HomeMy WebLinkAbout2012-06-18-Resolutions 12-143_Fox Creek-Alice's Rd Outfall Sewer - Easement - McMurrayTHE CITY OF WAUKEE,IOWA
RESOLUTION 12-143
APPROVING SANITARY SEWER EASEMENT(S)
(MICHAEL P.MCMURRAY AND BOBBYE J.MCMURRAy)
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,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 Michael P.
McMunay and Bobbye J.McMurray,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
18th day of June,2012,that it hereby approves the Sanitary Sewer Easement(s)from Michael P.
McMunay and Bobbye J.Mclvlurray,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:
Bradly M.J3Ieets,interim City Administrator
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Shelly Hughes
Mike Watts
AYE
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NAY ABSENT ABSTAIN
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Book 2012 Page 21462
Document 21462 Type EASE Pages eDate11/28/2812 Time 1:08 PM
Ree Ami $42.00
Chad Airhart,Recorder
Dallas County IOWA
MTG-
PCRFeY
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ODD -ole _
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C lTY OF WAUKEE
230 HIGHWAY 6
WAUKEE,IA 50263
Prepared By:Forrest S.Aldrich,Veenstra &Kimm,Inc.,3000 Westown Parkway,West Des Moines,IA 50266 (515)225-8000
Return To:Veenstra &Kimm InD..3000 Westown Parkway,West Des Moines.IA 50266 (515)225-8000
SANITARY SEWER EASEMENT(S)
Easement No.2
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant ofEasement(s).
The undersigned,Michael P.McMurray and Bobbye J.McMunay,husband and wife,
(hereinafterreferred to as the "Grantor(s)"),in consideration of the sum of .Twenty Seven
Thousand Four Hundred Thirty-Four and 20/100 Dollars ($27,434.20)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 East 440 feet of the Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4)of
Section 9,Township 78 North,Range 26 West of the 5'h P.M.,Dallas County,Iowa,Said perpetual
easement lying East following described line or line extended:
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 1,172.59 feet along the West
line of said NW 1/4 SW 1/4;thence South 89°20'35"East,a distance of
1,210.43 feet to a point on the South line of said NW 1/4 SW 1/4,said point being
the point of beginning;thence North 03°37'36"East,a distance of 181.75 feet;
thence North 36°09'50"East,a distance of 152.87 feet to the East line of said NW
1/4 SW 1/4.
Containing 21,883 square feet,more or less,
Page 1 of 6
Book 2012 Page 214621of8
Temporary Easement
A part of the East 440 feet of the Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4)
of Section 9,Township 78 North,Range 26 West of the 5th P,M"Dallas County,Iowa,Said
temporary easement lying East 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 1,182.67 feet along the West line of said NW 1/4 SW
1/4;thence South 89°20'35"East,a distance of 1,124.80 feet to a point on the South line
of said NW 1/4 SW 1/4,said point being the point of beginning;thence
North 03°37'36"East,a distance of 221.06 feet;thence North 36°09'50"East,a distance
of297.06 feet to the East line of said NW 1/4 SW 1/4.
Containing 36,242 square feet,more or less,excluding perpetual easement.
2.Use and Purpose of EasementCs).
This Easement shall be granted for thepurpose of locating 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 upon property that is the subj ect 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 into,across or under the
Easement area without the express written consent of the City.The City hereby acknowledges
that an existing fence is located crossing each end of the Easement Area,The City further grants
the Grantor(s)the right to maintain,modify,alter,repair,or replace said existing fences 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.
The City shall provide a physical connection point to the sanitary sewer for a fUl111'e
sanitary sewer extension at no cost to the Grantor/s).The Grantor(s)are hereby granted the right
to connect Grantor(s)existing residence to said connection point at Grantorts)expense.The
connection shall be made by extending the City provided sewer stubout,with the same diameter
pipe as the sewer stubout,to a standard manhole.The sewer service extended from the residence
shall connect to the manhole 01'tee into the salutary sewer extension,The sanitary sewer
extension,manhole and sewer service will be at the Grantoris)expense.
Page 2 af6 Book 2012 Page 214622of8
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.lfthe 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
Grantorrs)at the Grantorts)'sole expense.
The City agrees to remove from the property all trees and woody organics disturbed
during the construction of the sanitary sewer.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 two 16-
foot wide gates in the fence line with one gate at the entrance and one gate at the exit of the
sanitary sewer into the 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).
Page3 of6 Book 2e12 Page 21462
3 of 8
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 land
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.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,lUll 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 subj ect 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 "Grantor(s)"shall refer to---c-_
Michael P McMurray 'Inc!Bobbye 1.McMurray,their heirs,assigns,successors-in-interest,or
lessees,if any.
11.Attorney'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 21462
4 of 8
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 21462
5 of 8
Dated this __uii:day of J1I/t!-y ,20 I 1....
Grat:JAntor
f1cC ~~/(/2 (J~
Michael P.Mclvlurray
STATE OF 1=<;WIt
COUNTY OF 1>A HI[:5
)
)ss.
)
On the 2-'0-1.day of 111 {tY ,20~,before me,the undersigned,a Notary
Public in and for the State of -:to O'Nt._,personal~appeared H
(Y\1c-bl/IYL,JIi vf2-f2-and B6 g 'Iii t1tl?iYl \I.e~
to me known to be the identical erson(s)milled in and who executed the foregoing instrument,
and acknowledged that (he)(she)(they)executed the instrument as (his)(her)(their)voluntary
act and deed.
Notary Public in and for the State of :::f-0 W It
My commission expires I I-z..:>,20 lit
\l SCOTT EPPERLY
tiJ6j""01'-;cornrneslen Number 750341~.r MyCo/mission~Ires-2-~~U:ifOv/P-
Brad Deets,l{lterim City Administrator/Clerk
Page 6 of6 Book 2012 Page 21462
6 of 8
PREPAREDBY:VEENSTRA &KII~II,INC.-3000 WESTOWNPARKljAY -~EST DES MOINES,IOWA 50266-1320 -15151 225-8000
ACQUlSITI0frJ PLAT
FOR PERPETUALSANITARY'SEWEREASEMENT
FOR THE CITY OF WAUKEE,IOWA
OWNER:
MICHAEL P.McMURRAY
BOBBYE J.McMURRAY
BOOK 521 PAGE 469
PARCEL NO.:
010 16-09-300-013 00
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3254B HICKORY HOLLOWLANE
WAUKEE,IA 50263
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nee PI-',,(),,!'e~'ani!the relatEd ~urvcy work M3S~!lr-for'lifarlhv me or under ~y utr-act personalsopery:isiuh .and that I am n duly licensed Land
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LEGEND
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OWNER;
MICHAEL P.McMURRAYBOBBYEJ.McMURRAY
BOOI<521 PAGE 469
ACQUISITION PLAT
FOR PERPETUAL SANITARY SEWER EASEMENT
FOR THE CITY OF WAUKEE,IOWA
PREPAAEO BY:VEENSTRA.KIMM.INC.-3000 IIESJOWN PARKWAY -WEST DES MOINES.IOWA 50266-1320 -(515)225-BOOO
PARCEL NO.:
010 16-09-300-013 00
OWNER ADDRESS:
3254B HICKORY HOLLOW LANE
WAUKEE,IA 50263
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LEGEND
A FOUND SECTION CORNER
MONU~lENT (AS NOTED)
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