HomeMy WebLinkAbout2020-12-07-J01L LWC North Trunk Sewer Extension Phase 1_Easements_Prairie Rose WaukeeAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: December 7, 2020
AGENDA ITEM:Consideration of approval of a resolution approving Easements between
Prairie Rose Waukee, LLC and the City of Waukee [Little Walnut Creek
North Trunk Sewer Extension Phase 1]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the easements are necessary to complete the
Little Walnut Creek North Trunk Sewer Extension Phase 1 project. This
project extends a sanitary sewer from the existing lift station on N Warrior Ln
north to the proposed Ashley Acres development. This project is part of the
City’s responsibilities as stated in the approved developer’s agreement
between the City of Waukee and Ashley Acres, LLC dated August 17, 2020.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $2.00 ($1.00 each)
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Public Utility Easement
II. Temporary Construction Easement
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1L
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING EASEMENTS BETWEEN PRAIRIE ROSE WAUKEE, LLC, AND
THE CITY OF WAUKEE [LITTLE WALNUT CREEK NORTH TRUNK SEWER
EXTENSION PHASE 1 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, it has been determined that certain easements are necessary for the purpose of
construction of the Little Walnut Creek North Trunk Sewer Extension Phase 1 Project.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa,
that the Public Utility Easement and Temporary Construction Easement between Prairie Rose
Waukee, LLC, and the City of Waukee [Little Walnut Creek North Trunk Sewer Extension
Phase 1 Project] are hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 7th day of
December, 2020.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
PUBLIC UTILITY 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 W. Hickman Road
Waukee, Iowa 50263
Grantor: Prairie Rose Waukee, LLC
Grantee: City of Waukee, Iowa
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PUBLIC UTILITY EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, PRAIRIE ROSE WAUKEE LLC, an Iowa limited liability
company (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 A, 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
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reason of settlement, depression or any unknown conditions shall be the sole
responsibility of the Grantor at the Grantor’s sole expense.
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
Prairie Rose Waukee, LLC, an Iowa limited liability company, their heirs, assigns,
successors-in-interest, or lessees, if any.
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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.
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 ______________, 20__.
PRAIRIE ROSE WAUKEE, LLC CITY OF WAUKEE
______________________________ ____________________________
Bill Spencer, President & CEO Courtney Clarke, Mayor
Attest:
____________________________
Rebecca D. Schuett, City Clerk
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STATE OF IOWA )
) SS
COUNTY OF )
On this _____ day of ____________________, 20_____, before me, a Notary
Public, in and for said State and county, personally appeared
_______________________(signatory name), to me personally known, who being by me
duly sworn or affirmed, did say that that person is (official title)
of said (limited liability company) and that said instrument
was signed on behalf of the said limited liability company by authority of its managers
and the said (signatory name) acknowledged the execution of
said instrument to be the voluntary act and deed of said limited liability company by it
voluntarily executed.
__________________________________
Notary Public in and for the State of Iowa
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 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
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EXHIBIT A
LEGAL DESCRIPTION
Perpetual Easement (See Exhibit PE-2)
A perpetual sanitary sewer easement located in the Northeast 1/4 of the Northeast 1/4 of
Section 28, Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa
more particularly described as follows:
Commencing at the Northwest corner of Parcel “AA” of said Northeast 1/4 of the
Northeast 1/4 of Section 28 as shown on the Plat of Survey thereof recorded in Book
2013 on Page 1934 in the Dallas County Recorder’s Office; thence South 89°37’16” East
along the North line of said Parcel “AA”, 43.13 feet to the point of beginning; thence
North 25°10’25” East, 159.41 feet; thence North 00°22’43” East, 78.43 feet to the North
line of said Northeast 1/4 of the Northeast 1/4 of Section 28; thence South 89°24’16”
East along said North line, 20.00 feet to the West right-of-way line of North Warrior
Lane; thence South 00°22’44” West along said West right-of-way line, 106.59 feet;
thence South 25°10’25” West, 128.30 feet to said North line of Parcel “AA”; thence
North 89°37’16” West along said North line, 33.05 feet to the point of beginning.
Containing 6,166 square feet or 0.14 acres, more or less.
N00°22'44"E(M&R) 2629.58'(M&R)NE 1/4 NE 1/4SEC 28-79-2633.00'(M&R)N. WARRIOR LANE (R-O-W VARIES)SAHU ACRES
PARCEL "AA"
BK2013 PG1934
P.O.C.
3/4"PIPE
W/ORANGE
CAP#18370
3/4"PIPE
W/ORANGE
CAP#18370
N89°37'16"W(M&R) 130.00'(M&R)N89°37'16"W(M&R)33.00'(M&R)222.89'(M&R)NE CORNER
SEC 28-79-26
3/4"PIPE
P.O.B.
L1
L2
L3
L4
L5
33.00'(M&R)
S89°24'16"E(M&R) 2636.47'(M&R)
L6
L7LINE TABLE
LINE
L1
L2
L3
L4
L5
L6
L7
BEARING
S89°37'16"E
N25°10'25"E
N00°22'43"E
S89°24'16"E
S00°22'44"W
S25°10'25"W
N89°37'16"W
LENGTH
43.13'
159.41'
78.43'
20.00'
106.59'
128.30'
33.05'
1 Inch = 60 ft.
EASEMENT DRAWING
FOR PUBLIC UTILITIES BEING CONVEYED TO
THE CITY OF WAUKEE, IOWA
PRAIRIE ROSE WAUKEE, LLC
9550 HICKMAN ROAD, SUITE 100
DES MOINES, IA 50325
1228200006
LEGEND
PERPETUAL EASEMENT 6,166 SQ.FT.
FOUND PROPERTY MONUMENT
MEASURED BEARING OR DIMENSION
RECORDED BEARING OR DIMENSION
FOUND SECTION CORNER MONUMENT
SECTION LINE
PROPERTY LINE
PE-2
VEENSTRA & KIMM, INC.
3000 WESTOWN PARKWAY
WEST DES MOINES, IOWA 50266-1320
515-225-8000
LITTLE WALNUT CREEK NORTH TRUNK SEWER
SHEET 1 OF 1Rev/By
E 1/4
SEC 28-79-26
CUT "X"
(M)
(R)
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SEC 28-79-26
3/4"PIPE
TEMPORARY 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: Prairie Rose Waukee, 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 ROSE WAUKEE, LLC, an Iowa limited liability
company (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 Grantee”), a
temporary construction easement under, through and across the following described real
estate:
SEE EXHIBIT “A” 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:
Public Utilities
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 or sodded and/or left in its natural state 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
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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.
Signed this ___ day of ______________, 20__.
PRAIRIE ROSE WAUKEE, LLC CITY OF WAUKEE
______________________________ ____________________________
Bill Spencer, President & CEO Courtney Clarke, Mayor
Attest:
____________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) SS
COUNTY OF )
On this _____ day of ____________________, 20_____, before me, a Notary
Public, in and for said State and county, personally appeared
_______________________(signatory name), to me personally known, who being by me
duly sworn or affirmed, did say that that person is (official title)
of said (limited liability company) and that said instrument
was signed on behalf of the said limited liability company by authority of its managers
and the said (signatory name) acknowledged the execution of
said instrument to be the voluntary act and deed of said limited liability company by it
voluntarily executed.
______________________________
Notary Public in and for the State of Iowa
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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 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
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EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-2)
A temporary construction easement located in the Northeast 1/4 of the Northeast 1/4 of
Section 28, Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa
more particularly described in two (2) segments as follows:
Segment 1
Beginning at the Northeast corner of Parcel “AA” of said Northeast 1/4 of the Northeast
1/4 of Section 28 as shown on the Plat of Survey thereof recorded in Book 2013 on Page
1934 in the Dallas County Recorder’s Office; thence North 89°37’16” West along the
North line of said Parcel “AA”, 53.81 feet; thence North 25°10’25” East, 128.30 feet to
the West right-of-way line of North Warrior Lane; thence South 00°22’44” West along
said West right-of-way line, 116.48 feet to the point of beginning.
Containing 3,134 square feet or 0.07 acres, more or less.
Segment 2
Commencing at the Northwest corner of Parcel “AA” of said Northeast 1/4 of the
Northeast 1/4 of Section 28 as shown on the Plat of Survey thereof recorded in Book
2013 on Page 1934 in the Dallas County Recorder’s Office; thence South 89°37’16” East
along the North line of said Parcel “AA”, 21.10 feet to the point of beginning; thence
North 25°10’25” East, 164.26 feet; thence North 00°22’44” East, 44.11 feet; thence
North 89°24’16” West, 327.06 feet; thence North 00°35’44” East, 30.00 feet to the North
line of said Northeast 1/4 of the Northeast 1/4 of Section 28; thence South 89°24’16”
East along said North line, 346.95 feet; thence South 00°22’44” West, 78.43 feet; thence
South 25°10’25” West, 159.41 feet to said North line of Parcel “AA”; thence North
89°37’16” West along said North line of Parcel “AA”, 22.03 feet to the point of
beginning.
Containing 14,572 square feet or 0.33 acres, more or less. Total area containing 17,706
square feet or 0.41 acres, more or less.
N00°22'44"E(M&R) 2629.58'(M&R)NE 1/4 NE 1/4SEC 28-79-2633.00'(M&R)N. WARRIOR LANE (R-O-W VARIES)SAHU ACRES
PARCEL "AA"
BK2013 PG1934
P.O.C.
SEGMENT 2
3/4"PIPE
W/ORANGE
CAP#18370
P.O.B.
SEGMENT 1
3/4"PIPE
W/ORANGE
CAP#18370
N89°37'16"W(M&R) 130.00'(M&R)N89°37'16"W(M&R)33.00'(M&R)222.89'(M&R)NE CORNER
SEC 28-79-26
3/4"PIPE
L6
L15
L8L7
L10
33.00'
(M&R)
P.O.B.
SEGMENT 2
L9
L17
L11
S89°24'16"E(M&R) 2636.47'(M&R)
L12
L13
L14
LINE TABLE
LINE
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
BEARING
N89°37'16"W
N25°10'25"E
S00°22'44"W
S89°37'16"E
N25°10'25"E
N00°22'44"E
N89°24'16"W
N00°35'44"E
S89°24'16"E
S00°22'44"W
S25°10'25"W
N89°37'16"W
LENGTH
53.81'
128.30'
116.48'
21.10'
164.26'
44.11'
327.06'
30.00'
346.95'
78.43'
159.41'
22.03'
L16
1 Inch = 200 ft.
EASEMENT DRAWING
FOR TEMPORARY CONSTRUCTION BEING CONVEYED TO
THE CITY OF WAUKEE, IOWA
PRAIRIE ROSE WAUKEE, LLC
9550 HICKMAN ROAD, SUITE 100
DES MOINES, IA 50325
1228200006
LEGEND
TEMPORARY EASEMENT
SEGMENT 1 = 3,134 SQ.FT.
SEGMENT 2 = 14,572 SQ.FT.
TOTAL AREA = 17,706 SQ.FT.
FOUND PROPERTY MONUMENT
MEASURED BEARING OR DIMENSION
RECORDED BEARING OR DIMENSION
FOUND SECTION CORNER MONUMENT
SECTION LINE
PROPERTY LINE
TE-2
VEENSTRA & KIMM, INC.
3000 WESTOWN PARKWAY
WEST DES MOINES, IOWA 50266-1320
515-225-8000
LITTLE WALNUT CREEK NORTH TRUNK SEWER
SHEET 1 OF 1Rev/By
E 1/4
SEC 28-79-26
CUT "X"
(M)
(R)
N 1/4
SEC 28-79-26
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