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Home My WebLink About2017-02-06-J01U South Outfall Sewer Easement_Sewer ROW_K2KBM►1► Waukee • WI 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. (K2KBM Investments, LLC) 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: $20,845.57 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson ) /I PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA I:i�Y�77[f I1�1 [�7►ffi� APPROVING SANITARY SEWER RIGHT-OF-WAY EASEMENT RELATED TO THE SOUTH OUTFALL SANITARY SEWER PROJECT [K2KBM INVESTMENTS, LLC] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE, 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 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 K2KBM Investments, LLC 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 [K2KBM Investments, LLC] in the amount of $20,845.57. 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 Project: South Outfall Sewer/WRA Waukee Outrall, Phase 28 Project 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 K2KBM Investments, L.L.C. (hereinafter referred to as the "Grantor"), in consideration of the sum of _Twenty Thousand Eight Hundred Forty-five and 57/100 Dollars ($20.845.57) to be paid by the City of Waukee, Iowa, does/do hereby convey unto the City of Waukee, Iowa, a municipal corporation organized tinder 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 2, Gopher Hollow, an Official Plat in Dallas County, Iowa. Said perpetual easement being a strip 40.00 feet in width lying 20.00 feet on each side of the following described line: Commencing at the Southwest corner of said Lot 2; thence North 00°13'32" East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone as broadcast by the Iowa Real Time Network), a distance of 610.00 feet along the West line of said Lot 2 to the point of beginning; thence South 18'14'50" East, 147.96 feet; thence South 01'02'51" West, 464.89 feet to the South line of said Lot 2. The sidelines of said strip to be shortened or lengthened to terminate at the South and West lines of said Lot 2. Containing 24,514 square feet, more or less. Which property is also described and depicted on the plat attached hereto as Exhibit PE-14. (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. 2. 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..16 Pace I 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 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. 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 4 Signed this _� day of r/4�ao�., 20LZ. K2KBM INVESTMENTS, L.L.C. 6, &, 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 in,, n ) County of fir, item S ) ss. On this .,,' h day of _ i 2 n, fnr , , 20 i-4, before me, a Notary Public, in and for said State and county, personally appe red J` m-cj i, rnh y\ (signatory name), to me personally known, who being by me duly sworn or affirmed, did say that that person is 19 (official title) of said ^:`1 PSI- S (limited liability company) and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Pa v+A a,I � ti (signatory name) acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. �— Not,ry Signature o>4'a,s KATHRYN E. PURVIS Commission Number 794513 9 My Commission Expires ` °p" February 10, 2019 Notary Public in the state of frfi41L1� Page 3 of 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: OYME OF PERPETUAL SANITARY SEWER EASEMENT BEING CONVEYED TO THE WRA INVESTMENTS, L.L.C. BOOK 2017 PAGE 419 P, 0. C. PARCEL ID: N III CORNER 1608201004 SEC 8-78-26 FNO: CUT" X . PARCEL 17-32 O 8K2016 P04197 y 616 SB3.20 ,27 ;W (M)'� cn 5B3'21 53 W(% Ow> BE CORNER o I 230.¢5,(M1 231.00 j(l 0 PARCEL C 3 FNO: 5/0'REBAR m I SW CORNER W/YELLOW CAPf7644 a SOUTHWEST (\ O J FNOC3/4CPIPE 4.57' H CAPf12971 SECTION LINE 2 J \ W/YELLOW O z z��1 oo wLu P.O.B. ww a n1 0_ m m rh a s •�Y)l9. O� ou p�0 P . _ o0 00.00. ao 2p.0p OAIF/1 O�Q01 h1 vO f— .w.w QP�'� ,ter`. Cb as O 1 0 �a mm o 7/ W ~ a3 tL a �✓ o CZi P —_--�— IIy/ o a l O I— rri I Th m 7 a i rn th I--1— £ W <z) = J m 0 a P.O.C. i SEOTCZPNEP o SW CORNER I LOT 2, GOPHER HOLLOW pjYELLOW CAPf7844 LEGEND Ao.50' (WI ♦ FOUND SECTION CORNER 583*22,SS.W DO 503'22 5B W(R) lW6P) • FOUND 1/2"REBAR 231.00 W/ORANGE CAP#13286 GRID NORTH UNLESS OTHERWISE NOTED IOWA STATE PLANE (M) "AS MEASURED" DISTANCE COORDINATE SYSTEM SOUTH ZONE OR BEARING _ (R) "AS RECORDED" DISTANCE OR BEARING RM PERPETUAL EASEMENT 0 150 300 24,514 SOFT. SOUTH OUTFALL EXTENSION I hereby certify that this Iand surveying document was prepared and the re la tetl survey Bork vas VEENSTRA 6 KIMM. INC. 3000 WESTDWN PARKWAY Performed by me or under my direct personal - supe ryi Sion and that I am a duly licensed Land S Surveyor Bmhhy d. WEST DES MOINES. IOWA 50265-1320 515-225-B000 under the laws of the State of Iowa. Signed Date MadryaM leno 19960 .� PE- 14 �1,Pd�o EXHIBIT Bobby P.L.S. WA 'C'""tlaleno, Iowa License No. 19960 1 My license renewal tlate is December 31. 2017 SHEET 1 OF 2 REV/8 a Drawin s covered b this seal: Sheet 1 Of 2 antl Sheet 2 of 2 Y EASEMENT DRAWING OWNER: OWNE OF PERPETUAL SANITARY SEWER EASEMENT INVESTMENTS, L.L.C. BEING CONVEYED TO THE WRA BOOK 2017 PAGE 419 PARCEL ID: 1608201004 LEGAL DESCRIPTION A perpetual sanitary sewer easement located in Lot 2, Gopher Hollow, an Official Plat in Dallas County, Iowa. Said perpetual easement being a strip 40.00 feet in width lying 20.00 feet on each side of the following described line: Commencing at the Southwest corner of said Lot 2: thence North 00"13'32" East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone as broadcast by the Iowa Real Time Network), a distance of 610.00 feet along the West line of w said Lot 2 to the point of beginning: thence South 18*14'50" East. 147.96 feet: thence South 01°02'51" West. 464.89 feet to the South line of said Lot 2. The sidelines of said strip to be shortened or lengthened to terminate at the South and West lines of said a Lot 2. W o Containing 24.514 square feet, more or less. m ¢ a z m 0 Y V _W V n z s a 0 SOUTH OUTFALL EXTENSION VEENSTRA 6 KIMM.INC. 3000 WESTOWN PARKWAY WEST OES MOINES. IOWA 50266-1320 515-225-B000 EXHIBIT P E - 14 Rev/By SHEET 2 OF 2