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                                                      July 10, 2007

 

 

The Lee County Board of Supervisors met on Tuesday, July 10, 2007 at 9:00 A.M., at the North Lee County Office Building in Fort Madison.

 

      Present: Ernie Schiller, Rick Larkin, Larry Kruse, George Morgan and Bob Woodruff

 

All votes are unanimous unless otherwise indicated.

 

Moved by Schiller, seconded by Larkin, to approve the Tuesday, July 3, 2007 board minutes. Motion carried.

 

Chairman Kruse presented a Certificate of Appreciation to Maintenance Director Jim Bethurem recognizing his retirement.

 

Moved by Woodruff, seconded by Morgan, to approve an Iowa Department of Economic Development Community Development Block Grant Program Contract for Project #07-WS-038. Motion carried.

 

Moved by Woodruff, seconded by Morgan, to authorize the Chair to sign a contract with the appropriate changes, for services with Southeast Iowa Regional Planning Commission for Project #07-WS-038. Motion carried.

 

Moved by Woodruff, seconded by Morgan, to approve a contract for services with Southeast Iowa Regional Planning Commission for Project #06-ED-004. Motion carried.

 

Moved by Morgan, seconded by Schiller, to authorize the Chair to sign a Sub recipient Agreement with the appropriate changes, with Denmark Water Company and ETF Authorization Form for Project #07-WS-038. Motion carried.

 

Citizen Comments: Harry Sylvester, Fort Madison, representing Citizens for Public Safety read a list of dates and sights where the committee will be holding informational meetings to educate the public on the August 21, 2007 jail bond referendum.

 

Moved by Morgan, seconded by Larkin, to approve the following resolution:

Resolution #2007-88

 

WHEREAS, a public hearing was held on the 12th day of December, 2006, at 9:02

o’clock a.m. at the Boardroom, Lee County Office Building, 933 Avenue H, Fort Madison, Iowa with notice duly published not less than four (4) nor more than twenty (20) days prior to the date and time fixed for hearing.

 

 NOW THEREFORE, BE IT RESOLVED that the Lee County Board of Supervisors hereby determines that the following described parts of Bluff Park, an Addition to the Town of Montrose, Lee County, Iowa, described below shall be vacated:

 

A 35.049 acre tract, being a part of the Bluff Park Addition to the Town of Montrose, located in the East half of Fractional Section 11 and in the Southwest quarter of Fractional Section 12, Township 66 North, Range 5 West of the 5th Principal Meridian, Lee County, Iowa and is more particularly described as follows:  Commencing at the South Ό corner of said Frac. Section 11, thence N00°34’37”E, 1218.05 feet along the west line of the southeast quarter said Section 11 to the point of beginning; thence continuing along said west line N00°34’37”E, 252.27 feet to the northwesterly right of way line of extended Grand Avenue; thence N34°00’00”E, 33.14 feet along said westerly right of way line to the southwest corner of Parcel “B”; thence S86°40’55”E, 279.51 feet along the south line of said Parcel “B” to the westerly right of way line of Bluff Park Avenue; thence along said right of way line the following courses, Northwesterly, 115.34 feet along a nontangent right of way curve, concave northeasterly, having a radius of 145.89 feet (chord bearing N10°36’48”W, 112.36 feet), N08°37’10”E, 77.38 feet and N76°01’42”W, 136.57 feet to the westerly right of way line of said Grand Avenue; thence N34°00’00”E, 122.03 feet to the easterly line of Lot 9, Block 8 said Bluff Park Addition; thence Northeasterly, 78.76 feel along a curve, concave westerly, having a radius of 138.43 feet, (chord bearing N34°00’00”E, 77.70 feet to the westerly right of way line of said extended Grand Avenue; thence

N34°00’00”E, 36.95 feet to the extended south line of Lot 5 said Block 8:  thence N85°48’22”W, 45.66 feet along said extended south line to the extended west line of Lot 4, said Block 8; thence N03°03’28”W, 270.19 feet along said west line to the centerline of Mississippi River Road; thence Southeasterly, 173.05 feet along a centerline curve, concave westerly, having a radius of 2864.79 feet (chord S81°22’12”E, 173.02 feet); thence continuing along said centerline S79°38’22”E, 112.71 feet; thence N10°35’30”E, 112.94 feet to the south right of way line of the Burlington Northern Santa Fe Railroad; thence S81°39’15”E, 270.70 feet along said right of way line to a right of way curve, concave westerly, having a radius of 5756.94 feet; thence Southeasterly, 2110.48 feet along said curve (chord S71°21’34”E, 2098.68 feet); thence S33°19’50”W, 228.90 feet along the north line of the Frazier property to the easterly right of way line of Mississippi River Road; thence S32°20’42”W, 30.00 feet to the centerline said Mississippi River Road; thence along said centerline the following courses: Northwesterly, 129.27 feet along a curve, concave southerly, having a radius of 1359.50 feet (chord N60°22’45”W, 129.22 feet); N63°06’10”W, 270.86 feet; N67°47’42”W, 275.20 feet; N63°31’22”W, 516.82 feet and N73°10’22”W, 70.45 feet; thence S28°54’55”W, 342.41 feet along the extension of the remnant of an existing fence marking the northerly line of the King’s Daughter’s property; thence S30°24’03”W, 546.50 feet along an existing fence; thence N81°26’03”W, 297.00 feet along an existing fence to the centerline of a County Road; thence N83°00’51”W, 779.63 feet along an existing fence to the point of beginning, containing 35.049 acres, subject to all easements and to the right of way of Mississippi River Road.

 

 

BE IT FURTHER RESOLVED that the Lee County Board of Supervisors has determined based in part upon the request and consent from all landowners, that the following streets located within the current plat of Bluff Park, an Addition to the Town of Montrose, Lee County, Iowa, are of no benefit to the public and shall be vacated:

 

Elm Ridge Drive, Central Avenue, John’s Lane, Blom Lane, Greggs Lane, Bluff Park Avenue, Whitaker Avenue, and Highland Drive.

 

BE IT FURTHER RESOLVED that the Lee County Board of Supervisors hereby approves the recording of the Central Bluff Park Replat to the Town of Montrose, Lee County, Iowa, describing the following real estate:

 

A 35.049 acre tract, being a part of the Bluff Park Addition to the Town of Montrose, located in the East half of Fractional Section 11 and in the Southwest quarter of Fractional Section 12, Township 66 North, Range 5 West of the 5th Principal Meridian, Lee County, Iowa and is more particularly described as follows:  Commencing at the South Ό corner of said Frac. Section 11, thence N00°34’37”E, 1218.05 feet along the west line of the southeast quarter said Section 11 to the point of beginning; thence continuing along said west line N00°34’37”E, 252.27 feet to the northwesterly right of way line of extended Grand Avenue; thence N34°00’00”E, 33.14 feet along said westerly right of way line to the southwest corner of Parcel “B”; thence S86°40’55”E, 279.51 feet along the south line of said Parcel “B” to the westerly right of way line of Bluff Park Avenue; thence along said right of way line the following courses, Northwesterly, 115.34 feet along a nontangent right of way curve, concave northeasterly, having a radius of 145.89 feet (chord bearing N10°36’48”W, 112.36 feet), N08°37’10”E, 77.38 feet and N76°01’42”W, 136.57

feet to the westerly right of way line of said Grand Avenue; thence N34°00’00”E, 122.03 feet to the easterly line of Lot 9, Block 8 said Bluff Park Addition; thence Northeasterly, 78.76 feel along a curve, concave westerly, having a radius of 138.43 feet, (chord bearing N34°00’00”E, 77.70 feet to the westerly right of way line of said extended Grand Avenue; thence N34°00’00”E, 36.95 feet to the extended south line of Lot 5 said Block 8:  thence N85°48’22”W, 45.66 feet along said extended south line to the extended west line of Lot 4, said Block 8; thence N03°03’28”W, 270.19 feet along said west line to the centerline of Mississippi River Road; thence Southeasterly, 173.05 feet along a centerline curve, concave westerly, having a radius of 2864.79 feet (chord S81°22’12”E, 173.02 feet); thence continuing along said centerline S79°38’22”E, 112.71 feet; thence N10°35’30”E, 112.94 feet to the south right of way line of the Burlington Northern Santa Fe Railroad; thence S81°39’15”E, 270.70 feet along said right of way line to a right of way curve, concave westerly, having a radius of 5756.94 feet; thence Southeasterly, 2110.48 feet along said curve (chord S71°21’34”E, 2098.68 feet); thence S33°19’50”W, 228.90 feet along the north line of the Frazier property to the easterly right of way line of Mississippi River Road; thence S32°20’42”W, 30.00 feet to the centerline said Mississippi River Road; thence along said centerline the following courses: Northwesterly, 129.27 feet along a curve, concave southerly, having a radius of 1359.50 feet (chord N60°22’45”W, 129.22 feet); N63°06’10”W, 270.86 feet; N67°47’42”W, 275.20 feet; N63°31’22”W, 516.82 feet and N73°10’22”W, 70.45 feet; thence S28°54’55”W, 342.41 feet along the extension of the remnant of an existing fence marking the northerly line of the King’s Daughter’s property; thence S30°24’03”W, 546.50 feet along an existing fence; thence N81°26’03”W, 297.00 feet along an existing fence to the centerline of a County Road; thence N83°00’51”W, 779.63 feet along an existing fence to the point of beginning, containing 35.049 acres, subject to all easements and to the right of way of Mississippi River Road.

 

Excepting therefrom the following described tract which is hereby dedicated for public usage.  Beginning at the southeast corner of Lot 12, Central Bluff Park Replat, thence Northwesterly, 119.13 feet (chord bearing N19°23’55”W, 115.80 feet) along a right of way curve, concave westerly, having  a radius of 144.83 feet; thence N42°57’24”W, 131.70 feet to a right of way curve, concave southwesterly, having a radius of 199.46 feet; thence Northwesterly, 118.60 feet (chord bearing N59°59’28”W, 116.86 feet) along said curve; thence N77°01’32”W, 96.72 feet to a right of way curve, concave northeasterly, having a radius of 145.86 feet; thence Northwesterly, 111.14 feet (chord bearing N55°09’20”W, 108.72 feet) to a curve, concave easterly, having a radius of 145.89 feet; thence Northwesterly, 115.34 feet (chord bearing N10°36’48”W, 112.38 feet); thence N08°37’10”E, 77.38 feet and N76°01’42”W, 136.57 feet along the east and north lines of Parcel A to the Northwest corner of said Parcel A; thence N34°00’00”E, 44.35 feet along the extended  westerly right of way line of vacated Grand Avenue to the southwest corner of Lot 14; thence S77°33’58”E, 17.77 feet and N34°00’00”E, 88.74 feet along the south and east lines of said Lot 14; thence S85°14’19”E, 481.57 feet to a cul-de-sac having a radius of 45.00 feet; thence Southeasterly, 205.38 feet along said cul-de-sac; thence N85°14’19”W, 413.37 feet; thence S05°55’03”W, 69.93 feet; thence S76°01’42”E, 7.90 feet; thence S08°37’10”W, 105.00 feet to a right of way curve, concave northeasterly, having a radius of 79.89 feet; thence Southeasterly, 119.42 feet (chord bearing S34°12’38”E, 108.59 feet); thence

S77°01’32”E, 91.24 and S77°01’32”E, 33.80 feet to a right of way curve, concave southwesterly, having a radius of 265.46 feet; thence Southeasterly 157.84 feet (chord bearing S59°59’28”E, 155.53 feet); thence S42°57’32”E, 131.69 feet to a right of way curve, concave westerly, having a radius of 210.83 feet; thence Southeasterly, 177.57 feet (chord bearing S18°38’57”E, 173.61 feet to the southeasterly corner of Lot 10; thence N81°26’03”W, 33.51 feet and N83°02’19”W, 33.94 feet to the point of beginning, containing 2.246 acres.

 

Dated this 10th day of July 2007.

Lee County Board of Supervisors. /s/ Larry W. Kruse, Chairman, /s/ Robert J. Woodruff, Vice Chairman, /s/ Rick Larkin, Member, /s/ George Morgan, Member, /s/ Ernest Schiller, Member. Attest: /s/Anne Pedersen, Lee County Auditor. Motion carried.

 

Moved by Woodruff, seconded by Kruse, to table a Digital Data Application from NAVTEQ North America, LLC until the Board receives approval from Lee County Attorney Mike Short. Motion carried.

 

Moved by Schiller, seconded by Larkin, to table approval of clarification of funeral leave in the personnel policy and union contracts until there is written clarification. Motion carried.

 

Moved by Schiller, seconded by Larkin, to approve payment of 2007 dues in the amount of $500.00 to Highway 61 Coalition. Motion carried.

 

There was no New Business.

 

Committee Reports: Supervisor Schiller will be attending a RUSS board meeting, Children First meeting, Geode RC&D meeting and a Conservation meeting within the next week.

     

      Received and filed the South Lee County Auditor’s Report of Fees Collected for the quarter ending June 30, 2007.

 

      Received and filed the February 2007, March 2007, April 2007 and May 2007 Minutes of Meeting and the January 2007, February 2007, March 2007 and April 2007 Monthly Report of the Commission of Veteran Affairs.

 

With no further business, Chairman Kruse adjourned the meeting at 9:59 A.M.  The next meeting of the Board will be Tuesday, July 17, 2007 at 9:00 A.M. at the South Lee County Courthouse in Keokuk.

    

 

/s/Larry W. Kruse, Chairman

 

Attest: /s/Anne Pedersen, Lee County Auditor