HomeMy WebLinkAbout2012-12-27-Resolutions 12-286_Alice's Rd Corridor - Ashworth to University - Development Agr - BeasleyTHE CITY OF WAUKEE,IOWA
RESOLUTION 12-286
APPROVING DEVELOPMENT AGREEMENT RELATED TO ALICE'S ROAD
CORRIDOR PROJECT BETWEEN THE CITY OF WAUKEE,lOW A,AND
BEASLEY FARMS,INC.
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized
Municipal Organization;AND,
WHEREAS,the City has been in discussion with certain property owners regarding the
conveyance by donation of certain rights-of-way and/or easements that are intended to be
used for the Alice's Road Corridor Project south of University Avenue in Waukee (the
"Proj ect");AND,
WHEREAS,Beasley Farms,Inc.has submitted a Development Agreement related to
said Project.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in
session this 27th day of December,2012,that the Development Agreement referenced
above and attached as an exhibit hereto is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk shall cause the original to be
recorded upon the property by submitting the original to the Dallas County Recorder with
the appropriate recording fees.
Attest:
Bra<nyMlJeets,Interim City Administrator
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Shelly Hughes
Mike Watts
AYE
X
NAY ABSENT ABSTAIN
X
X
X
X
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Book 2012 Page 23862
Occu~ent 23882 Type AGMNT Pages 8
·Data 12/31/2B12 lima 2:59 PMRecAmt$47.00
WHEN RECORDEQ RETURN TO-
Steven P.Brick
6701 Westown Parkway,Suite 100
West Des Moines,Iowa 50266
Chad Airhart.RecorderDl!iIllae County reWA
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Preparer Information:Steven P.Brick.6701 Westown Parkway,Suite 100,West Des Moines.Iowa 50266 ISIS)274-1450
DEVELOPMENT AGREEMENT
This Development Agreement is entered into this .;lJjfllayof 'De Q /111 kitlr -_,2012,by
and between Beasley Farms,Inc.,an Iowa Corporation (hereinafter referred to as ""Beasley")
and The City of Waukee,Iowa,a municipal corporation (hereinafter referred to as the "City").
RECITALS:
WHEREAS,Beasley is the owner of certain property legally described as:
Government Lots 9 and 16,in Section 4,Township 78 North,Range 26 West of
the 5th P.M.City of Waukee,Dallas County,Iowa (the "Beasley Property")
WHEREAS,the City and Beasley have been in discussion regarding the conveyance by
donation from Beasley to the City of certain permanent right-of-way that is intended to be used
for Alice's Road south of the University Avenue intersection in Waukee,Iowa,as is more
particularly shown on the Acquisition Plat attached hereto and marked Exhibit "A"(hereinafter
referred to as "Alice's Road Right-of-Way");and
WHEREAS,in addition to the permanent right-of-way,a permanent public utility
easement as is more particularly shown on attached Exhibit "B"(hereinafter referred to as
"PUE")and a temporary construction easement as is more particularly shown on attached
Exhibit "C"(hereinafter referred to as 'Temporary Easement")are necessary for the construction
of Alice's Road,south of the University Avenue intersection;and
WHEREAS,Beasley has agreed to donate the Alice's Road Right-of-Way as shown on
Exhibit "A"as a 5.84 acre tract,as well as conveying the PUB as shown on Exhibit "B"as a 0.97
acre tract and conveying the Temporary Easement (terminating I year after completion and final
acceptance of the construction of Alice's Road Phase 1)as shown on Exhibit "C"as a 4.55 acre
tract,to the City provided that the City agrees that the location of Alice's Road,when
constructed,will be located within the right-of-way areas shown on Exhibit "A",to which the
City is willing to agree;and
WHEREAS,Phase 1 of the Alice's Road construction project (hereinafter referred to as
"Alice's Road Phase 1")shall consist of bulk earthwork for I 75-fi right of way plus 15-ft public
utility easement on each side of right of way,installation of longitudinal storm sewer and storm
sewer cross runs,installation of storm sewer intakes,installation of subdrain system,installation
of major cross road drainage pipe,installation of water main and hydrant assemblies along
Alice's Road,paving of future northbound 3-1anes to function in the interim as a two-way with
continuous-left-tum-lane,installation of two pedestrian cross culverts,installation of hunk
IBaak 2012 Page 238621of9
sanitary sewer adjacent to Alice's Road south of future Westown Parkway,installation of 5-ft
public sidewalk,erosion control,and surface restoration;and
WHEREAS,the donated Right-of-Way,Public Utility Easemeut and Temporary
Construction Easement are valued at $384,600 and is equal to the benefit to the property
associated with the construction of Alice's Road Phase 1.In exchange for which the City agrees
notto assess Beasley for the cost of construction of Alice's Road Phase 1;and
WHEREAS,in addition to the Alice's Road Phase 1 project,the City anticipates the
construction of a regional storm water facility for use within the Alice's Road drainage basin,
however,Beasley acknowledges and agrees that the regional storm water retention facility
proposed is not designed for and will not accommodate any storm water detention or retention
associated with the Beasley property,however this does not prevent Beasley's future
detained/retained storm water from discharging into the regional storm water retention facility.
NOW,THEREFORE,the City and Beasley,in consideration of the promises and
mutual obligations set forth in this Development Agreement,and in reliance thereon,and for
such other good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged,agree as follows:
1.Beasley hereby agrees to convey to the City by donation the Alice's Road Right-
of-Way as shown on Exhibit "A"by warranty deed,free and clear of all liens and encumbrances,
as well as the PUE as shown on Exhibit "B"and the Temporary Easement as shown on Exhibit
"C"tract on or before the 15th day of October,2012.
2.The City agrees that in the event that Beasley complies with Paragraph 1
Beasley and/or the Beasley property shall not be specially assessed any of the project costs
associated with Alice's Road Phase 1.TIns provision shall not apply to,mitigate or otherwise
effect any connection fees for utilities established pursuant to Waukee Municipal Code and Iowa
Law or other costs or expenses in any way related to right of way improvements,utility
improvements or other public improvements and Beasley,its successors or assigns or any other
person claiming through them understand they shall be responsible for the full amount of any
connection fees in effect concerning the property,now or in the future.
3.The City shall have the right to cause the project to be constructed in accordance
with such plans and specifications as it shall deem appropriate.Unless otherwise agreed to,the
City agrees to pay for all costs of construction,engineering and other fees and expenses for
installation of the above-mentioned Alice's Road Phase 1.
4.In the event that Beasley does not comply with the terms of Paragraph 1,the City
shall cause the above-described Alice's Road Phase 1 to be constructed in accordance with such
plans and specifications as it shall deem appropriate,
-2-Hook 2.012.Page 2.3862.
2.of 9
For purpose of this Agreement,the City may elect to contract for the construction of said
Alice's Road Phase 1 as part of any contract for a public improvement project entered into prior
to the receipt of this instrument as authorized by law.
In consideration of the execution by the City of this Agreement and the construction of
Alice's Road Phase 1,Beasley hereby expressly waives each and every question of jurisdiction,
benefit and need,the intention of Beasley being to authorize and direct said City to construct
Alice's Road Phase 1 for the benefit of the Beasley property.Provided,however,that except for
the 25%rule,Beasley shall otherwise have and retain all the rights to notice and hearing of any
other property owner to be benefited by Alice's Road Phase 1 and to all other legal formalities as
required by the laws of Iowa to be observed by the City prior to the adoption of a final resolution
of necessity for assessing the expense of Alice's Road Phase 1 against private property,
It is further agreed that when said Alice's Road Phase I has been constructed in
accordance with the plans and specifications and if the City assesses the cost of Alice's Road
Phase 1 by special assessment,that the City shall make assessments against the property
proportionately,and that said assessments so made shall be a lien upon the property,and the
undersigned hereby agrees to pay the amount that is assessed against said Beasley property,and
said assessment shall have the same legal force and effect as if all the legal formalities provided
by law in such cases had been fully and faithfully performed and observed,subject only to the
rights of Beasley reserved herein.The undersigned hereby expressly waives every objection to
said final assessment,any limitation of the amount thereof as a percentage of valuation and any
right to defer or postpone payment of the assessment.Said assessment shall be paid by the
undersigned within the time provided by statute for the payment of such special assessments for
such Alice's Road Phase 1.The undersigned,if entitled to agricultural defermeut under the
Code ofIowa,hereby waives its right to such deferral.
The undersigned hereby authorizes the City Council to pass any resolution requisite or
necessary to order or secure said Alice's Road Phase 1,to provide for the construction of the
same and to make the assessments herein provided for,subject only to the light of Beasley
reserved herein,and any such resolution may contain recitals that said Alice's Road Phase 1 arc
ordered or made by the Council without petition of Beasley;without in any way qualifying this
petition or releasing Beasley from obligations to pay the assessments levied against its Property
fur the cost of said Alice's Road Phase 1 and to issue improvement bonds payable out of said
assessment as herein provided.
The undersigned warrants that the Beasley Property is free and clear of all liens and
encumbrances other than for ordinary taxes,except for such liens as are by lienholders
hereinafter listed and designated as signers of this Petition and Waiver,who by execution of this
Petition consent to the subordination of their lien to the special assessment liens herein
described.Beasley further agrees to subordinate the Beasley Property to the terms of this
Petition and Waiver,and upon failure to do so,to pay the full amount of the assessment on
demand.Each lienholder,designated below,by execution of this Petition and Waiver,agrees
and consents that its lien shall be subordinated to the lien of the assessments levied pursuant
hereto.
-3-Book 2e12 Page 23862
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Beasley agrees that this Petition and Waiver shall be effective and binding from and after
the approval hereof by resolution of the City Council and shall be binding on any and all
transferees and assignees.
5.It is intended that this Agreement shall run with the land and that it shall,in any
event and without regard to technical classifications or designations,legal or otherwise,and
except only as otherwise specifically provided in this Agreement,be binding for the benefit and
in favor of,and enforceable by the City against Beasley,its successors and assigns,and every
successor-in-interest to any of the Beasley Property or any part thereof,OJ"any interest thereof,
and any patty in possession or occupancy of any of the Property or any part thereof.
6.This Agreement shall be construed in accordance with the laws of the State of
Iowa.
7.A notice,demand,or other communication under this Agreement by either party
to the other shall be sufficiently given or delivered if it is dispatched by registered or certified
mail,postage prepaid,retum receipt requested;delivered personally;or sent by overnight courier
service,as follows:
In the case of Beasley:In the Case of the City:
City of Waukee
Attention:City Administrator
230 W.Hickman Road
Waukee,IA 50263
or to such other address,department,or individuals either may,from time to time,
designate in writing and forward to the other as provided in this Article.
8.This Development Agreement shall constitute the entire agreement between the
City and Beasley and supersedes all other written or oral agreements,discussions and
negotiations regarding the subject matter herein in connection with the Project.The terms of this
Development Agreement may not be amended except in writing by agreement of the City and
Beasley.
9.This Agreement is executed in two counterparts,each of which shall constitote
oue and the same instrument.A copy of this Agreement,including all Exhibits,shall be
maintained in the office of the City Clerk ofthe City.
[Remainder of Page Left Inteniionally Blank]
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Book 2012 Page 23862
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IN WITNESS WHEREOF,the City has caused this Development Agreement to
be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and
attested to by the City Clerk upon the authorization of the City Council and Beasley has caused
this Development Agreement to be duly executed by the parties authorized to so act on its behalf.
By--l'iJ-'---I.""-=~P--'o!#'-'-'-"----"--'City Clerk
~.lL1--,---_"2012
:SS
COUNTY OF DALLAS
.On this 11fl1 day of fJCCl t4t btr ,2012,before me,the und~rsigncd,a
Notary Public:in and for the State of Iowa,personally appeared.JWl((aIM E.Peam and.L'!.£tilllu 611)~,to mc 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 seal
affixed to the foregoing instrument is the corporate seal of the corporation,and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council -a~
~ed m Onlifltlliee--No.}*H¥.lCd-by-1:I:re-eity C61Uic!f under Roll Call No.
IJ-3B'o ofthe City Council on the ,l]'\!I day of jUlfflW ,2012,and that Mayor and
City Clerk,as such officers,acknowledge the execution of said instrument to be the voluntary act
and deed of the City of Waukee,by them voluntarily executed.
"""0 REBECCAO.SCblUETT
~'i'.";l!'~Commission N~rnber ~16496·t~·My Comrnlsslon ExpiresIO~May 13,2014 Notary Public in and for the State of Iowa
My Commission expires Ds ff'?J/IJjljrI
-5-Book 2012 Page 23B625of9
BEASLEY FARMS,INC.
Dated:/0-s-:-~o/Z
STATEOF IOWA )
)ss.
COUNTY OF PoLl{)
On this ~day of (5 c.T,,2012,before me,the undersigned,a Notary Public
in and for the State ofIowa,personally appeared F,To '8.(1/1<;,",-'4 'to me personally
known,who being by me duly sworn,did say that the person is the pI"(?s;do",t of Beasley
Farms,Inc.,an Iowa corporation,and that the instrument was signed on behalf of said
corporation by authority of its Board of Directors;and that said person acknowledged the
execution of the foregoing instrument to be the voluntary act and deed of the corporation and by
it voluntarily executed.~1-t&
/~~A"F~ir ~.......'C:.......,'.I~~•....r-••*'"',,-":'.,I(f "1/:,~.'flt '"T '::-:;--,--J~f.~"¥---b,-C?'f.c:-""::;::"':-----;;-;---!~I~"'lliJiii1fJ1,~\~Notary Pu lie in and for the State of Iowa;~:...~r!frt:;.
!~Vt..·S 1,16'My Commission expires ?/8/';;01r/.-\~.tf;'.~,~A"'\~";{~'·.4-r:\..'#liJ'·",..':...
"-I~'tl{•
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Book 2012 Page 23862
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EXHmIT "A"
Legal Description:
A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 9 AND GOVERNMENT LOT 16
OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE
MERIDIAN,NOW INCLUDED IN AND FORMING APART OF THE CITY OF WAUKEE,
DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 16;
THENCE NORTH 00"27'28"EAST,1322.50 FEET ALONG THE WEST LINE OF SAID
GOVERNMENT LOT 16 TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT
16;THENCE NORTH 00"27'40"EAST,1317.06 FEET ALONG THE WEST LINE OF SAID
GOVERNMENT LOT 9 TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT
9;THENCE NORTH 83°25'55"EAST,88.13 FEET ALONG THE NORTH LINE OF SAID
GOVERNMENT LOT 9;THENCE SOUTHERLY A DISTANCE OF 10.78 FEET ALONG
THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WITH A CENTRAL
ANGLE OF 00"23'21 ",A RADIUS OF 1587.50 FEET AND A CHORD THAT BEARS
SOUTII 00"15'59"WEST,10.78 FEET;THENCE SOUTH 00°27'40"WEST,1142.88 FEET;
THENCE SOUTH 47"52'17"EAST,135.00 FEET;THENCE SOUTH 05°46'46"EAST,
62.00 FEET TO THE SOUTH LINE OF SAID GOVERNMENT LOT 9;THENCE SOUTH OS"
46'46"EAST,50.00 FEET;THENCE SOUTH 42"07'37"WEST,170.00 FEET;THENCE
SOUTH 00°27'28"WEST,1158.57 FEET TO THE SOUTH LINE OF SAID GOVERNMENT
LOT 16;TIillNCE SOUTH 83°55'31"WEST,88.07 FEET ALONG THE SOUTH LINE OF
SAID GOVERNMENT LOT 16 TO THE POINT OF BEGINNING,CONTAINING 254,600
SQUARE FEET OR 5.84 ACRES MORE OR LESS.
-7-
Book 2012 Page 238627of9
EXHIBIT "B"
Legal Description:
A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 9 AND GOVERNMENT LOT 16
OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCll'LE
MERIDIAN,NOW INCLUDED IN AND FORMING APART OF THE CITY OF WAUKEE,
DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 16,
THENCE NORTH 83°55'31"EAST,88.Q7 FEET ALONG THE SOUTH LINE OF SAID
GOVERNMENT LOT 16 TO THE POINT OF BEGINNING,THENCE NORTH 00°27'28"
EAST,1,158.57 FEET;THENCE NORTH 42°07'37"EAST,170.00 FEET;THENCE NORTH
05°46'46"WEST,112.00 FEET;THENCE NORTH 47°52'17"WEST,135.00 FEET;THENCE
NORTH 00°27'40"EAST,1,142.88 FEET;THENCE NORTHERLY A DISTANCE OF 10.78
FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE WESTERLY WITH A
CENTRAL ANGLE OF 00°23'21 ",A RADIUS OF 1,587.50 FEET AND A CHORD THAT
BEARS NORTH 00°15'59"EAST,10.78 FEET TO THE NORTH LINE OF SAID
GOVERNMENT LOT 9;THENCE NORTH 83"25'55"EAST,15.10 FEET ALONG THE
NORTH LINE OF SAID GOVERNMENT LOT 9;THENCE SOUTHERLY A DISTANCE OF
12.63 FEET ALONG THE ARC OF A NON,TANGENT CURVE CONCAVE WESTERLY
WITH A CENTRAL ANGLE OF 00"27'06",A RADIUS OF 1,602.50 FEET AND A CHORD
THAT BEARS SOUTH 00°14'07"WEST,12.63 FEET;THENCE SOUTH 00"27'40"WEST,
1,136.15 FEET;THENCE SOUTH 47°52'17"EAST,57.02 FEET;THENCE NORTI-I 42°07'
43"EAST,20.00 FEET;THENCE SOUTH 47°52'17"EAST,20.00 FEET;THENCE SOUTH
42°07'43"WEST,20.00 FEET;THENCE SOUTH 47°52'17"EAST,57.02 FEET;THENCE
SOUTH 05°46'46"EAST,124.44 FEET;THENCE SOUTII 42°07'37"WEST,65.48 FEET;
THENCE SOUTH 47"52'23"EAST,20.00 FEET;THENCE SOUTH 42°07'37"WEST,40.00
FEET;THENCE NORTH 47°52'23"WEST,20.00 FEET;THENCE SOUTH 42°07'37"
WEST,65.48 FEET;THENCE SOUTH 00°27'28"WEST,1,151.15 FEET TO THE SOUTH
LINE OF SAID GOVERNMENT LOT 16;THENCE SOUTH 83°55'31"WEST,15.10 FEET
ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 16 TO THE POINT OF
BEGINNING,CONTAINING 42,140 SQUARE FEET OR 0.97 ACRES MORE OR LESS.
-8-
Book 2012 Page 238628of9
EXHIBIT "C"
Legal Description:
A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 9 AND GOVERNMENT LOT 16
OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE
MERIDIAN,NOW INCLUDED IN AND FORMING APART OF THE CITY OF WAUKEE,
DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 16,
THENCE NORTH 83°55'31"EAST,88.07 FEET ALONG THE SOUTH LINE OF SAID
GOVERNMENT LOT 16 TO THE POINT OF BEGINNING,THENCE NORTH 00°27'28"
EAST,1,158.57 FEET;THENCE NORTH 42°07'37"EAST,170.00 FEET;THENCE NORTH
05°46'46"WEST,112.00 FEET;THENCE NORTH 47°52'17"WEST,135.00 FEET;
THENCE NORTH 00°27'40"EAST,1,142.88 FEET;THENCE NORTHERLY A DISTANCE
OF 10.78 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE WESTERLY
WITH A CENTRAL ANGLE OF 00°23'21 ",A RADIUS OF 1,587.50 FEET AND A CHORD
THAT BEARS NORTH 00°15'59"EAST,10.78 FEET TO THE NORTH LINE OF SAID
GOVERNMENT LOT 9;THENCE NORTH 83°25'55"EAST,70.45 FEET ALONG THE
NORTH LINE OF SAID GOVERNMENT LOT 9;THENCE SOUTHERLY A DISTANCE OF
19.41 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY
WITH A CENTRAL ANGLE OF 00°40'15",A RADIUS OF 1,657.50 FEET AND A CHORD
THAT BEARS SOUTH 00°07'33"WEST,19.41 FEET;THENCE SOUTH 00°27'40"WEST,
734.28 FEET;THENCE SOUTH 89°32'20"EAST,22.50 FEET;THENCE SOUTH 02°10'17"
EAST,435.46 FEET;THENCE SOUTH 48°21'11"EAST,53.15 FEET;THENCE sorrrn 04°
30'38"EAST,230.85 FEET;THENCE SOUTH 29°48'56"WEST,229.47 FEET;THENCE
SOUTH 00°27'28"WEST,988.39 FEET TO THE SOUTH LINE OF SAID GOVERNMENT
LOT 16;THENCE SOUTH 83°55'31"WEST,60.39 FEET ALONG THE SOUTH LINE OF
SAID GOVERNMENT LOT 16 TO THE POINT OF BEGINNING,CONTAINING 198,210
SQUARE FEET OR 4.55 ACRES MORE OR LESS.
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Book 2012 Page 23862
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