HomeMy WebLinkAbout2021-05-03-J01P Ute Ave & Ashworth Rd Intersection_Warranty Deed, Easements_WaukeeAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 3, 2021
AGENDA ITEM:Consideration of approval of a resolution approving Warranty Deed and
Easement for the City of Waukee [Ashworth Road and Ute Avenue
Intersection Improvements Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the Warranty Deed and Public Utility
Easement is necessary to complete the Ashworth Road and Ute Avenue
Intersection Improvements Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
Warranty Deed $1.00
Public Utility Easement $1.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Resolution
II. Warranty Deed
III. Public Utility Easement
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1P
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING WARRANTY AND EASEMENT FOR THE CITY OF WAUKEE
[ASHWORTH ROAD AND UTE AVENUE INTERSECTION IMPROVEMENTS
PROJECT]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee is a duly organized municipality within Dallas County; AND,
WHEREAS, it has been determined that the Warranty Deed and Public Utility Easement, is
necessary for the purpose of construction of the Ashworth Road and Ute Avenue Intersection
Improvements Project.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa,
that the Warranty Deed and Public Utility Easement for Ashworth Road and Ute Avenue
Intersection Improvements Project are hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 3rd day of May,
2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
Prepared by and return to: Steven P. Brick, 6701 Westown Parkway, Ste 100, West Des Moines, IA 50266 (515) 274-1450 Address Tax Statement To: City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 978-7900
Warranty Deed
For the consideration of one dollar ($1.00) and other valuable consideration, in hand paid by City of Waukee,
the receipt of which is hereby acknowledged, City of Waukee, Iowa, an Iowa municipal corporation,
Grantor, does hereby convey unto City of Waukee, Grantee, the following described real estate in Dallas
County, Iowa:
See Attached Acquisition Plat. These premises are being acquired for public purposes and this transfer is exempt from the requirements for the filing of a Declaration of Value by Iowa Code 428A.2(6).
Grantors do hereby covenant with Grantee, and successors in interest, than Grantors hold the real estate by title
in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate
is free and clear of all liens and encumbrances except as may be above stated; and Grantors covenant to
warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Each
of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real
estate.
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 ____________________, 2021.
CITY OF WAUKEE, IOWA
By: ____________________________________________
Courtney Clarke, Mayor
STATE OF IOWA, COUNTY OF DALLAS:
On ____________________, 2021, before me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared Courtney Clarke as Mayor of the City of Waukee, Iowa.
________________________________________
NOTARY PUBLIC IN AND FOR SAID STATE
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City of Waukee PUE for Private Property
PUBLIC UTILITY EASEMENT
Recorder’s Cover Sheet
Prepare Information (name, address and phone number)
Rudy Koester
City of Waukee, Iowa
805 University Avenue
Waukee, Iowa 50263
515-978-7920
Return Document To: (name and complete address)
City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Grantor: City of Waukee, Iowa
Grantee: City of Waukee, Iowa
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City of Waukee PUE for Private Property
PUBLIC UTILITY EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, CITY OF WAUKEE, (hereinafter referred to as the “Grantor”), in
consideration of the sum of One Dollar ($1.00) 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 City”),
a permanent and perpetual non-exclusive Public Utility Easement (hereinafter referred to as
“Easement(s)”) and right-of-way upon, over, under, through and across the real property legally
described as:
See Exhibit ACQUISITION PLAT, attached hereto and made a part hereof.
2. Use and Purpose of Easement(s).
This Easement shall be granted for the purpose of locating Public Utilities defined as those
utilities, authorized by franchise, permitted, established, formed, acquired, owned, or operated by
the City of Waukee, including but not limited to, electrical, natural gas, telephone, cable television,
water, sanitary sewer, storm sewer, utility services, data transmission utility services, and any other
service permitted by the City and to permit and allow the City, and other utilities authorized or
permitted by the City, to enter at any time upon, over, under, through, and across into said
Easement(s) herein described to use as much of the surface and sub-surface thereof to construct,
replace, locate, rebuild, enlarge, reconstruct, patrol, repair (including the right to place and build
said utility(s) therein or to connect and/or join said utility(s) and appurtenances thereto) and to
forever maintain utilities whenever necessary within the Easement(s) granted herein. No structure
or building of any kind whatsoever shall be erected upon property that is the subject of this
Easement without the express written consent of the City.
3. Maintenance.
The City agrees, after entry, as part of the construction, reconstruction, maintenance,
replacement, location, rebuilding, enlargement, repair and patrolling of the utilities, to restore and
replace the Easement area(s) to substantially the same condition as prior to the time of entry or as
agreed upon by the City and the Grantor(s), including sodding or seeding if it is a landscaped area
and the City shall be required to repave if the Easement crosses a paved area such as a sidewalk or
a driveway, except the City shall not be required to replace landscaping, trees, shrubs, bushes,
landscape elements, structures, or underground water systems nor shall the City be required to
restore the Easement area by reason of settlement, depression, or any unknown conditions which
arise subsequent to the restoration and/or replacing of the easement area; and subsequent
restoration by reason of settlement, depression or any unknown conditions shall be the sole
responsibility of the Grantor at the Grantor's sole expense.
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City of Waukee PUE for Private Property
4. Right of Access.
The City 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 as herein
described, including, but not limited to, the right to remove any unauthorized obstructions or
structures placed or erected in the Easement Area.
5. Hold Harmless.
The Grantor agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind for
actions or omissions of the Grantor arising out of or in connection with any undertaking arising
out of or otherwise related to this Easement.
6. Running of Benefits and Burdens.
The terms and conditions of this Easement are binding upon the Grantor including, but not
limited to, future owners, developers, lessees or occupants. All provisions of this instrument
including benefits and burdens, run with the land are binding upon and inure to the heirs assigns,
successors, tenants and personal representatives of the parties hereto.
7. Jurisdiction and Venue.
The City and the Grantor agree the District Court of the State of Iowa shall have exclusive
jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement
and said parties consent to the jurisdiction of the person being in Dallas County, Iowa.
8. Words and Phrases.
Words and phrases shall be construed as in the singular or plural number, and as masculine,
feminine or neuter gender, according to context.
9. Parties.
The term “City” as used herein shall refer to the City of Waukee, Iowa, its elected officials,
agents, employees, officers, and contractors. The term “Grantor” shall refer to the City of Waukee,
Iowa, their heirs, assigns, successors-in-interest, or lessees, if any.
10. Attorney's Fees.
The City may enforce this instrument by appropriate action, and should they prevail in
such litigation they shall recover as part of their costs the reasonable attorney's fees incurred in
such litigation.
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City of Waukee PUE for Private Property
11. Integration.
This Agreement shall constitute the entire Agreement between the parties and no
amendments or additions to this Agreement shall be binding unless in writing and signed by both
parties.
12. Paragraph Headings.
The paragraph headings in this Agreement are included solely for convenience and shall
not affect or be used in connection with, the interpretation of this Agreement.
Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real estate described
in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful authority to
convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said
Easement Area against the 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 _____________ , 2021.
CITY OF WAUKEE CITY OF WAUKEE
________________________________ _______________________________
Courtney Clarke, Mayor Courtney Clarke, Mayor
Attest:
_______________________________
Rebecca D. Schuett, City Clerk
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City of Waukee PUE for Private Property
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this ____ day of ______________, 2021, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Courtney Clarke, to me personally known, who,
being by me duly sworn, did say that they are the Mayor of the City of Waukee, Iowa, and that the
instrument was signed on behalf of said company by authority of its _______________; and that
said person acknowledged the execution of the foregoing instrument to be the voluntary act and
deed of the company and by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this __________ day of _________________ , 2021, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett,
to me personally known, 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 instrument was signed and sealed on
behalf of the City by authority of its City Council, as contained in Resolution No. ________ passed
by the City Council on the ______ day of ______________, 20____, and that Courtney Clarke
and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the
voluntary act and deed of the City, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa