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HomeMy WebLinkAbout2025-06-16 J01I_01 Temp Construction Easement_11th and 17th St Culverts_Prairie Village of IowaAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 16, 2025 AGENDA ITEM:Consideration of approval of a resolution approving Temporary Construction Easement between Prairie Village of Iowa, LLC and the City of Waukee [11th and 17th Street Culverts Project]. FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The easement is necessary for the construction of the 11th and 17th Street Culverts Project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $10,812.81 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution. ATTACHMENTS: I. Resolution II. Temporary Construction Easement PREPARED BY: Lisa Bauman REVIEWED BY: Rudy Koester RK J1I1 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- APPROVING TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF WAUKEE, IOWA AND PRAIRE VILLAGE OF IOWA, LLC [11TH AND 17TH STREET CULVERT 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 Prairie Village of Iowa, LLC. regarding the conveyance of certain property interests necessary for construction of the 11th and 17th Street Culverts Project; AND WHEREAS, the discussions have resulted in a Temporary Construction 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 Temporary Construction Easement between the City of Waukee and Prairie Village of Iowa, LLC [11th and 17th Street Culverts 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. Passed by the City Council of the City of Waukee, Iowa, and approved this 16th day of June, 2025. ____________________________ 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 TEMPORARY CONSTRUCTION EASEMENT Recorder’s Cover Sheet Preparer Information: (name, address and phone number) City of Waukee, Iowa Rudy Koester, PW Director/City Engineer 805 University Avenue Waukee, Iowa 50263 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Grantor:Prairie Village of Iowa, LLC Grantee:City of Waukee, Iowa - 2 - TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, Prairie Village of Iowa, LLC, an Iowa Limited Liability Corporation, (hereinafter referred to as the “Grantor”), in consideration of the sum of Ten Thousand Eight Hundred Twelve Dollars and eight one Cents ($10,812.81) 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 EXHIBITS A & B 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: 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 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 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. USERNAMESYSTEMTIME DGNSPEC DESIGN TEAM PROJECT NUMBER SHEET NUMBER COUNTY SYSTEMDATE ENGLISHFILE NO. Concrete Box Culvert Twin 10'x5'x90' Reinforced Design For 0° Skew City of Waukee Situation Plan - 11th Street Culvert Situation Plan 0 60English Scale in Feet Easement Limits (Typ.) Temporary Construction ¡ Proposed 11th Street Property Line Limits Grading Culvert Proposed Culvert Existing 11th Street Property Line 70'-0" 30'-0" 3 0 '-0 " 3 0 ' - 0 " 3 0 ' - 0 " 30'-0" 3 0' - 0 " 45,406 SF Easement = Construction Temporary Total Area of USERNAMESYSTEMTIME DGNSPEC DESIGN TEAM PROJECT NUMBER SHEET NUMBER COUNTY SYSTEMDATE ENGLISHFILE NO. Concrete Box Culvert Twin 10'x5'x97' Reinforced Design For 0° Skew City of Waukee Situation Plan - 17th Street Culvert Situation Plan 0 60English Scale in Feet Easement Limits (Typ.) Temporary Construction ¡ Proposed 17th Street 70'- 0" 3 0 ' - 0 " 30'-0" Property Line 3 0' -0 " 3 0' - 0 " Limits Grading Culvert Proposed Culvert Existing 17th Street Property Line 33,095 SF Easement = Construction Temporary Total Area of