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HomeMy WebLinkAbout2021-04-05-Resolution 2021-120_Water Service Enhancement Agreement and Assignment of Easement, Fifth AmendmentTHE CITY OF WAUKEE, IOWA RESOLUTION 2021-120 APPROVING FIFTH AMENDMENT TO WATER SERVICE ENHANCEMENT AGREEMENT AND ASSIGNMENT OF EASEMENT BETWEEN THE BOARD OF WATER WORKS TRUSTEES OF THE CITY OF DES MOINES, IOWA AND THE CITY OF WAUKEE, IOWA IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duty organized Municipal Organization; AND, WHEREAS, Des Moines Water Works (DMWW) owns and operates a facility known as the Louise P. Moon Pumping Station (LPMPS) constructed pursuant to a Water Service Enhancement Agreement dated May 26, 1992, which the City of Waukee joined by addendum dated August 24, 1992; AND, WHEREAS, DMWW and Waukee have previously constructed a separate facility known as the Waukee Booster Station that functions as an extension of the LPMPS and has been operated and maintained by DMWW for the benefit of the City of Waukee. The Waukee Booster Station was installed and constructed within a permanent easement are granted to DMWW by Waukee Community School District; AND, WHEREAS, DMWW and the City of Waukee desire to clarify their respective roles with respect to the Waukee Booster Station and confirm that it is owned by the City of Waukee; AND, WHEREAS, The City of Des Moines, for the use and benefit of the Board of Water Works Trustees of the City of Des Moines and the Waukee Community School District entered into that certain Permanent Easement dated August 4, 1995, and recorded with the Dallas County recorder December 17, 1996 in Book 826, Page 1048 for premises in Dallas County, Iowa; AND, WHEREAS, The City of Des Moines, for the use and benefit of the Board of Water Works Trustees of the City of Des Moines and the City of Waukee hereby wish to acknowledge that it was the intent of the parties at time of the Easement that any and all improvements, buildings, fixtures, equipment, piping, supply lines, discharge lines and other appurtenances constructed, installed or otherwise located therein or thereon (Booster Station Property) were for the sole benefit of the City of Waukee, and the parties hereby wish to further acknowledge and clarify that the City of Waukee has at all times been the legal owner of such Booster Station Property. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Fifth Amendment to Water Service Enhancement Agreement and Assignment of Easement between the City of Des Moines, for the use and benefit of the Board of Water Works Trustees of the City of Des Moines, Iowa and the City of Waukee, Iowa are hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 5th day of April, 2021. Attest: Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE Anna Bergman X R. Charles Bottenberg Chris Crone X Larry R. Lyon X Ben Sinclair X Courtney Clarke, Mayor NAY ABSENT X ABSTAIN