HomeMy WebLinkAbout2023-01-16 I01F_01 28E Agmt Clive-Waukee_NE Outfall Sewer\AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: January 16, 2023
AGENDA ITEM:Consideration of approval of a resolution approving 28E Agreement between
the Cities of Clive and Waukee, Iowa, for the Conveyance of Sewer and
Construction Easements and the Provision of Funds for Projects Located in
Clive [NE Outfall Sewer Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The 28E Agreement outlines the specifics for the
conveyance of permanent sanitary sewer and temporary construction easements from Clive to Waukee
to construct the NE Outfall Sewer on property owned by Clive. Further the agreement outlines the
financial payment Waukee will provide to Clive to assist with their Walnut Creek Streambank
restoration project. The funding will be leveraging SRF Water Quality project funds and specific
requirements are identified in the agreement both Cities must agree to in order to comply with the
Water Quality Project requirements. The agreement has been reviewed by both Cities legal and city
staff and all staff have approved the agreement in its final form attached.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Waukee will reimburse Clive
$1,101,350.00 for the Clive Sponsored project to be constructed after the NE Outfall Sewer is
constructed in the City of Clive.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the Resolution.
ATTACHMENTS: I. Resolution
II. 28E Agreement
PREPARED BY: Rudy Koester
REVIEWED BY: Rudy Koester RK
I1F1
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THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING 28E AGREEMENT BETWEEN THE CITIES OF CLIVE AND WAUKEE,
IOWA FOR THE CONVEYANCE OF SEWER AND CONSTRUCTION EASEMENTS
AND THE PROVISION OF FUNDS FOR PROJECTS LOCATED IN CLIVE [NE
OUTFALL SEWER PROJECT]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, a 28E AGREEMENT is entered into by and among the City of Clive, Iowa, an
Iowa municipal corporation (“Clive”), and the City of Waukee, Iowa, an Iowa municipal
corporation (“Waukee”) (Clive and Waukee together hereinafter referred to as the “Parties”).
WHEREAS, Waukee currently possesses a sanitary sewer system which serves the residents of
Waukee; and
WHEREAS, Waukee is a member of the Wastewater Reclamation Authority (“WRA”) which
treats the sanitary waste generated within Waukee; and
WHEREAS, Waukee has designed plans to construct a sanitary trunk sewer to transport and
deliver sanitary waste collected in Waukee through the City of Clive to WRA facilities located in
Urbandale for treatment, as depicted as the “NE Outfall Sewer” on Exhibit A of the 28E
Agreement (the “Waukee Outfall Sewer”); and
WHEREAS, the designed route for the Waukee Outfall Sewer requires temporary and
permanent easements on and across property owned by Clive, and Clive is willing to provide to
Waukee and Waukee is willing to compensate Clive for the easements necessary for the
construction, installation, operation and maintenance of the Waukee Outfall Sewer, subject to the
terms of the 28E Agreement; and
WHEREAS, Waukee intends to finance all or part of the construction of the Waukee Outfall
Sewer through the Clean Water State Revolving Fund (hereinafter “SRF”) by applying to the
Iowa Department of Natural Resources (hereinafter “IDNR”) and/or the Iowa Finance Authority
(hereinafter “IFA”) for funds; and
WHEREAS, Clive desires to undertake a water resource restoration project to improve water
quality in the watershed in which Waukee’s utility infrastructure and system facilities located on
Clive property (hereinafter the “Sponsored Project”) for which Waukee has also applied for
funding through the IDNR and/or IFA and has received preliminary approval for funding
(hereinafter the “SRF Funds”) for the Sponsored Project; and
WHEREAS, Waukee intends to use qualifying SRF Funds received for the Sponsored Project to
fulfill some or all of its obligation to compensate Clive for the easements being granted to
Waukee hereunder; and
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NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee approve
a 28E Agreement between the City of Clive, Iowa and the City of Waukee, Iowa is hereby
approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 16th day of January,
2023.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
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Return to: Rebecca D. Schuett, City Clerk, 230 W. Hickman Road, Waukee, IA 50263
Prepared by: Steven P. Brick, 6701 Westown Parkway, Suite 100, West Des Moines, IA 50266 (515) 274-1450
28E AGREEMENT
BETWEEN THE CITIES OF CLIVE AND WAUKEE, IOWA
FOR THE CONVEYANCE OF SEWER AND CONSTRUCTION EASEMENTS
AND THE PROVISION OF FUNDS
FOR PROJECTS LOCATED IN CLIVE
THIS 28E AGREEMENT (“Agreement”), made and entered into this __ day of
, 2023 (“Effective Date”), by and between the City of Clive, Iowa, an
Iowa municipal corporation (“Clive”), and the City of Waukee, Iowa, an Iowa municipal
corporation, on behalf of itself, (“Waukee”) (Clive and Waukee together hereinafter referred to as
the “Parties”).
WHEREAS, Waukee currently possesses a sanitary sewer system which serves the
residents of Waukee;
WHEREAS, Waukee is a member of the Wastewater Reclamation Authority (“WRA”)
which treats the sanitary waste generated within Waukee;
WHEREAS, Waukee has designed or is designing plans to construct a sanitary trunk sewer
to transport and deliver sanitary waste collected in Waukee through the City of Clive to WRA
facilities located in Urbandale for treatment, as depicted as the “NE Outfall Sewer” on Exhibit A
hereto (the “Waukee Outfall Sewer”);
WHEREAS, the designed route for the Waukee Outfall Sewer requires temporary and
permanent easements on and across property owned by Clive, and Clive is willing to provide to
Waukee and Waukee is willing to compensate Clive for the easements necessary for the
construction, installation, operation and maintenance of the Waukee Outfall Sewer, subject to the
terms of this agreement;
WHEREAS, Waukee intends to finance all or part of the construction of the Waukee
Outfall Sewer through the Clean Water State Revolving Fund (hereinafter “SRF”) by applying to
the Iowa Department of Natural Resources (hereinafter “IDNR”) and/or the Iowa Finance
Authority (hereinafter “IFA”) for funds
WHEREAS, Clive desires to undertake a water resource restoration project to improve
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water quality in the watershed in which Waukee’s utility infrastructure and system facilities are
located as more particularly depicted on Exhibit B (hereinafter the “Sponsored Project”) for which
Waukee has also applied for funding through the IDNR and/or IFA and has received preliminary
approval for funding (hereinafter the “SRF Funds”) for the Sponsored Project;
WHEREAS, Waukee intends to use qualifying SRF Funds received for the Sponsored
Project to fulfill some or all of its obligation to compensate Clive for the easements being granted
to Waukee hereunder;
NOW, THEREFORE, the Parties hereby agree to the above Recitals and as follows:
Part I - Joint Exercise of Powers Under Chapter 28E of the Code of Iowa
1. Purposes of the Agreement - Application and Administration. Pursuant to Chapter
28E of the 2022 Code of Iowa, the Parties do hereby agree that the purpose of this Agreement is to
jointly exercise their respective powers as set forth in this Agreement to: (i) apply for approval of and, if
approved, administer and fund the Sponsored Project, including but not limited to studies and assessment,
design, property acquisition (if applicable), construction and construction administration, and operation and
maintenance of the Sponsored Project; and (ii) to provide for the administration of, cost of, and conveyance
of easements necessary for the Waukee Outfall Sewer.
2. Effective Date and Duration. Pursuant to Section 28E.5 of the Iowa Code, the
parties agree that this Agreement shall be effective upon its approval and execution by all parties
and its recording with the Secretary of State, and that the duration of this Agreement shall be for
the later of (i) thirty (30) years; (ii) the service life of the Sponsored Project; (iii) the term of that
certain WAUKEE-SRF loan agreement dated ______________ __, 20__ regarding the Sponsored
Project; or (iv) in the event that Waukee does not transfer or assign the Waukee Outfall Sewer to the
WRA, the service life of the Waukee Outfall Sewer.
3. Administrator. The parties hereby agree that the Waukee Public Works Director
shall be designated as the Administrator of this Agreement as provided by Section 28E.6 of the
Code of Iowa.
4. No Entity. No separate entity is hereby created.
5. Individual Ownership and Responsibility. Each party shall be solely authorized to
supervise, direct, and manage its own activities and the activities of its respective employees and
agents hereunder.
6. Funding. Except as otherwise explicitly provided herein, each party shall be solely
responsible for funding its own operations hereunder. All such funding shall be separately included
within the respective regular budgets of each party. Notwithstanding the foregoing, Clive shall be
responsible for any and all costs and expenses that are directly and indirectly related to the
Sponsored Project, and Waukee shall be responsible for any and all costs and expenses that are
directly and indirectly related to the Waukee Outfall Sewer.
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Part II - Requirements of Sponsored Project; Application for Sponsored Project and
Application Review; Approved Applications
7. General Requirements of Sponsored Project. Clive agrees to the following
requirements of the Sponsored Project and certifies that said requirements are met, which
certification is subject to review by Waukee and approval by the IDNR and/or IFA:
A. The Sponsored Project fully complies with the requirements of the Iowa
Code, including but not limited to Iowa Code Section 455.199 (2022), and is compatible
with the goals of the IDNR water resource restoration sponsored program and includes
application of best management practices for the primary purpose of water quality
protection and improvement.
B. The Sponsored Project improves water quality in the watershed in which
Waukee’s utility infrastructure and system facilities are located.
C. The Sponsored Project does not and shall not include any of the following:
(1) Passive recreation activities and trails including bike trails,
playgrounds, soccer fields, picnic tables, and picnic grounds.
(2) Parking lots.
(3) Diverse habitat creation contrary to the botanical history of an
area.
(4) Planting of nonnative plant species.
(5) Dredging.
(6) Supplemental environmental projects required as a part of a
consent decree.
(7) Acquisition of property, an interest in property, or improvements
to property through condemnation.
D. The Sponsored Project maximizes the capacity and performance of the
Waukee System facilities.
8. Application by Waukee for Sponsored Project. Waukee has submitted an
application for the Sponsored Project to the IDNR which includes a fully completed IDNR Clean
Water SRF Water Resource Restoration Sponsored Project Application form (herein “IDNR
Application”), as attached hereto as Exhibit B and by this reference incorporated herein.
9. Approved IDNR Application. Clive shall cooperate with Waukee and the IDNR to
provide all information and attend any meetings relating to the Sponsored Project, including but not
limited to initiation meetings, as requested by Waukee, IDNR and/or IFA.
10. Waukee Improvement Associated with Sponsored Project; Funding.
A. The parties agree that, if approved by the IDNR and/or IFA as set forth
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below, Waukee will secure as part of its Waukee SRF loan funds for the cost of the
Sponsored Project as follows: $929,000.00 (the “Loan Amount” which, as used in this
Agreement, means the amount of funding approved by IDNR/IFA for the Sponsored
Project).
B. Clive acknowledges and understands that IDNR and/or IFA may approve
no funding, partial funding, or complete funding of the Sponsored Project. Clive further
agrees that it is responsible for payment of any and all costs of operation and maintenance
of or related to the Sponsored Project and any and all costs associated with and/or arising
out of the Sponsored Project, including but not limited to costs of design, property
acquisition, and construction of the Sponsored Project. Waukee acknowledges and
understands that IDNR and/or IFA’s approval of some, all, or none of the funding of the
Sponsored Project shall not decrease the Total Payment Waukee is obligated to pay under
Paragraph 48 hereof.
C. Clive understands and agrees that it is solely responsible for payment of any
and all costs of design, property acquisition, construction, and/or other costs associated
with the Sponsored Project.
Part III - Design of the Sponsored Project - Administration and Costs
11. General. Clive is solely responsible for the administration and cost of designing
the Sponsored Project and for compliance with the terms set forth herein.
12. Application Assessment; Payment of Assessment Costs. Clive has prepared, or will
cause to be prepared, a description, assessment, data, evaluation of alternatives, drawings of project
location, and other materials for the purpose of preparing the IDNR Application. All costs incurred
and owed by Clive for its pre-application work to obtain approval of the design of the Sponsored
Project have been or shall be paid in full by Clive, at its sole cost and expense.
13. Design of Sponsored Project; Payment of Design Costs. Clive, at its sole cost and
expense, has designed or will design the Sponsored Project following IDNR approval of the IDNR Application.
Clive shall cause the design of the Sponsored Project to be completed in accordance with standard
engineering practices and certified by a licensed engineer, and the plans and specifications shall
include the SRF front-end requirements as provided by IDNR and all other requirements applicable
to SRF financing. Clive is responsible for complying with all SRF requirements. Clive is solely
responsible and liable for any and all design costs and expenses for the Sponsored Project that are
determined by the IDNR and/or IFA to be ineligible for reimbursement pursuant to the Waukee SRF
loan that includes the Sponsored Project or that are incurred and/or become due beyond the total
Loan Amount, and Waukee shall not be responsible or liable for payment of any such costs or
expenses. Notwithstanding the foregoing, Clive shall not be required to design or to continue to design
the Sponsored Project if the IDNR does not approve the application for such project.
14. State and Local Design Procurement Requirements. Clive has complied, and shall
continue to comply, with any and all applicable State and local bidding and procurement
requirements.
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15. Coordination with the Waukee Design Consultant and Project Engineer. Clive, and
its design consultant, if applicable, will submit the plans and specifications, maintenance plan, and
other required documents for the Sponsored Project to Waukee for review at least sixty (60)
calendar days prior to the anticipated bid date for construction of the Sponsored Project.
16. IDNR Review and Approval of Design of the Sponsored Project. After the Waukee
review as set forth above, Clive will submit the design plans and specifications, maintenance plan,
and other required documents for the Sponsored Project to IDNR for review and approval. Clive
agrees to revise the plans and specifications for the Sponsored Project and/or redesign the
Sponsored Project as may be required by IDNR. Clive further agrees that costs incurred due to the
revision or redesign that are determined by IDNR and/or IFA to be ineligible for reimbursement
pursuant to the Waukee SRF loan that includes the Sponsored Project, or that are incurred and/or
become due beyond the total Loan Amount, shall be the sole cost and expense of Clive, and Waukee
shall not be responsible or liable for payment of any such costs or expenses.
Part IV - Construction of the Sponsored Project
19. General. Clive is solely responsible for the administration and cost of construction
of the Sponsored Project, and for compliance with the terms set forth herein.
20. Conditions Precedent to Construction. Clive will not bid or commence construction
of the Sponsored Project until the following conditions precedent are met:
A. IDNR and the appropriate environmental agencies, as determined by IDNR,
have approved the design, water quality volume calculations, or other specifications of the
Sponsored Project.
B. Waukee and IDNR have approved the bid documents for the Sponsored
Project.
C. An approval letter has been issued by IDNR indicating that the Sponsored
Project meets SRF requirements.
D. The purchase price of any property interests required to construct the
Sponsored Project (the “Sponsored Project Required Interests”), as agreed upon between
the property owner(s) and Clive, have been paid by Clive to the property owner(s).
E. Any and all required permits have been obtained.
F. Any and all required environmental and historical clearances (including but
not limited to permit(s) or categorical exclusion(s)) have been obtained.
21. Permitting. Clive shall obtain any and all permits necessary for construction of the
Sponsored Project, including but not limited to permits that may be required from the Iowa
Department of Natural Resources, the U.S. Army Corps of Engineers, and the Iowa Department of
Transportation, and permits or clearances related to environmental and historical reviews of the
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Sponsored Project improvements and/or the Sponsored Project Required Interests.
22. Design. The Sponsored Project shall be constructed in accordance with the design
undertaken and approved by the Parties and the IDNR as set forth herein above.
23. Competitive Bid. The parties agree that Clive shall prepare, or cause to be prepared,
the bid documents for the construction contract for the Sponsored Project that comply with and
include all SRF requirements. Construction of the Sponsored Project will be let and accomplished
through a public improvement contract between Clive and the project contractor. Clive will prepare
plans, specifications, cost estimate and contract documents and make all publications and Clive will
hold hearings, as required by Chapter 26 of the Iowa Code, for the award of the project contract.
The parties agree, that the award of contract for the Sponsored Project shall be, in accordance with
Chapter 26 of the Iowa Code, to the lowest responsive and responsible bidder.
24. Construction Administration. Clive agrees to provide construction administration
services, either through the community itself, or procurement of outside services, in conjunction
with the construction of the Sponsored Project. Construction administration services shall include,
but not be limited to, the following:
A. Require the contractor to obtain, and to maintain in continuous effect, the
insurance coverages and the performance, maintenance and payment bond as specified in
the contract documents;
B. Provide qualified personnel to observe the progress of construction at
appropriate stages to determine if the work is proceeding on schedule and being performed
in accordance with the design documents and related contract documents;
C. Perform compaction tests and test materials provided or emplaced by
contractor to determine compliance with the design documents and related contract
documents;
D. Review contractor requests for progress payments to determine the
appropriateness thereof;
E. Process contractor requests for progress payments, obtain approval of
appropriate progress payments by Clive, and make progress payments to contractors,
withholding therefrom the retainage pursuant to Chapter 573 and Chapter 26 of the Iowa
Code, in accordance with the requirements set forth below;
F. Review contractor requests for change orders and time extensions to
determine the appropriateness thereof;
G. Process contractor requests for change orders and time extensions, obtain
approval thereof by the IDNR as necessary, and make change order payments to
contractors, withholding therefrom the retainage pursuant to Chapter 573 and 26 of the
Iowa Code, in accordance with the requirements set forth below;
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H. Process claims made by subcontractors and material suppliers pursuant to
Chapter 573 and Chapter 26 of the Iowa Code, and administer the retainage fund in
accordance therewith;
I. Upon contractor request for final payment, conduct a final inspection and
develop a punch list of items for completion, if any;
J. Maintain all project documents and records for the mandatory three (3)-year
retention period from the date of final payment for inspection and auditing by Waukee
and/or by any authorized governmental agency, including but not limited to IDNR and IFA;
and
K. Administer Davis-Bacon wage compliance, if applicable.
25. Change Orders. Clive will provide proposed change order(s) to Waukee for review.
Following review by Waukee and approval by IDNR, Clive, at its sole cost and expense, shall have
authority to approve change orders to the contract documents and to pay cost increases thereby
incurred. Clive shall give reasonable notice to Waukee of each change order, and no such change
order shall be approved unless and until reviewed by Waukee and approved by IDNR. Clive shall
bear the expense of such change order(s) for work necessary for the Sponsored Project that are
determined by IDNR and/or IFA to be ineligible for reimbursement pursuant to the Waukee SRF
loan that includes the Sponsored Project, or that are incurred and/or become due beyond the total
Loan Amount. Waukee shall not be responsible or liable for payment of any such change order(s).
Waukee’s failure to respond to notice of a change order shall be deemed acceptance after fifteen
(15) days. In the event of a dispute over a change order, the Parties shall promptly confer to resolve
the disagreement. If the disagreement cannot be resolved within thirty (30) days thereafter, either
party may pursue its legal remedies.
26. Certification of Installation. Upon substantial completion of the Sponsored Project
improvements, Clive shall submit to Waukee a written certification from a licensed engineer that
the installation was properly done and constructed in substantial conformance with the plans and
specifications for the project. Clive acknowledges and agrees that Waukee will rely on this
certification, and that Clive will be liable for all resulting costs, expenses, or claims if the
certification is determined to be inaccurate or incomplete. Waukee will provide this certification to
IDNR for review and approval and for conducting of final inspection(s).
27. Final Inspection. When the contractor(s) requests final payment under the contract
for the Sponsored Project, Clive shall arrange for a final inspection of the project improvements
and shall inform Waukee and IDNR in writing of the date and time thereof. Clive acknowledges and
agrees that both Waukee and IDNR have the right to attend and conduct final inspection(s). Waukee
agrees to provide a qualified representative to attend and participate in such final inspection. Clive
shall be solely responsible for developing the punch list of work items for completion and shall in
its sole discretion determine when such items have been completed, subject to review by Waukee
and/or approval by IDNR.
28. Construction Cost; Reimbursement Requests.
A. Clive shall be solely and fully responsible for upfront payment of all costs
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associated with the bidding, construction, and construction administration of the Sponsored
Project, including but not limited to permitting, monitoring, inspection and administration,
construction costs, and change orders for work necessary for the project.
B. During the course of construction, Clive may submit to Waukee written
reimbursement requests for payment of such project costs, progress payments, and
change orders not to exceed the Total Payment amount set forth in Paragraph 48 of this
agreement. Said reimbursement requests shall include copies of invoices and other
documentation reasonably requested by Waukee. To the extent Waukee has elected to
pay any portion of the Total Payment with SRF Funds, reimbursements from the Loan
Amount are subject to the eligibility requirements for SRF loan reimbursement. If in
accordance with the Sponsored Project plans and design, Waukee will pay all
reimbursement requests, or will submit the reimbursement requests to IDNR and/or IFA
for verification of eligible costs, approval, and payment from the Loan Amount, within
twenty-one (21) days of receipt of the reimbursement request.
C. Clive acknowledges and agrees that Waukee and/or IDNR and/or IFA may
request additional documentation or information relating to Clive’s reimbursement
request(s), and that IDNR and/or IFA may determine that the reimbursement request
includes ineligible costs that will not be reimbursed through the Waukee SRF loan for the
applicable Sponsored Project, and Clive further agrees that it is solely responsible for any
costs determined to be ineligible and not reimbursable through the Waukee SRF loan (to
the extent Waukee elects to pay any portion of the Total Payment with SRF Funds), and/or
any costs that are incurred and/or become due beyond the Loan Amount, and Waukee shall
not be responsible or liable for payment of any such costs or expenses.
D. Clive acknowledges and agrees that Waukee will rely on Clive's
reimbursement requests, copies of invoices, and documentation of project costs for the
Sponsored Project, and that Clive will be liable for all resulting costs, expenses, or claims
if such information is determined to be inaccurate or insufficient for SRF reimbursement
purposes.
29. Ownership and Maintenance of Improvements.
A. Clive shall be deemed to be the owner of the Sponsored Project
improvements. Clive, at its sole cost and expense, shall provide for the operation,
maintenance, and repair of the Sponsored Project improvements for the design life of
the Sponsored Project practices or the term of the amended Waukee SRF loan that includes
the Sponsored Project, whichever duration is greater, in accordance with any maintenance
plan developed for the Sponsored Project and approved by IDNR, good engineering
practices, and all applicable local, state, and federal laws, rules and regulations. Clive
acknowledges and agrees that the costs of operation, maintenance, and repair of the
Sponsored Project improvements are not SRF-eligible and will not be reimbursed to Clive.
B. If Clive fails to maintain or repair the Sponsored Project improvements as
determined by IDNR or any other governmental entity associated with administration
and/or funding of the amended Waukee SRF loan for the applicable Waukee improvement,
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and Clive fails to initiate maintenance or repair within sixty (60) days of receiving notice
of the need thereof, such failure to maintain or repair shall constitute a default of this
Agreement. In addition to or in lieu of the remedies provided elsewhere in this Agreement,
Waukee may also elect to pursue either of the following remedies against Clive:
(1) Specific performance in enforcement of the maintenance obligations
set forth in this Paragraph; or
(2) Waukee, as agent of Clive, and/or Waukee's contractor(s),
subcontractor(s), consultant(s), employees, agents and assigns, may enter upon the
Sponsored Project Required Interests, and upon any other property interests owned
by Clive upon which the Sponsored Project improvements are located, with ten (10)
days’ prior notice, and may perform any and all work determined necessary by
Waukee to maintain or repair said improvements, and may either bill all costs of
said work, including but not limited to design, construction, and administration
costs, to Clive, which bill shall be due within thirty (30) days of the date thereof, or
may pursue said costs as damages against Clive during legal or arbitration
proceedings. Clive hereby designates Waukee to act as Clive’s agent, at Waukee’s
sole discretion, for purposes of this Paragraph.
Part V - Design of the Waukee Outfall Sewer - Administration and Costs
30. General. Waukee is solely responsible for the administration and cost of design
of the Waukee Outfall Sewer, and for compliance with the terms set forth herein.
31. Permits. Waukee is solely responsible for obtaining all permits and approvals
required for the construction of the Waukee Outfall Sewer and for all costs associated with
obtaining said permits and approvals.
32. Design of Waukee Outfall Sewer; Payment of Design Costs. Waukee, at its sole
cost and expense, has designed the Waukee Outfall Sewer, or shall design the Waukee Outfall Sewer.
Waukee shall be responsible for all costs associated with the design and letting of said project. Waukee shall cause
the design of the Waukee Outfall Sewer to be completed in accordance with standard engineering
practices and certified by a licensed engineer and shall contain all IDNR and all other
requirements applicable to construction of the Project. Waukee is responsible for complying with
all requirements. Waukee is solely responsible and liable for any and all design costs and expenses
for the design of the Project. Clive shall not be responsible or liable for payment of any costs or
expenses related to the design or permitting of the Project.
33. State and Local Design Procurement Requirements. Waukee has complied, and
shall continue to comply, with any and all applicable State and local bidding and procurement
requirements.
34. Coordination with Clive and Waukee Design Consultant and Project Engineer.
Waukee, and its design consultant if applicable, will submit the plans and specifications,
maintenance plan, and other required documents for the Waukee Outfall Sewer to Clive for review
and approval prior to the bid date for construction of the Waukee Outfall Sewer, and will
coordinate with Clive to ensure that the design of the Waukee Outfall Sewer does not conflict with
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the design, construction, operation, or maintenance of any Clive improvement(s) or infrastructure.
In the event of conflict, the plans and specifications for the Waukee Outfall Sewer will be revised
and/or the Waukee Outfall Sewer will be redesigned by Waukee, at Waukee’s sole cost and to the
written approval of Clive, to avoid such conflict. Waukee shall require its design consultant to
provide insurance and to indemnify Clive against claims arising out of the design of the Waukee
Outfall Sewer.
35. IDNR Review and Approval of Design of Waukee Outfall Sewer. After the Clive
review as set forth above, Waukee will submit the design plans and specifications, maintenance
plan and other required documents for the Waukee Outfall Sewer to the IDNR for review and
approval. Waukee agrees to revise the plans and specifications for the Waukee Outfall Sewer
and/or to redesign the Waukee Outfall Sewer as may be required by IDNR, and further agrees that
costs incurred due to the revision or redesign that are determined by the IDNR, shall be the sole
cost and expense of Waukee, and Clive shall not be responsible or liable for payment of any such
costs or expenses.
Part VI - Construction of the Waukee Outfall Sewer
36. General. Waukee is solely responsible for the administration and cost of
construction of the Waukee Outfall Sewer, and for compliance with the terms set forth herein.
37. Conditions Precedent to Construction. Waukee will not bid or commence
construction of the Waukee Outfall Sewer until the following conditions precedent are met:
A. IDNR and the appropriate environmental agencies, as determined by IDNR,
have approved the design of the Waukee Outfall Sewer.
B. Clive and IDNR have approved the bid documents for the Waukee Outfall
Sewer.
C. An approval letter has been issued by IDNR indicating that the Waukee
Outfall Sewer permit has been issued.
D. The purchase price of any property interests required to construct the
Waukee Outfall Sewer (the “Outfall Sewer Required Interests”), have been agreed upon
between the property owner(s) and Waukee.
E. Any and all required permits have been obtained.
F. Any and all required environmental and historical clearances (including but
not limited to permit(s) or categorical exclusion(s)) have been obtained.
38. Permitting. Waukee shall obtain any and all permits necessary for construction of
the Waukee Outfall Sewer, including but not limited to permits that may be required from IDNR,
the U.S. Army Corps of Engineers, and the Iowa Department of Transportation, and permits or
clearances related to environmental and historical reviews of the Waukee Outfall Sewer and/or
the Outfall Sewer Required Interests.
39. Design. Waukee Outfall Sewer shall be constructed in accordance with the design
undertaken and approved by Clive and the IDNR as set forth herein above.
40. Competitive Bid. The parties agree that Waukee shall prepare, or cause to be
prepared, the bid documents for the construction contract for the Waukee Outfall Sewer that
comply with the approved design documents. Construction of the Waukee Outfall Sewer will be
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let and accomplished through a public improvement contract between Waukee and the Waukee
Outfall Sewer project contractor. Waukee will prepare plans, specifications, cost estimate and
contract documents and make all publications and Waukee will hold hearings, as required by
Chapter 26 of the Iowa Code, for the award of the Project contract. The parties agree, that the
award of contract for the Waukee Outfall Sewer shall be, in accordance with Chapter 26 of the
Iowa Code, to the lowest responsive and responsible bidder.
41. Construction Administration. Waukee agrees to provide construction
administration services, either through the community itself, or procurement of outside services,
in conjunction with the construction of the Waukee Outfall Sewer. Construction administration
services shall include, but not be limited to, the following:
A. Require the contractor to obtain, and to maintain in continuous effect, the insurance
coverages and the performance, maintenance and payment bond as specified in the
contract documents;
B. Provide qualified personnel to observe the progress of construction at appropriate stages
to determine if the work is proceeding on schedule and being performed in accordance
with the design documents and related contract documents;
C. Perform necessary testing of construction materials and construction to determine
compliance with the design documents and related contract documents;
D. Review contractor requests for progress payments to determine the appropriateness
thereof;
E. Process contractor requests for progress payments and make progress payments to
contractors, withholding therefrom the retainage pursuant to Chapter 573 and Chapter 26
of the Iowa Code, in accordance with the requirements set forth below;
F. Review contractor requests for change orders and time extensions to determine the
appropriateness thereof, in accordance with the requirements set forth in Paragraph 42;
G. Process contractor requests for change orders and time extensions and make change order
payments to contractors, withholding therefrom the retainage pursuant to Chapter 573
and 26 of the Iowa Code, in accordance with the requirements set forth in Paragraph 42;
H. Process claims made by subcontractors and material suppliers pursuant to Chapter 573
and Chapter 26 of the Iowa Code, and administer the retainage fund in accordance
therewith;
I. Upon contractor request for final payment, conduct a final inspection and develop a
punch list of items for completion, if any, for review by Clive. Final approval shall not be
issued without Clive’s review and final approval of the project’s condition and progress;
J. Maintain all Project documents and records for the mandatory three (3)-year retention
period from the date of final payment for inspection and auditing by Clive and/or by any
authorized governmental agency, including but not limited to IDNR; and
K. Administer Davis-Bacon wage compliance, if applicable.
42. Change Orders. Waukee will submit proposed change order(s) to Clive for review
and approval. Following review and approval by Clive, Waukee, at its sole cost and expense, shall
have authority to approve change orders to the contract documents and to pay cost increases
thereby incurred. Waukee shall give reasonable notice to Clive of each change order, and no such
12
change order shall be approved, unless and until reviewed and approved by Clive. Waukee shall
bear the expense of such change order(s) for work necessary for the Waukee Outfall Sewer and
Clive shall not be responsible or liable for payment of any such change order(s). In the event of a
dispute over a change order, the Parties shall promptly confer to resolve the disagreement. If the
disagreement cannot be resolved within thirty (30) days thereafter, either party may pursue its
legal remedies.
43. Certification of Installation. Upon substantial completion of the Waukee Outfall
Sewer, Waukee shall submit to Clive a written certification from a licensed engineer that the
installation was properly done and constructed in substantial conformance with the plans and
specifications for the Project. Waukee acknowledges and agrees that Clive will rely on this
certification, and that Waukee will be liable for all resulting costs, expenses, or claims if the
certification is determined to be inaccurate or incomplete. Waukee will provide this certification to
the IDNR for review and approval and for conducting of final inspection(s).
44. Final Inspection. When the contractor(s) requests final payment under the contract
for the Waukee Outfall Sewer, Waukee shall arrange for a final inspection of the project
improvements and shall inform Clive in writing of the date and time thereof. Waukee acknowledges
and agrees that Clive has the right to attend and conduct final inspection(s). Clive agrees to provide a
qualified representative to attend and participate in such final inspection. Waukee shall be solely
responsible for developing the punch list of work items for completion and shall in its sole
discretion determine when such items have been completed, subject to approval by Clive and/or
IDNR.
45. Construction Cost; Reimbursement Requests. Waukee shall be solely and fully
responsible for payment of all costs associated with the bidding, construction, and construction
administration of the Waukee Outfall Sewer, including but not limited to permitting, monitoring,
inspection and administration, construction costs, and change orders for work necessary for the
project.
46. Ownership and Maintenance of Improvements.
A. Waukee and/or its assignees shall be deemed to be the owner of the Waukee
Outfall Sewer improvements and shall take possession and assume control thereof,
following completion. Waukee assumes the following maintenance and repair
obligations, which obligations shall terminate and be of no further effect upon Waukee’s
transfer and/or assignment of the Waukee Outfall Sewer to the WRA:
(1) Waukee, at its sole cost and expense, shall provide for the operation, maintenance,
and repair of the Waukee Outfall Sewer for the service life of the Waukee Outfall
Sewer, in accordance with good engineering practices and all applicable local,
state, and federal laws, rules and regulations. Waukee acknowledges and agrees
that the costs of operation, maintenance and repair of the Waukee Outfall Sewer
will be the sole responsibility of Waukee.
(2) If Waukee fails to maintain or repair the Waukee Outfall Sewer as determined by
Clive, the IDNR, or any other governmental entity associated with the permitting
and or oversight of said improvement, such failure to maintain or repair shall
constitute a default of this Agreement. In addition to or in lieu of the remedies
provided in elsewhere in this Agreement, Clive may also elect to pursue either of
the following remedies against Waukee:
i. Specific performance in enforcement of the maintenance obligations
13
set forth in this Paragraph; or
ii. Clive, as agent of Waukee, and/or Waukee’s contractor(s),
subcontractor(s), consultant(s), employees, agents and assigns, may enter
upon the Outfall Sewer Required Interests, and upon any other property
interests owned by Waukee upon which the Waukee Outfall Sewer is
located, with ten (10) days’ prior notice, and may perform any and all work
determined necessary by Clive to maintain or repair said improvements, and
may either bill all costs of said work, including but not limited to design,
construction, and administration costs, to Waukee, which bill shall be due
within thirty (30) days of the date thereof, or may pursue said costs as
damages against Waukee during legal or arbitration proceedings. Waukee
hereby designates Clive to act as Waukee’s agent, at Clive's sole discretion,
for purposes of this Paragraph.
Part VII – Clive Conveyance of Property Easement Interests to Waukee
47. Grant of Temporary Construction Easements and Permanent Easements. Clive shall
grant temporary construction easements and permanent sanitary sewer easements to the City of
Waukee on the forms attached hereto as attached as Exhibit C, which include precise legal
descriptions of the easements in metes and bounds, to allow for the construction, installation,
operation, and maintenance of the Waukee Outfall Sewer and associated infrastructure on and
across the parcels identified on Exhibit D, and road and right of way crossings within its jurisdiction
as may be necessary, as requested by Waukee and subject to Clive’s review and approval
(collectively, the “Easements”).
48. Payment by Waukee. As a condition to and as consideration for Clive’s conveyance
of the Easements, Waukee agrees to pay unto Clive the sum of One Million One Hundred One
Thousand Three Hundred Fifty Dollars and Zero Cents ($1,101,350.00) (the “Total Payment”) as
follows:
(1) Waukee shall pay Clive One Hundred Seventy-Two Thousand Three Hundred Fifty
Dollars and Zero Cents ($172,350.00) on the Effective Date (the “Initial Payment”);
(2) Waukee shall pay invoices submitted by Clive during the course of construction of
the Sponsored Project in accordance with Paragraph 28(b) above (the “Construction
Reimbursements”), not to exceed the Total Payment amount;
(3) Waukee shall pay the remainder of the Total Payment, less the Initial Payment and
any Construction Reimbursements, by the earlier of February 1, 2025 or thirty (30)
days following final completion of the Sponsored Project (the “Subsequent
Payment”).
Any obligation to pay hereunder is not conditioned on and shall occur regardless of whether
IDNR and/or IFA approve or reject the Sponsored Project’s Application and regardless of whether
the Loan Amount is issued. The Parties acknowledge and agree that Waukee, in its discretion, may
use SRF Funds to pay some, all, or none of the Total Payment.
49. Payment and Easement Conveyance Schedule. Within 30 days of approval of this
agreement, Clive shall convey the required Easements to Waukee by executing and delivering a
grant of easements substantially the same as those attached hereto as Exhibit C. Clive’s obligation
to convey the Easements is expressly conditioned on Waukee’s timely fulfillment of its Initial
14
Payment obligation as set forth in Paragraph 48(1). Waukee’s failure to timely comply with any
and all of its payment obligations under Paragraph 48 shall be a default of this Agreement, and in
such event, Waukee shall be responsible for any and all attorney’s fees and expenses incurred by
Clive to recover any outstanding payments from Waukee. Notwithstanding anything to the contrary
contained herein, Waukee’s failure to meet a payment deadline shall not constitute default of this
Agreement so long as such payment delay is due entirely to the IDNR’s delay in distributing SRF
Funds through no fault of Waukee’s.
Part VIII – General Provisions
50. Notices and Invoices. All notices which the parties are authorized or required to
give one another pursuant to this Agreement, and all reimbursement requests, shall be in writing
and may be personally delivered or sent by ordinary mail to the addresses hereafter provided.
Mailed notices or invoices shall be deemed to be received by the party to whom directed when they
are postmarked. Such notices and invoices shall be delivered or mailed to the following persons at
the addresses listed:
Notices to Waukee:
Public Works Director
City of Waukee
805 University Ave
Waukee, Iowa 50263
Notices to Clive:
Public Works Director
City of Clive
2123 NW 111th St
Clive, Iowa 50325
Notices to IDNR:
State Revolving Fund
Iowa Department of Natural Resources
Wallace State Office Building
502 E. 9th St
Des Moines, Iowa 50319-0034
51. Audit. Waukee may, by notice in writing, request access to Clive’s records for
purposes of conducting an independent audit of costs and expenses billed or to be billed pursuant
to this Agreement, or for the purpose of providing access for such audit to IDNR, IFA, or any other
governmental entity associated with administration and/or funding of the Waukee SRF loan for the
applicable Waukee improvement. Such notice shall identify the records sought for audit. Clive shall
provide access to the records sought for audit within thirty (30) calendar days after receipt of the
audit request. A copy of the audit findings shall be promptly provided to Clive. In the event that
such audit reveals overpayment to Clive, Clive shall make such refund as the audit determines is
proper.
15
52. Declaration of Default and Notice.
A. In the event that either party determines that the other party has defaulted in
the performance of its obligations hereunder, the aggrieved party may declare that default
has occurred and give notice thereof to the defaulting party. Notice of default shall be given
in writing, shall specify the nature of the default and the provision of the Agreement
involved, and shall specify what action is required of the defaulting party to correct the
default. The defaulting party shall have thirty (30) days from the date of its receipt of the
notice of default to correct the default. If at the end of said thirty (30)-day period the default
has not, in the opinion of the aggrieved party, been corrected, that party may thereupon
pursue legal remedies available to it or may terminate the Agreement as provided in
Paragraph 53 of this Agreement.
B. In addition to the foregoing, in the event that it is determined by IDNR, IFA,
any other governmental entity associated with SRF funding, or by judicial determination,
that Clive has not complied with SRF requirements such that (1) the Waukee SRF original
loan amount, or any portion thereof, is not able to be reimbursed to Waukee for the
applicable Waukee improvement, and/or (2) reimbursements to Waukee and/or Clive made
under the Waukee SRF original loan amount and/or the loan amount are required to be
repaid, then Clive shall pay to Waukee, within sixty (60) calendar days of written notice from
Waukee of such non-compliance, any and all amounts and costs that are not able to be
reimbursed to Waukee for the applicable Waukee improvement and/or which are required
to be repaid.
53. Termination. This Agreement may be terminated by either party in the event of
uncured default by the other party under Paragraph 52 of this Agreement. The terminating Party
must give written notice of termination to the defaulting Party, and any termination shall be effective
on the thirtieth (30th) day following the giving of notice.
54. Indemnification. Each party and its assigns shall indemnify and hold the other party
and its assigns harmless from and against all claims, demands, actions, and/or cause of actions,
judgments, settlements, or other costs, including reasonable attorney’s fees, which the party or its
assigns may incur or sustain by reason of the indemnifying party’s breach of this Agreement or
failure to timely meet the responsibilities imposed herein.
55. Severability. If any section, provision, or part of this Agreement shall be found to
be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole
or any section, provision or part thereof not found to be invalid or unconstitutional.
56. Counterparts. This Agreement may be executed in counterparts, each of which so
executed shall be deemed to be an original.
57. Entire Agreement. This Agreement and the Exhibits hereto represent the entire
agreement between Waukee and Clive related to the Sponsored Project, and the Easements. Any
subsequent change or modification to the terms of this Agreement shall be in the form of a duly
executed addendum to this Agreement.
16
58. Addendum. Both parties acknowledge and agree that addenda to this Agreement
may be necessary during the course of design, property acquisition, and/or construction of the
Sponsored Project, including but not limited an addendum for the purpose of compliance with local,
State, and/or federal laws, regulations or SRF requirements in the event that this Agreement and/or
any provision hereof is found to be inconsistent therewith.
[Signature pages follow]
17
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the Effective
Date.
CITY OF CLIVE
By: John Edwards, Mayor
ATTEST:
By: Matthew Graham, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF POLK )
On this day of , 2023, before me the undersigned, a Notary Public
in and for the State of Iowa, personally appeared John Edwards and Matthew Graham, 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 Clive, 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 , 2023, and that John Edwards and Matthew Graham,
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
My commission expires:
18
CITY OF WAUKEE, IOWA
By: Courtney Clarke, Mayor
ATTEST:
_
By: Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF DALLAS )
On this day of , 2023, 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
, 2023, 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
My commission expires:
"/
URBANDALE
CLIVE
WAUKEE
LS #7
Existing WaukeeLift Station No. 7
Starting point of existingClive/District Trunk Seweras described in the agreement
USSDWalnut CreekTrunk Sewer
WRA GrimesConnector SewerNE Outfall Sewer to be constructedas described in the agreementWESTGATE PKWY.
NW 177TH CT.
CREEKSIDE DR.
VALLEYVIEW DR.
TOWN
S
E
N
D
D
R
.
30"
30"
30"
30"
#
#
#
#
NE Outfall Sewer to be constructedas described in the agreement Existing Clive/District Trunk Seweras described in the agreement Terminus of sewersdescribed in the agreement
Enter Clive/DistrictTrunk Sewer at MH-24
Intersection withClive/District Trunk Sewerat MH-28
Exit Clive/DistrictTrunk Sewer at MH-22
Intersection withClive/District Trunk Sewerat MH-9
15
6
t
h
S
T
.
MEREDITH DR.
DOUGLAS PKWY.
BE
R
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S
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I
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.
14
7
t
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.
TANGLEWOOD DR.
NE
W
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.
14
9
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.
16
1
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.
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1
6
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.
NE BOWMA
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16
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.
14
8
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SUTTON DR.
16
2
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.
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9
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.
MAPLE ST.
179
T
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.
BUENA VISTA DR.
284th LN.
NE FOX RUN TRL.
AURORA AVE.
VALLEYVIE
W
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.
NE BOBCAT DR.
NE DOUGLAS PKWY.
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.
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HICKORY DR.
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.
1
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2
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.
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4
6
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.
DELLWOOD DR.
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ALPINE DR.
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.
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.
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1
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.
BOSTON PKWY.
1
4
5
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.
AURORA
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.
WINSTON AVE.
15
0
t
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.
NW
1
6
9
t
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S
T
.
OAKWO
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.
MAPLE DR.
161
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.
15
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.
16
7
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NW
1
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.
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A
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.
NW
1
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1
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.
N
W
1
5
2
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.
NW
1
S
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S
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.
OAK BROOK DR.
MONROE CT.
NE
W
I
L
D
E
N
D
R
.
PRAIRIE DR.
NW
1
6
5
t
h
S
T
.
AUR
O
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A
C
T
.
TOWNSEND AVE.
N
W
1
6
1
s
t
S
T
.
WILDEN DR.
SHARON DR.
15
4
t
h
S
T
.
16
0
t
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S
T
.
GOODMAN DR.
BAXTER DR.
NE COYOTE DR.
N.
W
A
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N
.
1
8
4
t
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S
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.
PRAIRIE AVE.WINSTO
N
C
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.
NE
A
R
C
H
E
R
A
V
E
.
CLEARVIEW LN.
NE MERIDIAN DR.
14
4
t
h
S
T
.
15
3
r
d
S
T
.
OAKBROOK DR.
NE TRAVERSE DR.
15
8
t
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S
T
.
NW
1
5
4
t
h
S
T
.
PHOENIX DR.
17
2
N
D
W
A
Y
15
7
t
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S
T
.
NE GRACEWOOD DR.
NW
1
5
4
t
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C
T
.
NE
R
E
D
W
O
O
D
B
L
V
D
.
NW
G
R
A
C
E
W
O
O
D
D
R
.
AIRLINE AVE.
MADISON DR.
N
W
1
6
9
T
H
S
T
.
N
W
1
6
6
t
h
C
T
.
B
R
O
O
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S
H
I
R
E
D
R
.
WILDON DR.
NE
M
A
C
E
Y
W
A
Y
NE DELLWOOD DR.
NW PIKE CIR.
17
1
s
t
S
T
.
NE PRAIRIE WOLF DR.
NW
1
5
5
t
h
C
T
.
NE
C
O
N
N
E
R
C
T
.
NW
1
5
5
t
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S
T
.
17
2
n
d
S
T
.
15
1
s
t
S
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.
146th CIR
.
N
W
1
7
1
s
t
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T
.
NE 275th CT.
17
8
T
H
S
T
.
15
6
t
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.
16
3
r
d
S
T
.
162nd
S
T
.
15
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t
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S
T
.
GOODMAN DR.
15
9
t
h
S
T
.
16
1
s
t
S
T
.
MAPLE DR.
15
0
t
h
S
T
.
1
4
5
t
h
S
T
.
14
8
t
h
S
T
.
BROOKSHIRE DR.
155
t
h
S
T
.
WILDEN DR.
14
5
t
h
S
T
.
15
4
t
h
S
T
.
MAPLE
D
R
.
16
2
n
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S
T
.
RIDGEM
O
N
T
D
R
.
CLEARVIEW LN.
1
4
9
t
h
S
T
.
14
9
t
h
S
T
.
ALPINE DR.
161st
S
T
.
15
2
n
d
S
T
.
OAKWOOD DR.
BOSTON
P
K
W
Y
.
N.
W
A
R
R
I
O
R
L
N
.
1
4
8
t
h
S
T
.
1
6
0
t
h
S
T
.
14
7
t
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S
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.
WILDE
N
D
R
.
1
4
6
t
h
S
T
.
16
0
t
h
S
T
.
15
7
t
h
S
T
.
15
1
s
t
S
T
.
MONR
O
E
C
T
.
WINSTON AV
E
.
14
6
1
5
3
r
d
S
T
.
14
7
t
h
S
T
.
14
7
t
h
S
T
.
N.
W
A
R
R
I
O
R
L
N
.
144
t
h
S
T
.
1
5
2
n
d
S
T
.
153
r
d
S
T
.
NE DOUGLAS PKWY.
CH
R
3
0
A
L
I
C
E
'
S
R
D
.
DELLWOOD DR.
WILDE
N
D
R
.
162n
d
S
T
.
16
2
n
d
S
T
.
NW
1
6
7
t
h
S
T
.
1
5
4
t
h
S
T
.
NW
1
6
4
t
h
S
T
.
15
0
t
h
S
T
.
15
5
t
h
S
T
.
DELLWOOD DR.
15
4
t
h
S
T
.
16
3
r
d
S
T
.
15
6
T
H
S
T
MEREDITH DR
15
2
N
D
S
T
NW
1
6
4
T
H
S
T
N/A
16
2
N
D
S
T
HICKORY DR
154TH ST
16
0
T
H
S
T
1
4
7
T
H
S
T
AL
P
I
N
E
D
R
WINSTON CT
148
T
H
S
T
ILTIS DR
MEREDITH DR
1
4
7
T
H
S
T
N/A
1" = 1000'
0 1,000500
Feet
±
PROJECT NO. 275353DECEMBER 13, 2022
CITY OF WAUKEE, IOWAWAUKEE NORTHEAST OUTFALL SEWEREXHIBIT A
Existing Clive/Distr
ST
i
.
ct Trunk Sewer (10,540 LF)
Waukee NE Outfall Sewer(18,500 LF )
LEGEND
April 14, 2022
Rudy Koester, Public Works Director
City of Waukee
rkoester@waukee.org
The City of Waukee’s application for a Clean Water SRF Water Resources Restoration Sponsored Project
associated with CWSRF project CS192106301 has been reviewed. The Department has determined that the
City’s Sponsored Project application to stabilize and restore 6,500 LF of Little Walnut Creek was complete and
will be recommended for funding as proposed. The funding recommendations will be included in the 1st quarter
FY 2023 Clean Water SRF Intended Use Plan (IUP) update, which will be released for public review and comment
later this month. The maximum amount available for the sponsored project will be $929,000 but that amount is
subject to change based on the final amount drawn on and the timing of the underlying wastewater loan.
The Iowa Department of Natural Resources and the Iowa Finance Authority will hold a public meeting to receive
comments on the IUP on Thursday, May 12, 2022 at 10:00 a.m. Participants should use the following link
meet.google.com/zum-nuzp-ddp to participate virtually or via conference call using this information: PHONE: 1-
615-965-4655 PIN: 527 705 975 #. Written comments will be accepted through 4:00 p.m. on Thursday, May 19,
2022. Written comments may be directed to Julie Kelso, SRF Nonpoint Source Program Manager via e-
mail: julie.kelso@dnr.iowa.gov. It is anticipated that the Environmental Protection Commission (EPC) will act on
the recommendations at its June 21, 2022 meeting.
Once the funding recommendations are approved, the detailed project review and approval process will begin.
A DNR project manager will be assigned, and a Project Milestone Checklist will be provided to serve as a road
map for project planning and approval.
DNR will hold individual project initiation meetings with applicants, consultants (Jordan Kappos, V&K
Mimi Wagner, Stantec), urban conservationist (Jennifer Welch, IDALS), and any other parties involved in the
project. The participants will discuss the technical requirements and standards for the projects, schedules, SRF
requirements, any permitting requirements (e.g. Army Corps of Engineers, flood plain, storm water, NPDES), 28E
agreements, and any other project issues.
When plans and specifications are prepared, they must be submitted to DNR for review. No construction can
begin until DNR and the appropriate environmental agencies have approved the design, water quality volume
calculations, or other specifications as appropriate. The plans and specs will also require SRF front-end
documents which will be provided to applicants.
The nonpoint source practices eligible for sponsored projects generally do not require wastewater construction
permits from DNR. However, approval letters from DNR will be issued to indicate that the sponsored projects
have met the SRF requirements.
The sponsored project must be bid by the utility in accordance with all applicable bidding laws and all applicable
SRF requirements. The bid documents for the sponsored project must be submitted to DNR for approval using
the sponsored project bid checklist. DNR will check for compliance with federal requirements and determine
whether or not all the costs on the bid form are eligible for SRF reimbursement.
EXHIBIT B
After bids are approved, the wastewater utility must submit or amend its SRF loan application to include the
sponsored project costs. The loan application must be approved by the Iowa Finance Authority (IFA).
The utility must work with bond counsel to schedule a public hearing and pass a resolution authorizing the utility
to enter into a loan amount not to exceed the total cost of the wastewater improvement project and the
sponsored project. Sponsored Project loan amendments must be executed prior to the second principal
payment on the sponsoring Clean Water SRF loan or the Sponsored Project award will be withdrawn.
All SRF loan proceeds are disbursed after the borrower incurs costs. The borrower submits a reimbursement
request to IFA, including copies of invoices and other documentation. Since disbursements are made weekly, the
borrower typically does not need to pay invoices before receiving loan proceeds. The utility must approve all
sponsored project costs before submitting them to IFA for reimbursement. IFA checks all reimbursement
requests against the original approved bid form to make sure all costs are eligible.
We look forward to approval of the project recommendations by the EPC in June, and to working with the City,
its consultants, and other partners to initiate the project once EPC approval is received. If you have questions
regarding the Sponsored Project funding recommendations or process please contact me at 515-321-4104 or
julie.kelso@dnr.iowa.gov.
Sincerely,
Julie Kelso, SRF Nonpoint Source Program Manager
Water Quality Bureau
Iowa Department of Natural Resources
CC via email: Jordan Kappos, V&K
Mimi Wagner, Stantec
Paul Miller, Jennifer Welch, IDALS Urban Conservationists
Tracy Scebold, Lee Wagner, Iowa Finance Authority
EXHIBIT B
SRF Sponsored Project Application
CITY OF WAUKEE, IOWA
MARCH 1, 2022
PREPARED BY:
EXHIBIT B
Clean Water SRF
WATER RESOURCE RESTORATION
Sponsored Projects
APPLICATION COMPLETENESS CHECKLIST
Pre-application consultation held _________________ (date – must be by December 17, 2021)
Application and required attachments (in pdf format) submitted electronically via e-mail, sent by
11:59 p.m. on March 1, 2022.
(If submitting application by mail, a hard copy with original signatures and media containing
electronic files must be postmarked by March 1, 2022)
Application signed by authorized official
CWSRF wastewater project is eligible
Acquisition of Property Form signed by authorized official
Authorizing resolution passed by the wastewater utility’s governing board for the sponsored project
application
Identification of any third-party entity involved and the potential need for a 28E agreement between
the utility and the qualified entity
Identification of water quality organization and any other parties and their expected contribution to
the project
Letters of support from project partners
Letter from the wastewater utility’s bond counsel indicating concurrence with the sponsored project
concept
Project Conceptual Plan including:
Identification of the waterbody, watershed, and water quality concern
Assessment of the impacted waterbody and its watershed
Discussion of project goals and objectives
Evaluation of priority areas identified in the watershed assessment and possible water quality
practices that could be implemented
Description of potential practices to be implemented with the expected water quality
outcomes
Discussion of project locations, land ownership, and any plans for acquiring properties or
easements
Proposed project schedule with major milestones, and discussion of the associated
infrastructure project schedule
Proposed evaluation procedures and measures
Explanation of the proposed budget
Discussion of maintenance for the life of the proposed practice(s)
Preliminary communication plan
December 17, 2021
EXHIBIT B
Clean Water SRF
WATER RESOURCE RESTORATION
Sponsored Project Application
Application Instructions:
•Review and follow the application requirements in the Sponsored Project
Application Process and Guidelines.
•Please print or type the information on the form.
•Complete each section of the application form.
•Sign the application.
•Attach supporting documentation.
•Scan and submit the entire application, with attachments, in PDF form to
srf-iup@dnr.iowa.gov.
Application must be e-mailed by 11:59 p.m. on March 1, 2022
OR, if attachments are too large to transmit, e-mail the application form only by the
deadline above and mail the complete application form with original signatures, all
attachments, and media storage device containing electronic files to the following address:
State Revolving Fund
Iowa Department of Natural Resources
Wallace State Office Building, 502 E. 9th Street
Des Moines, IA 50319-0034
Applications submitted by mail must be postmarked by March 1, 2022
Section 1: Applicant Information
(This information relates to the wastewater utility that will be the Clean Water SRF borrower.)
Applicant Name: City of Waukee
Mailing Address: 805 University Avenue
City, State, Zip + 4 Waukee, Iowa 50263
Authorized Representative: Rudy Koester
Signature:
Title: Public Works Director
Telephone Number: 515-978-7388
E-mail:rkoester@waukee.org
Section 2: SRF Project Status
Choose
One
The project is on the CWSRF Intended Use Plan and is in the “Planning” phase,
SRF Number CS1920
We are submitting this sponsored project application in conjunction with our
CWSRF Intended Use Plan application for DNR Project Number W2022-0164
-
EXHIBIT B
Section 3: Information on the Identified Watershed and Water Quality Issues
(Summarize the information here and expand or add documentation, maps, monitoring data, and other
data in the project conceptual plan attached to this application as shown in Section 7.)
Name of Waterbody: Little Walnut Creek
HUC Number and Name
(where both wastewater utility
and waterbody are located):
HUC8: 07100006
Iowa DNR Waterbody ID Code: IA 04-RAC-3029
Uses for the Waterbody (e.g.
recreation, drinking water,
other):
Class A1P primary contact recreation and Class BWW1P
warmwater aquatic life
Water Quality Concerns (e.g.
sediment, bacteria, nutrients):
Bacteria, Nitrates, Phosphorus, Sediment
Sources of Water Quality
Data (e.g. DNR water
monitoring, IOWATER, US
Geological Survey, utilities,
other):
Iowa DNR ADBNet; Peter Levi, Drake University, monitoring
data: 2019-2020
Nonpoint Source
Contributions to Water
Quality Concerns (e.g. urban
stormwater, soil erosion,
livestock operations, other):
Urban Stormwater, Soil Erosion, Agricultural Runoff,
Streambank Erosion
Primary Water Quality Goal
of the Sponsored Project:
Reduce channel erosion and urban pollutant loading, enhance
aquatic habitat conditions
Section 4: Brief Summary of Proposed Water Resource Restoration Sponsored Project
Describe the scope of the proposed project (i.e., specific solution to the water quality problem).
Summarize the process of analyzing and selecting the most appropriate nonpoint source
practices relating to the unique issues and characteristics of the identified waterbody and
planning area. Provide additional detail in the attachments to this application.
This Water Resource Restoration Sponsored Project application focuses on stabilizing
and restoring 6,500 LF of Little Walnut Creek, within the Little Walnut Creek
Greenway, between Warrior Lane and the Clive/Urbandale corporate limits. A majority
(75%) of the upstream watershed is currently undeveloped and agricultural but has
been designated for urban neighborhood development. The 2016 Walnut Creek
Watershed Management Master Plan identified nitrogen, phosphorus, sediment and
bacteria as issues of concern. A quantitative 2019 stream assessment of the project
area created the baseline information used to prepare this application and develop
design concepts for stabilization and restoration. The entire 14,000 LF reach of Little
Walnut Creek within this greenbelt area is degraded and unstable, discharging an
estimated 14,495 tons of soil erosion annually from the channel itself. This project
application will stabilize and restore the most vulnerable and unstable 6,500 LF of the
channel which generates 51% of this estimated erosion. The City of Waukee is
interested in partnering with the City of Clive and using their SRF funding to stabilize
and restore this segment.
EXHIBIT B
Section 5: Water Quality Organization(s) Involved in Project Planning
Organization Contact Person Email Address
Polk Soil and Water
Conservation District
Jennifer Welch Jennifer.Welch@ia.nacdnet.net
Walnut Creek WMA Johnathon Swanson Johnathon.swanson@polkcountyiowa.gov
City of Clive Jim Hagelie jhagelie@cityofclive.com
Section 6: Qualified Entity Information
Is the applicant proposing to enter into an agreement with a qualified third party entity to implement the
sponsored project?
No
Yes Organization:
Section 7: Sponsored Project Cost
Cost Category Total Estimated
Project Costs
Costs to be
Covered from
Other Funds
Costs to be
Allocated from
Up to 1% of SRF
Loan Interest
Land and Easements
Relocation Expenses
Professional Planning Fees
Professional Design Fees $292,000 $111,676
Professional Construction Fees
Construction $1,950,000 $742,950
Equipment
Miscellaneous
Bond Counsel Fees
Contingencies $195,000 $74,295
TOTAL $928,921
City of Clive
$180,324
$1,207,050
$120,705
EXHIBIT B
Section 8: Attachments
Attachments must be submitted with the application. Applications will not be considered complete
unless all required attachments are submitted.
•Authorizing resolution passed by the wastewater utility’s governing board for the sponsored
project application;
•Identification of any third-party entity involved and the potential need for a 28E agreement
between the utility and the qualified entity;
•Identification of water quality organization and any other parties involved in the project, including
a description of their expected involvement and contribution to funding, planning, design,
selection, and/or implementation;
•Letters of support from project partners including a description of their involvement or
contribution to the project;
•Letter from the wastewater utility’s bond counsel indicating concurrence with the sponsored
project concept;
•Project conceptual plans, including:
•Clearly identified waterbody and water quality concern that are the focus of the application
as well as the clearly identified watershed within which the project will be located;
•Assessment of the impacted waterbody and the entire contributing watershed identified as
the focus of the application. Include water quality data, maps, and other documentation that
evaluates land use, topography, soils, hydrology, etc. adequately to identify the water quality
concern being addressed, sources of the water quality concern, and priority areas
contributing to the identified water quality;
•Discussion of specific project goals and objectives for addressing the identified water quality
concern and the impacted waterbody;
•Evaluation of priority areas identified by the watershed assessment and the possible water
quality practices that could be implemented, considering the unique demographic,
topographic, hydrologic, and institutional characteristics of the planning area. Include
discussion of how the potential project areas were selected and prioritized based on the
contributions to the water quality concern identified in the assessment and other factors that
were considered in the prioritization process;
•Description of potential practices to be implemented with the expected water quality
outcomes. Include drainage area and water quality volume, pollutant inputs and load
reductions estimates or calculations, as applicable, for the areas where practices are
proposed in the project;
•Discussion of project locations, land ownership, and any plans for acquiring properties or
easements. Proposed projects not on City owned land will need to provide a letter of support
from the land owner;
•Proposed project schedule for the associated CWSRF project and proposed sponsored
project with major milestones, along with a discussion of how the sponsored project
construction schedule coordinates with the infrastructure project schedule;
•Proposed evaluation procedures and measures that will be utilized to determine the water
quality improvement and overall success of the project;
•Explanation of the proposed budget, including identification of all other potential or secured
funding sources and amounts, discussion of how the project could be adjusted according to
final amount available through sponsored project mechanism and other funding sources;
•Discussion of plans to maintain the practices and how maintenance will be funded for the life
of the practice.
•Preliminary communication plan indicating how information about the proposed project will be
communicated to and from key audiences, such as community residents, neighbors, city council
or other decision-makers, and other stakeholder groups.
EXHIBIT B
Section 9: Acquisition of Property – Required Form
U.S. ENVIRONMENTAL PROTECTION AGENCY
ASSURANCE WITH RESPECT TO REAL PROPERTY ACQUISITION
OF TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970 AS AMENDED
The (Applicant) hereby assures that it has authority under applicable State
and local law to comply with Section 213 of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 1894 (42 U.S.C. 4601) as amended by the
Surface Transportation and Uniform Relocation Assistance Act of 1987, Title IV of Public Law 100-17,
101 Stat. 246-256 (42 U.S.C. 4601 note) and 49 CFR 1.48(cc); and certifies, assures and agrees that,
notwithstanding any other provision set forth in the application.
1. For projects resulting in the displacement of any person:
a. It will adequately inform the public of the relocation payments and services which will be available as
set forth in Subparts A, C, D and E of 49 CFR 24.
b. It will provide fair and reasonable relocation payments to displaced persons as
required by Subparts D and E of 49 CFR 24.
c. It will provide a relocation assistance program for displaced persons offering
services described in Subpart C of 49 CFR 24.
d. Comparable replacement dwellings will be available pursuant to Subpart F of
49 CFR 24, or provided if necessary, a reasonable period in advance of the time any person is
displaced.
e. In acquiring real property, it will provide at least 90 days written notice to each
lawful occupant of real property acquired, stating the date such occupant is required to move from a
dwelling or to move his business or farm operation.
2. For projects resulting in the acquisition of real property:
a. It will fully comply with the requirements of Subpart B of 49 CFR 24.
b. It will adequately inform the public of the acquisition policies, requirements and
payments which apply to the project.
c. It will make every effort to acquire real property expeditiously through negotiation.
d. Before the initiation of negotiations it will have the real property appraised and give the owner or his
representative an opportunity to accompany the appraiser during inspection of the property, except as
provided in 49 CFR 24.102(c)(2).
e. Before the initiation of negotiations it will establish an amount which it believes to be just
compensation for the real property, and make a prompt offer to acquire the property for that amount;
and at the same time it will provide the owner a written statement of the basis for such amount in
accordance with 49 CFR 24.102.
f. Before requiring any owner to surrender possession of real property it will pay the agreed purchase
price; or deposit with the court, for the benefit of the owner, an amount not less than the approved
appraisal of the fair market value of the property; or pay the amount of the award of compensation in a
condemnation proceeding for the property.
g. If interest in real property is to be acquired by exercise of the power of eminent domain, it will
institute formal condemnation proceedings and not intentionally make it necessary for an owner to
institute legal proceedings to prove the fact of the taking of this real property; and
h. It will offer to acquire the entire property, if acquisition of only part of a property would leave its owner
with an uneconomic remnant.
References to 49 CFR are citations to Title 49, Code of Federal Regulations, Part 24, published in the
Federal Register Vol. 54, No. 40, March 2, 1989.
City of Waukee
EXHIBIT B
This document is hereby made part of and incorporated in any contract or agreement, or any
supplements and amendments thereto, relating to the above-identified application and shall be deemed
to supersede any provision therein to the extent that such provisions conflict with the assurances or
agreements provided therein.
(Legal Name of Applicant)
By ___________________________________________ ____________________________
(Signature of Authorized Representative) (Date)
City of Waukee, Iowa
EXHIBIT B
Table of Contents
1.0 WATERSHED CHARACTERISTICS ........................................................................................................................................ 3
Historical Context ............................................................................................................................................................... 4
Elevation and Topography. ................................................................................................................................................ 7
Existing Land Use and Land Cover. .................................................................................................................................... 8
Soils. .................................................................................................................................................................................... 8
Water Quality. .................................................................................................................................................................... 8
2016 Walnut Creek Watershed Master Plan. .................................................................................................................... 9
2.0 WATERSHED ASSESSMENT ................................................................................................................................................ 9
Stream Conditions .............................................................................................................................................................. 9
Pollutant Loading. ............................................................................................................................................................ 11
3.0 PROJECT GOALS AND OBJECTIVES .................................................................................................................................. 12
4.0 EVALUATION OF POTENTIAL WATER QUALITY PRACTICES & EXPECTED WATER QUALITY OUTCOMES ........................ 12
Practices to be Implemented ........................................................................................................................................... 14
Grade Control: .................................................................................................................................................................. 14
Vegetation Restoration .................................................................................................................................................... 14
Riparian Buffer ................................................................................................................................................................. 14
Bank and Floodplain Restoration .................................................................................................................................... 14
Geomorphic Channel Design ............................................................................................................................................ 14
Aquatic Habitat / Toe Protection Stabilization ............................................................................................................... 14
5.0 PROJECT LOCATION ......................................................................................................................................................... 14
6.0 Project Partners and Organizations ................................................................................................................................ 15
7.0 PROJECT SCHEDULE AND OUTCOMES ............................................................................................................................ 15
8.0 PROJECT EVALUATION PROCEDURES AND MEASURES .................................................................................................. 16
9.0 EXPLANATION OF PROPOSED BUDGET ........................................................................................................................... 16
10.0 PRELIMINARY COMMUNICATION PLAN........................................................................................................................ 17
11.0 References ................................................................................................................................................................ 18
EXHIBIT B
Table of Figures
Figure 1 Watershed Location and 2021 Aerial Photography ................................................................................................................ 3
Figure 2A 1930's Watershed Aerial Photography ................................................................................................................... 4
Figure 3 1960's Watershed Aerial Photography ..................................................................................................................... 4
Figure 4 1990's Watershed Aerial Photography ..................................................................................................................... 5
Figure 5 2009 Watershed Aerial Photography ........................................................................................................................ 5
Figure 6 2016 - 2018 Watershed Aerial Photography ............................................................................................................ 6
Figure 7 2021 Watershed Aerial Photography ........................................................................................................................ 6
Figure 8 2020 Lidar Hillshade Depiction of Watershed Topography ...................................................................................... 7
Figure 9 Watershed Slope Map ............................................................................................................................................... 7
Figure 10 2019 NLCD Watershed Land Cover ......................................................................................................................... 8
Figure 11 USDA NRCS Hydrologic Soil Groups ........................................................................................................................ 8
Figure 12 Existing Erosion Hazard Data for Little Walnut Creek ............................................................................................. 9
Figure 13 Figure 13. Estimated Post-Restoration Erosion Hazard Data for Little Walnut .................................................... 14
Appendices
Appendix A. Design Concept Plans……………………………………………………..19
Appendix B. Letter of Support from Project Partners………………………….24
Appendix C. Letter of Concurrence from the Utility’s Bond Counsel……28
EXHIBIT B
1.0 WATERSHED CHARACTERISTICS
The downstream point of the Little Walnut Creek watershed included in this application is located at the Clive /
Urbandale municipal boundary. This sub-basin is situated within the Little Walnut Creek – Walnut Creek HUC 12-
071000061601. The watershed limits include 6,387 acres and extend approximately to Highway 6 on the south, T
Avenue on the west and 260th Street on the north (Figure 1). Portions of Waukee and the entirety of Clive are included
in the Walnut Creek HUC10 watershed (0710000616). The watershed population is estimated at 8,836 (2020 U.S.
Census). Most of this population resides within the Waukee portion of the watershed, with smaller percentages in Clive
and Urbandale.
Figure 1. Watershed Location and 2021 Aerial Photography
EXHIBIT B
Historical Context
The area within and surrounding Waukee and Clive has seen significant land use change throughout the last century. As
the town grew, riparian areas and naturally connected floodplains, upland meadow and deciduous forests have been
steadily replaced with industry, roads and parking lots, residential housing with traditional lawns, and annual row
cropped land. Historical aerial photographs showing the sub-watershed and the surrounding area between the 1930’s
through 2021 are provided for reference in Figures 2 - 7 below.
Figure 2 - 1930’s Watershed Aerial Photography
Figure 3 - 1960’s Watershed Aerial Photography
EXHIBIT B
Figure 4 - 1990’s Watershed Aerial Photography
Figure 5 - 2009 Watershed Aerial Photography
EXHIBIT B
Figure 6 - 2016 - 2018 Watershed Aerial Photography
Figure 7 - 2021 Watershed Aerial Photography
EXHIBIT B
Elevation and
Topography. The project
area watershed is situated
near the southern limit of the
Des Moines Lobe-- Iowa’s
most recently glaciated
region (Wisner 2002).
Today’s agricultural areas are
located predominantly on a
glacial till plane with low to
moderate relief and a
seasonally high water table.
The Little Walnut Creek
stream valley is located
within a variable alluvium
and colluvium valley. The
exposed gravels, cobbles and
the shale and limestone
outcrops noted on the upper
reaches of the project
corridor likely relate to
underlying Dows Formation,
Noah Creek Formation, or
Pennsylvanian bedrock exposures. Geologically this stream valley is a low relief, modern floodplain. The 2020 color lidar
hillshade illustrated in Figure 8 illustrate the till plain in browns and reds and the Little Walnut Creek stream valley in
yellow, green and blue layers.
As one would expect with this surficial
geology, slopes on the till plan are
low, while those in the stream valley
of Little Walnut Creek and its
tributaries are steeper. Figure 9
depicts slope class. Special attention
to slope areas >30% are important
because they preclude the use of
mechanized equipment for vegetative
restoration. On steeper slopes, hand
clearing, shaping, and plant
establishment increases the cost of
restoration and buffer establishment.
Figure 9. Watershed Slope Map
Figure 8. 2020 Lidar Hillshade Depiction of Watershed Topography
EXHIBIT B
Existing Land Use and Land Cover. Land use within the project area watershed is currently split primarily between
row-cropped agriculture and urban land uses. National Land Cover Database 2019 data were used to characterize
current landcover. Agricultural land cover types occupy 72% of the watershed in the upper (northwestern and western)
part of the watershed, while urban development occupies another 26%. The remaining 2% of the watershed includes
forested area, grasslands and wetlands (Figure 10). Undeveloped agricultural portions of the watershed have been
identified by Waukee, Clive and Urbandale as planned future residential development.
Soils. Although soils in already-
developed portions of the watershed
are likely altered, compared to
mapped conditions in the USDA NRCS
Soil Survey, the original soil
characteristics are still important for
understanding the basic runoff and
infiltration properties. Fifty-seven
percent (3,614 acres) of the watershed
is mapped with somewhat poorly,
poorly drained, or very poorly drained
(B/D or C/D) soil types (Figure 11).
These hydrologic soil groups have
relatively low infiltration and high
potential for runoff. During moderate
to heavy rainstorms, runoff from these
soils are expected to contribute higher
amounts of sediment, nutrients, and
other urban pollutant loading
compared to well-drained (B) soil
types.
Water Quality. The segment of Little
Walnut Creek included in this project area
is not included on Iowa’s draft 2020
impaired waters (303d) list. Further
downstream, Walnut Creek itself is
included on the draft 2020 list impaired for
indicator bacteria and E coli. A multiple-
year ecological study of Walnut Creek is
currently being conducted by Drake
University faculty member Peter Levi and
his undergraduate students. A sampling
point in Levi’s study is directly downstream
of the sub-watershed included in this
project. Levi’s data identified that E. coli
concentrations were positively related to
stream water turbidity, suggesting that
reducing sediment loads in Walnut Creek
Figure 3. Hydrologic Soil Group Conditions in the
project area watershed
Figure 11. USDA NRCS Hydrologic Soil Groups
Figure 10. 2019 NLCD Watershed Land Cover
EXHIBIT B
can, in turn, reduce E. coli concentrations (Levi 2021). E. coli concentrations exceeded the EPA recreational standards
(i.e., 235 CFU/mL) at the location in Walnut Creek on 31 of 69 sampling dates during the two-year study. The highest
concentrations were recorded following spring and summer rain events and coincided with periods of higher turbidity.
2016 Walnut Creek Watershed Master Plan. This proposed project directly addresses concerns and
recommendations in the 2016 Walnut Creek Watershed Master Plan. As previously described, this SRF project area sub-
watershed basin sits within the larger Walnut Creek Watershed in eastern Dallas and western Polk counties, an 82.8
square mile basin. This watershed has seen urban development at the average rate of 430 acres annually. This
urbanization has already had impacts on water quality and streambank stability. Currently, flooding, nutrient loading,
bacteria and eroded soils (sediment) negatively impact public health, reduce habitat and undermine the ability of
Walnut Creek to serve as a Central Iowa amenity. The 2016 Walnut Creek Watershed Master Plan was adopted by the
cities of Waukee and Clive. The goals of the plan were established through an extensive public outreach process and are
as follows: mitigate flooding, improve water quality, protect natural resources and improve recreation while maintaining
economic health. Nitrogen, phosphorus, sediment, and pathogens were identified as the most important pollutants to
be addressed in terms of water quality. The plan identified streambank erosion as the number one source of sediment in
the watershed. The Little Walnut Creek watershed was selected to be further analyzed in the Management Plan as a
“Developing Case Study Area.” The key recommendations for the Little Walnut Creek sub-watershed were acquisition of
property to protect Little Walnut Creek and other critical waterbodies, addressing streambank erosion and buffer
protection along the stream and its tributaries. The full 2016 watershed plan can be accessed: Walnut Creek
Watershed|Walnut Creek Watershed (frb.io).
2.0 WATERSHED ASSESSMENT
Stream Conditions. Stantec assessed site conditions in November 2021 to gain insights into stream bank conditions.
Stantec also reviewed quantitative Bank Erosion Hazard Index (BEHI) data from the 2020 City of Clive – Greenbelt
Stream Corridor Assessment. Stantec estimated the rate of streambank erosion on individual reaches in the project area
by assigning Near Bank Stress (NBS) values using RIVERMorph software. BEHI channel data from Little Walnut Creek
were compared with datasets of similar types of stable rivers. These assessments were performed in a manner
Figure 12. Existing Erosion Hazard Data for Little Walnut Creek
EXHIBIT B
consistent with Rosgen’s WARSSS Prediction Level Assessment (Rosgen 2009). BEHI and NBS rating scores for the
project area are shown in Figure 12. Table 1 includes a summary version of BEHI and NBS metric scores as well as
erosion rates calculated in RIVERMorph software.
Table 1. Little Walnut Creek Sediment Loading Estimates. Sediment erosion rates from the channel itself were calculated using
RIVERMorph software. Segments 1, 5, and 6, the SRF segments, are the most severely eroded in the project area.
Assessment of Little Walnut Creek in the identified project areas
indicates the channel is degraded and unstable in many locations.
This SRF project is focused on Segments 1, 5, and 6 (44% of the total
channel length shown in Figure 12) which generates 51% of the
eroded sediment. The channel in the project area is degraded,
meaning that it is deeper, wider, and vertically disconnected from
its floodplain compared to more stable channel forms. Degraded
stream conditions typically occur following cycles of bed
scour/downcutting and bank erosion. Degraded channels are
identified by:
• Higher width/depth ratios, a measure of channel cross section
geometry based on bankfull width and depth. A width/depth ratio range of 12 - 18 would be ideal for this type
of stream, while segments in this project have a ratio >20.
• Increased bank height ratios, a relative measure of the floodplain connectivity to the bankfull channel. A bank
height ratio of 1.0 is ideal on this type of stream while the average in this project area is 2.55. As bank height
increases, the bank height ratio becomes greater than 1, and larger flow events are confined within the channel
banks. These larger flows result in increased shear stress and stream power, increasing bank erosion rates and
vegetation loss.
• Degradation is often associated with clean water discharge from storm drainage systems, impoundments, and
changes in watershed hydrology. All of these conditions are present in the Little Walnut Creek project area sub-
basin.
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1 5800 8.0 3.0 0.70 85 70 30 0 0 36.9 High 4 Extreme 2,953
2 5050 8.6 3.5 1.00 71 60 30 0 0 35.2 High 4.3 Extreme 2,764
3 6600 8.3 3.5 1.80 57 65 30 0 0 33.8 High 2.77 Very High 2,300
4 5100 9.0 4.0 1.80 57 70 30 0 0 34.5 High 3 Very High 1,992
5 3350 9.4 4.0 1.80 57 80 30 0 0 35.9 High 4.09 Extreme 2,004
6 3900 10.0 4.0 1.80 57 80 30 0 0 36.3 High 5 Extreme 2,482
Subtotal Estimated Annual Erosion in the SRF Segments (1, 5, 6) of Project Reach (tons/year) 7,439
Total Estimated Annual Erosion in Total Project Reach (tons/year) 14,495
(Segment 1) This culvert formerly conveyed drainage to Little
Walnut Creek but has failed. Restoration of an open water
tributary, and removal of the broken culvert, is illustrated on page
2 of the concept design, Appendix A.
EXHIBIT B
The entire channel length illustrated in Figure 12 is laterally eroding and widening at an average rate of 1.3 feet per year,
producing an estimated 14,495 tons of sediment annually from bank erosion. The natural stream-type succession
scenario for streams like Little Walnut Creek within the project reach suggests the channel is likely to continue to widen
and laterally migrate, putting the adjacent infrastructure and homes at increasing risk and discharging large amounts of
sediment through the channel.
Pollutant Loading. Stantec performed a watershed
analysis using the Simple Method to calculate pollutant
loads for TSS, TN, and TP for the contributing watershed
assuming the future, built-out condition. Watershed land
use included in the model reflected published planned
future land use plans for the undeveloped portions of the
watershed in Urbandale, Waukee, Clive and unincorporated
areas of Dallas County. Table 2 depicts these future land
use conditions.
The Simple Method utilizes Event Mean Concentration
(EMC) values from the state of North Carolina since this
state provides values for TSS, TN, and TP for a large number
of specific land use categories. The pollutant loads for the
Little Walnut Creek watershed were calculated at the
following rates:
• Total Nitrogen (TN) – 3.60 lbs/ac totaling 11.51 tons/yr
• Total Phosphorous (TP) – 0.51 lbs/ac totaling 1.63 tons/yr
• Total Suspended Sediment (TSS) [non stream bank] - 64.20 lbs/ac totaling 205.3 tons/yr
Table 2 Watershed Estimated Pollutant Loading Calculation Details
Land Use Description Percentage of
Watershed
Area (acres)
Medium Density
Residential
Based on current lot size and combination of single family with some
multi-family units. For areas that are undeveloped assumed similar
density to current development.
73.99% 4725.9
Wooded/ Forest Land use within the 100-year FEMA floodplain would remain in similar
condition to the existing greenbelt.
1.83% 117
Urban Open 25% based on local development guidelines 22.5% 1437.12
Herbaceous
Wetland
Based on 2019 NLCD 0.11% 7.0
Wooded Wetland Based on 2019 NLCD 0.31% 19.5
Open Water Based on 2019 NLCD 0.27% 17.0
Road Surface Based on average road width and current proposed road
alignments. For areas that are undeveloped assumed similar density to
current development.
1.0% 63.7
100.0% 6387.2
(Segment 1) Typical outside bend erosion on Little Walnut Creek with high
erosion yields. The channel is disconnected from its floodplain and is laterally
migrating and widening.
EXHIBIT B
3.0 PROJECT GOALS AND OBJECTIVES
The Little Walnut Creek watershed included in this project area stands on the tipping point for a major shift in land use
and land cover over the next decade. Existing agricultural areas are identified for conversion to suburban-style
neighborhood development. Generally, the transition from annual row-cropped landcover with tile drainage to high
rates of impervious landcover and underground stormwater drainage systems has catastrophic impacts on stable
downstream channels. The concern is even greater in this project area because the downstream channel is already
degraded and laterally migrating. Considered together and layering on shifting precipitation patterns, which are
producing more frequent and intense rainfall patterns, Little Walnut Creek and Walnut Creek seem poised for further
ecological degradation and further deteriorating water quality conditions without action. Secondarily, Clive and now
Waukee will have major utility infrastructure (sanitary and storm sewer) adjacent to Little Walnut Creek within this
public greenbelt that is sometimes as narrow as 75’ between the top of streambank and edge of private property.
Waukee and Clive hope to achieve multiple goals
and objectives as part of the water quality
improvements included in this application:
• Address urban water quality issues
identified in the WMA Watershed Master
Plan and in results of downstream Walnut
Creek sampling
• Enhance conditions for aquatic and
terrestrial habitat in the riparian area
• Proactively limit adverse impacts to Little
Walnut Creek from anticipated future
development growth
• Develop streambank conditions that are
resilient to future degradation and follow
the Iowa River Restoration Toolbox
standards
• Provide a demonstration of a wide range of
Iowa River Restoration Toolbox practices on public property to encourage learning and public engagement
• Demonstrate the viability and beneficial impact of green infrastructure including stream buffer restoration and
streambank stabilization to greenbelt users and neighboring communities
• Secondarily, stabilization of Little Walnut Creek will also protect adjacent infrastructure in the corridor, including
utilities (sanitary and storm sewer) and recreational trails
4.0 EVALUATION OF POTENTIAL WATER QUALITY PRACTICES & EXPECTED WATER
QUALITY OUTCOMES
Limiting continued degradation of the stream channel today will reduce sediment loading from streambank erosion in
the future and create more stable conditions to convey higher channel volumes post-development. A properly
configured and vegetated stream channel will also be more effective in transporting sediment and less likely to store
large deposits on the floodplain for subsequent resuspension, providing greater flood storage capacity. Eroded sediment
from the channel itself can be greatly reduced by applying the channel and streambank design practices for the channel
types present in the project area.
The stabilization and restoration of the segments included in this project with create stable hardpoints (likely rock
constructed riffles) at the top of bottom the greenway reach of Little Walnut Creek. These segments (1, 5, 6) are
(Segment 6) High sediment yield occurs on previously straightened and confined
segments of Little Walnut Creek such as this one.
EXHIBIT B
included as Tier 1 priority segments for several reasons. First, they contribute the highest volume of eroded sediment.
Second relates to their order within the entire greenway reach of Little Walnut Creek. It is critically important that the
uppermost segment of any reach is stabilized first when investing in stream restoration. This ensures that new instability
doesn’t occur here and migrate downstream to destabilize newly restored segments. The same holds true for the
bottommost segments; new channel bottom nickpoints, if they were to develop in segment 6, could move upstream and
destabilize segment 5.
The objectives of engineering design will include the following and will rely on streambank and channel stabilization
practices included in the Iowa River Restoration Toolbox:
• Create a bankfull bench with a reduced angle (compared to existing) to reduce near-bank stress on high outside
bend streambanks and protect existing riparian buffer
• Use in-channel practices to shift thalweg away from the outside, eroding bend of stream
• Protect eroding bank toe with rock and/or wood toe and dense vegetation, thereby increasing surface
protection
• Construct stable storm drain outfall structures at the stream edge
Predicted erosion from Little Walnut Creek will be reduced, compared to existing conditions, because of this project. The
best-case scenario for predicted erosion reductions are shown in Table 3. Table 3 BEHI and NBS values shown in blue
have been substituted (compared to Table 1) with the maximum potential erosion reduction values to reflect potential
post-construction conditions. These adjustments suggest that predicted erosion from the SRF segments (1, 5, 6) can
potentially be reduced from 7,439 tons/year to as little as 80 tons/year. Figure 13 illustrates estimated erosion hazard
post-SRF.
Table 3. Potential Erosion Rates with Channel Stabilization and Restoration. Cells with blue font indicate an adjustment in
value Potential Erosion Rates with Channel Stabilization and Restoration. Cells with blue font indicate an adjustment in value
compared to existing conditions (Table 1) due to construction of Iowa River Restoration Toolbox practices. Predicted erosion rates
represent best-case scenarios; actual expectations for erosion post-construction will likely higher compared to this best-case scenario.
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1 5800 3.0 3.0 1.00 85 30 80 0 0 17.0 Low 1 Low 30
2 5050 3.5 3.5 1.00 85 30 80 0 0 18.0 Low 1 Low 30
3 6600 3.5 3.5 1.00 85 30 80 0 0 18.0 Low 1 Low 40
4 5100 4.0 4.0 1.00 85 38 80 0 0 15.4 Low 1 Low 35
5 3350 4.0 4.0 1.00 85 45 80 0 0 19.7 Low 1 Low 23
6 3900 4.0 4.0 1.00 85 45 80 0 0 19.7 Low 1 Low 27
Subtotal of Best-Case Estimated Annual Erosion in the SRF Segments (1, 5, 6) of Project Reach (tons/year) 80
Total Best-Case Estimated Annual Erosion in Total Project Reach (tons/year) 185
EXHIBIT B
Practices to be Implemented
Iowa River Restoration Toolbox Practices which may be of benefit within the study area include the following:
Grade Control:
• Step-pool structure
• Rock & log riffle
• Rock constructed riffle
Vegetation Restoration
• Live staking/joint planting
• Erosion control matting
• Sod matting
Riparian Buffer
• Restoration/Establishment
• Enhancement
• Preservation
Bank and Floodplain Restoration
• Bank sloping / Multi-stage channel
• Bankfull bench
• Oxbow
Geomorphic Channel Design -Channel types
• B
• Bc
• C
Aquatic Habitat / Toe Protection Stabilization
• Large woody debris
• Toe wood
• Stone toe protection
• Fabric encapsulated soil lifts
• Vegetated banks
Appendix A includes Design Concept Plans for segments 1, 5, and 6.
5.0 PROJECT LOCATION
The Little Walnut Creek project area included in this application is on property within the City of Clive and the City of
Waukee. The entire stream corridor project limits are owned by either the City of Clive or the City of Waukee. This
project application is designed to be scalable. The City of Waukee would like to first focus project activities in the most
Figure 13. Estimated Post-Restoration Erosion Hazard Data for Little Walnut Creek
EXHIBIT B
actively eroding segments of the project area, segments 1, 5, and 6. If stabilization and restoration of these segments is
complete and funding remains, these funds will be used in the segments 2, 3, and 4.
There is no need to acquire property, or to obtain easements to complete this project. A 28E agreement between the
Cities of Waukee and Clive is anticipated to outline the responsibilities of each city regarding the design, administration,
construction administration and maintenance responsibilities of the Sponsored Project.
6.0 Project Partners and Organizations
In cooperation with the City of Clive, the City of Waukee will implement practices in Little Walnut Creek to stabilize and
restore streambank, bed, and buffer conditions. These practices are designed to produce a stable channel form and to
enhance water quality by reducing erosion from the stream channel itself. Additional project partners and their roles
include the following:
• City of Clive – the City of Clive agrees to partner and collaborate with the City of Waukee to complete this
project which is within City of Clive jurisdiction and largely on land owned by the City of Clive. The City of Clive
also agrees to all future maintenance of the project
• Iowa Department of Agriculture and Land Stewardship (IDALS) – Jennifer Welch and/or other Urban
Conservation staff will provide technical support to the project. Staff will work with project partners to ensure
that all selected practices are designed, constructed, and maintained according to the Iowa Stormwater
Management Manual and the Iowa River Restoration Toolbox
• Dallas County Soil and Water Conservation District – The District has indicated their support for the project and
can leverage their network to provide support for education and outreach activities
• Veenstra and Kim Inc. – Veenstra and Kimm, Inc. will serve as project engineer and project manager for the City
of Waukee for the Northeast Outfall Sewer project. They will closely coordinate with the City of Clive and
Stantec staff to ensure clear communication throughout the SRF Clean Water sanitary sewer project and the
Water Resources Sponsored Project.
• Stantec – Stantec will serve as project manager and project engineer for the City of Clive for the stream project.
They will closely coordinate with the City of Waukee and other partners to ensure clear communication
throughout the project
• Walnut Creek Watershed Management Authority –The Walnut Creek WMA will serve as project partner by
providing watershed planning information and priorities for the greater Walnut Creek Watershed as part of the
development of their watershed plan. Recommendations and priority areas identified as part of their plan will
be given consideration when selecting projects for implementation.
7.0 PROJECT SCHEDULE AND OUTCOMES
The Sponsored Project will need to occur immediately after the City of Waukee’s Northeast Outfall Sanitary Sewer
project is constructed which is estimated to begin construction in November 2022 with completion expected in
November 2023. The following milestones are anticipated:
▪ Submit SRF Sponsored Project Application: March 1, 2022
▪ Receive notification of project acceptance: June 2022
▪ Meet with project partners to confirm targeted areas and practices: July 2022
▪ Begin design on practices: August 2022
▪ Complete design on practices: February 2023
EXHIBIT B
▪ Approve practices through Waukee and Clive City Councils and issue request for bids: July 2023
▪ Hold Pre-construction meeting with selected contractor and begin construction: August 2023
▪ Complete construction of practices and schedule final project walkthrough: April 2024
8.0 PROJECT EVALUATION PROCEDURES AND MEASURES
The City of Waukee and the City of Clive will work with IDALS and IDNR staff to ensure that river restoration practices
have been designed and built according to the Iowa Stormwater Management Manual and the Iowa River Restoration
Toolbox. The cities will also work with IDALS and SRF staff to complete maintenance agreements for the practices for the
life span of the practices or the life of the loan. The cities are aware that each proposed improvement will have varying
requirements for maintenance ranging in frequency and cost. Design procedures will identify establishment
requirements and long-term maintenance objectives to assist City of Clive staff in ensuring that practices continue to
function properly throughout the terms of the agreement.
Project success will be evaluated by the ability of all project members to fulfill their roles during the design, review,
construction, and commissioning phases. This includes observed and/or demonstrated proper functionality of the
practices post-construction. A stream assessment will be conducted to document conditions and compare post-
construction channel conditions with data from the 2019 stream assessment. Pre- and Post-construction BEHI and NBS
conditions will be recorded and analyzed in RIVERMorph software to calculate predicted erosion. Calculations from the
two assessments will be compared and reported to IDALS, IDNR, and SRF.
9.0 EXPLANATION OF PROPOSED BUDGET
The estimated loan amount for the Northeast Outfall Sewer project is $9,289,215 as submitted in the IUP. Therefore, the
City of Waukee is requesting 10 percent of the loan amount in sponsored project funds, equal to $928,921. The City
understands that the final amount of sponsored project dollars available will be the lesser of either the $928,921
requested amount, 10 percent of the final loan amount from the wastewater project, or capped at $1,000,000.
The estimated total costs of the project for segments 1, 5, 6 are known. Depending on the awarded funding amount,
practices will be selected based on the priorities listed above and their respective estimated costs, in
order to fully utilize the awarded funds. Once this work is complete, any remaining or available funding will be used in
the segments 2, 3, and 4. No SRF funds will be utilized on channel segments that will be included in any future stream or
wetland mitigation bank.
The estimated project costs presented in Section 7 of the application include the expected eligible costs for the following
Tier 1 priority projects:
▪ Approximately 5800 LF of stream and buffer restoration on Segment 1 and its tributary
▪ Approximately 3350 LF of stream and buffer restoration on Segment 5
▪ Approximately 3900 LF of stream and buffer restoration on Segment 6
This funding scenario includes the potential suite of practices described earlier from the Iowa River Restoration Toolbox
to fully utilize the requested funds. Other combinations of these practices are possible. The costs presented are
preliminary in nature and include contingencies. The City of Waukee intends to fund eligible design engineering and
construction with sponsored project funds.
EXHIBIT B
Additional funds will likely be required to complete stabilization and restoration for these segments and also to
complete similar work on segments 2, 3, and 4. The City of Clive intends to seek additional funding from outside grants
and from the City itself to complete these reaches so the entire greenway reach no longer contributes high amounts of
sediment loading.
10.0 PRELIMINARY COMMUNICATION PLAN
The City plans to employ a multi-faceted public engagement process to communicate planned water resource
restoration improvement opportunities to residents, businesses, and stakeholders. These efforts will include multiple
public meetings using an Open House format to introduce key team members, outline the project and gather questions
and concerns the community may have on identified sites and proposed water quality practices. Public engagement will
also include use of the City’s website to provide project information to the community, provide contacts for questions,
and outline project timelines.
Once construction begins, the City will display project signage identifying the project, funding sources and the project
website. Updates will be provided regularly through the website’s public announcement tool and by the Resident
Project Representative (RPR) to property owners adjacent to construction sites. The City will also research opportunities
of providing updates through social media to educate and engage the public throughout the development and
implementation process.
• Preliminary Design Review
The City will host a public meeting, either virtual or in-person based on local conditions, in an Open House format as plans
complete technical review (roughly 60%). This will include a short presentation educating the public on plan intentions with
staff being available to answer questions in small groups. The input from this Open House will be used to finalize plans prior
to seeking concurrence from SRF and City Council to obtain bids for construction.
• Public Hearing (City Council)
The community will have another opportunity to provide input on the project(s) during a public hearing after bids have
been opened and prior to Council taking action to award a construction contract to the lowest responsible and responsive
bidder.
• Project Website
Regular updates will be posted to the City’s website. This information will include information on the project, provide
educational materials explaining how water quality practices will function, construction updates and will include
mechanisms for residents to submit questions, comments and concerns throughout the process.
• Social Media
The City may use social media to inform the public of key dates and critical moments in the project timeline to ensure
residents are kept abreast of progress.
• Project Display Sign
Once the project enters the construction phase, a project display sign will be installed to identify the project, identify
funding sources and provide contact information for residents with questions/concerns. It will also include relevant url and
social media tags for the community to follow progress throughout construction.
• Public Ribbon Cutting Open House
Upon project completion, the City will host an official ribbon cutting ceremony onsite to officially unveil the completed
project to the community.
EXHIBIT B
11.0 References
Levi, P. 2021. Assessing the ecological state of Fourmile Creek and Walnut Creek, Annual Report – Years 1 & 2.
Rosgen, D. 2009. Watershed Assessment of River Stability and Sediment Supply (WARSS), Second Edition. Wildland
Hydrology: Ft. Collins Colorado.
Wisner, R.J. 2002. Surficial Geology of Dallas County, September 2002. Iowa Department of Natural Resources.
http://publications.iowa.gov/id/eprint/26200. Accessed February 10, 2022.
EXHIBIT B
Oxbow
Large Woody Debris
Restoration / Establishment
Live staking / joint planting
B -Channel
Bc-Channel
C-Channel
Step-pool structure
Grade Control
Erosion Control Matting
Rock & Log Riffle
Rock Constructed Riffle
Vegetation Restoration
Enhancement
Sod Matting
Riparian Buffer
Preservation
Bank and Floodplain Restoration
Bank sloping / Multi-stage Channel
Bankfull bench
Geomorphic Channel Design
Aquatic Habitat / Toe Protection Stabilization
Toe Wood
Stone toe protection
Fabric Encapsulated Soil Lifts
Vegetated Banks
EXHIBIT B
Oxbow
Large Woody Debris
Restoration / Establishment
Live staking / joint planting
B -Channel
Bc-Channel
C-Channel
Step-pool structure
Grade Control
Erosion Control Matting
Rock & Log Riffle
Rock Constructed Riffle
Vegetation Restoration
Enhancement
Sod Matting
Riparian Buffer
Preservation
Bank and Floodplain Restoration
Bank sloping / Multi-stage Channel
Bankfull bench
Geomorphic Channel Design
Aquatic Habitat / Toe Protection Stabilization
Toe Wood
Stone toe protection
Fabric Encapsulated Soil Lifts
Vegetated Banks
EXHIBIT B
Oxbow
Large Woody Debris
Restoration / Establishment
Live staking / joint planting
B -Channel
Bc-Channel
C-Channel
Step-pool structure
Grade Control
Erosion Control Matting
Rock & Log Riffle
Rock Constructed Riffle
Vegetation Restoration
Enhancement
Sod Matting
Riparian Buffer
Preservation
Bank and Floodplain Restoration
Bank sloping / Multi-stage Channel
Bankfull bench
Geomorphic Channel Design
Aquatic Habitat / Toe Protection Stabilization
Toe Wood
Stone toe protection
Fabric Encapsulated Soil Lifts
Vegetated Banks
EXHIBIT B
Oxbow
Large Woody Debris
Restoration / Establishment
Live staking / joint planting
B -Channel
Bc-Channel
C-Channel
Step-pool structure
Grade Control
Erosion Control Matting
Rock & Log Riffle
Rock Constructed Riffle
Vegetation Restoration
Enhancement
Sod Matting
Riparian Buffer
Preservation
Bank and Floodplain Restoration
Bank sloping / Multi-stage Channel
Bankfull bench
Geomorphic Channel Design
Aquatic Habitat / Toe Protection Stabilization
Toe Wood
Stone toe protection
Fabric Encapsulated Soil Lifts
Vegetated Banks
EXHIBIT B
Oxbow
Large Woody Debris
Restoration / Establishment
Live staking / joint planting
B -Channel
Bc-Channel
C-Channel
Step-pool structure
Grade Control
Erosion Control Matting
Rock & Log Riffle
Rock Constructed Riffle
Vegetation Restoration
Enhancement
Sod Matting
Riparian Buffer
Preservation
Bank and Floodplain Restoration
Bank sloping / Multi-stage Channel
Bankfull bench
Geomorphic Channel Design
Aquatic Habitat / Toe Protection Stabilization
Toe Wood
Stone toe protection
Fabric Encapsulated Soil Lifts
Vegetated Banks
EXHIBIT B
TO: Clean Water State Revolving Fund (SRF) Sponsored Projects Review Committee
FROM: City of Clive
DATE: February 25, 2022
SUBJECT: Letter of Support – City of Waukee SRF Sponsored Project Application
The City of Clive is excited to partner with and support the City of Waukee in their proposed State
Revolving Fund (SRF) Sponsored Project application. If funded, prioritized in-stream and
streambank stabilization improvements will be designed and constructed on property owned by
the City of Clive adjacent to Little Walnut Creek in the impacted area. These projects would be
led and managed by the City of Clive and constructed in accordance with Iowa River Restoration
Toolbox practices and processes. Completion of this stream stabilization work is consistent with
the intentions included in the City of Clive Greenbelt Master Plan and Greenbelt Stream Corridor
Assessment report. Clive would also be responsible for the future maintenance of any
improvements.
The proposed improvements provide a unique partnering opportunity between Waukee and
Clive. The completion of necessary repairs to existing sections of the stream and streambank will
help reduce future runoff volume and pollutant loading in the rapidly developing watershed. By
working together, protection of wetlands and habitats benefitting multiple downstream users
and municipalities can be accomplished. Opportunities for future outreach and education related
to the proposed improvements appear numerous and are expected to be fully explored upon
project completion.
The City of Clive fully supports the City of Waukee in their SRF Sponsored Project application and
looks forward to successful project completion. Thank you in advance for your consideration.
Sincerely,
John D. Edwards
Mayor, City of Clive
EXHIBIT B
_____________________________________________________________________________________
TO:Clean Water State Revolving Fund (SRF) Sponsored Projects Review Committee
FROM: Walnut Creek Watershed Management Authority (WMA)
DATE:February 4, 2022
SUBJECT:Letter of Support – City of Waukee SRF Sponsored Project Application
As one of the fastest urban developing watersheds in the state, the condition of Walnut Creek is of
interest for many reasons including recreation, aesthetics, and water quality. The Walnut Creek
watershed is also impactful on the drinking water for Des Moines residents as its confluence with the
Raccoon River is within 1 mile upstream of the Des Moines Water Works drinking water intake. The
Walnut Creek WMA was formed to collaboratively address these diverse watershed issues.
The proposed State Revolving Fund (SRF) Sponsored Project will benefit thousands of downstream
urban residents and address key concerns identified during watershed plan development. By repairing
existing, vulnerable streambanks and preparing them to withstand future changes in runoff volume due
to upstream changes in land use and a fluctuating climate, this project will reduce pollutant loading that
would otherwise have occurred and protect valuable wetland and riverine habitat.
This project is a great example of a successful partnership between Waukee, Clive, and the WMA. The
WMA will play a collaborative role in this project particularly by providing the watershed management
plan we developed and assisting with its interpretation. We will also assist with future outreach and
education related to the project.
The positive downstream impacts of this project, if funded by SRF, will be experienced by multiple
downstream neighborhoods and municipalities. The environmental, visual, and social benefits of this
project will be seen across the watershed and set a great example for the entire Des Moines
Metropolitan area.
We thank you for your consideration and fully support the City of Waukee with their SRF Sponsored
Project application.
Sincerely,
Rudy Koester
Chair, Walnut Creek Watershed Management Authority
EXHIBIT B
Dallas Soil & Water Conservation District
1918 Greene Street, Suite 2
Adel, IA 50003-1657
(515) 993-3413 ext. 300
TO: Clean Water State Revolving Fund (SRF) Sponsored Projects Review Committee
FROM: Dallas County Soil and Water Conservation District
DATE: February 4, 2022
SUBJECT: Letter of Support – City of Waukee SRF Sponsored Project Application
The Dallas County Soil and Water Conservation District promotes the installation of conservation
practices that will increase soil health, reduce soil erosion, improve water quality, and enhance wildlife
habitat. We do this by offering educational opportunities to learn, by assisting with practice costs, by
finding technical assistance, and by supporting like-minded projects.
Our organization supports the City of Waukee’s application for a SRF Sponsored Project funding for Little
Walnut Creek streambank restoration. The identified project is in one of the fastest urbanizing portions
of Dallas County and will provide current and future benefits that will enhance water quality within our
watershed and benefit our communities. We also support post-construction monitoring to document
changes in stream condition. We believe this data will provide compelling evidence of success to other
communities and teach us what practices have the greatest impact for the dollars spent.
We look forward to collaborating with Waukee and Clive during the outreach phases of this project.
Please let us know if there is anything in addition, we can do to help support this effort.
Sincerely,
Eric Wessels
Chair, Dallas County Soil and Water Conservation District
COMMISSIONERS
Eric Wessels Veronica Lack Patric McNorton Neil Hamilton Laverne Tigges
Walnut Twp. Walnut Twp. Boone Twp. Boone Twp. Adel Twp.
515-371-8537 515-430-3957 515-518-7052 515-490-1577 515-993-2274
EXHIBIT B
DES MOINES WATER WORKS
Board of Water Works Trustees
2201 George Flagg Parkway | Des Moines, Iowa 50321 | (515) 283-8700 | www.dmww.com
TO: Clean Water State Revolving Fund (SRF) Sponsored Projects Review Committee
FROM: Des Moines Water Works
DATE: February 4, 2022
SUBJECT: Letter of Support – City of Waukee SRF Sponsored Project Application
Des Moines Water Works is interested in land use activities that address the recommendations, goals
and objectives included in watershed management plans. As you are aware, Des Moines Water Works
is a surface-water treatment facility that reacts to the quality of the Des Moines and Raccoon Rivers on
a daily, sometimes hourly basis, on behalf of its 500,000 central Iowa customers. Every potential
conservation project on the land makes a difference downstream due to rising levels of nutrients,
bacteria, sediment, and flooding from the Des Moines and Raccoon Rivers.
Walnut Creek is a large watershed within Des Moines Water Works' source waters. Soil loss from
streambank erosion is one of the largest sources of sediment in Iowa rivers. These restoration practices,
which follow the Iowa River Restoration Toolbox, were recommended in the watershed management
plan to reduce nitrogen loading and total suspended solids.
We thank you for your consideration of this application and fully support the efforts of the cities of
Waukee and Clive to work together to protect the soils and vegetation in and near Little Walnut Creek
through a streambank restoration project.
Sincerely,
Ted Corrigan
CEO and General Manager
EXHIBIT B
February 23, 2022
Iowa Department of Natural Resources
401 SW 7th Street, Suite M
Des Moines, Iowa 50309
RE: Waukee, Iowa – SRF Sponsored Project Application
To Iowa Department of Natural Resources:
Ahlers & Cooney, PC serves as bond counsel to the City of Waukee, Iowa (the "City").
We have reviewed the SRF Sponsored Project Application, and attached appendices
("Application") of the City and the statements made therein related to the proposed sponsored
project(s) identified therein. The Application describes project(s) to be undertaken by the City,
relating to water quality improvement techniques impacting the Little Walnut Creek watershed,
including erosion controls and prevention measures, as well as stabilizing storm drain outfall.
The application states such improvements provide protection to City’s sewer assets in the project
areas. We have assumed the project(s) described in the Application meet the statutory definition
of “water resource restoration project” under Iowa Code section 384.80(15).
Based on our review of the Application, provisions of the Iowa Code, and the City’s
outstanding debt covenants, following the necessary public hearing process outlined in Iowa
Code Chapter 384, we concur that legal authority would exist permitting the City to issue general
obligation capital loan notes or sewer revenue obligations for the project(s) outlined in the
Application.
Should you have any questions, please do not hesitate to contact me.
Very truly yours,
J. Eric Boehlert
FOR THE FIRM
JEB:sk
CC: Rudy Koester (via email)
Mimi Wagner (via email)
02011873-1\21938-000
EXHIBIT B
1
Prepared by: Andy Willcuts, P.E., Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, Iowa 50266 515-225-8000
Return to: City of Waukee, 805 University Avenue, Waukee, Iowa 50263
Project: Northeast Outfall Sewer
PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY
The City of Clive, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in
consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey
unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for
Sanitary Sewer Right-of-Way under, over, through and across the following described property:
A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN PARCEL 'BB' AND IN
PARCEL 'AA' AS SHOWN ON THE ACQUISITION PLAT RECORDED IN BOOK 2013,
PAGE 22091 IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 79 NORTH,
RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 'BB'; THENCE
NORTH 89°54'51” EAST ALONG THE SOUTH LINE OF SAID PARCEL 'BB', 90.04 FEET
TO THE POINT OF BEGINNING; THENCE NORTH 24°00'58" EAST, 166.30 FEET; THENCE
NORTH 43°00'52" EAST, 395.39 FEET TO THE WEST LINE OF SAID PARCEL 'BB';
THENCE NORTH 69°55'34" EAST ALONG SAID WEST LINE, 443.41 FEET; THENCE
NORTH 01°13'13" EAST, 383.51 FEET TO SAID WEST LINE; THENCE NORTH 41°03'13"
EAST ALONG SAID WEST LINE, 540.63 FEET; THENCE NORTH 03°23'41" EAST, 277.88
FEET; THENCE NORTH 08°39'54" EAST, 191.78 FEET TO THE NORTH LINE OF SAID
PARCEL 'AA'; THENCE NORTH 58°21'21" EAST ALONG SAID NORTH LINE, 39.34 FEET;
THENCE SOUTH 08°39'54" WEST, 215.85 FEET; THENCE SOUTH 03°23'41" WEST, 286.73
FEET; THENCE SOUTH 41°03'13" WEST, 539.99 FEET; THENCE SOUTH 01°13'13" WEST,
393.15 FEET; THENCE SOUTH 69°55'34" WEST, 456.73 FEET; THENCE SOUTH 43°00'52"
WEST, 383.19 FEET; THENCE SOUTH 24°00'58" WEST, 147.86 FEET TO SAID SOUTH
LINE OF PARCEL 'BB'; THENCE SOUTH 89°54'51" WEST ALONG SAID SOUTH LINE,
32.87 FEET TO THE POINT OF BEGINNING AND CONTAINING 72,336 SQUARE FEET
(1.66 ACRES).
EXHIBIT C
2
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES ARE
REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE SYSTEM, SOUTH
ZONE, US SURVEY FEET.
Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5422”
(hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee
constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with
the necessary appurtenances thereto, under, over and through said Easement Area.
This Easement shall be subject to the following terms and conditions:
1. ERECTION OF STRUCTURES AND PLACEMENT OF EQUIPMENT OR
PLANTINGS IN EASEMENT AREA IN PUBLIC PARKS; DUTY TO RESTORE.
(a) Grantor reserves the right to construct or authorize the construction of structures, and
to place or authorize the placement of equipment and plantings, within Easement Area in
public parks, as it shall deem necessary or appropriate, including but not limited to
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances; recreational and
playground equipment; ice rinks; fountains; public art; and plantings including,
shrubs, flowers and sod;
but not including
park shelters, public toilets or park maintenance buildings.
At least fourteen (14) business days prior to final plan approval by Grantor of such
structures, equipment and plantings. Grantor shall provide the Des Moines Metropolitan
Wastewater Reclamation Authority (hereinafter “WRA”) with written notice thereof and
an opportunity to review such plans and provide input regarding the proposed locations of
such structures, equipment and plantings. Such structures, equipment and plantings shall
be constructed as not to disturb, damage or destroy Grantee's sanitary sewer facilities, and
shall be so placed as not to physically interfere with or prevent the day-to-day operation
and maintenance of the sanitary sewer facilities located within the Easement Area.
(b) In the event Grantee is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its sanitary sewer facilities, Grantee shall be responsible for
restoring, at its sole cost and expense, or for paying Grantor's cost to restore, the Easement
Area, including
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances, recreational and
playground equipment, ice rinks, fountains, and public art, and including plantings,
EXHIBIT C
3
trees, shrubs, flowers and sod, which are disturbed, damaged or destroyed by such
activities.
(c) In the event Grantor is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its structures, improvements, equipment or plantings identified
above, Grantor shall be responsible for restoring or repairing, at its sole cost and expense,
Grantee's sanitary sewer facilities which are disturbed, damaged or destroyed by such
activities.
2. ERECTION OF STRUCTURES OR IMPROVEMENTS IN EASEMENT AREA.
Unless specifically identified herein and erected, placed or constructed in accordance with
the terms of this Easement, Grantor shall not erect or authorize the erection of construction
of any structure or other improvement, and shall not place or authorize the placement of
equipment or trees, over or within Easement Area without the prior written approval of the
WRA.
3. RIGHT OF ACCESS. The Grantee, its agents, contractors, employees and assigns 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. This Easement
allows the Grantee, its agents, contractors, employees and assigns the right to enter in, upon
and on to the Easement Area at any time to perform any and all activities related to or
necessary for the construction, reconstruction, repair, enlargement or maintenance of the
sanitary sewer, including but not limited to the following activities: (1) grading and
excavation; (2) hauling, transporting and storage of materials and equipment; (3) removal
of any unauthorized plantings or structures placed or erected within the Easement Area;
(4) trimming and/or removal of trees, shrubs, and landscaping within or encroaching upon
the Easement Area; and (5) utility work including but not limited to relocation, placement
and removal of various utility facilities such as electric poles and wires, water lines, sewer
lines and natural gas facilities that are within or encroaching upon the Easement Area. This
right of access shall begin on the date that Grantor executes this document.
4. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land
and shall be binding on Grantor and on Grantor's successors and assigns and on Grantee’s
successors and assigns. Grantee intends to quit claim all its interest in the property interests
and sewer to the WRA upon completion of the project and acceptance of the Waukee
Northeast Outfall Sewer by the WRA.
5. RESERVATION OF RIGHTS. The City does hereby reserve to itself, and this Easement
is granted subject to, the right to regulate the use and occupancy of City street rights-of-
way constructed upon, adjacent to or across the Easement Area.
6. APPROVAL BY CITY COUNCIL. This Easement shall not be binding until it has
received final approval and acceptance by the Waukee City Council by Resolution, which
approval and acceptance shall be noted on this Easement.
7. SPECIAL PROVISIONS. None.
EXHIBIT C
4
Grantor does hereby covenant with the City that Grantor holds said real estate described in this
Easement by Title in Fee Simple; that Grantor has good and lawful authority to convey the same;
and said Grantor covenants to warrant and defend the said premises against the lawful 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 .
[This space intentionally left blank]
EXHIBIT C
5
CITY OF CLIVE, GRANTOR
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively of the City of Clive, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No.
of the City Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
6
APPROVAL AND ACCEPTANCE BY GRANTEE:
CITY OF WAUKEE, IOWA:
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, 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 seal affixed
to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by the authority of its City Council, under
Resolution No. of the City Council on the day of , 20 , and that
and acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by
it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
EXHIBIT C
EXHIBIT C
1
Prepared by: Andy Willcuts, P.E., Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, Iowa 50266 515-225-8000
Return to: City of Waukee, 805 University Avenue, Waukee, Iowa 50263
Project: Northeast Outfall Sewer
PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY
The City of Clive, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in
consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey
unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for
Sanitary Sewer Right-of-Way under, over, through and across the following described property:
A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN PARCEL 'AA' AS SHOWN
ON THE PLAT OF SURVEY RECORDED IN BOOK 2013, PAGE 22091 IN THE
SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 26 WEST OF
THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA AND IN OUTLOT 'Y' IN
SHADOW CREEK PLAT 6, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A
PART OF THE CITY OF CLIVE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 'AA'; THENCE SOUTH
00°02'58” WEST ALONG THE EAST LINE OF SAID PARCEL 'AA', 49.23 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°02'58” WEST ALONG SAID
EAST LINE, 30.06 FEET; THENCE SOUTH 86°34'01" WEST, 98.12 FEET; THENCE NORTH
82°47'24" WEST, 434.98 FEET; THENCE SOUTH 86°23'11" WEST, 399.01 FEET; THENCE
SOUTH 89°38'57" WEST, 287.62 FEET; THENCE SOUTH 08°39'54" WEST, 45.65 FEET TO
THE SOUTH LINE OF SAID OUTLOT 'Y'; THENCE SOUTH 58°21'21" WEST ALONG SAID
SOUTH LINE, 39.34 FEET; NORTH 08°39'54" EAST, 96.71 FEET; THENCE NORTH
89°38'57" EAST, 312.38 FEET; THENCE NORTH 86°23'11" EAST, 400.99 FEET; THENCE
SOUTH 82°47'24" EAST, 435.02 FEET; THENCE NORTH 86°34'01" EAST, 97.15 FEET TO
THE POINT OF BEGINNING AND CONTAINING 39,112 SQUARE FEET (0.90 ACRES).
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES ARE
REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE SYSTEM, SOUTH
ZONE, US SURVEY FEET.
EXHIBIT C
2
Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5423
(hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee
constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with
the necessary appurtenances thereto, under, over and through said Easement Area.
This Easement shall be subject to the following terms and conditions:
1. ERECTION OF STRUCTURES AND PLACEMENT OF EQUIPMENT OR
PLANTINGS IN EASEMENT AREA IN PUBLIC PARKS; DUTY TO RESTORE.
(a) Grantor reserves the right to construct or authorize the construction of structures, and
to place or authorize the placement of equipment and plantings, within Easement Area in
public parks, as it shall deem necessary or appropriate, including but not limited to
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances; recreational and
playground equipment; ice rinks; fountains; public art; and plantings including,
shrubs, flowers and sod;
but not including
park shelters, public toilets or park maintenance buildings.
At least fourteen (14) business days prior to final plan approval by Grantor of such
structures, equipment and plantings. Grantor shall provide the Des Moines Metropolitan
Wastewater Reclamation Authority (hereinafter “WRA”) with written notice thereof and
an opportunity to review such plans and provide input regarding the proposed locations of
such structures, equipment and plantings. Such structures, equipment and plantings shall
be constructed as not to disturb, damage or destroy Grantee's sanitary sewer facilities, and
shall be so placed as not to physically interfere with or prevent the day-to-day operation
and maintenance of the sanitary sewer facilities located within the Easement Area.
(b) In the event Grantee is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its sanitary sewer facilities, Grantee shall be responsible for
restoring, at its sole cost and expense, or for paying Grantor's cost to restore, the Easement
Area, including
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances, recreational and
playground equipment, ice rinks, fountains, and public art, and including plantings,
trees, shrubs, flowers and sod, which are disturbed, damaged or destroyed by such
activities.
(c) In the event Grantor is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its structures, improvements, equipment or plantings identified
above, Grantor shall be responsible for restoring or repairing, at its sole cost and expense,
EXHIBIT C
3
Grantee's sanitary sewer facilities which are disturbed, damaged or destroyed by such
activities.
2. ERECTION OF STRUCTURES OR IMPROVEMENTS IN EASEMENT AREA.
Unless specifically identified herein and erected, placed or constructed in accordance with
the terms of this Easement, Grantor shall not erect or authorize the erection of construction
of any structure or other improvement, and shall not place or authorize the placement of
equipment or trees, over or within Easement Area without the prior written approval of the
WRA.
3. RIGHT OF ACCESS. The Grantee, its agents, contractors, employees and assigns 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. This Easement
allows the Grantee, its agents, contractors, employees and assigns the right to enter in, upon
and on to the Easement Area at any time to perform any and all activities related to or
necessary for the construction, reconstruction, repair, enlargement or maintenance of the
sanitary sewer, including but not limited to the following activities: (1) grading and
excavation; (2) hauling, transporting and storage of materials and equipment; (3) removal
of any unauthorized plantings or structures placed or erected within the Easement Area;
(4) trimming and/or removal of trees, shrubs, and landscaping within or encroaching upon
the Easement Area; and (5) utility work including but not limited to relocation, placement
and removal of various utility facilities such as electric poles and wires, water lines, sewer
lines and natural gas facilities that are within or encroaching upon the Easement Area. This
right of access shall begin on the date that Grantor executes this document.
4. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land
and shall be binding on Grantor and on Grantor's successors and assigns and on Grantee’s
successors and assigns. Grantee intends to quit claim all its interest in the property interests
and sewer to the WRA upon completion of the project and acceptance of the Waukee
Northeast Outfall Sewer by the WRA.
5. RESERVATION OF RIGHTS. The City does hereby reserve to itself, and this Easement
is granted subject to, the right to regulate the use and occupancy of City street rights-of-
way constructed upon, adjacent to or across the Easement Area.
6. APPROVAL BY CITY COUNCIL. This Easement shall not be binding until it has
received final approval and acceptance by the Waukee City Council by Resolution, which
approval and acceptance shall be noted on this Easement.
7. SPECIAL PROVISIONS. None.
Grantor does hereby covenant with the City that Grantor holds said real estate described in this
Easement by Title in Fee Simple; that Grantor has good and lawful authority to convey the same;
and said Grantor covenants to warrant and defend the said premises against the lawful claims of
all persons whomsoever.
EXHIBIT C
4
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 .
[This space intentionally left blank]
EXHIBIT C
5
CITY OF CLIVE, GRANTOR
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively of the City of Clive, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No.
of the City Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
6
APPROVAL AND ACCEPTANCE BY GRANTEE:
CITY OF WAUKEE, IOWA:
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, 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 seal affixed
to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by the authority of its City Council, under
Resolution No. of the City Council on the day of , 20 , and that
and acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by
it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
EXHIBIT C
1
Prepared by: Andy Willcuts, P.E., Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, Iowa 50266 515-225-8000
Return to: City of Waukee, 805 University Avenue, Waukee, Iowa 50263
Project: Northeast Outfall Sewer
PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY
The City of Clive, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in
consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey
unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for
Sanitary Sewer Right-of-Way under, over, through and across the following described property:
A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN PARCEL 'B' OF OUTLOT
'S' AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2010, PAGE 10519 OF
SHADOW CREEK, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF
THE CITY OF CLIVE, DALLAS COUNTY, IOWA AND IN OUTLOT 'Z' OF SHADOW
CREEK PLAT 5, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF
THE CITY OF CLIVE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT NORTHWEST CORNER OF OUTLOT 'T', SHADOW CREEK, SAID
POINT ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL 'B'; THENCE NORTH
00°23'02" EAST ALONG THE EAST LINE OF SAID PARCEL 'B', 500.55 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 49°19'59" WEST, 523.88 FEET; THENCE SOUTH
36°53'09" WEST, 272.54 FEET; THENCE SOUTH 17°06'53" WEST, 307.34 FEET; THENCE
SOUTH 46°55'21" WEST, 456.73 FEET; THENCE SOUTH 01°16'04" WEST, 328.57 FEET;
THENCE SOUTH 56°51'11" WEST, 334.55 FEET; THENCE SOUTH 86°34'01" WEST, 53.89
FEET TO THE WEST LINE OF SAID PARCEL 'B'; THENCE NORTH 00°02'58" EAST
ALONG SAID WEST LINE OF PARCEL 'B' AND ALONG THE WEST LINE OF SAID
OUTLOT 'Z', 30.06 FEET; THENCE NORTH 86°34'01" EAST, 44.11 FEET; THENCE NORTH
56°51'11" EAST, 310.78 FEET; THENCE NORTH 01°16'04" EAST, 325.39 FEET; THENCE
NORTH 46°55'21" EAST, 461.38 FEET; THENCE NORTH 17°06'53" EAST, 304.58 FEET;
THENCE NORTH 36°53'09" EAST, 281.03 FEET; THENCE NORTH 49°19'59" EAST, 553.28
FEET TO SAID EAST LINE OF PARCEL 'B'; THENCE SOUTH 00°23'02” WEST ALONG
SAID
EXHIBIT C
2
EAST LINE, 39.78 FEET TO THE POINT OF BEGINNING AND CONTAINING 68,373
SQUARE FEET (1.57 ACRES).
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES ARE
REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE SYSTEM, SOUTH
ZONE, US SURVEY FEET.
Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5424
(hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee
constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with
the necessary appurtenances thereto, under, over and through said Easement Area.
This Easement shall be subject to the following terms and conditions:
1. ERECTION OF STRUCTURES AND PLACEMENT OF EQUIPMENT OR
PLANTINGS IN EASEMENT AREA IN PUBLIC PARKS; DUTY TO RESTORE.
(a) Grantor reserves the right to construct or authorize the construction of structures, and
to place or authorize the placement of equipment and plantings, within Easement Area in
public parks, as it shall deem necessary or appropriate, including but not limited to
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances; recreational and
playground equipment; ice rinks; fountains; public art; and plantings including,
shrubs, flowers and sod;
but not including
park shelters, public toilets or park maintenance buildings.
At least fourteen (14) business days prior to final plan approval by Grantor of such
structures, equipment and plantings. Grantor shall provide the Des Moines Metropolitan
Wastewater Reclamation Authority (hereinafter “WRA”) with written notice thereof and
an opportunity to review such plans and provide input regarding the proposed locations of
such structures, equipment and plantings. Such structures, equipment and plantings shall
be constructed as not to disturb, damage or destroy Grantee's sanitary sewer facilities, and
shall be so placed as not to physically interfere with or prevent the day-to-day operation
and maintenance of the sanitary sewer facilities located within the Easement Area.
(b) In the event Grantee is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its sanitary sewer facilities, Grantee shall be responsible for
restoring, at its sole cost and expense, or for paying Grantor's cost to restore, the Easement
Area, including
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances, recreational and
EXHIBIT C
3
playground equipment, ice rinks, fountains, and public art, and including plantings,
trees, shrubs, flowers and sod, which are disturbed, damaged or destroyed by such
activities.
(c) In the event Grantor is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its structures, improvements, equipment or plantings identified
above, Grantor shall be responsible for restoring or repairing, at its sole cost and expense,
Grantee's sanitary sewer facilities which are disturbed, damaged or destroyed by such
activities.
2. ERECTION OF STRUCTURES OR IMPROVEMENTS IN EASEMENT AREA.
Unless specifically identified herein and erected, placed or constructed in accordance with
the terms of this Easement, Grantor shall not erect or authorize the erection of construction
of any structure or other improvement, and shall not place or authorize the placement of
equipment or trees, over or within Easement Area without the prior written approval of the
WRA.
3. RIGHT OF ACCESS. The Grantee, its agents, contractors, employees and assigns 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. This Easement
allows the Grantee, its agents, contractors, employees and assigns the right to enter in, upon
and on to the Easement Area at any time to perform any and all activities related to or
necessary for the construction, reconstruction, repair, enlargement or maintenance of the
sanitary sewer, including but not limited to the following activities: (1) grading and
excavation; (2) hauling, transporting and storage of materials and equipment; (3) removal
of any unauthorized plantings or structures placed or erected within the Easement Area;
(4) trimming and/or removal of trees, shrubs, and landscaping within or encroaching upon
the Easement Area; and (5) utility work including but not limited to relocation, placement
and removal of various utility facilities such as electric poles and wires, water lines, sewer
lines and natural gas facilities that are within or encroaching upon the Easement Area. This
right of access shall begin on the date that Grantor executes this document.
4. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land
and shall be binding on Grantor and on Grantor's successors and assigns and on Grantee’s
successors and assigns. Grantee intends to quit claim all its interest in the property interests
and sewer to the WRA upon completion of the project and acceptance of the Waukee
Northeast Outfall Sewer by the WRA.
5. RESERVATION OF RIGHTS. The City does hereby reserve to itself, and this Easement
is granted subject to, the right to regulate the use and occupancy of City street rights-of-
way constructed upon, adjacent to or across the Easement Area.
6. APPROVAL BY CITY COUNCIL. This Easement shall not be binding until it has
received final approval and acceptance by the Waukee City Council by Resolution, which
approval and acceptance shall be noted on this Easement.
EXHIBIT C
4
7. SPECIAL PROVISIONS. None.
Grantor does hereby covenant with the City that Grantor holds said real estate described in this
Easement by Title in Fee Simple; that Grantor has good and lawful authority to convey the same;
and said Grantor covenants to warrant and defend the said premises against the lawful 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 .
[This space intentionally left blank]
EXHIBIT C
5
CITY OF CLIVE, GRANTOR
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively of the City of Clive, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No.
of the City Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
6
APPROVAL AND ACCEPTANCE BY GRANTEE:
CITY OF WAUKEE, IOWA:
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, 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 seal affixed
to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by the authority of its City Council, under
Resolution No. of the City Council on the day of , 20 , and that
and acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by
it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
EXHIBIT C
EXHIBIT C
1
Prepared by: Andy Willcuts, P.E., Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, Iowa 50266 515-225-8000
Return to: City of Waukee, 805 University Avenue, Waukee, Iowa 50263
Project: Northeast Outfall Sewer
PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY
The City of Clive, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in
consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey
unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for
Sanitary Sewer Right-of-Way under, over, through and across the following described property:
A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN LOT 'E', LOT 'F' AND
OUTLOT 'S' IN SHADOW CREEK, AN OFFICIAL PLAT NOW INCLUDED IN AND
FORMING A PART OF THE CITY OF CLIVE, DALLAS COUNTY, IOWA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SHADOW CREEK; THENCE
NORTH 00°10'09” EAST ALONG THE EAST LINE OF SAID SHADOW CREEK, 1102.89
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°48'38” WEST, 623.13 FEET;
THENCE NORTH 35°50'57" WEST, 231.55 FEET; THENCE SOUTH 89°20'45" WEST, 213.31
FEET; THENCE SOUTH 39°00'26" WEST, 177.11 FEET; THENCE SOUTH 49°19'59" WEST,
318.67 FEET TO THE EAST LINE OF PARCEL 'B' OF SAID OUTLOT 'S' AS SHOWN ON
THE PLAT OF SURVEY RECORDED IN BOOK 2010 ON PAGE 10519 IN THE DALLAS
COUNTY RECORDER'S OFFICE; THENCE NORTH 00°23'02" EAST ALONG SAID EAST
LINE, 39.78 FEET; THENCE NORTH 49°19'59" EAST, 289.83 FEET; NORTH 39°00'26"
EAST, 188.49 FEET; THENCE NORTH 89°20'45" EAST, 242.96 FEET; THENCE SOUTH
35°50'57" EAST, 231.70 FEET; THENCE NORTH 89°48'38" EAST, 607.92 FEET TO SAID
EAST LINE OF SHADOW CREEK; THENCE SOUTH 00°10'09" WEST ALONG SAID EAST
LINE, 30.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 46,870 SQUARE
FEET (1.08 ACRES).
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES ARE
REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE SYSTEM, SOUTH
ZONE, US SURVEY FEET.
EXHIBIT C
2
Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5425
(hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee
constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with
the necessary appurtenances thereto, under, over and through said Easement Area.
This Easement shall be subject to the following terms and conditions:
1. ERECTION OF STRUCTURES AND PLACEMENT OF EQUIPMENT OR
PLANTINGS IN EASEMENT AREA IN PUBLIC PARKS; DUTY TO RESTORE.
(a) Grantor reserves the right to construct or authorize the construction of structures, and
to place or authorize the placement of equipment and plantings, within Easement Area in
public parks, as it shall deem necessary or appropriate, including but not limited to
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances; recreational and
playground equipment; ice rinks; fountains; public art; and plantings including,
shrubs, flowers and sod;
but not including
park shelters, public toilets or park maintenance buildings.
At least fourteen (14) business days prior to final plan approval by Grantor of such
structures, equipment and plantings. Grantor shall provide the Des Moines Metropolitan
Wastewater Reclamation Authority (hereinafter “WRA”) with written notice thereof and
an opportunity to review such plans and provide input regarding the proposed locations of
such structures, equipment and plantings. Such structures, equipment and plantings shall
be constructed as not to disturb, damage or destroy Grantee's sanitary sewer facilities, and
shall be so placed as not to physically interfere with or prevent the day-to-day operation
and maintenance of the sanitary sewer facilities located within the Easement Area.
(b) In the event Grantee is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its sanitary sewer facilities, Grantee shall be responsible for
restoring, at its sole cost and expense, or for paying Grantor's cost to restore, the Easement
Area, including
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances, recreational and
playground equipment, ice rinks, fountains, and public art, and including plantings,
trees, shrubs, flowers and sod, which are disturbed, damaged or destroyed by such
activities.
(c) In the event Grantor is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its structures, improvements, equipment or plantings identified
above, Grantor shall be responsible for restoring or repairing, at its sole cost and expense,
EXHIBIT C
3
Grantee's sanitary sewer facilities which are disturbed, damaged or destroyed by such
activities.
2. ERECTION OF STRUCTURES OR IMPROVEMENTS IN EASEMENT AREA.
Unless specifically identified herein and erected, placed or constructed in accordance with
the terms of this Easement, Grantor shall not erect or authorize the erection of construction
of any structure or other improvement, and shall not place or authorize the placement of
equipment or trees, over or within Easement Area without the prior written approval of the
WRA.
3. RIGHT OF ACCESS. The Grantee, its agents, contractors, employees and assigns 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. This Easement
allows the Grantee, its agents, contractors, employees and assigns the right to enter in, upon
and on to the Easement Area at any time to perform any and all activities related to or
necessary for the construction, reconstruction, repair, enlargement or maintenance of the
sanitary sewer, including but not limited to the following activities: (1) grading and
excavation; (2) hauling, transporting and storage of materials and equipment; (3) removal
of any unauthorized plantings or structures placed or erected within the Easement Area;
(4) trimming and/or removal of trees, shrubs, and landscaping within or encroaching upon
the Easement Area; and (5) utility work including but not limited to relocation, placement
and removal of various utility facilities such as electric poles and wires, water lines, sewer
lines and natural gas facilities that are within or encroaching upon the Easement Area. This
right of access shall begin on the date that Grantor executes this document.
4. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land
and shall be binding on Grantor and on Grantor's successors and assigns and on Grantee’s
successors and assigns. Grantee intends to quit claim all its interest in the property interests
and sewer to the WRA upon completion of the project and acceptance of the Waukee
Northeast Outfall Sewer by the WRA.
5. RESERVATION OF RIGHTS. The City does hereby reserve to itself, and this Easement
is granted subject to, the right to regulate the use and occupancy of City street rights-of-
way constructed upon, adjacent to or across the Easement Area.
6. APPROVAL BY CITY COUNCIL. This Easement shall not be binding until it has
received final approval and acceptance by the Waukee City Council by Resolution, which
approval and acceptance shall be noted on this Easement.
7. SPECIAL PROVISIONS. None.
Grantor does hereby covenant with the City that Grantor holds said real estate described in this
Easement by Title in Fee Simple; that Grantor has good and lawful authority to convey the same;
and said Grantor covenants to warrant and defend the said premises against the lawful claims of
all persons whomsoever.
EXHIBIT C
4
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 .
[This space intentionally left blank]
EXHIBIT C
5
CITY OF CLIVE, GRANTOR
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively of the City of Clive, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No.
of the City Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
6
APPROVAL AND ACCEPTANCE BY GRANTEE:
CITY OF WAUKEE, IOWA:
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, 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 seal affixed
to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by the authority of its City Council, under
Resolution No. of the City Council on the day of , 20 , and that
and acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by
it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
EXHIBIT C
1
Prepared by: Andy Willcuts, P.E., Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, Iowa 50266 515-225-8000
Return to: City of Waukee, 805 University Avenue, Waukee, Iowa 50263
Project: Northeast Outfall Sewer
PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY
The City of Clive, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in
consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey
unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for
Sanitary Sewer Right-of-Way under, over, through and across the following described property:
A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN LOT B AND LOT C IN
VERONA HILLS PLAT 1 AND LOCATED IN OUTLOT 'Y' IN TOWNHOMES OF WALNUT
CREEK HILLS, BOTH OFFICIAL PLATS, NOW INCLUDED IN AND FORMING A PART
OF THE CITY OF CLIVE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 23, TOWNSHIP 79
NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY,
IOWA; THENCE NORTH 00°10'09" EAST ALONG THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 23 AND ALONG THE WEST LINE OF SAID LOT B,
VERONA HILLS PLAT 1, A DISTANCE OF 1102.89 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00°10'09" EAST ALONG SAID WEST LINE, 30.00 FEET;
THENCE NORTH 89°48'38" EAST, 363.71 FEET; THENCE SOUTH 65°28'33" EAST, 385.66
FEET; THENCE SOUTH 45°49'17" EAST, 170.60 FEET; THENCE SOUTH 75°45'48" EAST,
193.47 FEET; THENCE SOUTH 66°29'24" EAST, 252.99 FEET; THENCE SOUTH 57°06'18"
EAST, 247.99 FEET; THENCE SOUTH 36°14'38" EAST, 373.67 FEET; THENCE SOUTH
83°36'46" EAST, 67.54 FEET; THENCE SOUTH 38°00'14" EAST, 83.95 FEET TO THE EAST
LINE OF SAID OUTLOT 'Y IN TOWNHOMES OF WALNUT CREEK HILLS; THENCE
SOUTH 06°19'20" WEST ALONG SAID EAST LINE, 42.93 FEET; THENCE NORTH
38°00'14" WEST, 102.05 FEET; THENCE NORTH 83°36'46" WEST, 68.09 FEET; THENCE
NORTH 36°14'38" WEST, 381.31 FEET; THENCE NORTH 57°06'18" WEST, 240.01 FEET;
THENCE NORTH 66°29'24" WEST, 248.09 FEET; THENCE NORTH 75°45'48" WEST, 199.06
EXHIBIT C
2
FEET; THENCE NORTH 45°49'17" WEST, 173.43 FEET; THENCE NORTH 65°28'33" WEST,
373.89 FEET; THENCE SOUTH 89°48'38" WEST, 357.32 FEET TO THE POINT OF
BEGINNING AND CONTAINING 64,242 SQUARE FEET (1.47 ACRES).
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES ARE
REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE SYSTEM, SOUTH
ZONE, US SURVEY FEET.
Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5426
(hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee
constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with
the necessary appurtenances thereto, under, over and through said Easement Area.
This Easement shall be subject to the following terms and conditions:
1. ERECTION OF STRUCTURES AND PLACEMENT OF EQUIPMENT OR
PLANTINGS IN EASEMENT AREA IN PUBLIC PARKS; DUTY TO RESTORE.
(a) Grantor reserves the right to construct or authorize the construction of structures, and
to place or authorize the placement of equipment and plantings, within Easement Area in
public parks, as it shall deem necessary or appropriate, including but not limited to
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances; recreational and
playground equipment; ice rinks; fountains; public art; and plantings including,
shrubs, flowers and sod;
but not including
park shelters, public toilets or park maintenance buildings.
At least fourteen (14) business days prior to final plan approval by Grantor of such
structures, equipment and plantings. Grantor shall provide the Des Moines Metropolitan
Wastewater Reclamation Authority (hereinafter “WRA”) with written notice thereof and
an opportunity to review such plans and provide input regarding the proposed locations of
such structures, equipment and plantings. Such structures, equipment and plantings shall
be constructed as not to disturb, damage or destroy Grantee's sanitary sewer facilities, and
shall be so placed as not to physically interfere with or prevent the day-to-day operation
and maintenance of the sanitary sewer facilities located within the Easement Area.
(b) In the event Grantee is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its sanitary sewer facilities, Grantee shall be responsible for
restoring, at its sole cost and expense, or for paying Grantor's cost to restore, the Easement
Area, including
EXHIBIT C
3
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances, recreational and
playground equipment, ice rinks, fountains, and public art, and including plantings,
trees, shrubs, flowers and sod, which are disturbed, damaged or destroyed by such
activities.
(c) In the event Grantor is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its structures, improvements, equipment or plantings identified
above, Grantor shall be responsible for restoring or repairing, at its sole cost and expense,
Grantee's sanitary sewer facilities which are disturbed, damaged or destroyed by such
activities.
2. ERECTION OF STRUCTURES OR IMPROVEMENTS IN EASEMENT AREA.
Unless specifically identified herein and erected, placed or constructed in accordance with
the terms of this Easement, Grantor shall not erect or authorize the erection of construction
of any structure or other improvement, and shall not place or authorize the placement of
equipment or trees, over or within Easement Area without the prior written approval of the
WRA.
3. RIGHT OF ACCESS. The Grantee, its agents, contractors, employees and assigns 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. This Easement
allows the Grantee, its agents, contractors, employees and assigns the right to enter in, upon
and on to the Easement Area at any time to perform any and all activities related to or
necessary for the construction, reconstruction, repair, enlargement or maintenance of the
sanitary sewer, including but not limited to the following activities: (1) grading and
excavation; (2) hauling, transporting and storage of materials and equipment; (3) removal
of any unauthorized plantings or structures placed or erected within the Easement Area;
(4) trimming and/or removal of trees, shrubs, and landscaping within or encroaching upon
the Easement Area; and (5) utility work including but not limited to relocation, placement
and removal of various utility facilities such as electric poles and wires, water lines, sewer
lines and natural gas facilities that are within or encroaching upon the Easement Area. This
right of access shall begin on the date that Grantor executes this document.
4. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land
and shall be binding on Grantor and on Grantor's successors and assigns and on Grantee’s
successors and assigns. Grantee intends to quit claim all its interest in the property interests
and sewer to the WRA upon completion of the project and acceptance of the Waukee
Northeast Outfall Sewer by the WRA.
5. RESERVATION OF RIGHTS. The City does hereby reserve to itself, and this Easement
is granted subject to, the right to regulate the use and occupancy of City street rights-of-
way constructed upon, adjacent to or across the Easement Area.
EXHIBIT C
4
6. APPROVAL BY CITY COUNCIL. This Easement shall not be binding until it has
received final approval and acceptance by the Waukee City Council by Resolution, which
approval and acceptance shall be noted on this Easement.
7. SPECIAL PROVISIONS. None.
Grantor does hereby covenant with the City that Grantor holds said real estate described in this
Easement by Title in Fee Simple; that Grantor has good and lawful authority to convey the same;
and said Grantor covenants to warrant and defend the said premises against the lawful 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 .
[This space intentionally left blank]
EXHIBIT C
5
CITY OF CLIVE, GRANTOR
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively of the City of Clive, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No.
of the City Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
6
APPROVAL AND ACCEPTANCE BY GRANTEE:
CITY OF WAUKEE, IOWA:
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, 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 seal affixed
to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by the authority of its City Council, under
Resolution No. of the City Council on the day of , 20 , and that
and acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by
it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
EXHIBIT C
EXHIBIT C
1
Prepared by: Andy Willcuts, P.E., Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, Iowa 50266 515-225-8000
Return to: City of Waukee, 805 University Avenue, Waukee, Iowa 50263
Project: Northeast Outfall Sewer
PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY
The City of Clive, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in
consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey
unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for
Sanitary Sewer Right-of-Way under, over, through and across the following described property:
A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN OUTLOT 'M' IN WALNUT
CREEK HILLS OF CLIVE PLAT 1 AND LOCATED IN OUTLOT 'Y' IN ANGEL PARK PLAT
5, BOTH OFFICIAL PLATS, NOW INCLUDED IN AND FORMING A PART OF THE CITY
OF CLIVE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID OUTLOT 'Y'; THENCE SOUTH
00°15'25” WEST ALONG THE EAST LINE OF SAID OUTLOT 'Y', 76.99 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°15'25” WEST, 35.98 FEET;
THENCE NORTH 56°14'29" WEST, 294.13 FEET; THENCE NORTH 59°55'07" WEST, 309.13
FEET; THENCE NORTH 62°15'28" WEST, 282.60 FEET; THENCE NORTH 38°00'14" WEST,
118.88 FEET TO THE WEST LINE OF SAID OUTLOT 'M'; THENCE NORTH 06°19'20" EAST
ALONG SAID WEST LINE, 42.93 FEET; THENCE SOUTH 38°00'14" EAST, 143.14 FEET;
SOUTH 62°15'28" EAST, 276.77 FEET; THENCE SOUTH 59°55'07" EAST, 310.71 FEET;
THENCE SOUTH 56°14'29" EAST, 275.23 FEET TO THE POINT OF BEGINNING AND
CONTAINING 30,159 SQUARE FEET (0.69 ACRES).
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES ARE
REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE SYSTEM, SOUTH
ZONE, US SURVEY FEET.
Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5427
(hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee
constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with
the necessary appurtenances thereto, under, over and through said Easement Area.
EXHIBIT C
2
This Easement shall be subject to the following terms and conditions:
1. ERECTION OF STRUCTURES AND PLACEMENT OF EQUIPMENT OR
PLANTINGS IN EASEMENT AREA IN PUBLIC PARKS; DUTY TO RESTORE.
(a) Grantor reserves the right to construct or authorize the construction of structures, and
to place or authorize the placement of equipment and plantings, within Easement Area in
public parks, as it shall deem necessary or appropriate, including but not limited to
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances; recreational and
playground equipment; ice rinks; fountains; public art; and plantings including,
shrubs, flowers and sod;
but not including
park shelters, public toilets or park maintenance buildings.
At least fourteen (14) business days prior to final plan approval by Grantor of such
structures, equipment and plantings. Grantor shall provide the Des Moines Metropolitan
Wastewater Reclamation Authority (hereinafter “WRA”) with written notice thereof and
an opportunity to review such plans and provide input regarding the proposed locations of
such structures, equipment and plantings. Such structures, equipment and plantings shall
be constructed as not to disturb, damage or destroy Grantee's sanitary sewer facilities, and
shall be so placed as not to physically interfere with or prevent the day-to-day operation
and maintenance of the sanitary sewer facilities located within the Easement Area.
(b) In the event Grantee is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its sanitary sewer facilities, Grantee shall be responsible for
restoring, at its sole cost and expense, or for paying Grantor's cost to restore, the Easement
Area, including
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances, recreational and
playground equipment, ice rinks, fountains, and public art, and including plantings,
trees, shrubs, flowers and sod, which are disturbed, damaged or destroyed by such
activities.
(c) In the event Grantor is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its structures, improvements, equipment or plantings identified
above, Grantor shall be responsible for restoring or repairing, at its sole cost and expense,
Grantee's sanitary sewer facilities which are disturbed, damaged or destroyed by such
activities.
EXHIBIT C
3
2. ERECTION OF STRUCTURES OR IMPROVEMENTS IN EASEMENT AREA.
Unless specifically identified herein and erected, placed or constructed in accordance with
the terms of this Easement, Grantor shall not erect or authorize the erection of construction
of any structure or other improvement, and shall not place or authorize the placement of
equipment or trees, over or within Easement Area without the prior written approval of the
WRA.
3. RIGHT OF ACCESS. The Grantee, its agents, contractors, employees and assigns 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. This Easement
allows the Grantee, its agents, contractors, employees and assigns the right to enter in, upon
and on to the Easement Area at any time to perform any and all activities related to or
necessary for the construction, reconstruction, repair, enlargement or maintenance of the
sanitary sewer, including but not limited to the following activities: (1) grading and
excavation; (2) hauling, transporting and storage of materials and equipment; (3) removal
of any unauthorized plantings or structures placed or erected within the Easement Area;
(4) trimming and/or removal of trees, shrubs, and landscaping within or encroaching upon
the Easement Area; and (5) utility work including but not limited to relocation, placement
and removal of various utility facilities such as electric poles and wires, water lines, sewer
lines and natural gas facilities that are within or encroaching upon the Easement Area. This
right of access shall begin on the date that Grantor executes this document.
4. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land
and shall be binding on Grantor and on Grantor's successors and assigns and on Grantee’s
successors and assigns. Grantee intends to quit claim all its interest in the property interests
and sewer to the WRA upon completion of the project and acceptance of the Waukee
Northeast Outfall Sewer by the WRA.
5. RESERVATION OF RIGHTS. The City does hereby reserve to itself, and this Easement
is granted subject to, the right to regulate the use and occupancy of City street rights-of-
way constructed upon, adjacent to or across the Easement Area.
6. APPROVAL BY CITY COUNCIL. This Easement shall not be binding until it has
received final approval and acceptance by the Waukee City Council by Resolution, which
approval and acceptance shall be noted on this Easement.
7. SPECIAL PROVISIONS. None.
Grantor does hereby covenant with the City that Grantor holds said real estate described in this
Easement by Title in Fee Simple; that Grantor has good and lawful authority to convey the same;
and said Grantor covenants to warrant and defend the said premises against the lawful 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.
EXHIBIT C
4
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 .
[This space intentionally left blank]
EXHIBIT C
5
CITY OF CLIVE, GRANTOR
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively of the City of Clive, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No.
of the City Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
6
APPROVAL AND ACCEPTANCE BY GRANTEE:
CITY OF WAUKEE, IOWA:
By:
Mayor
Attest:
City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
, to me personally known, and, 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 seal affixed
to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by the authority of its City Council, under
Resolution No. of the City Council on the day of , 20 , and that
and acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by
it voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
EXHIBIT C
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: City of Clive, Iowa
Grantee: City of Waukee, Iowa
EXHIBIT C
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, City of Clive, Iowa, (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:
Sanitary Sewer
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
EXHIBIT C
- 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__.
THE CITY OF CLIVE CITY OF WAUKEE
______________________________ ____________________________
Mayor Courtney Clarke, Mayor
Attest: Attest:
____________________________
City Clerk Rebecca D. Schuett, City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
and , to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the
City of Clive, Iowa; that the seal affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by the authority of its City Council, under Resolution No. of the City
Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation by it
voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
- 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
EXHIBIT C
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-5422)
A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN PARCEL 'BB’ AND
IN PARCEL 'AA’ AS SHOWN ON THE ACQUISITION PLAT RECORDED IN
BOOK 2013, PAGE 22091 IN THE SOUTHWEST QUARTER OF SECTION 22,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 'BB'; THENCE
NORTH 89°54'51” EAST ALONG THE SOUTH LINE OF SAID PARCEL 'BB', 35.27
FEET TO THE POINT OF BEGINNING; THENCE NORTH 24°00’58" EAST, 11.36
FEET; THENCE NORTH 65°59’02" WEST, 43.68 FEET TO THE WEST LINE OF
SAID PARCEL ‘BB’; THENCE NORTH 00°01’29" WEST ALONG SAID WEST
LINE, 21.90 FEET; THENCE SOUTH 65°59’02" EAST, 52.60 FEET; THENCE
NORTH 24°00’58" EAST, 159.25 FEET TO SAID WEST LINE; THENCE NORTH
45°20’14" EAST ALONG SAID WEST LINE, 343.14 FEET; THENCE NORTH
69°55’34" EAST ALONG SAID WEST LINE, 464.54 FEET; THENCE NORTH
24°15’18" EAST ALONG SAID WEST LINE, 123.44 FEET; THENCE NORTH
00°27’49" EAST ALONG SAID WEST LINE, 282.67 FEET; THENCE NORTH
41°03’12" EAST ALONG SAID WEST LINE OF PARCEL ‘BB’ AND ALONG THE
WEST LINE OF SAID PARCEL ‘AA’, 538.99 FEET; THENCE NORTH 16°53’54"
WEST ALONG SAID WEST LINE OF PARCEL ‘AA’, 96.67 FEET; THENCE
NORTH 03°23’41" EAST, 197.89 FEET; THENCE NORTH 08°40’20" EAST, 178.65
FEET TO THE NORTH LINE OF SAID PARCEL ‘AA’; THENCE SOUTH 69°48’53"
EAST ALONG SAID NORTH LINE, 18.85 FEET; THENCE NORTH 58°21’21" EAST
ALONG SAID NORTH LINE, 80.71 FEET; THENCE SOUTH 08°39’54" WEST,
223.88 FEET; THENCE SOUTH 03°23’41" WEST, 289.88 FEET; THENCE SOUTH
41°04’50" WEST, 539.47 FEET; THENCE SOUTH 01°13’13" WEST, 396.25 FEET;
THENCE SOUTH 69°54’01" WEST, 461.14 FEET; THENCE SOUTH 43°00’52"
WEST, 379.30 FEET; THENCE SOUTH 24°00’58" WEST, 141.71 FEET TO SAID
SOUTH LINE OF PARCEL ‘BB’ ; THENCE SOUTH 89°54’51" WEST ALONG SAID
SOUTH LINE, 98.60 FEET TO THE POINT OF BEGINNING AND CONTAINING
69,656 SQUARE FEET (1.60 ACRES), EXCLUDING PERPETUAL EASEMENT
EXHIBIT PE-5422 FOR THE WAUKEE NORTHWEST OUTFALL SEWER
PROJECT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES
ARE REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE
SYSTEM, SOUTH ZONE, US SURVEY FEET.
EXHIBIT C
EXHIBIT C
EXHIBIT C
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: City of Clive, Iowa
Grantee: City of Waukee, Iowa
EXHIBIT C
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, City of Clive, Iowa, (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:
Sanitary Sewer
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
EXHIBIT C
- 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__.
THE CITY OF CLIVE CITY OF WAUKEE
______________________________ ____________________________
Mayor Courtney Clarke, Mayor
Attest: Attest:
____________________________
City Clerk Rebecca D. Schuett, City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
and , to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the
City of Clive, Iowa; that the seal affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by the authority of its City Council, under Resolution No. of the City
Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation by it
voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
- 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
EXHIBIT C
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-5423)
A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN PARCEL 'AA’ AS
SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2013, PAGE 22091 IN
THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE
26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA AND
LOCATED IN OUTLOT 'Y’ IN SHADOW CREEK PLAT 6, AN OFFICIAL PLAT,
NOW INCLUDED IN AND FORMING A PART OF THE CITY OF CLIVE, DALLAS
COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 'AA'; THENCE
SOUTH 00°02’08" WEST ALONG THE EAST LINE OF SAID PARCEL ‘AA’, 89.30
FEET; THENCE SOUTH 86°34’01" WEST, 98.38 FEET; THENCE NORTH 82°47’24"
WEST, 434.96 FEET; THENCE SOUTH 86°23’11" WEST, 398.34 FEET; THENCE
SOUTH 89°38’57" WEST, 279.37 FEET; THENCE SOUTH 08°39’54" WEST, 28.63
FEET TO THE SOUTH LINE OF SAID OUTLOT ‘Y’; THENCE SOUTH 58°21’21"
WEST ALONG SAID SOUTH LINE, 80.71 FEET; THENCE NORTH 69°48’53"
WEST ALONG SAID SOUTH LINE, 18.85 FEET; THENCE NORTH 08°40’20"
EAST, 155.50 FEET; THENCE NORTH 89°38’57" EAST, 156.61 FEET TO THE
NORTH LINE OF SAID OUTLOT ‘Y’; THENCE SOUTH 79°57’47" EAST ALONG
SAID NORTH LINE, 113.28 FEET; THENCE NORTH 86°50’02" EAST ALONG
SAID NORTH LINE, 131.87 FEET; THENCE NORTH 76°45’37" EAST ALONG
SAID NORTH LINE, 102.41 FEET; THENCE NORTH 86°23’11" EAST, 248.02 FEET;
THENCE SOUTH 82°47’24" EAST, 435.10 FEET; THENCE NORTH 87°05’01"
EAST, 95.40 FEET TO THE POINT OF BEGINNING AND CONTAINING 76,488
SQUARE FEET (1.76 ACRES) EXCLUDING PERPETUAL EASEMENT EXHIBIT
PE-5423 FOR THE WAUKEE NORTHWEST OUTFALL SEWER PROJECT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES
ARE REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE
SYSTEM, SOUTH ZONE, US SURVEY FEET.
EXHIBIT C
EXHIBIT C
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: City of Clive, Iowa
Grantee: City of Waukee, Iowa
EXHIBIT C
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, City of Clive, Iowa, (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:
Sanitary Sewer
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
EXHIBIT C
- 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__.
THE CITY OF CLIVE CITY OF WAUKEE
______________________________ ____________________________
Mayor Courtney Clarke, Mayor
Attest: Attest:
____________________________
City Clerk Rebecca D. Schuett, City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
and , to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the
City of Clive, Iowa; that the seal affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by the authority of its City Council, under Resolution No. of the City
Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation by it
voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
- 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
EXHIBIT C
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-5424)
A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN PARCEL 'B’ OF
OUTLOT 'S’ AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2010,
PAGE 10519 OF SHADOW CREEK, AN OFFICIAL PLAT, NOW INCLUDED IN
AND FORMING A PART OF THE CITY OF CLIVE, DALLAS COUNTY, IOWA;
AND LOCATED IN PARCEL ’19-136’ OF AUDITOR’S PARCEL ‘AA’ IN SAID
OUTLOT ‘S’ AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2019,
PAGE 24865 IN THE DALLAS COUNTY RECORDER’S OFFICE; AND LOCATED
IN OUTLOT 'Z’ OF SHADOW CREEK PLAT 5, AN OFFICIAL PLAT, NOW
INCLUDED IN AND FORMING A PART OF THE CITY OF CLIVE, DALLAS
COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTHWEST CORNER OF OUTLOT 'T', SHADOW CREEK,
ALSO KNOW AS THE SOUTHEAST CORNER OF SAID PARCEL 'B'; THENCE
NORTH 00°23'02" EAST ALONG THE EAST LINE OF SAID PARCEL 'B', 487.29
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 49°19’59" WEST, 514.08
FEET; THENCE SOUTH 36°53’09" WEST, 269.70 FEET; THENCE SOUTH
17°06’53" WEST, 308.26 FEET; THENCE SOUTH 46°55’21" WEST, 427.22 FEET;
THENCE SOUTH 01°16’04" WEST, 335.48 FEET; THENCE SOUTH 56°51’11"
WEST, 366.72 FEET; THENCE SOUTH 86°34’01" WEST, 57.41 FEET TO THE
WEST LINE OF SAID PARCEL ‘B’; THENCE NORTH 00°09’31" EAST ALONG
SAID WEST LINE, 89.32 FEET; THENCE NORTH 84°48’14" EAST, 27.96 FEET;
THENCE NORTH 56°51’11" EAST, 309.95 FEET; THENCE NORTH 01°16’04"
EAST, 329.43 FEET; THENCE NORTH 46°55’21" EAST, 424.37 FEET; THENCE
NORTH 17°06’53" EAST, 299.99 FEET; THENCE NORTH 36°53’09" EAST, 295.20
FEET; THENCE NORTH 49°19’59" EAST, 602.27 FEET TO THE EAST LINE OF
SAID PARCEL ’19-136’; THENCE SOUTH 00°23’02" WEST ALONG SAID EAST
LINE OF PARCEL ’19-136’ AND SAID PARCEL ‘B’, 119.34 FEET TO THE POINT
OF BEGINNING AND CONTAINING 133,187 SQUARE FEET (3.06 ACRES),
EXCLUDING PERPETUAL EASEMENT EXHIBIT PE-5424 FOR THE WAUKEE
NORTHWEST OUTFALL SEWER PROJECT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES
ARE REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE
SYSTEM, SOUTH ZONE, US SURVEY FEET.
EXHIBIT C
EXHIBIT C
EXHIBIT C
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: City of Clive, Iowa
Grantee: City of Waukee, Iowa
EXHIBIT C
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, City of Clive, Iowa, (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:
Sanitary Sewer
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
EXHIBIT C
- 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__.
THE CITY OF CLIVE CITY OF WAUKEE
______________________________ ____________________________
Mayor Courtney Clarke, Mayor
Attest: Attest:
____________________________
City Clerk Rebecca D. Schuett, City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
and , to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the
City of Clive, Iowa; that the seal affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by the authority of its City Council, under Resolution No. of the City
Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation by it
voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
- 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
EXHIBIT C
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-5425)
A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN LOT 'E', LOT 'F’
AND OUTLOT 'S’ IN SHADOW CREEK, AN OFFICIAL PLAT NOW INCLUDED IN
AND FORMING A PART OF THE CITY OF CLIVE, DALLAS COUNTY, IOWA
AND IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SHADOW CREEK;
THENCE NORTH 00°10'09” EAST ALONG THE EAST LINE OF SAID SHADOW
CREEK, 1305.91 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
89°35’27" WEST, 62.29 FEET; THENCE SOUTH 01°46’19" WEST, 222.90 FEET;
THENCE SOUTH 89°48’26" WEST, 75.65 FEET; THENCE NORTH 00°11’22"
WEST, 10.00 FEET; THENCE SOUTH 89°48’38" WEST, 477.82 FEET; THENCE
NORTH 35°50’57" WEST, 231.56 FEET; THENCE SOUTH 89°20’45" WEST, 209.55
FEET; THENCE SOUTH 39°00’26" WEST, 173.31 FEET; THENCE SOUTH
49°19’59" WEST, 328.28 FEET TO THE WEST LINE OF SAID OUTLOT ‘S’;
THENCE NORTH 00°23’02" EAST ALONG SAID WEST LINE, 119.34 FEET;
THENCE NORTH 49°19’59" EAST, 297.56 FEET; THENCE NORTH 39°00’26"
EAST, 160.87 FEET; THENCE NORTH 89°20’45" EAST, 279.39 FEET; THENCE
SOUTH 35°50’57" EAST, 231.96 FEET; THENCE NORTH 89°48’38" EAST, 493.76
FEET; THENCE NORTH 03°18’05" EAST, 142.97 FEET TO THE NORTH LINE OF
SAID LOT ‘F’; THENCE NORTH 89°35’27" EAST ALONG SAID NORTH LINE OF
LOT ‘F’ AND ALONG THE NORTH LINE OF SAID LOT ‘E’, 81.01 FEET TO THE
NORTHEAST CORNER OF SAID SHADOW CREEK; THENCE SOUTH 00°10’09"
WEST ALONG SAID EAST LINE OF SHADOW CREEK, 20.00 FEET TO THE
POINT OF BEGINNING AND CONTAINING 91,590 SQUARE FEET (2.10 ACRES),
EXCLUDING PERPETUAL EASEMENT EXHIBIT PE-5425 FOR THE WAUKEE
NORTHWEST OUTFALL SEWER PROJECT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES
ARE REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE
SYSTEM, SOUTH ZONE, US SURVEY FEET.
EXHIBIT C
EXHIBIT C
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: City of Clive, Iowa
Grantee: City of Waukee, Iowa
EXHIBIT C
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, City of Clive, Iowa, (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:
Sanitary Sewer
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
EXHIBIT C
- 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__.
THE CITY OF CLIVE CITY OF WAUKEE
______________________________ ____________________________
Mayor Courtney Clarke, Mayor
Attest: Attest:
____________________________
City Clerk Rebecca D. Schuett, City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
and , to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the
City of Clive, Iowa; that the seal affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by the authority of its City Council, under Resolution No. of the City
Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation by it
voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
- 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
EXHIBIT C
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-5426)
A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN LOT B AND LOT C
IN VERONA HILLS PLAT 1 AND LOCATED IN OUTLOT 'Y’ IN TOWNHOMES
OF WALNUT CREEK HILLS, BOTH OFFICIAL PLATS, NOW INCLUDED IN AND
FORMING A PART OF THE CITY OF CLIVE, DALLAS COUNTY, IOWA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 23, TOWNSHIP
79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS
COUNTY, IOWA; THENCE NORTH 00°10'09" EAST ALONG THE WEST LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 23 AND ALONG THE WEST
LINE OF SAID LOT B, VERONA HILLS PLAT 1, A DISTANCE OF 1305.91 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°10'09" EAST
ALONG SAID WEST LINE, 20.00 FEET; THENCE SOUTH 89°46’23" EAST, 96.78
FEET; THENCE SOUTH 45°00’00" EAST, 19.17 FEET; THENCE SOUTH 00°00’00"
EAST, 44.80 FEET; THENCE SOUTH 44°20’59" EAST, 48.55 FEET; THENCE
SOUTH 00°11’22" EAST, 29.09 FEET; THENCE SOUTH 78°52’46" EAST, 101.98
FEET; THENCE NORTH 89°48’38" EAST, 129.49 FEET; THENCE SOUTH
65°28’33" EAST, 202.64 FEET; THENCE SOUTH 24°31’27" WEST, 10.00 FEET;
THENCE SOUTH 65°28’33" EAST, 200.90 FEET; THENCE SOUTH 45°49’17"
EAST, 166.83 FEET; THENCE SOUTH 75°45’48" EAST, 186.02 FEET; THENCE
SOUTH 66°29’24" EAST, 259.52 FEET; THENCE SOUTH 57°06’18" EAST, 258.70
FEET; THENCE SOUTH 36°06’49" EAST, 174.37 FEET TO THE NORTH LINE OF
SAID OUTLOT ‘Y’; THENCE SOUTH 27°33’57" EAST ALONG SAID NORTH
LINE, 72.00 FEET; THENCE SOUTH 41°53’48" EAST ALONG SAID NORTH LINE,
30.00 FEET; THENCE SOUTH 64°52’52" EAST ALONG SAID NORTH LINE, 15.95
FEET; THENCE SOUTH 36°06’49" EAST, 86.86 FEET; THENCE SOUTH 83°36’46"
EAST, 54.53 FEET; THENCE SOUTH 38°00’14" EAST, 65.85 FEET TO THE EAST
LINE OF SAID OUTLOT ‘Y’; THENCE SOUTH 06°19’20" WEST ALONG SAID
EAST LINE, 128.80 FEET; THENCE NORTH 38°00’14" WEST, 120.15 FEET;
THENCE NORTH 83°36’46" WEST, 42.73 FEET; THENCE NORTH 36°06’49"
WEST, 410.20 FEET; THENCE NORTH 57°06’18" WEST, 237.32 FEET; THENCE
NORTH 66°29’24" WEST, 246.46 FEET; THENCE NORTH 75°45’48" WEST, 200.93
FEET; THENCE NORTH 45°49’17" WEST, 174.37 FEET; THENCE NORTH
65°28’33" WEST, 369.96 FEET; THENCE SOUTH 89°49’01" WEST, 172.95 FEET;
THENCE SOUTH 00°08’12" WEST, 10.11 FEET; THENCE SOUTH 89°52’31" WEST,
95.00 FEET; THENCE NORTH 00°11’22" WEST, 99.99 FEET; THENCE NORTH
89°48’44" EAST, 38.24 FEET; THENCE NORTH 00°11’43" WEST, 32.87 FEET;
THENCE NORTH 22°16’21" WEST, 15.03 FEET; THENCE NORTH 44°20’59"
WEST, 64.51 FEET; THENCE NORTH 18°38’34" WEST, 31.08 FEET; NORTH
89°46’23" WEST, 63.66 FEET TO THE POINT OF BEGINNING AND CONTAINING
EXHIBIT C
- 6 -
116,542 SQUARE FEET (2.68 ACRES), EXCLUDING PERPETUAL EASEMENT
EXHIBIT PE-5426 FOR THE WAUKEE NORTHWEST OUTFALL SEWER
PROJECT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES
ARE REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE
SYSTEM, SOUTH ZONE, US SURVEY FEET.
EXHIBIT C
EXHIBIT C
EXHIBIT C
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: City of Clive, Iowa
Grantee: City of Waukee, Iowa
EXHIBIT C
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, City of Clive, Iowa, (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:
Sanitary Sewer
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
EXHIBIT C
- 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__.
THE CITY OF CLIVE CITY OF WAUKEE
______________________________ ____________________________
Mayor Courtney Clarke, Mayor
Attest: Attest:
____________________________
City Clerk Rebecca D. Schuett, City Clerk
State of Iowa )
) ss
County of Polk )
On this day of 20 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
and , to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the
City of Clive, Iowa; that the seal affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by the authority of its City Council, under Resolution No. of the City
Council on the day of , 20 , and that
and acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation by it
voluntarily executed.
Notary Public in and for the State of Iowa
EXHIBIT C
- 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
EXHIBIT C
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-5427)
A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN OUTLOT 'M’ IN
WALNUT CREEK HILLS OF CLIVE PLAT 1 AND LOCATED IN OUTLOT 'Y’ IN
ANGEL PARK PLAT 5, BOTH OFFICIAL PLATS, NOW INCLUDED IN AND
FORMING A PART OF THE CITY OF CLIVE, DALLAS COUNTY, IOWA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID OUTLOT 'Y'; THENCE
SOUTH 00°15'25” WEST ALONG THE EAST LINE OF SAID OUTLOT 'Y', 65.01
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°15'25”
WEST, 105.64 FEET; THENCE NORTH 22°48’24" WEST, 14.70 FEET; THENCE
NORTH 56°14’33" WEST, 312.50 FEET; THENCE NORTH 59°55’07" WEST, 306.94
FEET; THENCE NORTH 62°08’25" WEST, 267.25 FEET; THENCE NORTH
38°00’14" WEST, 117.62 FEET TO THE WEST LINE OF SAID OUTLOT ‘M’;
THENCE NORTH 06°19’20" EAST ALONG SAID WEST LINE, 128.80 FEET;
THENCE SOUTH 38°00’14" EAST, 50.82 FEET TO THE NORTH LINE OF SAID
OUTLOT ‘M’; THENCE SOUTH 14°34’04" EAST ALONG SAID NORTH LINE, 4.84
FEET; THENCE SOUTH 36°44’55" EAST ALONG SAID NORTH LINE, 82.63 FEET;
THENCE SOUTH 50°42’48" EAST ALONG SAID NORTH LINE, 16.99 FEET;
THENCE SOUTH 38°00’14" EAST, 61.66 FEET; THENCE SOUTH 62°15’28" EAST,
226.13 FEET; THENCE SOUTH 59°55’33" EAST, 179.54 FEET TO THE NORTH
LINE OF SAID OUTLOT ‘Y’; THENCE SOUTH 45°36’34" EAST ALONG SAID
NORTH LINE, 38.34 FEET; THENCE SOUTH 68°16’09" EAST ALONG SAID
NORTH LINE, 65.10 FEET; THENCE SOUTH 59°55’07" EAST, 29.32 FEET;
THENCE SOUTH 56°15’01" EAST, 269.74 FEET TO THE POINT OF BEGINNING
AND CONTAINING 52,067 SQUARE FEET (1.20 ACRES) EXCLUDING
PERPETUAL EASEMENT EXHIBIT PE-5427 FOR THE WAUKEE NORTHWEST
OUTFALL SEWER PROJECT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES
ARE REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE
SYSTEM, SOUTH ZONE, US SURVEY FEET.
EXHIBIT C
EXHIBIT C
EXHIBIT D
Clive
1222300017
1222300015
1222200017
1222200018
1222276001
1222277028
1223100009
1223177001
1223333001
1223178029
1223329001
1223329002