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Home My WebLink About2017-02-06-J01R South Outfall Sewer Easement_Temp_RubleNO Woukee 'of W1 P 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 Temporary Construction Easement related to the South Outfal l 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 COST/BENEFIT ANALYSIS: $126.83 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: PREPARED BY: Easement Beth Richardson REVIEWED BY: John Gibson // PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA rawlifIX111 I[IMf E APPROVING TEMPORARY CONSTRUCTION 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 WA UKEE, 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 Temporary Construction 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 Temporary Construction 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 Temporary Construction Easement related to the South Outfall Sanitary Sewer Project [Joseph D. and Jane LeValley] in the amount of $126.83. Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon William F. Peard, Mayor AYE NAY ABSENT ABSTAIN Prepared by: Forrest Aldrich, Veenstra & Kimm, Inc. (515)225-8000 Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, IA 50266-1320 Waukee South Outfall Extension Location: Along Sugar Creek North of Ashworth Road in the Glynn Village Plat 8 and 10 Subdivisions TEMPORARY EASEMENT FOR CONSTRUCTION Joseph D. LeVallev and Jane LeVallev (husband and wife) (hereinafter referred to as the "Grantor"), in consideration of One Hundred Twenty-six and 83/100 Dollars ($126 83) to be paid by the City of Waukee, Iowa (hereinafter referred to as the "City"), does/do hereby convey unto the City of Waukee, Iowa, a municipal corporation organized under the laws of the State of Iowa, a Temporary Easement for Construction under, over, through and across the following described property: A temporary construction 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 511i P.M., Dallas County, Iowa, as shown in Book 7 on Page 195 in the Dallas Comity Recorder's Office. Said temporary easement being more particularly described as follows: Beginning at the Northeast corner of said Parcel "A'; thence South 00°13'32" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone as broadcast by the Iowa Real Time Network), 218.04 feet along the East line of said Parcel "A"; thence North 18014'50" West, 88.67 feet; thence North 2622'47" West, 137.72 feet to the North line of said Parcel "A'; thence North 8321'42" East, 90.42 feet along said North line to the point of beginning. Containing 4,499 square feet, more or less. Which property is also described and depicted on the plat attached hereto as Exhibit TE-15. (hereinafter referred to as the "Easement Area"). Said Easement allows the City, its agents, contractors and employees the right to enter in, upon and onto the above described Easement Area for the purpose of any and all construction and reconstruction -related activities, and includes but is not limited to the following: (1) grading and excavation; (2) hauling, transporting and storage of materials and equipment; (3) trimming and/or removal of trees and landscaping within or encroaching upon the Easement Area; (4) 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 I H, 2f 16: Paiec I of 4 encroaching upon the Easement Area; and (5) laying, constructing, maintaining, operating, repairing and removing underground conduit, wires, cables, poles, guys, guy stubs, anchors and other necessary equipment incident thereto (including but not limited to transformers, switchgears, capacitors and other associated surface mounted equipment) during the construction of the Waukee South Outfall Extension project. It is understood that, upon completion of this project, the City shall restore the Easement Area to its original condition as reasonably possible, including but not limited to restoration of lawns by sodding or seeding, replacement of concrete or asphalt driveways removed for grading or access purposes, and replacement of fences or other structures that may be removed or damaged by the City during the course of construction, except that the following items shall not be restored by the City but are instead compensated for the consideration paid for in this Easement by the City as set forth above. (List items below or state "none"). NONE It is further understood that the consideration set forth in this Easement shall constitute full and adequate compensation for damages to the above listed items. It is further understood that the foregoing Easement and release shall be null and void and of no effect whatsoever unless accepted by the City and shall be subject to the following terns and conditions to which the City, upon acceptance of this instrument by the City, shall be deemed and to have stipulated and agreed: I. DURATION. It is understood and agreed that this Easement allowing entry in, upon and onto the Easement Area described shall be in effect beginning on the date that the Grantor signs this document until completion of construction of this improvement above described and the City's performance of its obligation hereunder. This Easement shall be binding on Grantor and on Grantor's successors and assigns during construction of this improvement. 2. REMOVAL OF EQUIPMENT. It is further understood and agreed that the City will remove all of said materials and equipment from the above described premises within 10 days after the above described project has been completed. 3. SPECIAL PROVISIONS. NONE. Signed this l �7}� day of S , 20t-7. Jos D. LeValley 1461 at - Jane LeValley I li'_2 16: Page I of.1 Acknowledgement State of -J--o U County of e a' e-- ) ss. On this 1-7.4 �- day of azV1u.car 20 11 before me, a Notary Public, personally appeared �o5er,� �. �t� 10�.P and ate LeV41 �e�1 (signatory name), to me known to be the person nam 'n and who executed the fo�egomg instrument, and acknowledged that: o s e Va r- and �� 1. e a1 A (t v1 executed the same as his/her/their voluntary act and Veed. Notary signature f-- F; NREH M. LC ',, ---��i-oion Pumbzr1 Notary Public in the state of lid DONATION (OPTIONAL) It is the understanding of the Grantor that, although the City will provide compensation for the granting of this easement, it is the Grantor's wish to donate this temporary easement and not receive said compensation, and Grantor waives any and all rights to compensation. 11/^2'I6:Pflrae'_of 1 ACCEPTANCE BY CITY: 1, , 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 Approved As To Form: Attorney for the City of Waukee, Iowa 11/2"16: Pere : of3 : EASEMENT DRAWING OWNER: D. LeVALLEY OF TEMPORARY CONSTRUCTION EASEMENT ADDRESS: JOSEPH BEING CONVEYED TO THE WRA JANE LeVALLEY 321662166 UTE AVENUE BOOK 2000 PAGE 12591 WAUKEE, IA 5026E PARCEL ID: P.D.C. 1608100014 N 1/4 CORNER SEC 8-78-2fi FND: CUT"X" WORTH ROAD — _---- I —�-- A HS __— 0 FND:1/2"REBAR p \\ 106y CAP#1R3286 I N f ^ pA a I a b \ Pp�Q6 QPtip P.O.B. NE CORNER �`+Qm m PARCEL A" o00 rn C o00 ` FND'. 5Ckp#7844 n.'— �f o.... w w (v ) W/YELLOW CAP87044 SOUTHWEST OF i f y O a Q 4.57 SECTION LINE nwi r £ ££ —NW CORNER" Sol . 47', lM) 42"E (M) 797.95, (R) Q ani w PARCEL A NO3'212'57, 27"E (R) 797.07 (R) � S FND: 5/e REBAR ( CAP#7044 �55 � 00"E (R) 506.0E (R) I (M) w W/YELLOW N82 505. 19' 90. 42' lM) Q w m O F v a n \ O P — SW COPNER N26'22'47"W (M) PARCEL fND: 3/4CPIPE CAP#12971 137.72' (M) W/YELLOW I N18'14'50"W(M) PERPETUAL EASEMENT 88.67' (M) PEHI5ISHEET 1 GF'Qp� 2 5#t 2 ' B^ lBK7 P SGp SO B5) \O ��Y,O NpRTH LINE PARCEL � LEGEND • FOUND SECTION CORNER • FOUND PROPERTY CORNER GRID NORTH IOWA STATE PLANE (M) "A8 MEASURED" DISTANCE COORDINATE SYSTEM SOUTH ZONE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING TEMPORARY EASEMENT 0 150 300 4,499 SO.FT. SOUTH OUTFALL EXTENSION hereby certify that this land surveying document as prepared and the related survey work was by VEENSTRA 6 KIMM. INC. 3000 WESTOWN PARKWAY erformed me or under my direct personal pperyision and that I am a duly licensed Land '� `mil Booby WEST DES MOINES, IOWA 50266-1320 515-225-8000 urveyor under the laws of the State of Iowa. d. 9 ignetl pate LL MadNao Lena g° "960 g T E -15 EXHIBIT obby J. Maddaleno, P.L.S. IDWA SHEET 1 OF 2 owe License No. 19960 y license renewal data is December 31, 2017 ,.winos covered by this seal: Sheet 1 of 2 and Sheet 2 of 2 Rev/By : EASEMENT DRAWING OWNER: D, LeVALLEY OF TEMPORARY CONSTRUCTION EASEMENT ADDRESS: JOSEPH JANE LeVALLEY BEING CONVEYED TO THE WRA 32166 UTE AVENUE WAUKEE, IA 50263 BOOK 2000 PAGE 12591 PARCEL ID: 1608100014 LEGAL DESCRIP17ON A temporary construction easement located in Parcel "A" of the Northeast 1/4 of the Northwest 1/4 of Section B. 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 temporary easement being more particularly described as follows: Beginning at the Northeast corner of said Parcel "A"; thence South 00°13'32" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone as broadcast by the Iowa Real Time Network), 216.04 feet along the East line of said Parcel "A": thence North 18*14'50" West, 66.67 feet; thence North 26°22'47" West, 137.72 feet to the North line of said Parcel "A"; thence North 83'21'42" East, 90.42 feet along said North line to the point of beginning. Containing 4,499 square feet, more or less. EXTENSION WEST (EXHIBIT T E - 15 SHEET 2 OF 2