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Home My WebLink About2017-07-10-J01W NW Area Trunk Sewer Phase 4 Easement_Leach Family Farms►�►� Waukee `l.l r 7HE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 10, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Sanitary Sewer Easements related to the Northwest Area Trunk Sewer Extension Phase 4 Project (Leach Family Farms, Inc.) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is required for the construction of the gravity sanitary sewer main for the Northwest Area Trunk Sewer Extension Phase 4 Project. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $36,393.93 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson/Rudy Koester rF)�- REVIEWED BY: John Gibson --K PUBLIC NOTICE INFORMATION- ` NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING SANITARY SEWER EASEMENT(S) RELATED TO THE NORTHWEST AREA TRUNK SEWER EXTENSION PHASE 4 PROJECT [LEACH FAMILY FARMS, 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 Northwest Area Trunk Sewer Extension Phase 4 Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by Leach Family Farms, Inc., and legally described as referenced in Exhibit A, Easement Area, of the Sanitary Sewer Easement(s) which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this I01h day of July, 2017, that it hereby approves the Sanitary Sewer Easement(s) related to the Northwest Area Trunk Sewer Extension Phase 4 Project [Leach Family Farms, Inc.] in the amount of $36,393.93. 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 Prepared by and Return to: Travis J. Paul. Veenstra & Kimm. Inc.. 3000 Westown Pkwv West Des Moines, Iowa 50266 (515) 225-8000 SANITARY SEWER EASEMENT(S) KNOW TO ALL MEN BY THESE PRESENTS: Grant of Easement(s). The undersigned, Leach Family Farms, Inc., (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of Thirty -Six Thousand Three Hundred Ninety -Three and 93/100 Dollars ($36,393.93) 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 Northwest 1/4 and in part of the Northwest 1/4 of the Southwest 1/4 of Section 32, Township 79 North, Range 26 West of the 5t" P.M., Dallas County, Iowa. Said perpetual easement being a strip 30.00 feet in width lying 15.00 feet on each side of the following described line: Commencing at the Northwest corner of said Section 32; thence South 89°46'42" East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 91.00 feet along the North line of said Northwest 1/4; thence South 00°13' 18" West, 207.93 feet to a point on the South right-of-way line of Hickman Road (Highway 6), said point being the point of beginning; thence South 00°29'49" West, 2,430.21 feet to a point on the North line of said Northwest 1/4 of the Southwest 1/4; thence South 89°38'48" East, 465.00 feet along said North line; thence South 48°44'37" East, 999.22 feet to the East line of said Northwest 1/4 of the Southwest 1/4. The sidelines of said strip to be shortened or lengthened to terminate at the South right-of-way line of Hickman Road (Highway 6) and at the East line of the Northwest 1/4 of the Southwest 1/4. Containing 116,832 square feet, more or less. Page I of 5 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. 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. 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. 8. 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 Leach Familv Farms, Inc., their heirs, assigns, successors -in -interest, or lessees, if any. Page 3 of 5 Dated this J day of Leach Familv Farms, Inc. Attest: 20 t 7 . City of Waukee William F. Peard, Mayor Attest: Person and title Tim Moerman. City Administrator STATE OF = 1 ` ) `mac `c`,'oE_ COUNTY OF DA S ) On this 1 � _ day of __ �, v�-t - 20-LI , before me, the undersigned, a Notary Public in and for said county and state, personally appeared �arci ee CLG✓_ to me personally known, who, being by me duly sworn, did state that they are the _ ___, of said corporation; that no seal has been procured by the said corporation: that said instrument was signed Oil behalf of said corporation by authority of its Board of Directors; and that said as such officer acknowledge the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. "OFFICIAL SEAL' N PONDE%TER Notary PublIC • Sbrte of Illinois My Commisaton Expims Novembe J10,-y79 STATE OF'IOWA ) )SS COUNTY OFDALLAS ) 7 Public in and for the State of Iowa On this day of , 20_, before me, the undersigned, a Notary Public in and for said County and State personally appeared William Peard and Tint 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: YEENSTRA 6 KINK INC. - 3000 NESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-6000 OWNEFt EASEMENT DRAWING PARCEL ID: LEACH FAMILY FARMS. INC FOR SANITARY SEWER EASEMENT 1232300001 BOOK 639 PAGE 579 FOR THE CITY OF WAUKEE, IA 1232100003 1232100001 R'J iX CORNER N1/4 ;ECTION 32-79-26 SECTION 3 'ND: 1'PIPE FND: I'. 91.00. SB9-46'42-E 2,642.58' I >--500.13118'W HICKMAN ROAD (HIGHWAY 6) —P.O. B. ---- I------- i P ( A 1 �'29'49'W i 430.21' S89 38'48'E 465.00' LEGEND • FOUND SECTION CORNER 0 PERPETUAL EASEMENT 116 832 SO FT �Gt,1O' I B9.38'48'W 15. 277.08' i 548'414'37"E E314 CCRNER 22' SECTION 32-79-26 FNO: STONE I ,A 1 P I 1` GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM —�...... SOUTH ZONE 400 800 • A:v a w-e¢-sr, awKw r.>wxr SANITARY SEWER EASEMENT IN DNS' No- „w *� NW 1/4 AND THE SW 1/4 REV 1 SECTION 32-79-25 E - 4 w+rcrFn ,uc wre real-n V�1STitA X►MAl, INCaoaoxl.MMnwn�w neewrwM,artoxs��o 1 OF 2 A.G. S1SiNiWD • JiiJ2F9iM(fAU • lOOii/•MUGMbfi9 npO.p.T ad+.a PREPARED BY: YEENSTRA G KINK INC. - 3000 WE8T0WN PARKWAY - WEST DES MOINE5, IOWA 50266-1320 - (515) 225-8000 OYMOL EASEMENT DRAWING PARCFIID: LEACH FAMILY FARMS, INC FOR SANITARY SEWER EASEMENT 1232300001 BOOK 639 PAGE 679 FOR THE CITY OF WAUKEE, IA 1232100003 - - - 1232100001 S00'13'16'W — 208.01 '' '46' 42"E 2,642.58 HICKMAN ROAD (HIGHWAY 6) \b \b 1 L2 R_0_q 50_00_------ R-O-N 40. 00' I I t V > PERPETUAL \b ^x EASEMENT 1 iao.aa• � I \b � 3 LINE 90.00' I .1 N89'38'48'W II 5, 277.08' BEARING DISTANCE Li 889'53'12'E 9D.00' L2 SOO'29'49`W 2365 AS L3 S89'38'48"E 441.00' L4 548'4437-E 967.99' L5 SOO'46'45-W i1B32'1 L51 N48'4-037`W 1011.23' L7 N69'38'48'0 507.tAi' L8 N00'52 281E L91 N00'2949'E1900 32.00' LD S89'42'45'E 10.00, L41 29'49'E 15 1NOD 00. I j L8 L7 40.OD' t so.aa I 1 E1/4 CORNER t°1v !o. SECTION 32-79-26 2mw ' (Iwcva END: STONE v Ismn 30.00C` y\ w zo \b I I w 65+ b SW CORNER GRIP NORTH SECTION 32-79-26 1�gOF' IOWA STATE PLANE END: 5/8"REBAR --—�—� COORDINATE SYSTEM LEGEND SOUTH ZONE FOUND SECTION CORNER `' 401 BGU ® TEMPORARY EASEMENT 244.838 SO.FT. ¢ n os lwlraw ea xxm+ar 00' CONSTRUCTION EASEMENT IN p+! —N- - -- m" _ NW 1/4 AND THE SW 1/4 REV i SECTION 32-79-26 E-4 wTe may-n ,slop NtieOrAPdsu„bws0]tlf13m 2 OF 2 57513d3ifH¢AU rtn.rm ¢>®a