06/12/1995 Council Packet - Laserfiche WebLink

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COUNCIL MEETING MAY 22, 1995 Mr. Wessel noted the changes in the legal description of the parcel and explained that the sale price is $89,700.00. Mr. Wessel recommended that the City Council adopt the FIRST READING of Ordinance No. 10 - 95. Council Member Elliott moved to approve the FIRST READING of Ordinance No. 10 - 95. Council Member Bergeson seconded the motion. Motion carried unanimously. CITY ATTORNEY'S REPORT, BILL HAWKINS Consideration of Approving a Purchase Agreement for Well Site No. 3, LaMotte Property, Birch Street - Mr. Hawkins explained that the City needs to acquire approximately an acre site for the location of Well No. 3. An eminent domain action was started to acquire the site. Throughout the process negations have continued with the LaMotte's for purchase of the land. The property has been appraised at $27,200.00. An agreement has been reached with the LaMotte's and they have signed a purchase agreement to sell the parcel to the City for $29,200.00. Mr. Hawkins explained that the purchase agreement is $2,000.00 more than the appraisal value. The LaMotte's feel that there has been some damage to their property as a result of a drainage ditch. Mr. Hawkins felt that if the City were to continue the eminent domain process on this matter, the cost would far exceed the extra $2,000.00. He felt that the agreed upon price of $29,200.00 is reasonable in this case. Mr. Hawkins explained that there will be a driveway to the well house. The purchase agreement includes a stipulation that the City would install a gate so that the well house will not be accessible by anyone other than persons who would normally have access to the well. A second agreement is if the excavation work on a ditch that the LaMotte's allege is not complete and is causing damage and preventing them from taking a hay crop from other property that they own, by August 1, 1995, the City would pay them another $1,000.00 for the loss of the hay crop in 1995. Mr. Hawkins recommended that the City Council accept the purchase agreement and authorize the Mayor and the City Clerk to sign the purchase agreement with the above stated agreement terms. Mr. Hawkins was asked how the appraiser determined the price of the land. Mr. Hawkins explained that the City will be taking the highest piece of land in this area for the well. Although it appears that the appraisal price is high, when you take the low land and the high land in the City and average them out, the value is about $12,000.00 to $18,000.00. In this case the City PAGE 22