HomeMy WebLinkAbout2020-12-21-J01M 10-Inch Gas Main Project_Easements_City of CliveAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: December 21, 2020
AGENDA ITEM:Consideration of approval of a resolution approving Easements between City
of Clive and the City of Waukee [10-inch Gas Main Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the easements is necessary to complete the
10-inch Gas Main project. This project begins near the intersection of NE
Alice’s Rd and Meredith Dr, continues west along Meredith Dr, then south
along NW 10th St, ending near the intersection of W Hickman Rd and NW
10th St.
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. Gas Main Easement
II. Temporary Construction Easement
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1M
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING EASEMENTS FOR THE 10-INCH GAS MAIN PROJECT
[CITY OF CLIVE]
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 certain easements from the City of Clive, Iowa, are
necessary for the purpose of construction of the 10-Inch Gas Main Project.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa,
that the Gas Main Easement and Temporary Construction Easement from the City of Clive,
Iowa, for the 10-Inch Gas Main Project are hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 21st 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
Page 1 of 5
Return Document To: Joyce A. Cortum, City of Clive, 1900 NW114th Street, Clive, IA 50325
Prepared by: Travis J. Paul, Veenstra & Kimm, Inc., 3000 Westown Pkwy, West Des Moines, Iowa 50266 (515) 225-8000
GAS MAIN EASEMENT
KNOW TO ALL MEN BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, City of Clive, Iowa, a municipal Corporation, (hereinafter referred to as
the "Grantor"), of the City of Clive, Dallas County, Iowa, in consideration of the sum of One and
00/100 Dollars ($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 permanent and perpetual
easement (hereinafter referred to as "Gas Main Easement" or "Easement") and right-of-way upon,
over, under, through and across the real property legally described as:
The South ½ of the Northeast ¼ of the Northeast ¼ of Section 22, Township 79 North, Range 26
West of the 5th P.M., Dallas County, Iowa.
Perpetual Easement Area
Said Easement being more particularly described as follows:
Commencing at the Northeast Corner of Section 22, Township 79 North, Range 26 West of the
Fifth Principal Meridian, Thence South 00°10’07” West, 651.74 feet along the East line of the
Northeast Quarter of said Section 22 to the North line of said Parcel “C”; thence South 89°51’58”
West, 60.00 feet along said North line to the Westerly Right-of-Way line of Alice’s Road; thence
South 00°10’07” West, 128.83 feet along said Right-of Way Line; thence North 89°49’53” West,
10.00 feet; thence North 00°10’07” East, 128.78 feet to said North line; thence North 89°51’58”
East, 10.00 feet along said North line to the point of beginning.
Containing 1,288 square feet, more or less (the “Easement Area”).
Page 2 of 5
2. Use and Purpose of Easement.
This Easement shall be granted for the purpose of a gas main (hereinafter referred to as the
"Gas Main") and to permit and allow the Grantee to enter at any time upon, over, under, through,
and across into said Easement Area herein described to use as much of the surface and sub-surface
thereof to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair and to forever
maintain the Gas Main whenever necessary within the Easement Area . No structure or building of
any kind whatsoever shall be erected upon the Easement Area without the express written consent
of the Grantor.
3. Maintenance.
After the initial construction of the Easement, and acceptance by the Grantee, the Grantee
agrees, as part of the reconstruction, maintenance and patrolling of the Easement Area, to restore
and replace the Easement Area to substantially the same condition as prior to the time of entry or as
agreed upon by the Grantee and the Grantor, except the Grantee shall be required to replace
landscaping, trees, shrubs, bushes and landscape elements.
4. Relocation of Facilities.
The Grantee shall, upon reasonable notice and at its sole cost and expense, remove, locate
and relocate the Gas Main facilities in, on, over or under the Easement Area in such a manner as
the Grantor may require for the purpose of (a) facilitating the construction, reconstruction,
maintenance, repair or change in grade of any public improvement on, in, near or about the
Easement Area by Grantor; (b) promoting the efficient operation of any such public improvement
by Grantor; and (c) facilitating the vacation and/or redevelopment of public property by the
Grantor. In the event the Grantee fails to act within a reasonable time, the Grantor may cause the
Grantee’s Gas Main facilities to be relocated, and the costs thereof shall be paid by the Grantee.
5. Right of Access.
The Grantee 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.
6. Hold Harmless.
To the extent permitted by law, the Grantor and the Grantee shall indemnify and hold the
other, its elected officials, employees, officers, agents, representatives, contractors, and attorneys,
harmless from and against any and all claims or demands for liability, loss, damage, costs,
expenses, or causes of action and any connected expenses that are caused directly or indirectly by
or as a result of the negligent performance by the other (or by their agents or employees) under this
agreement, except that nothing herein shall be construed to require the Grantee, nor the Grantor, to
indemnify the other from that party's negligence.
Page 3 of 5
7. Running of Benefits and Burdens.
The terms and conditions of this agreement are binding upon the Grantor and the Grantee
including, but not limited to, future owners, developers, lessees or occupants. All provisions of
this agreement, including benefits and burdens, run with the land and are binding upon and inure to
the heirs, assigns, successors, tenants and personal representatives of the parties hereto.
8. Jurisdiction and Venue.
The Grantee 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
agreement and said parties consent to the jurisdiction of the person being in Dallas County, Iowa.
9. 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.
10. Legal Action.
Either party may enforce this agreement by appropriate legal action, and should such party
prevail in such litigation it shall recover as part of its 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.
The Grantor does HEREBY COVENANT with the Grantee that the Grantor holds the Easement
Area by title in fee simple; that the Grantor has good and lawful authority to convey the same; and
said the Grantor covenants to WARRANT AND DEFEND said Easement Area against the lawful
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 agreement.
Words and phrases herein including acknowledgement hereof shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Page 4 of 5
Dated this day of , 20____.
City of Clive (“Grantor”) City of Waukee (“Grantee”)
Scott Cirksena, Mayor Courtney Clarke, Mayor
Attest: Attest:
City Clerk City Clerk
STATE OF IOWA )
) SS:
COUNTY OF )
On the day of , 20 , before me, a Notary Public in and for said State,
personally appeared and
(signatory name/s), to me personally known, and, who, being by me duly sworn, did say that they
are the Mayor and City Clerk, respectively, of the City of Clive, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
(Ordinance No. passed) of (the Resolution adopted) by the City Council, under
Roll Call No. of the City Council on the day of , 20 , and that
and
(signatory names) acknowledged the execution of the instrument to be their voluntary act and
deed and the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
Page 5 of 5
STATE OF IOWA )
) SS:
COUNTY OF DALLAS )
On the day of , 20 , before me, a Notary Public in and for said State,
personally appeared and
(signatory name/s), to me personally known, and, 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 seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
(Ordinance No. passed) of (the Resolution adopted) by the City Council, under
Roll Call No. of the City Council on the day of , 20 , and that
and
(signatory names) acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by
it voluntarily executed.
Notary Public in and for the State of Iowa
FEET
0 100
FOUND 1/2" I.R. W/YC#3321 (UNLESS NOTED)
SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED)
EXISTING LOT LINE
I.R.IRON ROD
I.P.IRON PIPE
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
1 OF 1
SHEET
PROPOSED TEMPORARY CONSTRUCTION EASEMENT
19W019-01
FIELD SURVEY COMPLETED: DECEMBER 2019
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
EXHIBIT 59-T
BOOK 2003, PAGE 882
CLIVE, IA 50325-7077
1900 NW 114TH ST.
CITY OF CLIVE
PARCEL 59
10 INCH GAS MAIN SURVEY ALONG MEREDITH DRIVE AND NW 10TH
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
PROPERTY OWNER:
LEGAL DESCRIPTION:
(M)
(R)
MEASURED DIMENSION
RECORDED DIMENSION
SECTION LINE
RIGHT-OF-WAY LINE
PROPERTY LINE
LEGEND
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SAID TRACT CONTAINS 2,306 SQUARE FEET OR 0.05 ACRES MORE OR LESS,
LINE TO THE POINT OF BEGINNING.
NORTH LINE; THENCE NORTH 89° 51' 58" EAST, 15.00 FEET ALONG SAID NORTH
WEST, 25.00 FEET; THENCE NORTH 00° 10' 07" EAST, 143.70 FEET TO SAID
ALONG SAID WESTERLY RIGHT-OF-WAY LINE; THENCE NORTH 89° 49' 53"
OF-WAY LINE OF ALICE'S ROAD; THENCE SOUTH 00° 10' 07" WEST, 15.00 FEET
FEET; THENCE SOUTH 89° 49' 53" EAST, 10.00 FEET TO THE WESTERLY RIGHT-
LINE TO THE POINT OF BEGINNING; THENCE SOUTH 00° 10' 07" WEST, 128.78
PARCEL "C"; THENCE SOUTH 89° 51' 58" WEST, 70.00 FEET ALONG SAID NORTH
NORTHEAST QUARTER OF SAID SECTION 22 TO THE NORTH LINE OF SAID
SOUTH 00° 10' 07" WEST, 651.74 FEET ALONG THE EAST LINE OF THE
NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, THENCE
COMMENCING AT THE NORTHEAST CORNER OF SECTION 22, TOWNSHIP 79
PARTICULARLY DESCRIBED AS FOLLOWS:
FORMING A PART OF THE CITY OF CLIVE, DALLAS COUNTY, IOWA, MORE
789 OF THE DALLAS COUNTY RECORDER'S OFFICE, NOW INCLUDED IN AND
A PARCEL OF LAND LOCATED IN PARCEL "C", AS RECORDED IN BOOK 8, PAGE
TEMPORARY EASEMENT
DATE:8/25/2020
SURVEY FOR:
FOTH PROJECT NO.1303.47'(M) 1303.76'(R)S 00° 10' 07" W W/YC #6808
FND 1/2" I.R.
60'ALICE'S ROAD143.70'N 00° 10' 07" EOF CORNER
FND 1.49' E.
1322.35'(M) 1322.31'(R)658.04'(M) 654.34'(R)PAGE 789
BOOK 8
SEC. 22-79-26
S1/2, NE1/4, NE1/4
PARCEL "C"
OF CORNER
& 0.33' S.
FND 1.12' W.
1323.28'(M) 1322.58'(R)
SEC. 22-79-26
NE CORNER
FND CUT 'X'
POC
S 89° 51' 58" W 70.00'
N 89° 51' 58" E 15.00'
S 89° 49' 53" E 10.00'651.74'S 00° 10' 07" W POBSEC. 22-79-26
N 1/2, N E1/4,NE1/4
10'
W/YC #16980
FND 1/2" I.R.
S 00° 10' 07" W 15.00'
N 89° 49' 53" W 25.00'128.78'S 00° 10' 07" W15'
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393