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Home My Public Portal About2009-07 A Resolution Authorizing Condemnation, If Necessary, For Improvements To Belmont Road Within The City Of Riverdale, Iowa (2)~- RESOLUTION 2009-07 RESOLUTION AUTHORIZING CONDEMNATION, IF NECESSARY, FOR IMPROVEMENTS TO BELMONT ROAD WITHIN THE CITY OF RIVERDALE, IOWA WHEREAS, the Council has set a public hearing on the matter of making improvements to the road system of the City, to wit, the reconstruction of Belmont Road (the "Improvements"); WHEREAS, use of eminent domain may be necessary in order to obtain the ground necessary for the Improvements; and WHEREAS, the Council has heard the comments of the public on this matter, and reviewed all written correspondence, and other materials related to the Improvements. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, as follows: That the Clerk has properly provided notice to all property owners who may be subject to condemnation if this project proceeds. 2. That the Clerk has properly placed a public notice in a paper of general circulation in the City of the public hearing. 3. That there exists a reasonable expectation that the City will be able to construct the Improvements called for in this resolution, comply with all standards, and obtain permits required by law. 4. That the Council hereby declares that the project is funded and shall proceed upon the complete acquisition, by negotiated sale or condemnation, of the ground needed therefore. 5. That there are two property owners from whom ground is needed at this time. They are: (a) Estate of Lucille Haas, c/o Richard and Delores Wells, Executor, 312 Belmont Road, Riverdale, IA 52722; and (b) Mr. and Mrs. Bruce Skahill, 1153 Fenno Drive, Riverdale, IA 52722. 6. The ground required is shown on Exhibit A (consisting of 3 pages) and Exhibit B (consisting of 2 pages) and pursuant appraisal of the ground, the fair market value of the acquisition (right-of--way and construction easement) is set at $1,016.00 for Exhibit A and $45.00 for Exhibit B. 7. The City Attorney and the Right of Way Negotiator are directed to attempt good faith negotiations with the parties to determine if the needed ground may be acquired by settlement; however, in the event of failure of the negotiations, the City Attorney is authorized and directed to use eminent domain to acquire the property. PASSED, APPROVED AND ADOPTED this 07th day of April, 2009. yore a rindle Attest: ~Gt.Lc.2~`~`Y~ e~ City Clerk Paula McIntosh E7~HIBIT A LEGAL DESCRIPTION Parcc126: Permanent Right-of Way Acquisi#ion in p'ee 't'itle LEGAL DESCRIPTION Past of the Northeast Quartex of Section 23, 'township 78 North, Range 4 East of the Sa' P.M., Riverdale, Scott County, Iowa, being more particularly described as follows; Commencing, as a Qoint of reference, at the southwest corner of the East Iia1f of ' of the Northeast Quarter of said Section 23; thence North 01°-33'-10" 'West 1497.58 feet along the west lino of the East Half of the Northeast Quarter of said Section 23 to the POINT OF BEGINNING of the tract of land hereinafter described: th~ce continuing North Ol°-33'-10" West 31.02 feet along the west line of the East Half of the Northeast Quarter of said Section 23; thence South 62°-03'-10" Fast 125.40 feet; thence South 56°-06'-30" East 136.82 feet; thence South 06°-56'-30" west 17.82 feet; thence North S7''-52'-35" West 60.16 feet; thence northwesterly 192.79 feet along a curve concave southwesterly having a radius of 1270.00 feet and a chord bearing and dimension of North 62°-13'-30" West 192.60 feet to the point of beginning, Cox~taipin.g $,490 square feet, more or less. Bearings stated herein are based on the Town State Plane Coordinate South Zone, NA17 83, HARl~T 96. This right of way parcel is totally contained within the 66 foot wide roadway easement established by prescription as petitioned for by adjacent land owners, See Scott County Supervisor's Minute Book 31, pages 208 - 209, May 2,1955. Owner also conveys unto the City of Riverdale a Temporary Construction Easement for the Purpose of such encroaching, grading, sloping, shaping, cutting, filling and construction as may ba required for the proper construction of the Belmont Road Reconstcvction Project over, across, through, and under said Temporary Construction F,aseu~eut: t~ Parce126; Temporary Construe#on, Easement TEIvIpORARY CONSTR~(.TCTiON EASEMP.NT DESCP~TpTION Part of the Northeast Quarter o£ Section 23, Tovhdship 78 North, Range 4 East of the 5s' P.M., Ytiverdale, Scott County, Lowe, being =Wore partcaularly descrr'bed as follows: Commoncing, as a point of referenco~ at the southwest corner of the East I~s1f of the Northeast Quarter of said Section 23• thegcs North Ol°-33'-10" West 1497.58 feet along the'ovast lino of the East Half of the Northeast Quarter o£ said Section 23; thenco southeasterly 192.79 feet along a curve concave southwesterly having a radius of 1,270.00 £ee~t and a chord bearing and dimension of South 62°-13'-30" East 192.60 feet to the I'OTr1T OP BEGINNTNa of the tract of land hereinafter describod.; thence 8onth S?°-52'35" East 60.16 feet; th~rce South 06°-56'-30" West 25.42 feet; thence North 57°-52'-35" West 70.98 feet; thence North 32°-07'-2S" East 23,00 feet to the point of beginning. Contaicdng 1,510 square £eet, more or less. Bearings stated herein are based on the Iowa State Plane Coordinate South Zone, NAD 83, HARN 96. The Temporary Construction Easement shall terminate when the City appro~-es and accepts said project or on. December 31, 2010, whichever is earlier. In addition, dust control during the constntetion of this project will be accomplished as per Section 1107.07 o£tho "Standard Specifications for Highway and Bridge Construction, Serbs 2001 ", aS published by the Yowa Department of Transportation. ... -- - i ci ~ ~ a a Q • ~ .fir, z N^' F ~ ~' ~ ~ A Y. r"` Q o o °~ Z ~~ ~ g 4 ,~~ a ~ LIJ OC ~ ~ a ~ - ~o ~ ~ ~ ~ ~ p ~ m ~ w a a ~' ~ D to ~ ~`z ~~ ~~~q m' ~ d m ~ ~ ~ tl~ 4 ~ ~ ~ ~ $ ~~ ~~ ~ ~ v y, = x a n ~ BV ~ ~ ~ ° ~ t~ ~ ~ ~ ~ ~ z ~ ~ ',. - r 7~.. r . .~ 0 c ' .~~ f.. ~ ~ O of r• f-. ~ 0 W .ra, ~ o W a ~ w ~ ~ m %~ O ''_ ~ f ~ ,~~ ~ o r. ~ ~ V~ .~,!v~~K~ ' 0`0 `~~ "' :ti ~ .iii Z 'r O 'V ~, i, e~ fn ~ rs ~w ... a ~ ~b~7 ~ '' ~ ~ ?r C ~ ~ ~6'Ol ~ /r ~M ~ ~ ~ ~ a ~ ~ r_ ~ ~ '~~ ~~N ~;ba Z ~ W ~ '.~C s ~ .s s .d ~, ~ I/ ~"'' a ~ ~.. y-et•c3 Nof1~35 tl31tNA0 LSd~N1tlON (p~ f-- ~lVf+ 151-3 lNI~ 1S3M ~+. Z ~J ~ - ~ ~r $ ~ ~ C as7~-~yt1 ~ :.IIN'i^II~Ii3:i b'MGt htvdia~~ ~~~~ ~ O pC W jC~ Q ~ ~ ~ ` M ~ ad Y N 0 ~ N ~ ~ A. O O ,• Q QJ t3 O N O V O ~ ~~..~. wwr • ..~~ •....~. ..._ .. E~YYBIT ROW - 32 PEFt1MANENT ItIGrHT Op' WA'Y PARCEL BRUCE A. ANA RSONAA S. SKA'~T~Y. BF~,.LMONT ROAD PROJECT BETTENAORE - RIV~RDALE, IO'nVA part of the Northeast Quaater of Section 23, Township 78 North, Range 4 East o#'the S'~ P,M., in Scott County, Iowa, being part of a tract of land conveyed to Brace A. and Rhonda S, Skabill by Warranty Deed recorded as Document Number 2005-13055 in the Office of the Recorder of Scott County, Iowa, being more particularly described as follows: Commencing at the northwest corner of said tract, said point being the POINT OF BEQ~IlVNIlVG of the parcel of land hereiaafter described: thence South 74°-43'-10" Past 91.66 feet along the northerly line of said tract; thence South 54°-17'-10" Bast 106,59 feet along the northerly line of said tract; thence North 72°-17'-40"'W'est 187,54 feet; thence North 07°-09'-35" East 29,57 feet along the westerly line of said tract to the point of beginning. Contaituug 4,430 square feet, wore or less. Bearings stated herein are based on the Iowa State Plane Coordinate South lone, NAD 83, HARK 96. 'Phis right of way parcel is totally contacted within the 66 foot wide roadway easement established by prescription as petitioned for by adjacEnt land owners. See Scott Couzity Supervisor's Minute Book 31, pages 208 - 209, Nlay 2,1955. exH~e ~_ ci d ~ 0 ~; ! ~ ~ ~ ~ } v ~ 3 ~~ #~ ~ ~ ~ ~ ~ ~ O a a ~~~ ~ ~ oe r- w ~4~~~ g=gym ~ ~ ~~ ~ v J a 8~ ~~ ~,• ~ c ~ ~ ~ ~ ~sz~ ~~~~ m pl 3 ~ E tf Y1 $ ~g ~ w -~? ~ $ it i Q ~ ~,~ ~rlldE' 0 /// ~ O ~ 'p % / ~ ~ ~~ m ~~ / ~ ~~~ ~ ~ H i pC / ~,~~ ~ ' ~Sf /f ~ ~ ~ - 1 '~ ~ ~ ~ ~ ~~ c i ~ ~, ~- c: ~~ ~ ~ " ~, ; i~ ~ of <~ O i W ~r~ ~ ~ i _ ~ ~'~' 7 ~ ~ I, c~ ~ ~~ ~ I ~ a ~' ~ ~~ _ _ ~11 / ~ ` r h e ° ., Ri ~ ~~ Z n~ 1 .. d ~, ~ 1 s sfet-696 1 9 VMDI !I-DdN~AVD l33tllS Vt09 lSVB tttt l19119W 'l DIAVG E~3IBIT ~ LECrAL DESCRIPTION Parce126: Permanent Right-of Way Acquisition in Fee Title LEGAL DESCRIPTION Part of the Northeast Quarter of Section 23, 'township 78 North, Range 4 East of the 5~' P.M., Riverdale, Scott County, Iowa, being more particularly described as follows; Commencing, as a point of reference, at the southwest corner of the East Half of ' ofthe Northeast Quarter of said Section 23; thence North 01°~33'-10"'West 1497.58 feet along the west line of the East Half of the Northeast Quarter of said Section 23 to the POINT OF BEGr1NNlTtG of tlae tract of land hereina~r described: thence continuing North Ol°-33'-l0" West 31 A2 feet along the west line of the East Ralf ofthe Northeast Quarter of said Section 23; thence South 42°-03'-l0" East 125.40 feet; thence South 56°-06'-30" East 136.82 feet; thence South 06°-56'-30" west 17.82 feet; thence North 57°-52'-35" West 60.16 feet; thence northwesterly 192.79 feet along a curve concave southwesterly having a radius of 1270.00 feet arul a chord bearing and dimension of North 62°-13'-30" West 192.60 feet to the point ofbeQ nning. Contaitung 5,490 square feet, more or less. IIearings stated herein are based on the Iowa State Plane Coordinate South Zone, NAD 83, HAI2N 96. This right of way parcel is totally contained within the 66 foot wide roadway easement established by prescription as petitioned for by adjacent land owners, See Scott County Supervisor's Minute Book 31, pages 208 - 209, May 2,1955. Owner also conveys unto the City of Riverdale a Temporary Construction Easement for the Purpose of such encroaching, grading, sloping, shaping, cutting, filling and construction as may be required for the proper eonst~uction of the Belmont Road Reconstruction Project over, across, through, and under said Tempoz~y Construction Easerneut: Parce126; Temporary Construcdon Easement TEN1pORARY CONSTRUCTION EASEMENT DESCP~'TION Part of the Northeast Quarter of Section 23, Tovv~oship 78 North, Range 4 East of the 5~' P.lv1.,12iverdale, Scott County, Town, being more particularly described as follows. Comm~meiisg, as a point of reference, at tho southwest corner of the East I-Talf of the Northeast Quarter of said Section 23• thence North O1°-33'-10" West 1497.58 feat along the west line of the East Half o~ the Northeast Quarter o£ said Section 23; 'thence southeasterly 192.79 feet along a curve concave southwesterly having a radius of 1,270.00 feet and a chord bearing and dimension of South 62°-13'-30" East 192.60 feet to the I'O1NT 4p' BEGINNING of the tract of land hereinafter described; thence South 67°-52'35" Fast 60.16 feet; thence South 06°-56'-30" West 25.42 feet; thence North 57°-52'-35" West 70.95 feet; thence North 32°-07'-2S" East 23.00 feet to the point of beginning. Containing 1,510 square feet, more or less. Bearings stated herein are based on the Iowa State Plane Coordinate South Zone, N,P~D 83, FIAItN 96. rho Temporary Construct[on Easement shall ternli.naxe when tl~e City approves and accepts said project or oa December 31, 2010, whichever is eaxlier. 1n addition, dust control during the construction of this project will be accomplished as per Section 1107.07 of the "Standard Speeifieati.ons for Highway and Bridge Construction, Series 2001 ", aS publishod by th0 Yowa Department of Transportation. n ~ ~~„ ~ ~` ~ W „~ 0 a m ~ ~ G a~ W ~ Q ~y W ~ W ~ ~ ~ O ~: Z ~ W ~ fA ~ v ~ ~ O a W 7' g 1~ W m 0 ~~ s v~ ~i ~u g I~ ~ ~ q ~~ ~ - GV d N ~ ~ W g m ~ o , ~ ~ Z W ~ x ~~ ~'~ d ~ ~ ~ G ~ ~ ~ ~; ~~ ~~ O'• ~ ~`~' "•~~ ~ ~ ~~ i O 0 ~ ~ x ~ij ~ :y 1d~i 'M.OS-.80•.80"S , z .oc I a N i:. •a, ~,~~ tlOdw~ ~ .~ ~ v ~ a ~ ~6~ ~ ~- ~: p ~" ~ L31 ~r P~ ~ .fH 1~ ~• ~ F / -, '~ to 4 w ~~ ~ -o~ N~N.o~oa z ~W f :s::~ H ~ x x -~ •x .• ~ •- ~ oo ~ 3 ' C7 p ~ ~ro ~ ~ti O ~ Q ~ ~' y~ _~ _ ^ _ _ _ , ~ _~__^ as _ ~ / LN ~ ,a0'lc4i ~~R-.io~ - ~-- ~ '~ q •.a ~ ~ 4-6Z•c3 No~L48S tl31iR'flo LSV3N1a0N ,a ~' -~ ~ iICN 18'/E 3NIl 153M I ~ 3 ~~~~ ~O ~ .~ o ~ Cc aa~~-~-1t1:3 :.llt~;;:-li-lii;+ b'lJ~~'i ids~la'03 ~~~$ W 8 0° !~ ~ m ~ ,~ ~ r ° ~ p L ~ Q O O • Q W J N g ~ ~O ~~ ~~ a~ ~6~ ~~Z e~ n Qi ~~~ Ww ~~ ~s z o~ ~~ rQ W ~~ ~~ ~w J~ WJ O~ W (/H Cf ~+ !~ ii I` F.. v~ ~ Z ~ ~: ,_ a n is o ~ W ~' w~ J '~ / y~. l ' W / 4: ~ r ~.~ ~ E7CEYYBIT ROW - 32 PERMANENT RIGr~Y'I' Op"OV'A'Y PARCEL BRYt'C~ A. AND RSONDA S. SKA~LY. BELMONT ROAD PROJECT BETTENAORF - RIVERDALE, IO'GVA part of the Northeast Quarter of Section 23, Township 78 North, Range 4 East ofthe 5~' P.M., in Scott County, Iowa, being part of a tract of land coaveyed to Bntee A, and Rhonda S, Sl~aUill by 'C~V'arranty Deed recorded as Document Number 2005-13055 in the Office of the Recorder of Scott County, Iowa, being more particularly described as follows: Commencing at the northwest corner of said. tract, said point being the POINT OF BECTIIVNING of the parcel o£ land hereinafter described: thence South 74°-43'-10" East 91.66 feet along the noxtiterly line of said tract; thence South 54°-17'-10" East 106,59 feet along the northerly line of said tract; thence North 72°-17'-40" 'S~V'est 187,54 feet; thence North 07°-09'-35" East 29.57 feet along the westerly line of said tract to the point of beginning. Contait~aug 4,430 square feet, mare or less. Bearings stated herein are based on the Iowa. State Plane Coordinate South Zone, NAD 83, BARN 96. 'Thi.S right of way parcel is totally contained v~itliin the 66 foot wide roadway easement established by prescription as petitioned for by adj acent land owners. See Scott County Supervisor's Minute Boots 31, pages 208 - 209, Nlay 2,1955. EXHIBIT }'.`. V N r ~ .~ ~ ~ a ~a ~ ~ ~ ~ ~o ~ ~ ~ a J a = ~ ~ N ~ ~ ~ ~ m ~ p ~ O LL 'p a a ~ (l1 ~ ,. ~ u M4i~ ~ ~ C ~ ~-~~ a `~ w o a~ ~ _ i' i ~ a $ 3 04 ~ '' ~ ~ 4 e .. ~ ~ ~ ~~R ~ a gas s ~~ #~ ~~ 10O m W~~ ~~ ~ ~ o g ~m ~8~ ~~ ~~ ~~ N ~~ la ~~ ' iw ~~ ~a ~,3 i ~' Q ~i ~ ~ O `~ ak %~ i i-W r ~ ~/ , ~ i ~ tt'i' v d N ~ ~ ~ i v m ~ ~ ~ ~ ' ~~ ~~ ~ ~ ~~ a~ ~~A ~ ~'10t~ ~~~ '~~ ~' ..., ~ / D !~ ~; ~ J ~~~ / f. rn ~ % A ~j r ~''~ ~ ~ __ '--- i ~ ``~ ~` ~, ~ i \~ O // ~~ % ~aT~ /~ i eP`,4~' i ~ i ~r y' ~ r r ~° ~ ~ ., o~ <~ a~ < ~ u ~' ~~ ~ ~o ~ ~ m ~ ~~ ~ i ~ .~ i ~ i "1 n~ J ~r I ~ ~ 1' ~ / n ~ ~l 'a '~ ~ I Q ~~ 1