HomeMy WebLinkAbout2025-08-11 Resolution 2025-313_Right-of-Way and Easement Purchase Agreement, 555 Interstate Partners LLCTHE CITY OF WAUKEE, IOWA
RESOLUTION 2025-313
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 11t day of August,
2025.
Courtney Clarke, Mayor
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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
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-lnterest. 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 aii' day of HjAiy
, 2025.
FOR THE CITY OF WAUKEE, IOWA
Brad Deet , City Administrator
Subject to City Council Approval
THIS OFFER IS ACCEPTED on this 1,1 day of c , 2025.
555 INTERSTATE PARTNERS, LLC
By:
BY:
Approved by the City Council of the City of Waukee on the M day of
'r , 2025, by Resolution No..- X4 -1I3
j n„
By:
Colartney Clarke, Mayor
Attest'IA/WO
Rebecca D. Schuett, City Clerk
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