HomeMy WebLinkAbout2023-10-02 J01G_02 TBS No 1 Relocation and Gas Main_Pipeline Facility Easement_Northern Natural GasAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 2, 2023
AGENDA ITEM:Consideration of approval of a resolution approving Pipeline Facility
Easement between Northern Natural Gas Company and the City of Waukee
[Waukee TBS No. 1 Relocation and Gas Main Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the Easements is necessary to complete the
Waukee TBS No. 1 Relocation and Gas Main Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
Pipeline Facility Easement $10.00 paid to the City of Waukee from NNG.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Pipeline Facility Easement
II. Resolution
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1G2
THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING PURCHASE AGREEMENT AND EASEMENTS BETWEEN NORTHERN
NATURAL GAS COMPANY AND THE CITY OF WAUKEE
[WAUKEE TBS NO. 1 RELOCATION AND GAS MAIN 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 Northern Natural Gas Company regarding the
conveyance of certain property interests necessary for construction of the Waukee TBS No. 1 Relocation
and Gas Main Project; AND
WHEREAS, the discussions have resulted in an and easement that the City Staff believes are in the best
interest of the City to approve; AND
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the
Pipeline Facility Easement between Northern Natural Gas Company and City of Waukee [Waukee TBS
No. 1 Relocation and Gas Main 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 Northern Natural Gas 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 2nd day of October,
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
W.O. No.:02144265
Line No.:IAB63504
Facility:Waukee TBS #1
PIPELINE FACILITY EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That the undersigned (hereinafter referred to as “Grantor” whether one or more), for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable considerations,
the receipt of which is hereby acknowledged, does hereby grant, convey, and warrant unto
NORTHERN NATURAL GAS COMPANY, a Delaware corporation (hereinafter referred to as
“Grantee”), the right, privilege, and easement to construct, inspect, repair, maintain, operate,
replace, and remove below ground and above ground natural gas facilities, including
launchers/receivers, regulating and measuring stations, buildings, valves, fencing and
appurtenances thereto (including, without limitation, cathodic protection equipment), upon the
following described lands situated in the County of Dallas and State of Iowa; to-wit:
See Exhibit "A" attached hereto
and made a part hereof.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such
facilities and appurtenances thereto shall be maintained, together, with the right of ingress to and
egress from said premises, for the purpose of constructing, inspecting, repairing, maintaining,
operating, replacing, and removing the property of the Grantee located thereon, or the removal
thereof, in whole or in part, at the will of the Grantee.
It is agreed that the facilities, fencing, and appurtenances thereto to be constructed upon the
above-described lands shall not become affixed to the realty in the sense of permanent fixtures
forming part of the freehold, but that they shall remain personal property, with the right of removal
by the Grantee as herein provided.
Grantee shall at all times indemnify, protect, and hold harmless Grantor from any and all
loss, damage, claims, or liabilities legally established arising out of or growing from the
construction, operation, maintenance, and removal of said facilities and appurtenances thereto.
W.O. No.:02144265
Line No.:IAB63504
Tract No.:
2
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES
HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT
OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN
CONNECTION WITH THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY
RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN
WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR
HAS NOT BEEN WAIVED, AND AGREES ANY SUCH ACTIONS MAY NOT IN ANY
EVENT BE CONSOLIDATED TOGETHER.
Signed and delivered this _____ day of ______________, 2023.
GRANTOR
CITY OF WAUKEE, IOWA
Print Name: Courtney Clarke, Mayor
Attest:
Print Name: Rebecca Schuett, City Clerk
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2023, by ____________________________________________________________________.
(S E A L)
Notary Public
My Commission Expires
Prepared by:
Right-of-Way Department
Northern Natural Gas Company
P. O. Box 3330
Omaha, Nebraska 68103-0330