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Home My WebLink About2017-02-06-J01L Fox Creek Trunk Sewer 3 Easement_Monson0?TP►V/aukee THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 6, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Permanent Sanitary Sewer Easement related to the Fox Creek Sewer Phase 3 Project. [LeRoy G. Monson] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is required for the construction of the Fox Creek Trunk Sewer Phase 3 Project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $13,481.36 COMMISSIONBOARD/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 [LEROY G. MONSON] 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 LeRoy G. Monson 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 6`h day of February, 2017, that it hereby approves the Sanitary Sewer Easement related to the Fox Creek Trunk Sewer Phase 3 Project [LeRoy G. Monson] in the amount of $13,481.36. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon Prepared by and Return to: Travis J. Paul Veenstra & Kiimn Inc 3000 Wes[own Pkwv 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, LeRoy G. Monson (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of Thirteen Thousand Four Hundred Eighty One and 36/100 Dollars ($13 481 36) 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 part of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 78 North, Range 26 West of the 5"' P.M., Dallas County, Iowa, EXCEPTING the West 60 Rods and except the North 264 feet therefrom. Said perpetual easement being a strip 30.00 feet in width lying 15.00 feet on each side of the following described line: Commencing at the Southeast corner of said Southwest 1/4 of the Southwest 1/4; thence North 00°27'41" East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 445.09 feet along the East line of said Southwest 1/4 of the Southwest 1/4; thence North 89°32' 19" West, 18.50 feet to the West right-of-way line of Waco Place, also known as 98t)' Street, said point being the point of beginning; thence continuing North 89°32'19" West, 25.87 feet; thence North 50030'30" West, 220.00 feet; thence North 12°41'28" West, 360.00 feet; thence North 39°06'01" West, 29.98 feet to a point on the East line of said West 60 Rods. The sidelines of said strip to be shortened or lengthened to terminate at the West right-of-way line of Waco Place and at the East line of the West 60 Rods of said Southwest 1/4 of the Southwest 1/4. Containing 19,075 square feet, more or less. Page I of 6 Temporary Easement A temporary construction easement located in part of the Southwest 1/4 of the Southwest 1/4 of Section 3, Township 78 North, Range 26 West of the 5`h P.M., all in Dallas County, Iowa, EXCEPTING the West 60 Rods and except the North 264 feet therefrom. Said temporary easement being more particularly described as follows: Commencing at the Southeast comer of said Southwest 1/4 of the Southwest 1/4; thence North 00°27'41" East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 420.09 feet along the East line of said Southwest 1/4 of the Southwest 1/4; thence North 89'32' 19" West, 18.50 feet to the West right-of-way line of Waco Place, also known as 98' Street, said point being the point of beginning; thence North 89'32'19" West, 34.73 feet; thence North 50°30'30" West, 237.42 feet; thence North 12°41'28" West, 306.63 feet; thence North 39'10'54" West, 13.89 feet to the East line of said West 60 Rods; thence North 00°28'33" East, 138.06 feet along said East line to the Southwest coiner of the North 264.00 feet of said Southwest 1/4 of the Southwest 1/4, except the West 60 Rods thereof-, thence South 39° 10'54" East, 122.74 feet; thence South 12°41'28" East, 316.23 feet; thence South 50030'30" East, 181.67 feet; thence South 89°32' 19" East, 6.37 feet to said West right-of-way line; thence South 00°27'41" West, 80.00 feet along said West right-of-way line to the point of beginning, EXCEPTING THEREFROM above described perpetual easement. Containing 30,266 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 fi-om 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 6 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 City be 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. Runnine 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 terns 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 6 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 tern "Grantor(s)" shall refer to LeRoy G. Monson and Arlene M. Monson, 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. H. 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 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 6 Dated this day of Q�(},yw-AJ A 20_a_. LeRoy G. Monson and Arlene M. Monson LeRoy . Monson Arlene M. Monson Attest: STATE OF IOWA ) ) SS: COUNTY OF DALLAS ) City of Waukee William F. Peard, Mayor Attest: Moerman, City Administrator On the _._ day of avukfLAAA 20V+, before me, the undersigned, a Notary Public in and for the State of 1nu ra- , personally appeared Lf- Qou M mn`tlrn to me known to be the identical person(s) named in and who executed the foregoing instrument, and acknowledged that (he) (she) (they) executed the instrument as (his) (her) (their) voluntary act and deed. Notary I'Alic in and for the State of Iowa day of Public in and for named in and who executed the executed the instrument as (his) _, 20 , before me, the personally appeared --known to be the identical person(s) acknowledged that (he) (she) (they) voluntary Notary Public in and for the State Page 5 of 6 STATE OF IOWA ) )SS 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 6 of 6 ) PREPARED BY: VEENSTRA 6 KINK, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES. IOWA 50266-1320 - (515) 225-80001 OWNER: EASEMENT DRAWING LEROY G. MONSON FOR SANITARY SEWER EASEMENT ARLENE M. MONSON FOR THE CITY OF WAUKEE, IA BOOK 556 PAGE 424 PAROMID: NE C 1603300008 SW.114I- S I AOORE66: 3181 WACO PLACE WAUKEE, IA 50263 N83'23 27"E lM) 993.37' (M) 993,37' (R) FND:3/4'PIPE �gYtI�U93 N83'23 33 JE (FO --__ — ��_��•—� e.36', NO3'46' 18:E tM1 318.35�, N83.46 24 E (R) 318.35 ( (R ER•-"-- s m _SOUTH l-INE-NORTFi 254'_-- _66.00' RIGHT-OF-WAY5W II J 114 FFND:1/2'REBAR NW68 SEC 3-78-25 P N39'06' OS"W (M) 29.9B'(M) i �'Q0 g•O 0 I 5 I I II nn mm I N12'41'28`W(M) C ,IFI 360.00' (M) Iz) CUM m I 1¢I !; I 131 vQ I 1� y I I WWmo , I ;l yt c 00I I I N50'30'30"W(M) , �y� I 220.00' (M) _i I SW CORNER 1 SW 1/A SW VA SEC 3-78-25 FNO: PK NAIL • FOUND SECTION CORNER • FOUND PROPERTY PIN (M) 'AS MEASURED" DISTANCE OR BEARING (R) "AS RECORDED' DISTANCE OR BEARING IMPERPETUAL EASEMENT 19,075 SQUARE FEET I N89 32 19 W(M) 25.87' (M) j..-- N89'32' M'W (M) 18.50'(M) i a¢ wW -+o vm NN 00 2Z GRID NORTH IOWA STATE PLANE 0 100 200 COORDINATE SYSTEM SOUTH ZONE SANITARY SEWER EASEMENT IN PART OF THE SW 114 SW 114 SECTION 3-78-26 lt!t VEBVSTRA: JUM9 INC- d00O A."W ' won.Ma�13X liSi2Slm0 • SlJ.b VWV /OO.TI/l16M:ay E-2 1 OF 2 PREPARED BY: YEENSTRA 6 KINN• INC. - 3000 NESTOWN PARKWAY - WEST DES MOIN-S. IOWA 50266-1320 - (515) 225-BODO OWNER: EASEMENT DRAWING AaD"Ess: LEROY G. MONSON FOR SANITARY SEWER EASEMENT 31B1 WACO PLACE ARLENE M. MONSON FOR THE CITY OF WAUKEE, IA WAUKEE, IA 50263 BOOK 556 PAGE A24 PARCELm: NE CORNER —\ 1603300008 sw 1/4^sw 114 -0�n mm mm i¢) wwl mil NN i ool 1483'23'33'E lR) 993.— — x m m m N O O N L5 LINE BEARING DISTANCE LS NB9'32'19'W 34.73' L2 N50'30'30'W 237.42' L3 N12*41'28'W 306.63' L4 N39'10'54'W 13.89' L5 N00'28'33'E 136.06' L6 S39'10'54'E 122.74' L7 S12.41'28"E 316.23' LB S50'30'30'E 181. 57' L9 S89'32'19'E 6.37- L10 S00'27'41'W 80.00, zzl I gy�c��G I SW CORNER I SW 114 SW 1/4 SEC 3-78-26 FNM PK NAIL A FOUND SECTION CORNER 0 FOUND PROPERTY PIN (M) 'AS MEASURED' DISTANCE OR BEARING (R) 'AS RECORDED' DISTANCE OR BEARING TEMPORARY EASEMENT ' 30,266 SQUARE FEET cut r-am• . mw un .a FND:3/4'PIPE ��„;_.�._•�— N83'46',1B',E(W; 31B.36 (R) N83'46 24 E (R I I I S_OUT_H LINE_N011T�2B4'_— I - y 56.00' RIGHT-OF-WAY I t I 1 1 n I I I LS N89'32' 19"W (M) 18.50'(M) V!$V M & A7W /NC s, <X CONSTRUCTION EASEMENT IN PART OF THE SW 1/4 SW 1/4 SECTION 3-76-26 soon WYi ftkM • WY Drhftkm .s lw sszsmm . sfsoasasw6.W • sm�s,tsa rs Tv FI . m (� nn �01 .yam mm i¢ ww