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Home My WebLink About2017-02-06-Resolutions 17-148_Fox Creek Trunk Sewer Phase 3 - Sanitary Sewer Easement - Ashworth Properties IncTHE CITY OF WAUKEE,IOWA RESOLUTION 17-148 APPROVING SANITARY SEWER EASEMENT RELATED TO THE FOX CREEK TRUNK SEWER PHASE 3 PROJECT [ASHWORTH PROPERTIES,INC.] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 5'A USE,IOP'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 Fox Creek Trunk Sewer Phase 3 Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Ashworth Propetties,Inc.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 6"day of February,2017,that it hereby approves the Sanitary Sewer Easement related to the Fox Creek Trunk Sewer Phase 3 Project [Ashworth Properties,inc.]in the am n of $L00. illiam F.Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN IIIIIIIIIIIIII II IIIII 11111 IIIIIIIIIIIIIIIIIIIIIIII Doc ID:007062980007 Type:EASE Recorded:03/24/2017 at 09:lat45 AM Fee Aat;$87.00 Page 1 of 7 Dallas County Ious Chad C.Airhart BECORDEA raise ek20i7 205072 --Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 60263 etaea .Ttavisl.Paul VeeostraaoKiutm c.300 W t araP W~M 'a SANITARY SEWER EASEMENT S The undetsitpted,Ashwortb Pro erlies Inc.(hereinafter referred to as thc eGrantor(s)e), of the City of Waukee,Dallas County„lowe,in consideration of the sum of One and 00/100 DDI~Ig1~0 aud other good and valuable consideration,the receipt and sufgciency of which is heteby acknowledged,does hereby sell,grant,and convey to the City of Watdcee,Iowa,a municipal Corporation (hereinatter referred to as othe City"),a permanent and p~easement (hereinafter r~to as "Sanitary Sewer Easement"or eEasement(s)")and right-of-way upon, over,under,through and across the real property legally described as: Perpetual Easement A perpetual sanitary sewer easement located in Outlot Z,Ashworlh North Plat I,an OIIicial Plat, now included in and forming a part of the City of Watdcee„Dallas County,Iowa,Said perpetual easement being more particularly described as foEows: Commencing at the Northeast corner of said Out'lot Z;thence South 00'28'33"West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 1,289.96 feet along thc East line of said Outlot Z to the point of beginning;thence continuing South 00'28'33e West,30.23 feet along said Eaast line;thence South 83'23'27" West,55.42 feet;thence North 00'28'33 a Fast,30.23 feet;thence North 83'23'22a East, 55A2 feet to the IMInt ofbeginning. Conbdning 1,663 square feet,more oz less. Pago l of 6 Temyorary Kascmeut A temporary consttuction easement located in Outlot Z,Ashworth North Plat I,an Official Plat, now included in and forming a part of thc City of Waukec,Dallas County,Iowa.Said temporary casement being morc par tindarly described as follows: Conunencfng at thc Northeast corner of said Outlot Z;thence South 00'28'33'*West (all bearings mfercnccd to Gxid North Iowa State Plane Coordinate System South Zone), 1,249.65 feet along thc East line of said Outlot Z to thc point of bcgmnfng;thence continuing South 00'28'33"West 40,31 feet along said East line;thence South 83'23'27" West,55.42 feet;thence South OP28'33'*West,30.23 feet;thence North 83'23'27"East, 55.42 feet to said East line of Outlot Z;thence South 00'28*33"West,5.04 feet along said East line;thence South 83'23'27"West,60.46 feet„thence North 00'28'33"'East,'75,58 feet;thence Noxth 83'23'27"East,60.46 feet to the point ofbeginning. Containing 2„872 square feet,more or icss, U,,BP y,f~B This Easement shall be granted for the yurposc of locating sanitaxy sewer(s)(hereinafter ref~to as "Sewer(s)")snd to permit and allow fixe cqty to enter at any time upon,over,under, through,snd across into said Easement(s)herein described to use as much of the suxface and sub-surfacc thereof to construct,replace,locate,rebuild,enlarge,reconstruct,patrol,repair (including thc xight 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 strxxcturc or building of any kind whatsoever shall be erected upon property that is thc subject of this Easement without the cxyress written consent of the City, The City shall pxomde a physical connection point to the sanitary sewer for a future sanitary sewer extension at no cost to the Grantor(s).The Grantor(s)axe hereby granted the right to connect Grantor(s)existing residence to said connection yoint at Grantor(s)expense.The connection sha0 be made by extending the City provided sew'cr slubout,with thc same diameter pipe as the sewer stubout,to a standard manhole.The sewer service extended &om the residence shall connect to the manhole or tee into the sanitary sewer extension.The sanitaxy sewer extension,manhole and sewer service will bc at the Grantor(s)expense. After the initial construction of thc Sewer(s),and acceptance by the City,ihe City agrees, as yurt of the recousb'uction,maintenance and pauolling of the Sewer{s),to restore and replace thc Easement area(s)to substantially thc same condition as prior to the time of entry ox as agreed upon by the City and the Grantor(s),except the City shall not be required to replace landscaping,tress, 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 axise subsequent to the restoration and/or replacing of thc easement area;any subsequent restoration by reason of settlement,depression or any unknown conditions shall be the sole responsibility o f the Grantor(s)at the Grantor(s)'sole expense. Page 2 of 5 4.I~Bi fA The City shall have the right of access to the Easement Area snd 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 structures placed or erected in the Easement Area. 5.Runnin ot BeneEts a d Burdens. The terms snd 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 benegts and burdens,nm with the land and are binding upon and mure to the heirs, assigns,successors,tenants snd ~nal representatives of the parties herem. 6.Jurisdiction and Venue. The City snd the Grantor(s}agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter snd enforcement of the terms and conditions of this Easement and said parties consent to the jmisdiction of the person bemg in Dallas County,Iowa. Words and phrases shall be construed as in the singular or plural number,and as masculine, feminine or neuter gender,according to contest. 8.Paxties. The term "City"as used herein shall refer to the City of pfaukee,Iowa,its elected of6cials, e a,Ply .f5,f tM .Thl "O tagja hei f telD. Lombardi and Bsxbara A.Lombardi.their heixs,assigns,successors-in-interest,or lessees,if any, This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be biuding unless in writing and signed by both parIxcs. 10.~PI a~' The paragraph headings in this Agreement are inciuded 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 xmas estate describol in this Easement Area by title iu,fee simple;that Grantor has good and lawful authority to convey the same;and said Grantor covenants to %ARRANT AND DEFEND the said Basement Area against the lawful claims of all pmsons whomsoever. Each of the undnsigned hereby relinquishes all rights of dower,homestead and distributive share,if any,in snd to the interests conveyed by this Easement. Words snd phrases herein including acknowledgement hereof shall be consttued as in the singular or pIMSI nunlbcr,SQd as lnasculule or fcnlIQIQc gcndcr,accoI'lilng to thc context. D i&ia ~d y i Citv of %aukee 7 Tim oerm,ity Administrator~n and itic g 6 st i STATE OP IOWA ) )SS: COUNTY OP DALLAS ) On the 4 day of 4 4 .20 f ),before me,thetmdersqpted,a Notary PublicIItE in and for the State of J ~,personally a~ed .~l~m and to me known,who,being by me'duly sworn,did say that they src the i ~ir4 respectively,of the corporation executing the foregoing instrument;that (no seal has been procured by)seafrii)thc cotporanonl that smtl msttuIQent was signed (an4 scaled)on behalf of the corporation by authority of this Board of Directors;that (a),I )i~w C.g~(E. and acknowIedged the execulion f the instnnnent to be the voluntary act and deed of the corporation, by it and by them voluntarily executed, No blic in and for the State of Iowa Pasa4 cf5 STATE OP IOW'A ) )SS COUNTY OP DALLAS ) On this ~Prt day of ,20~i before me,the undersitpted,a Notary Public in and for said County and State personally appeared William Pcard aud Tim Moerman,to mc personally known,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 within and.foregoing 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. win ~BEttECCA D.SCHUETT ",-C01iBieecn RUIKI3"i /$(Y'96 Vi j CoiiilillMIGi:axasss nay 13,ran/ Notary Public in and for thc State of Iowa PREPARED BY:VEERSTRA 6 KDN,INC,-3000 IIESTBIIR PARKIIAY -IIEST OES KBIRES,IOIIA TN266-1320 -f515)225-0000 OWNER EASEMENT DRAWING ASHNORTH PROPERTIES,INC. BOOK 2D15 PAGE 1514AI PARCEL ID: 1604AI27001 FOR SANITARY SENER EASEMENT FOR THE CITY OF WAUKEE,IA P.O.C.~ NE CORNER OUTLOT Z FND:1/2'REBAR I I mlD mm IEE EEA CAA Ctt mm P.O.B O IIIBm QOO NE CORNER 6 1i22 '" 9 I/A SN 1/A IXX BiA'PIP QQO 993.37'IN)" 563.23 27'N IN)993 37'IR)I 63.23 33 YI IR o'~+ oo @+ACAA NN CDRNER SN 1/4 SN I/4 BEC 3-76-26 FND,'1/2"REBAR N/YEI LOB CAPP 15266 k FOUND SECTION CORNER ~FOUND PROPERTY PIN fM)"AS MEABURED"DISTANCE OR BEARING IPO 'AS RECORDED"DISTANCE DR BEARING IP)AS PLATTED DISTANCE OR BEARING PERPETUAL EASEMENT 1.663 SQUARE FEET ICAIE I'"IOO' GRID NORTH IONA STATE PLANE COORDINATE SYSTEM SOUTH ZONE I "=100 ' 0 100 200 LI BXl '26 33"9 L2 L3 L4 NIXl'28'33'2 N63 '23 '27 "E DISTANCE 30 23 55A2' 30Z3' 55A2' IEI I IO ts-l7.'PAIBCCBI PM Ift PCB OIIBIAIIIAI tstttll IA' CBCAIB OAI APPICIBI tos I!AIE Ol ls"tt A.C. SANITARY SEWER EASEMENT IN OUTLOT 7.,ASHNORTH NORTH PLAT 1 BABBNSSSSBB~1%el Bol AAOBAIA ABBB ACIAAIAIAAB RFY I E-E3 1 OF 2 REPAPEO SY:VEEISTBA 6 K(NN,INC.—3000 NFSTONN PASKNAY -NEST OES NOINES.IONA 50266-1320 -l515l 22m8000 ASHNORTH PROPERTIES,INC, BOOK 2016 PAGE 15144 PARCEL ID: 1604427001 EASEMENT DRAWING FOR SANITARY SENER EASEMEN FOR THE CITY DF NAUKEE.IA P.O.C. NE CORNER OUTLOT I FND:I/2 REBAR N OA Ifl tOmm Itl II7 NIUmm P.O.B I 6 mor mmmm iQCOCI III III III Ll OOO NE CORNER 6 1/2 E 1/2 SN 1/4 SN 1/4 FNO:3/4 P L7 '' 3 OOONttttO gg3',37'(R t66323,2' oQ oo +o ~~y.Q NN CORNER SN 1/4 SN 1/4 SEC 3-76-26 FNO:1/2 REBAR N/YELLON CAPN(5266 FOUND SECTION CORNER ~FOUND PROPERTY PIN (M)"AS MEABUREO DISTANCE OR BEARING (R)'AS RECORDED DISTANCE OR BEARING (P)"AS PLATTED DISTANCE OR BEARING TEMPORARY EASEMENT 2,672 BGUARE FEET KALE I"7777 GRID NORTH IONA STATE PLANE COORDINATE SYSTEM SOUTH ZONE ('=100' n 2OD LIIE L5 L6 L7 LB BEARING 300'26'33"N S63 '23'27 "6 600263 FN N63 '23 2/"6 6632327"tt 4031' 6046 M.46 CONSTRUCTION EASEPIENT IN OUTLOT Z,ASHNORTII NORTH FIAT 1 IIIII 77-71-77 77PI ~774777 ~Alit a77 abkw,1 Waa7.7777 777117AÃN 171111777IM7IP M77117AMIII777770 20F2 7777777 771777