HomeMy WebLinkAbout2016-10-03-Resolutions 16-425_NW Area Trunk Sewer Extension Phase I - Sanitary Sewer Easement - Phillips-HamiltonTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-425
APPROVING SANITARY SEWER KASEMKNT ASSOCIATED WITH
NORTHWEST AREA TRUNK SEWER EXTENSION PROJECT,PHASE 1
[PHILLIPS-HAMILTON,INC.]
IN THE NAME AND BY THE AUTHORITY 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 Northwest Area Trunk Sewer Extension Project,Phase 1;AND,
WHEREAS,said easement shall be located on a portion of the property owned by Phillips-
Hamilton,lnc.,and legally described as referenced in Exhibit A,Easement Area,of the Sanitary
Sewer Easement which is attached hereto.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
3'day of October,2016,that it hereby approves the Sanitary Sewer Easement related to the
Northwest Area Trunk Sewer Extension Project,Phase 1,with payment made by the City to
property owner(s)Phillips-Hamilton,Inc.,in the amount of $22,492.40.
Attest;
Wt liam .P ard,Mayor
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN
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Fee Amt:$07.00 Page 1 of 7
Dallas County Io)ra
Chad C.Asrhart RECORDER
-20i6 -i9538
7 Bill/Return to;
Becky Schuett,City of Waukee
230 W.Hickman Rd.
Waul&ee,lA 60263
Forre 1 s Aldrich vccns)ra 7 Kinnn Inc 3000 wee)own pkw west Des Moines iowa 50260 515 s25-si)&)0
SANITAlRY SEWER KASEMKNT S
KNOW TO ALIL MEN IIV TIIESE P)RESENTS:
1.Grant of Easement s .
The undcrsigncd,Philli s-Hamilton Inc.,(hereinafter referred to as the nGrantor(s)"),of
the City of Waukee,Dallas County,Iowa,in consideration of the sun1 of Twcnt Two Thousand
Four Hundred Ninct Two and 40/100 Dollars $22492.40 aud other good and valuable
consideration,the receipt and sufficiency of which is hereby acknowledged,does hereby sell,
grant,and convey to lhe City of Waukee,lovva,a municipal Corporation (hereinafter refened to as
"the City"),a permanent and perpetual easement (hereinafter refened to as "Sanitary Sewer
Easemcnt"or "Easement(s)"3 and right-of-way upon,over,under,through and across the real
property legally described as:
Perpetual Kasetnmtt
A perpetual sanitary sewer easement located in Government Lots 1 and 4 in Section 6,Township
78 No)th,Rms&re 26 West of the 5m P,M.,Dallas County,Iowa.Said perpetual easement being a
strip 30.00 feet in width lying 15.00 feet on each side of the following described line:
Con'n11cnc)ng at the Nortl'1cast canter of said Govemnlent Lot 1;thence North 89'26'43"
West (all bearings rcfcrenced to Grid North Iowa State Plane Coordinate System South
Zone'),85.08 feet along the North line of said Governnscnt Lot 1;thence South 00'12'39"
West,50.00 feet to thc South right-of-way of 300m Street,also known as University
Avenue,said point being the point of beginning;thence South 00"12'39"West,1,404.09
feet;thence South 39"49'35"East,44.45 feet to the West right-oflway of Ute Avenue,also
knosyn as 6m Street and County Highway R22.The sidelines of said strip tobe shortened or
1engthcncd to tcnninate at the South right-of-way of 300'"Street and the West right-of-way
of Ute Avenue.
Containing 43,407 square feet or 0.99 acres,more or less
Page 1 of 5
Temporary Easement
A temporary construction easement located in Govemmrnit Lots 1 and 4 in Section 6,Township 78
North,Range 26 West of the 5'"P.lvl.,Dallas County,iowa.Said temporary easenicnt being more
particularly described as follows:
Commencing at the Northeast corner of said Government Lot 1;thence North 89'26&43"
West (all bearings referenced to Grid North iowa State Plane Coordinate System South
Zone),64.44 feeL along the North line of said Governnient Lot 1;thence South 00'12'39"
West,50.00 feet to the intersection of the South right-of-way of 300"'Street,also known as
University Avenue and the West rtght-of-way of Ute Avenue,also known as 6"'Street and
County 1-lighway R22,said point being the point of beginning;thence South 00"05'43"
East,1,450.32 feet along said West rig&&t-of-way to the Northeast corner of a right-of-way
casement described in Book 1999 on Page 11906 in the Dallas County Recorder's Office;
thence Norlh 89'57'04'*"&Vest,41.87 feet along the North line thereof;thence North
39'49'35"West,41.65 feel;thence North 00'1'2'39'East,1,418.89 feet to said South
right-of-way of 300"'Street;Lhence South 89'26&43'East,60.91 feel along said South
right-ot'-way to the point of beginning,EXCEPT above described peiT&etual easement.
Containing 50,138 square feet of 1.15 acres,morc or less.
Use and Pui &use of Easement s .
This Easemcnt shall be gianted for the pu&T&ose of locating sanitary sewer(s)(hereinaf)er
refened 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,reconsttsict,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 Easemcnl(s'1 granted herein.No strticture 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.
3.Maintena&&ce.
At'ter 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 arcs(s)to substantially the same condition as prior to the time of entry or as agreed upon
by the City and thc Grantor(s),except the City shall not be required to replace 1&uidscaping,trees,
shmbs,bushes,landscape elements,structures,or underground water systems nor shall the City be
required lo 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.
Page 2 ol'5
4.Rittht of Access.
The City shall have the right of access to the Easement Area and have all rights of'ingress
and egress reasonably necessary I'or the usc and enjoyment of the Easement Area as herein
described,including,but not limited to,the right to remove any unauthorized obstructions or
structures placed or erected in the Easement Area.
5.Hold Harmless.
The Grantor(s)agnees to indemnify and holcl hannlcss the City,its elected officials,
employees,officers,agents,representatives,contractors,and attorneys from and against any and
all claims or clemands for liability,loss,damage,costs,expenses,or attorney's fees of any 1&ind for
actions or omissions of the Grantor(s)mising out of or in connection with any undertaking arising
out of or otherwisc related to this Easement.
6.Runnin of Benelits and Burdens.
The terms and conditions of this Easenient 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,imn with the land and me binding upon and inure to thc heirs,
assigns,successors,tenants and personal representatives of the paidies 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 thc jurisdiction of the person being in Dallas County,Iowa.
8.Words and Phrases.
Worcls and phrases shall be construed as in the singular or plural number,and as masculine,
feminine or neuter gandcr,according to context.
9.Parties,
The term "City"as used herein shall refer to the City of Waukee,Iowa,its elected officials,
agents,employees,officers,and contractors.The term "Grantor(s)"shall refer to
Philli s-Hmnilton Inc.,their heirs,assigns,successors-in-interest,or lessees,if any,
t0.~Att
'F
Thc City may enforce this instrument by appropriate action,and should they prevail in such
litigation they shall recover as paid of their costs the reasonable attorney's fees incuned in such
litigation.
Page 3 at 5
11.Integration.
This Agreemcnt shall constitute the entire Agrecntent between thc parties and no
alnend&nents or additions to tins Agreement shall be binding unless in writing and signed by both
parties.
&2.~P*;—.hH a
The paragraph headings in this A&n cement 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 thc City that Grantor holds said real estate described in
thts Easement Arcs by title in fee sitnple;that Grantor has good and lawful authority to convey the
same;and said Grantor covenants to WARRANT AND DEFFND 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 pluascs 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 et 5
Dated this I day of ~8 4M~
Philli s-Hamilton inc.ciii ii)r d
zan
Prefer'sI'e~f liam F.Peard,Mayor
Attest:Attest
Pll III'is 5 I I,/fc]Irr I'1 sd1 J I E5 fkrrf
Person dnil I.iile
STATE OF ~
C &eDsd-)SS:
COUNTY OF W~)
i+4@gr~
im Moeni an Cit AdministratTY oi
On this l 5 day of SP'xmas ts.b ov,20 ll,before me,the undersigned,
a Notary public in anil for said county and state,personally appeared &1,9,to t+')ansi'k,Iio
p*»iiyi »,h,)i dby»d iy»,did t)ii t)i y )d s)ese,i'id
corporation;that no seal has been procured by the said cor)soration;that said instrui nt was signed
on behalf ot'said corporation by authority of its Board of Directors;and that said
'bv'
as such oITicer acknowledge thc execution of said instrument to be the vohmtary act a deed of
said co o
'v
'r him voluntaril execi ted.
"OFFICIAL SEAL"
M Co
STATE OF IO')V A )
)SS
COUNTY OF DALLAS
Onthis~clayof I l ,20~,before me,the undersigned,a
Notary Public in and for said County and State personally appeared VVilliam Peard and Tim
Moerman,to me personally known,who being by me duly sworn,did say that they are the Mayor
and City Admimstrator of the City of Waukee,iowa,a municipal corporation,executing the within
and foregoing instrument and act&nowlcdged that they executed the same as their voluntary act and
deed of the City ot Waukee,by it and by them voluntarily executed,
KATHRYN E.PURVIS
g;Commission Number 79451 3
My Commission Expires
February 10,3019
No ry Publi in an&i dh)'he State of lowe
page 5 or5
PREPARE)SY:YEENSTRA 6 KINK INC.-3000 IESTONN PARKNAY -NEST OES NOISES,IONA 50266-1320 -(5I5)225-6000
RETURN TO:YEENSTRA 6 KINK,INC.-3000 IESTONN PARKNAY -NEST OES MOINES.IONA 50266-1320 -(515)225-6000
EASEMENT DRAWING ADDmss:
PHILLIPS-HAMILTON.INC,FOR SANITARY SEWER EASEMENT INTERSECTION OF
BOOK 881 PAGE 146 FOR THE CITY OF WAUKEE.IA 300K)l STREET ANO
UTE AVE (CH R22)
1606200006 GOVERNMENT LOT 11606200007SECTION6-78-26
FND:NAIL OVER
CONC,MONUMENT
N89 '26'43"W 3,130.04'
1.700.93'
SW CORNER
SECTION 33-79-26
FND:1/2"REBAR
N89 '26'43"W
86.06
300CI1 STREET
i.429.11
(UNIVERSITY AVENUE)900 12'39 "W
EO.OD
P.O.B
NW CORNER
GOVERNMENT LOT 2
SECTION 6-78-26
FND:1/2"REBAR &@EP
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30.00
15.00
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BRIO NORTH
IOWA STATE PLANE
COORDINATE SYSTEM
SOUTH ZONE
1"-200'
0 200 400
LEGEND
FOUND SECTION CORNER
AS NOTED
PERPETUAL EASEMENT
43.407 SQUARE FEET
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44.45'
RIGHT-OF-MAY EASEMENT~
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SE CORNER
GOVERNMENT LOT JI
SECTION 6-78-26
FND:CUT"X"
SANITARY SEWER EASEMENT
IN GOVERNMENT LOTS 1 ANO 4
SECTION 6-76-26~+™JI~s~sanem ~sr~JKJJP ~eaasc~ne~aW
OWS.NO.
E-1
1 OF 2
PREPAREO SY:VEEHSTRA 6 KIHH,INC.-3000 HESTONN PARKNAY -HEST IlES HOINES,IONA 50266-1320 -(515)225-6000
RE)1AM TO.'VEENSTRA 6 KIHH,INO.-3000 NESTOHN PARKWAY -NEST OES HOIHES,IONA 50266-f320 -(515)225-6000
EASEMENT DRAWING ADDRBBB
PHILLIPS-HAMILTON.INC.FOR SANITARY SEWER EASEMENT INTERSECTION OF
FOR THE CITY OF WAUKEE,IA 300EH STREET AND
UTE AVE (CH R22)
1606200006
NE CORNER
GOVERNMENT LQT
1606200007 SECTION 6-76-26
FND:NAIL OVER
CONC.MONUMENT
NB9 '26'43"W 3,130.04'
1,700.93'
SW CORNER N69'26'43 W
SECTION 33-79-26 64.44'
FND:1/2"REBAR
—300th STREET (UNIVERSITY AVENUE)'~L
1.429.11
LINE
Li
L2
L4
L5
BEARING DISTANCE
600 '05'43"E 1450.32'
N69 '57 '04"W 41.B7 '
N39'49'35 W 41.65
NOQ '12'39"E 141B.B9'
S69 '26 '43"E 60.91 '
NW CORNER
GOVERNMENT LOT 2
SECTION 6-7B-26
FND:1/2"REBAR 4@8
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LEGEND
FOUND SECTION CORNER
AS NOTED
Im)SI TEMPORARY EASEMENT
50.139 SQUARE FEET
RIGHT-OF-HAY EASEMENT~g
GK1999 PG11906 I
M
SE CORNER
GOVERNMENT LOT 4
SECTION 6-7B-26
FND:CUT"X"
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CONSTRUCTION EASEMENT
IN GOVERNMENT LOTS 1 AND 4
SECTION 6-78-26
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