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Home My WebLink About2016-10-03-J01Q SW Trunk Sewer Easement_TaggartNO ■,4 Waukee 7r THE KEY 70 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 Southwest Area Trunk Sewer Extension Project (Thomas E. Taggart and Kathleen K. Taggart) 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 COSTBENEFIT ANALYSIS: $17,800 COMMISSIONBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson REVIEWED BY: 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 [THOMAS AND KATHLEEN TAGGART] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE, 10WA 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 Thomas and Kathleen Taggart 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`d 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) Thomas and Kathleen Taggart in the amount of $17,800.00. 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 & Kimm, Inc., 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, Thomas E. Taggart and Kathleen K. Taggart, (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of Seventeen Thousand Eight Hundred and 00/100 Dollars ($17,800.00), a sanitary service stub at manhole located nearest to Grantor's house for connection by Grantor free of charge, 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 3, 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 more particularly described as follows: Commencing at the Northwest corner of said Lot 3; thence North 83°(degrees) 38'(mimttes) 19"(seconds) East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 105.49 feet along the North line of said Lot 3 to the point of beginning; thence continuing North 83°38' 19" East, 88.31 feet along said North line; thence South 72°18' 17" East, 7230 feet; thence North 06°21'41" West, 29.47 feet to said North line; thence North 83°38' 19" East, 30.00 feet along said North line; thence South 06°2 P41" East, 38.16 feet; thence North 84°43' 19" East, 207.05 feet; thence South 54°23'39" East, 335.68 feet to the South line of said Lot 3; thence South 83038' 19" West, 53.84 feet along said South line; thence North 54023'39" West, 282.24 feet; thence South 84°43' 19" West, 211.95 feet; thence North 72°18' 17" West, 181.06 feet to the point of beginning. Containing 24,857 square feet, more or less. Page 1 of 5 Temporary Easement Said temporary easement being more particularly described as follows: Commencing at the Northwest corner of said Lot 3; thence North 83°(degrees) 38'(minutes) 19"(seconds) East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), 88.32 feet along the North tine of said Lot 3 to the point of beginning; thence continuing North 83°38' 19" East, 201.50 feet along said North line to the Northeast corner of above described perpetual easement; thence South 06°21'41" East, 38.16 feet along said perpetual easement; thence North 84°43' 19" East, 106.38 feet along said perpetual easement; thence North 05°16'41" West, 17.00 feet; thence North 84°43' 19" East, 118.46 feet; thence South 54°23'39" East, 39.38 feet; thence South 35°36'21" West, 65.00 feet; thence North 54023139" West, 15.15 feet; thence South 84043' 19" West, 208.56 feet; thence North 72°18' 17" West, 13.76 feet; thence North 15°56' 16" West, 8.41 feet to the South line of said perpetual easement; thence North 72°18' 17" West, 55.70 feet along said South line; thence South 16°04'04" West, 7.00 feet; thence North 72°18' 17" West, 137.05 feet to the point of beginning. Containing 7,416 square feet, more or less, excluding perpetual easement. 2. Use and Purpose 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. 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) including replacement of any damaged sewer service laterals, 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. 7. 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, employees, officers, and contractors. The term "Grantor(s)" shall refer to Thomas E. Taggart and Kathleen K. Taggart, their heirs, assigns, successors -in -interest, or lessees, if any. 9. 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 s ✓9 Dated this 2-t sr day rday of 'ri'/�� , 20 11 Thomas E. Taggart and Kathleen K. Taggart Thomas E. Taggart 'Kathleen K. Taggart Attest: STATE OF IOWA ) ) SS: COUNTY OF DALLAS ) City of Waukee William F. Peard, Mayor Attest: Tim Moerman, City Administrator On the 3 ) '51 day of` 4 Y 201 (.o , before me, the undersigned, a Notary Public in and for the State of personally appeared t,yr. r . :17EQ4iar± to me known to be the identical person(s) named in and who execht the foregoing instrument, and acknowledged that (he) (she) (they) executed the instrument as (his) (her) (their v e un_ta�ry act and ejd. ApP `sF BETH RICHARDSON \� a Commission Number 701731 Notary Public in and for the State of Iowa M=1nelres , owe On the .4:2L7� day of 2X 20-Lx , before me, the undersigned, a Notary Public in and for the State of _i- a personally appeared kh1&-- i i� . Tacr an r+ to me known to be the identical person(s) named in and who executed the or going instrument, and acknowledged that (he) (she) (they) executed the instrument as (his) (her) (their) voluntary , T„ DETH RICHARDSON Commission Number 701731 Notary Public in and for the State of Iowa f My Co is�i, . Expires Page 5 of 6 STATE OF IOWA ) )SS COUNTY OF DALLAS ) 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 6 of 6 PREPARED BY: VEENSTAA S KI.NN, INC. - 3000 WESTOWN PAPXWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-6000 EMENR DRAWNG ammt FOR THE CITY OF WAUKEE. IOWA BOOK 767 PAGE 850 THOMAS E. AND KATHLEEN K. TAGGART JTRS o LEONARD'S SUBDIVISIQjY._- ---, I � Q 2 i NB'3o OO' (NOR} ,E(R)I 99,E(NO N°, LLM. 200N83 00 E(R_� LS L2 L6 7 P. NW CO NW CORNER wwfm v-es! LOT 3 (• • "" P.D.B. I QN�o Cr® i^A i i FOUND CAPPED 9 mo�Ao PIN 0.65' SOUTH oosva L9 OF LINE E -- 53.7i' — 22 N63'38.19 E A} I 16399'E(N) I N83'90 00' 4 } O4 I '�` ) � ( oq 26 00, (w REPLAT OF LOTS 5 AN[ 7 OF LEDNARD'$ UBDIVIEION I •�— COTTONWOOD DRIVE—"---.,i.._---®-'—"—� LEGEND ® FOUND SECTION CORNER MONUMENT AS NOTED O FOUND 9/2"REBAR W/YELLOW CAPt6808 ® FOUND 1/2°REBAR W/YELLOW CAP04640 (M) 'AS MEASURED' DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING PERPETUAL EASEMENT 24,857 SQUARE FEET GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM (SOUTH ZONE) IIWE BEARING I DISTANCE L1 N83'38'19"E 105.49' L2 N83'38'19"E 68. 31, L3 S72'18'17"E 72.30' L4 NO6'21'41'W 29.47' L5 N83'38'19"E 30.00' L6 S06'29'41"E 38.16' L7 N84-43-19"E 207.05' L8 S54'23'39'E 335.68' L9 S83°38'19"W 53.94' L10 N54'23'39"W 282.24' L11 S84'43'19"W 211.95' L12 N72'18'17"W 181.06' D 2UD 400 �uE anoo• __ SANITARY SEWER EASEMENT IN DWG, NQ, LOT 3, LEONARD'S SUBDIVISION ogre-' os-za—m 1 OF 2 mmmalvuse.,,a.�r ° aanu>a,:�,.asse ,.c. O jump INS ss sarz�•rmaayag S-•a4c'A>� �,a,:r"v�res� PREPAIIEO BY: VEENSTRA B KINN, INC. - 3000 NESTOWN PARKNAY - NEST DES NOINES, IOWA 50266-1320 - (515) 2255-8000 EASEMENT DRAWWC FOR THE CITY OF WAUKEE,- IOWA BOOK 757 PAGE 860 THOMAS E. AND KATHLEEN K. TAGGART JTRS le/ I LEONARD'S SUSDIVISIM_-----`-•i — ® I 1 I � N83 ^3B' i8"E (M) I N83 SO OON6R�) N33i9 ag r„I '10 DO E. I a 200.00 ( N6 P.O.C. L7.- 3 PERPETUAL._ a\ NW CORNER ¢ L14 LOT 3 Iwwis r„ �.. Lii L10 f,4� Lii Liz \Few FOUND CAPPED PIN 0.65' SOUTH m®�� _-��-•� OF LIB OONN 53,71' z$ __ NB3°38'i8 E I I N83'3B'19"EN83'i0'00" as- I'll ! I I I 2 (� 9' . REPLAT OF L 5 5 AN� 7 OF LEONARD',� USE VISION J - COTTONWOOD DRIYE`^�--..,.L.-.-----"""-_ LEGEND • FOUND SECTION CORNER MONUMENT AS NOTED • FOUND 1/2"REBAR W/YELLOW CAP#6BOS ■ FOUND 1/2'REBAR W/YELLOW CAP#4640 (M) "AS MEASURED' DISTANCE OR BEARING (R) 'AS RECORDED" DISTANCE OR BEARING ® TEMPORARY EASEMENT 7.415 SQUARE FEET GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM (SOUTH ZONE) mil_ 0 200 400 dP CONSTRUCTION EASEMENT IN LOT 3, LEONARD'S SUBDIVISION E-Q wd� ae-,risT P aP�w,wAti,� rrussnror.�a»m•rsm 2 OF 2 p,C. 39 Si3Tb4SU10ffA�0 • 4d 9PD0 r1YflA7$ R10ECd zmsm 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 Thomas and Kathleen Taggart (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. 3. 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 /&4 day of �C' C'R6W , 2016 Owner Thomas aggart Kathleen K. Taggart City of Waukee John Gibson, Public Works Director