HomeMy WebLinkAbout2023-01-16 I01F_02 28E Agmt Urbandale-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 Urbandale and Waukee, Iowa, for the Regarding Sanitary Sewer
Project Property Interests Located in Urbandale [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 limits from Urbandale to Waukee
to construct the NE Outfall Sewer on property owned by Urbandale. Further the agreement outlines
the financial payments between Waukee and Urbandale when the property owned by the City of
Waukee in the City of Urbandale is transferred to Urbandale. 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 pay Urbandale
$14,848.91 for the two special assessments on the Waukee owned property and Urbandale will pay
Waukee $60,000.00 when the Waukee owned property is transferred to Urbandale.
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
I1F2
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THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING 28E AGREEMENT BETWEEN THE CITIES OF URBANDALE AND
WAUKEE, IOWA, REGARDING SANITARY SEWER PROJECT COORDINATION
AND CONNECTION [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 Urbandale, Iowa,
an Iowa municipal corporation (“Urbandale”), and the City of Waukee, Iowa, an Iowa municipal
corporation (“Waukee”) (Urbandale and Waukee together hereinafter referred to as the
“Parties”).
WHEREAS, the Parties are authorized by Iowa Code Chapter 28E to enter into Agreements for
joint and cooperative actions to their mutual advantage; and
WHEREAS, Waukee currently possesses a sanitary sewer system which serves the residents of
Waukee and is a member of the Wastewater Reclamation Authority (“WRA”) which treats the
sanitary waste generated within Waukee; and
WHEREAS, Waukee plans to construct a sanitary trunk sewer to connect to WRA facilities
located within the City of Urbandale to provide additional facilities to transport and deliver
sanitary waste in Waukee to the WRA for treatment; and
WHEREAS, Waukee has designed the trunk sewer (“Sewer”) and has generally identified the
necessary route to assure adequate gravity operation of the Sewer to its connection to the existing
WRA facility in Urbandale; and
WHEREAS, the preferable route for the Sewer requires easements on property owned by
Urbandale and Urbandale is willing to provide the necessary easements to Waukee to allow for
the construction, installation, operation and maintenance of the Sewer subject to the terms of the
28E Agreement; and
WHEREAS, the Parties desire to enter into this 28E Agreement to set forth and to establish their
agreement with respect to the construction, installation, operation and maintenance of the Sewer
and the granting by Urbandale of the property interests necessary to allow for the same.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee approve
a 28E Agreement between the City of Urbandale, Iowa and the City of Waukee, Iowa hereby
approved.
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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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Prepared by: Steven P. Brick, 6701 Westown Parkway, Ste 100, West Des Moines, IA 50266; 515-274-1450
Return to: Becky Schuett, City Clerk, 230 W. Hickman Road, Waukee, IA 50263
28E AGREEMENT
BETWEEN
THE CITIES OF URBANDALE AND WAUKEE, IOWA,
REGARDING SANITARY SEWER PROJECT PROPERTY INTERESTS
THIS 28E AGREEMENT (“Agreement”), made and entered into this ___ day of
_____________, 2023 (“Effective Date”), by and among the City of Urbandale, Iowa, an Iowa
municipal corporation (“Urbandale”), and the City of Waukee, Iowa, an Iowa municipal
corporation (“Waukee”) (and Urbandale and Waukee together hereinafter referred to as the
“Parties”).
WITNESSETH:
WHEREAS, the Parties are authorized by Iowa Code Chapter 28E to enter into Agreements
for joint and cooperative actions to their mutual advantage; and
WHEREAS, Waukee currently possesses a sanitary sewer system which serves the
residents of Waukee and is a member of the Wastewater Reclamation Authority (“WRA”) which
treats the sanitary waste generated within Waukee;
WHEREAS, Waukee plans to construct a sanitary trunk sewer to connect to WRA facilities
located within the City of Urbandale to provide additional facilities to transport and deliver
sanitary waste in Waukee to the WRA for treatment;
WHEREAS, Waukee is currently designing the trunk sewer (“Sewer”) and has generally
identified the necessary route to assure adequate gravity operation of the Sewer to its connection
to the existing WRA facility in Urbandale; and
WHEREAS, the preferable route for the Sewer requires easements in property owned by
Urbandale and Urbandale is willing to provide the necessary easements to Waukee to allow for
the construction, installation, operation and maintenance of the Sewer subject to the terms of this
agreement; and
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WHEREAS, the Parties desire to enter into this Agreement to set forth and to establish
their agreement with respect to the grant by Urbandale of the property interests necessary to allow
for the same.
NOW, THEREFORE, it is agreed by and among the parties as follows:
1. Effective Date and Duration. This Agreement shall become effective the date it is
filed with the Iowa Secretary of State as required by Iowa Code §28E.8 and shall continue in effect
until all actions required hereby are completed and all terms and provisions hereof have been
fulfilled.
2. 28E Agreement. This Agreement is entered into in accordance with the provisions of
the Code of Iowa, Chapter 28E. The purpose of this Agreement is to document the agreements of
the Parties regarding with respect to the construction, installation, operation and maintenance of
the Sewer and the grant by Urbandale of the property interests necessary to allow for the same.
This Agreement shall not be construed to create any separate legal or administrative entity. After
execution by the Parties, this Agreement shall be filed with the Iowa Secretary of State in accordance
with the provisions of Iowa Code § 28E.8.
3. Coordination and Construction of the Sanitary Sewer Project and Connection to
WRA and Related Matters. Regarding the Sanitary Sewer Project, the Parties agree as follows:
a. Waukee shall be responsible for preparing all news releases for the Sanitary
Sewer Project and for preparing all other general public notifications regarding the Sanitary
Sewer Project - all of which shall be submitted to Urbandale for a reasonable opportunity
for approval before they are sent. Such notices shall direct that Waukee is the entity to be
contacted with questions about the Sanitary Sewer Project.
b. Any reasonable time spent by Urbandale hourly staff (non-salary employees)
dealing with reviews and concerns from Urbandale residents regarding the Sanitary Sewer
Project will be tracked and invoiced to the City of Waukee for payment.
c. Waukee and Urbandale in consultation with WRA staff will mutually agree
upon acceptable easement language that ensures Urbandale may make such improvements
to its parkland and park system that the Sanitary Sewer Project passes through as Urbandale
deems necessary and beneficial to the public's use of Urbandale's parkland and park system.
d. Urbandale will inspect and must approve all public infrastructure installed in
Urbandale (other than the main trunk sewer which will be constructed as part of the
Sanitary Sewer Project), and all such public infrastructure shall be constructed to
Urbandale standards. Urbandale's inspection time will be tracked and invoiced to the City
of Waukee.
e. Design of all Urbandale public improvements shall be at the same detail as was
originally designed when it was built.
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f. All work performed regarding the Sanitary Sewer Project must have a four (4)
year maintenance bond which will pay for the costs of repairing trench settlement and for
the costs of repairing or replacing failed or defective public sanitary sewer infrastructure
installed as a part of the Sanitary Sewer Project.
g. No section of Urbandale's parkland and park system, or any trail in the park
system, shall be closed for a period of more than 270 days (without regard to whether such
days are consecutive or non-consecutive) during construction of the Sanitary Sewer
Project.
h. All work related to repairs or replacements, or restorations of trails impacted by
the Sanitary Sewer Project must be undertaken in a good workmanlike manner and in
accordance with Americans with Disabilities Act standards, where applicable and feasible.
j. All areas (and the fixtures, infrastructure and real and tangible personal property
located therein) disturbed or damaged by the Sanitary Sewer Project shall be restored by
Waukee at its sole expense to its pre-existing condition as documented by subparagraph k
below.
k. Prior to commencement of the Sanitary Sewer Project the entire Sanitary Sewer
Project area must be documented with both aerial (drone) and pedestrian (bike) video
footage and each Party shall receive a duplicate original of such documentation.
I. Any trees damaged, affected or removed as part of the Sanitary Sewer Project
shall be replaced. For each tree removed, two (2) trees will be required to be replaced.
Replacement tree types and sizes must be approved by Urbandale. All evergreen trees
removed must be replaced with similar trees a minimum of 5-6 ft. tall. All overstory trees
removed must be replaced with similar trees a minimum of 1" in caliper.
m. A two (2) year warranty will be required on all trees.
n. If removed trees are part of an approved and active mitigation program, Waukee
will do all monitoring for the remainder of the mitigation plan.
o. Turf and grass in areas disturbed must be re-established by Waukee, and a 90-
95% coverage/re-establishment will be required before it is accepted by Urbandale.
p. Urbandale will select the type of seed that will be used for seeding and
reseeding of disturbed areas. A different mix will be required next to the trails, as compared
to more open areas.
q. Any area that is impacted next to a creek will require creek armoring for erosion
control to be paid for by Waukee.
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r. All silt fence or silt socks installed as part of the Sanitary Sewer Project must
be removed by the City of Waukee in areas where there is 95% establishment of turf.
s. Trail closure detour routes must be identified as part of the Sanitary Sewer
Project and Waukee will install signage informing of trail closure detour routes and also
signage informing of trail closures at least 1 mile from where a trail is closed.
t. To eliminate drainage problems in the areas where trunk sewers have been
installed due to the compacted sewer trench, Waukee will install at its expense continuous
tile on each side of the sanitary sewer line to allow ground water to cross the trench at
agreed upon sites in accordance with generally acceptable engineering practices for such
matters.
u. All costs associated with Waukee' connection to the WRA, including
restoration of public right of way disturbed by such connection, shall be paid by Waukee.
4. Easements.
a. Grant of Temporary Construction Easements and Permanent Easements.
Urbandale agrees to grant temporary construction easements and permanent sanitary sewer
easements to the City of Waukee on forms acceptable to the City and the WRA to allow
for the construction, installation, operation and maintenance of a sanitary trunk sewer, and
associated infrastructure, on and across the parcels identified on Exhibit A and road and
right of way crossings within its jurisdiction as may be necessary, as determined by
Waukee and the WRA.
b. Purchase of Property from the City of Waukee. Urbandale shall purchase from
the City of Waukee the Property depicted in Exhibit B, subject to any and all easements,
restrictions, and encumbrances of record on the property, for the sum of $60,000.00 dollars
on or before the 1st day of December, 2023. Urbandale agrees to grant temporary
construction easements and permanent sanitary sewer easements to the City of Waukee on
forms acceptable to the City and the WRA to allow for the construction, installation,
operation and maintenance of a sanitary trunk sewer, and associated infrastructure, on and
across said Property. Urbandale understands and agrees that the Property is encumbered
by certain restrictive covenants set forth in Exhibit C.
c. Assessment. The Property described in Exhibit B is currently a portion of a
Property legally described as Lot 2, Kaas Subdivision, now included in and forming a part
of the city of Urbandale, Dallas County, Iowa. The Property is subject to the following
assessments which are in AG deferral classification:
i. The City of Urbandale 2007 sidewalk assessment for Project 2007-001-900 in
the amount of $6,122.60;
ii. The City of Urbandale Douglas Parkway Paving Project, Project Number 2006-
003 in the amount of $35,752.50;
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iii. The total of the foregoing assessments subject to AG deferral is $41,875.10
($35,752.50 + $6,122.60);
Urbandale agrees to take such action as is necessary to divide the foregoing assessments,
continuing and without otherwise affecting the current AG deferral classification of said
assessments to either Property, such that $14,848.91 is allocated to the Property described in
Exhibit B and the balance of $27,026.19 is allocated to the balance of Lot 2, Kaas Subdivision,
now included in and forming a part of the city of Urbandale, Dallas County, Iowa remaining within
30 days following Waukee’s purchase of the property as provided in paragraph 5(a) of this
agreement.
5. Waukee Property Acquisition.
a. Property Acquisition. Waukee shall acquire fee title in the Property depicted on
Exhibit B and sell the same to Urbandale, subject to any and all easements, restrictions,
and encumbrances of record on the property, for the sum of $60,000.00 dollars on or before
the ______ day of _______________, 2023. Waukee agrees to pay the $14,848.91
assessment allocated to said Property after Urbandale completes the division of assessment
contemplated in paragraph 4(c) of this agreement.
6. Miscellaneous Provisions.
a. Governing Law. This Agreement shall be governed by, construed, and enforced
in accordance with the laws of the State of Iowa. Nothing herein shall be construed to
relieve any party of any obligation or responsibility imposed upon it by law.
b. Further Assurances. Both parties shall take such actions and execute all such
documents as are necessary to effectuate the purposes of this Agreement.
c. Construction. The Parties agree this Agreement was prepared by the combined
efforts of the Parties and their attorneys and that this Agreement shall not be construed
against any party as the drafter of this Agreement.
d. Amendments. This Agreement may not be changed or amended except by a
written amendment hereto approved by the City Councils of Urbandale and Waukee.
e. Time is of the Essence. Time is of the essence in the performance of this
Agreement.
f. Severability. If any one or more of the provisions of this Agreement are
declared unconstitutional or contrary to law, the validity of the remainder thereof shall not
be thereby affected.
g. Complete Agreement. This Agreement constitutes the entire, complete, and
final agreement of the Parties with respect to the subject matter herein and supersedes all
prior understandings, undertakings, negotiations, representations, statements, and
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agreements.
h. Other Agreements Not Affected. Other existing agreements between the parties
shall not be affected by the adoption of this Agreement.
i. Execution. This Agreement may be executed in counterparts and merged as a
single document and same shall be deemed as legally binding as if the Parties had
simultaneously executed same in the presence of one another.
7. Approval/Authorization. By their signatures below, the representatives of the
respective parties confirm that this Agreement has been approved and its execution authorized by
the City Council of Urbandale and the City Council of Waukee, and each party agrees to be fully
bound by and faithfully perform all terms hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
Effective Date.
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CITY OF URBANDALE, IOWA
________________________________
By: Robert Andeweg, Mayor
ATTEST:
________________________________
By: Nicole Lunders, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF POLK )
On this ____ day of ___________, 2023, before me, a Notary Public in and for the State of
Iowa, personally appeared Robert Andeweg and Nicole Lunders, 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 Urbandale, Iowa; and that the instrument was signed on behalf of the City of Urbandale, Iowa,
by authority of its City Council, as contained in Ordinance No. ________ passed (the Resolution
adopted) by the City Council, under Roll Call No. ____________ of the City Council on the ____
day of _____________, 2023, and that the Mayor and City Clerk acknowledged the execution of
said instrument to be their voluntary act and deed and the voluntarily act and deed of the City of
Waukee, Iowa, by it voluntarily executed.
_________________________________
Notary Public in and for the State of Iowa
My commission expires: _______________
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CITY OF WAUKEE, IOWA
_________________________________
By: Courtney Clarke, Mayor
ATTEST:
_________________________________
By: Becky Schuett, City Clerk
STATE OF IOWA )
) ss:
COUNTY OF DALLAS )
On this ____ day of _________________, 2023, before me, a Notary Public in and for the
State of Iowa, personally appeared Courtney Clarke and Becky Schuett, 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; and that the instrument was signed on behalf of the City of Waukee, Iowa,
by authority of its City Council, as contained in Ordinance No. passed (the Resolution
adopted) by the City Council, under Roll Call No. ____________ of the City Council on the ____
day of _________________, 2023, and that the Mayor and City Clerk acknowledged the execution
of said instrument to be their voluntary act and deed and the voluntarily act and deed of the City
of Waukee, Iowa, by it voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
My commission expires: _______________
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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 Urbandale, 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 'Y' IN WALNUT
TERRACE PLAT 2, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART
OF THE CITY OF URBANDALE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID OUTLOT 'Y'; THENCE SOUTH
00°33'48” WEST ALONG THE EAST LINE OF SAID OUTLOT 'Y', 192.35 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°33'48” WEST ALONG SAID
WEST LINE, 32.79 FEET; THENCE NORTH 65°37'33" WEST, 385.46 FEET; THENCE
NORTH 37°23'59" WEST, 401.78 FEET; THENCE NORTH 79°51'23" WEST, 241.79 FEET;
THENCE NORTH 74°43'44" WEST, 196.36 FEET; THENCE NORTH 56°14'29" WEST, 45.83
FEET TO THE WEST LINE OF SAID OUTLOT 'Y'; THENCE NORTH 00°15'25" EAST
ALONG SAID WEST LINE, 35.98 FEET; THENCE SOUTH 56°14'29" EAST, 60.81 FEET;
THENCE SOUTH 74°43'44" EAST, 190.13 FEET; THENCE SOUTH 79°51'23" EAST, 252.10
FEET; THENCE SOUTH 37°23'59" EAST, 405.89 FEET; THENCE SOUTH 65°37'33" EAST,
364.68 FEET TO THE POINT OF BEGINNING AND CONTAINING 38,173 SQUARE FEET
(0.88 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 A
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Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5428
(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 A
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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 A
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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 A
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CITY OF URBANDALE, 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 Urbandale, 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 A
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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 A
EXHIBIT A
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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 Urbandale, 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 'X' IN WALNUT
TERRACE PLAT 2, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART
OF THE CITY OF URBANDALE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID OUTLOT 'X'; THENCE SOUTH
00°33'48” WEST ALONG THE WEST LINE OF SAID OUTLOT 'X', 192.35 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 65°37'33" EAST, 23.93 FEET; THENCE SOUTH
89°20'52" EAST, 393.14 FEET; THENCE SOUTH 89°46'53" EAST, 152.55 FEET TO THE
EAST LINE OF SAID OUTLOT 'X'; THENCE SOUTH 00°39'57" WEST ALONG SAID EAST
LINE, 30.00 FEET; THENCE NORTH 89°46'53" WEST, 152.43 FEET; THENCE NORTH
89°20'52" WEST, 399.56 FEET; THENCE NORTH 65°37'33" WEST, 16.99 FEET TO SAID
WEST LINE OF OUTLOT 'X'; THENCE NORTH 00°33'48” EAST ALONG SAID WEST LINE,
32.79 FEET TO THE POINT OF BEGINNING AND CONTAINING 17,079 SQUARE FEET
(0.39 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-5429
(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 A
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 A
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 A
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 A
5
CITY OF URBANDALE, 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 Urbandale, 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 A
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 A
EXHIBIT A
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 Urbandale, 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 "A" AND IN OUTLOT
'X' IN WALNUT TERRACE PLAT1, AN OFFICIAL PLAT, NOW INCLUDED IN AND
FORMING A PART OF THE CITY OF URBANDALE, DALLAS COUNTY, IOWA AND
BEING A STRIP 30.00 FEET IN WIDTH LYING 15.00 FEET ON BOTH SIDES OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID WALNUT TERRACE PLAT 1;
THENCE SOUTH 00°11'27” WEST ALONG THE EAST LINE OF SAID LOT "A", 1059.39
FEET TO THE POINT OF BEGINNING; THENCE NORTH 85°16'01" WEST, 112.49 FEET;
THENCE NORTH 80°10'28" WEST, 300.00 FEET; THENCE NORTH 77°53'55" WEST, 366.15
FEET; THENCE NORTH 89°46'53" WEST, 243.86 FEET TO THE WEST LINE OF SAID
OUTLOT 'X' AND THE TERMINUS OF THE CENTERLINE AND CONTAINING 30,675
SQUARE FEET (0.70 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-5430
(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 A
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 A
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 A
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 A
5
CITY OF URBANDALE, 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 Urbandale, 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 A
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 A
EXHIBIT A
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 Urbandale, 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 'I', PARCEL 'K',
PARCEL 'L', PARCEL 'M' AND PARCEL 'N' AS SHOWN ON THE PLAT OF SURVEY
RECORDED IN BOOK 2001, PAGE 664 IN PART OF THE SOUTHWEST QUARTER OF
SECTION 24, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, CITY OF URBANDALE, DALLAS COUNTY, IOWA, AND BEING A STRIP
30.00 FEET IN WIDTH LYING 15.00 FEET ON BOTH SIDED OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 24; THENCE
SOUTH 00°11'27" WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER
AND ALONG THE WEST LINE OF SAID PARCEL 'N', 1059.39 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 85°16'01" EAST, 98.12 FEET; THENCE SOUTH 89°02'02"
EAST, 499.58 FEET; THENCE NORTH 57°48'54" EAST, 403.26 FEET; THENCE NORTH
73°04'29" EAST, 490.79 FEET; THENCE SOUTH 73°56'06" EAST, 299.93 FEET; THENCE
NORTH 81°19'14" EAST, 253.59 FEET; THENCE SOUTH 42°14'26" EAST, 60.00 FEET;
THENCE SOUTH 69°05'49" EAST, 92.00 FEET; THENCE SOUTH 38°59'40" EAST, 433.00
FEET; THENCE SOUTH 68°10'17" EAST, 215.00 FEET; THENCE SOUTH 85°53'23" EAST,
75.04 FEET TO THE EAST LINE OF SAID PARCEL 'I' AND THE TERMINUS OF THE
CENTERLINE AND CONTAINING 87,609 SQUARE FEET (2.01 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 A
2
Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5431
(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
EXHIBIT A
3
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.
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 A
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 A
5
CITY OF URBANDALE, 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 Urbandale, 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 A
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 A
EXHIBIT A
EXHIBIT A
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 Urbandale, 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 PART OF OUTLOT "Z" IN
AVONDALE, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE
CITY OF URBANDALE, DALLAS COUNTY, IOWA, AND BEING A STRIP 30.00 FEET IN
WIDTH LYING 15.00 FEET ON BOTH SIDED OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF LOT 1 IN KAAS SUBDIVISION, AN
OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF
URBANDALE, DALLAS COUNTY, IOWA; THENCE SOUTH 00°13'33" WEST ALONG THE
WEST LINE OF SAID LOT 1 AND ALONG THE WEST LINE OF SAID OUTLOT "Z", A
DISTANCE OF 1,260.83 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 85°53'23"
EAST, 93.46 FEET; THENCE SOUTH 86°41'28" EAST, 346.71 FEET; THENCE SOUTH
88°42'06" EAST, 261.85 FEET TO THE EAST LINE OF SAID OUTLOT "Z" AND THE
TERMINUS OF THE CENTERLINE AND CONTAINING 21,060 SQUARE FEET.
Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5432
(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 A
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 A
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 A
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 A
5
CITY OF URBANDALE, 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 Urbandale, 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 A
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 A
EXHIBIT A
EXHIBIT A
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 Urbandale, 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 AN ACQUISITION PLAT
SHOWN IN THE CONDEMNATION RECORDED IN BOOK 14 ON PAGE 625 IN THE
DALLAS COUNTY RECORDER'S OFFICE, IN PART OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 26 WEST
OF THE FIFTH PRINCIPAL MERIDIAN, URBANDALE, DALLAS COUNTY, IOWA, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID ACQUISITION; THENCE
NORTH 00°00'32" EAST ALONG THE WEST LINE OF SAID ACQUISITION, 156.14 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°00'32" EAST ALONG
SAID WEST LINE, 31.67 FEET; THENCE NORTH 71°18'31" EAST, 28.28 FEET; THENCE
NORTH 58°14'43" EAST, 8.28 FEET TO THE WEST LINE OF AN EXISTING PERPETUAL
SANITARY SEWER EASEMENT RECORDED IN BOOK 2022, PAGE 1030 IN THE DALLAS
COUNTY RECORDER'S OFFICE; THENCE SOUTH 31°45'16" EAST ALONG SAID WEST
LINE, 30.00 FEET; THENCE SOUTH 58°14'43" WEST, 11.72 FEET; THENCE SOUTH
71°18'31" WEST, 41.87 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,352
SQUARE FEET SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
REFERENCED TO NAD83(2011) IA STATE PLANE COORDINATE SYSTEM SOUTH
ZONE, US SURVEY FOOT.
EXHIBIT A
2
Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5434
(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 A
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 A
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 A
5
CITY OF URBANDALE, 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 Urbandale, 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 A
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 A
EXHIBIT A
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
Recorder’s Cover Sheet
Preparer Information:
Steven P. Brick
6701 Westown Parkway, Ste 100
West Des Moines, Iowa 50266
Return Document To:
City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Grantor: City of Urbandale, Iowa
Grantee: City of Waukee, Iowa
EXHIBIT A
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, City of Urbandale, 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 depicted real estate:
SEE EXHIBIT “A” ATTACHED HERETO
See also the construction limits CAD data provided to Grantor by Grantee for
further particulars (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 A
- 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 , 2023.
THE CITY OF URBANDALE 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 _________________, 2023, before me the undersigned, a Notary Public in
and for the State of Iowa, personally appeared ____________________ and
_______________________, 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 Urbandale, 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
____________________ and _______________________, 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: ________
EXHIBIT A
- 4 -
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: ________
EXHIBIT A
CITY OF URBANDALE
PROTECT
DWG. NO.
PROJECT
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3000 Westown Parkway ● West Des Moines, Iowa 50266-1320
515-225-8000 ● 515-255-7848(FAX) ● 800-241-8000(WATS)
NORTHEAST OUTFALL SEWER
CITY OF URBANDALE
275353
CONSTRUCTION LIMITS AND TREE PROTECTION ----
AS NOTED
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EXHIBIT A
CITY OF
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3000 Westown Parkway ● West Des Moines, Iowa 50266-1320
515-225-8000 ● 515-255-7848(FAX) ● 800-241-8000(WATS)
NORTHEAST OUTFALL SEWER
CITY OF URBANDALE
275353
CONSTRUCTION LIMITS AND TREE PROTECTION ----
AS NOTED
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EXHIBIT A
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT C
EXHIBIT C
EXHIBIT C
0+50
1+00
2+00
3+00
4+00
5+00
6+00
7+008+009+0010+0011+00
12+00
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ST-3
SW-301 MANHOLE, 84" DIA.
STA=7+13.30
N=595107.68
E=1552645.20
ST-2
SW-301 MANHOLE, 84" DIA.
STA=1+25.00
N=595296.21
E=1553202.48
EXISTING MANHOLE, 96" DIA.
STA=1+00.00
N=595309.37
E=1553223.74
FL=882.36
FL=882.29
FL=882.66
FL=882.54
FL=882.23
CONNECT TO PIPE
STA=1+06.00
N=595306.21
E=1553218.63
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ACQUISITION AREA
9.44 Acres
0'50'100'
DWG. NO.
PROJECT
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SCALE
DRAWN
CHECKED
APPROVED
DATE
ISSUED FOR
DATE REVISIONS NORTHEAST OUTFALL SEWER
CITY OF WAUKEE
275353-1
MEYER PROPERTY - SANITARY SEWER X1
AS NOTED
####
####
####
REVIEW
XX-XX-XX
P:
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2
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P
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EXHIBIT C