HomeMy WebLinkAbout2010-12-20-Resolutions 10-317_Davis Estates - Settlement AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-317
ACKNOWLEDGING AND APPROVING SETTLEMENT
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized
Municipal Organization;AND,
WHEREAS,the City of Waukee and the City of West Des Moines have jointly pursued an
interchange across Interstate 80 known as the 10Sth Street /Alice's Road interchange project
(PROJECT),pursuant to a 28E Agreement entered into between the Cities on February 11,
2008;AND,
WHEREAS,pursuant to the 28E Agreement the City of West Des Moines is the lead agency
for the acquisition of land necessary for the proj ect;AND
WHEREAS,Davis Estates Ltd.owns property on West Des Moines'side of the Interstate
which was acquired in furtherance of the proj ect through eminent domain proceedings;AND
WHEREAS,said property owner appealed the original award determined by the
condenmationjury for the property involved;AND
WHEREAS,West Des Moines,as the lead agency for acquisitions,has recommended and
presented a proposed settlement concerning said acquisition and appeal concerning the
property(ies)owned by Davis Estates Ltd which are part of the proj ect;AND
WHEREAS,the City Council of the City of Waukee having reviewed the proposal submitted
by West Des Moines in conjunction with its acquisition of certain property owned by Davis
Estates Ltd.,and having reviewed the same,does not object to the settlement and its approval
by West Des Moines,Iowa.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the
proposed settlement associated with property acquisition for the lOSth Street /Alice's Road
interchange from Davis Estates Ltd.is received and filed.The City ofWankee does not
object to its approval by the City of West Des Moines in furtherance of the Project and,to the
extent necessary under the 28E between the Cities,approves the same
Passed by the City Council of the City of Waukee,Iowa,and approved this the 20th day of
December,2010.
Attest:
J effr ..Kooistra,City Administrator/Clerk
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT
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X
ABSTAIN