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Home My WebLink About2017-02-06-J01V South Outfall Sewer Easement_Temp_K2KBMNO V/caukee ` WI 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 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 COSTIBENEFIT ANALYSIS: $3,115.87 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson 6111 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 [K2KBM INVESTMENTS, LLC] 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 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 K2KBM Investments, LLC 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 6ch day of February, 2017, that it hereby approves the Temporary Construction Easement related to the South Outfall Sanitary Sewer Project [K2KBM Investments, LLC] in the amount of $3,115.87. 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. (5 L5)225-8000 Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, IA 50266-1320 Project: Waukee South Outfall Extension Project Location: Along Sugar Creek North of Ashworth Road in the Glynn Village Plat 8 and 10 Subdivisions TEMPORARY EASEMENT FOR CONSTRUCTION K2KBM INVESTMENTS, L.L.C. (hereinafter referred to as the "Grantor"), in consideration of Three Thousand One Hundred Fifteen and 87/100 Dollars ($3,115.87) 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 2, Gopher Hollow, an Official Plat now in Dallas County, Iowa. Said temporary easement being more particularly described as follows: Beginning 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 737.81 feet along the West line of said Lot 2; thence South 18'08'41" East, 275.98 feet; thence South 01`02'51" West, 466.30 feet to the South line of said Lot 2; thence South 83`22'51" West, 80.86 feet along said South line to the point of beginning, EXCEPTING THEREFROM, a perpetual easement as shown on Exhibit PE- 14 sheet I of 2. Containing 26,257 square feet, more or less. Which property is also described and depicted on the plat attached hereto as Exhibit TE-14 1 1.^_2J t o rage I A 4 (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 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: 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. 11 2-,: 16: Paee'_ of 4 3. SPECIAL PROVISIONS. NONE. Signed this a s-� 20�. TK�L INVESTMENTS, L.L.C. Acknowledgement State of County of bo j l US ) ss. On this 22 to day of , 20L1, before me, a Notary Public, in and for said State and county, personally app red R n AKt i IC(r, 4 r (signatory name), to me personally known, who being by me duly sworn or affirmed, did say that that person is p (official title) of said C tc (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 �3.a^rin_Q k. r2-'i\1.1 (signatory name) acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. ------------- Nota Signatu e a„v e� KATHRYN E. PURVIS Commission Number 794513 Notary Public in the state of My Commission FxpireS �• February 10, i019 1 H211 16 IWT 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 EASEMENT DRAWING OWNER: OVVNE OF TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE WRA INVESTMENTS, L.L.C. BOOK 200 PAGE 419 P.O.C. PARCEL ID: N 1/4 CORNER 1608201004 SEC B-78-26 FNO: CUT"X" 0 \\ Q oQ0 SE CORNER—\ 0 PARCELENO C \ 5 5VOF CORNER W/YELLOWCAP47811 EL C\� wELLOW CAPi1297f 4.57 SECTIONSLINE Law WW cna mm 3J3 rz, J G�Q�tiO Qp�1 0 P.O.C. SW CORNER LEGEND LOT 2, GOPHER ♦ FOUND SECTION CORNER HOLLOW • FOUND 5/8"REBAR W/YELLOW CAP44621 UNLESS OTHERWISE NOTED ■ WITNESS CORNER FOUND 5/8"REBAR W/YELLOW CAP#4821 (M) "AS MEASURED" DISTANCE DR BEARING (R) "AS RECORDED" DISTANCE OR BEARING F7i TEMPORARY EASEMENT [" J DF OF7 C!a FT PARCEL 17-32 8K2016 PG4197 583'20 27 _W (MI o 5832f 53 WIRI 230.85, IM) 231.00 a P.O.B. I (_' I 2 J 0 0 0 w V x m m rt' 61 rB. I m � C, I n �I mI J m — 3 r z Q m m m y i ISE CORNER LOT 2 END: 5/8'REBAR APILLOW CAP47844 P800.66, (M) 583'22'51 :W(M) S83 . Al DO. (SR)1 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE Qs prepared and the related survey work was performed by me or under my direct personal super, is ion and that I am a duly licensed Land 0ob0 Surveyor under the laws of the State of Iowa. v �. Signed Date MadNo lend BODhy J. Madtlaleno, P.L.S. SOUTH OUTFALL EXTEh VEENSTRA 6 KIMM. INC. 3000 WESTOWN PARKWAY WEST DES MOINES, IOWA 50266-1320 515-225-6000 EXHIBIT T E - 1 4 SHEET 1 OF 2 EASEMENT DRAWING OWNER. OF TEMPORARY CONSTRUCTION EASEMENT K2KBM BEING CONVEYED TO THE WRA INVESTMENTS, L.L.C. BOOK 2017 PAGE 419 PARCEL ID: 1608201004 LEGAL DESCRIPTION A temporary construction easement located in Lot 2, Gopher Hollow, an Official Plat now in Dallas County. Iowa. Said temporary easement being more particularly described as follows: m Beginning 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 737.81 feet along the West line of said Lot 2; thence South 18'08'41" East, 275.98 feet; thence South w 01°02'51" West, 466.30 feet to the South line of said Lot 2; thence South 83'22'51" West, 80.86 feet along said South line to the point of beginning, EXCEPTING THEREFROM, a perpetual y easement as shown an Exhibit PE- 14 sheet 1 of 2. w Containing 26,257 square feet, more or less. 0 n a a s m m w U W_ U a z a a m SOUTH OUTFALL EXTENSION VEENSTRA 6 KIMM. INC. 3000 WESTOWN PARKWAY WEST DES MOINES. IOWA 50265-1320 515-225-8000 EXHIBIT T E - 1 4 Rev/By SHEET 2 OF 2