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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