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Home My WebLink About2017-01-16-J01Q South Outfall Sewer_Sanitary Sewer Easement_Stilley►1►� Waukee * 1■I I THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 16, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Sanitary Sewer Right -of - Way Easement related to the South Outfall Sewer Project (David G. Stilley and Connie J. Stilley) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is required for the South Outfall Sewer Project. FISCAL IMPACT INCLUDING COSTIBENEFIT ANALYSIS: $14,253.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson , PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING SANITARY SEWER RIGHT-OF-WAY EASEMENT RELATED TO THE SOUTH OUTFALL SANITARY SEWER PROJECT [DAVID G. AND CONNIE J. STILLEY] 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, it has been determined that a Sanitary Sewer Right -of -Way Easement is necessary for the purpose of construction of the South Outfall Sanitary Sewer Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by David G. and Connie J. Stilley, and legally described as referenced in Exhibit A, Easement Area, of the Sanitary Sewer Right -of -Way Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 16`" day of January, 2017, that it hereby approves the Sanitary Sewer Right -of -Way Easement related to the South Outfall Sanitary Sewer Project [David G. and Connie J. Stilley] in the amount of $14,253.00. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Brian Harrison Shelly Hughes Larry R. Lyon VACANTSEAT Prepared by: Forrest Aldrich, Veenstra & Kimm, Inc. (515) 225-8000 Return to: Veenstre & Marv, Inc., 3000 Westown Parkway, West Des IA 50266-1320 Project: South Outfall Sewer/WRA Waukee Outfall, Phase 28 Project Location: Along Sugar Creek North of Ashworth Road in the Glynn Village Plat 8 and 10 Subdivisions PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY (hereinafter referred to as the "Grantor"), in consideration of the sum of Fourteen'1'housand two nunarea ruw-tluec arru VV IlvV Dollars ($14 253.00 1 to be paid by the City of Waukee, Iowa, does/do hereby convey unto the City of Waukee, Iowa, a municipal corporation organized under the Iowa Code (hereinafter referred to as the "City") a Permanent Easement for Sanitary Sewer Right -of -Way under, over, through and across the following described property: A permanent easement for sanitary sewer right-of-way located in Parcel "A" of Lot 2, Sugar Creek Estates, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa. Said permanent easement for sanitary sewer right-of-way being a strip 40.00 feet in width lying 20.00 feet on each side of the following described line: Commencing at the Northeast corner of said Parcel "A"; thence South 84012' 15" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone as broadcast by the Iowa Real Time Network), a distance of 211.97 feet along the North line of said Parcel "A" to the point of beginning; thence South 01°02'51" West, a distance of 212.11 feet to the South line of said Parcel "A". The sidelines of said strip to be shortened or lengthened to terminate at the North and South lines of said Parcel "A". Containing 8,484 square feet, more or less. Which property is also described and depicted on the plat attached hereto as Exhibit PE-13. (hereinafter referred to as the "Easement Area") for all activities related to the purpose of the City constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with the necessary appurtenances thereto, under, over and through said Easement Area. This Easement shall be subject to the following terms and conditions: ERECTION OF STRUCTURES PROHIBITED. Grantor shall not erect any structure over or within the Easement Area without obtaining the prior written approval of the City. 2. PLANTINGS. The planting of trees and shrubs is prohibited within the Easement Area. CHANGE OF GRADE PROHHITED. Grantor shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 11122/16: Page 1 of 4 4. RIGHT OF ACCESS. The City, its agents, contractors, employees and assigns 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. This Easement further allows the City, its agents, contractors, employees and assigns the right to enter in, upon and onto the Easement Area at any time to perform any and all activities related to or necessary for the construction, reconstruction, repair, enlargement or maintenance of the sanitary sewer, including but not limited to the following activities: (1) grading and excavation; (2) hauling, transporting and storage of materials and equipment; (3) removal of any unauthorized plantings or structures placed or erected within the Easement Area; (4) trimming and/or removal of trees, shrubs, and landscaping within or encroaching upon the Easement Area; and (5) utility work including but not limited to relocation, placement and removal of various utility facilities such as electric poles and wires, water lines, sewer lines and natural gas facilities that are within or encroaching upon the Easement Area. This right of access shall begin on the date that Grantor executes this document. 5. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's successors and assigns. 6. APPROVAL BY CITY COUNCIL. This Easement shall not be binding until it has received final approval and acceptance by the City Council of the City of Waukee by Resolution, which approval and acceptance shall be noted on this Easement. 7. SPECIAL PROVISIONS. Nothing herein prevents the assignment or conveyance of this Easement to the WRA, as the City intends to assign or quit claim all its interest in the Easement Area to the WRA upon completion of the construction of the project and acceptance of the project by the WRA in accordance with the Chapter 28E Agreement between the City of Waukee, Iowa and the Des Moines Metropolitan Wastewater Reclamation Authority for the Financing, Design and Construction of the Waukee Interceptor Sewer to Connect Waukee to the WRA Conveyance System. The City shall provide a physical connection point to the sanitary sewer for a future sanitary sewer extension at no cost to the Grantor(s). The Grantor(s) are hereby granted the right to connect Grantor(s) existing residence to said connection point at Grantor(s) expense. The connection shall be made by extending the City provided sewer stubout, with the same diameter pipe as the sewer stubout, to a standard manhole. The sewer service extended from the residence shall connect to the manhole or tee into the sanitary sewer extension. The sanitary sewer extension, manhole and sewer service will be at the Grantor(s) expense. Grantor does hereby covenant with the City that Grantor holds said real estate described in this Easement 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 premises 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 acknowledgment hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Page 2 of 4 Signed this day of YB .r _?AStilley Connie J. Stilley DONATION (OPTIONAL) It is the understanding of the Grantor that, although the City will provide compensation for the granting of this property, it is the Grantor's wish to donate this permanent easement and not receive said compensation, and Grantor waives any and all rights to compensation. Acknowledgement State of County of �� y ) ss. On this 'J day of Y)j appearea__CUP 6 I V ti name), to me known � to bethe person acknowledged that G ! nm ex cuted the same as his/her/the v 1 _�=Q, �-'StQ'W'k Notary Signature J. Notary Public in the state of _, 20 d before me, a Notary Public, personally _ and— �__AV+(j (; •. S'{ i Il.t (signatory in and who exec ted the foreg ing instrument, and and ,1 !;d %.Sii C .e4_ li act and deed de ARLET PEREZ-SANCHEZ sCommission Number 791021 Wq� MY Commission Expires Jul 14, 2018 Page 3 of 4 APPROVED AS TO FORM: Attorney for the City of Waukee, Iowa City Approval and Acceptance: I, , City Clerk of the City of Waukee, Iowa, foregoing Easement was duly approved and accepted by the City Resolution and Roll Call No. , passed on made pursuant to the authority contained in said Resolution. City Clerk of the City of Waukee, Iowa do hereby certify that the within and Council of said City of Waukee by , 20_, and this certificate is Page 4 of 4 EASEMENT DRAWING OWNER: OF PERPETUAL SANITARY SEWER EASEMENT DAVID G. STILLEY BEING CONVEYED TO THE WRA CONNIE J. STILLEY BOOK 761 PAGE 815 PARCEL ID: 1608252012 00, (vol) 4d C2' r ° 12' 15'W (M) 252. 2G , ((MR)) °07' 33„W (R) 252-01 SUGAR CREEK LA P.O.B. _ — — — — . W 211.97' —SB484 '12' 15" PARCEL"A" OF LOT 2 BK2009 PG12292 40.00' }-S01.02'51"W 2o.00' / 212.11' ADDRESS: 2 SUGAR CREEK LANE WAUKEE, IA 50263 — I P.O.C. NE CORNER PARCEL "A" FND: 1/2"BAR W/ORANGE CAP#13286 0 o LOT 12 rn ncTi Jw I 03N O1 �JO 53 m 3 D 3 SUGAR CREEK ESTATES I — LOT 3 _ SW CORNER LOT 3 LEGEND ♦ FOUND SECTION CORNER • FOUND 5/8"REBAR W/YELLOW CAP#4821 UNLESS OTHERWISE NOTED ■ WITNESS CORNER FOUND 5/8"REBAR W/YELLOW CAP#4821 (M) "AS MEASURED" DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING ` LM PERPETUAL EASEMENT 0 R.4R4 SR.FT_ 31 °05' BO °01, , 277.49 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE id Date— � 100 SOUTH OUTFALL WEST DES MOINES, IOWA 50255-1320 (EXHIBIT P E - 13 SHEET 1 OF 2 EASEMENT DRAWING OWNER: OF PERPETUAL SANITARY SEWER EASEMENT DAVID G. STILLEY BEING CONVEYED TO THE WRA CONNIE J. STILLEY BOOK 761 PAGE B15 PARCEL ID: 1608252012 ADDRESS: 2 SUGAR CREEK LANE WAUKEE, IA 50263 LEGAL DESCRIPTION A perpetual sanitary sewer easement located in Parcel "A" of Lot 2, Sugar Creek Estates, an Official Plat, now included in and forming a part of the City of Waukee. Dallas County, Iowa. Said perpetual easement being a strip 40.00 feet in width lying 20.00 feet on each side of the following described line: Commencing at the Northeast corner of said Parcel "A"; thence South 84°12'15" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone as broadcast by the Iowa Real Time Network), a distance of 211.97 feet along the North line of said Parcel "A" to the point of beginning; thence South 01'02'51" West, a distance of 212.il feet to the South line of said Parcel "A". The sidelines of said strip to be shortened or lengthened to terminate at the North and South lines of said Parcel "A". Containing 8,464 square feet, more or less. SOUTH WEST (EXHIBIT PE- 13 1 SHEET 2 OF 2