HomeMy WebLinkAbout2021-03-08-D02 Purchase Agr, Easements_SE Ashworth Rd Corridor Imp_HolthausAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 8, 2021
AGENDA ITEM:Consideration of approval of a resolution approving Purchase Agreement and
Easements [Benjamin P. Holthaus and Wanda Lyons Holthaus]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the Purchase Agreement and Easements are
necessary to complete the SE Ashworth Road Corridor Improvements
Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $25,000.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Purchase Agreement
III. Public Sanitary Sewer and Storm Sewer Easement
IV. Temporary Construction Easement
PREPARED BY: Becky Schuett
REVIEWED BY: Rudy Koester
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
D2
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING A PURCHASE AGREEMENT AND EASEMENTS BETWEEN
BENJAMIN P. HOLTHAUS AND WANDA LYONS HOLTHAUS AND 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 has been in discussion with Benjamin P. Holthaus and Wanda Lyons Holthaus
regarding the conveyance of certain property interests necessary for the SE Ashworth Road Corridor
Improvements Project in Waukee; AND
WHEREAS, the discussions have resulted in an offer to purchase easements, and the City believes
it is in the best interest to approve said offer to purchase easements.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that
the purchase agreement and easements between Benjamin P. Holthaus and Wanda Lyons Holthaus
and the City of Waukee are 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, and that the City Clerk shall cause the originals to
be recorded upon the properties by submitting the original to the Dallas County Recorder with
the appropriate recording fees.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 8th day of
March, 2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
CITY OF WAUKEE, IOWA
OFFER TO PURCHASE RIGHT-OF-WAY AND/OR EASEMENTS
To Sellers: Benjamin P. Holthaus and Wanda Lyons Holthaus
3255 Ashworth Road, Waukee, IA 50263
1. Property Description. The City of Waukee, Iowa, intends to acquire the Permanent and
Temporary Easement(s) on Property owned by you situated in Waukee, Iowa, and legally
described on the attached Exhibit(s), and are, 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:
Permanent Easement 4,200 Sq. Ft. x $7.00 per sq foot = $11,800.00
Temporary Easement 538 Sq. Ft. x $7.00 per Sq. Ft. x
2 Years = $600.00
Landscaping/Cost to cure/tree/shrub loss/
retaining wall loss/grade adjustments = $12,600.00
For a total sum of $25,000.00
3. Purpose of the Acquisition. The Permanent and Temporary Easements are being acquired
for the purpose of Ashworth Road Reconstruction Project and associated improvements
being undertaken as part of that project (Project).
Release-Landscaping/tree/shrub loss. In accordance with the plans and specs for the
project, he Project will result in landscaping, tree, shrub loss/retaining wall loss and grade
adjustments in the easement areas being acquired. Seller will be responsible, if they
desire, to replace, to the extent authorized pursuant to the easements, any landscaping,
trees and shrubs lost and are being compensated accordingly. Sellers release the city from
any further liability that may arise by virtue of loss and cost to cure within the easement
areas being acquired herein.
4. Real Estate Taxes. The acquisition of the Permanent Easement 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 and Closing. Closing shall occur as soon as possible after approval and
execution of this agreement by both parties, but in no event later than March 9, 2021.
Possession by the City shall occur upon receipt of funds by Sellers.
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 provide the executed
Permanent and Temporary Easement(s) to the City of Waukee, Iowa, in accordance with
the form(s) provided and approved by the City.
9. Sellers Representations and Warranties. Sellers represent and warrant that they are the
sole owners of the Property and that they own the property free and clear of any liens or
encumbrances.
10. Joinder by Seller’s Spouse. Seller’s spouse, if applicable, and if not a titleholder
immediately preceding acceptance of this offer, executes this contract only for the purpose
of relinquishing all rights of dower, homestead and distributive share, or in compliance
with Section 561.13 of the Code of Iowa, and agrees to execute the warranty deed for this
purpose only.
11. Time is of the Essence. Time is of the essence in this contract.
12. 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.
13. Contract Binding on Successors-in-Interest. 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:
________________________________________________________________________
________________________________________________________________________
14. 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.
15. 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 ______ day of ____________________, 2021.
FOR THE CITY OF WAUKEE, IOWA
By: ______________________________
Steven P. Brick, City Attorney
Subject to City Council Approval
THIS OFFER IS ACCEPTED on this __________ day of ______________ , 2021.
Benjamin Holthaus
By: ____________________________
Wanda Lyons Holthaus
By: ____________________________
Approved by the City Council of the City of Waukee on the ____ day of
___________________ , 2021, by Resolution No. 21-________ .
By: _________________________
Courtney Clarke, Mayor
Attest:_________________________
Rebecca D. Schuett, City Clerk
PUBLIC SANITARY SEWER AND STORM SEWER EASEMENT
Recorder's Cover Sheet
Preparer Information: (name, address and phone number)
City of Waukee, Iowa
230 W. Hickman Road
Waukee, Iowa, 50263
Return Document To: (name and complete address)
City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Grantor: Benjamin P. Holthaus and Wanda Lyons Holthaus
Grantee: City of Waukee, Iowa
PUBLIC SANITARY SEWER AND STORM SEWER
EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned,
BENJAMIN P. HOLTHAUS AND WANDA LYONS HOLTHAUS, husband and wife,
(hereinafter referred to as the "Grantor"), in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a
municipal corporation (hereinafter referred to as "the City"), a permanent and perpetual
easement (hereinafter referred to as "Easement") and right-of-way upon, over, under, through
and across the real property legally described as:
SEE EXHIBIT ATTACHED HERETO
(hereinafter referred to as the "Easement Area") for the purpose of locating and maintaining
a storm sewer and sanitary sewer (hereinafter referred to as "Mains") and to permit and allow
the City to enter at any time upon, over, under, through, and across into the Easement Area
herein described to use as much of the surface and sub-surface thereof to construct, replace,
locate, rebuild, enlarge, reconstruct, patrol, repair (including the right to place and/or a build
service connections or lines therein) and to forever maintain the Easement whenever
necessary within the Easement Area.
This Easement shall be subject to the following terms and conditions:
1. Erection of Structures Prohibited. Grantor and its successors and assigns shall not
erect any structure, building, or fence over or within the Easement Area without obtaining
prior written consent of the City.
2. Maintenance. After the initial construction of the Mains, and acceptance by the City,
the City agrees, as part of the reconstruction, maintenance and patrolling of the Mains, to restore
and replace the Easement Area to substantially the same condition as prior to the time of
entry, except the City shall not be required to replace landscaping, trees, shrubs, bushes or
landscape elements unauthorized structures or irrigation systems. and the grade shall be restored
in accordance with plans and specs approved by Grantee in connection with Grantee’s activities
under this easement.
3. Change in Grade Prohibited. Grantor and its successors and assigns shall not change
the grade elevation or contour of any part of the Easement Area without obtaining the prior
written consent of the City.
4. Right of Access. The City shall have the right of access to the Easement Area and
have all rights of ingress and egress reasonably necessary for the use and enjoyment of the
Easement
Area as herein described, including, but not limited to, the right to remove any unauthorized
obstructions or structures placed or erected in the Easement Area.
5. Easement Runs With Land. This Easement shall be deemed to run with the land and
shall be binding on Grantor and on Grantor's heirs, successors and assigns.
6. Jurisdiction and Venue. The City and the Grantor agree the District Court in and for
the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement
of the terms and conditions of this Easement and said parties consent to the jurisdiction of
the person being in Dallas County, Iowa.
7. Attorney's Fees. Both the City and the Grantor may enforce this Easement Agreement
by appropriate action, and should they prevail in such litigation they shall recover as part of
their costs the reasonable attorney's fees incurred in such litigation.
Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real estate
described in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful
authority to convey the same.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this _____ day of _________, 2021.
GRANTOR(S):
______________________________ _______________________________
Benjamin P. Holthaus Wanda Lyons Holthaus
STATE OF IOWA )
) ss
COUNTY OF DALLAS )
On this _____ day of ____________________2021, before me, the undersigned, a
Notary Public in and for said County and the State of Iowa, personally appeared Benjamin P.
Holthaus and Wanda Lyons Holthaus known to me to be the identical persons named in and
who executed the foregoing instrument and acknowledged that they executed the same as their
voluntary act and deed.
__________________________________
Notary Public in and for the State of Iowa
Signed this _____ day of _________, 2021.
CITY OF WAUKEE, IOWA
By:____________________________
Courtney Clarke, Mayor
By:____________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) ss
COUNTY OF DALLAS )
On this _____ day of _________________, 2021, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett,
to me 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 instrument was signed and sealed on
behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed
by the City Council on the _____ day of ______________, 2021, and that Courtney Clarke and
Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the
voluntary act and deed of the City, by it and by them voluntarily executed.
______________________________________________
Notary Public in and for the State of Iowa
TEMPORARY CONSTRUCTION EASEMENT
Recorder's Cover Sheet
Preparer Information: (name, address and phone number)
City of Waukee, Iowa
230 W. Hickman Road
Waukee, Iowa, 50263
Return Document To: (name and complete address)
City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Grantor: Benjamin P. Holthaus and Wanda Lyons Holthaus
Grantee: City of Waukee, Iowa
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, BENJAMIN P. HOLTHAUS AND WANDA LYONS
HOLTHAUS, husband and wife (hereinafter referred to as the "Grantor"), in
consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal
corporation (hereinafter referred to as "the Grantee"), a temporary construction
easement under, through and across the following described real estate:
SEE EXHIBIT ATTACHED HERETO
(hereinafter referred to as the "Easement Area")
That the above-described easement is granted unto the City of Waukee,
Iowa, for the purpose of construction and installation of the SE Ashworth Road
Corridor Improvements:
This temporary construction easement shall terminate and be of no force
and effect two (2) years after commencement of construction on the Grantor's
property or the date of final completion and acceptance of said completed
improvements by the City, whichever is sooner.
The Grantee agrees to restore the Easement Area to a condition after
construction substantially the same as prior to entry by the Grantee, except for
any grading and above landscaping, vegetation and above ground improvements
which shall be restored as provided in accordance with the plans and specs
approved by the City for the Project The surface of the Easement Area will be
seeded or sodded and/or left in its natural state as shown on the proposed plans
for the project.
The Grantor agrees that the improvements proposed herein, and the
reasonable restoration of their property, as set forth in this easement aforesaid
and the compensation paid as provided in the purchase agreement, shall be
full and complete satisfaction and consideration of and for this easement, and
Grantor expresses agreement that no other liability shall attach or be charged or
claimed against the Grantee as a result of or because of the construction of the
improvement intended, or the use of the easement herein granted.
The Grantor does HEREBY COVENANT with the said Grantee, and
successor- in-interest, that said Grantor holds said real estate described in this
Easement Area by title in fee simple; that Grantor has good and lawful
authority to sell and convey the same.
Signed this _____ day of _________, 2021.
GRANTOR(S):
______________________________ _______________________________
Benjamin P. Holthaus Wanda Lyons Holthaus
STATE OF IOWA )
) ss
COUNTY OF DALLAS )
On this _____ day of ____________________2021, before me, the undersigned, a
Notary Public in and for said County and the State of Iowa, personally appeared Benjamin
P. Holthaus and Wanda Lyons Holthaus known to me to be the identical persons named in
and who executed the foregoing instrument and acknowledged that they executed the same
as their voluntary act and deed.
__________________________________
Notary Public in and for the State of Iowa
Signed this _____ day of _________, 2021.
CITY OF WAUKEE, IOWA
By:____________________________
Courtney Clarke, Mayor
By:____________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) ss
COUNTY OF DALLAS )
On this _____ day of _________________, 2021, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me 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 instrument was signed and
sealed on behalf of the City by authority of its City Council, as contained in Resolution No.
______ passed by the City Council on the _____ day of ______________, 2021, and that
Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the
instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed.
_________________________________
Notary Public in and for the State of Iowa