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Home My WebLink About2017-07-10-Resolutions 17-324_South Outfall Sewer - Temp Construction Easement - GrewellTHE CITY OF WAUKEE,IOWA RESOLUTION 17-324 APPROVING TEMPORARY EASEMENT FOR CONSTRUCTION RELATED TO THE WAUKEE SOUTH OUTFALL SEWER EXTENSION PROJECT [DEAN R.GREWELL HI AND PALMA C.GREWELL] IN THE NAMEAND BY THEAUTHORITYOF THE C1TY OF 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 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 Dean R. Grewell III and Palma C.Grewell 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 10"day of July,2017,that it hereby approves the Temporary Easement for Construction related to the Waukee South Outfall Sewer Extension Project [Dean R.Grewell III and Palms C. Grewell]in the amount of $1,799.50. W tam F.ear,ayor 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded:07/18/2017 at Osi41:59 ArlFeeAnt:$32.00 Page 1 of 6DallascountyIowaChadC.Airhart RECORDERFrise 8820i7 Pui379i Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Prepared by:Forrcst Aldrich,Veenstra Ek Kimm,Inc.1515)225-8000 Veensrra /k Kimm,inc.,3000 Westown Parkway,West Des Moines,IA 502&is-1320 Prolecr:Waukee South Outfall Extension Project Location.Along Sugar Creek North of Ashworth Road in the Olynn Village Plat 8 and 10 Subdivisions TEMPORARY EASEMENT FOR CONSTRUCTION Dean R.Grewell III and Palma C.Grewell husband and wife (hereinafter referred to as the "Grantor"), in consideration of One Thousand Seven Hundred Ninet -Nine and 50/100 Dollars $1 799.50)to be paid by the City of Waukee,Iowa (hereinafter referred to as the "City"),does/do hereby convey unto the City of Waukee,Iowa,a municipal corporation organized under the laws of the State of Iowa,a Temporary Easement for Construction under,over,through and across the following described property: A temporary construction easement located in Parcel C of Government Lot 14 and part of Government 13,Section 5,Township 78 North,Range 26 West of the 5$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 temporary easement being more particularly described as follows: Commencing as a point of reference at the Southwest corner of said Parcel C;thence North 83'30'15u East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),256.38 feet along the South line of said Parcel C to the point of beginning;thence North 55'48'57"West,48.58 feet;thence North 30'08'13n West, 267.86 feet;thence Norrh 07'02'25u East,135.15 feet;thence North 14'57'05n East, 255.16 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., thence North 85'35'58u East,376.61 feet along said public utility easement;thence South 04'24'02u East,50.53 feet;thence South 85'47'37e West,319.79 feet;thence South 14'57'05"West,222.49 feet;thence South 07'02'25n West,106.77 feet;thence South 30'08'13e East,228.36 feet;thence South 55'48'57u East,37.36 feet;thence North 8330'15n East,30.68 feet;thence South 55'48'57e East,76.71 feet to the South line of said Parcel C;thence South 83'30'15n West,138.07 feet along said South line to the point of beginning,EXCEPTING THEREFROM perpetual easement as shown on Exhibit PE-22 sheet I of 2. Containing 36,289 square feet,more or less. Which property is also described and depicted on the plat attached hereto as Exhibit TE-22. (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 constmction 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 facilities such as electric poles and wires,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,capacttors and other associated surface mounted equipment)during the construction of the Waukee South Outfall Extension project. It is understood that,upon completion of this project,the City shall restore the Easement Area to its original condition as reasonably possible,including but not limited to restoration of lawns by sodding or seeding,replacement of concrete or asphalt driveways removed for grading or access purposes,and replacement of fences or other structures that may be removed or damaged by the City during the course of construction,except that the following items shall not be restored by the City but are instead compensated for the consideration paid for in this Easement by the City as set forth above.(List items below or state "none"). NONE It is further understood that the consideration set forth in this Easement shall constitute full and adequate compensation for damages to the above listed items. It is further understood that the foregoing Easement and release shall be null and void and of no effect whatsoever unless accepted by the City and shall be subject to the following terms and conditions to which the City,upon acceptance of this instrument by the City,shall be deemed and to have stipulated and agreed: 1.DURATION.It is understood and agreed that this Easement allowing entry in,upon and onto the Easement Area described shall be in effect beginning on the date that the Grantor signs this document until completion of construction of this improvement above described and the City's performance of its obligation hereunder.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 of said materials and equipment from the above described premises within 10 days after the above described project has been completed. 3.SPECIAL PROVISIONS.NONE. Signed this C'day of ,20 27 De .Grewell,III / Palma C.Grewell Acknowledgement State of County of Ss. On this I day o ,20,before me,a Notary Public,personally appeared an (signatory name),to me known to be the person named in and who executed the foregoing instrument,and acknow 1edu hat and e ecut the sa e as his/her/t ir voluntary act and deed. otary Shmature Notary Public in the state of ~~~ BETH RIGHAROSON g ",commission Number 701731 Expires 4W DONATION (OPTIONAL) It is the understanding of the Grantor that,although the City will provide compensation for the granting of this easement,it is the Grantor*s wish to donate this temporary easement and not receive said compensation,and Grantor waives any and all rights to compensation. ACCEPTANCE BY CITY: I,kCAt .MII City Clerk of the City of Waukee,Iowa,do hereby certify that the witlnn and foregoing Easement was duly approved and accepted by tbe City Council of said City of Waukee byR,1,orR llc ll ~.~fl-|d ~al 0 ".0&1,d I»h made pursuant to the authority contained in said Resolution. City Clerk of the City of Waukee,Iowa Approved As To Form: Attorney for the City of Waukee,Iowa EASEMENT DRAWING ME CORNER GOVERNMENT LOT 14 FMO:1/2 PIPE 1 314 50'(H) 83 20 02 E(Ml 1'314.53'(R) L l483,3»E (0) DF TEMPORARY CONSTRUCTIDN EASEMENT BEING CONVEYED TD THE WRA DEAN R.GREWELL,III PALMA C.GREWELL 31368 312th PLACE BOOK 2000 PAGE 10639 WAUKEE,IA 50263 PARCEL ID: 1605100032 COAMEA GOVERNMENT LOT 14 FMD:3/4'PIPE W/VELLOC L5 CAPs31 L7 312th PLACE LS +POGLIC uyltiyV EASEMENT UJ O CIIu o CC C IL C CJ CuJ CJ I I ZZo L3 .z ud LG Q L9 COUTH MIGHT-OF-Way LINE 31281 PLACE 2 ARCEL 6207 0 8)L2002 ' GRID NOFI)H IOWA STATE PLANE COORDINA)E SYSTEM SOUTH ZONE GE CORNER PARCEL CL10 FMD:3/4'PIPE 5/YELLOC CAPII3169 SE CORNEA PARCEL C L2 '-L11L12%L13 ~L M63.30 15"E(M) 256.36 (M) 66 1/LOT VERytb)2 76-'-' GOVS C N82 '43 08 S(4 "LO('4 l.- P.O.C. 52 COAMEA PARCEL C FMD:3/4"PIPE 6 EC LINE BEAAING DISTANCE L14 ,323 38 08 P 0 8 30 IS»E(M)1.23 5Q (RN833,.F(A)) 1,3 lo uyIbID Z CC u J OJ tb Ooo lb OcoooOOZZ aO 0 200 400 L3 Ld L5 L7 N55 '48'57 "W N30 '08'13 "W N07 '02 '25 "E N14 '57'05 "E H85 '35'58 "E S04 '24'02"E S85 'cl7 '37 "W 48 58' 267.86 ' 135.15' 255.16' 376.61' 50 53' 319 79 LEGEND FOUND SECTION CORNER ~FOUND PROPERTY CORNER AS NOTED (M)"AS MEASURED"DISTANCE QR BEARING (R)"AS RECORDED"DISTANCE OR BEARING TEMPORARY EASEMENT 36,289 SG.FT. LB L9 L10 L11 L12 L13 L14 S14 '57'05 "W 607'02'25 "W $30 08'13 "E 655 '48'57 "E N83 '30'15'E 655 '48'57 "E 683 '30 '15 'W 222 JI9 106.77 228 36 37.36 30.68 ' 76 71 138.07' GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE SDUTH OUTFALL EXTENSION REV 1 05-19-17'CHANGED PERPETUAL ALIGNMENT nlol Wl cv I hereby certify that this land surveying document was prepared and the related survey wort was performea by me or unaer my direct personal supervision and that I am a auly licensed Land surveyor under the laws of the state of Io Srgned wa.eobbV J. oats g waddaleno wo. o 199aa -/7 Bobby J a delano,p L s. Iowa License Wo.19960 My license renewal date is December 31.Gulf rawin s covered 9 this seal Sheet 1 of 9 and Sheet 9 of 3 Revi/TJP VGEMGIAA 9 KIMM.IMC. 30do wesyowM pnhKwny Mesy Des MOINES,IOWA 5D266-139b515-225-6900 Rev/By SHEET 1 OF 2 ExHIBIT T E —2 2 EASEMENT DRAWING OWNER: DEAN R.GREWELL, PALMA C.GREWELL BOOK 2000 PAGE PARCEL ID: 1605100032 OF TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE WRAIII 10639 ADDRESS: 31368 312th PLACE WAUKEE,IA 50263 lEGAL DESCRIPllON A temporsr y construction easement located in Parcel C of Government Loti4andpartofGovernment13,Section 5.Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa as shown on the Plat of SurveyrecordedinBook2002onPage207intheDallasCountyRecorder's Office.Said temporary easement being more particularly described asfollows: Commencing as a point of reference at the Southwest cornerofsaidParcelC;thence Nor th 83'30'15"East (a11 bear ingsreferencedtoGridNorthIowaStatePlaneCoordinate System South Zone),256138 feet along the South line ofsaidParcelCtothepointofbeginning;thence North5548'57"West,48.58 feet;thence North 30 '08'13"West,267.86 feet;thence North 07 '02'25"East,135.15 feet;thence North 14 '57'05"East,255.16 feet to the South line of an existing public utility easement according to the document recorded in Book 2016 on Page 17065 in theDallasCountyRecorder's Office:thence North 85 '35'58" East.376.61 feet along said public utility easement;thence South 04 '24'02"East,50.53 feet;thence South 85 '47'37" West.3i9.79 feet;thence South 14 57'05"West,222.49feet;thence South 07 '02'25"West,106.77 feet;thence South 30 08'13"East,228.36 feet;thence South 55 '48'57" East,37.36 feet;thence North 83 30'15"East,30.68 feet;thence South 55 '48'57"East,76.71 feet to the South line ofsaidPancelC;thence South 83 30'15"West.138.07 feet along said South line to the point of beginning, EXCEPTING THEREFROM perpetual easement as shown on Exhibit PE-22 sheet 1 of 2. Containing 36,289 square feet,more or less. SOUTH OUTFALL EXTENSION REV 1 05-19-17:CHANGED PERPETUAL ALIGNHENT Rev1/TJP VEENSTRA 0 KIHN.INC. 3000 WESTDWN PARKWAY WEST DES NDINES,IDWA 50255-1320515-225-0000 EXHIBIT T E —2 2 Rev/By SHEET 2 OF 2