HomeMy WebLinkAbout2016-03-14-F01A Westown-R22 Intersection - MOU - Johnson AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 14, 2016
AGENDA ITEM: Consideration of approval of a resolution approving the Memorandum of
Understanding between the City of Waukee and Mark A. and Lisa E. Johnson
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The Property Owner requested that a memorandum of
understanding between them and the City for the following provisions:
Right-of-way purchased at $1,131.00
Temporary Easement purchased at $4,038.00
Tree compensation of $20,000
Property will not be special assessed for improvements
No connection fee for water
Driveway will maintain access all during construction
Contractor will not leave equipment on property over night
Owner and City agree on tree removal
City will provide Project inspector’s contact information
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The City Attorney has reviewed and approved the
Agreement language
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Memorandum of Understanding
PREPARED BY: Beth Richardson
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING MEMORANDUM OF UNDERSTANDING RELATED TO THE
WESTOWN PARKWAY/R-22 INTERSECTION IMPROVEMENT PROJECT
[MARK A. AND LISA E. JOHNSON]
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, the City is undertaking a public improvement project known as the Westown
Parkway/R-22 Intersection Improvement Project, which will provide some benefit to property
owned by Mark A. and Lisa E. Johnson, whose property runs along and adjacent to the public
improvement project area; AND,
WHEREAS, the City of Waukee and Mark A. and Lisa E. Johnson have reached an agreement
related to the acquisition by the City of a fee simple interest in certain property, as well as a
temporary construction easement, under certain terms and conditions as outlined in a
Memorandum of Understanding, which is attached hereto as Exhibit A.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
14th day of March, 2016, that it hereby approves the Memorandum of Understanding related to
the Westown Parkway/R-22 Intersection Improvement Project (Mark A. and Lisa E. Johnson).
____________________________
William F. Peard, Mayor
Attest:
________________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
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MEMORANDUM OF UNDERSTANDING
THIS Memorandum of Understanding entered into between the City of Waukee, Iowa, a
municipal corporation in the State of Iowa (hereinafter referred to as “City”); and Mark A.
Johnson and Lisa E. Johnson (hereinafter referred to as “Property Owners”) (collectively referred
to as “Parties”).
WHEREAS, the City is undertaking to improve Westown Parkway and the intersection of
Westown Parkway and R22, which will provide some benefit Property Owners’ Property
(“Improvements”); and
WHEREAS, Property Owners own property along and adjacent to Westown Parkway including
but not limited to the property legally described on Exhibit A which the City desires to acquire
for the purpose of completing the Improvements (hereinafter referred to as “Property”); and
WHEREAS, the Parties have entered into negotiations for the acquisition of a fee simple interest
in certain property as well as a temporary construction easement from Property Owners under
certain terms and conditions, and the Parties desire to set forth their understanding in this
Memorandum.
IN CONSIDERATION of the mutual promises as more particularly set forth herein, the
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1) The City’s Agreements:
a) The City agrees to purchase approximately 0.032 acres of land in fee simple from
Property Owners for the purchase price of $1,131.00; acquire a temporary easement
from Property Owners for the sum of $4,038.00; and provide $20,000.00
compensation to Property Owners for the purpose of Property Owners undertaking
tree replacement as they may deem appropriate on Property Owners remaining
property following completion and acceptance of the Improvements by the City.
b) The City agrees that it will not specially assess Property Owners remaining property
for the cost of the Improvements undertaken as identified in this Memorandum.
c) The City will not impose a connection fee for Property Owner to connect their
existing residence to the new water main being installed as part of the improvements
undertaken by the City. The City, as part of the project, will move Property Owners
existing connection to the existing water main and connect it to the new water main
installed as part of the Improvements, at the City’s cost.
d) The Improvements will be undertaken by the City in such a manner so as to allow
Property Owners to continue to have access to their driveway to their permanent
residence for the duration of the Temporary Construction Easement.
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e) The City agrees to instruct the contractor not to place, nor allow, construction
equipment to remain, after working hours, in the Temporary Construction Easement
granted by Property Owners to the City.
f) The City is compensating Property Owners a sum certain for trees that it intends to
remove as part of the construction of the Improvements. The trees that are not being
removed are being marked by the City. Generally, the trees being removed include all
trees located with the the area being graded as part of the Improvement as identified
in the grading plan provided to Property Owners, receipt of which Property Owners
acknowledge. Property Owners agree to the removal of the trees designated by the
City. The City agrees that it will not remove the trees that have been identified and
marked prior to the execution of this Memorandum as trees that shall remain as part
of the improvements.
g) The City will provide the Property Owner the contact information of the project
manager so that they may communicate with them to address any questions or
concerns.
2) The Property Owners’ Agreements:
a) The Property Owners agree to convey unto the City a fee simple interest by Warranty
Deed of the Property being acquired by the City.
b) The Property Owners agree to grant a Temporary Construction Easement to allow the
City to undertake the improvements on a form approved by the City Attorney.
c) Property Owners agree that the compensation paid to Property Owners for tree
replacement is fair and adequate, and that Property Owner will undertake, at their
cost, tree replacement as they may deem appropriate without seeking additional
compensation from the City.
3) Binding Effect. This Memorandum shall inure to the benefit of and be binding upon the
Parties, their successors in interest, or assigns, if any.
4) Representation and Warranty. Property Owners represent and warrant they they are the
sole owners of the property that is the subject of this agreement and that they have full
and complete authority to convey and grant the property interests to the City that are
contemplated hereunder. Property Owners agree to warrant and defend for any claims
made adverse to the property interests conveyed to the City under this agreement.
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This Memorandum of Understanding is dated the _____ day of _______________, 2016.
THE CITY OF WAUKEE, IOWA PROPERTY OWNERS:
By: ________________________________
By: ________________________________
William F. Peard, Mayor Mark A. Johnson
ATTEST:
By: ________________________________
Rebecca Schuett, City Clerk
By: ________________________________
Lisa E. Johnson