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HomeMy WebLinkAbout2003-08-20-Resolutions 03-184_Dallas County Conservation - EasementTHE CITY OF WAUKEE,lOW A RESOLUTION 03-184 APPROVING AN EASEMENT FOR A GAS LINE WITH THE DALLAS COUNTY BOARD OF SUPERVISORS AND THE DALLAS COUNTY CONSERVATION BOARD FOR A TERM OF 25 YEARS FROM THE DATE OF THE GR-\.NT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee is fully aware of the problems associated with establishing true ownership of this property,the legal description of which is: A tract ofland previously Quit Claimed from the Iowa Natural Heritage Foundation,an Iowa Corporation,to Dallas County,Iowa,as recorded in Book 2001, page 568 with said easement being the north half of that part ofthe previously described tract ofland in Book 2001,page 568,described as all ofthe property of the Chicago and Northwestern Transportation Company lying in the south half of the South Half of Section 29,(and the North Half of the North Half of Section 32,if any)all in Township 79 North,Range 26 West ofthe Fifth Principal Meridian,Dallas County,Iowa,Dallas County,Iowa,and further limited for the purposes of grant of easement at the eastern boundary by County Road R22 or U Ave,and forming the western boundary by County Road T Avenue;AND, WHEREAS,the City of Waukee had agreed to extend municipal services including gas to the comer of Highway 6 and T Avenue before fully knowing the extent ofthe ownership problems associated with this parcel ofland;AND, WHEREAS,the Dallas County Board of Supervisors and the Dallas County Conservation Board have granted a 25 year easement from the date of grant to the City of Waukee for the installation of a gas line over,through and across the above described real estate;AND, WHEREAS,the easement states the location of the gas line as being placed no closer than 20 feet,and no further than 25 feet north of the existing Raccoon River Valley Trail; prohibits the erection of structures in the easement area;prohibits the changing of grade; elevation or contour of the easement area;prohibits the constriction of use as a conservation area;provides the city with right of ingress and egress and the right to remove any unauthorized obstructions; NOW THEREFORE BE IT RESOL YED by the City of Waukee City Council in session this zo"day of August 2003 that it hereby approves the gas line easement to be conveyed unto the City by the County Board of Supervisors and the County Conservation Board after receiving $1.00 and other good and valuable consideration from the City of Waukee and after receiving confirmation in the form of this resolution approving said easement.I Attest: Mark J.Arentse,ity Administrator/Clerk ROLL CALL VOTE Nicholas C.Gruber Donald L.Bailey,Jr. Bill Peard Mike Watts Darlene Stanton AYE X X X X X NAY ABSENT 1 1