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Home My WebLink About2017-10-02-J01S Windfield-High School Trail Phase 1_Purchase Agr, Easements_McMann► o Waukee ' f ■I r THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 2, 2017 AGENDA ITEM: Consideration of approval of an Offer to Purchase, Public Access and Recreational Trail Easement, and Temporary Construction Easement related to the Windfield/High School Trail Phase 1 Project [Randy and Deborah McMann] FORMAT: Consent SYNOPSIS INCLUDING PRO & CON: These items are necessary to complete the Windfield/High School Trail Phase 1 project. FISCAL IMPACT INCLUDING COSTIBENEFIT ANALYSIS: $4,300.00 COMMISSION/BOARDICOMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Offer to Purchase I1. Public Access and Recreational Trail Easement Ill. Temporary Construction Easement PREPARED BY: Beth Richardson/Rudy Koester REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING OFFER TO PURCHASE, PUBLIC ACCESS AND RECREATIONAL TRAIL EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT RELATED TO THE WINDFIELD/HIGH SCHOOL TRAIL PHASE 1 PROJECT [RANDY AND DEBORAH MCMANN] 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, it has been determined that the purchase of certain property is necessary for the purpose of construction of the Windfield/High School Trail Phase 1 Project (the "Project'); AND, WHEREAS, it has also been determined that a Public Access and Recreational Trail Easement and Temporary Construction Easement are necessary for the purpose of constriction of the Project; AND, WHEREAS, said property for purchase and easements shall be located on a portion of the property owned by Randy and Deborah McMann, and legally described as referenced in Exhibit A, which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 2Id day of October, 2017, that it hereby approves the Offer to Purchase, Public Access and Recreational Trail Easement, and Temporary Constriction Easement related to the Windfield/High School Trail Phase 1 Project, with payment made by the City to property owner(s) Randy and Deborah McMann. Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon William F. Peard, Mayor AYE NAY ABSENT ABSTAIN CITY OF WAUKEE, IOWA OFFER TO PURCHASE To Seller: RANDY & DEBORAH McMANN (Parcel # 1) 1. Property Description. City of Waukee, Iowa, intends to acquire the real property owned by you situated in City of Waukee, Iowa, and legally described on the attached Exhibit(s), and is, by this reference, made a part hereof. 2. Price. City of Waukee agrees to pay $230/SF, in cash, calculated as follows, and other good and valuable consideration: TYPE ANIHI NT PRICF. '10'FAL Temporary Lawment 1,334 SF S0,2RSF S 306.82 Permanent Losement 1,71S Sl- 52.30/SF 53,990.50 'TOTAL S4 297.3'_ TOTAL (Y)1\ PENSA'f1ON S4,300.00 3. Purpose of the Acquisition. Right-of-way and/or casements are being acquired for the purpose of grading and paving roadway/sidewalk. 4. Real Estate Taxes. The acquisition shall not affect the liability of the Sellers for payment of real estate taxes when due. 5. Special Assessments. This acquisition shall not relieve the Seller of Seller's liability for payment of any special assessments against the real estate. 6. Possession. Possession shall be upon receipt of fiords. 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 City of Waukee, Iowa. 8. Conveyance. Upon payment of the purchase price, Sellers shall convey the real estate to City of Waukee, Iowa, in accordance with the form 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. 1 I . 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 pleases shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender, according to the context. 14. Approval By the City. This easement shall not be binding until it has received the final approval and acceptance by the City. THIS OFFER IS ACCEPTED on this S- day of 2017. By: ZEBORA ANN By:cMANN Dated at , Iowa, this _ day of 2017. FOR CITY OF WAUKEE, IOWA By: By: EXHIBIT CZ WINDFIELD/HIGH SCHOOL TRAIL -PHASE I �I iNCHT-CF-WAY FENCE DHIBff cp ISNYDER & ASSOCIATES, INC. PUBLIC ACCESS AND RECREATIONAL TRAIL EASEMENT Recorder's Cover Sheet Preparer Information: City of Waukee, Iowa Steven P Brick, City Attorney Brick Gentry P.C. 6701 Westown, Parkway, Suite 100 West Des Moines, IA 50266 Phone: 515-274-1450 Return Document To: City of Waukee, Iowa Rebecca Schuett, Deputy City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: Randy McNlan❑ S: Deborah McMann Grantee: City of Waukee, Iowa PUBLIC ACCESS AND RECREATIONAL TRAIL EASEMENT KNOW TO ALL PERSONS BY THESE PRESENTS, that the undersigned, Randy McMann and Deborah McMann, (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 for public access and trail right-of-way (hereinafter referred to as the "Easement") and right-of-way upon, over, under, through and across the real property legally described as: SEE "EASEMENT EXHIBIT" ATTACHED HERETO (hereinafter referred to as the "Easement Area") for the purpose of access and trail purposes on the surface of the Easement Area in a manner that will permit its frcc and unobstructed use by pedestrians and non -motorized vehicles for the purpose of obtaining access from one property to another and to allow the City the right to access, from time to time, to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair and forever maintain the Easement whenever necessary, in the City's sole discretion. This Easement shall be subject to the following terms and conditions: I. 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 the prior written consent of the City. 2. Maintenance of Easement. The owner or occupant of each parcel of property upon which the Easement Area is located shall keep and preserve that portion of the Easement Area within his or her property in good repair and condition at all times, and shall not plant nor permit to grow any trees or other vegetative growth which might reasonably be expected to obstruct or impair usage of the Easement as a trail.3. 3. Fencing. The City, at its expense, will construct alld maintain a four foot black chain-liak fence within the proposed permanent easement area that will run approximately the entire length of the Grantors property linc along the trail. It is the Grantors responsibility to maintain the area between the fence and the trail. 4. 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. -'- 5. Right of Access. The City and the public shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and egjoyment 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. 6. Property To Be Restored. Upon completion of any construction, reconstruction, repair, enlargement or maintenance of any improvements in the Easement Area, the City shall restore the Easement Area in a good and workmanlike manner to a condition comparable to its condition before construction, reconstruction or alteration, including the sodding of the grassy areas disturbed by the work and removal of all debris and equipment used by the City in connection with the work performed in the Easement Area. The City is not responsible for replacing any other thing including, but not limited to, vegetation, trees, shrubs, watering devices or any other planted, buried or other thing of any kind whatsoever erected, placed, installed or planted upon the Easement Area, 7. Hold Harmless. The Grantor aLrees to indemnify and hold harmless the City, its elected officials, employees, officers, agents, representatives, contractors, and attorneys from and against any and all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind for actions or omissions of the Grantor arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. S. Running of Benefits and Burdens. The terms and conditions ofthis Easement are binding upon the Grantor including, but not limited to, future owners, developers, lessees or occupants. All provisions of this instrument including benefits and burdens, run with the land are binding upon and inure to the heirs assigns, successors, tenants and personal representatives of the parties hereto. 9. Jurisdiction and Venue. The City and the Grantor agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms turd conditions of this Easement and said parties consent to thejurisdiction of the person being in Dallas County, Iowa. 10. Words and Pleases. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. 11. Atto ney's Fees. The City may enforce this instrument 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; and (iii) said Grantor covenants to WARRANT AND DEFEND the said Easemont Area against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower.. homestead and distributive share, if any, in and to the interests conveyed by this Easement. 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 2017. NAME OF GRANTOR Randy McManxi Deborah McMa m STATE OF .J7J'tCGi4/"1G, ) ) SS CITY OF WAUKEE William F. Peard, Mayor Attest: Rebecca D. Schnell, City Clerk COUNTY OFElytja✓N ) On this 01 day of �er'Y4CvKtcr 2017, before me, the undersigned, a Notary Public in and for said County and the State of personally appeared Randy McMann and Deborah McMann, to me personally known, who being by me duly sworn, did say that they are the Mayor and Interim City Administrator/Clerk of the City of Waukee, Iowa, a municipal corporation, executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee, by it and by them voluntarily executed. Nota y Public MARTIN WILSON Seal Notary Public • Stale of Indiana Elaharl County My COMMISSlon Expires Mar 15. 201 a WE / REIURN TO; ER ASSOCIATES, VIC. SNIDER BOULEVARD IOWA 5OD23 ER 6 ASSOCIATES, INC. CATED: 75 WINDFIELD IIPLAI 5 8) LP WAU<EE EASEMENT EXHBIT TRAIL EASEMENT DESCRIPTION A PART OF LOT 75, Wl(' DFIELD II PLAT 5, AN OFFICIAL PLAT NOW INCLUDED IN AND (FORMING, A PART OF THE CITY OF WAUKEE., DALLAS COUNT Y, IOWA AND DESCRIBED AS FOLLOWS! COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 75; THENCE NORTH 62"50'09" WEST ALONG THE SOUTH LINE-_ OF SAID LOT 75, A DISTANCE OF $8, 37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 62150'09" WEST ALONf_. SAID SOUTH LINE, 23.50 FEET; THENCE NORTH 27"09'51'' EAST, 45.75 FEET: THENCE NORTH 24"13'59" EAST, 26.60 FEET: THENCE NORTH 07"07'50" EAST, 26.75 FEET: THENCE NORTH D0"27'10" EAST, 69.92 FEET TO THE NORTH LINE OF SAID LOT 75; THENCE EASTERL'/ ALONG SAID NORTH LINE AND ALONG A CURVE CONCAVE NORTHEASTERLY WHOSE RADIUS U 189.99 FEET, WHOSE ARC LENGTH IS 3.00 FEET AND WHOSE CHORD BEARS SOUTH 89"42'53" EAST, 3.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 75; THEI'ICE SOUTH 00"27'10" WEST ALONG THE EAST LINE OF SAID LOT 75, A DISTANCE OF 139.66 FEET: THENCE SOUTH 27'09'51" WEST. 36.51 FEET TO THE POIPIT OF BEGINNING AND CONTAINING 0.04 ACRES (1,735 S.F.). LEGEND DATE OF SURVEY_ SURVEY FOUND SET DUNE 6, 2017 S; I --h -r.V ILF ♦ a F C+1': I'Al IA 1.,Ot[, V I!,[ RANDY McMANN I. "I lEI ceT14i L DEBORAH MCMANN %ifk JFLU K ,P1: i DISI AIWL ti FLcr•F°"' `''- r. BASIS OF BEARING '-1' 11'.ArH I`I 1."I,.I THE SOUTH LINE OF LOT ElITit 1:1 _-__.__.-._._ 74 & 75 WAS USED AS nll IIo:.. ud ..__. _ _ THE BASIS OF BEARING. EAi@LI,I I'j WINFIELDIHIGH SCHOOL TRAIL - PHASE I LOT 75 OF WINDFIELD 11 PLAT 5 SNYDER 9 ASSO C I AT FS 2727 S.W. SNYDER BLVD. ANKENY, IA 5OC29 (515) 96J.2020 ET 1 OF 2 1170519 8K. xx P6 xx E: 0712,907 Kll: NEVIWAF EASEMENT EXHBIT N SE BOBWHITE LANE cI L0T 73 �_ �r,.n .I� In..n• t ,ar.l , I LOT 74 TA PLPT 5 —NE CORNER LOT 75 0 LOT 75 l o LOTS �i N07'07'50"E 26.75' 1�� uPLAT 4 0" N24*13'59"E 26,60' / W1LLOw R N27°09'51"E 45.75' LOT 7 ,�—sw CORNER LOT 7a i / / 527°09'51"W 36.51' N62°50'09"W 23.50" - POINT OF BEGINNING y �N62°50'09"W 18.37 y ' ` BE CORNER LOT 75 4 Gl P.nk.l 1 511 '-C 11N/ONp 4clnc R9/4RO1Q CURVE TABLE CURVE NO. DELTA RADIUS .ARC LENGfH TANGCNT CHORD BEARING/DISTANCE WINFIELD/HIGH SCHOOL TRAIL - PHASE I SHEET 2 OF 2 LOT 75 OF WINDFIELD II PLAT 5 PH : IBp519 FLD 9%. %% pG:%% SNYDER 2727 S W. SNYDER BLVD. GATE: U],25i+1 &ASSOCIATES ANKENY. IA 50023(515) 964-2020 plAO ECH MECIHAAF TEMPORARY CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer Information: City of Waukee, Iowa Steven P Brick, City Attorney Brick Gentry P.C. 6701 Westown Parkway, Suite 100 West Des Moines, IA 50266 Phone: 515-274-1450 Return Document To: City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: RANDY McMANN & DEBORAH McMANN Grantee: City of Waukee, Iowa TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s). The undersigned, RANDY McMANN & DEBORAH McMANN, (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" 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 following public improvements: This temporary construction easement shall terminate and be of no force and effect one (1) year after the (late 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 oil 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 casement 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 Grantee will indemnify and hold harmless Grantor from any and all damages, injuries, or losses arising out of Grantee's use of the easement or the work done in connection therewith. 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. Signed thisZ-0 day of 12 �1L::)?-'— , 2017. GRANTOR RANDY MCMANN STATE OF ) SS COUNTY OF CITY OF WAUKE William F. Peard, Mayor Attest: Rebecca D. Schuctt, City Clcrk On this r_ day of dY)/ 2017, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared Randy McMann and Deborah McMarui, to me personally known, who being by me duty sworn, did say that they are the Mayor and City Clerk of the City of Waukee, Iowa, a municipal corporation, executing the within and foregoing instrument mid acknowledged that they executed the same as their voluntary act and deed of tlme City of Waukee, by it and by them voluntarily executed. ADAM M. BUJALSIU Notary public • Seal ollndlIns Edrhart County My Commission Who Jun 18. 2023 -I- EXHIBIT A LEGAL DESCRIPTION THE TEMPORARY EASEMENT GRANTED FOR CONSTRUCTION EASEMENT IS TO LAND DESCRIBED AS FOLLOWS: A PART OF LOT 75, WINDFIELD II PLAT 5, AN OFFICIAL PLAT NOW INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY. IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 75; THENCE NORTH 62050'09" WEST ALONG THE SOUTH LINE OF SAID LOT 75, A DISTANCE OF 41.87 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 620 50' 09" WEST ALONG SAID SOUTH LINE, 10.00 FEET; THENCE NORTH 270 09' 51" EAST, 45.75 FEET; THENCE SOUTH 61' 22' 13" EAST, 5.00 FEET; THENCE NORTH 24' 13' 59" EAST, 25.72 FEET; THENCE NORTH 070 07' 50" EAST, 25.70 FEET; THENCE NORTH 00' 27' 10" EAST, 69.72 FEET TO THE NORTH LINE OF SAID LOT 75; THENCE EASTERLY ALONG SAID NORTH LINE AND ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 189.99 FEET, WHOSE ARC LENGTH IS 5.00 FEET AND WHOSE CHORD BEARS SOUTH 880 30' 29" EAST, 5.00 FEET; THENCE SOUTH 00' 27' 10" WEST, 69.92 FEET; THENCE SOUTH 07' 07' 50" WEST, 26.75 FEET; THENCE SOUTH 24' 13' 59" WEST, 26.60 FEET; THENCE SOUTH 27' 09' 51" WEST, 45.75 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.02 ACRES (1,068 S.F.), AND COMMENCING AT THE. SOUTHEAST CORNER OF SAID LOT 75; THENCE NORTH 62050'09" WEST ALONG THE SOUTH LINE OF SAID LOT 75, A DISTANCE OF 8.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 620 50' 09" WEST ALONG SAID SOUTH LINE, 10.00 FELT; THENCE NORTH 270 09' 51" EAST, 36.51 FEET TO THE EAST LINE OF SAID LOT 75; THENCE SOUTH 00' 27' 10" WEST ALONG SAID EAST LINE, 22.25 FEET; THENCE SOUTH 270 09' 51" WEST, 16.63 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRES (266 S.F.). NOTE: THE SOUTH LINE OF SAID LOT 75 IS ASSUMED TO BEAR NORTH 62050'09" WEST. a-