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Home My WebLink About2017-12-04-Resolutions 17-558_South Outfall Sewer - Sanitary Sewer and Public Access Trail ROW - WolfordTHE CITY OF WAUKEE,IOWA RESOLUTION 17-558 APPROVING PERMANENT EASEMENT FOR SANITARY SEWER AND PUBLIC ACCESS AND TRAIL RIGHT-OF-WAY RELATED TO THE SOUTH OUTFALL SEWER PROJECT [BRENT R.WOLFORD AND REBECCA L.WOLFORD] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UICEE,IOWA 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 and Public Access and Trail Right- of-Way Easement is necessary for the purpose of construction of the Waukee South Outfall Sewer Extension Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Brent R. Wolford and Rebecca L.Wolford and legally described as referenced in Exhibit A,Easement Area,of the Permanent Easement for Sanitary Sewer and Public Access and Trail Right-of-Way, which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this4"day of December,2017,that it hereby approves the Permanent Easement for Sanitary Sewer and Public Access and Trail Right-of-Way related to the South Outfall Sewer Project [Brent R. Wolford and Rebecca L.Wolford]in the amount of $1.00. Anna Bergman,Mayor Pro Tem QgbAA Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X NAY ABSENT ABSTAIN X X IIIII I II II II IIIIIIIIII IIIIIIIIIIII IIIIIIIIIII Doc ID:007371610006 TVne:EASE Recorded'.12/11/2017 at 08.45.25 AM Fee Amt:$32.00 Page 1 of 6 Dallas County Iowa Chad C.Alrhart RECORDER F11err -2017 24096 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,iA 50263 Prepared by:Forrert Aldrich,Veensrra a Kimm,Inc.IS I st 225-8000 Project:Waukee South Outfall Sewer Project Location:470 Painted Woods Drive PERMANENT EASEMENT FOR SANITARY SEWER AND PUBLIC ACCESS AND TRAIL RIGHT-OF-WAY Brent R.Wolford and Rebecca L.Wolford husband and wife (hereinafter referred to as the "Grantor"),in consideration of the sum of One and 00/100 Dollars 100 to be paid by the City of Waukee,lowe,does/do hereby convey unto the City of Waukee,lowe,a municipal corporation organized under the Iowa Code (hereinafter referred to as the "City")a Permanent Easement for Sanitary Sewer and Public Access and Trail Right-of-Way under,over,through and across the following described property; A perpetual sanitary sewer and public access and trail easement located in Lot 16,Lot 17 and Outlot 17A,Painted Woods,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa.Said perpetual easement being a strip 40.00 feet in width lying 20.00 feet on each side of the following described line: Commencing at the Southeast comer of said Outlot 17A;thence South 74'25'26"West (record bearing),54.60 feet along the South line of said Outlot 17A to the point of beginning;thence North 3&'21'10e West,34.87 feet;thence North 41'42'26"West,219.44 feet;thence North16'31'39e West,109.00 feet to the North line of said Lot 16.The sidelines of said strip to be shortened or lengthened to terminate at the South line of said Outlot 17A and at the North line of said Lot 16. Containing 14,534 square feet,more or less. Which property is also described and depicted on the plat attached hereto as Exhibit PE-8. (hereinafter referred to as the "Easement Area")for all activities related to the purpose of the City constructing,reconstructing,repairing,enlarging and maintaining a sanitary sewer and public recreational trail,together with the necessary appurtenances thereto,under,over and through said Easement Area. This Easement shall be subject to the following terms and conditions: 1.ERECTION OF STRUCTURES PROHIBITED Grantor shall not erect any structure over or within the Easement Area without obtaining the prior written approval of the City. Mrsrli page r cf4 PLANTINGS.The planting of trees and shrubs is prohibited within the Easement Area. CHANGE OF GRADE PROHIBITED.Grantor shall not change the grade,elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. RIGHT OF ACCESS.The City,its agents,contractors,employees and assigns shall have the right of access to the Easement Area and have all rigehts of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described.This Easement further allows the City,its agents,contractors,employees and assigns the rivet to enter in,uponandontotheEasementAreaatanytimetoperformanyandallactivitiesrelatedtoornecessaryfortheconstruction,reconstruction,repair,enlargement or maintenance of the sanitary sewer and public recreational trail,including but not limited to the following activities:(l)grading and excavation;(2)hauling,transporting and storage of materials and equipment;(3)removal of any unauthorized plantings or structures placed or erected within the Easement Area;(4)trimming and/or removal of trees,shrubs,and landscaping within or encroaching upon the Easement Area; and (5)utility work including but not limited to relocation,placement and removal of various utility facilities such as electric poles and wires,water lines,sewer lines and natural gas facilitiesthatarewithinorencroachingupontheEasementArea.This rigeht of access shall begin on the date that Grantor executes this document. EASEMKNT RUNS WITH LAND.This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's successors and assigns. APPROVAL BY CITY COUNCIL.This Easement shall not be binding until it has received final approval and acceptance by the City Council of the City of Waukee by Resolution,which approval and acceptance shall be noted on this Easement. SPECIAL PROVISIONS.Nothing herein prevents the assignment or conveyance of all or partofthisEasementtotheWRA,as the City intends to assign or quit claim all or part of its interest in the Easement Area to the WRA upon completion of the construction of the sanitary sewer and acceptance of the sanitary sewer by the WRA in accordance with the Chapter 28E Agreement between the City of Waukee,Iowa and the Des Moines Metropolitan Wastewater Reclamation Authority for the Financing,Design and Construction of the Waukee Interceptor Sewer to Connect KVaukee to the WRA Conveyance System. Grantor does hereby covenant with the City that Grantor holds said real estate described in this Easement 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 premises 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. 11lsl17.Page 2 o!4 20 I'7 Words and phrases herein including acknowledgment hereof shall be construed as in the singular orpluralnumber,and as masculine or feminine gender,according to the context. Signed this 3&day of IVu~@"t'+ Brent .W Iford cca L.Wolford Acknowledgement State of County of f ss. On this'day of „20 before me,a Notary Public personallyappearedand(signatoryname),to me known to be the person named in and who executed the foregoing instrument,andacknowlededthatand cute the e as his/her/their voluntary act and deed. otary Signature Notary Public in the state of BETH RIGHAROBGH'g ~Commission Number 701731 My m 'n Expires pace 3 ar 4 APPROVED AS TO FORM Attorney or e City of Waukee,Iowa City App roval and Acceptance: I,tdf 0.Jt ity Clerk of the City of Waukee,Iowa,do hereby certify that the within andforegoingEasementwasdulyapprovedandacceptedbytheCityCouncilofsaidCityofWaukeebyRIIdRIICIIN.~1'H 0 K ~usfaf f,20J2,dill rtieMmadepursuanttotheauthoritycontainedinsaidResolution. City Clerk of the tty of Waukee,Iowa Page 0 of 0 EASEMENT DRAWING BRENT A.WOLFORO REBECCA L.HOLFORD BOOK 2017 PAGE 10957 PARCEL IO: 1606176063 'I 'I ADDRESS: 470 PAINTED HOODS OR WAUKEE,IA 50263 S SAR CREEK ESTATES OF PERPETUAL SANITARY SEWER AND PUBLIC ACCESS AND TRAIL EASEMENT BEING CONVEYED TO THE CITY DF WAUKEE,IOWA 00 0 20,00 N16 31A39 W (MBA~X109. F00 ' (M) CO CA 0 +000 Vp i0 LOT 16 PLATTED EASEMENT LINES TO BE VACATED N41 42 '26"H (MGR)219,4~4'M) 00 LOT 17 0@ UJ-2: CC I CJ CO COCJU CO I- UJW ILOICO 'I 'I WDDDS PLAT)3 3 PAINTED ul EA SAGE I OAGEO \ WHITEST "-21 IO"" STING 5 —)036 4,BT~).IA (IAGB B(26 OO OUTLOT "17A"~BIA rA(B I I (EXISTING SAWI AAY (SEWER P U E IANOOUTLOT-4A I TRAIL EASEMEIIT o~ o~ LEGENDi FOUND SECTION CORNER ~FOUND PROPERTY CORNER (M)AS MEASURED'DISTANCE OR BEARING (R)AS RECORDED"DISTANCE OA BEARING I%%8!PERPETUAL EASEMENT EEEEEW 14,534 SQ.FT.50 100 SOUTH OUTFALL EXTENSION YEEKOIOA 0 KIWK.INC. 3000 WESIOWH PAOKWAY WEOI OES KOIWEE.IOWA EOEEE-I320 ExHIBIT P E —8 Aev/B SHEET I OF 2 EASEMENT DRA WING SRENT R.WOLFORD OF PERPETUAL SANITARY SEWER AND REBECCA L.WOLFORD PUBLIC ACCESS AND TRAIL EASEMENT SOON 20 f 7 PAGE f 0957 BEING CONVEYED TO THE CITY OF PARCEL ID: WAUKEE.IOWA 1606176063 ADDRESS.' 470 PAINTED WOODS DR WAUKEE,IA 50263 LEGAL DESCRIPTION A perpetual sanftar y sewer and bike trail easement located in Lot 16. Lot 17 and Outlot 17A.Painted Woods.an Official Plat,now included in and forming a part of the City of Waukee.Dallas County,Iowa. Said perpetual easement being a str ip 40.00 feet in width lying 20.00feetoneachsideofthefollowingdescyibedline: Commencing at the Southeast corney Of Said Outlot 17A:thence South 74 25'26"West (record bearing),54,60 feet along the South line of said Outlot 17A to the point of beginning;thence North 36 21'10"West.34.67 feet:thence North 49'42'26L West.219.44 feet:thence North 16'31'39"West,109.00 feet to the North line of said Lot f6.The sidelines of said str ip to be shortened or lengthened to terminate at the South line of safd Outlot 17A and at the North line of said Lot 16. Containing 14.534 square feet.more or less. SOUTH OUTFALL EXTENSION VEENSTRA 6 KINK INC. 3660 NESTONN PARKNAT NEST OES NOINES,IONA 50366-1330 EXHIBIT P E —8 Rev/By SHEET 2 OF 2