HomeMy WebLinkAbout2017-08-07-Resolutions 17-367_NW Area Trunk Sewer Extension Phase 4 - Sanitary Sewer Easement - Phillips-HamiltonTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-367
APPROVING SANITARY SEWER EASEMENT(S)RELATED TO THE
NORTHWEST AREA TRUNK SEWER EXTENSION PHASE 4 PROJECT
[PHILLIPS-HAMILTON,INC.]
IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOIYzl
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 Phillips-
Hamilton,Inc.,and legally described as referenced in Exhibit A,Easement Area,of the Sanitary
Sewer Easement(s)which is attached hereto.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
7"day of August,2017,that it hereby approves the Sanitary Sewer Easement(s)related to the
Northwest Area Trunk Sewer Extension Phase 4 Project [Phillips-Hamilton,Inc.]in the amount
of $41,100.08.
illiam .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
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Doc ID:007273230009 Type:EASE
Recorded:03/14/2017 at 06;26:57 AM
Fee Ant:$47.00 Page 1 of 9
Dallas County Iowa
Chad C.Airhart RECORDER
File¹
-2017 15781
—3 Bill/Return to;
Becky Schuett,City of Waukee
230 W.I-iickman Rd.
Waukee,iA 50263
Pre ared h Travis I Pa I Vc tra 8k Kimm inc.3000 Westown Pk West Des Moines iowa 50256 5I5 225-8000
SANITARY SEWER KASKMKNT S
KNOW TO ALL MEN BY THESE PRESENTS:
The undersigned,Philli s-Hamilton Inc.,(hereinafter referred to as the nGrantor(s)n),of
the City of Waukee,Dallas County,Iowa,in consideration of the sum of Fo -One Thousand One
Hundred and 08/100 Dollars 41 100.08 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 Waukeer lowe,a municipal Corporation (hereinafter referred to as "the City"),a permanent and
perpetual easement (hereinafter referred to as "Sanitary Sewer Easement"or nEasement(s)n)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 part of the Southeast I/4 and in the East I/2 of the
Southv est I/4 of Section 32,Township 79 Notth,Range 26 West of the 5'"P.M.,Dallas County,
Iowa.Said perpetual easement being more particularly described in two (2)segments as follows:
Segment I
Perpetual easement Segment I being a strip 30.00 feet in width lying 15.00 feet on each side of the
following described line:
Commencing at the Southwest corner of said Southeast I/4;thence North 00'40'49o East (all
bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),
1,236.38 feet along the West line of said Southeast I/4 to the point of beginning;thence
North 61'34'21"East,469.92 feet;thence North 77'50'22"East,422.00 feet;thence North
79'49'45n East,400.69 feet to the West line of an existing perpetual sanitary sewer
easement.The sidelines of said strip to be shortened or lengthened to terminate at the West
line of the Southeast I/4 and at the West line of said existing perpetual sanitary sewer
easement.
Containing 38,779 square feet,more or less.
Page I of 5
Segment 2
Perpetual easement Segment 2 being a strip 30.00 feet in width lying 15.00 feet on each side of the
following described line:
Commencing at the Southeast corner of said East I/2 of the Southwest I/4;thence North
00'40'49"East (all bearings referenced to Grid North Iowa State Plane Coordinate System
South Zone),1,236.38 feet along the East line of said East I/2 of the Southwest I/4 to the
point of beginning;thence North 54'43'47"West,510.18 feet;thence North 63'09'33"
West,1,000.66 feet to the West line of said East I/2 of the Southwest I/4.The sidelines of
said strip to be shortened or lengthened to terminate at the East and West lines of the East
I/2 of the Southwest I/4.
Containing 45,325 square feet,more or less.Total area containing 84,104 square feet,more or
less.
Temporary Easement
A temporary construction easement located in part of the Southeast I/4 and in the East I/2 of the
Southwest I/4 of Section 32,Tov nship 79 North,Range 26 West of the 5'"P.M.,Dallas County,
Iowa.Said temporary easement being more particularly described in two (2)segments as follows:
Segment I
Temporary easement Segment I being a strip 90.00 feet in width lying 65.00 feet on the North side
and 25.00 feet on the South side of the following described line:
Commencing at the Southwest corner of said Southeast I /4;thence North 00'40'49"East (all
bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),
1,236.38 feet along the West line of said Southeast I/4 to the point of beginning;thence
North 61'34'21"East,469.92 feet;thence North 77'50'22"East,422.00 feet;thence North
79'49'45"East,400.69 feet to the West line of an existing perpetual sanitary sewer
easement,EXCEPTING THEREFROM above described perpetual easement Segment 1.
The sidelines of said strip to be shortened or lengthened to terminate at the West line of the
Southeast I/4 and at the West line of said existing perpetual sanitary sewer easement.
Containing 76,950 square feet,more or less.
Segment 2
Temporary easement Segment 2 being more particularly described as follows:
Commencing at the Southeast corner of said East I/2 of the Southwest I/4;thence North
00'40'49*'East (all bearings referenced to Grid North Iowa State Plane Coordinate System
South Zone),1,206.02 feet along the East line of said East I/2 of the Southwest I/4 to the
point of beginning;thence North 54'43'47"West,525.58 feet;thence North 63'09'33"
West,986.59 feet to the West line of said East I/2 of the Southwest I/4;thence North
00'46'45"East,113.50 feet along said West line;thence South 48'44'37 East,48.03 feet;
thence South 63'09'33 East,996.57 feet;thence South 54'43'47"East,470.15 feet to said
East line of the East I/2 of the Southwest I/4;thence South 00'40'49"West,109.32 feet
along said East line to the point of beginning,EXCEPTING THEREFROM above
described perpetual easement Segment 2.
Containing 90,798 square feet,more or less,Total area containing 167,748 square feet,more or
less.
Page 2 of 5
2.Use and Pur ose of Easement s .
This Easement shall be granted for the purpose 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 or building of any kind whatsoever shall be erected
upon property that is the subject of this Easement without the express written 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 will cease and terminate.
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,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.
4.~IU ht fA
The City shall have the right 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
structures placed or erected in the Easement Area.
5.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 kind 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.
6.Runnin 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,run with the land and are binding upon and inure to the heirs,
assigns,successors,tenants and personal representatives of the parties hereto.
Page 3 of 5
7.lurisdiction and Venue.
The City and the Grantor(s)agree the District Couit of the State of Iowa shall have
exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this
Easement and said patties 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 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
Philli s-Hamilton Inc.,their heirs,assigns,successors-in-interest,or lessees,if any.
10,A~tt
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 incuned in such
litigation.
~tt qi
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.
I 2.~Ph H d
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 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
Dtdth ~/dy f ,20~M.
Philli s-Hamilton Inc.City fW k
illia F.ear,Mayor
Attest:Attest:
Person and title d mmistratoi
STATE OF RsNRsFS Tiltsh:5 )
)SS:
COUNTY OF ~&E )
OFFICIAL SEAL
JOSE VILLEBAS
NOTARY PUBLIC,STATE OF ILUNCIS
MY COMMISSION EXPIRES 06ISSI0017
On this ~day of L)lv ,20~,before me,the undersigned,
a Notary Public in and for said county and state,personally appeared kill s«l isa,to
me personally known,who,being by me duly sworn,did state that they are the rst ryf,of said
corporation;that no seal has been procured by the said corporation;that said instrument was signed
b h If f ld h tl by th lty fit B d t'Dl t dth t ld ~tT'll
as such officer acknowledge the execution of said instrument to be the voluntary act and deed of
said corporation,by it and by him voluntarily executed.
Notary Public '
nd for the State of~
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
Onthis W day of ,20 l 7,before me,the undersigned,a
Notary Public in and for said C unty and State personally appeared William Peard and Tim
Moerman,to me 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.
,hats„REBECCA EL SCHUETT
T Commission Numtysr 71 6496
My Commission Expires
Msy 13,2020
Notary Public in and for the State of Iowa
Page 5 of 5
PSEPAIES BY:YEENSTSA B KINL INC.-Sm IESTSNN PABKNAY —IEST SES NDDEE IONA SBSBB"ISIS "(515)EEB-NO
OWNENN EASEMENT DRAWING
PHILLIPS-HAMILTON,INC.FOR SANITARY SEWER EASEMENT
FOR THE CITY OF WAUKEE,IA
W1/4 COWER
SECTION 33-79-36
FTNL'IOOT CAP
NGG '38'48"W 5.277,08'
PAICSL NW
1232400003
1232JI00001
E1/4 COWER
SECTION 32-79-36
FWO.'STOWE
re%."sp
)W
YO
0/
R"
~e.')W
N77'50'22 E422.00'
N79'49'45 E400.89'
55.00'
30.00'
tu
TA/
O
3z
N61 '34 '21 "E
469.92'
PERPETUAL
EASEWEWT
~C~&@8
Cg @r'
Yg
tu
o
CtO
ORIO NORTH
IOWA STATE PLANEP.O.C.COORDINATE SYSTEM
Si/4 CORNEA SOUTH ZONE
SECTION 32-79-26
FMN 5/8 RESAR
300K)l STREET (UNIVERSITY AVENUE)
Ia
gc
LEGEND
FOUND SECTION CORNER~PERPETUAL EASEMENT~SEGMENT 1 38.779 SQ.FT.
SEGMENT 2 "45.325 SQ.FT
TOTAL AREA 84 104 SG.FT.
N89 "38 '11 '
W 2,64'2.40 '
I'-"300'SECTION 33-79-36BECOWER
Fle 5/O'RESAR
5000300
«Iaael ee
oat «eeee
SANITARY SEWER EASEMENT IN
SE 1/4 SECTION 32-79-26
SNSg IAAD
Mw ~eelee \~ee eeee eee eeee le/Iaamese~neaaeeeaReA ~~ewe3
E-3
1 OF'.4
PBEPAIEB BY'.YESNCNA 6 KIIW,OC.—3000 NEBPONN PABKNAY -NEBT BEB NBII6,IBNA 50355-1330 -SIB)335"Bm
EASEMENT DRAWING PAEea.NP.
PHILLIPS-HAMILTON.INC.FOR SANITARY SEWER EASEMENT 1232300004
SDDK 581 Pa 146 FOR THE CITY OF WAUKEE IA 1232300002
N1/4 COPNER
BECTICN 53-7GGG
FN1 IOOT CAP
NSG'38'48 W 5,277.08'
BIN
~SIR
51/4 COPNER
BECTIOM 32-70-35
FINN STONE
b
g+
l0
N63'09'33"W
1,000.66'
O
CU
15.00'
30.00 'Al R
a'.EN
„@go
GRID NORTH
IOWA STATE PLANE
COORDINATE SYSTEM
SOUTH NOMEBNCGNENI
N54 '43 '47 "W
510.18'
P.O.C,
81/4 COENNEA
SECTION 32-70-25
FNN 5/8 REGAR
III
O
OO
i0 K
CN
I f/J
y.
OO
300th STREET (UNIVERSITY AVENUE)
N89 '53'07'W 2,643.29'
LEGEND
FOUND SECTION CORNER~PERPETUAL EASEMENT~SEGMENT 1 ~38.779 SQ.FT.
SEGMENT 2 ~45.325 SQ,FT
TDTAL AREA 84.104 SQ.FT.
300'
0 300 600
AlelWBI 4E
ISIK ~l"IT
SANITARY SEWER EASEMENT IN
E 1/2 SW 1/4 SECTION 32-79-26
VEEPNSISA a use ENe.~t44RM4W Ã84%45NIW ~INNW
E —3
2 DF 4
PREPSEB BY.'YEGGYllA 6 KINK Ift."3000 NEBTGN PAINAY -SSY lEB NBDES IBNA 50266-1320 "SB 225-Bm
ON%29 EASEMENT DRAVNNG
PHILLIPS-HAMILTON,INC.FOR SANITARY SEWER EASEMENT
FOR THE CITY OF WAUKEE.IA
Nl/4 CORNSI
SECTION 32-79-26
FlNN TOOT CAP
N89 '36'48"N 5.277.08'
PAYOEL O:
1232400003
1232400001
El/4 CORNER
SECTION 32-79-25
FINP.STONE
:sQ
IW
40
z~
N77'50'22 E422.00'
N79'49'45"E
400.69'
lu
lu
ILI
o
OO
m
I
PERPETUAL
EASEMENT
90.00
N61 '34'21 "E
469.92'
55.00'
25.00'
PERPETUAL
5AGEIENT
a
g~0/
f0
tu
CI
O
GRID NORTH
IOWA STATE PLANE
COORDINATE SYSTEM
SOUTH 70NEP.O.C.
91/4 C010ER
SECTION 32-79-25
FNN 5/8'REBAR
300th STREET (UNIVERSITY AVENUE)
lu
lu
LESBO
FOUND SECTION CORNEA
Emml TEMPORARY EASEMENT~SEGMENT 1 76,950 GQ.FT.
SEGMENT 2 90,798 SQ.FT
TOTAL AREA 167,748 SQ.FT.
KAla a'~'
WWI ap
alla aaal"u
0 300 600
CONSTRUCTION EASEMENT IN
SE 1/4 SECTION 32-79-26
3 DF 4
N89 '38'll"W 2,642.40'
BE COR%R1"300'SECTION 32-79-25
FN1 5/5'REBAR
REPAIE0 5P.YEBBRli 3 KINL OS.-3000 IESTQM PANIY -IEei IEe 90OES,105A 50355"1330 -f515i 3305N
EA8MENT DRAWING PAm36.63
PHILLIPS-HAMILTON,INC.FOR SANITARY SEWER EASEMENT 1232300004
BOOK 681 PABE 146 FOR THE CITY OF WAUKEE.IA 1232300002
WA/4 CQ9ER
6ECTIOW 33-79-26
PtC IOOT CAP
NBB '38'48'W 5,277.08'
g
mB)
Ei/4 CORNER
SECTION 32"79-36
Flee 6TOPE
8+
~Y
0/
0!
CU
o
65.00 '
25.00'
90.00'
PERPETUAL5:;.EASEMENT/I
L6
N
oo
40
PMA 5/3 N9MR
L1
L4
Le
L7
47'k 6351m'
OE!39'
4649'
%857'
470.16
K932'
L1
+
BRIO NORTH
IOWA STATE PLANE
COOROINATE SYSTEM
BOOTH ZONE
P.O.C.
Si/4 CORNER
SECTION 32-79-26 1
FWO 5/5 REBAR
L7 tu
o
o
oPo
40
ye
o3!
300UI STREET (UNIVERSITY AVENUE)
N89'53'07 "W 2,643.29'
m TEMPO
SESME
SEBME
TOTAL
MARY EASEMENT
NT 1 76,950 SQ.FT.
NT 2 ~90,798 SQ.FT
AREA 167.748 SO.FT.
~JIJ!5~'
LEBENO
k FOUNO SECTION CORNER 1'-3OO
0 300 BOO
CONSTRUCTION EASEMENT IN
E I/2 SW 1/4 SECTION 32-79-26 E-3
4 OF 4