The URL can be used to link to this page

Home My WebLink About2018-03-19-Resolutions 18-107_West Area Trunk Sewer Phase 1 - Easement - KazorTHE CITY OF WAUKEE,IOWA RESOLUTION 18-107 APPROVING SANITARY SEWER EASEMENT(S)RELATED TO THK WEST AREA TRUNK SEWER PHASE 1 PROJECT [JOSEPH J.AND JOANN KAZOR] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA USE,IOIYA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that Sanitary Sewer Easement(s)are necessary for the purpose of construction of the West Area Trunk Sewer Phase 1 Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Joseph J.and Joann Kazor 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 19'"day of March,2018,that it hereby approves the Sanitary Sewer Easement(s)related to the West Area Trunk Sewer Phase 1 Project [Joseph J.and Joann Kazor]in ount of $2,667.20. i li .card,ayor Attest: 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 IIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIIIIIIIIIIII Doc ID:007465200009 Type:EASE Recorded:03/26/2018 at 08:41:41 Att Fee Ant:$47.00 Page 1 of 9 Dallas County Iowa Chad C.Airhart RECORDERFilet ax 20 1 8 -4548 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd, Waukee,IA 60263 Pre ared b Travis J,paul Veenstra tk Kimm inc.3000 Westown pkw West Dcs Moines iowa 50266 515 r25-8000 SANITARY SEWER EASEMKNT S KNOW TO ALL MKN BY THESE PRESENTS: 1.Grant of Easement s The undersigned,Jose h J.Kazor and JDAnn Kazor husband and wife,(hereinafter referred to as the uGrantor(s)u),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Two Thousand Six Hundred Sixt -Seven and 20/100 Dollars $2 667.20 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 (hereinatter referred to as "Sanitary Sewer Easement"or uEasement(s)u)and right-of-way upon,over,under,through and across the real property legally described as: Part of the Northwest I/4 of the Southwest I/4 of Section 5,Township 78 North,Range 26 West of the 5"'I'.M.,Dallas County,Iowa,described in Book 703 on Page 308 in the Dallas County Recorder's Office. Perpetual Easement Said perpetual easement being more particularly described as follows: Commencing as a point of reference at the Northeast corner of said tract;thence South 43o57'14n West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),29.74 feet along the East line of said tract to the point of beginning;thence continuing South 43'57'14n West,32.87 feet along said East line;thence North 70'10'24u West,88.85 feet to the North line of said tract; thence North 83'17'30u East,67.15 feet along said North line;thence South 70'10'24n East,42.20 feet to the point of beginning. Containing 1,966 square feet,more or less. Page 1 of 5 Temporary Easement Said perpetual easement being more particularly described as follows: Beginning at the Northeast corner of.said tract;thence South 43'57'14"West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),73.57 feet along the East line of said tract;thence North 70'10'24"West, 104,39 feet to the North line of said tract;thence North 83'17'30a East,150.30 feet along said North line to the point of beginning,EXCEPTING THEREFROM a perpetual sanitary sewer easement as shown on Exhibit PE-3 sheet I of 2. Containing I,539 square feet,more or less. 2.Use and Put ose of Easement s This Easement shall be granted for the purpose of locating sanitary sewer(s)(hereinafter referred to as a 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-surtace 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 Easement without the express written consent of the City. The tetuporaty 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 reason of settlement,depression or any unknown conditions shall be the sole responsibility of the Grantor(s)at the Grantor(s)'sole expense. 4.R~iht f A 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 described,including,but not limited to,the right to remove any unauthorized obstructions or stmctures placed or erected in the Easement Area. Page 2 of 5 5.Hold Harmless. The Grantor(s)agrees to indemnify 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,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 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.All provisions of this instrument, including benefits and burdens,run with the land and are binding upon and inure to the heirs, assigns,successors,tenants and personal representanves of the parties 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 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 term "City"as used herein shall refer to the City of Waukee,Iowa,its elected ofticials, ~K t,Ply,fd,d t t .Th t "G t JJ"hll f t~JFJ.K* and JoAnn Kazor,their heirs,assigns,successors-in-interest,or lessees,if any. 10.A~tt '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 attorney's fees incurred in such litigation. I I.I~th 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. Pago 3 Of 5 IZ.Para ra 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 IIEREBY 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 tights 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 D t dta ~~d y r bi~.otssaa,yp~t Jose h J.Kazor and JoAnn Kazor Citv of Waukee WgP g'-~~~ Io n azor i am F.ear,yor Attest:Attest: Tim Moer ati,ity Administrator STATE OF IOWA ) )SS: COUNTY OF~S ) On the ~4 day of ~~3 „20~,before me,the undersigned,a Notary Public in and for the State of J-('VJC~,personally appeared .3(,"(.h..Y-'4ZL~to me known to be the identical person(s) natned in and who executed the foregoing instrument,and acknowledged that (he)(she)(they) executed the instrument as (his)(her)(their)voluntary act and deed. CARINA VANDENAKKER Commission No.753305 My ns on.eatytrss XN Notary Public in and for the State of Iowa 0 tt Jh~dy r~QU t 20~I,yr,tt d ts d,'~ty P dtt t dt'ty St t y~vl .,p tty pp d CARINA VANOENAKKER Commission No.753305 My C mi on EK(trms*:4i Notaiy Public in and for the State of Iowa to me known to be the identical person(s) named in and who executed the foregoing instrument,and acknowledged that (he)(she)(they) executed the instrument as (his)(her)(their)voluntary act and deed. ':r&',"4 'A Pago 5 of 5 EASEMENT DRAWINGOWNER: JOSEPH J.KAZDR JOANN KAZOR BOOK 703 PAGE 308 PARCEL (D: 1605302001 OF PERPETUAL SANITARY GENER EASEMENT BEING CONVEYED TO THE CITY OF NAUKEE,IA ADDRESS: 31475 UTE AVENUE NAUKEE,IA 50263 SW CORNER GOVERNMENT LOT 14 MAG NAIL 40.34'(Ml 40 26 (FO O Pl mOOIoomrrnOlANGELAY.JACOBSEN BFIADLEY R.JACOBSEN BK2007 PG5652 1(436 2P, SEC N PARCEL"G" 7 29 (RGM BK2008 PG11227. W (R)657 28 I/2 PIPE W/YELLOW CAPF9532 Ecc I L5Ecc3.17 30 "4 L4 rRm Iomj n. 5 05'(RGFO I 5 L+I V.rc lrc .+LcyL+cHA &5 'CN+r rn Iro JOSEPH J.KAZOR ,en'cl,i om Io JOANN KAZOR m BK703 PG308 re I I I I/3 PIPE W/YELLOW CAP49532 C1 P 0,0 MICHAEL AYERS KELLY AYERS BK2007 PG3001I N17 '20 '57"N (H) 36 R)Noo 37 00 E ( (64'8/I 197.4 '(RGM) 669 . 676 26'a .6 0060(/ / POSLIG HISHIIAY~/ EASEMENT nl.~ SK392 P5500 / /~ncy GRID NORTH /rOO cr IOWA STATE PLANE CODRDINATE SYSTEM SOUTH ZONE 6(/7//0/0 46 ggg 06 („ "6664@66/1»~64r 61(06864», 04PP (4///674) SW CORNER NW I/4 SW 1/4 SEC 5-78-26 FNO;1/2"REBAR 200 400 SYI ENT LPT 13CORNER GPYER SEC 5 78 2 OW CAP02592 1/2"PIPE W/YELL "W (M)08 94'RM) 583 .38 50"W ((8)+306.8'(8) SB2'56'00 " PARCEL"F" BK2008 PG11227 LINE RADIUS DELTA 01 1001.80'(H)14 '2552"(M) 1001.80 '(R) C2 1001.80'(M)13'13'17"(M) ARC CHORD BEARING 252.36'lM)S07'16'42"N(M) 252,36 '(R) 231.17'(M)S21 06'16'W (M) 251.66 ' (H) 230.66 ' (M) LINE L1 Ll L2 L3 N63 '42 '06 "M (M) N64 '2 I'42 34 (R) 643'57'14 "W N70 '10 '24 "W DISTANCE 161.81'(M) 161.46'(R) 32.87' 88.85 LEGEND FOUND SECTION CORNER FOUND PROPERTY COFINER L4 L5 N83'17'30 E S70 '10'2rl "E 67.15 42 20 (Ml "AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING PERPETUAL EASEMENT 1.966 SQ.FT.WEST TRUNK SEWER YEENSYRA 0 KIWM YNO. 3000 WESTOWN PARKWAY WEST OES MOINES,IONA 50355-1320 535-235-5000 ExHxBzT P E Rev/By SHEET 1 OF 2 OWNER: JOSEPH J.KAZOR JOANN KAZOR BOOK 703 PAGE 308 PARCEL ID: 160530200i OF PERPETUAL SANITARY SEWER EASEIWENT BEING CDNVEYEIl TO THE CITY OF WAUKEE,IA EASEMENT DRAWING ADDRESS: 31475 UTE AVENUE WAUKEE,IA 50263 lEGAL DEBCRIPRON A perpetual sanitary sewer easement located in a tract af land in that part of the Nor thwest 1/4 of the Southwest 1/4 of Section 5,Township 78 North.Range 26 West af the 5th P.N.,Dallas County,Iowa, described in Book 703 an Page 308 in the Dallas County Recorder's Office.Said perpetual easement being more particular ly descr ibad as f allows: Commencing as a point of reference at the Northeast corner of said tract:thence South 43 '57'14"West (all bear Ings referenced to Grid North Iowa State Plane Coordinate System South Zone).29I74 feet along the East line of said tract to the point of beginning;thence continuing South 43 '57'14"West,32.87 feet along said East line;thence North 70 '10'24"West,88.85 feet to the North line af said tract;thence North 83 '17 '30" East,67.15 feet along said North line;thence South 70 '10 '24 "East,42.20 feet to the point af beginning . Containing 1.966 square feet,more or less. WEST TRONK SEWER YSENSTRA 8 KINK.INC. 3000 NE5TSNN PARKWAY WEST SES HOINES.IONA 50255-f320 535-225-8000 EXHIBIT ASY/By SHEET 2 OF 2 EASEMENT DRA NING OF PERPETUAL SANITARY SEWER EASEMENT BEING CONVEYED TD THE CITY OF NAUKEE,IA ADDREBS: 31475 UTE AVENUE WAUKEE.IA 50253 SH CORNEA GOVERNMENT LOT 14 HAG NAIL 40.34'(H)40.26'(9) JOSEPH J.KAZOR JOANN KAZQR BOOK 703 PAGE 308 PARGELID: 1505302001 o ci m O ONoommin I/2'PIPE H/YELLOW CAP49532 582 38 00 683zcc 17 30"H(M)0 Sp'(M) om ~715 05 (RGM) gxJ IOE m [o JOSEPH J.KAZQR &ec c„ io Jn I o JQANN KAZOA Im BK703 PG308 I I I I/3 PIPE H/YELLBB CAP49532 Ci 0,0.5 ci mmmmmI MICHAEL AYERS KELLY AYERS BK2007 P63001 ~33' dd)~)N17'20'57 "IY(MI Npp '37'00"E Al( oocim (197.4'(RSN) ssg . g&O gg 30"0 'oo s(/v/ / PUBLIC HIGHHAT~/ EABBHEHY ~nY.~ BK332 PB500 O~JU/ GRID NORTH /~hei IOWA STATE PLANEJcCOORDINATESYSTEM SOUTH ZONE S(/7//0/o AE ggg'SOS („/ycn.gs Cogi)E) ' (/7/ / sdg 4 SIIOS 644 P04PPP(4(/ie/67 SH CQANEFI NH 1/4 SW 1/JI SEC 5-78-26 FND;1/2'AESAR cH CQFNEA GOVERNMENT BEC 5-78-2 LLpH CAPB2592 ~ (M)3.38 50"N(N)306 8'(R) 2'PIPE 5/"E ~-—~K 1308.94, SB ',,pp.W (R) PARCEL F BK2008 PG11227 ANGELA V.JACQBSEN BRADLEY R.JACOBSEN A cAKYI BK2007 PG5652 NB 1/19-26 5EC X PARCEL"G" 29'(RGM BK2008 PG11227 "H (R)867 200 400 LEGEND FOUND SECTION CORNER 0 FOUND PROPERTY CORNER LINE RADIUS 01 1001.80 ' (M) 1001.80'(A) DELTA 14 '2552"(Ml 252 36 ' (M) 25236'(A) CHQAQ BEAAING CHQAQ S07 16 '42 "H (N)251.66 '00 (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS RECDRDED"DISTANCE OR BEARING TEMPORARY EASEMENT 1539 SQ.FT. C2 (001.80'(M)13 '13 '17"(M)231.17'00 LINE BEARING DISTANCE Ll N63'42'06"W(M)161.81'(M) Li N64'21'42"H00 161MB'(R) S21 06'16'H (N)230.66'(M) HEST TRUNK BEHEA VBBNBYBA 0 KYHM.INC. 3000 HBBTOWN PAFJKWAY NEST 033 HBIHBB.ZONA 50255-1320515-325-0000 EXHIBIT T E RBY/Sy SHEET 1 OF 2 OWNER: JOSEPH J.KAZOR JOANN KAZOR BOOK 703 PAGE 308 PARCELID: 1605302001 OF PERPETUAL SANITARY SEWER EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE,IA EASEMENT DRAWING ADDRESS: 31475 UTE AVENUE WAUKEE.IA 50263 LEGAL DESCRIPTION A tempor sr y constr uction easement located in a tract of land in that 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,Iowa, described in Book 703 on Page 308 in the Dallas County Recorder 's Office.Said perpetual easement being more particularly described as follows: Beginning at the Northeast corner of said tract;thence South 43'57'l4"West (a11 bear ings referenced to Gr id North Iowa State Plane Coordinate System South Zone), 73.57 feet along tne East line of said tract;thence North 70'10'24"West.104.39 feet to the North line of said tract;thence North 83'17'30"East,150.30 feet along said North line to the point of beginning.EXCEPTING THEREFROM a perpetual sanitary sewer easement as shown on Exhibit PE-3 sheet 1 of 2. Containing 1,539 square feet,more or less. WEST TRUNK SEWER VEENSTRA 6 KIMM.INC. 3000 WESTONN PARKWAY NEST OES MOINES,IOWA 50266-f320515-225-5000 EXHIBIT RSv/By SHEET 2 OF 2