HomeMy WebLinkAbout2024-11-04 I01F_01 Easement_NE Outfall Sewer_City of Waukee\AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 4, 2024
AGENDA ITEM:Consideration of approval of a resolution accepting Permanent Construction
Easement (PE-5421) from the City of Waukee, Iowa [NE Outfall Sewer
Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the permanent construction easement is
necessary to complete the NE Outfall Sewer project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
Permanent Construction Easement $1.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the Resolution.
ATTACHMENTS: I. Permanent Construction Easement
II. Resolution
PREPARED BY: Lisa Bauman
REVIEWED BY: Rudy Koester RK
I1F1
THE CITY OF WAUKEE, IOWA
RESOLUTION 2024-
APPROVING PERMANENT CONSTRUCTION EASEMENT (PE-5421) 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 Construction Easement 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 4h day of
November, 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
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 Waukee, Iowa
Grantee: City of Waukee, Iowa
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Prepared by: 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, 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 PART OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH,
RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA AND
IN PARCEL "AA" IN SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER AS
SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2013, PAGE 1934 IN THE
DALLAS COUNTY RECORDER'S OFFICE, AND LOCATED IN PART OF THE NORTH
WARRIOR LANE RIGHT-OF-WAY IN SAID NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 28 AND IN PART OF LOT 'B' AND OUTLOT 'X' IN
ALYVIA PLAT 1, AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF
THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID OUTLOT 'X'; THENCE NORTH
89°54'51" EAST ALONG THE NORTH LINE OF SAID OUTLOT 'X', 90.04 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING NORTH 89°54'51" EAST ALONG SAID
NORTH LINE, 32.87 FEET; THENCE SOUTH 24°00'58" WEST, 287.09 FEET; THENCE
NORTH 86°12'13" WEST, 205.11 FEET; THENCE SOUTH 81°51'09" WEST, 37.85 FEET;
THENCE SOUTH 46°16'23" WEST, 81.67 FEET TO THE WEST LINE OF SAID PARCEL
"AA"; THENCE NORTH 00°22'56" EAST ALONG SAID WEST LINE, 41.78 FEET; THENCE
NORTH 46°16'23" EAST, 62.21 FEET; THENCE NORTH 81°51'09" EAST, 50.62 FEET;
THENCE SOUTH 86°12'13" EAST, 187.33 FEET; THENCE NORTH 24°00'58" EAST, 252.75
FEET TO THE POINT OF BEGINNING AND CONTAINING 17,469 SQUARE FEET (0.40
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-5421”
(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.
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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.
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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.
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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]
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CITY OF WAUKEE, GRANTOR
By:
Mayor
Attest:
City Clerk
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 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
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APPROVAL AND ACCEPTANCE BY GRANTEE:
CITY OF WAUKEE, IOWA:
By:
Mayor
Attest:
City Clerk
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 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
NORTHEAST OUTFALL SEWER
NORTHEAST OUTFALL SEWER