HomeMy WebLinkAbout2014-01-06-Resolutions 14-004_Sugar Creek Bridge - Temp Easement ContractTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-004
APPROVING TEMPORARY EASEMENT CONTRACT (RIGHT OF ENTRY)
BETWEEN THE CITY OF WAUKEE AND HUBBELL METROPOLITAN
DEVELOPMENT FUND I,LLC (SERIES E)[SUGAR CREEK BRIDGE PROJECT]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal
Organization;AND,
WHEREAS,on December 16,2013,the Waukee City Council approved an Iowa Department of
Transportation Federal Aid Agreement for a Transportation Enhancement Program (TE)Project
related to the Sugar Creek Trail Bridge Project (Resolution #13-330);AND,
WHEREAS,the Iowa Department of Transportation requires approval of a Temporary
Easement Contract (Right of Entry)with Hubbell Metropolitan Development FlUId I,LLC
(Series E)in order to receive funding toward the Sugar Creek Trail Bridge Proj ect;AND,
WHEREAS,the City Attomey has reviewed the easement contract,which is attached hereto as
Exhibit A,and finds it satisfactory.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee tbat the
Temporary Easement Contract (Right of Entry)between the City of Waukee and Hubbell
Metropolitan Development Fund I,LLC (Series E)[Sugar Creek Bridge Project]is hereby
approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the 6th day of January,
2014.
Attest:
VfkLiu<AJ?6~Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
X
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NAY ABSENT ABSTAIN
TEMPORARY EASEMENT CONTRACT
(RIGHT OF ENTRY)
PARCEL NO.Parcel #1605100039 COUNTY:Dallas
PROJECT NAME:Sugar Creek Trail Bridge ROAD:Trail
SELLER:Hubbell Metropolitan Development Fund I,LLC (Series E)
THIS AGREEMENT made and entered this ~day of ))U!U",!w-
between Seller and the City of Waukee,Iowa (hereinafter the "City").
,2013,by and
1.SELLER GRANTS to City a temporary easement for right of entry upon Seller's real
estate,(hereinafter the "Premises)as reflected in "Easement Exhibit",attached hereto and on
land described in "Easement Exhibit",for said trail improvements.
SELLER UNDERSTANDS that this temporary easement is being granted to the City with
the agreement that the City will negotiate with the Seller and compensate the Seller for use
of the Temporary Easement area,any additional right-of-way needed by the City or any
damage caused to the Premises.
2.Possession of the Premises is the essence of this contract and SELLER GRANTS Buyer
immediate lights and possession to use the Easement Area,
3.SELLER WARRANTS there are no tenants on the premises holding under lease except:
4.It is agreed that the light of temporary easement for right of entry granted by this contract
shall terminate upon the completion of this trail project.
5.This contract shall apply to and bind the legal successors in interest of Seller and SELLER
AGREES to warrant good and sufficient title.Names and addresses of lienholders are:_
DISTRffiUTION:TWO COPIES RETURNED TO CITY OF WAUKEE IOWA)-
ONE COPYRETAlN BY SELLER.
6.If this contract is recorded,the costs of such recording shall be paid by the City.SELLER
AGREES to obtain court approval of this contract,if requested by City,if title to the
premises becomes an asset of any estate,trust,conservatorsbip or guardianship.City agrees
to pay court approval costs and all other costs necessary to transfer the premises to City,but
not attorney fees.Claims for such transfer costs shall be paid in amounts supported by paid
receipts or signed bills.
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PARCEL NO.Parcel #1605100039 COUNTY:Dallas
PROJECT NAME:Sugar Creek Trail Bridge ROAD:Trail
SELLER:Hubbell Metropolitan Development Fund I,LLC (Series E)
7.Buyer hereby gives notice of Seller's five-year right to renegotiate construction or
maintenance damages not apparent at the time of the signing of tills contract as required by
the Code ofIowa.
8.Seller states and warrants that there is no known well,solid waste disposal site,hazardous
substances,nor underground storage tanks on the premises described and sought herein.
9.It is understood and agreed the City is granted Right of Entry on the Premises for the
purpose of trail construction,
10.It is also understood and agreed an acquisition contract will be negotiated between the City
and the el '.Upon agreement of said acquisition contract,this right of entry contract will
beco e null nd void.~
SEL
x
__~INDIVIDUAL
)X CORPORATE
)Titlefs)of Corporate Officer(s):
Onthis"2..Vdayof Ck-u..mbr--,A.D.,2013,)V'U Ns;.4VJt-
before me,the undersigned,a Notary Public in and for said)....,'s::c.cr<-.
State,personally appeared j"ri<fn p,dVIl~b')CorporateSeal is affixed«.nJ ,k.,o'hr Cy~v )----.X_No Corporate Seal procure
to me personally known or __proved to me on the basis of)PARTNER(s):
satisfactory evidence to be the person(s)whosename(s)is/are)Limited Partnership
subscribed to the within instrument and acknowledged to me)General Partnership
that he/she/they executed the same in his/her/their authorized)ATTORNEY-lN-FACT
capaclty(ies)and that by his/her/their signature(s)on the )EXECUTOR(s)or TRUSTEES
instnunent the person(s),or the entity upon behalf of which the )OTHER,:_
person(s)acted,executed the instrument )
{),())SIGNER IS llliPRESENTING:
NOTARY SEAL)~Wr ~Qffi (signinink))Listname(s)ofentity(ies)or
So.,;~bCA.~"""\.(,(PrintlIype Name))personts)./'
Notary Publicin and for the State ofIowa j 8:~kt~iflli£':J7f~117itIT::'':~)
CITY'S APPRO~J =\~f()(\rIw\'l>kv'MAlI't,I~'VD~/;!>I~'''''''
ATTEST:
City Clerk
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