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PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVAL OF PROCEDURES FOR THE SALE OF CITY-OWNED
PROPERTY KNOWN AS REMAINING CLAYTON PROPERTY
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Iowa, is a duly organized municipality within Dallas
County; AND,
WHEREAS, the City Council has directed City staff to pursue the sale of city-
owned property known as the Remaining Clayton Property and legally described
as Parcel 17-67 and 17-68 of the Plat of Survey recorded in Book 2016 Page
9295, Waukee, Dallas County, Iowa, subject to any and all covenants, restrictions
and/or easements of record; AND,
WHEREAS, the sale or potential sale of city property must conform with §364.7 Code
of Iowa, which requires the council to set forth its proposal to sell in a resolution and
publish notice of the resolution and of a date, time and place of public hearing on the
proposal; AND,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,
Iowa on this the 5th day of July 2016 that it hereby directs the City Clerk to publish
notice of the solicitation of offers for city property known as Remaining Clayton
Property, subject to any and all covenants, restrictions and/or easements of record. The
notice of solicitation shall also provide:
All offers will follow a sealed offer process.
All offers must be on a form that is supplied by the City and submitted to
the City in a sealed envelope.
All offers shall include $10,000 with the offer which will be deposited
upon acceptance of the offer.
Offers must be delivered to the Waukee City Clerk’s Office by 2:00 PM,
July 27, 2016.
Offers will be opened on July 27, 2016, at 2:00 PM at City Hall.
Offers must be valid through August 8, 2016 .
The City Council may take action at any time prior to August 8, 2016.
The City Council has the right not to accept any or all offers received.
The City Council may wave any irregularities.
BE IT FURTHER RESOLVED that July 27, 2016 at 2:00 PM shall be set as the date
for receipt of offers therefore and that August 1, 2016 shall be set as the date for public
hearing to consider the proposals/offers received for the purchase of such property.
Notice of said hearing shall be published as required by Iowa Code 364.7 (2016).
Thereafter the Council may take any action it deems appropriate relative to the sale of
such property by resolution.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
VACANT
C ity o f W a u k e e ’s C l a y t o n P r o p e r t y - 37.07 Acres
Request for Bids
B id D u e D a t e /T i m e : J u l y 2 7 , 2 0 1 6 a t 2 p.m.
City of Waukee
Development Services Department
230 W. Hickman Road
Waukee, IA 50263
www.Waukee.org
SECTION 1. INTRODUCTION AND BACKGROUND
The City of Waukee (hereinafter called “City”) owns approximately 37.07 acres of
property that is generally located west of 6th Street and south of Northview Drive and
legally described as Parcel 17-67 and 17-68 of the attached Plat of Survey recorded in
Book 2016 Page 9295, Dallas County, Iowa. It should be noted that the remaining Parcel
17-69 as identified on the Plat of Survey will be retained by the City.
Waukee Elementary borders the property to the east and the Waukee Public Works
Facility and Waukee Community School District Transportation Facility (currently under
construction) border the property to the south.
SECTION 2. LAND USE AND ZONING
The City has designated the use of the property as single family residential although a
portion of the property may be suitable for medium density residential development as
well. The current zoning of the property is A-1 Agricultural District and the property will
be required to be rezoned prior to development.
For planning purposes only, the City has had a conceptual layout prepared by Civil
Design Associates, which is attached, that generally depicts an acceptable street network
and lot configuration. It should be noted that this was prepared for conceptual purposes
only and is not required to be followed as a part of a development proposal to the City.
Prospective bidders should be aware that as a part of any residential development,
parkland dedication will be required consistent with the requirements as stated within
Section 303.156 of the Waukee City Code which can be found on the City’s website at
www.waukee.org.
SECTION 3. EXISTING AND PROPOSED UTILITIES
Twelve inch water mains currently exist along the east property line abutting 6th Street as
well as at the current western terminus of Northview Drive, which is located at the north
end of the property. Both mains can be tied into to serve the proposed property.
There is an existing twelve inch sanitary sewer main located at the western terminus of
Northview Drive which has the capacity to support approximately 30 single family lots
today. The remainder of the property will be served by a sanitary sewer that is being
brought up to the south property line adjacent to 6th Street. This proposed sanitary sewer
is currently being designed and is scheduled for construction and completion by June of
2017.
Storm water detention for the property has been accommodated for within the large
detention pond currently under construction at the south end of the Waukee School
District Transportation Facility.
SECTION 4. KEY DATES FOR THE BIDDING PROCESS
July 6, 2016 City issues information regarding the sale of the Property
July 27, 2016 Bid Proposals due by 2:00 PM and hold Bid Opening
August 1, 2016 City Council holds Public Hearing, considers submitted bids and
takes action it deems appropriate on bids submitted.
October 31, 2016 Approved Bid closes on Property
SECTION 5. BIDDING INSTRUCTIONS
Complete and sign the offer to purchase attached hereto and submit to Brad Deets at the
location identified in section 7 below on or before July 27, 2016 at 2:00 P.M. with the
required earnest money.
The City may accept the highest bidder, or reject all bids received, and/or waive
irregularities, as the City Council may deem appropriate in its sole discretion.
SECTION 6. NOTIFICATION OF SUCCESSFUL BID
All bid submitters will be notified of the highest bidder following the bid opening held on
July 27, 2016 at 2:00 PM at Waukee City Hall, 230 W. Hickman Road, Waukee, Iowa
50263.
SECTION 7. CITY OF WAUKEE CONTACT PERSON
City staff is willing to meet with individuals interested in bidding on the property prior to
bid submittal to answer questions and review information. To schedule a meeting, please
contact Brad Deets at 515-978-7899.
Brad Deets, Development Services Director
City of Waukee
230 W Hickman Road
Waukee, IA 50263
515-978-7899 phone
515-987-1845 fax
515-250-7986 cell
e-mail, bdeets@waukee.org
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
(NONRESIDENTIAL)
TO: City of Waukee, Iowa (SELLER)
The undersigned BUYERS hereby offer to buy and the undersigned SELLER by
their acceptance agree to sell the real property situated in Waukee, Dallas County Iowa,
legally described as:
Parcels 17-67 and 17-68 of the attached Plat of Survey recorded in Book
2016 Page 9295, Dallas County, Iowa, subject to zoning, easements,
restrictions, and covenants of record. Parcel 17-69, as identified on the
Plat of Survey, are not part of this offer or this agreement and shall be
retained by SELLER.
subject to any and all easements of record for public utilities or roads, any zoning
restrictions, restrictive covenants and mineral reservations of record, if any, herein
referred to as the "Property," upon the following terms and conditions.
1. PURCHASE PRICE. The Purchase Price shall be $ _____________ and
the method of payment shall be as follows: $10,000 with this offer, to be deposited upon
acceptance of this offer and held in trust by Brick Gentry Law Firm as earnest money, to
be delivered to the SELLER upon performance of SELLER'S obligations and satisfaction
of BUYERS' contingencies, if any; and the balance of the Purchase Price at closing.
2. REAL ESTATE TAXES. Seller shall pay any property taxes for the
property accruing through the date of closing and any unpaid real estate taxes payable in
prior years. BUYERS shall pay all subsequent real estate taxes.
Unless otherwise provided in this Agreement, at closing SELLER shall pay
BUYERS, or BUYERS shall be given a credit for, taxes from the first day of July prior to
possession to the date of possession based upon the last known actual net real estate taxes
payable according to public records. However, if such taxes are based upon a partial
assessment of the present property improvements or a changed tax classification as of the
date of possession, such proration shall be based on the current levy rate, assessed value,
legislative tax rollbacks and real estate tax exemptions that will actually be applicable as
shown by the assessor's records on the date of possession.
3. SPECIAL ASSESSMENTS.
A. SELLER shall pay in full at time of closing all special assessments which are a
lien on the Property as of the date of acceptance, July 25, 2016.
B. All charges for solid waste removal, sewage and maintenance that are
attributable to SELLER'S possession.
C. Any preliminary or deficiency assessment which cannot be discharged by
payment shall be paid by SELLER through an escrow account with sufficient
funds to pay such liens when payable, with any unused funds returned to
SELLER.
D. BUYERS shall pay all other special assessments or installments not payable by
SELLER.
4. RISK OF LOSS AND INSURANCE. SELLER shall bear the risk of loss
or damage to the Property prior to closing or possession, whichever first occurs.
SELLER agree to maintain existing insurance and BUYERS may purchase additional
insurance. In the event of substantial damage or destruction prior to closing, this
Agreement shall be null and void; provided, however, BUYERS shall have the option to
complete the closing and receive insurance proceeds regardless of the extent of damages.
The property shall be deemed substantially damaged or destroyed if it cannot be restored
to its present condition on or before the closing date.
5. POSSESSION AND CLOSING. If BUYERS timely perform all
obligations, possession of the Property shall be delivered to BUYERS on October 31,
2016, and any adjustments of rent, insurance, interest and all charges attributable to the
SELLER's possession shall be made as of the date of possession. Closing shall occur
after the approval of title by BUYERS and vacation of the Property by SELLER, but
prior to possession by BUYERS. If possession is given on a day other than closing, the
parties shall make a separate agreement with adjustments as of the date of possession.
This transaction shall be considered closed:
A. Upon the delivery of the title transfer documents to BUYERS and receipt of all
funds then due at closing from BUYERS under the Agreement.
6. CONDITION OF PROPERTY. The property as of the date of this
Agreement, including buildings, grounds, and all improvements, will be preserved by the
SELLER in its present condition until possession, ordinary wear and tear excepted.
SELLER make no warranties, expressed or implied, as to the condition of the property.
A. BUYERS acknowledge that they have made a satisfactory inspection of the
Property and are purchasing the Property in its existing condition.
7. ABSTRACT AND TITLE. SELLER, at their expense, shall promptly
obtain an abstract of title to the Property continued through the date of acceptance of this
Agreement, August 8, 2016, and deliver it to BUYERS' attorney for examination. It shall
show marketable title in SELLER in conformity with this Agreement, Iowa law, and title
standards of the Iowa State Bar Association. The SELLER shall make every reasonable
effort to promptly perfect title. If closing is delayed due to SELLER'S inability to
provide marketable title, this Agreement shall continue in force and effect until either
party rescinds the Agreement after giving ten days written notice to the other party. The
abstract shall become the property of BUYERS when the Purchase Price is paid in full.
SELLER shall pay the costs of any additional abstracting and title work due to any act or
omission of SELLER, including transfers by or the death of SELLER or their assignees.
Unless stricken, the abstract shall be obtained from an abstracter qualified by the
Guaranty Division of the Iowa Housing Finance Authority.
8. SURVEY. BUYERS may, at BUYERS' expense prior to closing, have the
property surveyed and certified by a registered land surveyor. If the survey shows an
encroachment on the Property or if any improvements located on the Property encroach
on lands of others, the encroachments shall be treated as a title defect.
9. ENVIRONMENTAL MATTERS.
A. SELLER warrant to the best of their knowledge and belief that there are no
abandoned wells, solid waste disposal sites, hazardous wastes or substances,
or underground storage tanks located on the Property, the Property does not
contain levels of radon gas, asbestos, or urea-formaldehyde foam insulation
which require remediation under current governmental standards, and
SELLER have done nothing to contaminate the Property with hazardous
wastes or substances. SELLER warrant that the property is not subject to any
local, state, or federal judicial or administrative action, investigation or order,
as the case may be, regarding wells, solid waste disposal sites, hazardous
wastes or substances, or underground storage tanks. SELLER shall also
provide BUYERS with a properly executed GROUNDWATER HAZARD
STATEMENT showing no wells, private burial sites, solid waste disposal
sites, private sewage disposal system, hazardous waste and underground
storage tanks on the Property unless disclosed here:
_____________________________________.
B. BUYERS may at their expense, within 15 days after the date of acceptance,
obtain a report from a qualified engineer or other person qualified to analyze
the existence or nature of any hazardous materials, substances, conditions or
wastes located on the Property. In the event any hazardous materials,
substances, conditions or wastes are discovered on the Property, BUYERS'
obligation hereunder shall be contingent upon the removal of such materials,
substances, conditions or wastes or other resolution of the matter reasonably
satisfactory to BUYERS. However, in the event SELLER are required to
expend any sum in excess of $ 5,000 to remove any hazardous materials,
substances, conditions or wastes, SELLER shall have the option to cancel this
transaction and refund to BUYERS all earnest money paid and declare this
Agreement null and void. The expense of any inspection shall be paid by
BUYERS. The expense of any action necessary to remove or otherwise make
safe any hazardous material, substances, conditions or waste shall be paid by
SELLER, subject to SELLER'S right to cancel this transaction as provided
above.
10. DEED. Upon payment of the Purchase Price, SELLER shall convey the
Property to BUYERS by Warranty deed, free and clear of all liens, restrictions, and
encumbrances except as provided in this Agreement. General warranties of the title shall
extend to the time of delivery of the deed excepting liens and encumbrances suffered or
permitted by BUYERS.
11. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If
SELLER, immediately preceding acceptance of the offer, hold title to the Property in
joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed
by operation of law or by acts of the SELLER, then the proceeds of this sale, and any
continuing or recaptured rights of SELLER in the Property, shall belong to SELLER as
joint tenants with full rights of survivorship and not as tenants in common; and BUYERS
in the event of death of any SELLER, agree to pay any balance of the price due SELLER
under this contract to the surviving SELLER and to accept a deed from the surviving
SELLER consistent with Paragraph 15.
12. JOINDER BY SELLER'S SPOUSE. SELLER'S spouse, if not a title
holder immediately preceding acceptance, executes this Agreement 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 deed or real estate
contract for this purpose.
13. STATEMENT AS TO LIENS. If BUYERS intend to assume or take
subject to a lien on the Property, SELLER shall furnish BUYERS with a written
statement prior to closing from the holder of such lien, showing the correct balance due.
14. USE OF PURCHASE PRICE. At time of settlement, funds of the
Purchase Price may be used to pay taxes and other liens and to acquire outstanding
interests, if any, of others.
15. REMEDIES OF THE PARTIES.
A. If BUYERS fail to timely perform this Agreement, SELLER may forfeit it as
provided in the Iowa Code (Chapter 656), and all payments made shall be
forfeited; or, at SELLER'S option, upon thirty days written notice of intention
to accelerate the payment of the entire balance because of BUYERS' default
(during which thirty days the default is not corrected), SELLER may declare
the entire balance immediately due and payable. Thereafter this Agreement
may be foreclosed in equity and the Court may appoint a receiver.
B. If SELLER fail to timely perform this Agreement, BUYERS have the right to
have all payments made returned to them.
C. BUYERS and SELLER are also entitled to utilize any and all other remedies or
actions at law or in equity available to them, and the prevailing parties shall be
entitled to obtain judgment for costs and attorney fees.
16. NOTICE. Any notice under this Agreement shall be in writing and be
deemed served when it is delivered by personal delivery or mailed by certified mail,
addressed to the parties at the addresses given below.
17. GENERAL PROVISIONS. In the performance of each part of this
Agreement, time shall be of the essence. Failure to promptly assert rights herein shall
not, however, be a waiver of such rights or a waiver of any existing or subsequent
default. This Agreement shall apply to and bind the successors in interest of the parties.
This Agreement shall survive the closing. This Agreement contains the entire agreement
of the parties and shall not be amended except by a written instrument duly signed by
SELLER and BUYERS. Paragraph headings are for convenience of reference and shall
not limit or affect the meaning of this Agreement. Words and phrases herein shall be
construed as in the singular or plural number, and as masculine, feminine or neuter
gender according to the context.
18. NO REAL ESTATE AGENT OR BROKER. Neither party has used the
service of a real estate agent or broker in connection with this transaction.
19. CERTIFICATION. BUYERS and Seller each certify that they are not
acting, directly or indirectly, for or on behalf of any person, group, entity or nation named
by any Executive Order or the United States Treasury Department as a terrorist,
“Specially Designated National and Blocked Person” or any other banned or blocked
person, entity, nation or transaction pursuant to any law, order, rule or regulation that is
enforced or administered by the Office of Foreign Assets Control; and are not engaged in
this transaction, directly or indirectly on behalf of, any such person, group, entity or
nation. Each party hereby agrees to defend, indemnify and hold harmless the other party
from and against any and all claims, damages, losses, risks, liabilities and expenses
(including attorney’s fees and costs) arising from or related to my breach of the foregoing
certification.
20. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. SELLER
represents and warrants to BUYERS that the Property is not served by a private sewage
disposal system, and there are no known private sewage disposal systems on the property.
21. ADDITIONAL PROVISIONS. This Offer to Buy Real Estate is subject to
approval of the Waukee City Council in the manner required by law.
In addition, the property is currently the subject of a farm tenancy for hay. The SELLER
shall cause notice of termination of tenancy to be served upon the tenant prior to closing
in accordance with Iowa law, however, it is understood that BUYER’S purchase will be
subject to the continued tenancy by the farm tenant through such time as the actual
termination date required by law for the farm tenancy following such notice of
termination. SELLER shall retain all farm rents due and payable in this crop year through
termination of the lease.
22. ACCEPTANCE. When accepted, this Agreement shall become a binding
contract. If not accepted and delivered to BUYERS on or before August 8, 2016, this
Agreement shall be null and void and all payments made shall be returned immediately to
BUYERS. If accepted by SELLER at a later date and acceptance is satisfied in writing,
then this contract shall be valid and binding.
Accepted _________________, 2016 Dated ___________________, 2016
SELLER
BUYERS
City of Waukee, Iowa Print Name ________________________
EIN# To be provided SS# ________________________
Address : 230 W. Hickman Road Print Name ________________________
Waukee, IA 50263 SS# ________________________
Telephone: (515) 978-7900
Address : ________________________
________________________________
Telephone: ________________________
CITY OF WAUKEE PROPERTY