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Home My WebLink About2017-03-20-J01H Fox Creek Trunk Sewer Phase 3 Easement_Ashworth Properties1Waukee •T■1i THE KEY TO GOOD LIVING RX0MIaU7:Ill!00:10VI CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 20, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Sanitary Sewer Easement related to the Fox Creek Trunk Sewer, Phase 3, Project (Ashworth Properties, Inc.) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easejnent is required for the Fox Creek Trunk Sewer Phase 3 Project. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $1.00 COMMISSIONBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATI NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING SANITARY SEWER EASEMENT RELATED TO THE FOX CREEK TRUNK SEWER PHASE 3 PROJECT [ASHWORTH PROPERTIES, INC.] IN THE NAME AND BY THE A UTHORITY 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 Sanitary Sewer Easement is necessary for the purpose of construction of the Fox Creek Trunk Sewer Phase 3 Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by Ashworth Properties, Inc. and legally described as referenced in Exhibit A, Easement Area, of the Sanitary Sewer 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 Easement related to the Fox Creek Trunk Sewer Phase 3 Project [Ashworth Properties, Inc.] in the amount of $1.00. 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 PLm%ydby and Retum to: Travis 7 Paul Vomstra & Kimm. Inc 3000 Westow Phrv. West Des Moines Iowa 50266 (515) 225-Soon SANITARY SEWER EASEMENT(S) KNOW TO ALL MIEN BY THESE PRESENT'S: Grant of Easementls). The undersigned, Ashworth Properties, Inc.. (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of One and 00/100 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the City of Waukee, Iowa, a municipal Corporation (hereinafter referred to as "the City"), a permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer Easement" or "Easement(s)") and right-of-way upon, over, under, through and across the real property legally described as: Perpetual Easement A perpetual sanitary sewer easement located in Outlot Z, Ashworth North Plat 1, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa. Said perpetual easement being more particularly described as follows: Commencing at the Northeast comer of said Outlet Z; thence South 00°28'33" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 1,289.96 feet along the East line of said Outlet Z to the point of beginning; thence continuing South 00e28'33" West, 30.23 feet along said East line; thence South 83°2327" West, 55.42 feet; thence North 00128'33" East, 30.23 feet; thence North 83e23'27" East, 55.42 feet to the point of beginning. Containing 1,663 square feet, more or less. Page I of 5 Temporary Easement A temporary construction easement located in Outlot Z, Ashworth North Plat 1, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa. Said temporary easement being more particularly described as follows: Commencing at the Northeast corner of said Outlot Z; thence South 00028'33" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 1,249.65 feet along the East line of said Outlot Z to the point of beginning; thence continuing South 00°28'33" West, 40.31 feet along said East line; thence South 83123127" West, 55.42 feet; thence South 00"28'33" West, 30.23 feet; thence North 83°23'27" East, 55.42 feet to said East line of Outlot Z; thence South 00"28'33" West, 5.04 feet along said East line; thence South 8323'27" West, 60.46 feet; thence North 00128'33" East, 75.58 feet; thence North 83123'27" East, 60.46 feet to the point of beginning. Containing 2,872 square feet, more or less. 2. Use and PurooseofEasememfsl. This Easement shall be granted for the purpose of locating sanitary sewer(s) (hereinafter referred to as "Sewer(s)") and to permit and allow the city to enter at any time upon, over, under, through, and across into said Easement(s) herein described to use as much of the surface and sub -surface thereof to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair (including the right to place and build additional Sewer(s) therein or to connect and/or join Sewer(s) and appurtenances thereto) and to forever maintain Sewer(s) whenever necessary within the Easement(s) granted herein. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 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. Maintenance. After the initial construction of the Sewer(s), and acceptance by the City, the City agrees, as part of the reconstruction, maintenance and patrolling of the Sewer(s), to restore and replace the Easement area(s) to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor(s), except the City shall not be required to replace landscaping, trees, shrubs, bushes, landscape elements, structures, or underground water systems nor shall the City be required to restore the Easement area by reason of settlement, depression, or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area; any subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor(s) at the Grantor(s)' sole expense. Page 2 of 5 4. Right of Access The City 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, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area S. Running of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Grantor including, but not limited to, future owners, developers, lessees or occupants. All provisions of this instrument, including benefits and burdens, run with the land and are binding upon and inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. 6. Jurisdiction and Venue. The City and the Grantor(s) agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County, Iowa 7. Words and Phrases. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. 8. Parties, The term "City" as used herein shall refer to the City of Waukee, Iowa, its elected officials, agents, employees, officers, and contractors. The term "Grantor(s)" shall refer to Stephen D. Lombardi and Barbara A. Lombardi, their heirs, assigns, successors -in -interest, or lessees, if any, 9. Integration. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 10. Paragraph Headings. The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with, the interpretation of this Agreement. Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easement Area 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 Easement Area against the lawful claims of all persons whomsoever. Page 3 of 5 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 acknowledgement hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated this �— day of / ` 20_a_, Ashworth Properties. Inc. Attest: STATE OF IOWA ) ) SS: COUNTY OF DALLAS ) Citv of Waukee William F. Peard, Mayor Attest: Tim Moerman, City Administrator On the 60 day of _ l "4 , 20 (-7 , before me, the undersigned, a Notary Public in and for the State of personally appeared and Df%'LV}- /[ to me known, who, being sworn, did say that they are the V and Gt'e/wl CDwt54� _ respectively, of the corporation executing the foregoing instrument; that (no seal has been procured by) a corporation; that said instrument was signed sealed) on behalf of the corporation by authority of this Board of Directors; that and $ u acknowledged the execution & the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. ,pt ty KELLYDOLINAR Commission Number 76r366 My commission Expires '0 L' q 6jbaqLLWA NotaryTublic in and for the State of Iowa Page 4 of 5 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this day of , 20,_,_J before me, the undersigned, a Notary Public in and for said County and State personally appeared William Peard and Tim Moorman, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Administrator of the City of Waukee, Iowa, a municipal corporation, executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Page 5 of 5 PREPARED BY: VEENSTRA 6 KIMM, INC. - 3000 WESTOWN PAMWAY - WEST DES MOINES, IOWA 50266-1320 - W5) 225-8000 owMFil: EASEMENT DRAWING ASHWORTH FOR SANITARY SEWER EASEMENT PROPERTIES, INC. FOR THE CITY OF WAUKEE, IA BOOK 2016 PAGE 15144 PAROM ID: 1604427001 P. O, C. NE CORNER OUTLOT Z FND: 1/2'REBAR Q _ mm 3� NN m rn mm j A Nm 1�A N ) oI i¢a N .� , NE CORNER P m~ Iin on SW 1//4 SW 1/4 m� m FNU:3/A"PIPE P.O.B, mmm EVNN 000 i tnow 11� S63.23',27•W(M) 993.37' As 563.23 33 W (B NW CORNER SW 1/4 SW 114 SEC 3-78-26 FND:1/2'REBAR W/YELLOW CAP/15268 ♦ FOUND SECTION CORNER UH1U NUHIH • FOUND PROPERTY PIN COORDINATE SYSTEM SOUTH ZONE (M) "AS MEASURED" DISTANCE OR BEARING (R) 'AS RECORDED" DISTANCE OR BEARING LINE BEARING DISTANCE Li SOO'2833"W 3023' L2 S83'2327W 55,42' L3 NDO'28'33'E 3023' L4 N B3.2327E 55.42' (P) 'AS PLATTED" DISTANCE OR BEARING PERPETUAL EASEMENT 0 100 200 1.663 SQUARE FEET rev t oe.�o-�r omecreo poc to rm mioe:ux ¢"■ I. -IN' DNS. NO. �. SANITARY SEWER EASEMENT IN Rev 1 OUTLOT Z, ASHWORTH NORTH PLAT 1 wrc 41-14-17 Vt$VS'IRA k CIMM, INC f000WAwwiMrvy w.rw.w�..n�. eaim 1 OF 2 .. c. srsassaao • nsus7e4e?.4U I�o..^IIiU ,WA79 mo ec. cm4en PREPARED BY: VEENSTRA 6 KINW, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES. IOWA 50266-1320 - (515) 225-8000 ovmm: EASEMENT DRAWING ASHWORTH FOR SANITARY SEWER EASEMENT PROPERTIES, INC. FOR THE CITY OF WAUKEE. IA BOOK 2016 PAGE 15144 PARCEL ID: 1604427001 P.O.C. NE CORNER OUTLDT Z MCC 3� mm min my my m I mrn mm O I m I iffn. 333 mon mmm aOQ�� • FOUND SECTION CORNER • FOUND PROPERTY PIN (M) 'AS MEASURED' DISTANCE OR BEARING (A) 'AS RECORDED' DISTANCE OR BEARING N v 5u oaoo 0a omm N�1 P� �'Q V1 9 I Q 5 SB3.23' 27 _W IW) 583.23 33 WlR) CORNER 114 SW 1/4 3-78-25 r1/2'REBAR ELLOW #15268 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE (P) 'AS PLATTED' DISTANCE 1'=100' OR BEARING ® 2E672RSOUARESFE` EENT 0 100 200 LINE BEARING DISTANCE Li 600'28'33'W 40.31' L2 S832327W 55.42' L3 S0028'33"W 30.23' L4 N832327E 55.42' L5 SOD 26M'M 5.04' 16 SB32327"W 50.46' L7 N00'28'33"E 75.58' LS N832327E BOAS' sue T� CONSTRUCTION EASEMENT IN Leo aH — - - OUTLOT Z, ASHWORTH NORTH PLAT i Vamm & am/^/ INC a000WwniM*n H++a.�.r�.mns�em Slu2sa000 S7.N25�+N16AV eow�H000rwnis E-6 OF 2