HomeMy WebLinkAbout2024-02-05 I01F_02 Quit Claim Deed_Northern Natural GasAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 5, 2024
AGENDA ITEM:Consideration of approval of a resolution approving Quit Claim Deed with
Northern Natural Gas Company [Waukee TBS No. 1 Relocation Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the Quit Claim Deed is necessary to complete
the Waukee TBS No. 1 Relocation Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Northern Natural Gas (NNG) is
transferring ownership of this property to the City of Waukee at No Cost as this arrangement was part
of the TBS No. 1 decommissioning and construction cost reimbursement payment Waukee made to
NNG.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Quit Claim Deed
II. Resolution
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1F2
THE CITY OF WAUKEE, IOWA
RESOLUTION 2024-
APPROVING QUIT CLAIM DEED WITH NORTHERN NATURAL GAS COMPANY
[WAUKEE TBS NO. 1 RELOCATION 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 Northen Natural Gas (NNG) Company
regarding the conveyance of certain property interests necessary for construction of the Waukee
TBS No. 1 Relocation Project; AND
WHEREAS, the discussions have resulted in Quit Claim Deed 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 Quit Claim Deed with NNG [Waukee TBS No. 1 Relocation Project] is 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 NNG shall cause the originals of the Quit
Claim Deed 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 5th day of
February, 2024.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg
Chris Crone
Rob Grove
Anna Bergman Pierce
Ben Sinclair
QUIT CLAIM DEED
Date: ___________________, 2024
FOR VALUABLE CONSIDERATION, NORTHERN NATURAL GAS COMPANY, a Delaware
Corporation (Grantor), with principal offices at 1111 South 103 Street, Omaha, Nebraska 68124
hereby conveys and quit claims to the CITY OF WAUKEE or its assigns (Grantee), real property
in Dallas County, Iowa (the “Property”), described as follows:
See Exhibit A attached hereto
and made a part hereof,
together with all hereditaments and appurtenances belonging thereto.
THE PROPERTY, INCLUDING FIXTURES AND ANY PERSONAL PROPERTY
REMAINING AFTER CLOSING, ARE SOLD TO GRANTEE IN THEIR "AS IS", "WHERE
IS" CONDITION, AND SELLER MAKES NO WARRANTY OR REPRESENTATION OF
ANY KIND, ORAL OR WRITTEN, EXPRESS, OR IMPLIED, REGARDING THE TITLE,
CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
ENVIRONMENTAL CONDITION OF THE PROPERTY. FROM AND AFTER THE DATE
HEREOF, GRANTOR SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE
PROPERTY WHATSOEVER, WHETHER ARISING BEFORE OR AFTER THE DATE
HEREOF.
The total consideration for this transaction is less than $500.00.
Affix Deed Tax Stamp Here NORTHERN NATURAL GAS COMPANY
By
Name: Brian J. Mundt
Title: Vice President, Operations
STATE OF NEBRASKA )
)SS
COUNTY OF DOUGLAS )
The foregoing instrument was acknowledged before me this ____ day of _____________,
2024, by Brian J. Mundt, Vice President of Operations, for Northern Natural Gas Company, a
Delaware corporation, on behalf of the corporation.
(S E A L)
Notary Public
My Commission Expires
EXHIBIT A
A tract of land out of the Southeast Quarter (SE¼) of Section 29, Township 79 North, Range 26
West, in Dallas County, Iowa, described by metes and bounds as follows:
Beginning at a point in the west right of way line of a County Road that is 293.5
feet North and 40 feet West of the Southeast corner of Section Twenty-Nine (29);
thence West 100 feet; thence Northern 153.2 feet to the Southwesterly right of way
line of the property owned by the City of Waukee (formerly Chicago Great Western
Railway); thence Southeasterly 127.8 feet along said Southwesterly right of way
line to the West right of way line of said County Road; thence South 75 feet along
the West right of way line of said County Road to the point of beginning.
Note: The East line of the Southeast Quarter (SE¼) of Section Twenty-Nine (29)
is assumed to bear due North and South.
This being the same tract conveyed by Edward C. Huston and Virginia E. Huston, husband and
wife, to Northern Natural Gas Company on June 27, 1966, and recorded July 27, 1966, in Book 463
at Page 202, in the office of the County Recorder for Dallas County, Iowa.
This Instrument Drafted By:
Jeff Larson
Right-of-Way Department
Northern Natural Gas Company
P. O. Box 3330
Omaha, Nebraska 68103-0330