HomeMy WebLinkAbout2017-11-20-I03 Legacy Pointe Easement Vacation AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 20, 2017
AGENDA ITEM: Consideration of approval of a resolution approving the vacation of a portion
of a public utility easement and access easement [Legacy Pointe Plat 7]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the resolution
RECOMMENDATION: Approve the resolution
ATTACHMENTS: I. Proposed Resolution
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I3
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-
APPROVING THE VACATION OF A PORTION OF A PUBLIC UTILITY
EASEMENTAND ACCESS EASEMENT ACROSS LEGACY POINTE AT WAUKEE
PLAT 7
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, the City has previously approved a final plat for Legacy Pointe at Waukee Plat 7,
which included a Public Utility Easement recorded in Book 2004, Page 1287 and two access
easements recorded in Book 2004 Page 1281 and Book 2004 Page 1284 (collectively the
“Easements”); AND,
WHEREAS, it has been determined that the easements are no longer needed; AND,
WHEREAS, the property owner has requested that the easements as described in attached
Exhibit A be vacated.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
20th day of November, 2017, that it hereby approves the vacation of a portion of the Public
Utility Easement and Access Easements across Legacy Pointe at Waukee Plat 7.
____________________________
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
EXHIBIT A
EASEMENTS TO BE VACATED
40.00 foot wide Public Utility Easement (Book 2004, Page 1287)
A Portion of the 40.00 foot wide Public Utility Easement over, under, and across Outlot X of Legacy
Pointe at Waukee Plat 7, an Official Plat, Waukee, Dallas County, Iowa, being 20.00 feet on either side of
the following described centerline: Commencing at the Northeast corner of said Outlot X; thence
S00°06’45”W, along the east line of said Outlot X a distance of 136.58 feet to the Point of Beginning;
thence N90°00’00”W along the north line of said Lot 5, a distance of 12.12 feet; thence southwesterly
along the north line of said Lot 5 and along a 115.99 foot radius curve concave southerly, a distance of
51.50 feet, said curve having a chord bearing of S74°18’17”W and a chord length of 51.08 feet; thence
southwesterly along the north line of said Lot 5 and along a 100.00 foot radius curve concave
northwesterly, a distance of 31.37 feet, said curve having a chord bearing of S70°34’14”W and a chord
length of 31.24 feet; thence northwesterly along the north line of said Lot 5 and along a 507.00 foot
radius curve concave northerly, a distance of 185.16 feet to the northwest corner of said Lot 5 and to
the end of said centerline, said curve having a chord bearing of N89°58’50”W and a chord length of
184.14 feet.
AND,
40.00 foot wide Access Easement (Book 2004, Page 1281)
A 40.00 foot wide Access Easement over, under, and across Outlot Y and Outlot X of Legacy Pointe at
Waukee Plat 7, an Official Plat, Waukee, Dallas County, Iowa, being 20.00 feet on either side of the
following described centerline: Commencing at the Southwest corner of said Outlot Y; thence
N90°00’00” East along the south line of said Outlot Y a distance of 179.58 feet; thence N00°00’00”E, a
distance of 20.00 feet; thence N90°-00’00”W, a distance of 6.70 feet to the Point of Beginning: thence
Northwesterly along a 174.00 foot radius curve concave southwesterly a distance of 49.35 feet and to
the end of said centerline, said curve having a chord bearing of N24°39’00”W and a chord of 49.19 feet.
30.00 foot wide Access Easement (Book 2004, Page 1284)
A Portion of the 30.00 foot wide Access Easement over, under, and across Outlot X of Legacy Pointe at
Waukee Plat 7, an Official Plat, Waukee, Dallas County, Iowa, being 15.00 feet on either side of the
following described centerline: Commencing at the Northeast corner of said Outlot X; thence
S00°06’45”W, along the east line of said Outlot X a distance of 136.58 feet to the Point of Beginning;
thence N90°00’00”W along the north line of said Lot 5, a distance of 12.12 feet; thence southwesterly
along the north line of said Lot 5 and along a 115.99 foot radius curve concave southerly, a distance of
51.50 feet, said curve having a chord bearing of S74°18’17”W and a chord length of 51.08 feet; thence
southwesterly along the north line of said Lot 5 and along a 100.00 foot radius curve concave
northwesterly, a distance of 31.37 feet, said curve having a chord bearing of S70°34’14”W and a chord
length of 31.24 feet; thence northwesterly along the north line of said Lot 5 and along a 507.00 foot
radius curve concave northerly, a distance of 185.16 feet to the northwest corner of said Lot 5 and to
the end of said centerline, said curve having a chord bearing of N89°58’50”W and a chord length of
184.14 feet.