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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.