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