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HomeMy WebLinkAbout2023-05-01 J01J South Outfall Sewer_Easements_City of WaukeeAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 1, 2023 AGENDA ITEM:Consideration of approval of a resolution approving Sanitary Sewer Easements from the City of Waukee [South Outfall Sewer Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Approval of the Public Sanitary Sewer Easements are necessary to complete the transfer of ownership of the South Outfall Sewer Project to the Des Moines WRA. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Sanitary Sewer Easement $ 1.00 Sanitary Sewer Easement $ 1.00 Sanitary Sewer Easement $ 1.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easements PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1J THE CITY OF WAUKEE, IOWA RESOLUTION 2023- PUBLIC SANITARY SEWER EASEMENTS FROM THE CITY OF WAUKEE [SOUTH 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 identified certain property interests on City property necessary to complete the transfer of ownership of the South Outfall Sewer Project to the Des Moines Metropolitan Wastewater Reclamation Authority; AND NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the Sanitary Sewer Agreements from the City of Waukee [South 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 Purchase Agreements 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 1st day of May, 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 PUBLIC SANITARY SEWER EASEMENT Recorder’s Cover Sheet Preparer Information: Patrick Burk, Brick Gentry P.C. 6701 Westown Parkway, Suite 100 West Des Moines, IA 50266 Phone: 515-274-1450 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor:City of Waukee, Iowa Grantee:City of Waukee, Iowa - 2 - SANITARY SEWER EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, CITY OF WAUKEE, IOWA an Iowa municipal corporation (hereinafter referred to as the “Grantor”), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the City”), a permanent and perpetual easement (hereinafter referred to as “Sanitary Sewer Easement” or “Easement(s)”) and right-of-way upon, over, under, through and across the real property legally described as: SEE EXHIBIT “A” ATTACHED HERETO (hereinafter referred to as the “Easement Area”) 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating sanitary sewer(s) (hereinafter referred to as “Sewer(s)”) and to permit and allow the City to enter at any time upon, over, under, through, and across into said Easement(s) herein described to use as much of the surface and sub-surface thereof to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair (including the right to place and build additional Sewer(s) therein or to connect and/or join Sewer(s) and appurtenances thereto) and to forever maintain Sewer(s) whenever necessary within the Easement(s) granted herein. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3. Maintenance. After the initial construction of the Sewer(s), and acceptance by the City, the City agrees, as part of the reconstruction, maintenance and patrolling of the Sewer(s), to restore and replace the Easement area(s) to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor, except the City shall not be required to replace landscaping, trees, shrubs, bushes, landscape elements, structures, or underground water systems nor shall the City be required to restore the Easement area by reason of settlement, depression, or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area; and subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor’s sole expense. - 3 - 4. Right of Access. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5. Running of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Grantor including, but not limited to, future owners, developers, lessees or occupants. All provisions of this instrument including benefits and burdens, run with the land are binding upon and inure to the heirs assigns, successors, tenants and personal representatives of the parties hereto. 6. Jurisdiction and Venue. The City and the Grantor agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County, Iowa. 7. Words and Phrases. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. 8. Parties. The term “City” as used herein shall refer to the City of Waukee, Iowa, its elected officials, agents, employees, officers, and contractors. The term “Grantor” shall refer to City of Waukee, Iowa, their heirs, assigns, successors-in-interest, or lessees, if any. 9. Integration. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 10. Paragraph Headings. The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with, the interpretation of this Agreement. - 4 - Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real estate described in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful authority to convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Signed this ___ day of ______________, 2023. CITY OF WAUKEE ______________________________ Courtney Clarke, Mayor Attest: ____________________________ Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this __________ day of _________________ , 2023, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ________ passed by the City Council on the ______ day of ______________, 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 PE 31: A perpetual sanitary sewer easement located in the Ashworth Road right-of-way in Parcel C of the Northeast ¼ of the Northwest ¼ of Section 8, Township 78 North, Range 26 West of the 5th P. M., Dallas County, Iowa, as recorded in Book 2010 on Page 18616 (Affidavit Book 2011 Page 14151) in the Dallas County Recorder’s Office and in Lot “A” of Tanglewoods Plat 2, an Official Plat, now included in and forming a part of Dallas County, Iowa. Said perpetual easement being more particularly described as follows: Commencing at the Northeast corner of said Parcel C; thence South 83°22’19” West along the North line of said Parcel C, 317.58 feet to the point of beginning; thence South 26°25’34” East, 47.83 feet to the South right-of-way line of said Ashworth Road; thence South 83°22’19” West along said South right-of-way line, 31.88 feet; thence North 26°25’34” West, 113.55 feet to the North right-of-way line of said Ashworth Road; thence North 81°28’19” East along said North right-of-way, 31.53 feet; thence South 26°25’34” East, 66.84 feet to the point of beginning Containing 3,423 square feet, mor or less. PUBLIC SANITARY SEWER EASEMENT Recorder’s Cover Sheet Preparer Information: Patrick Burk, Brick Gentry P.C. 6701 Westown Parkway, Suite 100 West Des Moines, IA 50266 Phone: 515-274-1450 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor:City of Waukee, Iowa Grantee:City of Waukee, Iowa - 2 - SANITARY SEWER EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, CITY OF WAUKEE, IOWA an Iowa municipal corporation (hereinafter referred to as the “Grantor”), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the City”), a permanent and perpetual easement (hereinafter referred to as “Sanitary Sewer Easement” or “Easement(s)”) and right-of-way upon, over, under, through and across the real property legally described as: SEE EXHIBIT “A” ATTACHED HERETO (hereinafter referred to as the “Easement Area”) 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating sanitary sewer(s) (hereinafter referred to as “Sewer(s)”) and to permit and allow the City to enter at any time upon, over, under, through, and across into said Easement(s) herein described to use as much of the surface and sub-surface thereof to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair (including the right to place and build additional Sewer(s) therein or to connect and/or join Sewer(s) and appurtenances thereto) and to forever maintain Sewer(s) whenever necessary within the Easement(s) granted herein. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3. Maintenance. After the initial construction of the Sewer(s), and acceptance by the City, the City agrees, as part of the reconstruction, maintenance and patrolling of the Sewer(s), to restore and replace the Easement area(s) to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor, except the City shall not be required to replace landscaping, trees, shrubs, bushes, landscape elements, structures, or underground water systems nor shall the City be required to restore the Easement area by reason of settlement, depression, or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area; and subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor’s sole expense. - 3 - 4. Right of Access. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5. Running of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Grantor including, but not limited to, future owners, developers, lessees or occupants. All provisions of this instrument including benefits and burdens, run with the land are binding upon and inure to the heirs assigns, successors, tenants and personal representatives of the parties hereto. 6. Jurisdiction and Venue. The City and the Grantor agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County, Iowa. 7. Words and Phrases. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. 8. Parties. The term “City” as used herein shall refer to the City of Waukee, Iowa, its elected officials, agents, employees, officers, and contractors. The term “Grantor” shall refer to City of Waukee, Iowa, their heirs, assigns, successors-in-interest, or lessees, if any. 9. Integration. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 10. Paragraph Headings. The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with, the interpretation of this Agreement. - 4 - Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real estate described in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful authority to convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Signed this ___ day of ______________, 2023. CITY OF WAUKEE ______________________________ Courtney Clarke, Mayor Attest: ____________________________ Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this __________ day of _________________ , 2023, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ________ passed by the City Council on the ______ day of ______________, 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 PE 32: A perpetual sanitary sewer easement located in Lot A in Glynn Village Plat 10, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa. Said perpetual easement being more particularly described as follows: Commencing at the Southeast corner of Government Lot 11 in Section 5, Township 78 North, Range 26 West of the 5th P. M., Dallas County, Iowa; thence South 83°20’06” West along the South line of said Lot 1 and along the South line of said Government Lot 11, 803.48 feet to the point of beginning; thence continuing South 83°20’06” West along said South lines, 31.40 feet; thence North 10°30’41” East, 103.33 feet to the North line of said Lot A, said point also being on the North right-of-way line of 312th Place; thence North 88°04’51” East along said North right-of-way line, 30.72 feet; thence South 10°30’41” West, 100.67 feet to the point of beginning. Containing 3,060 square feet, more or less. PUBLIC SANITARY SEWER EASEMENT Recorder’s Cover Sheet Preparer Information: Patrick Burk, Brick Gentry P.C. 6701 Westown Parkway, Suite 100 West Des Moines, IA 50266 Phone: 515-274-1450 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor:City of Waukee, Iowa Grantee:City of Waukee, Iowa - 2 - SANITARY SEWER EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, CITY OF WAUKEE, IOWA an Iowa municipal corporation (hereinafter referred to as the “Grantor”), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the City”), a permanent and perpetual easement (hereinafter referred to as “Sanitary Sewer Easement” or “Easement(s)”) and right-of-way upon, over, under, through and across the real property legally described as: SEE EXHIBIT “A” ATTACHED HERETO (hereinafter referred to as the “Easement Area”) 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating sanitary sewer(s) (hereinafter referred to as “Sewer(s)”) and to permit and allow the City to enter at any time upon, over, under, through, and across into said Easement(s) herein described to use as much of the surface and sub-surface thereof to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair (including the right to place and build additional Sewer(s) therein or to connect and/or join Sewer(s) and appurtenances thereto) and to forever maintain Sewer(s) whenever necessary within the Easement(s) granted herein. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3. Maintenance. After the initial construction of the Sewer(s), and acceptance by the City, the City agrees, as part of the reconstruction, maintenance and patrolling of the Sewer(s), to restore and replace the Easement area(s) to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor, except the City shall not be required to replace landscaping, trees, shrubs, bushes, landscape elements, structures, or underground water systems nor shall the City be required to restore the Easement area by reason of settlement, depression, or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area; and subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor’s sole expense. - 3 - 4. Right of Access. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5. Running of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Grantor including, but not limited to, future owners, developers, lessees or occupants. All provisions of this instrument including benefits and burdens, run with the land are binding upon and inure to the heirs assigns, successors, tenants and personal representatives of the parties hereto. 6. Jurisdiction and Venue. The City and the Grantor agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County, Iowa. 7. Words and Phrases. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. 8. Parties. The term “City” as used herein shall refer to the City of Waukee, Iowa, its elected officials, agents, employees, officers, and contractors. The term “Grantor” shall refer to City of Waukee, Iowa, their heirs, assigns, successors-in-interest, or lessees, if any. 9. Integration. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 10. Paragraph Headings. The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with, the interpretation of this Agreement. - 4 - Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real estate described in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful authority to convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Signed this ___ day of ______________, 2023. CITY OF WAUKEE ______________________________ Courtney Clarke, Mayor Attest: ____________________________ Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this __________ day of _________________ , 2023, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ________ passed by the City Council on the ______ day of ______________, 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 PE 34: A perpetual sanitary sewer easement located in part of Government Lot 4 in Section 5, Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa as described in Book 521 on Page 273 in the Dallas County Recorder’s Office. Said perpetual easement being a strip 40.00 feet in width lying 20.00 feet on each side of the following described line: Commencing at the Northeast corner of said Government Lot 4 in Section 5; thence South 00°21’46” West along the East line of said Government Lot 4, 978.00 feet; thence North 89°38 14 West, 230.72 feet to the point of beginning; thence South 00°26’33” East, 155.00 feet; thence South 05°32’32” East, 45.55 feet to the South line said property described in Book 521 on Page 273. Containing 8,019 square feet, more or less.