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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 AYK X X X NAY ABSENT ABSTAIN X illilllllillillllllllilliilllllllllllllll lllllllllllilllll 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. ~Au 'F 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. ll.~ll 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 / I I R I g5 ',+Raii / I / I 1 I I 3355«3 'to .35ever«3 'te I i,55 KRI« 5 i RR «f liace CC Votu c (3 (C2 i',g 'I .',:',:"5-.'i«:- I I." .I 1 '3'5 i tt5,; 5 N,' «59 3 gci 3 &;alii 3 @~2~4: / / «3«o (toe (R(t 355 I3353«3 'te .5 OVER 1 I 1 I 1 I(te«a RRO t«R 35N I31IWN'tto ot tc et 5(5 / I I 5 3 3 3'55'5 5 3 PHEPAHBI W.YESO(HA I IIN(IHC.-30(D HESIOHH PnneT -HESI (ES PDIHES,IGHA M238-IskS -(3(5(225-HW DHISESE 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 ~t4t~t0 I 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 ~gg EVC tttttt tttttttt ttfttttF llltt tttt Ntttttttt ttttt tttlttl ttttttPltHtttttWtttBPRWSWIFttt~tttttttt E —3 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 )aaaDP 4'c/ P.0.C. NN CORME LOT 1 @g'5 ~()gh~~~gO)A ye~)~r- g '02 .CO~+ ~%~ca @D~~+% 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 li ~(R) 9 E (M) NSS.io 00"E I OO (MSR) I 'I-- a)w IA o I «Uiapaao D 3R Ta QS 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 aaaaaa 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 )