HomeMy WebLinkAbout2011-944-9/26/2011 This Resolution prepared by Carol Failor, Deputy City Clerk, 715
Mulberry Street, Waterloo, Iowa.
RESOLUTION NO. 2011-944
RESOLUTIONS TO APPROVE CERTAIN ACTIONS WITH
RESPECT TO THE ANSBOROUGH AVENUE/SHAULIS
ROAD RECONSTRUCTION AND EXTENSION PROJECT,
TO ESTABLISH THE AMOUNT OF JUST COMPENSATION
FOR CERTAIN PROPERTY INTERESTS TO BE
ACQUIRED FOR PROJECT PURPOSES, AND TO
AUTHORIZE THE USE OF CONDEMNATION PROCEDURES
FOR ACQUISITION OF SAID PROPERTY INTERESTS
IN FURTHERANCE OF THE PROJECT OBJECTIVES .
WHEREAS, the City of Waterloo desires to undertake a
project for the improvement of existing Ansborough Avenue
southerly of U. S . Highway 20 to W. Shaulis Road and for the new
construction of an extension of W. Shaulis Road from Ansborough
Avenue easterly to State Highway 21 (the "Project" ) ; and
WHEREAS, on May 2, 2011 the City Council of the City of
Waterloo set a date of public hearing on the proposed Project
for Jane 6, 2011, and written notice of said hearing has been
mailed as required by law to interested persons, including but
not limited to the owners and record contract purchasers of
"agricultural land" as defined by Iowa Code § 6A. 21, and has
been published in the manner required by law; and
WHEREAS, the public hearing scheduled for June 6 was held
on that date, and at said hearing the City Council of the City
of Waterloo heard the testimony and evidence submitted by City
planning staff and by members of the general public, and the
City Council desires to acquire the property interests necessary
for the Project, whether fee title, permanent easements or
temporary easements; and
WHEREAS, after the June 6 hearing, the City Council of the
City of Waterloo adopted Resolution No. 2011-483 to make a final
selection of the route for the Project; and
WHEREAS, the City Council of the City of Waterloo has
discussed acquisition of and/or reviewed appraisals for certain
properties in the Project area and determined that the
appraisals, prepared by Rally Appraisal, LLC and dated as of
July 16, 2010, with review appraisals prepared by Commercial
Appraisers of Iowa, Inc. and dated as of October 12, 2010 (the
"Appraisals") , represent the fair market value of the property
interests to be acquired, and the City of Waterloo desires to
purchase the property interests necessary for the Project for
the appraised value of same; and
WHEREAS, in the event that good-faith efforts to negotiate
the purchase of property interests is not successful, the City
Council of the City of Waterloo desires to authorize the use of
condemnation procedures under Iowa law to acquire the property
interests by eminent domain.
Resolution No. 2011-944
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF WATERLOO, IOWA, that the route and design of the Project as
approved by the Council in Resolution No. 2011-483, subject to
such minor revisions as are indicated in additional information
presented to the Council or as more fully described in such
additional_ . information, are hereby ratified and approved as the
final Project route and design.
BE IT FURTHER RESOLVED that the amount set forth opposite
the name of each owner of land that includes property interests
necessary for the Project is determined to be the just
compensation, as determined by the Appraisals, for acquisition
of all fee title and permanent easements in and upon such
properties that are reasonably necessary for the Project:
Owner per acre price
Charles J. Walker $12, 000
Bar Lee Farms Ltd. $17, 500
L & H Farms Ltd. $15, 000
RE PCO $37, 000
Darron & Dottie Cutler $37, 000
Rona-ld- Eugene Brainard $20, 000
Grady Farms Dairy, Inc. $15, 000
William B. Walters $15, 000
Mary H. Rousselow $15, 000
BE IT FURTHER RESOLVED that the amount of $120, 000 for
acquisition of one or more structures and underlying real estate
at 910 W. Shaulis Road, owned by Grady Farms Dairy, Inc. , is
determined to be the just compensation, as determined by the
Appraisals, for acquisition of all property interests in and
upon such property.
BE IT FURTHER RESOLVED that the amount set forth opposite
the name of each owner of land that includes property interests
necessary for the Project is determined to be the just
compensation, as determined by the Appraisals, for acquisition
of all temporary easements in and upon such properties that are
reasonably necessary for the Project:
Charles J. Walker $ 330 for 0 . 22 acres
Bar Lee Farms Ltd. $ 394 for 0 . 18 acres
L & H Farms Ltd. $ 244 for 0 . 13 acres
RE PCO $ 278 for 0 . 06 acres
Darron & Dottie Cutler $ 925 for 0 . 20 acres
Ronald Eugene Brainard $ 575 for 0 . 23 acres
Grady Farms Dairy, Inc. $7, 069 for 3 . 77 acres
Mary H. Rousselow $3, 094 for 1 . 65 acres
BE IT FURTHER RESOLVED that the Community Planning and
Development Department is authorized to incur such incidental
costs, relocation costs, management costs, and other costs as
may be reasonably necessary or required by law to assure payment
of just compensation to the property owners and to assist in
relocation and other expenses made necessary by the Project .
Resolution No. 2011-944
Page 3
BE IT FURTHER RESOLVED that the City Council finds that the
Project will constitute a public use, public purpose, or public
improvement as contemplated by Iowa Code 6A. 22 and that,
accordingly, the use of eminent domain to acquire the property
q
interests is appropriate and authorized by law.
BE IT FURTHER RESOLVED that, if efforts to negotiate a
purchase of the property interests are unsuccessful, use of
procedures prescribed by Chapters 6A and 6B of the Code Iowa for
condemnation of private property for public projects is hereby
approved for condemnation of the property interests, it being
the reasonable expectation of the City Council of the City of
Waterloo that the public purpose of condemnation in support of
the Project will be achieved and that the City of Waterloo in
carrying out the purposes and intents of the Project will be
able to comply with all applicable standards and to obtain all
necessary permits .
BE IT FURTHER RESOLVED that the offices of Community
Planning and Development and the City Attorney are hereby
authorized and directed to make use of condemnation procedures,
in combination with such additional negotiations with the owners
of the ownership interest in the properties or their authorized
representatives as may be advisable in the circumstances, to set
a date for hearing if necessary, and to acquire the property
interests in furtherance of the objectives of the Project, and
that the previous efforts of said offices to negotiate with
owners are hereby ratified and approved.
PASSED AND ADOPTED this 26th day of September, 2011 .
Ernest G. Clark, Mayor
ATTEST:
'1
d j +
Suzy Shares, CMC
City C erk
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Resolution No. 2011-944, as passed and adopted by the Council
of the City of Waterloo, Iowa, on September 26, 2011 .
Witness my hand and seal of office this 26th day of
September, 2011 .
SEAL Suzy Seares, CMC
City C rk