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Home My WebLink About2017-07-10-J01Y South Outfall Sewer Easement_Grewell_Tempfffi Waukee ' 1%1I THE 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 Temporary Construction Easement related to the Waukee South Outfall Sewer Project. [Dean R. Grewell III and Palma C. Grewellj FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is required for the construction of the Waukee South Outfall Sewer Project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $1,799.50 COMMISSIONBOARDICOMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. Easement PREPARED BY: Beth Richardson g3y— REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING TEMPORARY EASEMENT FOR CONSTRUCTION RELATED TO THE WAUKEE SOUTH OUTFALL SEWER EXTENSION PROJECT [DEAN R. GREWELL III AND PALMA C. GREWELL] 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 Temporary 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 Temporary Easement for Construction, which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 10"' day of July, 2017, that it hereby approves the Temporary Easement for Construction related to the Waukee South Outfall Sewer Extension Project [Dean R. Grewell III and Palma C. Grewell] in the amount of $1,799.50. William F. Peard, Mayor Attest: Rebecca D. Sehnert, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon Prepared by: Fo1Test Aldrich, Veenstra & Kimm, Inc. (515)225-8000 Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, IA 50266-1320 Location: Along Sugar Creek North of Ashworth Road in the Glynn Village Plat 8 and 10 Subdivisions TEMPORARY EASEMENT FOR CONSTRUCTION Dean R. Grewell, III and Palma C. Grewell (husband and wife) (hereinafter referred to as the "Grantor"), in consideration of One Thousand Seven Hundred Ninety -Nine and 50/100 Dollars ($1,799.50) 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 Parcel C of Government Lot 14 and part of Government 13, Section 5, Township 78 North, Range 26 West of the 56, 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 temporary easement being more particularly described as follows: 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), 256.38 feet along the South line of said Parcel C to the point of beginning; thence North 55°48'57" West, 48.58 feet; thence North 30008113" West, 267.86 feet; thence North 07°02'25" East, 135.15 feet; thence North 1405705" East, 255.16 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; thence North 85°35'58" East, 376.61 feet along said public utility easement; thence South 04°24'02" East, 50.53 feet; thence South 85047'37" West, 319.79 feet; thence South 14°57'05" West, 222.49 feet; thence South 07°02'25" West, 106.77 feet; thence South 30°08'13" East, 228.36 feet; thence South 55°48'57" East, 37.36 feet; thence North 8330'15" East, 30.68 feet; thence South 55°48'57" East, 76.71 feet to the South line of said Parcel C; thence South 83°30'15" West, 138.07 feet along said South line to the point of beginning, EXCEPTING THEREFROM perpetual easement as shown on Exhibit PE-22 sheet 1 of 2. Containing 36,289 square feet, more or less. Which property is also described and depicted on the plat attached hereto as Exhibit TE-22. (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: 1. 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. 3. SPECIAL PROVISIONS. NONE. Signed this Al day of 20 DeaiUR Grewell, III Palma C. Grewell Acknowledgement State of oa-- County of becks ) ss. On this day of (ta $!i 20 before me, a Notary Public, personally appeared andsl� �•,� 1. ( (signatory name), to me known to be the person named in and who executed the foregoing instrument, and acknowledged that and ecuted,t e sa e as his/her/their voluntary act and deed. t9�y9 y�pB p9 B 1m RiCf1ARDSO Notary Signature •�� 9, Commission Number 701731 MY Cg IsSi 4 - Pires Notary Public in the state of _ 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: OF TEMPORARY CONSTRUCTION EASEMENT DEAN R. GREWELL, III BEING CONVEYED TO THE WRA ADDRESS: PALMA C. GREWELL 31368 312th PLACE BOOK 2000 PAGE 10639 WAUKEE. IA 50263 PARCEL ID: 1605100032 1, 314.50', (M> NE CORNER N83'20',02,E (M) 1, 314.53 lR) GOVERNMENT LOT 14 N62'33 32 E (R) FND: 1/2'PIPE CORNER 312th PLACE _ GOVERNMENT LOT 14 �� --- FND:3/4"PIPE W/YELLOC L5—��---'-- CAPl316 — �� L6 P IC UTILITY I EASEMENT �2 L7 BK2016 PG17065 Imo— i � EE mup L4 m SOUTH RIGHT-OF-WAY LINE Q 312th PLACE in :v j LB i �do moues-i-i �i PPRGEpG20'1 E �n QD BKg002 I w w is L3 / L9 I o0 I 3 3 / V co GRID NORTH SE CORNER I o0 amN IOWA STATE PLANE z Co inm I LSO COORDINATE SYSTEM FNUPARC3/4EL CPIPE I :,:o �I - i SOUTH ZONE — W/YELLOC- 0 o L2 CAP/3169 L11 5E CORNER L12 L73—_�-n`c0-�j PARCEL C I I L14 N83.3015"E lM1T P , 0. B. 1, 323.38' (M) 256.38 (4) NB3 *30', 15 06"E (M) 1 323.50 (R) N82'43 B ElR) I SE_1/A Oj 14 PSW CO ARCERNCR iGOf LW 515 A1`�6 Sa fiUH SEr�A `��`j 43 -5 FN0:3/4"PIPE S� LEGEND ♦ FOUND SECTION CORNER FOUND PROPERTY CORNER AS NOTED (M) "AS MEASURED" DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING TEMPORARY EASEMENT 36,289 SD.FT. LINE BEARING DISTANCE 11 N55'48'57N 48.58' L2 N30'08'13"W 267.86' L3 N07'02'25"E 135.15' L4 N14'57'05"E 255.16' L5 NB5'35'56"E 376.61' LG 504'24'02"E 50.53' 17 585'47'37"W 319.79' LB S14'57'05"W 222-49' L9 S07'02'25"W 106.77' LID S30'08'13"E 228.36' L11 S55'4B'57E 37.36' L12 NB3'30157 30.68' L13 S55'48'57"E 76.71' L14 S83'30'15"W 138.07' red and the related survey work was by me or under my direct personal on and that I am a duly licensed Land 'Y under the laws of the State of Iowa. Date LL MatlNo lend Y �n pp � 199fi0 easen No w,19960 Be renewal date is December 31, 2017 rnvwratl M1v 1M1ic cral' 1M1a rf 1 of 1 antl SM1ceh 0 of P WEST EXHIBIT GRID NORTH IOWA STATE PLANE CODRDINATE SYSTEM SOUTH ZONE SOUTH OUTFALL EXTEP :HANGED PERPETUAL ALIGt, ENSTRA & KIMM, INC. DO WESTOWN PARKWAY MOINES, IOWA 50266-1320 TE-22 SHEET 1 OF 2 EASEMENT DRAWING OWNER: OF TEMPORARY CONSTRUCTION EASEMENT DEAN R. 6REWELL, III BEING CONVEYED TO THE WRA ADDRESS: PALMA C. 6REWELL 31368 312th PLACE BOOK 2000 PAGE 10639 WAUKEE, IA 50263 PARCEL ID: 1605100032 LEGAL DESCRIPTION A temporary construction easement located in Parcel C of 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 temporary easement being more particularly described as faIlows: 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), 256.38 feet along the South line of said Parcel C to the point of beginning; thence North 55`4B'57" West, 48.58 feet; thence North 30°06'13" West, 267.86 feet; thence North 07'02'25" East, 135.15 feet; thence North 14°57'05" East, 255.16 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; thence North 85°35'58" East, 376.61 feet along said public utility easement; thence South 04`24'02" East, 50.53 feet; thence South 85°47'37" West, 319.79 feet; thence South 14°57'05" West, 222.49 feet: thence South 07002'25" West.-106.77 feet; thence South 30°08'13" East, 228.36 feet; thence South 55°48'57" East, 37.36 feet; thence North 83 30'15" East, 30.68 feet; thence South 55°48'57" East, 76.71 feet to the South line of said Parcel C; thence South 83°30'15" West, 138.07 feet along said South line to the paint of beginning, EXCEPTING THEREFROM perpetual easement as shown on Exhibit PE-22 sheet 1 of 2. Containing 36,289 square feet, more or less. SOUTH OUTFALL 3000 WEST DES Mi (EXHIBIT T E - 2 2 SHEET 2 OF 2