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Home My WebLink About2017-08-21-J01X South Outfall Sewer_Chayse Holdings_Temp Easement0►``q Waukee 1T■f 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 Temporary Easement for Construction 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 COSTBENEFIT ANALYSIS: One Dollar ($1.00) COMMISSIONBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. Easement PREPARED BY: Beth Richardson/Rudy Koester REVIEWED BY: John Gibson Y", 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 [CHAYSE HOLDINGS, LLC] IN THE NAME AND BY THE A UTHORITY 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 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 Chayse Holdings, LLC, 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 2151 day of August, 2017, that it hereby approves the Temporary Easement for Construction 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 & Kimm, Inc. (515)225-8000 Veenstra & Kimm, Inc., 3000 Westown Parkway, West Des Moines, IA 50266-1320 Location: East of County Road R 22 and North of Ashworth Road TEMPORARY EASEMENT FOR CONSTRUCTION Chayse Holdings, LLC (hereinafter referred to as the "Grantor"), in consideration of One Dollars ($1.00) 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 Lot 2, Tanglewoods Acres being a part of Section 5, Township 78 North, Range 26 West of the 51 P.M., Dallas County, Iowa. Said perpetual easement being more particularly described as follows: 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), 160.69 feet along the North line of said Lot 2 to the Northwest corner of an existing temporary construction easement as recorded in Book 2017 on Page 2662 in the office of the Dallas County Recorder; thence South 0428'44" West, 45.33 feet along the West line of said existing temporary easement to the point of beginning; thence continuing South 04°28'44" West, 31.67 feet along the West line of said existing temporary easement; thence South 43°05'58" East, 56.99 feet along said West line; thence South 75°26'43" West, 120.62 feet; thence South 82°20'53" West, 365.82 feet; thence North 61°30'32" West, 109.39 feet; thence North 80°29'43" West, 171.08 feet; thence South 02°51'23" West, 149.05 feet; thence South 70°30'15" West, 47.63 feet 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; thence North 21°37'41" West, 52.29 feet along said East right-of-way line; thence North 10'01'41" West, 108.87 feet along said East right-of-way line; thence North 02°51'23" East, 114.56 feet; thence South 80°29'43" East, 287.23 feet; thence South 61°30'32" East, 112.02 feet; thence North 82°20'53" East, 317.94 feet; thence North 75°26'43" East, 98.90 feet to the point of beginning, EXCEPTING THEREFROM a perpetual easement as shown on Exhibit PE-1 sheet 1 of 2. Containing 53,273 square feet, more or less. 7727/I7i Pave 1 o1'4 Which property is also described and depicted on the plat attached hereto as Exhibit TE-1 (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 Sewer 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. T^_T; 17: Page I or4 Signed this % day of 20. Chayse Ho dings, LLC Acknowledgement State of 1 Ol1JGl ) County of Pol� ) ss. On this 'I day of 20_L7_, before me, a Notary Public, in and for said State and county, personally RISpeared (signatory name), to me personally known, who being by me duly sworn or affirmed, did say that that person is ✓ (official title) of said S l S (limited liability company) and that said instrument was signed on behalf of the said Ih ited liability company by authority of its managers and the said T(h (signatory name) acknowledged the execution of said instrument to be t k4tary act and deed of said limited liability company by it voluntarily executed. Now Signatbre jomi'miARLY MCDOWELLNota Public in the state of � nyoax Cssion Number 804609ry Commission Expires June 2, 2020 7l'?7; L7 i,agc 2 or i 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 027!17� Page? or t OWNER: EASEMENT DRAWING PARCEL NO.: CHAYSE OF TEMPORARY CONSTRUCTION EASEMENT 16-05-376-002 HOLDINGS, L.L.C. BOOK 2016 PAGE 5649 BEING CONVEYED TO THE WRA ADDRESS: 31329 ASHWORTH RD WAUKEE, IA 50263 / 7 90oi 0 0• L0 s Y U IU L4 Lq C I Pgr�HT 9k 36 M4Y fIl I qG r0� D << m t m Cq% s/q sz6 lAC %,q LINEI BEARING IDISTANCE L1 SO4 '28'44"W 31.67' L2 543'05'S8"E 56.99' L31 S75-26'43""4 120.62- L4 S82*20 53'WI 365.82' 13'3B ;O4 to 9994091 i5A 05, tt^ 1M6P1 5�9 52 48 yttH1• lM A 61'tPl ` S)'.42;1 . I L151 N75'26.43"EI 98 38g OB 3B W ft 33 1 P.O. lM6gjg1 7P 2 160. L15 69• / i / A m1 SQ4 • L3 °S IOF ys T 2�MFq 90 H m 3�oM \"'m�.6 OT 3 'op. LEGEND 562 5?. jq A v 0I� S FOUND SECTION CORNER \ ® FOUND 5/8" BAR W/YELLOW CAP#5041 ■ CALCULATED POSITION )•M lyj 2 \ ��\ \ \y i I I I$?g N 133E ch N ncm 80, 0 ra J n �9� I / \3 GRID NORTH (M) "AS MEASURED" DISTANCE IOWA STATE PLANE OR BEARING COORDINATE SYSTEM (R) "AS RECORDED" DISTANCE (SOUTH ZONE) S9FC4 C� OR BEARING F,y05.)e NqR TEMPORARY EASEMENT OgT•k6 53.273 SQUARE FEET 0 200 400 SOUTH OUTFALL EXTENSION I hereby certify that this land surveying document was prepared and the related survey work was VEENSTRA 6 KIMM, INC. performed by me or under my direct personal supervision and that I am a duly licensed Land 3000 WESTOWN PARKWAY WEST DES MOINES. IOWA 50266-1320 Surveyor under the laws of the State of Iowa. vpCw�" y aobhy J. 515-225-8000 Signed Date Maadpleno Y p. 199e0 � own * EXHIBIT T E -1 Bobby J. Matltlalenp, P.L.S. Iowa License No. 19960 My license renewal date is December 31. 2015 Drawings covered by this seal: Sheet i of 2 and Sheet 2 of 2 Rev/BY SHEET 2 OF 2 OWNER: EASEMENT DRAWING PARCEL NO.: CHAYSE HOLDINGS, L.L.C. OF TEMPORARY CONSTRUCTION EASEMENT 16-05-376-002 BEING CONVEYED TO THE WRA BOOK 2016 PAGE 5649 ADDRESS: 31329 ASHWORTH RD WAUKEE, IA 50263 LEGAL DESCRIPTION A temporary construction easement located in Lot 2, Tanglewoods Acres being a part of Section 5, Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa. Said perpetual easement being more particularly described as follows: 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), 160.69 feet along the North line of said Lot 2 to the Northwest corner of an existing temporary construction easement as recorded in Book 2017 on Page 2662 in the office of the Dallas County Recorder; thence South 04 2B'44" West, 45.33 feet along the West line of said existing temporary easement to the point of beginning; thence continuing South 04'28'44" West, 31.67 feet along the West line of said existing temporary easement: thence South 43°05'56" East, 56.99 feet along said West line; thence South 75"26'43" West, 120.62 feet; thence South 82°20'53" West, 365.82 feet; thence North 61*30'32" West, 109.39 feet; thence North BO °29' 43" West, 171.08 feet; thence South 02 °51' 23" West, 149.05 feet; thence South 70*30'15" West, 47.63 feet 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; thence North 21°37'41" West. 52.29 feet along said East right-of-way line; thence North 10'01'41" West. 108.87 feet along said East right-of-way line; thence North 02'51'23" East, 114.56 feet; thence South 80°29'43" East, 287.23 feet; thence South 61°30'32" East, 112.02 feet; thence North 62°20'53" East, 317.94 feet; thence North 75°26'43" East, 98.90 feet to the point of beginning, EXCEPTING THEREFROM a perpetual easement as shown on Exhibit PE-1 sheet 1 of 2. Containing 53,273 square feet, more or less. SOUTH VEENSTRA S KIMM,INC. 3000 WESTOWN PARKWAY WEST OES MOINES, IOWA 50265-1320 515-225-S000 (EXHIBIT T E - 1 I SHEET 2 OF 2