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Home My WebLink About2017-12-04-Resolutions 17-559_South Outfall Sewer - Temp Easement - WolfordTHE CITY OF WAUKEE,IOWA RESOLUTION 17-559 APPROVING TEMPORARY EASEMENT FOR CONSTRUCTION RELATED TO THE WAUKEK SOUTH OUTFALL SEWER EXTENSION PROJECT [BRENT R.WOLFORD AND REBECCA L.WOLFORD] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'zl UKEE,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 Temporary 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 Temporary Easement for Construction,which is attached hereto. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 4'"day of December,2017,that it hereby approves the Temporary Easement for Construction related to the Waukee South Outfall Sewer Extension Project [Brent R.Wolford and Rebecca L. Wolford]in the amount of $L00. Anna Bergman,Mayor Pro Tem 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 IIIIIIIIIIIIII IIII IIIIIIIIIIIIIII IIIIIIIIIII III Doc ID:007571500005 Type:EASE Recorded:12/11/2017 at 05:45:05 AM Fee Ant:$27.00 Page 1 of 5 Dallas County Iowa Chad C.Alrhart RECORDER Ellen-20|7 24095 Bill/Return to: Becl&y Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Preparedby:ForrestAldrich,Veenstra&Kimm,Inc.(5I5)225-8000 Veenstra &Kimm,Inc.,3000 Westown Parkway,West Des Moines,IA 50266-1320 Project:Waukee South Outfall Sewer Project Location:470 Painted Woods Drive TEMPORARY EASF MENT FOR CONSTRUCTION Brent R.Wolford and Rebecca L.Wolford husband and wife (hereinaiter referred to as the "Grantor"),in consideration of One and 00/100 Dollars I 00 to be paid by the City of Waukee,Iowa (hereinafter referred to as the "City"),does/do hereby convey unto the City of Waukee,Ioiva,a municipal corporation organized under the laws of the State of Iowa,a Temporary Easement for Construction under,over, through and across the following described property: A temporary construction 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 temporary easement being more particularly described as follows: Beginning at the Southeast corner ot'said Outlot 17A;thence South 74'25'26u West (record bearing),85.78 feet along the South line of said Outlot 17A;thence North 40'24'39"West, 320.37 feet;thence North 16'31'39u West,60.41 feet to the North line of said Lot 16;thence North 87'37'59o East,82.51 feet along said North line;thence South 16'31'39u East,23.31 feet; thence South 40'24'39u East,331.17 feet to the East line of said Outlot 17AI thence South 25'54'34s East,8.58 feet along said East line to the point of beginning,EXCEPTING THEREFROM an existing sanitary sewer easement as shown on said Painted Woods Final Plat recorded in Book 2004 on Page 19618 in the Dallas County Recorder's Office and sanitary sewer easement as shown on Exhibit PE-8 sheet I of 2. Containing 13,383 square feet,more or less. Which property is also described and depicted on the plat attached hereto as Exhibit TE-S. !i/tu!Pace!of 3 (hereinafter referred to as the "Easement Area").Said Easement allows the City,its agents,contractors and employees the right to enter in,upon and onto the above described Easement Area for the purpose of any and all construction and reconstruction-related activities,and includes but is not limited to the following:(I)grading and excavation;(2)hauling,transporting and storage of materials and equipment;(3)trimming and/or removal of trees and landscaping within or encroaching upon the Easement Area;(4)utility work including but not limited to relocation,placement and removal oF various utility facilitiessuchaselectricpolesandwires,water lines,sewer lines and natural gas facilities that are within or encroaching upon the Easement Area;and (5)laying,constructing,maintaining,operating,repairing and removing underground conduit,wires,cables,poles,guys,guy stubs,anchors and other necessary equipment incident thereto (including but not limited to transformers,switchgears,capacitors and otherassociatedsurfacemountedequipment)during the construction of the Waukee South Outfall Sewer project. It is understood that,upon completion of this project,the City shall restore the Easement Area to itsoriginalconditionasreasonablypossible,including but not limited to restoration of lawns by sodding or seeding,replacement of concrete or asphalt driveways removed for grading or access purposes,andreplacementoffencesorotherstructuresthatmayberemovedordamagedbytheCityduringthecourseofconstruction,except that the following items shall not be restored by the City but are insteadcompensatedfortheconsiderationpaidforinthisEasementbytheCityassetforthabove.(List itemsbeloworstate"none"). NONE It is further understood that the consideration set forth in this Easement shall constitute full and adequatecompensationfordamagestotheabovelisteditems. It is further understood that the foregoing Easement and release shall be null and void and of no effectwhatsoeverunlessacceptedbytheCityandshallbesubjecttothefollowingtermsandconditionstowhichtheCity,upon acceptance of this instrument by the City,shall be deemed and to have stipulatedandagreed: 1.DURATION.It is understood and agreed that this Easement allowing entry in,upon and onto theEasementAreadescribedshallbeineffectbeginningonthedatethattheGrantorsignsthis document until completion of construction of this improvement above described and the City'sperformanceofitsobligationhereunder.This Easement shall be binding on Grantor and on Grantor's successors and assigns during construction of this improvement. 2.REMOVAL OF K UIPMENT It is further understood and agreed that the City will remove all ofsaidmaterialsandequipmentfromtheabovedescribedpremiseswithin10daysaftertheabovedescribedprojecthasbeencompleted. 3.SPECIAL PROVISIONS.NONE. Signedthis ~+dayof N~~~!k ,20 /7. Brent W ford ecca L.Wolford I I 6 ii:V u,e t or 3 Acknowledgement State of County of day o hJOnthis r 20 efore me,a Notary Pu lic,ersonallyappearedand(signatoryname)„to me known to be the person named in and who executed the foregoing instrument,andacknowledgedthataridecutedeseashis/her/eir voluntary act and deed. otary Signature Notary Public in the state of BETH RICHAFIDBON'A CN nemmies|on Number rut»t My j Expires ACCEPTANCE BY CITY: f~!~Mfftft;City Clerk of the City of Waukee,lowe,do hereby certify that the within andforegoingEasementwasdulyapprovedandacceptedbytheCityCouncilofsaidCityofWaukeebyRItldltIICII~.~li-55 .0 d adfNdtrn 20rL,d ttl dip ImadepursuanttotheauthoritycontainedinsaidResolution. City Clerk of the ity of Waukee,lowe Approved As To Form: Attorney for the City of Waukee,lowe 1126217:ra 0".Ci'3 EASEMENT DRAWING BRENT R.WOLFDRD OF PERPETUAL SANITARY SEWER EASEMENT REBECCA L.WOLFORD BEING CONVEYED TO THE ADDRESS.' BCKDK 2017 PAGE 10957 CITY OF WAUKEE.IOWA 470 PAINTED WOODS DRPARCELID:WAUKEE,IA 50263 1608176063 I I 90 00 A0 L5 L II«BEARDS DISTANCE %74 252(T M5.78 L2 N40 '24 '39 W 320.37 L3 N16 '3('%If 8041 L4 N87'3759"E 82.51 L5 S16 '31'395 2331 L6 S40 '24 '39 "E 33637 L7 S25 '54 34 "E 8.58 60' 6'/4,4 LDT 16 OO0LOT17 L7 EASEl« SEWER L1NIIARV EXIST™ OUTLOT "17A" Q IJI ' CC IQQQ ~LIMQ.IJI QQIeQ I I I J LEGEND FOUND SECTION CORNER ~FOUND PROPERTY CORNER I I EXISTING SANI ARV (SEWER,P U E,IANDOUTLOT-4A I TRAIL EASEHEIIIT I pAINTED (WOODS PLAT(3 Q (M)'AS MEASURED DISTANCE OR BEARING (R)AS RECORDED"DISTANCE OR SEARING TEMPORARY EASEMENT 13,383 SQ.FT. 50 Revf/TJP 100 SOUTH OUTFALL EXTENSION REV 1 10-29-17'CHANGEO ALIGNMENT l%3MGTMA 3 KINK,IHC.3000 KeeveKM PAAKKJV KEGT 023 NOIMEG.10KJ 30236-4320 iviv iv Rev/8 ExHIBIT T E 8 SHEET 1 OF 2 EASEMENT DRAWING BRENT R.WOLFORD OF PERPETUAL SANITARY SEWER EASEMENT REBECCA L.WOLFORD BEING CONVEYED TO THE ADDRESS: BOOK 20i7 PAGE 10957 CITY OF WAUKEE,IOWA 470 PAINTED WOODS DR PARCELID:WAUKEE,IA 50263 1608176063 LEGAL DEBCRIPTION A temporary construction easement located in Lot 16,Lot 17 and Outlot 17A.Painted Woods,an Official Plat.now included in and farming a part of the City af Waukee.Dallas County,Iowa.Said temporary easement being mor e particularly described as follows: Beginning at the Southeast corner of said Outlot 17A;thence South 74'25'26"Nest (record bearing),85.78 feet.along the South line of said Outlot 17A;thence North 40'24'39"Nest, 320.37 feet;thence North 16'31'39 West.60.41 feet to the North line of said Lat 16:thence North 87'37'59"East,82.51feetslangsaidNorthline;thence South 16'3i'39"East.23.31feet;thence South 40 '24'39"East,331.17 feet to the East line of said Outlot 17A;thence South 25 '54134"East,8.58 feet along said East line to the point of beginning.EXCEPTING THEREFROM an existing sanitary sewer easement as shown onsaidPaintedWoodsFinalPlatrecordedinBook2004anPage 19618 in the Dallas County Recorder 's Office and sanitarysewereasementasshownonExhibitPE-8 sheet 1 of 2. Containing 13.383 square feet,more or less . Revf/TJP SOUTH OUTFALL EXTENSION REV I 10-29-17'CHANSEO ALISNNENT VEENSIIIA 6 KINK INC, 3000 NESTOKN PARKNAV NEST OES NOINES,IOIIA 50366"1330 ExHIE)x T T E 8 Rev/9 SHEET 2 QF 2