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HomeMy WebLinkAbout2017-10-02-J01U Windfield-High School Trail Phase 1_Purchase Agr, Easements_Eddy► O Waukee � WT1 7HE 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 [Ronda R. and Bradley Eddy] 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: $4,700.00 COMMISSIONBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. Offer to Purchase II. Public Access and Recreational Trail Easement III. 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 [RONDA R. AND BRADLEY EDDY] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, 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 Windfreld/High School Trail Phase I 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 Ronda R. and Bradley Eddy, 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 2" d day of October, 2017, that it hereby approves the Offer to Purchase, Public Access and Recreational Trail Easement, and Temporary Construction Easement related to the Windfield/High School Trail Phase 1 Project, with payment made by the City to property owner(s) Ronda R. and Bradley Eddy. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon CITY OF WAUKEE, IOWA OFFER TO PURCHASE To Seller: RONDA R. BROWER n/k/a RONDA R. EDDY and BRADLEY EDDY (Parcel # 2) 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 $2.30/SF, in cash, calculated as follows, and other good and valuable consideration: TyI-T AMOUNT PRICI: I I At - Tempo -arFa.ement 866SF so. -,VSF S 199,18 Permanent I.:asrment I,`t-io SP >2.30/SF S-1,475.80 TOTAL $4,674.93 TOTAI, COMPI$NSA`I'ION $4,700.00 3. Purpose of the Acquisition. Righl-of-way and/or easements 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 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 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. 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 [he 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 [his contract for such approval. If this contact 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 phrases 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. 15. Fence Relocation. The City permits the Seller to relocate their existing wood fence westerly approximately 9-ft into the existing Utility Easement. The Seller will be required to fill out a fence permit through our Development Services office at City Hall. The City will work the Development Services to assure this permit will be approved per the layout the Sellers requested. The Seller agrees to work with the City on the exact location of the fence. The permit and recording fees will be their responsibility of the Seller as well as the expense to relocate the wood fence. The Seller understands that it will be their responsibility and expense to remove the fence and replace should any work within the Utility Easement be constructed by the City. THIS OFFER IS ACCEPTED on this _, SI day of _ +� , 2017. DA R. EDDY By: BRADLEY EDDY Dated at , Iowa, this day of 2017. FOR CITY OF WAUKEE, IOWA EXHIBIT F iZ WINDFIELDMIGH SCHOOL TRAIL - PHASE I RIGHTOF-WAY FENCE E%FileR rrFuu<ff„rw'E :A SNYDER 6 ASSOCIATES, INC. ,.�;_„___ M-� ,d• E,. �+ 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: 5 I5-274-1450 Return Document To: City of Waukee, Iowa Rebecca Schuett, Deputy City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: RONDA R. EDDY and BRADLEY EDDY Grantee: City of Waukee, Iowa PUBLIC ACCESS AND RECREATIONAL TRAIL EASEMENT KNOW TO ALL PERSONS BY THESE PRESENTS, that the. undersigned, RONDA R. BRWOWER. n/k/a RONDA R. EDDY and RONDA EDDY, (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 snfficiency 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 wail 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 iefetied 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 flee 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 trod 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 [lie Easement Area within his or her property in good repair raid condition at all times, and shall not phut[ nor pernut 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. Fencing, The City, at its expense, will construct and maintain a four foot black chain -link fence within the proposed permanent easement area that will Lou approximately the entire length of the Grantors property line along the wail. It is the Grantors responsibility to maintain the area between the fence and the trail. a. 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 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. 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 till debris and equipment used by the City in connection with the work performed in the Easement Area. The City is not responsible for replacin any other thing including, but not limited to, vegetation, trees, shrubs, watering devices or any other planted, buried or other thine of any kind whatsoever erected, placed, installed or planted upon the Easement Area. 7. Hold Harmless. The Grantor agrees to indemnify and hold harmless the City, its elected officials, employees, officers, agents, representatives, contactors, 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 of this Easement are binding upon the Grantor including, but not limited to, future owners, developers, lessees or occupants. All provisions of this instrument including henefits 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 and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County, Iowa. 10. Words and Phrases. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. 11. Attorney'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. 3- Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real eslate 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 Easement 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 J� 20l T NAME OF GRANTOR amd'A� ( Ea� Ronda R. Eddy 1 ,6—,c Bradley Eddy STATE OF IOWA ) )SS COUNTY OF DALLAS ) CITY OF WAUKEE William F. Peard, Mayor Attest: Rebecca D. Schueu, City Clerk On this -9 1 day of P" t1SZ" , 20V�7 before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared RONDA R. BRWOWER,_ n/k/a _RONDA R. EDDY and BRADLEY EDDY, 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 ' id by them voluntarily executed. yAAA• , BRIAN DePREZ Notary Public nand fo the State of Iowa FPF Commisslon Number 736424 o i My ommhs^o aplres / RETURN TO ERICMILLEROSNYDER ASSOCIATES, COM SERVCE PROVIDED BY: SNYDER 2 ASSOCIATES. INC SURVEY LOCATED: LOT 8 WILLOW BROOK PLAT 4 REQUESTED BY: CITY OF WAUKEE EASEMENT EXHBIT TRAIL EASEMENT DESCRIPTION: A PART OF LOT 8, WILLOW BROOK PLAT 4 AN OFFICIAL PLAT NOW IIJCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE. DALLAS COUNTY, IOWA AND DESCRIBED AS FOLLOWS; COMMENCING AT SOUTHWEST CORNER OF SAID LOT 8: THENCE NORTH 00"27'10" EAST ALONG THE WEST LINE OF SAID LOT 8,A DISTANC- OF 40.87 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH 00-7'10" EAST ALONG SAID WESI LINE, 139.66 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE NORTH 89"49'59" EAST ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 17.00 FEET: THENCE SOUTH 00127' 10" WEST, 70.12 FEET: (HENCE SOUTH 07°07'50" WEST, 31.40 FEET: THENCE SOUTH 17'20'17' WEST, 11.65 FEET; THENCE SOUTH 27°09'51" WEST, 9.25 FEET TO THE POINT OF BEGINNING. AND CONTAINING 0.04 ACRES (1,946 S.F.). LEGEND DATE OF SURVEY SURVEY FOUND SET JUNE 6, 2017 ♦ o jFI ' ° OWNER RHONDA R. BROWER IFBASIS OF BEARING a- I THE WEST LINE OF LOT 8 WAS USED AS THE BASIS OF BEARING WINFIELD/HIGH SCHOOL TRAIL - PHASE I LOT 8 OF WILLOW BROOK PLAT 4 SNYDER &ASSOCIATES 2727 S.W. SNYDER BLVD. ANKENY, IA El (515) 9E4-2020 EASEMENT EXHBIT N89'4 9'59"E 17,00' j_o-T 73 ��C- 1', 1 1 IL II I f ALEMf I -T 14 NW CORNER LOT 8 II_0 \1401F�e\-v LOT 75 POINT OF BEGINNING Al E II LET. SE BOBWHITE LANE LOT pL oo\t o\N \10 /SOT 7 S07'07'50"W 31.40' S17'20'17"W 31.65' S27'09'51"W 9.25' N00*2710"I 40,87' 56 CORNER LOT 8-- SE CORNER LOT 8 p- -_p 1L- 'i '111101VP401Flc 1%4110 gO WINFIELDIHIGH SCHOOL TRAIL - PHASE I LOT 8 OF WILLOW BROOK PLAT 4 S N Y D E R 2727 S.W. SNYDER BLVD. &ASSOCIATES ANKENY. IA 50023 (515) 964.2020 2 OF 2 xX PGKG ' i NEGJHMF 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: RONDA R. EDDY and BRADLEY EDDY Grantee: City of Waukee, lows TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s). The undersigned, RONDA R. BROWER, n1k/a RONDA R. EDDY and BRADLEY EDDY, (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 casement shall terminate and he of no force and effect one (1) year 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 envy 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 I'or this easement, and Grantor expresses agreement Chat 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, igjuries, or losses .wising 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 this day of d4az�--, 2017. GRANTOR G Bradley Eddy STATE OF IOWA ) )SS COUNTY OF DALLAS ) CITY OF WAUKEE William F. Peard, Mayor Attest: Rebecca D. Sehuett, City Clerk On this 31 day of � In�VS�� 2017, before me, the undersigned, it Notary Public in and for said County and the State of Iowa, personally appeared RONDA R. BROWER, nJk/a RONDA R. EDDY and BRADLEY EDDY, to me personally known, who being by me duly 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 and acknowledged that they executed the same as their vohmtary act -and deed of the City of Waukee, by it and by them voluntarily executed. s BRIAN DePREZ Commission Number736424 Notary Public in and for the 'tale of Iowa ' wr My�Co�m�ss�on�firoires EXHIBIT A LEGAL DESCRIPTION THE TEMPORARY EASEMENT GRANTED FOR CONSTRUCTION EASEMENT IS TO LAND DESCRIBED AS FOLLOWS: A PART OF LOT 8, WILLOW BROOK PLAT 4. AN OFFICIAL PLAT NOW INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHWEST CORNER OF SAID LOT 8; THENCE NORTH 0002710" EAST ALONG THE WEST LINE OF SAID LOT 8, A DISTANCE OF 18.62 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00' 27' 10" EAST ALONG SAID WEST LINE, 22.25 FEET; THENCE NORTH 27' 09' S1" EAST, 9.25 FEET; THENCE NORTH 17' 20' 17" EAST, 31.65 FEET; THENCE NORTH 07' 0T 50" EAST, 31,40 FEET; THENCE NORTH 00' 27' 10" EAST, 70. J 2 FEET TO THE NORTH LINE OF SAID LOT 8; THENCE NORTH 99' 49' S9" EAST ALONG SAID NORTH LINE, 5.00 FEET; THENCE SOUTH 00' 27' 10" WEST, 70.46 FEET; THENCE SOUTH 070 07' 50' WEST, 32.14 FEET; THENCE SOUTH 17' 20' 17" WEST, 32.53 FEET; THENCE SOUTH 62' 50' 09" EAST, 5.00 FEET: THENCE SOUTH 270 09' 51" WEST, 29.55 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.02 ACRES (866 S.F.). NOTE: THE WEST LINE OF SAID LOT 8 IS ASSUMED TO BEAR NORTH 0002710" EAST.