HomeMy WebLinkAbout2023-08-14 D01B T Ave Corridor Improvements, W Hickman Rd to NW Douglas Pkwy_PA, Easements, Hughes Family Ltd PartnershipAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 14, 2023
AGENDA ITEM:Consideration of approval of a resolution approving Purchase Agreement and
Easements between Hughes Family Limited Partnership and the City of
Waukee [T Avenue Corridor Improvements, W. Hickman Road to NW
Douglas Parkway Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the Purchase Agreement and Easements is
necessary to complete the T Avenue Corridor Improvements, W. Hickman
Road to NW Douglas Parkway Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
Public Sanitary Sewer Easement $ 1.00
Temporary Construction Easement $ 1.00
Purchase Agreement $ 69,650.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Purchase Agreement and Easements
II. Resolution
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
D1B
THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING PURCHASE AGREEMENT AND EASEMENTS BETWEEN HUGHES
FAMILY LIMITED PARTNERSHIP AND THE CITY OF WAUKEE [T AVENUE
CORRIDOR IMPROVEMENTS, W. HICKMAN ROAD TO NW DOUGLAS PARKWAY
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 T Avenue Corridor Improvements, W.
Hickman Road to NW Douglas Parkway 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 Hughes Family Limited Partnership and City of Waukee [T
Avenue Corridor Improvements, W Hickman Road to NW Douglas Parkway 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
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 14th day of August,
2023.
____________________________
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. 37 CITY: Waukee
PROJECT NO. PROJECT NAME: T Avenue Corridor Improvements
SELLER: Hughes Family Limited Partnership a/k/a Hughes Family Farm Limited Partnership, an Iowa Limited
Partnership
THIS AGREEMENT entered into this day of , 2023, 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 Drawings. 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 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, and all advertising devices and the right to
erect such devices as are located thereon.
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) 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
$ 69,650.00 on possession and conveyance *Within 30 Days of BUYER Approval but no later
than September 1, 2023
$ 69,650.00 TOTAL LUMP SUM
BREAKDOWN: ac. = acres / sq.ft. = square feet
Land by Fee Title sq.ft.
Underlying Fee Title sq.ft.
Permanent Easement 79,239 sq.ft. $39,300.00
Temporary Easement 99,046 sq.ft. $19,600.00
Administrative Settlement $10,750.00
Total $69,650.00
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: Tim Broderick
5. Each page and each attachment is by this reference made part hereof and the entire agreement consists of 4 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 that amounts payable by SELLER for real estate taxes, special assessments, mortgage payoffs, liens,
or judgments shall be deducted at closing from the purchase price. 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
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 T Avenue Corridor Improvements project and appurtenant facilities thereto. The
Temporary Construction Easement shall terminate the earlier of: twenty four (24) months from initiation of
City, or upon acceptance of the project by the City of Waukee, Iowa.
15. Crop Loss is not anticipated during the construction of the project. However, if crop loss does occur, BUYER hereby
agrees to reimburse the owner of the crops for the damage.
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.
Hughes Family Limited Partnership a/k/a Hughes Family Farm Limited Partnership
X X
By: By:
Title: Title:
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
X PARTNER(s): X Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s) or TRUSTEE(s)
GUARDIAN(s) or CONSERVATOR(s)
OTHER:
SIGNER IS REPRESENTING:
List name(s) of person(s) or entity(ies)
Hughes Family Limited Partnership a/k/a
Hughes Family Farm Limited Partnership
RECOMMENDED BY
Michael Holsapple, 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 City of Waukee, Iowa and who did say that said instrument was signed on behalf of the City 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 and by it voluntarily executed.
__________________________________________________
Notary Public in and for the State of Iowa
PUBLIC SANITARY SEWER EASEMENT
Recorder’s Cover Sheet
Preparer Information: (name, address and phone number)
City of Waukee, Iowa
230 Highway 6
Waukee, Iowa 50263
Return Document To: (name and complete address)
City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 Highway 6
Waukee, Iowa 50263
Grantor: Hughes Family Limited Partnership a/k/a Hughes Family Farm Limited
Partnership, an Iowa Limited Partnership
Grantee: City of Waukee, Iowa
PUBLIC SANITARY SEWER EASEMENT
KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned, Hughes
Family Limited Partnership a/k/a Hughes Family Farm Limited Partnership, an Iowa Limited
Partnership, (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 “Easement”) and right-of-way upon, over, under, through
and across the real property legally described as:
SEE EXHIBIT 37-P ATTACHED HERETO
(hereinafter referred to as the “Easement Area”) for the purpose of locating and maintaining a
sanitary sewer (hereinafter referred to as “Mains”) and to permit and allow the City to enter at
any time upon, over, under, through, and across into the Easement Area 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 Mains therein) and to
forever maintain the Easement whenever necessary within the Easement Area.
This Easement shall be subject to the following terms and conditions:
1. Erection of Structures Prohibited. Grantor and its successors and assigns shall not erect
any structure, building, or fence over or within the Easement Area without obtaining prior
written consent of the City.
2. Maintenance. After the initial construction of the Mains, and acceptance by the City, the
City agrees, as part of the reconstruction, maintenance and patrolling of the Mains, to restore and
replace the Easement Area to substantially the same condition as prior to the time of entry or as
agreed upon by the City and the Grantor, and shall pay reparations for any crop damage as a
result of such maintenance activities, except the City shall not be required to replace landscaping,
trees, shrubs, bushes, landscape elements, structures nor shall the City be required to restore the
Easement Area by reason of settlement, depression, or any unknown conditions which arise
subsequent to the restoration and/or replacing of the Easement Area. Any subsequent restoration
by reason of settlement, depression or any unknown conditions shall be the sole responsibility of
the Grantor at the Grantor’s sole expense.
3. Change in Grade Prohibited. Grantor and its successors and assigns shall not change the
grade elevation or contour of any part of the Easement Area without obtaining the prior written
consent of the City.
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
- 2 -
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. Easement Runs With Land. This Easement shall be deemed to run with the land and
shall be binding on Grantor and on Grantor’s heirs, successors and assigns.
6. Jurisdiction and Venue. The City and the Grantor agree the District Court in and for 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.
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.
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.
- 3 -
Signed this ___ day of ______________, 20__.
Grantor: Hughes Family Limited Partnership a/k/a Hughes Family Farm Limited Partnership
By: By:
Title: Title:
STATE OF )
) SS
COUNTY OF )
On this _____ day of __________________, 20____, before me, the undersigned, a
Notary Public in and for said County and the State of Iowa, personally appeared
, to me personally known, who being by me duly
sworn, did say that that person is
of , the partnership executing the
foregoing instrument; that ___________________ acknowledged the execution of the
instrument to be the voluntary act and deed of the partnership, by it and by him voluntarily
executed.
By:______________________________
Printed Name:_____________________
Notary Public in and for the State of Iowa
- 4 -
CITY OF WAUKEE, IOWA
By:______________________________
Courtney Clarke, Mayor
By:______________________________
Rebecca D. Schuett, City Clerk
STATE OF )
) SS
COUNTY OF )
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
LC
8013
1036.64
LC
1/2"PIPE
GW
MB
UV
75'
60'
40'
ROW LEGEND
SECTION LINE
TEMPORARY EASEMENT LINES
PERMANENT SEWER EASEMENT
SANITARY SEWER EASEMENT LINES
TEMPORARY EASEMENT
EXISTING ROW LINES
Hughes Family Limited Partnership
37
T AVENUE CORRIDOR IMPROVEMENTS
PROPOSED SANITARY SEWER
79,239 sfPermanent Sewer Easement = 99,046 sfTemporary Easement =
F E E T
0 1 0 0
T AVENUE
20 ft
future ROW line
20-ft East of
Existing ROW line
30 ft
future building
setback line
30-ft East of
future ROW line
2.274 acres
1.819 acres
TEMPORARY CONSTRUCTION EASEMENT
Recorder’s Cover Sheet
Preparer Information: (name, address and phone number)
City of Waukee, Iowa
805 University Avenue
Waukee, Iowa 50263
515-978-7920
Return Document To: (name and complete address)
City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Grantor: Hughes Family Limited Partnership a/k/a Hughes Family Farm Limited
Partnership, an Iowa Limited Partnership
Grantee: City of Waukee, Iowa
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, Hughes Family Limited Partnership a/k/a Hughes Family Farm
Limited Partnership, an Iowa Limited Partnership (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:
T Avenue Corridor Improvement Project
This temporary construction easement shall terminate and be of no force and
effect twenty-four (24) months after the date Grantor executes this agreement.
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 afores aid, 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 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
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.
- 3 -
Signed this ___ day of ______________, 20__.
GRANTOR: Hughes Family Limited Partnership a/k/a Hughes Family Farm
Limited Partnership
By: By:
Title: Title:
STATE OF )
) SS
COUNTY OF )
On this _____ day of __________________, 20____, before me, the undersigned,
a Notary Public in and for said County and the State of Iowa, personally appeared
, to me personally known, who being by me
duly sworn, did say that that person is
of the partnership executing the foregoing instrument; that
acknowledged the execution of the instrument to be the voluntary
act and deed of the partnership, by it and by him voluntarily executed.
Notary Public in and for the State of Iowa
- 4 -
CITY OF WAUKEE
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk
STATE OF )
) SS
COUNTY OF )
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