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Home My WebLink About2016-10-03-J01N NW Trunk Sewer Easement_Phillips-Hamilton1, ►4 Waukee �■� P THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 3, 2016 AGENDA ITEM: Consideration of approval of a resolution approving Sanitary Sewer Easement related to the Northwest Area Trunk Sewer Extension Project (Phillips - Hamilton, Inc.) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: This is the temporary construction and perpetual sanitary sewer casements for the construction of the Northwest Area Trunk Sewer Extension Project. This portion of the project will provide sewer to the bus facility and Clayton Property. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $22,492.40 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: PREPARED BY: REVIEWED BY: Easement Beth Richardson John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING SANITARY SEWER EASEMENT ASSOCIATED WITH NORTHWEST AREA TRUNK SEWER EXTENSION PROJECT, PHASE 1 [PHILLIPS-HAMILTON, INC.] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, 10WA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Mrmicipal 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 Project, Phase 1; 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 which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this -) day of October, 2016, that it hereby approves the Sanitary Sewer Easement related to the Northwest Area Trunk Sewer Extension Project, Phase 1, with payment made by the City to property owner(s) Phillips -Hamilton, Inc., in the amount of $22,492.40. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson Prepared by and Return to: Forrest S Aldrich Vecosh'a & Kinpn Inc 3000 Westown Pkwv, West Des Moines Iowa 50266 (515) 225 8000 SANITARY SEWER EASEMENT(S) KNOW TO ALL MEN BY TIIESE PRESENTS: I. Grant ofEasement(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 Twenty Two Thousand Four Hundred Ninety Two and 40/100 Dollars ($22 492 40) 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 refeiTed 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 Government Lots 1 and 4 in Section 6, Township 78 North, Range 26 West of the 51" 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 Government Lot 1; thence North 89°26'43" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 85.08 feet along the North line of said Government Lot 1; thence South 00°12'39" West, 50.00 feet to the Sduth right-of-way of 300"' Street, also known as University Avenue, said point being the point of beginning; thence South 00012'39" West, 1,404.09 feet; thence South 39°49'35" East, 44.45 feet to the West right-of-way of Ute Avenue, also known as 6"' Street and County Highway R22. The sidelines of said strip to be shortened or lengthened to terminate at the South right-of-way of 300"' Street and the West right-of-way of Ute Avenue. Containing 43,407 square feet or 0.99 acres, more or less Page l of Temporary Easement A temporary construction easement located in Government Lots 1 and 4 in Section 6, Township 78 North, Range 26 West of the 5°1 P.M., Dallas County, Iowa. Said temporary easement being more particularly described as follows: Commencing at the Northeast corner of said Government Lot 1; thence North 89026'43" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 64.44 feet along the North line of said Government Lot 1; thence South 00112'39" West, 50.00 feet to the intersection of the South right-of-way of 300°i Street, also known as University Avenue and the West right-of-way of Ute Avenue, also known as 6"' Street and County Highway R22, said point being the point of beginning; thence South 00005'43" East, 1,450.12 feet along said West right-of-way to the Northeast corner of a right-of-way easement described in Book 1999 on Page 11906 in the Dallas County Recorder's Office; thence North 89°57'04" West, 41.87 feet along the North line thereof, thence North 39°49'35" West, 41.65 feet; thence North 00°12'39" East, 1,418.89 feet to said South right-of-way of 3000' Street: thence South 89°26'43" East, 60.91 feet along said South right-of-way to the point of beginning, EXCEPT above described perpetual easement. Containing 50,138 square feet of 1.15 acres, more or less. 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. 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. Page 2 of 5 4. Right 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. 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. Running 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. 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 terms 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 term "Grantor(s)" shall refer to Phillips -Hamilton, Inc., their heirs, assigns, successors -in -interest, or lessees, if any. 10. Attorne y'sFees. 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, Page 3 of 5 1 1. Intearation. 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 15 Phillips -Hamilton, Inc. Attest: day of SephYV16" 20 I e /J reg I�cr/Pn'71 I A;f! Npp S jY., A%an, , �fa'ly Tejukll'It Person dnd title STATE OF;Q66h V)p S L ) SS: COUNTY OF n , ) Citv of Waukee William F. Peard, Mayor Attest: Moerinan, City Administrator On this 1 � day of , 20 It , before me, the undersigned, a Notary Public in and for said county and state, personally appeared t �, h i�ey.t(* me personally known, who, being by me duly swom, did state that they are the 'pl-t'S�of said corporation; that no seal has been procured by the said corporation; that said instru Int was si ned on behalf of said corporation by authority of its Board of Directors; and that said 61v�A as such officer acknowledge the execution of said instrument to be the voluntary act a deed of said cor o4At"„ It im votuntarily exec ted. .�-..b . "OFFICIAL SEAL" MAGALY BAUTISTA 4s V- Notary Public - State of Illinois a My Commission Expires March 19, 291a Notary PubliU in and For the State of-Iaiva.i\'�«s STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this clay of , 20_, before me, the undersigned, a Notary Public in and for said County and State personally appeared William Peard and Tim Moemian, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Adm inistrator 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 ` +he State of Iowa Page 5 of 5 PREPARED BY: VEENSTRA S KIMM. INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES. IOWA 50266-1320 - (515) 225-8000 RETURN TO: VEENSTRA S KIMM, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-8000 OWNEX EASEMENT DRAWING ADDPE88: PHILLIPS-HAMILTON. INC, FOR SANITARY SEWER EASEMENT INTERSECTION OF BOOK 581 PAGE 146 FOR THE CITY OF WAUKEE. IA 300th STREET AND PAPA:d Uc P.O.C. UTE AVE (CH R22) 1506200006 NE CORNER 1606200007 SECTIONE6TLOT 1 7B-26 FNO: NAIL OVER CONC. MONUMENT N89'26'43, 130.04 4 inn on- / SW CORNER SECTION 33-79-25 FND: 1/2' REBAR 300th STREET(UNIVERSITY AVENU 1. 429. 11—_---_--`--- NW CORNER GOVERNMENT LOT 2 SECTION 6-78-26 FND:1/2" REBAR v Al2� GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 0 200 400 LEGEND • FOUND SECTION CORNER AS NOTED PERPETUAL EASEMENT 43.407 SQUARE FEET N89'26' 43"W 85.08, L50 oz w'- P.O.B. 30, 00 15. 001 vc QI m N 0.P i � 10 S39 '49' 35 "E - 44.45' RIGHT-OF-WAY EASEMENT BK1999 PG1190G SE CORNER GOVERNMENT LOT 4 SECTION B-78-25 FND: CUT"X" m m 0 r` N Xl 3 r CD O O N SANITARY SEWER EASEMENT DWSm NO. IN GOVERNMENT LOTS i AND 4 SECTION 6-78-26 E 11 lell% A & pM llvc as eu.tmo�w�,..amssum 1 OF 2 �.c. Mi arsassamo arsazsuea rFwn sooaoaaaonw>A vw.acr z�.w PREPARED BY: VEENSTRA 6 KINK INC. - 3000 NESTONN PARKWAY - WEST DES MOINES, IOWA 502W IM - (515) 225-0000 RERUN TO: VEENSTRA 6 KINK INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 502W132D - (515) 225-6000 OWNER: EASEMENT DRAWNG Ammm: PHILLIPS-HAMILTON. INC. FOR SANITARY SEWER EASEMENT INTERSECTION OF FOR THE CITY OF WAUKEE. IA 300th STREET AND BOOK 561 PAK3E 146 PARCEL ID: 1606200006 1606200007 UTE AVE (CH R22) SW CORNER _ VV SECTION 33-79-25 FND:1/2" REBAR NB9'26'43' 64.44' 50.01 300th STREET (UNIVERSITY AVENUE) 1.429.11 NW CORNER GOVERNMENT LOT 2 SECTION 6-78-26 ti FWD: 1/2" REBAR OA 2112) G� O pp �G 0 LINE BEARING DISTANCE LS SQO'05'43"E 1450.32' L2 N69'57'04'W 41.87' L3 N39'49'35"W 41.65' L4 N00'12'39"E 1418.89' L5 S89'26'43"E 60.91' GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH TONE 1"=2Uq' a 200 400 LEGEND • FOUND SECTION CORNER AS NOTED ® TEMPORARY EASEMENT 50,138 SQUARE FEET 1 C1SO P,y w s x RIGHT—OF—WAY EASEMENT BK 1999 PG11906 I � SE CORNER GOVERNMENT LOT 4 SECTIDN 6-78-26 FWD: CUT"X" CONSTRUCTION EASEMENT IN GOVERNMENT LOTS 1 AND 4 SECTION 6-78-26 i a n m 0 0 m Al E-1 M VSTIN A KlW INC soroxwm.e+r�wa w.ea.aw�,�,.wxs�sm�I sis"vseaoo srsusaw avo �msnaoao nwis cnatct eocw