IN THE SHERIFFÕS OFFICE IN MAHASKA COUNTY IOWA No. C1601610 NOTICE OF APPLICATION FOR CONDEMNATION AND APPOINTMENT OF APPRAISERS FOR ASSESSMENT IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND FOR THE PLACEMENT OF SANITARY AND STORM SEWER LINES IN THE CITY OF OSKALOOSA IOWA, BY THE CITY OF OSKALOOSA, IOWA, Applicant. TO: Janet Robbins, Martha Arizumi, and all other persons, companies, or corporations having any interest in or owning any of the following described real estate: Lot 1 and the North 9Õ 4Ó of the East 71 feet of Lot 2, and in Block 14 of Penn College Addition to the City of Oskaloosa, Mahaska County Iowa. You are hereby notified that the Applicant desires to take, acquire and condemn a permanent easement in the properties hereafter described, together with a temporary construction easement as the adjacent portions, together with all leasehold interests, easement interests and other legal or equitable interests therein. The Applicant desires the rights specified in the properties sought to be condemned for the use for the placement of sanitary and storm sewer easements. Your Applicant states in support hereof pursuant to Iowa Code ¤6B.3 as follows: 1. Property to be acquired; Public Use or purpose for the taking. The property in which a permanent easement, and a temporary construction easement, is sought to be acquired for the sanitary sewer and storm sewer easement project are shown on the Acquisition Plat attached hereto as exhibit ÒAÓ, and by this reference incorporate herein. The permanent easement and temporary construction easement in the property will be used for the placement of a sanitary and storm sewer lines. The property sought to be acquired is located 813 Penn Blvd. in Oskaloosa, Iowa, and is legally described as follows: A permanent Easement across a part of Lot 1 and the North 9Õ 4Ó of the East 71 feet of Lot 2, and in Block 14 of Penn College Addition to the City of Oskaloosa, Mahaska County Iowa, being more particularly described as follows: Beginning at the Southeast corner of said part of Lot 2; thence S 89û 13Õ 25Ó W 40.0 feet along the South line thereof; thence N 51û 08Õ 00Ó E 50.80 feet to the East line of said Lot 1; thence S 00û 49Õ 15Ó E 31.34 feet to the Point of beginning Also a temporary construction easement across a part of said Lot 1 and the North 9Õ 4Ó of the East 71 feet of said Lot 2 being more particularly described as follows: beginning at the Southeast corner of said part of Lot 2; thence S 89û 13Õ 25Ó West 71 feet to the Southwest corner thereof; thence N 00û 48Õ 40Ó W 5 feet; thence N 51û 08Õ 00Ó E 26.92 feet; thence N 89û 13Õ 25Ó E 28.76 feet: thence N 01û 15Õ 05Ó W 22.15 feet; thence N 89û 13Õ 25Ó E 21.16 feet to the East line of said Lot 1; thence S 00û 49Õ 15Ó E 43.72 feet to the Point of Beginning. 2. Names of record owners and holders of liens and encumbrances on the property. The names and addresses of all record owners and holders of liens and encumbrances upon the subject premises are as follows: Titleholders: Janet Robbins P.O. Box 576 Oskaloosa, IA 52577 Martha Arizumi 5451 S. Miller Street Littleton, CO 80127 Leinholders and encumbrancers: None 3. Lands necessary to achieve the public purpose and lands proposed to be acquired for the project. The Acquisition plat, marked as exhibit ÒAÓ attached hereto, identifies those portions of the property which are required by the City of Oskaloosa Iowa for the purposes of the project. The City of Oskaloosa Iowa further asserts that the property constitutes the necessary minimum amount of land to achieve the purpose identified, and that no portion of the property is being acquired as an uneconomic remnant. 4. Good faith efforts made by the City to negotiate the purchase of the property. The City represents and warrants that it has undertaken to negotiate the purchase of the property from the property owner by engaging in negotiations with the property owner, but that they have been unable to reach a mutually agreeable sale of the premises sought to be acquired. You are further notified that the Chief Judge has selected and appointed the following-named persons to act as members of the said Compensation Commission. The person or persons above named having the fee ownership interest in said property have the right to challenge without cause one of the Compensation Commissioners so selected and appointed. The Applicant also has the right to challenge without cause one of the Compensation Commissioners so selected and appointed. Such challenge must be filed in writing with the Sheriff not less than seven (7) days prior to the meeting of the Compensation Commission to assess and appraise damages for the taking. COMPENSATION COMMISSIONERS APPOINTED NAME ADDRESS QUALIFICATIONS 1. George R. Wiedmann 312 Keomah Village Oskaloosa, IA 52577 Licensed Real Estate Broker/ Salesperson 2. Robert Gatton 2402 Ridgeway Ave. Oskaloosa, IA 52577 Licensed Real Estate Broker/ Salesperson 1. Chuck Webb 2275 Merino Ave. Oskaloosa, IA 52577 Knowledgeable of property values by virtue of occupation 2. Mark Hansen 532 West Main Fremont, IA 52561 Knowledgeable of property values by virtue of occupation 1. Gary Junkins 1006 Fox Run Drive Oskaloosa, IA 52577 Other than Agricultural 2. Larry Applegate 802 West Market Oskaloosa, IA 52577 Other than Agricultural You and each of you are further advised that the Chief Judge has selected and appointed the following-named persons to act as Alternate Commissioners and members of said Compensation Commission. If a Compensation Commission, the Sheriff is required to select and Alternate Commissioner to serve on the Commission from the following list, have the same qualifications at the Commissioner who is challenged or unable to serve. An Alternate Commissioner may not be challenged without cause by either the person or persons having the fee ownership interest in the property to be condemned or by the Applicant City of Oskaloosa. If a person is excused from the Compensation Commission, the Applicant city of Oskaloosa, Iowa, and the person or persons representing the fee ownership interest in the property may stipulate in writing to the selection and notification of a particular Alternate Commissioners have the same qualification as the person being replaced, provided such application is filed with the Sheriff no less than seventy-two (72) hours prior to the meeting of the Commission. Absent such stipulation, Alternate Commissioners will be selected and notified to serve in the order directed by the Chief Judge. ALTERNATE COMMISSIONERS APPOINTED NAME ADDRESS QUALIFICATIONS 1. Tim Murry 438 N. 5th St. Oskaloosa, IA 52577 Licensed Real Estate Broker/ Salesperson 2. Russell Spark 1129 High Ave. East Oskaloosa, IA 52577 Licensed Real Estate Broker/ Salesperson 1. Bonnie Bailey 1914 S. 11th Street Oskaloosa, IA 52577 Knowledgeable of property values by virtue of occupation 2. Robert Shuman 314 N. 8th St. Oskaloosa, IA 52577 Knowledgeable of property values by virtue of occupation 1. No names available Other than Agricultural 2. No names available Other than Agricultural You are further notified that the said Commissioners will, on the 10th day of February, 2017 at 9:00 a.m., view said premises and proceed to appraise said damages, at which time you may appear before the commissioners if you care to do so. City of Oskaloosa Iowa, Applicant 118 N. Market Street Oskaloosa, IA 52577 641-673-9481 ddixon@heslingalaw.com CITY ATTORNEY
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