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Home My WebLink About2020-09-21-I01P Property Acquisition Agreement_Easements_Signature Development of IA_NW 2nd StAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 21, 2020 AGENDA ITEM:Consideration of approval of a Property Acquisition Agreement and Easements between Signature Development of Iowa, LLC, and the City of Waukee [NW 2nd Street Improvements Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Approval of these items are necessary to complete the NW 2nd Street Improvement Project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:Both easements are being provided to the City at no cost. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Property Acquisition Agreement II. Public Utility Easement III. Temporary Construction Easement PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1P THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING PROPERTY ACQUISITION AGREEMENT AND EASEMENTS BETWEEN SIGNATURE DEVELOPMENT OF IOWA, LLC, AND THE CITY OF WAUKEE [NW 2ND STREET IMPROVEMENTS PROJECT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City has been in discussion with specific property owners regarding the conveyance of certain property interests necessary for construction of the NW 2nd Street Improvement Project; AND WHEREAS, the discussions have resulted in agreements and easements that the City Staff believes are in the best interest of the City to approve. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the Property Acquisition Agreement, Permanent Easements and Temporary Construction Easements related to the NW 2nd Street Improvements between Signature Development of Iowa, LLC, and the City of Waukee, Iowa, are hereby approved. BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to effectuate the closing on behalf of the City, and that the City Clerk shall cause the originals of the Agreement, Deeds and Permanent Easement(s) to be recorded upon the properties by submitting the original to the Dallas County Recorder with the appropriate recording fees. Passed by the City Council of the City of Waukee, Iowa, and approved this the 21st day of September, 2020. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 Prepared by: Steven P. Brick, Brick Gentry P.C., 6701 Westown Parkway, Ste 100, West Des Moines, IA 50266 (515) 274-1450 Return to: City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 (515) 987-4522 PROPERTY ACQUISITION AGREEMENT This PROPERTY AQUISITION AGREEMENT, entered into between the City of Waukee, an Iowa municipal corporation in the State of Iowa (hereinafter referred to as "City"); and Signature Development of Iowa, LLC, (hereinafter referred to as "Property Owner"); (The City, and Property Owner may also be collectively referred to as “Parties”). WHEREAS, the City is a municipal Corporation duly formed and existing pursuant to Iowa law; and Acres (Parcel 24); and WHEREAS, the Property Owner is the owner of land consisting of 21.68 acres and more particularly described as Parcel No. 12-28-480-003 by the Dallas County, Iowa Assessor’s Office (“Property”) situated such that it would benefit from the construction of NW 2nd Street and associated improvements including storm water and water main along the eastern boundary of the Property; (hereinafter referred to as “Project”); and WHEREAS, the City is willing to complete the Project within 24 months of this agreement provided the necessary Property interests for the Project are dedicated to the City; and WHEREAS, Property Owner seeks to avoid special assessments for the costs of the Project; and WHEREAS, Property Owner proposes to dedicate the Right of Way necessary for said Project as follows: a) Public Utility Easement interest as depicted on Exhibit 24-P consisting of 0.02 Acres (Parcel 24); and b) Temporary Construction Easement as depicted on Exhibit 24-T consisting of 0.03 WHEREAS, the Parties desire to enter into an agreement setting forth the respective obligations of the Parties. 2 In consideration of the mutual promises as more particularly set forth herein, sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Property Owner Conveyance of Property interests to City. Contemporaneously with the execution of this agreement, Property Owner agrees to convey to the City the following Property Interests free of any and all liens and encumbrances: a) Public Utility Easement interest as depicted on Exhibit 24-P consisting of 0.02 Acres (Parcel 24); and b) Temporary Construction Easement as depicted on Exhibit 24-T consisting of 0.03 Acres (Parcel 24); and 2. Special Assessments. The City agrees that in the event that Property Owner timely complies with Paragraph(s) 1 and its subparts, the Property shall not be specially assessed any of the project costs associated with the initial construction and completion the Project. This provision shall not apply to, mitigate or otherwise effect any connection fees for utilities established pursuant to Waukee Municipal Code and Iowa Law or other costs or expenses in any way related to other right of way improvements, utility improvements or any other public improvements the City may undertake now or in the future. This provision of the agreement shall expire and be of no further effect for a specific project identified herein, after completion of the Project 3. Binding Effect. This Agreement shall inure to the benefit of and be binding upon all Parties their successors and interests or assigns, if any. It is intended that this Agreement shall run with the land and that it shall, in any event and without regard to technical classifications or designations, legal or otherwise, and except only as otherwise specifically provided in this Agreement, be binding for the benefit and in favor of, and enforceable by the City against Property Owner, its successors and assigns, and every successor-in-interest to any of the Property or any part thereof, or any interest thereof, and any party in possession or occupancy of any of the Property or any part thereof. 4. Enforcement. Should it become necessary for either party to enforce this agreement, the defaulting party shall be responsible for any and all attorney’s fees and expenses incurred by the other party in pursuit of enforcement of this Agreement. 5. Jurisdiction. The Parties agree that this Agreement and amendments hereto, if any, shall be governed by the laws of the State of Iowa. The Parties consent and agree that the proper venue and jurisdiction relative to the enforcement of the terms, conditions and provisions of this Agreement and amendments hereto, if any, is the Iowa District Court in and for Dallas County, Iowa. (Signature Pages to Follow) 3 CITY OF WAUKEE, IOWA By___________________________________, Mayor By___________________________________, City Clerk Dated:___________________, 2020 (City Seal) STATE OF IOWA, DALLAS COUNTY, ss: On this _____ day of _________________, 2020, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by the City Council on the _____ day of ______________, 2020, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. ________________________________________ Notary Public in and for the State of Iowa 4 SIGNATURE DEVELOPMENT OF IOWA, LLC By: ___________________________________________ Print Name: ________________________________ Print Title: _________________________________ Dated:______________________, 2020 STATE OF IOWA ) ) ss. COUNTY OF DALLAS ) On this _______ day of _____________, 2020, before me, a Notary Public in and for said county, personally appeared _____________________, to me personally known, who being by me duly (sworn or affirmed) did say that he is the ________________ of said Signature Development of Iowa, LLC, that said instrument was signed on behalf of the said Signature Development of Iowa, LLC; and, that said ___________________, as such ________________, acknowledged the execution of said instrument to be the voluntary act and deed of said _________________________, by it and by him voluntarily executed. ____________________________________ Notary Public in and for the State of Iowa PROPERTY OWNER: (M) (R) MEASURED DIMENSION RECORDED DIMENSION SECTION LINE RIGHT-OF-WAY LINE PROPERTY LINE CONSTRUCTION IS COMPLETED SET WILL BE ESTABLISHED AFTER NOTE: MONUMENTS SHOWN TO BE FEET 0 100 PERMANENT EASEMENT DATE:6/10/2020 SURVEY FOR: FOTH PROJECT NO. Location: Requestor: Proprietor: Surveyor: Company: Surveyor Return To: Jody Budde Foth Infrastructure & Environment, LLC City of Waukee Index Legend Johnston, IA 50131 | (515) 254-1393 8191 Birchwood Court, Suite L Lot 1, The Commons at Greenway Park Plat 1 Signature Development of Iowa, LLC. CAP#14775 (UNLESS NOTED) FOUND 3/4" IRON PIPE W/YELLOW SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED) EXISTING LOT LINE I.R.IRON ROD I.P.IRON PIPE DRAFT Foth Infrastructure & Environment, LLC Phone: 515-254-1393 Johnston, IA 50131-2931 8191 Birchwood Court, Suite L 1 OF 1 SHEET PROPOSED PERMANENT PUBLIC UTILITY EASEMENT JODY A. BUDDE, P.L.S. 22847License Number: My license renewal date is Pages or sheets covered by this seal: DATE under the laws of the State of Iowa. supervision and that I am a duly licensed Professional Land Surveyor related survey work was performed by me or under my direct personal I hereby certify that this land surveying document was prepared and the DECEMBER 31, 2020. 19W020-01 TEL.: (515) 987-4363 WAUKEE, IA 50263 230 HIGHWAY 6 CITY OF WAUKEE EXHIBIT 24-P SIOUX FALLS, SD 57108 4800 EAST 57TH STREET, SUITE A SIGNATURE DEVELOPMENT OF IOWA, LLC. PARCEL 24 NW 2ND STREET, NW VENTURE DRIVE TO NW SUNRISE DRIVE PERMANENT PUBLIC UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE LOT "A" LEGEND FOUND SECTION CORNER MONUMENT FIELD SURVEY COMPLETED: NOVERMBER 2019 LEGEND FOUND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT LEGAL DESCRIPTION: NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO AND RESTRICTIONS OF RECORD. SAID TRACT CONTAINS 924 SQUARE FEET OR 0.02 ACRES MORE OR LESS, SUBJECT TO EASEMENTS WITH A CHORD THAT BEARS NORTH 68° 10' 47" WEST, 73.66 FEET TO THE POINT OF BEGINNING. CURVE CONCAVE SOUTHERLY WITH A CENTRAL ANGLE OF 10° 33' 56", ALONG A 400.00 FOOT RADIUS RIGHT-OF-WAY LINE NORTHWESTERLY A DISTANCE OF 73.76 FEET ALONG THE ARC OF A TANGENT NORTHERLY RIGHT-OF-WAY LINE OF NW 2ND STREET; THENCE CONTINUING ALONG SAID NORTHERLY FOOT RADIUS WITH A CHORD THAT BEARS NORTH 84° 17' 10" WEST, 25.53 FEET TO THE PROPOSED NON-TANGENT CURVE CONCAVE NORTHERLY WITH A CENTRAL ANGLE OF 42° 46' 41", ALONG A 35.00 NORTHERLY RIGHT-OF-WAY LINE NORTHWESTERLY A DISTANCE OF 26.13 FEET ALONG THE ARC OF A THE NORTHERLY RIGHT-OF-WAY LINE OF NW VENTURE DRIVE; THENCE CONTINUING ALONG SAID 36", ALONG A 410.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 66° 43' 12" EAST, 102.02 FEET TO THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF 14° 17' ALONG THE WEST LINE OF SAID LOT 1; THENCE SOUTHEASTERLY A DISTANCE OF 102.28 FEET ALONG BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE NORTH 00° 23' 18" EAST, 10.40 FEET PARTICULARLY DESCRIBED AS FOLLOWS: INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PLAT AS RECORDED IN BOOK ????, PAGE????? OF THE DALLAS COUNTY RECORDER'S OFFICE, NOW A PARCEL OF LAND LOCATED IN THE LOT 1 OF THE COMMONS AT GREENWAY PARK PLAT 1, AN OFFICIAL 100'LOT 1 OUTLOT "W" PARK PLAT 1 AT GREENW AY TH E COM M ONS PLAT 1 W AU KEE CROSSIN G PLAT 1 CROSSIN G W AU KEE OUTLOT 'Z' LOT 4 PROPOSED NW 2ND STREET NW VENTURE DRIVE 10'#18381 W/BLUE CAP FND 5/8" I.R. #18381 W/BLUE CAP FND 5/8" I.R. POB LOT 1 SW CORNER DELTA TAN 102.28'410.00'102.02'S66°43'12"E 14°17'36"51.41' 26.13'35.00'25.53'N84°17'10"W 42°46'41"13.71' C1 C2 CURVE TABLE RADIUSLENGTHCURVE CHD. LENGTH CHD BEARING 73.76'400.00'73.66'N68°10'47"W 10°33'56"36.99' 73.77'400.00'73.66'N68°10'46"W 10°33'59"---- C3(M) C3(R) L1 C2C1C3 #18381 W/BLUE CAP FND 5/8" I.R. L2LENGTH 10.40'N00°23'18"E 71.34'N00°23'18"E L1 L2(M) LINE BEARING LINE TABLE L2(R)71.34'N00°23'18"E LINE RIGHT-OF-WAY PROPOSED Foth Infrastructure & Environment, LLC Phone: 515-254-1393 Johnston, IA 50131-2931 8191 Birchwood Court, Suite L 1 OF 1 SHEET TEMPORARY CONSTRUCTION EASEMENT 19W020-01 TEL.: (515) 987-4363 WAUKEE, IA 50263 230 HIGHWAY 6 CITY OF WAUKEE EXHIBIT 24-T PARCEL 24 NW 2ND STREET, NW VENTURE DRIVE TO NW SUNRISE DRIVE TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393 PROPERTY LINE FOUND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT TEMPORARY EASEMENT DATE:6/10/2020 SURVEY FOR: FOTH PROJECT NO. CAP #18381 (UNLESS NOTED) FOUND 5/8" REROD W/BLUE SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED) MEASURED DIMENSION RECORDED DIMENSION FOUND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED) EXISTING LOT LINE I.R.IRON ROD I.P.IRON PIPE (M) (R) MEASURED DIMENSION RECORDED DIMENSION SECTION LINE RIGHT-OF-WAY LINE CONSTRUCTION IS COMPLETED SET WILL BE ESTABLISHED AFTER NOTE: MONUMENTS SHOWN TO BE PROPERTY OWNER: FEET 0 100 SIOUX FALLS, SD 57108 4800 EAST 57TH STREET, SUITE A SIGNATURE DEVELOPMENT OF IOWA, LLC. LOT "A" LEGEND FOUND SECTION CORNER MONUMENT LEGEND FOUND SECTION CORNER MONUMENT LEGAL DESCRIPTION: NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO AND RESTRICTIONS OF RECORD. SAID TRACT CONTAINS 1,087 SQUARE FEET OR 0.03 ACRES MORE OR LESS, SUBJECT TO EASEMENTS WITH A CHORD THAT BEARS NORTH 66° 43' 12" WEST, 102.02 FEET TO THE POINT OF BEGINNING. CURVE CONCAVE SOUTHERLY WITH A CENTRAL ANGLE OF 14° 17' 36", ALONG A 410.00 FOOT RADIUS FEET; THENCE NORTHWESTERLY A DISTANCE OF 102.28 FEET ALONG THE ARC OF A NON-TANGENT 19° 44' 37", ALONG A 35.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 64° 27' 11" WEST, 12.00 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHERLY WITH A CENTRAL ANGLE OF CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTHWESTERLY A DISTANCE OF 12.06 EAST, 113.96 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF NW VENTURE DRIVE; THENCE ANGLE OF 15° 35' 38", ALONG A 420.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 66° 27' 15" FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A CENTRAL SAID WEST LINE NORTH 00° 23' 18" EAST, 10.38 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 114.31 FEET ALONG THE WEST LINE OF SAID LOT 1 TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE NORTH 00° 23' 18" EAST, 10.40 PARTICULARLY DESCRIBED AS FOLLOWS: INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PLAT AS RECORDED IN BOOK ????, PAGE????? OF THE DALLAS COUNTY RECORDER'S OFFICE, NOW A PARCEL OF LAND LOCATED IN THE LOT 1 OF THE COMMONS AT GREENWAY PARK PLAT 1, AN OFFICIAL 100'LOT 1 OUTLOT "W" PARK PLAT 1 AT GREENW AY TH E COM M ONS PLAT 1 W AU KEE CROSSIN G PLAT 1 CROSSIN G W AU KEE OUTLOT 'Z' LOT 4 PROPOSED NW 2ND STREET NW VENTURE DRIVE 10'#18381 W/BLUE CAP FND 5/8" I.R. #18381 W/BLUE CAP FND 5/8" I.R. POC LOT 1 SW CORNER DELTA TAN 114.31'420.00'113.96'S66°27'15"E 15°35'38"57.51' 12.06'35.00'12.00'S64°27'11"W 19°44'37"6.09' C1 C2 CURVE TABLE RADIUSLENGTHCURVE CHD. LENGTH CHD BEARING 102.28'410.00'102.02'N66°43'12"W 14°17'36"51.41'C3 L1 C2C1 #18381 W/BLUE CAP FND 5/8" I.R. L3LENGTH 10.40'N00°23'18"E 71.34'N00°23'18"E L1 L3(M) LINE BEARING LINE TABLE L3(R)71.34'N00°23'18"E LINE RIGHT-OF-WAY PROPOSED L2 POB 10.38'N00°23'18"EL2C310'