HomeMy WebLinkAbout2025-08-11 D02 Purchase Agreement and Easements_555 Interstate Partners LLC AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 11, 2025
AGENDA ITEM: Consideration of approval of a resolution approving Right-of-Way and/or
Easements Purchase Agreement [555 Interstate Partners, LLC]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The property is located south of Interstate 80 and
west of R-22/Ute Avenue and is adjacent to I-80 West Industrial Park. In
the time since I-80 West Industrial Park Plat 1 was platted in 2017, the
need for additional right-of-way adjacent to the plat has increased
beyond what was dedicated to the City in 2017.
It is anticipated at some point in the future that R-22/Ute Avenue will
need to be widened as traffic increases in the area.
Staff is recommending approval of the purchase of the property because
the right-of-way is necessary for future widening of R-22/Ute Avenue.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $25,627
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Staff would recommend approval of the proposed resolution.
ATTACHMENTS: I. Proposed Resolution
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
D2
THE CITY OF WAUKEE, IOWA
RESOLUTION 2025-
RESOLUTION APPROVING RIGHT-OF-WAY AND/OR EASEMENTS PURCHASE
AGREEMENT FOR CERTAIN PROPERTY LOCATED IN THE CITY OF WAUKEE
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 desires to enter into a Right-of-Way and/or Easements Purchase
Agreement (hereinafter referred to as the “Agreement”) and said Agreement has been accepted
by the Sellers, 555 Interstate Partners, LLC, for certain property known as Lot A of Interstate
Crossing; AND
WHEREAS, the City Council of the City of Waukee deems it to be in the best interest of the
City to purchase the property; AND
WHEREAS, the proposed Agreement between 555 Interstate Partners, LLC, and the City of
Waukee is attached as Exhibit “A.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waukee that the
Right-of-Way and/or Easements Purchase Agreement attached hereto as Exhibit A is approved.
BE IT FURTHER RESOLVED that City Staff is directed to proceed in accordance with the
Agreement. Upon the determination of the City Attorney that the conditions of the offer have
been satisfied and title delivered staff is authorized and directed to proceed with closing.
Passed by the City Council of the City of Waukee, Iowa, and approved the 11th day of August,
2025.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg
Chris Crone
Rob Grove
Anna Bergman Pierce
Ben Sinclair
CITY OF WAUKEE, IOWA
OFFER TO PURCHASE RIGHT-OF-WAY AND/OR EASEMENTS
To Seller: 555 INTERSTATE PARTNERS, LLC
2540 73rd Street, Urbandale, IA 50322
1. Property Description. The City of Waukee, Iowa, intends to acquire the right-of-way
owned by you situated in Waukee, Iowa, and legally described as Lot A of Interstate
Crossing, an Official Plat, now included in and forming a part of the City of Waukee,
Dallas County, Iowa, as shown on the attached Exhibit, and is, by this reference, made a
part hereof.
2. Price. The City of Waukee agrees to pay, in cash, calculated as follows, and other good
and valuable consideration:
For a total sum of $25,627.00
3. Purpose of the Acquisition. Right-of-way is being acquired for the purpose of roadway
grading and street right-of-way.
4. Real Estate Taxes. The acquisition of right-of-way shall not affect the liability of the
Sellers for payment of real estate taxes against the right-of-way, when due.
5. Special Assessments. This acquisition shall not relieve the Seller of Seller’s liability for
payment of any special assessments against the property, which are a lien on the real
estate as of the date of acceptance of this offer.
6. Possession. Possession shall be upon receipt of funds.
7. Release of Mortgages. If requested to do so, Sellers shall obtain a release of all mortgages
and liens against the described real estate on or before the closing date of this transaction.
Sellers shall convey good and merchantable title to the City of Waukee.
8. Conveyance. Upon payment of the purchase price, Sellers shall convey the right-of-way
to the City of Waukee, Iowa, in accordance with the form(s) provided by the city.
9. Time is of the Essence. Time is of the essence in this contract.
10. Approval of Court. If the sale of this real estate is subject to Court approval, the fiduciary
shall promptly submit this contract for such approval. If this contract is not so approved,
it shall be void.
11. Contract Binding on Successors-in-Interest. This contract shall apply to and bind the
successors-in-interest of the Sellers, and Sellers agree to warrant good and sufficient title.
Names and addresses of lienholders are:
________________________________________________________________________
________________________________________________________________________
12. Construction. Words and phrases shall be construed as in the singular or plural number,
and as masculine, feminine, or neuter gender, according to the context.
13. Execution of Offer. This Offer is executed on behalf of the City of Waukee, Iowa, and is
subject to ratification and approval by the City Council upon its acceptance by Sellers.
Dated at Waukee, Iowa, this ______ day of ____________________, 2025.
FOR THE CITY OF WAUKEE, IOWA
By: ______________________________
Brad Deets, City Administrator
Subject to City Council Approval
THIS OFFER IS ACCEPTED on this __________ day of ______________ , 2025.
555 INTERSTATE PARTNERS, LLC
By: _________________________
_________________________
By: _________________________
_________________________
Approved by the City Council of the City of Waukee on the ____ day of
___________________ , 2025, by Resolution No. 25-________ .
By: _________________________
Courtney Clarke, Mayor
Attest:_________________________
Rebecca D. Schuett, City Clerk
SE-LY COR LOT 6
I-80 INDUSTRIAL
PARK PLAT 1
FND. 1/2" REBAR
WYC #15980
S-LY COR LOT 6
I-80 INDUSTRIAL
PARK PLAT 1
FND. 1/2" REBAR
WYC #15980
EXISTING
ROADWAY
EASEMENT
BK 456 PG 93
LOT 1
INTERS
T
A
T
E
P
K
W
Y
R2
2
/
U
T
E
A
V
E
30' SE
T
B
A
C
K
L
I
N
E
30'
S
E
T
B
A
C
K
L
I
N
E
30' SET
B
A
C
K
L
I
N
E
30
'
S
E
T
B
A
C
K
L
I
N
E
C6
N1
°
4
3
'
2
0
"
E
1
0
8
.
8
1
'
(
M
)
N79° 59' 38"
E
40.8 0' (M)
N1
°
4
1
'
0
4
"
E
7
3
.
3
5
'
(
M
)
NW COR LOT 6
I-80 INDUSTRIAL PARK PLAT 1
FND. 1/2" REBAR W/RIBBON
0.94' ± SOUTH OF CORNER
(NEW CORNER NOT SET)
FND. 1/2" REBAR
W/RIBBON
& BROKEN CAP
FND. 3/4" BENT
IRON PIPE
FND. 1/2" REBAR
WYC #15980
0.1' ± NORTH
OF PROPERTY LINE
NE COR LOT 6
I-80 INDUSTRAL
PARK PLAT 1
FND. 1/2" REBAR
WYC #15980
SW COR LOT 6
I-80 INDUSTRIAL PARK PLAT 1
FND. 1/2" REBAR WITH RIBBON &
SMASHED CAP 0.37' ± SW OF CORNER
(NEW CORNER NOT SET)
N
2
°
2
0
'
2
1
"
W
1
5
7
.
2
9
'
(
M
)
(70' RO
W
)
EXISTIN
G
1
0
'
P
U
E
BK 2017
P
G
2
3
1
9
3
EXISTIN
G
1
0
'
P
U
E
BK 2017
P
G
2
3
1
9
3
N1
°
3
7
'
1
1
"
E
1
4
1
.
1
7
'
(
M
)
NE-LY COR LOT 1
I-80 INDUSTRIAL
PARK PLAT 1
FND. 1/2" REBAR
EXISTING
10' WATERMAIN EASEMENT
BK 2017 PG 23193
EXISTING
20' STORM SEWER &
OVERLAND FLOWAGE
EASEMENT
BK 2017 PG 23193
1.80 AC ±
PART OF LOT 2 OF THE REPLAT OF LOT 5
OF AUDITOR'S PLAT OF PART OF THE NW 1/4 NW 1/4
SECTION 17 TOWNSHIP 78 NORTH, RANGE 26 WEST
STREET LOT A
0.15 AC ±
LOT 6 I-80 INDUSTRIAL PARK PLAT 1
PARCE
L
2
0
-
7
9
B
K
2
0
2
0
P
G
3
5
9
9
3
S79° 55' 49
"
W
3
6
8
.
5
9
'
(
M
)
C5
6,726 SQ.FT. ±
78,294 SQ.FT. ±
INTERSTATE CROSSING
8'EXISTING 15' SSE
BK 2017 PG 23193
EXISTING 10' WATERMAIN
EASEMENT BK 2017 PG 23193
555 INTERSTATE PARKWAY
60' HALF ROW
NORTH LIN
E
L
O
T
6
C4
S1
°
2
0
'
5
1
"
W
1
3
5
.
7
4
'
(
M
)
C1
C2
C3
S35
°
5
0
'
1
3
"
W
1
6
3
.
6
4
'
(
M
)
S2° 20' 18"E 30.49' (M)
359.78'
(
M
)
S74° 24'
2
5
"
W
4
2
2
.
0
8
'
(
M
)
62.30' (M
)
10
'
P
U
E
10'
N74° 04
'
2
0
"
E
4
2
2
.
0
6
'
(
R
)
S1
°
1
9
'
5
5
"
W
7
3
.
3
4
'
(
R
)
S35
°
2
8
'
4
7
"
W
1
6
3
.
6
4
'
(
P
)
N2° 42' 49"W 30.64' (R)
S1
°
1
9
'
5
5
"
W
1
0
8
.
7
4
'
(
P
)
S79° 42' 36
"
W
37.62' (R )
N79° 42' 36
"
E
3
6
8
.
4
5
'
(
P
)
S
2
°
4
2
'
4
9
"
E
1
5
7
.
1
0
'
(
R
)
LOT 5 I-80 WEST INDUSTRIAL PARK
Curve Table (M)
Curve #
C1
C2
C3
C4
C5
C6
Arc Length
12.49'
167.17'
278.19'
67.29'
69.35'
38.44'
Radius
35.00'
368.00'
265.00'
18639.55'
18659.55'
35.00'
Delta
20°26'37"
26°01'41"
60°08'53"
0°12'25"
0°12'47"
62°55'51"
Chord Direction
N75° 00' 52"E
S72° 15' 24"W
N89° 19' 03"E
N2° 06' 59"E
N2° 06' 00"E
N33° 19' 38"E
Chord Length
12.42'
165.74'
265.59'
67.29'
69.35'
36.54'
Tangent
6.31'
85.05'
153.45'
33.64'
34.68'
21.42'
10' P
U
E
10'
BENCHMARK:
FILE PATH:
REVISIONS:
DRAWING NO:
FINAL PLAT
5.30.2025
SCALE:LATEST REVISION:COPYRIGHT DATE:DRAWN BY:
A.BRADFIELD
J:\2025 Projects\25-010 I80 WIP Plat 1 Lot 6\Engineering\Sheet Set
WAUKEE, IOWA
INTERSTATE CROSSING FINAL PLAT
555 INTERSTATE PARKWAY
TITLE:
----25-0101"=20'
FINAL
LEGEND:
MORE OR LESS+/-
SET 1/2" IRON ROD WYC #18842
(M)/(P)/(R)MEASURED/PLATTED/RECORDED
FINAL PLAT
INTERSTATE CROSSING
DALLAS COUNTY, IOWA
SEC17-T78N-R26W
LEGAL DESCRIPTION:
DATE OF SURVEY:
02/03/2025
RECORD INDEX:
LOCATION:
SEC 17-T78N-R26W
REQUESTOR:
PARAMOUNT LAND COMPANY
REQUESTOR ADDRESS:
2540 73RD STREET
URBANDALE, IA 50322
PROPRIETOR:
ROBIN SOBATKA
PROPRIETOR ADDRESS:
36406 SHAGBARK CIRCLE
VAN METER, IA 50261
PROPRIETOR CONTACT INFORMATION:
PHONE: (515)-250-3145
EMAIL: ROBIN5SOBOT@GMAIL.COM
SURVEYOR:
VOLDEMARS PELDS
COMPANY:
PELDS DESIGN SERVICES
RETURN TO:
2323 DIXON STREET
DES MOINES, IA 50316
PROJECT AREA:
TOTAL AREA 1.95 ACRES
LOT 1: 1.80 ACRES
STREET LOT A: 0.15 ACRES
ZONING:
EXISTING:
M-1: LIGHT INDUSTRIAL DISTRICT
PROPOSED:
N/A
SETBACKS:
FRONT: 30' SIDE: 30' REAR: 30'
NOTE:
THE ERROR OF CLOSURE IS WITHIN THE
CITY REQUIREMENTS
FOUND IRON ROD OR PIPE
WITH YELLOW CAPWYC
50263
PeldsDesign Services
Architecture | Engineering | Surveying
2323 Dixon Street, Des Moines, Iowa 50316 | PO Box 4626, Des Moines, Iowa 50305 | Ph: 515 265 8196
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
PREPARED AND THE RELATED WORK WAS PERFORMED BY ME OR
UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A
DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE
LAWS OF THE STATE OF IOWA.
___________________________________________
VOLDEMARS LEO PELDS, P.L.S. IA. LIC. NO.18842 DATE
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2025
ADDITIONAL PAGES OR SHEETS COVERED BY THIS SEAL (NONE
UNLESS INDICATED HERE):_______________________________
VOLDEMARS L.
18842
PELDS
IOWA
L
I
C
E
N
S
ED
PROFE S S I O N A L
SURVEYOR
ENGINEER
&
D
N
A
L
PARCEL 20-79 AS SHOWN IN THE RETRACEMENT PLAT OF SURVEY FILED DECEMBER 18, 2020, IN
BOOK 2020, PAGE 35993 OF THE DALLAS COUNTY RECORDER'S OFFICE.
AND
LOT 6 IN I-80 WEST INDUSTRIAL PARK PLAT 1, ON OFFICIAL PLAT, NOW INCLUDED IN AND
FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA.
PUBLIC UTILITY EASEMENTPUE
SANITARY SEWER EASEMENTSSE
NOTE:
STREET LOT A WILL BE DEDICATED
TO THE CITY OF WAUKEE.
SOUTHEASTERLYSE-LY
SOUTHERLYS-LY
NORTHEASTERLYNE-LY
VICINITY MAP
1" = 1000'
PROJECT AREA
INTERST
A
T
E
P
K
W
Y
UT
E
A
V
E
UT
E
A
V
E
I-80
I-80 OWNER:
JKR PROPERTIES LLC
DALLAS COUNTY ZONING:
C-2 HIGHWAY SERVICE AND AGRICULTURAL RELATED COMMERCIAL
OWNER:
MCCARTHY BROTHERS LLC
CITY OF WAUKEE ZONING:
M - 1 LIGHT INDUSTRIAL
Curve Table (P)
Curve #Arc Length Radius Delta
Chord Length Chord Direction
C2 167.17' 368.00' 26°01'41" 165.74' N71° 53' 59"E
C3 278.19' 265.00' 60°08'52" 265.59' N88°57'34"E
Curve Table (R)
Curve #Arc Length Radius Delta
Chord Length Chord Direction
C5 68.71' 18659.55' 01°12'39" 68.71'S0° 50' 38"E
EXHIBIT A