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Home My WebLink About2017-11-06-J01W Waco Pl Water Main Extension_Easement_Beasley FarmsN. NO Woukee 'f■�/ THE KEY TO GOOD LIVING CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 6, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Water Main Easement related to the Waco Place Water Main Extension Project [Beasley Farms, Inc.] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is necessary for the Waco Place Water Main Extension project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $1.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. Easement PREPARED BY: Beth Richardson/Rudy Koester REVIEWED BY: John Gibson/--/Ik� PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING WATER MAIN EASEMENT(S) RELATED TO THE WACO PLACE WATER MAIN EXTENSION PROJECT [BEASLEY FARMS, 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 Water Main Easement is necessary for the purpose of construction of the Waco Place Water Main Extension Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by Beasley Farms, Inc., and legally described as referenced in Exhibit A, Easement Area, of the Water Main Easement(s), which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6t' day of November, 2017, that it hereby approves the Water Main Easement(s) related to the Waco Place Water Main Extension Project [Beasley Farms, Inc.] in the amount of $1.00. 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 WATER MAIN EASEMENT(S) KNOW TO ALL MEN BY THESE PRESENTS: Grant of Easement(s). The undersigned, Beasley Farms, Inc. (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of One and 00/100 Dollars ($1.00) 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 refe red to as "the City"), a permanent and perpetual casement (hereinafter referred to as "Water Main Easement" or "Easement(s)") and right-of-way upon, over, under, through and across the real property legally described as: Government Lot 5 and Government Lot 12 of Section 3, Township 78 North, Range 26 West of the 51' P.M., City of Waukee, Dallas County, Iowa, EXCEPT Parcel `AA' as described in Plat of Survey recorded in Book 2012 on Page 22640 in the office of the Dallas County Recorder. Perpetual Easement Said perpetual easement being more particularly described in two (2) segments as follows: Segment I Commencing at the Northeast corner of said Government Lot 5; thence South 83'36' 10" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 288.48 feet along the North line of said Government Lot 5 to a point on the future West right-of-way line of SE Waco Place, also known as 98"' Street, to the point of beginning, said point also being the beginning of non -tangent curve concave Northeasterly and having a radius of 750.00 feet, to which beginning a radial line bears South 63"33'181, West; thence Southeasterly along said future right-of-way line and along said curve through a central angle of 00"10'02" and an are distance of 2.19 feet, said curve having a chord which bears South 26"31'45" East, 2.19 feet; thence tangent to said curve South 26"36'44" East, 360.03 feet along said future right-of-way line to the beginning of a tangent curve concave Southwesterly and having a radius of 650.00 feet; thence Southeasterly along said future right-of-way line and along said curve through a central angle of 27"06'09" and an arc distance of 307.47 feet, said curve having a chord which bears South 13"03'40" East, 304.61 feet; thence tangent to said curve South 00"29'24" West, 677.03 feet along said future right-of-way line to the South line of said Government Lot 5; thence South 8392'43" West, 20.15 feet along said South line; thence North 00"29'24" East, 679.47 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 630.00 feet; thence Northwesterly along said curve through a central angle of 27"06'09" and an are distance of 298.01 feet, said curve having a chord which bears North 13"03'40" West, 295.24 feet; thence North 26"36'44" West, 360.03 feet. to the beginning of a tangent curve concave Northeasterly and having a radius of 770.00 feet; thence Northwesterly along said curve through a central angle of 00"42'33" and an arc distance of 9.53 feet, said curve having a chord which bears North 26'15'25" West, 9.53 feet to the North line of said Government Lot 5; thenceon a non -tangent line North 83"36' 10" East, 2125 feet along said North line to the point of beginning. Containing 26,938 square feet, more or less. Segment 2 The West 20.00 feet of the East 70.001'eet of said Gc Containing 26,458 square feet, more or less. Total area cc less. "Temporary Easement Saidtemporary casement being more particularly described Segment I Puee2of6 Commencing at the Northeast corner of said Government Lot 5; thence South 83"36' 10" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 235.20 feet along the North line of said Government Lot 5 to the West line of said Parcel `AA', said point being the point of beginning; thence South 26"36'44" East, 343.81 feet along said West line to the beginning of a tangent curve concave Southwesterly and having a radius of 700.00 feet; thence Southeasterly along said curve through a central angle of 09"26'22" and an at distance of 115.33 feet, said curve having a chord which bears South 21053'35" East, 115.20 feet to the existing West right-of-way line of said SE Waco Place; thence non -tangent to said curve South 00"29'25" West, 887.35 feet along said West right-of-way line to the South line of said Government Lot 5; thence South 83"32'43" West, 50,37 feet along said South line; thence North 00`29'24" East, 681.05 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 617.00 feet; thence Northwesterly along said curve through a central angle of 27"06'09" and an are distance of 291.86 feet, said curve having a chord which bears North 13"03'40" West, 289.15 feet; thence North 26"36'44" West, 360.03 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 783.00 feet; thence Northwesterly along said curve through a central angle of 01 "02'45" and an are distance of 14.29 feet, said curve having a chord which bears North 26"05'20" West, 14.29 feet to the North line of said Government Lot 5; thence on a non -tangent line North 83"36' 10" East, 88.31 feet along said North line to the point of beginning, EXCEPTING THEREFROM above described perpetual easement. Containing 57,925 square feet, more or less. Segment 2 The West 50.00 of the East 83.00 feet of said Government Lot 12, EXCEPTING THEREFROM the West 20.00 feet of the Fast 70.00 feet. Containing 39,688 square feet, more or less. Total area containing 97,613 square feet, more or less. 2. Use and Purpose ofEasement(s). This Easement shall be granted for the purpose of locating water main (hereinafter referred to as "Water Main") 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 Water Main therein or to connect and/orjoin the Water Main and appurtenances thereto) and to forever maintain the Water Main 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. Maintenance. After the initial construction of the Water Main, and acceptance by the City, the City agrees, as part of the reconstruction, maintenance and patrolling of the Water Main, 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. Right of Access. Page 3 of 6 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. S. 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. Runnini; of Benefits and Burdens The terns and conditions of this Easement are binding upon the Grantor including, but not limited to, future owners, developers, lessees m 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. 7. Jurisdiction and Venue The City and the Grantor(s) agree the District Court of the State of Iowa shall have exclusivejurisdiction over the subject matter and enforcement of the terms and conditions of this Easement and said parties consent to thejurisdietion 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. Patties. The term "City" as used herein shall refer to the City of Waukee, Iowa, its elected officials, agents, employees, officers, and contractors. The term "Grantor(s)" shall refer to Beasley Farms. Inc., their heirs, assigns, successors -in -interest, or lessees, if any. 10. Attorneys 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. it. 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�er-seiTswharmaeve . Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive Page 4 01-6 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. Dated this 15 F day of NOV26vtb�Q� , 20_J— Beasely Farms, Inc. City of Waukee � / William F. Pcard, Mayor Attest: ) SS: COUNTY OF DALLAS ) Attest: Tim Moerman, City Administrator Pages of 6 r On the day of NoV t.n116� , 20t-4 , before me, the undersigned, a Notary Public in and for the State of INeYA. , personally appeared s}e.l()/�n¢..r ��-0ae 06, and to 11e1 known, who,• ng by me duly sworn, did say that they are the S}epL. 6PAAlint _ and respectively, of the col oration executing the foregoing instrument; that (no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that said instrument was signed (and sealed) on behalf of the corporation by authority of this Board of Directors; that ,Sl,e 1„t,n �aPof;lo..i_ and acknowledged the exe ition of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed, ,.g KATHRYN E. PURVIS 1 �i"Vj Commission Numben94513 Not. r Pu lic in and for the State of Iowa My Commmioo Fxplres February 10, 2019 Page 6 of 6 PREPARED BY: VEENSTRA & KIMM, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-0000 RETURN TO: VEENSTRA & KINK INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-0000 i OWNER: t BEASLEY FARMS, INC. BOOK 602 PAGE697 PARCEL NO.: I6-03-100-034 16-03-100-006 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE THE CITY OF 4 PT.GOVERNMENT LOT A 1 ' N83'36'1 O"EtM) 21.25'(M FND:5/8"REBAR W/ORANGE CAP#1 2 S83'36'10'W 55.48' 170 0 75 150 I Inch = 150 ft. ONVEYED TO NE CORNER E, IA GOVERNMENT LOT FND:5/8"GAS PIPE P.Q.B. W/YELLOW BEASLEY FARMS, INC. BK2005 PG4732 CURVE TABLE CURVE LENGTH RADIUS CHD. ERG. CHORD C1 2.19' 750.00' 5 6`31'45"E 2.19' C2 307.47' 650.00' S13T03'40"E 304.61' C3 298.01' 630.00' N13'0340"W 295.24' C4 9.53' 770.00' N26'15'25"W 9.5V LEGEND • SECTION CORNER MONUMENT FOUND (AS NOTED) • PROPERT MONUMENT FOUND (AS NOTED) (M) "AS MEASURED" DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING PERPETUAL EASEMENT SEGMENT 1 — 288.48' �T 0 EXISTING WEST RIGHT—OF—WAY LINE RIGHT—OF—WAY 100.00' EXISTING EAST RIGHT—OF—WAY LINE 26,938 SQUARE FEET SEGMENT 2 GOVERNMENT 26,458 SQUARE FEET LOT 12 TOTAL AREA 53,396 SQUARE FEET I hereby Certify that Ole land surveying document was prepared and the related survey work was perforoad by am or under my direct personal supervision and that I an a "I11Ce65ed Land Surveyor under the laws of the State of Iowa. '+ Signed Date 1 eoumr a. woo 1.nm � saaww Madcalmno. P.L.S, nee ND. 19960 �a renewal date is DeOandoer 31, 2D17 covered by this seal: Sheet 1 of 2 and 1582 f— W ,A)� z R) W > 00 (J, J I ti Q. WEST LINE IP CEL'AA ' (C NTERLINE IS WACO PLACE) I I � Q n CV a 1 ~ �I a w N H I� LU N t O Z W ir I 0 _I 1k1�1I W lalla g r� w 3 I N lQ� N Iz I I I I I I I O W in W W z W Z O o ULU Wo 00 83'32'43"W(M) I 13 L50 20.15'(M) / SE CORNER I 1 I I GOVERNMENT 3'32'43"W(M) LOT 5 50.37'(M) 1 I I FND:CUT"X" WACO PLACE WATER MAIN EXTENSIi VEENSTRA & KIMM,INC. 3000 WESTOWN PARKWAY IOWA HEST DES MOINE6. 50266-1320 515E800 EXHIBIT SHEET 1 OF 4 PREPARED BY: YEENSTRA & KINK INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES. IOWA 50266-1320 - (515) 225-8000 RETURN T0; YEENSTRA & KINK INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - 1515) 225-B000 OIMER: EASEMENT DRAWING BEASLEY FARMS, INC. FOR WATER MAIN BEING CONVEYED TO BOOK 602 PAGE697 THE CITY OF WAUKEE. IA PARCEL NO.: NE CORNER 16-03-100-034 I GOVERNMENT 16-03-100-006 GOVERNMENT LOT 5 I I r LOT 12 FND:CUT"X" Rlo GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 150 0 75 ljo 1 loch = ISO R. S83'32'43"Wi 50.37'(M) EXISTING WEST RIGHT—OF—WAY LINE FUTURE RIGHT—OF—WAY 100.00, w BEASLEY FARMS, INC. BK2005 PG4732 oLEGEND ♦ SECTION CORNER MONUMENT w FOUND (AS NOTED) • PROPERT MONUMENT FOUND WEST 20.00' — n (AS NOTED) EAST 70.00' (M)"AS OR BEARINGD" DISTANCE m (R) "AS RECORDED" DISTANCE Ef OR BEARING w PERPETUAL EASEMENT 6 SEGMENT 1 26.938 SQUARE FEET '� 6 SEGMENT 2 i2 26.458 SQUARE FEET 10 TOTAL AREA 53,396 SQUARE FEET S SW CORNER L NMENT 2 /2'REBAR 83'26' 28"`N(M�11_28' (M) S83 26 28 W 50.38'(M) I hereby certify that this Sand surveying document was prepared and the related survey Mark was porforeed by as or under my direct personal supervision and that I am a duty licensed Land Surveyor order the Ion Of the State Of Iowa. Signed Date Weddaleno. P.L.S. ,nee No. 19960 .e renewal date is December 31. 2017 I 13 � w � N N bi �I i I `0 I I I I a W a Q II Y SE CORNER I I i I 3.3J6'40"WNMEGOVER N FNDLO WPELLOW CA96 (M) 55( r SE CORNER GOVERNMENT LOT 12 CALCULATED POSITION VEENSTRA & KIMM,INC. 3000 WESTOWN PARKWAY WEST DES MOINES. IOWA 50266-1320 515-225-6000 EXHIBIT C SHEET 2 OF 4 PREPARED BY: VEENSTRA & KIMM, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-8000 RETURN TO: VEENSTRA & KIMM, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-0000 OWNER: EASEMENT DRAWING BEASLEY FARMS, INC. FOR WATER MAIN BEING CONVEYED TO NE CORNER BOOK 602 PAGE697 THE CITY OF WAUKEE, IA GOVERNMENT LOT PARCEL NO.: GOVERNMENT \ FND:5/8"GAS PIPE 16-03-100-034 PT. LOT 4 I I S83'35'27"W(R) W YELLOW 16-03-100-006 5EUME�� B � R;,366'0 Ml(M) C�P�J11582 N83'36'10' 88.31'(1 FND:5/8"REBAR --J W/ORANGE CAP#12265 S83-36.1 O'W(M) 41.70'(M) GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE BEASLEY FARMS, INC. BK2005 PG4732 0 0 ]6 1 Inch = 150 R CURVE TABLE CURVE LENGTH RADIUS CHD. BRG. CHORD C5 115.33' 700.00' S21'S3'35"E 1I5.20' CS 291.8W 617.00' N71'03'40'W 289.15' C] 14.29' ]83.00' N26'OS'20'W 14.29' a g� LEGEND ffi A SECTION CORNER MONUMENT FOUND (AS NOTED) • PROPERT MONUMENT FOUND (AS NOTED) (M) "AS MEASURED" DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING ® TEMPORARY EASEMENT SEGMENT 1 57,925 SQUARE FEET - SEGMENT 2 GOVERNMENT 39,688 SQUARE FEET LOT 12 TOTAL AREA I hereby certify that this land surveying document verfarrmearb medornunderamy directy Personal Ueryisionyand that I am a dul Igrasd Lena Surveyor under the lava of the State of Ions. Signed Date EXISTING WEST RIGHT-OF-WAY LINE FUTURE RIGHT-OF-WAY 100.00, PERPETUAL EASEMENT EXISTING EAST RIGHT-OF-WAY LINE WEST LINE IPA CEL'AA' (C NTERLINE \ ISE WACO PALCE) ED 1 0 O J Z Cr1 � Z ir F > j_ C1 F- O z N ul I 1 a I I ti 0) f 3 I— KIWI I iz 0 LU o %vIm J 0. QD N W Q V) 00 o I z co: N 0 I N Ww z M Wz o: 0jz- I ut c0 I I I i l j 3'32'43"W(M)�I C13,1.Sum 50.37'(M) T'FND:CUT"X" E CORNER 3'32'43"W(M) �I (OVERNMEN 33.24'(M)OT 5 I I WACO PLACE WATER MAIN EXTENS VEENSTRA S KIMM,INC. 3000 WESTOWN PARKWAY WEST DES MOINES. IOWA 50266-1320 515-225-8000 EXHIBIT C late is December 31. 2017 SHEET 3 OF 4 this Seal: Sheet 1 of 2 and Sheet 2 of 2 Rev/Bv WEST 13.00' EAST 83.00' PREPARED BY: VEENSTRA S KINK INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (5151 225-8000 RETURN TO: VEENSTRA S KINK INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - NIS) 225-8000 OWNER: EASEMENT DRAWING BEASLEY FARMS, INC. FOR WATER MAIN BEING CONVEYED TO BOOK 602 PAGE697 THE CITY OF WAUKEE, IA PARCEL NO.: . GOVERNMENT CORNERE2MENT 16-03-100-034 LOT 5 I I II LOT 1 16-03-100-006 GOVERNMENT I I' FND:CUT"X" 83.61'(M) EXISTING WEST RIGHT-OF-WAY LINE H GRID NORTH IOWA STATE PLANE FUTURE COORDINATE SYSTEM RIGHT-OF-WAY SOUTH ZONE 100.00' led d 75 110 PERPETUAL EASEMENT 1 loch = 150 8. n n 0 � BEASLEY FARMS, INC. BK2005 PG4732 oe LEGEND =1 • SECTION CORNER MONUMENT q FOUND (AS NOTED) o • PROPERT MONUMENT FOUND (AS NOTED) (M) "AS MEASURED" DISTANCE E OR BEARING ca (R) "AS RECORDED- DISTANCE upOR BEARING 6 ® TEMPORARY EASEMENT ;! SEGMENT 1 2 57.925 SQUARE FEET ti SEGMENT 2 ph�2�O 39,688 SQUARE FEET v 0 REA 9TOTAL 63 A1ASQUARE FEET a`�P'�tip p �G p5 SW CORNER GOVERNMENT LOT 12 FND:1/2"REBAR 583726'28"W(112t((M S83 26 28"W 83.63'(M) I hereby certify that this land surveying document was prepared and the related survey wark was performed by me or under my direct personal gvervislon and that I an a duly licensed Land Surveyor under the Ian of the State of I... Signed Date is December 31. 2017 seal: Sheet 1 of 2 one Sheet 2 of 2 17 W I ¢ i� I I 0 Cr IU a ¢ SE CORNER F GOVERNMENT D LOT it y FND:REBAR W/YELLOW I CAP�J 13156 3.36'40"W(M) 1311.55'( ) SE CORNER GOVERNMENT LOT 12 CALCULATED POSITION VEENSTRA 8 KINK INC. 3000 WESTOWN PARKWAY WEST DES MOINES. IOWA 50266-1320 515-225-8000 (EXHIBIT SHEET 4 OF 4