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