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Home My WebLink About2015-03-14-Resolutions 16-086_Westown Pkwy-R-22 Intersection - Memorandum of Understanding - JohnsonTHE CITY OF WAUKEE,IOWA RESOLUTION 16-OS6 APPROVING MEMORANDUM OF UNDERSTANDING RELATED TO THE WESTOWN PARKWAY/R-22 INTERSECTION IMPROVEMENT PROJECT [MARK A.AND LISA K.JOHNSON] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,/OH'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,the City is undertaking a public improvement project known as the Westown Parkway/R-22 Intersection Improvement Project,which will provide some benefit to property owned by Mark A.and Lisa E.Johnson,whose property runs along and adjacent to the public improvement project area;AND, WHEREAS,the City of Waukee and Mark A.and Lisa E.Johnson have reached an agreement related to the acquisition by the City of a fee simple interest in certain property,as well as a temporary construction easement,under certain terms and conditions as outlined in a Memorandum of Understanding,which is attached hereto as Exhibit A. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 14'"day of March,2016,that it hereby approves the Memorandum of Understanding related to the Westown Parkway/R-22 Intersection Improvement Project (Mark A.and Lisa E.Johnson). illiam .Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson X X NAY ABSENT ABSTAIN X X Iilllllllllfllllllllllllfflllllllllj!IlllllllllllllllllllllillfllllllllllllflllflfIIIII f Ill fili Book 2016 Page 5609 Document 6688 Tttpe ltEMQ Paces 6Date47&672816 Time 18&8 RMRecRmt827.88 Chad sir hart RecorderDallasCountaIDWR Illllljfflflf IIIII flllf IIIIIIIIII MTG PCRF- BKRF DDD DMC 1&ILiMORANDUM Oll'UNDERSTANDING City of trt/aukee,IA;Mark A.Johnson and Lisa K.Johnson Recorder's Cover Sheet Preparer Information (nanle,address and phone number): Steven P.Bllclc Brick Gentry I.aw 6701 Westown Pkwy.,Ste.100 West Dcs Moines,IA 50266 Phone:(515)274-1450 13111/Return Document to (name and complete address): Rcbccctl D.Scl'luet 1. City of Waukec 29l0 W.I-lickman Rd. Waukee,IA 50263 Phone:(515)97II-7904 Local Description:SL'E EXIIIBIT A Document or Instrument Number of Previously Recorded Documents: Book 2816 Page 5689 1 ol 5 MEMORANDUM OF UNDERSTANDING THIS Memorandum ol'Understanding entered into between the City ot'Waukee,Iowa,a municipal corporation in the State of Iowa (hereinaftcr referred to as "City")',and Mark A. Johnson and Lisa E.Johnson (hereinafter refer&cd to as "Property Ov ners")(collectively referred u&as "Parties'). WHEREAS.the City is undcrtal&ing to improve Westown Parkway and the intersection of Westown Parkway and R22,which will provide some benefit I'roperty Owners*Property("Improvements');and WHEREAS,prepaid Owners own property along and adjacent to Vv'esto&vn Farl'v'ay including but not limited to the property legally described on Exhibit A which the City desires to acquire for the purpose of completing the Improvements (hereinalter referred to as "Property");and WHEREAS,the Parties have entered into negotiations for the acquisition of a fee simp!e interest in certain property as well as a temporary construction easement fi'om Property Owners under celtall&t&.l iris and conditions,and Ihe Parties desire to set forth their understanding in this Memorandum. IN CONSIDERATION of the nnitual promises as more panicularly set fo&ch herein,the sufficiency ol'which is hereby acknov;ledged,the Parties agree as I'ollov s: I)The City's Agreements: a)The City agrees to purchase approximately 0.032 acres of land in fee simple from Property Ov ners for the purchase price of S 1,131,001 acquire a Iemporary easement I)rom Property Ov;ners for the sum of $4,038.00:and provide $20,000.00 compensation to Property Owners for the purpose of Property Ownei's ul&dertaking tree replacement as they may deem appropriate on Property Owners remaining properor follov"ing completion and acceptance of the Improvements by thc City. b)The City agrees thai it.will not specially assess Property O&vners re&nainin«property for the cost of the Improvements undertaken as identified in this Memorandum. c)'I'he City will not impose a connection fee for Propeicy Owner to connect their existing residence to the 11&evv &vater main being installed as part of the improvements undertaken by the City.The City,as pai&of the project,will move Prope&ty Ov&ners existing connection to the existing water main and connect it to the new water main installed as part of the Improvements,at the City's cost. d)The hnprovements v'ill be undertaken by the City in such a manner so as to allow Property Owners to continue to have access &o their drivew&ay to their permanent residence for thc duration of the T&unporary Construction Easement. Book 2816 Page 56892of5 e)The City agrees to instruct the contractor not to place,nor allow,construction equipment to remain,after working hours,in the Temporary Construction Easement granted by'Propeity Owners to the City. f)The City is compensating Property Owners a sum certain for trees that it intends to remove as part of the construction of the Improvements.The trees that are not being removed are being marked by the City.Generally,the trees being removed include all trees located with the the area being graded as pari of the Improvement as identified in the grading plan provided to Property Owners,receipt ol'which Propert Owners acknov«led&'e.Property Owners agree to the removal of the trees designated by the City.The City agrees that it v,ill not remove ihe trees that have been identified and marked prior to the execution of this Memorandum as trees that shall remain as part of the improvements. g)The City will provide the Property Owner the contact.information of the project manager so that they may communicate with them io address any questions or concerns. 2)The Properly Ov:ners'Agreements: a)The Property Owners agree to convey unto Lhe City a fee simple interest by Warranty Deed ol the Property being acquired by Lhe City. b)The ProperLy Owners agree to grant a Temporary Construction Easement to allow the Citv to undertake the improvements on a I'orm approved by the City Attorney. c)Property Ov'ners agree that the compensation paid to Property Owners for tree replacement is fair and adequate,and that Property Owner will undertake,at their cost,tree replacement as they may deem appropriate withoui.seeking additional compensation from the City. 3)Binding Effect.This Memorandum shall inure io the benefit of and be binding upon the Parties.their successors in interest,or assigns,il'any. 4)Representation and Warranty.Property Owners represent and warrant they ihey are the sole owners of the property that is thc subject of ibis agrcemcnt and that they have full and complete authority to convey and grant the property interests Lo ihe City that are contemplated hereunder.Propetty Owners agree to vvarram and defend for any claims made adverse to thc property interests conveyed to the City under this agrcemcttt. p ge 5689 3oI5 ThitMd folrssdi isdtd'I lodyy~.2016. THE CITY OF YYAUKEE,IOWA PROPERTY OVv'NERS: 'liam F.card Mayor ATTEST: By: Rebecca Schuett,City Clerk Marie A.Johnson By ~r~ke ~—.o j~~o Lisa E.Johnson Book 2816 Page 56894of5 User JINININTE Drawing C'ITemptacpublish 67121TEP1 dwg,TEP1-1DF1 Last Modified'Jah.26,16-IA.27 n 9 IH 83'Z 3ncxxZm8&Z & 0DCj 0 0 8 00 8 8 8 8 6 '8 0 ~ m Q O ~237 rg/u NA 2 7/ 2 0 C 200 2 op N N C M 0 G I IO 0 'j I 0 02 0 ' 3 Z 0 0—0 0 22— 0 0—022 D m 00 m ujm m fTI III rTI m I I a Bp130' 3 '" Issa) sk sf fr LICE I io ' 0 SO ha, O 3jl00&2 ZZ mHn0Z7(32I0Qo za 0 -ICGQN 2n m0 0 I m 0 ZI m o Q -I m Gf( C jj -IZ&Zmzm2CI2nmn m m20200pa Z 0 N m nm 30 Q N 0 0220Gj I m &m2200 2 2 2 2 m m00 N M 0 0 02 02&m zmZ&Z0~0 0 22 2-Co HoozZIZImz0 2 m20 ZH mam000 C &23'0 0080jj-I p cj 02Z mm 8pZ00 m m m jl -I202 N Zm&m menZam 0CHQ m 0 CHNZZ N IN ~8 Is2&mmQH Gl M2H700 &&0+8 2&mzpnmmqa r m20 Al mm Gl Z Z 2remm2220nn m m m N A N000CCC o o 0 0 0 I N M Z Z Z0nmmm0o a m m mmmm Z 0 m m220n m m0Z00C Z 2 I R 0 lj2 0 0 G 0 0 m m00I mmm NmZmCI2202m0NGj C 3 ZZ ZpIm N 2022 0 M 8&0080ZZ02H2pm m 0 0 Zm0 N Cl 0 no0CC 2ZOO —mZ0& ymg ox2o &20 Mc Hnoo00 Z 0 Zel3NGj~Omz 33 3 m rc0—&Z20:OO Wp0IZ M 0 3 m TI 3 nm oKI0 m N080 Z E0000z ZZZGl 0 mz m2 m0 o 2PZ MZ -I ID 00 z m q Cl0& ZH'0 PARCEL I TESIPORARY EASEMENT MARK A ANO LISA E JOHNSON INAOKEE,lowA Book 2816 Page 5689 5 of 5