HomeMy WebLinkAbout2017-10-02-J01T Windfield-High School Trail Phase 1_Tenant Consent_Babcock1 0 Waukee
`1■i I 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 a Tenant Consent related to the Windfield/High
School Trail Phase 1 Project [Jody Babcock]
FORMAT: Consent
SYNOPSIS INCLUDING PRO & CON: These items are necessary to complete the Windfield/High
School Trail Phase 1 project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $100.00
COMMISSIONIBOARDICOMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the Tenant Consent Agreement.
ATTACHMENTS: I. Tenant Consent Agreement
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 OF APPROVAL OF A RESOLUTION APPROVING TENANT
CONSENT RELATED TO THE WINDFIELD/HIGH SCHOOL TRAIL PHASE 1
PROJECT [JODY BABCOCK]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, 10WA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, on October 2, 2017, the Waukee City Council approved an Offer to Purchase,
Public Access and Recreational Trail Easement, and Temporary Construction Easement from
property owner(s) Randy and Deborah McMann for the purpose of construction of the
Windfield/High School Trail Phase 1 Project (the "Project') (Resolution #17-XXX); AND,
WHEREAS, Jody Babcock is a tenant on the property of Randy and Deborah McMann; AND,
WHEREAS, it has been determined that a Tenant Consent, attached hereto as Exhibit A, is
necessary for the purpose of construction of the Project.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
2" d day of October, 2017, that it hereby approves the approving Tenant Consent related to the
Windfield/High School Trail Phase 1 Project [Jody Babcock].
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Alma Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R. Lyon
TENANT CONSENT
PARCEL: 1
PROJECT: WAUKEE /HIGH SCHOOL TRAIL — PHASE 1
GRANTOR: JODY BABCOCK
THIS AGREEMENT made and entered this day of 2017, by and between
Grantor, and the = OF W= , Grantee.
1. Grantee agrees to buy and GRANTOR HEREBY CONVEYS to Grantee, Grantor's leasehold
interest in the property, hereinafter referred to as the premises, described as follows:
Described in attached H.1 & Easement Exhibit.
The premises also includes all estates, rights, title and interests and any leasehold, including all
easements.
Grantor is tenant on the property of: RANDY AND DEBORAH MCMANN.
2. GRANTOR MAY surrender possession of the premises prior to the time at which he has hereinafter
agreed to do so, and agrees to give Grantee ten (10) days notice of Grantor's intention to do so by
calling Grantee collect. GRANTOR GRANTS Grantee the immediate right to enter the premises
for the purpose of gathering survey and engineering data.
3. Grantee agrees to pay $100.00. GRANTOR AGREES to surrender physical possession of the
premises on or before SURRENDER OF POSSESSION BY OWNER.
4. Grantor discharges Grantee from liability because of this agreement and the construction of this
public improvement project.
5. Grantee hereby gives notice of Grantor's five-year right to renegotiate construction or maintenance
damages not apparent at the time of the signing of this contract, as required by Section 472.52 of the
Code of Iowa.
6. This written contract constitutes the entire agreement between Grantee and Grantor and there is not
agreement to do or not to do any act or deed except as specifically provided for herein.
7. The contract is subject to the approval of the
�t_bCoCJ<
Print Nam
WITNES
47/1z/261_7
igned Date
�Gtrrtrni2 J76ttc-ele.
Print Name
Signed Date
Print Name
GRANTEE'S APPROVAL:
Date
1 \ ,
lot
s
or
{ ;Z WINDFIELD/HIGH SCHOOL TRAIL - PHASE I _
RIGHT-OF-WAY W"XEe
or.0 n w
-m SNYDER & ASSOCIATES, INC., "° .m -- I.w• sp H1
/ RETURN TO%
TES, INC.
IIPLAI 5
WAUKEE
EASEMENT EXHBIT
TRAIL EASEMENT DESCRIPTION
A PART OF LOT 75, WINGFIELD 11 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
62.50'09" WEST ALON
FEET TO THE POINT
ALONG SAID SOUTH LI
THENCE NORTH 24*13'
26.75 FEET: THENCE i
ACRES (1,735 S.F.).
AXEM s,
SURVEY FOUND SET
SECTION CORNER
♦ a
5/8" IRON RM, YELLOW PLASTIC CAI' •17342
0
I UNLESS OTHERWISE NOTED)
ROW RA,
_
CACULA-EO POINT
VLATTEO CISI'ANCE
P
MEASURED BEARING S DISTANCE
M
RECORDED AS
R
OECD DISTANCE
D
CALCULATEO DISTANCE
C
CENTERLINE
SECTION LINE
-
174 SECTION LINE
- - —
V4 1/4 SECTION LINE
EASEMENT JNE
-
WINFIELDMIGH SCHOOL TRAIL - PHASE I
SNYDER
•ASSOCIATES
T;
0.04
DATE OF SURVEY
JUNE 6, 2017
OWNER
RANDY McMANN
DEBORAH McMANN
BASIS OF BEARING
THE SOUTH LINE OF LOT
74 & 75 WAS USED AS
THE BASIS OF BEARING.
1 OF 2
0
2727 S.W. SNYDER BLVD. JDAM, mncJn
ANKENY. IA S00231515) 9812020 PMV CH.NECMIAF
EASEMENT EXHBIT
LOT 74 /
W`HpFIEL011P�T 5
/ LOT 75
N07°0 '50"E 26.75' -
N24'13'59"E 26.60' -
�N27°09'51 E 45.75;�/}
J�
K�
CORNER LOT
74
ogB24.
R
1
N62°50'09"W 23.50'�///
POINT OF BEGINNING /
\
N62°50'09"W 18.37'
SE CORNER LOT 75
0 50
SCALE (FEET)
SE BOBWHITE LANE
CORNER LOT 75
LOT 6
I PAS 4
�,00ll g�OpK
i
LOT 7
- S27°09'51"W 36.51'
5/6'MON BAR, ORANGE PLASTIC CAP-12265-1
\ 5/8'IRON BAR, ORANGE PLASTIC CAP
U4tN
p40/FCC
R44"04,D
CURVE TABLE
CURVE NO. DELTA RADIUS ARC LENGTH
TANGENT CHORD BEARING/DISTANCE
C1 0°54.17" LT 189.99' 3,00'
1.50' S89°42'53`E / 3.00'
WINFIELD/HIGH SCHOOL TRAIL - PHASE 1
SHE 2 OF 2
LOT 75 OF WINDFIELD II PLAT 5
PH: 11705TB
FN 010 7t% PO;X%
S N Y D E R
27273.W,SNYDERBLVD.
ME: 0712WI7
•ASSOCIATES
ANKEW, A50023(5/5)DM2020
PWTECN: NEGHMF