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Home My WebLink About2017-02-06-J01M Fox Creek Trunk Sewer 3 Easement_Lombardi►� ►�Woukee "fW1 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 Trunk Sewer Phase 3 Project. [Stephen D. Lombardi and Barbara A. Lombardi] 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: $24,896.10 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 EASEMENT RELATED TO THE FOX CREEK TRUNK SEWER PHASE 3 PROJECT [STEPHEN D. LOMBARDI AND BARBARA A. LOMBARDI] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, 10WA 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 Stephen D. Lombardi and Barbara A. Lombardi 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 61h day of February, 2017, that it hereby approves the Sanitary Sewer Easement related to the Fox Creek Trunk Sewer Phase 3 Project [Stephen D. Lombardi and Barbara A. Lombardi] in the amount of $24,896.10. 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 & Kimm Inc 3000 Westown 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, Stephen D. Lombardi and Barbara A. Lombardi , (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of Twenty Four Thousand Eight Hundred Ninety Six and 10/100 Dollars ($24,896.10) 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 A of the Northwest 1/4 of the Southwest 1/4 of Section 3, Township 78 North, Range 26 West of the 51h P.M., Dallas County, Iowa, as recorded in Book 2009 on Page 18393 in the Dallas County Recorder's Office. Said perpetual easement being more particularly described as follows: Commencing at the Southwest corner of said Parcel A; thence North 83°26'25" East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 421.17 feet along the South line of said Parcel A to the point of beginning; thence North 06°34'00" West, 20.00 feet; thence North 83°26'25" East, 826.37 feet; thence North 00°3 V52" East, 484.75 feet to the North line of said Parcel A; thence North 83°26'28" East, 30.23 feet along said North line; thence South 0091'52" West, 504.90 feet to the South line of said Parcel A; thence South 83 °26'25" West, 854.12 feet along said South line to the point of beginning. Containing 31,650 square feet, more or less. Page I of 6 Temporary Easement A temporary construction easement located in Parcel A of the Northwest 1/4 of the Southwest 1/4 of Section 3, Township 78 North, Range 26 West of the 51h P.M., Dallas County, Iowa, as recorded in Book 2009 on Page 18393 in the Dallas County Recorder's Office. Said temporary easement being more particularly described as follows: Commencing at the Southwest corner of said Parcel A; thence North 83°26'25" East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 411.17 feet along the South line of said Parcel A to the point of beginning; thence North 06°34'00" West, 65.00 feet; thence North 83°26'25" East, 809.28 feet; thence North 00023' 19" East, 439.27 feet to the North line of said Parcel A; thence North 83026'28" East, 80.59 feet along said North line of Parcel A to the West right-of-way line of Waco Place, also known as 98`h Street; thence South 00'23'19" West, 504.75 feet along said West right-of-way line to the South line of said Parcel A; thence South 83°26'25" West, 881.95 feet along said South line to the point of beginning, EXCEPTING THEREFROM above described perpetual easement. Containing 61,076 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. 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 Page 2 of 6 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 Gramor(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. 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. 6. 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. 7. 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. 8. 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 Stephen D. Lombardi and Barbara A. Lombardi, their heirs, assigns, successors -in -interest, or lessees, if any. 9. 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. Page 3 of 6 10. Paraeravh 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 r--f� Dated this �4 day of 20 t t Lombardi Attest: STATE OF IOWA ) QoLK- ) SS: COUNTY OF B ) City of Waukee William F. Peard, Mayor Attest: Tim Moerman, City Administrator On the 25 day of JO�(-I20 11 , before me, the undersigned, a Notary Public in and for the State of Itwtt personally appeared Shi2 t, �) . a 4 f3wf r tt L bmK 1,4to 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) volu t act and deed. TODD A. MILER YA Commission Number 785536 .: less MyCoTin, ion expires Notary Public in and for the State of Iowa On the day of 20 before me, the undersigned, a Notary Public in and for the State of personally appeared 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 Public in and for the State of Iowa 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 PRPAI£D BY: VEQATRA 6 KINN, INC. - 3000 WESTOWN PARNAY - WEST DES WOINES. IOWA 50266-1320 - (515) 225-BOODI OWNER: STEPHEN 0. LOM13ARDI BARBARA A. LOM13ARDI BOOK 2014 PAdE 9235 PARCELD. 1603300013 �p • CflHI.CL H Nm 421.17' lM) mm lhi E? EASEMENT DRAWING Ate: FOR SANITARY SEWER EASEMENT NORTH OF FOR THE CITY OF WAUKEE, IA 3169 WACO PLACE WAUKEE. IA SD263 P�'4Arc5�P11 A N� til L2 5 CIA P� c\il SE CORNER NW 11A SW 1/4 NE CORNER SWN1142SW 1/4 FNO: 3/4'PIPE GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM ♦ FOUND SECTION CORNER SOUTH ZONE • FOUND PROPERTY PIN LINE BEARING I DISTANCE L1 NO6'34'00'W 20.00, L2 NB3'26'25'E 828.37' L3 NOO'31'52'El 484.75' LA N83-26.25-E 30.23' L5 S00731.52•W 504.90' L6 503'28'25'W B54.12' (M) "AS MEASURED' DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE '1"=200' 1OR BEARING " PERPETUAL EASEMENT 0 200 400 31•650 SQUARE FEET ID0 SANITARY SEWER EASEMENT IN OWe: NO. PARCEL A IN NW 114 SW 114 sr .. SECTION 3-78-26 .� E-5 wre u-wn ipdbM ♦b INC d°O° �M`"p • wv a.�erie..amlFum 1 OF 2 •.c. --""-"+ l/bi]6/f.PO !lWIJ�II Q.1� 10061I�I,V �IWip RUEYT [leQn PREPARED BY: YEENSTRA S KI(M, INC. -.3000 WESTOYN PARKWAY - WEST OES NORES, IOWA 50266-1320 - (515) 225-MOO OWNac EASEMENT DRAWING AD `aS" STEPHEN D..LOMBARDI FOR SANITARY SEWER EASEMENT NORTH OF BARBARA A. LOMBARDI FOR THE CITY OF WAUKEE, IA 3169 WACO PLACE WAUKEE. IA 50263 000K 2014 PAGE 9235 PARCELID' 1603.900013 .... Se. --4 1Mj 4 (( Si' CORNER 99( PARCEL A rvm 411.17' gs WW .ti NN PPG�S�l 4�A GYP, lA L2 J NC 5 1�A ( NNSEC43 114 FND: 1/2'REBAR SW CORNER X/YELLOW CORNER CAPt5041 SE 3- r1SW 114 X 1/2 E 1A /SEC 3-76-26 5W 1/4 1/4 FNO: i/2'REBAp FN0: 3/4-PIPE rSB3.46'�Dew ♦ FOUND SECTION CORNER • FOUND PROPERTY PIN (M) "A5 MEASURED' DISTANCE OR BEARING (R) 'AS RECORDED' DISTANCE OR BEARING ® 61,0776ARY SQUAREEMENT FEET sue ram LMIN TJ -- - O®AID LINE BEARING DISTANCE LS N06'34'00'X 55.00' L2 N83-26.'25'E 809.28' L3 N00'23'19'E 439.27' L4 NBS-26-25-E 80.59' L5 S00'23'19'N 504.75' L6 583'26'.25'N 081.95' CONSTRUCTION EASEMENT IN "" PARCEL A IN NW 1/4 SW 1/4 SECTION 3-78-26 E — 5 . 5 'P0° VE61B7fA f L/A/M� INC-w - ftbm ' S/!alsa0m 151 lywr" • �MATS