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Home My WebLink About2017-01-16-J01S Fox Creek Trunk Sewer Phase 3 Easement_Roose00M ► 1//au kee j�l 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 Easement related to the Fox Creek Trunk Sewer, Phase 3, Project (Don J. Roose, Jr.) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is required for the Fox Creek Trunk Sewer Phase 3 Project. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $21,945.28 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. 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 EASEMENT RELATED TO THE FOX CREEK TRUNK SEWER PHASE 3 PROJECT [DON J. ROOSE, JR.] 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 Easement is necessary for the purpose of construction of the Fox Creek Trunk Sewer Phase 3 Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by Don J. Roose, Jr., 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 16`h day of January, 2017, that it hereby approves the Sanitary Sewer Easement related to the Fox Creek Trunk Sewer Phase 3 Project [Don J. Roose, Jr.] in the amount of $21,945.28. 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 VACANT SEAT Prepared by and Return to: Travis 7 PaUL VWnStM & KiMin. be., 3000 Westown Pkwv. Went Des Mojues, Iowa 50266 (51512254000 SANITARY SEWER EASEMENTI S) KNOW TO ALL MEN BY THESE PRESENTS: 1. Grant ofEasementtsl. The undersigned, Don J. Roose. Jr. , (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of Twenty One Thousand Nine Hundred Forty Five and 28/100 Dollars ($21945 28) 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 Waukee, Iowa, a municipal Corporation (hereinafter referred to as "the City"), a permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer Easement" or "Easement(s)") and right-of-way upon, over, under, through and across the real property legally described as: Perpetaal Easement A perpetual sanitary sewer easement located in the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 78 North, Range 26 West of the 51' P.M., West Des Moines, 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 Southwest corner of said Southeast 1/4 of the Southwest 1/4; thence North 83014'26" East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 83.84 feet along the South line of said Southeast 1/4 of the Southwest 1/4; thence North 06e45'34" West, 60.00 feet to the North right-of-way line of Ashworth Road, said point being the point of beginning; thence North 00°27'41" East, 375.03 feet; thence North 89e32' 19" West, 28.13 feet to a point on the East right-of-way line of Waco Place, also known as 98111 Street. The sidelines of said strip to be shortened or lengthened to terminate at the North right-of-way line of Ashworth Road and at the East right-of-way line of Waco Place, Containing 16,127 square feet, more or less. Page 1 of 5 Temporary Easement A temporary construction easement located in the Southeast 1/4 of the Southwest 1/4 of Section 3, Township 78 North, Range 26 West of the 5a' P.M., West Des Moines, Dallas County, Iowa Said temporary easement being more particularly described as follows: Commencing at the Southwest corner said Southeast 1/4 of the Southwest 1/4; thence North 83'14'26" East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 146.20 feet along the South line of said Southeast 1/4 of the Southwest 1/4; thence North 06'45'34" West, 60.00 feet to the North right-of-way line of Ashworth Road, said point being the point of beginning; thence South 83'14'26" West, 90.72 feet along said North right-of-way line to the East right-of-way line of Waco Place, also known as 98`h Street; thence North 00'27'41" East, 438.60 feat along said East right-of-way line; thence South 89°32' 19" East, 90.00 feet; thence South 00'27'41" West, 427.19 feet to the point of beginning, EXCEPTING THEREFROM above described perpetual easement. Containing 22,834 square feet, more or less. 2. Use and Pumose of Easement(s). This Easement shall be granted for the 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 into 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. 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. 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), except the City shall not be required to replace landscaping, trees, shrubs, bushes, landscape elements, structures, or underground water systems nor shall the Citybe required to restore the Easement area by reason of settlement, depression, or any unknown Page 2 of 5 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. 4. Right of Access. 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. Hold Harmless. The Grantor(s) agrees to indemnify and hold harmless the City, its elected officials, employees, officers, agents, representatives, contractors, and attorneys from and against any and all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind for actions or omissions of the Grantor(s) arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6. Running of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Grantor 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 inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. 7. Jurisdiction 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. 8. 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. 9. Parties. The term "City" as used herein shall refer to the City of Waukee, Iowa, its elected officials, agents, employees, officers, and contractors. The term "Grantor(s)" shall refer to Don J. Roose Jr., their heirs, assigns, successors -in -interest, or lessees, if any. Page 3 of 5 10. Attornev's Fees The City may enforce this instrument by appropriate action, and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incurred in such litigation. 11. Integration. 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. 12. Paragraph Headings. 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. 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 al] 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 Dom J. Roose, Jr. Attest: 20 f 4_. City of Waukee William F. Peard, Mayor Attest: Person and title o Tim Moerman, City Administrator STATE OF IOWA ) ) SS: COUNTY OF DALLAS ) On the I I `_ _ day of V W __ . 20 1 � , before me, the undersigned, a Notary Public in annddfor�the State of tSWT - personally appeared to me known to be the identical person(s) named m and who executed the foregoing instrument, and acknowledged that (he) (she) (they) executed the instrument as (his) (her) (their) voluntary act and deed. Notary Public in and for the RANDI MARIE Wit LAHD STATE OF IOWA ) Notarial Seat - Iowa Commission Number 774657 )SS LMY Commission Expires Sep 11, 2018 COUNTY OF DALLAS ) On this day of _ 20. 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 voluntarily executed. Notary Public in and for the State of Iowa Page 5 of 5 PREPARED BY: YEENSTRA 6 KIW INC. - 3000 WESTOWN PARKWAY - WEST DES MORES, IOWA 50256-1320 - (515) 225-0000 DMER: EASEMENT DRAWING DON L. ROOSE, JR. FOR SANITARY SEWER EASEMENT 806:{ 2009 PAGE 6257 FOR THE CITY OF WAUKEE. IA PARCEL ID: AIDDAEBB: 1603300010 3200 BLOCK ASHWORTH ROAD WEST DES MOINES. IA 50266 NW CORNER SE 114 SW 1/4 SEC 3-78-26 FND: 1/2'REBAR W/YELLOW � CAP#5041 66.00' RI6HT-OF-WAV 1 II I � 5(M) I I 47 50 9(M) I j NB9'32' 19"W (M) 28. 13' (M) ti2rp m n I W `pCOOi e Qj t<- m Ito .-i.ti I Ial 4j E¢ S m IJ; of WLu .+o iil Lu LLl I °" N00'27'41"E(M) vm m4 Isl a '''%' 375.03' (M) NN GRID NORTH I ' �'' IOWA STATE PLANE 00 v v I�1 Rio i COORDINATE SYSTEM zz Q SOUTH ZONE m. 3 - 40. 00' - ROAD N40(A 6U'6p �L53.B4' (M) `—� 1483 '31' 00"E (R) SW CORNER N82 BE 1/4 SW 1/4 SEC 3-78-25 FMO:PK NAIL • FOUND SECTION CORNER • FOUND PROPERTY PIN (M) "AS MEASURED" DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING '. PERPETUAL EASEMENT 16.127 SQUARE FEET 1,312.93., g, 312. B9 1"=100' 0 100 200 s _ SANITARY SEWER EASEMENT IN ONG. NO. - " PART OF THE SE 1/4 SW 1/4 SECTION 3-78-26 wre �e-m-m a inc a WI%bftm ftfmW VAdDwAar.rbwMff-1 v 1 OF 2 .. phi inc • M$azsa mom • NMI-wwfm7w r PREPAPED BY: YEENSTRA S KINK, INC. - 3000 WESTOWN PAR(WAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-0000 EASEMENT DRAWING OWNER; FOR SANITARY SEWER EASEMENT DON L. ROOSE, JR. FOR THE CITY OF WAUKEE. IA ADDRESS SOCMC 2009 PARE 6257 3200 BLOCK ASHWORTH ROAD PARCEL ID: WEST DES MOINES, IA 50266 1603300010 i¢ mm mm mm 0NN O 00 0 Oo M NW CORNER BE 1/4 SW 114 SEC 3-78-26 M/YELLOWBAR CAPf5041 -- 68.00' RIGHT-OF-WAY '32' 19'E (M) GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE LINE BEARING DISTANCE Li 983'14'26"W 90.72' L2 N00'27'41'E 436.60' L3 S89'32'19'E 90.00' L4 S00'27'41'W 427.19' P.D.B. — NOG '45' 34"W (M) N83'iA-WE (M) N8231 00 E (R) SE 3%4 N 1/4 SEC 3-7B-26 FND: PK NAIL ♦ FOUND SECTION CORNER 0 FOUND PROPERTY PIN (M) 'AS MEASURED' DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING TEMPORARY EASEMENT 22,834 SQUARE FEET - _ muM T,v - - . ,., 1, 312. 83''. (M� 1, 312. B9 RG 0 100 200 CONSTRUCTION EASEMENT IN PART OF THE SE 1/4 SW 1/4 SECTION 3-7B-26 Y6Bmu & A7Ag /AM» ' VA fWbno ' VAd Do AldtTOWSM&T220 SISJ254M • JTS2ZYil OW • �ao WATy E-1 >OF2