HomeMy WebLinkAbout2017-08-07-J01U NW Area Trunk Sewer Extension Phase 4 Easment_Phillips-HamiltonNO\C/au kee
l&I THE KEY TO GOOD LIVING
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 7, 2017
AGENDA ITEM: Consideration of approval of a resolution approving Sanitary Sewer
Easements related to the Northwest Area Trunk Sewer Extension Phase 4
Project [Phillips -Hamilton, 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 COST/BENEFIT ANALYSIS: $41,100.08
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Easement
PREPARED BY: Beth Richardson/Rudy Koester
RK
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-322
APPROVING SANITARY SEWER EASEMENT(S) RELATED TO THE
NORTHWEST AREA TRUNK SEWER EXTENSION PHASE 4 PROJECT
[PHILLIPS-HAMILTON, INC.]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, 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 Phillips -
Hamilton, 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
7`" day of August, 2017, that it hereby approves the Sanitary Sewer Easement(s) related to the
Northwest Area Trunk Sewer Extension Phase 4 Project [Phillips -Hamilton, Inc.] in the amount
of $41,100.08.
Attest:
Rebecca D. Sehnert, 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 Retum to: Travis I. Paul Veensira & Kimm Inc.. 3000 Westown Pkwy. 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, Phillips -Hamilton, Inc., (hereinafter referred to as the "Grantor(s)"), of
the City of Waukee, Dallas County, Iowa, in consideration of the sum of Forty -One Thousand One
Hundred and 08/100 Dollars ($41,100.08) 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 Southeast 1/4 and in the East 1/2 of the
Southwest 1/4 of Section 32, Township 79 North, Range 26 West of the 5" P.M., Dallas County,
Iowa. Said perpetual easement being more particularly described in two (2) segments as follows:
Segment I
Perpetual easement Segment I being a strip 30.00 feet in width lying 15.00 feet on each side of the
following described line:
Commencing at the Southwest corner of said Southeast 1/4; thence North 00°40'49" East (all
bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),
1,236.38 feet along the West line of said Southeast 1/4 to the point of beginning; thence
North 61°34'21" East, 469.92 feet; thence North 77°50'22" East, 422.00 feet; thence North
79°49'45" East, 400.69 feet to the West line of an existing perpetual sanitary sewer
easement. The sidelines of said strip to be shortened or lengthened to terminate at the West
line of the Southeast 1/4 and at the West line of said existing perpetual sanitary sewer
easement.
Containing 38,779 square feet, more or less.
Page 1 of 5
Segment 2
Perpetual easement Segment 2 being a strip 30.00 feet in width lying 15.00 feet on each side of the
following described line:
Commencing at the Southeast corner of said East 1/2 of the Southwest 1/4; thence North
00°40'49" East (all bearings referenced to Grid North Iowa State Plane Coordinate System
South Zone), 1,236.38 feet along the East line of said East 1/2 of the Southwest 1/4 to the
point of beginning; thence North 54°43'47" West, 510.18 feet; thence North 63009'33"
West, 1,000.66 feet to the West line of said East 1/2 of the Southwest 1/4. The sidelines of
said strip to be shortened or lengthened to terminate at the East and West lines of the East
1/2 of the Southwest 1/4.
Containing 45,325 square feet, more or less. Total area containing 84,104 square feet, more or
less.
Temporary Easement
A temporary construction easement located in part of the Southeast 1/4 and in the East 1/2 of the
Southwest 1/4 of Section 32, Township 79 North, Range 26 West of the 5"' P.M., Dallas County,
Iowa. Said temporary easement being more particularly described in two (2) segments as follows:
Segment 1
Temporary easement Segment 1 being a strip 90.00 feet in width lying 65.00 feet on the North side
and 25.00 feet on the South side of the following described line:
Commencing at the Southwest corner of said Southeast 1/4; thence North 00°40'49" East (all
bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),
1,236.38 feet along the West line of said Southeast 1/4 to the point of beginning; thence
North 61°34'21" East, 469.92 feet; thence North 77°50'22" East, 422.00 feet; thence North
79°49'45" East, 400.69 feet to the West line of an existing perpetual sanitary sewer
easement, EXCEPTING THEREFROM above described perpetual easement Segment 1.
The sidelines of said strip to be shortened or lengthened to terminate at the West line of the
Southeast 1/4 and at the West line of said existing perpetual sanitary sewer easement.
Containing 76,950 square feet, more or less.
Segment 2
Temporary easement Segment 2 being more particularly described as follows:
Commencing at the Southeast corner of said East 1/2 of the Southwest 1/4; thence North
00040'49" East (all bearings referenced to Grid North Iowa State Plane Coordinate System
South Zone), 1,206.02 feet along the East line of said East 1/2 of the Southwest 1/4 to the
point of beginning; thence North 54°43'47" West, 525.58 feet; thence North 63009'33"
West, 986.59 feet to the West line of said East 1/2 of the Southwest 1/4; thence North
00°46'45" East, 113.50 feet along said West line; thence South 48°44'37 East, 48.03 feet;
thence South 63°09'33 East, 996.57 feet; thence South 54°43'47" East, 470.15 feet to said
East line of the East 1/2 of the Southwest 1/4; thence South 00040'49" West, 109.32 feet
along said East line to the point of beginning, EXCEPTING THEREFROM above
described perpetual easement Segment 2.
Containing 90,798 square feet, more or less. Total area containing 167,748 square feet, more or
less.
Page 2 of 5
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.
4. Rieht 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. RunnlnR 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.
Page 3 of 5
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 terns 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 tern "Grantor(s)" shall refer to
Phillips -Hamilton, Inc., 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.
ll. 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.
12. 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 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 Tt4 20_L7 "
Phillips -Hamilton. Inc.
Attest:
City of Waukee
William F. Peard, Mayor
Attest:
Person and title dministrator
gl� n"5 ) OFFICIAL SEAL
STATE OF J03E VILLEpAS
SS: NOTARMy COMYMISSION EXPIRES 091031 01UBLIC, STATE OF 37
COUNTY OF R*64*0(mK )
On this II-1 — day of - Ull 20 efore me, the undersigned,
a Notary Public in and for said county and state, personally appeared Lt 11 eWil hil to
me personally known, who, being by me duly sworn, did state that they are the yes, �" , of said
corporation; that no seal has been procured by the said corporation; that said instrument was signed
on behalf of said corporation by authority of its Board of Directors; and that said ?6;11°, { 4wtt I�'4
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.
Notary Public ' nd for the State of4MW
.�Ihna �s
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 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: YEEMM i KIML INC. - 30M NESTONN PAIB(NAY - NEST DES MOUES, IONA 50266-1320 - (515) 225-OM
OWNER EASEMENT DRAWING PARMV.
PHILLIPS-HAMILTON, INC. FOR SANITARY SEWER EASEMENT 1232400003
BOOK 581 PAGE 146 FOR THE CITY OF WAUKEE. IA 1232400001
N1/4 CORNER E!/4 CORNER
SECTION 32-79-26 ACTION 32-79-26
FNO: IDOT CAP FNO: STONE
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TOTAL AREA o B4.104 SG.FT.
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PHILLIPS-HAMILTON, INC. FOR SANITARY SEWER EASEMENT 1232300004
N= 581 PAGE 146 FOR THE CITY OF WAUKEE, IA 1232300002
N1/4 COINER
SECTION 32-71-26
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SEGMENT 1 - 38.779 SG.FT. 0 300 600
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owNm EASEMENT DRAWING PARM V.
PHILLIPS-HAMILTON, INC. FOR SANITARY SEWER EASEMENT 1232400003
BOOK 581 PAGE 146 FOR THE CITY OF WAUKEE, IA 1232400001
'38'48'W 5,277.08
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® TEMPORARY EASEMENT FNR 5/8-REBAR
SEGMENT 1 - 76.950 SO.FT. 0 300 600
SEGMENT 2 - 90.798 SO.FT
TOTAL AREA - 167.748 SOFT.
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.+ CONSTRUCTION EASEMENT IN
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PREPARED n YEENSTRA & KINM, INC. - 3000 WESTOWN PARMY - WEST DES KOINES. IOTA 50266-1320 - (5S5) 225-aM00
CAN'S EASMEW ®RAWNG PARC�IO:
PHILLIPS-HAMILTON, INC. FOR SANITARY SEWER EASEMENT 1232300004
BOOK 581 PAGE 146 FOR THE CITY OF WAUKEE, IA l232300002
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N89'53'07'W 2, 643,29"
LEGM
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® TEMPORARY EASEMENT
SEGMENT 1 - 75.950 SO FT, 0 300 500
SEGMENT 2 - 90.798 SG,FT
TOTAL AREA a 167.748 SG.FT.
� rsa• __ _ ww r r CONSTRUCTION EASEMENT IN OWB. N0.
.. E 1/2 SW 1/4 SECTION 32-79-26 E- 3
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