Loading...
HomeMy WebLinkAbout2023-03-06 J01E NE Outfall Sewer Easements_UrbandaleAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 6, 2023 AGENDA ITEM:Consideration of approval of a resolution approving Permanent Construction Easements and Temporary Construction Easement between the Cities of Waukee and Urbandale [NE Outfall Sewer Project] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: Approval of the Permanent Construction Easement and Temporary Construction Easement is necessary to complete the NE Outfall Sewer Project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Permanent Construction Easement $ 1.00 Temporary Construction Easement $ 1.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easements PREPARED BY: Beth Richardson REVIEWED BY: Sara Kappos SKK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1E THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING EASEMENTS BETWEEN THE CITIES OF WAUKEE AND URBANDALE [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 discussion with specific property owners regarding the conveyance of certain property interests necessary for construction of the NE Outfall Sewer Project; AND WHEREAS, the discussions have resulted in Permanent and Temporary Construction Easements that the City Staff believes is 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 Easement and Temporary Construction Easement between the Cities of Waukee and Urbandale [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 Easement and Temporary Construction Easement 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 6th day of March, 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 Urbandale, 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 Urbandale, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for Sanitary Sewer Right-of-Way under, over, through and across the following described property: A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN OUTLOT 'Y' IN WALNUT TERRACE PLAT 2, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF URBANDALE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID OUTLOT 'Y'; THENCE SOUTH 00°33'48” WEST ALONG THE EAST LINE OF SAID OUTLOT 'Y', 192.35 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°33'48” WEST ALONG SAID WEST LINE, 32.79 FEET; THENCE NORTH 65°37'33" WEST, 385.46 FEET; THENCE NORTH 37°23'59" WEST, 401.78 FEET; THENCE NORTH 79°51'23" WEST, 241.79 FEET; THENCE NORTH 74°43'44" WEST, 196.36 FEET; THENCE NORTH 56°14'29" WEST, 45.83 FEET TO THE WEST LINE OF SAID OUTLOT 'Y'; THENCE NORTH 00°15'25" EAST ALONG SAID WEST LINE, 35.98 FEET; THENCE SOUTH 56°14'29" EAST, 60.81 FEET; THENCE SOUTH 74°43'44" EAST, 190.13 FEET; THENCE SOUTH 79°51'23" EAST, 252.10 FEET; THENCE SOUTH 37°23'59" EAST, 405.89 FEET; THENCE SOUTH 65°37'33" EAST, 364.68 FEET TO THE POINT OF BEGINNING AND CONTAINING 38,173 SQUARE FEET (0.88 ACRES). FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, US SURVEY FEET. 2 Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5428 (hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with the necessary appurtenances thereto, under, over and through said Easement Area. This Easement shall be subject to the following terms and conditions: 1. ERECTION OF STRUCTURES AND PLACEMENT OF EQUIPMENT OR PLANTINGS IN EASEMENT AREA IN PUBLIC PARKS; DUTY TO RESTORE. (a) Grantor reserves the right to construct or authorize the construction of structures, and to place or authorize the placement of equipment and plantings, within Easement Area in public parks, as it shall deem necessary or appropriate, including but not limited to park roads and driveways; bridges; parking lots; utility service lines; sanitary and storm sewers and appurtenances; water mains and appurtenances; recreational and playground equipment; ice rinks; fountains; public art; and plantings including, shrubs, flowers and sod; but not including park shelters, public toilets or park maintenance buildings. At least fourteen (14) business days prior to final plan approval by Grantor of such structures, equipment and plantings. Grantor shall provide the Des Moines Metropolitan Wastewater Reclamation Authority (hereinafter “WRA”) with written notice thereof and an opportunity to review such plans and provide input regarding the proposed locations of such structures, equipment and plantings. Such structures, equipment and plantings shall be constructed as not to disturb, damage or destroy Grantee's sanitary sewer facilities, and shall be so placed as not to physically interfere with or prevent the day-to-day operation and maintenance of the sanitary sewer facilities located within the Easement Area. (b) In the event Grantee is required to access the Easement Area for purposes of repairing, reconstructing or replacing its sanitary sewer facilities, Grantee shall be responsible for restoring, at its sole cost and expense, or for paying Grantor's cost to restore, the Easement Area, including park roads and driveways; bridges; parking lots; utility service lines; sanitary and storm sewers and appurtenances; water mains and appurtenances, recreational and playground equipment, ice rinks, fountains, and public art, and including plantings, trees, shrubs, flowers and sod, which are disturbed, damaged or destroyed by such activities. (c) In the event Grantor is required to access the Easement Area for purposes of repairing, reconstructing or replacing its structures, improvements, equipment or plantings identified above, Grantor shall be responsible for restoring or repairing, at its sole cost and expense, 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 URBANDALE, GRANTOR By: Mayor Attest: City Clerk State of Iowa ) ) ss County of Polk ) On this day of 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Urbandale, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No. of the City Council on the day of , 20 , and that and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. Notary Public in and for the State of Iowa 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 Urbandale, 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 Urbandale, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for Sanitary Sewer Right-of-Way under, over, through and across the following described property: A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN OUTLOT 'X' IN WALNUT TERRACE PLAT 2, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF URBANDALE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID OUTLOT 'X'; THENCE SOUTH 00°33'48” WEST ALONG THE WEST LINE OF SAID OUTLOT 'X', 192.35 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 65°37'33" EAST, 23.93 FEET; THENCE SOUTH 89°20'52" EAST, 393.14 FEET; THENCE SOUTH 89°46'53" EAST, 152.55 FEET TO THE EAST LINE OF SAID OUTLOT 'X'; THENCE SOUTH 00°39'57" WEST ALONG SAID EAST LINE, 30.00 FEET; THENCE NORTH 89°46'53" WEST, 152.43 FEET; THENCE NORTH 89°20'52" WEST, 399.56 FEET; THENCE NORTH 65°37'33" WEST, 16.99 FEET TO SAID WEST LINE OF OUTLOT 'X'; THENCE NORTH 00°33'48” EAST ALONG SAID WEST LINE, 32.79 FEET TO THE POINT OF BEGINNING AND CONTAINING 17,079 SQUARE FEET (0.39 ACRES). FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, US SURVEY FEET. Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5429 (hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with the necessary appurtenances thereto, under, over and through said Easement Area. 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 URBANDALE, GRANTOR By: Mayor Attest: City Clerk State of Iowa ) ) ss County of Polk ) On this day of 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Urbandale, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No. of the City Council on the day of , 20 , and that and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. Notary Public in and for the State of Iowa 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 Urbandale, 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 Urbandale, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for Sanitary Sewer Right-of-Way under, over, through and across the following described property: A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN LOT "A" AND IN OUTLOT 'X' IN WALNUT TERRACE PLAT1, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF URBANDALE, DALLAS COUNTY, IOWA AND BEING A STRIP 30.00 FEET IN WIDTH LYING 15.00 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID WALNUT TERRACE PLAT 1; THENCE SOUTH 00°11'27” WEST ALONG THE EAST LINE OF SAID LOT "A", 1059.39 FEET TO THE POINT OF BEGINNING; THENCE NORTH 85°16'01" WEST, 112.49 FEET; THENCE NORTH 80°10'28" WEST, 300.00 FEET; THENCE NORTH 77°53'55" WEST, 366.15 FEET; THENCE NORTH 89°46'53" WEST, 243.86 FEET TO THE WEST LINE OF SAID OUTLOT 'X' AND THE TERMINUS OF THE CENTERLINE AND CONTAINING 30,675 SQUARE FEET (0.70 ACRES). FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, US SURVEY FEET. Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5430 (hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with the necessary appurtenances thereto, under, over and through said Easement Area. 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 URBANDALE, GRANTOR By: Mayor Attest: City Clerk State of Iowa ) ) ss County of Polk ) On this day of 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Urbandale, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No. of the City Council on the day of , 20 , and that and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. Notary Public in and for the State of Iowa 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 Urbandale, 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 Urbandale, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for Sanitary Sewer Right-of-Way under, over, through and across the following described property: A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN PARCEL 'I', PARCEL 'K', PARCEL 'L', PARCEL 'M' AND PARCEL 'N' AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2001, PAGE 664 IN PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF URBANDALE, DALLAS COUNTY, IOWA, AND BEING A STRIP 30.00 FEET IN WIDTH LYING 15.00 FEET ON BOTH SIDED OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 24; THENCE SOUTH 00°11'27" WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER AND ALONG THE WEST LINE OF SAID PARCEL 'N', 1059.39 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 85°16'01" EAST, 98.12 FEET; THENCE SOUTH 89°02'02" EAST, 499.58 FEET; THENCE NORTH 57°48'54" EAST, 403.26 FEET; THENCE NORTH 73°04'29" EAST, 490.79 FEET; THENCE SOUTH 73°56'06" EAST, 299.93 FEET; THENCE NORTH 81°19'14" EAST, 253.59 FEET; THENCE SOUTH 42°14'26" EAST, 60.00 FEET; THENCE SOUTH 69°05'49" EAST, 92.00 FEET; THENCE SOUTH 38°59'40" EAST, 433.00 FEET; THENCE SOUTH 68°10'17" EAST, 215.00 FEET; THENCE SOUTH 85°53'23" EAST, 75.04 FEET TO THE EAST LINE OF SAID PARCEL 'I' AND THE TERMINUS OF THE CENTERLINE AND CONTAINING 87,609 SQUARE FEET (2.01 ACRES). FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2011) IOWA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, US SURVEY FEET. 2 Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5431 (hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with the necessary appurtenances thereto, under, over and through said Easement Area. This Easement shall be subject to the following terms and conditions: 1. ERECTION OF STRUCTURES AND PLACEMENT OF EQUIPMENT OR PLANTINGS IN EASEMENT AREA IN PUBLIC PARKS; DUTY TO RESTORE. (a) Grantor reserves the right to construct or authorize the construction of structures, and to place or authorize the placement of equipment and plantings, within Easement Area in public parks, as it shall deem necessary or appropriate, including but not limited to park roads and driveways; bridges; parking lots; utility service lines; sanitary and storm sewers and appurtenances; water mains and appurtenances; recreational and playground equipment; ice rinks; fountains; public art; and plantings including, shrubs, flowers and sod; but not including park shelters, public toilets or park maintenance buildings. At least fourteen (14) business days prior to final plan approval by Grantor of such structures, equipment and plantings. Grantor shall provide the Des Moines Metropolitan Wastewater Reclamation Authority (hereinafter “WRA”) with written notice thereof and an opportunity to review such plans and provide input regarding the proposed locations of such structures, equipment and plantings. Such structures, equipment and plantings shall be constructed as not to disturb, damage or destroy Grantee's sanitary sewer facilities, and shall be so placed as not to physically interfere with or prevent the day-to-day operation and maintenance of the sanitary sewer facilities located within the Easement Area. (b) In the event Grantee is required to access the Easement Area for purposes of repairing, reconstructing or replacing its sanitary sewer facilities, Grantee shall be responsible for restoring, at its sole cost and expense, or for paying Grantor's cost to restore, the Easement Area, including park roads and driveways; bridges; parking lots; utility service lines; sanitary and storm sewers and appurtenances; water mains and appurtenances, recreational and playground equipment, ice rinks, fountains, and public art, and including plantings, trees, shrubs, flowers and sod, which are disturbed, damaged or destroyed by such activities. (c) In the event Grantor is required to access the Easement Area for purposes of repairing, reconstructing or replacing its structures, improvements, equipment or plantings identified 3 above, Grantor shall be responsible for restoring or repairing, at its sole cost and expense, Grantee's sanitary sewer facilities which are disturbed, damaged or destroyed by such activities. 2. ERECTION OF STRUCTURES OR IMPROVEMENTS IN EASEMENT AREA. Unless specifically identified herein and erected, placed or constructed in accordance with the terms of this Easement, Grantor shall not erect or authorize the erection of construction of any structure or other improvement, and shall not place or authorize the placement of equipment or trees, over or within Easement Area without the prior written approval of the WRA. 3. RIGHT OF ACCESS. The Grantee, its agents, contractors, employees and assigns shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area. This Easement allows the Grantee, its agents, contractors, employees and assigns the right to enter in, upon and on to the Easement Area at any time to perform any and all activities related to or necessary for the construction, reconstruction, repair, enlargement or maintenance of the sanitary sewer, including but not limited to the following activities: (1) grading and excavation; (2) hauling, transporting and storage of materials and equipment; (3) removal of any unauthorized plantings or structures placed or erected within the Easement Area; (4) trimming and/or removal of trees, shrubs, and landscaping within or encroaching upon the Easement Area; and (5) utility work including but not limited to relocation, placement and removal of various utility facilities such as electric poles and wires, water lines, sewer lines and natural gas facilities that are within or encroaching upon the Easement Area. This right of access shall begin on the date that Grantor executes this document. 4. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's successors and assigns and on Grantee’s successors and assigns. Grantee intends to quit claim all its interest in the property interests and sewer to the WRA upon completion of the project and acceptance of the Waukee Northeast Outfall Sewer by the WRA. 5. RESERVATION OF RIGHTS. The City does hereby reserve to itself, and this Easement is granted subject to, the right to regulate the use and occupancy of City street rights-of- way constructed upon, adjacent to or across the Easement Area. 6. APPROVAL BY CITY COUNCIL. This Easement shall not be binding until it has received final approval and acceptance by the Waukee City Council by Resolution, which approval and acceptance shall be noted on this Easement. 7. SPECIAL PROVISIONS. None. Grantor does hereby covenant with the City that Grantor holds said real estate described in this Easement by Title in Fee Simple; that Grantor has good and lawful authority to convey the same; and said Grantor covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever. 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 URBANDALE, GRANTOR By: Mayor Attest: City Clerk State of Iowa ) ) ss County of Polk ) On this day of 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Urbandale, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No. of the City Council on the day of , 20 , and that and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. Notary Public in and for the State of Iowa 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 Urbandale, 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 Urbandale, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for Sanitary Sewer Right-of-Way under, over, through and across the following described property: A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN PART OF OUTLOT "Z" IN AVONDALE, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF URBANDALE, DALLAS COUNTY, IOWA, AND BEING A STRIP 30.00 FEET IN WIDTH LYING 15.00 FEET ON BOTH SIDED OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 IN KAAS SUBDIVISION, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF URBANDALE, DALLAS COUNTY, IOWA; THENCE SOUTH 00°13'33" WEST ALONG THE WEST LINE OF SAID LOT 1 AND ALONG THE WEST LINE OF SAID OUTLOT "Z", A DISTANCE OF 1,260.83 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 85°53'23" EAST, 93.46 FEET; THENCE SOUTH 86°41'28" EAST, 346.71 FEET; THENCE SOUTH 88°42'06" EAST, 261.85 FEET TO THE EAST LINE OF SAID OUTLOT "Z" AND THE TERMINUS OF THE CENTERLINE AND CONTAINING 21,060 SQUARE FEET. Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5432 (hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with the necessary appurtenances thereto, under, over and through said Easement Area. 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 URBANDALE, GRANTOR By: Mayor Attest: City Clerk State of Iowa ) ) ss County of Polk ) On this day of 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Urbandale, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No. of the City Council on the day of , 20 , and that and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. Notary Public in and for the State of Iowa 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 Urbandale, 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 Urbandale, Iowa, a municipal corporation, (hereinafter referred to as the "Grantor"), in consideration of One Dollar ($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey unto the City of Waukee, Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for Sanitary Sewer Right-of-Way under, over, through and across the following described property: A PERPETUAL SANITARY SEWER EASEMENT LOCATED IN AN ACQUISITION PLAT SHOWN IN THE CONDEMNATION RECORDED IN BOOK 14 ON PAGE 625 IN THE DALLAS COUNTY RECORDER'S OFFICE, IN PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, URBANDALE, DALLAS COUNTY, IOWA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID ACQUISITION; THENCE NORTH 00°00'32" EAST ALONG THE WEST LINE OF SAID ACQUISITION, 156.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°00'32" EAST ALONG SAID WEST LINE, 31.67 FEET; THENCE NORTH 71°18'31" EAST, 28.28 FEET; THENCE NORTH 58°14'43" EAST, 8.28 FEET TO THE WEST LINE OF AN EXISTING PERPETUAL SANITARY SEWER EASEMENT RECORDED IN BOOK 2022, PAGE 1030 IN THE DALLAS COUNTY RECORDER'S OFFICE; THENCE SOUTH 31°45'16" EAST ALONG SAID WEST LINE, 30.00 FEET; THENCE SOUTH 58°14'43" WEST, 11.72 FEET; THENCE SOUTH 71°18'31" WEST, 41.87 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,352 SQUARE FEET SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NAD83(2011) IA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, US SURVEY FOOT. 2 Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5434 (hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with the necessary appurtenances thereto, under, over and through said Easement Area. This Easement shall be subject to the following terms and conditions: 1. ERECTION OF STRUCTURES AND PLACEMENT OF EQUIPMENT OR PLANTINGS IN EASEMENT AREA IN PUBLIC PARKS; DUTY TO RESTORE. (a) Grantor reserves the right to construct or authorize the construction of structures, and to place or authorize the placement of equipment and plantings, within Easement Area in public parks, as it shall deem necessary or appropriate, including but not limited to park roads and driveways; bridges; parking lots; utility service lines; sanitary and storm sewers and appurtenances; water mains and appurtenances; recreational and playground equipment; ice rinks; fountains; public art; and plantings including, shrubs, flowers and sod; but not including park shelters, public toilets or park maintenance buildings. At least fourteen (14) business days prior to final plan approval by Grantor of such structures, equipment and plantings. Grantor shall provide the Des Moines Metropolitan Wastewater Reclamation Authority (hereinafter “WRA”) with written notice thereof and an opportunity to review such plans and provide input regarding the proposed locations of such structures, equipment and plantings. Such structures, equipment and plantings shall be constructed as not to disturb, damage or destroy Grantee's sanitary sewer facilities, and shall be so placed as not to physically interfere with or prevent the day-to-day operation and maintenance of the sanitary sewer facilities located within the Easement Area. (b) In the event Grantee is required to access the Easement Area for purposes of repairing, reconstructing or replacing its sanitary sewer facilities, Grantee shall be responsible for restoring, at its sole cost and expense, or for paying Grantor's cost to restore, the Easement Area, including park roads and driveways; bridges; parking lots; utility service lines; sanitary and storm sewers and appurtenances; water mains and appurtenances, recreational and playground equipment, ice rinks, fountains, and public art, and including plantings, trees, shrubs, flowers and sod, which are disturbed, damaged or destroyed by such activities. (c) In the event Grantor is required to access the Easement Area for purposes of repairing, reconstructing or replacing its structures, improvements, equipment or plantings identified above, Grantor shall be responsible for restoring or repairing, at its sole cost and expense, 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 URBANDALE, GRANTOR By: Mayor Attest: City Clerk State of Iowa ) ) ss County of Polk ) On this day of 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Urbandale, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No. of the City Council on the day of , 20 , and that and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. Notary Public in and for the State of Iowa 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: Steven P. Brick 6701 Westown Parkway, Ste 100 West Des Moines, Iowa 50266 Return Document To: City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Grantor: City of Urbandale, Iowa Grantee: City of Waukee, Iowa EXHIBIT A - 2 - TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, City of Urbandale, Iowa, (hereinafter referred to as the “Grantor”), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the Grantee”), a temporary construction easement under, through and across the following depicted real estate: SEE EXHIBIT “A” ATTACHED HERETO See also the construction limits CAD data provided to Grantor by Grantee for further particulars (hereinafter referred to as the “Easement Area”) That the above-described easement is granted unto the City of Waukee, Iowa, for the purpose of construction and installation of the following public improvements: Sanitary Sewer This temporary construction easement shall terminate and be of no force and effect one (1) year after the date of final completion and acceptance of said completed improvements by the City. The Grantee agrees to restore the Easement Area to a condition after construction substantially the same as prior to entry by the Grantee, except for any grading and above ground improvements which shall remain in place as part of the improvement. The surface of the Easement Area will be seeded or sodded and/or left in its natural state as shown on the proposed plans for the project. The Grantor agrees that the improvements proposed herein, and the reasonable restoration of their property, as set forth in this easement aforesaid, shall be full and complete satisfaction and consideration of and for this easement, and Grantor expresses agreement that no other liability shall attach or be charged or claimed against the Grantee as a result of or because of the construction of the improvement intended, or the use of the easement herein granted. The Grantee will indemnify and hold harmless Grantor from any and all damages, injuries, or losses arising out of Grantee’s use of the easement or the work done in connection therewith. The Grantor does HEREBY COVENANT with the said Grantee, and successor- in- interest, that said Grantor holds said real estate described in this Easement Area by title in fee simple; that Grantor has good and lawful authority to sell and convey the EXHIBIT A - 3 - same; and that said Grantor covenants to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever, except as may be herein stated. Signed this day of , 2023. THE CITY OF URBANDALE CITY OF WAUKEE Mayor Courtney Clarke, Mayor Attest: Attest: City Clerk Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this _____ day of _________________, 2023, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared ____________________ and _______________________, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Urbandale, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by the City Council on the _____ day of ______________, 2023, and that ____________________ and _______________________, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. ____________________________________ Notary Public in and for the State of Iowa My commission expires: ________ EXHIBIT A - 4 - STATE OF IOWA ) ) ss: COUNTY OF DALLAS ) On this _____ day of _________________, 2023, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by the City Council on the _____ day of ______________, 2023, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. ____________________________________ Notary Public in and for the State of Iowa My commission expires: ________ EXHIBIT A CITY OF URBANDALE PROTECT DWG. NO. PROJECT PL O T T E D : FI L E P A T H : X- R E F S : 2 7 5 3 5 3 - A E R I A L & 2 7 5 3 5 3 - C o n s t r u c t i o n L i m i t s & 2 7 5 3 5 3 - R e m o v a l s & 2 7 5 3 5 3 - T O P O & 2 7 5 3 5 3 S U R V E Y B A S E & 1 2 8 1 0 7 - S U R V E Y _ B A S E & 2 7 5 3 5 3 P A R C E L S SCALE DRAWN CHECKED APPROVED DATE ISSUED FOR DATE REVISIONS 3000 Westown Parkway ● West Des Moines, Iowa 50266-1320 515-225-8000 ● 515-255-7848(FAX) ● 800-241-8000(WATS) NORTHEAST OUTFALL SEWER CITY OF URBANDALE 275353 CONSTRUCTION LIMITS AND TREE PROTECTION ---- AS NOTED SRS ARW JDK - 12-16-22 M: \ P R O J E C T S \ 2 7 5 3 5 3 \ 2 7 5 3 5 3 - C I V I L \ P R O D U C T I O N D R A W I N G S \ D . T R A I L \ 2 7 5 3 5 3 - T R E E R E M O V A L S We d n e s d a y , D e c e m b e r 2 1 , 2 0 2 2 1 0 : 5 4 : 3 3 A M EXHIBIT A EXHIBIT A CITY OF URBANDALE CITY OF CLIVE CITY OF URBANDALE PROTECT PROTECT DWG. NO. PROJECT PL O T T E D : FI L E P A T H : X- R E F S : 2 7 5 3 5 3 - A E R I A L & 2 7 5 3 5 3 - C o n s t r u c t i o n L i m i t s & 2 7 5 3 5 3 - R e m o v a l s & 2 7 5 3 5 3 - T O P O & 2 7 5 3 5 3 S U R V E Y B A S E & 1 2 8 1 0 7 - S U R V E Y _ B A S E & 2 7 5 3 5 3 P A R C E L S SCALE DRAWN CHECKED APPROVED DATE ISSUED FOR DATE REVISIONS 3000 Westown Parkway ● West Des Moines, Iowa 50266-1320 515-225-8000 ● 515-255-7848(FAX) ● 800-241-8000(WATS) NORTHEAST OUTFALL SEWER CITY OF URBANDALE 275353 CONSTRUCTION LIMITS AND TREE PROTECTION ---- AS NOTED SRS ARW JDK - 12-16-22 M: \ P R O J E C T S \ 2 7 5 3 5 3 \ 2 7 5 3 5 3 - C I V I L \ P R O D U C T I O N D R A W I N G S \ D . T R A I L \ 2 7 5 3 5 3 - T R E E R E M O V A L S We d n e s d a y , D e c e m b e r 2 1 , 2 0 2 2 1 0 : 5 5 : 4 2 A M EXHIBIT A EXHIBIT A