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Home My WebLink AboutA001 - Email from City Attorney dated September 24, 2019 e Y4- South Grand Extension eminent domain proceeding today - City Council and Mayor, Steve Schainker, Mark Lambert to: Brian Phillips, Deb Schildroth, John C Joiner 09/24/2019 02:58 PM Today, the Story County Compensation Commission held a hearing in the Sheriff's office in Nevada, and both sides presented arguments on the value of the land in the golf course that the City will be acquiring by eminent domain for the South Grand extension. The hearing started at about 9:00 a.m., and ended about 12:40. This included a required visit to view the property by the Commissioners (and the rest of us). Jim Nervig of the Brick Gentry Law Firm, who has handled dozens of eminent domain proceedings, represented the City. Tracy Warner provided the bulk of the testimony for the City. Our appraiser also testified. Both did a fabulous job. Scott Randall was presented and provided testimony, and he was represented by Ames attorney Frank Feilmeyer. The Commission deliberated for about 35 minutes, and then announced an award of$63,600 for the property. This was exactly our appraisal amount(the property owner offered two appraisals, both over $1 million). The $63,600 is the compensation the City must pay the property owner for the property itself (fee simple). I note that the City had offered more than that prior to the eminent domain hearing today. Again, this is just for the acquisition of the property itself. We will have a separate eminent domain hearing next week to acquire the leasehold interests on the property. Also, this decision maybe appealed to District Court. If you have any questions, please let me know. Mark CITY OF es- Mark O. Lambert City Attorney 515.239.5146 main 1515.239.5142 fax mlambert@city.ames.ia.us I City Hall, 515 Clark Avenue Ames, IA 50010 www.CitVofAmes.org ^ Caring People—Quality Programs— Exceptional Service " 4 IN THE SHERIFF'S OFFICE OF STORY COUNTY IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR USE IN THE SOUTH GRAND AVENUE EXTENSION PROJECT and locally known as: 1400 South Grand Avenue, Aires, Iowa SHERIFF'S RETURN AND by the REPORT OF COMMISSIONERS CITY OF AMES,IOWA, Applicant. SHERIFF'S RETURN BE IT REMEMBERED that on the 24"'day of September, 2019,the City of Ames,Iowa. a municipal corporation organized and existing under and by virtue of the laws of the State of Iowa,and located in the County of Story, did, in pursuance of law, make written application to the Chief Judge of the Second Judicial District for Story County, Iowa,for the appointment of Commissioners under the laws of the State of Iowa, in such cases made land provided to assess the damages sustained by the various persons, companies or corporations owning or having any interest in the property in the City of Ames, Story County, Iowa, which said municipal corporation desires to take,acquire, appropriate and condemn for the purpose of the South Grand Extension Project, and it being made to appear that the persons,companies or corporations owning or claiming,any interest in said property have refused to grant the same to said municipal corporation for said purposes and that said municipal corporation cannot agree with said owners and claimants of an interest in said property upon the compensation to be paid for the same, the Chief Judge of the Second Judicial District for Story County, Iowa,in pursuance of the powers vested in him by law and said written application having been filed with him,did appoint six(6) - 1 - resident freeholders of the County of Story, State of Iowa,who were not interested in the same or a like question to inspect the said property and assess the damages which said owners and claimants of an interest in the same might sustain by reason of the appropriation thereof by said corporation for the uses and purposes aforesaid,the said freeholders appointed being: Name Address Qualifications Gina McAndrews 1411 Roosevelt Avenue Ames, Iowa Licensed Real Estate Broker/ Salesperson Marian Olive 1264 Northridge Road Story City,Iowa Jon Klein 425 Baldwin Street Maxwell, Iowa Knowledgeable of Property Values by Lonnie.Flack 19733 677"'Avenue Virtue of Occupation Nevada, Iowa Timothy Grandon 2851 Monroe Drive Ames, Iowa Other than Agricultural Curt Bauer 2800 Pinehurst Circle Ames, Iowa. and said Commissioners were duly and legally summoned to view the said property as herein described on the 24th day of September,2019, at 9:00 o'clock A.M., and to assess the damages of`each of the owners thereof, and persons, companies or corporations having or claiming an interest therein by reason of the appropriation of the same by said municipal corporation for said purpose, which said owners and persons,companies or corporations having or claiming an interest therein are as hereinafter set out. WHEREUPON, all of said Commissioners met in my office at the 1315 South"B" Avenue in Nevada, Story County, Iowa, on the 24th day of September, 2019, and said Commissioners,and.each of them.,then and there signed and made oath and qualified by filing - 2- with me their written oath, the original of said oath being attached hereto, marked"Exhibit A". and by this reference made a part hereof. Thereafter,the Commissioners dial, on the 24th day of September, 2019, view the said property and did thereafter meet in public session to assess the damages that said property owners and claimants of an interest in said property will sustain by reason of the appropriation of the same by said City for the purposes aforesaid. Due and legal notice of the proposal of said municipal corporation to take said properties for the street widening project, and of the time and place of meeting of said Commissioners for the purpose of making such assessment having been heretofore given and published, after the appointment of the Commissioners,to the owners of the said described property and all persons, companies or corporations having or claiming an interest therein,the said Commissioners thereupon made out and returned their.report of assessment of damages, as follows to-wit: REPORT OF COMMISSIONERS TO THE SHERIFF OF STORY COUNTY, IOWA: The undersigned,duly appointed and qualified Commissioners did inspect the property herein after described and assess the damages which the owners thereof and persons,companies or corporations having or claiming an interest therein will sustain by reason of the appropriation of the same for the South Grand Extension Project, having been duly sworn, faithfully acid impartially assess all such damages,and it appearing that all persons,companies or corporations owning or claiming an interest in any of the property hereinafter described have been duly and legally notified of the proceedings herein and the time and place of our meeting to view said property and assess their damages,as aforesaid,we did, on the 24th day of September, 2019, view the real estate hereinafter described and assess the damages which the owners thereof and - 3 - persons having or claiming an interest therein will sustain by reason of the appropriation of the same by said municipal corporation for the purposes aforesaid. }} And we now,after j day(s)of deliberation,on the 0")if day of br 2019,return this, our true findings in the premises, as shown below,as actual damages for the taking of the property hereinafter described: Fee Simple Interest—City of Ames, Iowa: Parcel 017-2F Outlot"D"Grand Aspen.Subdivision,4"Addition, now in and forming a part of the City of Ames, Story County,Iowa. Containing 8,070 sq. ft. (0.185 acres) Parcel 017-317 Part of Outlot"C" Grand Aspen Subdivision, 2"d Addition now.in and forming a part of the City of Ames,Story County, Iowa,more particularly described as follows: Beginning at the Northeast Corner of Outlot"D"Grand Aspen Subdivision,411' Addition now in and forming apart of the City of Ames, Story, County, Iowa; thence South 89°33"12" West. along the South line of said Outlot"C", for a distance of 227.00 feet; thence.North 27°39'08" West for a distance of 214.96 feet;thence North 4707'39"West for a distance of 303.32 feet to the beginning of a curve concaved Easterly and having a radius of 300.00 feet; Thence along said curve for a distance of 134.79 feet,said curve having a chord bearing o:fNorth 34015'22" West and a chord distance of 133.66 feet;thence North 21°23'06" West for a distance of 125.97 feet to a point on the South line of Parcel "Y', Plat of Survey, in Inst. No. 01-08198 recorded in the Story County Recorder's Office;thence North 89'05'24"East; along the South line of said Parcel "V"for a distance of 328.30 feet:thence South 25°59'09"East for a distance of 270.50 feet; thence South 30008725"East for a distance of 445.00 feet to the Northeast corner of said Outlot"D"and the point of beginning. Containing 175,196 sq. ft. (4.022 acres). Parcel 01.7-1F Part of Outlot"C"Grand Aspen Subdivision,2°d Addition now in and forming a part of the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast corner of Outlot"D"Grand Aspen Subdivision, 4"'Addition now in and forming a part of the City of Ames, Story County, Iowa; thence South 14°42'41" East for a distance of 163.48 feet,thence South 28034'18" West for a distance of 82.06 feet,to the Northwest corner of Lot 1, Aspen Ridge 2"d Addition now in and forming a part of the City of Ames, Story County, Iowa; thence North 00°33151" West,along the East line of said Outlot"U'', for a distance of 230.20 feet to the Northeast corner of said Outlot"D''and the point of beginning. Containing 4,599 sq. ft. (0.106 acres). -4 - Property Address: 1400 South Grand Avenue, Ames,Iowa, Ames, Iowa. Easement Interest—City of Ames, Iowa: Parcel 01.7-1 P: Part of Outlot"C"Grand Aspen Subdivision, 2°`'Addition now in and forming a part of the City of Ames, Story County, Iowa, more particularly described as follows: Commencing at the Northeast corner of Outlot'`D"Grand Aspen Subdivision,4'h Addition now in and forming a part of the City of Ames, Story County, Iowa; thence North 30°08"25" West for a distance of 34.44 feet to the point of beginning;thence continuing North 30°08'25"West for a distance of 74.12 feet;thence North 86124'22"East for a distance of 15.65 feet: thence South 30°08'25" East for a distance of 60.12 feet;thence South 3Yl6'34"West for a distance of 15.66 feet to the point of beginning. Containing 940 sq. ft. (0.022 acres). Parcel 017-2P: Part of Outlot"C"Grand Aspen Subdivision, 2"`1 Addition now in and forming a part of the City of Ames, Story County, Iowa, more particularly described as follows: Commencing at the Northeast corner of Outlot"D" Grand Aspen Subdivision,4"' Addition now in and farming a part of the City of Ames, Story County, Iowa; thence South 89°33'12'" West for a distance of 227.00 feet; thence North 27039'08"West for a distance of 38.74 feet to the point of beginning; thence South 89'5446"West for a distance of 22.36 feet; thence.North 27°39'08" West for a distance of 60.00 feet; thence North 35°46'58"East for a distance of 22.36 feet; thence South 27°39'08"East for a distance of 80.00 :feet to the point of beginning. Containing 1,400 sq. ft. (0.032 acres). The names and addresses of all record owners and holders of liens and encumbrancers, as far as shown are as follows: Titleholders: Scott E. Randall and Jane S. Randall 420 S. 17"' Street Ames, Iowa 50010 Award for Temporary Easement $ _ TOTAL AWARD The information replied on by the Commissioners in assessing the damages for the taking as above provided is as follows: - 5 - s Note to Commissioners: Attach additional sheets, if needed,to describe the information relied on, and make reference to documents relied on(e.g. appraisals) in assessing damages for the taking. WITNESS OUR HANDS at Nevada,Iowa,the day and year last above written. By:,4 Mari t, Olive Gina McAndrews Lonnie FlacV J n loin By: B- � y. M g& Curt Bauer Timothy Grandon - 6 -