HomeMy WebLinkAbout2026-04-20 I01E_06 Right of Entry Agreement_Alice's Rd Improvements Phase 1B_Alice Acquisitions LLC.
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 20, 2026
AGENDA ITEM:Consideration of approval of a resolution approving Right of Entry
Agreement with Alice Acquisitions LLC [Alice’s Road Improvements
Project Phase 1B]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: This Right of Entry Agreement (which is very similar to a
temporary construction easement) is necessary for the use of storing materials, minor grading and
allowing access to privately owned areas adjacent to Alice’s Road and Dellwood Drive in connection
with the reconstruction and restoration of the Alice’s Road Phase 1B Improvements Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Right of Entry Agreement
II. Resolution
PREPARED BY: Lisa Bauman
REVIEWED BY: Rudy Koester RK
I1E6
THE CITY OF WAUKEE, IOWA
RESOLUTION 2026-
APPROVING RIGHT TO ENTRY AGREEMENT BETWEEN
THE CITY OF WAUKEE, IOWA AND ALICE ACQUISITIONS LLC.
[ALICE’S ROAD IMPROVEMENTS PROJECT PHASE 1B]
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 Alices Acquisitions LLC regarding the conveyance of
certain property interests necessary for construction of the Alice’s Road Improvements Phase 1B Project;
AND
WHEREAS, the discussions have resulted in a Right of Entry Agreement 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
Right of Entry Agreement between the City of Waukee and Alices Acquisitions LLC [Alice’s Road
Improvements Phase 1B Project] is 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.
Passed by the City Council of the City of Waukee, Iowa, and approved this 20th day of April, 2026.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Kala Anderson
Chris Crone
Rob Grove
Lori Lyon
Anna Bergman Pierce
RIGHT OF ENTRY AGREEMENT
Alice’s Road Reconstruction Project Parcel No. 06
THIS AGREEMENT entered into this ______ day of ____________________, 2026, by and
between Alice Acquisitions, LLC, a Delaware Limited Liability Company, hereinafter called the
“Grantor” and the City of Waukee, Iowa, hereinafter called the “Grantee”.
WHEREAS, the Grantee requests the right to enter on certain real estate owned by the Grantor,
for the sole purpose of storing materials, minor grading and accessing areas of Alice’s Road and
Dellwood Drive in connection with the reconstruction and restoration of the Alice’s Road Phase 1B
Improvements Project (the “Alice’s Road Reconstruction Project”).
1. The Grantee is undertaking construction of the Alice’s Road Reconstruction Project in
Waukee, Iowa, and the Grantee needs the right to enter upon a portion of the Grantor’s
property described as
SEE ATTACHED EXHIBIT
(the “Entry Area”) for the sole purpose of storing materials, minor grading and allowing
workers to access Alice’s Road and Dellwood Drive in connection with the Alice’s Road
Reconstruction Project.
2. Upon execution of this Agreement, the Grantee, its agents, employees and all persons
contracting with the Grantee to perform the work on the areas of Alice’s Road adjacent to the
Entry Area and their employees (collectively, “Grantee’s Representatives”), may make entry
upon the Entry Area, which right shall be non-exclusive. Such entry shall include the right to
temporarily store materials, to perform minor grading and for workers to cross the Entry Area
to access Alice’s Road and Dellwood Drive in connection with the Alice’s Road
Reconstruction Project.
3. This Right of Entry Agreement shall terminate upon the earlier of (a) December 31, 2026, (b)
that date that is thirty (30) days after the completion of the portion of the Alice’s Road
Reconstruction Project that affects only the portion of Alice’s Road that is adjacent to the
Entry Area or (c) Grantor revokes the right of entry granted herein by written notice to
Grantee if requested by any lender holding a mortgage on the Grantor’s property. This Right
of Entry is granted upon the condition that the Grantee, at Grantee’s sole expense, will cause
the area disturbed under this Right of Entry to be restored upon completion of construction of
the areas of Alice’s Road adjacent to the Entry Area to the condition that existed prior to the
20th April
entry by Grantee and Grantee’s Representatives including, but not limited to, seeding or
sodding of the grassy portions of the Entry Area and restoring the grade of the Entry Area.
4. No claim for damages for wrongful entry or trespass shall be made by the Grantor against the
Grantee on the Real Property which is the subject of this Agreement during the term hereof.
5. Grantor and Grantee agree that this Right of Entry Agreement shall not be recorded in the
public records of Dallas County, Iowa or any other public records. Notwithstanding any
terms to the contrary set forth herein, this Right of Entry Agreement shall not bind successors
or assigns of Grantor.
6. Grantee shall indemnify, defend and hold harmless Grantor from any and all damages, injuries,
liabilities and losses arising out of Grantee’s entry onto the property as permitted herein or the
work done in connection therewith.
7. Grantee acknowledges that there are numerous other easements and recorded restrictions in or
near the Entry Area. Grantee shall be responsible for all liabilities, costs, damages and
expenses caused by their use of the Entry Area for the uses described herein despite the other
pre-existing easements and restrictions in or near the Entry Area including, but not limited to,
any change of the grade of the Entry Area that violates and of the existing easements and
recorded restrictions.1
8. Grantee agrees not to interfere with access to the improvements on the Grantor’s property.
9. That the Grantor does hereby covenant with said Grantee, and successors in interest, that said
Grantor holds the Entry Area e by title in fee simple; that Grantor has good and lawful
authority to convey the same; that Grantor covenants to warrant and defend the Entry Area
against the lawful claims of all persons claiming by, through or under Grantor, except for the
permitted exceptions set forth on the attached Exhibit B and except as may be stated herein..
Signature pages to follow:
Dated as of the date first set forth above.
Grantor: Alice Acquisitions, LLC
A Delaware Limited Liability Company
Print: __________________________________
Sign: __________________________________
Title: __________________________________
Grantee: City of Waukee, Iowa
Courtney Clark, Mayor
Print: __________________________________
Sign: __________________________________
Title: __________________________________
Ryan R. Cahalan
Authorized Signatory
Courtney Clarke
Mayor
EXHIBIT A
LEGAL DESCRIPTION OF ENTRY AREA
[See attached exhibit]
EXHIBIT B
PERMITTED EXCEPTIONS
All covenants, conditions, restrictions, easements, setbacks, horizontal property regime declarations,
assignments, amendments, right of way permits, plats, storm water detention agreements, stormwater
management facilities maintenance covenants, surveys, options, affidavits, petition contracts, waivers and
other documents of record; matters that would be disclosed by a current survey; taxes; assessments;
ordinances; zoning classifications; urban renewal designation; and Multifamily Mortgage, Assignment of
Leases and Rents, Security Agreement and Fixture Filing recorded on December 30, 2020 in Book 2020,
Page 37271 in the County Recorder’s Office of Dallas County, Iowa as subsequently assigned by that
certain Assignment of Security Instrument recorded on December 30, 2020 in Book 2020, Page 37272 of
the County Recorder’s Office of Dallas County, Iowa and as subsequently amended, if amended.
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15.00' W
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10.00 P.U.E. (Bk 2016 Pg 9355)
Alice Patricia Hom
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15.00 W
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Alice Patricia Hom
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Telecom
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16.5' US W
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Telecom
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ent (Bk 702 Pg 24)
16.5' US W
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unication, Inc.
Easem
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Overhead Electric Transm
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, Bk 1999 Pg 13759
Easem
ent (Bk 1999 Pg 4707
Overhead Electric Transm
ission Line
M
idAm
erican Energy
Easem
ent (Bk 2001 Pg 2234)
Underground Electric Line Easem
ent
M
idAm
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Easem
ent (Bk 2001 Pg 2234)
Underground Electric Line Easem
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M
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10.00 P.U.E. (Bk 2016 Pg 9355)
Alice Patricia Hom
es
10.00 P.U.E. (Bk 2016 Pg 9355)
Alice Patricia Hom
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10.00 P.U.E. (Bk 2017 Pg 12991)
Village At Shadow Creek Plat 1
10.00 P.U.E. (Bk 2017 Pg 12991)
Village At Shadow Creek Plat 1
10.00 P.U.E. (Bk 2017 Pg 12991)
Village At Shadow Creek Plat 1
Easem
ent.
Utilized 33' As Existing Roadway
Found Crossing Subject Property
Note: No Roadway Easem
ent
Adjacent To County R30
(Bk 729 Pg 781)
Utility Easem
ent - 1992yr
44
+
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+
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PO
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ALICE PATRICIA PARK CONDOS
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V:\Projects\2023\123.1396.01\Design\ROWAcquisition\Parcel 06 Alice Patricia Park Condos\EXH_Parcel06_AlicePatriciaParkCondos_PH1B.dgn
PARCEL 6 - ALICE PATRICIA PARK CONDOS
Alice's Road Reconstruction - Phase 1B | Clive / Waukee, Iowa | 4/6/2026FEET
0 40 80
Acquired During Phase 1A
Public Facility and Use Easem
ent
City of W
aukee
NE
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L
L
W
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ALICE'S ROAD
256'
13
'
10'
13
0
'
PROPOSED RIGHT-OF-WAY
PERMANENT EASEMENT
TEMPORARY EASEMENT
EXISTING PROPERTY LINE
EXISTING RIGHT-OF-WAY
TRAIL OR SIDEWALK
PROPOSED PAVEMENT
UNDERLYING FEE ACQ. (--)
FEE TITLE ACQUISITION (--)
PERMANENT EASEMENT (--)
ENTRY AREA (5,125 SF)
LEGEND