HomeMy WebLinkAbout2021-06-21-I01P Ute Ave-Ashworth Rd Intersection_PA, WD and Easements_PiersonAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: June 21, 2021
AGENDA ITEM:Consideration of approval of a resolution approving Purchase Agreement,
Warranty Deed and Temporary Construction Easement between Kimberly A.
and Damon Pierson and the City of Waukee [Ute Avenue and Ashworth Road
Intersection Improvement Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the Purchase Agreement, Warranty Deed, and
Temporary Construction Easement are necessary to complete Ute Avenue and
Ashworth Road Intersection Improvement Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
Purchase Agreement $ 5,875.00
Temp Construction Easement $ 1.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Purchase Agreement
II. Temporary Construction Easement
III. Warranty Deed
PREPARED BY: Beth Richardson
REVIEWED BY: Sara Kappos SKK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1P
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING PURCHASE AGREEMENT, WARRANTY DEED AND EASEMENTS
BETWEEN KIMBERLY A. AND DAMON PIERSON AND THE CITY OF WAUKEE UTE
AVENUE AND ASHWORTH ROAD INTERSECTION IMPROVEMENT PROJECT]
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 specific property owners regarding the conveyance of
certain property interests necessary for construction of the Ute Avenue and Ashworth Road Intersection
Improvement Project; AND
WHEREAS, the discussions have resulted in agreements and easements that the City Staff believes are in
the best interest of the City to approve.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the
Purchase Agreement, Warranty Deed and Easements between Kimberley A. and Damon Pierson and City
of Waukee [Ute Avenue and Ashworth Road Intersection Improvement Project] 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 of the
Purchase Agreement, Warranty Deed and Easements 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 21st day of June,
2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
CITY OF WAUKEE, IOW A
OFFER TO PURCHASE RIGHT-OF -WAY AND/OR EASEMENTS
To Seller:KIMBERLY A. AND DAMON PIERSON
32047 UTE AVE, WAUKEE, IA 50263
1. Property Description. The City of Waukee, Iowa, intends to acquire the right-of-way
owned by you situated in Waukee, Iowa, and legally described on the attached Exhibit(s),
and is, 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:
TYPE ACR_ES PRICE oA TOTAL
Fee Interest 0.04 $65,000.00 100%$2,600.00
Temporary Construction Easement 0.08 $65,000.00 i so,"s $520.00
Landscaping $1,255.00
Severance Damages $1,500.00
TOTAL $5,875.00
3. Purpose of the Acquisition. Right-of-way is being acquired for tl'ie purpose of roadway
grading and street right-of-way for the City of Waukee and associated infrastructure and
utilities, known as the UTE AVENUE & ASHWORTH ROAD INTERSECTION
PROJECT.
4. Real Estate Taxes. The acquisition of right-of-way shall not affect the liability of the
Sellers for payi'nent 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. Possession shall be upon receipt of funds.
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 payinent of the purchase price, Sellers shall convey the right-of-way
to the City of Waukee, Iowa, in accordance with the form(s) provided by the city.
9. 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.
10. Time is of the Essence. Time is of the essence in this contract.
11. 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.
12. 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:
13. Construction. Words and pmases shall be constnued as in the singular or plural number,
and as masculine, feminine, or neuter gender, according to the context.
14. 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 15th day of June, 2021.
FOR THE CITY OF E. IOWA
Brian DePrez x
Snyder & Associates
4
THISOFFERISACCEPTEDonthis (S dayof v'de , 2021.
KIMBERLY A. AND DAMON PIERSON
By:%
Approved by the City Council of the City of Waukee on the
, 2021, by Resolution No.
day of
BY:
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk
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LEGEND
[III =PROPOSEDPERMANENTAQUISITION - e - =PROPERTYLINE
lI = PROPOSED UTILITY EASEMENT - p-- - = EXISTING ROW LINE
= PROPOSED TEMPORARY EASEMENT - It/l - = PROPOSED ROW LINE
=PROPOSEDPAVEMENT --- =PROPOSEDEASEMENTLINE
€ =PROPOSEDSIDEWALK -a- =CONSTRUCTIONLINE
PROJECT NAME: UTE AVENUE AND ASHWORTH ROAD INTERSECTION IMPROVEMENTS
PARCEL 5 - PIERSON, KIMBERLY A & DAMON
SCALE:
1 "=40'
DATE:
March 25, 2021
6SNYDER
SHEET REFERENCE:
AQUISITION EXHIBIT PROJECT #:
120.0783
INDEX LEGEND
SURVEYOR'S NAME / RETURN TO
ERIC J MILLER
SNYDER & ASSOCIATES. INC
2727 SW SNYDER BOULEVARD
ANKENY, 10WA 50023
515-964-2020
ERICMILLER@SNYDER-ASSOCIATES COM
SERVICE PROVIDED BY
SNYDER & ASSOCIATES. INC
SURVEY LOCATED
PT OF LOT T
JACOBSEN ACRES
REOUESTED BY
CITY OF WAUKEE
ACQUISITION PLAT
ACQUISITION DESCRIPTION
A PART OF LOT l JACOBSEN ACRES, AN OFFICIAL PLAT IN THE CITY OF WAUKEE,
DALLAS COUNTY, 10WA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1. THENCE SOUTH 54"57'35"
EAST ALONG THE EAST LINE OF SAID LOT l A DISTANCE OF 144 27 FEET TO THE
EASTERLY CORNER OF SAID LOT 1: THENCE SOUTH 01ol2'l3" WEST CONTINUINC; ALONG
SAID EAST LINE, 66.78 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1. THENCE
SOUTH 83"09'30" WEST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF
192 62 FEET; THENCE NORTH 28"23'47" WEST, 174 71 FEET TO THE NORTH LINE OF
SAID LOT 1. THENCE NORTH 83"10'39" EAST ALONG SAID NORTH LINE, 158 74 FEET
TO THE POINT OF BEGINNING AND CONTAINING 0 75 ACRES (32,541 S.F ) AND
INCLUDING O.71 ACRES (30,772 S F ) OF EXISTING ROADWAY EASEMENT.
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD
DATE OF SURVEY
AUGUST 31, 2020
_OWNER
KIMBERLY A. PIERSON tri DAMON PIERSON
32047 UTE AVE
WAUKEE, IA 50263
BASIS OF BEARING
THE NORTH LINE OF SAID LOT 1 IS ASSUMED TO BEAR NORTH 83ol0'39" EAST
FOR THE PURPOSES OF THIS SURVEY
LE(,END
S_ Set
Seciion Corner A a
1 2" Febtit, S ellow Cap "19515 @ 0
iUnless Otherwise Iloiedi
POW PC)11 %l.-=-
I hereby certify that this land surveying document
was prepared and the related survey work was
perToimed by me OT under my dltect personal
supervision and thatI am a duly licensed
Professional Land Surveyor under the laws oT the
State of lowa
Plttted Distance F
MPeeCoOsu,dreedd BAe%inq A Distance MF
Deed Distance [)
Colculoied Distance C
C e n ie t li n e - - - - - - - - - - - - -
Section Line - - -
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lax
i IOWA
ET:C J Miller. PLS Date
License Number 19515
My License Renewal Date is December 31. 2022
Pages OT sheets covered by this seal
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FN. 1200783
PARCEL 5 Fl n RK1314 PG: 1-30
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DATE 01/19/21
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PARCEL 5 Fl n RK.1314 PG. 1-30
65 N Y D E R 2727 S.W. SNYDER BLVD.& A S S O C I AT E S ANKENY, IA 50023 (515) 964-2020
DATE 01/19/21
PMnECH EJM/SDB
Prepared by and return to: Steven P. Brick, 6701 Westown Parkway, Ste 100, West Des Moines, IA 50266 (515) 274-1450
Address Tax Statement To: City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 978-7900
Warranty Deed
For the consideration of one dollar () and other valuable consideration, in hand paid by City of Waukee,
the receipt of which is hereby acknowledged, Damon Pierson and Kimberly A. Pierson, husband and
wife, Grantors, do hereby convey unto the City of Waukee, Grantee, the following described real estate in
Dallas County, Iowa:
See Attached Acquisition Plat.
Grantors do hereby covenant with Grantee, and successors in interest, than Grantors holdthe real estate by title
in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate
is free and clear of all liens and encumbrances except as may be above stated; and Grantors covenant to
warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Each
of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real
estate.
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.
y: 7 /Z
,2021.
By:
A. Pierso
STATE OF IOWA, COUNTY OF DAI,LAS:
-k
On 'rse f!G - , 2021, before me, the undersigned, a Notary Public in and for the
Iowa, personally appeared Damon Pierson and Kimberly A. Pi usband and wife.
NOT ARY PUBLIC II'KANDSFOR SAID ST ATE
State of
INDEX LEGEND
SURVEYOR'S NAME / RETURN TO:
ERIC J. MILLER
SNYDER & ASSOCIATES, INC.
2727 SW SNYDER BOULEVARD
ANKENY, 10WA 50023
515-964 - 2020
ERICMILLERt_SNYDER- ASSOCIATES.COM
SERVICE PROVIDED BY:
SNYDER & ASSOCIATES, INC.
SURVEY LOCATED:
PT OF LOT 1
JACOBSEN ACRES
REQUESTED BY=
CITY OF WAUKEE
ACQUISITION PLAT
ACQUISITION DESCRIPTION
A PART OF LOT 1, JACOBSEN ACRES, AN OFFICIAL PLAT IN THE CITY OF WAUKEE,
DALLAS COUNTY, 10WA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 54-o57'35"
EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 344.27 FEET TO THE
EASTERLY CORNER OF SAID LOT 1; THENCE SOUTH 01o12'13" WEST CONTINUING ALONG
SAID EAST LINE, 66.78 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE
SOUTH 83o09'30" WEST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF
192.62 FEET; THENCE NORTH 28o23'47" WEST, 374.71 FEET TO THE NORTH LINE OF
SAID LOT 1; THENCE NORTH 83o10'39" EAST ALONG SAID NORTH LINE, 158.74 FEET
TO THE POINT OF BEGINNING AND CONTAINING O.75 ACRES (32,541 S.F.) AND
INCLUDING O.71 ACRES (30,772 S.F.) OF EXISTING ROADWAY EASEMENT.
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
DATE OF SURVEY
AUGUST 31, 2020
OWNER
KIMBERLY A. PIERSON & DAMON PIERSON
32047 UTE AVE
WAUKEE, IA 50263
BASIS OF BEARING
THE NORTH LINE OF SAID LOT 1 IS ASSUMED TO BEAR NORTH 83o10'39" EAST
FOR THE PURPOSES OF THIS SURVEY.
LEGEND
Found __Set
Section Corner k L
V2" Rebar, Yellow Cap ttl9515 @ 0
(Unless Otherwise Noted)
ROW Rnil %
r rs I r i i I rs + 0 A 9 ri in l Q nQ@_,,Y6SSiONALz4,,jP,p
j9 (-,
I hereby certify that this land surveying document
was prepared and the related survey work was
performed by me or under my direct personal
supervision and that I am a duly licensed
, Professional Land Surveyor under the laws of the
!S-ba'eyof"To a'Aw 06-03-2021
Plotted Distance P
Measured Bearing & Distance M
Recorded As R
Deed Distance D
Calculated Distance (,
Centerline _ _ _ _ _ _ _
Section Line - - -
lfl'-=,
g("')ffl
19515
" IOWA "
Eric J. Miller, PLS Date
LicenseNumber 19515
My License Renewal Date is December 31, 2022
Pages or sheets covered by this seal:
Sheets 1 and 2 of 2
V4 Section Line ' - - -W-I
1/4 V4 Section Line - - - - -I
A ._ . . . :. ; + ;.. I i. ..
f-l L 1.1 u IS)l l I U I I L I I I C:
UTE AVENUE AND ASHWORTH ROAD INTERSECTION IMPROVEMENTS SHEET 1 0F 2
PN. 1200783
PARCEL 5 F1.D BK1314 PG: 1-30
SS N Y D E R 2727S.W.SNYDERBLVD.& A S S O C I AT E S ANKENY, IA 50023 (515) 964-2020
DATE: 01/19/21
PM/TECH: EJM/SDB
ACQUISITION PLAT
NE Corner
NW1/4 NW1/4 N
Sec. 8-76-26 S
NW Corner Lot 2
r-NE Corner Lot 2Jocobsen Acres i
i Jacobsen Acres
ASHWORTH ROAD Point of Beginning
5o' ROOJd0wCOOybSEeOnSeAmCreenS1 NE Corner Lot 1 -,Found 1/2" Rebor o" 3 @
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PN. 1200783
PARCEL 5 Fl r) FIK:1314 PG: 1-30
65 N '%' 0 E R 2727 S.W. SNYDER BLVD.g, A S S O C I AT E S ANKENY, 14 50023 (515) 964-2020
DATE: 01/19/21
PM/TECH: EJM/SDB
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V l%oleilil2020%120 0783 6/3/283r
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1.Grant of Easement(s).
The undersigned, Kimberly A Pierson and Damon Pierson, a married couple,
(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 "A" ATT ACHED HERETO
SEE EXHIBIT "ACQUISITION EXHIBIT" ATT ACHED 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 following public improvements:
Roadway grading & sloping / Ute Avenue & Ashworth Road Intersection Proiect
This temporary construction easement shall ten'ninate and be of no force and
effect two (2) years after the date of final completion and acceptance of said completed
improvements by the City.
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
ground improvements which shall remain in place as part of the improvement. 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, 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; and
that said Grantor covenants to WARRANT AND DEFEND the said premises against the
lawful claims of all persons whomsoever, except as may be herein stated.
1
Signed this day of , 2021.
'07/,
amon Pierson
CITY OF WAUKEE
Courtney Clarke, Mayor
Attest:
Rebecca D. Shuett, City Clerk
ST ATE OF IOWA
COUNTY OF DALLAS
On this (3' day of :!'u-xse,. 2021, before me, the undersigned,
a Notary Public in and for said County and the State of Iowa, personally appeared
BRUCE OWEN and GINA OWEN, and that said person( ac wledged the execution
of the foregoing instrument to be his/her voluntary act and d
Notary Public iWr the State of' s'Ps BRIAR Dlu
# IComm Numtm 7) €424'4 My Comm Expmi
September 1, 2023
Iowa
-2-
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
instniment 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
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL 5 - TEMPORARY CONSTRUCTION EASEMENT
A PART OF LOT 1 , JACOBSEN ACRES, AN OFFICIAL PLAT IN THE CITY OF
WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 1:
THENCE SOUTH 83ol O'39" WEST ALONG THE NORTH LINE OF SAID LOT 1 ,
A DISTANCE OF 158.74 FEET TO THE POINT OF BEGINNING: THENCE
SOUTH 28o23'47" EAST, 17 4.71 FEET TO THE SOUTH LINE OF SAID LOT 1 ;
THENCE SOUTH 83o09'30" WEST ALONG SAID SOUTH LINE, 10.75 FEET:
THENCE NORTH 28o 23' 47" WEST, 36.90 FEET: THENCE NORTH 89o 08' 51"
WEST, 28.65 FEET; THENCE NORTH 09o 57' 41" WEST, 47.43 FEET;
THENCE NORTH 28o 23' 47" WEST, 82.77 FEET TO SAID NORTH LINE:
THENCE NORTH 83o 10' 39" EAST ALONG SAID NORTH LINE, 21.51 FEET
TO THE POINT OF BEGINNING AND CONTAINING O.08 ACRES (3,518 S.F.).
NOTE: THE NORTH LINE OF SAID LOT 1 IS ASSUMED TO BEAR SOUTH
83ol O'39" WEST FOR THE PURPOSES OF THIS SURVEY.
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
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