The URL can be used to link to this page

Home My WebLink About2017-12-18-Resolutions 17-571_NW Area Water Main Extension Phase 1 - Easement - Copeland TrustTHE CITY OF WAUKEE,IOWA RESOLUTION 17-571 APPROVING WATER MAIN EASEMENT(S)RELATED TO THE NW AREA WATER MAIN EXTENSION PROJECT,PHASE 1 [KSTKLLA L. COPELAND TRUST U/A DTD JANUARY 4,1991 AND RALPH C.COPELAND TRUST U/A DTD JANUARY 4,1991] INTHENAMEANDBY THEAUTHORITYOF THE CITYOF WAUICEE,IONA 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 construction of the NW Area Water Main Extension Project,Phase 1;AND, WHEREAS,said easement shall be located on a portion of the property owned by Estella L. Copeland Trust u/a DTD January 4,1991 and Ralph C.Copeland Trust U/A DTD January 4, 1991,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 18'"day of December,2017,that it hereby approves the Water Main Easement(s)for the NW Area Water Main Extension Project,Phase I [Estella L.Copeland Trust u/a DTD January 4, 1991 and Ralph C.Copeland Trust U/A DTD January 4,1991]in the amo o $34,847.16. Attest: dliam F card,Mayor 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 Ilf/I//fl/f////I//lf////ff//f/f//ff///ff(fll/f/l////lf///ll////f/f//f///ff/ Pass at or 0DallasCountyIowa Flies Chad C.Alrhart RECORDER EK20$7 P025137 pic;n&'d hv:Travis J paul ve narra s.Kimm Ine &000 we&town pawv west De&wioinrs larva soosa «1&&'s-ao00 %&ATER XIAIN EASEiVIENT S KNOW TO ALL MEN BY THESE PRESENTS: 1.Grant of Easement s . The undersigned,Estclla L.Co eland Trust U/A DTD Janus 4 1991 and Ral h C. Co eland Trust U/A DTD Janua 4 1991,(hereinafter referred to as the nGrantor(s)n),of the City of Waukec&Dallas County,Iowa,in consideration of the sum of Thirt -four Thousand Ei *ht Hundred Fort Seven and 16/100 Dollars $34 847 16 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,does hereby sell,grant,and convey to the City of Waukee,iowa,a municipal Corporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafter referred to as "Water Main Easement"or vEascment(s)n)and right-of-way upon,over,under,through and across the real property legally described as: The Northwest 1/4 of the Northeast 1/4 of Section 32.Township 79 North,Range 26 West of the 5"'P.M.,City of Waukee,Dallas County,Iowa,lying South of the South right-of-way line of U.S. Higohway 6 (also known as Hiclanan Road). Perpetual Easement Commencing at the Northeast corner of said Northwest 1/4 of the Northeast 1/4;thence South 00'4l '01-'West (all bearin&*s referenced to Grid North iowa State Plane Coordinate System South Zone).93.86 feet along the East line of said Northwest 1/4 of the Northeast 1/4 to a point on the South right-of-way line of U.S.Highway 6 (also known as Hickman Road), said point being the point ofbeginning;thence continuing South 00'41'01"West,20.06 feet along said East line of the Northwest 1/4 of the Northeast 1/4;thence South 86"28'19"West, 726.65 feet;thence South 85"07'19'West,599.29 feet to the West line of said Northwest 1/4 of the Northeast 1/4;thence Noith 00'32'05 "East,20.09 feet along said West linc to said South right-of-way line;thence North 85"07'19"East.597.63 feet along said South right-of-way line;thence North 86'28'19"East,728.35 feet along said South right-of-way line to the point of beginning. Containin&r 26,519 square feet,more or less. Page 1 of 6 Temporary Easement Commencing at the Northeast comer of said Northwest I/4 of the Northeast I/4;thence South 00'4 l 01"West (all bearings referenced to Grid North Inava State Plane Coordinate System South Zone),113.92 feet along the East line of said Northwest I/4 of the Northeast I /4 to the Southeast comer of above described perpetual easement,said point being the point ot'beginning:thence continuing South 00'4 l '01"West,30.08 feet along said East line of the Northwest I/4 of the Northeast I/4,thence South 86'28'19"West,724.08 feet;thence South 85"07'19"West.601.78 t'eet to the West line of said Northavest I/4 of the Northeast I/O; thence Noh 00"32'05"East.30.13 feet along said West line to the South line of said perpetual easement:thence North 85'07 19"East,599.29 feet along said South line of said perpetual easement:thence Nnrth 86'28'19"Fast.726.64 feet along said South line to the point of beginning. Containing 39,777 square feet,more or less Use and Pur nse nt'Easement s . This Easement shall be granted for the purpose of locating water main (hereinafter referred to as "Water Main")and to pemut and allnw the city to enter at any time upon.over.unden through,and across into said Easement(s)herein described to use as much of the surface and sub-surface thereof to construct,replace,locate,rebuild,enlarge,reconstruct,patrol,repair (including the right to place and build additional Water Main therein or to connect and/nr join the Water Main and appurtenances thereto)and to forever maintain the Water Main whenever necessary within the Easemcnt(s)granted herein.No structure or building of any kind whatsoever shall be erected upon property that is the subject nf this Easement without the express written consent of the City.The temporary easement shall be for a 12 month period,or until the cnd of construction.at which time said temporary will cease and terminate. 3.Maintenance. After 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 area(s)to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor(s),except the City shall not be required to replace landscaping,trees, shrubs,bushes,landscape elements,structures,or underground water systems nor shall the City be required to restore the Easement area by reason nf settlement,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 conditions shall be the sole responsibility of thc Grantor(s)at the Grantor(s)'sole expense. 4,Rinht of Access. The City shall have the right of access to thc Easement Area and have all rights of ingress and egress reasonably necessary for thc usc and enjoytnent of the Easement Area as herein described,including,but nnt limited to,the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. page 2 of 6 Hold Harmless. The Grantor(s)agrees to indemnify and hold harmless the City,its elected officials. employees,officers,agents,representatives,contractors,and attonieys from and against any and all claims or demands for liability,loss,damage,costs,expenses.or attorney's fees of any kind for actions or omissions of the Grantor(s)arising out of or in connection v&ith any undertaking arising out of or otherwise related to this Easement. 6.Runnin ~of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Grantor including.but not limited to,future owners,developers,lessees or occupants.AII provisions of this instrument, including benefits and burdens,run with the land and are bindmg upon and inure to the heirs, assigns,successors.tenants and personal representatives of the patties hereto. 7.Jurisdiction and Venue. The City and the Grantor(s)agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the tcims and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County,Iowa. 8.Words and Phrases. Words and phrases shall be construed as in the singular or plural number,and as masculine. feminine or neuter gender,according to context. 9.Parties. Thc tenn "City"as used heri:in shall refer to thc City of Waukce,low&a,its elected officials& agents,employees,officers.and contractors.The term "Grantor(s)"shall refer to Estella L. Co eland Trust UIA DTD January 4 1991 and Ral h C Co ieland Trust UJA DTD January 4 1991.their heirs,assi&ms.successors-in-interest,or lessees,if any. «&~A&&6 F The City may enforce this instrument by appropriate action,and should they prevail in such litigation they shall recover as part of their costs the reasonable attontey's fees incurred in such litigation. Pa e 3 ot'6 &~». This Agreement shall constitute the entire A&neement between the parties and no amendments or additions to this Agreement shall be binding unless in xvritin&i and signed by both parties. l 2.Para&ra h Headin is. The para&iraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with,the interpretation of this Agreement. ~SI P The City of Waukee will accommodate commercial width drivevvay entrance at the time of Waco Place street widening. Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easement Area 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 Easement Area against the lawl'ul 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 pltrases herein includin&i acknowledgement hereof shall bc construed as in the singular or plural number,and as masculine or feminine gender,according to the context. pages of a Dated this r day of cart'L st-,20/L Estella L.Co eland Trust U/A DTD Januarv 4 1991 Citv of XVaukee a Estella L.Copela)ld (trustee) Attest:Attest: c Tim Mocnuan,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) On the ~day of ctmkar,20~,before me,the undersigned.a Notary Public in and for the State of 7i w ~,personally appeared Cd'ii L.,C;e ,as tmstee of the Estella L.Copeland Trust U A DTD January 4.I 91,to me known to be the identical person named in and who executed the vvithin and foregoing instrument,and acknowledge that hc,as such fiduciary,executed the same as the voluntary act and deed of himself and of such fiduciary. JANEK.INSKKFP.'r".~~",Commissiorr Number rc&33r Sir C mmuNon an irsa —ts Nota Public in and for the State of lowe page 6 of 6 Dated this 1 day of 54 oi IrJbi»20 i; Ral h C.Co eland Trust (J/A DTD Januarv 4 1991 Cltv of VVaukee ~J'~C/-~~'~fe-e ((br~=~ Estella L.Cope(and (trustee) Attest:Attest; rP /'I, Tim Moerthan.City Administrator STATE OF JOtVA ) )SS: COUNTY OF DALLAS ) On the 0 day of mca~~e~,20 /™,before me,the undersigned,a Notary Public in and for the State of ~,,personally appeared C =,'.,.-,ii-'l,f .~ei~rL And o:lf'ar ru /'ee/ar," as trustee of the Ralph C.Copcland Trust UrA DTD January 4,1991,to me known to be the identical person named in and v ho executed the within and foregoing instrument,and acknowledge that he,as such fiduciary.executed the same as thc voluntary act and deed of himself and el'such fiduciary. ~IJ.' omni""ion Number Ieeiti'(,/J.Ms collftlieelofl EXpi fee I/r i-I Notary Pttblic in and for t ie State of lowe Page 6 of 6 nREPARED SY:VEENSTRA 6 KIMM,INC.—3000 WESTOWN PARKWAY —WEST UES MOINES,IOWA 50266-1320 —(515)225-6000 RETURN TO:VEENSTRA 6 KIMM,INC.—3000 WESTOWN PARKWAY -WEST OES MOINES.IOWA 50266-1320 —(515)225-8000 „„'„'„'„L „P„„,EASEMENT DRAWING '"""'-- RALPH C.CDPELAND BEING CONVEYED TD THE PHYSICAL ADDRESS: TRUST U/A JANUARY 4,1991 CITY OF WAUKEE,IA OOK 2017 PAGE2624 N I/4 SEC 32-79-26 FND:ALUMINUM DISC N89'45'47"W(M)2643.54'(M) U.S.HIGHWAY 6 (HICKMAN ROAD) N89'45'47"W(M)1321.77'(M) NE CORNER SEC 32-79-26 FND:IDOT ALUM.DISC P.O.C. NE CORNER NW I/4 NE I/O SEC 32-79-26 FND:MAG NAIL '07'19"E M 597.63'IA 597.69'R85 N65'07'00 'E R 555'07'19'W(M)599.29 (M) P.O.B. N86 28'19 "E(M)728.35'(M) N86'29'20"E(R) S86'28'I 9 "W(M)726.65'(M) c3 'ccn I uc ~P, I LLI UYR07 LEGEND SECTION CORNER MONUMENT FOUND (AS NOTED) ~1/2"REBAR WITH YELLOW CAP918660 8 ZOOT ALUMINUM CAP GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE LINE LI(M) LI(R) LENGTH L2(M) L3(M)HOO'32'05 "E WOIY32'05 "EL4(M) LINE TASLE BEARING SOO'41'01 "W 500'19'3246 500'4'I'01 "W 93.66' 93.99' 20.06' 20.09' 194.96' (M)"AS MEASURED'DISTANCE OR BEARING (R)"AS RECORDED"DIST ANCE OR BEARING PERPETUAL EASEMENT 26.519 SQUARE FEET 0 100 200 I Inch ="00 tt. NW AREA WATER MAIM EXTENSION YEEWSTRA 2 KIMM.TWG.3000 WESTOWW PARKWAY NEST OES MOINES.IOWA 50266-1320515-225-6000 EXHIBIT Rev/BV SHEET 1 OF 2 RREPAREO BY:VEENSTRA 6 KIMM,INC.-3000 WESTOWN PARKi/AY —WEST DES MOINES,IOWA 50266-1320 —(515)225-0000 RETURN TO:VEENSTRA 6 KIMM.INC.—3000 WESTOWN PARKWAY -WEST OES MOINES,IOWA 50266-1320 —(515)225-6000 „„'„",„L „p„„,EASEMENT DRAM ING RALpH C CDpELAND BEING CONVEYED TD THE PHYSICAL ADDRESS: TRUST U/A JANUARY 4,1991 CITY QF NAUKEE.IA OOK 2017 PAGE2625 N I/4 SEC 32-79-26 FND:ALUMINUM DISC N89'45'47"W(M)2643.54'(M) NE CORNER SEC 32-79-26 FND:IDOT ALUM.DiSC IU 0! P.O.C. U.S.HIGHWAY 6 (HICKMAN ROAD) SEC 32-79-26 N89'45'47 W(M)1321.77 (M)FND'MAG NAIL N86'28 19"E(M)728.3~( 9186'29'20 "E(R)P 0 8 N86'28'19"E(M)726.64'(M)N85'07'1 9""E M 597.63'(M) N85'07'00"E R 5gg 29' N85'07'19 "EQM SB5'07'19"W(M)601.78'(M) S86'28'19 "W(M)774 08 2. '(M) Cl WO I Un 7 IL LI In N I D IU)0N O.ILI v IU8II U. I OI ~K / /47 al / /4/LI/ LEGEND SECTION CORNER MONUMENT FOUND IAS NQTEDI e 1/2"REBAR WITH YELLOW CAP818660 e IDOT ALU~I~U~CAP GRID NORTH IONA STATE PLANE COORDINATE SYSTEM SOUTH ZONE UME TAB/2 UME BEAR/MO LENGTH Ll(M)SOI74I,01 50 L4(R)MOO'34'47"E L5(M)500'41'01 "8 Ll(R)SOO'l9'32"W L4(WO MOO'32'05"E 93.86' 93.99' 194.96' 194.96' 113.92' IM)"AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING TEMPORARY EASEMENT 39.777 SQUARE FEET 0 100 INI I Iwnh =200 8. LS/LO 9004I'ni 4 L7(M)MOO'32'05'E 30.08' 30.I 3' NW AREA WATER MAIN EXTENSION YEEMSIRA 0 KIMM,IMC. 3000 WESTOWM PARKWAY liEST OES MOINES.IOWA 50266-1320515-225-8000 Ul0N N RSU/By EXHIBIT SHEET 2 OF 2