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Home My WebLink About2017-01-16-J01R South Outfall Sewer_Temp Construction Easement_Stilley►►►4-�4 \ /au kee `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 Temporary Construction 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 COST/BENEFIT ANALYSIS: $1,478.20 COMMISSIONBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: L Easement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA IOil O 01IILIcelffildl APPROVING TEMPORARY CONSTRUCTION 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 Temporary Construction 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 Temporary Construction Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 161h day of January, 2017, that it hereby approves the Temporary Construction Easement related to the South Outfall Sanitary Sewer Project [David G. and Connie J. Stilley] in the amount of $1,478.20. William F. Peard, Mayor Attest: Rebecca D. Schnell, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Brian Harrison Shelly Hughes Larry R. Lyon VACANT SEAT Prepared by: Forrest Aldrich, Veenstra & Kinno Inc. (515)225-8000 Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, IA 50266-1320 Project Location: Along Sugar Creek North of Ashworth Road in the G] g Glynn Village Plat 8 and 10 Subdivisions TEMPORARY EASEMENT FOR CONSTRUCTION David G. Stilley and Connie J. Stille husband and wife (hereinafter referred to as the "Grantor"), in consideration of One Thousand Four Hundred Seventy-eight and 20 /100 Dollars 1 478.20 to be paid by the City of Waukee, Iowa (hereinafter referred to as the "City"), does/do hereby convey unto the City Of Waukee, Iowa, a municipal corporation organized under the laws of the State of Iowa, a Temporary Easement for Construction under, over, through and across the following described property: A temporary construction 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 temporary easement being more particularly described as follows: The West 80.00 feet of said Parcel "A", EXCEPTING THEREFROM a perpetual easement as shown Oil Exhibit PE-13 sheet 1 of 2. Containing 8,472 square feet, more or less. Which property is also described and depicted on the plat attached hereto as Exhibit TE-13. 11/2M 6: Page I af4 (hereinafter referred to as the "Easement Area"). Said Easement allows the City, its agents, contractors and employees the right to enter in, upon and onto the above described Easement Area for the purpose of any and all construction and reconstruction -related activities, and includes but is not limited to the following: (1) grading and excavation; (2) hauling, transporting and storage of materials and equipment; (3) trimming and/or removal of trees and landscaping within or encroaching upon the Easement Area; (4) 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; and (5) laying, constructing, maintaining, operating, repairing and removing underground conduit, wires, cables, poles, guys, guy stubs, anchors and other necessary equipment incident thereto (including but not limited to transformers, switchgears, capacitors and other associated surface mounted equipment) during the construction of the Waukee South Outfall Extension project. It is understood that, upon completion of this project, the City shall restore the Easement Area to its original condition as reasonably possible, including but not limited to restoration of lawns by sodding or seeding, replacement of concrete or asphalt driveways removed for grading or access purposes, and replacement of fences or other structures that may be removed or damaged by the City during the course of construction, except that the following items shall not be restored by the City but are instead compensated for the consideration paid for in this Easement by the City as set forth above. (List items below or state "none"). NONE It is further understood that the consideration set forth in this Easement shall constitute full and adequate compensation for damages to the above listed items. It is further understood that the foregoing Easement and release shall be null and void and of no effect whatsoever unless accepted by the City and shall be subject to the following terms and conditions to which the City, upon acceptance of this instrument by the City, shall be deemed and to have stipulated and agreed: 1. DURATION. It is understood and agreed that this Easement allowing entry in, upon and onto the Easement Area described shall be in effect beginning on the date that the Grantor signs this document until completion of construction of this improvement above described and the City's performance of its obligation hereunder. This Easement shall be binding on Grantor and on Grantor's successors and assigns during construction of this improvement. 2. REMOVAL OF EQUIPMENT It is further understood and agreed that the City will remove all of said materials and equipment from the above described premises within 10 days after the above described project has been completed. 11/22/16: Page or4 3. SPECIAL PROVISIONS. NONE. Signed this °�_ day of awo(' b Acknowledgement /' State of hma ) County of �b � K ) ss. On this '')' day of name), to me known to be the erse�an acknowledged that t e cuted the ame as is/her/their vol t✓✓� W't 1Votary Signature Notary Public in the state of 20—fLy before me, a Nota Public, personally _ and l 4)nnic J i 101 (signatory in and who executeA the fore ggo g i strument, and andJt g1i'I t� act and deed. AILET PEREY-SANCWEY �" Commission Number 791021 My Jul 14,118 20Exph l l/22, 10: Page'of 4 DONATION (OPTIONAL) It is the understanding of the Grantor that, although the City will provide compensation for the granting of this easement, it is the Grantor's wish to donate this temporary easement and not receive said compensation, and Grantor waives any and all rights to compensation. ACCEPTANCE BY CITY: I, , City Clerk of the City of Waukee, Iowa, do hereby certify that the within and foregoing Easement was duly approved and accepted by the City Council of said City of Waukee by Resolution and Roll Call No. passed on 20 and this certificate is made pursuant to the authority contained in said Resolution. City Clerk of the City of Waukee, Iowa Approved As To Form: Attorney for the City of Waukee, Iowa I 1 /22116: Page 4 of 4 EASEMENT DRAWING OWNER: OF TEMPORARY CONSTRUCTION EASEMENT ADDRESS: DAVID G. STILLEY BEING CONVEYED TO THE WRA 2 SUGAR CREEK LANE CONNIE J. STILLEY WAUKEE, IA 50263 BOOK 761 PAGE 615 PARCEL ID: 1608252012 20 SB4 °12'' 15„W (M) z52.0o' (R) SB3 °07 33 W (R) I�Io.DD'IMSB) SUGAR CREEK LANE---- __� NE CORNER z z 00 � 0o z� od �w cam w f frl �a 173 way m LOT 1 a� / as la0jB0 N ]7 3 35.00'lP) SW CORNER LOT 3 I FND:1/2"BAR I W/ORANGE I CAP#13286 I PARCEL"A" ,. o o LOT 12 OF LOT 2 1p 01 cT BK2009 PG12292 v ()1(31 i a1NLi) W-JLB O — WEST 3 TI3 II 80.00' I I SUGAR CR`EK ESTATES I —� LOT 3 LEGEND ♦ FOUND SECTION CORNER • FOUND 5/8"REBAR W/YELLOW CAP#4B21 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 ` TEMPORARY EASEMENT 0 8,472 SO FT. .p5. 33', W •01' 29p6 7.49 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 50 100 was prepared and the related survey work was 3000 WESTOWN PARKWAY performed by me or under my direct personal o�N- WEST DES MOINES. IOWA 50266-1320 supervision and that I am a duly licensed Land ti s 515-225—B000 Surveyor under the laws of the State of Iowa. �n Bobby .l. Signed Date LL Madda len° N EXHIBIT TE-13 °. f99fi0 Bobby J. Maddaleno, P.L.S. # OWN Iowa License No. 19960 My license renewal date is December 31. 2017 Rev/BySHEET 1 OF 2 Drawinas covered by this seal: Sheet 1 of 2 and Sheet 2 of 2 _ ___ R: EASEMENT DRAWING OWNER: AVID G. STILLEY OF TEMPORARY CONSTRUCTION EASEMENT CONNIE J. STILLEY BEING CONVEYED TO THE WRA BOOK 761 PAGE 615 PARCEL ID: 1608252012 ADDRESS: 2 SUGAR CREEK LANE WAUKEE, IA 50263 LEGAL DESCRIPTION A temporary construction 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 temporary easement being more particularly described as follows: The West 80.00 feet of said Parcel "A". EXCEPTING THEREFROM a perpetual easement as shown on Exhibit PE-13 sheet 1 of 2. Containing 8,472 square feet, more or less. SOUTH OUTFALL WEST (EXHIBIT T E - 13 SHEET 2 OF 2