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Home My WebLink About2016-10-03-Resolutions 16-427_SW Area Trunk Sewer Extension - Sanitary Sewer Easement - Memorandum of Understanding - OlesonTHE CITY OF WAUKEE,IOWA RESOLUTION 16-427 APPROVING SANITARY SEWER EASEMENT AND MEMO OF UNDERSTANDING ASSOCIATED WITH SOUTHWEST AREA TRUNK SEWER EXTENSION PROJECT [LYLE AND DIANE OLKSON] 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 Southwest Area Trunk Sewer Extension Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Lyle and Diane Oleson 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 and Memo of Understanding related to the Southwest Area Trunk Sewer Extension Project,with payment made by the City to property owner(s)Lyle and Diane Oleson in the amount of $4,130.00. liam .Peard,Ma or Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYK X X X X X NAY ABSENT ABSTAIN —)Bill/Return to: Becky schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 iillilliiiililillllillllllilillililiilliilliiiililiilliiillilllliilliilli Recorded:10/10/2016 at 03:32:22 Atf Fee Amt:337.00 page 1 of 7 Dallas County Iowa Chad C.Atrhart RECORDER -2016 -19537 Pre ared b enrbttetn Travis I Paul Veenstra/k Kim inc 3000 WestownP WestDes Moines.iowa 50266 5i5 225-8000 SANITARY SEWER EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: 1.Grant of Easement s . The undersigned,L le William Oleson and Diane L.Oleson,(hereinafter referred to as the nGrantor(s)n),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Four Thousand One Hundred Thi and 00/100 Dollars 4 130.00 and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does hereb sell gr,and convey to the City of Waukee,lowe,a municipal Corporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer asementn or nEasement(s)n)and right-of-way upon,over,under,through and across the real property legally described as: Lot 4,Leonard's Subdivision,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa. Perpetual Easement Said perpetual easement being a strip easement 30.00 feet in width lying 15.00 feet on each side of the following described line or line extended: Commencing at the Northwest comer of said Lot 4;thence North 83'(degrees) 38'(minutes)19n(seconds)East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),a distance of 185.74 feet along the North line of said Lot 4 to the point of beginning;thence South 54'23'39n East,a distance of 91.04 feet; thence South 85'50'1 le East,a distance of 121.12 feet to the East line of said Lot 4.The sidelines of said strip to be shortened or lengthened to terminate at the North and East lines of said Lot 4. Containing 6,365 square feet,more or less. Page I of 5 Temporary Easement Said temporary easement being more particularly described as follows: Commencing at the Northeast comer of said Lot 4;thence South 00'(degrees) 27'(minutes)10"(seconds)West (all bearings referenced to Grid North iowa State Plane Coordinate System South Zone),a distance of 58.54 feet along the East line of said Lot 4 to the point of beginning;thence continuing South 00'2710"West,a distance of 50.11 feet along said East line;thence North 85'50'l l"West,a distance of 32.52 feet; thence South 04'09'49"West,a distance of 10.00 feet;thence North 85'50'l l"West,a distance of 71.32 feet;thence North 54'23'39"West,a distance of 33.88 feet;thence North 04'09'49"East,a distance of 42.33 feet;thence South 85'50'l l"East,a distance of 129.50 feet to the point ofbeginning. Containing 3,318 square feet,more or less,excluding perpetual easement. 2.Use and Pu ose of Easement s . This Easement shall be granted for the sole purpose of locating sanitary sewer(s) (hereinafter referred to as "Sewer(s)")and to permit and allow the city to enter at any time upon, over,under,through,and across 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 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. 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. Page2ofs 4.I~Uht fh 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 structures placed or erected in the Easement Area. 5.Runnin of Benefits and Burdens. The terms and conditions of this Easement are binding upon the parties 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. 6.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. 7.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. 8.Parties. The term "City"as used herein shall refer to the City of Waukee,Iowa,its elected officials, 4 t,ply,ff,4 t t .Th t "O t ()"hll f t~Lt Willi Oleson and Diane L.Oleson,their heirs,assigns,successors-in-interest,or lessees,if any. 9.I~tti 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. l 0.P~hH dt 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 5 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 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. Page 4 of 5 Dtdtki ~dy f 5 20 JC. L le William Oleson and Diane L.Oleson ~Ci fW k 'liam F.card,Mayor Attest:Attest: Ti Moermari,City Administrator STATE OF IOWA ) )SS )COUNTY OF DALLAS On this V day of 20~before me the undersigned,a Notary Public in and for said county and state,personally appeared /k arolese 4-e Ldl 5'%o me personally known,and acknowledge the execution of said instrument as his voluntary act and deed. Notary blic in and for t State of Iowa STATE OF IOWA ) )SS COUNTY OF DALLAS ) CARY D.ORDWAY5OrmmlsstonNumber203055 iiy Commlsslon Explme September 15,20 rrrl On this 5 day of ,20 I LO,before me,the undersigned,a Notary Public in and for said County and State personally appeared William Peard and Tim Moerman,to me personally known,who being by me duly sworn,did say that they are the Mayor and City Administrator of the City of Waukee,Iowa,a municipal corporation,executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee,by it and by them voluntarily executed. I KATHRYN E.PURVIS ,Commission Number 794513 My Commission Expires February 10,2019 Nota y Public ln and for the ate of Iowa Page 5 of 5 PREPARER OY:YEENSIRA 0 KIN()NO.-6000 NESTONN PARKNAY -NEST OES NO)NES,)ONA 50266-1320 -l515)225-0000 EASEMENT DRAWING FOR THE CITY OF NAUI&EE,IONA ADDRESS S LYLE WILLIAM OLESON DIANE L.OLESON SDDK 2004 PAGE 7917M~ID: 1608100011 003 '30'(0'E 00 003'10'00'ERI geo 000.00'I o+uioj Og+ol eo I I (U) 554 '23'39 "E 91.04'885'50'11"E 121.12' e.00&C& I I 16 5' caco I OVC Os oeeo I w «)+TELEPHONE I EASEMENT 6 83 3 18"E (R) 382'00 '(R) COTTONWOOD DRIVE I I UTgeON I I LE Oal.,-0&RD'S SUB —P 0 s.I I US NM COFINER B.P 30.00' LOT 6 N83 387g .,—ES.OO' @~~00'~O P "'i.."'4., 300.00 Sl f F.O.C. NE CORNER I NM CORNER LOT 6 gg LOT 4 UI I I LEGEND /A FDUNO SECTION CORNER MONUMENT AS NOTED ~FOUND 1/2"RESAR N/YELLOIN CAP06808 ~FOUND 1/2"REBAR N/YELLON CAP04640 (N)'AS MEASURED DISTANCE OPI BEARING (R)'AS RECORDED DISTANCE OR BEARZNQ~PERPETUAL EASEMENT 6.365 SQUARE FEET BRIO NORTH 100 200 ZONA STATE PLANE COORDINATE SYSTEM (SOUTH ZONE) aae e ea' aea Tee eem ee.eaee e.e. SANITARY SEWER EASEMENT IN LOT 4,LEONARD'S SUBDIVISION E0A 0A 0 ARg oa a a eeoc a ae0 ceo Mac oa coo ae ea a a aoo'i ceo oeooeeeaa ~oeooeeooeo Feoo ~ooooeeoaa ooeeo E —5 10F2 PREPARER RY:YEENSTRA 8 KXNN.INO.-3000 NESTOKN PARKWAY -NEST OES NINES,IONA 50266-1320 —(515)225%000 (INBBBN LYLE NILLIAM AND DIANE L.OLESON EMXMK 2004 PAGE 7917 EASEMENT DRAWING FOR THE CITY DF NAUKEE,IONA SM 1/4 NM 1/4 NM CORNER FOUND 1/2"REBAR N/YELLOW CAP91(2(06 LB I s(lz L2 osiaeoA Le mm I I I I )~ I ~suo UJ mca NE CORNER LQT 6 N83 Pl'l9"9 NlIG3'(0'00"2 IRI 209.89'(Nl PERPETUAL EASEMENT oo-0 8~~ o3 m'v~s oo Cs c $7 Oo Qe ~Q e TELEPHONE I 16.5 EASEMENT I+ COTTONNOOO DRIVE I I 313.54'(N) 663'46 36 MtR)1 315 92'(8)50 34 (MGR) 83 21'19'5 8 SKpgg NM CORNER P.Q.C. SM 1/4 NM 1/4 ME CORNER I I R 'j FOUND 1/2 REBAR LOT 4 o Io M/YELLOW 2 42'(M) CAPPILLEBIBLE MW CORNER LQT 6 '8 NI LINE REARINR DISTANCE L(800'27'10'8 58.54 LEGEND FOUND SECTION CORNER MONUMENT AS NOTED ~FOUND 1/2"REBAR M/YELLOW CAP96808 8 FOUND 1/2 REBAR N/YELLOW CAP94640 (M)"AS MEASURED"DISTANCE OR BEAPIING (R)AS RECORDED"DISTANCE OR BEARING TEMPORARY EABEMENT 2.081 SQUARE FEET oms o see' L2 S00'27'10'8 L3 N85'50'1l N L4 804'09'49'8 L5 N95'50'11'8 L6 N54'23'39'8 L7 N04 09 49 E L5 885'50'11'E 50.11 32.52 10.00 71.32 33.88 42.33' 129.50' CONSTRLICTION EASEMENT IN LOT 4,LEONARO'S SUBOIVISION GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM 0 100 200 (SOUTH ZONE) oooo os-oo-oe SR(g smos ooososee oe4ees oooo oseo ooooooe osss esses'loss 2 OF 2