The URL can be used to link to this page

Home My WebLink About2020-11-30-D01A LWC North Trunk Sewer Extension Ph1 Easements_William Fox Farm CoAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 30, 2020 AGENDA ITEM:Consideration of approval of a resolution approving Easements between William Fox Farm Company and the City of Waukee [Little Walnut Creek North Trunk Sewer Extension Phase 1] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Approval of the easements is necessary to complete the Little Walnut Creek North Trunk Sewer Extension Phase 1 project. This project extends a sanitary sewer from the existing lift station on N Warrior Ln north to the proposed Ashley Acres development. This project is part of the City’s responsibilities as stated in the approved developer’s agreement between the City of Waukee and Ashley Acres, LLC dated August 17, 2020. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $2.00 ($1.00 each) COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Permanent Sanitary Sewer Easement II. Temporary Construction Easement PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: D1A THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING EASEMENTS BETWEEN WILLIAM FOX FARM COMPANY AND THE CITY OF WAUKEE [LITTLE WALNUT CREEK NORTH TRUNK SEWER EXTENSION PHASE 1 PROJECT] 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, it has been determined that certain easements are necessary for the purpose of construction of the Little Walnut Creek North Trunk Sewer Extension Phase 1 Project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the Public Sanitary Sewer Easement and Temporary Construction Easement between William Fox Farm Company and the City of Waukee [Little Walnut Creek North Trunk Sewer Extension Phase 1 Project] are hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 30th day of November, 2020. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair PUBLIC SANITARY SEWER EASEMENT Recorder’s Cover Sheet Preparer Information: Veenstra & Kimm, Inc. 3000 Westown Pkwy West Des Moines, Iowa 50266 Return Document To: City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: William Fox Farm Company Grantee: City of Waukee, Iowa - 2 - SANITARY SEWER EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, WILLIAM FOX FARM COMPANY, an Iowa corporation (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 City”), a permanent and perpetual easement (hereinafter referred to as “Sanitary Sewer Easement” or “Easement(s)”) and right-of-way upon, over, under, through and across the real property legally described as: SEE EXHIBIT “A” ATTACHED HERETO (hereinafter referred to as the “Easement Area”) 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating sanitary sewer(s) (hereinafter referred to as “Sewer(s)”) and to permit and allow the City to enter at any time upon, over, under, through, and across into said Easement(s) herein described to use as much of the surface and sub-surface thereof to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair (including the right to place and build additional Sewer(s) therein or to connect and/or join Sewer(s) and appurtenances thereto) and to forever maintain Sewer(s) whenever necessary within the Easement(s) granted herein. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3. Maintenance. After the initial construction of the Sewer(s), and acceptance by the City, the City agrees, as part of the reconstruction, maintenance and patrolling of the Sewer(s), to restore and replace the Easement area(s) to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor, except the City shall not be required to replace landscaping, trees, shrubs, bushes, landscape elements, structures, or underground water systems nor shall the City be required to restore the Easement area by reason of settlement, depression, or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area; and subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor’s sole expense. - 3 - 4. Right of Access. The City 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. 5. Hold Harmless. The Grantor agrees to indemnify and hold harmless the City, its elected officials, employees, officers, agents, representatives, contractors, 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. 6. 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 benefits and burdens, run with the land are binding upon and inure to the heirs assigns, successors, tenants and personal representatives of the parties hereto. 7. 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. 8. 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. 9. Parties. The term “City” as used herein shall refer to the City of Waukee, Iowa, its elected officials, agents, employees, officers, and contractors. The term “Grantor” shall refer to William Fox Farm Company, an Iowa corporation, their heirs, assigns, successors-in- interest, or lessees, if any. - 4 - 10. 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. 11. Integration. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12. Paragraph Headings. The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with, the interpretation of this Agreement. Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real estate 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 ______________, 20__. WILLIAM FOX FARM COMPANY CITY OF WAUKEE ______________________________ ____________________________ Courtney Clarke, Mayor Attest: ____________________________ Rebecca D. Schuett, City Clerk - 5 - STATE OF IOWA ) ) SS COUNTY OF ) On the day of , 20 , before me, a Notary Public in and for said State and county, personally appeared , to me personally known, who being by me duly sworn or affirmed did say that that person is of said and that said instrument was signed on behalf of the said corporation or association by authority of its board of directors or trustees and the said acknowledged the execution of said instrument to be the voluntary act and deed of said corporation or association by it voluntarily executed. __________________________________ Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _____ day of _________________, 20___, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by the City Council on the _____ day of ______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. __________________________________ Notary Public in and for the State of Iowa - 6 - EXHIBIT A LEGAL DESCRIPTION Perpetual Easement (See Exhibit PE-8) A perpetual public utility easement located in the Southeast 1/4 of the Northeast 1/4 of Section 21, Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa more particularly described as follows: The South 50.00 feet of the West 57.00 feet of the East 90.00 feet of said Southeast 1/4 of the Northeast 1/4 of Section 21. Containing 2,855 square feet or 0.07 acres, more or less. N. WARRIOR LANE (R-O-W 66')N89°19'52"W 2628.14'NE 1/4 SE 1/4SEC 21-79-26SE 1/4 NE 1/4SEC 21-79-26 EAST 33.00' EAST 33.00' WEST 57.00' EAST 90.00' SOUTH 50.00'N00°09'54"E(M) 2631.50'(M) N00°00'00"W(R) 2631.30'(R)FREDERICK E. CRAWFORD CONSTANCE S. HALSTEAD BK644 PG313 322.67'(M&R)270.00'(M&R)1 Inch = 60 ft. EASEMENT DRAWING FOR SANITARY SEWER BEING CONVEYED TO THE CITY OF WAUKEE, IOWA WILLIAM FOX FARM COMPANY 27099 U AVE WAUKEE, IA 50263 1221200006 LEGEND PERPETUAL EASEMENT 2,855 SQ.FT. FOUND PROPERTY MONUMENT MEASURED BEARING OR DIMENSION RECORDED BEARING OR DIMENSION FOUND SECTION CORNER MONUMENT SECTION LINE PROPERTY LINE PE-8 VEENSTRA & KIMM, INC. 3000 WESTOWN PARKWAY WEST DES MOINES, IOWA 50266-1320 515-225-8000 LITTLE WALNUT CREEK NORTH TRUNK SEWER SHEET 1 OF 1Rev/By (M) (R) NE CORNER SEC 21-79-26 1/2"REBAR SE 1/4 NE 1/4 SEC 21-79-26 CENTER SEC 21-79-26 1/2"REBAR W/YELLOW CAP#5301 E 1/4 CORNER SEC 21-79-26 3/4"PIPE TEMPORARY CONSTRUCTION EASEMENT Recorder’s Cover Sheet Preparer Information: Veenstra & Kimm, Inc. 3000 Westown Pkwy West Des Moines, Iowa 50266 Return Document To: City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: William Fox Farm Company Grantee: City of Waukee, Iowa - 2 - TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, WILLIAM FOX FARM COMPNAY, an Iowa corporation (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: Public Utilities This temporary construction easement shall terminate and be 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 entry 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 for this easement, and Grantor expresses agreement that 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, injuries, or losses arising 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 - 3 - 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 ______________, 20__. WILLIAM FOX FARM COMPANY CITY OF WAUKEE ______________________________ ____________________________ Courtney Clarke, Mayor Attest: ____________________________ Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF ) On the day of , 20 , before me, a Notary Public in and for said State and county, personally appeared , to me personally known, who being by me duly sworn or affirmed did say that that person is of said and that said instrument was signed on behalf of the said corporation or association by authority of its board of directors or trustees and the said acknowledged the execution of said instrument to be the voluntary act and deed of said corporation or association by it voluntarily executed. ______________________________ Notary Public in and for the State of Iowa - 4 - STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _____ day of _________________, 20___, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by the City Council on the _____ day of ______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. ___________________________________ Notary Public in and for the State of Iowa - 5 - EXHIBIT A LEGAL DESCRIPTION Temporary Easement (See Exhibit TE-8) A temporary construction easement located in the Southeast 1/4 of the Northeast 1/4 of Section 21, Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa more particularly described as follows: The South 60.00 feet of the West 150.00 feet of the East 240.00 feet of said Southeast 1/4 of the Northeast 1/4 of Section 21, EXCEPTING THEREFROM the South 50.00 feet of the West 57.00 feet of the East 90.00 feet of said Southeast 1/4 of the Northeast 1/4 of Section 21. Containing 9,573 square feet or 0.22 acres, more or less. N. WARRIOR LANE (R-O-W 66')N89°19'52"W 2628.14'NE 1/4 SE 1/4SEC 21-79-26SE 1/4 NE 1/4SEC 21-79-26 EAST 33.00' EAST 33.00' WEST 57.00' EAST 90.00' SOUTH 50.00'N00°09'54"E(M) 2631.50'(M) N00°00'00"W(R) 2631.30'(R)FREDERICK E. CRAWFORD CONSTANCE S. HALSTEAD BK644 PG313 322.67'(M&R)270.00'(M&R)SOUTH 60.00' WEST 150.00' EAST 240.00' 1 Inch = 60 ft. EASEMENT DRAWING FOR TEMPORARY CONSTRUCTION BEING CONVEYED TO THE CITY OF WAUKEE, IOWA WILLIAM FOX FARM COMPANY 27099 U AVE WAUKEE, IA 50263 1221200006 LEGEND TEMPORARY EASEMENT 9,573 SQ.FT. FOUND PROPERTY MONUMENT MEASURED BEARING OR DIMENSION RECORDED BEARING OR DIMENSION FOUND SECTION CORNER MONUMENT SECTION LINE PROPERTY LINE TE-8 VEENSTRA & KIMM, INC. 3000 WESTOWN PARKWAY WEST DES MOINES, IOWA 50266-1320 515-225-8000 LITTLE WALNUT CREEK NORTH TRUNK SEWER SHEET 1 OF 1Rev/By (M) (R) NE CORNER SEC 21-79-26 1/2"REBAR SE 1/4 NE 1/4 SEC 21-79-26 CENTER SEC 21-79-26 1/2"REBAR W/YELLOW CAP#5301 E 1/4 CORNER SEC 21-79-26 3/4" PIPE