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HomeMy WebLinkAbout2023-08-07 J01E_02 NE Outfall Sewer, Easements, City of Waukee\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 7, 2023 AGENDA ITEM:Consideration of approval of a resolution approving Permanent Sanitary Sewer Easement and Temporary Construction Easement from the City of Waukee [NE Outfall Sewer Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Approval of the permanent sanitary sewer easement and temporary construction easements are necessary to complete the NE Outfall Sewer project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Permanent Sanitary Sewer Easement $1.00 Temporary Construction Easement $1.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution. ATTACHMENTS: I. Easements II. Resolution PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK J1E2 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING PERMANENT SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT BETWEEN CITY OF WAUKEE AND THE CITY OF WAUKEE [NE OUTFALL SEWER PROJECT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City has been in discussions with 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 an easement 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 Sanitary Sewer and Temporary Construction Easements between City of Waukee and City of Waukee [NE Outfall Sewer Project] are hereby approved. BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to effectuate the closing on behalf of the City, and that the City Clerk shall cause the originals of the Easements to be recorded upon the properties by submitting the original to the Dallas County Recorder with the appropriate recording fees. Passed by the City Council of the City of Waukee, Iowa, and approved this the 7th day of August 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 Informa�on: Veenstra & Kimm, Inc. 3000 Westown Pkwy West Des Moines, Iowa 50266 Return Document To: City of Waukee, Iowa Rebecca Schuet, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: City of Waukee, 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 Waukee, (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 22-7 OF LOT 2 IN KAAS SUBDIVISION, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2022, PAGE 24174 IN THE DALLAS COUNTY RECORDER'S OFFICE 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 PARCEL 22-7; THENCE SOUTH 00°00'32" WEST ALONG THE EAST LINE OF SAID PARCEL 22-7, A DISTANCE OF 479.04 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 71°18'31" WEST, 553.23 FEET; THENCE NORTH 88°42'06" WEST, 86.18 FEET TO THE WEST LINE OF SAID PARCEL 22- 7 AND THE TERMINUS OF THE CENTERLINE AND CONTAINING 19,182 SQUARE FEET (0.44 ACRES). Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5433 (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 City 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 City. 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 City upon completion of the project and acceptance of the Waukee Northeast Outfall Sewer by the City. 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 WAUKEE, 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 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 6 APPROVAL AND ACCEPTANCE BY GRANTEE: CITY OF WAUKEE, IOWA: By: Mayor Attest: City Clerk State of Iowa ) ) ss County of Polk ) On this day of 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Waukee, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by the authority of its City Council, under Resolution No. of the City Council on the day of , 20 , and that and acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. Notary Public in and for the State of Iowa TEMPORARY CONSTRUCTION EASEMENT Recorder’s Cover Sheet Preparer Information: Veenstra & Kimm, Inc. 3000 Westown Pkwy West Des Moines, Iowa 50266 Return Document To: City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: City of Waukee, Iowa Grantee: City of Waukee, Iowa - 2 - TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, CITY OF WAUKEE, (hereinafter referred to as the “Grantor”), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the Grantee”), a temporary construction easement under, through and across the following described real estate: SEE EXHIBIT “A” ATTACHED HERETO (hereinafter referred to as the “Easement Area”) That the above-described easement is granted unto the City of Waukee, Iowa, for the purpose of construction and installation of the following public improvements: Sanitary Sewer This temporary construction easement shall terminate and be of no force and effect one (1) year after the date of final completion and acceptance of said completed improvements by the City. The Grantee agrees to restore the Easement Area to a condition after construction substantially the same as prior to entry by the Grantee, except for any grading and above ground improvements which shall remain in place as part of the improvement. The surface of the Easement Area will be seeded or sodded and/or left in its natural state as shown on the proposed plans for the project. The Grantor agrees that the improvements proposed herein, and the reasonable restoration of their property, as set forth in this easement aforesaid, shall be full and complete satisfaction and consideration of and for this easement, and Grantor expresses agreement that no other liability shall attach or be charged or claimed against the Grantee as a result of or because of the construction of the improvement intended, or the use of the easement herein granted. The Grantee will indemnify and hold harmless Grantor from any and all damages, injuries, or losses arising out of Grantee’s use of the easement or the work done in connection therewith. The Grantor does HEREBY COVENANT with the said Grantee, and successor- in-interest, that said Grantor holds said real estate described in this Easement Area by title in fee simple; that Grantor has good and lawful authority to sell and convey the - 3 - same; and that said Grantor covenants to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever, except as may be herein stated. Signed this ___ day of ______________, 20__. CITY OF WAUKEE CITY OF WAUKEE ______________________________ ____________________________ Courtney Clarke, Mayor Courtney Clarke, Mayor Attest: Attest: ____________________________ Rebecca D. Schuett, City Clerk Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF ) On this _____ day of _________________, 20___, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by the City Council on the _____ day of ______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. ______________________________ Notary Public in and for the State of Iowa - 4 - STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _____ day of _________________, 20___, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by the City Council on the _____ day of ______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. ___________________________________ Notary Public in and for the State of Iowa - 5 - EXHIBIT A LEGAL DESCRIPTION Temporary Easement (See Exhibit TE-5435) A temporary construction easement located in Parcel 22-7 as shown on the Plat of Survey recorded in Book 2022, Page 24174 in the Dallas County Recorder’s Office, in part of Lot 2 of Kass Subdivision, an Official Plat, now included in and forming a part of the City of Urbandale, Dallas County, Iowa being a strip 90.00 feet in width lying 25.00 on the South side and 65.00 feet on the North side of the following described line: Commencing at the Southeast corner of said Parcel 22-7; thence North 00°00’32” East along the East line of said Parcel 22-7, a distance of 201.97 feet to the point of beginning; thence South 71°18’31” West, 553.23 feet; thence North 88°42’06” West, 86.18 feet to the West line of said Parcel 22-7 and the terminus and containing 38,368 square feet, EXCEPTING THEREFROM a perpetual sanitary sewer easement as shown on Exhibit PE-5433 sheet 1 of 1. The sidelines of said strip to be shortened or lengthened to terminate at said East and West lines of Parcel 22-7. PA R C E L Q BK 2 0 0 5 P G 7 9 7 AC Q U I S I T I O N P L A T CO N D E M N A T I O N BK 1 4 P G 6 2 5 N0 0 ° 0 0 ' 3 2 " E 2 0 1 . 9 7 ' NE 1 / 4 S E 1 / 4 SE C 2 4 - 7 9 - 2 6 SE 1 / 4 S E 1 / 4 SE C 2 4 - 7 9 - 2 6 P.O.B. KAS S SUB D I V I S I O N PT. LOT 2 PAR C E L 2 2 - 7 BK20 2 2 , P G 2 4 1 7 4 KAS S SUB D I V I S I O N PT. LOT 2 LO T 3 KA S S SU B D I V I S I O N (FORMERLY LOT 1 KAAS SUBDIVISION ) PARCEL 'O' BK2001 PG664 PT E1/2 SEC 24-79-26 S71°18 ' 3 1 " W 5 5 3 . 2 3 ' N88°42'06"W 86.18' 30.00' 15.00' P.O.C. SE CORNER PARCEL 22-7 25.00' 65.00' 90.00' PERPE T U A L S A N I T A R Y S E W E R E A S E M E N T E X H I B I T P E - 5 4 3 3 TE-5435 NORTHWEST OUTFALL SEWER SHEET 1 OF 1 EASEMENT DRAWING FOR TEMPORARY CONSTRUCTION BEING CONVEYED TO THE CITY OF WAUKEE, IA CITY OF WAUKEE, IOWA, A MUNICIPAL CORPORATION 1 Inch = 100 ft.TEMPORARY EASEMENT 38,368 SQ.FT. A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN PARCEL 22-7 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2022, PAGE 24174 IN THE DALLAS COUNTY RECORDER'S OFFICE, IN PART OF LOT 2 OF KASS SUBDIVISION, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF URBANDALE, DALLAS COUNTY, IOWA BEING A STRIP 90.00 FEET IN WIDTH LYING 25.00 ON THE SOUTH SIDE AND 65.00 FEET ON THE NORTH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 22-7; THENCE NORTH 00°00'32” EAST ALONG THE EAST LINE OF SAID PARCEL 22-7, A DISTANCE OF 201.97 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 71°18'31” WEST, 553.23 FEET; THENCE NORTH 88°42'06” WEST, 86.18 FEET TO THE WEST LINE OF SAID PARCEL 22-7 AND THE TERMINUS AND CONTAINING 38,368 SQUARE FEET, EXCEPTING THEREFROM A PERPETUAL SANITARY SEWER EASEMENT AS SHOWN ON EXHIBIT PE-5433 SHEET 1 OF 1. THE SIDELINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO TERMINATE AT SAID EAST AND WEST LINES OF PARCEL 22-7.