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Home My WebLink About2012-06-18-Resolutions 12-145_Fox Creek-Alice's Rd Outfall Sewer - Easement - CarlsonTHE CITY OF WAUKEE,IOWA RESOLUTION 12-145 APPROVING SANITARY SEWER EASEMENT(S) (KENNETH D.CARLSON AND KAREN S.CARLSON) IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,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 Kenneth D. Carlson and Karen S.Carlson,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 18[h day of June,2012,that it hereby approves the Sanitary Sewer Easement(s)from Kenneth D. Carlson and Karen S.Carlson,property owners within the Fox Creek/Alice's Road Outfall Sewer Project,with payment made by the City to the property owner in the amount of $27,434.20. Attest: ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X X X X NAY ABSENT ABSTAIN \ 1111111 1111111111111111111111111111111111111111111111111111111111111111111111111111]11111111111 Book 2012 Page 21461 DD~ument 21481 Type EASE Pages 7 Dete 11/28/2012 Time 1:08 PMRaeAmt$37.00 MTG - peRF SJ BKRF- ODD _oleChadAirhart.RecorderDallasCountyIOWA 11111111111111111111111111111111111 CITY OF WAUKEE 230 HIGH\~AY 6 WAUKEE,IA 513263 Prepared By:Forrest S.Aldrich,Veenstra &Kimm,Inc"3000 Westown Parkway,West Des Moines,IA 50266 (5]5)225-8000 Return To:Veenstra &Kimm.Inc"3000 Westown Parkway West Des Moines.fA 50266 (515)225-8000 SANITARY SEWER EASEMENT(S) Easement No.1 KNOW TO ALL MEN BY THESE PRESENTS: 1.Grant of Easement(s). The undersigned,Kenneth D.Carlson and Karen S.Carlson.husband and wife.(hereinafter referred to as the "Grantor(s)"),in consideration of the sum of Twenty Six Thousand Four Hundred Eighty Dollars ($26.480.00)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 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 That part of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4)of Section 9, Township 78 North,Range 26 West of the 51b P.M.,Dallas County,Iowa,lying North ofInterstate 80.Said perpetual easement being a strip easement 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 Southwest comer of said Section 9; thence North 00°39'25"East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),a distance of 998.10 feet along the West line of said SW 1/4 SW 1/4;thence South 89°20'35"East,a distance of 869.89 feet to a point on the North line of an existing sanitary sewer easement,said point being the point of beginning;thence North 28°09'10"East,a distance of 14.49 feet; thence North 68°42'06"East,a distance of 375.00 feet;thence North 00°55'58" East,a distance of 308.23 feet to the North line of said SW 1/4 SW 1/4. Containing 21,000 square feet,more or less. Page lof6 Book 2012 Page 21461 1 of 7 Temporary Easement That part of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4)of Section 9, Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,lying North of Interstate 80.Said temporary easement being a strip easement 100.00 feet in width lying 70.00 feet on the South and East side and 30.00 feet on the North and West side of the following described line or line extended: Commencing as a point of reference at the Southwest corner of said Section 9;thence North 00°39'25"East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),a distance of 998.10 feet along the West line of said SW 1/4 SW 1/4;thence South 89°20'35"East,a distance of 869.89 feet to a point on the North line of an existing sanitary sewer easement,said point being the point of beginning;thence North 28°09'10"East,a distance of 14.49 feet;thence North 68°42'06"East,a distance of 375.00 feet;thence North 00°55'58"East,a distance of 308.23 feet to the North liue of said SW 1/4 SW 1/4. Containing 52,430 square feet,more or less,excluding perpetual easement. 2.Use and Purpose ofEasement(s). This Easement shall be granted for the purpose of locating sanitary sewer(s)(hereinafter referred to as "Sewer(s)")and to permit 811dallow 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)thereiu or to conuect and/or join Sewer(s)and appurtenances thereto)and to forever maintain Sewer(s)whenever neceSS31Y within the Easement(s)granted herein.No structure,building or new fence of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City.No private or public utility including sewer,water, telephone,cable,fiber optic line or other utility shall be extended iuto,across 01'under the Easement area without the express written consent of the City.The City hereby acknowledges that an existing fence is located crossing the north end of the Easement Area.The City further grants the Grantor(s)the right to maintain,modify,alter,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 811dterminate, Page 2 of6 Book 2012 Page 21461 2 of 7 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 Grantorts),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 umelated 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 Easement(s),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 Grantor(s)at the Grantor(s)'sole expense. The City agrees the topsoil disturbed during construction of the sanitary sewer shall be stockpiled and replaced after construction is completed.The City agrees to replace all fences with similar materials in or adjacent to the easement area upon completion of the construction of the sanitary sewer and to install one 16-foot wide gate in the fence line in the permanent easement area. 4.Right of Access. The City shall have the right of access to the Easement Area only from adjacent easement areas 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. The right of access to the temporary easement area terminates when the temporary easement ceases and terminates, 5.Documents The City shall provide the Grantor(s)one copy of all surveys,engineering drawings, specifications and construction documents that are prepared by the City or its engineers related to the initial construction of the sanitary sewer within the Easement area as requested by the Grantor(s)at no cost to the Grantor(s). Page 3 of6 Book 2012 Page 21461 3 of 7 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 01'demands for liability,loss,damage,costs,expenses,01'attorney's fees of any land for actions or omissions of the Orantor(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 Orantor(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.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 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 Orantor(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 singular 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 "Orantor(s)"shall refer to,_ Kenneth D.Carlson and Karen S.Carlson,their heirs,assigns,successors-in-interest,or lessees, if any, 11.A (torney's Fees. The City or the Grantor(s)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. Page 4 of6 Book 2012 Page 214614of7 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 21461 5 of 7 Dated this __-z.-..::..._'"2._IIJ---=..Y day of M.o ....\,2010<-. Grantor Kenneth D.Carlson STATE OF .:}l ~4.-) V )ss. COUNTY OF ret «.) On the c2 Jt£E day of /Vliet ,20 1'2..,before me,the undersigned,a Notary Public in and for the State of ~t.J J:I.,personally appeared j(e--,.•.,.,_eA-""Do ee-I~Pfl..and Kt:A-re....-.;;.Ca.-.,Ls~ to me known to be the identical person(s)named in and who executed the foregoing instrument, and acknowledged that (he)(she)(they)executed the instrument as (his)(her)(their)voluntary act and deed. n'~JANET M.TAYLO\'l,'fjljJ>k,f Commission Number 12t9211 ·',Hif-MyComm.Exp."iJ:i ~....J Notary Public in and for the State of kt->J a- My commission expires ?/2?,20 13 City of Waukee Brad Deets,Itterim City Administrator/Clerk Page 60f6 Book 2012 Page 21461 6 of 7 PREPAREDBY:VEENSTRA&KINN,INC.-3000 WESTONNPARKWAY-WESTDESNOINES,IOWA 50266-1320-(5151 225-8000 ACQUISITION PLAT FOR PERPETUAL SANITARY SEWER EASEMENT FOR THE CITY OF WAUKEE,IOWA OWNER: KENNETH D.CARLSON KAREN S,CARLSON BOOK 65B PAGE 743 PARCEL NO.: 500 16-09-300-015 00........... o 200 400OWNERADDRESS: 32567 HICKORY HOLLOW LANE WAUKEE,IA 50263 W 1/4 SEC 9-7B-26 FND:1/2"BAR GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM(SOUTH ZONE)""~I4,/1/ \~,~I,.,.'9 I I "!!o-<;0'<5'I I L_-----~-----;~/L'-HIW;:;d+--1 _---NOO'55'5B"E 30'-- ,----,.,.,~30B.23'70'--HfFh?:'orr--1 ur I EXISTING SANIT ARY-r--;~,,,,<0,-I SEWER EASEMENT \0.:\'0 N6B '42'06"E~~..,'''-0;375,00'rno I ,;}...tyv N2B'09'10"E f1 fri i--========::=.-/-..-'"14.49 .o _L oC\]z P.O.B. 30' ---SB9 '20 '35"E B69,B9'_--.---___------7 CNORTHNOD'39'25 "E RIGHT-OF-WAY 99B.10'INTERSTATE 80 I I I I--r I------------.>: P.O.C, SW CORNER SEC 9-7B-26 FND:BRASS DISC -Iher:e111c~rtJJy that ttt.1$-li.Hld survj;O.ylng document\'Iasl1r~pafl;ilafld tM r&]i}leo -survey .jfOrkffilSperToriiiErlllyIii;')'Qi'uneer Ill)'cirect.pH_r~onil.1 .supEfYis-itin-and that 1 ana .duly_!i.ccl\snQ.Lan!l:5urv.eyol'tmder-tile aese of ue auete IJf Iowa. Signed Date LEGEND Jt.FOUND SECTION CORNEAMONUMENT(AS NOTED) PERPETUAL SANITARYSEWEREASEMENTTOTALAREA-21,000 Sa.FT, TEMPORARY CONSTRUCTION EASEMENTTOTALAREA=52,430 SQ.FT.Brian L.'rentes.P.L.S. Iowa License No.!B370 My license renewal date 1s December 3.1, DWG.NO, REV 1 E --1 1 OF 1 ,,~1"-200' "~,,~ GtJi;l:KEO ~, JlPPIl[l~ED m. """'O~-26-1{1 1..1:. SANITARY SEWER EASEMENT PT.SW 1/4 SW 1/4SEC9-78-26 3000 W"em:I\-m PDlkwuy lM!st Des AfoIns,1owII50266-13Z0 5J5-2l5-SOOO 0 5fS-225-7fMB (FAX)•800-241-3000 (WAT.S)lIfENS1RA "KIMM,INC,PROJEl:T 2752ij <0~ N er»•CL N ~r-- ~~ ~t'-