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HomeMy WebLinkAbout2005-367-04.25.2005 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2005-367 RESOLUTION TO ESTABLISH THE AMOUNT OF JUST COMPENSATION FOR CERTAIN PROPERTIES TO BE ACQUIRED FOR CONSTRUCTION OF AN INTERCHANGE AT U. S . HIGHWAY 20 AND ANSBOROUGH AVENUE AND TO AUTHORIZE THE USE OF CONDEMNATION PROCEDURES FOR ACQUISITION OF SAID PROPERTIES IN FURTHERANCE OF THE OBJECTIVES OF THE HIGHWAY INTERCHANGE PROJECT. WHEREAS, by Resolution No. 2003-542 adopted on August 11, 2003, the City Council of the City of Waterloo approved a project (the "Project") to acquire properties and construct an interchange at the intersection of U. S. Highway 20 and Ansborough Avenue; and WHEREAS, in executive session on February 21, 2005, the City Council of the City of Waterloo discussed and reviewed appraisals for certain properties in the Project area, namely, parcel nos. 8813-08-226-002; 8813-09-151-001; 8813-09-126-001; 8813-09-176-001; 8813-09-101-002; 8813-08-276-006; 8813-08-226- 003 and 8813-08-276-016 (collectively, the "Properties") , and determined that the appraisals represented the fair market value of the Properties; and WHEREAS, the City of Waterloo offered to purchase the Properties for the appraised value and after good faith efforts has been unable to reach a mutually agreeable price with the owners of the Properties; and WHEREAS, the City Council of the City of Waterloo desires to ratify the above-described actions taken in executive session and to spread them upon the public record by this resolution; and WHEREAS, the City Council of the City of Waterloo desires to authorize the use of condemnation procedures under Iowa law to acquire the Properties by eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the sum of the amounts set forth opposite each of the below parcel numbers is determined to be the just compensation for the Properties as determined by an independent appraiser: 8813-08-226-002 $ 14, 902 . 00 8813-09-151-001 $ 49, 000 . 00 8813-09-126-001 $ 9, 240 . 00 8813-09-176-001 $ 2, 760 . 00 8813-09-101-002 $280, 600 . 00 8813-08-276-006 $ 7, 632 . 00 8813-08-226-003 $ 18, 230 . 00 8813-08-276-016 $ 21, 363 . 00 • !7•' < !-D SA.` t7ti -A) t:t; 77: H 77 < 72 77 H. :0 TZ7 :7 R,q7a‘64-71litiOn No. 2005-367 Fa-ge7 2 0 7; ‹: 77 71 H4 ,72 7-4 717, 7 \-) Th-e,- _appraisals determining said amounts are the same appraisals that: the City Council relied upon in executive session on H . 71 February 21, 2005 . H 7Z - G E IT FURTHER RESOLVED that use of procedures prescribed by c-5,QmApters EA and 6B of the Code of Iowa for condemnation of < .7 ' S rate property for public projects is hereby approved for ndmnation of the Properties, 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 f 4chieved and that the City of Waterloo in carrying out the ,:; :::purposes and intents of the Project will be able to comply with to r\-5, al1' zpplicable standards and to obtain all necessary permits . H IT FURTHER RESOLVED that the offices of Community ning and Development and the City Attorney are hereby Tjb4uthorized and directed to make .use of condemnation procedures, cbmbination with such additional negotiations with the owners : o the ownership interest in the Properties or their authorized 0 representatives as may be advisable in the circumstances, to - :acqu-ire the Properties in furtherance of the objectives of the --Project . PASSED AND ADOPTED this 25th day of April, 2005. -- n1 Tim Hur ey, May r ATTEST: Nancy 'Ecker CMC City Clerk CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2005-367, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 25th day of April, 2005. Witness my hand and seal of office this 27th day of April, 2005 . cCLJ SEAL Nancy Ecker CMC City Clerk `)