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Home My WebLink About2018-02-05-Resolutions 18-047_NW Area Trunk Sewer Extension Phase 4 - Easement - Waukee T Avenue LLCTHE CITY OF WAUKEE,IOWA RESOLUTION 18-047 APPROVING SANITARY SEWER EASEMENT(S)RELATED TO THE NORTHWEST AREA TRUNK SEWER EXTENSION PHASE 4 PROJECT [WAUKEE T AVENUE)LLC] IN THE NAMEAND BY THEAUTHORITYOF THE CITY 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 Sanitary Sewer Easement is necessary for the purpose of construction of the Northwest Area Trunk Sewer Extension Phase 4 Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Waukee T Avenue,LLC,and legally described as referenced in Exhibit A,Easement Area,of the Sanitary Sewer Easement(s)which is attached hereto. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 5'"day of February,2018,that it hereby approves the Sanitary Sewer Easement(s)related to the Northwest Area Trunk Sewer Extension Phase 4 Project [Waukee T Avenue,LLC]in the amount of $4,606.65. iam F.ear,yor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R.Lyon X X NAY ABSENT ABSTAIN X IllllIlilllli|l|ltlllllfllllllllllllllflllllll|llllIiiii|lllllllfiilf Recorded:02/13720ia at 03:00:09 AMFeeAmt:$37.00 Page i of 7DallasCountytous Chad C.Airhart RECORDERFiled ek2028 F023 i 4 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 SANITARY SEWER EASEMENT S KNOW TO ALL MEN BY TIIESE PRESENTS: The undersigned,Waukee T Avemie I.LC,(hcrcinafter referred to as the eGrantor(s)u),of the City of Waukee,Dallas County,lowe,in consideration of the sum of Four Thousand Six llundred Six and 65/100 Dollars 84606.65 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 Waulcee,lowe,a municipal Coiporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer Easement"or uEasemcnt(s)u)and ri toit-of-way upon,over,under,through and across the real property legally described as: Perpetual Easement A petpetual sanitary scwcr casement located in part of the Southwest I/4 of the Southwest I/4 of Section 29,Township 79 North,Range 26 West of the 5"'P.M.,Dallas County,Iowa.Said peqietual easement being more particularly described as follows: Commencing at the Southwest corner of said Section 29;thence North 00'27'45"East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),131.17 feet along the West line of said Southwest I/4 of the Soutlnvest I/4;thence South 89"32'15" East,40.00 feet to a point on the East right-of-way line of T Avenue,said point being the point of beginning;thence North 00'27'45"East,39.00 feet along said East line;thence South 89'46'42"East,67.00 feet;thence South 00'27'45"West,39.00 feet to the North line of a peipetual sanitary sewer easement as shown on DWG.NO.E-5 sheet I of I;thence North 89"46'42"West,67.00 feet along said North line to the point of beginning. Contaimng 2,613 square feet,more or less. Page 1 of 5 Temporary Easement A temporary construction easement located in part of the Southwest 1/4 of the Southwest 1/4 of Section 29,Township 79 North,Range 26 West of the 5'"P,M.,Dallas County,iowa.Said temporary easement being more particularly described as follows: Commencing at the Southwest corner of said Section 29;thence North 00'27'45'*East (all bearings referenced to Grid North Iowa State plane Coordinate System South Zone),170.17 feet along the West line of said Soutlnvest 1/4 of the Southwest 1/4;thence South 89'32'15*' East,40.00 feet to a point on the Fast right-of-way line of T Avenue,said point being the Northwest corner of a perpetua!sanitary sewer easement as shown on DWG.NO.E-7 sheet 1 of 2 project 275204 and the point of beginning;thence North 00'27'45"East,49.83 feet along said East right-of-way line;thence South 89'46'42"East,110.00 feet;thence South 00"27'45*'West,70.00 feei to the North line of a temporary constrtiction easement as shown on EXHBIT E-4 sheet 2 of 2 project 275298;thence North 89"46'42'*West,20.00 feet along said North linc;thence North 00'27'45"East,31.50 feet along said North linc;thence North 89a46'42"West,75.00 feei along said North line;thence South 00"27'45"West,11.33 feet along said North line of above described temporary easemcnt to the North line of said perpetual easement DWG.NO.E-7,'thence North 89'46'42'*West,15.00 said North line to the point of beginning. Containing 5,035 square feet,more or less. 2.Ipse and Put ose of Easement s . This Easement shall be granted for the purpose of locating sanitary sewer(s)(hereinafter refened to as "Sewer(s)")and to permit and allow the city to cntcr at any time upon,over,under, 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 Sewer(s)therein or to connect and/or join Sewer(s)and appurtenances theret.o)and to forever maintain Sewer(s)whenever necessary within the Easement(s)granted herein.No structtue or building of any kind whatsoever shall be erected upon propetdy that is the subject of this Eascmcnt without the express written consent of the City. The temporary easement shall be for a 12 month period,or until the end of constrttction,at which dme said temporary will cease and tertninate. 3.Maintenance. After the initial construction of the Sewer(s),and acceptance by the City,the City agrees, as part of the reconstruction,maintenance and patrolling of the Sewer(s),to restore and replace thc Easement area(s)to substantially the same condition as prior to the tintc of entry or as agreed upon by the City and the Grantor(s),except the City shall not be required to replace landscaping,trees, shrtabs,bushes,landscape elements,structures,or underground water systems nor shall the City be required to restore thc Easement area by reason of settlement,depression,or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area;any Page 2 of 5 subsequent restoration by reason of settlement,depression or any unknown conditions shall be the sole responsibility of the Grantor(s)at tbe Grantor(s)'sole expense. 4.Ri~ht fA The City 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 Arcs as herein described,ittcludiug,but not limited to,the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5.Hold Harmless. Thc Grantor(s)agrees to indmnnify 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 attoniey's fees of any kind for actions or omissions of the Grantor(s)arising out of or iii connection with any undertaking arising out of or otherwisc related to this Easemcnt. (x I&unnin of Bcncfits and Burdens. The terms and conditions of this Easemcnt are binding upon the Grantor including,but not limited to,future owners,developers,lessees or occupants.All provisions of this instrument, including benefits and burdens,nui with the land and are binding upon iuid inure to thc heirs, assigns,successors,tenants and personal representatives of the parties hereto. 7.Jurisdiction and Venue. The City and the Grantor(s)agree thc District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforccmcnt of the terms 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. The teton "City"as used herein shall refer to the City of Waukce,Iowa,its elected officials, agents,employees,officers,and contrartors.The term RGrantor(s)R shall refer to waukee T Aveliiie LLC,their heirs,assigns,successors-in-interest,or lessees,if any. page 3 of 5 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 1 1t 1gatlon. This Agreement shall constitute thc entire Agreement between the parties and no amendments or additions to this Agreement shall bc binding unless in writing and signed by both par(les. 12.P~it tt Ah ". The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with,the interpretation of this Agreement. Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easrancnt Arcs by title in fce 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 lawful clatms of all persons whomsoever. Each of thc undersigned hereby relinquishes all rights of dower,homestead and distributive share,if any,in and to the interests conveyed by this Easement. Words and phrases herein including acknowledgement hereof shall be construed as in the singular or plural number,and as masculine or feminine gender,according to thc context. rut atI ~nal a.r r JQxurr ,20 /0 . Waukcc T Avenue LLC Cill I'W k i liam F.P ar,ayor Attest: Person and title Attest: -.--)y., Tim Moerrr3an,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) On this~pl tday of ,20 I5,b fore me,a Notary Public,in and for said State and county,personally appearc (signatory name),t me rsonally 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 instnnnent was si ofthe said-imited liability company by authority of its managers and the said os%'a,REBECCA B.SCHUETT r.Commission Number 7 taxes My Commission Expires trlay 13,2020 Notary Public in and for the State of lowe STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~%day of 8W ,20 J5,before mc,the undersigned,a Notary Public in and for said County and State pers nally appeared William Peard and Tim Moerman,to me personally known,who being by me duly sworn,did say that they are the Mayor and City Administrator of the City of Waukee,lowe,a municipal corporation,executing the witlun and foregoing instrumcnl and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee,by it anal by them voluntarily executed. ,,e«r ~REBECCA (2.ECHVETT g P Commission Number 7144911 My Commission Expires tasy 13,2020 Notary Public in and for the State of owa Page 5 of 5 PMEPAAED BY:VEEMSTRA 9 KIMM,IMC.-3000 MESTDWM PARKWAY -WEST DES MOINES,IOWA 50256-1320 -l515l 225-8000 OWNER WAUKEE T AVENUE,LLC BOOK 2005 PAGE 2235 EASEMENT DRAWING FOR SANITARY SEWER EASEMENI FOR THE CITY OF WAUKEE.IA PARCEL ID: 1229300004 MI/4 CORNEA SECTION 29-79-26 FND:5/B"REBAR LINE L1 BEARING DISTANCE NOR'27'45 "5 39.00' L2 SB9 '46 '42'E 67.00 L4 SOU'27'45"M 39.00 NB9 '46 '42 "N 67.00 &@Fo @IK,gCJ Cg IUV N III oo IIUZ El N Iz L1 I L2 L4+ ED ~F27 g+CI' v+0~ L3 PERPETUAL SANITARY SEWER SASENENY UNS.NS.5-5 SHEET I OF 2 l0 DALLAS COUNTY CONSERVATION BOARD P.D.B.DALLAS COUNTY CONSERVATION BOARD 969 '42'00"W 2.640.52' 61/4 CORNEA P.0.C. SECTION 30-79-26 SW CORNER FND:ALUM.DISC SECTION 29-79-26 FND:1 "PIPE 689'32'15"E 40.00' SB9 46 42 E 2,642.56 S1/4 CDANEA SECTION 29-79-26 FND:IDOT CAP HICKMAN ROAD (HIGHWAY G) LEGEND FOUND SECTION CORNER PERPETUAL EASEMENT 2,613 SO.FT. 0 100 200 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE ECALE I IW' CAECKED DPI *PPADPED JDK Dl'll Dl-IE-IB I.C. SANITARY SEWER EASEMENT IN SW 1/4 OF THE SW 1/4 SECTION 29-79-26 EDDDWaunm APE@By ~Wae RAP MDIAPP,loDB 2022&u20I/EEIVStgA 22 KlMAYP INC.2202222DDD,22022SPIWIEPNIP ~eOII2DEJKDWIWNIB IIWB.NO. E —7 OF 2 PADJECI 2IDEDJ PBEPAREO BY:VEEMSTMA 8 KIMM.IMC.—3000 YESTOMM PARKIIAY —NEST OES MOINES.IOWA 50266-1320 -1515)225 8000 OWNER EASEMENT DRAWING WAUKEE T AVENUE,LLC FOR SANITARY SEWER EASEMENT FOR THE CITY DF NAUKEE,IA PARCEL ID: 1229300004 Wf/4 CORNER SECTION 29-79-26 FND:5/8"REBAR LINE BEARING DISTANCE L I NQO '27 '45 "E 49.83 L2 689'46'42"E 110.00 l.3 SOO '27 '45 "W 70.00 L4 N89 '46 '42'W 20.00 L5 NOO '27 '45 "E 3150 L6 N89 '46 '42 "W 75.00 ' L7 SOO'27'45"W 11.33' LB NB9'46'42 "W 15.00 5 @PCS 50 o' Cg UJ CO CNZ Iwrlfl INCO CJ U. Ll s@5 e+s" L2 PERPETIUL SANOARY 5ENER EASEHERT3ONO.NO.E.l 512EI I OF 2 PNJECI 215OIA L7 2 L TOBTTURY CONSIBOCTXN EAUNENI RNIBIT EW REEI 2 ll 2 PHAECI 2152BB EIHIBII LU El I OF 2 IIYLEO 215255L PERP TUAL SANITARY SEHER EASEMENT ONB.HO.2-5 SHEEI I CF 2 RUJECI 2152N r~p DALLAS COUNTY CONSERVATION BOARD DALLAS COUNTY 689 '42 '00 "W 2.640.52 ' Sf/4 CORNER P.O.C. SECTION 30-79-26 SW CORNER FND:ALUM.DISC SECTION 29-79-26 FND:1 "PIPE HICKMAN ROAD (HIGHWAY 6) S1/4 CORNER SECTION 29-79-26 FND:IDOT CAP SBG'46'42"E 2,642.58' LEGEND A FOUND SECTION CORNER gg TEMPORARY EASEMENT 5,035 SQ.FT. 1"=100' 100 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 200 BBJLR \'raa' aaraa IJP cawr 50 RJN Appawaa Ja OATR al-la"ra CONSTRUCTION EASEMENT IN SW 1/4 OF THE SW 1/4 SECTION 29-79-26 %00 Iwwawa parkway ~ffaw 0 lwalaaa,iowa 50255-f220 NI50250MO 51$22$20JB IPAl0 '500 2014000 IWATSI DWG.ND. E —7 2 CF 2 PROJECT ar520