HomeMy WebLinkAbout2021-12-06-J01F_03 NW Douglas Pkwy, NW 10th to NW 2nd St_Public Utility Easement_City of WaukeeAGENDA 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 City of Waukee [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 Project.
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:
J1F3
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING PUBLIC UTILITY EASEMENT
[CITY OF WAUKEE, IOWA]
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 from the City of Waukee 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
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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: City of Waukee, Iowa
Grantee: City of Waukee, Iowa
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PUBLIC UTILITY EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1.Grant of Easement(s).
The undersigned, CITY OF WAUKEE, IOWA, an Iowa municipal 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 “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 13-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.
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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.
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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____.
CITY OF WAUKEE CITY OF WAUKEE
________________________________ _______________________________
Courtney Clarke, Mayor Courtney Clarke, Mayor
Attest: Attest:
________________________________ _______________________________
Rebecca D. Schuett Rebecca D. Schuett
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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
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EXHIBIT A
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN OUTLOT "X" OF WAUKEE SECOND HIGH
SCHOOL, AN OFFICIAL PLAT, AS RECORDED IN BOOK 2018, PAGE 20911 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 28, TOWNSHIP 79
NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, THENCE SOUTH 00°
17' 51" WEST, 219.06 FEET ALONG THE EAST LINE OF SAID OUTLOT "X" TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 00° 17' 51" WEST, 16.88 FEET
ALONG SAID EAST LINE TO THE NORTH RIGHT-OF-WAY LINE OF NW DOUGLAS
PARKWAY; THENCE NORTH 62° 24' 21" WEST, 284.72 FEET ALONG SAID NORTH
RIGHT-OF-WAY LINE; THENCE NORTH 24° 22' 40" EAST, 15.02 FEET; THENCE
SOUTH 62° 24' 21" EAST, 277.82 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 4,219 SQUARE FEET OR 0.10 ACRES MORE OR LESS,
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
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 13-P
WAUKEE, IA 50263
230 W HICKMAN ROAD
CITY OF WAUKEE
PARCEL 13
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
SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NAD83(2011) IA
RESTRICTIONS OF RECORD.
ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND 0.10 SQUARE FEET OR 4,219SAID TRACT CONTAINS
FEET; THENCE SOUTH 62° 24' 21" EAST, 277.82 FEET TO THE POINT OF BEGINNING.
24' 21" WEST, 284.72 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE; THENCE NORTH 24° 22' 40" EAST, 15.02
ALONG SAID EAST LINE TO THE NORTH RIGHT-OF-WAY LINE OF NW DOUGLAS PARKWAY; THENCE NORTH 62°
SAID OUTLOT "X" TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00° 17' 51" WEST, 16.88 FEET
THE FIFTH PRINCIPAL MERIDIAN, THENCE SOUTH 00° 17' 51" WEST, 219.06 FEET ALONG THE EAST LINE OF
COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF
FOLLOWS:
FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS
RECORDED IN BOOK 2018, PAGE 20911 OF THE DALLAS COUNTY RECORDER'S OFFICE, NOW INCLUDED IN AND
A PARCEL OF LAND LOCATED IN OUTLOT "X" OF WAUKEE SECOND HIGH SCHOOL, 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
Outlot "X", Waukee Second High School
City of Waukee
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.
15.02'
N 24° 22' 40" E
PARCEL 21-70
PARCEL 21-66
PLAT OF SURVEY
SEC. 28-79-26
N1/4 CORNER
FND 1" PIPE
POC
SEC. 28-79-26
NW CORNER
FND CUT X
OUTLOT "X"
H IGH SCH OOL
W AU K EE SECOND
LOT 2 NW DOUGLAS PARKWAY15'
484.28'(M & R)
POB150'
PLAT OF SU RVEY
16.88'
S 00° 17' 51" W
N 89° 24' 21" W 2636.46'(M & R)277.82'S 62° 24' 21" E284.72'N 62° 24' 21" W219.06'S 00° 17' 51" WSAH U ACRES
FEET
0 200