HomeMy WebLinkAbout2018-03-19-Resolutions 18-108_West Outfall Sewer - Easement - KlinkefusTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-108
APPROVING SANITARY SEWER EASEMENT(S)RELATED TO THE
WKST OUTFALL SEWER PROJECT [BRADLEY KLINKEFUS]
IN THE NAMEAND BY THEAUTHORITYOF THE CITYOF WACKE,IONA
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 Outfall Sewer Project;AND,
WHEREAS,said easement shall be located on a portion of the property owned by Bradley
Klinkefus 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 Outfall Sewer Project [Bradley Klinkefus]in the amount of $17,708.5 L
Attest:
'liam F.Pe d,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
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Doc ID:007466190009 Type:EASE
Recorded:03/26/2016 at 06:41:16 AM
Fee A)nt:$47.00 Page 1 of 9
Dallas County Iowa
Chad C.Airhart RECORDER
Friar)
BK2018 F04547
Bill/Return to:
Becky Schuett,City of Waukee
230 W,Hickman Rd.
Waukee,IA 60263
Pro ared 6 Trayis I paul Vccnstra &.Kimm Inc 3000 Woe&own pkw W&at Des Moines Iowa 60266 1)s 229'&a)0
SANITARY SEWER EASEMENT S
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant of Easement s .
The undersigned,Bradle Klinkefus,(hereinafter referred to as the eGrantor(s)n),of the
City of Waukee,Dallas County„Iowa,in consideration of the sum of Seventeen Thousand Seven
Hundred Ei rht and 51/100 Dollars 517 708.51 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 Waukec,iowa,a municipal Corporation (hereinafter referred to as "the City"),a
permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer Easement"or
"Easement(s)e)and right-of-way upon,over,under,through and across the real property legally
described as:
Part of the Northeast 1/4 of the Southwest 1/4 of Section 5,Township 78 North,Range 26 West of
the 5th P.M.,lying South and West of Sugar Creek Acres,an Official Plat in 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 line:
Commencing as a point of reference at the Southeast corner of said Northeast 1/4
of the Southwest 1/4;thence South 82'52'59e West (all bearings referenced to
Grid Noith Iowa State Plane Coordinate System South Zone),999.51 feet along
the South line of said Northeast I/4 of the Southwest 1/4 to the centerline of that
sanitary sewer easement recorded in Book 2017 on Page 3086 in the office of the
Dallas County Recorder;thence North 07'36'10r West,121.77 feet along said
centerline;thence North 40'44'24e West,15.09 feet to a point on the West line of
said sanitary sewer easement,said point being the point of beginning;thence
continuing North 40'44'24e West,409.74 feet;thence North 88ol1'SSe West,
94.09 feet to the Eastright-of-way line of Ute Avenue.The sidelines of said strip
to be shortened or lengthened to terminate at the West line of said sanitary sewer
easement and at the East right-of-way line of Ute Avenue.
Containing 15,146 square feet,more or less.
Page I of 5
Temporary Easement
Said temporary easement being more particularly described as follows:
Commencing as a point of reference at the Southeast corner of said Northeast I/O
of the Southwest I/4;thence South 82e5Z59"West (all bearings referenced to
Grid North Iowa State Plane Coordinate Systetn South Zone),1014.51 feet along
the South line of said Northeast I/4 of the Southwest I/O to the West line of that
sanitary sewer easement recorded in Book 2017 on Page 3086 in the office of the
Dallas County Recorder;thence North 07'36'10"West,98.68 feet along said
West line to the point of beginning;thence North 40'44'24"West,424.87 feet;
thence North 88'l l'55"West,95.01 feet to the East right-of-way line of Ute
Avenue;thence North 27'45'00"East,5.43 feet along said East right-of-way line
to the beginning of a tangent curve concave Northwesterly and having a radius of
1081.82 feet;thence Northeasterly along said curve and along said right-of-way
line through a central angle of 05'29'03"an arc distance of 103.54 feet,said curve
having a chord which bears North 25'00'28"East,103.50 feet to the Southwest
comer of Lot I,Sugar Creek Acres,an Official Plat,now included in and forming
a part of the City of Waukec,Dallas County,Iowa;thence on a non-tangent line
South 80'39'37"East,94.40 feet along the South line of said Lot I;thence South
40e44'24"East,427.46 feet to the West line of the above mentioned sanitary
sewer easement;thence South 42'33'10"West,74.12 feet along said West line;
thence South 07'36'10"East,29.98 feet along said West line to the point of
beginning,EXCEPTING THEREFROM a perpetual sanitary sewer easement as
shown on Exhibit PE-I sheet I of 2.
Containing 31,368 square feet,more or less.
2.Use and Pur ose of Easement s .
This Easement shall be granted for the purpose of locating sanitary sewer(s)(hereinat)er
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 Easemcnt(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 Easement without the express wtdtten 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.
AAer the initial construction of the Sewer(s),and acccptancc by thc 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 stone condition as prior to the time of entry or as agreed upon
Page 3 of 5
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 Easeinent area by reason of settlement,depression,or any unknown
conditions which arise subsequent to the restoration and/or replacing of the easement area;iuiy
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.Riuht of Access.
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 enjoyinent of the Easement Area as herein
descfibed,including,but not limited to,the right to retnove any unauthorized obstinctions or
structures placed or erected in the Easement Area.
5.Hold Hamiless.
The Grantor(s)agrees to indemnify and hold harmless the City,its elected officials,
employees,otficers,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 representatives 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 official,
agents,employees,officers,and contractors.The tenn "Grantor(s)"shall refer to~Bradle
Klinkefus,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 attorney's fees incurred in such
litigation.
I I.3*.
This Agreement shall constitute the entire Agreement between the patties 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 Agtreement are included solely for convenience and shall
not affect or be used in connection with,the interpretation of this Agreement.
13.~Si 1P
The City shall provide a physical connection point to the sanitary sewer at no cost to the
Grantor(s)for a future sanitary sewer extension.The Grantor(s)are hereby granted the right to
connect Grantor(s)existing residence to said connection point at Grantor(s)expense.The
comtection shall be made by extending the existing residence's sanitary sewer service to the City
provided sewer stubout.
The City will waive payment of the City sanitary sewer connection fee for one residence
parcel.This waiver does not apply to the WRA sewer capacity fee or to the sewer permit tap fee.
If Grantor(s)property is subdivided in the future and if more than one residence is ever
needing to be connected to the sanitary sewer within the Easement Area a manhole shall be
installed at Grantorts expense at the end of the 8-inch stubout and all sewer services shall be
connected through the matthole.Individual residences cannot be connected directly to the sanitary
sewer or directly to a manhole on the sanitary sewer except the one residence into the one manhole
as described hereinbefore.If the parcel is subdivided,the City sanitary sewer connection fee shall
be in an amount equal to the maximum acre area of contiguous property,or fraction thereof,within
the connection fee district under such ownership which can be lawfully served through such
proposed connection,multiplied by thc per acre connection fee established in the Ordinance to
Establish a Connection Fee District for that disttdct.
The City shall replace the existing driveway located on County Road R-22 into the
property with similar materials and thickness at no cost to the Grantor(s)if the driveway is
removed as a part of the construction of the sanitary sewer.
Grantor does HEREBY COVENANT with thc 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
Page 4 of 5
same;and said Grantor covenants to WARRANT AND DEFEND the said Easement Area against
the lawful claims of all persons whomsoever.
Each of the undersigtted 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.
Dated this day of A4 ,sog.
a~dr Kh k f ~oit fW k
Bradley I'tkefu liam .P ard,ayor
Attest:Attest:
STATE OF IOWA )
)SS:
COUNTY OF DALLAS )
O th t3P d y P~PVI ,20 I g,before me,thc undersityyted,a Notary
P hll l df th St t f~p,p dly pp d
f7d/e to me known to be the identical person(s)
named in a d who executed the foregoing instrument,and acknowledged that (he)(she)(they)
executed the instrument as (his)(hcr)(their)voluntary act and deed.
Notary Public in and for the State of Iowa
tSELISSit VEEMSTattoeBCommissionNumber798699
tfbf Commission Expires
Au ust 12,2019
Page 5 of 5
EASEMENT DRAWING
OWNEF(:
BRADLEY KLINKEFUS
BOOK 2015 PAGE 19677
PARCEL ID:
1605326003
OF PERPETUAL SANITAF)Y SEWER
EASEMENT BEING CONVEYED TD
THE CITY OF WAUKEE.IA
WE CORNER
LOT 2
FND:3/4 PIPE
ADDRESS:
31476 U)E AYENUE
WAUKEE,IA 50263
LOT 2
S03 '20 '59"W (M)
408.94'(M)
S02 '37 '05 "3 (9)
409.11'(R)
LOT 3
3/4 "PIPE
l
ff/YELLOI
CAP43162
LD'r 4
fe I Nf)9 'B~Wg)(L 593.74 'INCR)
ANg~(
N89 '22 31 EER)
S03 20'59 "W (M)
84.17'(M)602'37'05 "W (R)
82.88'(R)feefoM
~f2
'v-
NBO 39'57"N(M)
208.66'(M)
N81'25'05"W(R)LOT 1 1208.46'fRl EEK(CREE
(ACRES
MOB '2O'O4"W (M)
221.2e ffe
Noe 'fo 'eo'W (Fl)
222.73'(R)
LOT
I/4'PIPE
W/YELLOW
3/4 PIPE EU(2A 1
W/YELLOW
CAP43169 482 54 (M)
N84.13 45 E(482 72 (Rl
N83 '31 '02"5 (Rl
t)3 CAP43165~+gq,4o~
f0+//-
/
40 '44 '24"W (Ml
tll Of
fwf
15,00 )3)f
I/A ffef
C Yf col /4,/
LOT 5
P,O.C.
BE CORNER
NE 1/4 SW 1/4
409,74'(M)
N40'44'24"W (M)
15.09'(M)l
N07'36'10"W (M)121.77 '
(M)
3/4 PIPF SEC 5 78 26
EKL01 I )(„/YELLOff FND:3/I"PIPE
1
WE COR~6/YSLLSW CAF46169
CAP450~4)()T)518'g4 (R)
281'58'(Rl .(M1 880 58;(9)
Ggg '52 '59 „"(R)880.52
ggg 51 (Ml22019.W
582 52 59 W (M)9
LEGEND
FOUND SECTION CORNER
~FOUND PROPERTY CORNER
(M)"AS MEASURED"DISTANCE
OR BEARING
(R)"AS RECORDED'DISTANCE
OR BEARING
686m PERPETUAL EASEMENT
15,146 SO.FT.
0 200 400
GRID NORTH
IONA STATE PLANE
COORDINATE SYSTEM
SOUTH ZONE
WEST TRUNK SEWER
YSEHSYRA 6 KIWW.IWC.
Sflee WESTSWW PARKWAY
WSSY 026 WOIWE5.IOWA 50266-4320
545-225-6000
ExHIBIT P E —5
Rev/BY SHEET 1 OF 2
EASEMENT DRAWING
OWNER:
BRADLEY KLINKEFUS
BOOK 2015 PAGE 19677
PARCEL IDI
1605326003
OF PERPETUAL SANITARY SEWER
EASEMENT BEING CONVEYED TO
THE CITY OF WAUKEE.IA ADDFIESS:
314/6 UTE AVENUE
WAUKEE,IA 50263
lEGAL DESCRIPTION
A perpetual sanitary sewer easement located in Part of the Nor theast
1/4 of the Southwest 1/4 of Section 5,Township 78 North.Range 26
West of the 5th P.M.,lying South and West of Sugar Creek Acres,anOfficialPlatinDallasCounty,Iowa.Said perpetual easement being astrip30.00 feet in width lying 15.00 feet on each side of the following
described line:
Commencing as a point of refer ence at the Southeast
corner of said Nor theast 1/4 of the Southwest 1/4;
thence South 82 52'59"West (all bearings referencedtoGridNorthIowaStatePlaneCoordinateSystem
South Zone).999.51 feet along the South line of said
Northeast 1/4 of the Southwest 1/4 to the centerline of
that sanitary sewer easement reconded in Book 2017 on
Page 3066 in the office of the Dallas County Recorder:
thence North 07 '36'10"West,121.77 feet along saidcenterline:thence North 40 '44'24"West,15.09 feet to
a point on the West line of said sanitary sewer
easement,said point being the point of beginning;
thence continuing North 40 '44'24"West.409.74 feet:
thence North BB '1i'55"West,94.09 feet to the East
r ight-of-way line of Ute Avenue.The sidelines of saidstriptobeshortenedorlengthenedtoterminateatthe
West line of said sanitary sewer easement and at,theEastright-of-way line of Ute Avenue.
Containing 15,146 square feet,more or less.
NEST TRUNK SENER
VEENSTRA 0 KIISA INC.
3000 IIESTONN PARKWAY
NEST OES NSINES.TSNA 3030S-I330SIS-200-8000
EXHIBIT
Rav/By SHEET 2 OF 2
EASEMENT DRAWING
OWNER:
BRADLEY KLINKEFUS
BOOK 2015 PAGE 19677
PARCEL (D:
1605326003
DF PERPETUAL SANITARY SEWER
EASEMENT BEING CONVEYED TD
THE CITY OF WAUKEE,IA
ME CORNER
LOT 2
FMO.'3/4'PIPE
ADDRESS:
31476 UTE AVENUE
WAUKEE,IA 50263
LINE
Ll
803 '20 '59"W (MI
408.94'(Ml
LDT 802 '37 '05 "5 (R)
409,1 1 '(8)
LOT 3
3/4 pTPE LDT 4
I
5/YELLOW
CAPES(59
803'20'59"W (M)(NB('SE'5)'ILAIL 593 74 iMSRL
M89 '22 '3T"EE~ECC'
Icce ce
84.17'(M)
902 '37'05 "W (9)
82.88'(R)
RP ce CP +/
~CPCP CJ
++Qb L2
Cc 0~L+
NBO '39 '57 "W (M)
208.66'(M)
N81 25 05 W(R)LDT 1
208.46'(8]EE(CI
3 4"PIPE F(CREE
I/ACRF 5
M05'20'04'W (W)
221.26'(M)
W06'10'50 W (R)
222.73'(9)
LDT 5
/SUFP /c I
2/YELLOW
CAPPSI59
NBA 13 46.2(M)482',72 (R)
NB3'31 02
PERPERIAL RARITAAY EEVER
I
3/4'PIPE
5/YELLSW
CAP43169EARSERIEERIRIIPE-I
SEEP I 5 2 IS(I
IEI
5 P3(PP'
1/'
50
/.=::
WE 1/A
PLcF0+PPT EC 5"
53(
I33
LDT 6
P.O.C.
SE CORNER
ME 1/4 SW 1/4
N40 '44 '24 "
W (Ml
424.87'(M)
I
N07 36'10 "W (Ml
98.68'(M)
DISTANCEBEARINS
N27 45'0055 5 43
94MOSBO'39'57 "E
3/4"PIPE SEC 5-78-26
c5'0555 LoY I /»'IE LSS FMD:3/4"PIPE~C™SAR5/VEILS,~PASISS
618,90'I
E)616 g4'(R)
1,58'(4)„88058'(W).52 Bg"'W (M)880.52 iglS82,.W(R)8
SB2'20'19 "
M)
82'52'5g W (M)1014,51''I
L5
640 '44 '24 "E
S42 '33'10 "W
S07 35'10 "E
74.12'
29.98 '
C I 1081.82 '5 '29 '03"103 54 'N25 '00 '28 "E 103.50
427 46'LINE RADIUS DELTA ARC CHORD BEARING CHORD
LEGEND
FOUND SECTION CORNER
ES FOUND PROPERTY CORNER
(M)"AS MEASURED"DISTANCE
OR BEARING
(R)"AS RECORDED"DISTANCE
OR BEARING
gg TEMPORARY EASEMENT
31,388 SO.FT.
GRID NORTH200400IONASTATEPLANE
COORDINATE SYSTEM
SOUTH ZONE
NEST TRUNK SEWER
VEENSYRA 0 KIMW.ENC,
3000 WESYSIIN PARKWAY
WEST OES RSERES 10WA 50255-IS205I5-225-0000
EXHIBIT
Rev/BY SHEET 1 OF 2
EASEMENT DRAWING
OWNER:
BRADLEY KLINKEFUS
BOOK 20i5 PAGE 19677
PARCEL ID:
1605326003
DF PERPETUAL SANITARY SEWER
EASEMENT BEING CDNVEYED TD
THE CITY DF WAUKEE,IA ADDRESS:
31476 UTE AVENUE
WAUKEE,IA 50263
LEGAL DEBCRIPllON
A temporsr y constnuction easement located in Part of the Nor theast 1/4
of the Southwest 1/4 of Section 5,Township 78 North,Range 26 West
of the 5th P.M.,lying South and West of Sugar Creek Acres,an Official
Plat in Dallas County.Iowa.Said temporary easement being more
par ticular ly descr ibed as follows:
Commencing as a point of refer ence at the Southeast
corner of said Northeast 1/4 of the Southwest i/4;
thence South 82'52'59"West (all bearings referenced
to Grid North Iowa State Plane Coordinate System
South Zone),1014.5i feet along the South line of said
Northeast i/4 of the Southwest 1/4 to the West line of
that sanitary sewer easement recorded in Book 2017 on
Page 3086 in the office of the Dallas County Recorder;
thence North 07 '36'10"West.98.68 feet along said
West line to the point of beginning;thence North
40 '44'24"West,424.87 feet;thence
North 88 '11'55"West,95.01 feet to the East night-of-
way line of Ute Avenue;thence North 27 '45'00"East,
5.43 feet along said East r ight-of-way line to the
beginning of a tangent curve concave Northwesterly
and having a radius of 1081.82 feet;thence
Northeaster ly along said curve and along said right-of-
way line through a central angle of 05 '29'03"an arc
distance of 103.54 feet,said curve having a chord
which bears North 25 00'28"East.103.50 feet to the
Southwest corner of Lot 1,Sugar Creek Acres,an
Official Plat,now included in and forming a part of the
City of Waukee,Dallas County,Iowa;thence on a non
tangent line South 80 '39'37"East,94.40 feet along the
South line of said Lot i:thence South 40 '44'24"East,
427l46 feet fo the West line of the above mentioned
sanitary sewer easement;thence South 42 '33'10"
West,74.12 feet along said West line;thence South
07 '36'102 East.29.98 feet along said West line to the
point of begInning,EXCEPTING THEREFROM a
perpetual sanitary sewer easement as shown on Exhibit
PE-1 sheet 1 of 2.
Containing 31,368 square feet.more or less.
NEST TRUNK SEWER
VEENSTRA 5 KINS,INC.
3000 WESTOWN PARKWAY
WEST OES IlOINES,IONA 50255-1320
5 15-225-5000
EXHIBIT T E —1
Rev/By SHEET 2 OF 2