HomeMy WebLinkAbout2016-05-02-J01zJJ Bluestem Lift Station 14 San Sewer_WCSD►,v►� 1//oukee
f ■, / THE KEY 70 GOOD LIVING
AGENDA ITEM;
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 2, 2016
AGENDA ITEM: Consideration of approval of a resolution approving and accepting Public
Sanitary Sewer Easement related to the Bluestem Lift Station No 14
Improvement Project (Waukee Community School District)
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The Public Sanitary Sewer Easement is needed for the
construction of the Bluestem Lift Station Improvements.
FISCAL IMPACT INCLUDING COSTIBENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Easement
PREPARED BY: Beth Richardson
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING PUBLIC SANITARY SEWER EASEMENT RELATED TO THE
BLUESTEM LIFT STATION NO. 14 IMPROVEMENT PROJECT
[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, it has been determined that a Public Sanitary Sewer Easement is necessary for the
purpose of construction of the Bluestein Lift Station 414 Improvement Project; AND,
WHEREAS, said easement shall be located on a portion of the property owned by the Waukee
Community School District and legally described as referenced in Exhibit A, Easement Area, of
the Public Sanitary Sewer Easement which is attached hereto.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
2nd day of May, 2016, that it hereby approves the Public Sanitary Sewer Easement related to the
Bluestem Lift Station No. 14 Improvement Project, with payment made by the City to property
owner(s) Waukee Community School District in the amount of $1.00.
Attest:
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
William F. Peard, Mayor
AYE NAY ABSENT ABSTAIN
PUBLIC SANITARY SEWER EASEMENT
Recorder's Cover Sheet
Preparer Information: (name, address and phone number)
Return Document To: (name and complete address)
City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 Highway 6
Waukee, Iowa 50263
Grantor: Waukee Community School District
560 SE University Avenue
Waukee, IA 50263
Grantee: City of Waukee, Iowa
SANITARY SEWER EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
Grant of Easement(s).
The undersigned, WAUKEE COMMUNITY SCHOOL DISTRICT, an Iowa
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 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 infrastructure related to
the sanitary sewer system including sanitary sewer, manholes, and other associated
appurtenances (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.
Maintenance.
After the initial construction of the Sewer(s), and acceptance by the City, the City
agrees, as part of the reconstruction, maintenance and patrolling of the Sewer(s), 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, 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.
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, ran 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.
-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
Waukee Community School District, an Iowa school district, their heirs, assigns,
successors -in -interest, or lessees, if any.
10. Attornev'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. Inte ration.
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. Parag_raph 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_
-4-
GRANTOR
Person and title
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
CITY OF WAUKEE
William F. Peard, Mayor
Attest:
Rebecca D.Schuett, City Clerk
On this day of , 2016, before me, the undersigned, a
Notary Public in and for said County and the State of Iowa, personally appeared
, to me personally known, who being by me duly sworn, did say
that that person is of said I as such
acknowledged the execution of said instrument to be
the voluntary act and deed of said by it and by him
voluntarily executed.
Notary Public in and for the State of Iowa
My Commission expires
5-
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this day of 20 1 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
My Commission Expires
EXHIBIT A - PERMANENT EASEMENT EXHIBIT
P.NEC
NE OR, LOT 1
S00"30'39'W 189900'-,-�� WAUKEE TIMBERLINE SCHOOL PLAT 1
ROB
I I
N89-29-21-W
N89"29'21"W
10.00,
30.00'
1
a
/
w
LOT 1 • WAUKEE TIMBERLINE SCHOOL PLAT 1
/ i
�
Z
WAUKEE COMMUNITY SCHOOL DISTRICT
2W5 BE LA GRANT PKWY WAUKEE
Q
>
I/I
J
S00"30139"W
/
ui
350.00'
N00"30'39"E
350.00'
EAST LINE, LOT 1
S69"29'21"E
30.00' ( EXISTING
10' P.U.E
LEGAL DESCRIPTION
A PROPOSED PERMANENT EASEMENT BEING LOCATED IN LOT 1 OF WAUKEE TIMBERLINE
SCHOOL PLAT 1, AN OFFICIAL PLAT, INCLUDED IN AND FORMING A PART OF THE CITY OF
WAUKEE, DALLAS COUNTY, IOWA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 ; THENCE ALONG THE EASTERLY LINE
OF SAID LOT 1 S00"30'39"W,1,899.00; THENCE N89"29'21"W,10.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING N89"29'21"W, 30.00 FEET; THENCE S00"30'39"W, 350.00 FEET;
THENCE S89"29'21"E, 30.00 FEET; THENCE N00"3939"E, 350.00 FEET TO THE POINT OF BEGINNING.
DESCRIBED AREA CONTAINS 10,500 SQUARE FEET AND IS SUBJECT TO OTHER EASEMENTS AND
RESTRICTIONS OF RECORD. DESCRIBED EASEMENT IS BEING ACQUIRED AS PART OF THE
BLUESTEM LIFT STATION #14 IMPROVEMENTS.
4t
NORTH
0 50 100
(IN FEET)
1 inch = 100 H.
LEGEND
— — — PROPERTY LINE
SECTION LINE
— ftOW LINE
/ EASEMENT
A AREA
PERMANENT
EASEMENT EXHIBIT
1]dO NW I]IN Nrw,
auhV v.u..+n... u.. V.reY6.MFm.
W
YGMT
M c C L U R E "'
w,w],
c6* 64-1221
M
C. (ANYM V o ���
w111M
aat,Uum ••
_
P. SHROWST
building strong-:mmmrtins
�'--�
EXH-04