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Home My WebLink About2017-11-06-Resolutions 17-516_Waco Pl Water Main Extension - Water Main Easement - Beasley Farms IncTHE CITY OF WAUKEE,IOWA RESOLUTION 17-516 APPROVING WATER MAIN EASEMENT(S)RELATED TO THE WACO PLACK WATER MAIN EXTENSION PROJECT [BKASLEY FARMS,INC.] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF 8'A UKEE,IOIYA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that a Water Main Easement is necessary for the purpose of t m'Eth W Pi Wt Ati Etmip Pmj t;AND, WHEREAS,said easement shall be located on a portion of the property owned by Beasley Farms,Inc.,and legally described as referenced in Exhibit A,Easement Area,of the Water Main Easement(s),which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6rs day of November,2017,that it hereby approves the Water Main Easement(s)related to the Waco Place Water Main Extension Project [Beasley Farms,Inc.]in the of $1.00. Attest: illiam .card,ayor 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 llllllllllllllllIIIllllllllllllllll|lllllllllllllllllllllllllllllUlllllllli Dnc IDi 007349830010 fyna:EASE Recorded:11/13/2017 at 08;03:44 AII Fas Ant;662.DO Page I of 10 Dallas County tous Chad C.Airhart RECORDER Files RK20i 7 F022068 Prc arwl 6 Trnvis Paul Vr narra R Kirn In !IND IY I rw r Pkw Wwr Dun Moirrn lowe 10"66 Bill/Return to: Becky Echuett,City of Waul&ac 230 W.Hickrnan Rd. Waukee,IA 50263 Page I of 6 WATER MAIN EASEMENT S KNOW TO ALL N1EN BY THESE PRESENTS& ~G«&& The undersigned,Beaslc Farms hic (hereinatter rafa&ted to as thc "Gruntor(s)"),of the City of Waukee,Dallas Cnunty,lowu,in consideration ot'the sum of One and 00it00 Dollars 1.00 and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,dom hereby sell, grant,and convey to the City of Waukee,Iowa,a municipal Cnrporation (hereinafter referred to as "the City"),a permanent and pnpmuat ease&neat (hereinafter referred to as "Water Main F.ncmcnt"or "Easement(s)")and right-of-way upon,over,under,through and across the real property legally described as: Govcmment Lot 5 and Government Lot 12 of Section 3,Township 78 North,Range 26 West of the 5n P.M.,City of Waukee,Dallas County,iowa,FXCEPT Parcel 'AA'as described in Plat of Survey recorded in Book 2012 on Page 22640 in the oftice ot'the Dallas County Itecorder. Perpetual Easement Said perpetual easement being more particularly descnbed in two (2)seynents as follows: Seyiient I Commencing at thc Northeast comer of said Government Lot 5;thence South 83"36"10*' West (all bearings referenced to Grid North lowe State Plane Coordinate Systeni South Zone),288.48 feet along the North line of said Govemnient Lot 5 to a point on the futuro West right-of-way line of SE Waco place.also known as 98n Street,to tho point of beginning,said point also being the beginning of a non-tangent curve concave Northeasterly and having a radius of 750.00 feet,to which hagi&ming a radial linc bears South 63"33'l 8" West;thcncc Southeasterly along said future right-of-way line and along said curve through a central angle of 00'10'02"and an arc distance of 2.19 feet,said curve having a chord which boars South 26"31'45"East,2.19 feet;thence tangent to said curvo South 26"36'44"East, 360.03 fact along said future right-ottivay linc to the bepinning of a tangent curve concave Southwesterly and having a radius of 650.00 foct;thence Southeasterly along said future right-of-way line and along said curve through a central angle of 27'06'09"and an arc distance of 307.47 feet,said curve having u chord which bears South 13"03'40"East,304.61 feet;thence tangent to said curve South 00"29'24"West,677.03 feet along said future nght-of-way line to the South line of said Government Lot 5;thence South 83&"32'43"West, 20.15 fi:et along said South line;thence North 00"29'24"East,679.47 feet to the beginning of a tangmit curve concave Southwesterly and having a radius of 630.00 fact;thence Northwesterly along said curve through a central angle of 27"06'09"and an arc distance of 298.01 t'cet,said curve having a chord whicli bears North 13"03'40"West.295.24 fact; thence North 26"36'44"West,360.03 feet to the bey'nning of a tangent curve concave Nonheastcrly and having a radius of 770.00 fcct;thence Nmthwest&vly along said curve through a central angle of 00"42'33"and an arc distance of 9.53 fact,said curve having a chord which bears North 26"15'25"West,9.53 feet to the North line of said Govennnent Lot 5;thence on a non tangent line North 83'B6'10"East,21.25 feet along said North line to the point of beginning. Containing 26,938 square feet,more or less. Segment 2 The West 20.00 feet of the East 70.00 feet of said Govenimcnt Lot 12. Containin 26,458 square feet,more or less.Total urea containing 53,3&96 square fact,more or less. Temporary Kasenient Said temporary easement being more particularly described in two (2)segment as follows: Segmmit I pa e2ore Commencing at the Northeast comer of said Govemmcnt Lot 5;thence South 83"36'10" Wost (all bearings referenced to Grid North Iowa State Plane Coordinate Syst&nn South Zone),235.20 feet along the North line of said Govetrttnent Lot 5 to the West hne of said Parcel 'AA',said point being the point of beginning;thence South 26 36'44"East,3&43 81 Ibet along said West line to the beginning of a tangent curve concave Southwesterly and having a radius of 700.00 feet;thence Southeasterly along said curve through a central anb&tc of 09"26'22"and un arc distance of 115.33 feet,said curve Iiaving a chord which bears South 21 "53'35"Fast,115 20 fact to the existing West nght of wuy line of said SE Waco Place;thence uon-tangent to suid curve South 0()"29'25"West,887.35 feet alnng said West right-of-way line to the South line of said Government Lot 5;thence South 83"32'43"West,50.37 feet along said South line;thence North 00"29'24"East,681.05 feet to the begimiing of a tangent curve concave Southwesterly and havmg a radius of 617.00 feet;thence Northwesterly along said curve through a central angle ol'27"06'09)"and an arc distance of 291.86 feet,said curve having a chord which bears North 13"03'40"West, 289.15 feet;thence North 26"36'44"West,360.03 feet to the beginning of a tangent curve concave Northeasterly and having a rail i us of 783.00 feet;thence Northwesterly along said curve through a central angle of 01 "02'45"mid an arc distance of 14.29 t'eet,said curve having a chnrd which bears North 26"05'20"West,14.29 feet to the North line of said overtunen o;&ence on anon-angen me o i 36 lty'Eaas,8KSTTee a ong said North line to the point of beginning,EXCEPTING THEREFROM abnve described perpetual easement. Containing 57,925 square feet,morc or less. Segment 2 The West 50.00 of the Emt 83.00 feet of said Government Lot 12,FXCEPTING THEREFROM the West 20.00 feet of the East 70.00 feet. Containing 39,688 square feet,more or less.Total area containing 97,613 square feet,more or less. 2.Use and Pu osm of Fasement s . This Easement slmll be granted for the puipose of locating water main (hereinafter reforred to as "Water Main")and to permit and allow thc city to enter at any time upon,over,under, through,and across into snid Easement(s)herein described to use as much of the surface und sub-surface thrweot to construct,replace,locate,rebuild,enlarge,roconstruct,patrol,repair (including the right to place and build additional Water Main therein or to connect and/or join the Water Main and appurtenances thereto)and to fi&raver maintain the Water Main whenever necessary within the Easement(s)buanted herein.No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of thc City.The temporary eascmeut slmll be for a 12 month period,or until thc cnd of construction,at which time said tempornry will cease and terminate. 3.Maintenance. Alter the initial construction of the Water Main,and acceptance by the City,the City agrees,as part of the reconstruction,maintenance and patrolling of the Water Main,to restore and replace the Easement arcs(s)to substantially the same condition as prior to the time of ent&y or as agreed upon by the City and the Grantor(s),except the City shall not bc required to replace lundscaping,trees,shrubs,bushes,landscape elemraits,structures,or underbuound water systems nor shall thc City bc required to restore the Easement area by reason of scttlemcnt,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 conditinns shall bc the sole responsibility of the Grantor(s)at the Grantor(s)'sole oxpcnsc. I'axe 3 era Tho City shall have the right of access to the Easement Area and have all rights of ingress und egress reasonably necessary for the use and enjoyment of the Ensmnent Area as herein described,including,but not limited to,thc right to remove any unauthorized obstructions or structures placed or erected in the Easemcnt Area. 5.Hold Harmless. The Grantor(s)agrees to indemnify and hold harmless tbe City,its elected officials, employees,oAicers,agents,representatives,contra&nook and attorneys from anil against any and all claims or dcman&ls for liubility,loss,dmnagc,costs,expenses,or attomcy's fees uf any kind for actions or umissions of thc Grantoi(s)arising out of or in connection with any undertaking ansing out of or otherwisc related to this Easement. 6.Runnin of Benefits and Burdens. I hutetmsuttdw~i''tMii Lasement are biassingupon h~erantor inoluding,u no limited to,Iuture owners,developers,lessees or occupants.All provisions of this instrument, including benefits and burdons,run with the land nnd arc binding upon and inme to the heirs, assigns.successors,tenants and personal representatives of tbe parties hereto. 7.jurisdiction and Venue. The City and the Grantor(s)abuee the District Court of thc State oi'Iowa shall hnve exclusive jurisdiction over thc subject matter and enforcement of tbe tcnns and conditions of this Easement and said pariies consent to the jurisdiction of the person boing in Dallns County,lowe. Words und Phrases. Words and phrasms sfiall be constmed as in the singular or plural number,and as masculine, ti:imnine or neuter gender,according to context. 9.Parties. The tenn "City"as used herein shall refer to the City of Waukee,Iowa,its elected oflicials, ply .;ueu'srr '.Th '"G ii"Fll tq«ll Inc.,their heirs,assi ns,successors-in-interest,or lessees,if miy. 0. The City may enforce tlus instrument by appropriate action,and should they prevail in such litigution they shall recover as part of their costs the reasonable attorney's fees incurred in such litigation. I I.~lute ration. This Agreement shall constitute tho entire Agreement between the patties and no ammidments or additions to this Abueenient shall bc binding unless in writing and signed by both parties. RH or 'Ilie paragraph headings in this Agremnent are included solely for convcniencc and shall not affect or be used in connection with,the intorpretation of this Agrecmtent. Grantor does I IF RE BY COVENANT with tho City that Grantor holds said real estate described in this Easenient Area by title in feo simple;that Grantor has good and lawful authority to convey the snmc;and said Grantor covenants to WARRANT AND DEFFND the said Easement Area against the lawful claims ol all persons whomsoever. Each of tbc undersigned hereby relinquishes all rights of dower,homestead and distributive Page 4 0!6 shure,t f any,in and to the intcrcsts conveyed by this Easement. Words and phrases herein including acknowledgement hereof shall be construeti as in the singular or plural mimber,and as masculine or feminine gender,according to the context. 56 Dated this I day of Oyet t)era ,20J+ a ~Of IV m F.ar,ayor Attest:Attest: /~y/ar «r- un Mo nan,City Administrator STA'I"E OF IOWA ) )SS: COUNTY OF DALLAS ) Page 5 ei6 o~~:EASEMENT DRAWING BEASLEY FARMS,INC.FOR WATER HAIN BEING CONVEYED TD BOOK 602 PAGE BB7 THE CITY OF NAUKEE,IA PARCEL NOC q(JMME'NT NE CORNER GOVERNMENT LOT FND:5/8 GAS PIPE PT BOVE LOT N83'36'10"EtM) 21.25'(M P..B. SEG ENT 1 83'36 1 Vl(M)2884 (- LLOW16-03-100-034 16-03-100-006 FND:5/8 "REBAR W/ORAN~G CAP$12265 Z '1P "W(M)ZC1 + rn j OK ~3'35'7 WIR)IX +R 23(X2 '(R) S83'36'10 W 55AS' C4 PREPARER RY:YEENSTRA 6 KI)01 INC.-3000 NEETONN PARKHAY -NEST IH NOINEO,TORA 50266-1320 -(515)225%000 NET(EN TO:YEENSTRA 6 KIHN INC.-3000 NEETOHN PARKWAY -HEST OEE SOIREE,IONA 50266-1320 —(515)225-8000 GRID NORTH IONA STATE PLANE OOBOINATF SYST SOUTH ZONE 75 I BEASLEY FARMS,INC. BK2005 PG4732 odo.o 0„'o 6 v C2 C3 C. H*T LINE I P CEL'AA' (C TERLINE I S HACC PLACE) I lech =11D B. CURVE TABLE EXISTING HEST RIGHT-DF-HAY LINE FUTURE RIGHT-CF-IIAY 100.00' n cw I 10I- I IL I- ill CURVE 01 02 307A7' 2BB.DI ' RADIUS CHD.Bnn. 750.00'ssebr'o5'5 s50.00'513'03'ud'E 530.0rr HI XILYen"5 770.00'H25'15'25'5 CHORD 2.1a' 2BSXe' EXIGTIHG EAST RIGHT-OF-WAY LINE O I B LEGEND k SECTION CORNER MONUMENT FOUND (AS NOTED) ~PROPERT MONUMENT FOUND (AS NOTED) (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING ~4 r PERPETUAL EASEMENT SEGMENT I 26.936 SQUARE FEET SEGMENT 2 26,458 SQUARE FEET TOTAL AREA 53,396 SQUARE FEET I hereby certtfy that this land surveying docusant ela avalon'ed ahd ths fslatlwl survey reft ela Serforead by m ar elder uy direct Deraonsl eubervlainn and that I as a dslll licensed Lend Surveyor under'the leal al the State of laws. Sicnee Date o~,+ Kbo eoCo ce I Oo O rh Z Ur nr xzZE O IK IK z o uln V.&ciIJOzrncvI 6332'43"W(R) 1311 50'R'-5863243 W(M) SE CORNER GOVERNMENT LOT 5 I I FNO:CUTa&" HATER HAIN EXTENSION VBBHBTnn 0 KIHH.IHC.3000 hssybwe PARKkhy NEST Dss Hdlnss.10llh 50ZIB-1320515"225-5000 EXHIBIT E '4 ~83'32'43 W(M) 20.'I 5'(M) GOVERN 683'32'43%(M)qNMENT .50.37'(M)j ) HACD PLACE Bobby J.Hsddelano P.L.S. lowe License no.IESSa Xy license renewal date ts Dscasbsr 31,BD17 Dr awlnss covered by thte seal;sheet I of 2 and shoot 2 of 2 Rev/8 SHEET 1 OF 4 ~~~~I' I II I I I ~II +I I ~ I I ' ~I I ~ 0 ~I I R WR R I ~ I ~~ ~~'"~"~~~ ~~ I ~~ I ~~ ~"~I ~ ~' ~'~~ PREPARED SY:TEE)STRA 0 KINE,INC.-3000 WEE(OWN PARKWAY -WEST DES MOINES.IOIIA 50266-1320 —(515l 225-0000 RETURN TO:YEBBTRA 0 KIND,INC."3000 )IESTONN PARKWAY -NEST IES NOI)ES.IOWA 50266-1320 -l515)2Br8000 EASEMENT DRAWING BEASLEY FARMS.INC. BOQK 6D2 PAGE697 PARCEL NOA 16-03-100-034 16-03-100-006 GRID NORTH IOWA STATE PLANE---COORDINATE SYSTEN- SOUTH ZONE ~.35 77"W(R) .,6g~r(M) (M)N8336'I 0' 88.31 '(M FND:5/8"REBAR W/ORANGE CAPIP I 2265 563'36'10"W(M) C7 k41.70'(M) BEASLEY FARMS,INC BK2005 PG4732 FOR NATER MAIN BEING CONVEYED TD THE CITY OF WAUNEE,IA GDVERHMPT~GLOT SEIIME)T M)235,20' \ MEkT LINE (PARCEL 'AA ' (C NTERLTNE ISE WACO PALCE) I C5(~z O Z lUZZ(2 (U NE CORNER GOVERNMENT LOT FND:5/8 GAS PIPE 0 7 I Inch =lib lt EXISTING WEST RIGHT-OF-WAY LINE C6 4 I ul (3OZ hy (L (3Z FUTURE RIGHT-OF-WAY 100.00' CURVE TABLE CURVE LEWBIH C5 f 15.33' ca 2o1.ha' Cy 14.22' RADIUS 517.DD' CHD,BRD. 52'I'53'35'2 W 1 3D3'SDVJ W25'D5'20"W CHORD 11520' 252.15' LEGEND SECTION CORNER MONUMENT FOUND (AS NOTED) ~PROPERT MONUMENT FOUND (AS NOTED) (Ml "AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DTSTANCE OR BEARING TEMPORARY EASEMENT SEGMENT 1 57,925 SQUARE FEET SEGMENT 2 39,688 SQUARE FEET TOTAL AREA 97,613 SQUARE FEET GDVERNMEYIT LDT 12 I hel'eby certify that tale land sul'vsyina dacwent tw prepared wd the l alatW survey usrt nas perfsresd by w or under sy dbwt personal supewlstan ew twt I an a auly Hcswsa Lena Bn'yawl'lndsr the lans nf the 4w of leal. Blansd Data PERPETUAL EASEMENT o~p~v (5~ +o @0gG dn EXISTING EAST RIGHTMF-WAY LINE cu 27OZ rT FJIuJ' „"Ig( uJ g™n.1 ul I o l IMI UJ ill JU 0 I Z OI- ZZtuJJ)cZZccz(—oleoowO&CiUJOp S83'32'43 "W(M) 50.37'(M) SBZ32'43'W(M) 33.24'(M) IfACC PLACE 332'43"W(R) 1311.50 R) 63.32 43"W(M) ,311 50'(M) SE CORNER GOVERNMENT LDT 5 I I FND:CUT"X" WATER MAIM EXTENSION VREH57ns 5 KIMM IWC. 30ne MEBTDww pnRKMAY WEBT 055 MOINES.IOWA 50255-1320515-225-Berm EXHIBXT E 4 Babby J.Rsddeleno.P.L.B. (0 leuc License Wo.15550 license rnlnnfnl date in Dllcenher 31,2C17 ~Drauinaa covered by this seal:Sheet 1 of 2 and hheet 2 of 2 Rev/8 SHEET 3 OF 4 ~~~~ ~1 I ~tt I I ~~I I ~~ I ~~ I ~I ~ *I ~ I ~ ~~ ~I ~~ I ' W/Ãzi I'~I I ~' t OI ~~