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Home My WebLink About2017-07-10-Resolutions 17-323_South Outfall Sewer - Sanitary Sewer Right-of-Way Easement - GrewellTHE CITY OF WAUKEE,IOWA RESOLUTION 17-323 APPROVING PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY RELATED TO THE WAUKEE SOUTH OUTFALL SEWER EXTENSION PROJECT [DEAN R.GRKWKLL III AND PALMA C.GREWELL} IN THENAMEANDBYTHEAUTHORITYOF THE CITYOF WAUKEE,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 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 Dean R. Grewell III and Palma C.Grewell and legally described as referenced in Exhibit A,Easement Area,of the Permanent Easement for Sanitary Sewer Right-of-Way,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 Permanent Easement for Sanitary Sewer Right-of-Way related to the Waukee South Outfall Sewer Extension Project Dean R.Grewell III and Palma C.Grewell]in the amount of $27,072.85. tlliam F.Pe rd,Mayo Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYK X X X X X NAY ABSENT ABSTAIN IIIIII IIIIIIIIIIIII IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII III Doc ID:007246920006 Type;EASERecorded:07/ia/20t7 at 06:40:29 AMFeeAmt:632.00 Page 1 of 6DallasCountyIowa Chad C.Airhart RECORDER Fi lets-20i7 -i3790 7 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Prepared by:Forrest Aldrich.Veenstra 6 Knntn,Inc.(51st 225-tl000 Project:South Outfall Sewer/WRA Waukee Outfall,Phase 28 project Location.Along Sugar Creek Neith of Ashworth Road in the Glynn Village plat 8 and 10 Subdivisions PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY Dean R.Grewell III and Palma C.Grewell husband and wife (hereinafter referred to as the "Grantor"),in consideration of the sum of Twent -Seven Thousand Sevent -Two and 85/100 Dollars ~$27072.85 t b pidbyb city rW k,t,d id b by y t tb oty fbv k Iowa,a municipal corporation organized under the Iowa Code (hereinafter referred to as the "City")a Permanent Easement for Sanitary Sewer Right-of-Way under,over,through and across the following described property: A perpetual sanitary sewer easement located in Parcel C of Government Lot 14 and part of Government 13,Section 5,Township 78 North,Range 26 West of the 5m P.M.,Dallas County,Iowa,as shown on the Plat of Survey recorded in Book 2002 on Page 207 in the Dallas County Recorder's Office.Said perpetual easement being a strip 30.00 feet in width lying 15.00 feet on each side of the following described line: Commencing as a point of reference at the Southwest corner of said Parcel C;thence North 83'30'15n East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),325.42 feet along the South line of said Parcel C to the point of beginning;thence North 55'48'57n West,136.84 feet;thence North 30'08'13n West,174.50 feet;thence North 07'02'25s East,150.00 feet;thence North 14'5705"East,242,00 feet;thence North 85'47'37"East,300.00 feet;thence North 1030'41"East,26.29 feet to the South line of an existing public utility easement according to the document recorded in Book 2016 on Page 17065 in the Dallas County Recorder's Office.The sidelines of said strip to be shortened or lengthened to terminate at the South line of said Parcel C and the South line of said public utility easement. Containing 30,889 square feet,more or less. Which property is also described and depicted on the plat attached hereto as Exhibit PE-22. (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,together with the necessary appurtenances thereto,under,over and through said Easement Area. This Easement shall be subject to the following terms and conditions: 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. 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 rights 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 right to enter in,upon and onto the Easement Area at any time to perform any and all activities related to or necessary for the construction,reconstruction,repair,enlargement or maintenance of the sanitary sewer, 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 facilities that are within or encroaching upon the Easement Area.This right of access shall begin on the date that Grantor executes this document. EASEMENT 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 this Easement to the WRA,as the City intends to assign or quit claim all its interest in the Easement Area to the WRA upon completion of the construction of the project and acceptance of the project 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 Waukee to the WRA Conveyance System. The City shall provide a physical connection point to the sanitary sewer at no cost to the Grantor(s)for a future sanitary sewer extension.The Grantor(s)are hereby granted the right to connect Grantor(s)existing residence to said connection point at Grantor(s)expense.The connection shall be made by extending the City provided sewer stubout.The sewer service extended from the Grantor's residence shall connect to the sanitary sewer stubout.The sanitaty sewer extension and sewer service will be at the Grantor(s)expense. If more than one residence is ever connected to the sanitary sewer within the Easement Area a manhole shall be installed at Grantor's expense at the end of the 8-inch stubout and all sewer services shall be connected through the manhole.Individual residences cannot be connected directly to the sanitary sewer or directly to a manhole on the sanitary sewer except the one residence into the one manhole as described hereinbefore. 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. Words and phrases herein including acknowledgment hereof shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. Signed this /~day of Mloo4C ,20 /7. De Grewell,IBG' Palma C.Grewell DONATION (OPTIONAL) It is the understanding of the Grantor that,although the City will provide compensation for the granting of this propetty,it is the Grantor's wish to donate this permanent easement and not receive said compensation,and Grantor waives any and all rights to compensation. Acknowledgement State of County of On this day of ss. PER ,20,before',gJVotaty Public,personally appeared and L .(%r"(signatory name),to me known to e the person named in and who executed the foregoing instrument,and acknowle ~that and cut d the sa e as his/her/their voluntary act and deed. otary Signature Notary Public in the state of ~ APPRO saVW Wt:HaRDsohiX~e oeiuintsuen Number 701Ht sty Attorney or the City of Waukee,Iowa City Approval and Acceptance: I,Q~O 6.~@,City Clerk of the City of Waukee,Iowa,do hereby certify that the within and foregoing Easement was duly approved and accepted by the City Council of said City of Waukee by Resolution and Roll Call No.~lg~,passed on ~(~~I,20 I 1,and this certificate is made pursuant to the authority contained in said Resolution.f City Clerk of the City of Waukee,owa EASEMENT DRAWING OF PERPETUAL SANITARY SEWER EASEMENT BEING CONVEYED TD THE WRA DEAN R.GREWELL,III PALMA C.GREWELL 31366 312t)1 PLACE BOOK 2000 PAGE 10639 0 WAUKEE,IA 50263 PARCEL IDI 1605100032 50'(N)HG CORNER )1 314.50'( GDVEAWMGHT LDT 14 NBB 20 02 ~™i 314.' FHO 1/2 PIPE L HW CDAHGA GOVERNMENT LDT 14 3(2t)Y PLACE FWD:3/4 "PIPE W/YELLDC CAPQ M10.30,41.E(M)EASGMEMT J 25 29.(M) BK2D16 PG17665 Iu O«o.o. /1zo o trl rv MG5'47'37"E (M) 300.00'()0 M14 '57'05'E (M) 242.00'(M) SOUTH BIGHT-DF-WAY LINE 312th PLACE P)KRCE 0203 BIK2002 " P 0 8 1 323 38' N83',E(R)1 1. ',30 15"E (Ml '323 50'()30 '(5'Ej(M) HB t/4 TA RR((42 76-266 GP «SC 5 N82 '43 «14 1 LDT /4P.G.C. GW CORNER PARCEL C pt(YAEH 76 2(p FMDl 3/4'PIPE PK)C M07'02'25"E (M) 150 .00 ' (M) N30'DB'13"W (M)SE CORNEA 15.96'174,50 ' lM)FMD:3/4 PIPE PARCEL C W/YELLDC CAPV 3169 M55'48'57'W (M)LPl135.84'lM)R«H~T z cc uJ uJ lO OOo lm O'e ooooozz LEGEND FOUND SECTION CORNER 0 FOUND PRQPEFITY CORNEA AS NOTED (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING PERPETUAL EASEMENT 30.889 SQ.FT. GRID NQPTH IOWA STATE PLANE CQQFlDINATE SYSTEM SOUTH ZONE SOUTH OUTFALL EXTENSION AEV 1 05-19-17.CHANGED PERPETUAL ALIGNMENT I hereby certify that this land surveying document was prepared anrl the relaterl survey worK was performed by me or under my direct personal supervroon and that I am a duly licensed Land surveyor unrler the laws af the state of Iowa. Signed Date aoljijY J. g Waddeleno Nwo. lasso IDWI -/7-/7 Bobby J.Hadda]eno.P.L.S. loire License Ho.J9960 wy license renewal sate is December 3t.2oi7 Drawin s covered b this seal sheet i of 2 snd sheet 2 of 2 Rev 1/TJP Aev/By VGEHSTAA 6 KIMM,IHC. 300D WGSTDWH PARKWAY WEST DGS MOINES.IOWA 5D266-132D 515-395-Gbog EXHIBIT SHEET 1 OF 2 EASEMENT DRAWING OF PERPETUAL SANITARY SEWER EASEMENT BEING CONVEYED TO THE WRA DEAN R.GREWELL,III PALMA C.GREWELL 3i368 312th PLACE BOOK 2000 PAGE 10639 WAUKEE,IA 50263 PARCEL ID: 1605100032 LEGALDESCRIPTION A perpetual sanitary sewer easement located in Parcel C of Government Lot 14 and part of Government 13,SectIon 5,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,as shown on the Plat of Survey Recorded in Book 2002 on Page 207 in the Dallas County Recorder 's Office.Said perpetual easement being a st.rip 30.00 feet in width lying 15.00 feet on each side of the following descr ibed line: Commencing as a point.Of reference at the Southwest corner of said Parcel C;thence North 83 '30'15"East (all bearings referenced to Gr id North Iowa State Plane Coordinate System South Zone).325.42 feet along the South line of said Parcel C to the point of beginning; thence North 55 48 '57"West,136.84 feet;thence North 30 '08 '13"West,174 .50 feet;thence North 07 '02 '25" East,150.00 feet;thence North 14 '57'05"East.242.00 feet;thence North 85 '47'37"East,300.00 feet;thence North 10 '30'41"East,26.29 feet to the South line of an existing public utility easement according to the document recorded in Book 2016 on Page 17065 in the Dallas County Recorder 's Office.The sidelines of saidstriptobeshortenedorlengthenedtoterminateatthe South line of said Parcel C and the South line of said public utility easement. Containing 30,889 square feet,more or less. SOUTH OUTFALL EXTENSION REV 1 05-19-17.CHANGED PERPETUAL ALIGNMENT Rev1/TJP VEENSTRA 6 KIMM,INC. 3000 WESTOWN PARKWAY WEST OES MOINES.IOWA 50266-1320515-225-6000 EXHIBIT Rev/By SHEET 2 OF 2