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Home My WebLink About2020-12-07-J01N NW 10th Street Imp Project_Amended Easement_WCSD. CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 7, 2020 AGENDA ITEM:Consideration of approval of a resolution approving Amended Public Utility Easement for the NW 10th Street Improvement Project, West Hickman Road to NW Douglas Parkway. [Waukee Community School District] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The Amended Public Utility Easement is necessary for the construction of the NW 10th Street Improvement project, West Hickman Road to NW Douglas Parkway. MidAmerican Energy requested an amendment to the previously approved public utility easement to address language they felt didn’t allow City franchised utilities to occupy the easement. This was not the intent and therefore this amended easement will correct this error. City legal staff have reviewed and approved the second amendment. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$1.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Amended Public Utility Easement PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: AGENDA ITEM: J1N THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING AMENDED PUBLIC UTILITY EASEMENT FOR THE NW 10TH STREET IMPROVEMENT PROJECT, W. HICKMAN ROAD TO NW DOUGLAS PARKWAY [WAUKEE COMMUNITY SCHOOL DISTRICT] 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, on July 20, 2020, the Waukee City Council approved a Public Utility Easement on property owned by the Waukee Community School District for the purpose of construction of the NW 10th Street Improvement Project, W. Hickman Road to NW Douglas Parkway (Resolution #2020-265); AND, WHEREAS, a second amendment is proposed to correct specific language related to franchise utilities in the easement. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 7th day of December, 2020, that it hereby approves the Amended Public Utility Easement for the NW 10th Street Improvement Project, W. Hickman Road to NW Douglas Parkway [Waukee Community School District]. ____________________________ 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 1 Waukee-WCSD Amended PUE AMENDED 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: Waukee Community School District Grantee: City of Waukee, Iowa Previously Recorded Document: Book 2020 Page 19839 2 Waukee-WCSD Amended PUE AMENDED PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, WAUKEE COMMUNITY SCHOOL DISTRICT, (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 41-P, 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. 3 Waukee-WCSD Amended PUE 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.