HomeMy WebLinkAbout2009-07-20-Ordinance 2651_Vacating Specific EasementsORDINANCE NO.2651
AN ORDINANCE VACATING SPECIFIC TEMPORARY
CONSTRUCTION EASEMENTS AND RELATED
SANITARY SEWER EASEMENTS AS DESCRIBED
HEREIN
WHEREAS,on the 6TH day of July,2009,pursuant to published notice as required by
law,the City Council has held a public hearing on a proposal to vacate certain temporary
construction easements and sanitary sewer easements within property legally described as
follows:
1.Easements located on property currently owned by Frank and Juliane Ross being
described as:
Vacated Perpetual Easement
Lot 18 and Outlot 18A,Painted Woods,an Official Plat,now included in and forming a part of
the City of Waukee,Dallas County,Iowa.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 as a point of reference at the Southwest comer of said Lot 18;thence North
02E21'37"West (all bearings assumed for purpose of this description only),a distance of
35.84 feet along the West line of said Lot 18 to the centerline of an existing sanitary
sewer easement as described in said Painted Woods,said point being the point of
beginning;thence South 75E42'00"East,a distance of 155.95 feet along said centerline;
thence North 80E07'31"East,a distance of 63.95 feet along said centerline to the East
line of said Outlot 18A.
Containing 6,600 square feet,more or less.
Vacated Temporary Easement
Lot 18 and Outlot 18A,Painted Woods,an Official Plat,now included in and forming a part of
the City of Waukee,Dallas County,Iowa.Said temporary easement being a strip easement
80.00 feet in width lying 35.00 feet on the North side and 45.00 feet on the South side of the
following described line or line extended:
Commencing as a point of reference at the Southwest comer of said Lot 18;thence North
02E21 '37"West (all bearings assumed for purpose of this description only),a distance of
35.84 feet along the West line of said Lot 18 to the centerline of an existing sanitary
sewer easement as described in said Painted Woods,said point being the point of
beginning;thence South 75E42'00"East,a distance of 155.95 feet along said centerline;
thence North 80EO?,31"East,a distance of63.95 feet along said centerline to the East
line of said Outlot 18A.
Containing 11,240 square feet,more or less,excluding perpetual easement.
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The City intends to vacate the Existing Sanitary Sewer Easement and Existing Temporary
Construction Easement for Lot 18 and Outlot l8A in Painted Woods as recorded in Book 2004
on Page 19618 in the Dallas County Recorder's Office,Iowa.
2.Easements located on property currently owned by Timothy and Deanna Curtis being
described as:
Vacated Perpetual Easement
Outlot 22A,Painted Woods,an Official Plat,now included in and forming a part ofthe City of
Waukee,Dallas County,Iowa.Said perpetual easement being a Ship easement 30.00 feet in
width lying 15.00 feet on each side of the following described line or line extended:
Commencing as a point of reference at the Northwest corner of said Outlot 22A;thence
South 06El7'44"West (all bearings assumed for purpose of this description only),a
distance of 84.89 feet along tile West line of said Outlot 22A to the centerline of an
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence North 86E3l'45"East,a distance of 128.66 feet along said
centerline to the West line of an existing water main,storm,sanitary sewer and
ingress/egress easement in said Outlot 22A.
Containing 3,860 square feet,more or less.
Vacated Temporary Easement
Outlot 22A,Painted Woods,an Official Plat,now included in and forming a part of the City of
Waukee,Dallas County,Iowa.Said temporary easement being a strip easement 80.00 feet in
width lying 35.00 feet on the North side and 45.00 feet on the South side of the following
described line or line extended:
Commencing as a point of reference at the Northwest corner of said Outlot 22A;thence
South 06El7'44"West (all bearings assumed for purpose of this description only),a
distance of 84.89 feet along the West line of said Outlot 22A to the centerline of an
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence North 86E3l'45"East,a distance of 128.66 feet along said
centerline to the West line of an existing water main,storm,sanitary sewer and
ingress/egress easement in said Outlot 22A.
Containing 6,480 square feet,more or less,excluding perpetual easement.
The City intends to vacate the Existing Sanitary Sewer Easement and Existing Temporary
Construction Easement for Outlot 22A in Painted Woods as recorded in Book 2004 on Page
19618 in the Dallas County Recorder's Office,Iowa.
3.Easements located on property currently owned by Paul and Mellisa Grossman being
described as:
Vacated Perpetual Easement
Outlot 23A,Painted Woods,an Official Plat,now included in and forming a part of the City of
Waukee,Dallas County,Iowa.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 as a point of reference at the Northeast comer of said Outlot 23A;thence
South 06EI7'44"West (all bearings assumed for purpose of this description only),a
distance of 84.89 feet along the East line of said Outlot 23A to the centerline of an
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence South 86E31'45"West,a distance ofl68.71 feet along said
centerline;thence North 42EIO'29"West,a distance of 6.77 feet along said centerline to
the West line of said Outlot 23A.
Containing 5,260 square feet,more or less.
Vacated Temporary Easement
Outlot 23A,Painted Woods,an Official Plat,now included in and forming a part of the City of
Waukee,Dallas County,Iowa.Said temporary easement being a strip easement 80.00 feet in
width lying 35.00 feet on the North side and 45.00 feet on the South side of the following
described line or line extended:
Commencing as a point of reference at the Northeast comer of said Outlot 23A;thence
South 06El7'44"West (all bearings assumed for purpose of this description only),a
distance of 84.89 feet along the East line of said Outlot 23A to the centerline of an
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence South 86E31'45"West,a distance of 168.71 feet along said
centerline;thence North 42EI 0'29"West,a distance of 6.77 feet along said centerline to
the West line of said Outlot 23A.
Containing 8,220 square feet,more or less,excluding perpetual easement.
The City intends to vacate the Existing Sanitary Sewer Easement and Existing Temporary
Construction Easement for Outlot 23A in Painted Woods as recorded in Book 2004 on Page
19618 in the Dallas County Recorder's Office,Iowa.
4.Easements located on property currently owned by Richard and Montse Madden being
described as:
Vacated Perpetual Easement
Outlot 24A,Painted Woods,an Official Plat,now included in and forming a part of the City of
Waukee,Dallas County,Iowa.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 as a point of reference at the Northeast comer of said Outlot 24A;thence
South 20EI4'47"West (all bearings assumed for purpose of this description only),a
distance of69.81 feet along the East line of said Outlot 24A to the centerline of an
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence North 42EIO'29"West,a distance of 170.1 0 feet along said
centerline to the West line of said Outlot 24A.
Containing 5,100 square feet,more or less.
Vacated Temporary Easement
Outlot 24A,Painted Woods,an Official Plat,now included in and forming a part of the City of
Waukee,Dallas County,Iowa.Said temporary easement being a strip easement 80.00 feet in
width lying 35.00 feet on the North side and 45.00 feet on the South side of the following
described line or line extended:
Commencing as a point of reference at the Northeast comer of said Outlot 24A;thence
South 20EI4'47"West (all bearings assumed for purpose of this description only),a
distance of 69.81 feet along the East line of said Outlot 24A to the centerline of an
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence North 42ElO'29"West,a distance ofl70.10 feet along said
centerline to the West line of said Outlot 24A.
Containing 7,430 square feet,more or less,excluding perpetual easement.
The City intends to vacate the Existing Sanitary Sewer Easement and Existing Temporary
Construction Easement within Outlot 24A in Painted Woods as recorded in Book 2004 on Page
19618 in the Dallas County Recorder's Office,Iowa.
WHEREAS,the City Council of the City of Polk City,Iowa,has determined that it is in
the best interests of the City to vacate said easement.
NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Waukee,
Iowa,as follows:
Section 1.The City of Waukee,Iowa,hereby vacates the following described temporary
construction easements and sanitary sewer easements:
1.Easements located on property currently owned by Frank and Juliane Ross being
described as:
Vacated Perpetual Easement
Lot 18 and Outlot 18A,Painted Woods,an Official Plat,now included in and forming a part of
the City of Waukee,Dallas County,Iowa.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 as a point of reference at the Southwest corner of said Lot 18;thence North
02E21'37"West (all bearings assumed for purpose of this description only),a distance of
35.84 feet along the West line of said Lot 18 to the centerline of an existing sanitary
sewer easement as described in said Painted Woods,said point being the point of
beginning;thence South 75E42'00"East,a distance of 155.95 feet along said centerline;
thence North 80EOT3l"East,a distance of 63.95 feet along said centerline to the East
line of said Outlot l8A.
Containing 6,600 square feet,more or less.
Vacated Temporary Easement
Lot 18 and Outlot l8A,Painted Woods,an Official Plat,now included in and forming a part of
the City ofWauleee,Dallas County,Iowa.Said temporary easement being a strip easement
80.00 feet in width lying 35.00 feet on the North side and 45.00 feet on the South side of the
following described line or line extended:
Commencing as a point of reference at the Southwest corner of said Lot 18;thence North
02E2l'37"West (all bearings assumed for purpose of this description only),a distance of
35.84 feet along the West line of said Lot 18 to the centerline of an existing sanitary
sewer easement as described in said Painted Woods,said point being the point of
beginning;thence South 75E42'00"East,a distance of 155.95 feet along said centerline;
thence North 80EOT3l"East,a distance of 63.95 feet along said centerline to the East
line of said Outlot l8A.
Containing 11,240 square feet,more or less,excluding perpetual easement.
The City intends to vacate the Existing Sanitary Sewer Easement and Existing Temporary
Construction Easement for Lot 18 and Outlot l8A in Painted Woods as recorded in Boole 2004
on Page 19618 in the Dallas County Recorder's Office,Iowa.
2.Easements located on property currently owned by Timothy and Demma Curtis being
described as:
Vacated Perpetual Easement
Outlot 22A,Painted Woods,an Official Plat,now included in and forming a part of the City of
Waukee,Dallas County,Iowa.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 as a point of reference at the Northwest comer of said Outlot 22A;thence
South 06ElT44"West (all bearings assumed for purpose of this description only),a
distance of 84.89 feet along the West line of said Outlot 22A to the centerline of an
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence North 86E3l '45"East,a distance of 128.66 feet along said
centerline to the West line of an existing water main,storm,sanitary sewer and
ingress/egress easement in said Outlot 22A.IContaining3,860 square feet,more or less.
Vacated Temporary Easement
Outlot 22A,Painted Woods,an Official Plat,now included in and forming a part of the City of
Waukee,Dallas County,Iowa.Said temporary easement being a strip easement 80.00 feet in
width lying 35.00 feet on the North side and 45.00 feet on the South side of the following
described line or line extended:
Commencing as a point of reference at the Northwest corner of said Outlot 22A;thence
South 06El7'44"West (all bearings assumed for purpose of this description only),a
distance of 84.89 feet along the West line of said Outlot 22A to the centerline of an
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence North 86E3l '45"East,a distance of 128.66 feet along said
centerline to the West line of an existing water main,storm,sanitary sewer and
ingress/egress easement in said Outlot 22A.
Containing 6,480 square feet,more or less,excluding perpetual easement.
The City intends to vacate the Existing Sanitary Sewer Easement and Existing Temporary
Construction Easement for Outlot 22A in Painted Woods as recorded in Book 2004 on Page
19618 in the Dallas County Recorder's Office,Iowa.
3.Easements located on property currently owned by Paul and Mellisa Grossman being
described as:
Vacated Perpetual Easement
Outlot 23A,Painted Woods,an Official Plat,now included in and forming a part of the City of
Waukee,Dallas County,Iowa.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 as a point of reference at the Northeast comer of said Outlot 23A;thence
South 06El7'44"West (all bearings assumed for purpose of this description only),a
distance of 84.89 feet along the East line of said Outlot 23A to the centerline of all
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence South 86E3l'45"West,a distance ofl68.7l feet along said
centerline;thence North 42ElO'29"West,a distance of 6.77 feet along said centerline to
the West line of said Outlot 23A.
Containing 5,260 square feet,more or less.
Vacated Temporary Easement
Outlot 23A,Painted Woods,an Official Plat,now included in alld forming a part of the City of
Waukee,Dallas County,Iowa.Said temporary easement being a strip easement 80.00 feet in
width lying 35.00 feet on the North side and 45.00 feet on the South side of the following
described line or line extended:
Commencing as a point of reference at the Northeast comer of said Outlot 23A;thence 'I
South 06El7'44"West (all bearings assumed for purpose of this description only),a
distance of 84.89 feet along the East line of said Outlot 23A to the centerline of an
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence South 86E31 '45"West,a distance of 168.71 feet along said
centerline;thence North 42E I 0'29"West,a distance of 6.77 feet along said centerline to
the West line of said Outlot 23A.
Containing 8,220 square feet,more or less,excluding perpetual easement.
The City intends to vacate the Existing Sanitary Sewer Easement and Existing Temporary
Construction Easement for Outlot 23A in Painted Woods as recorded in Book 2004 on Page
19618 in the Dallas County Recorder's Office,Iowa.
4.Easements located on property currently owned by Richard and Montse Madden being
described as:
Vacated Perpetual Easemeut
Outlot 24A,Painted Woods,an Official Plat,now included in and forming a part ofthe City of
Waukee,Dallas County,Iowa.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 as a point of reference at the Northeast comer of said Outlot 24A;thence
South 20E14'47"West (all bearings assumed for purpose of this description only),a
distance of 69.81 feet along the East line of said Outlot 24A to the centerline of an
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence North 42ElO'29"West,a distance of 170.10 feet along said
centerline to the West line of said Outlot 24A.
Containing 5,100 square feet,more or less.
Vacated Temporary Easement
Outlot 24A,Painted Woods,an Official Plat,now included in and forming a part of the City of
Waukee,Dallas County,Iowa.Said temporary easement being a strip easement 80.00 feet in
width lying 35.00 feet on the North side and 45.00 feet on the South side of the following
described line or line extended:
Commencing as a point of reference at the Northeast corner of said Outlot 24A;thence
South 20E14'47"West (all bearings assumed for purpose of this description only),a
distance of 69.81 feet along the East line of said Outlot 24A to the centerline of an
existing sanitary sewer easement as described in said Painted Woods,said point being the
point of beginning;thence North 42ElO'29"West,a distance of 170.10 feet along said
centerline to the West line of said Outlot 24A.]
Containing 7,430 square feet,more or less,excluding perpetual easement.
The City intends to vacate the Existing Sanitary Sewer Easement and Existing Temporary
Construction Easement within Outlot 24A in Painted Woods as recorded in Book 2004 on Page
19618 in the Dallas County Recorder's Office,Iowa.
Section 2.All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 3.This Ordinance shall be in effect upon its passage,approval and publication
as provided by law.
Section 4.Upon its effective date,the proof of publication of notice of public hearing for
these proceedings and this ordinance shall be recorded at the Dallas COlUItyrecorders office.It is
not necessary that this ordinance be included in the Waukee Municipal Code but shall be
maintained by the City Clerk in accordance with the City's policies related to maintenance of
official records.
PASSED AND APPROVED this 20th day of July,2009.
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