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Home My WebLink About2016-10-03-Resolutions 16-428_SW Area Trunk Sewer Extension - Sanitary Sewer Easement - Memorandum of Understanding - TaggartTHE CITY OF WAUKEE,IOWA RESOLUTION 16-428 APPROVING SANITARY SEWER KASEMKNT AND MEMO OF UNDERSTANDING ASSOCIATED WITH SOUTHWEST AREA TRUNK SEWER EXTENSION PROJECT [THOMAS AND KATHLKEN TAGGART] 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 Thomas and Kathleen Taggart 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)Thomas and Kathleen Taggart in the amount of $17,800.00. illia F.Pea d,May Attest: 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 illlillillllilllllliiilliillllllillllllllilllllliillllllllllllllillllllilliiilli Doc ID:006940670008 Type:EASE Recorded:10/10/2016 at 08:35:21 Att Fee Ant:$42.00 Page 1 of 8 Dallas County Iowa Chad C.Airhart RECORDER Fi1 crt-20i6 -19540 Bill/Return to: Becky Schuett,City of yyaul&ee 230 yy.Hickman Rd. W a uk ee,I A 50263 pre medtr etrst4tetttmtsttsr Travis I paul Veenstra&grimm inc.3000 Westownpk West Des Moines iowa 50266 515 225-8000 SANITARY SEWER KASEMKNT S KNOW TO ALL MKN BY THESE PRESENTS: 1.Grant of Easement s . The undersigned,Thomas E.Ta art and Kathleen K.Ta art,(hereinafter referred to as the nGrantor(s)u),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Seventeen Thousand Ei ht Hundred and 00/100 Dollars $17 800.00,a sanitary service stub at manhole located nearest to Grantor's house for connection by Grantor free of charge,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 Waul&ee,Iowa,a municipal Corporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer Easement"or eEasement(s)u)and right-of-way upon,over,under,through and across the real property legally described as: Lot 3,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 more particularly described as follows: Commencing at the Northwest corner of said Lot 3;thence North 83'(degrees) 38'(minutes)19e(seconds)East (all bearings referenced to Grid North lowe State Plane Coordinate System South Zone),105.49 feet along the North line of said Lot 3 to the point of beginning;thence continuing North 83'38'19"East,88.31 feet along said North line;thence South 72'18'17"East,72.30 feet;thence North 06'21'41"West,29.47 feet to said North line;thence Notth 83'38'19"East,30.00 feet along said North line;thence South 06'21'41"East,38.16 feet;thence North 84'43'19"East,207.05 feet;thence South 54'23'39"East,335.68 feet to the South line of said Lot 3;thence South 83'38'19"West, 53.84 feet along said South line;thence North 54'23'39"West,282.24 feet;thence South 84'43'19"West,211.95 feet;thence North 72'l8'17"West,181.06 feet to the point of beginning. Containing 24,857 square feet,more or less. Pace l of 5 Temporary Easement Said temporary easement being more particularly described as follows: Commencing at the Northwest corner of said Lot 3;thence North 83'(degrees) 38'(minutes)19"(seconds)East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),88.32 feet along the North line of said Lot 3 to the point of beginning;thence continuing North 83'38'19"East,201.50 feet along said North line to the Northeast corner of above described perpetual easement;thence South 06'21'41" East,38.16 feet along said perpetual easement;thence North 84'43'19"East,106.38 feet along said perpetual easement;thence North 05'16'4 l"West,17.00 feet;thence North 84'43'19"East,118.46 feet;thence South 54'23'39"East,39.38 feet;thence South 35'36'21"West,65.00 feet;thence North 54'23'39"West,15.15 feet;thence South 84'43'19"West,208.56 feet;thence North 72'I 8'17"West,13.76 feet;thence North 15'56'16"West,8.41 feet to the South line of said perpetual easement;thence North 72'l 8'17"West,55.70 feet along said South line;thence South 16'04'04"West,7.00 feet;thence North 72'18'17"West,137.05 feet to the point of beginning. Containing 7,416 square feet,more or less,excluding perpetual easement. 2.Use and Pur 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)including replacement of any damaged sewer service laterals,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. Page 2 of 5 4. ~Right IA 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 imire to the heirs, assigns,successors,tenants and personal representatives of the parties hereto. 6.Iurisdiction 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, employees,officers,and contractors.The term "Grantor(s)"shall refer to Thomas E.Ta ait and Ikathleen I&.Ta art,their heirs,assigns,successors-in-interest,or lessees,if any. 9.~ft tt 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. 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 Dated this ~~day of FC'PIL-WPY@ 204 Thomas K.Ta art and Kathieen K.Ta art oat flv k Thomas E.Taggart William F.Peard,Mayor Kathleen K.Taggart Attest:Attest: Tim Moer an,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) On the ~day of,~~,203 4,before me,the undersigned,a Notary Public in and for the State of ~~,personally appeared Q.r to me known to be the identical person(s) named in and who execn e the foregoing instrument,and acknowledged that (he)(she)(they) executed the instrument as (his)(her)(their)v-untary act and ed.~ BETH RICHARDSON g .~Commission Number 701731 My n iree ows Notary Public in and for the State of Iowa On the ~day of ~~the~,20~,before me,the undersigned,a Notary Public in and for the State of ~i&rL,personally appeared .TQ to me known to be the identical person(s) named in and who executed the-or.going instrument,and acknowledged that (he)(she)(they) executed the instrument as (his)(her)(their)voluntary at,t'ancrl ed. BETH RICHARDSOH "r",j Commission Number 701731 MV i Expires boa & Notary Public in and for the State of Iowa Page 5 of 6 STATE OF IOWA ) )SS COUNTY OF DAI.LAS ) On this 5 day of ,20~i.,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 volunt r'ly executed. .,si«,,KATHRYN E.PURVIS ~Commission Numbei 794513'k My Commission Expires February 10,2019 No ary Publi in and for the State of Iowa Page 6 of 6 PREPABEO SY:YEEMSTBA S KIMM,IMC.—3000 'MESTOMM PARKMAY —NEST OES MOIMES,IOMA SOESO-ISZO -515)225-OOOO FOR THE CITY OF NAUKEE.IONA BDDK 757 PA(SE BBO THONAS E.AND KATHLEEN K.TAGGART JTRS 53.7 1 ' M83'38'19'E 68 I N63 10 OO E(R)i 259.89'04) 260.00'(Rl gl 'g REPLAT OF LJTS 5 AN LEONARD'$4UBDIY1$ CDTTONNOOO DRIV (O'I 7 OF ION Qi LEONARD 'S SUBDIVISI(2N I 19"2 (M')Q2 MSS'38',19.2 BOI 9)IP N83 '10'00 90 LS NSS'38,(.60 ~-I lu 200 00 (L MSS 10'00 ~-I ) LS Ã I lD SD'Dl 4~+.lI''CF DD DD FOOICl CAPPEO —P P ai DD PTM O,OO'OOOYB iDDDDDDD --Ls I OF L'IME DD N83'38'19 6 LEGEND FOUND SECTION CORNER MONUMENT AS NOTED 0 FOUND 1/2"REBAR N/YELLON CAP05808 m FOUND 1/2"REBAR N/MELLON CAP94840 (M)AS MEASURED DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING PERPETUAL EASEMENT 24 857 SQUARE FEET DDDD l'~' GRID NORTH IONA BTATE PLANE COORDINATE SYSTEM (SOUTH ZONE) LIME L2 L3 Ls L7 L9 LAO Li 1 L12 GEARING DISTANCE M83'38'19"E 105.49' M83'38'19"E 88.31' 672'18'17"E 72.30 N06'21'41 "6 29.47' N83 '38'19"E 30.00' S06 '21'41"E 38.16' N84'43'19"E 207.05 S54 '23'39"E 335.68 S63'36'19"N N54'23'39"N 53.84 282.24 384 '43'19"N 211.95 N72'18'17"N 181.06 SANITARY SENER EASE)4ENT IN LDT 3,LEDNARD 'S SUBDIVISIDN DATE DD-ll ID E —4 1 OF 2 PREPARES BY:VEENSTRA 6 KDOI,TNC.-3000 WESTOWN PARKWAY -WEST OES NOTNES,IOWA 50266-1370 -(515)225-5000 ~EM~GIRAWNG FQR THE.CITY OF WAUKEE. ' IOWA BDDK 767 PRISE BSO THOMAS E.AND KATHLEEN K.TAGGART eITRS FOUNU CAPPED PQI O.OO'SOUTH OF LANS 53.71 ie'i.Iii t N633'.10 00 6 6)l 259 89'(M) 280 00'(R)I g I g I j REPLAT OF LdTS 5 AN LEONARD '$~UBDIVIB COTTONWOOD DRIV Q4 Qs 7 OF ION E ---4 Qi LEDiNARD'S SUBDIVISIQN„ I I Q2 UJ .36 19"E(M)I "P (M) I w N63 .,QQ.E IR)MBS'.36,'9..(R) (MGR)MBS'10'0 200.00' L '3 3 lU P 0 C ~~-I"7,PER~PETUAL Nlil COWER )+L14 Li 1 L10 leUeeigec 1 Li 1 QS L12 U I «l ee g e» «l i«lii L2 L4 L5 BEARINB DISTANCE N83'38'19"E 86.32' N83'38'19"5 201.50' 606'21'41"E 38.16 N84 '43'19 "E 106.38 N05'18'4)"'ll 17.00 LEGEND eL FOUND SECTION CORNER MONUMENT AS NOTED lB FOUND 1/2 REBAFI N/YELLOW CAP46808 m FOUND 1/2"REBAR N/YELLON CAPiF4640 (M)"AB MEASURED DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING gg TEMPQRAFIY EASEMENT 7,416 SQUARE FEET GRI'0 NORTH IONA STATE PLANE COQRDDIATE SYSTEM (SOUTH ZONE) L7 LB L10 Lii L12 L13 L14 L15 4(i0 N84'43'19 E 118 46' S54 23'39 E 39 38' 635 36'21 N 65.00' N54 '23'39"8 15.15 684 '43'19"N 208.56' N72 '1S'17'N 13,76' N15'56'16"N 8.41 N72 18 17 N 55.70 616 '04 '04 "N 7.00 ' N72'18'17"N 137.05' «« eeee ee-ii-ie E —4 20F2 eee«ee rieiie CDNSTRUCTIDN EASEMENT IN LDT 3,LEDNARD'S SUBDIVISIDN