HomeMy WebLinkAbout~Master - Public Improvements at 13th and Duff - Schlarmann - Small - Terrones RETURN TO:
AMES CITY CLERK � . 05 9 91
BOX 811 STORY COUNTY, IOWA 00
AMES IOWA 50010 FILED FOR RECORD 1
o W JUN 05 2000 PM 1 /
SUSAN L.VANDE i Mf7,R order 5' —
APPLICATION FOR CONDEMNATION
IN THE SHERIFF'S OFFICE OF STORY COUNTY, IOWA
IN THE MATTER OF THE )
CONDEMNATION OF CERTAIN )
RIGHTS IN LAND FOR USE IN THE ) APPLICATION
13TH STREET AND DUFF AVENUE ) FOR
RECONSTRUCTION PROJECT BY ) CONDEMNATION
THE CITY OF AMES, IOWA, )
Applicant. )
TO: THE CHIEF JUDGE, SECOND JUDICIAL DISTRICT
The Applicant City of Ames,Iowa,desires to take,acquire and condemn an easement interest
in the properties hereinafter described, together with any and all leasehold interests, easement
interests and other legal or equitable interest therein, and together with all structures and
appurtenances located upon the properties sought to be condemned. The City of Ames,Iowa desires
the rights specified in the properties sought to be condemned for use of the 13th Street and Duff
Avenue Reconstruction Project.
1. PROPERTY TO BE ACQUIRED;PUBLIC USE OR PURPOSE FOR THE TAKING.
The properties in which an easement interest is sought to be acquired for the said project are
shown as Parcels 2, 9, and 20 on the attached Condemnation Plat. Said Condemnation Plat is
marked as Exhibit A and is by this reference made a part hereof. The said easement interest in
Parcels 2, 9, and 20 will be used by the City of Ames, Iowa for the public purpose of constructing,
repairing, maintaining and using certain street, storm sewer, utilities and related public
improvements to be constructed in conjunction with the 13th Street and Duff Avenue Reconstruction
Proj ect.
• The property to be acquired as Parcel 2 is described as:
Sidewalk Easement: Commencing at the southeast corner of Lot 7,
Block 7,Duff s Highland Park Addition,Ames, Story County, Iowa;
thence north 5';thence west 90';thence south 5;thence east 90'to the
point of beginning.
Containing 450 square feet.
1
Temporary Construction Easement: Commencing at the southeast
corner of Lot 7, Block 7, Duff s Highland Park Addition, Ames,
Story County, Iowa, thence north 5.5'; thence west 51'; thence north
5.5% thence west 12.5'; thence south 5% thence west 28.5% thence
south 6% thence east 90'to the point of beginning.
• The property to be acquired as Parcel 20 is described as:
Sidewalk Easement: Commencing 8' east of the southwest corner of
Lot 5, Friedrich's 5th Addition, Ames, Story County, Iowa; thence
east 5% thence north 60;thence west 5% thence south 60'to the point
of beginning
Containing 300 square feet.
Temporary Construction Easement: Commencing 8' east of the
southwest corner of Lot 5, Friedrich's 5th Addition, Ames, Story
County, Iowa; thence east 17% thence north 17% thence west 10%
thence northwesterly 42.06'; thence west 5'; thence south 60' to the
point of beginning,
Containing 540.97 square feet.
• The property to be acquired as Parcel 9 is described as:
Sidewalk Easement: Commencing at the southeast corner of Lot 10,
Friedrich's 5th Addition, Ames, Story County, Iowa; thence north
1.2%thence northwesterly 70.41% thence south 3.6'; thence east 71.2'
to the point of beginning.
Containing 168.89 square feet.
Temporary Construction Easement: Commencing at the southeast
corner of Lot 10, Friedrich's 5th Addition, Ames, Story County,
Iowa; thence north 6.5% thence southwesterly 15.68% thence
northwesterly 48.84% thence west 6% thence south 6.5'; thence east
71.2'to the point of beginning.
Containing 409.09 square feet.
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2. NAMES OF RECORD OWNERS AND HOLDERS OF LIENS, LEASES AND
ENCUMBRANCES OF THE PROPERTY.
The names and addresses of all record owners and holders of liens, leases and encumbrances
with respect to Parcels 2, 9, and 20, as far as shown, are as follows:
TITLE HOLDERS:
Robert C. Schlarmann and Margaret Schlarmann
Penny L. Small and Jack D. Small
Mark J. Terrones and Deborah A Terrones
LIEN HOLDERS, ENCUMBRANCERS AND LEASEHOLDERS:
Story County, Iowa, Story County Courthouse,Nevada, Iowa;
Mark Schlarmann and Julie Schlarmann, leaseholders;
F & M Bank- Iowa, Story County
3. LANDS NECESSARY TO ACHIEVE THE PUBLIC PURPOSE AND LANDS
PROPOSED TO BE ACQUIRED FOR THE PROJECT.
The Condemnation Plat, marked as Exhibit A and attached hereto and made a part hereof,
identifies those portions of Parcels 2, 9,and 20 that are required by the City of Ames for the purpose
of constructing, repairing, maintaining and using certain street, storm sewer, utilities and related
public improvements to be constructed in conjunction with the 13th Street and Duff Avenue
Reconstruction Project. The City asserts further that said portions of Parcels 2, 9, and 20 constitute
the necessary minimum amount of land to achieve the public use and purpose herein stated and that
no portion of said Parcels is being condemned as an uneconomic remnant.
4. GOOD FAITH EFFORTS MADE BY THE CITY TO NEGOTIATE THE
PURCHASE OF THE PROPERTY.
The City represents and warrants that it has done the following in attempting to negotiate the
said easements with respect to the said Parcels 2, 9, and 20.
(a) On November 9, 1999, the Ames City Council adopted a measure directing
that a notice of intent to commence the 13th Street and Duff Avenue Reconstruction Project be given
as prescribed by law to potentially affected property owners with notice that on January 11, 2000,
in the Council Chambers, the Council would hear comments with respect to whether that project
should proceed.
(b) On January 11, 2000, the Ames City Council held a public hearing on the
proposed commencement of the said project and on the proposed acquisition of properties for said
project, and thereafter passed a resolution approving the Project and authorizing the acquisition of
properties for the Project, including Parcels 2, 9, and 20 identified above.
00 - 05991 (3)
3
(c) Pursuant to authority conferred by said resolution, the Director of Public
Works,based on professional real estate appraisals,determined the amount that is just compensation
for the acquisition of the said easements, and there was mailed an offer to acquire the said easements
to the respective property owners for that amount, along with a copy of the appraisal on which the
determination of just compensation was based.
(d) After the conclusion of the statutory ten day waiting period, the City's
acquisition agent contacted the owners of Parcels 2, 9, and 20 to negotiate for purchase of the said
easements. The efforts made by the City agent to negotiate in good faith to acquire the property
sought to be condemned were as follows:
n
a) Meetings with Mark and Deborah Terro es on 2/17/00,3/7/00
and 3/14/00;
b) Notes sent to Penny Small, formerly Penny Taylor, on
3/16/00, 4/4/00, 4/14/00, and 4/27/00 asking, unsuccessfully, for
either a meeting or execution of the easement documents;
c) Telephone call 2/10/00 with Robert Schlarmann who directed
that all further discussion be with Mark Schlarmann, his son, and
occupant of the premises. Meeting with Mark Schlarmann 2/23/00
at which he said he would settle for no less than double the City offer.
The acquisition agent's efforts to purchase the said easements have been unsuccessful and the city's
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offers to purchase the easements have been withdrawn.
NOW THEREFORE,pursuant to the said resolution of the City Council of the City of Ames,Iowa,
you are hereby requested to appoint a Compensation Commission to appraise the damages caused
by the said acquisition of easements, said Commission to consist of six persons as by law provided.
The Court is also asked for an order determining alternates to serve in the event that one or more of
the initially appointed commissioners are unable to serve.
r It is requested that notice of the requested appointments be given to the City of Ames as soon
as the commissioners and alternates have been selected.
DATED this 0MJ_day of June, 2000.
90
4
R. Klaus
City Attorney
j'\a+ ♦R 9' 12'} '9 e''Y'X a
City Hall, 515 Clark Avenue
Ames, Iowa 50010
n ; „ Phone: (515)239-5146
_ 0
4 00 5991 (4)
APPROVED this day of , 2000.
hief Judge, Second Judicial District
APPLICANT'S CERTIFICATION:
In accordance with Iowa Code Section 6B.3(7), I the undersigned do hereby certify that its
application has been approved by the Chief Judge. "?
d
R. Klaus - U
j.
City Attorney, Ames 'I0w4,
duffl 3th.502
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00 - 0599 1
5
Exhibit A,.'Page'l of 4 0
15
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
�ac11 TJ.
OWNER :
1312 DUFF AVE.
AMES, IA 50010
NO SCALE
8' S' 134.4'
W W
> O Q
4
4 V- Q
n o LOT 5 tO
10,
1 r�
8' 5' 12' 134.4'
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: S
'J6ti4 D . 5m41l awd aNN� 1n1t�
SIDEWALK EASEMENT:
COMMENCING 8' EAST OF THE SOUTHWEST CORNER OF LOT 5, FRIEDRICH'S 5TH ADDITION, AMES,
STORY COUNTY, IOWA; THENCE EAST 5'; THENCE NORTH 60'. THENCE WEST 51: THENCE SOUTH
60- TQ THE POINT OF BEGINNING.
CONTAINING 300 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING 8' EAST OF THE SOUTHWEST CORNER OF LOT 5, FRIEDRICH'S 5TH ADDITION, AMES,
STORY COUNTY, IOWA; THENCE EAST 17'; THENCE NORTH 17% THENCE WEST 10'; THENCE
NORTHWESTERLY 42.06': THENCE WEST 51: THENCE SOUTH 60' TO THE POINT OF BEGINNING.
1 CONTAINING 540.97 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
Carlson , McClure & Associat ≧ i<
05-35-454-130 0 0 05 9 ) -
Exhibit A, .Page 12 of 4 15
0
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
OWNER : ROBERT C. SCHLARMANN
117 13TH ST.
AMES, IA 50010
NO SCALE
i
J7LOTT117 13TH ST
12.5'
26.5' br •vi51,
E 13TH STREET
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: ROBERT C. SCHLARMANN
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 7, DUFF'S HIGHLAND PARK ADDITION,
AMES, STORY COUNTY, IOWA; THENCE NORTH 5'; THENCE WEST 901; THENCE SOUTH 5': THENCE
EAST 90' TO THE POINT OF BEGINNING.
I }
CONTAINING 450 SQUARE FEET
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 7, DUFF'S HIGHLAND PARK ADDITION,
AMES, STORY COUNTY, IOWA, THENCE NORTH 5.5'; THENCE WEST 51'; THENCE NORTH 5.5% THENCE
WEST 12.5'; THENCE SOUTH 5'; THENCE WEST 28.5'; THENCE SOUTH 6'; THENCE EAST 90' TO THE o
POINT OF BEGINNING.
CONTAINING 587.41 SQUARE FEET. RECORDED:
INSTRUMENT NO. :
�E
DATE: y
5-35-383-060 Carlson , McClure & Associates , I n c .
00 - 05991
Exhibit A, Page 3 of 4
SIDEWALK EASEMENT 15
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : MARK J 8 DEBORAH A TERRONES
125 E. 13TH ST.
AMES, IA 50010
NO SCALE
71.2'
o
m
o
'- LOT 10
125 E 13TH ST
o,
N 70.41'
15j '
N
E 13TH STREET
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: MARK J & DEBORAH A. TERRONES
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 10, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA: THENCE NORTH 1.2'; THENCE NORTHWESTERLY 70.41% THENCE SOUTH 3.6': THENCE
EAST 71.2' TO THE POINT OF BEGINNING.
CONTAINING 168.89 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 10, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA; THENCE NORTH 6.5% THENCE SOUTHWESTERLY 15.68': THENCE NORTHWESTERLY
48.84': THENCE WEST 6': THENCE SOUTH 6.5': THENCE EAST 71.2' TO THE POINT OF BEGINNING.
CONTAINING 409.09 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
QATE:
Carlson , McClure & Associates , Inc .
OS-35--�5�-08Q ____ -1
40
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Exhibit A, Page 4 of 4 p
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14TH STREET
1326@ CITY PARK ' _.
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1315 1316
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• 1306
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1 , 130 I I �. •— t 6 9 Li
125 117 t 0
1304 1' 119 125 jj
133
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1 TH STREET EAST 13TH STREET '
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16 O O 80 t t
1226 118 120 122 1227'
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LEGEND t� 1220
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TEMPORARY CONSTRUCTION 1215 w dp•
EASEMENT Z
------- SIDEWALK EASEMENT >
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1212
�( TREE REMOVAL
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1+I ACQUISITION PARCEL NUMBER �' •
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,202
12TH S-T•REET RIGHT—OF —WAY ACQUISITION :
13TH STREET AND DUFF AVENUE
fF INTERSECTION IMPROVEMENTS
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