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Home My WebLink About2017-08-21-J01W South Outfall Sewer_Chayse Holdings_Perm EasementNO Waukee f WT r THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 21, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Permanent Easement for Sanitary Sewer Right -of -Way related to the South Outfall Sewer Project (Chayse Holdings, LLC) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is required for the construction of the South Outfall Sewer Project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: One Dollar ($1.00) COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson/Rudy Koester REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING PERMANENT EASEMENT FOR SANITARY SEWER RIGHT-OF-WAY RELATED TO THE WAUKEE SOUTH OUTFALL SEWER EXTENSION PROJECT [CHAYSE HOLDINGS, LLC] 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 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 Chayse Holdings, LLC, 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 2151 day of August, 2017, that it hereby approves the Permanent Easement for Sanitary Sewer Right -of -Way related to the Waukee South Outfall Sewer Extension Project [Chayse Holdings, LLC] in the amount of $1.00. 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: Forrest Aldrich, Veenstra & Khrun, Inc. (515) 225-8000 Return to: Veenstra & Kurun, Inc., 3000 Westown Parkway, West Des Moines, IA 50266-k320 Project Location: East of County Road 22 and North of Ashworth Road PERNIANENT EASENIENT FOR SANITARY SEWER RIGHT-OF-WAY Chayse Holdings, LLC (hereinafter referred to as the "Grantor"), in consideration of the sum of One Dollars ($1.00) 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 Lot 2, Tanglewoods Acres being a part of Section 5, Township 78 North, Range 26 West of the 5s' 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 Northeast corner of said Lot 2; thence South 74°42'12" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 123.50 feet along the North line of said Lot 2 to the Northwest corner of an existing perpetual sanitary sewer easement as recorded in Book 2017 on Page 2661 in the office of the Dallas County Recorder; thence South 04'28'44" West, 72.28 feet along the West line of said existing perpetual easement to the point of beginning; thence South 75°26'43" West, 128.80 feet; thence South 82°20'53" West, 327.60 feet; thence North 619012" West, 116.00 feet; thence North 80029'43" West, 260.00 feet; thence South 02°51'23" West, 174.49 feet to the East right-of-way line of County Highway R-22 as described in Book 456 on Page 102 in the office of said Dallas County Recorder. The sidelines of said strip to be shortened or lengthened to terminate at the West line of said existing perpetual easement and at said East right-of-way line of County Highway R-22. Containing 30,160 square feet, more or less. Which property is also described and depicted on the plat attached hereto as Exhibit PE-1. (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 I 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 PROHIBITED. 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. The City shall provide a physical connection point to the sanitary sewer at no cost to the Grantor(s) for a future sanitary sewer service. The Grantor(s) are hereby granted the right to connect one future residence to said connection point at Grantor(s) expense. The sewer service and any necessary sanitary sewer extension will be at the Gramor(s) expense. If more than one residence is ever connected to the sanitary sewer, all sewer services shall be connected according to City policy. 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 , 204. Chayse Holdings, LLC Acknowledgement State of T ) County of / Igs ) ss. On this / qw-haypof �jA� 0 , beforee votary Public, in and for said State and county, ersonall _ eared (signatory name), to me personally known, wh�ng by me duly sworn or affirmed, did say that that peX on is �✓' (official title) of said P S G rrx, / (t _ (limited liability company) and that said instrument was signed on >�ehalf of the said 4ibited liability company by authority of its managers and the said TAU 1 Q--c,4 D k 1 (signatory name) acknowledged the execution of said stru iet et to —e the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Signature °,x �s B RICHARDSO7d �,. Commission Number 701731 My gVres Notary Public in the state of._lFJ[�t�. , '°w> APPROVED AS TO FORM: Attorney for the City of Waukee, Iowa City Approval and Acceptance: 1, , 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 OWNER: EASEMENT DRAWING CHAYSE OF PERPETUAL SANITARY SEWER EASEMENT HOLDINGS, L.L.C. BEING CONVEYED TO THE WRA BOOK 2016 PAGE 5649 C ) '�o \ p5•M\M �9 yA W A�2 H SO \ ��51 S. 20 N\ Grp\ 0S. A. 389•0B•35•N ZS 00 (A) 72.2g. 77 qZG A$ S•7270 53 b . G102M4Y IIA .)6Vj �l 2 6 N 723 SD• PARCEL NO.: 16-05-375-002 ADDRESS: 31329 ASHWORTH RD WAUKEE, IA 50263 ,-0S 3 N\. .„ m �OZ 2 PGRF S e R� < l E p\rT10�� c\\ PNi�L FgSF"� \ '�T SEg3��, COgNF _I'�`e ZAf N6•5-78 5/. 'Sq CONC AES4 SB3 "2 ��•�. � � � \ � SB2 3)"27 b!Rl LEGEND ♦ FOUND SECTION CORNER 0 FOUND 5/8" BAR W/YELLOW CAPi5041 ■ CALCULATED POSITION (M) "AS MEASURED" DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING PERPETUAL EASEMENT 30.160 SQUARE FEET nw Date— W Matlealeno. P.L.S. nee No. 19960 e renewal date is December 31, 2015 253522'A� GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM (SOUTH ZONE) 0 200 400 S VEENSTRA S KIMM. INC. 3000 WESTOWN PARKWAY WEST DES MOINES. IOWA 502SS-1320 515-225-8000 IEXHISIT P E - 1 SHEET 1 OF 2 OWNER: EASEMENT DRAWING CHAYSE OF PERPETUAL SANITARY SEWER EASEMENT HOLDINGS. L.L.C. BEING CONVEYED TO THE WRA BOOK 2016 PAGE 5649 LEGAL DESCRIPTION PARCEL NO.: 16-05-376-002 ADDRESS: 31329 ASHWORTH RD WAUKEE, IA 50263 A perpetual sanitary sewer easement located in Lot 2. Tanglewoods Acres being a part of Section 5, Township 78 North, Range 25 West of the 5th 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 Northeast corner of said Lot 2: thence South 74'42'12" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 123.50 feet along the North line of said Lot 2 to the Northwest corner of an existing perpetual sanitary sewer easement as recorded in Book 2017 on Page 2661 in the office of the Dallas County Recorder; thence South 04 28'44" West, 72.28 feet along the West line of said existing perpetual easement to the point of beginning; thence South 75'26'43" West, 128.80 feet; thence South 82'20'53" West, 327.60 feet; thence North 61'30'32" West, 116.00 feet; thence North 80'29'43" West, 260.00 feet; thence South 02'51'23" West, 174.49 feet to the East right-of-way line of County Highway R-22 as described in Book 456 on Page 102 in the office of said Dallas County Recorder. The sidelines of said strip to be shortened or lengthened to terminate at the West line of said existing perpetual easement and at said East right-of- way line of County Highway R-22. Containing 30.160 square feet, more or less. OUTFALL EXTENSION VEENSTRA 6 KIMM,INC. 3000 WESTONN PARKWAY WEST DES MOINES, IOWA 50258-1320 515-225-e000 (EXHIBIT P E - I SHEET 2 OF 2