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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