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Home My WebLink About2017-06-19-J01zBB NW Area Trunk Sewer Phase 4_Easement_Waukee T AvenueNO Waukee 'T■I1 THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 19, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Sanitary Sewer Easement related to the Northwest Area Trunk Sewer Extension Phase 4 Project (Waukee T Avenue, LLC) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is required for the construction of the force main for the Northwest Area Trunk Sewer Extension Phase 4 Project. FISCAL IMPACT INCLUDING COSTIBENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. Easement PREPARED BY: Beth Richardson/Rudy Koester REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING SANITARY SEWER EASEMENT RELATED TO THE NORTHWEST AREA TRUNK SEWER EXTENSION PHASE 4 PROJECT [WAUKEE T AVENUE, LLC] IN THE NAME AND BY THE AUTHORITY 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 Northwest Area Trunk Sewer Extension Phase 4 Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by Waukee T Avenue, LLC, 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 19`h day of June, 2017, that it hereby approves the Sanitary Sewer Easement related to the Northwest Area Trunk Sewer Extension Phase 4 Project [Waukee T Avenue, LLC] in the amount of $4,329.24. 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 and Return to: I mvk 1. Paul. Vecnstra & Kimm. Inc. 3000 Westown Pkwv. West Des Moi ties, Iowa 5026615151225-8000 SANITARY SEWER EASEMENT(S) KNOW TO ALL MEN BY THESE PRESENTS: Grant of Easement(s). The undersigned, Waukee T Avenue, LLC (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of Four Thousand Three Hundred Twentv-Nine and 24/100 Dollars ($4,329.24) 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 part of the Southwest 1/4 of the Southwest 1/4 of Section 29, Township 79 North, Range 26 West of the 5°i P.M., Dallas County, Iowa. Said perpetual easement being more particularly described as follows: Commencing at the Southwest corner of said Section 29; thence North 00027745" East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 100.17 feet along the West line of said Southwest 1/4 of the Southwest I/4; thence South 89032' 15" East, 40.00 feet to a point on the East right-of-way line of T Avenue, said point being the point of beginning; thence North 00"27'45" East, 31.00 feet along said East line; thence South 89°46'42" East, 67.00 feet; thence South 00°27'45" West, 31.00 feet to the North line of the former Chicago, Milwaukee & St. Paul Railway Company right-of-way; thence North 89°4642" West, 67.00 feet along said North line to the point of beginning. Containing 2,077 square feet, more or less. Page 1 of 5 Temporary Easement A temporary construction easement located in part of the Southwest 1/4 of the Southwest 1/4 of Section 29, Township 79 North, Range 26 West of the 5' P.M., Dallas County, Iowa. Said temporary easement being more particularly described as follows: Commencing at the Southwest corner of said Section 29; thence North 00°27'45" East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 131.17 feet along the West line of said Southwest 1/4 of the Southwest 1/4; thence South 89°32' 15" East, 40.00 feet to a point on the East right-of-way line of T Avenue, said point being the point of beginning; thence North 00°27'45" East, 5.50 feet along said East right-of-way; thence South 89°46'42" East, 15.00 feet; thence North 00°27'45" East. 35.00 feet; thence South 89°46'42" East, 75.00 feet; thence South 00°27'45" West, 71.50 feet to the North line of the former Chicago, Milwaukee & St. Paul Railway Company right-of-way; thence North 89°46'42" West, 23.00 feet along said North line; thence North 00°27145" Bast, 31.00 feet; thence North 89°46'42" West, 67.00 feet to the point of beginning. Containi g 3,833 .quare feet, more or less 2. Use and Purpose of Easement(s). 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 temporary easement shall be for a 12 month period, or until the end of construction, at which time said temporary will cease and terminate. 3. 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 Easeinent.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. 5. Hold Harmless. The Grantor(s) agrees to indemnify and hold harmless the City, its elected officials, employees, officers, agents, representatives, contractors, and attorneys from and against any and all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind for actions or omissions of the Grantor(s) arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6. 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. 7. 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. S. 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. 9. 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 Waukee T Avenue, LLC, their heirs, assigns, successors -in -interest, or lessees, if any. 10. Attorney, 's Fees. The City may enforce this instrument by appropriate action, and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incurred in such litigation. Page 3 of 5 11. IntegTation. 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. 12. Paraeraoh Headincs 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. 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. Page 4 of 5 Dated this day of _Pq , 20— Waukee T Avenue, LLC i City of Waukee William F. Peard, Mayor Attest: Attest: Person and title Tim Moennan, City Administrator STATE OF IOWA ) ) SS: COUNTY OF DALLAS ) On this I' A day of 71V V_( 1 20 0 before me, a Notary Public, in and for said State and county, personally appeared �)UTP (signatory name), to me personally known, who being by me duly sworn or affirmed, did say that that person is 44414 WA 04VINr (official title) of said (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 _ 4*"=---3 0-1 T9 j t /6'W(rNotary Public in and for the State of Iowa STATE OF IOWA } )SS COUNTY OF DALLAS ) On this day of , 20_, before me, the undersigned, a Notary Public in and for said County and State personally appeared William Peard and Tim Moerman, to me personally known, who being by me duty 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 L4 DALLAS COUNTY P.O.S. CONSERVATION BOARD io '32'15'E 10.00'_______ r--589'42'00'W 2,640.52' -- S89'46'42'E 2.542.5B' — S1/4 CORNER P.D.C. —' SECTION 30-79-26 SW CORNER FND:ALUN. DISC SECTION 29-79-26 S1/4 CORNER FND:I'PIPE SECTION 29-79-26 FNO: IDOT CAP HICKMAN ROAD (HIGHWAY 6) 1 =IOU' PREPARED BY: VEENSTRA 6 KINN, INC. - 3000 WESTOWN PARKXAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-B000 OWNER: EASEMENT DRAWING PARDELID: WAUKEE T AVENUE, LLC FOR SANITARY SEWER EASEMENT 1229300004 BOOK 2005 PAGE 2235 FOR THE CITY OF WAUKEE, IA W1/4 CORNER SECTION 29-79-25 i I FND: 5/6-SESAIR 1 I i I � 1 1 1 I 1 i 1 LINE BEARING DISTANCE LS N00'27'45E 31.00• L2 S8r4G'42EF 67.00• L3 SM"2745'WI 3LOW L4 Nfls'-06'42"W 67,OD' I to i 11 1W I I I :LU V i w (q N I 1 I �102 �u I DALLAS COUNTY CONSERVATION BOARD GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE LEGEND ,L FOUND SECTION CORNER 0 1.00 200 PERPETUAL EASEMENT 2,077 SQ.FT. °" SANITARY SEWER EASEMENT IN DWG' No' mw Tm - - SW 114 OF THE SW 114 REV 1 O SECTION 29-79-26 n+re oa-er-n rzt .. Nmee.mmr, aKw aaaesrsm 1 OF 2 �.�.VMMA A MVr @t°! svcazc ra 515sasaa48MW • wwa4ws rwnxu �.k� rmeoa PREPARED BY: VP_ENSTPA F RIK INC. - 3W0 WE5TOWN PARKWAY - EST DES NOINER IOWA 5D266-1320 - (5151 225-8000 oar;ot EASEMENT DRAWING PAr10ELD WAUKEE T AVENUE. LLC FOR SANITARY SEWER EASEMENT 1229300004 BOOK 2005 PACE 2235 FOR THE CITY OF WAUKEE, IA LINE BEARINGS DISTANCE Lf NOO'27'45'E 5.50, L2 S39'46421 15.00' L3 N0O'27'45"E 35.00' L4 S89'46'42E 75.00' L5 BOO'27'45'N 71-90' L5 N89'45'42W 23.00' L7 NOO'27'45'E 31.00' L8 NB9'46'42id 57.00' 1 $ DALLAS COUNTY CONSERVATION BOARO� S89'42'00'W 2,640.52'--- -5114 CORNER P.O.C. SECTION 30-79-26 SW CORNER FND:ALUM. DISC SECTION 29-79-25 FNO: 1'PIPE HICKMAN ROAD 2 DALLAS COUNTY CONSERVATION BOARD ' nn15 E— — — '46'42'E 2.642.58' (HIGHWAY 6) S1/4 CORNER SECTION 29-79-26 FND: ICOT CAP GRID NORTH IOWA STATE PLANE ._t'w COORDINATE SYSTEM LEGEND r`__=._.� SOUTH ZONE FOUND SECTION CORNER 0 i �;00 200 ® TEMPORARY EASEMENT 3.833 SD.FT. �v s as-u-m. � nsxvarxr CONSTRUCTION EASEMENT IN ONG. NO. SW 1/4 OF THE SW 114 REV 1 SECTION 29-79-26 E —rj nam... osos-s; .Rr1as. araenasm+sram 2 OF 2 s. c. 'm * livesskaassaan r sra.:rsax=.<a Rsro . Haase-�xro twsrra mo.m zreaw