HomeMy WebLinkAbout2016-10-10-Resolutions 16-437_SW Area Trunk Sewer Extension - Sanitary Sewer Easement - Memorandum of Understanding - FoustTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-437
APPROVING SANITARY SEWER EASEMENT AND MEMO OF
UNDERSTANDING ASSOCIATED WITH SOUTHWEST AREA TRUNK SEWER
EXTENSION PROJECT [MARK AND DIANK FOUST]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UK',IO5'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,it has been determined that a Sanitary Sewer Easement is necessary for the purpose
of construction of the Southwest Area Trunk Sewer Extension Project;AND,
WHEREAS,said easement shall be located on a portion of the property owned by Mark and
Diane Foust and legally described as referenced in Exhibit A,Easement Area,of the Sanitary
Sewer Easement which is attached hereto.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
10"day of October,2016,that it hereby approves the Sanitary Sewer Easement and Memo of
Understanding related to the Southwest Area Trunk Sewer Extension Project,with payment
made by the City to property owner(s)Mark and Diane Foust in the a unt of $13,003.00.
Attest:
4J~
Rebecca D.Schuett,City Clerk
Willia F.P ard,ayor
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
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Doc ID:006946310006 Type:EASE
Recorded:tc/17/2016 at 06:03:54 AM
Fee Atnt:$42.00 Page 1 of 6
Dallas County love
Chad C.Atrhart RECORDER
Fsletr
BR2016 P020i04
Bill/Return to:
Becky Schuett,City of Waukee
230 W.I-lickman Rd.
Waukee,IA 50263
Pro arc bv trans J tFeol Vecnstra 4 RJmln Inc lr000westorrnPkw West DcsMoines lowa 50J66 515»55000
SANITARY SEWER EASEMENTS
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant of Easements.
The undersigned,Mark Foust and Diane M.Foust,husband and wife,(hereinafter referred to
as the oGrantors"),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of
Thirteen Thousand Three and 00/100 Dollars $13 003.00,a sanitary service stub at manhole located
east of creek on south side of Grantors'property for connection by Grantotch and other good and
valuable consideration,the receipt and sufiiciency of which is hereby acknowledged,do 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 "Easements")and a Temporary Easement (both referred to as "Easements")and ri&rht-of-way upon,
over,under,through and across the real property legally described as with the Easement Area betng
described below:
Lot 1,Leonard's Subdivision,an Official Plat,now included in and forming 6 part of the City of
Waukee,Dallas County,lowe ("Grantors'Property").
Perpetual Easement
Said peqaetual easement for sanitaty server purposes only and for no other purposes or uses 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 at the Northwest comer of said Lot I;thence North 83o(degrees)45'(minutes)
36"(seconds)East (all bearings referenced to Grid North Iowa State Plane Coordinate System
South Zone),a distance of 155.22 feet along the North line of said Lot 1 to the point of
beginning;thence South 01'21'59"East,a distance of 206.48 feet;thence
South 60'20'08a East,a distance of 200.00 feet;thence South 72"18'17e East,a distance of
142.92 feet to the North line of Lot 3 of said Leonard's Subdivision.The sidelines of said strip
to be shortened or lengthened to tetmtnate at the North line of said Lot 1 and at the North line
of said Lot 3.("Easement Area")
Contaming 16,482 square feet,more or less.
Temporary Easement
Said temporary easement being more particularly described as follows:
Commencing at the Northwest comer of said Lot 1;thence North 83'(degrees)45'(minutes)
36"(seconds)East (all bearings referenced to Grid North iowa State Plane Coordinate System
South Zone),a distance of 114.86 feet along the North line of said Lot 1 to the point of
beginning;thence continuing North 83'45'36"East,a distance of 60.53 feet along said North
hne;thence South 01 "21'59"West,a distance of 197.21 feet;thence South 60'20'08"East,a
distance of 113.63 feet;thence South 72"18'17"East,a distance of 252.92 feet to the West line
of Lot 2 of said Leonard's Subdivision;thence South 00'04'14"East,a distance of 15.20 feet
along said West line of Lot 2 to the Southwest comer thereof,said point being on the North
line of Lot 3 of said Leonard's Subdivision;thence South 83'38'19"West,a distance of 111.68
feet along said North line;thence North 72"18'17"West,a distance of 161.87 feet;thence
North 60'20'08"West,a distance of 155.76 feet;thence North 01'21'59"East,a distance of
225.03 feet to the point of beginning.("Temporary Easement Area")
Containing 17,554 square feet,more or less,excluding perpetual easement.This Temporary Easenient
shall expire on November 1,2017 and all rights granted to the City with respect to the Temporary
Easement.shall then terminate.
The description of the Perpeiual Easement and of the Teruporary Easement are referred to as
"Easement Area".
Use and Pu ose of Easements.
This Easement shall be granted for the sole purpose of locating a sanitary sewer (hereinafter
rcfcrrcd to as "Sewer")and to pemiit and allov:the city to enter upon,over,under,through,and acmss
and into the Easement Area herein described to usc as niuch 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 necessaty within the Easement Area.No pertnanent stmcture or
building of any kind whatsoever shall be erected within the Easement Area without the express written
consent of the City.
3.Maintenance.
After the initial construction of the Sewer(s),and acceptance by the City,the City agrees,as
part of the construction reconstruction,maintenance and patrolling of the Sewer(s)„to restore and
replace the Easement Area to substantially the same condition as prior to commencement of
construction of the sewer,except that Grantor has been compensated for trees that may be removed as
pain of construction and maintenance and no trees shall be planted by the City as part of any
restoration.The City shall be required to replace,restore and repair ground and fencing back to their
original conditions before construction and to restore the Easement Area by reason of settlement,
depression,or any unknown conditions which arise as a result of work undertaken by Grantee within
the easement area subsequent to ihe restoration and/or replacing of the Easement Area within a period
of two years following final completion of any such work by Grantee.
4.Sewer Connection.
As consideration for the grantmg of the Easement,the City grants Grantors the unqualified
right to connect a single home to the sanitary sewer system (Sewer),at no cost to Grantors,at a
location labeled MH-4 on Veenstra &Kimm,Inc.drawings dated September 16,2016 enabling
Grantors to connect directly with the City provided manhole.
5.~~~Ril f'A
The City shall have the right of access to the Easement Area but to no other portions of
Grantors'Property and have all rights of ingress and egress reasonably necessary for the use and
cnjoytncnt of the Eascmcnt Area as herein described,including,but not limited to,the right to remove
any unauthorized obstmctions or structures placed or erected in the Easement Area.
6.Hold Harmless.
The Grantors and the City agree to indemnify and hold hamiless each other and their
representatives,and attorneys fiom and against any and all claims or demands for liability,loss,
damage,costs,expenses,or attoniey's fees of any kind for actions or omissions of the parties arising
out of or in connection with any undetxaking arising out of or otherwise related to this Easement.
7.Runnin of Benefits and Burdens.
The terms and conditions of this Easement are buiding upon the Grantors including,but not
limited to,future owners,developers,lessees or occupants.All provisions of this insttnment,
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 Grantors agree the District Court of the State of Iowa shall have exclusive
jurisdiction over the subject matter and enforcement of the temts 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 tenn "City"as used herein shall refer to the City of Waukee,lowe,its elected officials,
agents,employees,oi'ficers,and contractors.The term DGrantors"shall refer to Mark Foust and Diane
M.Foust,their heirs,assigns,successors-in-interest,or lessees,if any.
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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.
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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.
33.~Ph H.d
The paragraph headings in this Agrecmcnt are included solely for convenience and shall not
affect or be used in connection with,the interpretation of this Agreement.
Grantors do HEREBY COVENANT with the City that Grantors hold said real estate described in this
Easmnent Area by title in fee simple;that Grantors have good and lawful authority to convey the
same;and said Grantors covenant 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 acknowledgement hereof shall be consnued as in the
singular or plural number,and as masculine or feminine gender,according to the context.
D dill ~dy f
mark Foust aud Dia e M.I'"oust Citv of Waul ee
il iai F.Peard,ayor
Attest:A11est:
Tim Moennan,City Administrator
STA I E OF IOWA )
)SS:
COUNTY OF DALLAS )
r
On this '.rlay of 2',tr r r f
said county and state.personally appeared Mark
,20 ''0,before me,the undersigned,a Notary Public in and for
Foust and Diarte M.Foust.
4 LQUS R HOCKENBEEG
«0 mmmhssttm Number 4910
STATE A )Sty~Iree
June 14,2
COUNTY OF DALLAS )
Notary Public in and for eP te ol lowe
On thisLt day of .20)tp,before me,the undersigned.a Notary Public in and for said County
and State personally appeared William Peard and Tim Moerman,to nte personally known,who being by me duly sworn,
did say that they are the ivlayor and City Administrator of the City of Waukee,iowa.a nnmicipal corporation,executing
the within anil 1'oregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the
City of Waukee,by it and by them voluntarily executed.
KfkTHRYN E.PURVIS
Commismon Number r9451 3
My Commumoi i Expires
February 10,2019
Notary ublic in nd for the State o wa
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NARK FOUST AND
DIANE M.FOUST
FASEMFNT QRAWIN8 BDeC 527 PAeE 158
FOR THE CITY OF WAUKEE.IONA
NN 1/25
1/4 FOUND 1/2 REBAR
SEC 5-TS 2
CAPft12105.
H/YELLOW
FOUND 1/2 REBAR
H/YELLOII 1 313.64
CAPftILLEGIBL -.SS3 ",45,~g 1,315
383 21 18"H
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Oe
NGS'45'3.5
155 ~22
P.D.B.
P.D.C.
HH CORNER
LOT 1
801'21'58 If
206.46 '
30.00'
15.00'
880'20'08 E200.00'
O1
872 '16 '1142.92'I
QQf~&
4 Q
LESEND
A FOUND SECTION CDRNER
MONUMENT AS NOTED
0 FOUND 1/2 "REBAR
W/YELLOW CAPH6808
IE FOUND 1/2 FIEBAR
N/YELLOW CAPHt4640
(MI AS MEASURED DISTANCE
OR BEARING
(R)"AS RECORDED"DISTANCE
OR BEARING~PERPETUAL EASEMENT
BRIO NORTH
IOWA STATE PLANE
COORDINATE SYSTEH
(SOUTH ZONE)
0 108 200
16 4 62 SQUARE FEET
!3.38 Ig"F (MI
I 83 "10'OO"E(R
I N200.00'(NSR1
I
t((w ltt ttI
Oe(HtH
I FOIPO CAPPEO
PIH ILHH'HOH(H NE CORNER
HF LIHE HHLH FHH LOT 5
NH CORNER~Y1 t
H fffPHfHIIH LffE-
LOT 6 83.'I '~88.00HGS'38'IG.EQ 280.00'(RI
N63'10'%
Ittttt t Mt''
ttttltt tN'SANITARY SEWER EASEMENT IN
LOT 1.LEONAFID 'S SUBDIVISION
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OF 2
PIEPAREI ST:TERS)IN 6 K)%DK.—3000 SESIDWI PARIHAY -IIEST 523 NlINSS,IDHA 50256-1320 —(515)225-3000
OWNER
MARK FDUST AND
DIANE M.FDUST FOR THE CITY OF NAUKEE.IONA
N I 1/4 NN
"SEC 8-78-26
STA'45'35 6 g 1'316.92'i"1.313 64'.5
963.21 19 6
NH COANEFI
SN 1/4 NH 1/4
FOUND 1/2"AEBAR
6/YELLOH
CAPOILLESIBL
P.D.B.
1 L2
BOOK 627 PAASE 169
NE CORNEA
SN 1/4 NN 1/4
FOUND 1/2 REBAR
N/YELLDM
CAPkf2106
@4+I
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P.0.C.
NN CORME
LOT 1
@g'5
~()gh~~~gO)A
ye~)~r-
g '02
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LINE BEARIHS DISTANCE
Li H83'45'36 E 114.86'
L2 N83'45'36'E 60.53
LS S01 "21'59 6 197.21'
L4 S60'20'08 "E if3.63'
L5 372'18'f7 E 252.92'
LS SOD 'D4 '14'E 15.20
L7 S83'38'l9 H Iff.68'
LS N72'fB'17 6 161.8/'
LD HSO 20 Oe H 155.76
L10 N01'21'59 E 225.03
L7
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9 E (M)
NSS.io 00"E
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6
LESEND
A FOUND SECTION CORNER
MONUMENT AS NOTED
0 FOUND 1/2"REBAR
6/YELI OH CAPOBSOS
FOUND 1/2"REBAR
M/YELLON CAPI4640
(M)AS MEASURED"DISTANCE
OR SEARIN6
(R)AS RECORDED"DISTANCE
OR BEARING
PWFI TEMPORARY EASEMENT~17,554 SOUARE FEET
NE CORNER
I OF LINE.HELD FOR LOT 6
HORTH-SOOTH LIHS
LOT 6 53 „,,69'00~.~19"6gM'260 00'(R)259-,()
N63.10 00 6
6RIO NORTH
IONA STATE PLANE
COORDINATE SYSTEM
(SOUTH ZONEI
0 100'200
Ila a a a aa '
aaaa Ta'
«man aa
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aalE aa-I ~aa
CONSTRUCTION EASEMENT IN
LOT 1.LEONARD 'S SUBDIVISION E —3
20F2
MEMO OF UNDERSTANDING
l.Intent
This memo of understanding is to outline and describe the procedures for
providing compensation for native seeding across the property owned by Mark Foust and Diane
M.Foust (hereinafter refened to as the "Owner(s)k)as part of the initial const)3)ction of the
Southwest Area Trunk Sewer Extension Project ("Project")by the City of Waukec,Iowa,a
municipal corporation (hereinafter refened to as the "City").
2.Com ensation for Native Seedin
Upon the easements being executed by both parties,the City agrees to provide
additional compensation to the Owner(s)in the amount of $750.00 for seeding an area of 33,000
square feet.This amount represents the value of the native seeding required across the easement
areas (33,000 square feet).The compensation shall be paid at the same time compensation is
paid under a separate Sanitary Sewer Easement(s).
3.This memo of understanding is inlended to explain and confirm how
compensation for native seeding will be made by the City.This Memorandum is not intended to
alter the easements granted by Property Owners in any way but is intended instead to confirm the
City's agreement to provide additional compensation for native seeding.
D tdtk 22ti d 2 f~St 6,2616.
Foust
Dian M.Foust
Citt fW 2
Join)'bson,Public Works Director
i00503916 Dorx )