BOARD OF SUPERVISOR’S

December 9, 2003

 

The Board of Supervisor met in Session on the above date with the following members present:  Magnusson, Peterson, Condon, Gill, and Nolting.  

 

Moved by Magnusson, seconded by Condon to approve minutes of December 2, 2003 meeting.  Motion carried unanimously.

 

Moved by Condon, seconded by Gill to receive and place on file Drainage Repairs in D.D.# 5 Laterals 2, 4 and 5.  Motion carried unanimously.

 

Moved by Gill, seconded by Nolting to approve and authorize Chair to sign the following resolution:

 

RESOLUTION

 

WHEREAS, VERASUN FORT DODGE, L.L.C., a Delaware limited liability company is entering into an Option Agreement with A.E. STALEY MANUFACTURING COMPANY, a Delaware Corporation, relating to the purchase of approximately 276 acres as ascribed in Exhibit “A” attached hereto and by this reference made a part hereof; and

 

WHEREAS, WEBSTER COUNTY DEVELOPMENT, an Iowa Non-profit Corporation, is entering into an Option Agreement with A.E. STALEY MANUFACTURING COMPANY, a Delaware Corporation, relating to the purchase of the property described in Exhibit “A” attached hereto and by this reference made a part hereof; and

 

WHEREAS, A.E. STALEY MANUFACTURING COMPANY owns additional property as identified in Exhibit “B” attached hereto and by this reference made a part hereof; and

 

NOW THEREFORE, BE IT RESOLVED, by the WEBSTER COUNTY BOARD OF SUPERVISORS that they approve a five (5) year extension of the time limit for A.E. STALEY MANUFACTURING COMPANY to comply with the requirements of Iowa Code §9I.4 with respect to the property as set forth in Exhibit “A” and Exhibit “B” attached hereto.

 

BE IT FURTHER RESOLVED, that effective 12/11/03 said extension shall begin and continue through 12/11/08 in consideration of A.E. STALEY MANUFACTURING COMPANY complying with all terms and provisions of the Option Agreements it has entered into with VERASUN FORT DODGE, L.L.C., a Delaware Limited Liability Company, and the WEBSTER COUNTY DEVELOPMENT, an Iowa Non-profit Corporation.

 

BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and approval.

 

PASSED AND APPROVED, on this 9th day of December, 2003.

 

S/Eddie Peterson

Chairman of the Webster County

Board of Supervisor

 

ATTEST:

 

S/Carol Messerly

County Auditor

 

EXHIBIT A

 

The West Half (W1/2) of Section Twenty (20) in Township Eighty-nine (89) North, Range Twenty-nine (29) West of the 5th P.M., Webster County, Iowa, excepting there from the South Seven Hundred and Twenty-two Feet (S722’) thereof, and except the right-of-way of the Chicago and North Western Transportation Company, as now located and constructed over the same, and except tract conveyed to the State of Iowa, as described in Deed, Record No. 146 on Page 19 of the Records of Webster County, Iowa, and except a tract to be platted located in the southeast corner as depicted on Exhibit 1 attached hereto, being approximately 276 acres.

 

EXHIBIT B

 

Part of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section Twenty-nine (29), in Township Eighty-nine (89) North, of Range Twenty-nine (29), West of the 5th P.M., Iowa (being the vacated portion of the plat of Tara, Iowa, previously described as Lots 1,2,3,4,12,13, and 14 in Block 1, all of Block Two (2) and all of Block Three (3) and the streets and alleys adjacent thereto in the town of Tara, Iowa) more particularly described as follows:  Beginning at the Northeast corner of Lot Five (5) in Block One (1) in said Town of Tara and running thence West to the Northwest corner of Lot Eleven (11) in said Block One (1), thence South of the Southwest corner of said Lot Eleven (11), thence West along the North line of Powers Street to the West line of First Street, thence South along the West line of said First Street to the former Southeast corner of said vacated Block Three (3) to the West line of Second Street extended, thence North along said West line of Second Street extended to the North line of said Section Twenty-nine (29), thence East along said North line of Said Section to the West line of Taylor Street,

and thence South along the West line of said Taylor Street to the point of beginning;

Also the following described tract of land, to-wit:  All that part of the North Half (N1/2) of the Northwest Quarter (NW1/4), of Section No. Twenty-nine (29), in Township No. Eighty-nine (89) North, of Range No. Twenty-nine (29), West of the 5th P.M., Iowa, lying West of the town plat of Tara, and lying North of the right-of-way of the Chicago Central & Pacific Railroad Company, except a strip of land deeded to the village of Tara, described as follows:  A strip of land Sixty Feet (60’) in width lying North of and adjoining the right-of-way of the Chicago Central & Pacific Railroad Company in the Northwest Quarter (NW1/4) of Section Twenty-nine (29), Township Eighty-nine (89), Range Twenty-nine (29), commencing on the West line of said Section Twenty-nine, and running East along said right-of-way, to the West line of Taylor Street, in said Northwest Quarter (NW1/4) of Section Twenty-nine (29), for a public highway and so long as used as such.

And

 

That part of the South Fractional Half lying North of the right-of-way of Illinois Central Gulf Railroad Company of Section Nineteen (19), Township Eighty-nine (89) North, Range Twenty-nine (29), AND that part of the North Half (N1/2) of the Northeast Quarter (NE1/4) of Section Thirty (30, Township Eighty-nine (89) North, Range Twenty-nine (29), lying North of Illinois Central Gulf Railroad Company right-of-way, all West of the 5th P.M. Webster County, Iowa, subject to easements.

 

Motion carried unanimously.

 

Moved by Nolting, seconded by Magnusson to receive and place on file Manure Management Plans for Greg Campbell in Section 5 Dayton Township and Section 32 Yell Township.  (Copies on file in Auditor’s office).  Motion carried unanimously.

 

Moved by Magnusson, seconded by Condon to receive and place on file Webster County Jail Inspection Report.  (Copy on file in Auditor’s office).  Motion carried unanimously.

 

Webster County Agricultural Association discussed funding for Fiscal Year 2004-2005.  No action taken.

 

Veteran Affairs Commission to meet with Board to discuss concerns and heard comments from the public.  The hours available to the public and the location were discussed.  Commission members discussed a flyer that will soon be available around the community to assist in getting the word out of the services available. 

 

 

Moved by Magnusson, seconded by Condon to go into closed session to discuss pending litigation, in accordance with Chapter 21.5(1)© at 11:30a.m. Roll call vote:  Ayes – Magnusson, Condon, Gill, Nolting and Peterson.  Nays – none.  Motion carried unanimously.

 

At 11:54a.m. it was moved by Condon, seconded by Gill to return to open session.  Motion carried unanimously.

 

Moved by Gill, seconded by Nolting to reject the offer to settle regarding pending litigation.  Motion carried unanimously.

 

Mark Thompson addressed the board on his concerns that above the area of crossing in Walt DeLanoit property the silt has accumulated and would need to be cleanout as a result of the obstruction.  Chairman Peterson agreed to have the drainage engineer look into this matter.

 

Moved and seconded the meeting adjourned.