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Home My WebLink About2018-07-16-Resolutions 18-284_West Area Trunk Sewer Phase 1 - Temp Sanitary Sewer Easement - AyersTHE CITY OF WAUKEE,IOWA RESOLUTION 18-284 APPROVING TEMPORARY SANITARY SEWER EASEMENT(S)RELATED TO THE WEST AREA TRUNK SEWER PHASE 1 PROJECT [MICHAEL AND KELLY AYERS] IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF 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 temporary 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 16'"day of July,2018,that it hereby approves the Temporary Sanitary Sewer Easement(s) related to the West Area Trunk Sewer Phase I Project [Michael and Kelly Ayers]in the amount of $1,557.18. W'tarn F.Pe d,May r 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 X NAY ABSENT ABSTAIN lllllfllllllllllllllllfflllff ill llllllllllllIll lllflfllfflllffflfflllllffllll Recorded:07/28/2018 at 08:33:M2 AMFeeAtnt:$37.00 Page i of 7DallasCountsIowaChadC.Airhart RECORDERFilerr 8«2018 F013987 Bill/Return to: Decky gchuett,City of Wnukee 230 W.Hickman Rd. Waukee,IA 50263 Pre credit Travts J Paul Veenstra 8:Krmm Inc 3000 Wcstotsn Pkw West Des Momes lowe 50266 Sla "iuoctl TEMPORARY SANITARY SEWER EASEMENT S KNOW TO ALL MKN BY THESE PRESENTS: The undersigned,Michael A ers and Kell A ers husband 2nd wife,(hereinafter referred to as the uGrantor(s)u),of the City of Waukcc.Dallas County,Iowa,in consideration of thc sum of Onc Thousand Five Flundrcd FIII -Seven Dollars 2nd 18/100 I 557.18 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 Corporation (hcreinaftcr refcrrcd to as "the City"),a temporary casement (hereinafter referred to as "Sanitary Sewer Easemcnt"or uEascment(s)u)and right-of-way upon,over,under,through and across ihc 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't'P.M.,Dallas County,Iowa,described in Book 2007 on Page 3001 in the Dallas County Recorder's Office. Temporary Easement A temporary construction easement located in a tract of land located in that part of the Northwest I/4 of the Southwest I/4 of Section 5,Township 78 North,Range 26 West of thc 5th P.M.,Dallas County,Iowa,as described in Book 2007 on Page 3001 in thc Dallas County Recorder's Office,Said temporary casement being more particularly described as follows: Commencing at thc Northwest corner of said tract;thence South 43'57'14u West, 73.57 feet along the West linc of said tract to the Southwesterly line of an existing temporary construction easement recorded in Book 2018 on Page 3150 in said Dallas Country Recorder's Office;thcncc South 7(fIO'24u East,149.36 feet along said Soutlivvestcrly line;thence South 39'45'22u East,188.94 feet along said Southwcstcrly line;thence South 5(714'38u West,40.00 feet along said Southwesterly linc;thence South 3945'22u East,198.50 feet along said Southwesterly line;thcncc South 88'l l'55u East,55.45 feet along said Southwesterly fine to the point of beginning;thence continuing South 8'1 I'55u East,22.81 feet along said Southwcstcrly line;thence South 3031'17u West, Page I of 5 182.10 feet:thence South 6145'57"East,24.35 feet to the West right-of-way line of Ute Avenue;thence South 2(f14'03"West,30.00 feet along said West right-otzway line;thence North 6145'57"West.45.57 feet;thence North 3(f31'17" East,201.97 feet to the point of beginmng. Containing 4,890 square feet,more or less. 2.Use and Pur&ose of Easement s . This Easement slaall be ttranted for the purpose of locating sanitary sewer(s)(hereinafter referred to as "Sewer(s)")and to pertnit 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 constmct,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 Sev:er(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 ot this Easement 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 atnees, as part of the reconstruction,maintenance and patrolling of the Sewer(s),to restore and replace the Easement area(s)to substantially the scone condition as pfior to thc 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, shmbs,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 casement area;any subsequent restoration by reason of settlen1ent,depression or any unknown conditions shall be thc sole responsibility of the Grantor(s)at the Grantor(s)'sole expense. 4.~Ri It fA The City shall have the right of access to thc 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 obstfxfctions or structures placed or erected in the Easement Area. 5.Hold Hatmless. The Grantor(s)agrees to indemnify and hold harmless the City,its elected ofticials, cmployccs,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 otnissions of the Grantor(s)arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. Page 2 ofd 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,nni with the land and are binding upon and inure to the heirs, assigms,successors,tenants and personal representatives of the parties hereto. 7..1urisdiction 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 tenns 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 teiym "City"as used herein shall refer to the City of Waukee,iowa,its elected officials, t,yly,ff;»d t I .Tht "o t.i)"hit.f I~Md IA ~dltll A .thl h .d .-»-'t t,I,i'y. 10.~AII »'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 thc reasonable attorney's fees incurred in such litigation. ~II »-t This Agreemcnt shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in vtriting and signed by both parties. 12.~y ~~I II d The paragraph headings in this Atn'cement are included solely for convenience and shall not alTect or be used in connection ivith,the interpretation of this Agreemcnt. Page 3 of 5 Grantor does HEREBY COVENANT with the City that Grantor holds said real estate desctdbcd 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. Dated this 'day ot'TV1 Michael Ayers and Kell A ers Catt'fW Michael Ayers It. Kelly A rs illiam .Pear,Mayor Attest:Attest:.@/, Page 4 of 5 STATE OF IOWA ) )SS: COUNTY OF DALLAS ) ~4.0 tb I d y t'~3,20~I,b f »,th ad ua d.N t y Public in and for the State of ~tat~,personally appeared A(c.hc(el .kt'Ih 4 dr3"to mc known to be the identical person(s) owned in and who executed the foregoing instrument,and acknowledged that (he)(shc)(they) executed the instrument as (his)(her)(their)volunta act and deed. @+0 Notary Public in and for the State of Iowa On the day of Public in a the State nf ,20 .befor,ae undersigned,a o ary. ,personally a red to me known to be the identical person(s) named in and who executed the f o 'nstrument,and acknowledged that (he)(she)(they) xecuted the instrument as 's (her)(their)v~ry act and deed. Notary Public in and for the f Iowa Page 5 of 5 EASEMENT ORANINt MICHAEL AYERS OF PERPETUAL SANITARY SEWER KELLY AYERS EASEMENT BEING CDNVEYED TQ BOOK 2007 PAGE 3001 THE CITY OF WAUKEE,IA PARCEL ID: 1605302002 0 200 400 31471 UTE AVENUE WAUKEE,IA 50263 om OOIoom SM CORNEA GOVERNMENT LOT 14 MAG NAIL 40 34'lM)40.26'(A) SW CORNER GOVERNMENT LOT SEC 5 78 2 LLpW CAp$2592 ——.()I/2"PIPE W/YE ~———~M)1308.38'Sp"Yl (Hl b 306 8'(Fp.56 pp"W (Rl PAACEL"F" BK2008 PG11237 ANGELA V.JACQBSEN mm BRADLEY R.JACOBSEN BK2007 PG5652 ,b51 )c -Ic,-2LK 6\I 'b PARCEL"G" BK2008 PG11227 0 "W (Rl .P... W (M'I S82 1/2'PIPE M/YELLOW CAP$9532 683 17 30 715.05'(RGMI .COL I IK 5 WO45 rr +~bb. Ky KAZQR o JOANN KAZOA m BK703 p63pB C1 1 —I/2 PIPE I I 1/2 Pl I M/YELLOW CAP$9532 TENPORAAY EASEKENI BK25\5 F53155 N)7 '20 '57 "N (Ml Npp '37 '00 "E (Rl 197,4'(FIGM) MICHAEL AYERS KELLY AYERS BK2007 PG3001 LG L7/ / C OCI)O CCaa (Rg/// $28 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZQNE SW CORNER NW 1/4 SM 1/4 SEC 5-78-26 FND:1/2"REBAA 70 0 80.8 0 8(4//~PUBLIC HIGHMAY wO.OO EASEMENT 1 / R//0 0 ~GK392 PG500 /ggg 08 (ooa COR (RRE848RERRI/84rerg((8884K 0//0 P/4 4PM/8747 LEGEND FOUND SECTION CORNEA $$FOUND PROPERTY CDRNER (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING TEMPORARY EASEMENT 4.890 SO.FT. LINE L1 L2 L3 L5 L6 L7 LB L9 L10 L12 BEAAING S43 '57 '14 "N 570'10'24 "E S39 '45 22 "E 650 14'38"W 639 '45 22 "E SBB '1155"E SBB'1155"E S61 '45 '57 "E S28 '14 '03 "N N61 '45 '57 "N N30 '31'17 "E DISTANCE 73.57 149.36 188.94 40.00 198.50 5545 22.81' 24 35' 30 Op 45 57' 201 97' WEST TRUNK SEMEA VEENKTAA K KIMM.INC. 3000 MEKTOMN PARKWAY MEGT 025 MOINES,IOWA 50255-1320515"225-2050 ExHIBIT T E —Ei R v/By SHEET 1 OF 2 EASEMENT ORA WING 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 DESCRIPRON A temporary construction easement located in a tract of land locatedinthatpartoftheNorthwest1/4 af the Southwest 1/4 of Section 5, Township 78 Nar th.Range 26 West of the 5th P.M.,Dallas County,Iowa,as descr ibed in Book 2007 on Page 3001 in the Dallas CountyRecorder's Office.Said temporary easement being more particularlydescribedasfollows: Commencing at the Nor thwest corner of said tract;thence South 43'57'14"West,73.57 feet along the West line of said tract to the Southwesterly line af anexistingtemporaryconstructioneasementrecordedin Book 2018 on Page 3150 in said Dallas Countr yRecorder's Office;thence South 70'10'24"East,149.36 feet along said Southwesterly line;thence South 39'45'22"East.188.94 feet along said Southwester ly line,thence South 50 '14'38"West,40.00 feet along said Southwester ly line;thence South 39 45'22"East,198.50 feet along said Southwester lyline;thence South 88 "11'55"East,55.45 feet alongsaidSouthwesterlylinetothepointofbeginning;thence continuing South 88 '11'55"East,22.81 feet along said Southwester ly line;thence Sauth 30 '31'17"West,182.10 feet;thence South61'45'57"East,24.35 feet to the West r ight-of-way line of Ute Avenue;thence Sauth 28 '14'03"West,30.00 feet along said West r ight-of-way line;thence North 61'45'57"West,45.57 feet;thence North 30 '31'17"East,201.97 feet ta the point of beginning. Containing 4,890 square feet,more ar less. WEST TRUNK SEWER YEENSTMA 6 KIMM,INC. 3000 WESTONN PARKWAY NEST OES MOINES.IOWA 50266-I3205I5-225-6000 ExHIBIT T E —6 Rev/By SHEET 2 BF 2