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.