Details for City of Davenport - Ad from 2021-11-20

City of Davenport Application for Condemnation East 53rd Street Reconstruction and Widening Project Recorder’s Cover Sheet Preparer Information: Brian Heyer, Assistant City Attorney City of Davenport ZZ6 W 4’” Street, Davenport, IA 52801 (563) 326-7735 Taxpayer Information: City of Davenport 226 W 4’’ Street, Davenport, lA 52801 Return Document To: Brian Heyer, Assistant City Attorney City of Davenport 226 W 4th Street, Davenport, lA 52801 Grantors: n/a Grantees: n/a Parcel Identification Number: N0737A01, N0833-01K, Y0717-080, N0711B07A, Y0719-01B, Y0721-03A, N0709A02, Y0817-09G Legal Description: see plats attached to application to condemn Document or instrument number of associated documents previously recorded: n/a Prepared by Brian Heyer, Assisted City Attorney, City of Davenport, 226 W 4th St., Davenport, IA 52801 Return to Brian Heyer, Assisted City Attorney, City of Davenport, 226 W 4th St., Davenport, IA 52801 IN THE SHERIFF’S OFFICE OF SCOTT COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR THE PUBLIC PURPOSE OF RIGHT OF WAY ACQUISITION EAST 53RD STREET RECONSTRUCTION AND WIDENING PROJECT by the APPLICATION FOR CONDEMNATION CITY OF DAvENPORT, IOWA Applicant TO: HONORABLE MARLITA GREvE, CHIEF JUDGE SEvENTH JUDICIAL DISTRICT OF IOWA YOU ARE HEREBY NOTIFIED that the Applicant, the City of Davenport, a municipal corporation, desires to take, acquire and condemn certain rights in real estate as hereinafter specified and described, together with any and all leasehold interests, easement interests and other legal or equitable interests upon the properties sought to be condemned in fee or as temporary construction easements. The City of Davenport desires the rights specified in the properties sought to be condemned for construction of improvements for the East 53rd Street Reconstruction and Widening Project in Davenport, Iowa. PROPERTY TO BE ACQUIRED; PUBLIC USE FOR THE TAKING. The property that the city seeks to condemn fee simple title and/ or permanent casements and/or temporary construction easements from for the veterans Memorial Parkway project are more specifically described as follows: Parcel 1- right of way acquisition and temporary construction easement (Scott County Parcel No. N0737A01 or 2415 E 53rd St.) Owner: Bethany Enterprises Inc., 5 Highland Green Ct., Bettendorf, lA 52722 The city seeks to acquire fee title to a crescent shaped piece of land (292 ± sq. ft.) along Southeast corner of the intersection of Jersey Ridge Road and East 53”1 Street together with a temporary construction casement located along the northerly portion of the subject property as shown on the attached plats, IF and lT, by this reference made a part hereof The temporary construction casement consists of 4,927 ± sq. ftParcel 2 - temporary construction easement (Scott County Parcel No. N0833-01K or 2843 E 53rd St.) Owner - Bethany Enterprises Inc., 5 Highland Green Ct., Bettendorf, IA 52722 The city seeks a temporary construction easement through condemnation as shown on the attached plat, Attachment 2T, by this reference made a part hereof. The temporary construction easement consists of 1,779 ± sq. ft. Parcel 3 - temporary construction easement (Scott County Parcel No. Y0721-02A or 2406 E 53rd St.) Owner- Heritage Place Inc., 5920 Lakehurst Dr., Davenport, IA 52807 The city seeks to acquire a temporary construction easement of 1,000 ± sq, ft., as shown on the attached plat, 3T, by this reference made a part hereof. Pared 4 - temporary construction easement (Scott County Parcel No. Y0717-080) 0wner- KAGR Davenport 1801, L.LC., C/0 Remedy Medical Properties, Inc., 800 W. Madison Street, Suite 400, Chicago, IL 60607 The city seeks a temporary construction easement consisting of 500 ± sq. ft., through condemnation. The temporary construction casement sought is shown on the attached plat, marked 4T, by this reference made a part hereof. Parcel 5 - temporary construction easement (Scott County Parcel No. N0711B07 A) Owner - Craig Lehman, 52.23 Woodland Avenue, Davenport, IA 52807 The city seeks a temporary construction easement consisting of 874 ± Sq. ft., through condemnation. The temporary construction easement is shown on the attached plat, marked ST, by this reference made a part hereof Parcel 6 - fee title and temporary construction easement (Scott County Parcel No. Y0719-01B and No. Y0719-02B) Owner - Montgomery Lands, L.C., 3202 Brady Street, Davenport, lA 52803. The city seeks to acquire fcc title to a crescent shaped piece of land (91 ± sq. ft.) along Southwest corner of the intersection of East 53rd and Belle Avenue together with a temporary construction casement located along the southerly portion of the subject property as shown on the attached plats, 6F and 61’, by thb reference made a pan hereof. The temporary construction casement consists of 2904 ± sq. ft. Parcel 7 - temporary construction easement (Scott County Parcel No. Y0721-03A) Owner - Ruppel Iowa, L.L.C., 998 Fremont Avenue, Dubuque, IA 52003. The city seeks to acquire a temporary construction casement consisting of 1,600 ± sq. ft., through condemnation. The temporary construction casement is shown on the attached plat, marked 7T, by this reference made a part hereof. Parcel 8 - temporary construction easement (Scott County Parcel No. N0709A02) 0wner - Sheila M. Speer Living Trust, 2231 East 45th Street, Davenport, IA 52807. The city seeks to acquire a temporary construction easement consisting of 742 ± sg. ft., through condemnation. The temporary construction easement is shown on the attached plat, marked 8T, by this reference made a part hereof. Parcel 9 - temporary construction easement (Scott County Parcel No. Y0817-09G) Owner - Toria Square, Inc., P.0. Box 705, Bettendorf, lA 52722 The city seeks to acquire a temporary construction casement consisting of 1575 ± sq. ft., through condemnation. The temporary construction casement as shown on the attached plat, marked 9T, by this reference made a part hereof Parcel 10 - temporary construction easement (Scott County Parcels No. N0712A01, N0712A03, N0712A04, and N0712A05) Owner - WCT Investments, LL.C., 2813 N. Main Street, Peoria, IL 61611 The city seeks to acquire a temporary construction easement consisting of 12,655 ± sq. ft., through condemnation, The temporary construction easement is as shown on the attached plats, marked 10T, by this reference made a part hereof. NAMES OF RECORD OWNERS AND HOLDERS OF LIENS AND ENCUMBRANCERS OF THE PROPERTY. Titleholders: Arc as shown above as identified as “Owner” for each parcel. Lienholders Encumbrancers and Leaseholders: Parcel 1 & 2: Blackhawk Bank & Trust, 1100 1st Avenue, Silvis, JL 61282; mortgage documents 2006-28319 and 2011-15901. Parcel 3: none Parcel 4: Capital One, N.A., 77 W, Wacker Drive, 10th Floor, Chicago, IL 60601; mortgage document 2021-23448. Parcel 5: Ascentra CU, 1710 Grant Street, Bettendorf, IA 52722; mortgage document 2009-14186 Parcel 6: none Parcel 7: none Parcel 8: none Parcel 9: none Parcel 10: Morton Community Bank, Branch #39, P.O. Box 104, Morton, IL 61550; mortgage documents 201912411 and 2019-32308. And: Marine Bank, Bloomington Branch, 3050 Wabash Avenue, Springfield, lL 62704; mortgage documents 2021-16049. LANDS NECESSARY TO ACHIEvE THE PUBLIC PURPOSE AND LANDS PROPOSED TO BE ACQUIRED FOR THE PROJECT. The rIght-of-way Acquisition Plats, attached hereto and made a part hereof, identify those portions of property which are required by the City of Davenport for the East 53rd Street Reconstruction and Widening Project. The City of Davenport asserts that the identified parcels of property constitute the necessary minimum amount of land to achieve the public purpose herein identified, and that no portion of any parcel is being acquired as an uneconomic remnant. GOOD FAITH EFFORTS MADE BY CITY TO NEGOTIATE THE PURCHASE OF THE PROPERTY. The City of Davenport represents and warrants that it has undertaken the following activities in attempting tn negotiate the purchase of the previously-identified properties from the respective property owners. (a) On November 28, 2018, the City of Davenport City Council adopted a resolution, under Roll Call No. 2018-507 authorizing the use of condemnation of private property for the East 53rd Street Reconstruction and Widening project. (b) Prior to the City Council’s authorization of condemnation, at various times beginning in May of 2021 and continuing to the present the City of Davenport received value finding appraisals of the properties to be acquired or prepared condemnation estimates indicating the fair market value of the property interest to be required for the project. (c) The City of Davenport mailed ten day letters to the respective property owner(s) which included an offer to purchase the properties identified above at the fair market value as set forth in the appraisals. together with a copy of the appraisal. The offer provided that it would remain open for acceptance by the owner(s) through entire condemnation proceeding. The offer was also accompanied by a cover letter, in fanning the owner(s) of their right to waive the 10 day waiting period for commencement of negotiations, and informing the owner(s) of the requirement that the City of Davenport negotiate for the purchase of the property in good faith. (d) At the conclusion of the waiting period, the City of Davenport contacted the owner(s) to commence negotiations for the purchase of said property. The City of Davenport mer with and communicated with the property owner(s) on various occasions to negotiate the terms of purchase. The City’s efforts to purchase the properties identified at XXXX market value pursuant to appraisal were unsuccessful. NOW THEREFORE, pursuant to a regularly adopted resolution by the City Council of the City of Davenport, Iowa, you are hereby respectfully requested to appoint n Compensation Commission to appraise damages caused by this appropriation; said Compensation Commission to consist of six commissioners who shall be residents of Scan County, lowa. You are further requested to give written notice to the City of Davenport, Iowa, as soon as the commissioners are appointed. Dated this 14th day of September, 2021. City of Davenport Brian Heyer ATM820004 Assistant City Attorney 226 West 4th Street Davenport, IA 52801 (563) 326-7735 Fax (563) 328-6767 beh@ci.davenport.ia.us APPROvED ON THIS 15th day of September, 2021. Marlita Greve Chief Judge 7th Judicial District of Iowa In accordance with Iowa Code §6B.3(7), I, the undersigned, certify under penalty of perjury and pursuant to the laws of the State of Iowa that this Original Application for Condemnation has been approved by the Chief Judge of the 7111 Judicial Dis trier of Iowa. Brian Heyer AT0003551 Assistant City Attorney 226 West 4th Street Davenport, IA 52801 (563) 326-7735 Fax (563) 328-6767 beh@ci.davenport.ia.us Filed in my office at Davenport, Scott County, Iowa, on this 16th day of September, 2021. Timothy Lane Sheriff, Scott County Notice is hereby given of the filing of an application for condemnation of certain lands by the City of Davenport, Iowa, for the East 53rd Street Reconstruction and Widening project. A compensation commission will meet on December 1, 2021 in the Office of the Scott County Sheriff beginning at 9:30 a.m. to determine and assess damages. Pursuant to the requirements contained in Iowa Code Section 6B.3(2)(a), a copy of said application is published herewith. City of Davenport Brian Heyer Assistant City Attorney 563-326-7735