HomeMy WebLinkAbout2017-07-10-J01X South Outfall Sewer Easement_Grewell_Permanent�■�� V/aukee
�T/ THE KEY TO GOOD UVI NG
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 10, 2017
AGENDA ITEM: Consideration of approval of a resolution approving Permanent Easement for
Sanitary Sewer Right -of -Way related to the Waukee South Outfall Sewer
Proj ect. [Dean R. Grewell III and Palma C. Grewell]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The easement is required for the construction of the
Waukee South Outfall Sewer Project.
FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $27,072.85
COMMISSIONIBOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: 1. Easement
PREPARED BY: Beth Richardson
K
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
111*1I1 willYMCBM
APPROVING PERMANENT EASEMENT FOR SANITARY SEWER
RIGHT-OF-WAY RELATED TO THE WAUKEE SOUTH OUTFALL SEWER
EXTENSION PROJECT [DEAN R. GREWELL III AND PALMA C. GREWELL]
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 Right -of -Way Easement is necessary
for the purpose of construction of the Waukee South Outfall Sewer Extension Project; AND,
WHEREAS, said easement shall be located on a portion of the property owned by Dean R.
Grewell III and Palma C. Grewell and legally described as referenced in Exhibit A, Easement
Area, of the Permanent Easement for Sanitary Sewer Right -of -Way, which is attached hereto.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
I Ot" day of July, 2017, that it hereby approves the Permanent Easement for Sanitary Sewer
Right -of -Way related to the Waukee South Outfall Sewer Extension Project [Dean R. Grewell III
and Palma C. Grewell] in the amount of $27,072.85.
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
*1411IM-11
Prepared by: Forrest Aldrich, Veenstra & Khwn, Inc. (515) 225-8000
Return to: Veenstra & Khmu, Inc., 3000 Westown Parkway, West Des Moines, IA 50266-1320
Project; South Outfall Sewer/WRA Waukee Outfall, 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
Dean R. Grewell, III and Palma C. Grewell (husband and wife) (hereinafter referred to as the
"Grantor"), in consideration of the sum of Twenty -Seven Thousand Seventy -Two and 85/100 Dollars
($27,072.85) to be paid by the City of Waukee, Iowa, does/do hereby convey unto the City of Waukee,
Iowa, a municipal corporation organized under 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 Parcel C of Government Lot 14 and part of Government
13, Section 5, Township 78 North, Range 26 West of the 51' P.M., Dallas County, Iowa, as shown on the
Plat of Survey recorded in Book 2002 on, Page 207 in the Dallas County Recorder's Office. Said
perpetual easement being a strip 30.00 feet in width lying 15.00 feet on each side of the following
described line:
Commencing as a point of reference at the Southwest corner of said Parcel C; thence
North 83°30'15" East (all bearings referenced to Grid North Iowa State Plane
Coordinate System South Zone), 325.42 feet along the South line of said Parcel C to
the point of beginning; thence North 55°48'57" West, 136.84 feet; thence North
30°08'13" West, 174.50 feet; thence North 07°02'25" East, 150.00 feet; thence North
14°57'05" East, 242.00 feet; thence North 85°47'37" East, 300.00 feet; thence North
1030'41" East, 26.29 feet to the South line of an existing public utility easement
according to the document recorded in Book 2016 on Page 17065 in the Dallas
County Recorder's Office. The sidelines of said strip to be shortened or lengthened
to terminate at the South line of said Parcel C and the South line of said public utility
easement.
Containing 30,889 square feet, more or less.
Which property is also described and depicted on the plat attached hereto as Exhibit PE-22.
(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:
1. 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.
3. CHANGE OF GRADE PROHMITED. 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.
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 at no cost to the
Grantor(s) for a future sanitary sewer extension. 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. The sewer service
extended from the Grantor's residence shall connect to the sanitary sewer stubout. The sanitary
sewer extension and sewer service will be at the Grantor(s) expense.
If more than one residence is ever connected to the sanitary sewer within the Easement Area a
manhole shall be installed at Grantor's expense at the end of the 8-inch stubout and all sewer
services shall be connected through the manhole. Individual residences cannot be connected
directly to the sanitary sewer or directly to a manhole on the sanitary sewer except the one
residence into the one manhole as described hereinbefore.
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.
Signed this /& day of .j to
DONATION (OPTIONAL)
L -v
DeaPGrewell,
Palma C. Grewell
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 )
County ofIn L �A=_' ) ss.
On thisJk
day of L 20 before me, a Notary Public, personally
appeared �9 and �yi t 'L° t�� i l (signatory
name), to me known to'be the person named in and who executed the foregoing instrument, and
acknowledged that and
"e cuted th sam as his/her/their voluntary act and deed.
% re < �,L �. � BEiii R9CFIAR®SOM
�AotSignatu�q0� '9
� Commission Number 701731
Notary Public in the state of��=�,.
APPROVED AS TO FORM:
Attorney for the City of Waukee, Iowa
City Approval and Acceptance:
My r�gsmNs i?nrExpires
ova e Y1!
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
EASEMENT DRAWING
OWNER: OF PERPETUAL SANITARY SEWER EASEMENT
DEAN R. GREWELLIII BEING CONVEYED TO THE WRA ADDRESS:
,
PALMA C. GREWELL 31368 312th PLACE
BOOK 2000 PAGE 10639 0 200 400 WAUKEE, IA 50263
PARCEL ID:
1605100032
1 314 50' (M)
NE CORNER
N83'20,02E 1M)
1, 314,53 (R) GOVERNMENT
LOT 14
32 E(R).
END:
1/2'PIPE
NB2'33
--�_
'NW CORNER
GOVERNMENT LOT 14 312th PLACE
END: 3/4"PIPE _��-'—
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LEGEND
♦ FOUND SECTION CORNER
0 FOUND PROPERTY CORNER
AS NOTED
(M) "AS MEASURED" DISTANCE
OR BEARING
(R) "AS RECORDED" DISTANCE
OR BEARING
PERPETUAL EASEMENT
30.889 SO FT.
lat¢d survey work was
r my direct personal
am a duly licensed Land l� S
of the State of Iowa. Bo bbY J. GP
Date Y. M3dtl81 ¢!10 m
19960 g
GRID NORTH
IOWA STATE PLANE
COORDINATE SYSTEM
SOUTH ZONE
SOUTH OUTFALL
WEST
(EXHIBIT P E - 2 2
SHEET 1 OF 2
OWNER:
DEAN R. GREWELL,
PALMA C. GREWELL
BOOK 2000 PAGE
PARCEL ID:
1605100032
EASEMENT DRAWING
OF PERPETUAL SANITARY SEWER EASEMENT
III BEING CONVEYED TO THE WRA ADDRESS:
31368 312th PLACE
10639 WAUKEE, IA 50263
LEGAL DESCRIPTION
A perpetual sanitary sewer easement located in Parcel Cof Government
Lot 14 and part of Government 13. Section 5, Township 78 North, Range
26 West of the 5th P.M., Dallas County, Iowa, as shown on the Plat of
Survey recorded in Book 2002 on Page 207 in the Dallas County
Recorder's Office. Said perpetual easement being a strip 30.00 feet in
width lying 15.00 feet on each side of the following described line:
Commencing as a point of reference at the Southwest
corner of said Parcel C; thence North 83'30'15" East fall
bearings referenced to Grid North Iowa State Plane
Coordinate System South Zone), 325.42 feet along the
South line of said Parcel C to the point of beginning;
thence North 55'48'57" West, 136.84 feet; thence North
30°08'13" West, 174.50 feet; thence North 07'02'25"
East, 150.00 feet; thence North 14'57'05" East, 242.00
feet; thence North 85'47'37" East, 300.00 feet; thence
North 10°30'41" East, 26.29 feet to the South line of an
existing public utility easement according to the
document recorded in Book 2016 on Page 17065 in the
Dallas County Recorder's Office. The sidelines of said
strip to be shortened or lengthened to terminate at the
South line of said Parcel C and the South line of said
public utility easement.
Containing 30,889 square feet, more or less.
WEST
SOUTH OUTFALL
(EXHIBIT P E - 2 2
SHEET 2 OF 2