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Home My WebLink About2017-08-21-J01T ARC Phase 5_UICCU_PUEWoukee W THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 21, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Public Utility Easement for Construction related to the SE Alice's Road Improvement Project, Phase 5 (University of Iowa Community Credit Union) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is required for the construction of the SE Alice's Road Improvement Project, Phase 5. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: One Dollar ($1.00) COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson/Rudy Koester REVIEWED BY: John Gibson 61 PUBLIC NOTICE INFORMATIO NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING PUBLIC UTILITY EASEMENT RELATED TO ALICE'S ROAD CORRIDOR IMPROVEMENTS, PHASE 5 [UNIVERSITY OF IOWA COMMUNITY CREDIT UNION] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE, 10WA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, it has been determined that a Public Utility Easement is necessary for the purpose of construction of the Alice's Road Corridor Improvement Project, Phase 5 (the "Project"); AND, WHEREAS, said easement shall be located on a portion of the property owned by University of Iowa Community Credit Union and legally described as referenced in Exhibit A, which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 21 s` day of August, 2017, that it hereby approves the Public Utility Easement related to Alice's Road Corridor Improvement Project, Phase 5, with payment made by the City to property owner(s) University of Iowa Community Credit Union in the amount of $1.00. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon PUBLIC UTILITY EASEMENT Recorder's Cover Sheet Preparer Information: A&R Land Services 1609 Golden Aspen Road, Suite 104 Ames, IA 50010 Return Document To: City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Grantor: University of Iowa Community Credit Union Grantee: City of Waukee, Iowa PUBLIC UTILITY EASEMENTS) KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s). The undersigned, UNIVERSITY OF IOWA COMMUNITY CREDIT UNION (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 established, formed, acquired, owned, or operated by the City of Waukee, including but not limited to, electrical, natural gas, telephone, cable television utility services, and data transmission utility services 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 said utility therein or to connect and/or join said utility 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. 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. 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. 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. -3- 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 University of Iowa Community Credit Union, 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. 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 a day of ,/„/Pz 2017. UNIVERSITY OF IOWA COMMUNITY CREDIT UNION Signature x02c/C /0" &Z Printed Name Title STATE OF IOWA ) ) SS COUNTY OF ) CITY OF WAUKEE William F. Peard, Mayor Attest: Rebecca D.Schuett, City Clerk On this 161— day of JU tL) , 2017, before me, the undersigned, a Notary Public in and for said Courlfy and the State of Iowa, personally appeared Dj &r- to t4e , to me personally known, who being by me duly sworn, did say that that person is A,(A Offices- 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 \JP0AUAA To ltb, ,m acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. o r ommATHAN PUr* 174 _ Commission Number 801745 r owA • MY Com iissi g n Expires Z 13 26 2c byte- ` C-- , a4-�L-' Not y Public in and f r the State of Iowa 5- STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this day of , 2017, 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 0 EXHIBIT A LEGAL DESCRIPTION Part of Lot 2, The Crossing at Alice's Road Plat 4, an Official Plat in the City of Waukee, Dallas County, Iowa, as recorded in Book 2015, Page 20364 of the Dallas County Recorder's Office, Dallas County, Iowa, and more particularly described on the attached Permanent Easement Plat. -7- Index Legend Location: I Lot 2, The Crossing At Alice's Road Plat 4 Re uestor: City of Waukee Proprietor: University of Iowa Community Credit Union Surveyor: Jody Budde Surveyor Company: _ Foth Infrastructure & Environment, LLC ReturnTo: Jody Budde, 8191 Birchwood Court, Suite L Johnston, IA 50131 515 254-1393 PERMANENT EASEMENT EXHIBIT 42-P2 PERMANENT UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE BE ALICES ROAD IMPROVEMENTS PARCEL 42 END CUT X LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN LOT 2 OF THE CROSSING AT ALICE'S ROAD PLAT 4, AS RECORDED IN BOOK 2015, PAGE 20364 OF THE DALLAS COUNTY RECORDER'S OFFICE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, THENCE SOUTH 89' 56' 19' WEST, 105.51 FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 00' 31' 39" FAST, 157.97 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00' 31' 39" EAST, 203.01 FEET; THENCE NORTH 04" 20' 30" EAST, 15.20 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 89° 43' 40" EAST, 15.04 FEET ALONG SAID NORTH LINE; THENCE SOUTH 04° 20' 30" WEST, 15.76 FEET; THENCE SOUTH 00' 31' 39" WEST, 187.35 FEET; THENCE SOUTH 45' 13' 30' WEST, 21.33 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,160 SQUARE FEET OR 0.07 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. PROPERTY OWNER: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION C/O NATHAN ALLEN 5820 WESTOWN PARKWAY WEST DES MOINES, IA 50066 BOOK 2008, PAGES 6499-6500 NE CORNER 1 SEi/4 SE114 SEC. 27-79-26 L END 5/8" IS YCAP#7844 Iry rc as se ab IA as W ^ LOT 1 se w O �^ W'o z GR�\CF'R 'k os w ¢F, z z 0Q 60' �tl.44`(M 2 N 04° 20' 30" E 15,20' N00°31'3B'�E 203. 01- � LOT � � d Vl) LOT 34.83'— FND R/y N89°55'21"E� —187.37'(M)— 167,35'(R) SW CORNER 355.04'(M) 355.01'(R) SE1/4 SE1/4 EAST HICKMAN ROAD N DO. 31'39" E 157.9T SEC. 27-79-26 (ROW WIDTH VARIES) -� F---------589°56'19"W 1317.78'------------ FOUND SECTION CORNER MONUMENT A SET SECTION CORNER MONUMENT FOUND CUT (UNLESS NOTED) O SET 51V REROD WIPINK CAP022847(UNLESS NOTED) (M) MEASURED DIMENSION (R) RECORDED DIMENSION I.R. IRON ROD I.P. IRON PIPE — - — - SECTION LINE 'Is — RIGHT-0E-WAYLINE EXISTINOLOTLINE P/L — PROPERTYLINE ® PERMANENT TRANSMISSION EASEMENT J: :Ol JGDY A z�. 22e17 P, FFc1 NOTE: MONUMENTS SHOWN TO BE SET WILL BE ESTABLISHED AFTER CONSTRUCTION IS COMPLETED S 89° 43' 40" E 15,04' S 89° 43' 40" E 29.45' 504°20'30"W 75.76' �S�00°31'39'W 187,35' 4136' — S 45° 13' 30" W 2133' LI �589°56'19"W 105.51------- LLLLLL I R/M \ 1 END FND BRASS PLUG SE CORNER SEC. 27-79-21 a s FIELD SURVEY COMPLETED: JANUARY 2017 License Number. 22047 My license renewal tlam Is DECEMBER 31. 2018, Pages w sbeeh smsmetl by his seal'. DATE SURVEY FOR: CITY OF WAUKEE +Foth HIGHWAY 6 WA WAUKEE, IA 50263 TEL: (515) 987-0363 1 OF 1 Fot0 lnfresteaclMre a Enytronnirl LLC rtM. L°un,SulleL ohns Johns. J°M1nsbn.IP 30gJ131-2931 FOTH PROJECT NO. 16W021-01 DATE: 6/16/2017 Pn°„e5ls.zM.IR4z