Loading...
HomeMy WebLinkAbout~Master - Authorization to proceed with Acquisition of the Necessary Property Interests for the 2008/09 Water System Improvements: East Zone Pressure Loop Project by Gif RESOLUTION NO. 18-484 RESOLUTION OF AUTHORIZATION TO PROCEED WITH ACQUISITION OF THE NECESSARY PROPERTY INTERESTS FOR THE 2008/09 WATER SYSTEM IMPROVMENTS: EAST ZONE PRESSURE LOOP PROJECT BY GIFT, NEGOTIATION OR EMINENT DOMAIN WHEREAS, the City's Public Works Department has determined that it is necessary to acquire permanent and temporary construction easements in connection with the 2008/09 Water System Improvements: East Zone Pressure Loop Project(hereinafter"Project"); and WHEREAS, the City's Public Works Department will acquire the necessary easements for this Project; and WHEREAS, the design has been completed and the easement needs have been determined, and the proposed Fair Market Value of the property interests to be acquired will be submitted to the City Council or the City Manager, or his designee, as applicable, for approval and authorization to proceed with acquisitions; and WHEREAS, the permanent property interests to be acquired for this project will be used as City easements following acquisition thereof, as has been approved by the City's Public Works Engineering Division. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa: 1. That the location of the Project as determined by the City's Public Works Engineering Division is hereby approved; there is a reasonable expectation that the City will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits; and City Staff is hereby authorized to proceed with the necessary activities and negotiations to acquire by gift, negotiation, or condemnation the necessary property interests for construction of the Project, subject to approval by the City Council. 2. That the property will be interests to be acquired are not used for or classified as agricultural. That the acquisition of property interests required for the Project are entirely for the use of a municipal utility. I That the acquisition of property interests required for the Project undertaken by and are entirely for the use of a municipal utility. 4. That the Public Works Department is authorized to obtain an appraisal of the property interests to be acquired as required by law. 5. That the City Manager, or his designee, is authorized to approve all fair market values for the property interests. If the property owners agree to convey the property to the City in 2 an amount based on the established fair market value, including an approved administrative settlement, or if a condemnation award is based on the established fair market value or falls within an approved settlement amount, the Finance Director is authorized and directed to issue checks in the amounts necessary to carry out these transactions and to pay any unforeseen additional costs certified by the Legal Department. The City Manager, or his designee, is authorized and directed to complete these transactions in accordance with standard real estate practices and state law requirements. 6. City Staff is directed to obtain the Legal Department's review and approval of all closing documents prior to closing. 7. That the City Clerk is hereby authorized and directed to endorse upon the real estate documents for this Project the approval and acceptance of this Council, the Mayor is authorized and directed to sign all necessary real estate documents, and the City Clerk is further authorized and directed to deliver the aforementioned documents to the Legal Department, who shall proceed to closing in accordance with standard real estate practices. 8. That the permanent property interests acquired as part of this Project for use as City easements are hereby dedicated as such, with dedication effective upon acquisition, closing by gift, negotiation or eminent domain. ADOPTED THIS 14th day of August 2018. iJa Diane R. Voss, City Clerk John A. aila, Mayor Introduced by: Gartin Seconded by: Corrieri Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Martin,Nelson Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 14th day of August 2018. Legal Description —for Easement Acquisition Parcel 5 as shown on the attached Acquisition Plat and more particularly described as: A part of Lot 4, South Duff Community Park, Ames, Story County, Iowa. More particularly described as follows: Beginning in the southwest corner of said Lot 4; thence, N0029'14"E 84.40' along the west line of said Lot 4; thence S 89030'46"E 10.00'; thence S 0029'14"W 84.44' to the south line of said Lot 4; thence N 89019'13"W 10.00' along the south line of said Lot 4 to the point of beginning. [Contains more or less 844 square feet]. And Parcel 4 as shown on the attached Acquisition Plat and more particularly described as: A part of Lot 3, South Duff Community Park, Ames, Story County, Iowa. More particularly described as follows: Beginning in the southeast corner of said Lot 3; thence, N89018'41"W 10.00' along the south line of said Lot 3; thence NO°29'14"E 84.3T; thence, S8990'46"E 10.00' to the east line of said Lot 3; thence SO°29'14"W 84.40' along the east line of said Lot 3 to the point of beginning. [Contains more or less 844 square feet].