HomeMy WebLinkAbout2017-01-16-J01T Fox Creek Trunk Sewer Phase 3 Easement_Maple Grove Place► Waukee
-� 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 (Maple Grove Place,
L.L.C.)
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The easement is required for the Fox Creek Trunk Sewer
Phase 3 Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $41,411.45
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 [MAPLE GROVE PLACE, LLC]
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 Maple Grove
Place, LLC, 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
161h day of January, 2017, that it hereby approves the Sanitary Sewer Easement related to the
Fox Creek Trunk Sewer Phase 3 Project [Maple Grove Place, LLC] in the amount of $41,411.45.
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 J. Paul Veenstra & Kimm Inc 3000 Westown Pkwy, West Des Moines Iowa 50266 (515) 225 8000
SANITARY SEWER EASEMENT(S)
KNOW TO ALL MEN BY THESE PRESENTS:
Grant of Easement(s).
The undersigned, Maple Grove Place, L.L.C., (hereinafter referred to as the "Grantor(s)"),
of the City of Waukee, Dallas County, Iowa, in consideration of the sum of Forty One Thousand
Four Hundred Eleven and 451100 Dollars ($41 411 45) 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:
Perpetual Easement
A perpetual sanitary sewer easement located in Parcel B of the Northwest 1/4 of the Southwest 1/4
as recorded in Book 2009 on Page 20329 in the Dallas County Recorder's Office, AND in part of
the Northwest 1/4 of the Southwest 1/4 lying South of said Parcel B, all in Section 3, Township 78
North, Range 26 West of the 5th P.M., Dallas County, Iowa. Said perpetual easement being more
particularly described as follows:
Commencing at the Southwest corner of said Northwest 1/4 of the Southwest 1/4; thence
North 00028'33" East (all bearings referenced to Grid North Iowa State Plane Coordinate
System South Zone), 5.04 feet along the West line of said Northwest 1/4 of the Southwest
1/4 to the point of beginning; thence continuing North 00°28'33" East, 30.23 feet along
said West line; thence North 83°23'27" East, 686.73 feet; thence North 58°05'51" West,
157.14 feet; thence North 09°44'34" East, 214.88 feet; thence North 00°30'44" East,
278.62 feet; thence South 86°12'39" West, 141.12 feet; thence North 06°34'00" West,
191.29 feet to the North line of said Parcel B; thence North 83°26'25" East, 854.12 feet
along said North line; thence South 00°31'52" West, 20.16 feet; thence South 83°26'26"
West, 821.62 feet; thence South 06°34'00" East, 142.71 feet; thence North 86°12'39" East,
144.88 feet; thence South 00°30'44" West, 313.38 feet; thence South 09°44'35" West,
197.12 feet; thence South 58°06'01" East, 182.41 feet; thence South 39°10'54" East, 35.81
feet to the South line of said Northwest 1/4 of the Southwest 1/4; thence South 83°2327"
West, 35.60 feet along said South line; thence North 39°10'54" West, 5.93 feet; thence
South 83°23'27" West, 725.19 feet to the point of beginning
Containing 68,748 square feet, more or less.
Page 1 of 5
Temporary Easement
A temporary construction easement located in Parcel B of the Northwest 1/4 of the Southwest 1/4
as recorded in Book 2009 on Page 20329 in the Dallas County Recorder's Office, AND in part of
the Northwest 1/4 of the Southwest 1/4 lying South of said Parcel B, all in Section 3, Township 78
North, Range 26 West of the 5th P.M., Dallas County, Iowa. Said temporary easement being more
particularly described as follows:
Beginning at the Southwest corner of said Northwest 1/4 of the Southwest 1/4; thence
North 00°28'33" East (all bearings referenced to Grid North Iowa State Plane Coordinate
System South Zone), 75.58 feet along the West line of said Northwest 1/4 of the Southwest
1/4; thence North 83°23'27" East, 615.44 feet; thence North 58°06'01" West, 87.06 feet;
thence North 09°44'34" East, 220.79 feet; thence North 00°30'44" East, 267.03 feet; thence
South 86°12'39" West, 139.87 feet; thence North 06°34'00" West, 200.82 feet to the North
line of said Parcel B; thence North 83 °26'25" East, 881.95 feet along said North line to the
West right-of-way line of Waco Place, also known as 98`h Street; thence South 00°31'51"
West, 25.19 feet along said West right-of-way line; thence South 83°26'25" West, 788.83
feet; thence South 06134'00" East, 90.07 feet; thence North 86°12'39" East, 151.15 feet;
thence South 00°30'44" West, 371.32 feet; thence South 09°44'34" West, 178.33 feet;
thence South 58°06'01" East, 151.38 feet; thence South 39°10'54" East, 68.03 feet to the
South line of said Northwest 1/4 of the Southwest 1/4; thence South 83°23'27" West,
812.07 feet along said South line to the point of beginning, EXCEPTING THEREFROM
above described perpetual easement.
Containing 92,074 square feet, more or less.
2. Use and Purpose 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.
Page 2 of 5
3. 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
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.
Page 3 of 5
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 Maple Grove
Place, L.L.C., their heirs, assigns, successors -in -interest, or lessees, if any.
10. Attorney'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. Inte ation.
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 Headinp_s.
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 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 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-9 day of J4AL)-QONI 20_1�r
Maple Grove Place, L.L.C.
Gj', l 1 Vcvv 2..-e-e vn� ✓�
Attest:
City of Waukee
William F. Peard, Mayor
Attest:
MAP-Jvk (j MIC P1-Uc.1(,
Person and title Tim Moerman, City Administrator
STATE OF IOWA )
) SS:
COUNTY OF DALLAS )
On this — (I day of .� 20�, before me, the undersigned,
a Notary Public in and for said county and =tat , personally appeared MA91AIVA 9416 /0uye, , to
me personally known, who, being by me duly sworn, did state that they are the . R r of said
corporation; that no seal has been procured by the said corporation; that said instrument was signed
on behalf of said corporation by authority of its Board of Directors; and that said W %\\ \440JZee
as such officer acknowledge the execution of said instrument to be the voluntary act and deed of
said corporation, by it and by him voluntarily execute .
7 y'
otary Public in and for the State of Iowa
STATE OF IOWA )�MARINELA MIC PLUCK
COMMISSION NO. 769372
)SS ` MYCM ISSI 'EXPIRES
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
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PREPARED BY: VEENSTRA & KIMM, INC.
- 3000 WESTOWN PARKWAY - WEST DES MOINES.
IOWA 50265-1320 - (515) 225-8000
OWNER:
EASEMENT DRAWING
ADDRESS:
MAPLE GROVE PLACE, LLC
FOR SANITARY SEWER EASEMENT
3169 WACO PLACE
FOR THE CITY OF WAUKEE, IA
WAUKEE. IA 50263
BOOK 2015 PAGE 12509
PARCEL ID:
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PREPARED BY: VEENSTRA & KIMM, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-8000
OWNER: EASEMENT DRAWING ADDRESS:
MAPLE GROVE PLACE, LLC FOR SANITARY SEWER EASEMENT 3169 WACO PLACE
FOR THE CITY OF WAUKEE, IA WAUKEE, IA 50263
BOOK 2015 PAGE 12509
PARCEL ID:
1603300014 -� -
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75.58'
L2
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87.06'
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220.70'
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881.95'
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178.33'
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151.38'
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TEMPORARY EASEMENT
0/0 0
20.0
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92,074 SQUARE FEET
CONSTRUC
PARCEL 8 IN
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DATE
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