HomeMy WebLinkAbout2020-12-21-J01N Little Walnut Creek North Trunk Sewer Phase 1_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 [Little Walnut Creek North Trunk Sewer
Extension Phase 1 Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the easements is necessary to complete the
Little Walnut Creek North Trunk Sewer Extension Phase 1 Project.
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. Sanitary Sewer Easement
II. Temporary Construction Easement
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1N
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING EASEMENTS FOR THE LITTLE WALNUT CREEK NORTH
TRUNK SEWER EXTENSION PHASE 1 PROJECT [CITY OF CLIVE]
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 from the City of Clive, Iowa, 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 Sanitary Sewer Easement and Temporary Construction Easement from the City of Clive,
Iowa, for the 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 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
PUBLIC SANITARY SEWER 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: City of Clive, Iowa
Grantee: City of Waukee, Iowa
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SANITARY SEWER EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, THE CITY OF CLIVE, IOWA, an Iowa municipal
corporation (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 easement (hereinafter referred to as “Sanitary Sewer Easement”
or “Easement(s)”) and right-of-way upon, over, under, through and across the real
property legally described as:
SEE EXHIBIT “A” ATTACHED HERETO
(hereinafter referred to as the “Easement Area”)
2. Use and Purpose of Easement(s).
This Easement shall be granted for the purpose of locating sanitary sewer(s)
(hereinafter referred to as “Sewer(s)”) and to permit and allow 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 additional
Sewer(s) therein or to connect and/or join Sewer(s) and appurtenances thereto) and to
forever maintain Sewer(s) 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.
After the initial construction of the Easement, and acceptance by the City, the
City 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, including the replacement of landscaping, trees, shrubs, bushes
and landscape elements, or as agreed upon by the City and the Grantor.
4. Relocation of Facilities.
The City shall, upon reasonable notice and at its sole cost and expense, remove
locate and relocate the Sewer(s) 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,
- 3 -
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 City fails to act within
a reasonable time, the Grantor may cause the City’s Sewer(s) facilities to be relocated,
and the costs thereof shall be paid by the City.
5. 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.
6. 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.
7. 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.
8. 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.
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. 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
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the City of Clive, Iowa, an Iowa municipal corporation, their heirs, assigns, successors-
in-interest, or lessees, if any.
11. 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.
12. 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.
13. 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__.
CITY OF CLIVE CITY OF WAUKEE
______________________________ ____________________________
Courtney Clarke, Mayor
Attest: Attest:
____________________________ Rebecca D. Schuett, City Clerk
- 5 -
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 , 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
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
- 6 -
EXHIBIT A
LEGAL DESCRIPTION
Perpetual Easement (See Exhibit PE-3)
A perpetual sanitary sewer easement located in Parcel “BB” of part of the Southwest 1/4
of Section 22, Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa,
as shown on the Acquisition Plat thereof recorded in Book 2013 on Page 22091 in the
Dallas County Recorder’s Office. Said perpetual easement being more particularly
described as follows:
Beginning at the Southwest corner of said Parcel “BB”; thence North 00°01’29” West
along the West line of said Parcel “BB”, 148.18 feet; thence North 89°56’12” East along
said West line, 30.00 feet; thence South 00°01’29” East, 148.13 feet to the South line of
said Parcel “BB”; thence South 89°51’28” West along said South line, 30.00 feet to the
point of beginning.
Containing 4,445 square feet or 0.10 acres, more or less.
SW 1/4 SW 1/4SEC 22-79-26N. WARRIOR LANE (R-O-W VARIES)ALYVIA PLAT 1OUTLOT "X"
SW CORNER
SEC 22-79-26
3/4"PIPE
P.O.B.
SW CORNER
PARCEL "BB"
1/2"REBAR
W/YELLOW
CAP#16747
L1 PARCEL "BB"
BK2013 PG22091
N89°56'12"E(M) 86.89'(M&R)
LINE TABLE
LINE
L1
L2
L3
L4
BEARING
N00°01'29"W(M)
N89°56'12"E
S00°01'29"E
S89°51'28"W
LENGTH
148.18'(M)
30.00'
148.13'
30.00'
L2
L3
L4
N89°51'28"E(M) 130.00'(M&R)
N89°32'02"E(R)N89°51'28"E(M) N89°32'02"E(R)
N89°35'45"E(R)
L1 N00°24'15"W(R)148.31'(R)N00°02'27"W(M) 2631.65'(M) N00°24'15"W(R) 2631.93(R)1/2"REBAR
W/YELLOW
CAP#16747
1/2"REBAR
W/YELLOW
CAP#16747
1 Inch = 60 ft.
EASEMENT DRAWING
FOR SANITARY SEWER BEING CONVEYED TO
THE CITY OF WAUKEE, IOWA
CITY OF CLIVE, IOWA
1900 NW 114TH ST
CLIVE, IA 50325
1222300017
LEGEND
PERPETUAL EASEMENT 4,445 SQ.FT.
FOUND PROPERTY MONUMENT
MEASURED BEARING OR DIMENSION
RECORDED BEARING OR DIMENSION
FOUND SECTION CORNER MONUMENT
SECTION LINE
PROPERTY LINE
PE-3
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
(M)
(R)
W 1/4
SEC 22-79-26
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: City of Clive, Iowa
Grantee: City of Waukee, Iowa
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, THE CITY OF CLIVE, IOWA, an Iowa municipal
corporation (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:
Sanitary Sewer
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
- 3 -
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__.
CITY OF CLIVE CITY OF WAUKEE
______________________________ ____________________________
Courtney Clarke, Mayor
Attest: Attest:
______________________________ ____________________________
Rebecca D. Schuett, 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 , 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
- 4 -
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
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
Temporary Easement (See Exhibit TE-3)
A temporary construction easement located in Parcel “BB” of part of the Southwest 1/4
of Section 22, Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa,
as shown on the Acquisition Plat thereof recorded in Book 2013 on Page 22091 in the
Dallas County Recorder’s Office. Said temporary easement being more particularly
described as follows:
Commencing at the Southwest corner of said Parcel “BB”; thence North 89°51’28” East
along the South line of said Parcel “BB”, 30.00 feet to the point of beginning;
thence North 00°01’29” West, 148.13 feet to a point on the West line of said Parcel
“BB”; thence North 89°56’12” East along said West line, 30.00 feet; thence South
00°01’29” East, 148.09 feet to the South line of said Parcel “BB”; thence South
89°51’28” West along said South line, 30.00 feet to the point of beginning.
Containing 4,443 square feet or 0.10 acres, more or less.
SW 1/4 S
W 1/4SEC 22-79-26N. WARRIOR LANE (R-O-W VARIES)ALYVIA PLAT 1OUTLOT "X"
SW CORNER
SEC 22-79-26
3/4"PIPE
P.O.C.
SW CORNER
PARCEL "BB"
1/2"REBAR
W/YELLOW
CAP#16747
L1 PARCEL "BB"
BK2013 PG22091
N89°56'12"E(M) 86.89'(M&R)
LINE TABLE
LINE
L1
BEARING
N00°01'29"W(M)
LENGTH
148.18'(M)
L7
L6
L5
N89°51'28"E(M) 130.00'(M&R)
N89°32'02"E(R)N89°51'28"E(M) N89°32'02"E(R)
N89°35'45"E(R)
L1 N00°24'15"W(R)148.31'(R)N00°02'27"W(M) 2631.65'(M) N00°24'15"W(R) 2631.93(R)L8
L9
P.O.B.
L5
L6
L7
L8
L9
N89°51'28"E
N00°01'29"W
N89°56'12"E
S00°01'29"E
S89°51'28"W
30.00'
148.13'
30.00'
148.09'
30.00'
1/2"REBAR
W/YELLOW
CAP#16747
1/2"REBAR
W/YELLOW
CAP#16747
1 Inch = 60 ft.
EASEMENT DRAWING
FOR TEMPORARY CONSTRUCTION BEING CONVEYED TO
THE CITY OF WAUKEE, IOWA
CITY OF CLIVE, IOWA
1900 NW 114TH ST
CLIVE, IA 50325
1222300017
LEGEND
TEMPORARY EASEMENT 4,443 SQ.FT.
FOUND PROPERTY MONUMENT
MEASURED BEARING OR DIMENSION
RECORDED BEARING OR DIMENSION
FOUND SECTION CORNER MONUMENT
SECTION LINE
PROPERTY LINE
TE-3
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
(M)
(R)
W 1/4
SEC 22-79-26
3/4"PIPE