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Home My WebLink About2017-07-24-J01Y I-80 West Industrial Park Lift Station, Water Main Extension Easement_Scaglione►1►4WI Waukee YTHE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 24, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Public Utility Easement related to 1-80 West Industrial Park Lift Station and Water Main Extension Project [Frank A Scaglione and Melba L. Scaglione] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is necessary for the installation of the I-80 West Industrial Park Lift Station and Water Main Extension project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $46,270.00 COMMISSIONIBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson/Rudy Koester REVIEWED BY: John Gibson a�y PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING PUBLIC UTILITY EASEMENT(S) RELATED TO THE I-80 WEST INDUSTRIAL PARK LIFT STATION AND WATER MAIN EXTENSION PROJECT [FRANK A. SCAGLIONE AND MELBA L. SCAGLIONE] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, 10WA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, it has been determined that a Public Utility Easement is necessary for the purpose of construction of the I-80 West Industrial Park Lift Station and Water Main Extension Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by Frank A. and Melba L. Scaglione and legally described as referenced in Exhibit A, Easement Area, of the Public Utility Easement(s), which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 24"' day of July, 2017, that it hereby approves the Public Utility Easement(s) related to the I-80 West Industrial Park Lift Station and Water Main Extension Project [Frank A. Scaglione and Melba L. Scaglione] in the amount of $46,270.00. 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: Travis J. Paul. Veenstra & Kimm, Inc., 3000 Westown Pkwv West Des Moines Iowa 50266 (515) 225-8000 PUBLIC UTILITY EASEMENT(S) KNOW TO ALL MEN BY THESE PRESENTS: Grant of Easement(s). The undersigned, Frank A. Scaglione and Melba L. Scaglione, husband and wife, (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of Forty -Six Thousand Two Hundred Seventy and 00/100 Dollars ($46,270.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby sell, grant, and convey to the City of Waukee, Iowa, a municipal Corporation (hereinafter referred to as "the City"), a temporary easement ("Temporary Easement') and a permanent and perpetual easement ("Permanent Easement')(Temporary Easement and Permanent Easement hereinafter referred to as "Public Utility Easement' or "Basement(s)") and right-of-way upon, over, under, through and across the real property legally described as: Parcel 17-5 in the Southwest 1/4 of the Southwest 1/4 of Section 8, according to the Plat of Survey thereof found in Book 2016 on Page 968 in the office of the Dallas County Recorder AND the Southeast 1/4 of the Southeast 1/4 of Section 7, lying North of Interstate Highway 80, all in Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa, said Easement Areas more particularly described as follows: Perpetual Easement Areas The North 20.00 feet of the East 800.00 feet of said Parcel 17-5 R All of said Parcel 17-5 except the East 800.00 feet thereof AND The North 70.00 feet of the East 40.00 feet of said Southeast 1/4 of the Southeast 1/4 AND The East 30.00 feet of said Southeast 1/4 of the Southeast 1/4 lying North of said Interstate Highway 80 and lying South of the North 70.00 feet thereof. Page 1 of 5 Containing 81,129 square feet, more or less. Temporary Easement Areas The South 25.00 feet of the North 45.00 feet of the East 800.00 feet of said Parcel 17-5. Containing 20,529 square feet, more or less. (Perpetual Easement Areas and Temporary Easement Areas collectively referred to as "Easement Areas"). 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating public utilities (hereinafter referred to as "Utilities") and to permit and allow the City to enter at any time upon, over, under, through and across into said Easement Areas 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 Utilities therein or to connect and/or join Utilities and appurtenances thereto) and to forever maintain Utilities whenever necessary within the Easement Areas granted herein. No structure or building of any kind whatsoever shall be erected upon the Easement Areas without the express written consent of the City. The Temporary Easement granted herein shall be for a 12-month period, or until the end of construction, whichever first occurs, at which time said Temporary Easement will automatically terminate. 3. Maintenance. After any construction, reconstruction, repair, maintenance and patrolling of the Easement Areas, the City shall restore and replace the Easement Areas to the same condition as prior to the time of entry or as agreed upon by the City and the Grantor(s) in writing, including but not limited to replacement of concrete surfacing, pavement, landscaping, trees, shrubs, bushes, landscape elements, structures, or underground water systems, including any settlement, depression, or any unknown conditions which arise subsequent to the restoration and/or replacing of the Easement Areas, unless said settlement, depression or unknown condition occurs within twenty-four (24) months of the City's last restoration of the Easement Areas. Any subsequent restoration by reason of settlement, depression or any unknown conditions occurring more than twenty-four (24) months after the City's last restoration of the Easement Areas 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. Page 2 of 5 5. 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 "Gramor(s)" shall refer to Frank A. Scaglione and Melba L. Sca Ig ione, their heirs, assigns, successors -in -interest, or lessees, if any. 9. Attorney's Fees. The City or Grantor(s) 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. 10. 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. 11. 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 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 Easement Area(s) 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. Page 3 of 5 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 Frank A. Scaglione and Melba L. Scaglione City of Waukee TP F nk A. Scaglione William F. Peard, Mayor Melba L. Scaglion Attest: STATE OF IOWA ) ) SS: COUNTY OF DALLAS ) Attest: Tim Moerman, City Administrator kt On the I (�l day of 20k —1 , before me, the undersigned, a Notary Public in and for the State of k0u)personally appeared VyQrV- A , SCo, �,0'ne. oj\ayyNQ,lb®, k' • CVCa�\eOYsZ to me known to be the identical person(s) named in and who executed the foregoing instrument, and acknowledged that (he) (she) (they) executed the instrument as (his) (her) (their) voluntar ,t nd deed. &_ P. �m CHARLOTTE D SLOAN Notary Public in and for the St to of Iowa 3r Commission Number 791340 My commission Expires ow" August 5, 2018 Page 4 of 5 STATE OF IOWA ) ) SS: COUNTY OF DALLAS ) On the day of 20 , before me, the undersigned, a Notary Public in and for the State of personally appeared to me known to be the identical person(s) named in and who executed the foregoing instrument, and acknowledged that (he) (she) (they) executed the instrument as (his) (her) (their) voluntary act and deed. Notary Public in and for the State of Iowa Page 5 of 5 PREPARED BY: VEENSTRA 6 KIMM, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-8000 OWNER: EASEMENT DRAWING FRANK A. SCAGLIONE FOR PUBLIC UTILITIES MELBA L. SCAGLIONE FOR THE CITY OF WAUKEE, IA BOOK 2016 PAGE 22896 PARCEL ID: J6083000i5 Ar, CODS WEST PLAT 1 A1.90- (M6R) PAINTED WOUTLOT "Y" 50 \�9�a W (M&R) , (M6R) T SE CO 1311.53 OUTLO EAST CORNER BOO. 00 1/4-SW1/4 B-78-25 NE CORNER I NORTH SOUTH SW 1/4-SW1/4 w 20. 00' 25. 00' SEC 8-78-26 I > 'ARCEL 17-5 BK2016 P6968 SW�/A LEGEND ♦ SECTION CORNER (M) "AS MEASURED" DISTANCE OR BEARING _ (R) "AS RECORDED" DISTANCE OR BEARING PERPETUAL EASEMENT 81,129 SQUARE FEET ®TEMPORARY EASEMENT NORTH 20.259 SQUARE FEET NORTH 45. 00' ai 1"=200' 0 200 400 SCALE 1-2w PUBLIC UTILITY EASEMENT DRAM "P IN PARCEL 17-5 IN SW 1/4 cR2ceED APiR D e,M FSA SW 1/4 SEC 8-78-26 E-2 WE 45-22-17 VEENSTRA & KIMM INC. 3000 WeroowD Pvkway NkR De Mo w , bwa 50156/920 1 OF 2 A.c. 1 51. 22Td000 51523 78 fEAp • 60 41d (WA13) PRoam 275285 PREPARED BY: YEENSTRA & KIMM. INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-80001 OWNER: FRANK A. SCAGLIONE MELBA L. SCAGLIONE BOOK 2015 PAGE 22896 PARCEL ID: 1608300015 P Al 44 /�� 46— 47 �EAST6— 1 40.00' EASEMENT DRAWING FOR PUBLIC UTILITIES FOR THE CITY OF WAUKEE, IA NORTH 70. 00' EAST 30.00 5�-1IA SF'1)� 5,2E P SEC, SE CORNER - SE 1/4-SE1/4 SEC 8-76-26 i LEGEND ♦ SECTION CORNER (M) "AS MEASURED" DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING PERPETUAL EASEMENT 81.129 SQUARE FEET ®TEMPORARY EASEMENT 20.259 SQUARE FEET DOS,WEST PLAT 1 OUTLOT "Y" 3 °3 PARCEL 17-5 �_— SK2016 pG96� — NE CORNER ENE CORNER SW 1/47 -SW1/4 SE 1/4-SE1/4 SEC 7-78-26 SEC 8-78-26 A P� 5FG 114TEP`'T PTE 80 NORTH 11 1 200 "11 MALE 1-:55 PUBLIC UTILITY EASEMENT UWb. NU. IN SE 114 - SE 1/4 CHECKED BJK SEC 7-78 SEC -2p VV E — 2 "PPP0VE5 FS" !ATE U5-zt-17 VfENSTRA & IOMM, jNC. 3000 Wetokn /tikwey • NPut De Monte, k.50z4613z0 2 OF 2 E sEuzsa000 • 51s225-7soe6W eoo-uraaao wnrn noxcT zTszzs