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Home My WebLink About2018-02-05-K13 ARC Phase 5 Settlement Agr, Easements_Hy-VeeAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 5, 2018 AGENDA ITEM:Consideration of approval of a resolution approving Settlement Agreement, Traffic Signal Installation Agreement and Easements between Hy-Vee, Inc., and the City of Waukee [Alice’s Road Corridor Phase 5 Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The documents are necessary for the Alice’s Road Corridor Phase 5 Project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$143,900.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Approve the resolution. RECOMMENDATION: Approve the liquor license. ATTACHMENTS: I. Proposed Resolution II. Settlement Agreement and Easements (signed documents to be provide prior to the council meeting) PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: K13 THE CITY OF WAUKEE, IOWA RESOLUTION 18-____________ APPROVING THE SETTLEMENT AGREEMENT, TRAFFIC SIGNAL INSTALLATION AGREEMENT AND EASEMENTS BETWEEN HY-VEE, INC. AND THE CITY OF WAUKEE 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, the City has been in discussion with Hy-Vee, Inc. regarding the conveyance of certain property interests necessary for the Alice’s Road Improvements Phase 5 Project in Waukee. WHEREAS, the discussions have resulted in a settlement agreement, traffic signal installation agreement and easements, and the City believes it is in the best interest to approve said agreements and easements. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the settlement agreement, traffic signal installation agreement and easements between Hy-Vee, Inc. and the City of Waukee are hereby approved subject to receipt of the executed documents in a form acceptable to the City Attorney. BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to effectuate the closing on behalf of the City, and that the City Clerk shall cause the originals to be recorded upon the properties by submitting the original to the Dallas County Recorder with the appropriate recording fees. Passed by the City Council of the City of Waukee, Iowa, and approved this the 5th day of February, 2018. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon Index Leaend Location: Lot 1, The Crossing At Alice's Road Plat 4 Requestor: City of Waukee Proprietor: Hy-Vee , Inc. Surveyor: Jody Budde Surveyor Company: Foth Infrastructure & Environment, LLC Jody Budde , 8191 Birchwood Court, Suite L Return To: Johnston, IA 50131 I (515) 254-1393 ACQUISITION PLAT RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF WAUKEE SE AUCES ROAD IMPROVEMENTS PROPERTY OWNER: HY-VEE, INC. 5820 WESTOWN PARKWAY W EST DES MOINES , IA 50066 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 1 OF THE CROSSING AT ALICE'S ROAD PLAT 4, AS RECORDED IN BOOK 2015, PAGE 20364 OF THE DALLAS COUNTY RECORDER'S OFFICE, DALLAS COU NTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL43 637 33'(M) 637.30'(R) - P/L -------Ci,c:: NW CORNER LOT 1 i FND 1/2" IR YCAP#7844 r FNDCUTX NE CORNER \ SE1/4 SE1/4 ' SEC. 27-79-26 L N 89° 55' 09" E 14.95' EXHIBIT 43-F N COMMENCING AT THE SOUTHEAST CORNER OF SECTION 27, TOWNSHIP 79 NORTH , RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, THENCE NORTH 00° 31 ' 39" EAST, 375.52 FEET ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 89° 43' 40" WEST, 60.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89° 43' 40" WEST, 29.45 FEET ALONG THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 04° 20' 30" EAST, 164.64 FEET; THENCE NORTH 00° 31' 39" EAST, 104.96 FEET; THENCE NORTH 01 ° 00' 02" EAST, 430.34 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE NORTH 89° 55' 09" EAST, 14 .95 FEET ALONG SAID NORTH LINE TO THE WEST RIGHT-OF-WAY LINE OF NE AUCES ROAD; THENCE SOUTH 00° 31' 39" WEST, 699.59 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. -•- 0 100 200 FEET NOTE: MONUMENTS SHOWN TO BE SET WILL BE ESTABLISHED AFTER CONSTRUCTION IS COMPLETED SAID PARCEL CONTAINS 13,0 76 SQUARE FEET OR 0 .30 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. N 00° 3 1· 39" E 104.96' LOT 1 N 04° 20' 30" E 164.64' \ FT38.'4-f'(M-:--::-&-=R:-<:) ~~7 N 89° 43' 40" W 29.45' <::)ss\J~ 112.39-(MJ 112 .31'(Rl ~ N 89° 43' 40" W 60.00' _, G~\.,$,~'\ '?., c:'. I LOT 2 ~ '\'(\-s'\_ ~ "?\.,~! 0-~ 60' N-L- ~$ ~\) ll. l0 1 ~ LOT 1 99.52 '(M) ~ I 99.51 '(R) (") L ----FN_D_C_U_T _X__,__ R/W 355 .04'(M) 355 01;R) -167 .37'(M)-I SW CORNER 167·35 '(R) v· POC ~E\~E,!4, •. -. -. -. ~:i;:, ~i,"HA~A~~:~. -. -. -. -. -. -. -I I.: . -. i~g~;1;:LUG . . . -. .._ 'i S89°56'19"W1317.78' - R/W ----------- LEGEND A FOUND SECTION CORNER MONUMENT 6 SET SECTION CORNER MONUMENT • FOUND CUT X (UNLESS NOTED) 0 SET 518" REROD W/PINK CAP#2284 7 (UNLESS NOTED) (M) MEASURED DIMENSION (R) RECORDED DIMENSION I.R. IRO NROD I.P. IRON PIPE ----SECTION LINE -R1 w ~ RIGHT-OF-WAY LINE EXISTING LOT LINE -P/L ~ PROPERTY LINE WM PROPOSED RIGHT-OF-WAY ACQUISITION SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE, IA 50263 TEL.: (515) 987-4363 FOTH PROJECT NO. 16W021-01 DATE: 8/9/2017 R/W -------~.._ FIELD SURVEY COMPLETED: JANUARY 2017 I here by certify that this la nd surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under th laws of the State of Iowa. DATE License Number: 2284 7 My license renewal date is DECEMBER 31. 2018. Pages or sheets covered by this seal : a+:\ +Foth SHEET 1 OF 1 Foth Infrastructure & Environment, LLC 8191 Birchwood Court. Suite L Johnston, IA 50131-2931 Phone: 515-254-1 393 Fax: 515-254-1642 EXHIBIT "A" EXHIBIT "A" TO PUBLIC UTILITY EASEMENT PUBLIC FACILITIES AND USE EASEMENT Recorder’s Cover Sheet Preparer Information: Steven P. Brick, Brick Gentry P.C. 6701 Westown Parkway, Suite 100 West Des Moines, IA 50266 (515) 274-1450 Return Document To: City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Grantor: Hy-Vee, Inc. Grantee: City of Waukee, Iowa EXHIBIT "E" - 2 - PUBLIC FACILITIES AND USE EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: That the undersigned, Hy-Vee, Inc., an Iowa 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 “Grantee” or “City”), a permanent easement under, through and across the real property legally described as: SEE PERMANENT EASEMENT PLAT ATTACHED HERETO (the “Easement Area”) That the above described Easement is granted unto the City for the purpose of public uses deemed appropriate by the City including but not limited to public ingress/egress, public recreation, and constructing, reconstructing, repairing, replacing, enlarging, inspecting and maintaining any and all utilities and/or facilities the City deems appropriate including, but not limited to, traffic control devices, sanitary sewer facilities, storm sewer, trunk sewers, electric, water, gas, phone, cable and any and all other utilities, sidewalks, bike trail(s), waterways, open creeks, ditches or trenches or any other facilities deemed appropriate and/or necessary by the City, provided, however, all such utilities and/or facilities constructed, reconstructed, repaired, replaced, enlarged, inspected or maintained by the City pursuant to this Easement shall be located entirely within the Easement Area or other real property to which the City has rights and shall not encroach under, over, on, through, across or within Grantor’s real property outside of the Easement Area. 1. Erection and Placement of Structures, Obstructions, Plantings or Materials Prohibited. Grantor and its grantees, assigns and transferees shall not interfere with the facilities and/or use of the Easement Area by the City. Subsequent to execution of this Easement, Grantor shall not place, erect or plant any material, fence or other structure, under, over, on, through, across or within the Easement Area. 2. Maintenance of Easement. The City shall be responsible for maintaining the Easement Area with regard to any facilities or infrastructure installed therein by the City. 3. Change of Grade Prohibited. Grantor and its successors, assigns and transferees shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 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 from property adjacent thereto as herein described, including, but not limited to, the right to remove any unauthorized fences, structures, obstructions, planting or material placed or erected under, over, on, through, across or within the Easement Area after the date hereof. - 3 - 5. Property to be Restored. Upon completion of any construction, reconstruction, repair, enlargement or maintenance of any improvements in the Easement Area, the City shall restore the Easement Area in good and workmanlike manner to a condition comparable to its condition before construction, reconstruction or alteration as set forth below. 6. Liability. Except as otherwise set forth herein and except as may be caused by the negligent or wrongful acts or omissions of the City, its employees, agents or its representatives, the City shall not be liable for injury or property damage occurring in or to the Easement Area, the property abutting said Easement Area, nor for property damage or any improvements or obstructions thereon resulting from the City’s exercise of the Easement. Grantor agrees to indemnify and hold the City, its employees, agents and representatives harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent or wrongful acts or omissions of Grantor or its employees, agents or representatives arising out of or in connection with this Easement. 7. Easement Benefit. This Easement shall be for the benefit of the City, its successors and assigns, and its permittees and licensees. 8. Easement Runs with Land. This Easement shall be deemed perpetual and to run with the land and shall be binding on Grantor, Grantee and on their respective successors, assigns and transferees. 9. Consent and Subordination of Mortgage Holder(s). By signing this Agreement, the undersigned lender, if any, its successors and assigns consents to the terms of this easement agreement and hereby subordinates its interest in the Easement Area to the interest of the City and its successors and assigns. 10. Approval by City Council. This Easement shall not be binding until it has received the final approval and acceptance by the City Council by Resolution which approval and acceptance shall be noted on this Easement by the City Clerk. 11. 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 Dallas County, Iowa. 12. Attorney’s Fees. The City and Grantor may enforce this instrument by appropriate action, and should they prevail in such litigation the prevailing party shall recover as part of their costs the reasonable attorney’s fees incurred in such litigation. 13. Easements of Record. The Grantee agrees and acknowledges that the grant of the Easement hereunder is subject to all easements and restrictions of record. The City shall not cause Grantor to be in violation of the terms and conditions of any of such easements or restrictions affecting the Easement Area entered or recorded prior to the date hereof unless such violation is waived by the applicable easement holder or as otherwise permitted by applicable Iowa law. - 4 - 15. The Grantee will indemnify and hold harmless Grantor from any and all claims (i) by third parties for any damages, injuries or losses arising out of Grantee’s use of the easement, and (ii) for any physical damage to Grantor’s property outside the Easement Area arising from the work done in connection therewith. That the Grantor does HEREBY COVENANT with the said Grantee, that said Grantor holds said real estate described in this Easement Area by title in fee simple; that Grantor has good and lawful authority to sell and convey the same; that said premises are free and clear of all liens and encumbrances whatsoever, except as may be herein stated; that said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the lawful claims of all persons whomsoever, except as herein stated. - 5 - IN WITNESS WHEREOF, we have hereunto affixed our hands this ______ day of ________________________, 2018. GRANTOR: HY-VEE, INC. ______________________________ Signature ______________________________ Jeffrey Markey, Sr. Vice President ______________________________ Nathan Allen, Assistant Secretary STATE OF IOWA ) ) SS COUNTY OF POLK ) On this _____ day of __________________, 2018, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared Jeffrey Markey and Nathan Allen, to me personally known, who being by me duly sworn, did say that that persons are Senior Vice President and Assistant Secretary of the corporation executing the foregoing instrument; that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured by the corporation) and that the instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; that Jeffrey Markey and Nathan Allen acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. ______________________________ Notary Public in and for the State of Iowa - 6 - ACCEPTANCE BY CITY CITY OF WAUKEE ____________________________ William F. Peard, Mayor Attest: ____________________________ Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _____ day of __________________, 2018, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared William F. Peard and Rebecca D. Schuett, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk of the City of Waukee, Iowa, a municipal corporation, executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee, by it and by them voluntarily executed. ______________________________ Notary Public in and for the State of Iowa