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HomeMy WebLinkAboutRESOLUTION NO. 2010-20 RESOLUTION 2010-20 SET HEARING ON THE INTENT TO ACQUIRE AGRICULTURAL PROPERTY AND AUTHORIZE ACQUISITION OF THE NECESSARY PROPERTY INTERESTS THEREOF FOR THE FAIRFAX TRAIL EXTENSION PROJECT BY GIFT,NEGOTIATION,OR EMINENT DOMAIN WHEREAS, on October 13,2009 the City Council approved the Professional Services Agreement with Hall and Hall Engineers, Inc. for the design and construction services for the Fairfax Trail Extension Project; and WHEREAS, under the provisions of Chapter 613 of the Iowa Code, a governmental body which proposes to acquire agricultural land under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all owners and record contract purchasers of such agricultural land whose properties may be acquired in whole or in par for the project (See Sections 6A.21 (a) and 613.2A of the Iowa Code); and WHEREAS, the Fairfax Trail Extension Project design plans include the following: The project includes construction of a 12-foot wide recreational trail and creek bridge crossings on the east side of Highway 151 between Prairie Avenue and Cemetery Road; and WHEREAS, in accordance with Section 613.2A of the Iowa Code, before the City of Fairfax can proceed with the portion of said project that affects agricultural land, the City Council must: (a) Hold a public hearing, giving persons interested in the proposed project the opportunity to present their views and objections regarding the project, and regarding the proposed acquisition of agricultural property for the project by gift, negotiation or eminent domain. (b) Adopt a resolution to approve the project and authorize acquisition of agricultural property for the project by eminent domain. (c) Mail notices as required by Iowa Code Section 613.2A to all property owners and contract purchasers of record of agricultural land with any potential for any form of property acquisition activity for this project and publish notice as specified in the Iowa Code; and WHEREAS, Iowa Code Section 613.2A further requires that the mailed notice be sent at least thirty(30) days in advance of the scheduled hearing, and in order to meet such deadline, said notice, in the form attached hereto, has been mailed by the City Clerk to the appropriate parties. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA: 1. That a public hearing shall be held on April 13, 2010, at 7:00 p.m. in the City Council Chambers, City Hall, 525 Vanderbilt Street, Fairfax, Iowa. At that time the City Council will consider the above-described proposal and any other(s) submitted prior to or during the public hearing. 2. That the mailed notice heretofore sent to the appropriate parties by the City Clerk as required by Iowa Code Section 6B.2A is supported by the City Council of the City of Fairfax, and such mailing is hereby ratified and confirmed. 3. That the City Clerk is hereby instructed to cause notice to be published as required by law of the pendency of this resolution and of the time and place of the hearing at which persons interested in the proposed project may present their views and objections regarding the project and regarding the acquisition of agricultural property for the project by gift, negotiation or eminent domain, said Notice of Intent to be in substantially the attached form. Passed and approved this 9th day of March, 2010. AYES: Beer, Frieden, Otto, Magers, and Wainwright NAYS: None ABSENT: None f f / Jason�.Zabe, Mayor b ATTEST: Cynth a Stimson, City Clerk NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT A RECREATIONAL TRAIL EXTENSION FROM PRAIRIE AVENUE TO CEMETERY ROAD,AND TO ACQUIRE AGRICULTURAL LAND FOR THE PROJECT TO: Owner Location or Address of Affected Agricultural or Other Land Thomas and Patricia Arp NW SE 9-82-8 PO Box 71 Lying SE of Highway-Ex Pine Grove l st Fairfax IA 52228 Addition Julie L McMullen SW SE 9-82-8 106 Prairie Avenue Lots 7 and 8, Auditor's Plat 347 and Fairfax IA 52228 Part of Lot 2 Irregular Survey SW1/2 SE1/4 and other Fairfax Residents Under the provisions of Chapter 6B of the Iowa Code, a governmental body which proposes to acquire agricultural land under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all owners of such agricultural land whose properties may be acquired in whole or in part for the project. (See Sections 6A.21(a) and 6B.2A of the Iowa Code) 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above identified owners of agricultural land that the City Council of the City of Fairfax will consider authorizing the commencement of a project to construct a recreational trail on the east side of Highway 151 between Prairie Avenue and Cemetery Road, which project is to be known as the Fairfax Trail Extension Project. 2. PRIVATE PROPERTY MAY BE ACQUIRED BY PURCHASE OR CONDEMNATION. If the above described project is approved by the City Council, the City will be required to acquire property for the project improvements. Upon review of Linn County property records, it appears that agricultural land owned by the above identified persons may have to be acquired in whole or in part for the project. The City will attempt to purchase the required agricultural land by good faith negotiations, and it may condemn those properties which it is unable to purchase. The proposed location of the above described public improvement is shown on a conceptual drawing of the project which is now on file in the office of the City Clerk and available for public inspection. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY; CITY COUNCIL ACTION REQUIRED TO PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT. In making the decision to proceed with the above described project and to authorize the acquisition of property and property interests, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the project, and regarding the proposed acquisition of property for the project. The public hearing on the project will be held during the City Council's regularly scheduled meeting on the 13th day of April, 2010 in the City Council Chambers, City Hall, 525 Vanderbilt Street, Fairfax, Iowa, commencing at 7:00 p.m. In order for the City to proceed with the above described project and commence the acquisition of property for the project, the City Council will be required to approve the project and authorize acquisition of private property for the project by Council resolution. The City Council is scheduled to consider adoption of the resolution initiating the above described project following the public hearing. If the project is approved by the City Council, an appraiser retained by the City will determine the compensation to be paid for property or property interests that are needed for the project. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation,the City will acquire those properties by condemnation. 4. CONTACT PERSON. Persons desiring further information regarding the proposed public improvement project or its impact on the properties identified above may contact Ken DeKeyser by mail C/O Hall and Hall Engineers, Inc., 1860 Boyson Road, Hiawatha, Iowa 52233, or by telephone at(319) 362-9548. 5. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to a. Receive just compensation for the taking of property. (Iowa Const., Article 1, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 613.45, 613.54) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. (Iowa Code §613.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §613.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §6B.3(1)) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code §§ 613.4, 6B.7, and 6B.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 613AA) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 613.25 and 6B.54(11)) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 613.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and(2) if the award on appeal in court is more than the compensation commissioner's award. (Iowa Code § 613.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) 1. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code §316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316, for a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. This Notice is given by authority of the City Council of the City of Fairfax, Iowa. Cynthia Stimson, City Clerk, Fairfax, Iowa Published in the Cedar Rapids Gazette on April 1, 2010 Mailed to all affected Property Owners on March 10, 2010 y NOTICE OF INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT A RECREATIONAL TRAIL EXTENSION FROM PRAIRIE AVENUE TO CEMETERY ROAD, AND TO ACQUIRE AGRICULTURAL LAND FOR THE PROJECT (FOR MAILING) TO: Owner Location or Address of Affected Agricultural or Other Land Thomas and Patricia Arp NW SE 9-82-8 PO Box 71 Lying SE of Highway-Ex Pine Grove 1 st Fairfax IA 52228 Addition Julie L McMullen SW SE 9-82-8 106 Prairie Avenue Lots 7 and 8, Auditor's Plat 347 and Fairfax IA 52228 Part of Lot 2 Irregular Survey SW1/2 SE1/4 and other Fairfax Residents Under the provisions of Chapter 6B of the Iowa Code, a governmental body which proposes to acquire agricultural land under power of eminent domain for a public improvement project is required to give notice of intent to commence the project to all owners of such agricultural land whose properties may be acquired in whole or in part for the project. (See Sections 6A.21(a) and 6B.2A of the Iowa Code) 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above identified owners of agricultural land that the City Council of the City of Fairfax will consider authorizing the commencement of a project to construct a recreational trail on the east side of Highway 151 between Prairie Avenue and Cemetery Road, which project is to be known as the Fairfax Trail Extension Project. 2. PRIVATE PROPERTY MAY BE ACQUIRED BY PURCHASE OR CONDEMNATION. If the above described project is approved by the City Council, the City will be required to acquire property for the project improvements. Upon review of Linn County property records, it appears that agricultural land owned by the above identified persons may have to be acquired in whole or in part for the project. The City will attempt to purchase the required agricultural land by good faith negotiations, and it may condemn those properties which it is unable to purchase. The proposed location of the above described public improvement is shown on a conceptual drawing of the project which is now on file in the office of the City Clerk and available for public inspection. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY; CITY COUNCIL ACTION REQUIRED TO PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT. In making the decision to proceed with the above described project and to authorize the acquisition of property and property interests, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the project, and regarding the proposed acquisition of property for the project. The public hearing on the project will be held during the City Council's regularly scheduled meeting on the 13th day of April, 2010 in the City Council Chambers, City Hall, 525 Vanderbilt Street, Fairfax, Iowa, commencing at 7:00 p.m. In order for the City to proceed with the above described project and commence the acquisition of property for the project, the City Council will be required to approve the project and authorize acquisition of private property for the project by Council resolution. The City Council is scheduled to consider adoption of the resolution initiating the above described project following the public hearing. If the project is approved by the City Council, an appraiser retained by the City will determine the compensation to be paid for property or property interests that are needed for the project. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those properties by condemnation. 4. CONTACT PERSON. Persons desiring further information regarding the proposed public improvement project or its impact on the properties identified above may contact Ken DeKeyser by mail c/o Hall and Hall Engineers, Inc., 1860 Boyson Road, Hiawatha, Iowa 52233, or by telephone at (319) 362-9548. 5. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to a. Receive just compensation for the taking of property. (Iowa Const., Article 1, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 613.45, 613.54) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. (Iowa Code §613.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §613.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §6B.3(1)) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 6B.4A) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 6B.25 and 6B.54(11)) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 613.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and(2) if the award on appeal in court is more than the compensation commissioner's award. (Iowa Code § 613.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) 1. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code §316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316, for a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. This Notice is given by authority of the council of the City of Fairfax, Iowa. Cynthia Stimson City Clerk, Fairfax, Iowa Published in the Cedar Rapids Gazette on April 1, 2010 Mailed to all affected Property Owners on March 10, 2010