HomeMy WebLinkAbout2021-09-07-I03 Water Main Easement Vacation_Grewell, JohnsonAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 7, 2021
AGENDA ITEM:Consideration of approval of a resolution approving vacation of a water main
easement [Grewell, Johnson properties]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The proposed resolution was provided by the City Attorney.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
PREPARED BY: Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I3
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
A RESOLUTION VACATING A WATER MAIN EASEMENT
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, a “Limited Easement” was conveyed to the Xenia Rural Water District and recorded
in Book 768 Page 466 of the Dallas County Recorder’s office (hereinafter referred to as “Water
Main Easement”). Said easement was assigned and otherwise conveyed to the City of Waukee in
2005 by virtue of a written assignment of easement recorded in Book 2005 Page 19638; AND,
WHEREAS, the water main situated in the easement area has been abandoned in place and the
Water Main Easement described above no longer serves a public purpose and is of no benefit to the
public or the City; AND
WHEREAS, the City, at its cost, caused a notice of public hearing to be published as required by
Iowa law, and following public hearing deems and determines that the Water Main Easement
described above is of no benefit to the public; AND
WHEREAS, the current owners of the underlying fee title to the properties over which the
easement is situated should no longer have their properties encumbered or otherwise burdened by
the easement which no longer serves a public purpose.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council after public
hearing as required by Iowa Code Chapter 354.23, that the above-described water main easement is
of no benefit to the public or the City.
BE IT FURTHER RESOLVED by the City of Waukee City Council that the City does hereby
vacate the Water Main Easement described above and the Water Main Easement shall be
considered vacated, terminated and otherwise of no further effect by virtue of this resolution.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 7th day of
September, 2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair