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Home My WebLink About2018-02-20-Resolutions 18-072_West Area Trunk Sewer Phase 1 - Easement - AyersTHE CITY OF WAUKEE,IOWA RESOLUTION 18-072 APPROVING SANITARY SEWER EASKMKNT(S)RELATED TO THE WEST AREA TRUNK SEWER PHASE 1 PROJECT [MICHAEL AND KELLY AYERS] INTHENAMEAND BYTHEAUTHOIIITYOF THE CITYOF 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 West Area Trunk Sewer Phase I Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Michael and Kelly Ayers 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 20 day of February,2018,that it hereby approves the Sanitary Sewer Easement(s)related to the West Area Trunk Sewer Phase 1 Project [Michael and Kelly Ayers]in th a ount of $22,724.70. Attest: .Peard,ayor Rebecca D.Schuett,City Clerk RESULTS OF VOTE: Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R,Lyon AYE X X X X NAY ABSENT ABSTAIN X IIIII|IINIIIllllltllllllllltllllltllllllfllllflllll|lllll8llfIIlll Recorded:03/01/2018 at 08:37:55 AMFeeAmtt847.00 Page 1 of SOallaaCountyrouaChadC.Airhat.t RECORDERFileta EK2018 -3150 Bill/Return to: Becl&y Schuett,City of Waukee 230 W.Hicl&man Rd. Waukee,IR 50263 Pre arodl 6 Travis 1 paul veen&trad.Kimrn Inc 3000 we&town pkwu tvett De&Moinc.iowa 50255 &is 2cs-ttttOS SANITARY SEWER EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigtied,Michael A ers and Kell A ers husband and wife,(hereinafter referred to as the nGrmitor(s)n),of the City of Waukee,Dallas County,Iowa,in consideration of thesumofTwent -Two Thousand Seven HundredTwent -Fourand70/100Dollars 22724.70 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„lowe,a municipal Coiporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafter rei'erred to as "Sanitary Sewer Easement"or nEasement(s)n)and right-of-way upon, over,undo'.,through and across the real property legally described as: Part of the Northwest 1/4 of the Southwest 1/4 of Section 5,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,lowe,described in Book 2007 on Page 3001 in the Dallas County Recorder's Office. Perpetual Easement Said perpetual easement being a strip 30.00 feet in width lying 15.00 feet on each side of the following described line: Commencing as a point of reference at the Northwest corner of said tract;thence South 43o57'14n West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),46.18 feet along the West line of said tract to the point of beginning;thence South 70'10'24"East,144.96 feet;thence South 39'45'22u East,365.00 feet;thence South 88'l l'55n East,100.41 feet to the West right-of-way line of Ute Avenue.The sidelines of said strip to be shortened or lengthened to terminate at the West line of said tract described in Book 2007 on Page 3001 and al the West right-of-way line of Ute Avenue. Containing 18,311 square feet,more or less. Page I of 5 Temporary Easement Said temporary easement being more particularly described as follows: Beginning at the Northwest comer of said tract;thence North 83'17'30"East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),51.16 feet along the North line of said tract;thence South 70'10'24"East, 97.99 feet;thence South 39'45'22"East,213.41 feet;thence South 50'14'38" West,40.00 feet;thence South 39 45'22"East,171.38 feet to a point on the North line of a perpetual sanitary sewer easement as shown on Exhibit PE-2 sheet I of 2; thence South 88'll'55"East,87.72 feet along said North line to the West right-of-way line of Utc Avenue and the beginning of a non tangent curve concave Northwest and having a radius of 1001.80 feet,to which beginning a radial line bears South 62 17'05"East;thence Southwesterly along said West right-of-way line and along said curve through a central angle of 00 09'l2"an arc distance of 2.68 feet,said curve having a chord which bears South 27'38'19"West,2.67 feet; thence tangent to said curve South 28'14'03"West,86.65 feet along said West right-of-way line;thence North 88'l l'55"West,97.34 feet:thence North 39'45'22"West,198.50 feet;thence North 50'14'38"East,40.00 feet:thence North 39'45'22"West,188.94 feet;thence North 70 10'24"West,149.36 feet to the West linc of said tract;thence North 43'57'14"East,73.57 feet along said West line to the point of beginning,EXCEPTING THEREFROM said perpetual sanitary sewer easement as shown on Exhibit PE-2 sheet I of 2. Containing 36,166 square feet,more or less. Use and Put ose of Easement s This Easement shall be granted for the purpose of locating sanitary sewer(s)(hereinatter referred to as "Sewer(s)")and to permit 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 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 thereto)and to forever maintain Sewer(s)whenever necessary within the Easement(s)granted herein.No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easemcnt without the express written consent of the City. 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. 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 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 of settlement,depression,or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area;any subsequent restoration by reasnn of settlement,depression nr any unknown conditions shall be the sole responsibility of the Grantor(s)at the Grantor(s)'sole expense. d.~Rht 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 Area as herein descidbed,including,but not limited to,the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area, 5.Hold Hartnless. The Grantor(s)agrees to indemnify and hold hartnless the City,its elected nfficials, employees,officers,agents,representatives,contractors,and attorneys 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 with any undertaking arising nut 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 nnt limited to,future owners,developers,lessees or occupants.All provisions of this instrument, including benefits and burdens,run with the land and are binding upon and inure to the heirs, assigms,successors,tenants and personal representatives of the parties hereto. 7.)urisdiction and Venue. The City and the Grantor(s)agree the District Court of the State of iowa shall have exclusive jurisdictinn nver the subject matter and enforcement of the terms and cnnditions 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 constmed as in the singular nr plural number,and as masculine, feminine or neuter gender,according to i;ontexb 9.Parties. The term "City"as used herein shall refer to the City of Waukee,iowa,its elected officials, ~h t,yly,fti,d t t .fh t "0 t 11"111 f i~Mph IA ~did 11 A,th 1 h 1,id,-1 -1 t t,I,ii'y. 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. ~l»t tl ». 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 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 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 at«ainst 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 Dated this 9 day of ,20~. Michael A ers and Kell A ers Citv of Waukee Michael Ayers Kelly Ay rs Illiam P ard,Mayor Attest;Attest 2 S Tim Moennan,'City Administrator STATE OF IOWA ) )SS: COLNTY OF DALLAS ) 0 th Sh d y f~fSS000,00~i,h f,th d i d,ff t B 0 hli i df th St t i~phd,p lly pp d g I'E.(tfte-(to me known to be the identical person(s) named in and who executed the foregoing instrument,and acknowledge that (he)(she)(they) executed the instrument as (his)(her)(their)volun act and de / EEI'EY J.LAYTEE'Ef I""'ssalB NUBfnsf 7288SO y CU1AVifSSIUN LXPSHUS Bsnv 2-l,20 .IQ Notary blic in nd for the State of Iowa Onthe &day of Pk'~sXS',20 l o,beforeme,theundersigned,a Notary Public in and for the State of 0 vv'R,personally appeared ~(to me known to be the identical person(s) named in and who executed the foregoing instrument,and acknowledged at (he)(she)(they) executed the instrument as (his)(her)(their)volunt act and deed Notary P lic in a d for the State of Iowa Page 5 of 5 A ye JeEEEIEY J LA I feF,Ei L;:.t- Cf lint fossfoa 4UfBOS 22' I0IY I-'UMiMISSIUIhi EXthffff-j~ MAY 20L 2I! EASEMENT DRAWINGOWNER MICHAEL KELLY AY BOOK 200 PARCELIO: 16053020 OF PERPETUAL SANITARY SEWER EASEMENT BEING CONVEYED TD THE CITY OF WAUKEE,IAERS AYERS 31.471 UTE AVENUE 7 PAGE 3001 NAUKEE.IA 50263 SM CQflHER GOVERNMENT LCT 14 02 MAG NAIL 40.34'lM) 40.26'(R) Sl"'NS(EHT LOT 13 GQVE SEC 5-78-26 OW CAPS2592 /Z.pzpE W/YELL ~)-g 1308 94'(M'l S83'38'50 W (R)4306.8'(„2 56 00. PARCEL"F" BK2008 PG11227 ANGELA V.JACOBSEN GRADLEY R,JACQBSEN BK2007 PG5652 683 1 om 14K 96'(M)01 1/2 PIPS RGM).LG'I +i+~VII'4 oP S39'45'22"E(M) 365.00'(N) --~715,05'l f fIK ul JOSEPH J.KAZDR fej JQANN KAZQR BK703 PG308 mmmmmm E IK 3 X 15.00'( 30.00' Om MICHAEL AYERS KELLY AYERS BK2007 PG3001 OOmm ~/A PT NS 15 76-2 EEC i PARCEL"G" 29'lRGM X l3K2008 PG11227 38 00"If (Rl 66 'pSC. 7.30-W(M)S82'670430'24 "E(M) I/3'PIPE M/YELLOW CAP49532 I 1 I 1/2"PIPS M/YELLOW CAP49532 688'11'55 "E (M) 100.41'(M)dd)s~ (R 0 „40E(R)/O(0 969 06 (6 (RAO RE64'RRRER0 / R fjgy 4PS EI(Ok%46 I04/W 6747 /'~~&GRID NDRTH /love IONA STATE PLANE'4 COORDINATE SYSTEM SDUTH ZONESWCORNER NW 1/4 SW 1/4 SEC 5-78-26 FNQ:1/2"REBAR N17 20 57 W(M) 'I NQQ'37'00"E(R)/197.4'(RGM)/S69.~PUBLIC HIGHWAYSZO'26 3,EASEMEMT ~/'06 0 6(BK392 PS590 ,O /5 200 400 LEGEND /4 FOUND SECTION CORNER ~FOUND PROPERTY CORNER (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING PERPETUAL EASEMENT 18.311 SQ.FT. LOE RADIUS DELTA 01 100130 '(R)252.36 '(Rl C2 100330'(Hl 13'13'17"04 231.17'(M) LINE BEARING L1 N63'42'06"W (M) L1 N64 '21'42 "W (f9 DISTANCE 161.81'(Ml 161.46 '(0) 1001130'(M)14 '25'52"00 25236'00 CHORD BEARING S07 '16 '42 "H (M) S21 06'16"W(MI 251.66 '00 23066 ' (M) HEST TRUNK SEMEN VEEMSTBA 9 KYMM,YMC. 3000 MSSTSMM PAAKMAY WEST SSS MOINES,IGMA 50255-1330-205-5000 EXHIBIT Rev/By SHEE)1 OF 2 EASEMENT DRAWING OVVNER: MICHAEL AYERS KELLY AYERS BOOK 2007 PAGE 3001 PARCELID: 1605302002 OF PERPETUAL SANITARY SEWER EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE,IA ADDRESS: 31471 UTE AVENUE NAUKEE.IA 50263 LEGAL DESCfafvllON A per petual sanitary sewer easement located in a tr act of land in thatpartoftheNorthwest1/4 of the Southwest 1/4 of Section 5,Township 7B Nol'th,Range 26 West of the 5th P.M.,Dallas County,Iowa,described in Book 2007 on Page 3001 in the Dallas County Recorder'sOffice.Said perpetual easement beinq a strip 30.00 feet in width lying15.00 feet on each side of the following described line: Commencing as a point of reference at the Northwestcornerofsaidtract;thence South 43 57'14"West (allbearingsreferencedtoGridNorthIowaStatePlane Coordinate System South Zone],46.iB feet al.ong the West line of said tract to the point of beginning;thenceSouth7010'24"East.144.96 feet;thence South39'45'22"East.365.00 feet:thence South BB '11'55" East.100.41 feet to the West right-of-way line of Ute Avenue.The sidelines of said strip to be shortened orlengthenedtoterminateattheWestlineofsaidtract described in Book 2007 on Page 3001 and at the Nest r ight-of-way line of Ute Avenue. Containing 16,31 1 square feet,more or less. WEST TRUNK SEWER VEENSTRA 0 KINK INC.3000 NESTSNN PARKNAV HEST OES HOINES.IOWA 00200-3320535-2 -00 EXHIBIT Rev/By SHEET 2 OF 2 EASEMENT DRANI NGOWNER: MICHAEL AYERS KELLY AYERS BOOK 2007 PAGE PARCEL ID: 1605302002 OF PERPETUAL SANITARY SEWER EASEMENT BEING CONVEYEO TO THE CITY OF WAUKEE.IA 31471 UTE AVENUE WAUKEE,IA 50263 SW CORNER GOVERNMENT LOT 14 HAS NAIL 40.34'(H) 40.26'(Rl 0 200 400 om mOOtQRR I/2'PIPE W/YELLOW OAPBS532 583 17 30 om pl mmPI -~715 05'(RGMl +Q ~b %+I / I mZ Irz +y~bb'/ m I m JOSEPH J.KAZQR iom I o JQAHN KAZQR I la 90,00'X Cf ?6 00+I/2'PIPE /5 «5y«'&/ 'v / 10.00'&W~+Kb 5' I I I/2 PIPE W/YELLOW CAPSS532 BK703 PG308 «~HICHAEL AYERS KELLY AYERS BK2D07 PG30Q1 '/L7 IF 2O M(7*20'57 "W (M) 90.00'Lg /3$()NOD'37'00"E(A)/(PS///~1 197.4'(RGM)/ss ~s'28 PUBLIC HISHWAY /,ee~~ S&O 8'30.EASEMENT'OS'O S(p/~BKBBB PSBOO (/)//0/0 COpp'6' (/7 "/gog o8 OO~ '0'e4 as a/(os 44 p O4p»4(/ OOmo GRID NOATH IONA STATE PLANE COORDINATE SYSTEM SOUTH ZONE SW CORNEA HW 1/4 SW I/O SEC 5-78-26 FHQ:I/O REBAR 6 o"WMEI(T LQT 13 GDVER SEC 5-78 25 QW CAPB2692 PIPE 5/YELL ~K 13QB g4 (M) 683'38 .IR)X 06,8'(R) PARCEL"F" BK2008 PG11227 ANGELA V.JACOBSEN BRADLEY R.JACOBSEN 4 cYI'Dl BK2D07 PG5652 IIII 1)78 28'~~~ SEC i PARCEL"G" 7 29'(RGH X BK2008 PG11227 2'38 00 W (R)86 P.O,B. "W(H)562' L TIE RADIUS DELTA CI 1001.90 ' IH)14 '25 '52"IH) 1001.80 'IR) ARC CHORD BEARING 252.36 '00 S07 '16 '42 "W (M) 25236 ' (A) 25126 ' IM) LINE BEARING L1 N63'42'06 "W (H) Lf N64 '21'42 "W (R) L2 N83 '17'3D "E DISTANCE 161.81'00 16126 ' (R) 51.16 C2 1001.80 ' (Ml 13 '13 '17"(H)231.17 ' IM)S21 '06 '16 "W (H) C3 1001.80 0 '09'12 2.68 'S27 '38 '19 "W LEGEND FOUND SECTION CORNER 0 FOUND PROPERTY CORNER 23036'(M) 2.67 L3 670 '10 24 "E L4 S39 '45 22'E L5 S50'14'38"W L6 S39 '45'22 "E L7 SSB '11'55 "E LB S28 '14'03 "W Lg N89 '1155"W LID N39 '45 '22 "5 g7 gg' 2 13.41 40.00 171.38 87.72' 66,65 9734' (95.50 (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS AECQADED"DISTANCE OR BEARING TEMPDRARY EASEMENT 36,166 SQ.FT. L11 N50 VN '38'2 L12 N39 '45'22 "W L13 N70'1024'W L14 N43'57'IOE 188.94 149.36 73.57' WEST TRUNK SEWER YEEHSTIUI 2 KIHH.YHO.3050 WBSYOKK PARKWAY NEST OBB HOIHES,IOWA 50255-1220515-22 OOO EXHIBj T T E —2 Rev/By SHEET I OF 2 EASEMENT DRAWING OWNER MICHAEL AYERS KELLY AYERS BOOK 2007 PAGE 3001 PARCELID: 1605302002 OF PERPETUAL SANITARY SEWER EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE,IA ADDRESS: 31471 UTE AVENUE WAUKEE.IA 50263 LEGAL DEBCRIPRON A temporary construction easement located in a tract of land located inthatpartoftheNorthwest1/4 af the Southwest 1/4 of Section 5,Township 78 North,Range 26 West of the 5th PIM.,Dallas County,Iowa,as described in Book 2007 on Page 300i in the Dallas CountyRecorder's Office .Said temporary easement being more particular lydescribedasfollows: Beginning at the Northwest corner of said tract;thenceNorth83'17 '30"East (SI I bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),51.16 feet along the North line of said tract;thenceSouth70'10'24"East,97.99 feet;thence Sauth39'45'22"East,213.41 feet:thence South 50 '14'38" West.40.00 feet;thence South 39 '45'22"East.171,38feettaapointantheNorthlineofaperpetualsanitarysewereasementasshawnanExhibitPE-2 sheet 1 af 2;thence South 88 ii'55"East,87,72 feet along saidNarthlinetotheWestright-of-way line of Ute Avenue and the beginning of a non tangent curve cancave Northwest and having a radius of 100i.80 feet,towhichbeginningaradiallinebeersSouth62'17'05" East;thence Southwester ly slang said West right-af-waylineandalongsaidcurvethroughacentralangleaf00'09'12"an are distance of 2.68 feet,said curvehavingachordwhichbearsSouth27'38'19"West.2.67 feet:thence tangent ta said curve South 28 14'03" West.86.65 feet along said West right-of-way line;thence North 88 11'55"West.97.34 feet;thence North3945'22"West,198.50 feet:thence North 50 14'38" East,40.00 feet;thence North 39 '45'22"West,188.94feet;thence North 70 '10'24"West,i49.36 feet to the West line of said tract;thence Narth 43 '57 '14 "East,73.57 feet along said West line to the point ofbeginning.EXCEPTING THEREFROM said perpetual sanitary sewer easement as shown on Exhibit PE-2 sheetaf2. Canteining 36,166 square feet,more ar less. WEST TRUNK SEWER YEENSTNA 0 KTMN,INO.3000 WESTOMN PARKWAY NEST OES MOINES,10WA 80288-I320 8 -228-8000 EXHIBIT T E 2 Rev/By SHEET 2 OF 2