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Home My WebLink About2017-07-10-Resolutions 17-322_NW Area Trunk Sewer Extension Phase 4 - Sanitary Sewer Easement - Leach Family FarmsTHE CITY OF WAUKEE,IOWA RESOLUTION 17-322 APPROVING SANITARY SEWER EASEMENT(S)RELATED TO THK NORTHWEST AREA TRUNK SEWER EXTENSION PHASE 4 PROJECT [LEACH FAMILY FARMS,INC.} IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA 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 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 Leach Family Farms,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 10"day of July,2017,that it hereby approves the Sanitary Sewer Easement(s)related to the Northwest Area Trunk Sewer Extension Phase 4 Project [Leach Family Farms,Inc.]in the amount of $36,393.93. Attest: i tat .ea d,Mayo 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 IIIII IIIIIIIIII flllllllllllllll IIIIIIIIIIIIIIIIIII Doc IDr'007246940007 Type:EASE Recorded:07/16/2017 at 06:42:66 AM Fee Arst:637.00 Page 1 of 7 Dallas County tous Chad C.Alrhart RECORDER File ff-20i7 i3792 Bill/Return to: /Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Pre med ht 'Traeis I I'eul vccnsrra &.Kimm Inc..1000 werronn pkrrr.weu Des rvtoines terra 10266 sl sl 221 srrcr) SANITARY SEWER FASEMENT S KNOW TO ALL )VIEN BY THESE PRESENTS: The undersigned,Leach Famil Farms Inc.,(hereinafter referred to as the "Grantor(s)n),of the City of Waukee,Dallas County,Iowa,in consideration of the sum ol''fhiit -Six Thousand Three I-lundred Ninet -Three and 93/100 Dollars $36393.93 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 Waukee,Iowa,a municipal Corporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer Easement"or "Easement(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 locatecl in part of the Northwest I/4 and in part of the Nortlwvest I/4 of the Southwest I/O of Section 32,Township 79 North,Range 26 West of the 5"' P.M.,Dallas County,Iowa.Said perpetual casement being a strip 30.00 feet in width lying 15.00 feet on each side of the following described line: Commencing at the Nortlwvest corner of said Section 32;thence South 89'46'42"East (all bearings referenced to Grid North iowa State I'lane Coordinate System South Zone),91.00 feet along the North line of said Nortltvvest I/O;thence South 00'13'l 8"West,20793 feet to a point on the South right-of-way line of I-lickman Roacl (Hirrhway 6),said point being the point of beginning;thence South 00'29'49"West,2,430.21 feet to a point on the North line of said Northwest I/4 of the Soutltyvest I/41 thence South 89'38'48"East,465.00 feet along said North line;thence South 48'44'37"East,999.22 feet to the East line of said Northwest I/4 of the Southwest I/O.The sidelines of said strip to be shortened or lengthened to terminate at the South right-ol'-v:ay line of Hickman Road (Highway 6)and at the East line of the Noithwest I/O of the Southwest I/O. Containing 116,832 square feet,more or less. Page i ofS Temporary Easement A temporary construction easement located in part of the Notshwest I/O and in part of the Northwest I/4 of the Southwest I/O of Section 32,Township 79 Notsh,Range 26 West ol'the 5'" P.M.,Dallas County,lovva.Said temporary easement being more particulmly described as follows: Commencing at the Northwest corner of said Section 32;thence South 89'46&42"East (all bearings referenced to Grid Notth Iowa State Plane Coordinate System South Zone),49.00 I'eet along the North line of said Northwest I/O;thence South 00'13'18"West,208.01 feet to a point on the South right-of-vvay line of Hickman Road (I-ligltvvay 6),said point being the point ofbeginning;thence South 89'53'12"East,90.00 feet along said South right-of way line;thence South 00'29&49"West,2,365.40 feet;thence South 89'38'48'*East,441.00 feet; thence South 48'44&37"East,968.00 feet to a point on the East line of said Northwest I/O of the Southwest I/O;thence South 00'46'45"West,118.32 feet along said Fast line;thence North 48'44&37"West,1,011.23 feet;thence North 89'38'48"West,507.86 feet to a point on the East right-ol'-way line of T Avenue;thence North 00'52'28"East,25.00 feet along said right-of-way line to a point on the North line of said Northwest I/O of the Southwest I/O; thence Notsh 00'29'49"East,1,319.00 feet along said East right-of-way line to a point on the North line of the Southwest I/4 of the Northwest I/4 ot said Section 32;thence South 89'42&45"East,10.00 feet along said North line and said Fast right-ol'-way line;thence Notsh 00'29&49"East,1,111.00 feet along said East right-of-way line to the point of beginning,EXCEPTING THEREFROM above described perpetual easement, Containing 244,838 square feet,more or less. 2.Usc and Pur ose of Easement s This Easement shall be granted for the purpose of locating sanitary sevver(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 tvithin the Easement(s)granted herein.No structure or building of any kind whatsoever shall be erected upon propetsy 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,thc City agrees, as part of the reconstruction,maintenance and patrolling of the Sewer(s)&to restore and replace thc 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, Page 2 of 5 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. ~.a~It PA The City shall have thc 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.Runnina 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. 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 terms and conditions ol'this Easemcnt 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.Patsies. 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 Leach Familv Farms,Inc.,their heirs,assigns,successors-in-interest,or lessees,if any. Page 3 of 5 10.Attornev's Fees. The City may enforce this instrument by appropriate action,and should they prevail in such litigation they shall recover as part ol'their costs the reasonable attorney's fees incurred in such litigation. 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. l2.~P;hH d'i 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 v homsoever. 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. Pa eaofs Dated this 3~~day of /,20 i 7. Leach Familv Irarms.Inc.Citv of I&y'aukee G„,~~.'V -c WAcv / 1 W I d 1 .a,ay'oi' Attest:Attest: ]r L ad:,f&y -:,, "a--yyC 7vv F/2'.. Person and title Tiili Moerman,.'ity Administrator STATE OF IQ%%~' ) )SSi b dr L& COUNTY OF ~S ) On this l fda day of X~,203 I,before me,the undersiy&ed.:iv t d I1 dt .."*d»ay I tx",d ~r Igy yy "re~55 dde n&e personally known,who,being by me duly sworn.did state that they aire thc .of said corporation;that no seal has bein&procured by the said corporation:that said instrument was signed on behalf of said corporation by authority of its Board of Directors'I illld that said as such officer acknowylcdge thc execution of said instiximent to be the voluntary act and deed ol' said corporation,by it and by hini voluntarily executed.~lAAPV d y'f'4V"y W 'CFFiCIAL SEAL' rt poNDExrErr Neieyvpubffe.sudsy etsffnefs,Notary public in and for the State of Iowa ,My Cemmnsien Expltes November 10,29&9 &~,n~~deMw~ STATE O I )YA COUNTY OF DALLAS )SS ) On this ~I%day of ,20 /7,before mc.thc undersigned,a Notary Public in and for said C mty m&d Stilte pcrsoiulllv appeaicd k'Vllllaiil I eai'il rind Tin& Moeiman,to mc personally kno&vn.who being by me duly swum,rlid say that they arc the Mayor and City Administrator of the City of Vv'aukce,iowa,a municipal corporation,cxciaiting the ivithin and foregoing instrument and acknoivlcdged that they executed thc smnc as their voluntary act and deed of ihe City of 'A'aukec,by it and by them volunttnily executed. epee IIBBECCA D.SCHUB77t0CbmmissionNumberyt&I9& My Commission Expires fftsy 13,2020 Notary Public in and for the State of Iowa Page 5 of 5 PBEPABED BY:YEENSTBA 6 KINK,INO.—3000 NESTONN PNiKNAY -NEST OES MlINEB,10NA 50266-1330 -(515l 225-6000 OWNER EASEMENT DRAWING PATNSLlo: LEACH FAMILY FARMS.INC FOR SANITARY SEWER EASEMENT 1232300001 BOOK 839 PACAE 879 FOR THE CITY OF WAUKEE,IA 1232100003 1232100001 r P.D.C. Nll CORNER Ni/4 CORNER SECTION 32-79"26 SECTION 32-79"26 FNDI I "PIPE ...FWO:IDDT CAPI2,'2'E 222. P.0.B. HICKMAN ROA~O(HIGHWAY 6) "I Ol lO N pe y+ 0! OO IU KC R-0-0 Rt.00' 0.0-0 Rl.00' SOD '29'49"W 2.430.21' ~0 @0'3 77.08' 92.00 l 2002222 Ild- ER OlIIEI 220 EEE Ill 20.00' 00,00' 648 '44 37 E Ei/4 CDRNER SECTIDN 32-79-26 FWD:STOWE ,+' p 3 SW CORNER SECTION 32-79-26 FND:6/8 RFBAR LESENO I FOUND SECTION CORNER PEAPETUAL EASEMENT 118,832 SQ.FT. 800 BRIO NORTH IOWA STATE PI.ANE COORDINATE SYSTEM SOUTH 70NE 202 I 20.20"IR 0222220 222022ffr SANITARY SEWER EASEMENT IN NW I/4 ANO THE SM 1/EI SECTION 32-79-26 SEIWBTSA 28 NANIK IAIC S&~~0200000000IR00 ~000000RRIRIREEERI REV E-/I 10F2 PBEPAREB BY;VEEHSTBA 8 KIHH,IHC.-3000 HESTOHH PARKWAY -HEST OES HDIHES,IOWA 50266-1320 -I515I 225-8000 OWNER EASEMENT DRAWING PAieELIB: LEACH FAMILY FARMS,INC FOR SANITARY SEWER EASEMENT 1232300001 FOR THE CITY OF WAUKEE.IA 1232100003 123210OODi NW CORNER Ni/4 CORNER SECTION 32-79-26 SECTION 32-79-26 FNOI'1 "PIPE FNO:IOOT CAPSBB'46'42"E 2.642.58' SOO '13'18'W I 208.01'HICKMAN ROA~D(HIGHWAY 6) 1 CI' tll IPl 10 CCI 90.00'y+ ~+ CC CF CCZ Uf 9-0"8 50.00' .0-0-W 40.00' ~PERPETUAL 0 EASEMENT 100.00' 8+ 00,00' ,LPF:T7 I 07 IIF LBE EEARTNB DISTANCE Li SBB'53'AB'6 90.00 L2 800 '29 '49'W 236540 L3 689 '36 '483 441.00 L4 648 '44 37 E 95799 ' L5 SOD'46'45'W N832' LB N46 '44 '37 W ID 11.23 L7 NBB '38'48'W 5D7.66 NDO '52 28 "E 25.00 L9 NDO '29 '49 "E 1319.00 L10 689'42'45'2 L11 NOD'29'49"E 1111.00' N89 '36 '48 W 77.08' LB L7 40.DD' I CCCFUI Z I 6I I Cf I IU CC I'll I Cf SO g+ KIP 00 00.00' Ei/4 CORNER I SECTION 32-79-26 FNO:STONE III I I SW CORNER SECTiON 32-79"26 FNO:5/8"REBAR LEBENO FOUNO SECTION CORNER gg TEMPORARY EASEMENT 244,838 SQ.FT. 40 I BRIO NORTH IOWA STATE PLANE COOROINATE SYSTEM SOUTH EONE IKC I Ctt CC-I1 CCCCZI ZIIIICCT CONSTRUCTION EASEMENT IN NW I/4 AND THE SN I/O SECTION 32-?9-26 Clif %+el-IT CCCCMCcfcff fCTMTCT ~ICcCSCTCAAITCCIccfMCCPCCCC HHPISIEA Sl cfll ~FcH INC CI11CCCCZC ~CTC4CC4CCCOWO ~CZcCCPCCCCICCCTZ OWB.NO, AEV 1 E —4 2 OF 2