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Home My WebLink About2017-06-19-Resolutions 17-295_NW Area Trunk Sewer Extension Phase 4 - Sanitary Sewer Easement - Waukee T Avenue LLCTHE CITY OF WAUKEE,IOWA RESOLUTION 17-295 APPROVING SANITARY SEWER EASEMKNT RELATED TO THE NORTHWEST AREA TRUNK SEWER EXTENSION PHASE 4 PROJECT [WAUKEE T AVENUE,LLC] IN THE NAMEAND BY THE AUTHORITY OF THE CITY OF MAUI EE,IOIYA 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 Northwest Area Trunk Sewer Extension Phase 4 Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Waukee T Avenue,LLC,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 19'"day of June,2017,that it hereby approves the Sanitary Sewer Easement related to the Northwest Area Trunk Sewer Extension Phase 4 Project [Waukee T Avenue,LLC]in the amount of $4,329.24. Anna Bergmat ayor Pro Tem Attest Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X NAY ABSENT ABSTAIN X JJJJJJJJIJJIJIJIIJJJJIJJJJIIJJJIIIJJIIJJJIJJJJJIIJIJIJJIIJJIIIJJ/IIJJIIIIIJIIJJJ Recorded;07/03/2017 at 09:09:05 At'IFeeAnt:$37.00 Page 1 of 7DallasCountyIowaChadC.Airhart RECORDERFile&y RK20i7 Ci2635 c/Bill/Return to: Becky Schuett,City of Waukee 230 W,Hickman Rd. Waukee,IA 50263 Prt.&ared b Trav&a I paul Veenstra 1k Kimm Inc 3000Westown pkwv West Dcs Moines Iowa 502(&0 sls '»&a(lco SANITARY SEWER EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigned,Waukce T Avenue LLC,(hereinafter referred to as the nGrantor(s)n),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Four Thousand Three Hundred Twent -Nine and 24/100 Dollars S4,329.24 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 Waukec,Iowa,a municipal Coiporation (hereinafter referred to as "the City"),3 permanent and perpetual casement (hereinafter referred to as "Sanitary Sewer Easement"or uEascment(s)n)and right-of-way upon,over,under,through and across thc real property legally described as: Perpetual Easement A pei)Ietual sanitary sewer easenient located in part of the Southwest I/4 of the Soutlnvest 1/4 of Section 29,Township 79 North,Range 26 West of the 50'P.M.,Dallas County,iowa.Said perpetual easement being more particularly described as follows: Commencing at the Soutlnvest comer of said Section 29;thence North 00'27'45"East (all bearintrs referenced to Grid North Iowa State Plane Coordinate System South Zone),100.17 cfeetalongtheWestlineofsaidSouthwestI/4 of the Southwest I/4;thence South 89 3 '15" East,40.00 feet to a point on the East right-of-tvay linc of T Avenue,said point being the point of beginning;thence Notth 00"27'45"East,31.00 feet along said East line;thence South 89o46'42"East,67.00 feet;thence South 00'27'45"West,31.00 feet to the North line of the former Chicago,Milwaukee g:St.Paul Railway Company right-of-way;thence North 89'46'42"West,67.00 feet along said North line to thc point of bcginnintr. Containing 2,077 square feet,more or less. Page I ofs Temporary Easement A temporary construction easement located in part of the Southwest 1/4 of the Southtvest 1/4 of Section 29,Township 79 North,Range 26 West of the 5ra P.M.,Dallas County,iowa.Said temporary easement being more particularly described as follows: Commencing at the Southwest comer of said Section 29;thence North 00"27'45"East (all bearings referenced to Grid North iowa State Plane Coordinate System South Zone),131.17 feet along thc West line of said Southwest 1/4 of the Southwest 1/4;thence South 89"32'15' East,40.00 feet to a point on the East right-of-way line of T Avenue,said point being the point of beginning;thence North 00'27'45"East.5.50 feet along said East right-of-way; thence South 89"46'42'East,15.00 feet;thence North 00'27'45"East,35.00 feet;thence South 89'46'42"East,73.00 feet;thence South 00'27'45"West,71.50 feet to thc North line of the former Chicago.Milwaukee /k St.Paul Railway Company right-of-way:thence North 89'46'42"West,23.00 feet along said North line:thence North 00"27'45"l=.ast,31.00 feet: thence North 89"46'42"West,67.00 feet to the point of beginning. Containi g 3,833 .quare feet,more or less. 2.Use and Pur ose of Easement s . This Easement shall bc ranted for the purpose of locating sanitary sewer(s)(hereinafter referred to as "Sewer(s)")and to permit and allow the city to cntcr at any time upon,over,under, through,and across into said Eascmcnt(s)herein descnbed 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 or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express v'ritten consent of the City. The temporary easement shall be for a 12 month period,or until the end of construction,at which time said temporary wil!cease and terminate. 3.Maintenance. After the initial construction of the Sewer(s),and acceptance by the City,the City agrees, as patt 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,trccs, shrubs,bushes,landscape elements,structures,or underground water systems 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;any subsequent restoration by reason of settlement,depression or any unknown conditions shall be the sole responsibility of the Grantor(s)at the Grantor(s)'sole expense. Page 2 of 5 F.~te it IA The City shall have the nght of access to the Easement Area and have all rights of ingress and egress 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 sticuctures placed or erected in the Easement Area. 5.Hold Hartrtfess. The Grantor(s)agrees to indemnify and hold hanrtless the City,its elected officials, employees,officers,agents,representatives,contractors,and attorneys from and against any and all claims or demands for liabilityt loss,damage,costs,expenses,or attorney's fees of any kind for actions or omissions of the Grantor(s)aiising out of or in connection with any undertaking arising out of or othctsvise related to this Easement. fx Runnin of Benefits and Burdens. The tenrts and conditions of this Eascmcnt 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,rtui with the land and are binding upon and inure to the heirs, assigns,successors,tenants and personal representatives of the parties hereto. 7.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 teniis and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County,iowa. 8.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. 9.Parties. The tenn "City"as used herein shall refer to the City of Waukee.iowa,its elected officials, agents,employees,officers,and contractors.The teim "Grantor(s)"shall refer to Waukee T Avenue,LLC,their heirs,assignst successors-in-interest,or lessees,if any. 10.A~tt ':F*.. The City may enforce this instnunent by appropriate action,and should they prevail in such litigation they shall recover as part of their costs the reasonable attoniey's fees incurted in such litigation. Page 3 of 5 This Agreement shall constitute the entire Agreement between the partie and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12.Para na h Headin as. The paragraph headings in this Agreement are included solely for convenience and shall not affect or bc used in connection with,the interpretation of this Agreement. Grantor does HEREBY COVENANT with the City that Grantor holds said real estate descdbed in this Easement Area by title in fee simple;that Grantor has good and lawful authority to convey thc 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 acknowledgement hereof shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. Page 4 of 5 Dated this 7W day of ,20+7 Waukec T Avenue LLC Cltt lW ilham F.Pea,ayor Attest:Attest: Person and title ~"g/4:yy.dtd Tim Moemtln,City Administrtntor STATE OF IOWA ) )SS: COUNTY 01".DALLAS ) Onthis )'ITI dayof Ib(K .20 jl,before me,0 Notate Public,in and for said lt t'*d y,p lly'pp d rial++Le rn (signatory name),to mc personally known,who being by me duly sworn or affirmed,did say that that persmi is tr)rICII 8 I (official title)of said (limited liability company)and that said instnnncnt tvas signed on behalf of the said limited liability company by authority of its managers and the said RESECCA 0 SCHUETTCommissionrtumasr716196 ieiy Consnlsslon Expires May 13,2020 Notary Public in and for the State of Iowa STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this gM day of ,20 I 1,before me,the undersigned,a Notaiy Public in and for said County and State personally appeared William Peard and Tim Mocrman,to mc personally knov nt who being by me duly sworn,did say that they are the Mayor and City Administrator of the City of Waukee,Iowa,a municipal corporation,executing the ivithin and Ioregoing instrument and aclcnowledgcd that they cxccutcd the same as their voluntary act and deed of the City of Waul cet by it and by them voluntarily executed. ,pp '+RESECCIID.SCHUETTtopcommissionNumtper716496o 0 My Commission Expires pps Msy 13,2020 Notary Public in and for the State of Iowa Page 5 of 5 FREPAREG BY:VEENBTRA 8 KINK,INC.-30ll0 NEBTONN PABKNAY —NEST OEB NBINEB.IOlfA 50255-1320'-l515)225-6000 OWNER MAUKEE T AVENUE.LLC DOCK 2005 PAGE 2235 EASEMENT DRAWING FOR SANITARY SEMEA EASEMENT FOR THE CITY OF MAUKEE.IA PARCEL ID: 1229300004 81/8 CORNER~ SECTION 29-79-26 LINE BEARINB GISTANCE L1 NGG 27 MB "E 31 00' L2 889 MS 92'E L3 800'27'46'8 SLOG' LA M89 M6'42'M 67,00' lU fU Yb @@~K a I I 4l L3 GALLAS COUNTY CONSERVATION BGARO OALLAS COUNTY L P 0 8 CONSERVATION BGARO 689 'A2'00"M 2,640.62' 81/A CORNER P,G.C. SECTTGN 30-79-26 SM CORNER FNG:ALUM.OISC SECTION 29-79-28 FMfZ 1"PIPE HICKMAN ROAf3 61/A CORNER SECTION 29-?9-26 FMO:LOOT CAP LEGEND 4 FOUND SECTION CORNER PERPETUAl EASEMENT 2.077 SG.FT. l"=100' 0 fQQ 200 BRIO NORTH IONA STATE PLANE CGGRGINATE SYSTEM SOUTH ZONE SANITARY SEYVER EASEMENT IN SM 1/4 EfF THE SN 1/4 SECTION 29-79-26 REY E —5 OF 2 PREPABEC 87:YEENSIPA 8 KI%INC.-3000 SEST088 PAIEYII —lHT DES ilGINFE IONil 50385-I320 -f5I5)235-8000 CRABBSD NAUKEE T AVENUE,LLC 800K 2005 PAGE 2235 EASEMENT DRAWING FOR SANITARY SEWER EASEMENT FOR THE CITY OF WAUKEE,IA PARCEL N: 1229300004 MI/O CORNER SECTION 29-79-26 FMD:5/8 REBAR LI L2 DISTAFF 550' L4 SBS'46'42'E 75.00' LS S00 '27 '45 N 7 L50 ' L7 NBB'46'42'N N00 '27 '45 %. 23.00 3L00 LB NEB '46'42 "6 6?.00' %@8r Cg lw l 'f I lR L7 PERPETUAL EASEMENT L5 DALLAS COUNTY CONSERVATION BOARD DALLAS COUNTY L CONSERVATION BOARD 4 689*42'00 W 2.640.52.'— 61/4 CORNER P.G.C. SECTION 30"79-26 SN CORNER FND:ALUM.DISC SECTION 29-79"26 FND:I PIPE HICKMAM ROAD (HIGHWAY 5) SECTION 29-79-26 FND:IOQT CAP LEGEND FOUND SECTION CORNER gg TEMPORARY EASEMENT 3.833 BQ.FT. ,'"=I 0 0 0 I OQ 200 GRID NORTH IONA STATE PLANE COORDINATE SYSTEM SOUTH ZONE I%V I ~IT:CHAMPED ALXtSMENI 100 ' APPHWIU AC ICE ~J-!7 CONSTRLICTIOM EASEMENT IN SW I/4 OF THE SW I/4 SECTION 29-79-25 g~8900 ~~~~See~Eewl 5%%5-1SVNst~IBM '~~IIWLRI 2 OF 2