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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 #2006-33

RESOLUTION 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