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Home My WebLink About2016-10-03-J01P SW Trunk Sewer Easement_OlesonNO V/aukee � W P THE KEY TO GOOD WING 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 Southwest Area Trunk Sewer Extension Project (Lyle and Diane Oleson) FORMAT: Resolution. SYNOPSIS INCLUDING PRO & CON: This is a temporary construction and perpetual sanitary sewer easement for the construction of the Southwest Area Trunk Sewer Extension Project FISCAL IMPACT INCLUDING COSTIBENEFIT ANALYSIS: $4,130.00 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 AND MEMO OF UNDERSTANDING ASSOCIATED WITH SOUTHWEST AREA TRUNK SEWER EXTENSION PROJECT [LYLE AND DIANE OLESON] 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 Easement is necessary for the purpose of construction of the Southwest Area Trunk Sewer Extension Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by Lyle and Diane Oleson 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 3`a day of October. 2016, that it hereby approves the Sanitary Sewer Easement and Memo of Understanding related to the Southwest Area Trunk Sewer Extension Project, with payment made by the City to property owner(s) Lyle and Diane Oleson in the amount of $4,130.00. 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: Travis J. Paul. Veenstra & Ki=. Jne., 3000 Westown Pkwv, West Des Moines, Iowa 50266 (515) 225-8000 SANITARY SEWER EASEMENT(S) KNOW TO ALL MEN BY THESE PRESENTS: Grant of Easement(s). The undersigned, Lyle William Oleson and Diane L. Oleson , (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of Four Thousand One Hundred Thirty and 00/100 Dollars $4,1( 30.00) 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 referred 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: Lot 4, Leonard's Subdivision, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa. Perpetual Easement Said perpetual easement being a strip easement 30.00 feet in width lying 15.00 feet on each side of the following described line or line extended: Commencing at the Northwest corner of said Lot 4; thence North 83°(degrees) 38'(minutes) 19"(seconds) East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), a distance of 185.74 feet along the North line of said Lot 4 to the point of beginning; thence South 54023'39" East, a distance of 91.04 feet; thence South 85'50'11" East, a distance of 121.12 feet to the East line of said Lot 4. The sidelines of said strip to be shortened or lengthened to terminate at the North and East lines of said Lot 4. Containing 6,365 square feet, more or less. Page 1 of 5 Temporary Easement Said temporary easement being more particularly described as follows: Commencing at the Northeast corner of said Lot 4; thence South 00°(degrees) 27'(minutes) 10"(seconds) West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), a distance of 58.54 feet along the East line of said Lot 4 to the point of beginning; thence continuing South 00"27' 10" West, a distance of 50.11 feet along said East line; thence North 85'50'11" West, a distance of 32.52 feet; thence South 04"09'49" West, a distance of 10.00 feet; thence North 85'50'11" West, a distance of 71.32 feet; thence North 54°23'39" West, a distance of 33.88 feet; thence North 04009'49" East, a distance of 42.33 feet; thence South 85'50'11" East, a distance of 129.50 feet to the point of beginning. Containing 3,318 square feet, more or less, excluding perpetual easement 2. Use and Pumose of Easement(s). This Easement shall be granted for the sole 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 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. 5. Running of Benefits and Burdens The terms and conditions of this Easement are binding upon the parties 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. 6. 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. 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. 8. 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 Lyle William Oleson and Diane L. Oleson, their heirs, assigns, successors -in -interest, or lessees, if any. 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. 10. 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. Page 3 of 5 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 �_ day of Se 20 / /n Lyle William Oleson and Diane L. Oleson Attest: City of Waukee F. Peard, Mayor Attest: Tim Moerman, City Administrator STATE OF IOWA ) ) SS: COUNTY OF DALLAS ) On this 9/-�- day of �,fmb< , 20—]L_, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Ly/• uolcsen L.biv$o 'o me personally known, and acknowledge the execution of said instrument as his voluntary act and deed. n n Notary JYublic in and for tlk State of Iowa STATE OF IOWA •♦� GARY D. ORDWAY F 0Dmm�abo Number 203055 )SS MyCommissbnF1 COUNTY OF DALLAS ) September 15, 20_ On this day of , 20. before me, the undersigned, a Notary Public in and for said County and State personally appeared William Peard and Tim Moerman, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Administrator 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 for the State of Iowa Page 5 of 5 PREPARED BY: VEENSTRA 6 KIR INC. - 3000 WESTOWN PARKWAY - EST DES MOINES, IOWA 50266-1320 - (515) 225-8000 EASEMENT DRAWING 6WRVIR FOR THE CITY OF WAUKEE. IOWA ADDRESS.: LYLE WILLIAM OLESON WAUKEE, IAAVENUE 50263 DIANE L. OLESON 200A PARE 7917 PAFDM 10: 1600100011 P.O.B. j NW CORNER 30. 00' LOT 6 NB3°38'19°E 1J 00 I N839@'S9'E�ial 465.7A' cn'TaR.iNl LL I I r,m GO' IRl P.O.C. (� NE CORNER,,.., NW CORNER.Y7-t,»' LOT 5 s¢� LOT 4 W NU WIVE N) - - NB3'10'00'EW1 mN I z i09.m' JR) 260.00' 0) p=jr)tn S54°23'39"E pI I k h v SB5'50' 11"E I vmml 91.04' 121.12' I I UI co 'IS Igoe I I D 4� Qy w w 1 �'�S�' O II ,4Z e� om.�. I r bL2ooa I� =Q O Nod �° ®'0 16.5' --�I TELEPHONE I ®oI N EASEMENT I z z l .39',10' E (N) 381.86', �00 N8®33�10 00 E lR)� 82(R� _—I- C TO TONWOOD DRIVE iI LEGEND ♦ FOUND SECTION CORNER MONUMENT AS NOTED • FOUND 1/2°REBAR W/YELLOW CAPOSSOB ■ FOUND 1/2°REBAR W/YELLOW CAPf4640 0 100 200 (M) 'AS MEASURED" DISTANCE GRID NORTH DR BEARING IOWA STATE PLANE YSTEM (R) 'AS RECORDED' DISTANCE COORDINATE NE) OR BEARING (SOUTH ZONE) PERPETUAL EASEMENT 6.355 SQUARE FEET DNB. NO. SANITARY SEWER EASEMENT IN LOT 4, LEONARD' S SUBDIVISION E-5 .An De11-10 k 1 OF 2 •. c, !!l11S�W • l9S92L18M OsW • lOPSOfdC50INkO� vnp,£ct amlrs PREPARED BY: YEENSTRA C KINK INC. - 3000 WESTOWN PARKWAY - NEST DES MOINES. IOWA 50266-1320 - (515) 225-80001 OWNEFL EASEMENT DRAWING FOR THE CITY OF WAUKEE, IOWA NW CORNER LYLE WILLIAM AND SW 1/4 NW 1/4 DIANE L. OLESON FOUND 1/2'REBAR W/YELLOW BOOK 2004 PAGE 7917 CAP#212106 S83,21S9'W (R) 1, 313.54'' (N) 1, 315.92 (R) 50.34_146R) O 3 P.O.C. WE CORNER I Inn LOT 4 18 N83'38', 39 pE lM) 2.00_(R) W. L2 ;ow <a, L5 I mm PERPETUAL —� i IL4 rim EASEMENT 1 22 Lu sa ti « UZJ NO `o <�c UJ Nw r Q4 �� I tiCi �- n TELEPHONEmI EASEMENT I .�i FJOO -- - COTTONWOOD DRIVE I LEGEND ♦ FOUND SECTION CORNER MONUMENT AS NOTED • FOUND 1/2"REBAR W/YELLOW CAP4446BOB ■ FOUND 1/2'REBAR W/YELLOW CAP414640 (M) "AS MEASURED' DISTANCE OR BEARING (R) 'AS RECOROED' DISTANCE OR BEARING ® TEMPORARY EASEMENT 2.081 SGUARE FEET LINE BEARING DISTANCE LS S00'27'iO'W 58.54' L2 500'27'f0'W 50.11' L3 NB5'50'ii'W 32.52' L4 SO4'09'49'W 10.00' L5 N85'5O'11'W 71.32' L6 N54'23'39'W 33.BB' I L7 N04'09'49'E 42,33' LB 585'50'11'E 129.50' GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM (SOUTH ZONE) 0 1011) 2,00 uwu. rcu. » r.� - - CONSTRUCTION EASEMENT IN LOT 4, LEONARD' S SUBDIVISION .� E-5 mom on re BB-41'98 A tom /AID ''� �wxx� m�ean�ewtiw�..mxbiv� 2 OF 2_ : �/ 515 J13-M7B456N0 • SWafNO OKM wm�cr zrax's MEMO OF UNDERSTANDING 1. Intent This memo of understanding is to outline and describe the procedures for restoring settlement and depression upon initial construction of the sanitary sewer across the property owned by Lyle and Diane Oleson (hereinafter referred to as the "Owner(s)") as part of the initial construction of the Southwest Area Trunk Sewer Extension project ("Project") by the City of Waukee, Iowa, a municipal corporation (hereinafter referred to as the "City"). 2. Surface Restoration Due to Settlement and Depression Upon the easements being executed by both parties, the City agrees that upon completion and acceptance by the City of the Southwest Area Trunk Sewer Extension project, and for a period of 2 (two) years following final acceptance by the City of the completed Project, that if any settlement or depression occurs within the easements conveyed by Property Owners for the project, the City will cause the contractor utilized for the Project to repair any such settlement or depressions that result from activities undertaken as part of said Project. I This memo of understanding is intended to explain and confirm how settlement and depression issues resulting within the easement areas where the Project is initially constructed will be addressed by the City. This Memorandum is not intended to alter the easements granted by Property Owners in any way but is intended instead to confirm the City's agreement relative to settlement and depression issues that occur or appear within 2 years after final acceptance of the Project by the City. Dated this 9:0 day o 10 41a4, 2016. Owner /O, &A� Lyle Wil ' Oleson City of Waukee John Gibson, Public Works Director