HomeMy WebLinkAbout2017-02-06-J01S South Outfall Sewer Easement_Sewer ROW_VoorheesVvbukee
V&■' 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 Permanent Sanitary
Sewer Easement related to the South Outfall Sanitary Sewer Project. [Arlene
M. Voorhees Revocable Trust]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The easement is required for the construction of the South
Outfall Sanitary Sewer Project.
FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $32,818.13
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
[ARLENE M. VOORHEES REVOCABLE TRUST]
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 Arlene M.
Voorhees Revocable Trust 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
6"' day of February, 2017, that it hereby approves the Sanitary Sewer Right -of -Way Easement
related to the South Outfall Sanitary Sewer Project [Arlene M. Voorhees Revocable Trust] in the
amount of $32,818.13.
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 Outfall, 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
Arlene M. Voorhees Revocable "Trust (hereinafter referred to as the "Grantor"), in consideration of
the sum of Thirty-two Thousand Eight Hundred Eighteen and 13/t00 Dollars ($32.818.13) 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 perpetual sanitary sewer easement located in Lot I and Lot 2, Sugar Creek Acres, an Official Plat in
Dallas County, Iowa. Said perpetual easement being a strip 30.00 feet in width lying 15.00 feet on each
side of the following described line:
Commencing as a point of reference at the Southeast corner of said Lot 1; thence
South 84°13'46" West (all bearings referenced to Grid North Iowa State Plane
Coordinate System South Zone), 189.70 feet along the South line of said Lot 1 to
the point of beginning; thence North 0200'02" West, 268.88 feet; thence North
20°46'08" East, 419.00 feet; thence North 0115' 18" East, 64.80 feet to a point on
the North line of said Lot 2. The sidelines of said strip to be shortened or
lengthened to terminate at the South line of said Lot 1 and at the North line of said
Lot 1.
Containing 22,578 square feet, more or less,
Which property is also described and depicted on tine plat attached hereto as Exhibit PE-20.
(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.
PLANTINGS. The planting of trees and shrubs is prohibited within the Easement Area.
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.
11'22'18: Pz�ge t of 4
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 two physical connection points to the sanitary sewer for two future
sanitary sewer extensions at no cost to the Grantor(s). The Grantor(s) are hereby granted the
right to connect Grantor(s) existing residence and one future residence on north property to said
connection points at Grantor(s) expense. The connections shall be made by extending the City
provided sewer stubouts, with the same diameter pipe as the sewer stubouts, to standard
manholes. The sewer services extended from the residences shall connect to the manholes or tee
into the sanitary sewer extensions. The sanitary sewer extensions, manhole and sewer services
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.
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.
Page 2 of a
Signed thisSJ day of 120 �'7.
Arlene M. Voorhees Revocable Trust
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 ofo�n� )
County of ��t LfCts ) ss.
On this ,2 6 day of GLy tLu6 l , 20 11 , before me, the undersigned, a Notary Public in
and for said State, personally appear K (signatory name), to me
known to be the identical person named in and who executed the foregoing instrument, and
ack wI dged that the er on, as the fiduciary, executed the instrument as the voluntary act and deed of
the erson an f the Sy
-YrCOURTNET TRULAINE RUSH
ee Commission Number 757292
Notary Sign ure My Commission Expires
�v • <owP March 5, 2018
Notary Public in the state of
Page 3 014
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 20and this certificate is
made pursuant to the authority contained in said Resolution.
City Clerk of the City of Waukee, Iowa
Page 4 Of a
EASEMENT DRAWING
OWNER: OF PERPETUAL SANITARY SEWER EASEMENT
ARLENE M. VOORHEES BEING CONVEYED TO THE WRA ADDRESS:
REVOCABLE TRUST 31342 UTE AVENUE
BOOK 2016 PAGE 9352 WAUKEE. IA 50263
PARCEL ID:
1605326002
1605326001
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NB3'28'20"NO1'15'18"E(M)
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SUGAR
268.88'(M)
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LOT 1
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LEGEND
♦ FOUND SECTION CORNER
• FOUND 3/4"PIPE
W/YELLOW CAP#3169
(M) "AS MEASURED" DISTANCE
OR BEARING
(R) 'AS RECORDED" ❑ISTANCE
OR BEARING
IM PERPETUAL EASEMENT
22,57E SO.FT.
m Date a
p
is December 31, 2017
seal: Sheet 1 of 2 and Sheet 2 of 2 1 Re
46"W (M)
0' (M)
I LOT 5
REV
WEST
EXHIBIT
GRID NORTH
IOWA STATE PLANE
COORDINATE SYSTEM
SOUTH ZONE
SOUTH OUTFALL EXTEN
11-22-16: CHANGED ALIC
CORRECTED LEGAL OESCRI
;TRA 6 KIMM, INC.
WESTOWN PARKWAY
TINES. IOWA 50266-1320
i15-225-8000
PE-20
SHEET 1 OF 2
EASEMENT DRAWING
OWNER: OF PERPETUAL SANITARY SEWER EASEMENT
BEING CONVEYED TO THE WRA
ARLENE M. VOORHEES
REVOCABLE TRUST
BOOK 2016 PAGE 9352
PARCEL ID:
1605326002
1605326001
LEGAL DESCRIPTION
ADDRESS:
31342 UTE AVENUE
WAUKEE, IA 50263
A perpetual sanitary sewer easement located in Lot 1 and Lot 2, Sugar
Creek Acres, an Official Plat in Dallas County, Iowa. Said perpetual
easement being a strip 30.00 feet in width lying 15.00 feet on each
side of the following described line:
Commencing as a point of reference at the
Southeast corner of said Lot 1; thence
South B4°13'46" West (all bearings referenced to
Grid North Iowa State Plane Coordinate System
South Zone), 18g.70 feet along the South line of
said Lot 1 to the point of beginning; thence North
02°00'02" West, 268.88 feet; thence North
20°46'08" East, 419.00 feet; thence North
01*15'18" East, 64.60 feet to a point on the North
line of said Lot 2. The sidelines of said strip to be
shortened or lengthened to terminate at the South
line of said Lot 1 and at the North line of said Lot 1.
Containing 22.578 square feet, more or less.
SOUTH OUTFALL EXTE
REV 1, 11-22-16: CHANGED ALI
REV 2. 01-09-17: CORRECTED LEGAL DESCR
VEENSTRA & KIMM,INC.
3000 WESTOWN PARKWAY.
WEST DES MOINES. IOWA 50265-132(
515-225-8000
EXHIBIT P E - 2 0
SHEET 2 OF 2