HomeMy WebLinkAbout2023-02-21 I01F_02 NE Outfall Sewer_Easements_Clive\AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 21, 2023
AGENDA ITEM:Consideration of approval of a resolution approving Permanent Construction
Easements and Temporary Construction Easements between the Cities of
Waukee and Clive, Iowa [NE Outfall Sewer Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the Temporary and Permanent Construction
Easements are necessary to complete the NE Outfall Sewer project. A 28E Agreement that outlines
the specifics for the conveyance of these permanent and temporary construction easements to construct
the NE Outfall Sewer on property owned by Clive has been approved by both City Councils. Clive
has approved these easements and the easements will be recorded with Dallas County by the Waukee
City Clerk upon Waukee City Council approval.
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. Permanent and Temporary Construction Easements
PREPARED BY: Rudy Koester
REVIEWED BY: Rudy Koester RK
I1F2
THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING PERMANENT CONSTRUCTION EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS BETWEEN THE CITY OF CLIVE AND THE CITY OF
WAUKEE [NE OUTFALL SEWER PROJECT]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the City has been in discussions with the City of Clive, Iowa regarding the conveyance of
certain property interests necessary for construction of the NE Outfall Sewer Project; AND
WHEREAS, the discussions have resulted in Permanent Construction Easements and Temporary
Construction Easements that the City Staff believes are in the best interest of the City to approve; AND
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the
Permanent Construction Easements and Temporary Construction Easements between the City of Clive
and the City of Waukee [NE Outfall Sewer Project] are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to
effectuate the closing on behalf of the City, and that the City Clerk shall cause the originals of the
Permanent Construction Easements and Temporary Construction Easements to be recorded upon the
properties by submitting the original to the Dallas County Recorder with the appropriate recording fees.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 21st day of
February, 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
PERMANENT 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
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).
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,
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.
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]
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
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
PERMANENT 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
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.
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,
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.
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]
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
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
PERMANENT 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
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
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
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.
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]
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
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
PERMANENT 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
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.
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,
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.
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]
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
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
PERMANENT 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
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
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
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.
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]
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
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
PERMANENT 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
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.
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.
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.
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]
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
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
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
- 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
- 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
- 4 -
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of _________________, 20___, before me the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and
Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the
instrument was signed and sealed on behalf of the City by authority of its City Council, as
contained in Resolution No. ______ passed by the City Council on the _____ day of
______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such
officers, acknowledged the execution of the instrument to be the voluntary act and deed of
the City, by it and by them voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-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.
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
- 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
- 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
- 4 -
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of _________________, 20___, before me the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and
Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the
instrument was signed and sealed on behalf of the City by authority of its City Council, as
contained in Resolution No. ______ passed by the City Council on the _____ day of
______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such
officers, acknowledged the execution of the instrument to be the voluntary act and deed of
the City, by it and by them voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-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.
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
- 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
- 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
- 4 -
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of _________________, 20___, before me the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and
Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the
instrument was signed and sealed on behalf of the City by authority of its City Council, as
contained in Resolution No. ______ passed by the City Council on the _____ day of
______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such
officers, acknowledged the execution of the instrument to be the voluntary act and deed of
the City, by it and by them voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-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.
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
- 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
- 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
- 4 -
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of _________________, 20___, before me the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and
Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the
instrument was signed and sealed on behalf of the City by authority of its City Council, as
contained in Resolution No. ______ passed by the City Council on the _____ day of
______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such
officers, acknowledged the execution of the instrument to be the voluntary act and deed of
the City, by it and by them voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-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.
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
- 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
- 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
- 4 -
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of _________________, 20___, before me the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and
Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the
instrument was signed and sealed on behalf of the City by authority of its City Council, as
contained in Resolution No. ______ passed by the City Council on the _____ day of
______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such
officers, acknowledged the execution of the instrument to be the voluntary act and deed of
the City, by it and by them voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-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
- 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.
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
- 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
- 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
- 4 -
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of _________________, 20___, before me the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and
Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the
instrument was signed and sealed on behalf of the City by authority of its City Council, as
contained in Resolution No. ______ passed by the City Council on the _____ day of
______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such
officers, acknowledged the execution of the instrument to be the voluntary act and deed of
the City, by it and by them voluntarily executed.
___________________________________
Notary Public in and for the State of Iowa
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-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.