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April 4,
2006 The
Lee County Board of Supervisors met on Tuesday, April 4, 2006 at 9:00 A.M.,
at the North Lee County Office Building in Fort Madison. Present: Joe Kowzan, Rick Larkin, George Morgan, Larry Kruse, and Bob
Woodruff. All votes unanimous unless otherwise
indicated. Moved by Kowzan, seconded by Larkin, to
approve the Tuesday, March 28, 2006 board minutes. Motion carried. At 9:02 A.M., Chairman Morgan opened a
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. There were no
oral or written comments received by the Board. At 9:03 A.M., it was moved by Kowzan, seconded by Kruse, to close the public hearing. Kowzan-aye, Kruse-aye, Larkin-aye, Woodruff-aye and Morgan-aye. Motion carried. Moved by Kruse, seconded by Kowzan, to approve the following resolution: RESOLUTION # 2006-35RESOLUTION OF THE LEE COUNTY BOARD OF SUPERVISORS A RESOLUTION FOLLOWING PUBLIC
HEARING PROVIDING FOR THE ACQUISITION OF CERTAIN REAL ESTATE FROM THE IOWA
DEPARTMENT OF CORRECTIONS, THE EXCHANGE OF CERTAIN LANDS OWNED BY LEE COUNTY
IN PARTIAL CONSIDERATION FOR SUCH LANDS, AND THE SUBSEQUENT TRANSFER OF LAND
FOR PURPOSES OF ECONOMIC DEVELOPMENT BY WOLF PACKAGING / PACKAGING DYNAMICS. Resolution Number 2006 – 35 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,
and WHEREAS, a public hearing has been held on the 4th
day of April, 2006 and the time, date and place of such hearing was duly
published in newspapers of general circulation not less than four days nor
more than twenty days, in full conformity with the requirements of § 331.305,
Code of Iowa, 2005 and the Lee County Board of Supervisors is now authorized
by § 331.361 to dispose of real estate as this Board finds is in the best
interest of Lee County. 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 warrant 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 leaseholder. 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 [n.k.a.]
Bagcraft PaperCon, or its parent company, Packing Dynamics, 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. To
accept any and all restrictions or reservations imposed by the Iowa
Department of Corrections 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. Upon 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 4th day of April,
2006,at Fort Madison, 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. Moved by Woodruff, seconded by Kruse, to
accept the Lee County Engineer’s recommendation to deny a Request to
Reclassify a Portion of Lee-Henry Street from Service Level C to Service
Level A. Motion carried. A letter will be sent to the party making the
request. Moved by Kowzan, seconded by Kruse, to
approve 28E Agreement #2006-16-125 for J40 and Highway 61 Interchange,
between the Iowa Department of Transportation, the City of Fort Madison, the
City of West Point and Lee County. Motion carried. Moved by Larkin, seconded by Kruse, to approve
a Community Mental Health Center Waiver Request. Motion carried. Norma Poland, Chairperson of the Child
Abuse Prevention Council of Lee County, thanked the Board for their support
in proclaiming the month of April 2006 as Child Abuse Prevention Month in Lee
County. Chairman Morgan read the following proclamation: PROCLAMATION Whereas, Iowa’s Children are one of the
most precious resources in our state and provide the hope for a brighter
tomorrow in Iowa; Whereas, child abuse prevention is a community
problem and finding solutions depends on involvement among people throughout
the community; Whereas, effective child abuse
prevention succeeds because of partnerships created between parents,
practitioners, schools, faith communities, health care organizations, law
enforcement agencies, and the business community; Whereas, all citizens need to be more
aware of child abuse and neglect and its prevention within the community, and
be involved in supporting parents to raise their children in a safe,
nurturing society; Whereas, public awareness regarding
child abuse and neglect is encouraged by Prevent Child Abuse Iowa and by
other local organizations: Now, Therefore, We, the Lee County Board
of Supervisors, do hereby proclaim the month of April 2006 as Child Abuse
Prevention Month in Lee County and urge all citizens, community agencies,
religious organizations, medical facilities, and business to increase their
participation in efforts to prevent child abuse and neglect, thereby
strengthening the communities in which we live. Dated this 4th day of April,
2006. 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. There were no Citizen Comments,
Questions or Concerns or New Business. Commission/Committee Reports: Supervisor
Kowzan will be attending a RUSS meeting on Wednesday, April 5, 2006.
Supervisors Kowzan and Kruse will be attending an Economic Development meeting
on Friday, April 7, 2006. Received and filed the Minutes of
Meeting February 28, 2006 and March 2006, January 2006, November 2005,
September 2005 and August 2005 Monthly Reports of the Lee County Commission
of Veteran Affairs. Moved by Woodruff, seconded by Kruse, to
approve the claims for payment. Motion
carried. With no further action, Chairman Morgan
adjourned the meeting at 9:30 A.M. The next meeting of the Board is scheduled
for Tuesday, April 11, 2006 at 9:00 A.M., at the North Lee County Office
Building in Fort Madison. /s/George Morgan, Chairman Attest: /s/Anne Pedersen, Lee County Auditor |
