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Home My WebLink About2017-08-21-Resolutions 17-402_South Outfall Sewer - Temp Construction Easement - Chayse HoldingsTHE CITY OF WAUKEE,IOWA RESOLUTION 17-402 APPROVING TEMPORARY EASEMENT FOR CONSTRUCTION RELATED TO THE WAUKEE SOUTH OUTFALL SEWER EXTENSION PROJECT [CHAYSK HOLDINGS,LLCI IN THE NAME AND BY THE A UTHORITY OF THE CITY OF O'A UKEE,IO IYA 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 Chayse Holdings,LLC,and legally described as referenced in Exhibit A,Easement Area,of the Temporary Easement for Construction,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 Temporary Easement for Construction related to the Waukee South Outfall Sewer Extension Project [Chayse Holdings,C]in the amount of $1.00. t liam .P ard,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 NAY ABSENT ABSTAIN X X IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded:08/81/2017 at 09:09LAO AMFeeAtat:$82.00 Page 1 of 6DallasCountyIowaChadC.Airhart RECORDERFile» ex20i7 F027123 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Prepared by:Forrest Aldrich,Veenstra tlt Kimm,inc.(316)225-8000 Veenstra Ik Kimm,inc.,3000 Westown Parkway,West Des Moines,IA 30266-1320 Project South Outfall Sewer project Location:East of County Road R 22 and North of Ashworth Road TEMPORARY EASEMENT FOR CONSTRUCTION Ch H Idi LLC th I ft f d I h "C "I,Iu Id tt IC~OII $1.00 to be paid by the City of Waukee,lowe (hereinafter referred to as the "City"),does/do hereby convey unto the City of Waukee,lowe,a municipal corporation organized under the laws of the State of lowe,a Temporary Easement for Construction under,over,through and across the following described property: A temporary construction 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 more particularly described as follows: Commencing at the Northeast corner of said Lot 2;thence South 74'42'120 West (all bearings referenced to Grid North iowa State Plane Coordinate System South Zone), 160.69 fcct along the North line of said Lot 2 to the Northwest corner of an existing temporary construction easement as recorded in Book 2017 on Page 2662 in the office of the Dallas County Recorder;thence South 04'28'44"West,45.33 feet along the West line of said existing temporary easement to the point of beginning;thence continuing South 04'28'440 West,31.67 feet along the West line of said existing temporary easement;thence South 43'05'580 East,56.99 feet along said West line; thence South 75'26'430 West,120.62 feet;thence South 82'20'530 West,365.82 feet; thence North 61'30'320 West,109.39 feet;thence North 80'29'430 West,171.08 feet; thence South 02'51'230 West,149.05 feet;thence South 70'30'150 West,47.63 feet 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;thence North 21'37'410 West,52.29 feet along said East right-of-way line;thence North 10'01'410 West,108.87 feet along said East right-of-way line;thence North 02'51'230 East,114.56 feet;thence South 80'29'430 East,287.23 feet;thence South 61'30'320 East,112.02 feet;thence North 82'20'530 East,317.94 feet;thence North 75'26'430 East,98.90 feet to the point of beginning,EXCEPTING THEREFROlV1 a perpetual easement as shown on Exhibit PE-1 sheet I of 2. Containing 53,273 square feet,more or less. Is IAISL I ct'' Which property is also described and depicted on the plat attached hereto as Exhibit TE-I. (hereinafter referred to as the "Easement Area").Said Easentent 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 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,capacitors and other associated surface mounted equipment)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 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 7 day of Chayse Ho drngs,LLC Acknowledgement State of I O~C( County of ss. On this 1 day of ,20~,before me,a Notary Public,in and for said State and county,personally a peared (signatory name),to me personally known,who being by me duly sworn or affirmed,did say that that person is (official title)of said (limited liability company)and that said instrument was signed on behalf of the said I ited liability company by authority of its managers and the said O v'(signatory name)acknowledged the execution of said instrument to be t tery act and deed of said limited liability company by it voluntarily executed. No ry Signet Notary Public in the state of CARLY LtC00WELL g 0,Commission Number 80498 My Commission Expires June 2 2020 w««!«f'I ACCEPTANCE BY CITY: ~Ll!IS 5l.JIkd0c-ity ci k f d City I ky k I d I*by dify tb t tk I bi d foregoing Easement was duly approved and accepted by the City Council of said City of Waukee by Resolution and Roll Call No.l 7-"fbi',passed on ~+iVI,20+i,and this certificate is made pursuant to the authority contained in said Resolution. City Clerk of the City of Waukee,lowe Approved As To Foun: Attorney for the City of Waukee,lowe ntac 'ai i EASEMENT DRANING CHAYSE HOLDINGS L L C DF TEMPORARY CONS)RUCTIDN EASEMENT BEING CONVEYED TD THE WRA PARCEL NOU 16-05-376-002 ADDRESS: 31329 ASHWORTH RD WAUKEE,IA 50263 LINE L1 L2 L3 BEARING 604'28'rid"W 643 05'58"6 675'26'II3"W 682'20'53"W DISTANCE 31.67 56.99 120.62 365.82 rc I Q Q CI ur Qrco.o. Q Qul Q IL Z ICQ C) p L p (c 6 LIB LB I 0 l5 SS 67 647 702 Z I Rl Sly psSc 6 Ress6Co Zs c See 9-Ss LOSS prse.Ro LEGEND FOUND SECTION CORNER ~FOUND 5/8"BAR N/YELLOW CAPI)504( ~CALCULATED POSITION (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING TEMPORARY EASEMENT 53,273 SQUARE FEET LO3 1 L5 l6 L7 N61'30'32"W NBO '29'43"W S02'51'23"W 109.39' 171.08' 149.05' II7.63LB970'30'15"Wga'Okl 05'.59.„OO 5'94 I» 973'35.13'WFO «IA 12 rh 05 ISO 135 51 Lql 0 25 Oh".5(q)I+. 550,252 25 "qgq)5'Ig .15 05 Ss S S74 4,S .2'(SW N21 '37 '41 "W N10 01'd1"W N02'51'23"E 52.29'l9 LID 108.87 114.56 L12 287.23680'29'43"E L13 112.02 317.94 661'30'32"E N82'20'53"E N75'26'ÃI3 'E I 14 L15 98.90 ys 74 0 p 69 33 6 h'(9)6,.(2) 0 s (RSR) L15 60.69 L3 So oo. LOT 2 AC(RE5 c:'(ll)"' 1 e@ e++7 e+7 ee eoeo7& I IPQO POW7 GRID NORTH IONA STATE PLANE COORDINATE SYSTEM (SOUTH ZONE) 0 200 400 9 sc I'o Prye.6-76 SSRc(76 26 SOUTH OUTFALL EXTENSION p oc LI 6 (op sop.' od 2rn~~JSSV euv ~ Ss.P'6 "h Q e LOI XN-S, f ' Qdr~dv+~ mN I hereby certtfy that this land surveymg document wae prepar ell and the related survey work was performed by me or under my direct personal supervlsirln and that I em a duly licensed Land sur eyer under the laws of the State of Iawa signed Date N Bobby J.N Msddaleno fggeo OoDby J Maddaleno.P L.g. Iowa License Mo 19950 My license renewal date ls December 31,2D15 D swinge co e ed by this seal sheet 1 of 2 and sheet 2 of 2 Rgy/By yEENSIRA 5 KIMM.IND. 3000 WEDTDWN PARKWAY WEST DED MOINES.IDMA 50255-1320515-225-0000 EXHIBIT T E —1 SHEET 2 DF 2 EASEMENT DRAWING PAROELNDS OF TEMPORARY CONSTRUCTION EASEMENTHOLDINGS,L.L.C.BEING CONVEYED TO THE WRA BOOK 20 16 PAGE 5649 ADDRESS: 31329 ASHWORTH RD WAUKEE,IA 50263 LEGAL DESCRIPTION A temporary construction easement located in Lot 2,Tanglewoods Acres being a par t of Section 5,Township 78 Nor th,Range 26 West of the 5th P.M.,Dallas County,Iowa.Said per petual easement being more par ticularly descr ibed as follows: Commencing at the Nor theast cor ner of said Lot 2; thence South 74 42'12"West (all bear ings referencedtoGridNorthIowaStatePlaneDoordinateSystem South Zone),160.69 feet along the North line of said Lot 2 to the Northwest corner of an existing temporary construction easement as recorded in Book 2017 on Page 2662 in the office of the Dallas County Recorder;thence South 04 28 '44 "West,45.33 feet along the West line of said existing temporaryeasementtothepointofbeginning;thence continuing South 04 28'44"West,31.67 feet along the West lineofsaidexistingtemporaryeasement;thence South 43 '05'58"East,56.99 feet along said West line; thence South 75 '26I43"West,120.62 feet;thence South 82 '20'53"West,365.82 feet;thence NorthSi'30 '32 "West.,109.39 feet;thence North 80 '29'43"West,171.08 feet;thence South 02 '5i'23"West.149.05 feet;thence South 70 30'15"West,47.63 feet the East r ight-of-way lineofCountyHighwayR-22 as described in Book 456 on Page 102 in the office of said Dallas County Recorder; thence North 21'37'41"West,52.29 feet along saidEastright-of-way IIne;thence North 10 '01'4 1"West, 108.87 feet along said East r ight-of-way line;thence North 02 '51'23"East,114.56 feet;thence South 80 '29'43"East,287.23 feet;thence Sout.h 61'30'32" East,1i2.02 feet;thence North 82 '20'53"East, 3i7 .94 feet;thence North 75 '26 '43"East,98.90 feet to the point of beginning,EXCEPTING THEREFROM aperpetualeasementasshownonExhibitPE-1 sheet 1 Qf 2. Containing 53,273 square feet,more on less. SOUTH OUTFALL EXTENSION YEENSTRA 5 KIMM,INC. 3002 WESTOWN PARKWAY WEST OES MOINES,IOWA 55255-I325 5I5-225-SQOQ EXHIBIT Aev/By SHEET 2 OF 2