HomeMy WebLinkAbout2025-08-04 Resolution 2025-309_Residential Purchase Agreement, 825 Ashworth DrTHE CITY OF WAUKEE, IOWA
RESOLUTION 2025-309
RESOLUTION APPROVING RESIDENTIAL 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 Residential Purchase Agreement (hereinafter
referred to as the "Agreement") and said Agreement has been accepted by the Sellers, Kathleen
Anne Burger and Karen Marie Dluhos, as Co -Trustees of Margaret A. Dluhos Revocable Trust,
for certain property locally known as 825 Ashworth Drive, Waukee, Iowa; 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 Kathleen Anne Burger and Karen Marie Dluhos,
as Co -Trustees of Margaret A. Dluhos Revocable Trust, 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
Residential 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 4th day of August,
2025.
a.,
Courtney Clarke, Mayor
Attest:
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Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg X
Chris Crone X
Rob Grove X
Anna Bergman Pierce X
Ben Sinclair X
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Kathleen Anne Burger and Karen Marie Dluhos, as Co -Trustees of Margaret A. Dluhos
Revocable Trust, (Seller):
1. REAL ESTATE DESCRIPTION. The Buyer offer to buy real estate in Dallas County,
Iowa, described as follows:
Commencing at the Northwest corner of Section 33, Township 79 North, Range 26,
West of the 5th P.M., Dallas County, Iowa, running thence South 30 feet; thence East
495.8 feet; thence Southeasterly along a West curved line of the Minneapolis & St.
Louis Railroad right-of-way, 141.4 feet to the point of beginning; thence Southwesterly
at right angles to the center line of Adel Avenue, 319.5 feet; thence Southeasterly
parallel to said center line of Adel Avenue, 30 feet therefrom, 90 feet; thence
Southeasterly at right angles to the center Line of Adel Avenue, 309.5 feet, more or less,
to a point on the Southwest right-of-way line of the Minneapolis & St. Louis Railroad;
thence Northwesterly along said right-of-way line, 90 feet, more or less, to the point of
beginning,
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And locally known as 825 Ashworth Runt Waukee, Iowa,
with any easements and appurtenant servient estates, but subject to the following: a.
any zoning and other ordinances; b. any covenants of record; c. any easements of record
for public utilities, roads and highways.
2. PRICE. The purchase price shall be $300,000.00, to be paid at closing.
3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable in prior
years. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes
on the Real Estate shall be based upon such taxes for the year currently payable unless the
parties state otherwise.
4. SPECIAL ASSESSMENTS.
A. Seller shall pay all special assessments which are a lien on the Real Estate as of
the date of acceptance of this offer.
B. If A. IS STRICKEN, then Seller shall pay all installments of special assessments
which are a lien on the Real Estate and, if not paid, would become delinquent during
the calendar year this offer is accepted, and all prior installments thereof.
C. All other special assessments shall be paid by Buyer.
5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession
of the Real Estate to Buyer shall be as follows:
A. All risk of loss shall remain with Seller until possession of the Real Estate shall
OTla Iowa State Bar Association 2025
IowxDorsaO
Form No. 153, Offer to Buy Real Estate and Acceptance
Revised November 2022
be delivered to Buyer.
6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition
and delivered intact at the time possession is delivered to Buyer.
7. POSSESSION. If Buyer timely perform all obligations, possession of the Real Estate shall
be delivered to Buyer on September 3, with any adjustments of rent, insurance, and interest
to be made as of the date of transfer of possession.
8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether
attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm
doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating
equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical
service cable, outside television towers and antenna, fencing, gates and landscaping shall
be considered a part of Real Estate and included in the sale except: (consider: rental items.)
9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be
used to pay taxes and other liens and to acquire outstanding interests, if any, of others.
10. ABSTRACT AND TITLE. Seller, at their expense, shall promptly obtain an abstract of
title to the Real Estate continued through the date of acceptance of this offer, and deliver it
to Buyer for examination. It shall show merchantable title in Seller in conformity with this
agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract
shall become the property of the Buyer when the purchase price is paid in full. Seller shall
pay the costs of any additional abstracting and title work due to any act or omission of
Seller, including transfers by or the death of Seller or their assignees.
11. DEED. Upon payment of the purchase price, SELLER shall convey the Property to Buyer
by Warranty deed, free and clear of all liens, restrictions, and encumbrances except as
provided in this Agreement. General warranties of title shall extend to the time of delivery
of the deed excepting liens or encumbrances suffered or permitted by Buyer.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately
preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full
right of survivorship, and the joint tenancy is not later destroyed by operation of law or by
acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of
Seller in the Real Estate, shall belong to Seller as joint tenants with full rights of
survivorship and not as tenants in common; and Buyer, in the event of the death of either
Seller, agree to pay any balance of the price due Seller under this contract to the surviving
Seller and to accept a deed from the surviving Seller consistent with paragraph 11.
13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately
preceding acceptance of this offer, executes this contract only for the purpose of
relinquishing all rights of dower, homestead and distributive shares or in compliance with
Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for
this purpose.
®rite lowa State Bar Association 2025 Farm No. 153, Offer to Buy Real Estate and Acceptance
Revised November 2022
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14. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
15. REMEDIES OF THE PARTIES
A. If Buyer fails to timely perform this contract, Seller may forfeit it as provided
in the Iowa Code, and all payments made shall be forfeited or, at Seller's option,
upon thirty days written notice of intention to accelerate the payment of the entire
balance because of such failure (during which thirty days such failure is not
corrected) Seller may declare the entire balance immediately due and payable.
Thereafter this contract may be foreclosed in equity and the Court may appoint a
receiver.
B. If Seller fails to timely perform this contract, Buyer has the right to have all
payments made returned to them.
C. Buyer and Seller also are entitled to utilize any and all other remedies or actions
at law or in equity available to them and shall be entitled to obtain judgment for
costs and attorney fees as permitted by law.
16. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the
Real Estate, Seller shall furnish Buyer with a written statement from the holder of such
lien, showing the correct balance due.
17. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this
contract shall be on a form of the Iowa State Bar Association.
18. APPROVAL OF COURT. If the Property is an asset of an estate, trust or conservatorship,
this Agreement is contingent upon Court approval unless Court approval is not required
under Iowa law and title standards of the Iowa State Bar Association. If the sale of the
Property is subject to Court approval, the fiduciary shall promptly submit this Agreement
for such approval. If this Agreement is not so approved by , 2025
either party may declare this Agreement null and void, and all payments made hereunder
shall be made to BUYER.
19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to
and bind the successors in interest of the parties.
20. 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.
21. CERTIFICATION. Buyer and Seller each certify that they are not acting, directly or
indirectly, for or on behalf of any person, group, entity or nation named by any Executive
Order or the United States Treasury Department as a terrorist, "Specially Designated
National and Blocked Person" or any other banned or blocked person, entity, nation or
transaction pursuant to any law, order, rule or regulation that is enforced or administered
by the Office of Foreign Assets Control; and are not engaged in this transaction, directly
or indirectly on behalf of, any such person, group, entity or nation. Each party hereby
agrees to defend, indemnify and hold harmless the other party from and against any and
eThe Iowa State Bar Association 2025 Form No. 153, Offer to Buy Real Estate and Acceptance
IoveaDoese Revised November 2022
all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and
costs) arising from or related to my breach of the foregoing certification.
22. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before July 25,
2025 it shall become void and all payments shall be repaid to the Buyer.
23. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM.
A. Seller represents and warrants to Buyer that the Property is not served by a
private sewage disposal system, and there are no known private sewage disposal
systems on the property.
B. The Property is served by a private sewage disposal system, or there is a
private sewage disposal system on the Property. Seller and Buyer agree to the
provision selected in the attached Addendum for Inspection of Private Sewage
Disposal System.
C. Seller and Buyer agree that this transaction IS exempt from the time of
transfer inspection requirements by reason that
24. OTHER PROVISIONS. This Agreement is subject to approval by the City the Council
of the City of Waukee to be obtained after Seller's acceptance hereof.
25. The Buyer is not represented by an Agent or Broker and is not responsible for any costs
associated with any services of a Broker/Agent in connection with Buyer's purchase of this
property. Seller is represented by Cheryl Goodall/Goodall Properties and Seller is
responsible for any and all commissions, fees, and costs in any way associated with the
sale of the property.
Accepted " , 2025
SELLER
Kathleen Anne Burger, Co -Trustee
of Margaret A. Dluhos Revocable Trust
- 1 gAA- E
n Marie Dluhos, as Co -Trustee of
Margaret A. Dluhos Revocable Trust
Address: PP-oeG.+, `( B <5 r sNkV(r rk, l 2-% t)E,
1" IAA H_. b 4c P ® 13 t I vYPI t r Telephone: C... +tezyl.,. �',410Ae-l.— 5 `. -1'8e
Dated aW'4- C4 , 2025
BUYER
Courtney Clarke, Mayor of City of
Waukee, Iowa
tThe Iowa State Bar Association 2025
IowaDocsOt
Address: 230 W. Hickman Road
Waukee, IA 50263
Telephone: (515) 978-7900
Form No. 153, Offer to Buy Real Estate and Acceptance
Revised November 2022