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Home My WebLink About2024-11-04 I01F_02 Easement_NE Outfall Sewer_City of UrbandaleAGENDA 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-5431A) from City of Urbandale, 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: Sara Kappos SKK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1F2 THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING PERMANENT CONSTRUCTION EASEMENT (PE-5431A) BETWEEN THE CITY OF URBANDLE 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 the City of Urbandale, Iowa regarding the conveyance of certain property interests necessary for construction of the NE Outfall Sewer Project; AND WHEREAS, the discussions have resulted in a Permanent Construction Easement 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 Permanent Construction Easement between the City of Urbandale and the City of Waukee [NE Outfall Sewer Project] are hereby approved; AND 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 original of the Permanent Construction Easement 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 4th 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 Urbandale, Iowa Grantee: City of Waukee, Iowa 1 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 Urbandale, 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 in Parcel 'I', as shown on the Plat of Survey recorded in Book 2001 on Page 664 in part of the Southwest Quarter of Section 24, Township 79 North, Range 26 West of the 5th P.M., City of Urbandale, Dallas County, Iowa, and being more particularly described as follows: Commencing at the Southeast Corner of said Parcel ‘I’; thence North 00º13’33” East along the East line of said Parcel ‘I’, 17.95 feet to the South line of an existing permanent construction easement recorded in Book 2023 on Page 3272 in the Dallas County Recorder’s Office; thence North 85º53’23” West along said South line, 78.39 feet; thence North 68º10’17” West along said South line, 221.24 feet; thence North 38º59’40” West along said South line 432.87 feet; thence North 69º05’49” West along said South line, 91.55 feet to the Point of Beginning; thence continuing North 69º05’49” West, 93.74 feet to said South line; thence North 81º19’14” East along said South line, 50.82 feet; thence South 42º14’26” East along said South line, 55.53 feet to the Point of Beginning. Containing 1,176 square feet or 0.03 acres, more or less. Which property is also described and depicted on the plat attached hereto as Exhibit “PE-5431A (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. 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 2 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. 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 3 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. 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] CITY OF URBANDALE, GRANTOR By: AW.,1 Qc t1 Mayor Vrut-rn. f v.) d'Aritig Attest: City Clerk Ni C ?U. Gutn,de°r5 State of Iowa ss County of Dallas ) On this Ic day of 0 CAD V) 20 9'4, before me,the undersigned,a Notary Public in and for the State of Iowa, personally appeared Acrr- Cir-vk1 and 13\wee-1--L-'-`"8-°'S , to me personally known, and, who, Ming by me duly sworn, did say that they are the Mayor ad ay Clerk,respectively of the City of Urbandale,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 NogqViOethe City Council on the 101 day of OC.2ty bet/ , 2021, and that yn. (x")( and N',LeC Le lAtrakvs 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. 9N y Public in and for the talc o I wa JAMIE MEYER fit Commission Number 736M irl, p 4 5 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