HomeMy WebLinkAbout2019-03-04-Resolutions 19-079_N Little Walnut Creek Dr Improvements, Petition-Contract-Waiver, McAteeTHE CITY OF WAUKEE, IOWA
RESOLUTION 19-079
RESOLUTION APPROVING AND ACCEPTING PETITION, CONTRACT AND
WAIVER CONCERNING THE NORTH LITTLE WALNUT CREEK DRIVE
IMPROVEMENT PROJECT [MATTHEW AND AMY MCATEE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE, IOWA
WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas
County; AND,
WHEREAS, on July 10, 2017, the Waukee City Council approved 16 Petitions,
Contracts and Waivers from affected property owners requesting the completion of the North
Little Walnut Creek Drive Improvement Project (Resolution #17-333); AND,
WHEREAS, the parcel identified as Parcel No. 12 on the Preliminary Assessment Plat
has since been subdivided, creating a new lot owned by Matthew and Amy McAtee; AND,
WHEREAS, the parcel identified as Parcel No. 12 on the Preliminary Assessment Plat
has also since been subdivided to create a new parcel with the address of 629 N. Little Walnut
Creek Drive; AND,
WHEREAS, Matthew and Amy McAtee has submitted a Petition, Contract and Waiver,
attached hereto as Exhibit A, related to the North Little Walnut Creek Drive Improvement
Project and agrees with the terms more specifically provided in said agreement.
BE IT THEREFORE RESOLVED by the City Council of the City of Waukee, Iowa,
that the Petition, Contract and Waiver concerning the North Little Walnut Creek Drive
Improvement Project [Matthew and Amy McAtee] is hereby approved, subject to the conditions
set forth therein.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 4t' day of March,
2019.
R. Ctfgriles Bottenberg, Mayor Pro Tem
Attest:
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman
X
R. Charles Bottenberg
X
Courtney Clarke
X
Shelly Hughes
X
Larry R. Lyon
X
NAY ABSENT ABSTAIN
Doc ID: 007694790006 Type: ,AGR
Recorded: 03/11/2019 at 10:13:00 AM
Fee Amt: $32.00 Page 1 of 6
Dallas County Iowa
Chad C. Airhart RECORDER
Filed
BK2019 PG3213
PETITION, CONTRACT AND WAIVFR
Matthew and Amy N'IcAtee; Cite of Waukee, IA
Recorder's Cover Sheet
I'reparer Information (name. address and phone numher):
Steven P. Brick
Brick Gentry I_aw
6701 Westown PRwy., Ste. 100
W'est Des Moines, IA 50266
Phone: (5 1 5) 274-1450
Bill/Return Document to (name and complete address):
Rehccca D. Schuett
City oh \w`aui:ec
230 \V. Ilickman Rd.
W'Liukee. IA 5026 )
Phone: (51 �) 978-7904
Legal Description: N ilo's Ridge. Lot 2
Document or Instrument Numbcr of Previously Recorded Documents:
PETITION CONTRACT AND WAIVER
THIS AGREEMENT made and entered into by and between the City of Waukee, Iowa,
hereinafter called the CITY, and the undersigned property owners of the Property locally know
as 629 N. Little walnut Creek Drive in said City, hereinafter called the PROPERTY
OWNERS, WITNESSETIL
WHEREAS, the Property Owners in the Little Walnut Creek Development abutting Little
Walnut Crock Drive are requesting that the City pave Little Walnut Creek Drive and Walnut
Lane within the Sahu Acres subdivision and Lots 1 and 2 of the Ramsey Heights Subdivision and
assess a portion of the cost for said improvements against all benefitted properties abutting said
Streets; and
WIIFREAS, the City proposes to pave Little Walnut Crock D1-1vC, and Walnut Lane, as
described below ("improvements") in said City for the benefit of- the Property Owners in Sahu
Acres Subdivision and Lots 1 and 2 of the Ramsey heights Subdivision now in and forming a
part of the City of Waukee, Dallas County Iowa, and the public: and
WHEREAS, the undersigned Property Owners desire that the improvements be
constructed to benefit their respective properties and that special assessments be levied against
their property as hereinaficr described opposite their names 'I'll(: yencral description and
location ofsaid improvements being as follows:
Little Walnut Crock Drive Pavement Improvements
Sahu Acres Subdivision and Ratnsey I leights Lots 1 and 2, AVaukec, Dallas County, Iowa
DESCRIPTION OF IMPROVEMENTS
The Little Walnut Creek Drive Pavement Improvements project Consists of the design and
reconstruction of the existing gravel road known as Little \Valuut Creek Drive and \Valnut Lane
within the assessment area generally depicted on Exhibit A. The improvements include but not
limited to roadway grading, 22 foot wide-4 inch deep LIMA paving, ditch grading and
replacement of 2 culverts as described more particularly on the designs provided to Properly
Owncr.
The properties to be assessed are generally described as follows:
The lots and parcels in Sahli Acres and Lots 1 & 2 in Ramsey Heights,
Waukee, Iowa
The benefited area for the Little Walnut Creel: Drive Pavement ltnprovcments project is located
within, the corporate limits of the City of Waukec, Dallas County with said area being described
as follows:
Exhibit A attached
NOW THEREFORE, BE IT AGRLLD AMONG THE PARTIES IIhRLTO AS
FOLLOWS:
As soon as practicable the City shall have the right to cause the above described
improvements to be constructed in accordance with such plans and specifications as it shall deem
appropriate, The construction of said improvements shall be under the supervision of an
engineer to be selected by the City.
For the purpose of this Agreement, the City may elect to enter into contract for the
construction of said improvements as a part of any contract for a public improvement project
entered into prior to the receipt of this instnnnent as authorized by Section 384.41(2) of the City
Code of Iowa.
In consideration of the construction of said improvements, the undersigned Property
Owners hereby waive the public hearing on the adoption of the Resolution of Necessity and the
mailing and publication of Notice thereof, and all other legal formalities of ��hatsocvcr kind or
character required by the laws of' Iowa to be observed by cities Ili the construction of said
improvements where the expense of said improvements is to be assessed against private
property. The undersigned Property Owners each and all hereby expressly waive each and every
question of jurisdiction, the intention of the Property Owners being to authorize and direct said
City to construct the improvement without requiring any of the formalities or legal proceedings
required of cities by the statutes of Iowa.
It is further agreed that when said improvements have been constructed ill accordance
with the plans and specifications that the City may make assessments against the properties of
the undersigned Property Owners 1,61- the entire cost of the construction of said improvements,
including the cost of legal, engineering, supervision, preparation of' assessment schedule, and a
tell percent Default and Deficiency Fund as authorized by Section 384.44, City Code of Iowa,
and that said assessments so made shall be a lien upon the properties hereinafter described, and
each of the undersigned Property O'WI]Crs hereby agrees to pay the amount which is thus assessed
against his property, and said assessment shall have the same. legal force and ef7cct as if' all the.
legal formalities provided by law in such cases had been fully and faithfully performed and
observed. Each of the undersigned Property Owncrs hereby expressly waive every objection to
said assessment, ally limitation of the amount thereof as a percentage of valuation and any right
to defer or postpone payment of the assessment. Said assessment shall be paid by the
undersigned Property Owners within the time provided by Statute for the payment of special
assessments for such improvements. All property owners entitled to Agricultural deferment
under Chapter 384 of the City Code of Iowa hereby waive their right to such deterral.
The amount and proportion 01' the cost of the improvements, to be paid by the several
Property Owners, shall be ascertained and determined by the Lngincers and by them reported to
the City Council which shall make such changes or alterations as they may require and when said
assessments are finally passed by the Council and by it levied, they shall constitute the
assessments against the properties.
The preliminary assessment is anticipated to amount to an cstinnated total of $16A46.80 plus a
tcn percent Default and Deficiency Fund computed in the manner provided in 384.44 Code of
Iowa.
the final assessment will be computed utilizing the equivalent of 29`%0 of the actual design,
construction and legal expenses incurred for the completion ofthe project, and a ten percent
Default and Deficiency Fund.
Final Assessments shall be payable in semi annual installments over 10 years and bear interest in
the amount of 4.5% per annum on the unpaid balance computed in the manner provided by law.
Property Owners hereby authorize the City Council to pass any Resolution requisite or
necessary to order and secure said improvements, to provide for the construction of the same and
to make the assessments herein provided for, without further notice to said Property Owners, or
any of them, and any such Resolution may contain recitals that sari improvements are ordered or
made by the Council without petition of- property owners, without in any Way qualifying this
petition or releasing the Property Owners from their obligation to pay the assessments levied
against their property for the cost of said improvements and to issue improvement bonds payable
out of said assessments.
Each Property Owner warrants that his real estate described below is force and clear of all
liens and encumbrances other than for ordinary taxes, except for such liens as arc held by lien
holders hereinafter listed and designated as signers of this Petition and Waiver, who by execution
of this Petition consent to the subordination of their lien to the special assessment liens herein
described. Each Property Owner further agrees to subordinate the sale of any part of' his listed
Property to the terms of this Petition and Waiver, and, upon failure to do so, to pay the full
aiuouut of the assessment on demand. Each lien holder designated below, by execution of this
Petition arid Waiver, agrees and consents that his lien or liens shall be subordinated to the lien of
the assessments levied pursuant hereto.
Property Owners agree that this Petition and Waiver shall be effective and binding from
and after the approval hereof by resolution of the City Council.
If
Dated this .? day of (��`C_({ 2o19.
Presented to the City Council on (��Lb � t? I L , 2019.
Approved by the City Council on
Rebecca Sehuett, City Clerk
, 2019.
OWNER'S NAME: DESCRIPTION OF PROPERTY
MkTc ,o to
By:
.By:
Signature (and title, i y)
Date:
Witness:( #r • .I (,( ajfL
LIENHOLDER'S NAME:
By:
By:
Signature (and title, if any)
Date:
Witness:
4
Assessment Plat
Waukee Waukee, Iowa
fi,F BOLTON
& MENK
February, 2019 Real People. Real soluoom.