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HomeMy WebLinkAbout2022-04-18 I01E_01 Little Walnut Creek Sewer Extension Phase 5_Purchase Agr, Easements_Shoeman Family TrustAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 18, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Purchase Agreement and Easements between John Charles & Barbara Jean Shoeman, Trustees of Shoeman Family Trust U/A Dated 11-12-2003, and the City of Waukee [Little Walnut Creek Sewer Extension Phase 5 Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Approval of these items are necessary to complete the Little Walnut Creek Sewer Extension Phase 5 Project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Purchase Agreement $ 30,720.00 Sanitary Sewer Easement $ 1.00 Temporary Construction Easement $ 1.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Purchase Agreement II. Public Sanitary Sewer Easement III. Temporary Construction Easement PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1E1 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING PURCHASE AGREEMENT AND EASEMENTS BETWEEN JOHN CHARLES & BARBARA JEAN SHOEMAN, TRUSTEE OF SHOEMAN FAMILY TRUST U/A DATED 11-12-2003, AND THE CITY OF WAUKEE [LITTLE WALNUT CREEK TRUNK SEWER EXTENSION PHASE 5 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 discussions with specific property owners regarding the conveyance of certain property interests necessary for construction of the Little Walnut Creek Trunk Sewer Extension Phase 5 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; AND NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the Purchase Agreement and Easements between John Charles & Barbara Jean Shoeman, Trustee of Shoeman Family Trust U/A Dated 11-12-2003, and City of Waukee [Little Walnut Creek Trunk Sewer Extension Phase 5 Project] 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 Purchase Agreement and Easements 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 18th day of April, 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair Prepared by/Return to: City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 515-987-4522 SPACE ABOVE THIS LINE FOR RECORDER PURCHASE AGREEMENT Page 1 PARCEL NO. 02 COUNTY: Dallas PROJECT NO. 275347 PROJECT NAME: LWC Trunk Sewer Ext. Phase 5 SELLER: John Charles Shoeman and Barbara Jean Shoeman, Trustee of the Shoeman Family Trust U/A dated November 12, 2003 THIS AGREEMENT entered into this day of , 2022, by and between SELLER and the City of Waukee, Iowa, a municipal corporation organized under the laws of the State of Iowa (hereinafter referred to as "CITY" or "BUYER") acting by and through the undersigned, its authorized Agent, hereby offers to buy permanent easement rights to the real estate situated in Dallas County, Iowa, and legally described on the attached Easement Drawing. If accepted by SELLER, as evidenced by SELLER'S signature below, the parties agree as follows: 1. SELLER AGREES to sell and furnish to BUYER a conveyance document, on form(s) furnished by Buyer, and attached hereto, and Buyer agrees to buy permanent easement rights to the following real estate, hereinafter referred to as the premises as described on page four and which include the following buildings, improvements and other property: land only. The premises also includes all estates, rights, title and interests, including all easements. SELLER CONSENTS to any reasonable and customary change of grade related to the project and accepts payment under this agreement for any and all damages arising therefrom. SELLER ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of this agreement and discharges Buyer from liability because of this agreement and the construction of this public improvement project. 2. Possession of the premises is the essence of this agreement and Buyer may enter and assume full use and enjoyment of the premises per the terms of this agreement. SELLER grants Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. SELLER may surrender possession of the premises or building or improvement or any part thereof prior to the time at which SELLER has hereinafter agreed to do so, and agrees to give Buyer ten (10) days’ notice of SELLER'S intention to do so in writing. 3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and to surrender physical possession of the premises as shown on or before the dates listed below. PAYMENT AMOUNT AGREED PERFORMANCE DATE $ on right of possession $ on conveyance of title $ on surrender of possession $ 30,720.00 on possession and conveyance Within 30 Days of BUYER Approval $ 30,270.00 TOTAL LUMP SUM BREAKDOWN: ac. = acres / sq.ft. = square feet Land by Fee Title sq.ft. Underlying Fee Title sq.ft. Permanent Easement 42,350 sq.ft. $25,835.00 Temporary Easement 48,808 sq.ft. $4,885.00 Landscaping/Other Total $30,720.00 Additional Damages DISTRIBUTION: ONE COPY RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER Page 2 4. SELLER WARRANTS that there are no tenants on the premises holding under lease except: None 5. Each page and each attachment is by this reference made part hereof and the entire agreement consists of 13 pages. 6. This agreement shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession as required by the Code of Iowa, Section 427.2, and agrees to warrant good and sufficient title. Names and addresses of lienholders are: None 7. SELLER AGREES to obtain court approval of this contract, if requested by Buyer, if title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court approval costs and all other costs necessary to transfer the premises to Buyer, but not attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed bills. 8. BUYER agrees that any drain tile and/or underground irrigation systems which are located within the premises and are damaged by construction shall be repaired at no expense to SELLER. BUYER shall have the right of entry upon SELLER'S remaining property along the right of way line, if necessary, for the purpose of connecting said drain tile and/or underground irrigation systems. 9. If SELLER holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this agreement, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of SELLER. 10. These premises are being acquired for public purposes and this transfer is exempt from the requirements for the filing of a Declaration of Value by the Code of Iowa, Section 428A.1. 11. BUYER hereby gives notice of SELLER's five-year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this agreement as required by the Code of Iowa, Section 6B.52. 12. This written agreement constitutes the entire agreement between BUYER and SELLER and there is no agreement to do or not to do any act or deed except as specifically provided for herein. 13. SELLER states and warrants that there is no well, solid waste disposal site, hazardous substances, nor underground storage tanks on the premises described and sought herein, except: 14. BUYER is also granted a Temporary Easement, described on the “Easement Drawing” marked TE-2, on SELLER’S property for the purpose of allowing the CITY, its agents, contractors and employees a right of entry in, upon and onto the above-described property for but not limited to surveying, grading, storing materials and equipment and providing access during the construction of the Little Walnut Creek Trunk Sewer Extension, Phase 5 Project and appurtenant facilities thereto. The Temporary Construction Easement shall terminate the earlier of: twelve (12) months from initiation of construction on Seller’s property by the CITY, or upon acceptance of the project by the City of Waukee, Iowa. Page 3 SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the total lump sum payment shown herein is just and unpaid. SHOEMAN FAMILY TRUST X X John Charles Shoeman, Trustee Barbara Jean Shoeman, Trustee ALL PURPOSE ACKNOWLEDGMENT STATE OF } COUNTY OF } ss: On this day of , A.D. 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared , to me personally known or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (NOTARY SEAL) (Sign in Ink) (Print/Type Name) Notary Public in and for the State of CAPACITY CLAIMED BY SIGNER: INDIVIDUAL CORPORATE Title(s) of Corporate Officer(s): Corporate Seal is affixed No Corporate Seal procured PARTNER(s): Limited Partnership General Partnership ATTORNEY-IN-FACT X EXECUTOR(s) or TRUSTEE(s) GUARDIAN(s) or CONSERVATOR(s) OTHER: SIGNER IS REPRESENTING: List name(s) of person(s) or entity(ies) SHOEMAN FAMILY TRUST RECOMMENDED BY Tyler Buckingham, Project Manager (Date) BUYER'S APPROVAL Signed by: (Date) Signed by: (Date) BUYER'S ACKNOWLEDGMENT STATE OF } COUNTY OF } ss: On this day of , 20 , before me, the undersigned, personally appeared , known to me to be an agent of the City of Waukee, Iowa and who did say that said instrument was signed on behalf of the City of Waukee, Iowa by its authority duly recorded in its minutes, and said agent acknowledged the execution of said instrument, which signature appears hereon, to be the voluntary act and deed of the City of Waukee, Iowa and by it voluntarily executed. __________________________________________________ Notary Public in and for the State of Iowa PUBLIC SANITARY SEWER EASEMENT Recorder’s Cover Sheet Preparer Information: Veenstra & Kimm, Inc. 3000 Westown Pkwy West Des Moines, Iowa 50266 Return Document To: City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: John Charles Shoeman and Barbara Jean Shoeman As Trustee of the Shoeman Family Trust U/A dated November 12, 2003 Grantee: City of Waukee, Iowa - 2 - SANITARY SEWER EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, John Charles Shoeman and Barbara Jean Shoeman, Trustee of the Shoeman Family Trust U/A dated November 12, 2003, (hereinafter referred to as the “Grantor”), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the City”), a permanent and perpetual easement (hereinafter referred to as “Sanitary Sewer Easement” or “Easement(s)”) and right-of-way upon, over, under, through and across the real property legally described as: SEE EXHIBIT “A” ATTACHED HERETO (hereinafter referred to as the “Easement Area”) 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating sanitary sewer(s) (hereinafter referred to as “Sewer(s)”) and to permit and allow the City to enter at any time upon, over, under, through, and across into said Easement(s) herein described to use as much of the surface and sub-surface thereof to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair (including the right to place and build additional Sewer(s) therein or to connect and/or join Sewer(s) and appurtenances thereto) and to forever maintain Sewer(s) whenever necessary within the Easement(s) granted herein. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3. Maintenance. After the initial construction of the Sewer(s), and acceptance by the City, the City agrees, as part of the reconstruction, maintenance and patrolling of the Sewer(s), to restore and replace the Easement area(s) to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor, except the City shall not be required to replace landscaping, trees, shrubs, bushes, landscape elements, structures, or underground water systems. The City agrees to repair any compaction or settlement issues as well as any drain tiles and/or irrigation systems related to the construction project. - 3 - 4. Right of Access. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5. Hold Harmless. The Grantor agrees to indemnify and hold harmless the City, its elected officials, employees, officers, agents, representatives, contractors, and attorneys from and against any and all claims or demands for liability, loss, damage, costs, expenses, or attorney’s fees of any kind for actions or omissions of the Grantor arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. The City agrees to indemnify and hold the Sellers harmless for their acts and omissions under the Agreement 6. Running of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Grantor including, but not limited to, future owners, developers, lessees or occupants. All provisions of this instrument including benefits and burdens, run with the land are binding upon and inure to the heirs assigns, successors, tenants and personal representatives of the parties hereto. 7. Jurisdiction and Venue. The City and the Grantor agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County, Iowa. 8. Words and Phrases. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. 9. Parties. The term “City” as used herein shall refer to the City of Waukee, Iowa, its elected officials, agents, employees, officers, and contractors. The term “Grantor” shall refer to Shoeman Family Trust U/A Dated November 12, 2003, their heirs, assigns, successors-in- interest, or lessees, if any. - 4 - 10. Attorney’s Fees. The City may enforce this instrument by appropriate action, and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney’s fees incurred in such litigation. Conversely, Grantor may enforce this instrument by appropriate action, and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney’s fees incurred in such litigation 11. Integration. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12. Paragraph Headings. The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with, the interpretation of this Agreement. Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real estate described in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful authority to convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. - 5 - Signed this ___ day of ______________, 20__. SHOEMAN FAMILY TRUST U/A DATED NOVEMBER 12, 2003 ______________________________ ____________________________ John Charles Shoeman, Trustee Barbara Jean Shoeman, Trustee STATE OF IOWA ) ) SS COUNTY OF ) On the day of , 20 , before me a Notary Public in and for County, personally appeared, John Charles Shoeman and Barbara Jean Shoeman as Trustees of The Shoeman Family Trust U/A dated November 12 th, 2003, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he, as such fiduciary, executed the same as the voluntary act and deed of himself and of such fiduciary. __________________________________ Notary Public in and for the State of Iowa - 6 - CITY OF WAUKEE Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _____ day of _________________, 20___, 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 ______________, 20____, 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 - 7 - EXHIBIT A LEGAL DESCRIPTION Perpetual Easement (See Exhibit PE-2) A perpetual sanitary sewer easement located in the North 1/2 of the Southeast 1/4 of Section 20, Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa more particularly described as follows: Commencing at the Southeast corner of the Northeast 1/4 of said Southeast 1/4 of Section 20; thence North 89°40’37” West along the South line of said Northeast 1/4 of the Southeast 1/4 of Section 20, 55.00 feet to the West right-of-way line of County Highway R-22, said point being the point of beginning; thence continuing North 89°40’37” West along said South line, 958.29 feet; thence North 64°59’28” West, 360.28 feet; thence North 25°00’32” East, 30.00 feet; thence South 64°59’28” East, 353.77 feet; thence South 89°40’37” East, 911.66 feet; thence North 00°16’59” East, 100.00 feet; thence South 89°40’37” East, 30.00 feet; thence South 00°16’59” West, 100.00 feet; thence South 89°40’37” East, 10.00 feet to said West right-of-way line; thence South 00°16’59” West along said West right-of-way line, 30.00 feet to the point of beginning. Containing 42,350 square feet or 0.97 acres, more or less. TEMPORARY CONSTRUCTION EASEMENT Recorder’s Cover Sheet Preparer Information: Veenstra & Kimm, Inc. 3000 Westown Pkwy West Des Moines, Iowa 50266 Return Document To: City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: John Charles Shoeman and Barbara Jean Shoeman As Trustees of the Shoeman Family Trust U/A Dated November 12, 2003 Grantee: City of Waukee, Iowa - 2 - TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, TRUSTEES OF THE SHOEMAN FAMILY TRUST U/A DATED NOVEMBER 12, 2003, (hereinafter referred to as the “Grantor”), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the Grantee”), a temporary construction easement under, through and across the following described real estate: SEE EXHIBIT “A” ATTACHED HERETO (hereinafter referred to as the “Easement Area”) That the above-described easement is granted unto the City of Waukee, Iowa, for the purpose of construction and installation of the following public improvements: Sanitary Sewer This temporary construction easement shall terminate and be of no force and effect one (1) year after the date of final completion and acceptance of said completed improvements by the City. The Grantee agrees to restore the Easement Area to a condition after construction substantially the same as prior to entry by the Grantee, except for any grading and above ground improvements which shall remain in place as part of the improvement. The surface of the Easement Area will be seeded or sodded and/or left in its natural state as shown on the proposed plans for the project. The Grantor agrees that the improvements proposed herein, and the reasonable restoration of their property, as set forth in this easement aforesaid, shall be full and complete satisfaction and consideration of and for this easement, and Grantor expresses agreement that no other liability shall attach or be charged or claimed against the Grantee as a result of or because of the construction of the improvement intended, or the use of the easement herein granted. The Grantee will indemnify and hold harmless Grantor from any and all damages, injuries, or losses arising out of Grantee’s use of the easement or the work done in connection therewith. The Grantor does HEREBY COVENANT with the said Grantee, and successor- in-interest, that said Grantor holds said real estate described in this Easement Area by - 3 - title in fee simple; that Grantor has good and lawful authority to sell and convey the same; and that said Grantor covenants to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever, except as may be herein stated. Signed this ___ day of ______________, 20__. SHOEMAN FAMILY TRUST CITY OF WAUKEE U/A DATED NOVEMBER 12, 2003 ______________________________ ____________________________ John Charles Shoeman, Trustee Courtney Clarke, Mayor Attest: ______________________________ ____________________________ Barbara Jean Shoeman, Trustee Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF ) On the day of , 20 , before me a Notary Public in and for County, personally appeared, John Charles Shoeman and Barbara Jean Shoeman as Trustees of The Shoeman Family Trust U/A Dated November 12th, 2003, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he, as such fiduciary, executed the same as the voluntary act and deed of himself and of such fiduciary. ______________________________ Notary Public in and for the State of Iowa - 4 - STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _____ day of _________________, 20___, 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 ______________, 20____, 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 - 5 - EXHIBIT A LEGAL DESCRIPTION Temporary Easement (See Exhibit TE-2) A temporary construction easement located in the North 1/2 of the Southeast 1/4 of Section 20, Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa more particularly described as follows: Commencing at the Southeast corner of the Northeast 1/4 of said Southeast 1/4 of Section 20; thence North 89°40’37” West along the South line of said Northeast 1/4 of the Southeast 1/4 of Section 20, 55.00 feet to the West right-of-way line of County Highway R-22, said point being the point of beginning; thence continuing North 89°40’37” West along said South line, 1265.33 feet to the Southwest corner of said Northeast 1/4 of the Southeast 1/4 of Section 20; thence North 00°10’23” East along the West line of said Northeast 1/4 of the Southeast 1/4 of Section 20, 86.23 feet; thence North 64°59’28” West, 95.08 feet; thence North 25°00’32” East, 90.00 feet; thence South 64°59’28” East, 401.58 feet; thence South 89°40’37” East, 879.47 feet; thence North 00°16’59” East, 110.00 feet; thence South 89°40’37” East, 50.00 feet; thence North 00°16’59” East, 160.00 feet; thence South 89°40’37” East, 20.00 feet to said West right-of-way line; thence South 00°16’59” West along said West right-of-way line, 310.00 feet to the point of beginning, EXCEPTING THEREFROM a perpetual sanitary sewer easement shown on Exhibit PE-2. Containing 48,808 square feet or 1.12 acres, more or less.