HomeMy WebLinkAbout2017-02-06-J01T South Outfall Sewer Easement_Temp_Voorhees► 95 Waukee
'rjrr 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 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 COST/BENEFIT ANALYSIS: $3,224.63
COMMISSIONBOARDICOMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Easement
PREPARED BY: Beth Richardson
REVIEWED BY: Jahn Gibson
'O"11W
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-
APPROVING TEMPORARY CONSTRUCTION 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, 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 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 Arlene M.
Voorhees Revocable Trust 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
6"' day of February, 2017, that it hereby approves the Temporary Construction Easement related
to the South Outfall Sanitary Sewer Project [Arlene M. Voorhees Revocable Trust] in the
amount of $3,224.63.
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
Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, IA 50266-1320
Project Location: Along Sugar Creek North of Ashworth Road in the Glynn Village Plat 8 and 10 Subdivisions
TEMPORARY EASEMENT FOR CONSTRUCTION
Arlene M. Voorhees Revocable Trust (hereinafter referred to as the "Grantor"), in consideration of
Three Thousand Two Hundred Twenty-four and 63/100 Dollars ($3,224.63) 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 Lot I and Lot 2, Sugar Creek Acres, an Official Plat in
Dallas County, Iowa. Said temporary easement being more particularly described as follows:
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), 134.58 feet along the South line of said Lot I to the point of beginning;
thence continuing South 84' 13'46" West, 80.17 feet along said South line; thence North
02°00'02" West, 220.45 feet; thence South 87°59'58" West, 30.00 feet; thence North 02°00'02"
West, 61.07 feet; thence North 20°46'08" East, 420.62 feet; thence North 01'1 Tl8" East, 47.83
feet to a point on the North line of said Lot 2; thence North 83°28'20" East, 80.74 feet along said
North line; thence South 01'15'18" West, 72.52 feet; thence South 20°46'08" West, 418.26 feet;
thence South 02°00'02" East, 44.97 feet; thence North 87°59'58" East, 30.00 feet; thence South
02°00'02" East, 215.18 feet to the point of beginning, EXCEPTING THEREFROM perpetual
easement as shown on Exhibit PE-20 sheet 1 of 2.
Containing 37,458 square feet, more or less.
Which property is also described and depicted on the plat attached hereto as Exhibit TE-20.
(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
11 22 t6- 1eec I al'd
such as electric poles and wires, water lines, sewer lines and natural gas facilities that are within or
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 terms and conditions to
which the City, upon acceptance of this instrument by the City, shall be deemed and to have stipulated
and agreed:
1. 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 Q 5 day of 20
Arlene M. Voorhees Revocable Trust
Acknowledgement
State of ` Tyyyl : )
County of �eU to S ) ss.
On this _2�_ day of )&h,tA(Lyj4 before me, the undersigned, a Notary Public in
and for said State, personally appeare 7 CDV 22 S (signatory name), to me
known to be the identical person named in and who executed the foregoing instrument, and
ack wledged that the person, as the fiduciary, executed the instrument as the voluntary act and deed of
h ier on and o Kthefiiry.
COURTNEY TRUTAINE BUSN
Rotary Srgn t e J,*j
Commission Number 757M
My Commission Ezpres
March 5 2018
Notary Public in the state of qom . _
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.
ACCEPTANCE BY CITY:
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
Approved As To Form:
Attorney for the City of Waukee, Iowa
i 1.1,'. 10 Noe 4 o(d
OWNER:
ARLENE M. VOORHEES
REVOCABLE TRUST
BOOK 2016 PAGE 9352
PARCEL ID:
1605326002
1605326001
EASEMENT DRAWING
OF TEMPORARY CONSTRUCTION EASEMENT
BEING CONVEYED TO THE WRA ADDRESS:
31342 UTE AVENUE
WAUKEE, IA 50263
14
ppVEPNM 5NTf0 �L6
S�C
1 PT NLC, QSA 8A06/4 31.50'(M) LOT 3
5F Nne�nS , /
NB3 .28',20'E lM)lM) 617.5 R) L6 /
N82 44 03 ElR) /
I /
it Q I I
> LOT 2 L5
L9 I LOT 4
f— ACRES
a' ,GAR I CREEK
L4 uo �,I.L]]
12 P j0.6. 11
_ LOT 1 L2 9813435�6 (M)(M)
° 1 LOT 5
u _ 1
S46'; W (M)
o .3131',
50302 W (R)
LEGEND
♦ FOUND SECTION CORNER
• FOUND 3/4"PIPE
W/YELLOW CAP#3169
(M) "AS MEASURED" DISTANCE
OR BEARING
(R) "AS RECORDED" DISTANCE
OR BEARING
® TEMPORARY EASEMENT
37.45E SO FT.
is
.54' (M) 1 P.O.0
.72' (R) I I SE CO
LOT 1
LINE
BEARING
DISTANCE
L1
S84'13'46"W
80.17'
L2
NO2'00'02'W
220.45'
L3
S87'59'58"W
30.D0'
L4
NO2'00'02"W
61.07'
L5
N20'46'08"E
420.62'
L6
N01'15'18"E
47.83'
L7
N83'26'20"E
80.74'
L8
S01'15'18"W
72.52'
L9
520 '4fi'OB"W
416.26'
L10
502 '00'02"E
44.97'
L11
N87'59'58"E
30.00'
L12
S02 '00'02"E
215.18'
WEST
GRID NORTH
IOWA STATE PLANE
COORDINATE SYSTEM
SOUTH ZONE
SOUTH OUTFALL E
EV 1. 11-22-16: CHANGED
EXHIBIT
TE-20
SHEET 1 OF 2
EASEMENT DRAWING
OWNER: OF TEmn MPORARY CONSTRUCTION rr o TRUCTIrONEASEMENT
ARLENE M. VOORHEES
REVOCABLE TRUST
BOOK 2016 PAGE 9352
PARCEL ID:
1605326002
1605326001
ADDRESS:
31342 UTE AVENUE
WAUKEE, IA 50263
LEGAL DESCRIPTION
A temporary construction easement located in Lot 1 and Lot 2, Sugar
Creek Acres, an Official Plat in Dallas County, Iowa. Said temporary
easement being more particularly described as follows:
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), 134.58 feet along the South line of said Lot 1 to
the point of beginning; thence continuing South 84"13'46"
West, 80.17 feet along said South line; thence North 02°00'02"
West, 220.45 feet; thence South B7°59'58" West, 30.00 feet;
thence North 02°00'02" West, 61.07 feet; thence North
20°46'08" East, 420.62 feet; thence North 01*15'18" East.
47.83 feet to a point on the North line of said Lot 2: thence
North 63°28'20" East, 80.74 feet along said North line; thence
South 01°15'18" West, 72.52 feet; thence South 20°46'06"
West, 418.26 feet; thence South 02`00'02" East, 44.97 feet;
thence North 87'59'58" East, 30.00 feet; thence South
02°00'02" East, 215.18 feet to the paint of beginning,
EXCEPTING THEREFROM perpetual easement as shown on
Exhibit PE-20 sheet 1 of 2.
Containing 37.458 square feet, more or less.
WEST
SOUTH OUTFALL E
REV 1, 11-22-16: CHANGED
09-17: CORRECTED LEGAL 0
(EXHIBIT T E - 2 0
SHEET 2 OF 2