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Home My WebLink About2017-08-21-Resolutions 17-401_South Outfall Sewer - Easement - Chayse HoldingsTHE CITY OF WAUKEE,IOWA RESOLUTION 17-401 APPROVING PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY RELATED TO THE WAUKEE SOUTH OUTFALL SEWER EXTENSION PROJECT [CHAYSE HOLDINGS,LLC] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IO 8'A 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 Chayse Holdings,LLC,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 21"day of August,2017,that it hereby approves the Permanent Easement for Sanitary Sewer Right-of-Way related to the Waukee South Outfall Sewer Extension Project [Chay Holdings, LLC]in the amount of $1.00. F.e rd,ayor Attest: ebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYK X X X NAY ABSENT ABSTAIN X X IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded:05/91/2017 at 09:09:05 At1FaaAmt:$27.00 Page 1 of 5DallasCountyIowa chad C.Airhart RECORDERFilaty EK20i7 P017i22 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 prepared by:Forrest Aldrich,Vmnstra &Ktaun,fnc.(5I5)225.0000~Veenstra &Khnm,inc..3000 bwestown Parkway,West Des hlomes.IA 50266-l320 Project:South Outfall Sewer Project Location:East of County Road 22 and North of Ashworth Road PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY Chavse Holdin s LLC (hereinaher referred to as the "Grantor"),in consideration of the sum of~cell l.dd b ptdby b cty rw b,t,d yd b by *y b ctyy y Waukee,iowa,a municipal corporation organized under the iowa Code (hereinafter referred to as the "City")a Permanent Easement for Sanitary Sewer Right-of-Way under,over,through and across the following described property; A perpetual sanitary sewer easement located in Lot 2,Tanglewoods Acres being a part of Section 5, Township 78 North,Range 26 West of the 5$P.M.,Dallas County,iowa.Said perpetual easement being a strip 30.00 feet in width lying 15.00 feet on each side of the following described line: Commencing at the Northeast corner of said Lot 2;thence South 74'42'12u West (all bearings referenced to Codd North iowa State Plane Coordinate System South Zone), 123.50 feet along the North line of said Lot 2 to the Northwest comer of an existing perpetual sanitary sewer easement as recorded in Book 2017 on Page 2661 in the office of the Dallas County Recorder;thence South 0428'44"West,72.28 feet along the West line of said existing perpetual easement to the point of beginning;thence South 75'26'43n West,128.80 feet;thence South 82'20'53n West,327.60 feet;thence North 61'30'32n West,116.00 feet;thence North 80'29'43n West,260.00 feet;thence South 02'51'23n West,174.49 feet to the East right-of-way line of County Highway R-22 as described in Book 456 on Page 102 in the office of said Dallas County Recorder.The sidelines of said strip to be shortened or lengthened to terminate at the West line of said existing perpetual easement and at said East right-ol'-way line of County Highway R-22. Containing 30,160 square feet,more or less. Which property is also described and depicted on the plat attached hereto as Exhibit PE-1. (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 I'ollowing terms and conditions: 1.FRECTIO.'V OF STRUCTURES PROHIBITED.Grantor shall not erect any structure over or within the Easement Area without obtaining the prior written approval of the City. 2.PLAVTIVGS.The planting of trees and shrubs is prohibited within the Easement Area. 3.CHAVGE OF GRzttDE 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 Citv. 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:(1)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 uttlity facilities such as electric poles and wdres,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. 5.EASEiMEiVT RUVtS WYITH LAND.This Easement shall be deetned to run with the land and shall be binding on Grantor and on Grantor's successors and assigns. 6.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.The City shall provide a physical connection point to the sanitary sewer at no cost to the Grantor(s)for a tuture sanitary sewer service.The Grantor(s)are hereby granted the right to connect one future residence to said connection point at Grantor(s)expense. The sewer service and any necessary sanitary sewer extension will be at the Grantor(s)expense. If more than one residence is ever connected to the sanitary sewer,all sewer services shall be connected according to City policy. 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. KVords and phrases herein including acknowledgment hereof shall be construed as in the singular or plural nmnber,and as masculine or fentinine gender,according to the context. Signed this ~/day of 20~y Chayse Holdings,LLC Acknovvledgement State of County of I I ss, On this ~lay of 20,before me,a Notary Public,in and for said State and county,personall peared (signatory name),to me personally known,wh being by me duly sworn or affirmed,did say that that pe son is r (official title)of said (!imited liability company)and that said instrument was signed on ehalf of the said 'ited liability company by authority of its managers and the said (signatory name)acknowledged the execution of said 'st e t to e the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Signature Notary Public in the state of BETH RIGHABDBDN &Commataton Number 701731 My tItgptres APPROVED AS TO FO Attorney for the City of Waukee,iowa City Approval and Acceptance: I,@~g~Q~ll 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.)l td(3$,passed on ~~~,20 jl,and this certificate is made pursuant to the authority contained in said Resolution. City Clerk of the City of Waukee,owa HOLDINGS,L.L.C.GEING CONVEYED TO THE WRA BOOK 2016 PAGE 5649 31329 ASHWORTH RD WAUKEE,IA 50263 &01 o,f ~-- z ede d dp'0+4j Aye,.'00. 99',+I 05' 99.a Et ~0~.950 @Ia'tg .SSII E,bt.(9)'5l Ea'IR ba'9 t I OS ,11;tfb Ga 3rd de.l . 2.~~M) 902 / / / / 90C,LO R/euede lho eeoeueur "dr i Re/de Lo OG92 5 vr)O~ je 9 32 by 933 @jee'de,eed«ei "00 F.(X& Gr IN C ere.Ps 0RC ~E&de LEGENDi FOUND SECTION CORNER ~FOUND 5/6"BAR W/YELLOW CAP95041 ~CALCULATED POSITION 32 ee,(ae GRID NORTH IONA STATE PLANE COORDINATE SYSTEM (SOUTH ZONE) ey SEC d Cno Cuy 2'.4 (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING IFS!i(EG PERPETUAL EASEMENT 30.160 SQUARE FEET 200 400 SOUTH OUIFALL EXTENSION tetchy certify that this an surveying accusant uas breasted ana tne reiatea sur ey no«t uas nerfarned by ae or under sy direct personal suoervision and that I sa a au)y licensed Land gurveyor under the Ious of the State of Ipto. Signed bate hobby J nsdd Is o no . 199ao gobby J.Naedaleno,P.L.9. Ious License No.1999O Ny license reneual date is becesber 31,2013 Orauin e covet.ed by this aeeU Sheet I of 2 end Sheet 2 of 2 Rev/Gy uEENETNA 9 NINN INC. 3000 NEETONN PAA«bay NEST 025 NOINES IONA 50255-1320515-225"5000 EXHIBIT P E 1 SHEET I OF 2 ~m:EASEMENT DRAW ING P~NO OF PERPETUAL SANITARY SEWER EASEMENT HOLDINGS.L.L.C.BEING CONVEYED TO THE WRA BOOK 2016 PAGE 5649 31329 ASHWORTH RO WAUKEE,IA 50263 LEGAL ~N A perpetual sanitary sewer easement located in Lot 2,Tanglewoods Acres being a part of Section 5,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa.Said perpetual easement being a strip 30.00 feet in width lying 15.00 feet on each side of the following descr ibad line: Commencing at the Nontheast corner of said Lot 2; thence South 74 '42'12"West (aII bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),123.50 feet along the Nonth line of said Lot 2 to the Northwest corner of an existing perpetual sanitary sewer easement as recorded in Book 2017 on Page 2661 in the office of the Dallas County Recorder;thence South 04 28'44"West,72.28 feet along the West line of said existing perpetual easement to the point of beginning',thence South 75 '26 '43"West,128.80 feet;thence South 82 '20'53"West,327.60 feet:thence North61'30'32"West.116.00 feet;thence North 80 '29'43"West,260.00 feet;thence South 02 '5i'23"Nest.174.49 feet to the East right-of-waY line of County Highway R-22 as descr ibad in Book 456 on Page 102 in the office of said Dallas County Recorder.The sidelines of said strip to be shortened OP lengthened to ter minate at the West line of said existIng perpetual easement and at said East right-of- way line of County Highway R-22. Containing 30,160 square fest.more or less. SOUTH OUTFALL EXTENSION VEENSTRA 0 KINH,INO. 3MO NESTONN PARKNAT NEST OES lmINES,IONA 50250"1320 515-225-5000 EXHIBIT ROV/BY SHEET 2 OF 2