HomeMy WebLinkAbout2023-10-09 D01B South Outfall Sewer_Easement_City of WaukeeAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 9, 2023
AGENDA ITEM:Consideration of approval of a resolution approving Sanitary Sewer Right-of-
Way Easement between City of Waukee and the City of Waukee
[South Outfall Sewer Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of the Easement is necessary to complete the
transfer of the South Outfall Sewer Project to the Des Moines Wastewater
Reclamation Authority per the 28E Agreement approved by both parties.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
Permanent Sanitary Sewer Easement (PE 32) $ 1.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Purchase Agreement and Easements
II. Resolution
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
D1B
THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY (PE
32) BETWEEN CITY OF WAUKEE AND THE CITY OF WAUKEE [SOUTH OUTFALL
SEWER PROJECT]
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, the City has an approved 28E Agreement with the Des Moines Wastewater Reclamation
Authority (WRA) of which the approved Agreement has requirements the City must perform to transfer
the South Outfall Sewer Project to the WRA; AND
WHEREAS, the easements are necessary for the City to complete the transfer of the South Outfall Sewer
to the WRA and City staff believes are in the best interest of the City to approve; AND
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the
Permanent Easements for Sanitary Sewer Right-of-Way (PE 32) between the City of Waukee and the City
of Waukee [South Outfall Sewer Project] are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to
effectuate the closing on behalf of the City, and that the City Clerk shall cause the originals of the
Easements to be recorded upon the properties by submitting the original to the Dallas County Recorder
with the appropriate recording fees.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 9th day of October
2023.
____________________________
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
Prepared by: Patrick Burk, 6701 Westown Parkway, Ste. 100, West Des Moines, IA 50266 , 515-274-1450
Return to: City of Waukee, 805 University Avenue, Waukee, Iowa 50263
Project: South Outfall Sewer
PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY
The City of Waukee, (hereinafter referred to as the "Grantor"), in consideration of One Dollar
($1.00) to be paid by the City of Waukee, Iowa does/do hereby convey unto the City of Waukee,
Iowa (hereinafter “Grantee” or “City”), a Permanent Easement for Sanitary Sewer Right-of-Way
under, over, through and across the following described property:
PE 32:
A perpetual sanitary sewer easement located in Lot A in Glynn Village Plat 10, an
Official Plat, now included in and forming a part of the City of Waukee, Dallas
County, Iowa. Said perpetual easement being more particularly described as
follows:
Commencing at the Southeast corner of Government Lot 11 in Section 5,
Township 78 North, Range 26 West of the 5th P. M., Dallas County, Iowa; thence
South 83°20’06” West along the South line of said Lot 1 and along the South line
of said Government Lot 11, 803.48 feet to the point of beginning; thence
continuing South 83°20’06” West along said South lines, 31.40 feet; thence North
10°30’41” East, 103.33 feet to the North line of said Lot A, said point also being
on the North right-of-way line of 312th Place; thence North 88°04’51” East along
said North right-of-way line, 30.72 feet; thence South 10°30’41” West, 100.67 feet
to the point of beginning.
Containing 3,060 square feet, more or less.
Which property is also described and depicted on the plat attached hereto as Exhibit “A”
(hereinafter referred to as the “Easement Area”) for all activities related to the purpose of Grantee
constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with
the necessary appurtenances thereto, under, over and through said Easement Area.
This Easement shall be subject to the following terms and conditions:
1. ERECTION OF STRUCTURES AND PLACEMENT OF EQUIPMENT OR
PLANTINGS IN EASEMENT AREA IN PUBLIC PARKS; DUTY TO RESTORE.
(a) Grantor reserves the right to construct or authorize the construction of structures, and to
place or authorize the placement of equipment and plantings, within Easement Area in
public parks, as it shall deem necessary or appropriate, including but not limited to
park roads and driveways; bridges; parking lots; utility service lines; sanitary and
storm sewers and appurtenances; water mains and appurtenances; recreational and
playground equipment; ice rinks; fountains; public art; and plantings including,
shrubs, flowers and sod;
but not including
park shelters, public toilets or park maintenance buildings.
At least fourteen (14) business days prior to final plan approval by Grantor of such
structures, equipment and plantings. Grantor shall provide the City with written notice
thereof and an opportunity to review such plans and provide input regarding the proposed
locations of such structures, equipment and plantings. Such structures, equipment and
plantings shall be constructed as not to disturb, damage or destroy Grantee's sanitary sewer
facilities, and shall be so placed as not to physically interfere with or prevent the day-to-
day operation and maintenance of the sanitary sewer facilities located within the Easement
Area.
(b) In the event Grantee is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its sanitary sewer facilities, Grantee shall be responsible for
restoring, at its sole cost and expense, or for paying Grantor's cost to restore, the
Easement Area, including
park roads and driveways; bridges; parking lots; utility service lines; sanitary
and storm sewers and appurtenances; water mains and appurtenances,
recreational and playground equipment, ice rinks, fountains, and public art, and
including plantings, trees, shrubs, flowers and sod, which are disturbed,
damaged or destroyed by such activities.
(c) In the event Grantor is required to access the Easement Area for purposes of repairing,
reconstructing or replacing its structures, improvements, equipment or plantings
identified above, Grantor shall be responsible for restoring or repairing, at its sole cost
and expense, Grantee's sanitary sewer facilities which are disturbed, damaged or
destroyed by such activities.
2. ERECTION OF STRUCTURES OR IMPROVEMENTS IN EASEMENT AREA.
Unless specifically identified herein and erected, placed or constructed in accordance with
the terms of this Easement, Grantor shall not erect or authorize the erection of construction
of any structure or other improvement, and shall not place or authorize the placement of
equipment or trees, over or within Easement Area without the prior written approval of the
City.
3. RIGHT OF ACCESS. The Grantee, its agents, contractors, employees and assigns 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. This Easement
allows the Grantee, its agents, contractors, employees and assigns the right to enter in, upon
and on to the Easement Area at any time to perform any and all activities related to or
necessary for the construction, reconstruction, repair, enlargement or maintenance of the
sanitary sewer, including but not limited to the following activities: (1) grading and
excavation; (2) hauling, transporting and storage of materials and equipment; (3) removal
of any unauthorized plantings or structures placed or erected within the Easement Area;
(4) trimming and/or removal of trees, shrubs, and landscaping within or encroaching upon
the Easement Area; and (5) utility work including but not limited to relocation, placement
and removal of various utility facilities such as electric poles and wires, water lines, sewer
lines and natural gas facilities that are within or encroaching upon the Easement Area. This
right of access shall begin on the date that Grantor executes this document.
4. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land
and shall be binding on Grantor and on Grantor's successors and assigns and on Grantee’s
successors and assigns. Grantee intends to quit claim all its interest in the property interests
and sewer to the City upon completion of the project and acceptance of the Waukee
Northeast Outfall Sewer by the City.
5. RESERVATION OF RIGHTS. The City does hereby reserve to itself, and this Easement
is granted subject to, the right to regulate the use and occupancy of City street rights-of-
way constructed upon, adjacent to or across the Easement Area.
6. APPROVAL BY CITY COUNCIL. This Easement shall not be binding until it has
received final approval and acceptance by the Waukee City Council by Resolution, which
approval and acceptance shall be noted on this Easement.
7. SPECIAL PROVISIONS. None.
Grantor does hereby covenant with the City that Grantor holds said real estate described in this
Easement by Title in Fee Simple; that Grantor has good and lawful authority to convey the same;
and said Grantor covenants to warrant and defend the said premises against the lawful 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, GRANTOR
By:
Courtney Clarke, Mayor
Attest:
Becky Schuett, City Clerk
State of Iowa )
) ss
County of Polk )
On this ______ day of ________________________, 20_______before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Becky Schuett
to me personally known, and, 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 seal affixed to the foregoing instrument
is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of
the corporation, by the authority of its City Council, under Resolution No. of the City Council
on the ________________day of __________________________, 20______and that
and __________________________acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed.
_____________________________________________
Notary Public in and for the State of Iowa
APPROVAL AND ACCEPTANCE BY GRANTEE:
CITY OF WAUKEE, GRANTOR
By:
Courtney Clarke, Mayor
Attest:
Becky Schuett, City Clerk
State of Iowa )
) ss
County of Polk )
On this ______ day of ________________________, 20_______before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Becky Schuett
to me personally known, and, 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 seal affixed to the foregoing instrument
is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of
the corporation, by the authority of its City Council, under Resolution No. of the City Council
on the ________________day of __________________________, 20______and that
and __________________________acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed.
_____________________________________________
Notary Public in and for the State of Iowa