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HomeMy WebLinkAbout1994 Lawsuits IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY DONNA PROHASKA, Individually, and ) as Parent and Next Friend for MARY ) ANN PROHASKA, ) NO. 5574-19 ) PLAINTIFFS, ) ORIGINAL NOTICE ) vs. ) ) SOUTHGATE DEVELOPMENT ) COMPANY and CITY OF IOWA CITY DEFENDANTS. ) D'—+ , r -V 373 TO THE ABOVE-NAMED DEFENDANTS: N N You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition at Law in the above-entitled action, a copy of which Petition at Law is at- tached hereto. The Plaintiffs' attorney is Davis L. Foster, 703 S. Clinton Street, Iowa City, Iowa 52240, (319) 339-7727. You are further notified that unless you appear thereto and defend in the Iowa District Court for Johnson County, Iowa, at the county courthouse in Iowa City, Iowa, within twenty (20) days after the service of this Original Notice upon you, judgment by default will be rendered against you for the relief demanded in the Petition at Law. (Seal) EDWARD F. STEINBRECH A CLERK O THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa 52240 NOTE: Persons named as Defendants are told to "appear thereto and defend." These words are not always understood. The required appearance may be made either by the Defendants or by Defendants' attorneys. IT IS NECESSARY TO SERVE AND FILE A SPECIAL APPEARANCE, MOTION OR PLEADING TO PREVENT A DEFAULT (Rule 87). The attorneys who are expected to appear for the Defendants should be promptly advised by Defendants of the service of this notice. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY DONNA PROHASKA, Individually, and ) as Parent and Next Friend for MARY ) ANN PROHASKA, ) NO. $S 7 ti ) PLAINTIFFS, ) PETITION AT LAW ) .-- vs. -"vs. ) SOUTHGATE DEVELOPMENT ) r cr COMPANY and CITY OF IOWA CITY ) 4 ) ' "r, DEFENDANTS. ) 6. —? 3 c• , cn S 1 COMES NOW Plaintiff, Donna Prohaska, Individually, and as Parent and Next Friend for Mary Ann Prohaska, and for cause of action against the Defendants, states as follows: PREAMBLE 1. Donna Prohaska and Mary Ann Prohaska are mother and daughter and are in- dividuals residing in Johnson County, Iowa. On June 30, 1992, Mary Ann Prohaska was eleven years old. 2. Southgate Development Company (Southgate) is an Iowa corporation with its principal place of business in Iowa City, Johnson County, Iowa. 3. The City of Iowa City is an Iowa (City) municipality located in Johnson County, Iowa. 4. On or about June 30, 1992, Southgate was in the process of a subdi4rslan de`. velopment in Iowa City, Johnson County, Iowa. cI, '' ;Cr 5. This was a subdivision approved by the City of Iowa City and inclaed the- ` n.) construction of certain streets. One of these streets was Park Avenue. 6. As of June 30, 1992, Southgate had removed the barricades preventing public use of Park Avenue, although the road was not yet supposed to be open for public use. 2 7. As of June 30, 1992, City had determined that a stop sign should be placed at the intersection of Park Avenue and Keokuk Street, but had not yet installed any traffic control devices. A stop sign was placed at the intersection by City on July 1, 1992. 8. On June 30, 1992 Mary Ann Prohaska rode her bicycle on Park Avenue in a westerly direction, entering the intersection of Park Avenue and Keokuk Street. 9. Because there was no stop sign, Mary Ann Prohaska did not stop prior to enter- ing the intersection. 10. At this time and place she was struck by a vehicle which was driving on Keokuk Street. 11. Mary Ann Prohaska suffered personal injuries, both temporary and permanent in nature. She also incurred medical expenses and other miscellaneous consequential damages as a result of her injuries. i0 DIVISION I G 4. COMES NOW Plaintiff, Donna Prohaska, Individually, and as Parent anXikxtiriencl for Mary Ann Prohaska, and for cause of action against the Defendant Southgate=b elc hent Company, states as follows: 1. Plaintiffs replead paragraphs 1 through 11 of the Preamble as if set out in full herein. 2. Defendant Southgate was negligent in one or more of the following particulars: a. Removing the barricades prior to installation of the traffic control devices; b. Failing to warn of the dangers of using the intersection of Park Avenue and Keokuk Street; 3 c. Failure to notify the City of Iowa City of the status of the construction and removal of the barricades; and d. Failure to request that the City place the designated stop signs and other traffic control devices. 3. As a proximate result of the Defendant's negligence, the Plaintiff Mary Ann Prohaska suffered personal injury. 4. As a proximate result of the Defendant's negligence, the Plaintiff Donna Pro- haska sustained damages for medical expenses and other expenses and suffered a loss of paren- tal consortium. 5. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate Procedure 3. WHEREFORE, Plaintiff Donna Prohaska, Individually, and as Parent and Next Friend for Mary Ann Prohaska, and requests judgment against the Defendant, Southgate Development Company for actual damages in an amount to be determined by the trier of fact, plus interest at the maximum rate allowed by law, and for the costs of this action. DIVISION II - C � , COMES NOW Plaintiff, Donna Prohaska, Individually, and as Parent a d-tiextgriend- c�� -v for Mary Ann Prohaska, and for cause of action against the Defendant City of Ier$4,-Cityai Oma' N states as follows: yam' r 1. Plaintiffs replead paragraphs 1 through 11 of the Preamble as if set out in full herein. 2. The City was negligent or at fault in one or more of the following particulars: a. Failure to monitor the status of the construction; • . - 4 b. Failure to place traffic control devices which had previously been determined as being necessary at this intersection; c. Failure to maintain barricades or otherwise keep individuals from using Park Avenue prior to conclusion of the construction; and d. Failure to warn of an unsafe road and intersection condition. 3. As a proximate result of the Defendant's negligence, the Plaintiff Mary Ann Prohaska suffered personal injury. 4. As a proximate result of the Defendant's negligence, the Plaintiff Donna Pro- haska sustained damages for medical expenses and other expenses and suffered a loss of paren- tal consortium. 5. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate Procedure 3. WHEREFORE, Plaintiff Donna Prohaska, Individually, and as Parent and Next Friend for Mary Ann Prohaska, and requests judgment against the Defendant, City of Iowa City for actual damages in an amount to be determined by the trier of fact, plus interest at the maxi- mum rate allowed by law, and for the costs of this action. ..44mitAla Nov 4111111 Davis L. Foster 000001608 s" 703 S. Clinton Streets Iowa City, IA 52240 y=+ + (319) 339-7727 c") Attorney for Plaintiffs y v:11a0638.ltg IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY DONNA PROHASKA, Individually, and ) as Parent and Next Friend for MARY ) ANN PROHASKA, ) NO. 5 5- Liti ) PLAINTIFFS, ) JURY DEMAND ) vs. ) SOUTHGATE DEVELOPMENT ) .. COMPANY and CITY OF IOWA CITY ) % r DEFENDANTS. ) r-11 � (-54 COME NOW Plaintiffs and hereby demands a trial by jury of all fact issues #bis case. DATED this 6th day of June , 1994. Davis L. Foster 000001608 703 S. Clinton Street Iowa City, IA 52240 (319) 339-7727 Attorney for Plaintiffs ac- c- - rnr D Z2 END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY S & G MATERIALS, an Iowa general partnership, ) LAW NO. 56213 Plaintiff, ) vs. CITY OF IOWA CITY, IOWA, ) WASHINGTON PARK, an Iowa ) general partnership, PHIL ) A. MATTHEIS, MOLLY MATTHEIS, ) o IVAN WALKER, WILLIAMS PIPE ) = 77 LINE COMPANY, IOWA CITY ) PETITION APPEALING BROADCASTING COMPANY, INC. , ) CONDEMNATION AWARD N IOWA ELECTRIC LIGHT & POWER ) COMPANY, NORTHWESTERN BELL ) TELEPHONE COMPANY, STATE OF ) IOWA, and JOHNSON COUNTY, .- IOWA, - ��S Wit. Defendants. ) -/ 1 !j Plaintiff states: 0 COUNT I ILLEGALITY 1. This appeal is subject to the claim of the Plaintiff that the condemnation proceedings are illegal and void as more particularly described in Cause No. 56218 now pending in this Court. 2 . Plaintiff further claims that the condemnation proceedings are illegal and contrary to law by reason of the failure of the City of Iowa City, Iowa, to separate properly the interests of the Plaintiff and the interests of Washington Park, an Iowa general partnership, in that the measure of damages is S. - UD O p rn sin ! n rr 2 Off. = 19 r ) completely different and each partnership is entitled td)'-' have separate trials and awards. 3 . By way of further objection to the condemnation, Plaintiff states that the City is unable to construct a water plant facility upon the land it seeks to condemn because it has not yet sought nor obtained the proper zoning permitting such use. 4 . If the condemnation procedure is determined to be void, this petition shall have no force or effect. COUNT II APPEAL Subject to the claims of the Plaintiff set forth above in paragraphs 1 through 4, inclusive, Plaintiff appeals the condemnation award and alleges: 5. Plaintiff is an Iowa general partnership and Defendant, City of Iowa City, Iowa, is a municipal corporation having the power of eminent domain as conferred upon it by the provisions of Iowa Code § 6A.4 (6) for public purposes which are reasonable and necessary. 6. Defendant, Washington Park, is the owner of 227 . 98 acres of land being condemned. Defendants, Phil Mattheis and Molly Mattheis, are month-to-month tenants on Plaintiff' s land. Defendant, Ivan Walker, farms a portion of Plaintiff's land. The other Defendants have easement or lien rights in Plaintiff' s land. CD c C-3 r i =�: 3 -t ' 1- 1 7 . Plaintiff is the owner of a leasehold interest in the land owned by Washington Park, an Iowa general partne ship, providing for the removal of sand and gravel and having a lease for an additional period of more than eight years . The leasehold has provided Plaintiff with a net income in excess of Three Hundred Thousand Dollars ($300, 000) annually. 8 . In addition to the damage caused by taking its leasehold interest, Plaintiff will sustain damages by reason of personal property which has been damaged, destroyed or reduced in value including the cost of removing materials already processed. These stockpiled materials cannot be removed without substantial cost for trucking unsold materials, renting or finding a place to put such materials and then trucking again for sale to the public. 9 . The requirement of equipment removal from the site will involve the cost of dismantling and transporting the plant and heavy equipment. 10 . The value of Plaintiff' s leasehold interest is its intrinsic value because of the uniqueness of this asset. 11. On November 29 , 1994 , a Compensation Commission appointed at the request of the City of Iowa City, Iowa, entered an award of damages for the leasehold interest of the Plaintiff. A copy of the first two pages of the Notice of Condemnation is attached as Exhibit "A" and the entire Notice (9 pages) is incorporated herein by this reference. 4 12 . Plaintiff has appealed the award of the Compensation Commission as provided by law. 13 . By reason of the taking, Plaintiff has been damaged in the amount of One Million Seven Hundred Thousand Dollars ($1, 700, 000) . By reason of the foregoing, Plaintiff demands judgment against the Defendant in the amount of One Million Seven Hundred Thousand Dollars ($1, 700, 000) together with interest as provided by law and for the costs of this action including a reasonable attorney' s fee as allowed by Chapter 6B, Code of Io a. MEAR"O , -UE' j DOWNER & HAYES P.L.C. /�r B Meard..n 000003619 (r• ' _ /l7 ' l By 1 Charles A. Meardo, 000009771 122 South Linn Street Iowa City, Iowa 52240 Telephone: 319/338-9222 ATTORNEYS FOR S & G MATERIALS, an Iowa general partnership C) un N • • -• Johnson County, Iowa Condemnation Form SA In the Matter of the Condemnation ) of Certain Rights in Land by the ) OF City of Iowa City, Iowa, for a ) NOTICEOTICFION Project Located in Johnson County, ) Iowa, known as: The Iowa City ) Water Supply and Treatment ) Facilities Project; ) Washington Park Parcel. ) * * * * * * * * * * •.. To: Washington Park, an Iowa general partnership C/o Bruce R. Glasgow 834 North Johnson Street Iowa City, Iowa 52245 . S & G Materials, - r- an Iowa general partnership c?c, Q C/o Robert G. Barker �•_ _ w a.. 2002 Dunlap Court n r_:, Iowa City, Iowa 52240 =1 .t�= a $ Phil Mattheis CD2:- 3337 Dubuque Street Iowa City, Iowa 52240 ›. N Molly Mattheis 3337 Dubuque Street Iowa City, Iowa 52240 Ivan Walker 2790 Ireland avenue, NW Oxford, Iowa 52322 Williams Brothers Pipeline Company, a Delaware corporation C/a Wilson Busby, 34-11 Williams Pipe Line Company ( succnsscr corporation by name change) PO Box 3448 Tulsa, Oklahoma 74101 Iowa City Broadcasting Company, Inc. C/a Steve Winkey, Registered Agent 1-80 and :forth Dubuque Street =cwa Ci v, Iowa 52240 :.:r '7," --,- • • Iowa Electric :fight & Power Company C/o David J. Eingtgen IES Utilities, Inc. IE Tower, 12th Floor 200 First Street, SE Cedar Rapids, Iowa 52406 Northwestern Bell Telephone Company, U.S. West Communications, Inc. , successor in Merest . C/q CT Corporation System Rolland E. Grefe, Registered Agent 2222 Grand Avenue Des Moines, Iowa 60312 State of Iowa C/o David A. Ferree, General Counsel Division Department of Transportation 800 Lincoln Way Ames, Iowa 50010 gra c' Johnson County, Iowa, mac-: rn C/a Johnson County Auditor yy n Count:T Acimi ntraton r? � � iBuilding c-y o 913 South Dubuque Street c _ Iowa City, Iowa 52240 . z< • o: - • .4N,_, Johnson County, Iowa, *.., v C/a Johnson County Treasurer ry County Adthinistration Building 913 South Dubuque Street Iowa City, Iowa 52240 • And to all other persons, companies or corporations having any interest in or awning any of the following-descried real oroper`y; Commencing at the Southeast Corner of the Southeast Quarter of Section 33 , Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N8 9°S 9'29"W, a recorded bearing along the South line of said Section 33 , 1327 . 00 feet, to the Southeast Corner of the Southwest Quarter of said Southeast Quarter of Section 33; Thence N00°47 'S7"E, along the East Line of said Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 23 , =00 . 15 feet, to its intersection with the :Tort.er-v R' cnr-af-way Line of Interstate __cnwav 'ic . 30 , 3r:c •JtLic^ :c-:t _s the 7'7inz of Sec' nn__g hence _ ,, _" aionc said Jcr t:er_" Rign-_- . _-way Line . END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY - fi` • S & G MATERIALS, ) , Plaintiff, ) No. CVCV 065480 ) v. ) UNOPPOSED MOTION TO EXTEND '. ) DEADLINE FOR FILING PETITIOI' • CITY OF IOWA CITY and ) JOHNSON COUNTY, IOWA, ) ) Defendants. ) Plaintiff, S & G Materials,pursuant to Iowa Code § 6B.22, moves this Court (unopposed) for the entry of an order extending the time for Plaintiff to file its Petition an additional forty-five(45) days,until June 27, 2005. In support, Plaintiff states as follows: 1. On January 28, 2005,Plaintiff filed its Notice of Appeal of Condemnation Award, appealing a January 5, 2005 award issued by the Johnson County Compensation Commission. 2. Pursuant to Iowa Code § 6B.22, Plaintiff is required to file a Petition supporting its appeal within 30 days of filing the notice of appeal. Plaintiffs deadline to file its Petition under Iowa Code § 6B.22 was February 28, 2005. The deadline was previously extended by Order on March 17, 2005 to April 11, 2005 and then again on April 11, 2005 to May 11, 2005. 3. The Parties to this action have agreed upon the terms of a settlement and counsel for the Parties are preparing the necessary documents to complete the settlement. The Parties agree that this action should not be dismissed until after all of the settlement documents have been prepared and signed. c {00240561.DOC} 4. To allow time for the Parties to complete the preparation of the settlement documents and to obtain the necessary signatures on those documents, Plaintiff requests the Court extend its deadline for filing the Petition under Iowa Code § 6B.22 an additional forty-five (45) days, until June 27, 2005. 5. Iowa Code § 6B.22 allows the Court to grant additional time for the filing of the petition "for good cause shown." Plaintiffs request is supported by good cause. The Parties have been working diligently towards achieving a negotiated settlement of this dispute, and due to the nature of the settlement agreement, need additional time to gather the necessary documents and information and finalize the settlement documents. Plaintiff has conferred with counsel for Defendant, City of Iowa City, who does not object to the relief requested herein and agrees that a forty-five (45) day extension will accommodate the Parties' need for additional time to finalize a settlement. Plaintiff now asks this Court to do the same, by granting this Motion and extending Plaintiffs deadline. Granting the requested relief will not prejudice any party, will not delay the prosecution of this case (indeed, will facilitate prompt prosecution(i.e. settlement) of this case) and is supported by good cause. See Wilson v. Ribbens, 678 N.W.2d 417, 420 (Iowa 2004) ("In interpreting 'good cause,' we have looked to the decisions of other courts" construing similar statutes);Hill v. McCartney, 590 N.W.2d 52, 55 (Iowa 1998) (explaining, "In determining whether good cause exists for granting plaintiffs request to be excused from complying with the Rule 668.11 time limit,the court considers three factors: (1) the seriousness of the deviation; (2) the prejudice to the defendant; and (3) defendant's counsel's actions."); McElroy v. State, 637 N.W.2d 488, 495 (Iowa 2001) (defendants established good cause allowing late filing of answer where defendants did not willfully ignore the rules of procedure (0024056 I.DOC} .. and plaintiff would suffer no prejudice due to late filing). WHEREFORE, Plaintiff respectfully requests the Court grant this Unopposed Motion, extending the time for Plaintiff to file its Petition an additional thirty(45) days,until June 27, 2005. • n.+ . _ I • • PSON (#LI00 t ; KIMBERLY H. BLANKENSHIP (#LI0017345) of BRADLEY & RILEY PC 2007 First Avenue, SE PO Box 2804 Cedar Rapids, IA 52406-2804 Phone: 319-363-0101 Fax: 319-363-9824 Email: dthompson@bradleyriley.com Email: kblankenship@bradleyriley.com ATTORNEYS FOR PLAINTIFF Copy to: Mitch Behr Assistant City Attorney 410 East Washington Street Iowa City, IA 52240 City of Iowa City do City Clerk 410 E. Washington Street CERTIFICATE OF SERVICE Iowa City, IA 52240 The und"brdcense tattle'saving Instilment carved upcnan abeam drecordMachpatytotheabove entitled cause at S respective w dsdoeed byttbe Johnson County, Iowa pleadings on ``` o 20 j:)2_ c/o Johnson County Auditor By o<U.S.Mall FAX Johnson CountyAdministration Bldg. _Hand Delivered Overnight Carrier ederai Express Other 913 South Dubuque St. �vscS.`b Iowa City, IA 52240 Johnson County, Iowa c/o Johnson County Treasurer Johnson County Administration Bldg. 913 South Dubuque St. Iowa City, IA 52240 (00240561.DOCl3 00226381.WPO IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY S & G MATERIALS, ) i Plaintiff, ) No. CVCV 065480 - ) v. ) ORDER • ' ) l CITY OF IOWA CITY, IOWA and ) v- JOHNSON COUNTY, IOWA, ) ) Defendants. ) On this 3 day of May, 2005 the Unopposed Motion to Extend Deadline for Filing Petition filed by Plaintiff came before the undersigned. The Court finds said Motion appears unresisted and should be granted for the reasons stated therein. IT IS THEREFORE ORDERED that the Motion to Extend Deadline for Filing Petition is GRANTED. Plaintiff shall file its Petition in support of its appeal on or before June 27, 2005. Clerk to notify. file / // Judge, Sixth Judicial • ict of Iowa {00240629.DOC} 00219444.WPD • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ca S & G MATERIALS, an Iowa ) general partnership, --i Plaintiff, ) ?? 4 w _�,: CD vs. ) .. NOTICE OF APPEAL-OF Q CITY OF IOWA CITY, IOWA, ) CONDEMNATION AWARD et al. , ) • Defendants. ) TO: City of Iowa City, Iowa; Washington Park, an Iowa general partnership; Phil Mattheis; Molly Mattheis; Ivan Walker; Williams Pipe Line Company; Iowa City Broadcasting Company, Inc. ; Iowa Electric Light & Power Company; Northwestern Bell Telephone Company; State of Iowa; Johnson County, Iowa; and the Sheriff of Johnson County, Iowa YOU AND EACH OF YOU ARE HEREBY NOTIFIED that subject to Plaintiff' s claim of invalidity, Plaintiff appeals the award of damages entered by the Compensation Commission on November 29, 1994 , pursuant to a Notice of Condemnation, a copy of the first two pages being attached as Exhibit "A" and the entire Notice (9 pages) being incorporated herein by this reference. YOU AND EACH OF YOU ARE FURTHER HEREBY NOTIFIED that if Plaintiff ' s claim that the condemnation is illegal is sustained as contended by Plaintiff in Cause No. 56128 pending in this Court, this Notice shall be null and void. Subject to the foregoing Plaintiff will file a petition as provided by law and this appeal shall be heard as provided by the rules of this Court. 2 Dated this 27th day of December, 1994 . MEAR►ON, 'EP" , DOWNER & HAYES P.L.C. I -7 •."rf a don 000003619 122 So•t`i7 '7 inn Street Iowa •i .• Iowa 52240 • Telep on- : 319/338-922' ATTORNEYS FOR S & G MA 1RIALS, an Iowa general partne -hip w ��- co Q r:•- W _y CD CO • Johnson County, Iowa Condemnation Form SA In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, Iowa, for a ) NOTICE OF Project Located in Johnson County, ) CONDEMNATION Iowa, known as: The Iowa City ) Water Supply and Treatment ) Facilities Project; ) Washington Park Parcel. ) * * * * * * * * * * To: Washington Park, an Iowa general partnership C/o Bruce R. Glasgow 834 North Johnson Street O Iowa City, Iowa 52245 . E3 ., S & G Materials , • an Iowa general partnership "' 07 C/o Robert G. Barker yn 2002 Dunlap Court r Iowa City, Iowa 52240 :=. W Phil Mattheis 3337 Dubuque Street Iowa City, Iowa 52240 Molly Mattheis 3337 Dubuque Street Iowa City, Iowa 52240 Ivan Walker 2790 Ireland Avenue, NW Oxford, Iowa 52322 Williams Brothers Pipeline Company, a Delaware corporation C/o Wilson Busby, 34-11 Williams Pipe Line Company (successor corporation by name change) PO Box 3448 Tulsa, Oklahoma 74101 Iowa City Broadcasting Company, Inc. C/a Steve Winkey, Registered Agent I-80 and North Dubuque Street Iowa City, Iowa 52240 EXHIB1m A" -,- Iowa Electric Light & Power Company C/o David J. Hingtgen IES Utilities, Inc. IE Tower, 12th Floor 200 First Street, SE Cedar Rapids, Iowa 52406 Northwestern Bell Telephone Company, U. S . West Communications, Inc. , successor in interest C/q CT Corporation System Rolland E. Grefe, Registered Agent 2222 Grand Avenue Des Moines, Iowa 50312 State of Iowa C/o David A. Ferree, General Counsel Division Department of Transportation 800 Lincoln Way Ames, Iowa 50010 Johnson County, Iowa, C/o Johnson County Auditor County Administration Building 71 913 South Dubuque Street Iowa City, Iowa 52240 Johnson County, Iowa, C/o Johnson County Treasurer .� ; County Administration Building 913 South Dubuque Street Iowa City, Iowa 52240 • And to all other persons, companies or corporations having any interest in or owning any of the following-described real property; Commencing at the Southeast Corner of the Southeast Quarter of Section 33 , Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59 '29"W, a recorded bearing along the South line of said Section 33 , 1327 . 00 feet, to the Southeast Corner of the Southwest Quarter of said Southeast Quarter of Section 33 ; Thence N00°47 ' 57"E, along the East Line of said Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 33 , 100 . 15 feet, to its intersection with the 'iorther'-V Right-of-Way Line of Interstate uichwav No . 30 , and which co-.t is The ?oint of 3ecinning; Thenc2 _ '0 4 :_''W . 3ionc said `Ic rthe_ •-' R_cnz-•= '.ray Line , :9 . 32 -3- feet, to an iron right-of-way rail found; Thence S82° 11 ' 39"W, along said Northerly Right-of-Way Line, 300 . 43 feet, to an iron right-of-way rail found which is 150 . 00 feet, radially distant northwesterly of said Highway centerline at station 899- 00 ; Thence N89 °57 ' 52"W, along said Northerly right-of-way Line, 871 . 31 feet, to an iron right- of-way rail found, which is 220 . 00 feet normally distant northerly of said Highway centerline at station 89000 ; Thence S80°24 '27"W, 121. 06 feet, to a point on the East line of the Southwest Quarter of said Section 33 , which is 200 . 00 feet, normally distant northerly of said highway centerline; Thence S80°48 ' 18"W, along said northerly right-of-way line, 183 . 73 feet, to a point at its intersection with -the south line of said Section 33 , which is 170 . 00 feet normally distant northerly of interstate centerline station 88700 ; Thence N89°59 '29"W, along said South Line of Section 33 , which line is also the northerly right-of-way line of Interstate Highway No. 80 , 1577 . 87 feet, to its intersection with the Easterly Top of Bank of the Iowa River; Thence Meandering along said Easterly and Southerly Top of Bank the following courses: N11°34 '34"W, 512'.22 feet, to an iron pin set; Thence N10°25 ' 16"W, 495 .00 feet, to an iron pin set; Thence N09°06 ' 41"W, 715 .22 feet, to an iron pin set; Thence NO3°48 '00"W, 387 .54 feet, to an iron pin set; Thence NO3°48 '14"E, 335 . 82 feet, to an iron pin set; Thence N18°05 '07"E, 371.37 feet, to an iron pin set; Thence N35°33 '12"E, 269 . 10 feet, to an iron pin set; Thence N44°15 '59"E, 219 . 68 feet, to an iron pin set; Thence N52°45 '33"E, 182. 45 feet, to an iron pin set; Thence N56 °45 '11"E, 184. 92 feet, to an iron pin set; Thence N66°36 '40"E, 187 . 99 feet, to an iron pin set; Thence r S89°46 ' 47"E, 250 . 93 feet, to an iron pin set; Thence o S73°09 '40"E, 329 .27 feet, to an iron pin set; Thenc. - 7.3 . -a S71°51'07"E, 180 . 42 feet, to an iron pin set; Thence' S65°13 '40"E, 207. 15 feet, to an iron pin set; Thence S61°43 '01"E, 211. 82 feet, to an iron pin set; Thence. -ID S67°54'08"E, 394.85 feet, to an iron pin set; Thence S74°11 '04"E, 304.33 feet, to the Northwesterly Corner oW the Parcel, conveyed by Warranty Deed recorded in Book. 399 , '=fit page 348 , of the Records of the Johnson County Recorder Office; Thence S14°40 '37"W, 104. 94 feet, to the Southwesterly corner of said Conveyed parcel; Thence S73°57 ' 48"E, 152. 65 feet along the southerly line of said conveyed parcel; Thence S45°44 ' 53"E, 38 . 00 feet to a point which is 78 . 00 feet normally distant Northwesterly of the Former westerly Right-of-Way Line of U.S. Highway No. 218 , now known as Dubucue Street, at the Southeasterly Corner of said Conveyed Parcel; Thence N14°40 ' 37"E along a line Parallel with said Westerly Right-of-Way Line, 123 . 00 feet, co :ts anter lection with said Southerly Tom of Sank of the :cwa _ ;er, at =:e '.Ior=e`Ster_:T 2orner of said conveyed -4- parcel; Thence 573057 ' 48"E along said Top of Bank, 46 . 75 feet, to an iron pin set at its intersection with the Westerly Right-of-Way Line of North Dubucrue Street, at the Northwesterly Corner of the parcel acquired by Condemnation Proceedings in the name of Johnson County, Iowa, and recorded in Book 1097 , at Page 52 , of the records of the Johnson County Recorder' s Office; Thence S08°02 ' 35"W, along said westerly right-of-way line, 81. 58 feet; Thence N81°57 ' 25" W, along said westerly right-of-way line, 25 . 32 feet; Thence S08°02 '35 'W, along said westerly right-of-way line, 20 . 00 feet; Thence N88°39 ' 10"E, along said westerly right-o -way line, 4 . 23 feet; Thence S49°31 ' 28"E,, along the southerly line of said condemnation parcel, 45 . 11 feet; Thence S81°57 '25"E, along said southerly line, 63 . 04 feet, to its southeasterly corner thereof, on the former centerline of said North Dubuque Street; Thence S08°02 '39"W, along said centerline, 72. 78 feet; Thence Southeasterly, 845 . 45 feet, along said centerline, on a 996 . 44 foot radius curve, concave northeasterly, whose 820 . 32 foot chord bears S16 °15 ' 46"E; Thence S40°34 ' 11"E , along said centerline, 155 . 57 feet; Thence Southeasterly, 132. 98 feet, along a 955 . 00 foot radius curve, concave northeasterly, whose 132 . 88 foot chord bears S44°33 '33"E; Thence S49°54 ' 47"E, along said former centerline, 61. 90 feet, to its intersection with the East line of the west one-half, of said Southeast Quarter of Section 33 ; Thence S00°47 '57"W, along said East Line, 63 . 01 feet, to a point on the southerly Right-of-Way Line of said North Dubuque Streeg; Thence Southeasterly, 312. 00 feet, along said southerl Right-of-Way Line, on a 2342.00 foot radius curve,- cnnve northeasterly, whose 311. 77 foot chord bears S55°20 '15*2; Thence S59°09 ' 14"E, along said southerly right-of-wayne, , 109 . 03 feet; Thence 553°26 '36"E, along said southerly rAght of-way line, 4.58 feet, to the Northeast Corner of_ _theme Parcel, the Plat of Survey of which is recorded ii-:Plat„aBdok 11, at Page 26 , of the records of the Johnson County Recorder's Office; Thence S03°21'14"E, along the easterly line of said surveyed parcel, 23 . 45 feet, to an iron pin found; Thence S40°44 ' 44"E, along said easterly line, 123 . 47 feet, to an iron pin found; Thence S03°15 ' 44"E, along said easterly line, 46 .82 feet, to an iron pin found; Thence S40°26 '16"W, along said easterly line, 254. 19 feet, to an iron pin found; Thence S05°42 '36"W, along said easterly line, 138 . 07 feet, to an iron pin found; Thence S65°31 '26"W, along said easterly line, 288 . 13 feet, to an iron pin found at the southwesterly corner of said surveyed parcel; Thence N88 °59 ' 28"W, 9 . 36 feet, to a point on said East Line of the west ane-ialf , of said Southeast Quarter of Section 33 ; Thence 500° 4 7 ' S 7"W, along said East line , 537 . 33 feet, to ntS 2ec.nn.1 lg. 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CN -5- -6- N35 °33 ' 12"E , 269 . 10 feet, to an iron pin set; Thence N44°15 ' 59"E , 219 . 68 feet, to an iron Din set; Thence N52° 45 ' 33 "E, 182 . 45 feet, to an iron pin set; Thence up N56 °45 ' 11"E, 184 . 92 feet, to an iron pin set; Thence -- N66 °36 ' 40"E, 187 . 99 feet, to an iron pin set; Thence o � S89 °46 ' 47"E, 250 . 93 feet, to an iron pin set; Thenc-) .K.. S73°09 ' 40"E, 329 .27 feet, to an iron pin set; Thence zg S71°51 '07"E, 180 . 42 feet, to an iron pin set; Thence S65 °13 '40"E, 207 . 15 feet, to an iron pin set; Thence S61°43 '01"E, 211. 82 feet, to an iron pin set; Thence W 3 S67°54 '08"E , 394.85 feet, to an iron pin set; Thence S74°11 '04"E, 304. 33 feet, to the Northwesterly Cerner gf the Parcel, `.conveyed by Warranty Deed recorded in Book 399 , at page 348 , of the Records of the Johnson County Recorder's Office; Thence S14°40 '37"W, 104. 94 feet, to the Southwesterly corner of said Conveyed parcel; Thence S73°57 '48"E, 152. 65 feet along the southerly line of said conveyed parcel; Thence S45 °d4 ' 53"E, 38 . 00 feet to a point which is 78 .00 feet normally distant Northwesterly of the Former Westerly Right-of-Way Line of. U.S . Highway No. 218 , now known as Dubuque Street, at the Southeasterly Corner of said Conveyed Parcel; Thence N14°40 '37"E along a line Parallel with said Westerly Right-of-Way Line, 123 . 00 feet, to its intersection with said Southerly Top of Bank of the Iowa River, at the Northeasterly Corner of said conveyed parcel; Thence S73°57.' 48"E along said Top of Bank, 46.75 feet, to an iron pin set at its intersection with the Westerly Right-of-Way Line of North Dubuque Street, at the Northwesterly Corner of the parcel acquired by Condemnation Proceedings in the name of Johnson County, Iowa, and recorded in Book 1097, at Page 52, of the records of the Johnson County Recorder's Office; Thence S08°02 '35'tW, along said westerly right-of-way line, 81.58 feet; Thence N81°57 '25" W, along said westerly right-of-way line, 25 .32 feet; Thence S08°02 '35 'W, along said westerly right-of-way line, 20 .00 feet; Thence N88°39 '10"E, along said westerly right-of-way line, 4.23 feet; Thence S49°31'28"E, along the southerly line of said condemnation parcel, 45 . 11 feet; Thence S81°57 ' 25"E, along said southerly line, 63 . 04 feet, to its southeasterly corner thereof, on the former centerline of said North Dubuque Street; Thence S08°02 '39"W, along said centerline, 72. 78 feet; Thence Southeasterly, 845 . 45 feet, along said centerline, on a 996 . 44 foot radius curve, concave northeasterly, whose 820 .32 foot chord bears S16 ° 15 ' 46"E; Thence S40°34 ' 11"E, along said centerline, 155 . 57 feet; Thence Southeasterly, 132. 98 feet, along a 955 . 00 foot radius curve, concave northeasterly, whose 2 . 98 foot chord bears 344°33 ' 33"E. Thence 549°54 ' 47"E, aicna said former centerline, 61 . 90 feet , to its intersection with the East 'line of zhe west one-half, of Jc.-u 7outherst ":uzrter f Section ; Thence S00° 47 ' 5-'"`•a, -7- along said East Line, 63 . 01 feet, to a point on the southerly Right-of-Way Line of said North Dubuque Street; Thence Southeasterly, 312 . 00 feet, along said southerly Right-of-Way Line, on a 2342. 00 foot radius curve, concave northeasterly, whose 311. 77 foot chord bears S55°20 ' 15"E; Thence S59°09 ' 14"E , along said southerly right-of-way line, 109 . 03 feet; Thence S53 °26 '36"E, along said southerly right- of-way line, 4 . 58 feet, to the Northeast Corner of the Parcel, the Plat of Survey of which is recorded in Plat Book 11, at Page 26 , of the records of the Johnson County Recorder's Office; Thence S03°21 ' 14"E, along the easterly line of said surveyed parcel, 23 . 45 feet, to an.iron pin found; 'Thence S40°44' 44"E, along said easterly line, 123 . 47 feet, to an iron pin found; Thence S03°15 ' 44"E, along said easterly line, 46 . 82 feet, to an iron pin found; Thence 540°26 ' 16"W, along said easterly line, 254. 19 feet, to an iron pin found; Thence S05°42 '36"W, along said easterly line, 138 . 07 feet, to an iron in found; Thence S65°31'26"W, along said easterly line, 288 . 13 feet, to an iron pin found at the southwesterly corner of said. surveyed parcel; Thence N88 °59 '28"W, 9 .36 feet, to a point on said East Line of the west one-half, of said Southeast Quarter of Section 33., Thence S00°47 ' 57"W, along said East Line, 537 .33 feetr;?to the Point of Beginning. Said tract of land contains M7 713 acres, more or less, and is subject to easements. :andcce restrictions of record. `r, 7 o-� As part of the condemnation of the above described -land in fee simple, you are hereby notified that the City of IoWa City, Iowa, desires the condemnation of the leasehold interest in the above-described land held by S & G Materials, an Iowa general partnership, by an Assignment of Lease, dated January 1, 1989, wherein S & G Minerals Corp. , an Iowa corporation, assigned and transferred its right, title and interest, to S & G Materials, in and to a Lease-Sand Removal, dated July 29 , 1988.. A. copy of said Assignment of Lease and the Lease-Sand Removal are attached hereto and incorporated herein as Exhibit "B" . In connection with this condemnation proceeding, it is specifically provided as follows: 1. The storage building, scale and scale house and the stockpiled sand located on the leased premises described in Exhibit B are reserved to and shall remain the property of S & G Materials , an Iowa general partnership, subject to said improvements and szockpi. ed sand being 'removed from the condemned oroper v by S & G ;Materials , an :cwa r:enerai -8- partnership, at its expense., no later than October 31, 1995 . S & G Materials, an Iowa general partnership, shall be granted reasonable access to said property for the removal of said improvements and stockpiled sand. • 2 . Farm tenant, Ivan Walker, shall be permitted to harvest the current crop grown this season on the leased farm land on the above described property, subject to said harvest being completed by December 31, 1994. Said tenant shall be allowed reasonable access to said leased property for said harvest. That the appropriation of the said interests in said property is sought by condemnation proceedings by the City of Iowa City, Iowa, condemner, for a project known as the Iowa City Water Supply and Treatment Facilities Project. (See attached Application to the Chief Judge of the Sixth Judicial District. ) Said project, and the condemnation of property pursuant thereto, is being conducted under and by virtue of Chapters 6A and 6B of the Code of . Iowa. A commission has been selected and appointed as by law provided for the purpose of appraising and awarding damages which will be caused by said appropriation and condemnation. You are further notified that said commissioners will on the P.944�,day of November, 1994, at 9:30 o'clock, g.m. , view said propertyand proceed to appraise said damages at:- 10: 00 o'clock, $.m. , at which time you may appear before said commissioners if you care to do so. After viewing said property, the commission will meet in the Sheriff's Office, 511 South Capitol Street, Iowa City, Iowa, for said appraisal of damages. THE CITY OF IOWA CITY, IOWA_ a Municipal Corporation CONDEMNER 0_,!/(ce4-- Linda •Newman Woito City Attorney VA/ B 0 l/� b, 7 Br wn 60 � , / Have Brown r Buil ding 8Z� 120;! Gast.-Washington Street Iowa City, Iowa 52240 " /I' ( '19 ) 7-4606 END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY RONALD P. SCHOBORG and CAROL ) SCHOBORG, ) No. 55099 Plaintiffs, ) ) vs. ) MATTHEW BOYD ANDERSON and EAST ) CENTRAL IOWA COUNCIL OF ) ORIGINAL NOTICE GOVERNMENT, ) ) Defendants/Third-Party Plaintiffs, ) ) THE CITY OF CORALVILLE, IOWA; and ) QD THE CITY OF IOWA CITY, IOWA, ) cl Third-Party Defendants. ) C7-G r �.t r rn To the above-named Third-Party Defendant(s) : o .. NA s• You are hereby notified that there is now on file in the office of the clerk of the above court a Cross-Petition in the above-entitled action, a copy of which Cross-Petition is attached hereto. The Defendant/Third-Party Plaintiffs' attorney is Patrick M. Roby, whose address is Elderkin & Pirnie, P.L.C. ; P.O. 118 - 3rd Ave. SE, Suite 700; P.O. Box 1968; Cedar Rapids, Iowa 52406-1968. You are further notified that unless, within twenty (20) days after service of this Original Notice on you, you serve, and within a reasonable time thereafter file, a motion, or answer in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. /leltr.t /1l515N.4,C Clerk of ourt (SEAL) Johnson County Courthouse Iowa City, Iowa 52240 Note: The attorney who is expected to represent the Third-Party Defendant(s) should be promptly advised by the Third-Party Defendant(s) of the service of this Notice. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY RONALD P. SCHOBORG and CAROL ) SCHOBORG, ) No. 55099 Plaintiffs, ) y ) // VS. ) ... :;;., ) MATTHEW BOYD ANDERSON and EAST ) • by CENTRAL IOWA COUNCIL OF ) GOVERNMENT, ) # ) ' Defendants/Third-Party Plaintiffs, ) CROSS-PETITION ,' ) vs. ) THE CITY OF CORALVILLE, IOWA, and ) THE CITY OF IOWA CITY, IOWA, ) 4.0 Third-Party Defendants. ) 7=-7-1 C)-( J INE, Defendants, pursuant to I.R.C.P. 34 and for claim ag-emstN Third-Party Defendants, state: Y 1. Plaintiffs have filed an action in this court seeking money damages from Third-Party Plaintiffs as a result of a collision which occurred on December 21, 1991, on First Avenue in Coralville, Johnson County, Iowa. A copy of the Petition is attached as Exhibit "A" . 2 . Third-Party Plaintiffs have answered and have alleged, among other things, that the sole proximate cause of the collision was the failure of those charged with responsibility to maintain the roadway to properly clear the roadway of snow and ice. A copy of the Answer is attached as Exhibit "B" . 3 . The collision which is the subject of this action occurred when one of the vehicles involved lost control on an accumulation of snow and/or ice crossing into the other vehicle's lane of traffic. It is the contention of Plaintiff that it was the vehicle operated by the Defendant Anderson which crossed over into the opposite lane of traffic which allegation is denied by Third-Party Plaintiffs. 4 . Third-Party Plaintiffs have been unable to determine which of the Third-Party Defendants had responsibility for the removal of snow or ice or placing of abrasive material on the roadway in question as each says it was the other's responsibility. 5. The fault of the entity responsible for removal of accumulations of snow or ice or placement of abrasive material on the roadway was a proximate cause of the collision and any injury or damages sustained by Plaintiffs. 6. The fault of the Third-Party Defendant responsible for removal of snow or ice or placement of abrasive material on the roadway should be compared with that of the current parties to this action pursuant to Chapter 668 and that Third-Party Defendant should be required to pay its proportional share of the damages assessed, if any. WHEREFORE, Third-Party Plaintiffs pray that the Third-Party Defendant found responsible for removal of snow or ice or placement of abrasive material on the roadway in question prior to the collision which is the subject of this action be assessed r -2- :ty n, ti fault as requested herein and that it be taxed its proportional share of the costs of this action. �����`�► -PATRICK 14. ROBY LI0O0479O ELDERKIN & PIRNIE, P.L.C. Suite 700, Higley Building 113 – 3rd Ave. SE; P.O. Box 1968 Cedar Rapids, IA 52406-1968 (319) 362-2137 ATTORNEYS FOR DEFENDANTS/THIRD— PARTY PLAINTIFFS Copy to: Michael J. Moon Mowry, Irvine, Giannetto & Moon 1>-7 Z .71 25 North Center –r N ...,, P.O. Box 557 �E.� �J ; Marshalltown, IA 50158 ..�j– iT1 ii 4 CD <� •yam T+ rko CERTn(3q.F PI SERVICE The undersigned I.- -t"'^oo iy of the foregoing instrumc' .-el ^a-)rd of all partir • t: in an enve': ::7 r? l crccpective ' addre ;. :: I:.:.., ys el record herein,—hand dehvrrci i,,.3(._. nth p:-.St? :obi paid,and by depositing said eneelopa in a United States Pcr'"'thee depository in Cedar Rapids, Iowa oogih Ar day of P gjit'e'`l 19 93 IJ4�'7v Q .` tt�1 • (h 0 ELDERKIN&PIRNIE Seventh Floor Higley Building,P.O.Box 1968 L Cedar Rapids,IA 52406 -3- IN THE DISTRICT COURT OP IOWA FOR JOHNSON COUNTY RONALD P. LCHOBORG, ) 478-4e-2410, and CAROL SC1iOBORG, ) u 485-40-c5372, - NO. S'6�ttY Plaintiffs, ---- ' 471 N :<r -o r MATTHEW BOYD ANDERSON andrl EAST CENTRAL IOWA COUNCIL OP ) PETITION AT LAW = - 4N'' GOVERNMENT, wt ) c, ^u Plaintif f s state: o 1. Plaintiffs are, regidonta of Marshalltown, Mcarohall: co.) County, Iowa, and are husband and wife. 2. Defendant Hatthow Boyd Anderson is a resiaent or Iowa City, Johnson County, Iowa. 3. Defendant Past Contral Iowa Council of Government is organised under the provisions of Iowa Coda Rection 2:311.1(10) and ham its principal office at City Hall, Cedar Rapids, Linn County, Iowa, and at all times material hereto operated a bus service under the name and style "Johnson County Seats." 4. Ronald P. Schoborg was the owner and operator of a 1984 Oldsmobile automobile and Matthew Boyd Anderson was the operator Of a 1991 Ford van owned by East Central Iowa Couni:ll of Govern- ment. 5. on December 21, 1991, at approximately 8:52 o'clock a.m. , Ronald P_ Schoborg was operating his automobile in a south- erly direction on 1st Avenue in Coralville, Johnson County, Iowa. 6. Carol Schoborg was a passenger in the automobile. 1 EXHIBIT Th' 7. At said ti...e anci Placa, rioccnew. noycs- iusva:i c.vaa wus vYor- atinQ a 1991 Ford van in a southerly direction on 1st Avenue when he negligently and careloaaly caused that vehicle to orash into and collide with that of Plaintiff, causing damage= as more specifically set forth hereinafter. 8_ The van operated by Matthew Boyd Anderson was being driven with the consent and permission of the owner. 9. Matthew Boyd Anderson was operating the van in the course of his employment with East Central Iowa Council of Gov- ornmert. 10_ Matthew Boyd Anderson was negligent in the operation of the van at said time and place in the following particulars, and each of them, which negligence is imputable to East Central Iowa Council of Government and was the proximate cause of said colli- sion and damages sustained by the Plaintiffs: a. . He failed to have his vehicle under control; b. He failed to yield the right-of-way to Plain- tiffs' vehicle; c. He failed to keep a proper lookout; end d. He failed to operate his vehicle at a reason- able and prudent speed for the conditions of the road then and there existing. 11. As a proximate and direct result of the Defendant's negligence, the Plaintiffs have and will continue to suffer damages for medical, drug and therapeutic expenses, have and will continue to suffer damages for pain and suffering, have and will continue to be rendered unable to live a normal life, have and will continue to lose wages, have suffered permanent physical 2 to Aj fNI J r CO1 .� C� 0 J F— N -V C • • �J — 4Ceuxo44y a-cola 8STO5 VI 'umogiivgm1BW. LSS xoa 'O'd 'xa4ue0 gq.zoN Sr NOON otiI,1,3Nt1'lI) '3Nlnuz 'A2LMON ULLuouw 4 4 uoor•S -2 Tem 0 N • ,I :T.H I . 33TquTeld '02UOSOH0S 'ZOU' D pup DNOHOHOS "d GIVN0d •pepTnoxd PBZ Aq uv UO3TgoDTgg ao cgcoo eq.; pue 4sexequz xo3 'gunotma algvuooaoa put/ 1Tva e uT aabgUHP .i0j ui©gg ao toe putt '1.uaatu.zonc0 ao TTou:toT-2al.uo3 1.aeH pu>z uo><sxapuy pcog tnet ge;? tuqulapuogoa gsuTTs£» guombpn C puumep bxogogos To.ze0 pine bxogogo3 -d pZvuou cra3T4uT2Id '3uO.T2i3Ilbi •-o72a Jo auTx3 egg 1q peuTutzagap sq o4 equno>IIe algsuosvax puv aTva uT IIv 'dTgvuoTuvdazopug i uoT4oaaae 'enol ' saoTn:Las 'g=oddns 'mnTgaofluoo s,xaggo Hotta 3o ssot GU xaaaRs og anuTguoo ItTm Pu-s aneq '4OTnbuv Teguaat aojjns TTTM pT enar� '.K4T3Bde0 bUTuxee 3o 4uautaTvdaT a.zngna engtt TITM 'quaulaTt?du1T • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY RONALD P. SCHOBORG and CAROL ) SCHOBORG, ) up No. 55099 © Plaintiffs, ) c vs. ) ANSWER -o , MATTHEW BOYD ANDERSON and EAST ) rTi CENTRAL IOWA COUNCIL OF ) N GOVERNMENT, ) �J ) Defendants. ) Defendants, for Answer to the Petition, state: -_ • I 1. The allegations of paragraph one are admitte G 2. The allegations of paragraph two are admitted'._.— 3 . The allegations of paragraph three are admitted. 4 . The allegations of paragraph four are admitted. 5. The allegations of paragraph five are admitted. 6. The allegations of paragraph six are admitted. 7. Defendants admit that Mr. Anderson was operating the van .in a southerly direction on First Avenue in Coralville and that 'a collision occurred. The remaining allegations of paragraph seven are denied. 8. The allegations of paragraph eight are admitted. 9. The allegations of paragraph nine are admitted_ 10. The allegations of paragraph ten are denied. The allegations of subparagraphs "a" through "d" both inclusive are specifically denied. EXHIBIT "B" 11. Defendants deny negligence and deny that any damages alleged, to the extent they are proved to have occurred or will occur in the future, were proximately caused by the collision which is the subject of this action. WHEREFORE Defendants move the court to dismiss the Petition at Plaintiffs' cost. AFFIRMATIVE DEFENSES 1. Defendant Ronald Schoborg was at fault in some L. particular which fault was a proximate cause of any injury or damages sustained and serves to bar or reduce any recovery in this action. 2. The sole proximate cause of the collision was She failure of the person or persons and/or other entities CIAIt4a with responsibility to maintain the roadway to properly :t-e-ar-oth eril o lv roadway of snow and ice. -c " 1.> 4 RICK M. ROBY :- LI0004790 ELDERKIN & PIRNIE, P.L.C. Suite 700, Higley Building 113 — 3rd Ave. SE; P.O. Box 1968 Cedar Rapids, IA 52406-1968 (319) 362-2137 ATTORNEYS FOR DEFENDANTS Copy to: Michael J. Moon CERTIFICATE OF SERVICE Mowry, Irvine, Giannetto & Moon The undersigned hereby certifies that a true copy of the foregoing 25 North Center instrument was served upon each of the attorneys of record of all parties to the above entitled cause Ey enclosing the same in an P.O. Box 557 envelope addressed to each s':c7r attorney al his respective Marshalltown, IA 50158 addresses disc' ' d by the GSud:np of record herein,.__hand delivered/ with poslav tut,y paid,znd by depositing said envelope in a nitt tatcs Pcst Chico deposito yin Cedar Rapids, —2— Iowa on,he s—'clay 1 19 y. cam C' . 1�ti.- -�, Seventh floor HirleT!i;'r_n I. Box 1968 Cedzr tiapld5,L,!t::=i END OF CASE FILE arHE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE I Official Form No.301 OF THIS FORM,CONSULT YOUR LAWYER b _ ..,3.—_.I —1 u C) .; N s.Y.. THE IOWA DISTRICT COURT _ '" . JOHNSON COUNTY -` y1 1F. CD SMITH-MORELAND PROPERTIES, an Iowa general partnership Plaintiff(s), L,.W E EQUITY ❑ No. 560V9 vs. THE CITY OF IOWA CITY, a ORIGINAL NOTICE I municipal corporation II Defendant(s). I TO THE ABOVE-NAMED DEFENDANT(S): You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The plaintiff's(s') attorney is I John D. Cruise and Teresa R. Wagner whose address is 920 S. Dubuque St. , P. 0. Box 2000, Iowa City , Iowa 52244 I I You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable timp thereafter file a motion or answer, in the Iowa District Court for Johnson I i County, at the courthouse in Town City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. EDWARD F INB_' . H ‘/4 e ��r jI (SEAL) / / i CLF ..46F THE ABOVI OURT 1 Johnson County Courthouse I Iowa City , Iowa 52240 li I 'i II NOTE:The attorney wno is exoectea to represent the cefenoant snouha ce prv^'a::y sc'"sec C'. _e7e.^.ce.:- :.. e sere ce !,s^ct:ca. 301 ORIGINAL NOTICE FOR PERSONAL SERVICE ,"e Pcwa State Ear Assoctaaon =awsec-anuary.:991 r".,a Pnnnnn Fooruarv.1391 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SMITH-MORELAND PROPERTIES, an Iowa general partnership, ) No. 56°q'1 Plaintiff, ) vs. ) PETITION IN EQUITY, ..�F THE CITY OF IOWA CITY, ) z. �. �..:. a municipal corporation, ) Defendant. ) .oOl 25. ti COMES NOW Smith-Moreland Properties, an Iowa genera-r-).--- partnership enera-l_:�partnership (hereafter "Smith-Moreland") , by and through its attorney, and as cause of action against Defendant City of Iowa City (hereafter "the City") , submits as follows: PREAMBLE 1. The Plaintiff is a general partnership duly organized under the laws of the State of Iowa and doing business in Iowa City, Johnson County, Iowa. 2 . The Defendant is a municipal corporation acting in the City of Iowa City, Johnson County, Iowa. 3 . In 1973 and 1981, Defendant installed water mains on Peterson and Court Streets, respectively, in the City of Iowa City, Johnson County, Iowa. 4 . The Plaintiff was the owner of the Court Hill Con- dominium project which encompassed property abutting Court o 'D and Peterson Streets in Iowa City, Johnson County, Iowa=.== '71 5. No notice was ever given to Plaintiff, or ton- prior- 0 owners of this abutting property, regarding the instal atioi of said water main. _? J -2- 6. The cost of installation for the Peterson Street main was $9 .20 per lineal foot; the cost for the Court Street water main was $19 . 35 per lineal foot. Defendant paid the initial cost of this installation. 7 . Defendant coerced reimbursement from Plaintiff for these costs by withholding building permits and/or prevent- ing connection to water mains. 8 . Plaintiff paid the sum required by Defendant in the amount of $7 , 920. 00 on March 1, 1993 with objection and under protest. Please see attached copy of said check marked as Exhibit "A" . COUNT I = ry 9. Plaintiff hereby incorporates by reference para- : 0 • o: graphs 1 through 8 set out herein. - , 10. Plaintiff hereby specifically requests that Defen- dant refund the full $7, 920. 00, plus interest, on the grounds that Defendant imposed and collected this sum illegally in the following particulars: a) Violation of Iowa Law. That Defendant in essence imposed and collected a special assessment from Plaintiff but did not follow procedures to levy that special assessment as is required by Iowa law; b) Violation of the Iowa and Federal Constitu- tions. That failure to comply with the required pro- cedures deprived Plaintiff (and the other property owners) of due process under the law, including but not limited to the right to notice before being deprived of -3- property (that is, the sum paid to Defendant) ; and, that failure to provide said due process is a violation of both the Iowa and Federal Constitutions. WHEREFORE, Plaintiff requests the full refund of the $7, 920.00, plus interest, from Defendant on the basis that collection of said sum was illegal. COUNT II 11. Plaintiff hereby incorporates by reference para- graphs 1 through 10 as set out herein. 12 . Defendant calculated the amount owed by Plaintiff according to frontage footage of the property along the water main. 13 . Defendant based its calculations on the current and present cost of installing a water main and not the actual cost of installation in 1973 and 1981. 14 . In so doing, Defendant overcharged Plaintiff. 15. Plaintiff hereby specifically requests, in the alternative to Count I, that Defendant refund to it the amount that it was overcharged. WHEREFORE, Plaintiff requests as an alternative to Count I reimbursement in the amount Plaintiff was over- charged because Defendant failed to base its figure on the actual cost of installation. COUNT III `. �p 16. Plaintiff hereby incorporates by reference prim-Z:1 graphs 1 through 15 set out herein. n� b ` `; Oa 03 -4- 17 . A water main is a durable good subject to depre- ciation. 18. Defendant failed to consider said depreciation when calculating the amount Plaintiff allegedly owed it and thereby overcharged Plaintiff for the alleged benefit con- ferred. 19. Plaintiff hereby specifically requests, in the al- ternative to Count I, and in addition to Count II, that De- fendant refund the amount for which it was overcharged. WHEREFORE, Plaintiff requests in addition to Count II and as an alternative to Count I, that Defendant refund to it that amount that Plaintiff was overcharged because Defen- dant failed to consider depreciation. WHEREFORE Plaintiff requests that this Court order De- fendant to refund the full $7,920. 00, plus interest, which Plaintiff paid Defendant under protest; or, in the alterna- tive, to refund the amount Plaintiff was overcharged because Defendant failed to base its figure on actual cost and failed to consider depreciation; to pay for Court costs of this action; and to order any other relief that this Court deems just and equitable. BARKER, CRUISE, KENNEDY & HOUGHTON 11,1 4 d 1.1 13"6 By jj Ji...., � ,1 Jo D. Cruise 000001083 -5- B _yEd1.1„ Teresa R. Wagner 0'0014130 920 South Dubuque St eet P.O. Box 2000 Iowa City, Iowa 52 Attorneys for Plaintiff v: 64a1738. 1tg cb� �fq —4 �II N 1). w SMITH - MORELAND 12 9 3 COMMERCIAL PROPERTY 2208 ROCHESTER AVE. PH. 338-3861 IOWA CITY, IA 52240 1 19 `3 X72-2162 739 0 AY cY'D 3 THERIDER OF I $ 1 i CD n ^'�" � �'�'" U DOLLARS ,,., I � osQ Iowa Slale Bank P.O.Box ust Company' q / n 7 ' 4 `� .O.Box 1a 5 / I B Iowa City,Iowa 52244 i A,. OR I1'00 L 29 311' " 1:0 7 3921, E, 21-,1: II'0 2 6 '''0 011' .1'000079 2000,0 w o r �- o C) C.:'-,- • N CZ) CO U LIJ , ..1„ 1 O. 1..-. — :(c ...) .JI 0 c Wpm 'Cr. .. 0 O _ = IL U O = ..---..1------.-`iCQ JB T �, PAGE _____ END OF CASE FILE LAMARCA & LANDRY, P.C. GEORGE A. LAMARCA• ATTORNEYS AND COUNSELLORS AT LAW GREGORY W. LANDRY•t ROBERT K. DUPUY WALNUT GROVE CENTRE GARY G. MATTSON 1300 50Th STREET TODD R. BUCHANAN WEST DES MOINES, IOWA 50266 JOSEPH A.CACCIATORE FLORIDA OFFICE TELEPHONE(515)225-2600 202 BISCAYNE BOULEVARD SAMUEL S. DUFFEY• FAX(515)225-8581 ISLAMORADA, FLORIDA 33036 MARTIN R. ANDERSON ALSO ADMITTED IN FLORIDA OF COUNSEL tALSO ADMITTED IN MISSOURI October 11, 1994 Ms. Marian Karr, City Clerk City of Iowa City 410 E. Washington Iowa City, IA 52240 a £.,., o 2> --; itl CERTIFIED MAIL " . -' �' eit Re: Tort Claim o_'_R ``' Date of Incident: August 27, 1994 "" `-- Z71 My Clients: Leilani Janssen and Wendy Rose Taylor Dear Ms. Karr: This letter represents written notice of a tort claim against the City of Iowa City pursuant to Iowa Code section 670.5 (1994). Notice is provided on behalf of Wendy Rose Taylor, a minor,by and through her mother and next friend,Leilani Janssen. Wendy Rose Taylor was injured when she fell through a defective storm sewer grate on the pedestrian mall in downtown Iowa City on or near August 27, 1994. Relief is sought in the form of money damages. Please feel free to contact me if you require more information. Very truly yours, LaMAR A & /LANDRY, P.C. J ep A. Cacciatore 4/1.- JAC/kmc c:\wp51\work\janssen\karr.let END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WASHINGTON PARK, an Iowa ) 56212, general partnership, ) LAW NO. Plaintiff, ) vs. ) CITY OF IOWA CITY, IOWA, ) S & G MATERIALS, an Iowa ) general partnership, PHIL ) MATTHEIS, MOLLY MATTHEIS, ) IVAN WALKER, WILLIAMS PIPE ) =J LINE COMPANY, IOWA CITY ) PETITION APPEALING: --- -. n BROADCASTING COMPANY, INC. , ) CONDEMNATION AWARD -� IOWA ELECTRIC LIGHT & POWER ) COMPANY, NORTHWESTERN BELL ) TELEPHONE COMPANY, STATE OF ) IOWA, and JOHNSON COUNTY, ) 0 IOWA, ) Defendants. ) r CS v >. F ct.cr Plaintiff states: c.) i.F COUNT I ILLEGALITY CD 1. This appeal is subject to the claim of the Plaintiff that the condemnation proceedings are illegal and void as more particularly described in Cause No. 56218 now pending in this Court. 2 . Plaintiff further claims that the condemnation proceedings are illegal and contrary to law by reason of the failure of the City of Iowa City, Iowa, to separate properly the interests of the Plaintiff and the interests of S & G Materials, an C, m d414 2 CD Iowa general partnership, in that the measure of damages is completely different and each partnership is entitled to have separate trials and awards. 3 . By way of further objection to the condemnation, Plaintiff states that the City is unable to construct a water plant facility upon the land it seeks to condemn because it has not yet sought nor obtained the proper zoning permitting such use. 4 . If the condemnation procedure is determined to be void, this petition shall have no force or effect. COUNT II APPEAL Subject to the claims of the Plaintiff set forth above in paragraphs 1 through 4 , inclusive, Plaintiff appeals the condemnation award and alleges: 5. Plaintiff is an Iowa general partnership and Defendant, City of Iowa City, Iowa, is a municipal corporation having the power of eminent domain as conferred upon it by the provisions of Iowa Code § 6A. 4 (6) for public purposes which are reasonable and necessary. 6 . Defendant, S & G Materials, is the owner of a leasehold interest in the land owned by Plaintiff. 7 . Defendants, Phil Mattheis and Molly Mattheis, are month- to-month tenants on Plaintiff ' s land. Defendant, Ivan Walker, iD >p.-_� uaas w ss� 2.. syf 3 farms a portion of Plaintiff' s land. The other Defendant ,have easement or lien rights in Plaintiff' s land. 8 . On November 29, 1994 , a Compensation Commission, appointed at the request of the City of Iowa City, Iowa, entered an award of damages for the taking of 227. 98 acres of land owned by Plaintiff. A copy of the first two pages of the Notice of Condemnation are attached as Exhibit "A" and the entire Notice (9 pages) is incorporated herein by this reference. 9 . Plaintiff has appealed the award of the Compensation Commission as provided by law. 10. By reason of the "taking, " Plaintiff has sustained damages including but not limited to the following: a. The taking of 227 . 98 acres of land located adjacent to Interstate 80, the Iowa River and immediately east of Old Highway 218 in Johnson County, Iowa. b. The taking of Plaintiff's lease with S & G Materials for removal of sand and gravel which produces a net income to the Plaintiff in excess of Forty Thousand Dollars ($40, 000) annually with a remaining lease period of approximately nine years, and the acquisition of processed material in which Plaintiff has a royalty interest. c. By taking approximately forty-eight (48) acres of land between the existing sand plant and Interstate 80 containing rich deposits of concrete sand and gravel in excess of 5 million UD t O CD c; rn C7_.. O " ;.(r m3. Fl 4 "rn 3 tons which is extremely valuable and marketable by reason g the deposit quality, ease of access for removal and proximity of substantial consumers. d. The taking of a 5.2 acre parcel of commercially zoned real estate appropriate for use for the construction of commercial buildings. e. The taking of a 10-acre tract containing the original "Butler home" suitable for apartment construction with unusually convenient access. f. The taking of two homes together with 16 acres of land suitable for retirement acreages and an office park with extensive parking availability. g. The taking of a roadway from Dubuque Street to the sand plant leading to an area which after the termination of the sand plant operation is appropriate for low-rise apartments. h. The taking of a well drilled in 1987 serving the two residences located on the property. i. The taking of an area consisting of approximately 40 acres appropriate for 33 lots of one acre each. 11. By reason of the taking, Plaintiff has been damaged in the amount of Six Million One Hundred Forty-two Thousand Dollars ($6, 142 , 000) . By reason of the foregoing, Plaintiff demands judgment against the Defendant in the amount of Six Million One Hundred Forty-two 0 rn ,11 Thousand Dollars ($6, 142 , 000) together with interest as:groviaed by law and for the costs of this action including a reasonable attorney' s fee as allowed by Chapter .B, Code of Iowa. MEARD• ,, SUEP.•E "%OWNER & HAYES P.L.C. BY 1/ i/�'�j err" "� �►•irv47- •• • •00003619 By 'L.1. arles A. Meardon 00-0009771 122 South Linn Street Iowa City, Iowa 52240 Telephone: 319/338-9222 ATTORNEYS FOR WASHINGTON P• • , an Iowa general partnership i • Johnson County, Iowa • Condemnation Form SA . In the Matter of the Condemnation ) . of Certain n Rights in Land by the ) City of Iowa City, Iowa, for a ) NOTIC': of Project Located in Johnson Count-r, ) CCNt7MMATION Iowa, known as: The Iowa City ) • Water Sunply and Treatment ) Facilities Project; ) Washington Park Parcel. ) * * * * * * * * * To: Wash 4ncton Park, an Iowa general partnership C/o Bruce R. Glasgow 834 North Johnson Street `"o r Iowa City, Iowa 5224.5 . 5 r r .:>::,---_; c) uU S & G Materials, ^_' co an Iowa general par .ership - c C/o Robert G. Barker rCr-- �,. >. 2002 Dunlap Court C7 , _ Iowa City, Iowa 52240 ; • = :.``.: > N Pill Mattheis 3337 Dubuque Street Iowa City, :cwa 52240 Molly Matt..hei s 3337 Duhucuue Street Iowa Cit v, :cwa 52240 Ivan Walker 2790 Lreland Avenue, NW Oxford, Iowa 52322 Williams Brothers Pipeline Ccmmanv, a Delaware cnnccrat±ea C/o Wilson Busty, 34-11 Williams Pine Line Cammanv (successor ccnccrat_cn by name change) PO Box 3448 Tulsa, Oklahoma 74101 Iowa City Broadcasting Company, Inc_ C/o Steve Winkey, Registered ..hent -a 0 and North Dubuque Street :cwa _-__ , :cwa 52240 • -I- • Iowa Elecmr-c Light & Power Comnanv C/o David J. Einatgen IzS Utilities , Inc. IE Tower, 12th Floor 200 First Street, SE Cedar Rapids, Iowa 52406 Northwester= Belle Telephone Company, U.S. West Communications, Inc. , successor in interest • C/q CT Corporation System* :s Rolland E. Grefe, Registered Agent 2222 Grand Avenue Des Moines, Iowa 50312 State at Iowa C/a David A. Ferree, General Counsel Division Department of Transportation 800 Lincoln. Way Mmes, Iowa 50010 0 Johnson County, Iowa, + =- Audi for U C/a Johnson County �- Caunty gfimi n �..,--anon Building -- 913 South Dubuque Stet _. , Iowa City, Iowa 52240 1. _ - = Johnson County, Iowa, ry C/o Johnson County Treasurer County Ami nictration Building 913 South Dubuque Street Iowa City, Iowa 52240 • And to all other persons, ccmnan i es or car ,oration having any interest or owning any of the following-described real mr-oDer yi Commencing at the Southeast Corner of the Southeast Quarter at Sec-...ion 33 , Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence Y8ga59 '29"W, a recorded bearing along the South Zine of said Sec~.:_on 33 , 1327 . 00 feet, to the Southeast Corner of the Southwest Quarter of said Southeast Quarter of Section 33; Thence Y00°47 'S7"E, along the East Line of said Southwest Quarter of the Southeast Quarter of the Southeast Quarter of _ect_an 23 , L00 . 15 feet to .Lt= _azar3ect:Lcn with the :tor- er_v ?. cAz--nt- av line at .-•zero=te H1gnway To. 30 , z -�e t ci 3ec,_.n-.c; �'hencs T- _..n-=c.,.:;..__-_^c :aLa for :er• :in . _ _ END OF CASE FILE . IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON7bOUNTT ry .,� WASHINGTON PARK, an Iowa general partnership, ) NO. ;irr Plaintiff, ) Q, vs. ) NOTICE OF APPEAL OF CITY OF IOWA CITY, IOWA, ) CONDEMNATION AWARD et al. , ) Defendants. ) TO: City of Iowa City, Iowa; S & G Materials, an Iowa general partnership; Phil Mattheis; Molly Mattheis; Ivan Walker; Williams Pipe Line Company; Iowa City Broadcasting Company, Inc. ; Iowa Electric Light & Power Company; Northwestern Bell Telephone Company; State of Iowa; Johnson County, Iowa; and the Sheriff of Johnson County, Iowa YOU AND EACH OF YOU ARE HEREBY NOTIFIED that subject to Plaintiff' s claim of invalidity, Plaintiff appeals the award of damages entered by the Compensation Commission on November 29 , 1994 , pursuant to a Notice of Condemnation, a copy of the first two pages being attached as Exhibit "A" and the entire Notice (9 pages) being incorporated herein by this reference. YOU AND EACH OF YOU ARE FURTHER HEREBY NOTIFIED that if Plaintiff' s claim that the condemnation is illegal is sustained as contended by Plaintiff in Cause No. 56128 pending in this Court, this Notice shall be null and void. Subject to the foregoing Plaintiff will file a petition as provided by law and this appeal shall be heard as provided by the rules of this Court. 2 Dated this 27th day of December, 1994 . MEARDO , SUEP' , a"P ER & HAYES P.L.C. ByL. `/ . , / I `/��� ^i 11" :m �,'off c =v' P•0000 .19 122 South Li' J reet Iowa City, ►•• : 52240 Telephone: . 9/338-9222 ATTORNEYS FO' WASHINGTON PARK an Iowa general partnership .C- a o :-C) rri r-. a co .'i„ CD l0 • Johnson County, Iowa Condemnation Form 5A In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, Iowa, for a ) NOTICE OF Project Located in Johnson County, ) CONDEMNATION Iowa, known as: The Iowa City ) Water Supply and Treatment ) Facilities Project; ) Washington Park Parcel . ) * * * * * * * * * * . . \ To: Washington Park, an Iowa general partnership C/o Bruce R. Glasgow 834 North Johnson Street Iowa City, Iowa 52245 . S & G Materials, • r an Iowa general partnership C/o Robert G. Barker c-) o .- 2002 Dunlap Court Iowa City, Iowa 52240 -` co Phil Mattheis -; 3 3337 Dubuque Street Iowa City, Iowa 52240 Molly Mattheis 3337 Dubuque Street Iowa City, Iowa 52240 Ivan Walker • 2790 Ireland Avenue, NW Oxford, Iowa 52322 Williams Brothers Pipeline Company, a Delaware corporation C/o Wilson Busby, 34-11 Williams Pipe Line Company (successor corporation by name change) PO Box 3448 Tulsa, Oklahoma 74101 Iowa City Broadcasting Company, Inc. C/o Steve Winkey, Registered Agent 1-80 and North Dubuque Street Iowa City, Iowa 52240 EXHIBIT "A" • -2- • Iowa Electric Light & Power Company C/o David J. Hingtgen IES Utilities, Inc. IE Tower, 12th Floor 200 First Street, SE Cedar Rapids, Iowa 52406 Northwestern Bell Telephone Company, U. S . West Communications, Inc. , successor in interest C/q CT Corporation System •1. Rolland E. Grefe, Registered Agent 2222 Grand Avenue Des Moines, Iowa 50312 State of Iowa C/o David A. Ferree, General Counsel Division Department of Transportation 800 Lincoln Way Ames , Iowa 50010 Johnson County, Iowa, Un C/o Johnson County Auditor County Administration Building o 913 South Dubuque Street >--+ c Iowa City, Iowa 52240 CO --i c) rn Johnson County, Iowa, - C/o Johnson County Treasurer co-70 w_ *� County Administration Building p 913 South Dubuque Street Iowa City, Iowa 52240 • And to all other persons, companies or corporations having any interest in or owning any of the following-described real property; Commencing at the Southeast Corner of the Southeast Quarter of Section 33 , Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59 '29"W, a recorded bearing along the South line of said Section 33 , 1327 . 00 feet, to the Southeast Corner of the Southwest Quarter of said Southeast Quarter of Section 33 ; Thence N00°47 ' 57"E, along the East Line of said Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 33 , 100 . 15 feet, to its intersection with the Norther'-y. Right-of-Way Line of Interstate Highway No. 80, arc which -taint is the Point of 3ecinning; Thence 375 ,94 ' w, along said Norther.L7 ..-ant- -Way Line , _9 . -3- • feet, to an iron right-of-way rail found; Thence S82° 11 ' 39"W, along said Northerly Right-of-inlay Line, 300 . 43 feet, to an iron right-of-way rail found which is 150 . 00 feet, radially distant northwesterly of said Highway centerline at station 899+00 ; Thence N89 °57 '52"W, along said Northerly right-of-way Line, 871. 31 feet, to an iron right- of-way rail found, which is 220 . 00 feet normally distant northerly of said Highway centerline at station 890+00 ; Thence S80°24 ' 27"W, 121. 06 feet, to a point on the East line of the Southwest Quarter of said Section 33 , which is 200 . 00 feet, normally distant northerly of said highway centerline; Thence S80°48 ' 18"W, along said northerly right-of-way line, 183 . 73 feet, to a point at its intersection with -the south line of said Section 33 , which is 170 . 00 feet normally distant northerly of interstate centerline station 887+00 ; Thence N89°59 '29"W, along said South Line of Section 33 , which line is also the northerly right-of-way line of Interstate Highway No. 80 , 1577 .87 feet, to its intersection with the Easterly Top of Bank of the Iowa River; Thence Meandering along said Easterly and Southerly Top of Bank the following courses: N11°34 '34"W, 512'_22 feet, to an iron pin set; Thence N10°25 ' 16"W, 495 . 00 feet, to an iron pin set; Thence N09°06 ' 41"W, 715 .22 feet, to an iron pin set; Thence NO3°48 '00"W, 387 .54 feet, to an iron pin set; Thence NO3 °48 '14"E, 335 . 82 feet, to an iron pin set; Thence N18°05 '07"E, 371.37 feet, to an iron pin set; Thee N35 °33 '12"E, 269 . 10 feet, to an iron pin set; The;ce N44°15 '59"E, 219 . 68 feet, to an iron pin set; Thenc-e N52°45 '33"E, 182. 45 feet, to an iron pin set; Thence 0 N56°45 '11"E, 184. 92 feet, to an iron pin set; Thence .- N66 °36 '40"E, 187 . 99 feet, to an iron pin set; Thence =i S89°46 ' 47"E, 250 . 93 feet, to an iron pin set; Theme _ ? S73°09 ' 40"E, 329 .27 feet, to an iron pin set; Thence . S71°51'07"E, 180 . 42 feet, to an iron pin set; Thence S65°13 '40"E, 207 . 15 feet, to an iron pin set; Thence S61°43 '01"E, 211.82 feet, to an iron pin set; Thence S67°54'08"E, 394.85 feet, to an iron pin set; Thence S74°11'04"E, 304.33 feet, to the Northwesterly Corner of the Parcel, conveyed by Warranty Deed recorded in Book 399 , at page 348 , of the Records of the Johnson County Recorder's Office; Thence S14°40 '37"W, 104. 94 feet, to the Southwesterly corner of said Conveyed parcel; Thence S73 °57 '48"E, 152. 65 feet along the southerly line of said conveyed parcel; Thence 545°44 '53"E, 38 . 00 feet to a point which is 78 . 00 feet normally distant Northwesterly of the Former Westerly Right-of-Way Line of U.S_ Highway No. 218 , now known as Dubuaue Street, at the Southeasterly Corner of said Conveyed Parcel; Thence N14°40 ' 37"E along a line Parallel with said westerly Right-of-Way Line, 123 . 00 feet, to • ts intersection with said Southerly Top of Bank of the :owa .,i7P_r, aat the 'Tortheasterly Corner of said conveyed -4- parcel; Thence S73 °57 ' 48"E along said Top of Bank, 46 . 75 feet, to an iron pin set at its intersection with the Westerly Right-of-Way Line of North Dubuque Street, at the Northwesterly Corner of the parcel acquired by Condemnation Proceedings in the name of Johnson County, Iowa, and recorded in Book 1097 , at Page 52 , of the records of the Johnson County Recorder' s Office; Thence S08°02 '35"W, along said westerly right-of-way line, 81. 58 feet; Thence N81°57 '25" W, along said westerly right-of-way line, 25 . 32 feet; Thence S08°02 '35 'W, along said westerly right-of-way line, 20 . 00 feet; Thence N88 °39 ' 10"E, along said westerly right-of-way line, 4 . 23 feet; Thence S49 °31 ' 28"E., along the southerly line of said condemnation parcel, 45 . 11 feet; Thence S81°57 ' 25"E, along said southerly line, 63 .04 feet, to its southeasterly corner thereof, on the former centerline of said North Dubucue Street; Thence S08°02 '39"W, along said centerline, 72. 78 feet; Thence Southeasterly, 845 . 45 feet, along said centerline, on a 996 . 44 foot radius curve, concave northeasterly, whose 820 . 32 foot chord bears S16 °15 ' 46"E; Thence S40°34' 11"E, along said centerlineta 155 .57 feet; Thence Southeasterly, 132. 98 feet, Siong 955 . 00 foot radius curve, concave northeasterly, -,Whos l -- 132. 88 foot chord bears S44°33 '33"E; Thence S49° .4.:471 , 2 along said former centerline, 61. 90 feet, to its:: co intersection with the East line of the west one-}calf,-pof said Southeast Quarter of Section 33 ; Thence S0q''-47 'S "W;,' along said East Line, 63 . 01 feet, to a point on -the �? southerly Right-of-Way Line of said North Dubuque Street; Thence Southeasterly, 312. 00 feet, along said southeily Right-of-Way Line, on a 2342.00 foot radius curve, concave northeasterly, whose 311. 77 foot chord bears S55°20115"E; Thence S59°09 '14"E, along said southerly right-of-way line, 109 .03 feet; Thence S53°26 '36"E, along said southerly right- of-way line, 4.58 feet, to the Northeast Corner of the Parcel, the Plat of Survey of which is recorded in Plat Book 11, at Page 26, of the records of the Johnson County Recorder's Office; Thence S03°21'14"E, along the easterly line of said surveyed parcel, 23 . 45 feet, to an iron pin found; Thence S40°44 ' 44"E, along said easterly line, 123 . 47 feet, to an iron pin found; Thence S03°15 ' 44"E, along said easterly line, 46 .82 feet, to an iron pin found; Thence S40°26 ' 16"W, along said easterly line, 254. 19 feet, to an iron pin found; Thence S05°42'36"W, along said easterly line, 138 . 07 feet, to an iron pin found; Thence S65°31 '26"W, along said easterly line, 288 . 13 feet, to an iron pin found at the southwesterly corner of said surveyed parcel; Thence N88 °59 ' 28"W, 9 . 36 feet, to a point on said East Line of the west one-half, of said Southeast Quarter of Section 33 ; Thence S00°47 ' 5.7"W, along said East Line , 537 . 33 feet, to the Point of Beginning. Said tract of 'Land contains 227 . 98 acres . more or Less , and is Sub eC' to easements and • -5- restrictions of record. You and each of You are hereby notified that tVe.. Ciqr ca .9 Iowa City, Iowa, desires the condemnation of certain-rigfiitsfi land, more specifically described as follows, and a =shoi with reference to their location upon the lands affected-on the plat, Exhibit A, attached hereto: __ • LG CJ The title in fee simple sought to be appropriated, r the use and benefit of the City of Iowa City, Iowa; is dal land described as follows: Commencing at the Southeast Corner of the Southeast Quarter of Section 33 , Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59 ' 29"W, a recorded bearing along the South line of said Section 33 , 1327 . 00 feet, to the Southeast Corner of the Southwest Quarter of said Southeast Quarter of Section 33; Thence N00 °47 ' 57"E, along the East Line of said Southwest Quarter of the Southeast Quarter of .the Southeast Quarter of Section 33 , 100 . 15 feet, to its intersection with the Northerly Right-of-Way Line of Interstate Highway No. 80, and which point is the Point of Beginning; Thence S75°04 ' 41"W, along said Northerly Right-of-Way Line, 39 . 32 feet, to an iron right-of-way rail found; Thence S82°11'39"W, along said Northerly Right-of-Way Line, 300 . 43 feet, to an iron right-of-way rail found which is 150 . 00 feet, radially distant northwesterly of said Highway centerline at station 899+00; Thence N89°57 '52"W, along said Northerly right-of-way Line, 871. 31 feet, to an iron right- of-way rail found, which is 220 . 00 feet normally distant northerly of said Highway centerline at station 890+00; Thence S80°24 '27"W, 121. 06 feet, to a point on the East. line of the Southwest Quarter of said Section 33 , which is 200 .00 feet, normally distant northerly of said highway centerline; Thence S80°48 '18"W, along said northerly right-of-way line, 183 . 73 feet, to a point at its intersection with the south line of said Section 33 , which is 170 . 00 feet normally distant northerly of interstate centerline station 887+00; Thence N89°59 ' 29"W, along said South Line of Section 33 , which line is also the northerly right-of-way line of Interstate Highway No. 80 , 1577 . 87 feet, to its intersection with the Easterly Top of Bank of the Iowa River; Thence Meandering along said Easterly and Southerly Top of Bank the following courses: N11°34 ' 34"W, 512. 22 feet, to an iron pin set; Thence N10°25 ' 16"W, 495 . 00 feet, to an iron pin set; Thence N09°06 ' 41"W, 715 . 22 feet, to an iron pin set; Thence NO3 ° 48 ' 00"W, 387 . 54 feet , to an iron pin set; Thence NO3 °48 ' 14"F , 335 . 32 feet , to an _,on pin set; Thence T1 8 °O5 07"t 371 . 37 feet . tc an iron pin set; Thence . • - N35 °33 ' 12"E, 269 . 10 feet, to an iron pin set; Thence N44°15 ' 59"E , 219 . 68 feet, to an iron pin set; Thence N52°45 ' 33 "E, 182 . 45 feet, to an iron pin set; Thence N56°45 ' 11"E, 184 . 92 feet, to an iron pin set; Thence N66 °36 ' 40"E , 187 . 99 feet, to an iron pin set; Thence up S89 °46 ' 47"E, 250 . 93 feet, to an iron pin set; Thence S73°09 '40"E, 329 . 27 feet, to an iron pin set; Thexcs rl ... S71°51 '07"E, 180 . 42 feet, to an iron pin set; Thence S65 °13 ' 40"E, 207 . 15 feet, to an iron pin set; Thence cm S61°43 ' 01"E, 211. 82 feet, to an iron pin set; Thence _� S67°54 '08"E, 394 . 85 feet, to an iron in set; Thence S74°11 '04"E, 304. 33 feet, to the Northwesterly CQer of the Parcel, conveyed by Warranty Deed recorded in Book399 ) at page 348 , of the Records of the Johnson County Recordes Office; Thence S14°40 '37"W, 104. 94 feet, to the Southwesterly corner of said Conveyed parcel; Thence 573°57 ' 48"E, 152 . 65 feet along the southerly line of said conveyed parcel; Thence S45 °44 ' 53"E, 38 . 00 feet to a point which is 78 . 00 feet normally distant Northwesterly of the Former Westerly Right-of-Way Line of_ U.S . Highway No. 218 , now known as Dubuque Street, at the Southeasterly Corner of said Conveyed Parcel; Thence N14°40 '37"E along a line Parallel with said Westerly Right-of-Way Line, 123 .00 feet, to its intersection with said Southerly Top of Bank of the Iowa River, at the Northeasterly Corner of said conveyed parcel; Thence S73°57.' 48"E along said Tap of Bank, 46 . 75 feet, to an iron pin set at its intersection with the Westerly Right-of-Way Line of North Dubuque Street, at the Northwesterly Corner of the parcel acquired by Condemnation Proceedings in the name of Johnson County, Iowa, and recorded in Book 1097 , at Page 52, of the records of the Johnson County Recorder's Office; Thence S08°02'35"W, along said westerly right-of-way line, 81.58 feet; Thence N81°57'25" W, along said westerly right-of-way line, 25 .32 feet; Thence S08°02'35 'W, along said westerly right-of-way line, 20 . 00 feet; Thence N88°39 '10"E, along said westerly right-of-way line, 4.23 feet; Thence S49°31'28"E, along the southerly line of said condemnation parcel, 45 . 11 feet; Thence S81°57 '25"E, along said southerly line, 63. 04 feet, to its southeasterly corner thereof, on the former centerline of said North Dubuque Street; Thence S08°02 '39"W, along said centerline, 72. 78 feet; Thence Southeasterly, 845 . 45 feet, along said centerline, on a 996 . 44 foot radius curve, concave northeasterly, whose 820 . 32 foot chord bears S16 °15146"E; Thence S40°34 ' 11"E, along said centerline, 155 . 57 feet; Thence Southeasterly, 132. 98 feet, along a 955 . 00 foot radius curve , concave northeasterly, whose :32 . 38 foot chord bears 544 °33 ' 33"E; Thence 549°54 ' 47t"E, alona said former centerline, 61 . 90 feet , to its yrs with 7 e East line of the west one-half ,, of :Zt�_�ect_on - �_d Eouzneas� :uarter of Section Thence_ ence 300° a" , 5;„r,�, sV -7- co along said East Line , 63 . 01 feet, to a point on sae southerly Right-of-Way Line of said North Dubuque.' Stret, Thence Southeasterly, 312 . 00 feet, along said so_uthezE. y Right-of-Way Line, on a 2342. 00 foot radius curare, concave northeasterly, whose 311. 77 foot chord bears S55°20 ' 1`3'"E; Thence S59°09 ' 14"E , along said southerly right-of-way line, 109 . 03 feet; Thence S53 °26 '36"E, along said southerly right- of-way line, 4. 58 feet, to the Northeast Corner of the Parcel, the Plat of Survey of which is recorded in Plat Book 11, at Page 26 , of the records of the Johnson County Recorder's Office; Thence S03 °21 '14"E, along the easterly line of. said surveyed parcel, 23 . 45 feet, to ans.iron pin found; whence S40°44' 44"E, along said easterly line, 123 . 47 feet, to an iron pin found; Thence S03°15 ' 44"E, along said easterly line, 46 . 82 feet, to an iron pin found; Thence S40°26 ' 16"W, along said easterly line, 254. 19 feet, to an iron pin found; Thence S05°42 ' 36"W, along said easterly line, 138 . 07 feet, to an iron pin found; Thence S65°31'26"W, along said easterly line, 288 . 13 feet, to an iron pin found at the southwesterly corner of said_ surveyed parcel; Thence N88°59 '28"W, 9 . 36 feet, to a point an said East Line of the west one-half, of said Southeast Quarter of Section 33; Thence S00°47 ' 57"W, along said East Line, 537 .33 feet, to the Point of Beginning. Said tract of land contains 227 . 98 acres , more or less, and is subject to easements and restrictions of record. As part of the condemnation of the above described land in fee simple, you are hereby notified that the City of Iowa City, Iowa, desires the condemnation of the leasehold interest in the above-described land held by S & G Materials, an Iowa general partnership, by an Assignment of Lease, dated January 1, 1989, wherein S & G Minerals Corp. , an Iowa corporation, assigned and transferred its right, title and interest, to S & G Materials, in and to a Lease-Sand Removal, dated July 29 , 1988- A copy of said Assignment of Lease and the Lease-Sand Removal are attached hereto and incorporated herein as Exhibit "B" . In connection with this condemnation proceeding, it is specifically provided as follows: 1 . The storage building, scale and scale house and the stockpiled sand located on the leased premises described in E-Thibit B are reserved to and shall remain the property of S & G Materials, an Iowa general partnership, subject to said improvements and stockpiled sand being removed from the condemned property by S & G Materials , an Towa general -8- partnership, at its expense, no later than October 31, 1995 . S & G Materials , an Iowa general partnership, shall be granted reasonable access to said property for the removal of said improvements and stockpiled sand. 2 . Farm tenant, Ivan Walker, shall be permitted to harvest the current crop grown this season on the leased farm land on the above described property, subject to said harvest being completed by December 31, 1994. Said tenant shall be allowed reasonable access to said leased property for said harvest. That th4 appropriation of the said interests in .said property is sought by condemnation proceedings by the City of Iowa City, Iowa, condemner, for a project known as the Iowa City Water Supply and Treatment Facilities Project. (See attached Application to the Chief Judge of the Sixth Judicial District. ) Said project, and the condemnation of property pursuant thereto, is being conducted under and by virtue of Chapters 6A and 6B of the Code of Iowa. A commission has been selected and appointed as by law provided for the purpose of appraising and awarding damages which will be caused by said appropriation and condemnation. You are further notified that said commissioners will on the P.61kkday of November, 1994, at 1=30 o'clock, &..m. , view said property and proceed to appraise said damages at 1C: OO o'clock, �.m. , at which time you may appear before said commissioners if you care to do so. After viewing said property, the commission will meet in the Sheriff's Office, 511 South Capitol Street, Iowa City, Iowa, for said appraisal of damages. THE CITY OF IOWA CITY, IOWA. a Municipal. Corporation CONDEMNER Zjicez-- •. SAW Linda Newman Woito City Attorney 919yiboI B) p€L___.- (Dav1dE' Brawn Q 1 :C Piave , lave & Brown d 8Z ��� 176 B . er Buiilding 120 Eas . 7ashington Street Iowa City, Iowa 52240 ( 319 ) -9606 END OF CASE FILE , TNE4OWA STATE BAR ASSOCIATION ISBAS 03619 William L.Meardon FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 301 Meardon, Sueppel,Downer&Hayes P.L.C. THIS FORM,CONSULT YOUR LAWYER 5TA?6 or y THE IOWA DISTRICT COURT ySnc,AT.. JOHNSON COUNTY WASHINGTON PARK, an Iowa LAW ❑ general partnership, and EQUITY ❑ No. 561L9 S & G MATERIALS, an Iowa general partnership Plaintiff(s), VS. `.o „L--- THE THE CITY OF IOWA CITY, • --'rc� IOWA, ORIGINAL NOTICE '= Defendant(X). `'c-) s (7 -n riiri r" _ C Zi rV -may TO THE ABOVE-NAMED DEFENDANTM): You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The name(X) and addressOM of the plaintiffWs') attorney(K) is00 William L. Meardon, Meardon, Sueppel, Downer & Hayes P.L.C. , 122 South Linn Street, Iowa City, Iowa 52240 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. EDWARD F. STEINBRECN (SEAL) (7-4T14/11 1(1144r 1-44101.../.14A-- 415;3 14.4A_ CLERK OF THE ABOVE COURT Johnson County Courthouse Iowa City , Iowa52240 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. C.c... P tJI G Ititf c/.) ©The Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE CALFS Release 3.0 6/94 Revised January, 1991 0 _ r - O Y 11 i _ ear 0 3 _y IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY mr WASHINGTON PARK, an Iowa ) • general partnership, and ) NO. 56!29 = r" S & G MATERIALS, an Iowa ) •.2 general partnership, ) _ _ Plaintiffs, ) CD , _ vs. ) ) PETITION FOR DECLA ATORY- THE CITY OF IOWA CITY, IOWA, ) JUDGMENT Defendant. ) Plaintiffs state: 1. Both Plaintiffs are Iowa general partnerships, and the City of Iowa City, Iowa, is a municipal corporation existing under the laws of the State of Iowa. 2 . Washington Park (Washington) is the fee titleholder of 227. 98 acres of land more or less, located in Section 33 , Township 80 North, Range 6 West of the 5th P.M. in Johnson County, Iowa, bounded by Interstate 80 on the south, the Iowa River on the west and north and North Dubuque Street (Old Highway 218) on the east. 3 . S & G Materials (S & G) presently operates a sand and gravel business on a tract owned by Washington under the terms and conditions of a written lease dated July 29, 1988, which expires July 31, 2003 . 4 . Defendant, the City of Iowa City, Iowa (City) , is involved in condemning fee title to the 227 . 98 acres owned by Washington and including the leasehold interest of S & G. The City has convened a Compensation Commission to appraise damages for all 2 parties having an interest in the tract of 227 . 98 acres on November 29, 1994 . (See Notice of Condemnation attached as Exhibit "A") . 5. In the application of the City for the appointment of a Compensation Commission, it is stated: "The purpose for which condemnation of these interests in land is sought is for the construction and emplacement, and for permanent operation, maintenance, protection, repair and replacement of improvements and facilities in connection with the Iowa City Water Supply and Treatment Facilities Project. " 6 . The City has the right of condemnation as conferred by Iowa Code §6A. 4 (6) which states: "Upon all cities for public purposes which are reasonable and necessary as an incident to the powers and duties conferred upon cities. " 7 . Plaintiffs object to and resist the proposed condemnation of the 227.98 acres of land owned by Washington and in which S & G has a leasehold interest and claim that such condemnatory proceedings are illegal for the following reasons: a. The acquisition by the City of the entire 227 . 98 acres is not necessary and is not reasonable under the circumstances and, therefore, beyond the powers granted to the City under State law. r O *CD O m CD CO o.. O na =r v' N rJ 4.0 s- 3 ('3 Co y. -71 b. The City has not properly appraised the interests of c: __. the Plaintiffs in the said 227 . 98 acres of land and no appropriate appraisal of the leasehold interest has been made. c. The City has related that such project is made necessary by federal law but has not complied with the provisions of Public Law 91-646 enacted by the United States Congress. d. The City can reasonably and necessarily accomplish its objectives by acquiring from the Plaintiff Washington not more than 60 acres excluding the leasehold. e. The action of City in instituting condemnatory proceedings as stated is arbitrary and unreasonable in that it is seeking to acquire extremely valuable land having a substantial potential for commercial and residential development and additionally having extensive high grade deposits of sand and gravel. The property is ideally located near highways with easy and convenient access. The taking of said property is in fact in part contrary to a public purpose and will substantially raise the cost of sand in the Iowa City area which is essential to building roads, structures and other facilities. 8. The issues raised by Plaintiffs are ripe for judicial determination. By reason of the foregoing, Plaintiffs ask that the Court enter a declaratory judgment holding that the action of the City in attempting to acquire the tract of 227 . 98 acres of land as above- 4 described is illegal under the circumstances, that such condemnation proceedings are void and that Plaintiffs be granted supplemental and general equitable relief. MEARDO , SUEPP DOWNER & HAYES P. L. C. BY • ;�_L C �, .AO"11. iamf� e. �:.n 000003619 122 South L ', NrStreet Iowa Ci y, owa 52240 Telephone: 319/338-9 . 22 ATTORNEYS FOR PLAINTI• FS w D r • co y.. 7.< N CO • Johnson County, Iowa Condemnation Form 5A In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, Iowa, for a ) NOTICE OF Project Located in Johnson County, ) CONDEMNATION Iowa, known as: The Iowa City ) Water Supply and Treatment ) Facilities Project; ) Washington Park Parcel . ) * * * * * * * * * * S To: Washington Park, an Iowa general partnership C/o Bruce R. Glasgow 834 North Johnson Street Iowa City, Iowa 52245 . S & G Materials, • an Iowa general partnership C/o Robert G. Barker Qo 2002 Dunlap Court o r Iowa City, Iowa 52240 :1.5c^ o 3> .; • Phil Mattheis L` co r* • 3337 Dubuque Streetrn Iowa City, Iowa 52240 C" N Molly Mattheis D 3337 Dubuque Street Iowa City, Iowa 52240 Ivan Walker 2790 Ireland Avenue, NW Oxford, Iowa 52322 Williams Brothers Pipeline Company, a Delaware corporation C/o Wilson Busby, 34-11 Williams Pipe Line Company (successor corporation by name change) PO Box 3448 Tulsa, Oklahoma 74101 Iowa City Broadcasting Company, Inc. C/o Steve Winkey, Registered Agent I-80 and North Dubuque Street Iowa City, Iowa 52240 EXHIBIT "A" -2- Iowa Electric Light & Power Company C/o David J. Hingtgen IES Utilities, Inc. IE Tower, 12th Floor 200 First Street, SE Cedar Rapids, Iowa 52406 Northwestern Bell Telephone Company, U.S. West Communications, Inc. , successor in interest C/q CT Corporation System Rolland E. Grefe, Registered Agent 2222 Grand Avenue Des Moines, Iowa 50312 State of Iowa C/o David A. Ferree, General Counsel Division Department of Transportation 800 Lincoln Way Ames, Iowa 50010 Johnson County, Iowa, o C/o Johnson County Auditor ter' County Administration Building c, co 913 South Dubuque Street Iowa City, Iowa 52240 7.<; , s U CD N Johnson County, Iowa, C/o Johnson County Treasurer N� County Administration Building 913 South Dubuque Street Iowa City, Iowa 52240 And to all other persons, companies or corporations having any interest in or owning any of the following-described real property; Commencing at the Southeast Corner of the Southeast Quarter of Section 33 , Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59 '29"W, a recorded bearing along the South line of said Section 33 , 1327 . 00 feet, to the Southeast Corner of the Southwest Quarter of said Southeast Quarter of Section 33; Thence N00°47 ' 57"E, along the East Line of said Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 33 , 100 . 15 feet, to its intersection with the Northerly Right-of-Way Line of Interstate Highway No. 80, and which point is the Point of Beginning; Thence 575 °04 ' 41"W, along said Northerly Right-of-Way Line, 39 . 32 LO -3- o �n o -7 feet, to an iron right-of-way rail found; Thence cA S82° 11 '39"W, along said Northerly Right-of-Way Line 30'0. 43 " feet, to an iron right-of-way rail found which is 40 . 0 feet, radially distant northwesterly of said Highscay • centerline at station 899+00; Thence N89°57 '52"W, :lalonc 'said Northerly right-of-way Line, 871. 31 feet, to an iron right- of-way rail found, which is 220 . 00 feet normally distant northerly of said Highway centerline at station 890+00; Thence S80°24 '27"W, 121.06 feet, to a point on the East line of the Southwest Quarter of said Section 33 , which is 200 .00 feet, normally distant northerly of said highway centerline; Thence S80°48 ' 18"W, along said northerly right-of-way line, 183 . 73 feet, to a point at its intersection with -the south line of said Section 33 , which is 170 . 00 feet normally distant northerly of interstate centerline station 887+00; Thence N89°59 '29"W, along said South Line of Section 33, which line is also the northerly right-of-way line of Interstate Highway No. 80, 1577. 87 feet, to its intersection with the Easterly Top of Bank of the Iowa River; Thence Meandering along said Easterly and Southerly Top of Bank the following courses: N11°34 '34"W, 512•.22 feet, to an iron pin set; Thence N10°25 ' 16"W, 495 .00 feet, to an iron pin set; Thence N09°06 '41"W, 715 .22 feet, to an iron pin set; Thence NO3°48 '00"W, 387 .54 feet, to an iron pin set; Thence NO3°48 '14"E, 335 . 82 feet, to an iron pin set; Thence N18°05 '07"E, 371.37 feet, to an iron pin set; Thence N35°33 '12"E, 269 . 10 feet, to an iron pin set; Thence N44°15 '59"E, 219 . 68 feet, to an iron pin set; Thence N52°45 '33"E, 182. 45 feet, to an iron pin set; Thence N56°45 '11"E, 184. 92 feet, to an iron pin set; Thence N66°36 '40"E, 187 . 99 feet, to an iron pin set; Thence S89°46 '47"E, 250 . 93 feet, to an iron pin set; Thence S73°09 '40"E, 329.27 feet, to an iron pin set; Thence S71°51 '07"E, 180 .42 feet, to an iron pin set; Thence S65°13 '40"E, 207 . 15 feet, to an iron pin set; Thence S61°43 '01"E, 211. 82 feet, to an iron pin set; Thence S67°54 '08"E, 394.85 feet, to an iron pin set; Thence S74°11 '04"E, 304.33 feet, to the Northwesterly Corner of the Parcel, conveyed by Warranty Deed recorded in Book 399, at page 348 , of the Records of the Johnson County Recorder's Office; Thence S14°40 '37"W, 104. 94 feet, to the Southwesterly corner of said Conveyed parcel; Thence S73°57 '48"E, 152. 65 feet along the southerly line of said conveyed parcel; Thence S45°44 '53"E, 38 . 00 feet to a point which is 78 . 00 feet normally distant Northwesterly of the Former Westerly Right-of-Way Line of U.S. Highway No. 218, now known as Dubuque Street, at the Southeasterly Corner of said Conveyed Parcel; Thence N14°40 '37"E along a line Parallel with said Westerly Right-of-Way Line, 123 . 00 feet, to its intersection with said Southerly Top of Bank of the Iowa River, at the Northeasterly Corner of said conveyed _ '.o -4- E c__ _ parcel; Thence S73°57 '48"E along said Top of Banka-_.. 46 .64% '' feet, to an iron pin set at its intersection with:--the -n Westerly Right-of-Way Line of North Dubuque Streer Northwesterly Corner of the parcel acquired by Co demrftiorr Proceedings in the name of Johnson County, Iowa, and r' recorded in Book 1097, at Page 52, of the records of tRe Johnson County Recorder's Office; Thence S08°02135"W, along said westerly right-of-way line, 81.58 feet; Thence N81°57 '25" w, along said westerly right-of-way line, 25 .32 feet; Thence S08°02 '35 'W, along said westerly right-of-way line, 20 .00 feet; Thence N88 °39 ' 10"E, along said westerly right-of-way line, 4.23 feet; Thence S49°31'28"L, along the southerly line of said condemnation parcel, 45 . 1f feet; Thence S81°57 '25"E, along said southerly line, 63.04 feet, to its southeasterly corner thereof, on the former centerline of said North Dubuque Street; Thence S08°02 '39"W, along said centerline, 72. 78 feet; Thence Southeasterly, 845 . 45 feet, along said centerline, on a 996. 44 foot radius curve, concave northeasterly, whose 820 .32 foot chord bears S16 °15 '46"E; Thence S40°34 ' 11"E, along said centerline, 155 . 57 feet; Thence Southeasterly, 132. 98 feet, along a 955 . 00 foot radius curve, concave northeasterly, whose 132. 88 foot chord bears S44°33 '33"E; Thence S49°54 '47"E, along said former centerline, 61. 90 feet, to its intersection with the East line of the west one-half, of said Southeast Quarter of Section 33; Thence S00°47 '57"W, along said East Line, 63 . 01 feet, to a point on the southerly Right-of-Way Line of said North Dubuque Street; Thence Southeasterly, 312. 00 feet, along said southerly Right-of-Way Line, on a 2342.00 foot radius curve, concave northeasterly, whose 311.77 foot chord bears S55°20 '15"E; Thence S59°09 ' 14"E, along said southerly right-of-way line, 109 .03 feet; Thence S53°26 '36"E, along said southerly right- of-way line, 4.58 feet, to the Northeast Corner of the Parcel, the Plat of Survey of which is recorded in Plat Book 11, at Page 26, of the records of the Johnson County Recorder's Office; Thence S03°21 '14"E, along the easterly line of said surveyed parcel, 23. 45 feet, to an iron pin found; Thence S40°44'44"E, along said easterly line, 123 .47 feet, to an iron pin found; Thence S03°15 '44"E, along said easterly line, 46 .82 feet, to an iron pin found; Thence S40°26 ' 16"W, along said easterly line, 254. 19 feet, to an iron pin found; Thence S05°42'36"W, along said easterly line, 138 .07 feet, to an iron pin found; Thence S65°31 '26"W, along said easterly line, 288 . 13 feet, to an iron pin found at the southwesterly corner of said surveyed parcel; Thence N88°59 '28"W, 9 . 36 feet, to a point on said East Line of the west one-half, of said Southeast Quarter of Section 33; Thence S00°47 '57"W, along said East Line, 537. 33 feet, to the Point of Beginning. Said tract of land contains 227 . 98 acres, more or less, and is subject to easements and 4.0 • -5- a z --Jr(*) cD I'.4 restrictions of record. oc You and each of you are hereby notified that the ity rtitf Iowa City, Iowa, desires the condemnation of certain ri:ghtsoin land, more specifically described as follows, and as shown `Sith reference to their location upon the lands affected on the plat, Exhibit A, attached hereto: The title in fee simple sought to be appropriated, for the use and benefit of the City of Iowa City, Iowa, is in land described as follows: Commencing at the Southeast Corner of the Southeast Quarter of Section 33 , Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59 '29"W, a recorded bearing along the South line of said Section 33 , 1327 . 00 feet, to the Southeast Corner of the Southwest Quarter of said Southeast Quarter of Section 33; Thence N00°47 '57"E, along the East Line of said Southwest Quarter of the Southeast Quarter of 'the Southeast Quarter of Section 33, 100 . 15 feet, to its intersection with the Northerly Right-of-Way Line of Interstate Highway No. 80, and which point is the Point of Beginning; Thence S75°04 '41"W, along said Northerly Right-of-Way Line, 39 .32 feet, to an iron right-of-way rail found; Thence S82°11 '39"W, along said Northerly Right-of-Way Line, 300 . 43 feet, to an iron right-of-way rail found which is 150 .00 feet, radially distant northwesterly of said Highway centerline at station 899+00; Thence N89°57 '52"W, along said Northerly right-of-way Line, 871. 31 feet, to an iron right- of-way rail found, which is 220. 00 feet normally distant northerly of said Highway centerline at station 890+00; Thence S80°24 '27"W, 121. 06 feet, to a point on the East line of the Southwest Quarter of said Section 33, which is 200.00 feet, normally distant northerly of said highway centerline; Thence S80°48 ' 18"W, along said northerly right-of-way line, 183 .73 feet, to a point at its intersection with the south line of said Section 33 , which is 170 . 00 feet normally distant northerly of interstate centerline station 887+00; Thence N89°59 '29"W, along said South Line of Section 33, which line is also the northerly right-of-way line of Interstate Highway No. 80, 1577 . 87 feet, to its intersection with the Easterly Top of Bank of the Iowa River; Thence Meandering along said Easterly and Southerly Top of Bank the following courses: N11°34'34"W, 512. 22 feet, to an iron pin set; Thence N10°25 ' 16"W, 495 . 00 feet, to an iron pin set; Thence N09°06 ' 41"W, 715 . 22 feet, to an iron pin set; Thence NO3°48 '00"W, 387 . 54 feet, to an iron pin set; Thence NO3°48 ' 14"E, 335 . 82 feet, to an iron pin set; Thence N18 °05 ' 07"E, 371 . 37 feet, to an iron pin set; Thence -6- N35 °33 ' 12"E, 269 . 10 feet, to an iron pin set; Thee N44°15 '59"E, 219 . 68 feet, to an iron pin set; Thence , N52°45 '33"E, 182. 45 feet, to an iron pin set; Thence. _ . N56°45 ' 11"E, 184. 92 feet, to an iron pin set; Thence OD 7,-- N66°36 '40"E, 187 . 99 feet, to an iron pin set; Thence --, S89°46 '47"E, 250 . 93 feet, to an iron pin set; Thea S73°09 '40"E, 329 .27 feet, to an iron pin set; There S71°51'07"E, 180 . 42 feet, to an iron pin set; Thence S65°13 '40"E, 207 . 15 feet, to an iron pin set; Thence S61°43 '01"E, 211. 82 feet, to an iron pin set; Thence S67°54'08"E, 394.85 feet, to an iron pin set; Thence S74°11'04"E, 304. 33 feet, to the Northwesterly Corner of the Parcel, 'conveyed by Warranty Deed recorded in Book 399, at page 348 , of the Records of the Johnson County Recorder's Office; Thence S14°40 '37"W, 104. 94 feet, to the Southwesterly corner of said Conveyed parcel; Thence S73°57 '48"E, 152. 65 feet along the southerly line of said conveyed parcel; Thence S45°44 '53"E, 38 .00 feet to a point which is 78 .00 feet normally distant Northwesterly of the Former Westerly Right-of-Way Line of. U.S. Highway No. 218, now known as Dubuque Street, at the Southeasterly Corner of said Conveyed Parcel; Thence N14°40 '37"E along a line Parallel with said Westerly Right-of-Way Line, 123 .00 feet, to its intersection with said Southerly Top of Bank of the Iowa River, at the Northeasterly Corner of said conveyed parcel; Thence S73°57 '48"E along said Top of Bank, 46 .75 feet, to an iron pin set at its intersection with the Westerly Right-of-Way Line of North Dubuque Street, at the Northwesterly Corner of the parcel acquired by Condemnation Proceedings in the name of Johnson County, Iowa, and recorded in Book 1097, at Page 52, of the records of the Johnson County Recorder's Office; Thence S08°02 '35"W, along said westerly right-of-way line, 81.58 feet; Thence N81°57 '25" W, along said westerly right-of-way line, 25 .32 feet; Thence S08°02 '35 'W, along said westerly right-of-way line, 20 . 00 feet; Thence N88°39 '10"E, along said westerly right-of-way line, 4.23 feet; Thence S49°31'28"E, along the southerly line of said condemnation parcel, 45 . 11 feet; Thence S81°57 '25"E, along said southerly line, 63 .04 feet, - to its southeasterly corner thereof, on the former centerline of said North Dubuque Street; Thence S08°02 '39"W, along said centerline, 72. 78 feet; Thence Southeasterly, 845 . 45 feet, along said centerline, on a 996 . 44 foot radius curve, concave northeasterly, whose 820 .32 foot chord bears S16°15 '46"E; Thence S40°34 ' 11"E, along said centerline, 155 . 57 feet; Thence Southeasterly, 132. 98 feet, along a 955 . 00 foot radius curve, concave northeasterly, whose 132 . 88 foot chord bears S44°33 ' 33"E; Thence S49°54 '47"E, along said former centerline, 61 . 90 feet, to its intersection with the East line of the west one-half, of said Southeast Quarter of Section 33 ; Thence S00°47 ' 57"W, -7- along said East Line, 63 . 01 feet, to a point on the = .I southerly Right-of-Way Line of said North Dubuque; -St t; Thence Southeasterly, 312. 00 feet, along said southerly Right-of-Way Line, on a 2342. 00 foot radius cur7i2r cafcave; northeasterly, whose 311. 77 foot chord bears S5320 ' 4"E; Thence S59°09 ' 14"E, along said southerly right-5 -wa line, 109 . 03 feet; Thence S53°26 '36"E, along said soufherlid right- of-way line, 4.58 feet, to the Northeast Corner of the Parcel, the Plat of Survey of which is recorded in Plat Book 11, at Page 26, of the records of the Johnson County Recorder's Office; Thence S03°21 ' 14"E, along the easterly line of said surveyed parcel, 23 . 45 feet, to an .iron pin found; 'Thence S40°44 '44"E, along said easterly line, 123 . 47 feet, to an iron pin found; Thence S03°15 '44"E, along said easterly line, 46 . 82 feet, to an iron pin found; Thence S40°26 ' 16"W, along said easterly line, 254. 19 feet, to an iron pin found; Thence S05°42 '36"W, along said easterly line, 138 . 07 feet, to an iron pin found; Thence S65°31'26"w, along said easterly line, 288 . 13 feet, to an iron pin found at the southwesterly corner of said. surveyed parcel; Thence N88°59 '28"W, 9 . 36 feet, to a point on said East Line of the west one-half, of said Southeast Quarter of Section 33; Thence S00°47 ' 57"W, along said East Line, 537.33 feet, to the Point of Beginning. Said tract of land contains 227. 98 acres, more or less, and is subject to easements and restrictions of record. As part of the condemnation of the above described land in fee simple, you are hereby notified that the City of Iowa City, Iowa, desires the condemnation of the leasehold interest in the above-described land held by S & G Materials, an Iowa general partnership, by an Assignment of Lease, dated January 1, 1989, wherein S & G Minerals Corp. , an Iowa corporation, assigned and transferred its right, title and interest, to S & G Materials, in and to a Lease-Sand Removal, dated July 29, 1988. A copy of said Assignment of Lease and the Lease-Sand Removal are attached hereto and incorporated herein as Exhibit "B" . In connection with this condemnation proceeding, it is specifically provided as follows: 1. The storage building, scale and scale house and the stockpiled sand located on the leased premises described in Exhibit B are reserved to and shall remain the property of S & G Materials, an Iowa general partnership, subject to said improvements and stockpiled sand being removed from the condemned property by S & G Materials, an Iowa general -8- partnership, at its expense', no later than October 31, 1995 . S & G Materials, an Iowa general partnership, shall be granted reasonable access to said property for the removal of said improvements and stockpiled sand. 2 . Farm tenant, Ivan Walker, shall be permitted to harvest the current crop grown this season on the leased farm land on the above described property, subject to said harvest being completed by December 31, 1994. Said tenant shall be allowed reasonable access to said leased property for said harvest. That th" appropriation of the said interests in said property is sought by condemnation proceedings by the City of Iowa City, Iowa, condemner, for a project known as the Iowa City Water Supply and Treatment Facilities Project. (See attached Application to the Chief Judge of the Sixth Judicial District. ) Said project, and the condemnation of property pursuant thereto, is being conducted under and by virtue of Chapters 6A and 6B of the Code of Iowa. A commission has been selected and appointed as by law provided for the purpose of appraising and awarding damages which will be caused by said appropriation and condemnation. You are further notified that said commissioners will on the li&day of November, 1994, at 11:,30 o'clock, A .m. , view said property and proceed to appraise said damages at 1d: OO o'clock, �.m. , at which time you may appear before said commissioners if you c1te tc Ldo so. After viewing said property, the commission will et i the Sheriff's Office, 511 South Capitol Street, Iowa City, 4 ow, ; for said appraisal of damages. q k, THE CITY OF IOWA CITY, IOWA a Municipal Corporation p CONDEMNER • / Z"//c(4--- B• W Linda Newman Woito City Attorney By. NA v Dav • Brawn .aye . , aye & Brown B - er :ui ding 120 Sas . ashington Street Iowa City, Iowa 52240 ( 319 ) 337-9606 END OF CASE FILE • FILED qqrr'' nnr�,' 1 r: 04 OCT 19 A 10 31 ORIGINAL NOIR' T AAAUll akais (Action for Money Judgment) EDWAC,3 F. ST Irt3RECU Form S.C. 213-1 • IN '1RHF� 'OWr4.DISTRICTCOURT CLERK CF DISTRICT GCVO ,Rvn�d ..a Jul,I. ,; ' IN Al tct�gRi.(bj� t�AJN COUNTY, IOWA JOIINSONH00#4Tx�RiU�(Ao1.Esw,=,N .oral'o . • r mal! 1 1..13ivision) ORIGINAL NOTICE • IA p Small Claim No. 3 Docket /,/ (� Page No. �7.3C, Q�ick115 /'�QU/ /o /170,-,es �i C . Ci 'by OT �Of.0Al Cr y . Plaintiff(s) ;. Saa'F6 Defendant( / 7 et •Sa.D:y0 a13o s. 49iuers,`dp Dr . -t=ot:..-e( 4. q Io & , (Ai AS i/1*LO ; CI: i.otde=1OF/ Address of said Plaintiff Address of said Defendant VS. Plaintiff Defendant Address of said Plaintiff Address of said Defendant TO THE ABOVE NAMED DEFENDANT(S): o . c YOU ARE HEREBY NOTIFIED that the plaintiff(s) demand(s) from you the amount of S /0 OO plus court costs. based on• %�}q�X�J(g,,J �ndzo r( Jam( (State brie thebasisbasis for th demand)JL=L �LZ�� --rni.i/-/1.t-d/ ttJ UNLESS YOU APPEAR by completing and filing the attached appearance and answer form with the clerk of the court at the Johnson County Courthouse.in Iowa City, Iowa 52244(zip code).within 20 days after service of this original notice upon you,judgment shall be rendered against you upon plaintiffs claim together with interest and court costs. • IF YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer within 20 days after . service of this original notice upon you, you will then receive notification from the clerk's office of the place.and time- signe• fnrheari•g./ Q9 / ,_ / re• s X16: rte ,. . i�it' qv-3o S , ✓�r'vef^sr`nc a + o � C( j Plain (s) (Attorney for Plaintiff(s) Address . - ig Plaintiff(s) Phone No. 3 '3 7-3 S y7 ziz JUDGMENT ENTRY IT IS HEREBY ORDERED THAT JUDGMENT BE ENTERED AGAINST THE Defendant(s) III iir Plaintiff(s) III in the amount of S with interest at the rate of % from the day of A.D., 19_ and Attorney Fees in the amount of • S plus court costs in the amount of S IT IS FURTHER ORDERED that the foregoing judgment be paid at the rate of S per (month) (week). Dated this day of , A.D., 19 NOTICE OF APPEAL given this day of , 19 SJ (Magistrate) (Clerk) (County) Bond on Appeal S (Magistrate) (County) PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause by depositing a copy thereof in the U.S. Mail.postage prepaid.in envelopes addressed to each of the attorneys of record herein at their respective addresses disclosed on the pleadings.on 19_ w PROOF OF MAILING , Clerk of District Court hereby certify that on the day of , A.D., 19 , I mailed a copy of this notice to at the address shown on original notice by certified mail, restricted delivery, return receipt requested. c‘.' Clerk of District Court 13— a- > By , Deputy County, Iowa —THE§§SATEQF IOWA r� :ter } ss. RETURN OF SERVICE OF ORIGINAL NOTICE CD County J The within notice received this day of , 19 , and I certify that I served the same on the defendants named below by delivering a copy thereof to each of said defendants personally at the time and place set opposite their respective names: . Name of Defendant Month Day Year City, Town County State or Twp. FEES: Service $ Copies $ Official Title - - _ Mileage $ Total $ ` THE STATE OF IOWA 1 ss. RETURN OF SERVICE OF ORIGINAL NOTICE County 1F The within notice received this day of , 19 , and I certify that on the day of , 19 ,I served the same on the defendant A. At his dwelling house or usual place of abode in city, town or township of in County, State of Iowa, by there delivering a copy thereof to a person residing therein who was then at least 18 years old. B. That such place was a rooming house,hotel,club or apartment building (1),and the person to whom the copy was delivered was (2). C. That the above named defendant is (Designate if a partnership.corporation or individual suable under a common name) by delivering a copy thereof to (3) of said defendant in the city, town or township of , in County, State of Iowa. Official Title D. ACCEPTED SERVICE: Due and legal service of the within notice and receipt of a copy of the same is hereby acknowledged on this day of , 19 at , Iowa. (II Strike out words that are not appropriate (2) Insert"a member of defendant's family'or the manager clerkproprietor or custodian of such place"that may state the facts. (3) Designate whether office.agent.general partner etcas may be appropriate under Rule 56 • • • Af�V��-Ct.<J..CLLLL<JLJ�Y-tYFJLC�C.<Y.txF.X_l Z_C<J-C CCCC�CCC' K .1_fyC.<_LCCCCLCt�<C_<�_C�J_V Y L.-L.<.Ce.L,CCCCCCCCCC!C� "CCYY��YY YY'AY:YYYY1�LYl1tY�C IaY_YY_YY-YY Y aYY-+CCtYYY(1 'L rY Ya.ICYWY-C� Y K APPEARANCE AND ANSWER OF DEFENDANT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY, IOWA Plaintiff(s) (Name) (Address) (Name) (Address) VS. APPEARANCE AND ANSWER Defendant(s) OF DEFENDANT (Name) Small Claim No Date Filed (Address) (Name) azi O (Address) et -s) Number: \�� to L72. \a � I HEREBY enter my appearance and deny the claim of plaintiff(s). .' Defendant By Attorney for Defendant ww BR011t c0Es OIfS Caw 2WA e e_ _ r C.tC*J_��L.CEJ_t�J_LV�LCL.L.iLLCt2.[.C1.CLC ti_CC�crt_cam-C-_CCCCCC.I.L•.-[- Lt."— CLCC2 C��LCCCCCC • • rife • IIIi' _ EDWARD F. STEINBRECH JOHNSON COUNTY CLERK OF DISTRICT COURT IF YOU WISH TO HAVE A HEARING BEFORE A MAGISTRATE ON THIS SMALL CLAIM TO ARGUE YOUR CASE , THEN FILL OUT THE ATTACHED APPEARANCE AND ANSWER OF DEFENDANT FORM AND RETURN IT TO OUR OFFICE WITHIN THE AMOUNT OF TIME INDICATED ON THE ATTACHED ORIGINAL NOTICE . OUR OFFICE IS LOCATED AT 417 SOUTH CLINTON STREET IN IOWA CITY , IOWA . IF YOU WISH TO MAIL YOUR APPEARANCE AND ANSWER FORM TO OUR OFFICE SO THAT WE RECEIVE IT WITHIN THE TIME INDICATED ON THE ORIGINAL NOTICE , OUR MAILING ADDRESS IS : SMALL CLAIMS CLERK P . O . BOX 2510 IOWA CITY IOWA 52244-2510 IF YOU WISH TO SETTLE THIS SMALL CLAIM , PLEASE CONTACT THE PLAINTIFF , OR THEIR ATTORNEY , AS SOON AS POSSIBLE SO THAT A SETTLEMENT CAN BE REACHED BEFORE THE TIME INDICATED ON THE ORIGINAL NOTICE AND THAT THE PLAINTIFF WILL FILE A DISMISSAL SHOWING THAT SETTLEMENT HAS BEEN REACHED . IF YOU HAVE ANY QUESTIONS PLEASE CALL OUR OFFICE AT : ( 319 ) 356-6065 BETWEEN THE HOURS OF 8AM AND 4 :30PM MONDAY THROUGH FRIDAY , EXCEPT HOLIDAYS . PLEASE NOTICE : We will notify you by ordinary mail of the date and time of the hearing . We will mail this notice to 2 'o you at the address you indicate for yourself on the Zr r Appearance and Answer of Defendant form . So please list a proper mailing address on this form. Also , Q' please list a phone number that you can be reached at during our office hours . o o 0 TAKE NOTICE AND GOVERN YOURSELF ACCORDINGLY , SMALL CLAIMS DEPARTMENT JOHNSON COUNTY , IOWA P.O. BOX 2510 / IOWA CITY, IOWA 52244 END OF CASE FILE 11 THE IOVVA STATE BAR ASSOCIATION ISBA#04610 FOR THE LEGAL EFFECT OF THE USE OF 14 Official Form No.301 THIS FORM,CONSULT YOUR LAWYER OT 7 THE IOWA DISTRICT COURT JOHNSON COUNTY ,;,.. LAW DAVID A. BAGUETS EQUITY ❑ No. 55055" Plaintiff(s), VS. CITY OF IOWA CITY 141 and STEVE ATKINS, ORIGINAL NOTICE Defendant(s). Ln O -c- *n* C .sem 1 >-: r— 3i -� --1(7) <r- - -7,,,1 _ TO THE ABOVE-NAMED DEFENDANT(S): rrt .'. f CD X7 CA? :'; You are hereby notified that there is now on file in the office of the clerk of the abovcourt a:petition ..---- in in the above-entitled action, a copy of which petition is attached hereto. The name(s) and address(es) of the plaintiff's(s') attorney(s) is (are) MARTIN A. DIAZ of the TOM RILEY LAW FIRM, P.C. 1210 HIGHWAY 6 WEST IOWA CITY IA 52246 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for JOHNSON County, at the courthouse in IOWA CITY , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. EDWARD E. STEINDE CI (SEAL) -4111 I • ��, � , i CLERK OF TH ABOVE COURT cbAJ €' JOHNSON County Courthouse IOWA CITY , Iowa 52240 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. ®The Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE CALFS Release 1.0 11/92 Revised January, 1991 r r IN THE DISTRICT dOURT' OF' IOWA IN AND FOR JOHNSON COUNTY 94 JUL 27 PM 3: 05 DAVID A. BACULIS CITY CLERK ) ~' IOWA CITY. IOWA ) _ �r Plaintiff ) ) 55955, `= - ) N �- V. ) PETITION AT LAW__: .- ) : - L_ CITY OF IOWA CITY ) and STEVE ATKINS, CD Defendants ) 41 COMES NOW the Plaintiff and for his cause of action states: 1. Plaintiff David A. Baculis is a resident of Iowa City, Johnson County, Iowa, and operates Baculis Mobile Home Park and Baculis Mobile Home Sales and Service in Iowa City. 2 . Defendant City of Iowa City is a municipality organized and existing under the laws of the State of Iowa. 3 . Defendant Steve Atkins is a resident of Iowa City, Johnson County, Iowa, and is the City Manager for the City of Iowa City. 4 . On or about April 25, 1994 , Defendant Atkins made false statements to members of the media about Plaintiff, accusing him of having stolen sewer services from the City of Iowa City, and having defrauded his customers. 5. The statements made by Defendant Atkins to the media would reasonably be understood to be expressions which would attack the integrity or moral character of Plaintiff, which would expose him to public hatred, contempt, or ridicule, or which would injure him in the maintenance of his business. 6. The statements made by Defendant Atkins were made with the knowledge that they were false or with reckless disregard for their accuracy. 7 . Prior to the statements made by Defendant Atkins, Defendant City of Iowa City and Defendant Atkins had information and documentation provided by Plaintiff which proved that he had neither stolen sewer services nor defrauded his customers. 8 . Subsequent to the statements made by Defendant Atkins, the City of Iowa City conducted an investigation through the City • Attorney's office, which concluded "It is not reasonable to conclua.1 that [David] Baculis was trying to conceal the fact that the Baculis Park was receiving sanitary sewer services. " 9. That investigation also concluded " [R]ather, records in the City Clerk's office show that [the] City knew, or had reason to know . . . that Baculis Park was indeed receiving City sanitary sewer services since 1972 or 1973 . " 10. Despite the existence of information which disproved an unsubstantiated claim that David Baculis had stolen sewer services, and despite the fact that this information had been specifically brought to the attention of City of Iowa City officials, including the City Attorney's office, Defendant Atkins made public statements which defamed Plaintiff, knowing they would appear in the print or broadcast media. Lip 11. As a proximate result of the publication of t8 CD F- defamatory statements made by Defendant Atkins, Plainti?-ha F suffered damages which naturally and necessarily flowed -om4he-t/ o til defamatory statements, as well as damage to his reputation and to his business. 12 . The conduct of Defendant Atkins demonstrated willfur and wanton disregard for the rights of Plaintiff and warrants imposition of punitive damages so as to deter this Defendant and others similarly situated from like conduct in the future. 13 . The damages sustained by Plaintiff exceed the jurisdictional limits of Rule 3 of the Iowa Rules of Appellate Procedure. WHEREFORE, Plaintiff prays for judgment against Defendants in an amount to fairly compensate him for his damages and against Defendant Atkins for punitive damages and for interest and costs as provided by law. Respectfully submitted, TOM RILEY LAW FIRM P.C. MARTIN A. DIA 12 0 Highway 6 West Iowa City IA 52246 (319) 351-4996 ATTORNEYS FOR PLAINTIFF ..o C) - r- w • p 1 .,� 7oO C.J v � IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY Kms. DAVID A. BACULIS ) Plaintiff ) v. ) JURY DEMAND CITY OF IOWA CITY ) and STEVE ATKINS, ) Defendants ) COMES NOW the Plaintiff and demands a jury trial in the above case. Respectfully submitted, TOM RILEY LAW FIRM P. C. MA TIN A. DIA 1210 Highway 6 West Iowa City IA 52246 (319) 351-4996 ATTORNEYS FOR PLAINTIFF VMOI 4A110 WMOI - M313 X1110 SO :C Idd LZ lir h6 �, END OF CASE FILE T 4E•IC`WA STATE BAR ASSOCIATION JAMES H. MARTINEK,ATTORNEY AT LAWFOR THE LEGAL EFFECT OF THE USE OF Official Form No.301 03462 NEELY AND MARTINEK THIS FORM,CONSULT YOUR LAWYER If— stArf a 1.0 THE IOWA DISTRICT COURT, ys or D 9�C7A, G7 u it JOHNSON COUNTY —t co r>srm' O:L Tit,' N BACULIS MOBILE HOMES, LAW 0 � INC. and "941DAVID A. BACULIS EQUITY ® No. Plaintiff(s), VS. CITY OF IOWA CITY ORIGINAL NOTICE Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The name(s) and address(es) of ! the plaintiff's(s') attorney(s) is (are) James H. Martinek, 510 Iowa State Bank Bldg, Iowa City, Iowa 52240 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. EDWARD F. STEINBRECH (SEAL) aaltball0\( ClQ1Ljr11-.) CLERK OF THE AB VE COT Johnson County Courthouse Iowa City , Iowa 52240 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. The Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE GALES Release 1.0 11/92 Revised January, 1991 j IN THE DISTRICT COURT OF IOWA IN 9SISPciR APIACill COUNTY CITY CLERK IOWA CITY, IOWA BACULIS MOBILE HOMES, INC. and DAVID A. BACULIS SR. Plaintiffs x _ PETITION IN EQUITY z �� VS. • Ix" nc CITY OF IOWA CITY =`=•R v C Defendant. 5 g7-1 COMES NOW THE PLAINTIFFS and for cause of action against the Defendant states as follows: COMMON ALLEGATIONS 1. For the purposes of this Petition, Plaintiff, Baculis Mobile Homes, Inc. is an Iowa Corporation having its principal place of business in Iowa City, Johnson County, Iowa. Plaintiff owns and operates Baculis Mobile Home Park in Iowa City, Iowa leasing spaces to mobile home owners on a monthly basis. Plaintiff, David A. Baculis Sr. for all times material hereto was a resident of Johnson County, Iowa. 2. The City of Iowa City is a municipal corporation located in Johnson County, Iowa. 3. In 1972 the defendant built the south Riverside Drive Sanitary Sewer and Lift Station Expansion Project. In order to accommodate the project the Plaintiffs granted a sanitary sewer easement to the defendant. 4. Shortly after the sanitary sewer line was installed the Plaintiffs were connected to the system and began to utilize the sanitary sewer facilities. 5. The Defendant had actual and constructive knowledge that the Plaintiffs was connected to and utilizing the sanitary sewer facilities referred to above. Through Defendants error the Plaintiffs were not billed for sanitary sewer services it had received since 1972. An internal investigation performed by the Defendant indicated "it is not reasonable to conclude that Baculis was trying to conceal the fact that Baculis Mobile Home Park was receiving sanitary sewer services. Rather, records in the City Clerk's Office show that the City knew or had reason to know as a single governmental entity, that Baculis Mobile Home Park was indeed receiving City sanitary sewer services since 1972 or 1973." 6. The Defendant eventually discovered its error in billing, notified the Plaintiffs and as of October 28, 1992 has been submitting to Plaintiffs for regular payment bills for Plaintiffs use of the sanitary sewer service. Plaintiffs are current on all billings after said date. 7. Defendant in addition to failing to bill for the Baculis Mobile Home Park, also failed to bill sanitary sewer service for a rental property of Plaintiff, David A. Baculis Sr. 8. The Defendant checked its records in an attempt to determine what it should have billed for use of the sanitary sewer system. The Defendants records extend only to 1981. From June 1, 1981 through October 28, 1992 the Defendant calculated that the Plaintiffs owed $114, 219.78 for the mobile home park and $3,309.84 for his rental property. Attached hereto, marked as Exhibits A and B respectively, and by this reference made a part hereof are copies of the bills submitted to the Plaintiffs for the sanitary sewer service as calculated by the Defendant. 9. The Defendant has a policy concerning how users who have not been properly charged for utility services will be billed for those services after discovery of the error. Attached hereto, marked as Exhibit C and by this reference made a part hereof is a copy of a letter from Tamra J. Budreau, Customer Services Representative wherein it is stated, "There has been a change in the City's adjustment policy. The policy previously stated that the customer would be billed for the total usage undercharged over the past five years. Currently, the policy states that the customer will be billed for one-half of the total amount undercharged for the adjustment period". The Plaintiffs is creditably informed that this policy has been effect since prior to the time of the discovery of the error with Plaintiffs sanitary sewer bill and has been consistently followed with the exception of the Plaintiffs situation. 10. Plaintiffs were not offered the benefit of the standard policy. Defendants representative calculated the amount due without regard to the five year limitation and 50% reduction and demanded payment for $117,529.62 as set forth in Exhibits A and B attached hereto. Plaintiffs were never offered the payment option set forth in the attached Exhibit C as made available to other citizens of the City of Iowa City. 11. The Defendant has, instead, threatened to impose a lien constituting a cloud on Plaintiffs title for the property constituting the parcel known as the Baculis Mobile Home Park and a rental property belonging to the Plaintiff, David Baculis Sr. The Defendant has threatened to avail itself of the provisions of Chapter 384.84 of the 1993 Code of Iowa and secure a lien as provided therein so that amounts in excess of those allowed by the City standard Blicy � be collected against the property of the Plaintiffs in the same manner as property taxes. Dy =t c-) co r c o N 4 2 12. The Plaintiffs would suffer irreparable harm if the Defendants were allowed to take action by means of a Resolution whereby a lien would be placed on the real estate of the Plaintiffs to secure payment of amounts which are not actually due to Defendant. COUNT I- Declaratory Judgment - Statute of Limitations 13. The Plaintiffs re-allege the allegations in paragraphs 1 through 12 as if set out verbatim herein. 14. By attaching the Plaintiffs private sewer services to the Defendants main sewer line the Plaintiffs utilized services furnished by the Defendant. The Defendant did not intend for the Plaintiffs to receive these services without charge. However, no agreement as to the use of these services or the charges therefore or any express agreement in connection therewith was ever discussed or executed between these parties. 15. No account for the payment of these services was ever established and, until October of 1992 no payment was ever received by the Defendant from the Plaintiffs for the utilization of the sewer line serving the Plaintiffs properties. 16. The Plaintiffs allege that the proper construction of the relationship of the parties as to the use of the sewer line is in the nature of a contract implied in law. As such the Provisions of Iowa Code 614.1(4) apply and the Defendant is bound to a five year statute of limitation which would be calculated backwards from the date of the filing of this petition in equity or the date the Defendant certifies the amount set forth on the attached Exhibits A and B to the County Treasurer for collection as property taxes, which ever date is later. 17. There is an actual controversy as to the nature of the contractual relationship between the Plaintiffs and the Defendant for the use of the sanitary sewer system and the applicable statute of limitation to be applied thereto which can be set at rest by declaratory judgment. WHEREFORE, Plaintiffs pray the Court to declare and construe the nature of the contractual relationship between the parties together with the applicable statute of limitations and date said statute of limitations was tolled. Plaintiffs also pray for any other relief that the Court might find just or equitable in the premises together with the cost of this action. � r C-) co "as Q�J 3 COUNT II Declaratory Judgment - Violation of Established Policy 18. Plaintiffs re-allege the allegation contained in paragraphs 1 through 17 as if set out verbatim herein. 19. The Defendant established a policy, set it forth in writing, and followed said policy on all occasions where applicable except as applied to the Plaintiffs. 20. The policy regarding the utility billing for the City of Iowa City is set forth on the attached Exhibit C. The Plaintiffs have requested the Defendants to follow their written policy with regard to this situation but the Defendants have refused. 21. The Defendant's construction and application of their stated policy is unreasonable and as applied to these Plaintiffs is arbitrary and capricious. 22. There is an actual controversy as to the meaning and construction of the Defendant's policy as set forth on the attached Exhibit C together with whether or not said policy should be applied to the Plaintiffs situation as set forth above. This actual controversy can be set to rest by declaratory judgment. WHEREFORE, Plaintiffs pray that the Court (1) to declare that the policy statement set forth in the attached Exhibit C is in fact the policy of the City of Iowa City with regard to utility billing issues applicable under its terms; (2) apply said policy to the Plaintiffs situation as set forth above and determine the amount due and owing Plaintiffs to the Defendant under said policy and in conjunction with other relief requested in this Petition in Equity; (3) Plaintiffs also pray for any other relief that the Court might find just or equitable in the premises together with the cost of this action. COUNT III- Mandamus C> 23. Plaintiffs re-allege the allegations of paragraphs 1 through 22 as Oet of fullji" verbatim herein. 24 Defendant is a municipal corporation which is required by law td�...¢arryt it§:. lawfully stated and enacted policies, rules, regulations, motions, resolutions and or.r'i ce -J 25. The Defendant has refused to carry out the policy as set forth in the attached Exhibit C with regard to the Plaintiffs utility bills. 26. By reason of such refusal, Plaintiffs have sustained damage and may sustain damage in the future. 4 • F E r) 144018 PH 2: 17 27. Plaintiffs have no plain, speeding and adequate remedy at law. CITY CLERK IOhA CITY, IOWA WHEREFORE, Plaintiffs pray that the Court issue a Writ of Mandamus commanding the Defendant to forthwith apply the established policy with regard to utility billing policy as set forth in the attached Exhibit C to the utility bills attached to this petition in Exhibits A and B. Plaintiffs also pray for any other relief that the court might find just or equitable in the premises together with the cost of this action. COUNT IV- Denial of Equal Protection 28. The Plaintiffs re-allege the allegations of 1 through 27 as if set out fully verbatim herein. 29. The Defendant, a municipal corporation, has established a policy for compromising utility bills as set forth in the attached Exhibit C. 30. The Defendant does not apply said policy equally to all customers who are similarly situated. As such, the policy as set forth in the attached Exhibit C is unconstitutional as applied to these Plaintiffs. 31. The Plaintiffs right to equal protection of the laws under the Constitution of the United States of America and the Constitution of the State of Iowa has been violated by the Defendants application of its utility billing policy as set forth above. WHEREFORE, the Plaintiffs pray that the actions of the Defendant in refusing the Plaintiffs benefits conferred to others under the utility billing policy referred to above be declared unconstitutional and unlawful. Plaintiffs further pray that this Court enter an Order commanding and directing the Defendant to apply said policy to the Plaintiffs, award such other and further relief as may be just and equitable in the premises and award Plaintiffs the cost of this action. COUNT V- Application for Writ of Temporary and Permanent Injunction 32. The Plaintiffs re-allege the allegations of 1 through 31 as if set out fully verbatim herein. 33. The Defendants demand of $117,528.62 from the Plaintiffs as set forth on the attached Exhibit A and B is unlawful in that it exceeds the maximum amount which can be extracted from the Plaintiffs because of the stated policy of the Defendant together with the application of the statute of limitations contained in Chapter 614 of the 1993 Code of Iowa. 5 34. The Defendants have threatened to avail themselves of the lien afforded them under Iowa Code 384.84 of the 1993 Code of Iowa by certifying amounts the Defendant claims due to the Johnson County Treasurer for collection in the same manner as property tax. 35. Certification to the Johnson County Treasurer would result in a lien or cloud on title to Plaintiffs property and would be unlawful in that amounts secured thereby are uncollectable by said Defendant and not owing to said Defendant as more fully set forth above. 36. The acts thus threatened by the Defendant in causing a lien to be placed on the Plaintiffs real estate will work irreparable injury to the Plaintiffs and their property, for which they have no adequate remedy at law. 37. This Petition has not been presented to or refused by any Judge or Justice. WHEREFORE, Plaintiffs pray for a permanent injunction restraining the Defendant from certifying amounts for collection pursuant to Iowa Code 384.84 to the Johnson County Treasurer and thereby causing a lien to be placed on Plaintiffs real estate for amounts in excess of those actually due and owing to the Defendant. Plaintiffs further pray that the Court immediately fix a time and place for hearing upon a temporary injunction and prescribe the notice therefore and on such hearing enjoin any certification to the Johnson County Treasurer regarding these Plaintiffs pursuant to Iowa Code 384.84 until the matters and issues set forth in this Petition in Equity have been fully adjudicated and decided. Plaintiffs further pray for such other relief as may be equitable and for judgment for cost. COUNT VI- Violation of Open Meetings Law 38. Plaintiffs re-allege the allegations contained in paragraphs 1 through 37 as if set out fully verbatim herein. 39. The Defendant is a governmental body subject to the restrictions regarding open meetings as set forth in Chapter 21 in the 1993 Code of Iowa. 40. On or about February 1, 1994 the City Council of the City of Iowa City went into Executive Session "to discuss matters that are presently in litigation or where litigation is eminent where disclosure would be likely to prejudice or disadvantage the possession of the governmental body in that litigation". In said session, the issues regarding the Plaintiffs sewer bills as set out more fully above were discussed. At that time there was no litigation pending in any court and no such litigation was eminent. `;10c4:+ 10 WO01 / al L 1 :z kid $I OnV tis 6 • 41. The actions of the Defendant in discussing the Plaintiffs issues in executive session as set forth above were in violation of Chapter 21 of the 1993 Code of Iowa. WHEREFORE, Plaintiffs pray for an Order pursuant to Iowa Code 21.6(3)(e) prohibiting the members of the Defendant from any future violations of this Chapter for a period of one year. The Plaintiffs further pray for an Order awarding said Plaintiffs all costs and reasonable attorney fees for establishing a violation of this chapter. R= pectful i, s = 'tted, J S H. MARTINEK 03462 510 Iowa State Bank Building Iowa City, IA 52240 (319) 338-9453 STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) I, David A. Baculis Sr., having been first duly sworn, upon my oath depose and state that I am the Plaintiff in the above entitled action; that I have read the statement and allegations coined in the foregoing petition and that they are true and correct as I verily believe. DAVID A. BAC IS SR. S • •gibed and swor o before me by David A. Baculis Sr., this / 7 day of August, 199'. cp 'O ye �.`c+ �SS No . ; Public C' ID vmol ot gto '�r w1-1 v L1 .Ella8190tlh6 1 7 LOCATED AT: REMIT TO: .'> •. CIVIC CENTER CITY OF IOWA CITY i 11) EAST WASHINGTON ST. PAYMENT PROCESSING CENTER • IOWA CITY, IOWA 52240 EXHIBIT A P.O. BOX 3013 PIIONE (319) 356-5066 CEDAR RAPIDS, IA 52406.9115 k;n .IcII)uttt No. Date Doe .Ifaount line - • 201 435 00 20-MAY-93 114,219. 78 BACULIS MOBILE HOME PARK CITY OF IOWA CITY 2130 S RIVERSIDE DR $ • IOWA CITY IA 52246 5825 AMOUNT PAID 2 0201435005 0000 11421978 000000000 1 V DETACH HERE ♦ PLEASE RETURN THIS PORTION WITH YOUR PAYMENT BILLING DATE 05-MAY-93 CITY OF IOWA CITY tiiur Account No. Name Service Address 201 435 00 BACULIS MOBILE HOME PARK 2126 S RIVERSIDE DR Service From Service To Pn•icnf .UrttrNe.Udtok Pers' MC Daft' Total Dur 01-JUN-81 28-OCT-92 13,474 ,09- 0 20-MAY-93 1114,219 . 78 Usage Billed: 13,474,099 Cubic Feet • (tent Description :Imotmt SUMMARY OF CURRENT CHARGES Sewer 114,219. 78 Total 114,219. 78 UD Z— M i> C") —ice r rl EXHIBIT A-1 MAKE CHECKS PAYABLE TO "CITY OF IOWA CITY". PLEASE INCLUDE ACCOUNT NUMBER ON CHECKS KEEP TIIIS PORTION FOR YOL R RECORDS. SEE REVERSE SIDE FOR IMPORTANT INFORAIATION. .LOCATED AT: REMIT TO: ct\IC CENTER EXAIBIT S CITY OF IOWA CITY i 10 EAST WASHINGTON S'1'. PAYMENT PROCESSING CENTER IOWA CITY. IOWA 522•00 P.O. BOX 3013 P11ONE (319) 356-5066 CEDAR RAPIDS, IA 52406-9115 .lccuuut.Yo. auu►unt Due 3 057 140 01 120-MAY-93 3,309. 84 BACULIS, DAVE CITY OF IOWA CITY 2120 S RIVERSIDE . DR IOWA CITY IA 52246 5825 $ AMOUNT PAID 2 0057140015 0000 00330984 000000000 1 V DETACH HERE V PLEASE RETURN THIS PORTION WITH YOUR PAYMENT BILLING DATE 05-MAY-93 CITY OF IOWA CITY Your Account No. Nance Service Address 057 140 01 BACULIS, DAVE 2120 S RIVERSIDE DR • Service Fr Service To Irrrt r Hr.nh 1)ue Rafe Total flue 01-MAY-81 28-OCT-92 299,500 0 20-MAY-93 3,309. 84 Usage Billed: 299,500 Cubic Feet Item Description Amount SUMMARY OF CURRENT CHARGES Sewer 3,309. 84 Total 3,309. 84 4- CZ) r ti` lMl• 0 CD • EXHIBIT A-2 MAKE CHECKS PAYABLE TO "CITY OF IOWA CITY". PLEASE INCLUDE ACCOUNT NUMBER ON CHECK KEEP THIS PORTION FOR YOUR RECORDS. SEE REVERSE SIDE FOR IMPORTANT INFOR IATION. • EXHIBIT C x14 337 - .59y3 (1iJ 1-d7-9 2' 1-t d -4 t /11+( fti4,....•A ) December 13, 1991 Opal Allen 623 E. Jefferson St. Iowa city, Iowa 52245-2430 Rei Account #044-050-07 Address- 629 E Jefferson St Dear Opal: This letter is regarding the property listed above, There has been a change in the city's adjustment policy. The policy previously stated that the customer would be billed for the total usage undercharged Over the past five years. Currently, the policy slates that the customer will be billed for one-half of the total amount undercharged for the adjustment period. on the 20th of November, 199i I sent you a bill for 619.00 for a refuse adjustment: since the policy was changed after that bill was sent out you are responsible for only on-half of that amount, Or $309.50. • Again, it you would like to make some payment arrangements feel free to contact me at any time. You may reach me at 356-5064. ;.• • Thank you! ' Sincerely, • 61,1401 Tamra J. Budteau • 3› _ - TTS o ? yr �: ........._..�.3-. END OF CASE FILE r ` IN THE IOWA DISTRICT COURT, IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, IOWA, ) a municipal corporation, ) NO. 56192 Plaintiff, ) NOTICE OF APPEAL �'• JAMES PATRICK GLASGOW, ) et al . , ) 's #• Defendants. ) r, TO: CITY OF IOWA CITY, IOWA; HILLS BANK AND TRUST COMPANY; JOHNSON COUNTY, IOWA; AND ROBERT CARPENTER, SHERIFF OF JOHNSON COUNTY, IOWA YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the under- signed, James Patrick Glasgow, by and through his attorneys, does hereby appeal to the District Court of Iowa, in and for Johnson County, from the appraisal and award of damages made on the 29th day of November, 1994 , by the Compensation Commission, as shown by the Report of Compensation Commission, a copy of which is at- tached hereto as Exhibit "A" . YOU ARE FURTHER NOTIFIED that a Petition will be filed within twenty (20) days from the date of this Notice in the Of- fice of the Clerk of the Johnson County District Court of Iowa, and that said cause will be heard and disposed of as provided by law. Q DATED this 2_2 .. day of December, 1994 . ry Q cz CO ,s. I�Gc2ute� I�(13 16 36A►+. 2 / BARKER, CRUISE, KENNEDY & HOUGHTON Teresa R. Wagne 4130 BY: J49a- oh" D. Cruise 000001083 920 S. Dubuque Street P.O. Box 2000 (/Eowa City, IA 52244 (319) 351-8181 Attorneys for Defendant/ Cross Petitioner Q:\jc\jc1\21b2729 .1tg a o Vic . rn - 1. r ori n • • Johnson County, Iowa Condemnation Form 7 In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, 'Iowa, for a ) Project Located in Johnson County, ) OF REPORTRS OF ION Iowa, Known as: The Iowa City ) COMMISSION r Water Supply and Treatment ) o v C-7, rn Facilities Project; ) ) C_- n -71 James Glasgow Parcel t-,-.: ' TO: Robert Carpenter, Sheriff of Johnson County, Iowa 7 J We, the undersigned, being duly appointed and qualified commissioners appointed to assess the damages sustained by the owners, lienholders, encumbrancers and other persons interested in the appropriation of certain specified rights as set forth and described in the Notice of Condemnation filed in the above- entitled matter respectfully report as follows : That we proceeded to view the respective premises at the time or times fixed in the notice to persons interested therein and do hereby assess willand sustainse bythe reasondamages thwhich appropriation as respective persons follows: Condemnees' Land & Consequentialotald and Costs Fees Improvements Damages lr Y / �l�d�r1' $ .c,2 ,/ (17.- $ �i C7i $ r) $ � $ $ $ $ i $ $ $ $ $ $ $ $ $ $ $ $ $ $ $----- $ • EXHIBIT "A" / . .. • . , . . l • w / ' _2_ Respectfully reported at Iowa City, Iowa, this ;2C7day of . L Z , 1994 . e:019 // ,L_ 49v (1,CAl-... -. ..1- ---410 46/ Z-'•" • , , . .7 i. t. v L . id` / f undersigned / U Sheriff of Johnson (Cou ty, Iowa, d I , the hereby endorse and certify to this the Report of Compensation Commission, and I do hereby toreach : claimantcertify tand that abheeclaim amounts are legally payable has not been received. is correct and just and that payment • Filed in my office at Iowa City, Iowa, this Al day of • f II 0 , 1994 . . ,113,0t Cgo ,,.-4,;IN4,ek.".... ROBERT CARPENTER Iowa Sheriff of Johnson County, s..0 c: v a pi>` g f C.) N �... • ti 13 CD 23 . .._ CO •• •.J . tri IN THE IOWA DISTRICT COURT, IN AND FOR JOHNSON COMITY CITY OF IOWA CITY, IOWA, ) a municipal corporation, ) NO. 56192 ) Plaintiff, ) CONDEMNEE 'S PETITION AT LAW ON vs. ) A CONDEMNATION APPEAL JAMES PATRICK GLASGOW, ) et al . , ) Defendants. ) * * * * * COMES NOW, the Plaintiff, James Patrick Glasgow, by and through his attorneys, and for his cause of action on appeal against the Plaintiff, City of Iowa City, hereinafter states as follows: 1 . That James P. Glasgow is the owner in fee simple of real estate located in Johnson County, Iowa, legally described as follows: Commencing at the Southeast Corner of the Southeast Quarter of Section 33 , Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59 ' 29"W, a recorded bearing along the South Line of said Section 33 , 2651.39 feet, to the Southwest Corner of said Southeast Quarter of Section 33 ; Thence N01°07 '29"W, along the West Line of the East One-Half of Section 33 , 3094.32 feet, to its intersection with the Southerly Top of Bank of the Iowa River; Thence S61°43 ' 01"E, along said Top of Bank, 1.82 feet, to an Iron Pin Set; Thence S67°°54 ' 08"E, 394 .85 feet, to an iron pin set; Thence S74 11' 04"E, along said Top of Bank, 304 . 33 feet, to the Northwesterly Corner of the Parcel , conveyed by Warranty Deed, recorded in Book 399 , at Page 348, of the Records of the Johnson County Recorder' s Office, which point is the POINT OF BEGIN- NING; Thence S74e11 ' 04"E, along said Top of Bank, 23 . 52 feet, to an iron pin set; Thence S73°57 ' 48"E, along said Top of Bank, 162 . 19 feet, to the Northeasterly Corner of said conveyed parcel, which is 78 . 00 feet normally distant northwesterly of the Former Westerly Right-of-Way Line of U. S . Highway No. 218 , now known as 2 Dubuque Street; Thence S14040 ' 37""W, along a line paral- lel with said Westerly Right-of-Way Line, 123 .00 feet, to the Southeasterly Corner of said conveyed parcel; Thence N45 44153"W, along the southwesterly line of said conveyed parcel, 38. 00 feet; Thence N73 57 ' 48"W, 152 . 65 feet, to the Southwesterly Corner of said Con- veyed Parcel; Thence N14 40137,1E, 104 .94 feet, to the Point of Beginning. Said parcel of land contains 0 . 45 acres, more or less, and is subject to easements and restrictions of record. 2 . That about November 16, 1994 , the Plaintiff, City of Iowa City, Iowa, as by law provided, instituted condemnation pro- ceedings to appropriate and take all of the real estate owned by this Defendant and described in paragraph 1 hereof, said tract of 0 . 45 acres more or less to be used by it for a project known as the Iowa City Water Supply and Treatment Facilities Project and caused Notice thereof and a hearing to be had by a Commission ap- pointed for the purpose of appraising, fixing and awarding the damages to be awarded and paid to this Defendant, to be served upon him, which documents are on file herein and by reference made a part hereof. 3 . That the Defendant objected to Condemnation on the grounds that the Compensation Commission did not have jurisdic- tion to enter any award as the proceedings instituted by the Plaintiff, City of Iowa City, Iowa, for this condemnations are illegal as more particularly described and set for in the litiga- tion currently pending in the Iowa District Court for Johnson County, Equity No . 55895 , and that the Defendant participates in the Compensation Commission hearings and appeal subject to theme cri claim that these proceedings are illegal and without wai ig5 uch. , claim. c,- c.n rr . N dry c, N, 3 4 , That on or about November 29 , 1994 , the said Commission met and, acting in the premises, made an appraisal award of $240, 000. 00 in damages to this Defendant and filed the same on the 29th day of November, 1994 with Robert Carpenter, Sheriff of Johnson County, Iowa. 4 . This Defendant, in the manner and form required by law, duly appealed from said appraisal and award to District Court of Iowa, in and for Johnson County, serving the required Notice of Appeal therefrom upon all necessary and statutory parties, the said Notice of Appeal with return of such service attached being filed herein and by reference made a part of this Petition. 5. That the real estate owned by this Defendant and de- scribed in paragraph 1 hereof, prior to said condemnation and now is being used by the Defendant for his residence and business and has been so used for more than twenty years and has become and is a valuable tract for said purposes and was and is of the market value in excess of $516, 600. 00 and by reason of the condemnation and taking, Defendant will be damaged in said sum. 6 . That Defendant asks that this appeal be tried to a jury as provided by law. WHEREFORE, Defendant has and does hereby appeal from the ap- praisal and award by said Commission and asks that his damages be ascertained and fixed in the sum of $516, 600 . 00 , together with legal interest, all as provided by law, for attorneys fees ancj a C- costs as provided by Iowa Code Section 6B. 33 , and that he-- Iave-yan ' adjudication accordingly and for such proper judgment as :May 6t -101,1 rendered in the premises . c.).-- 53 .`3 cD IN) 4 BARKER, CRUISE, KENNEDY & HOUGHTON BY: Teresa R. Wagne 01, 30 BY: • • n D. Cruise 000001083 ,520 S. Dubuque Street P.O. Box 2000 Iowa City, IA 52244 (319) 351-8181 Attorneys for Defendant STATE OF IOWA ) SS: JOHNSON COUNTY ) I, James P. Glasgow, being first duly sworn upon oath, de- pose and state that I am the Defendant in the foregoing Petition; that I have read said Petition and know that the statements con- tained therein are true and correct to the best of my knowledge and believe. p._ (fames P. Glasgow l i Subscribed and sworn to before me by the above-named James P. Glasgow, on this 310 day of ecember, 1994 . KIMBERLY A.DAVIS Ul //tjj MY COMMISSION EXPIRES ow' July 8,1998 Notary Pub c in and for the State of Iowa. Q: \jc\jcl\21b2730 . 1tg CERTIFICATE OF SERVICE 1r' V{A° I hereby certify that the foregoing document was served �� t O' `h upon all parties by mailing a true copy thereat to each of S. _�„!`i the above listed attorneys of re, o and parties not u>S4�l,: tepr �ed 6y counsel on the U 1 N S- 4} --, END OF CASE FILE .c- o cis �, 3y--a a IOWA DISTRICT COURT FOR JOHNSON COUNTY c'3—.< i 1 '1 MITCHELL DEAN DRALLE 481-86-7778 ) Plaintiff, ) ) CASE NO. 55�i 5 3 vs. ) ORIGINAL NOTIEE�' , 1 JEAN ANN FRUEH, LARRY FRUEH, CITY C C4 r— OF IOWA CITY, IOWA and CEDAR FALLS ) v` CONSTRUCTION COMPANY, INC. , ) -'' • Defendants. ) r,= e TO THE ABOVE NAMED DEFENDANTS: You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition in the above- entitled action, a copy of which Petition is attached hereto. The Plaintiff's attorney is Patrick G. Vickers, P 0 Box 499, Greene, IA 50636. You are further notified that unless, within 20 days after service of this Original Notice upon you, you serve, and within a reasonable time thereafter file, a motion or answer in the Iowa District Court for Johnson County at the Johnson County Courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. EDWARD F. STEINBRECJ i2YIi'1 /2.1. 90,4 CLERK OF THE ABOVE COURT Johnson County Courthouse Iowa City, IA 52240 NOTE: The attorney who is expected to represent the Defendant .should be promptly advised by Defendant of the service of this notice. • IOWA DISTRICT COURT FOR JOHNSON COUNTY o cn _rt 7111 MITCHELL DEAN DRALLE 481-86-7778 ) Plaintiff, ) o ) CASE NO. S 5qa , vs. ) ) PETITION AT LAW JEAN ANN FRUEH, LARRY FRUEH, CITY ) OF IOWA CITY, IOWA and CEDAR FALLS ) CONSTRUCTION COMPANY, INC. , ) Defendants. ) C r __. j COMES NOW the Plaintiff and for his cause of actiotd5): --4 W 1. Plaintiff is a resident of Johnson County, Iowa. 2 . Defendants Jean Ann Frueh and Larry Frueh are residents of Lee County, Iowa. 3 . Defendant City of Iowa City, Iowa is a municipality as defined in Iowa Code section 670. 1 and is located in Johnson County, Iowa. 4 . Defendant Cedar Falls Construction Company, Inc. is a corporation organized and existing under the laws of the State of Iowa with its principal place of business in Black Hawk County, Iowa. 5. The accident which is the subject of this suit occurred on the afternoon of September 8 , 1992 , in Iowa City, Johnson County, Iowa. 6. At the aforesaid time, Plaintiff was operating a 1 motorcycle on Burlington Street in Iowa City, Iowa. Said motorcycle was traveling in a westerly direction toward the intersection of Burlington Street and Riverside Drive. 7. At the aforesaid time the Defendant Jean Ann Frueh was operating a motor vehicle on Riverside Drive in Iowa City, Iowa. Said vehicle was traveling in a northerly direction toward the intersection of Riverside Drive and Burlington Street. 8 . At the aforesaid time the motorcycle driven by the Plaintiff and the motor vehicle driven by the Defendant Jean Ann Frueh collided. Said collision occurred in the intersection of Riverside Drive and Burlington Street in Iowa City, Iowa and caused the injuries and damages set forth hereinafter. 9 . At the time of the aforesaid accident the Defendant Larry Frueh was an owner of the motor vehicle being operated by the Defendant Jean Ann Frueh. The Defendant Jean Ann Frueh's operation of said vehicle was with the knowledge and consent of the Defendant Larry Frueh and the Defendant Larry Frueh is, therefore, liable for the damages set forth hereinafter. 10. At the time of the aforesaid accident the Defendant City of Iowa City, Iowa was responsible for the maintenance of traffic control lights regulating traffic at the intersection of Riverside Drive and Burlington Street in Iowa City, Iowa. 11. At the time of the aforesaid accident the Defendant Cedar Falls Construction Company, Inc. was engaged in a construction project pursuant to a written contract between the Defendant Cedar Falls Construction Company, Inc. and the Iowa Department of Transportation. Said project involved the repair and/or resurfacing of Riverside Drive at or near its intersection with Burlington Street in Iowa City, Iowa. Said construction project disrupted the normal, orderly and safe flow of traffic through the aforesaid intersection. 12 . The Defendant Jean Ann Frueh was negligent with respect to the aforesaid accident in one or more of the following respects: LO a. In failing to maintain a proper lookout; — b. In failing to have her vehicle under control; :1:>=1 c. In entering an intersection when she knew, or througa the exercise of reasonable care should have known, tfiNti 2 '�. O she would be stopping her vehicle within the intersection; d. In failing to act as a reasonable driver under the circumstances then and there existing. 13 . The Defendant City of Iowa City, Iowa, through its officers, agents and/or employees, was negligent with respect to the aforesaid accident in one or more of the following respects: a. In failing to maintain the traffic control signals at the scene of the accident; b. In failing to act as a reasonable government entity under the circumstances then and there existing. 14 . The Defendant Cedar Falls Construction Company, Inc. , through its officers, agents and/or employees, was negligent with respect to the aforesaid accident in one or more of the following respects: a. In failing to warn persons such as the Plaintiff of the disruption to the normal, orderly and safe flow of traffic at the intersection which was the scene of the accident; b. In failing to act as a reasonable construction contractor under the circumstances then and there existing. 15. As a result of the aforesaid negligence, the Plaintiff has sustained injures and damages in the following particulars: a. Past and future medical expenses; b. Past physical pain; r o U) c. Past and future mental anguish; Lrn d. Loss of future earning capacity; C, "— • r -v e. Past and future physical impairment; o� f. Past and future loss of intellectual function; - g. Past and future decreased ability to lead a normal life. 3 . 16. The aforesaid negligence of each of the Defendants was a proximate cause of the injuries and damages set forth herein. 17. The amount in controversy in this proceeding is in excess of $3 , 000. 00, exclusive of interest and costs. WHEREFORE, the Plaintiff prays for judgment against the Defendants, jointly and severally, in such amount as will fully and fairly compensate him for all injuries and damages set forth herein and for the costs of this action, together with interest thereon as allowed by law. Respectfully submitted, VICKERS LAW OFFICE By: PATRICK G. VICKERS 000009823 118 First Street South P 0 Box 499 Greene, IA 50636 (515) 823-4192 ATTORNEY FOR PLAINTIFF 30 o � C3 ' CYY -13 771 0 - c O 4 • IOWA DISTRICT COURT FOR JOHNSON COUNTY MITCHELL DEAN DRALLE 481-86-7778 ) Plaintiff, ) ) CASE NO. SSg:.`1j ) vs. ) JURY DEMAND JEAN ANN FRUEH, LARRY FRUEH, CITY ) OF IOWA CITY, IOWA and CEDAR FALLS ) _ �o CONSTRUCTION COMPANY, INC. , ,n Defendants. ) -v IL; ; ;_ c•• 0 e9cam-_C i N _ -4 Plaintiff hereby demands a trial by jury of all issues set forth in the above-captioned action. Respectfully submitted, VICKERS LAW OFFICE By: yalmsc_ G. V �' PATRICK G. VICKERS 000009823 118 First Street South P 0 Box 499 Greene, IA 50636 (515) 823-4192 ATTORNEY FOR PLAINTIFF tA rl -< • 1J 1 rn • END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JEFFREY E. EBINGER, ) CAROL E. EBINGER, and ) ERIC EBINGER, BY HIS PARENTS ) AND NEXT FRIENDS, JEFFREY E. ) AND CAROL E. EBINGER, ) ) LAW NO. 510 03.5 Plaintiffs, ) ) vs. ) ORIGINAL NOTICE ANDREW JORDAN ROBERTS, ) o clo0 . c� NORA MAE ECKARD, ) �, _.,, GLENORA IRVIN, AND ) — CITY OF IOWA CITY, IOWA, ) '{ %.13 n-+ = e I Defendants. ) yr TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The name and address of Plaintiff's attorney is Marc B. Moen, Suite 300 Brewery Square, 123 S. Linn Street, Iowa City, Iowa 52245. You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the petition. EDWARD F. STEINBRECH .CGGtri /1/i;/vur CLERK O THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa 52240 NOTE: The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JEFFREY E. EBINGER, ) CAROL E. EBINGER, and ) ERIC EBINGER, BY HIS PARENTS ) o` o AND NEXT FRIENDS, JEFFREY E. ) i AND CAROL E. EBINGER, ) ) LAW NO. = '' Plaintiffs, ) vs. ) PETITION AT LAW - --� ANDREW JORDAN ROBERTS, ) ��• � o NORA MAE ECKARD, ) --4 GLENORA IRVIN, AND ) CITY OF IOWA CITY, IOWA, ) 7-; 1:•?, - t, v _ d ) '? �• Defendants. ) COME NOW Plaintiffs and for claims against Defendants state: ALLEGATIONS COMMON TO ALL COUNTS 1. Plaintiff Eric Ebinger is a minor and his natural parents are Plaintiffs Jeffrey E. Ebinger and Carol E. Ebinger. 2. Defendant City of Iowa City, Iowa(hereinafter "City") is a municipal corporation. 3. On or about October 17, 1992, Defendant Andrew Jordan Roberts (hereinafter "Roberts") was operating a motor vehicle on 3rd Avenue in Iowa City, Johnson County, Iowa. At the same time and place, Roberts' friend was driving directly behind him and was following Roberts to Roberts' house. 4. At all times material hereto, the vehicle driven by Defendant Roberts was owned by Defendants Nora Mae Eckard and Glenora Irvin and was being operated with their consent. 5. The vehicle following Roberts struck Eric Ebinger in front of Eric's house. - 2 - 6. Defendant City was at all times material hereto responsible for the care, supervision and control of 3rd Avenue at the location of the above-described incident and had the duty to keep said street open, in repair and free from nuisance. COUNT I COME NOW Plaintiffs Jeffrey E. and Carol E. Ebinger, as parents and next friends of Eric Ebinger, and for claim against Defendants Roberts, Eckard and Irvin state: 1. Plaintiffs incorporate the allegations common to all counts as if fully set out. 2. Defendant Roberts was negligent in one or more of the following particulars: a) Driving in excess of the speed limit through a residential area knowing that his friend was to follow him through that residential area; b) Driving at an excessive speed and therefore not reacting to the presence of a small child; c) Driving in a reckless manner; d) Engaging in a motor vehicle speed contest or exhibition of speed; e) Aiding and abetting a motor vehicle speed contest or an exhibition of speed. 3. Defendant Roberts' aforesaid conduct was a direct and proximate cause of the aforesaid collision and of the following injuries and damages to said Plaintiff: a) past medical and health care expense; b) future medical and health care expense; c) loss of future earning capacity; n o d) loss of full mind and body to the present; "-lc; e) loss of full mind and body in the future; r r - 3 - fl physical and mental pain and suffering to the present; and g) physical and mental pain and suffering in the future. WHEREFORE, Eric Ebinger, by and through his parents and best friends Jeffrey E. and Carol E. Ebinger, prays for judgment against Defendants Roberts, Eckard and Irvin in an amount commensurate with the evidence, together with interest thereon, costs of this action, and such other relief as the Court deems proper. COUNT H COME NOW Plaintiffs Jeffrey E. and Carol E. Ebinger and for claim against Defendants Roberts, Eckard and Irvin state: 1. Plaintiffs incorporate the allegations common to all counts as if fully set out. 2. Defendant Roberts was negligent in one or more of the following particulars: a) Driving in excess of the speed limit through a residential area knowing that his friend was to follow him through that residential area; b) Driving at an excessive speed and therefore not reacting to the presence of a small child; c) Driving in a reckless manner; d) Engaging in a motor vehicle speed contest or exhibition of speed; e) Aiding and abetting a motor vehicle speed contest or an exhibition of speed. CZ) , D o ..` - 4 - 3. Defendant Roberts' aforesaid conduct was a direct and proximate cause of the aforesaid collision and of the following injuries and damages to Plaintiffs Jeffrey E. and Carol E. Ebinger: a) Past and future expenses, including medical and health care expenses, resulting from injury to their son, Eric; and b) Loss of services, society, companionship and consortium of their son, Eric. WHEREFORE, Plaintiffs Jeffrey E. and Carol E. Ebinger pray for judgment against Defendants Roberts, Eckard and Irvin in an amount commensurate with the evidence, together with interest thereon, costs of this action, and such other relief as the Court deems proper. COUNT III COME NOW Plaintiffs Jeffrey E. and Carol E. Ebinger, as parents and next friends of Eric Ebinger, and for claim against Defendant City of Iowa City, Iowa state: 1. Plaintiffs incorporate the allegations common to all counts as if fully set out. 2. Defendant City of Iowa City was negligent in one or more of the following particulars: a) Failing to trim or remove vegetation in a public place, which interfered with pedestrian or vehicular traffic by obstructing vision; b) Creating, maintaining and failing to abate a nuisance by not trimming or removing vegetation in a public place, which interfered with pedestrian or vehicular traffic by obstructing vision; c) Failing to trim or remove vegetation on property abutting a street to allow O r free passage of pedestrian and vehicular travel. • wI - 5 - 3. Defendant City's aforesaid conduct was a direct and proximate cause of the aforesaid collision and of the following injuries and damages to said Plaintiff: a) past medical and health care expense; b) future medical and health care expense; c) loss of future earning capacity; d) loss of full mind and body to the present; e) loss of full mind and body in the future; f) physical and mental pain and suffering to the present; and g) physical and mental pain and suffering in the future. WHEREFORE, Eric Ebinger, by and through his parents and best friends Jeffrey E. and Carol E. Ebinger, prays for judgment against Defendant City of Iowa City, Iowa in an amount commensurate with the evidence, together with interest thereon, costs of this action, and such other relief as the Court deems proper. COUNT IV COME NOW Plaintiffs Jeffrey E. and Carol E. Ebinger and for claim against Defendant City of Iowa City, Iowa state: 1. Plaintiffs incorporate the allegations common to all counts as if fully set out. 2. Defendant City of Iowa City was negligent in one or more of the following particulars: a) Failing to trim or remove vegetation in a public place, which interfered with pedestrian or vehicular traffic by obstructing vision; ko teC") ti N - 6 - b) Creating, maintaining and failing to abate a nuisance by not trimming or removing vegetation in a public place, which interfered with pedestrian or vehicular traffic by obstructing vision; c) Failing to trim or remove vegetation on property abutting a street to allow free passage of pedestrian and vehicular travel. 3. Defendant City's aforesaid conduct was a direct and proximate cause of the aforesaid collision and of the following injuries and damages to Plaintiffs Jeffrey E. and Carol E. Ebinger: a) Past and future expenses, including medical and health care expenses, resulting from injury to their son, Eric; and b) Loss of services, society, companionship and consortium of their son, Eric. WHEREFORE, Plaintiffs Jeffrey E. and Carol E. Ebinger pray for judgment against Defendant City of Iowa City, Iowa in an amount commensurate with the evidence, together with interest thereon, costs of this action, and such other relief as the Court deems proper, Respectfully submitted, A 0: %- . 'SEN JC0003724 Suite 300 Brewery Square 123 North Linn Street Iowa City, Iowa 52245 ')\1 i,r) 319/351-3900; FAX: 319/354-0559 ,j .Z ti A 61 13"6 ATTORNEY FOR PLAINTIFFS IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JEFFREY E. EBINGER, ) CAROL E. EBINGER, and ) ERIC EBINGER, BY HIS PARENTS ) AND NEXT FRIENDS, JEFFREY E. ) AND CAROL E. EBINGER, ) ) LAW NO. Plaintiffs, ) ) vs. ) JURY DEMAND ) ANDREW JORDAN ROBERTS, ) NORA MAE ECKARD, ) T `s'- GLENORA IRVIN, AND ) Y T ii o71 cP CITY OF IOWA CITY, IOWA, ) '_-,- —' — Defendants. r COME NOW the above-named Plaintiffs and demand that the above"eiitled-cause of ' action be submitted fortrial by jury. t DATED this /. L day of October, 1994. Respectfully sub , i� ."0-: MOEN O - - : ite 300 Brewery Square 123 North Linn Street Iowa City, Iowa 52245 319/351-3900; FAX: 319/354-0559 441 }F 7 taw, ATTORNEY FOR PLAINTIFF 91 G 1Vd 6/ 170 t z,F END OF CASE FILE r AO 440(Rev.5/85) Summons in a Civil Action xtr ed $tati 73T-strict ' DISTRICT OF SOUTHERN DISTRICT OF IOWA, EASTERN DIVISION SUMMONS IN A CIVIL ACTION Anthony Carroll Eicher, et al . CASE NUMBER: 3-94-CV-10154 City of Iowa City, et al . o (/7 C? I'll s".: 41 C) ..,� TO:(Name and Address of Defendant) City of Iowa City o X City Clerk Civic Center Iowa City, IA 52240 YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PLAINTIFF'S ATTORNEY(name and address) Sally Heckman Peck 102 S. Clinton Street, Suite 403 Iowa City, IA 52240 319-351-2332 • an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. CLERK DATE cs!G BY DEPU CLERK AO 440(Rev.5/85) Summons In Civil Action RETURN OF SERVICE DATE Service of the Summons and Complaint was made by met NAME OF SERVER TITLE Check one box below to indicate appropriate method of service O Served personally upon the rinfondant. Place where served: O Left copies thereof at the defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: _ ❑ Returned unexecuted: ❑ Other (specify): STATEMENT OF SERVICE FEES TRAVEL SERVICES TOTAL DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of'Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Address of Server t) As to who may spy'a summons see Rule 4 of the Federal Rules of Clvll Procedure. I . FILED D;YES/PDQ;r, IO°�Y;q r c l2 SSP PM 5: 05 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA, EASTERN DIV i3ONc. D!STR!CT rr". ;�GurUERN DISTRICT CF IDS?, ANTHONY CARROLL EICHER, individually, ] and SHARLENE EICHER, individually, and ] ANTHONY AND SHARLENE EICHER, jointly ] husband and wife; and ANTHONY AND SHARLENE EICHER, ] as Guardians and next best friends of ] JEREMY EICHER, MICHAEL EICHER, and JAMIE EICHER ] Plaintiffs, ] CE. N v. ] =cr' ] 33;:7-1- -7 The CITY OF IOWA CITY, and ] n-'" EDWARD P. SCHULTZ, individually, and as ] 7ct ' "71 employee and agent of the City of Iowa City, ] '�m and DEANNA BERNARD, n/k/a DEANNA PETERSEN, ] b s individually, and jointly and severally, and ] ^� DEANNA BERNARD n/k/a DEANNA PETERSEN, as Guardian ] CO and next best friend of JAMIE BERNARD, and ] BRETT BERNARD, individually, and jointly ] I Ll 1 5 4and severally, 3 �- 9 4 -] CV -' V Defendants. ] A. JURISDICTIONAL ALLEGATIONS 1 . This is an action at law to redress the deprivation under color of statute, ordinance, regulation, custom or usage of a right, privilege and immunity secured to Plaintiff by the Fourteenth Amendment to the United States Constitution and 42 U.S.C. Sec. 1983 and 1985, and arising under law and statutes of the State of Iowa and, accordingly, the jurisdiction of this Court is invoked under 28 U.S.C. Sec. 1343( 3) and any applicable pendent state law claims. 2 . At all material times, Plaintiffs ANTHONY CARROLL EICHER and SHARLENE EICHER were and still are, citizens of the United States and reside in the City of Iowa City, State of Iowa. 3 . At all material times, Plaintiffs , ANTHONY CARROLL EICHER, and SHARLENE EICHER, were and still are husband and wife, and 1 were and still are the parents of JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER, who are natural born citizens of the United States of America, and were and still are residents of Iowa City, Johnson County, Iowa. 4 . At all material times, Defendant Officer EDWARD P. SCHULTZ was a servant, agent, and employee of Co-Defendant, the City of Iowa City (a person for purposes of Section 1983 ) , so that his acts are imputed to the City of Iowa City. At all material times, Defendant Officer EDWARD P. SCHULTZ was a duly appointed and an acting police officer of the IOWA CITY POLICE DEPARTMENT ("THE DEPARTMENT") . 5. At all material times, Defendant Officer EDWARD P. SCHULTZ was acting under color of his official capacity as an officer of the Police Department of the City of Iowa City, and as a person for purposes of Section 1983 and his acts complained of were performed under color of state law. 6 . At all material times, Defendant EDWARD P. SCHULTZ, acted under color and pretense of law; and he engaged in the illegal conduct mentioned herein, recklessly and with callous disregard for Plaintiff ANTHONY EICHER's rights , causing injury to the Plaintiff and depriving Plaintiff of the rights, privileges, and immunities secured to him by the Fourteenth Amendment to the United States Constitution by the laws of the United States. 7 . At all material times, the Defendant, DEANNA BERNARD, N 111W PETERSEN, was and still is a resident of the City of Io�aa'CJ Johnson County, Iowa; and that all actions complained of 8e, :11VII 'i1 u St16 2 against DEFENDANT DEANNA BERNARD a/k/a DEANNA PETERSEN are pendant to and arise out of all actions complained of against the DEFENDANTS EDWARD P. SCHULTZ, CITY OF IOWA CITY, and IOWA CITY POLICE DEPARTMENT. 8 . At all material times, the Defendant, DEANNA BERNARD, n/k/a DEANNA PETERSEN, was and still is a resident of the City of Iowa City, Johnson County, Iowa; and was and still is the mother of JAMIE BERNARD and BRETT BERNARD, and that all actions complained of against DEFENDANT DEANNA BERNARD a/k/a DEANNA PETERSEN guardian and next best friend of JAMIE BERNARD and BRETT BERNARD are pendant to and arise out of all actions complained of against the DEFENDANTS EDWARD P. SCHULTZ, CITY OF IOWA CITY, and IOWA CITY POLICE DEPARTMENT. 9 . All of these rights are secured to Plaintiff Anthony EICHER by the provisions of the Due Process Clause of the Fifth and Fourteenth Amendments to the United States Constitution 42 U.S.C. Section 1983 and 1985 and 18 U.S.C. Section 245. B. FACTUAL ALLEGATIONS COMMON TO ALL COUNTS 10. The allegations contained in Paragraphs 1 through 9 above are incorporated herein as if set forth again in full . 11 . On or about the 6th or 8th day of July, 1992 , the DEFENDANT EDWARD P SCHULTZ, in the course of his duties as police officer and employee of the City of Iowa City, assumed investigation of two cases, one case a case of Criminal Trespass, and the other ticyeff r xposure. 12 . On or{d b-i uk.1 Qhe 6th or 8th day of July, 1992, the 8Z :II a +II dJS '16 3 gid DEFENDANT EDWARD P. SCHULTZ , created a photographic array for the purposes of conducting a photographic identification, and during the week of the 6th day of July, 1992, did conduct said photographic identification. 13 . The DEFENDANT, EDWARD P. SCHULTZ, conducted said identification procedures in violation of recognized and accepted police practices for conducting a photographic line-up. 14 . As a result of the improper procedures utilized by the DEFENDANT EDWARD P. SCHULTZ, the PLAINTIFF was prosecuted for the offenses of Criminal Trespass and Indecent Exposure. 15 . During depositions in the fall of 1992 , the Defendant learned that, in the course of conducting said identification, and in procuring the prosecution of the DEFENDANT, EDWARD P. SCHULTZ, made untrue and false statements about the PLAINTIFF, ANTHONY CARROLL EICHER, to DEFENDANT DEANNA BERNARD, n/k/a DEANNA PETERSEN, and to three other individuals, knowing said statements were false, and/or with reckless disregard for whether said statements were true or false. 16. DEFENDANT DEANNA BERNARD n/k/a DEANNA PETERSEN, published the false and defamatory statements made to her by DEFENDANT EDWARD P. SCHULTZ, with reckless disregard for the truth or falsity of her statements to her children, to her family, to friends, neighbors, to school personnel and to others in the community. 17 . The PLAINTIFF, ANTHONY CARROLL EICHER, was completely acquitted of yab �' by a jury of twelve peers in Johnson 4 313 !.1l County on or about the 10th day of March, 1993 after less than one �3? :INV '11 d3S 116 ril 11J 4 hour of deliberations. 18 . The fact of this arrest and incarceration became known among his friends and acquaintances , members of his Church, continue to be known, and that the public knowledge of said facts and charges will inescapably become known in the future as the result of the malicious and slanderous conduct of the DEFENDANTS. COUNT I VIOLATION OF 42 USC 1983 19. Plaintiff reasserts and realleges paragraphE7l-91as if n � fully set out herein. q7 20. Plaintiff reasserts and realleges paragraph �`�::D-18 as if fully set out herein. o� 21 . The false and defamatory remarks made by Defendant Schultz during and after the photographic identifications were made in clear violation of accepted police practices for conducting a photographic identification. 22 . These false and defamatory comments during the identification procedure were impermissibly suggestive and created a very substantial likelihood of irreparable misidentificaion. 23 . The proximate and direct result of the actions of Defendant Officer Schultz was thImisidentification of plaintiff ANTHONY EICHER both at the time of the photographic lineup and in court at the time of trial . 24 . The actions taken by Defendant Officer Schultz which led to the misidentification of PLAINTIFF ANTHONY EICHER constituted a violation of PLAINTIFF ANTHONY EICHER's right to due process as 5 WHEREFORE, Plaintiffs, ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, Michael EICHER, and JAMIE EICHER demand judgment against DEFENDANT IOWA CITY AND DEFENDANT ED SCHULTZ in the an amount in excess of $500 , 000. 00 plus interest and costs and also demands such other and further relief as this Court may deem just, proper and equitable. COUNT II MALICIOUS PROSECUTION 29 . The allegations contained in Paragraphs 1 through 9 above are incorporated herein as if set forth again in full . 30 . •The allegations set out in paragraphs 10 through 18 are incorporated herein as if set forth again in full . 31 . DEFENDANT CITY OF IOWA CITY as the employer of DEFENDANT OFFICER SCHULTZ at all material times is liable for his actions taken during the course of his employment. 32. DEFENDANT OFFICER SCHULTZ at all material times acted within his course of employment as an officer for Iowa City police department. 33 . DEFENDANT OFFICER SCHULTZ, through his investigation and by causing the false identification of PLAINTIFF ANTHONY EICHER caused the prosecution of the said plaintiff . 34 . This prosecution ended favorably for the PLAINTIFF ANTHONY EICHER in March, 1993 , after less than one ( 1) hour of deliberation by the jury. 00I ,X13 yMOI )111313 /%113 BZ :11141 c 3S'i6 7 35. DEFENDANT OFFICER SCHULTZ acted without probable cause in the prosecution of PLAINTIFF ANTHONY EICHER. Officer Schultz had no reasonable grounds for pursuing the prosecution of the plaintiff because a reasonable police officer should have known that the method used to obtain the identification of Plaintiff Anthony EICHER was untrustworthy. 36 . DEFENDANT OFFICER SCHULTZ acted with malice in the prosecution of PLAINTIFF ANTHONY EICHER, stemming from an earlier unsuccessful prosecution. 37 . The malicious prosecution by DEFENDANT OFFICER SCHULTZ was the direct and proximate cause of PLAINTIFF ANTHONY EICHER's and all the Plaintiffs damages received as a consequence of the Plaintiff ANTHONY EICHER, being forced to endure a criminal trial founded on unjust grounds. WHEREFORE, Plaintiffs , ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, Michael EICHER, and JAMIE EICHER demand judgment against DEFENDANT IOWA CITY AND DEFENDANT ED SCHULTZ in the an amount in excess of $500 ,000 .00 plus interest and costs and also demands such other and further relief as this Court may deem just, proper and equitable. COUNT III DEFAMATION BY DEFENDANT CITY OF IOWA CITY 38 . The allegations contained in Paragraphs 1 through 9 are incorporated herein as if set forth again in full . 39 . The allegations contaid� j,n1la�rrgyaphs 10 through 18 VMUjV are incorporated herein as if set fc\ 1qat-Iii in full . tic: •t l .,'r i I c�S 16 8 40 . Defendant CITY OF IOWA CITY, and its agent EDWARD P. SCHULTZ, communicated falsehoods to third parties about the Defendant, claiming he had a prior criminal record when in fact he had none, from the time of arrest and through the date of trial herein. Said defamation was learned of by the Plaintiff at depositions in the fall of 1992 . 41 . Defendant CITY OF IOWA CITY, and it agent EDWARD P. SCHULTZ, were false and known to be false at the time they were made. 42 . The defamatory and false statements were a proximate cause of damage to the Plaintiffs. 43 . As the result of said defamation, the Plaintiff ANTHONY CARROLL EICHER has been stigmatized as a member of his community, his church and his employment. He has suffered severe mental and emotional distress and anguish, embarrassment and humiliation, has suffered economic loss, additional expenses for counselling, and he incurred additional damages for medical , drug and therapeutic expenses as a result of the physical and emotional stress reactions proximately caused by the actions of the Defendant, CITY OF IOWA CITY. 44 . As a direct and proximate result of Defendant's intentional acts , PLAINTIFFS, ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER, suffered physical and mental pain and injury, and will continue to so suffer in the future. V101 ''1.113 \ IA01 WHEREFORE, Plaintiffs demand judgmenVitaIDefendant CITY 8Z :111a h1835h6 OF IOWA CITY in the amount of $ 750,000 . 00 plus interest and costs and also demand other and further relief as this Court may deem just, proper and equitable. COUNT IV DEFAMATION BY DEFENDANT EDWARD P. SCHULTZ 45. The allegations contained in Paragraphs 1 through 9 are incorporated herein as if set forth again in full . 46. The allegations contained in Paragraphs 10 through 18 are incorporated herein as if set forth again in full . 47 . Defendant EDWARD P. SCHULTZ, communicated falsehoods to third parties about the Defendant, claiming he had a prior criminal record when in fact he had none, from the time of arrest and continuing through trial herein, and thereafter. 48 . Defendant EDWARD P. SCHULTZ, were false and known to be false at the time they were made, and made no attempt to correct or retract the falsehoods. 49 . The defamatory and false statements are a proximate cause of damage to the Plaintiffs ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER. 50. As the result of said defamation, the Plaintiff ANTHONY CARROLL EICHER has been stigmatized as a member of his community, his church and his employment. He has suffered severe mental and emotional distress and anguish, embarrassment and humiliation, has suffered economic loss, additional expenses for counselling, and he incurred additional damages for medtkliglib101ind therapeutic expenses as a result of the physical and emotional stress reactions kV 11 d3S 't6 to proximately caused by the actions of the Defendant, EDWARD P. SCHULTZ. 51 . As a direct and proximate result of Defendant EDWARD P. SCHULTZ's intentional acts, PLAINTIFFS, ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER, suffered physical and mental pain and injury, and will continue to so suffer in the future. WHEREFORE, Plaintiffs demand judgment against Defendant EDWARD P. SCHULTZ in the amount of $ 750 ,000. 00 plus interest and costs and also demand other and further relief as this Court may deem just, proper and equitable. COUNT IV DEFAMATION BY DEFENDANT DEANNA BERNARD, n/k/a DEANNA PETERSEN 52 . The allegations contained in Paragraphs 1 through 9 are incorporated herein as if set forth again in full . 53 . The allegations contained in Paragraphs 10 through 18 are incorporated herein as if set forth again in full . 54 . Defendant DEANNA BERNARD, n/k/a DEANNA PETERSEN, communicated falsehoods to third parties about the Defendant, from the time of his arrest, continuing through the date of trial and continuing thereafter, claiming he had a prior criminal record when in fact he had none. 55. The statements made by Defendant DEANNA BERNARD, n/k/a DEANNA PETERSEN, were false and known to be false or were made with reckless disregard for the truthvtor1 alsiitttyoIthereof at the time they were made. ' - " %\ ; 10 6Z :110 '11 dlS '16 11 ni � � 6L!l! Yt �t7 MtI 56. The defamatory and false statements are a proximate cause of damage to the Plaintiffs ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER. 57 . As the result of said defamation, the Plaintiff ANTHONY CARROLL EICHER has been stigmatized as a member of his community, his church and his employment. He has suffered severe mental and emotional distress and anguish, embarrassment and humiliation, has suffered economic loss, additional expenses for counselling, and he incurred additional damages for medical , drug and therapeutic expenses as a result of the physical and emotional stress reactions proximately caused by the actions of the Defendant, DEANNA BERNARD, n/k/a DEANNA PETERSEN. 58 . As a direct and proximate result of Defendant DEANNA BERNARD, n/k/a DEANNA PETERSEN 's intentional acts, PLAINTIFFS, ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER, suffered physical and mental pain and injury, and will continue to so suffer in the future. WHEREFORE, Plaintiffs demand judgment against Defendant DEANNA BERNARD, n/k/a DEANNA PETERSEN, in the amount of $ 750 ,000. 00 plus interest and costs and also demand other and further relief as this Court may deem just, proper and equitable. COUNT V DEFAMATION BY JAMIE BERNARD AND MICHAEL BERNARD 59 . The allegations contained in Paragraphs 1 through 9 are incorporated herein as if set forth acAi011 i1W1401 I8l-13 ),.117 60. The allegations contained in Paragraphs 10 through 18 6Z :!I kV fi I d3S h6 12 are incorporated herein as if set forth again in full . 61 . Defendant DEANNA BERNARD, n/k/a DEANNA PETERSEN, communicated falsehoods to DEFENDANTS JAMIE BERNARD AND MICHAEL BERNARD. DEFENDANTS JAMIE BERNARD AND MICHAEL BERNARD communicated the defamatory and false statements to third parties in the neighborhood and at the school of PLAINTIFFS JAMIE EICHER, JEREMY EICHER AND MICHAEL EICHER about the PLAINTIFF ANTHONY CARROLL EICHER, claiming he had a prior criminal record when in fact he had none, beginning at or near the time of his arrest , continuing through the date of trial , and thereafter. 62 . The statements made by Defendants JAMIE BERNARD, and MICHAEL BERNARD, were false and known to be false or were made with reckless disregard for the truth or falsity thereof at the time they were made. 63 . The defamatory and false statements are a proximate cause of damage to the Plaintiffs ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER. 64 . As the result of said defamation, the Plaintiffs ANTHONY CARROLL EICHER and SHARLENE EICHER have been stigmatized as members of their community, their church and their children's school . PLAINTIFFS ANTHONY CARROLL EICHER AND SHARLENE EICHER suffered severe mental and emotional distress and anguish, embarrassment and humiliation, have suffered economic loss, additional expenses for counselling, and they have incurred additional damages for medical , drug and therapeutic expensealas a 01 ),110 trti result of the physical and emotional stress reactio0150»C,iately '1 I d3S hS 13 a caused by the actions of the Defendants, 65 . As a direct and proximate result of Defendant JAMIE BERNARD, and MICHAEL BERNARD's intentional acts, PLAINTIFFS ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, AND JAMIE EICHER, suffered physical and mental pain and injury, and will continue to so suffer in the future. WHEREFORE, Plaintiffs demand judgment against Defendant DEANNA BERNARD, n/k/a DEANNA PETERSEN as guardian and next best friend of DEFENDANTS JAMIE BERNARD AND MICHAEL BERNARD in the amount of $750,000.00 plus interest and costs and also demand other and further relief as this Court may deem just, proper and equitable. COUNT VI SLANDER BY DEFENDANT EDWARD P. SCHULTZ 66. The allegations contained in Paragraphs 1 through 9 are incorporated herein as if set forth again in full . 67 . The allegations contained in Paragraphs 10 through 18 are incorporated herein as if set forth again in full . 5. Defendant EDWARD P. SCHULTZ orally communicated to Plaintiff's neighbors and/OR church members that the Plaintiff had a prior criminal record, which was untrue. 68. Defendant's allegations are false or known by Defendant to be false at the time they were made, or were made with reckless disregard for the truth. 69 . The communications are defamatory per se in that they charge Defendant with an indictable crime and ten tOure him in his business or trade and in his neighbon +�c�� )Plaintiff has 6Z11 +.11 d3S16 14 i , del r i 4 - caused these false and defamatory statements to be published to third parties. The false and defamatory statements and communications of Defendant were not privileged. 70 . The false and defamatory statements and communications of the Defendant were a proximate cause of damage to the Plaintiffs. WHEREFORE, Plaintiffs demand judgment against DEFENDANT EDWARD SCHULTZ in the amount of $750,000. 00 plus interest and costs and also demand other and further relief as this Court may deem just, proper and equitable. COUNT VII INJURY TO REPUTATION 71 . The allegations contained in Paragraphs 1 through 9 are incorporated herein as if set forth again in full . 72 . The allegations contained in Paragraphs 10 through 18 are incorporated herein as if set forth again in full . 73 . As a direct and proximate consequence of the behavior of the Defendants , the Plaintiff , ANTHONY EICHER, has experienced injury to his own reputation in the community where he lives and in the community where he is employed. 74 . As a direct and proximate result of the Defendant's actions, the Plaintiff , SHARLENE EICHER, has suffered damage to her reputation in the community where she lives and where she is employed. 75. As a direct and proximate result of the action of the Defendant, the minor children of the Plaintiffs have suffered VMOI '),113 VMOI injury to their reputation where they live and wiaria ivilkkly go to 6- IIe4' '1 I ca 15 6 j M school . 76 . As a direct and proximate result of the behavior of the Defendants, the Plaintiff , ANTHONY EICHER, has suffered mental distress and injury to feelings as a result of his arrest and pretrial incarceration and as a result of having to defend himself against unfounded charges. He has also experienced mental distress and injuries as a result of humiliation, embarrassment, or shame, and has experienced mental distress and anguish and injury to his feelings as a reaction of others toward the Plaintiff. 77 . As a direct and proximate result of the behavior of the Defendants, the Plaintiff, SHARLENE EICHER, has experienced mental distress and injury to her feelings as a direct result the malicious prosecution of Plaintiff ANTHONY EICHER, as a result of having to spend money to assist her husband in the defense against the unfounded charges brought against him, as a result of humiliation, embarrassment, and shame, and as a result of the reaction of others toward her. 78. The Plaintiffs' children have experienced mental distress and injury to their feelings as a direct result of the Defendant's malicious prosecution of Plaintiff ANTHONY EICHER and have suffered humiliation, embarrassment, and shame and as a result of the reaction of others toward them. 79. As a direct and proximate result of the action of the Defendants, the Plaintiffs have lost in excess of $25,000. Said losses and injuries are reasonably ceyt60A be sustained in the future. )W31 6 Z I I Wg cl3S h6 16 80. The behavior of Defendants Schultz and Defendant Bernard were malicious and without reasonable grounds and punitive damages are sought. 81 . As a result of the conduct of the DEFENDANT EDWARD P. SCHULTZ, the PLAINTIFF, ANTHONY CARROLL EICHER, suffered damage to his personal reputation, suffered damage to his marital relationship with his wife, suffered damage to the parent child relationship with his children, suffered loss of freedom, loss of time from work, loss of income, loss of privacy, suffered physically and mentally, and incurred great expense in defending himself. 82 . As a result of the conduct of the DEFENDANT DEANNA BERNARD, the PLAINTIFF, ANTHONY CARROLL EICHER, suffered damage to his personal reputation, suffered damage to his marital relationship with his wife, suffered damage to the parent child relationship with his children, loss of privacy, suffered physically and mentally, and incurred great expense in defending himself . 83 . As a result of the conduct of the DEFENDANT EDWARD P. SCHULTZ, the PLAINTIFF, SHARLENE EICHER, has suffered damage to her personal reputation , suffered damage to her marital relationship with her husband, suffered damage to the parent child relationship with her children, suffered loss of freedom, loss of time from work, loss of income, loss of privacy, suffered physically and mentally, and '4®t4krifia W*®ht expense. X 1j ). �I3 84 . As a result of the conduct of the DEFENDANT DEANNA 6Z :1I WV 11 d3S h6 I BERNARD, the PLAINTIFF, SHARLENE EICHER, suffered damage to her personal reputation, suffered damage to her marital relationship with her husband, suffered damage to the parent child relationship with her children, loss of privacy, suffered physically and mentally, and incurred great expense. WHEREFORE the PLAINTIFFS, ANTHONY EICHER, SHARLENE EICHER, JEREMY EICHER, MICHAEL EICHER, and JAMIE EICHER pray for judgment against the DEFENDANTS, EDWARD P. SCHULTZ, DEANNA BERNARD, n/k/a DEANNA PETERSEN, JOHNSON COUNTY, and the CITY OF IOWA CITY, individually, and jointly and severally, in an amount IN EXCESS OF $1 , 500,000.00 together with interest as provided by law, plus the costs of this action. *64-ctfu ly submitted, SAL ECKMAN PECK 000 00 6478 102 South Clinton Street, Suite 403 :w& City, Iow_a_.. 52240 319-351-2332 ATTORNEY FOR PLAINTIFFS cc: Anthony CARROLL EICHER CITY OF IOWA CITY DEANNA BERNARD, n/k/a DEANNA PETERSEN VMO! M13 VM0I RTIO A110 6z :II WV 'I I d3S 116 18 .,. END OF CASE FILE IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY JAMES P. GLASGOW, ) 479-60-1640 ) PLAINTIFF, ) EQUITY NO. 55895 vs. ) CITY OF IOWA CITY, IOWA, ) ORIGINAL NOTICE DEFENDANT. ) TO THE ABOVE-NAMED DEFENDANT: You are hereby notified that there is now on file in the of- fice of the clerk of the above court a petition in the above-en- titled action, a copy of which petition is attached hereto. The Plaintiff's attorneys are John D. Cruise, James D. Houghton, and Teresa R. Wagner whose address is 920 S. Dubuque Street, P.O. Box 2000, Iowa City, IA 52244 . You are further notified that unless, within twenty days af- ter service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the petition. EDWARD F. STEIN! CH AM` ERK THE ABOVE 'BURT Joy =on County Cou 4 house I17,a City, IA 52240 V:25b1823 . 1tg a '� h cCi o� D c7 cc: PO c0 crh IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY JAMES P. GLASGOW, ) 479-60-1640 ) A ► PLAINTIFF, ) EQUITY NO. ) Itt VS. ) CITY OF IOWA CITY, IOWA, ) PETITION FOR WRIT OF- - - INJUNCTION DEFENDANT. ) COMES NOW the Plaintiff, James P. Glasgow, by and through his attorneys and states for this Petition for Writ of Permanent Injunction as follows: 1. Plaintiff is a resident of Johnson County, Iowa living at 3291 Dubuque Street NE, Iowa City, Iowa 52240. 2 . Defendant is a municipal corporation under the laws of the State of Iowa with the entire corporate limits within Johnson County, Iowa. 3 . Plaintiff is the owner of the following described prop- erty located in Johnson County, Iowa: Beginning at point one which is at ordinary high water mark on the South bank of the Iowa River and on the North line of Government Lot 7 or Sec. 33 , Twp. 80N. , R. 6 West of the 5th P.M. which point one is 78 feet West of the West line of primary Highway No. 218, and running thence from said point one in a Southerly di- rection corresponding with the direction of said high- way to point two which is 105 feet from point one; from thence following the same Southerly direction 18 feet to point number three, and from thence in a Northwest- erly direction to point four which is 38 feet West-_of r point two and 105 feet South of said ordinary high` a ter mark of said river; from thence Westerly to port c7 five, which is 187 feet from said point three; ande1-0:5 I feet South of the ordinary high water mark of said—s;-- river, from thence North to point six which is on V4 -ID South ordinary high water mark of said river; andE57-7; v _ a -2- thence following said high water mark to point number one, the place of beginning. Excepting therefrom that portion thereof described as follows: Commencing at the Southeast Corner of said Section 33 (as recorded in Deed Record 136, Page 262 in the office of the Recorder of Johnson County) ; thence West 1632 .4 feet (as recorded in said Deed Record 136, Page 262) ; thence North 3557. 1 feet (as recorded in said Deed Record 136, Page 262) to a point on the cen- terline of County Road W66 as said centerline is shown on Johnson County Project FM-52 (23) --55-52 ; thence S 12 ' W along said centerline a distance of 788 . 25 feet x7- more or less to the point of beginning of this desa p-f4 .c tion; thence continuing S8°12 'W along said centerli'ng, a* distance of 104 . 77 feet more or less; thence N 81°c4$' W a distance of 63 . 08 feet more or less, thence N 49°5 22' 03" W a distance of 45. 11 feet more or less; tAece ;, S88° 48' 35"W a distance of 4 . 23 feet more or lessz5%;'_ F:7.3 thence N8°12 'E a distance of 20. 00 feet more or les ' thence S810 48'E a distance of 25. 32 feet more or less; r) thence N8° 12'E a distance of 81. 58 feet more or less to a point on the Southerly bank of the Iowa river; thence S72°24 '32"E along said Southerly bank a distance of 24 .05 feet more or less; thence S65 33 '59"E along said bank a distance of 58 . 61 feet more or less to the Point of Beginning. 4 . Plaintiff has maintained his residence on the above de- scribed real estate and been the owner thereof since 1973 . Plain- tiff has substantially improved said real estate and presently uses and occupies his personal residence there as well as his business offices, shop building, and related improvements. Plaintiff has specially improved his shop building for heavy duty construction work to the extent that it has special fire proof- ing, special heavy duty wiring, and other devices for use as a welding shop. Also included with the shop building is his busi- ness office, housing all related equipment and fixtures including computers, copiers, and drafting paraphernalia. 5. Plaintiff is presently in the general construction business and has been in such business since 1978 . In addition -3- to the other improvements located on the property Plaintiff main- tains his business equipment there including three skid loaders, one bulldozer, one semi-truck and flatbed, a crane, three pick-up trucks, one dump truck, one bucket truck, a semi-trailer, three duel axle trailers, a cement bucket, and other miscellaneous building materials and equipment. Plaintiff's business operation expands beyond the perimeter of the property as described above with the understanding and consent of the neighboring property owners and with the understanding that his actual ownership by possession and use exceeds the perimeter of these boundaries. 6. All of the property owned by the Plaintiff as described above and related to the substance of this Petition is outside the boundaries of the City of Iowa City, Iowa and subject to the jurisdiction of Johnson County, Iowa. 7. Defendant, City of Iowa City, Iowa, has informed Plain- tiff that it intends to acquire all of Plaintiff's property as described above for construction of a new water facility for the City of Iowa City, Iowa. The letter from City Attorney Linda Newman Gentry dated June 21, 1994 to Plaintiff is marked Exhibit "A", attached hereto and incorporated herein. 8. Defendant has threatened to exercise its rights of con- demnation (Eminent Domain) in the event that Plaintiff is unwill- ing to sell his property to Defendant. 9. The tract of land legally owned by the Plaintiff corgi sists of approximately . 6 acres as well as an undetermineacc G) acreage adjacent thereto and is extremely valuable to Pl rfntif N -4- and the sale of said real estate, under any circumstances, to the City of Iowa City, Iowa would be an extreme hardship. 10. Defendant has informed the Plaintiff that it intends to acquire 228.43 acres for the new water treatment facility, in- cluding that acreage owned by the Plaintiff. 11. Plaintiff has been informed by experts that the Defen- dant would reasonably need no more than fifty acres for its water treatment facility and that the acquisition of 228 . 43 acres would be totally unnecessary for the construction, use and operation of said facility. 12 . Plaintiff specifically alleges that the acquisition of his property would not be for any public, legal use and should be enjoined by this court. 13 . Plaintiff also alleges that the acquisition of his property is not for the specific purpose of building a new water treatment facility but that the Defendant, its officers and/or its agents have other undetermined reasons to force the taking of his property, reasons which cannot be supported by the City's powers of eminent domain and which are not for a legitimate pub- lic purpose. 14 . The wrongful taking of Plaintiff's property by the De- fendant would damage him in the loss of his personal residence, the destruction of his business location and business use and loss of enjoyment of the property that has occurred for Hire tin azu twenty-one years. �-�� 747 '-t Co O -5- WHEREFORE, Plaintiff prays that the Court issue a permanent injunction without bond enjoining the Defendant from taking any and all of Plaintiff's property; enjoining the Defendant from en- tering upon Plaintiff's property; and granting Plaintiff any ad- ditional relief that would be equitable under the circumstances. BARKER, CRUISE, KENNEDY & HOUGHTON BY: 41, 2)6a4A0-11- • n D. Cruise 001083 / 0 - -- BY: .. ..� n tfi- y ]��r'r- elies D. Houghton 0$ 472 By: Teresa R. Wagn r l4130. 920 S. Dubuque Stret P.O. Box 2000 Iowa City, IA 52244 `o (319) 351-8181 ATTORNEYS FOR PETITIONS--, G STATE OF IOWA 31 SS: -'rrl� JOHNSON COUNTY ) p-t1 tv I, James P. Glasgow, being first duly sworn upon oath, de pose and state that I am the Plaintiff in the foregoing Petition for Writ of Injunction; that I have read said Petition and know that the statements contained therein are true and correct to the best of my knowledge and belief. 41104a11_Ad A ,d1A am= P. G asgow Subscribed and sworn to before me by the above-named James P. Glasgow, on this 3rd day of August, 994 . W Oq iIS751:3"PIRES ��,�ggg I Notary Public In and f the State of Iowa. V:25B1821. 1tg 4114 oirporlfa ''- •; �TI' -a • June 21 , 1994 CITY OF IOWA CITY Mr. Jim Glasgow 3291 Dubuque Street NE Iowa City, IA 52240 Re: Request for permission to inspect premises; 3291 Dubuque Street NE, Iowa City, IA 52240 Dear Jim: This is to request you permit two independently retained appraisers, namely Ted Fisher of Davenport, lovra, and Casey Cook of Iowa City, Iowa, to inspect the premises you own, as noted above, including the inside of your home and your workshop area. I request this permission be granted to both appraisers simultaneously in order to avoid any greater inconvenience to you, as property owner. I further request that this inspection be permitted for the City's two appraisers during the week of June 22-29, 1994. The City, together with the two appraisers, will comply with your wishes concerning date and time. As you know, the City of Iowa City is proceeding to attempt land acquisition for construction of a new water facility, including wells, and your property is one of the properties which the City needs to acquire. Also envisioned is a pedestrian trail along the river — which, we believe, would not be compatible with your continuing use of the property. Thank you very much for your attention, and please do not hesitate to contact me at 356- 5030 concerning this matter. Looking forward to hearing from you soon, I am Cordially yours, CD rn Linda Newman Gentry a F.-3 City Attorney N cc: Chuck Schmadeke, Public Works Director Ted Fisher, FYI EXHIBIT A Casey Cook, FYI PAGE 1 Jim Houghton, Attorney for Jim Glasgow nlletterslglesgow 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240.1826 • (319)' 356-5000 • FAX (319) 356-5009 END OF CASE FILE THEEOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE Official Form No.301 OF THIS FORM,CONSULT YOUR LAWYER t0 THE IOWA DISTRICT COURT o0 lii& JOHNSON COUNTY c—s.�_ cl® ' } --{r' f"s r Lit 0. JAMES P. GLASGOW • y IV Plaintiff(s), LAW ❑ EQUITY No. 56149 vs. ORIGINAL NOTICE CITY OF IOWA CITY Defendant(s). • TO THE ABOVE-NAMED DEFENDANT(S): .I You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The plaintiff's(s') attorney is James P. Glasgow, Petitioner, Pro Se 3291 Dubuque Street 'N.E. , Iowa City Iowa 52240 • whose address is II You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable timeJohnson thereafter file a motion or answer, in the Iowa District Court for County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. EDWARD F. •lizil,.!4.,.., Pr (SEAL) CLERK 'HE ABOVE CO "T 1 Johnson County Courthouse Iowa City Iowa 52240 lIi li i .I • NOTE:The attorney wno is exoectea to represent the celencant sncLz c_ cmc::y a:;:sec -- - -- 301 CPIGNAL NOTICE FOR PERSONAL SERVICE •-le ICwa State.3f assOC:a7pn avisec_anuar. 1591 • Q, IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COOTY c, .11 3E-= JAMES P. GLASGOW, ) 561U9 { 711 ) EQUITY NO. PETITIONER, ) ) PETITION *7. vs. ) _'' CITY OF IOWA CITY, IOWA, ) ) DEFENDANT. ) = 11 * * * * * COMES NOW, James P. Glasgow, Petitioner herein, and-for-0 cause of action against the City of Iowa City, states as_; 7F,3 follows: r J FACTS 1. Petitioner is a resident of Iowa City, Johnson County, Iowa and has his home at 3291 Dubuque Street N.E. , Iowa City, Iowa 52240. 2 . Defendant is a municipal corporation under the laws of the State of Iowa with the entire corporate limits within Johnson County, Iowa. 3 . Petitioner is the owner of approximately 4 . 16 acres of land located in Johnson County at 3291 Dubuque Street N.E. , Iowa City, Iowa 52240. 4 . This land, owned by Petitioner, includes approxi- mately two acres of forest, or, "woodlands, " which cover a total of about 50 acres. 5. On Wednesday, November 16, 1994 , Petitioner was served with papers drafted by Defendant notifying Petitioner of Defendant's intention to condemn his property and setting -2- ua car c� a date to appraise the same. See attached Exhibit "A" n IMMO page 3 . 6. Defendant seeks to condemn that area of Peti—rn tioner's land which includes the woodlands. 7. Defendant seeks to condemn Petitioner's property for the ostensible purpose of constructing a water treatment facility. See attached Exhibit "A" at page 3 . 8. Defendant hired Howard Green Associates to draft a site plan for the water treatment facility. That site plan allots certain areas within the property at 3291 Dubuque Street N.E. for the location for wells, lagoons, sludge ponds, etc. , along with the water treatment facility. See attached Exhibit "B" . 9 . Defendant is proceeding with condemnation efforts and plans to construct a water treatment facility pursuant to said site plan, Exhibit "B" . 10. This site plan proposes the removal of approxi- mately 50 acres of trees. 11. This removal will damage if not destroy a natural area of woodlands within Iowa and therefore infringes on the natural heritage of this state. 12 . Petitioner hereby alleges that Defendant's planned removal of 50 acres of trees is illegal in the following particulars: a) Defendant has a legal obligation to preserve and protect the natural and historic heritage of the State of Iowa; -3- b) This obligation includes the duty to avoid damage or destruction to a natural area, i.e. , wood- lands, including the forested area referenced herein; c) Defendant is required by law to explore and adopt reasonable alternatives to damaging and/or destroying a natural area if such alternatives are not significantly more costly; d) Petitioner himself has hired Randy Van Winkle Engineering Company to devise such an alternative. See attached Exhibit "C, " "Alternative Site Plan. " rn -71 e) This Alternative Site Plan does not dama0e or destroy said woodlands nor does it require the taking r of so much of Petitioner's land; c- un .� f) To date, Defendant has failed to consider"the 2- environmental impact of its adopted site plan, prepared by Howard Green Associates, and has failed to explain why Petitioner's Alternative Site plan is not being considered. COUNT I MANDAMUS 1. Petitioner incorporates by reference paragraphs 1 through 12 herein, and all subparts thereof. 2 . Defendant has refused to meet the aforementioned duties imposed on it by law, to-wit, by Iowa Code Section 314.23 , although Petitioner has requested that Defendant do so. 3 . Defendant should be required to: -4- a) Consider the environmental impact of its adopted site plan, prepared by Howard Green Associates; and b) Consider alternative site plans if said alternatives are less destructive and less damaging to forested areas, including the forested area on Peti- tioner's land, provided that said alternatives do not impose significantly greater cost. WHEREFORE, Petitioner hereby requests that this Court issue a Writ of Mandamus commanding Defendant to take the necessary steps to consider the environmental impact of its adopted site plan, specifically, the effect of its adopted site plan on the woodlands of Petitioner's land; and, that Defendant consider alternatives to its adopted site plan; and, present its Findings of Fact to the Iowa Department of Natural Resources; and that Petitioner be granted such further auxiliary relief as may be proper; and that Defen- r dant be ordered to pay the costs of this action. `o o COUNT II INJUNCTIVE RELIEF r rrl 1. Petitioner hereby incorporates paragraphs 1 ` .c- through 12 herein. 2 . Should Defendant be allowed to proceed with con- demnation efforts and construction of the water treatment facility without considering the environmental impact, both the Petitioner and the State of Iowa will be greatly and irreparably injured insofar as such environmental risks -5- cannot be prevented once construction of the water treatment facility has begun. 3 . Should Defendant be allowed to continue, the pur- poses of Iowa Code Section 314 . 23 and all other relevant Code Sections which require the preservation and protection of Iowa's natural heritage, will be thwarted and, it will be impossible to return the forested area of Petitioner's land T to its preconstruction condition. y. c" Mme. 4. Alternative plans may show that it is not neces - sary to use Petitioner's land at all; therefore, allowiTly, up Defendant to proceed without considering such alternatives would do irreparable injury and damage to Petitioner. 5. The loss of natural heritage and a natural wood- land are not easily determined in precise damage amounts and therefore neither Petitioner nor the State of Iowa would have an adequate remedy at law. 6. This Petitioner filed a prior Petition for Tempo- rary Injunction on Wednesday, November 23 , 1994 , requesting similar relief as an auxiliary remedy to his Petition for permanent injunction, Case No. 55895. Petitioner expects that this Petition for Temporary Injunction will be set for hearing and therefore has not yet been refused by any Court or justice. 7 . An Affidavit supporting this Petition is attached and labeled Exhibit "D" pursuant to the Rules of Iowa Civil Procedure. -6- 8. For the above stated reasons, Petitioner hereby requests that a temporary and permanent writ of injunction issue enjoining the Defendant from proceeding with condemna- tion efforts and beginning construction until it has insti- tuted proper proceedings to consider the environmental im- pact of its adopted site plan, and specifically, the effect on woodlands on the land it seeks to condemn. Petitioner further requests that any additional auxiliary relief as may be proper be granted him and that Defendant be ordered to pay the costs of this action. ((r�ameS P. Glasgow, Pet , Toner VPro/Se v: 64a2060 . 1tg _ .n 0 t`j r� w N) • J W 0 1 f ( 7 '7- Johnson County, Iowa Condemnation Form 5A In the Matter of the Condemnation ) of Certain Rights in Land by the ) City of Iowa City, Iowa, for a ) NOTICE OF Project Located in Johnson County, ) CONDEMNATION Iowa, known as: The Iowa City ) Water Supply and Treatment ) Facilities Project; ) • James Glasgow Parcel ) * * * * * * * * * * To: James Patrick Glasgow 3291 Dubuque Street, NE Iowa City, Iowa 52240 . 0 0 Hills Bank and Trust Company C/o John Benson x' 131 Main Street Hills, Iowa 52235 . '"° Johnson County, Iowa, C/o Johnson County Auditor ry County Administration Building 913 South Dubuque Street Iowa City, Iowa 52240 Johnson County, Iowa, C/o Johnson County Treasurer County Administration Building 913 South Dubuque Street Iowa City, Iowa 52240 And to all other persons, companies or corporations having any interest in or owning any of the following-described real property; Commencing at the Southeast Corner of the Southeast Quarter of Section 33 , Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59 '29"W, a recorded bearing along the South Line of said Section 33 , 2651. 39 feet, to the Southwest Corner of said Southeast Quarter of Section 33 ; Thence N01°07 '29"W, along the West Line of the East One-Half of SectiQn. 33 , 3094 . 32 feet, to its intersection with the Southerly Top of Bank of the Iowa River; Thence S61°43 ' 01"E , along said Top .of Bank, 1.82 feet, to an Iron Pin Set; Thence S67°54 '08"E, 394 . 85 feet, to an iron pin set; Thence S74°11 '04"E, along said Top of Bank, 304 . 33 feet, to the Northwesterly Corner of the Parcel, conveyed by Warranty Deed, recorded in Book 399 , at Page 348, of the Records of the Johnson County EXHIBIT /4. , PAGE _!_._1 -2- Recorder' s Office, which point is the POINT OF • BEGINNING; Thence S74°11' 04"E, along said Top of Bank, 23 .52 feet, to an iron pin set; Thence S73°57 '48"E, along said Top of Bank, 162 . 19 feet, to the Northeasterly Corner of said conveyed parcel, which is 78 . 00 feet normally distant northwesterly of the Former Westerly Right-of-Way Line of U.S. Highway No. 218, now known as Dubuque Street; Thence S14°40 '37"W, along a line parallel with said Westerly Right-of-Way Line, 123 .00 feet, to the Southeasterly Corner of said conveyed parcel; Thence N45°44 '53"W, along the southwesterly line of said conveyed parcel, 38 . 00 feet; Thence N73°57 '48"W, 152. 65 feet, to the Southwesterly Corner of said Conveyed Parcel; Thence N14°40 '37"E, 104. 94 feet, to the Point of Beginning. Said parcel of land contains 0 . 45 acres, more or less, and is subject to easements and restrictions of record. You and each of you are hereby notified that the City of Iowa City, Iowa, desires the condemnation of certain rigkLts land, more specifically described as follows, and as sho ic- 1il4 reference to their location upon the lands affected on the:=pla , Exhibit A, attached hereto: The title in fee simple sought to be appropriated, for the use and benefit of the City of Iowa City, Iowa,c in land described as follows: 1 ry 4C- Commencing Commencing at the Southeast Corner of the Southeast Quarter of Section 33 , Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59 ' 29"W, a recorded bearing along the South Line of said Section 33 , 2651. 39 feet, to the Southwest Corner of said Southeast Quarter of Section 33; Thence N01°07 ' 29"W, along the West Line of the East One-Half of Section 33, 3094 . 32 feet, to its intersection with the Southerly Top of Bank of the Iowa River; Thence S61°43 ' 01"E, along said Top of Bank, 1 . 82 feet, to an Iron Pin Set; Thence S67°54 '08"E, 394. 85 feet, to an iron pin set; Thence S74°11 '04"E, along said Top of Bank, 304 . 33 feet, to the Northwesterly Corner of the Parcel , conveyed by Warranty Deed, recorded in Book 399 , at Page 348 , of the Records of the Johnson County Recorder . Office, which point is the POINT OF BEGINNING; •Thence S74°11'04"E, along said Top of Bank, 23 .52 feet, to an iron pin set; Thence S73°57 ' 48"E, along said Top of Bank, 162. 19 feet, to the Northeasterly Corner of said conveyed parcel, which is 78 . 00 feet normally distant northwesterly of the Former Westerly Right-of-Way Line of U.S. Highway No. 218 , now known as Dubuque Street; Thence S14°40 ' 37"W, along a -3— line parallel with said Westerly Right-of-Way Line, 123 . 00 feet, to the Southeasterly Corner of said conveyed parcel; Thence N45°44 '53"W, along the southwesterly line of said conveyed parcel, 38 . 00 feet; Thence N73°57 '48"W, 152. 65 feet, to the Southwesterly Corner of said Conveyed Parcel; Thence N14°40 '37"E, 104. 94 feet, to the Point of Beginning. Said parcel of land contains 0 . 45 acres, more or less, and is subject to easements and restrictions of record. That the appropriation of the said interests in said property is sought by condemnation proceedings by the City of Iowa City, Iowa, condemner, for a project known as the Iowa City Water Supply and Treatment Facilities Project. Said project, and the condemnation of property pursuant thereto, is being conducted under and by virtue of Chapters 6A• and 6B of the Code of Iowa. A commission has been selected and appointed as by law provided for the purpose of appraising and awarding damages which will be caused by said appropriation and condemnation. You are further notified that said commissioners will on the at 1 : 30 o'clock, .m. , view said a.`� th day of November, 1994, �' Z: o0 o'clock, property and proceed to appraise said damages a .m. , at which time you may appear before said commissioners if ou care to do so. After viewing said property, the commission will meet in the Sheriff 's Office, 511 South Capitol Street, Iowa City, Iowa, for said appraisal of damages. THE CITY OF IOWA CITY, IOWA a Municipal Corporation CONDEMNER Linda Newman Woito City Attorney r=' o ,:::� By: — Da i• E. Brawn '� 7-71 aye .. & Brown ay-, Y o_.: �a B - ger 1201 East •'ashington Street :1% Iowa City, Iowa 52240 (319 ) 337-9606 ATTORNEYS FOR APPLICANT/ CONDEMNER • -4- ACCEPTANCE OF SERVICE Service of the above and foregoing notice is hereby accepted and receipt of a copy thereof acknowledged, and I hereby waive time of service and/or any publication of such notice in a newspaper. Signed at , Iowa, this day of . 1994 • STATE OF IOWA ) ss: COUNTY OF JOHNSON) Received the within notice the day of 1994, and I hereby certify that I have served the same on the persons named below, by delivering a true copy of the same to each of said persons at the time and place set opposite their respective names: Name Month/Day/Year Township/City/Town County State ROBERT CARPENTER Sheriff of Johnson County By: Deputy c cD Fees: Service $ $ Mileage _ ' -....tF _ 1 •MIp� Total $ : cn Johnson County, Iowa Condemnation Form 1 In the Matter of the Condemnation ) APPLICATION TO THE of Certain Rights in Land by the ) CHIEF JUDGE OF THE City of Iowa City, Iowa, for a ) SIXTH JUDICIAL Project Located in Johnson County, ) DISTRICT FOR THE Iowa, known as: The Iowa City ) APPOINTMENT OF A Water Su 1 and Treatment ) COMMISSION TO Facilities Project; ) APPRAISE DAMAGES c) o James Glasgow Parcel. ) >. Cl * * * * * * * * * * -QC": ;7,1 CD 7� - , O ) TO: The Honorable -August F. Honsell, Chief Judge of the xth v Judicial District, Johnson County, Iowa. Cil COMES NOW, the City of Iowa City, Iowa, a municipal corporation, applicant/condemner, and by and through its attorneys, Linda Newman Woito and David E. Brown, states as follows: 1. The public interest requires that certain rights be acquired in certain land hereinafter described, by condemnation proceedings, as authorized and provided by Chapters 6A and 6B of the Code of Iowa. 2. The lands and/or property rights affected and the record owners, lienholders, encumbrancers, and other persons interested therein, are as listed on the Notice of Condemnation attached hereto and made a part hereof, and are shown with reference to their location as to lands affected on the plat (Exhibit A) attached hereto and made a part hereof. 3 . The City of Iowa City desires certain specific rights or interests in the land herein sought to be condemned, to wit: acquisition in fee simple title of the property described in the attached Notice of Condemnation for the construction and emplacement, and for permanent operation, maintenance, protection, repair and replacement of improvements and facilities in connection with the Iowa City Water Supply and Treatment Facilities Project. 4. The City of Iowa City has been unable to secure the described rights 'in lands by purchase and conveyance. 5 . That the land sought to be condemned is not within an agricultural area as provided in Chapter 352, Code of Iowa. WHEREFORE, the City of Iowa City hereby requests the appointment of a compensation commission of six persons qualified • -2- as prescribed in Section 6B. 4, Code of Iowa, not interested in the same or a like question, to view the real estate involved and appraise the damages which the owners thereof, lienholders, encumbrancers , or other persons interested therein will sustain by reason of the appropriation herein sought to be condemned, for . the purpose herein stated, and make their report in writing to • the Sheriff as provided by law. DATED at Iowa City, Iowa, this I4k day of November, 1994. CITY OF IOWA CITY, IOWA, Applicant/Condemner • i • G�z Li da Newman Woito, City Attorney By: E D=vid E. B .owl " a� _yek Hays . Brown Br -r Buil. ng 1201 East Washington Street Iowa City, Iowa 52240 CS` 4,0( 319) 337-9606 �: Ui ATTORNEYS FOR APPLICANT/CONDEMNER C? Filed in duplicate in my office in Cedar Rapids, Iowa, this day of November, 1994 . Z:1:4=-(27, 2 /4/ er Judge .ii the Sixth Judicial District of Iowa. In accord with Section 6B. 3 , subsection 7 , of the Code of Iowa, -3- I, the undersigned, certify that this original Application for Condemnation has been approved by the Chief Judge. - t � D.vid . : ow , Attorney for Ap. =nt Con..emner Subscribed and sworn to before me this _'" `- day of November, 1994 . (17ng, Re_nel-)g/.-6 c_zZietie.,t4) Nofar113-ublic in and for the State of Iowa. LD „4"- CD 0 rr ...114 C-) y J I 77 �r kwr� Q N.) Ui • i • Johnson County, Iowa Condemnation Form 2 In the Matter of the Condemnation ) SELECTION AND of Certain Rights in Land by the ) APPOINTMENT OF City of Iowa City, Iowa, for a ) COMPENSATION Project Located in Johnson County, ) COMMISSIONERS BY Iowa, known as: The Iowa City ) CHIEF JUDGE OF THE Water Supply and Treatment ) SIXTH JUDICIAL Facilities Project; ) DISTRICT James Glasgow Parcel. ) * * * * * * * * * * * * * An Application and Notice of Condemnation having been filed with me by the City of Iowa City, Iowa, applicant/condemner, for the selection and appointment, by lot, of six suitable persons as the law provides 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 the Notice of Condemnation 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 r' ' Licensed Real Estate 1. "f{.7 l�iC,'!s2 ,/,,..:;L l� Salesperson or Broker / w r-. r ., ie' O 2 • 7�X ," /•4�"lc,`7C� Licensed Real Esta''te c-, `ri r Salesperson or Bremer 4.; , " �� Knowledgeable of off:; ,E 3 . /�f ltl, .-'?,-.1,j . `" Property Values igy .\.) Virtue of Occupation cn a, A1v�/ A �'/�e �f �� �� Knowledgeable of Property Values by Virtue of Occupation / ,j '''`Z-71. ,47 -City Property f 6 . , /%<<,JI &-1l a 'letr c 2'7 l Zf Owner-City Property -2- I furt er designate, select, and appoint the above-named to act as Chairperson of said Commis on. TO THE SHERIFF OF JOHNSON COUNTY, IOWA: Attached hereto please find a duplicate of the Application for Condemnation in the. above-entitled matter. . /> >� Iowa, this / day of Dated at C t-i ' November, 1994. - ,el �.•/t/� AUGUST F. HONSELL Chief Judge of the Sixth Judicial District including Johnson County, Iowa. Filed in my office at Iowa City, Iowa, this fC & day of November, 1994 . (-221A017147.k. ROBERT CARPENTER+, Sheriff of Johnson County, Iowa o � r / ff L`1I ;Cr= Z kCfi l Johnson County, Iowa Condemnation Form 2A In the Matter of the Condemnation ) SUPPLEMENTARY ORDER of Certain Rights in Land by the APPOINTING ALTERNATE City of Iowa City, Iowa, for a ) COMPENSATION Project Located in Johnson County, ) COMMISSIONERS BY THE Iowa, Known as: The Iowa City ) CHIEF JUDGE OF THE Water Supply and Treatment ) SIXTH JUDICIAL DISTRICT Facilities Project; ) James Glasgow Parcel. ) . * * * * * * * * * An Application and Notice of Condemnation having been filed with me by the City of Iowa City, Iowa, applicant/condemner, entitled as above, for the selection and appointment, by lot, of a duly constituted compensation commission, and said selection and appointment having been made by me, I. further designate, select, and appoint the following persons to serve as alternate members of said compensation commission, in the event that any of the said members having the same qualifications are unable to serve for any reason. NAME ADDRESS QUALIFICATIONS 1 . 1� -' / dZ7 .4i ,j;A- d':-/4 Licensed Real Estate Salesperson or Broker 2 . -',<1/ " ,. .e. '' �,, Licensed Real Estate Salesperson or Bro er A �� 4, Knowledgeable of -1—=.77- c�3 Property Values b�''- ; a� Virtue of OccupattOn 4.. ‘1,4//`-r/z /C-fr'-1Z Knowledgeable of -, Property Values &i Virtue of Occupation /`Z `Z / ' 5 . / 7 Owner-City Property i .. // 6 . /4L6e-- 471 j Owner-City Property The Sheriff of Johnson County, Iowa, shall, upon being informed of a vacancy in the compensation commission, notify the as the alternate member appointed having the same q person unable to serve in the same manner as the original commissioners were notified. -2- Dated at Cedar Rapids, Iowa, this =L — day of November, 1994. Z./1"<-7, 1/ AUGUST F . HONSELL Chief Judge of the Sixth Judicial District including Johnson County, Iowa, Iowa City, Iowa, this L!-L=s- day of Filed in my office at Y November, 1994 - c?r,„AkikAt ROBERT CARPENTER ''. 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H12i0N `` Nnals3a3d y' L �`-- ...vim ibb°) /i � / OrOa 331A/13S� • '- �� ' 0! Di lIY •�,.',. - 03d . 1 IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY JAMES P. GLASGOW, ) ) EQUITY NO. PETITIONER, ) AFFIDAVIT vs. ) `ia o CITY OF IOWA CITY, IOWA, ) fc:-", 4471 DEFENDANT. ) ..q .171 rn - to STATE OF IOWA ) S> r t SS. rt COUNTY OF JOHNSON ) I, the undersigned, do hereby certify: 1. That I am the owner of approximately 4 . 16 acres at 3291 Dubuque Street N.E. , Iowa City, Iowa 52240. 2 . That on and nearby the land which I own at this location are woodlands which constitute a natural heritage for the State of Iowa. 3 . That I have been served with condemnation papers by the City of Iowa City which seeks to condemn not only my land but the land on which the entire 50 acre site of wood- lands sits. 4 . As condemnee and as a citizen of the State of Iowa, I will suffer by said condemnation proceeding in the loss of my land and in the loss of the natural heritage of the State of Iowa. 5. That such loss to me as a citizen and to me as condemnee would constitute a great and irreparable injury for which no legal remedy is available. .� J ` James P. Glasgow, Petitioner EXHIBIT �J PAGE -2- Subscribed and sworn to before me this z day of /L0/60.- , 1994. o `% KIMBERLY A.DAVIS / 6.ixt (i-,t— 4 . Dei.,c, 1 MY COMMISSION EXPIRES j,w' July 8,1996 Notary Publig in and for the Stat of Iowa v: 64a2061. 1tg © �' d: /^� Y i W r4 v, END OF CASE FILE IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY JAMES P. GLASGOW, ) PLAINTIFF, NO. Sa05 vs. ) THE CITY OF IOWA CITY, ) ORIGINAL NOTICE DEFENDANT. ) TO THE ABOVE-NAMED DEFENDANT: You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above- entitled action, a copy of which petition is attached hereto. The Plaintiff's attorney is Teresa R. Wagner whose address is 920 S. Dubuque Street, P.O. Box 2000, Iowa City, IA 52244 . You are further notified that unless, within twenty days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the petition. EDWARD F. 7 a)(1 >20-gueec--- 441-ta C K OF THE ABOVE COURT V J nson County Courthouse Iowa City, IA 52240 v:64a2229. 1tg o n ..i sj "1'13 / .3 /0. 3 o i4,/- 14.- IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JAMES P. GLASGOW, ) NO. 5624,5 -� til PLAINTIFF, ) -� PETITION . vs. ) THE CITY OF IOWA CITY, ) DEFENDANT. ) ,is" ;. COMES NOW, James P. Glasgow, Plaintiff herein, and pur- suant to Iowa Code Section 21. 6 or the enforcement provision of what is also known as "Iowa's Open Meetings Law, " submits as follows: FACTS 1. Plaintiff James P. Glasgow (hereinafter "Plaintiff Glasgow") is a resident of Iowa City, Johnson County, Iowa and a citizen of the State of Iowa. 2 . Defendant City of Iowa City (hereafter "Defendant City") is a municipal corporation in the City of Iowa City with its principal place of business in the same, in Johnsdia rn County, Iowa. l' cl n ry 3 . The City Council of Defendant City is a -71 '� "governmental body" which holds "meetings" as defined (by Iowa Code Section 21. 2 and is, therefore, subject to the rem quirements of the entire Chapter 21 of the Iowa Code. 4. On the 2nd day of August, 1994 , the City Council of Defendant City held a special meeting at 7: 00 P.M. 5. At 7: 07 P.M. at that special meeting, Council mem- bers voted to adjourn to an executive session to hold a -2- closed meeting as is evidenced by attached Exhibit "A" in- corporated by reference herein. 6. The alleged grounds for said closed meeting were "to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disad- vantage the position of the governmental body in that 7, gation. " See Exhibit "A" . The City Council , therefore1 held a closed session pursuant to Iowa Code Section _ _ ca 21. 5 (1) (c) . y _� 7 . Following this closed session meeting, the Council of Defendant City enacted Resolution Number 94-272 which au- thorized Defendant City to purchase land for the ostensible purpose of a water treatment facility and "other multiple shared uses, " as is evidenced by the attached copy of said Resolution, marked Exhibit "B, " and incorporated by refer- ence herein. 8 . A formal request was made on November 23 , 1994, to the City Clerk of Defendant City, Marian Karr, for the min- utes, tapes, notes, and other tangible things resulting from said closed session. Please see attached copy of said cor- respondence, marked Exhibit "C" incorporated herein by ref- erence. 9. Defendant City refused to produce said minutes, tapes, notes, and other things. Please see attached copy of letter of December 6, 1994 by Marian Karr, marked as Exhibit "D" and incorporated herein by reference. U, • -3- nj N -A COUNT I I-' -A ILLEGAL MEETING 10. Plaintiff Glasgow herein incorporates by reference above paragraphs 1 through 9 . 11. The City Council of Defendant City held a closed meeting illegally, that is, in violation of Chapter 21 of the Iowa Code, in that: a) The alleged grounds of discussing litigation, as allowed by Iowa Code Section 21. 5 (1) (c) was a pre- text; b) The true purpose of this closed meeting was to discuss the purchase of property as is evidenced by Exhibit "B" ; c) The City Council of Defendant City failed to disclose this true purpose because Iowa law only per- mits the Council to meet in closed session to discuss the purchase of real estate: . . .where premature disclosure [of the purchase of a particular real estate] could be reasonably expected to increase the price the governmental body would have to pay for that property. Please see Iowa Code Section 21. 5 (1) (j ) . Because De- fendant City had disclosed to the public its intention to purchase the property selected by Howard R. Greene months before the meeting of August 2 , 1994 , it could not meet the above cited condition and therefore could -4- `o rci '11 r-... not avail itself of these grounds for a closed meeting. despite the fact that this was the true purpose. : -- WHEREFORE, Plaintiff Glasgow requests that this Court compel Defendant City to produce the requested minutes, tapes, notes and other things resulting from the illegal closed meeting on August 2, 1994 and take whatever other ac- tion this Court deems appropriate and equitable under law. COUNT II ILLEGAL WITHHOLDING 12 . Plaintiff incorporates herein paragraphs 1 through 11 herein by reference. 13 . Defendant City therefore also illegally withheld minutes, notes, tapes, and other things of said illegal meeting. WHEREFORE, Plaintiff Glasgow requests that this Court compel Defendant City to produce the requested minutes, tapes, notes and other things resulting from the illegal closed meeting on August 2 , 1994 and take whatever other ac- tion this Court deems appropriate and equitable under law. COUNT III OTHER ILLEGAL MEETINGS 14 . Plaintiff incorporates herein by reference above paragraphs 1 through 13 . 15. In addition to the above referenced special meet- ing, Defendant City has held other closed meetings concern- ing the purchase of property for the acquisition of land, on the following dates: September 13 , 1993 ; January 3 , 1994 ; -5- March 8, 1994 ; April 25, 1994 ; July 11, 1994 ; and July 18, 1994 . 16. Pursuant to Iowa Code Section 21. 5, the minutes from these closed sessions should now be made available to the public as the information contained therein can no longer reasonably be expected to increase the price of the properties concerned. WHEREFORE, in addition to Counts I and II, Plaintiff further requests that this Court order that the minutes, tapes, and other tangible things resulting from these addi- tional closed sessions be made available immediately to the public and that this Court order such other equitable relief as this Court deems necessary. BARKER, CRUISE, KENNEDY & HOUGHTON B [\-11P Y Teresa R. Wagne 014130 920 South Dubu S eet P.O. Box 2000 Iowa City, IA 52244 Attorney for Plaintiff v: 65B2719. 1tg ca c-) r-} N ""'" fr."' CO COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES AUGUST 2, 1994 Iowa City City Council, special meeting, 7:00 p.m. at the Civic Center. Mayor Horowitz presiding. Council Members present: Baker, Horowitz, Kubby (7:25), Lehman, Novick, Pigott. Absent: Throgmorton. Staffmembers present: Atkins, Helling, Gentry, Burnside, Karr. Council minutes tape recorded on Tapes 94-99, Side 1. Moved by Pigott, seconded by Baker, to adjourn to executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried unanimously, 5/0, Kubby, Throgmorton absent and adjourned into executive session 7:07 p.m. Council returned to open session 7:27 p.m. Moved by Pigott, seconded by Baker, to adjourn 7:28 p.m. The Mayor declared the motion carried unanimously, 6/0, Throgmorton absent. • j(.4.,4144,(.21, 9Susan M. Horowitz, Mayor 7Nz 4 // Marian K. Karr, City Clerk shared/ccierk\cc0802a.mi n O p c•-:. rn � n 3 N ' -J EXHIBIT.-_-A PAGE • RESOLUTION NO. Q4_ 7, RESOLUTION AUTHORIZING THE ACQUISITION OF A WATER TREATMENT FACILITY SITE. ACQUISITION OF THE IOWA RIVER POWER DAM, ACQUISI- TiON OF WELL SITES, ACQUISITION OF WELL PROTECTION EASEMENTS AND ACQUISITION OF WATER MAiN, SANITARY SEWER AND OTHER • NECESSARY EASEMENTS, ALL IN CONJUNCTION WITH THE PROPOSED IMPROVEMENTS TO THE CITY'S WATER TREATMENT FACILITIES PROJECT. WHEREAS, the City of Iowa City has undertaken a project to improve its water treatment and water collection facilities, hereafter collectively referred to as the "Water Treatment Facilities" or the "Water Treatment Facility;" and WHEREAS, the City Council has determined that construction of the Water Treatment Facility is a valid public purpose under state and federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate, and maintain the proposed Water Treatment Facility in order to protect the City's various raw water sources; and WHEREAS, the City's consultant, Howard R. Green Company, has determined the location of the proposed Water Treatment Facilities, including multiple and compatible shared uses of lands acquired for the primary functions of protecting the City's water treatment and water sources; and WHEREAS, City staff have also recommended that multiple shared uses of lands acquired for the Water Treatment Facilities should be permitted, where those uses are compatible with the primary function of water treatment and protection, e.g., recreational_trails_; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, SE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 . The City Council finds it id in the public interest to acquire property rights by warranty deed, quit claim deed and/or easement for the construction of the Water Treatment Facility, which Facility constitutes a public improvement under Iowa law. The City Council further finds that acquisition of.said property rights is necessary to carry out the functions of the Water Treatment Facility, and that such Water Treatment Facility constitutes a valid public purpose under state and federal law. 2. The City Council further finds it is in the public interest to combine shared uses of public property which can serve cross-functions where those shared uses are compatible, one with another. Specifically, the City Council finds that multiple shared uses of lands acquired for the Water Treatment Facilities should be permitted, where those uses are compatible with the primary function of water treatment and water protection. e.g., recreational trails. This Council further finds that multiple, sem` 'erred uses of lands herein acquired demonstrates fiscal responsibility and good---st a ship _1 tp--.. N 6 EXHIBIT �` 4 PAGE a �. co 2'7 2 • 'of public lands, and will promote and protect the safety, health and welfare of the • citizenry of Iowa City. • 3. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit claim deed and/or easement for the construction, operation and maintenance of the Water Treatment Facilities, including any property, rinhts associated with multiple shared uses where the shared rices are compatible with the primary use as a Water Treatment Facility, e.g., recreational trails. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to purchase property rights by warranty deed, quit claim deed and/or easement agreements far recordation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Water-Treatment Facility cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate • condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Water Treatment Facility, including property rights • . associated with multiple shared uses which are compatible with the primary functions of the Water Treatment Facilities, all as provided by law. Passed and approved this day of ..__ , 1994. / 1 G� MAYOR C Approved by AI I ES T: //7(2 J �- - 712?�v' '.� - CITY-CLERK City Attorney's Office • It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ASSENT: Baker ' V Horowitz *.:(7; rrn Kubby > C) • Lehman . Novick xA Pigott G:;. Throgmorton •9' CO Page', 2 of Resolution No. 94-272 Z72 • BARKER, CRUISE, KENNEDY & HOUGHTON LAWYERS 920 5.DUBUQUE STREET•P.O.BOX 2000 CHARLES A. BARKER IOWA CITY, IOWA AREA CODE 319 JOHN D.CRUISE 52244 TELEPHONE MICHAEL W.KENNEDY 351-8161 JAMES D. HOUGHTON November 23 , 1994 FAX 319.351-0605 STEVEN C.ANDERSON1.10 TERESA R.WAGNER '� I, m C) Ms. Marian K. Karr — City Clerk c City of Iowa City z- 03410 E. Washington Iowa City, IA 52240-1826 • Re: Open Meetings Law Minutes, Tapes, Notes, Etc. of all Meetings Where Purchase of Glasgow - Washington Park Property Was Discussed (For the Water Treatment Facility Project of 1994) Dear Marian: Please consider this a formal request for minutes, tapes, notes and/or other records and things of any sort regarding the City's attempt to purchase the property north of I-80 for the wa- ter treatment facility project of 1994 , to-wit: The Glasgow - Washington Park land. We make this request pursuant to Iowa's Open Meetings Law, or Iowa Code Section 21, which requires that governmental bodies meet and make such meetings open to the public and that public records be easily accessible to the people. We are asking for these items, therefore, as members of the public. We are aware that governmental bodies can, in some in- stances, hold closed session meetings under Iowa Code Section 21. 5 . None of these sections, however, apply. In particular, Section 21. 5 (1) (c) , which reads: A governmental body may hold a closed session only to the extent a closed session is necessary for any of the following reasons: To discuss strategy with Council in matters that are presently in litigation or where liti- gation is imminent, where disclosure would be likely to EXHIBIT PAGE . 'Ms., Marian K. Karr Page -2- November 23 , 1994 prejudice or disadvantage the position of the govern- mental body in that litigation. This section is not applicable here because the City's counsel, Linda Woito was excluded from these discussions. Section 21. 5 (1) (j ) , which reads: A governmental body may hold a closed session . . . to discuss the purchase of particular real estate only where premature disclosure would be reasonably expected to increase the price the governmental body would have to pay for that property. It is also not applicable since it turns on the premature disclo- sure of the governmental body's purchasin•g. plans. Because the City of Iowa City has disclosed its intention to purchase the Glasgow - Washington Park property many times in public, and, be- cause the owners were sent condemnation papers last week, there is no risk of premature disclosure here and this section cannot obtain. Please let us know as soon as possible when these materials can be ready for us. If you wish for us to come to the City of- fices, that, of course, can be arranged. Just let us know when we can come. I thank you for your prompt attention to this matter. Very truly yours, Teresa R. Wagner TRW/dc cc: James P. Glasgow - w � John D. Cruise CD C:7 L: 61b2593 . 1trrri = u C7_�= N Asa { �m "1 CD 37, co r dig 6 .,r.i ,,•..!,..,. 1 1 It i;11 7 1 i 1 F.ro;ri r. ,-.,,,,. CITY OF IOWA CITY December 6, 1994 Ms. Teresa Wagner Barker, Cruise, Kennedy & Houghton 920 S. Dubuque Street PO Box 2000 Iowa City IA 52244 Dear Ms. Wagner, I am in receipt of your letter of November 23 , 1994 , requesting information on the City' s purchase of property north of 1-80 for the water treatment facility project. Any information on the above mentioned project discussed at Council work sessions and/or formal meetings is available in my office. As you know an index of all discussions is available and my staff will assist you in making copies. I have been informed by City Attorney Woito not to disclose information from Council executive sessions on the above named project, since release of any information is governed by Section 21. 5 (4) Code of Iowa, 1993 . Please let me know if I can be of further assistance. Sincerely, /1-La-4-62e.---fre.-) (e ,e4.--1... %JO Marian K. Karr, CMC/AAE cs 'L-- 0 City Clerk } C-) 4 ii c"...4:: 1.\.) ...... cc: City Attorney — -4 Irmo City Manager =;c--- ,� _r 9 4 -- c);`,,- �} co EXHIBIT -b----, PAGE 410 EAST WASHINGTON STREET • IOWA CITY. IOWA 52240-1626 • (319) 356-5000 • FAX (319) 356-5009 END OF CASE FILE THE 1011YA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE Official F9rm No.301 OF THIS FORM,CONSULT YOUR LAWYER rn THE IOWA DISTRICT COURT '- 3 JOHNSON COUNTY -,fi —F, 741 CgCfl EASTERN IOWA DRYWALL SUPPLY, INC. , FEDERAL ID # 42-1411142 Plaintiff(s), LAW ❑ EQUITY ® No. S.51172- vs. 51172vs. THE CITY OF IOWA CITY, DENNIS ORIGINAL NOTICE DELLA VEDOVA, INC. , and PYRAMID CONSTRUCTION SERVICES, Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The plaintiff's(s') attorney is Walter J. Steggall , Jr. whose address is 1203 Third Street SE, Cedar Rapids , Iowa 52401 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. 1/ 7yi� (SEAL) CLERK OF THE ABOVE COURT Johnson County Courthouse Iowa City , Iowa 52244 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. %The Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE This Printing December,1991 Revised January,1991 0 0 r 0 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY( -0 rn o N EASTERN IOWA DRYWALL SUPPLY, INC. ) CJI LAO FEDERAL ID# 42-1411142 ) Plaintiff, ) NO. 55171 vs. ) i THE CITY OF IOWA CITY, DENNIS ) PETITION IN EQUITY FOR FORECLOSURE DELLA VEDOVA, INC. , and PYRAMID ) OF MECHANIC'S LIENc~' CONSTRUCTION SERVICES, ) � C Defendants. ) on CP v COMES NOW, Eastern Iowa Drywall Supply, Inc. and hereby states as follows: 1. The Plaintiff is an Iowa corporation and is authorized to conduct business in Johnson County, Iowa. 2. The City of Iowa City is a municipal corporation located in Johnsson County, Iowa 3. That Dennis Della Vedova, Inc. is an Iowa corporation authorized to conduct business in the State of Iowa with its principal place of business located in Albia, Iowa. 4. That the Defendant Pyramid Construction Services is an Iowa corporation authorized to conduct business in Johnson County, Iowa . 5. That the Plaintiff furnished certain materials to Pyramid Construction Services, a subcontractor, in connection with a public improvement to the Iowa City Civic Center, located at 410 East Washington Street, Iowa City, Iowa. 6. Pyramid Construction Services was a subcontractor on said improvement project to the general contractor, the Defendant Dennis Della Vedova, Inc . The owner of the real estate on which the public improvement was conducted is the City of Iowa City. 7. That after allowing all credits and setoffs there is due and owing to the Plaintiff the sum of $2,702. 55, plus interest as allowed by law. 8. That the Plaintiff had filed a Mechanic ' s Lien on this project on July 9, 1992 in the office of the Clerk of the District Court in and for Johnson County, Mechanic ' s Lien No. 4884. 9. That the legal description on the real estate involved in this public improvement project is as follows: Iowa City Civic Center, Block 44 of original town of Iowa City WHEREFORE, the Plaintiff prays for judgment jointly and severally against the City of Iowa City, Dennis Della Vedova, Inc. , and Pyramid Construction Services in the amount of $2,702.55, plus interest as provided by law, and the costs of this action. Further, the Plaintiff prays that the Court determine that the Plaintiff has a valid and enforceable Mechanic' s Lien against the real estate located in Johnson County, Iowa, legally described as follows: Iowa City Civic Center, Block 44 of original town of Iowa City Further, the Plaintiff prays that the Mechanic ' s Lien previously filed in this matter be foreclosed against the real estate, and further that upon entry of judgment herein in favor of the Plaintiff that a special execution issue for the sale of the real estate legally described above from the Johnson County Clerk of Court to the Johnson County Sheriff for the sale of the above described real estate for the purpose of o ` satisfaction of the judgment entered herein in favor of the Plai ff. ::1 IN) o=,7 ( JloJ Walter J. Stkg 411 , Jr. (LI 1008310) 1203 Third Street SE Cedar Rapids, Iowa 52401 (319) 363-7401 ATTORNEY FOR PLAINTIFF STATE OF IOWA ) ) ss: LINN COUNTY ) I , Mary Dimmer, being first duly sworn on oath do depose and state: That I am the President of the Plaintiff in the above matter, that I have read the foregoing Petition in Equity for Foreclosure of Mechanic's Lien, know the contents thereof and that it is correct and complete and that the facts therein contained are true. Mary Dimmer SUBSCRIBED AND SWORN to before me by the said Mary Dimmer on this 7 day of February, 1994. (2a/tyr.J.4//e- NOTARY PUBLIC, STA E OF IOWA to E5 -n C7 N + -�?-rrim LO r �. -. - r.^cwnwlRIARPLC77�.1.1.6 7+7+ -- --- Fes. y 40/1A.:seaSTATEMEN EASTERN IOWADRYwALLSUPPLYiINC Drywall Supply -;t. / I . ' 4601 -6th Street S.W. DATE 06/25/92 DATE 06/25/92 I Cedar Rapids, Iowa 52404 �1 fir 1. (319) 366-8993 or(800)332-8993 ACCOUNT NUMBER ACCOUNT NUMBERr3e/ :g;? FAX:(319) 366-4027 Pyramid Construction Services INSURE PROPER CREDIT Paul O'Neil POLEASE CHECK THOSE ITEMS .• P.O. Box 8222 BEING PAID IN THE' ' Des Moines, l A 50301-b222 COLUMN AND RETURN THIS . PORTION OF THE STATEMENT _ WITH YOUR PAYMENT. • I - REFERENCE DATE ;CODE' DESCRIPTION AMOUNT BALANCE REFERENCE cae, AMOUNT ... - •• 7087/00 02/10/92 I UE Order 11 6//00 $18.01 $/8. 01 087/00 I I 478:01-• • FCO2-920102/25/92 F- finance Charge at $33. 17 $111. 16 -0O2-9 F i $X.4: 1% 089803 .03/25/92 I UE Urder it 89803 $353. 54 $464. 12 089803 I i$Jb.3.54 FC03-92005/25/92 f finance Charge at $30.90 $495.62 -C0:3-9 - tf;SfO."i(0 • 089995 03/31/92 I LE Order F* 89995 $92. 12 $588. 34 08999:, I • $9 ...7 , -090303 04/0.//92 1 O2 Order # 90303 $523. 24 $1, 111.58 090303 1 $523.24 10901/1 04/16/92 I UE'Urder $ 90111 $480. 1 / $1,591. /5 090//1 I x$480. 17 . 090877 04/16/92 1 OE Order $ 90677 $63.44 $1,655. 19 09087/ 1 $63.44 - FC04-92004/25/92 F Finance Charge at $1. 43 $1,662.62 rC04-9 $/.43, FCO5-92005/25/92 F finance Charge at $24.94 $1, 687. 56 -L:05-9 L $24.94 092981 06/05/92 I LE Order * 92981 $144.21 *1,831. // 092981 I 1244.21 . 092992 06/05/92 1 LE Order * 92992 - $205. 52 $2,037.29 092992 1 1205.52 093294 06/12/92 I LE Urder 11 93294 *453.25 $2,490.54 093294 I 4453.25 093982 06/24/92 1 LE Order * 93982 $186. 70 $2,677. 24 093982 1 4186.70 Fu06-92006/25/92 F Finance Charge at $25. 31 $2, 102.55 =C06-9 ' $25.31 E k - f C-CR MEMO P-PAYMENT A-DISCOUNT F-FINANCE PLEASE $4 i0 -. 55 $�,7(1Q.5`.r r..t'CODES D-DR MEMO I-INVOICE ALLOWED CHARGE PAY TOTAL CURRENT T''8" 30 DAYS 60 DAYS • 90 DAYS a .„. ,'',. . .$1,014.99 • $24.94 $1, 161.100 $495.62 ALLINNTERESTWILLBECHARCiEDON 's. ALL INVOICES PAST 30 DAYS.1.116 PER• •i: :i { - - - - - - - - - - - - ANNUM($2.00 MINIMUMl� ...... .+r LO O -'+T �. GOa•or c."--c- N r-n �- O73 N • . .•021 _4an. INVOICE irsSu l � Drywall PP Y Inc. CEDAR RAPIDS,REET IOWA 52404 INVOICE NO• 87700 (319) 366-8993 (800) 332-8993 FAX:(319) 366-4027 CUSTOMER CODE: FY'�rkl TO: SHIP TO: I'yI'amid Construction Services Pyramid Construction Services P. U. Box 8222 Delivered hp Iowa City Civic Lent er Des Moines, 11a z-J0301-8222 Gilbert lid. INV. DATE 02/ 10/4-1c SHIP VIA FOR TERMS 11LIV. 10th/I to • NOT BEFORE O`/0.S/92 PROMISED on FE FREIGHT P O NUMBER 8`44; COMMEN IS QUANTITY ITEM NUMBER/DESCRIPTION LOC UNIT PRICE EXTENDED PRICE 18 3WANG2 2 X 2 X 10' 20 Ga Wal 1 Any 1 ? 4. 167 $ 75. 01 -nC?—C fV _ l -o O Q • Sale Amount $75. 01 Tax $3. 00 • C� Freight S. Q►0 YOU CAN SAVES '" Com' • Misc Chgs $. 1110 BY FAYING THIS INVOICE ON OR l of a l Sale $78. 01 BEFORE . No Discount l; r . .'1 .A;i':r ThLS Date Total amount clue on (he 151h Al I.SPFCIAL ORO)FR ITFMS ARF NON RF;IrRNARLE. ORIGINAL osteviffb, INVOICL oirmAmf Drywall Supply Inc.� PPY QQ- Q 4601 - 6TH STREET S.W. INVOICE NO: Ag803 CEDAR RAPIDS, IOWA 52404 (319)366-8993 (800) 332-8993 FAX:(319) 366-4027 CUS TOMER CODE: I-,Yb0 TO: SHIP TO: Pyramid Construction Services Pyramid Construction Services P. U. Box 18222 Delivered I'o Iowa City Civic Center Des enter- Des Moines, IN b0301-8228 Gilbert Hd. Iowa City INV. DATE 03/25/92 SHIP VIA F 0 B TERMS 10-/.-1 th/MO NOT BEFORE 03/24/92 PROMISED DATE FREIGHT P.O. NUMBER 84b99 COMMENTS .QUANTITY, 'ITEM NUMBER/DESCRIPTION .:. LOC UNIT PRICE EXTENDED PRICE 8HW300 3x16x48 Sab Insulation- 32 s 10. 41 $260. 25 1 bBXHL1 L x 1 1/4" Hi-Low Screws 8M 48. 71 $48. 71 w O n-i c� o 0 • Sale Amount f;s08. 96 • Tax $12. 36 Freight $32. c2 Misc Chgs x. 00 Total Sale $3b3. 54 • ALL SPECIAL ORDER ITEMS ARF NON-RF I IIRNARI F noI( I lAI eastort INVOICE I OA Drywall Supply Inc. 4601 - 6TH STREET S.W. INVOICE NO: 89995 CEDAR RAPIDS,IOWA 52404 (319) 366-8993 (800) 332-8993 FAX: (319) 366-4027 CUSTOMER CODE: P t-Aci TO: SHIP TO: Pyramid Lonstruct ion Services Pyramid Lonstruction Services P. O. Box Picked Up Iowa Lity Livic Lenter Ues Moines, 10 n0301-82.:22 INV DATE I3/31/'32 SHIP VIA FOB TERMS 110%-llilth/110 NOT BEFORE 0,3,,,,,s0/9;„: PROMISED DATE FREIGHT P.O. NUMBER 84844 COMMENTS 7. frp.f.NUMBER/DESCRIPTION LOC UNIT PRICE EXTENDED PRICE 4 2XDUH-1 Fl Ext Durock 1 ape 4"X150' 1 b. 1 /HI.J1.4 4 1/2" Strght Bld/Hot Knife . 83 $25. 83 .4,a .;;; : • • " • -0 • •• rrl CD= " cp CD • • • ' Sale Amount $3. 57 • ' . " • Freight $. 01Z1 Misc,Chgs S. 00 Total Sale $92. 72 . teva INVOICt D all Supply� PP Y Inc. 4601 - 6TH CEDAR RAPIDS STRI WA 52404 EET S.W. INVOICE NO: 90003 (319) 366-8993 (800) 332-8993 FAX: (319) 366-4027 CUSTOMER CODE: 1-:'Y50 TO: SHIP TO: Pyramid Lonstr'. ction Services Pyramid Construction Services P. U. box 8222 Picked Up By I-'aul O' Neal Iowa City Civic Lenter Ues Moines, II_a 50301-8222 INV. DATE /14/111//`jc SHIP VIA FOB TERMS 1.0/-lI/Ith/Mo NOT BEFORE k14/I116"2 PROMISED DATE FREIGHT P.O. NUMBER 86 `-''3 COMMENTS QUANTITY • "ITEM NUMBER/DESCRIPTION :. LOC UNIT PRICE • EXTENDED PRICE 3 U(-IL f- Ut L1l1-Perp Formula 38 (adhea c. 39 $./. 1./ / I SH45 Scrub I op - tx-Large 9. /c $ 1'1. 44 1. 044226 SDF 22PB I LUPINO PINS ( 1000) 213. ./5 $213. /5 1. 110 050 309 . ; / Cal Short Maq. YELLUW 1000 k7. 00 $. 00 1� •/DUS12 Ea 3M 8/10 Dust Mask '. 84 $1 . 35 .3 /SLI'0c PHILLIPS UNIVEN #2 SCREW 81 0. 56 $1. 68 20 /E -lk i Pura-F- i t Ear P1 ups 0. 33 $6. 60 4111 320SS 5/8 X12' c0 Lia St lids 4. 2 / $ 1 /0. 68 2111 320615 1 b/b" X1c' ciL► Lia Studs .6. 1o6 / $61. 64 4 320115 1 5/8 X 10' 20 Lia I rack c. 2/8 $9. 11 • • • • Sale Amount $503. 12 • • i ax $20. 12 • kOI `), IOVMOI Freight COO A1313 ,/.113 Misc Chgs $. 00 Total. Sale $523. 24 00 .L Idd ZZ 03J 16 .. owerk INVOICE Drywall Supply� Inc. - 4601 - 6TH STREET S.W. INVOICE NO: 90771 CEDAR RAPIDS, IOWA 52404 (319) 366-8993 (800) 332-8993 FAX: (319) 366-4027 CUSTOMER CODE: 1,y; kl TO: SHIP TO: Pyramid L.unsi:r'.(LI ion .ier vices Pyramid L.onstruction Services P. O. Box 82if.c Picked Up 6y Paul U' Neal .Iowa LitV Civic Lenten 1)es Moines. 1N 70301 -Hc:c INV. DATE I I4/ 11./'J i' SHIP VIA FOB TERMS it / - lklth/MO 1 NOT BEFORE 04 j 1 t..,,/1.7p&: PROMISED PATE FREIGHT P.O. NUMBER 8b 154 COMMENTS -,'.QUANTITY - • ITEM NUMBER/DESCRIPTION LOC UNIT PRICE EXTENDED PRICE 2XUSt-- i 1 /2 X3Iw.P USL, belt--iad r Ial.e /. c $14. 44 1 XI-L 1 1 X 100' Roll Flex ex Tape 11. 39 $ 11. 39 4016205;35 3 5/8 X1.2' 20 Lia Studs 4. Lb'/ $1./0. 68 5111 6LIUi U1 I-'cs 1 1/4 X 10' Corrlerbead 0. 93 $46. 50 1 SbXHL1 bx 1 1 /4" Hi-Low Screws 8M 48. 00 $48. 1I1 1 /;6P050 SPUHJL5 - ►-'1c13 IJF 111r<t1_ ;). c8 $b. 28 1 0948A, I K1> 500'LI Drywall I oo l 142. 22 $142. 22 ,5 iscGeb Magnetic 8i1 Holder-110111 1 / 4 6. b1 $ 19. 83 3 /b1;102 PHILLIPS L.JHIVEI< 112 SURF-_,i 81 0. 56 $1. 68 .3 /`iCINc PHILLIPS I.)R1VLN #c SCHF4 01. 0. 5b $ 1. 68 • 1 . Sale Nmount $461. -/0 ..... . . fax $ 18. 47 Wei 01MIO WWI . Freight $. 00 • • ' I2l3-I3 AIM Misc Chgs $. 00 Total Sale $480. 1 / 00 :F., Wd Z-e Eli 416 u .j `meg -*fah INVOICE I 0011 Drywall Supply Inc. � PPY 4601 - 6TH STREET S.W. INVOICE NO: 9087 CEDAR RAPIDS,IOWA 52404 (319) 366-8993 (800) 332-8993 FAX: (319)366-4027 CUSTOMER CODE: "b° TO: SHIP TO: Pyramid Lonstruct1on Services Pyramid Lanstruction Services P. U. Box 822: Kicked Up By Paul U' Neal I L:L:L: Des Moines, lla INV. DATE k�4/16/�jc 1k '.--lOth/Mo SHIP VIA F O 8 TERMS NOT BEFORE 04/16/Y2 PROMISED DATE FREIGHT P.O. NUMBER 86 1 80 COMMENTS ?.QUANTIT1f ' • ITEM NUMBER/DESCRIPTION • LOC UNIT PRICE EXTENDED PRICE t-j0 6VJ�4Bl '6/8 X 10' Vinyl J brim 1. 22 461. 00 • • • • • Sale F4mount $61. 00 ax S'2. 44 X 101 ;�.�13 V'P10 Freight S. 00 A1310 A ! la • Mise Chgs $. 00 Total Sale • $6s. 44 00 :C Wd zz 04 % U 3 1I t/' yteiv4 INVOICE 100' Drywall Supply � �'YW Inc. 4601 - 6TH STS. CEDAR RAPIDS,REET IOWA 52404 INVOICE NO 9 981 (319) 366-8993 (800) 332-8993 FAX: (319) 366-4027 CUSTOMER CODE I-'Y TO: SHIP TO: Pyramid Construction Services Pyramid Construction Services P. U. Box B. Delivered Io Civic Center bilbert St. Des Moines, 1N 50301-8222 1 v DATE 06/Vj/92 SHIP VIA r OB TERMS 10:4-10th/Mo NOT BEFORE 0E'/ms3/92 PROMISFt BATF rREIGH1 PO NUMBER /E r+l COMMENTS QUANTITY ITEM NUMBER/DESCRIPTION LOC UNIT PRICE EXTENDED PRICE 32S,3 , 3 5/8 X :_`r Oa St'.Id s 2. 589 $77. 67 30 325'135 ,i 5/8 X 10' Lb ba .I racl c 0:53 $60. 99 L) O -n m :. n-C r‘) N -i C', "J rri • O! W � O Sale Amount 5138. 66 fax $x. 55 Freight S. 00 Misc Chgs S. 00 Total Sale $144. L1 t�, j1,614!!: INVOICE it, Drywall Inc. � � Supply 4601 - 6TH STREET S.W. INVOICE NO: 9 29 9 2 CEDAR RAPIDS, IOWA 52404 (319) 366-8993 (800) 332-8993 FAX: (319) 366-4027 CUSTOMER CODE: I y tP TO SHIP 10: Pyramid ConstructionServices Pyramid Construction Services P. U. Box 8222 Delivered 1'0 Civic Center Iowa City Des Moines, I - tiv1301-8`c INV DATE I.06/0;J/92 SHIP VIA F O A TERMS 10%-10th/Mo NOT BEFORE 06/02/92 PROMISED DATE FREIGHT PO NUMBER 8'-30/0 COMMENTS QUANTITY ITEM NUMBER/DESCRIPTION LOC UNIT PRICE EXTENDED PRICE 2111 :;FINSDC 12' NC-1 Sound Channel ( 1 Leg) 1. 889 $37. 78 20 �320S3b 3 5/8 X14' EVI Sa Studs b. 133 $ 102. 66 10 320535 3 Z.-i/8 X11/1' 20 Ua Studs 3. 66 / $36. 67 o -11 2>=1a n� N ; .Gr` ,_ • O= (.) • . v CD CD • • • Sale f- mount SIT/. 11 rax $ /. 08 Freight $21. 33 Misc Chqs $. CIO Total Sale $L05. 5c ALL SPECIAL ORDER ITEMS ARE NON N ''IRNABLE. ORIr',INAI_ INVOICE � Drywall Supply Inc.4601 -6TH ST� PPY • S.W. CEDAR RAPIDS,REET IOWA 5 404 INVOICE NO: 93294 (319) 366-8993 (800) 332-8993 FAX: (319) 366-4027 CUSTOMER CODE: k'YL'I2.1 TO: SHIP TO: Pyramid Lonstr•iTction Services Pyramid Lonstr-!-Tction Services P. D. Box t3c22 Delivered Io Civic Lenter Des Moines, 1H t:40.2;01-B22 INV. GATE 06/1L/9L SHIP VIA F fl y TERMS 10/. 1I. th/Mo NOT BEFORE 06/08/92PROMISED DATE FREIGHT P.O NUMBER 8/8b2 COMMENTS 4,^; ,. 7, - . 'r QUANTITY - ITEM NUMBER/DESCRIPTION LOC UNIT PRICE EXTENDEtiCEPRI ' - CE.j,. 2'6 1i-i 10�i 4x10x5/8 H/L Sheetrock 6. 0016 $150. 00 20 LRMFNV6 5 Lal I'ai 1 UB Ready Mix b. i3;6 $176. 60 1 cXFL1.1 X 1080' Roll F=lex Nape 11 . 39 $ 11. 39 60 6XL:I131 Pcs 1 1 /4 X 10' Exp Lornerbead 1. 39 $83. 40 Lo r �n >= C • -D o :7 ca .- r_I% 0 CD Sale Amount $421. Fax $ 16. 86 Freight $15. 00 • Misc Chqs $. 01ZI Total Sale $453. 25 Al I SPFrIAI f)RI)FR ITFMC ARF NnN_lf .'UANARI F . _ • teva fah _20„,„ INVOICE C` Drywall Supply Inc. � � PP Y 4601 - 6TH STREET S.W. INVOICE NO: 93982 CEDAR RAPIDS, IOWA 52404 (319) 366-8993 (800) 332-8993 FAX: (319) 366-4027 CUSTOMER CODE. PY`I21 TO: F,111P TO: Pyramid Construction Services Pyramid Construction Services P. U. Box 8222 Delivered Co Civic Center Des Moines, 1f-4 50301 -8222 NV DATE 06/24/92 SHIP VIA F O9 TERMS 10%-1Nth/Mo NOT BEFORE 06/2:3/92 PROMISFD DATE FREIGHT P O NUMBER 88 83 COMMENTS is'S'3T r siE ..,"%`z.,„ :::r ,' ' 't. . ,,' ' -'rh ' P kJ c>�.:'Fy..11,z VAC i kuANTITY _, 1ITEM NUMBER/DESCRIPTION LOC • UNIT.PRICE. �-r D� D PRICE`4A -.:,..-- ..—F 2HMDL- USG Durabond Lightweight 45M 6. 39 $ 159. 75 Lo c.u —11 C:I-cam N :.i '*J Irl 1 C) Cr)CD • ( I a. a • 1 ••••' • • • ,. Sale Amount ( 159. 75 rax ---: : j $6. 39 ,ti - Freight $20. 56 ,S;ri l'i • ' M i>:c Ch g s 5. 00 Total Sale $186. 70 a. . nnr...•. n .rrun am una. nr. ,rl.flan. r END OF CASE FILE