Loading...
HomeMy WebLinkAbout2018-12-03-J02 Vacation of Easement_Fridley Palms Plat 1 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 3, 2018 AGENDA ITEM: Consideration of approval of a resolution approving the partial vacation of a Public Sanitary Sewer Easement and Storm Water Management Facility Maintenance Covenant and Permanent Easement Agreement related to Fridley Palms Plat 1 FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: New easements for both the sanitary sewer and the detention facility have already been provided as a part of the approval of the final plat for Fridley Palms Plat 2. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Staff would recommend approval of the resolution. ATTACHMENTS: I. Proposed Resolution PREPARED BY: Brad Deets, Development Services Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J2 THE CITY OF WAUKEE, IOWA RESOLUTION APPROVING THE PARTIAL VACATION OF A SANITARY SEWER EASEMENT AND STORM WATER MANAGEMENT FACILITY MAINTENANCE COVENANT ACROSS FRIDLEY PALMS PLAT 1 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City has previously approved a final plat for Prairie Crossing Plat 4, which included a Public Sanitary Sewer Easement in Book 2018 Page 5315 and a Storm Water Management Facility Maintenance Covenant in Book 2018 Page 5314 (collectively the “Easements”); AND, WHEREAS, it has been determined that a portion of the Easements as described on attached Exhibit A are no longer needed; AND, WHEREAS, the property owner has requested that the easements as described in attached Exhibit A be vacated. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 3rd day of December 2018, that it hereby approves the vacation of the Sanitary Sewer Easement and Storm Water Management Facility Maintenance Covenant across a portion of Fridley Palms Plat 1. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon EXHIBIT A EASEMENT TO BE VACATED Public Sanitary Sewer Easement – Fridley Palms Plat 1 (Book 2018 Page 5315) A Error! Reference source not found. RECORDED IN BOOK 2018, PAGE 5315 AT THE DALLAS COUNTY RECORDER’S OFFICE, IN LOTS 2 & 3, FRIDLEY PALMS PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2018, PAGE 5310 AT THE DALLAS COUNTY RECORDER’S OFFICE, CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE SE CORNER OF SAID LOT 3, SAID SE CORNER ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF EAST HICKMAN ROAD AS IT IS PRESENTLY ESTABLISHED; THENCE S89°52’00”W, 17.84 FEET ALONG THE SOUTH LINE OF SAID LOT 3 AND SAID NORTH RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; THENCE CONTINUING S89°52’00”W, 33.28 FEET ALONG SAID SOUTH LINE TO POINT; THENCE N25°30’57”E, 101.85 FEET TO A POINT; THENCE S64°29’03”E, 30.00 FEET TO A POINT; THENCE S25°30’57”W, 87.44 FEET TO THE POINT OF BEGINNING. Storm Water Management Facility Maintenance Covenant – Fridley Palms Plat 1 (Book 2018 Page 5314) A STORM WATER MANAGEMENT FACILITY MAINTENANCE COVENANT RECORDED IN BOOK 2018, PAGE 5314 AT THE DALLAS COUNTY RECORDER’S OFFICE, IN LOT 2, FRIDLEY PALMS PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2018, PAGE 5310 AT THE DALLAS COUNTY RECORDER’S OFFICE, CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SE CORNER OF LOT ‘A’ OF SAID FRIDLEY PALMS PLAT 1; THENCE S05°16’29”W, 16.47 FEET ALONG THE EAST LINE OF SAID LOT 2, SAID EAST LINE ALSO BEING THE WEST RIGHT-OF-WAY LINE OF NE WESTGATE DRIVE AS IT IS PRESENTLY ESTABLISHED, TO A POINT; THENCE S00°26’12”W, 45.00 FEET ALONG SAID EAST LINE AND SAID WEST RIGHT-OF-WAY LINE TO A POINT; THENCE N89°33’48”W, 50.00 FEET TO A POINT; THENCE N45°00’00”W, 47.77 FEET TO A POINT; THENCE N89°33’42”W, 45.00 FEET TO A POINT; THENCE N00°26’18”E, 55.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2; THENCE S89°33’42”E, 105.51 FEET ALONG SAID NORTH LINE TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING S42°08’37”E, AN ARC LENGTH OF 41.38 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING