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March 21,
2006 The
Lee County Board of Supervisors met on Tuesday, March 21, 2006 at 9:00 A.M.,
at the South Lee County Courthouse in Keokuk. Present: Joe Kowzan, Larry Kruse, George Morgan, Rick Larkin, and Bob
Woodruff. All votes unanimous unless otherwise
indicated. Moved by Kowzan, seconded by Kruse, to
approve the Tuesday, March 14, 2006 board minutes. Motion carried. There were no Citizen Comments,
Questions or Concerns. Moved by Kruse, seconded by Morgan, to
approve the following for CPC/General Relief: Elma Overton, General
Assistance/Payee, from Class 4 Step 2 $11.45/hr. to Class 4 Step 3
$11.79/hr., effective 3/14/06. Motion carried. Moved by Kowzan, seconded by Kruse, to
approve the following resolution: RESOLUTION #2006-33RESOLUTION OF THE LEE COUNTY BOARD OF SUPERVISORS RESOLUTION SETTING PUBLIC HEARING ON THE ACQUISITION AND SUBSEQUENT
TRANSFER OF LAND FOR PURPOSES OF ECONOMIC DEVELOPMENT BY WOLF PACKAGING AND
THE SALE OF CERTAIN LEE COUNTY REAL ESTATE WHEREAS,
Lee County, Iowa,
presently owns an 11 acre tract of land located adjacent to Prison Farm No. 1
in section 27, township 68, range 4 west of the 5th principal meridian
[hereinafter “Parcel A”] and legally described as follows: A parcel of
land located in the Southeast Quarter (SE ¼) of the Northwest Quarter (NW ¼)
of Section Twenty-seven (27), Township Sixty-eight (68) North, Range Four (4)
West of the 5th Principal Meridian, Lee County, Iowa more particularly described
as follows: Commencing, as
a point of reference, at the Southeast Corner of the Northwest Quarter (NW ¼)
of said Section 27; thence South 89° 17’ 16” West (assumed bearing for this description)
526.66 feet along fence line not on the Quarter Section line to the point of
beginning; thence South 89°17’16” West 458.29 feet; thence North 01°12’33”
West 1324.00 feet; thence North 89°05’27” East 462.37 feet; thence South
01°01’56” East 1325.56 feet back to the point of beginning, containing 14.00
acres, more or less. EXCEPTING
THEREFROM a parcel of land located in the Southeast Quarter (SE ¼) of the
Northwest Quarter (NW ¼) of Section Twenty-seven (27), Township Sixty-eight
(68) North, Range Four (4) West of the Fifth Principal Meridian, Lee County,
Iowa, more particularly described as follows: Commencing, as a point of reference, at the Southeast Corner of
the Northwest Quarter (NW ¼) of said Section 27; thence South 89°17’16” West
(assumed bearing for this description) 559.66 feet along fence line not on the
Quarter Section line to the point of beginning; thence South 89°17’16” West
425.98 feet; thence North 1°12’33” West 223.00 feet; thence North 89°17’16”
East 425.98 feet; thence South 1°01’56” East 223.00 feet back to the point of
beginning, containing 2.18 Acres, more or less. WHEREAS,
Lee County, Iowa,
proposes to trade “Parcel A” for an 11-acre tract presently owned by the Iowa
Department of Corrections [hereinafter “Parcel B”] legally described as
follows: Being a part of the Southeast Quarter of Section 28 and a
part of the Southwest Quarter of Section 27, both in Township 68 North, Range
4 West of the 5th Principal Meridian, Lee County, Iowa, and being more
particularly described as follows:
Commencing, as a point of reference, at the Southeast Corner of the
Southeast Quarter of said Section 28; thence North 00°00’17” West (assumed
bearing for this description) 1,364.31 feet along the East line of said
Southeast Quarter to a point on an existing property line and the point of
beginning of the following described tract of land; thence South
89°39’49” West 172.59 feet along an existing property line to an
existing iron bar; thence North 01°55’31” East 709.99 feet along an existing
property line to an existing iron bar; thence North 86°57’52” West 633.32
feet along an existing property line to an existing iron bar; thence North
33°59’39” West 75.16 feet along the Easterly line of the former public road
easement; thence South 86°57’52” East
1,262.23 feet; thence South 01°55’31” West 733.49 feet to a point on an
existing property line; thence South 89°17’01” West 311.29 feet to an
existing iron bar; thence South 89°39’49” West 101.39 feet to the point of
beginning containing 11 acres, more or less, and being subject to easements
of record. WHEREAS,
the Lee County
Board of Supervisors’ purpose in acquiring “Parcel B” is to sell that parcel
to W.O.W. LLC [Wolf Packaging] to permit that company to enlarge its Fort
Madison, Iowa facility and thereby increase employment; and WHEREAS,
the Lee County
Economic Development Commission retained an independent appraiser who
determined fair market value of
“Parcel A” to be $24,000 and “Parcel B” to be $41,200; and WHEREAS,
both “Parcel A”
and “Parcel B” are subject to an agricultural lease and the sale will result
in damages to the tenant farmer which the Department of Corrections and/or
Lee County must address; and WHEREAS, the acquisition of “Parcel B” is subject
to the approval of the Board of the Iowa Department of Corrections and
consideration of this proposal is tentatively scheduled for April 7, 2006. NOW
THEREFORE contingent
on the approval of the sale of “Parcel B” to Lee County, Iowa, the Lee County
Board of Supervisors hereby resolves as follows: 1. To
trade by warranty deed “Parcel A” to the Iowa Department of Corrections. 2. To acquire from the Iowa Department of
Corrections “Parcel B”. 3. To pay the difference in appraised value
between “Parcel A” and “Parcel B” to the Iowa Department of Corrections, the
sum of $17,200 upon receipt of deed. 4. Pay all reasonable costs associated with the
modification or damages resulting to the agricultural lease holder. 5. To pay all abstracting, survey and recording
fees associated with this transaction.
6.
Immediately upon receipt of deed from the Iowa Department of
Corrections the transfer of “Parcel B” to W.O.W. LLC in consideration of the
sum of Forty-one thousand two hundred dollars ($41,200) and reimbursement for
all expenses incurred by Lee County under paragraphs 4 and 5. 7. To
authorize the chairman of the Lee County Board of Supervisors to sign any and
all deeds, conveyances or legal instruments on behalf of Lee County in
connection with this transaction. 8. It is
understood that if the Iowa Department of Corrections chooses to accept this
offer, it may express restrictions and reservations in its deed designed to
preserve the usefulness of the remainder of Prison Farm No. 1 for future
development and expansion by the Iowa Department of Corrections. 9. Set
this matter for public hearing on the 4th day of April,
2006 at 9:02 o’clock a.m. at the Boardroom Lee County Office
Building, 933 Avenue H, Fort Madison, Iowa.
The Board directs that the notice of this public hearing be published
not less than four (4) nor more than twenty (20) days prior to the date and
time fixed for the public hearing. 10. Upon final approval by this Board and by
approval of the Board of the Iowa Department of Corrections, to provide for
the recording of all resolutions, notices and instruments necessary to
establish title. Dated this the 21st day of
March, 2006,at Keokuk, Iowa. Lee County Board
of Supervisors. /s/ George Morgan, Chairman, /s/ Larry W. Kruse, Vice-Chair,
/s/ Robert J. Woodruff, Member, /s/ Rick Larkin, Member, /s/ Joseph W.
Kowzan, Member. Attest: /s/ Anne Pedersen, Lee County Auditor. Motion
carried. There was no New Business. Commission/Committee Reports: Chairman
Morgan attended the Southeast Iowa Regional Planning Commission Open House.
Supervisors Woodruff and Kowzan will meet with Wellmark Blue Cross and Blue
Shield on Monday, March 27, 2006. Supervisor Larkin will attend a Community
Action meeting the afternoon of March 21, 2006. Moved by Kruse, seconded by Larkin, to
approve the claims for payment. Motion
carried. With
no further action, Chairman Morgan adjourned the meeting at 9:15 A.M. The Board will hold a workshop, Friday,
March 24, 2006 at 1:00 P.M. at the South Lee County Courthouse in Keokuk for
the purpose of Discussion of County Consolidation. The next regularly
scheduled meeting of the Board is scheduled for Tuesday, March 28, 2006 at
9:00 A.M., at the South Lee County Courthouse in Keokuk. /s/George Morgan, Chairman Attest: /s/Anne Pedersen, Lee County Auditor |