID. DAY OF SERVICE AT $200.00 MILES AT 1,C-50 CENTS. MEALS/ PARKING TOTAL )0' a. Oo SIGNED THIS DAY r(i ' DAY OF 201 ' COMMISSIONER SIGNATURE u L _ jy��,. CONDEMNATION COMMISSIONERS STATEMENT TO THE SHERIFF OF DUBUQUE COUNTY: I CERTIFY THAT MY FEE AND EXPENSES AS A MEMBER OF THE COMMISSION IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE OR RIGHTS TO REAL ESTATE THAT WAS HELD ON THE /01*% OF � 2 O/.e) ARE AS FOLLOWS AND THAT THESE CLAIMS ARE DUE, JUST & UNPAID. DAY OF SERVICE AT $200.00 MILES AT SO CENTS. /0 MEALS/ PARKING TOTAL SIGNED THIS DAY /0 21f2- /0 N` DAY OF VLDL 201 6 COMMISSIONER SIGNATURE CONDEMNATION COMMISSIONERS STATEMENT TO THE SHERIFF OF DUBUQUE COUNTY: I CERTIFY THAT MY FEE AND EXPENSES AS A MEMBER OF THE COMMISSION IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE OR RIGHTS TO REAL ESTATE THAT WAS HELD ON THE 10' OF 2 0/i9 ARE AS FOLLOWS AND THAT THESE CLAIMS ARE DUE, JUST & UNPAID. DAY OF SERVICE AT $200.00 MILES AT 150 CENTS. 11470 MEALS/ PARKING TOTAL /-‘w 2.60 SIGNED THIS DAY 1O DAY OF ��-�. 201 COMMISSIONER SIGNATURE e4, ud.,-- CONDEMNATION COMMISSIONERS STATEMENT TO THE SHERIFF OF DUBUQUE COUNTY: I CERTIFY THAT MY FEE AND EXPENSES AS A MEMBER OF THE COMMISSION IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE OR RIGHTS TO REAL ESTATE THAT WAS HELD ON THE �0-M% OF C,c . 2 016 ARE AS FOLLOWS AND THAT THESE CLAIMS ARE DUE, JUST & UNPAID. DAY OF SERVICE AT $200.00 dOC) MILES AT .5o CENTS. 1 MEALS/ PARKING TOTAL DOV° SIGNED THIS DAY (� DAY OF 4t/A-Q201 COMMISSIONER SIGNATURE ��k CONDEMNATION COMMISSIONERS STATEMENT TO THE SHERIFF OF DUBUQUE COUNTY: I CERTIFY THAT MY FEE AND EXPENSES AS A MEMBER OF THE COMMISSION IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL EtSWE ORORIGHTS TO REAL ESTATE THAT WAS HELD ON THE 2 O th AREAS FOLLOWS AND THAT THESE CLAIMS ARE DUE, JUST & UNPAID. DAY OF SERVICE AT $200.00 0 Z5--• MILES AT 50 CENTS. 1 2,5'0 MEALS/ PARKING TOTAL 2,20, 50 SIGNED THIS DAY r011 DAY OF \ic, — 201 (7 COMMISSIONER SIGNATURE Commissioners' Costs Dan Arensdorf of Carol Walsh of Dubuque , Iowa Bernard , Iowa 1 Day Service at $200.00 $200.00 1 Day Service at $200.00 $200.00 6 Miles at 0.50 cents $ 3.00 36 Miles at 0.50 cents $ 18.00 $10.00 Day parking $10.00 $9.00 Day parking $9.00 Total $213.00 Total $227.00 Pat Hogrefe of Peosta , Iowa 1 Day Service at $200.00 $200.00 30 Miles at 0.50 cents $ Carol Ruden of Dyersville , Iowa Day Service at $200.00 $200.00 15.00 26 Miles at 0.50 cents $ 13.00 $10.00 Day parking $10.00 $12.00 Day parking $12.00 Total $225.00 Total $225.00 Jane O'Neil of Michael Muir of Dubuque , Iowa Durango , Iowa 1 Day Service at $200.00 $200.00 1 Day Service at $200.00 $200.00 2 Miles at 0.50 cents $ 1.00 25 Miles at 0.50 cents $ 12.50 $5.00 Day parking $5.00 $8.00 Day parking $8.00 Total $206.00 Total $220.50 Grand Total: $1,316.50 I certify that the foregoing amounts are legally payable to each claimant and that the claim is Correct and just and that the payment has not been received. Dated 14 day of October 2016 . /0-4- A-0." Don Vrotsos Sheriff of Dubuque County, Iowa IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant No. 224 REPORT OF COMPENSATION COMMISSIONERS We, the undersigned, being the duly appointed and qualified Compensation Commission appointed in the above -entitled matter, met on this 10th day of June, 2016, and assessed and appraised the damages sustained as a result of the condemnation of the described necessary property interest real estate, located in Dubuque County, Iowa, to -wit shown on the attached Acquisition Plat (Exhibit 3), Temporary Easement Plat (Exhibit 4), and Permanent Utility Easement Exhibits 5): The Commission finds the damages are as follows:* Parcel No. 150A: Damages for Fee Acquisition: 18.63 Acres Ex. 3 18.63 Acres Damages for Temporary Easement: 0.11 Acres Ex. 4 0.11 Acres Damages for Permanent Utility Easement: 1.44 Acres Ex. 5 1.44 Acres/Permanent Utility Easement 1 and 2 TOTAL The Commission also finds that Ga fees in the sum of $9 — $ d�Fd190 $ 34.2. $ 18,7A0 3S, SIO ' $ 49?1 0601 - Valentine (is) s Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 150A Gary Valentine entitled to attorney This report is submitted to the Sheriff of Dubuque County, Iowa pursuant to Section 66.14 of the Iowa Code. Dated this date: G 1/ o/ d o/ 6 Chairperson (o omm sioner / ettiLl 7,th, ea_ Commissioner *Any dissenting commissioner must sign and file a written report with the Sheriff at the time this report is filed. Filed in my office this f o of1(,w1L.. , 2016. C. iti f tr- v Sheriff of rubuque County, Iowa. F:\USERS\tsteckle\Lindahl\Southwest Arterial Condemnations \Parcel 149 - Valentine Ron & Gary\Condemnation Docs\ReportOfCommissioners_Parce1150A0nIy_052616.doc Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 150A Gary Valentine IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant No. 224 AFFIDAVIT OF FINAL OFFER On this 10th day of June, 2016, the City of Dubuque states that the most recent offer made to the owners interested in the condemnation of certain specified rights in certain land as described by the Applicant in the Application For Condemnation filed in the above matter is as follows: Parcel No. 150A/Gary Valentine: Damages for Fee Acquisition: 18.63 Acres Ex. 3 18.63 Acres Damages for Temporary Easement: 0.11 Acres Ex. 4 0.11 Acres Damages for Permanent Utility Easement: 1.44 Acres Ex. 5 1.44 Acres/Permanent Utility Easement 1 and 2 TOTAL $478,000.00 $342.00 $18,720.00 $497,062.00 CITY OF DUBUQUE, IOWA rry A. Lindahl, Esq. ity Attorney Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 150A Gary Valentine 300 Main Street, Suite 330 Dubuque IA 52001 Tele 563 583-4113 Fax 563 583-1040 email: balesq(a�cityofdubuque.orq Subscribed and sworn to before me this 10 day of 5A.U.Se , 2016. TRACEY L. STECKLE P4 Commission Number 71Serill My comm. Exp. �1^II'I1 Notary Public, tate of Iowa Filed in my office at Dubuque, Iowa /6' day of (,�. _ 2011. (fries) Sheriff of Dubuque County, Iowa F:\USERS\tsteckle\Lindahl\Southwest Arterial Condemnations \Parcel 149 - Valentine Ron & Gary\Condemnation Docs\AffidavitOfFinalbffer_Parce1150A_060216.doc Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 150A Gary Valentine PREPARED 8Y: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 ACQUISITION PIAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A WI /4 COR SEC 3-88-2E FD SCM N88 °49'02"E 1312.52' S63°20'21"E 262.65' S68 °09'33"E 396.92' N01°59'I2'W 438.18' NW COR NEI/4 SWI/4 SEC 3-88-2E FD I.P. W/CAP NO. 4016 N88°46'39'E 1298.44' ------------------------------- FD REBAR/YELLOW PLASTIC CAP N0.1016 CTR SEC 3-88-2E FD I.P. W/CAP NO. 14417 20' ACCESS EASEMENT ---------------------- N LINE SWI/4 SEC 3-88-2E 574°51'14'E 500.62' LOT 1 VALENTINE PLACE NO.. 3 N72°07'40"W 305.86' N71 °59'29"'N 390. N66°26'17"W 361.67' LOT 2 NW1/4 SW1/4 SEC 3-88-2E N70°25'45"W 550.20' FD REBAR/YELLOW PLASTIC CAP N0.4016 E LINE SWI/4�. SEC 3-88-2E 501 °8 847. 7.46' 46' S76°13'40"E 270.74' S71°13'02"E 663.21 P.O.B. SOI °51'40"E 412.97' N83 °18'04"W 305.94' W. LINE LOT 2 NWI/4 SWI/4 SEC. 3-88-2E DATE SIGNED: 1/25/2016 1 hereby certify that this Land Survey.ny document vas prepared ay cm Sr antler my direct personal supervision and that i ass a duly Licensed Land Surveyor a4 ,4 State of lava, AZ,.•2{,14 tEL R. ticense number $505 My license renewal date Is December 31,2011 Pages ar sheets over ay this seat: Data AECOM N66°16'51.1 174.37 S01°51'40"E 2645.73' SI /4 COR SEC 3-88-2E FD SCM COUNTY PARCEL NO. 1503300002 = 257,035 SQ. FT. COUNTY PARCEL NO. 1503127016 = 554,498 SQ. FT. LEGEND 1447.75' M a MEASURED', 1447.40' R _ RECORD 0 150 300 450 600 SCALE IN FEET REVISED 1-23-2016 SHEET 1 OF 2 ACQUISITION PLOT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY 'L. VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO. 150A COUNTY PARCEL NOS. 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 847.46 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40" EAST ON SAID EAST UNE, 412.97 FEET; THENCE NORTH 66°16'51" WEST, 174.37 FEET; THENCE NORTH 83°18'04" WEST, 305.94 FEET; THENCE NORTH 70°25'45" WEST, 550.20 FEET; THENCE NORTH 66°26'17" WEST, 361.67 FEET; THENCE NORTH 71°59'29" WEST, 390.03 FEET; THENCE NORTH 72°07'40" WEST, 305.86 FEET TO THE WEST UNE OF SAID LOT 2; THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 438.18 FEET; THENCE SOUTH 63°20'21" EAST, 262.65 FEET; THENCE SOUTH 68°09'33" EAST, 396.92 FEET; THENCE SOUTH 74°51'14" EAST, 500.62 FEET; THENCE SOUTH 76°13'40" EAST, 270.74 FEET; THENCE SOUTH 7113'02" EAST, 663.21 FEET TO THE POINT OF BEGINNING. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3 AND OF LOT 1 IN VALENTINE PLACE NO, 3, ALL IN TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 811,533 SQUARE FEET OR 18.63 ACRES. COUNTY PARCEL NO. 1503300002 - LOT 2 OF THE NW1/4 OF THE SW1/4, SEC. 3-88-2E, CONTAINS 257,035 SQUARE FEET OR 5.90 ACRES, COUNTY PARCEL NO. 1503127016 - LOT 1 OF VALENTINE PLACE NO. 3 CONTAINS 554,498 SQUARE FEET OR 12.73 ACRES. AECOM REVISED I-23-2016 SHEET 2 OF 2 PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 TEMPORARY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNT( PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A 4 COR SEC 3-88-2E FD SCM N88°49'O2"E 1312.52' 1488°49'02'E 656.26' NW COR NEI/4 SWI/4 SEC 3-88-2E FD I.P. W/CAP NO. 4016 N88°46'39"E 1298.44'-\ 4- NE COR SWI/4 SEC 3-88-2E ALSO BEING THE CTR SEC 3-88-2E FD I.P. W/CAP NO. 14417 FD REBAR/YELLOW PLASTIC CAP 140.4016 --N LINE SWI/4 SEC 3-88-2E 20' ACCESS EASEMENT FD REBAR/YELLOW PLASTIC CAP NO. 1016 E LINE SWI/4 SEC 3-88-2E P.O.B. TE TEMPORARY EASEMENT ACQUISITION W. LINE LOT 2 NWI/4 SWI/4 LOT 2 NW1 /4 SW1 /4 SEC 3-88-2E PERMANENT UT EASEMENTS LOT 1 VALENTINE PLACE NO. 3. DATE SIGNED: /25/2016 hat this Land Surveying repared by me or under utter^vision and L tcense ntwner d,O Hy license renerai date is Oece*Uer 31,20iS ?ages or sheets covered by this seat; 7hEETS1 AV 2F2 A=C©M 501°51'40"E 2645.73' 51/4 COR SEC 3-88-2E FD SCM LEGEND 1447.75' M = MEASURED 447.40'R = RECORD , 0 150 300 450 600 SCALE IN FEET REVISED 1/23/2016 SHEET 1 OF 2 TEMPORARY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A BEARING D T CE TEMPORARY EASEMENT 1 TO 2 S 01 ° 59 ' 12 " E 601.61 2 TO 3 S 72 ° 07 ' 40 " E 90.96 3 TO 4 5 19°08'35 " W 62.91' 4 TO 5 N 70 ° 37 ' 23 " W 67.52 5 TO 2 N. 01 ° 59 ' 12 " W 64.98 DESCRIPTION: TEMPORARY EASEMENT PROJECT PARCEL NO. 150A COUNTY PARCEL NO. 1503300002 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3, 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 3; THENCE NORTH 88 (DEGREES) 49' (MINUTES) 02" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 656.26 FEET TO THE WEST LINE OF SAID LOT 2; THENCE SOUTH 01°59'12" EAST ON THE WEST LINE OF SAID LOT 2, A DISTANCE OF 601.61 FEET; TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 72°07'40" EAST, 90.96 FEET; THENCE SOUTH 19°08'35" WEST, 62.91 FEET; THENCE NORTH 70°37'23" WEST, 67.52 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°59'12" WEST ON THE WEST UNE OF SAID LOT 2, A DISTANCE OF 64.98 FEET TO THE POINT OF BEGINNING. CONTAINING 4.903 SQUARE FEET OR 0.11 ACRE. REVISED 1/23/2016 SHEET 2 OF 2 PREPARED BY: MICHAEL. R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO.150A 1 --NW COR NEI/4 SWI/4 SEC 3-88-2E FD I.P. W/CAP NO. 4016 WI/4 COR SEC 3-88-2E FD SCM N88°49'02'E 1312.52' N88°4639T 1298.44' CTR SEC 3-88-2E FD I.P. W/CAP NO. 14417 20' ACCESS EASEMENT --------------------------- FD REBAR/YELLOW PLASTIC CAP NO.4016 N LINE SWI/4 SEC 3-88-2E PERMANENT UTILITY EASEMENT NO. 1 FO REBAR/YELLOW PLASTIC CAP N0.4016 E LINE SWI/ SEC 3-88-2E 501°51'40'E 815.40' 501°51'40"E 1260.43' ACQUISITION P.O.B. PUE 1 PERMANENT UTILITY EASEMENT NO. 2 P.0.8. PUE 2 LOT 2 NW1/4 SW1/4 SEC 3-88-2E LOT 1 VALENTINE PLACE NO. 3 W. LINE LOT 2 NWI/4 SWI/4 SEC. 3-88-2E DATE SIGNED:1/25/2016 I hereby certify that this Land Surveying document vas prepared by se or under my direct personal supervision and that 1 NI a duly{7}j/}�{j}a�nsed Land Surveyor Ne 72rEV State of Iwo. -zrzorG. MICHAEL R. FAG L Dale LIcen,e number 8505 My license renevel date Is Oece,Oer 31,2016 Pages or sheets covered by this seal, 51EET5 I AH3 2 ll' 2 AECOM 501°51'40'E 2645.73' SI/4 COR SEC 3-88-2E FD SCM LEGEND 447.75' M = MEASURED 447.40' R _ RECORD 0 150 300 450 600 SCALE IN FEET SHEET 1 OF 3 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A BEARI NG / DISTANCE PERMENENT UTILITY EASEMENT NO. 1 1 TO 2 5 01 °51 '40" E 32.06 2 TO 3 N 71 °13'02" W 663.21 3 TO 4 N 76°13'40"W 270.74 4 TO 5 N 74 ° 51 ' 14 " W 500.62 5 TO 6 N 68 ° 09 ' 33 " W 396.92 6 TO 7 N 63 ° 20 ' 21 " W 262.65 7 TO 8 N 01 °59'12" W 34.18 8 TO 9 S 63 ° 20 ' 21 " E 277.78 9 TO 10 S 68 ° 09 ' 33 " E 393.90 10 TO 11 5 74 ° 51 ' 14 " E 498.51 11 TO 12 S 76 °13'40" E 271.69 12 TO 1 S 71 ° 13 ' 02 " E 653.22 BEARING / DISTANCE PERMENE UTI UTY E NO 13 TO 14 5 01 °51'40" E 33.26' 14 TO 15 N 66 °16'51" W 184.24'' 15 TO 16 N 83 ° 18 `04 " W 304.84' 16 TO 17 N 70 ° 25 ' 45 " W 554.63 ' 17 TO 18 N 66 ° 26 ' 17 " W 361.26 ' 18T019 N 71°59'29 "W 388.53' 19 TO 20 N 72 ° 07 ' 40 " W 294.99 ' 20TO21 N 01° 59'12 " W 31.90' 21 TO 22 S 72 ' 07 ' 40 ' E 305.86 ' 22 TO 23 S 71 • 59 29 " E 390.03 ' 23 TO 24 S 66 ° 26-' 17 " E 361.67 ' 24 TO 25 S 70 ' 25 ' 45 " E 550.20 ' 25 TO 26 5 83 ° 18 ' 04 " E 305.94 ' 26 TO 13 S 66° 16'51" E 174.37' AECOM SHEET 2 OF 3 PERMANENT UTILITY EASEMENT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: GARY L. VALENTINE COUNTY PARCEL NOS. 1503300002 & 1503127016 PROJECT PARCEL NO. 150A DESCRIPTION: PERMANENT UTILITY EASEMENT 1 PROJECT PARCEL NO. 150A COUNTY PARCEL NOS, 1503300002 AND 1503127016 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH RM., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 3; THENCE SOUTH 01°51'40" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 815.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40' EAST ON SAID EAST LINE, 32.06 FEET; THENCE NORTH 71°13'02" WEST, 663.21 FEET; THENCE NORTH 76°13'40" WEST, 270.74 FEET; THENCE NORTH 74°51'14' WEST, 500.62 FEET; THENCE NORTH 68°09'33" WEST, 396.92 FEET; THENCE NORTH 63°2021° WEST, 262.65 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°5912' WEST ON SAID WEST LINE, 34.18 FEET; THENCE SOUTH 63°20'21° EAST, 277.78 FEET; THENCE SOUTH 68°09'33° EAST, 393.90 FEET; THENCE SOUTH 74°51'14" EAST, 498.51 FEET; THENCE SOUTH 76°13'40° EAST, 271.69 FEET; THENCE SOUTH 71°13'02° EAST, 663.22 FEET TO THE POINT OF BEGINNING. CONTAINING 62,838 SQUARE FEET OR 1.44 ACRES. DESCRIPTION: PERMANENT UTILITY EASEMENT 2 PROJECT PARCEL NO, 150A COUNTY PARCEL NOS, 1503300002 AND 1 50 31 2701 6 A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND PART OF LOT 1 OF VALENTINE PLACE NO. 3 ALL IN SECTION 3, 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 CENTER OF SAID SECTION 3; THENCE SOUTH 01°5140' EAST ON THE EAST LINE OF THESOUTHWEST 1/4 OF SAID SECTION 3, A DISTANCE OF 1260.43 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01°51'40' EAST ON SAID EAST LINE, 33.26 FEET; THENCE NORTH 66°16'51' WEST, 184.24 FEET; THENCE NORTH 83°18'04" WEST, 304,84 FEET; THENCE NORTH 70°25'45" WEST, 554.63 FEET; THENCE NORTH 66°26'17" WEST, 361.26 FEET; THENCE NORTH 71°59'29° WEST, 388,53 FEET; THENCE NORTH 72°07'40" WEST, 294.99 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 01°59'12" WEST ON SAID WEST LINE, 31.90 FEET; THENCE SOUTH 72°07'40° EAST, 305.86 FEET; THENCE SOUTH 71°59'29" EAST, 390.03 FEET; THENCE SOUTH 66°26'17" EAST, 361.67 FEET; THENCE SOUTH 70°25'45" EAST, 550.20 FEET; THENCE SOUTH 83°18'04" EAST, 305.94 FEET; THENCE SOUTH 66°16'51° EAST, 174.37 FEET TO THE POINT OF BEGINNING. CONTAINING 62,649 SQUARE FEET OR 1.44 ACRES. AECOM SHEET 3 OF 3 IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant To: Gary L. Valentine 11429 Edval Lane Dubuque, Iowa 52003 No. 224 Barry A. Lindahl, Esq. City of Dubuque City Attorney 300 Main Street, Suite 330 Dubuque, IA 52001 NOTICE OF APPRAISEMENT; APPEAL OF AWARD; NOTICE OF APPEAL You are hereby notified that on June 10, 2016, the duly -appointed and qualified commissioners assessed and appraised the damages sustained by reason of the condemnation as set out as follows: Damages for Fee Acquisition: Damages for Temporary Easement: Damages for Permanent Utility Easement: $478,000.00 $342.00 $18,720.00 TOTAL $497,062.00 Any interested party may, within thirty days from the date of mailing the notice of the appraisement of damages, appeal to the district court by filing notice of appeal with the district court of the county in which the real estate is located and by giving written notice to the sheriff that the appeal has been taken. Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 150A Gary Valentine The sheriff shall endorse the date of mailing of notice upon the original appraisement of damages. Dated this /fit' of �- , 2016. Ciface:AaJiPt ezw _ L't7 Sheriff of Dubuque County, Iowa. Attachment: Report of Compensation Commissioners Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31 Parcel 150A Gary Valentine • z _ FORI0 101H-012DBQ FIDLAR )_LEGTION co., ROCK ISLAND, ILLINOIS In the Iowa District Court, for County Case Name; CITY OF DBQ VS VALENTINE ET AL_ ETURN OF SERVICE: Case No.•• - # 2.74 . Notice recd, this date 5 5-16 'STATE OF IOWA DUBUQUE COUNTY • Type of Service Code Personal - .. 1 DwellinglSubstitate 2 Hotel, Boarding/FZooming House 3 gg Corporation/Association 4 xx Official (State, County, City) 5 Spouse away from residence 6 Other 7 I certify that i served a copy of: Li Petition and Original Notice .I-�. Order Filed II Modification/Application and Notice 0 Writ ❑ ander to Show Cause Other NOTICE OF CONDEMNATION Served: • at on (NAME) (ADDRESS) at on at on at on at - on by serving at (NAME) (NAME) (DATE) (ADDRESS) Type Code -.1 on , (a person residing therein .who was then at least 18 years old) or (spouse away from residence). [Strike non -applicable part.] DUBUQUE COUNTY, IOWA byserving RALPH POTTER _ (COMPANYIGOVERNMENTUNIT NAME) (NAME) CO ATTY on its (TITLE) . (DATE) MAY 6 , 16 at' NOTES: (Diligent Search, etc,) Fees: Service $15•. 00' DEPUTY FICIAL TITLE) COURTHOUSE f._ -1 DOS' A.. VROTSOS Sheriff DUBUQUE, County, Iowa Mileage Copy Total $15.OU Fees charged tofpaid by AttylParty: NOTE: Copy of Original Notice, if served, must be attached to this form. �ra"m+ �e.�radurwvurr—+�+eses'mr+ew �nw x� ewe - ueuivm+Mv.r.'w�r—��•—��--�`••_•---_�—�•_•�•-�� FORM 101H -0121)13C FIDLAR ELECTION CO., ROCK ISLAND, ILLINOIS In the Iowa District Court, for • DUBUQUE °ase Name; CITY OF DBQ VS VALENTINE FT AL RETURN OF SERVICE. Case No. •_ #224 Notice recd. this data 5 6 16 'STATE OF IOWA DUBUQUE COUNTY • I certify that 1 served a copy of: O Petition and Original Notice D Modification/Application and Notice d Order to Show Cause Served: • GARY VALENTINE SS County Type of Service Code xx Personal - 1 Dwelling/Substitute 2 Hotel, Boarding/Rooming House 8 Corporation/Association 4 Official (State, County, City) 5 Spouse away from residence 6 Other 7 Order Filed El Writ EX Other NOTICE OF CONDEMNATION at 11429 EDVAT, T,ANF (NAME) (ADDRESS) (DATE) at on .. on MAY 6, 16 RON VALENTINE at 11426 EDVAL LN on MAY 6, at on at on by serving at - (NAME) (NAME) (ADDRESS) on , (a person residing therein .who was then at !east 18 years old) or (spouse away from residence). [Strike non -applicable part.] byserving - I —1 (COMPANY/GOVERNMENT UNIT NAME) (NAME) ' , on g at, Its (TITLE) - (DATE) Type Code .l _I _I I. NOTES: (Diligent Search, etc.) Fees: Service $30.00 ' Mileage 10.00 Dopy Total $40.00 Fees charged to/paid by AttylParty: _ DON A. VROTSOS Sheriff DUBUQUE, County, lows DEPUTY SHERIFF (OFFICIALTI NOTE: Copy of Original Notice, if served, must be attached to this form. ..- 1 • 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: May 26, 2016, and for which the charge is $16.65. Subscribed to before me, a N this ‘, day of tary Public in and for Dubuque County, Iowa, , SUMMONS TO COMMISSIONS IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE,•IOWA PROJECT FOR THE SOUTHWEST ARTERIAL PROJECT No. 224 ,THE CITY OF DUBUQUE, IOWA Applicant To: EMINENT DOMAIN COMMISSIONERS: WHEREAS, the City of Dubuque has filed in my office " an Appli- cationfor the appointment of a condemnation commis- sion to assess the damages that owners, lienholders, _ .encum- brancers and other persons interested in 1, the land' from which certain rights are sought to be'appro- priated,',- by- these,i proceedings will sus- tain by reason of such appropriation of the rights as described in the application filed in my office, and whereas, you have been selected and appointed by the chief judge for Dubuque County, Iowa, and are commanded to be and appear before the undersigned sheriff at 770 Iowa St, Dubuque, Iowa on June 10, 2016 at 9:30 a.m. for the purpose of qualifying as such commissioner and proceed to view the premises' and make, Notary Public in and for I ubuque County, Iowa. / award of the /mages as required under penalty of law. D.A. Vrotsos, Sheriff of Dubuque County, Iowa 1t 5/26 MARY K. WESTERMEYER Commission Number 154885 My Carlin, Exp, FEB, 1, 2Q17 DON A. VROTSOS, Sheriff OFFICE OF SHERIFF GREGORY P. EGAN, Chief Deputy DUBUQUE LAW ENFORCEMENT CENTER 770 IOWA STREET — PO BOX 1004 — DUBUQUE, IOWA 52004-1004 PHONES: EMERGENCY 911 — ADMINISTRATION 563-589-4406 — FAX 563-589-7882 Statement of Sheriff #224 In the matter of the condemnation of certain rights in land by the City of Dubuque, Iowa, for the Southwest Arterial Project. By The City of Dubuque I Sheriff Don A. Vrotsos, return to the recorder of Dubuque County, Iowa, a complete and full transcript of the above condemnation. I received the condemnation paper on May 5, 2016 and I served the Condemnees, Ron and Gary Valentine on May 6, 2016. The Summons to Commissioners was published in the Telegraph Herald on May 26, 2016. The condemnation was held on June 10, 2016 at 9:30 am at the Dubuque Law Enforcement Center, 770 Iowa Street, Dubuque Iowa. The instructions were read to the Commissioners and the Oath to the Commissioners was read to them and each one signed off on the Oath. The Commissioners were then driven to the property and viewed the parcel of land. They were returned to the Dubuque Law enforcement Center and the City of Dubuque presented their case. The Condemnees were then given their opportunity to present their case. The commissioners then met in closed session to make an award. The Commissioners notified the Sheriff's Office that a decision had been made. The Condemnation was opened back up to the public and the commissioners made an award of $497,062.00 The notice of appeal was mailed out to the Condemnees on June 10, 2016. An appeal was filed with the Clerk of Court on June 21, 2016. Dated; October 14, 2016 By Don A. Vrotsos Sheriff, Dubuque County