HomeMy WebLinkAbout2012-04-02-Resolutions 12-76_Fox Creek-Alice's Rd Outfall Sewer - EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 12-76
APPROVING SANITARY SEWER EASEMENT(S)(OAKLEAF PROPERTIES,LC)
INTHENAMEANDBYTHEAUTHORITYOFTHECITYOFWAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,it has been determined that a both perpetual and temporary sanitary sewer
easements are necessary for the purpose of construction of the Fox Creek!Alice's Road Outfall
Sewer Project;AND,
WHEREAS,said easements shall be located on a portion of the property owned by Oakleaf
Properties,LC,legally described as noted in the Sanitary Sewer Easement(s),attached hereto as
Exhibit A.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
2nd day of April,2012,that it hereby approves the Sanitary Sewer Easement(s)from Oakleaf
Properties,LC,property owner within the Fox Creek!Alice's Road Outfall Sewer Proj ect,with
payment made by the City to the property owner in the amount of $93,520.00.
Attest:
ooistra,City Administrator/Clerk
"ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Shelly Hughes
Mike Watts
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X
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Book 2012 Page 5673
Document 5673 Type EASE Pages eD~te 4/12/212112 Time 12~3BPM
Rae Amt $42.ra0
Ched Airhart,Reeo~der
Dallas County IOWA
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RETURN TO:
Becky Schuett,Deputy City Clerk
"I!C<City of Waukee'/'('.J 230W.HlckmanRd.
{}Waukee,IA 50263
(515)987-4522
Prepared By:Forrest S.Aldrich,Veenstra &Kimm,Inc.,3000 Weslown Parkway,West Des Moines,lA 50266 (515)225-8000
R::sQimToo vmaW?8'lQe@.lac.9€1€18WMtoml P@kHS?VhstfJes lQfoines tAL J026t'i i~15'i225 8QOo
SANITARY SEWER EASEMENTfS)
Easement No.3
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant of Easementts).
The undersigned,Oakleaf Properties,L.C.,(hereinafter referred to as the "Grantor(s)"),in
consideration of the sum of Ninety-three Thousand Five Hundred Twentv Dollars
($93,520)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
easement (hereinafter referred to as "Sanitary Sewer Easement"or "Easement(s)")and right-of-
way upon,over,under,through and across the real property legally described as:
LEGAL DESCRIPTION
Perpetual Easement
A part of the Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4)and part of the
Southeast Quarter of the Northwest Quarter (SE 1/4 NW 1/4)and part of the Southwest Quarter
of the Northeast Quarter (SW 1/4 NE 1/4),all in Section 9,Township 78 North,Range 26 West
of the 5th P.M.,Dallas County,Iowa.Said perpetual easement being a strip casement 30.00 feet
in width lying 15.00 feet on each side of the following described line or line extended:
Commencing as a point of reference at the West 1/4 comer of said Section 9;
thence South 00°39'25"West (all bearings referenced to Grid North Iowa State
Plane Coordinate System South Zone),a distance of 892.50 feet along the West
line of NW 1/4 SW 1/4 of said Section 9;thence South 89°20'35"East,a
distance ofl,308.61 feet to a point on the Westline of said NE 1/4 SW 114,said
point being the point of beginning;thence North 36°09'50"East,a distance of
262.58 feet;thence North 69°25'13"East,a distance of 435.00 feet;thence
North 34°26'08"West,a distance of 165.00 feet;thence North 05°00'03"East,
a distance of 210.00 feet;thence North 46°19'55"East,a distance of 170.00
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Book 2012 Page 5673
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feet;thence North 36°39'43"East,a distance of 252.00 feet;thence North
31°32'07"East,a distance of 392.00 feet;thence South 89°27'15"East,a
distance of 360.00 feet;thence North 77°24'35"East,a distance of 125.87 feet
to the West line of an Acquisition Plat Exhibit "A"recorded in Annexation
Book 14 Page 268 in said Dallas County Recorder's Office.
Containing 71,170 square feet,more or less.
Temporary Easement
A part of the Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4)and part of the
Southeast Quarter of the Northwest Quarter (SE 1/4 NW 1/4)and part of the Southwest Quarter
of the Northeast Quarter (SW 1/4 NE 1/4),all in Section 9,Township 78 North,Range 26 West
of the 5th P.M.,Dallas County,Iowa.Said temporary easement being more particularly
described as follows:
Commencing as a point of reference at the West 1/4 corner of said Section 9;thence
South 00°39'25"West (all bearings referenced to Grid North Iowa State Plane Coordinate
System South Zone),a distance of 1,013.20 feet along the West line ofNW 1/4 SW 1/4
of said Section 9;thence South 89°20'35"East,a distance of 1,308.49 feet to a point on
the West line of said NE 1/4 SW 1/4,said point being the point of beginning;thence
North 00°42'54"East,a distance of293.l2 feet;thence North 36°09'50"East,a distance
of 60.81 feet;thence North 69°25'13"East,a distance of 487.58 feet;thence North
34°26'08"West,a distance of 117.97 feet;thence North 05°00'03"East,a distance of
239.42 feet;thence North 46°19'55"East,a distance of 181.70 feet;thence North
36°39'43"East,a distance of 246.80 feet;thence North 31°27'35"East,a distance of
424.20 feet;thence South 89°27'15"East,a distance of 371.53 feet;thence North
77024'35"East,a distance of 142.47 feet to the West line of an Acquisition Plat Exhibit
"A"recorded in Annexation Book 14 Page 268 in said Dallas County Recorder's Office;
thence South 11°29'56"West,a distance of 164.31 feet along said West line;thence
South 77°24'35"West,a distance of92.68 feet;thence North 89°27'15"West,a distance
of 315.44 feet;thence South 31°27'35"West,a distance of 339.56 feet;thence South
36039'43"West,a distance of 265.00 feet;thence South 46°19'55"West,a distance of
140.74 feet;thence South 05°00'03"West,a distance of 136.44 feet;thence South
34°26'08"East,a distance of 256.82 feet;thence South 69°25'13"West,a distance of
587.50 feet;thence South 36°09'50"West,a distance of 285.29 feet to the point of
beginning.
Containing 272,440 square feet,more or less,excluding perpetual easement.
Page 2 of6 Book 2012 Page 5673
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2.Use and Purpose of Easement(s).
This Easement shall be granted for the purpose oflocating sanitary sewer(s)(hereinafter
referred to as "Sewer(s)")and to permit and allow 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 additional Sewer(s)therein or to connect and/or join
Sewer(s)and appurtenances thereto)and to forever maintain Sewer(s)whenever necessary
within the Easement(s)granted herein.No structure,building or new fence of any kind
whatsoever shall be erected or the ground surface grades changed upon property that is the
subject of this Easement without the express written consent of the City.The City hereby
acknowledges that an existing fence is located crossing the west end of the Easement Area.The
City further grants the Grantor(s)the right to maintain,repair,or replace said existing fence
across the Easement Area.
The temporary easement shall be for a period of 12 months from the date of the
beginning of construction in the easement area at which time it will cease and terminate.
3.Maintenance.
After the initial construction of the Sewer(s),and acceptance by the City,the City agrees,
as part of the reconstruction,maintenance and patrolling of the Sewer(s),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),except the City shall not be required to replace landscaping,
trees,shrubs,bushes,landscape elements or structures 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 that are unrelated to the
construction of the sanitary sewer.The City shall restore the Easement area caused by settlement
or depressions that are directly related to the construction of the sanitary sewer.
The Grantor(s)further agree the City shall not be responsible whatsoever for any
maintenance or upkeep of the land located within the Easement Area.Said responsibility to keep
and maintain the Easement in good repair,maintenance and condition shall rest solely with the
Grantor(s)at the Grantor(s)'expense.If the City deems it necessary to protect and preserve the
Easementfs),the City may perform maintenance of the Easement Area after 30 days notice to the
owner of the property over which the easement is situated,and be reimbursed by the Grantors at
the Grantors'sole expense.
4.Right of Access.
The City shall have the right of access to the Easement Area and have all rights of ingress
and egress within the Easement Area 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.
Page 3 of6
Book 2012 Page 5673
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5.Crop Damages.
If construction of the sanitary sewer causes the removal of a portion of the row crops
within the easement area or outside the easement area by the City before they can be harvested,
the City agrees to compensate the Grantor(s)an additional $1,400 per acre of row crop removed
for that portion of row crop removal by the City for crop damage.No additional compensation
for crop damage will be paid by the City if the sanitary sewer is constructed prior to the planting
of the row crops or after the harvest ofthe row crops.
6.Hold Harmless.
The Grantor(s)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(s)arising out of or in connection with any undertaking
arising out of or otherwise related to this Easement.
The City agrees to indemnify and hold harmless the Grantor(s)from and against any and
all claims or demands of third parties for liability,loss,damage,costs,expenses or attorney's
fees of any kind for acts or omissions of the City,its employees,agents or contractors arising out
of or otherwise related to the City's activities under this easement.
7.Runoing 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 and are binding upon and inure to the heirs,
assigns,successors,tenants and personal representatives of the parties hereto.
8.Jurisdiction and Venue.
The City and the Grantor(s)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.
9.Words and Phrases.
Words and phrases shall be construed as in the singnlar or plural number,and as
masculine,feminine or neuter gender,according to context.
10.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(s)"shall refer to
Oakleaf Properties,L.C.,their heirs,assigns,successors-in-interest,or lessees,if any.
Page 4 of6
Book 2012 Page 5673
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11.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.
12.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.
13.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 Grantor holds said real estate described
in this Easement Area 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 Easement
Area 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.
Page 5 of6
Book 2012 Page 5673
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I ';J.,,20 __,
Oakleaf Properties,L.C.
,.'\.j¥L.Kooistra,City Administrator--STATE OF 40w A-
COUNTY OF Po I--K"
)
)ss.
)
On the ~day of jY\of'ch ,20\2-,before me,the undersigned,a Notary
Public in and for the State of -a::-o IN "-,personally appeared
\'bICC'--c\\&j \-.'6lJ\...r\-and"""'\O-V\'\"'-,["'r,.b vvr-\-~,w=
known,who,being by me duly sworn,did say that they are the-
and VVl em Ipgx-;~,
respectively,of the corporation executing the foregoing instrument;that (no seal has been
procured by)(thtl seal aff~is-ihe sea'!0-:11 the corporation;that said instrument was
signed.~d seal-err)on behalf of the corporation by authority of this Board of Directors;that.~6,0-1\\?tj L,6\,\..,"1 o,,"(\:\o..r'.\C<..V1),~\..ll'""+,
aclmowledged the execution of the instrument to be the voluntary act and deed of the
O~\.eft.,£V..-oj?Q.r+1.es.,L c....corporation,by it and by them voluntarily executed.
1
Notary Pu ic in an for the State of:t:OvSo-
My commlssion expires~u.s.+).'-\,20\3
Page 6 of6 Book 2012 Page 5673
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PREPARED BY:VEENSTRA C KHU.l,INC.-3000 HESTOilN PARKHAY -HEST IlES ~IDINES,IOWA 50266-1320 -(515)225-Booa
OWNER:
OAKLEAFPROPERTIES,L.C.
BOOK2000 PAGE
PARCELNO.:
500 16-09-300-005 00
500 16-09-100-013 00
500 16~09~200~003 00
[
NW CORNER
9-78-26
FND'1 ROD
~.I ••
~~I ~et'I~~II,""~cb I°((I ~,goj 0)I N31°32'07"E
(J")I it I 392 00'
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ACQUISITION PLAT
FOR PERPETUAL SANITARY SEWER EASEMENT
13304 FOR THE CITY OF WAUKEE,IOWA~-o 300 600
GRID NORTHIOWASTATEPLANECOORDINATESYSTEM(SOUTH ZONE)
N77°24'35"E
125.87'
S89°27'15"E
360.00'
N36'39'43"E
252.00'
I her~by c~rtlfy that this lend surveying cncuaent
vas prepar-ed and the related survey Hor~Hasper-tor-sed by m~Dr uorer-Illy dir-ect personal
supervision and that I am a duly licensed Land
Surveyor under the lews of tho State of 1011<1.
SIgned nate
'l2.~~~3!z-r,!O.
ar-ran L.ventee.P.L.S.IOHa License No.18370Mylicensepenewaldate is Oecelilbep 31.2012
LEGEND
..FaUNa SECTION CORNER
MONUMENT (AS NOTED}
I~R%l ~~~~~T~~§E~~~fT ARY
TOTAL AREA =71,170 SILFT.
SCALE l-M3~~'"'VII<:DRAWN ,~
""~.ppnOVEO '"PATE 0 ......0-10 VEENSTRA &KlMM,INC.A.C.
SANITARY SEWER EASEMENT INPARTOFSEC9-78~26
s-3-"'RE>lO'lEll TEMPoRARY aSEMEIlT SEGMEtlT ~
3000We<town Paikway Wert Des M"ln.,.,/00"".50.265-/320 1 OF 2
Sr5-225-liOOO °515-225-7B48/FA)Q.8GQ..24I..fiOOO/WA15)I'IlOJEGT 2752H
OWG.NO,
REV 1
E-3
L11 511 '29'56"\i
164.31 '
L12 577 "24'35"W
92.68'
U3 N89 "27 '15"W
315.44 .
L14 531 "27'35"W
339.56 '
U5536"39'43"W
265.00 '
Li6 546 "19'55"W
140.74'
U7505"OO'03"W
136.44 '
U8 534 '26'08"E
256.82 '
U9 569 '25 '13"W
587.50 .
L20 536 '09'50"W
285.29 .
PREPARED BY:VEENSTRA 1:KIMM,INC.-3000 \'lESTOilN PARKWAY -\'lEST DES fmINES,IOWA 50266-l320 -(515)225-8000
OWNER;
OAKLEAFPROPERTIES,L.C.FOR PERPETUAL SANITARY SEWER EASEMENT
BOOK 2000 PAGE 13304 FOR THE CITY OF ~IAUKEE,IOWA
PARCEL NO,:
500 16-09-300-005 00
SOO 16-09-100-013 00
SOO 16-09-200-003 00
~NW CORNER(i '-9-78-26
~.FND:1"ROD
a:~~I 'V'-;ii :q..;,1 ::;.
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ACQUISITION PLAT
LINE TABLE
L1 NOO"42'S4"E
293.12'
L2 N36"09'50"E
60,B1'
L3 N69 "25'n"E
487.58'
L4 N34"26'08"W
117.97'
L5 N05 "00'03"E
239.42'
L6 N46"19'SS"E
181.70'
L7 N36 "39'43"E
246.80'
LB N31 "27'3S"E
424.20'
L9 S89 "27'15"E
371.S3'
L10N77"24'35'E
142.47'
--.--600o300
---
/
/I
~iD~•rn•u,~
:lim
-tjo
,ilm
FOUND SECTION CORNEA
MONUMENT (AS NOTED)
TEMPORARY CONSTRUCTION EASEMENT
SEGMENT 1 AREA =272,440 SIL FT.
SCALE 1'·300'"VIle:DWG.NO.
ORANll ,~CONSTRUCTION EASEMENT IN REV 1[HEI>(EO ~,PART OF SEC 9-78-26 E-3""""OVED '"O~lE 04·26--10 VEENSTRA &KIMM,INC.3000 Wert",.,.,Parkway West Des Maines,.Iowa 50166·r320 2 OF 2
e.c.Sl5-22.$-l1QQO Sf5-125-784IJ (FAX)800-141-8000 (WilTS)P/lIlJECl 215211
REV I 05-1 -10,REHOVE"1D!E'0Rlf<Y FlS ENT SESllEIlT 2