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Home My WebLink About2017-02-06-J01Q South Outfall Sewer Easement_Sewer ROW_LeValley►1 4 V/aukee 'V A . I ,alp ]HE 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 South Outfall Sanitary Sewer Project. [Joseph D. LeValley and Jane LeValley] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is required for the construction of the South Outfall Sanitary Sewer Project. FISCAL IMPACT INCLUDING COSTIBENEFIT ANALYSIS: $3,424.33 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 RIGHT-OF-WAY EASEMENT RELATED TO THE SOUTH OUTFALL SANITARY SEWER PROJECT [JOSEPH D. AND JANE LEVALLEY] 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 Right -of -Way 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 Joseph D. and Jane LeValley and legally described as referenced in Exhibit A, Easement Area, of the Sanitary Sewer Right -of -Way 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 Right -of -Way Easement related to the South Outfall Sanitary Sewer Project [Joseph D. and Jane LeValley] in the amount of $3,424.33. 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: Forrest Aldrich, Veenstra & Kimm, Inc. (515) 225-8000 Return to: Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, IA 50266-1320 South Outfall Sewer/WRA Waukee Outl'all, Phase 28 Location: Along Sugar Creek North of Ashworth Road in the Glynn Village Plat 8 and 10 Subdivisions PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY Joseph D. LeValley and Jane LeValley (husband and wife) (hereinafter referred to as the "Grantor"), in consideration of the sum of Three Thousand Four Hundred Twenty-four and 33/100 Dollars ($3,424.33) to be paid by the City of Waukee, Iowa, does/do hereby convey unto the City of Waukee, Iowa, a municipal corporation organized under the Iowa Code (hereinafter referred to as the "City") a Permanent Easement for Sanitary Sewer Right -of -Way under, over, through and across the following described property: A permanent easement for sanitary sewer right-of-way located in Parcel "A" of the Northeast 1/4 of the Northwest 1/4 of Section 8, Township 78 North, Range 26 West of the 5", P.M., Dallas County, Iowa, as shown in Book 7 on Page 195 in the Dallas County Recorder's Office. Said permanent easement for sanitary sewer right-of-way being a strip 30.00 feet in width lying 15.00 feet on each side of the following described line: Commencing at the Northeast corner of said Parcel "A'; thence South 83*21'42" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone as broadcast by the Iowa Real Time Network), 63.86 feet along the North line of said Parcel "A" to the point of beginning, thence South 26°22'47" East, 130.52 feet; thence South 18'14'50" East, 15.61 feet to the East line of said Parcel "A". The sidelines of said strip to be shortened or lengthened to terminate at the North and East lines of said Parcel "A". Containing 4,424 square feet, more or less. Which property is also described and depicted on the plat attached hereto as Exhibit PE-15. (hereinafter referred to as the "Easement Area") for all activities related to the purpose of the City constructing, reconstructing, repairing, enlarging and maintaining a sanitary sewer, together with the necessary appurtenances thereto, under, over and through said Easement Area. This Easement shall be subject to the following terms and conditions: ERECTION OF STRUCTURES PROHIBITED. Grantor shall not erect any structure over or within the Easement Area without obtaining the prior written approval of the City. 1112/16: Page I of 4 2. PLANTINGS. The planting of trees and shrubs is prohibited within the Easement Area. 3. CHANGE OF GRADE PROHIBITED. Grantor shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 4. RIGHT OF ACCESS. The City, its agents, contractors, employees and assigns 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. This Easement further allows the City, its agents, contractors, employees and assigns the right to enter in, upon and onto the Easement Area at any time to perform any and all activities related to or necessary for the construction, reconstruction, repair, enlargement or maintenance of the sanitary sewer, including but not limited to the following activities: (1) grading and excavation; (2) hauling, transporting and storage of materials and equipment; (3) removal of any unauthorized plantings or structures placed or erected within the Easement Area; (4) trimming and/or removal of trees, shrubs, and landscaping within or encroaching upon the Easement Area; and (5) 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. This right of access shall begin on the date that Grantor executes this document. 5. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's successors and assigns. 6. APPROVAL BY CITY COUNCIL. This Easement shall not be binding until it has received final approval and acceptance by the City Council of the City of Waukee by Resolution, which approval and acceptance shall be noted on this Easement. SPECIAL PROVISIONS. Nothing herein prevents the assignment or conveyance of this Easement to the WRA, as the City intends to assign or quit claim all its interest in the Easement Area to the WRA upon completion of the construction of the project and acceptance of the project by the WRA in accordance with the Chapter 28E Agreement between the City of Waukee, Iowa and the Des Moines Metropolitan Wastewater Reclamation Authority for the Financing, Design and Construction of the Waukee Interceptor Sewer to Connect Waukee to the WRA Conveyance System. 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. Grantor does hereby covenant with the City that Grantor holds said real estate described in this Easement 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 premises 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. 11121,16 Page 2 of 4 Words and phrases herein including acknowledgment hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Signed this b7t day of , 20 1-7 . Josefr D. LeValley Jane LeVal ley DONATION (OPTIONAL) It is the understanding of the Grantor that, although the City will provide compensation for the granting of this property, it is the Grantor's wish to donate this permanent easement and not receive said compensation, and Grantor waives any and all rights to compensation. Acknowledgement State of = W R ) County of J?D ( );:�— ) ss. On this ++day of ALI\vtcz (— 20before me, Notary Public, personally appeared 2 tj and �. cxz i 11 9� I e U (signatory name), to me kno n to be the person named i and who executed the foregoing inst,rme7t, and acknowledged that �OEiepK 0 Le t�(-eq and J aUC�(l� to executed the same as his/her their voluntary act and d . Notary Public in the state of--T:d Lock- Page 3 of 4 APPROVED AS TO FORM: Attorney for the City of Waukee, Iowa City Approval and Acceptance: 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 Page 4 Of 4 EASEMENT DRAWING DWNER: OVVNER D. LeVALLEY OF PERPETUAL SANITARY SEWER EASEMENT ADDRESS: JOSEPH JANE LeVALLEY BEING CONVEYED TO THE WRA 32166 UTE AVENUE WAUKEE, IA 50263 BOOK 2000 PAGE 12591 PARCEL ID: P.O.C. 1608100014 N 1/4 CORNEH� SEC B-7B-26 FNO:CUT"X" —��—� A HS WORT-- - — —_ CG 41 4 \\ QPQOQ �,1 nP.O.0 v . \� 0�?' NE CORNER ,)QJ PARCEL "A" FNO'. 5/8'REB44 W5 SOUTHWEST N \ 4.57' SECTION LINE 7 NW COPNER S63'21, 42',W(M) 8797.95',(R) — PARCEL A W (R) 797 07 (R) FN0:5/8 REBAR 582'55' OB W (R) 506.03' (R) W/YELLOW CAPs7844 \ 582'57 27, 505. 19 (14) 63, BE' (Ml P291.70lM) — — P.O.B.— — 291.04— SW CORNER PARCEL 526'22' 47"E (M) FN0:3/4 PIPE W/YELLOW CAPif2971 130.52'(M) _ — — J LEGEND A FOUND SECTION CORNER • FOUND PROPERTY CORNER (M) "AS MEASURED OR BEARING (R) "AS RECORDED OR BEARING DISTANCE DISTANCE S18'14' 50"E (M) p� 15.61' (M) G�'Q�tiO 0 rypRTH LINE PA ,B._I GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE EMENT 0 150 300 covey ing document ty work was . ¢:rsonal .;ceased Land `. s ,te of Iowa. �`1 a000y d. Date w Wadd ]eno 19960 ` VE 30 WEST DES EXHIBIT wwV .00, nmm 15. 00�=— 'H OUTFALL EXTENSION 1320 PE-15 : EASEMENT DRAWING OWNER: O. LeVALLEY OF PERPETUAL SANITARY SEWER EASEMENT ADDRESS: JOSEPH JANE LeVALLEY BEING CONVEYED TO THE WRA 32166 UTE AVENUE WAUKEE. IA 50263 BOOK 2000 PAGE 12591 PARCEL ID: 1608100014 LEGAL DESCRIPTION A perpetual sanitary sewer easement located in Parcel "A" of the Northeast 1/4 of the Northwest 1/4 of Section 8, Township 78 North, Range 26 West of the 5th P.M.. Dallas County, Iowa, as shown in Book 7 on Page 195 in the Dallas County Recorder's Office. 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 Northeast corner of said Parcel "A"; thence South 83°21'42" West fall bearings referenced to Grid North Iowa State Plane Coordinate System South Zone as broadcast by the Iowa Real Time Network), 63.86 feet along the North line of said Parcel "A" to the point of beginning; thence South 26°22'47" East, 130.52 feet; thence South 18 14'50" East, 15.61 feet to the East line of said Parcel "A". The sidelines of said strip to be shortened or lengthened to terminate at the North and East lines of said Parcel "A". Containing 4.424 square feet, more or less. SOUTH OUTFALL WEST DES MOINES. IOWA 50256-1320 (EXHIBIT P E - 15 SHEET 2 OF 2