HomeMy WebLinkAbout2018-02-05-Resolutions 18-048_West Area Trunk Sewer Phase 1 - Easement - JacobsenTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-048
APPROVING SANITARY SEWER EASEMENT(S)RELATED TO THE
WEST AREA TRUNK SEWER PHASE 1 PROJECT [ANGELA V.AND
BRADLEY R.JACOBSKN]
IN THE NAME AND BY THE A UTHORITY 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 Sanitary Sewer Easement is necessary for the purpose
of construction of the West Area Trunk Sewer Phase I Project;AND,
WHEREAS,said easement shall be located on a portion of the property owned by Angels V.
and Bradley R.Jacobsen and legally described as referenced in Exhibit A,Easement Area,of the
Sanitary Sewer Easement(s)which is attached hereto.
NOW THEREFORE BE 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
West Area Trunk Sewer Phase I Project [Angela V.and Bradley R.Jacobse in the amount of
$28,105.89.
Wilham F.Pe d,ayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
X
X
NAY ABSENT ABSTAIN
X
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Dcc ID:007431930009 Type:EASERecorded:02/13/2018 at 08:00:10 AMFeeAmt:$47.00 Page 1 of 9DallasCountvIowa
Chad C.Alrhart RECORDERFI3.ear
«20i89023i5
Bill/Return to:
Becky Schuett,City of Waukee
230 W.Hickman Rd.
Waukee,IA 50263
1'ro pared b Travis I pmrl veensira &kunun inc 3000 westomn pkwv we 1 Des Mnines lohva 30766 3 is 223-3000
SANITARY SEWER EASEMENT S
KNOW TO ALL MEN BY THESE PRESENTS:
The undersigned,An ela V.Iacobsen and Bradle R.Iacobsen husband and wife
(hereinafter referred to as the eGrantor(s)n),of the City of Waukee,Dallas County,Iowa,in
consideration of the sum of Twent -Ei ht Thousand One Hundred Five and 89/100 Dollars
~ppr.rdd.hv d thtg d d I hl id da,th ipt d rei y r hh
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 refened to as "Sanitary Sewer Easement"or nEasement(s)e)and right-of-way upon,
over,under,through and across the real property legally described as:
Pait of'the Northwest I/O of the Southwest I/4 of Section 5,Township 78 North,Range 26 West ol'
the 5"'P.M.,Dallas County,Iowa.
Perpetual Easement
Said perpetual easement being a strip 30.00 feet in width lying 15.00 feet on each side of the
following described i inc:
Commencing as a point of reference at the Northwest corner of said Northwest I/4
of the Southwest I/4;thence South 01'16'30h West (all bearings referenced to
Grid North Iowa State Plane Coordinate System South Zone),25.23 feet along the
West line of said Northwest I/4 of the Southwest I/4 to the point of beginning;
thence North 83'39'34h East,165.28 feet;thence South 09'37'30n East,105.00
feet;thence South 57'05'28n East,381.00 feet;thence South 70 10'24h East,
112,51 feet to the North line of a tract of land described in Book 703 on Page 308
in the Dallas County Recorder's Oflice.The sidelines of said strip to be shortened
or lengthened to terminate at the West line of said Northwest I/4 of the Southwest
I/4 and at the North line of said tract described in Book 703 on Page 308.
Containing 22,913 square feet,more or less.
Page I ol'5
Temporary Easement
Said perpetual casement being more particularly described as follows;
Beginning at the Northwest corner of said Northwest I/4 of the Southwest I/4;
thence North 83"38'50"East (all bearings referenced to Grid North Iowa State
Plane Coordinate System South Zone),185.51 feet along the North line of said
Northwest 1/4 of the Southwest I/4;thence South 09'37'30"East,117.65 feet;
thence South 57'05'28"East,370,00 feet;thence North 32'54'32"East,41,73
feet;thence South 70'10'24"East,227.58 feet to the North line of a tract of land
described in Book 2007 on Page 3001 in the Dallas County Recorder's Office;
thence South 83'17'30"West,201.46 feet along said North line and along the
Noith line of a tract of land described in Book 703 on Page 308 in said Dallas
County Recorder's Office;thence North 70'10'24"West,68.26 feet;thence South
32'54'32"West,39.33 feet;thence North 57'05'28"West,409.58 feet:thence
North 09 37'30"West,72.20 feet;thence South 83'39'34"West,112.56 to the
West line of said Northwest I/4 of the Southwest I/4;thence North 01'16'30"
East,90.80 feet along said West line to the point of beginning,EXCEPTING
THEREFROM a perpetual sanitary sewer easetncnt as shown on Exhibit PE-4
sheet I of 2.
Containing 47,440 square feet,more or less.
2,Use and Pu»ose of Easement s .
This Easenient shall be granted for the purpose of locating sanitary sewer(s)(hereinat'ter
referred to as "Sewer(s)")and to pemiit and allow the city to enter 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 consnsict,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 thereto)and to forever maintain Sewer(s)whenever necessary within
the Easement(s)gt anted herein.No structure or building ot'any kind whatsoever shall be erected
upon property that is the subject of this Easement without the express written consent of the Cit&s
The temporary easement shall be for a 12 month period,or until the end of construction,at which
time said temporary will cease and terminate.
3.Maintenance.
Atter the initial construction of the Sewer(s),and acceptance by the City,thc City agrees,
as part of the reconstruction,maintenance and patrolling of the Sewer(s),to restore and replace the
Easement area(s)to substantially the sruiie 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 of settlement,depression,or any unknown
conditions which arise subsequent to the restoration and/or replacing of the easement area:any
Page 2 nf 5
subsequent restoration by reason of settlement,depression or any unknown conditions shall be the
sole responsibility of the Grantor(s)at the Griuitor(s)'sole expense.
4.~th It fA
Thc 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 enjoyfncnt of the Easement Area as herein
described,including,but not limited tof the right to remove any unauthorized obstfsfctions or
structures placed or erected in the Easement Area.
5.Hold Harmless.
The Grantor(s)agrees to indeninify and hold harmless the City,its elected officials,
employees,officers,agents,representatives,contractors,and attorneys from and against any and
all claims or demands for liability,loss,dainage,costs,expenses,or attorney's fees of any kind for
actions or omissions of the Grantor(s)arising out of or in comiection with any undertaking arising
out of or otherwise related to this Easement.
6.Runnin 4 of Benefits and Burdens.
The temis and conditions of this Easement are binding upon the Grantor including,but not
limited to,future owners,developers,lessees or occupants.All prohdsions of this instrument,
including benefits and burdens,tsfn with the land and are binding upon and inure to the heirs,
assigns,successors,tenants and personal representatives of the parties hereto.
7.Juidsdiction and Venue.
The City and the Grantor(s)agree the District Court of the State of Iowa shall have
exclusive jurisdiction over thc subject matter and enforcement 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 tems "City"as used herein shall refer to the City of Waukee,Iowa,its elected officials,
4 t,plf,fh,1 t t .Th t "O ut ll"Ill f I~At V.
.Iacobsen and Bradle R.Jacobscn,their heirs,assiyts,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 attorney's fees incurred in such
litigation.
11.~lt
This Agreement shall constitute the entire Agreement between the parties and no
amendments or additions to this Agreement shall be binding unless in writing and signed by both
parties.
12.Para a h Headin s.
The paragraph headings in this Agreement arc 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 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 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.
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 the context.
Page 4 of 5
Otdtll ~idy
An ela V.Jacobsen and Bradle R.Jacobsen ~it fw u
m .ard,ayor
Attest Attest:
'")+I
STATE OF IOttitrA )
)SS:
COUNTY OF DALLAS )
Tnn Moot'an,City Administrator
I
On the~day of '.,20~f5,before me,the undersigned,a Notary
P St df tl St t f~l-.,p am tty pp d
&ufdleIo b c'est r 4 2;c Cw Se 'rsmeto me known to be the identical person(s)
named in and to executed the foregoing instru t,and acknowledged that (he)(she)(they)
executed the instrument as (his)(her)(their)vo 1 ry t d deed.
BRADFORD A HEIJsBIO5~t6amtrsr 22ETAS
Notary Pu ic iri and for t State of Iowa
On the 1 8 day of K4,20 l'~,before me,the undersigned,a Notary
Public in and for the State of ~,personally appeared
IV)ll(itf(g Id(f4 fit&A Jt l A(~PI to meknown to betheidentical person s
named in and who executed the foregoing instnunent,and acknowledged that (he),(she)ey)
executed the instrument as (~(her)-(the+voluntary act and deeddrf&d)E fAg t)f'(ftfQ 73~9
.~gt d,REBECCA D.SCHUETT"Commission reumryer 71 6496
My Commission Expires
resy 13,2020
Notary Public in and for the State of Iowa
Psge 5 of 5
EASEMENT DRA WING
ANGELA V.JACQBSEN
BRADLEY R.JACQBSEN
BOOK 2007 PAGE 5652
PARCELID:
1605301001
DF PERPETUAL SANITAAY SEWER
EASEMENT BEING CONVEYED TQ
THE CITY OF NAUKEE,IA
ADDRESB:
31347 UTE AVENUE
NAUKEE,IA 50263
GW CORNER
GOVERNMENT LQT 14
HAG NAIL
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40(25'IR)
I/2 p(PE W 583 38,.W(A)1306 8
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155 28'(Hl
0"E (M)
SQG 37 .(M)PARCEL"F"
ANGELA V.JACQBSEN
BRADLEY R.JACOGSEN
BK2007 PG5652 o o mi
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KELLY AYERS
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GRID NORTH
/00/~ev IOWA STATE PLANE
COORDINATE SYSTEM
SOUTH ZONESWCORNER
WW I/4 SW I/4
SEC 5-78-26
FKD:I/2"AEBAR
/:N(7'20'57")4 (M)
NQQ '37'00 "E (R)
LEGEND
FOUND SECTIQN CORNEA
~FOUND PROPERTY CORNER
LINE RADIUS DELTA
100180'(M)14'25'52"(M)25236'(H)
1001.80 '0l)252.36 '(R)
200
CHQAD GEARING
SQ7 '16'42 "W (H)
400
25(66 '
IW)
(M)"AS MEASURED"DISTANCE
OR BEARING
(R)"AS RECOAOEQ"DISTANCE
OR BEAAING
PERPETUAL EASEMENT
22,913 SG.FT.
100180'00 13'13'l7"(H)231.17'(M)
LINE BEARING DISTANCE
161.81 '
(M)LI N63'42'06'W (Ml
L I Iv64 '21'42 "W (A)161 46 '
(R)
S21 '06 '16 "W (Ml 230.66'(M)
WEST TRUNK SEWER
VEENQYAA 6 KIHH,IHC.
3000 HEOYOHH PARKWAY
WEGY 056 MOINES.IOWA 50066-1300—'-60 0
EXHIBIT
Rey/Sy SHEEI'1 OF 2
EASEMENT DRAWING
ANGELA V.JACOBSEN OF PERPETUAL SANITAFIY SEWER ADDRESS:
BRADLEY R.JACOBSEN EASEMENT BEING CONVEYED TO 31347 UTE AVENUE
BOOK 2007 PAGE 5652 THE CITY OF WAUKEE,IA WAUKEE,IA 50263
PARCEL IDI
1605301001
lEGAL DESCRIPTION
A perpetual sanitary sewer easement located in part of the Northwest1/4 of the Southwest 1/4)of Section 5,Township 78 Nor th,Range 26Westafthe5thP.M.,Dallas County,Iowa.Said perpetual easementbeingastrip30.00 feet in width lying 15.00 feet on each side of thefallawingdescribadline:
Commencing as a paint af reference at the NorthwestcornerofsaidNorthwestI/4 af the Sauthwest 1/4;thence South 01'16'30"West (all bear ings referencedtoGridNorthIowaStatePlaneCoordinateSystemSouthIona),25.23 feet slang the West line of saidNorthwesti/4 of the Southwest 1/4 to the paint afbeginning;thence North 83 '39 '34 "East.165.28 feet;thence South 09'37'30"East,105.00 feet;thence South57'05'28"East,381.00 feet;thence South 70 '10'24"
East,112.5i feet ta the North line of a tract of landdescribedinBook703onPage308intheDallas
County Recorder's Office.The sidelines of said strip tobeshortenedorlengthenedtoterminateattheWestlineofsaidNorthwest1/4 of the Southwest 1/4 and attheNorthlineofsaidtractdescribedinBook703on
Page 308.
Containing 22,913 square feet.more or less.
NEST TRUNK SEWER
VEENSTNI 0 KINK,INC.
3000 WESTOWN FANKWAY
WEST aES NSINES.IOWA 50200-I320
5 IS-225-2000
ExHTei T P E —0
Rev/By GREET 2 OF 2
EASEMENT DRAWING
ANGELA V.JACDBSEN
BRADLEY R.JACOBSEN
BOOK 2007 PAGE 5552
PARCEL ID:
1605301001
OF PERPETUAL SANITARY SEWER
EASEMENT BEING CONVEYED TD
THE CITY OF NAUKEE,IA
ADDREBBI
31347 UTE AVENUE
WAUKEE,IA 5Q263
SH CONNER
GOVERNMENT LOI 14
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COORDINATE SYSTEM
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SEC 5-78-26
FND'.1/2"REBAR
4000200
F,Q.B.
Htt CORNER
HW 1/4 SH 1/4
SEC W/VELLQH CAPS '8'HP'W 04)13 '6'(8)40 PG'(Gl294'(H)40 34'(H)
(/2 PIPE W 583 '38',
W (8)13Q6,8 '40.
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ANGELA V.JACOBSEN
BRADLEY R.JACQBSEN oor
BK2007 PG5652 o o nl(
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PARCEL'G
72 /2//BK2009 PG(1227
yo '/4/////,(~
/)/pi+16
LINE RADIUS DELTA ARC CHORD BEARING CHORD LINE BEARING DISTANCE
C(1001 80'lM)14 '25'52"(M)
1001.80 '(8)
02 1001.80'(M)13 '13'17"(M)
252.36'IM)S07 '16'42 'W IM)
252.36 '
(H)
231.17'(M)S21'06'16"W IM
251.66 '
(M)
230.66 (H)
L1
L1
L2
161.81'(Ml
161.46 '(8)
185.51
117 65609'37 '30 "EL3
N63 '42 '06 "H (H)
N64 '21'42 'W (R)
N83 '38'50 'E
LEGEND
/4 FOUND SECTIDN CORNEA
0 FOUND PROPERTY CORNER
L5
L6
L7
657 '05 '28 'E
N32 '54 '32 "E
S70'10'24 "E
683'17'30 "5
370.01
rl1.73
227.58
201.46
(M)"AS MEASURED"DISTANCE
09 BEARING
(R)"AS RECORDED"DISTANCE
OR BEARING
TEHPDRARY EASEMENT
47,440 SO.FT.
LB
L9
L10
L I 1
I 12
I 13
N70 '10'24'll
832 '54 '32'll
N57 '05'28 N
N09 '37 '30 "W
S83 '39 '34 "W
NQI '16'30 E
39.33
409.58
72.20
112 FB
90.80
MGST TAUNK GGHEA
VESHSTRA 2 KIMM.IMC.
3500 HSSTGIIM PAHKIIAV
HEST GES MOINES.IGHA 50255-3320515-225-2500
EXHIBIT
R v/By SHEET I OF 2
EASEMENT DRANING
V JACOBSEN OF PERPETUAL SANITARY SEWER ADDRESS'.
BRADLEY R.JACOBSEN 31347 UTE AVENUE
BOOK 2007 PAGE 5652 THE CITY OF WAUKEE,IA NAUKEE,IA 50263
PARCEL IDI
1605301001
LEGAL DESCRIPTION
A temporary canstructian easement located in part af the Northwest
1/4 af the Southwest 1/4 of Section 5,Township 78 North,Range 26
West af the 5th P.N.,Callas County,Iowa.Said perpetual easement
being more par ticular ly descr ibad as follows:
Beginning at the Nar thwest cor ner of said Nor thwest
1/4 of the Southwest 1/4;thence Nar th 83'38'50"East
(all bear ings referenced to Gr id Nor th Iawa State Plane
Coordinate System South Zone),185.51 feet along the
Nor th line of said Nor thwest 1/4 of the Southwest 1/4:
thence South 09 37'30"East.117.65 feet;thence South
57 '05'28"East,370.00 feet;thence North 32 '54'32"
East,41.73 feet:thence South 70 '10'24"East,227.58
feet to the North line of a tract of land descr ibed in
Book 2007 on Page 3001 in the Clallas County
Recorder
's Office;thence South 83 '17 '30"West,
201.46 feet along said North line and slang the North
line of a tract af land described in Book 703 an Page
306 in said Callas County Recorder 's Office;thence
Narth 70 '10'24"Nest,68.26 feet;thence Sauth
32 '54 '32"Nest,39.33 feet.;thence North 57 '05 '28"
Nest,409.58 feet;thence North 09 '37 '30"West,
72.20 feet;thence South 83 '39'34"West,ii2.56 to
the West line of said Northwest 1/4 of the Southwest
1/4;thence North Oi 16'30"East,90.80 feet alang said
West line to the point af beginning,EXCEPTING
THEREFROM a perpetual sanitary sewer easement as
shown on Exhibit PE-4 sheet 1 of 2.
Containing 47,440 square feet,mare or less.
NEST TRUNK SEWER
VEENSTRA 0 KINK.INC.
3000 WESTOWN PARKWAT
WEST aES NSINES.ISWA 002SS-3320SIS-'-0000
ExHIBIT T E
Rsv/ay SHEET 2 OF 2