HomeMy WebLinkAbout2004-04-05-Resolutions 04-67_University Ave - 142nd to Waco - Property Purchase ProceedingsTHE CITY OF WAUKEE,IOWA
RESOLUTION 04-67
APPROVING AND AUTHORIZING JAMES E.GRAHAM,ATTORNEY AT LAW,TO
INSTITUTE AND CONDUCT CONDEMNATION PROCEEDINGS TO ACQUIRE
CERTAIN REAL ESTATE OR TEMPORARY EASEMENTS IN ORDER TO PERMIT
CONSTRUCTION OF THE UNIVERSITY AVENUE WIDENING IMPROVEMENT
PROJECT,NO.STP-U-8177(604)-70-25
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Iowa has determined to construct the University Avenue
Widening Improvement,No.STP-U-8177(604)-70-25,a public improvement which requires the
City of Waukee,Iowa to acquire all the right of way and property rights necessary to construct
and maintain the public improvement;AND,
WHEREAS,if good faith negotiations are not successful,it may be necessary to institute
condemnation proceedings to acquire property needed for the project in order to obtain
possession of properties and to construct this public improvement project;AND,
WHEREAS,Section 6B.2 of the Iowa Code empowers and thereby authorizes the City of
Waukee to appoint a person to represent and to conduct condemnation proceedings for the City
of Waukee,Iowa;AND,
WHEREAS,James E.Graham has agreed to institute and represent the City of Waukee,Iowa at
condemnation proceedings for those properties identified as (1)Steven H.Bryant,14655
University Avenue -temporary easement and (2)Gerald J.&Nancy L.Reese,14625 University
Avenue -partial acquisition and temporary easement.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
5th day of April 2004 that it hereby approves authorizing James E.Graham,Attorney at Law,as
the appointed representative of the City of Waukee and hereby directs,authorizes and empowers
Mr.Graham to institute and conduct all condenmation proceedings necessary to obtain
possession of property for the construction of the University Avenue Widening Improvement
project for and on behalf of the City of Waukee,Iowa.
,Mayor
Attest:
Mark J.Are s ,City Administrator erk
ROLL CALL VOTE
Nicholas C.Gruber
Donald L.Bailey,JI.
Bill peard
JeffV.Mertz
Darlene Stanton
AYE
X
NAY ABSENT
X
X
X
X
State onowa
County of Dallas,ss:
On this _day of May 2004,before me,Catherine A.Paardekooper,a Notary Public in and for
the State of Iowa,personally appeared Tony Oberman and Mark J.Arentsen to me personally
known,who,being by me duly swom,that they are the Mayor and the City Administrator/Clerk
ofthe City of Waukee,Iowa and that the Resolution adopted was signed and sealed by the
authority of its City CounciL The resolution was moved by Don Bailey,JI.and seconded by Jeff
Mertz,the motion carried on the 5th day of April 2004 by a vote of 4 -1.
Notary Public in and for the State of Iowa I
1