The URL can be used to link to this page

Home My WebLink About2018-07-02-Resolutions 18-262_West Area Trunk Sewer Phase 1 - Sanitary Sewer Easement - AyersTHE CITY OF WAUKEE,IOWA RESOLUTION 18-262 APPROVING SANITARY SEWER EASEMENT(S)RELATED TO THE WEST AREA TRUNK SEWER PHASE 1 PROJECT [MICHAEL AND KELLY AYERS] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,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 2"day of July,2018,that it hereby approves the Sanitary Sewer Easement(s)related to the West Area Trunk Sewer Phase I Project [Michael and Kelly Ayers]in the amount o 42.82. Attest: ar,Mayor 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 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hlckman Rd. Waukee,IA 50263 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID:007544540007 Type:EASERecorded:07/06/2016 at 06:47:12 AMFeeAmt:$37.00 Page 1 of 7Dallascountyious Chad C.Alrhart RECORDER Ftlei& ' aK 2018 Pu f 2480 ttrc,trod hv mtd Truuis J Paul Vccn&tra 5:Kimm Inc 3000 W&mtown Pkw West D&s hiotncs lowe 50266 Jtst»i&toe&) SANITARY SEWER EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigned,Michael A ers and Kell A ers husband and wife (hereinafter refened to as the uGrantor(s)n),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Nine Hundred Fort -two Dollars 82/100 $942.82 and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does hereby sell, grant,and convey to thc City of Waukee,Iowa,a municipal Coqioration (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer Easement"or nEasement(s)")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 5'6 P.M.,Dallas County,Iowa,described in Book 2007 on Page 3001 in the Dallas County Recorder's Office. Perpetual Easement A perpetual sanitary sewer casement located in a tract of land in that part of the Northwest I/4 of the Southv est I/4 of Section 5,Township 78 North,Range 26 West of the 5"'P.M.,Dallas County, iowa,described in Book 2007 on Page 3001 in the Dallas County Recorder's OfHce.Said perpetual easement being more particularly described as follows: Commencing as a point of reference at the Northwest corner of said tract;thence South 43'57'14n West (all bearings referenced to Grid North Iowa State Plane Coordinate Systeni South Zone),62.62 feet along the West line of said tract to the Southwesterly line of a perpetual sanitary sewer easement recorded in Book 2018 on Page 3150 in the Dallas County Recorder's Office:thence South 70'I 0'24n East,147.60 feet along said Southv;esterly line:thence South 3945'22u East,367.67 feet along said Soutlwvesterly line to the point ofbey'nning;thence continuing South 8gl I '55"East,99.70 feet along said Southwesterly line to the West right-of-way line of Ute Avenue;thence South 28'I 4'03n West,23.94 feet along said rig)it-of-way linc;thence South 8T50'13"West,62.92 feet;thence North 3945'22u West,40.30 feet to the point of beginning. Page l ofS Containing 2,124 square feet,more or less. Use and Pu ose of Easement s . This Easement shall be granted for the purpose of locating sanitary sewer(s)(hereinafter referred to as "Sewer(s)")and to peimit and allow the city to enter at any time upon,over,under, throug)t,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 niaintain 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 thc City. The temporary easement shall be for a 12 month period,or until the end of construction,at which time said tempnrary will cease and terminate. Maintenance. After the initial construction of the Sewer(s),and acceptance by the City,the City agrees, as part nf the reconstruction,maintenance and patrolling of the Sewer(s),to restnre and replace the Easement area(s)to substantially the same condition as prior to the time of entry or as agreed upnn by the City and the Grantnr(s),except the City shall not be required to replace landscaping,trees, shrubs,bushes,landscape elements,structures,or underground water systems nor shall thc 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.~Rht »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 cnjoysnent of the Easement Area as herein described,including,but not limited tn,the right to remove any unauthorized obstructinns nr structures placed or erected in the Easement Area. 5.Hold Harmless. The Grantor(s)agrees to indemnify and hold harntless the City,its elected ofticials, 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. Page 2 of 5 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, assiyisf successors,tenants and personal rcpresentativcs 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 teims and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County,Iowa. 8.Words and Phrases. tVords and phrases shall be construed as in the singular or plural number,and as masculine, fctninine or neuter gender,according to context. 9.Parties. The tenn "City"as used herein shall refer to the City of Waukee,iowa.its elected officials, pl y,ff,d t t .Tl t "o.»t .IP'.I II f .t~hhl IA ~dif It A,tl i h I,ip,-I -i t t,I;if y. 10.~AIt »'F Thc 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 1 ltl gyat toil. ~lt t This Ayeement shall constitute the entire Agreement between the parties iuid no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12.~ph H d 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. Page 3 of S 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 thc lawful claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower,homestead and disuibutive share,if any,in and to the interests conveyed by this Easement. Words and phrases herein including acknowledgement hereof shall be construed as in thc singular or plural number,and as masculine or feminine gender,according to thc context. Dated this Jrt A day of tf ( Michael A ers and Kelt A ers Citv of Waukee Mich 1A ers Kelly Ayers illiam .P rd,ayor Attest:Attest; Tim Moen h Oty Administrator Pago 4 of 5 STATE OF )OWA ) )SS: COUNTY OF DALLAS ) On thc ~day of J L(rK ,20~t,before me,the undersigyned,a Notary Pdd dyk tp dtt r~y,p 1ly pp d to me known to be the identical person(s) named in and who executed the foregoing instrument,and acknowled ed that (he)(she)(thcy) executed the instrument as (his)(her)(their)volu act and de tt+% JEFFREY J LATTERELL CemmisNerr Number 728330 MY COMMISSION IIES MAY 24,20 Notary ublic is and for the State of Iowa On the~Gdayof J V-vt& y 20 )6,before mcy the undersigned,a Notary P dli i dr th dt y y~yd,p Py pp d to me known to bc the identical person(s) named in and who executed the foregoing instrument,and acknowled d that (he)(she)(they) executed the insnument as (his)(her)(their)volu act and de Notary blic in and for the State of lowe JEFFREY J LATTERELLS~N Cemmfsslen Number 72ssso deus MY COMMISSION IIISSMAY24,20 Ps e 5 of 5 EASEMENT DRAWING MICHAEL AYERS KELLY AYERS BOOK 2007 PAGE 3001 PARCEL ID: 1605302002 OF PERPETUAL SANITARY SEWER EASEMENT BEING CONVEYED TO THE CITY OF NAUKEE,IA ADDREB81 31471 UTE AVENUE WAUKEE,IA 50263 SW CORNER BDYEBNMENT LOT 14 NAB NAIL 40.34'(M) 40.25'(Rl SW CEMENT LOT 13 GOYE SE PIPE 'M/YFLLOM 0 ~K 1308 g4 (M05-78-26 AP12592 38'50"W'(Ml F306 8'(R'I 582 '56 ''6'00"W(RI PARCEL"F" BK2008 PG11227 cpmclm Pl Plmmplm cp cm mm Cl CPcncn Dm m CP CP I CP CP Pl ANGELA V.JACOBSEN BRADLEY R.JACOBSEN BK2007 PG5652 1/2 PIPE 8/YELLOW CAP19532 HW ll 75 26 GEP X PARCEL 6" 2g (RGM g BK2008 PG11227 ~g 00"W (Rl582'38 ''57@)0'24"E (M)3.17 30 W(M'I 5 05 (RGMI i+~) +c.cP 6,) I cc KPP '94701 ) PP P75 b )S39'45'22"E (M)in JOSEPH J.KAZOR cc~gl 367 67'(M) (m JOANN KAZOR Im BK703 PG308 I I I 1/2 PIPE M/YELLOW CAP10532 14$60'(M)C1 1/2'PIPE-(, PERPETUAL EASEMENT BK2010 PG3150 / MICHAEL AYERS KELLY AYERS BK2007 PG3001 NOO 37 00 E (197.4 '(RSM) See .S)02e '30.'oe 0 E(R) / PUBI IC MIBMMAY EASEMENT BK302 PB500 c\10/ /~Pen GRID NORTH /q+~c7 IONA STATE PLANE COORDINATE SYSTEM SOUTH ZONE E(R)/0/0 „EC 6 (402REB'ORR '(R)' 4R 8 04y )yE((OSREMR OR C R(4)404/)d) SW CORNER NW 1/4 SW 1/4 SEC 5-78-26 FNO:I/2"REBAR 0 200 400 L4 N17 '20'57"W (M)/Se R)/ LEGEND FOUND SECTION CORNER ~FOUND PROPERTY CORNER BEARING DISTANCE SBB "155 "E gg 70 (M)"AS MEASURED"DIS1ANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING ESPIB PERPETUAL EASEMENT 2,124 SQ.FT. L2 l3 L4 528 '14'03 "W 23.94' 683 '50'13 "W 62.92' 40.30N39'45 '22 "W WEST TRUNK SEWER VBENBTMA 6 KTMM.INC. 30DD MEBTDMN PARKWAY NEST DBB MDIMEB.10WA 50255-1320 015-225-0000 EXHIBIT Rev/By SHEET 1 OF 2 EASEMENT DRAWING OWNER: MICHAEL AYERS KELLY AYERS BOOK 2007 PAGE 3001 PARCEL ID: 1605302002 OF PERPETUAL SANITARY SEWER EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE,IA ADDRESS: 31471 UTE AVENUE WAUKEE,IA 50263 LEGAL DESCRIPTION A perpetual sanitar y sewer easement located in a tract of land in thatpartoftheNorthwest1/4 of the Southwest 1/4 of Section 5,Township78North,Range 26 West of the 5th P.M.,Dallas County,Iowa.descr ibad in Book 2007 on Page 3001 in the Dallas County Recorder '5 Office.Said perpetual easement being more particularly described asfollows: Commencing as a point of reference at the Nor thwestcornerofsaidtract;thence South 43'57'14"West (all bearings referenced to Grid Nor th Iowa State PlaneCoordinateSystemSouthZone),62.62 feet along the West line of said tract to the Southwesterly line of aperpetualsanitarysewereasementrecordedinBook 201B on Page 3150 in the Dallas County Recorder 's Office;thence South 70 '10'24"East,147.60 feet alongsaidSouthwesterlyline:thence South 39 45'22"East,367.67 feet along said Southwester ly line to the pointofbegInning:thence continuing South BB 11'55"East,99.70 feet along said Southwesterly line to the West r ight-of-way line of Ute Avenue;thence South2614'03"West,23.94 feet along said night-of-wayline;thence South 83 '50'13"West,62.92 feet;thence North 39 '45'22"West,40,30 feet to the point ofbeginning. Containing 2.124 square feet,more or less. NEST TRUNK SEWER VEENSTRA 2 KIMM.INC.3000 NESTOMN PARKWAY NEST OES MOINES,IONA 50266-I320515"225-5000 EXHIBIT Rev/Sy SHEET 2 OF 2