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HomeMy WebLinkAbout2021-12-06-J01F_01 NW Douglas Pkwy, NW 10th to NW 2nd St_Public Utility Easement_Courtyards at ParksideAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 6, 2021 AGENDA ITEM:Consideration of approval of a resolution approving Public Utility Easement from Courtyards at Park Side, LLC [NW Douglas Parkway Improvements, NW 10th Street to NW 2nd Street] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Approval of the Public Utility Easement is necessary to complete the NW Douglas Parkway Improvements, NW 10th Street to NW 2nd Street. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $1.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Resolution I. Public Utility Easement PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1F1 THE CITY OF WAUKEE, IOWA RESOLUTION 2021- APPROVING PUBLIC UTILITY EASEMENT FOR THE NW DOUGLAS PARKWAY IMPROVEMENTS, NW 10TH STREET TO NW 2ND STREET [COURTYARDS AT PARK SIDE, LLC] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee is a duly organized municipality within Dallas County; AND, WHEREAS, it has been determined that a Public Utility Easement is necessary for the purpose of construction of the NW Douglas Parkway Improvements, NW 10th Street to NW 2nd Street Project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the Public Utility Easement for NW Douglas Parkway Improvements, NW 10th Street to NW 2nd Street is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 6th day of December, 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 1 PUBLIC UTILITY EASEMENT Recorder’s Cover Sheet Prepare Information (name, address and phone number) Rudy Koester City of Waukee, Iowa 805 University Avenue Waukee, Iowa 50263 515-978-7920 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Grantor: Courtyards at Park Side LLC Grantee: City of Waukee, Iowa 2 PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1.Grant of Easement(s). The undersigned, COURTYARDS AT PARK SIDE LLC, (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 and Exhibit 11-P, 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, authorized by franchise, permitted, established, formed, acquired, owned, or operated by the City of Waukee, including but not limited to, electrical, natural gas, telephone, cable television, water, sanitary sewer, storm sewer, utility services, data transmission utility services, and any other service permitted by the City and to permit and allow the City, and other utilities authorized or permitted by 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(s) therein or to connect and/or join said utility(s) 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. 3.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. 3 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. 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. 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 the City of Waukee, Iowa, 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. 4 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 ___ day of _____________ , 20__. COURTYARDS AT PARK SIDE LLC CITY OF WAUKEE ________________________________ _______________________________ NAME: NICK JENSEN Courtney Clarke, Mayor TITLE: MANAGER Attest: Rebecca D. Schuett, City Clerk 5 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 Nick Jensen, to me personally known, who being by me duly sworn, did say that the person is the Manager of Courtyards at Park Side LLC, an Iowa Limited Liability Company, and that the instrument was signed on behalf of said company by authority of its Manager; and that said person acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the company and 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 A PARCEL OF LAND LOCATED IN PARCEL 21-70 OF PLAT OF SURVEY, AN OFFICIAL PLAT, AS RECORDED IN BOOK 2021, PAGE 22847 OF THE DALLAS COUNTY RECORDER'S OFFICE, AND IN PARCEL 21-66 OF PLAT OF SURVEY, AN OFFICIAL PLAT, AS RECORDED IN BOOK 2021, PAGE 22785 OF THE DALLAS COUNTY RECORDER'S OFFICE, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 21, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, THENCE NORTH 89° 24' 21" WEST, 441.73 FEET ALONG THE SOUTH LINE OF SAID PARCEL 21-70 TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY A DISTANCE OF 123.18 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF 05° 28' 16", ALONG A 1290.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 65° 08' 29" EAST, 123.13 FEET; THENCE SOUTH 62° 24' 21" EAST, 93.24 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL 21-66; THENCE SOUTH 24° 22' 40" WEST, 15.02 FEET ALONG SAID SOUTHEASTERLY LINE TO THE NORTHERLY RIGHT-OF-WAY LINE OF NW DOUGLAS PARKWAY; THENCE NORTH 62° 24' 21" WEST, 94.08 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE NORTHWESTERLY A DISTANCE OF 161.34 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF 07° 15' 00", ALONG A 1275.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 66° 01' 51" WEST, 161.23 FEET CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE NORTHWESTERLY A DISTANCE OF 439.49 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE SOUTHERLY WITH A CENTRAL ANGLE OF 19° 45' 00", ALONG A 1275.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 79° 31' 51" WEST, 437.32 FEET CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE NORTH 89° 24' 21" WEST, 403.61 FEET CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO THE WEST LINE OF SAID PARCEL 21-70; THENCE NORTH 00° 12' 42" EAST, 15.00 FEET ALONG SAID WEST LINE; THENCE SOUTH 89° 24' 21" EAST, 403.71 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 444.66 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE SOUTHERLY WITH A CENTRAL ANGLE OF 19° 45'00", ALONG A 1290.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 79° 31' 51" EAST, 442.47 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 40.05 FEET ALONG THE ARC OF A TANGENT CURVE WITH A CENTRAL ANGLE OF 01° 46' 44", ALONG A 1290.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 68° 45' 59" EAST, 40.05 FEET TO THE POINT OF BEGINNING. DRAFT FOUND 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED) SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED) EXISTING LOT LINE I.R.IRON ROD I.P.IRON PIPE 1 OF 1 SHEET PERMANENT PUBLIC UTILITY EASEMENT 19W029-01 FIELD SURVEY COMPLETED: MARCH 2021 PHONE: (515) 987-4363 WAUKEE, IA 50263 230 HIGHWAY 6 CITY OF WAUKEE EXHIBIT 11-P BOOK 2021, PAGE 27378 ANKENY, IA 50023 1680 SW ANKENY ROAD, STE 1B COURTYARDS AT PARK SIDE LLC PARCEL 11 NW DOUGLAS PARKWAY, NW 10TH STREET TO NW 4TH STREET PERMANENT PUBLIC UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE PROPERTY OWNER: LEGAL DESCRIPTION: (M) (R) MEASURED DIMENSION RECORDED DIMENSION SECTION LINE RIGHT-OF-WAY LINE PROPERTY LINE LEGEND FOUND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO EASEMENTS AND RESTRICTIONS OF RECORD. ACRES MORE OR LESS, SUBJECT TO 0.38 SQUARE FEET OR 16,525SAID TRACT CONTAINS 40.05 FEET TO THE POINT OF BEGINNING. 46' 44", ALONG A 1290.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 68° 45' 59" EAST, DISTANCE OF 40.05 FEET ALONG THE ARC OF A TANGENT CURVE WITH A CENTRAL ANGLE OF 01° CHORD THAT BEARS SOUTH 79° 31' 51" EAST, 442.47 FEET; THENCE SOUTHEASTERLY A SOUTHERLY WITH A CENTRAL ANGLE OF 19° 45'00", ALONG A 1290.00 FOOT RADIUS WITH A SOUTHEASTERLY A DISTANCE OF 444.66 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE FEET ALONG SAID WEST LINE; THENCE SOUTH 89° 24' 21" EAST, 403.71 FEET; THENCE WAY LINE TO THE WEST LINE OF SAID PARCEL 21-70; THENCE NORTH 00° 12' 42" EAST, 15.00 THENCE NORTH 89° 24' 21" WEST, 403.61 FEET CONTINUING ALONG SAID NORTHERLY RIGHT-OF- NORTH 79° 31' 51" WEST, 437.32 FEET CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; CENTRAL ANGLE OF 19° 45' 00", ALONG A 1275.00 FOOT RADIUS WITH A CHORD THAT BEARS DISTANCE OF 439.49 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE SOUTHERLY WITH A FEET CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE NORTHWESTERLY A 00", ALONG A 1275.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 66° 01' 51" WEST, 161.23 THE ARC OF A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF 07° 15' NORTHERLY RIGHT-OF-WAY LINE; THENCE NORTHWESTERLY A DISTANCE OF 161.34 FEET ALONG WAY LINE OF NW DOUGLAS PARKWAY; THENCE NORTH 62° 24' 21" WEST, 94.08 FEET ALONG SAID 24° 22' 40" WEST, 15.02 FEET ALONG SAID SOUTHEASTERLY LINE TO THE NORTHERLY RIGHT-OF- 24' 21" EAST, 93.24 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL 21-66; THENCE SOUTH RADIUS WITH A CHORD THAT BEARS SOUTH 65° 08' 29" EAST, 123.13 FEET; THENCE SOUTH 62° CONCAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF 05° 28' 16", ALONG A 1290.00 FOOT SOUTHEASTERLY A DISTANCE OF 123.18 FEET ALONG THE ARC OF A NON-TANGENT CURVE ALONG THE SOUTH LINE OF SAID PARCEL 21-70 TO THE POINT OF BEGINNING; THENCE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, THENCE NORTH 89° 24' 21" WEST, 441.73 FEET COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 21, TOWNSHIP 79 NORTH, RANGE CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: OF THE DALLAS COUNTY RECORDER'S OFFICE, NOW INCLUDED IN AND FORMING A PART OF THE PARCEL 21-66 OF PLAT OF SURVEY, AN OFFICIAL PLAT, AS RECORDED IN BOOK 2021, PAGE 22785 RECORDED IN BOOK 2021, PAGE 22847 OF THE DALLAS COUNTY RECORDER'S OFFICE, AND IN A PARCEL OF LAND LOCATED IN PARCEL 21-70 OF PLAT OF SURVEY, AN OFFICIAL PLAT, AS PERMANENT EASEMENT DATE:11/5/2021 SURVEY FOR: FOTH PROJECT NO. Location: Requestor: Proprietor: Surveyor: Company: Surveyor Return To: Jody A. Budde Foth Infrastructure & Environment, LLC City of Waukee Index Legend Johnston, IA 50131 | (515) 254-1393 8191 Birchwood Court, Suite L Parcel 21-70 & Parcel 21-66 Courtyards at Park Side LLC JODY A. BUDDE, P.L.S. 22847License Number: My license renewal date is Pages or sheets covered by this seal: DATE under the laws of the State of Iowa. supervision and that I am a duly licensed Professional Land Surveyor related survey work was performed by me or under my direct personal I hereby certify that this land surveying document was prepared and the DECEMBER 31, 2022. S 89° 24' 21" E 403.71' C4 C5 C1S 62° 24' 21" E 93.24' 15.02' S 24° 22' 40" WC2N 62° 24' 21" W 94.08' C3 N 89° 24' 21" W 403.61' 15.00' N 00° 12' 42" E PARCEL 21-70 PARCEL 21-66 PLAT OF SURVEY SEC. 21-79-26 S1/4 CORNER FND 1" PIPE POC SEC. 21-79-26 SW CORNER FND CUT X OUTLOT "X" H IGH SCH OOL W AU KEE SECON D LOT 2 NW DOUGLAS PARKWAY 15' N 89° 24' 21" W 441.73' POB CURVE TABLE RADIUSLENGTHCURVE CHD. LENGTH CHD BEARING DELTA TAN 123.18'1290.00'123.13'S65°08'29"E 05°28'16"61.64' 161.34'1275.00'161.23'N66°01'51"W 07°15'00"80.78' C1 C2 439.49'1275.00'437.32'N79°31'51"W 19°45'00"221.95'C3 444.66'1290.00'442.47'S79°31'51"E 19°45'00"224.56'C4 40.05'1290.00'40.05'S68°45'59"E 01°46'44"20.03'C5 1 5 0' PLAT OF SU RVEY 12,990 EASEMENT AREA BREAKDOWN DESCRIPTION AREA (SQ FT)AREA (ACRES) POS PARCEL 21-70 POS PARCEL 21-66 0.30 16,525 0.38TOTAL 3,535 0.08 N 89° 24' 21" W 2636.46'(M & R) FEET 0 200