HomeMy WebLinkAbout2023-09-18 I01G Crop Damage_Lonely AcresAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 18, 2023
AGENDA ITEM:Consideration of approval of a resolution approving crop damage claim
[Lonely Acres, LLC & Shattuck’s Green Acres]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: An agreement between the City of Waukee and the Tenant
Farmer, Shattuck’s Green Acres, for loss of sod crop within the temporary
construction easement and permanent gas main easement on the Lonely Acres
parcel. This work is part of the Waukee TBS No. 1 relocation project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Payment in the amount of
$34,691.51 will be made to the tenant, Shattuck’s Green Acres.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Resolution
II. Claim Damage Form
III. Easement Map
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1G
THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING CROP DAMAGE CLAIM
[LONELY ACRES, LLC & SHATTUCK’S GREEN ACRES]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, there is an agreement between the City of Waukee and the Tenant Farmer,
Shattuck’s Green Acres, for loss of sod crop within the temporary construction easement and
permanent gas easement on the Lonely Acres parcel; AND,
WHEREAS, this work is part of the Waukee TBS No. 1 Relocation Project; AND,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee approve
the Crop Damage Claim [Lonely Acres, LLC & Shattuck’s Green Acres] is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 18th day of
September, 2023.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
WO#
JCG PN:
LANDOWNER NAME:PHONE (H):
MAILING ADDRESS:PHONE (C):
CITY, STATE, ZIP:COUNTY:
TENANT NAME:PHONE (H):
MAILING ADDRESS:PHONE (C):
CITY, STATE, ZIP:COUNTY:
BRIEF DESCRIPTION OF DAMAGES:
Crop:
TOTAL AREA =119,501 Sq.Ft. YIELD x 0.26 S/F
GRAND TOTAL DAMAGE PAYMENT =
$34,691.51
LEGAL:PARCEL #:
Signature:Date:
Signature:Date:
PROJECT NAME :TBS Gas Main Relocation n/a
AGENT'S INITIALS:BTN 6457
Shattuck's Green Acres 515.992.3812
25933 Ridgeview Ln n/a
Lonely Acres, LLC n/a
1800 Burr Oak Blvd 515.202.2357
Granger, IA 50109 Dallas
$31,070.26
Dallas Center, IA 50003 Dallas
Soil compaction in permanent and temporary easement due to gas main installation
Sod
PRICE =
$34,691.51
ADDITIONAL EXPENSES or NOTES:*Seed Cost = $877.88 and Seeding Labor = $2,743.37
TOTAL OF ADDITIONAL EXPENSES =$3,621.25
Tenant
I do hereby acknowledge that upon the reciept of the payment to me of the sum:
I understand and agree that said payment is the sole consideration for this release and is in full settlement of all my claims and causes of action for damages
apparent at the date hereof and that there are no agreements or promises not expressed herein. I further understand that I have five years to renegotiate
construction and maintenance damages not apparent at the date hereof.
Landowner
by the CITY OF WAUKEE
and in consideration of said payment, I do hereby release and forever discharge the said Acquiring Authority for all claims for damages apparent at the date
hereof and arising from or occurring out of the construction, over and across the following described property:
NW SW Section: 18 Township: 79 Range: 26 1218300001
TOTAL PAYMENT TO BE SPLIT AS FOLLOWS:
100% of damage payment to Tenant.
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125.00'
325.00'
Lonely Acres, LLC
MEREDITH DRIVE AND S AVENUEGAS MAIN RELOCATION ALONG ROW LEGEND
SECTION LINE = FUTURE S AVENUE
TEMPORARY EASEMENT LINES
PERMANENT GAS EASEMENTPERMANENT GAS EASEMENT LINES
TEMPORARY EASEMENT
FE E T
0 1 0 0
PROPOSED 6" GAS MAIN
TEMPORARY EASEMENT
PERMANENT GAS EASEMENT
TEMPORARY EASEMENT
D alla s C o u n t y
55.00'
S AVENUE
01
140.00'
TBS AREA
Temporary Easement to Continue Ditch = 40,625 SF
Temporary Easement for Additional Grading = 35,664 SF
Temporary Easement for TBS Pad = 27,480 SF
Permanent Acquisition = 14,000 SF
Permanent Gas Easement = 3,746 SF
Temporary Easement = 11,986 SF
PROPOSED PROPERTY LINES
33.00'17.00'10.00'
15.00'100.00'
EXISTING ROW LINES
PERMANENT ACQUISITION
FUTURE RIGHT OF WAY = 35.00'
FUTURE ROW LINES
220.00'
200.00'
FOR DRAINAGE GRADING
ADDITIONAL TEMP. EASEMENT
E
EDCBA
A B C D
200.00'
135.00'
TO CONTINUE DITCH
ADDITIONAL TEMP. EASEMENT