HomeMy WebLinkAbout2008-11-17-Resolutions 08-248_South Outfall Sewer - EasementsTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-248
RESOLUTION APPROVING AND ACCEPTING EASEMENTS RECEIVED FROM
PROPERTY OWNERS WITIDN THE SOUTH OUTFALL SEWER PROJECT
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA
WHRREAS,the City has received easements from several property owners identified within the
South Outfall Sewer Project area within the corporate limits of the City of Waukee granting the
City an easement in order for the City install and maintain a sanitary sewer over and under said
properties;AND,
WHEREAS,the City Council of the City of Waukee desires to approve said easements and
directs the Deputy City Clerk to file said easements of record with the Dallas County Recorder's
Office.
NOW BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
W AUKEE,IOWA,that the easements submitted by the property owners are attached hereto as
Exhibit A,and are hereby approved,subject to the terms and conditions set forth therein.
Passed by the City Council of the City of Waukee,Iowa,and approved this the 17th day of
November,2008.
Attest:
~.Kooistra,City Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN
//111111111111111 11111111111111111111 1111111111111/1111111111111111/111111111111111111111111111Book2008Page16004
Document 1613134Type EASE Pages 6
Date 12/135/213138 Time 113:134AM
Rec Amt $32.1313 MTG -
PCRF-
BKRf-
000 -
AUO -
Car-e I "C indy"Ho I,Recorder
Oal las County IOWA
Prepared By:Forrest S.Aldrich,Veenstra &Kimm,Inc.,3000 westown Parkway,West Des Moines,IA 50266 (515)225-8000
Return To:Veenstra &Kimm Inc.3000 Westown Parkway West Des Moines lA 50266 (515)225-8000
SANITARY SEWER EASEMENT(S)
Easement No.2
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant of Easemenus).
The undersigned,Thomas V.Fry,a single person,(hereinafter referred to as the
"Grantor(s)"),in consideration of the sum of Six Thousand Five Hundred Twenty-eight and
79/100 Dollars ($6,528.79)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:
LEGAL DESCRIPTION
Perpetual Easement
That part of the Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4)of Section 8,Township
78 North,Range 26 West of the 5t!'P.M.,Dallas County,Iowa,conveyed to owner(s)in Book 682
on Page 837 in the Dallas County Recorder's Office.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 Southeast comer of said Section 8;
thence North 00°39'25"East (all bearings referenced to Grid North Iowa State
Plane Coordinate System South Zone),a distance of 1,109.53 feet along the East
line of said SE 1/4 SE 1/4 to the point of beginning;thence South 85°26'12"West,
a distance of 145.50 feet;thence North 64°33'48"West,a distance of 128.00 feet;
thence North 34°33'48"West,a distance of 8.00 feet;thence
North 07°33'48"West,a distance of 124.06 feet to the North line of said
SE 1/4 SE 1/4.
Containing 12,170 square feet,more or less.
Page I of 5 Book 21313B Page 1613134
1 01 6
Temporary Easement
That part of the Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4)of Section 8,
Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,conveyed to owner(s)
in Book 682 on Page 837 in the Dallas County Recorder's Office.Said temporary easement
being a strip easement 100.00 feet in width lying 70.00 feet on the North and East side and 30.00
feet on the South and West side of the following described line or line extended:
Commencing as a point of reference at the Southeast comer of said Section 8;
thence North 00°39'25"East (all bearings referenced to Grid North Iowa State
Plane Coordinate System South Zone),a distance of 1,109.53 feet along the East
line of said SE 1/4 SE 1/4 to the point of beginning;thence
South 85°26'12"West,a distance of 145.50 feet;thence North 64°33'48"West,a
distance of 128.00 feet;thence North 34°33'48"West,a distance of 8.00 feet;
thence North 07°33'48"West,a distance of 124.06 feet to the North line of said
SE 1/4 SE 1/4.
Containing 25,330 square feet,more or less,excluding perpetual easement.
2.Use and Purpose of Easementts),
This Easement shall be granted for the purpose oflocating 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,building or new fence of any kind
whatsoever shall be erected upon property that is the subject of this Easement without the
express written consent ofthe 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 of5
Book 2008 Page 16004
2 of 6
4.Right of Access.
The City shall have the right of access to the Easement Area and have all rights of ingress
and egress within the Easement Area 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.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.
The City agrees to indemnify and hold harmless the Grantor(s)from and against any and
all claims or demands of third parties for liability,loss,damage,costs,expenses or attorney's
fees of any kind for acts or omissions of the City,its employees,agents or contractors arising out
of or otherwise related to the City's activities under 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.
7.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
Thomas V.Fry,their heirs,assigns,successors-in-interest,or lessees,if any.
Page 3 of5 Book 2008 Page 16004
3 of 6
10.Attorney's Fees.
The City may enforce this instrnment 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.
11.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.
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 berein including acknowledgment hereof shall be construed as in the
singnlar or plural number,and as masculine or feminine gender,according to the context.
Page 4 ofS Book 2008 Page 16004
4 of 6
Dated this __-I-!I1Y\day of ILJiJJVU ~V-,2ooL·
Grantor City of Waukee
STATE OF·-:C;;~o...J )
n )ss.
COUNTY OF ',vul \L..,)
On the .3 0 day of DG.~-{,20 ~'B ,before me,the undersigned,a Notary
~c in and for the J>taje of -l-i0w Qd personally appeared
-/\--.b~,5 V rv'--l ,
to me known to be the identidi person(s)named m and who executed the foregomg instrument,
and acknowledged that (he)(she)(they)executed the instrument as (his)(her)(their)voluntary
act and deed.
Notary Public in and for the State of
My commission expires 5-d--~b i 120
8~"..ANNA BORST;a~Commission No.734253
IOW~MyComm.Expires MaY2,2011
Page 5 of5 Book 2008 Page 16004
5 of 6
PREPARED BY:VEENSTRA &KIMM,INC,-3000 WESTOWNPARKWAY -WEST DES MOINES,IOWA 50266-1320 -15151 225-BOOO
ACQUISITION PLAT PARCEL NO,:
FOR PERPETUAL SANITARY SEWER EASEMENT 010 15-08-400-016 00FORTHECITYOFWAUKEE,IOWA
II
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OWNER:
THOMAS V.FRY
BOOK 682 PAGE 837
OWNER ADDRESS:
3023 SHAWNEE AVE
DES MOINES,IA 50310
~~~Io200 400
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SEC 8-78-26FNo:5/8"8AR
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P.O.C.SE CORNERSEC8-78-25FNo:8RASS DISC
LEGEND
I hereby certify that this land surveying documentwaspr-ener-ec and the related survey work seaperformedbymeorumlermydirectpersonal
supervision ana that I am a duly licensed LandSurveyorundertnelawsoftheStateofIowa.
Signed Date
Brian L.Yentes,P.l.5.Iowa License No.18370My1icenserenewaldate is December 31.2008
...FOUND SECTION CORNERMONUMENT(AS NOTED)
PERPETUAL EASEMENT
12.170 SO.FT.
TEMPORARY EASEMENT25.330s0.FT.
GRIO NORTHIOWASTATEPLANECOORDINATESYSTEM(SOUTH ZONE)
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SANITARY SEWER EASEMENT IN
SE 1/4 SE 1/4 SEC 8-78-26
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111/111111111/1111111111111111111/111 1//1111111/1111111111111 11111111111 1111/1/11/1//11 1111III/Book 2008 Page 16005
Document 16005 Type EASE Pages 6
Date 12/05/2008 Time 10:05 AMRecAmt$32.00 MTG-
PCRF-
BKRF-
ODD -
AUD -
Car o I "C indy"Ho I,Recorder
Dal las County IOWA
Prepared By:Forrest S.Aldrich,Veenstra &Kimm,Jnc.,3000 Westown Parkway,West Des Moines,lA 50266 (515)225-8000
Return To:Veenstra &Kimm Inc.3000 Westown Parkway West Des Moines lA 50266 (515)225-8000
SANITARY SEWER EASEMENTfS)
Easement No.3
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant of Easementrs).
The undersigned,Doris E.Fry,a single person,(hereinafter referred to as the "Grantor(s)"),
in consideration of the sum of Seven Thousand Five Hundred Four and 541100 Dollars
($7,504.54)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:
LEGAL DESCRIPTION
Perpetual Easement
That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4)of Section 8,Township
78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,conveyed to owner(s)in Book 81 I
on Page 637 in the Dallas County Recorder's Office.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
NE 1/4 SE 1/4;thence North 83°27'23"East (all bearings referenced to Grid
North Iowa State Plane Coordinate System South Zone),a distance of
1,030.28 feet along the South line of said NE 1/4 SE 1/4 to the point of beginning;
thence North 07°33'48"West,a distance of 267.94 feet;thence
North 29°33'48"West,a distance of 8.00 feet;thence North 51 °33'48"West,a
distance of 8.00 feet;thence North 74°33'48"West,a distance of 32.69 feet to the
West line of said owner(s)property.
Containing 9,500 square feet,more or less.
Page 1 of5
Book 2008 Page 16005
1 of 6
Temporary Easement
That part of the Northeast Quarter of the Southeast Quarter'(NE 1/4 SE 1/4)of Section 8,
Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,conveyed to owner(s)
in Book 81 I on Page 637 in the Dallas County Recorder's Office.Said temporary easement
being a strip easement 100.00 feet in width lying 70.00 feet on the North and East side and 30.00
feet on the South and West side of the following described line or line extended:
Commencing as a point of reference at the Southwest comer of said
NE 1/4 SE 1/4;thence North 83°27'23"East (all bearings referenced to Grid
North Iowa State Plane Coordinate System South Zone),a distance of
1,030.28 feet along the South line of said NE 1/4 SE 1/4 to the point of beginning;
thence North 07°33'48"West,a distance of 267.94 feet;thence
North 29°33'48"West,a distance of 8.00 feet;thence North 51 °33'48"West,a
distance of 8.00 feet;thence North 74°33'48"West,a distance of32.69 feet to the
West line of said owner(s)property.
Containing 25,160 square feet,more or less,excluding perpetual easement.
2.Use and Purpose ofEasementCs).
This Easement shall be granted for the purpose oflocating 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 huild additional Sewer(s)therein or to connect and/or join
Sewer(s)and appurtenances thereto)and to forever maintain Sewer(s)wlienever necessary
within the Easement(s)granted herein.No structure,building or new fence of any kind
whatsoever shall be erected upon property that is the subject of this Easement.without the
express written consent of the City.The City hereby acknowledges that an existing fence is
located crossing each end of the Easement Area.The City further grants the Grantor(s)the right
to maintain,repair,or replace said existing fence across the Easement Area.
The City shall provide a physical connection point to the sanitary sewer for a future
sanitary sewer extension at no cost to the Grantor(s).The Grantor(s)are hereby granted the right
to connect Grantor(s)existing residence to said connection point at Grantor(s)expense.The
connection shall be made by extending the City provided sewer stubont,with the same diameter
pipe as the sewer stub ant,to a standard manhole.The sewer service extended from the residence
shall connect to the manhole or tee into the sanitary sewer extension.The sanitary sewer
extension,manhole and sewer service will be at the Grantor(s)expense.
Pagelof5 Book 2008 Page 16005
2 of 6
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.
4.Right of Access.
The City shall have the right of access to the Easement Area and have all rights of ingress
and egress within the Easement Area 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.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.
The City agrees to indemnify and hold harmless the Grantor(s)from and against any and
all claims or demands of third parties for liability,loss,damage,costs,expenses or attorney's
fees of any kind for acts or omissions of the City,its employees,agents or contractors arising out
of or otherwise related to the City's activities under 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.
7.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.
Page 3 of5 Book 2008 Page 16005
3 of 6
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
Doris E.FlY,their heirs,assigns,successors-in-interest,or lessees,if any.
10.Attorney's Fees.
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.
II.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.
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 acknowledgment hereof shall be construed as in the
singular or plural number,and as masculine or feminine gender,according to .the context.
Page 4 of5 Book 2008 Page 16005
4 0\6
Dated this _------'-'-'--'I f-V\day of tJdvtM,f !,x,V ,200~.
Grantor City of Waukee
kl~
Doris E.Fry ~
STATE OF -:r;;\.J'::W..J )
COUNTY OF Pb II<.~ss.
On the ,3D dayofb~r
blic in and fpr)he State of-+-o~Ci0;,5 f /--('e.
,20D g ,before me,the undersigned,a Notary
,personally appeared
to me known to be the identical person(s)named in and who executed the foregoing instrument,
and acknowledged that (he)(she)(they)executed the instrument as (his)(her)(their)voluntary
act and deed.
Notary Public in and for the State of I
My commission expires5-~QO L ,20
~~'"ANNA BORST~a~Commission No.734253'rm~My Comm.Expires May 2,2011
Page 5 of5 Book 200B Page 16005
5 of 6
PREPARED BY:VEENSTRA s KINN.INC.-3000 WESTOWNPARKWAY -WEST DES NOINES,o
DORIS E.FRY
BOOK 811 PAGE 637
OWNER ADDRESS:
3023 SHAWNEE AVEDESMOINES,IA 50310
SURVEY NOTE
IOWA 50266-1320 -15151 225-BOOO
ACQUISITION PLAT
FOR PERPETUAL SANITARY SEWER EASEMENTFORTHECITYOFWAUKEE,IOWA
PARCEL NO.:
010 16-08-~00-006 00
PROPORTIONED NORTH LINE OF NE 1/~SE 1/~AND SOUTH LINE OF NE 1/~SE 1/4 8ASED ONFOUNDSECTIONCORNERS
1DENTON12006-157921 I
GROSS2003-17679
1
1
1
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1P.O.C~SW CORNER
NE 1/~SE 1/~SEC B 7B-26FNO:/B"BAR
W/YEL~DW CAP#B03~
1
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NB3'27'23"E
----I,316.00:I~)
sE 1/~SE ~~~1322.99
SEC 8-78-
I hereby certify that this Janel surveying documentwaspreparedandtheeeteteusurvevworkwasperfol'mell by me or oneer my direct personal
supervision and that I alll a duly licensed Land5uI'veyor uOller tne laws of the State of tcae.
Signed Oate
Brian L.ventee.P.L,S.
Iowa License No.16370Mylicenserenewaldate is December 31.2008
GRID NORTHIOWASTATEPLANECOOROINATESYSTEM(SOUTH ZONE)
E 1/~
SEC 8-78-26FNO:5/8"BAR
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-----7SW1/~sw 1/SEC 9-78-26
SE CORNERSECB-78-25FND:BRASS DISC
LEGEND
{OJ "AS DEEDED"DISTANCE
OR BEARING
(M)"AS MEASURED"DISTANCE
OR BEARING
..FOUND SECTION CORNER
MONUMENT (AS NOTED)
~PERPETUAL EASEMENT~9,500 so.rr ,
~TEMPORARY EASEMENT~25.160 so.rr.
1111111 1111/l1li1 1111111111 1/1111111111111 III/11111 11111 11111 111111 /1111 III/I 1111/11111 111/1111Book2008Page16006
Document 16006 Type EASE Pages 6
Date 12/05/2008 Time 10:07 AMRecAmt$32.00 MTG -PCRF-
BKRF-
ODD -
AUD -
Caro I "C indy"Ho I,RecorderDallasCountyIOWA
Prepared By:Forrest S,Aldrich,Veenstra &Kimm,Inc.,3000 Westown Parkway,West Des Moines,lA 50266 (515)22S~8000
Return To:veenstm&Kjmm Inc.3000WestownParkway WestDesMoines IA 50266 (515)225-8000
SANITARY SEWER EASEMENTCS)
Easement No.4
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant ofEasementCs1.
The undersigned,Leonard Scott Gross and Jackie Gross (fin/a Jackie Standley).husband
and wife.(hereinafter referred to as the "Grantor(s)"),in consideration of the sum of Eight
Thousand Five Hundred and 76/100 Dollars ($8,500.76)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:
LEGAL DESCRIPTION
Perpetual Easement
That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4)of Section 8,Township
78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,conveyed to owner(s)in Book 2003
on Page 17679 in the Dallas County Recorder's Office,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
NE 1/4 SE 1/4;thence North 83°27'23"East (all bearings referenced to Grid
North Iowa State Plane Coordinate System South Zone),a distance of 958.71 feet
along the South line of said NE 1/4 SE 1/4 to the East line of said owner(s)
property;thence North 01°08'44"West,a distance of 294.45 feet along said East
line to the point of beginning;thence North 74°33'48"West,a distance of
390.49 feet to the West line of said owner(s)property.
Containing 11,710 square feet,more or less.
Page I of5
Book 2008 Page 16006
1 of 6
Temporary Easement
That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4)of Section 8,
Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,conveyed to owner(s)
in Book 2003 on Page 17679 in the Dallas County Recorder's Office.Said temporary easement
being a strip easement 100.00 feet in width lying 70.00 feet on the North side and 30.00 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
NE 1/4 SE 1/4;thence North 83°27'23"East (all bearings referenced to Grid
North Iowa State Plane Coordinate System South Zone),a distance of 958.71 feet
along the South line of said NE 1/4 SE 1/4 to the East line of said owner(s)
property;thence North 01°08'44"West,a distance of 294.45 feet along said East
line to the point of beginning;thence North 74°33'48"West,a distance of
390.49 feet to the West line of said owner(s)property.
Containing 27,260 square feet,more or less,excluding perpetual easement.
2.Use and Purpose of Easemenns),
This Easement shall be granted for the purpose oflocating 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,building or new fence of any kind
whatsoever shall be erected upon property that is the subj ect of this Easement without the
express written consent of the City.
The City shall provide a physical connection point to the sanitary sewer for a future
sanitary sewer extension at no cost to the Grantor(s).The Grantor(s)are hereby granted the right
to connect Grantor(s)existing residence to said connection point at Grantor(s)expense.The
connection shall be made by extending the City provided sewer stubout,with the same diameter
pipe as the sewer stubout,to a standard manhole.The sewer service extended from the residence
shall connect to the manhole or tee into the sanitary sewer extension.The sanitary sewer
extension,manhole and sewer service will be at the Grantor(s)expense.
Page 2 ofS
Book 2008 Page 16006
2 of 6
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.
4.Right of Access.
The City shall have the right of access to the Easement Area and have all rights of ingress
and egress within the Easement Area 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.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.
The City agrees to indemnify and hold harmless the Grantor(s)from and against any and
all claims or demands of third parties for liability,loss,damage,costs,expenses or attorney's
fees of any kind for acts or omissions of the City,its employees,agents or contractors arising out
of or otherwise related to the City's activities under 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.
7.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.
Page 3 of5
Book 2008 Page 16006
3 of 6
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
Leonard Scott Gross and Jackie Gross (fin/a Jackie Standley),corporation,their heirs,assigns,
successors-in-interest,or lessees,if any.
10.Attorney's Fees.
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.
11.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.
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 relinqnishes all rights of dower,homestead and distributive
share,if any,in and to the interests conveyed by this Easement.
Words and phrases herein including acknowledgment hereof shall be construed as in the
singular or plural number,and as masculine or feminine gender,according to the context.
Page 4 of5
Book 2008 Page 16006
4 01 6
Dated this _-"",-I '-1'0>---.:-day of _)JOJ CUt WJ ~200 ag .
Grantor City of Waukee
Jackie Gross (fin/a Jackie Standley)
STATEOF~)
)ss.
COUNTYOFDqgMAJ )
On the 02/day of OIl!tJ bLr ,20 Ci ez ,before me,the undersigned,a Notary
PUbc:&d for the S~f :JZJ/I.)~personally:!eared
1Z1I.ld MLV '-fff!fJ/§u.nw/),,
REBECCA SLATER
:\Con.nlsslclll Number 751082••MY Commission expires
ow l'ebruary 7,2011 No Public in and for the Site of
My commission expires .2 '1 ,2011 t)
Page 5 oi5
Book 2008 Page 16006
5 of 6
t
PREPARED 8Y:VEENSTRA &KfMM,fNC,..3000 WESTOWNPARKWAY -WEST DES MOINES,
ACQUISmON PLAT
IOWA 50266-1320"1515)225-8000
OWNER:
LEONARD SCOTT GROSSJACKIEGROSS FOR PERPETUAL SANITARY SEWER EASEMENT
BOOK 2003 PAGE I7679 FOR THE CITY OF WAUKEE,IOWA
OWNERADDREBS:
31SS0 TIMSER RIDGE TRAILWAUKEE,IA 50263
SURVEY NOTE
PARCel NO.:
010 16-0S-400-005 00
o 200 400
GRID NORTHIOWASTATEPLANECOOROINATESYSTEM(SOUTH ZONEI
I IP.O,C.,ISWC08NERI
NE 1/~SE 1/4 ISECS78-26 N01'OS'44"WFND:/S"BARW/YEL40W CAP#B034I 294,45'
N8l['2~'23"E 359 19'to)95 ,71 394,04'(0 357'..5.9'l\:!l_-.l-f-
236,9B'(0)391.96.:..Q:!L-_:sv.----
235,73:,.(101)-----I_1-.----\
-NB3 '27'2'3"£
1 316,00'(toll
sE 1/4 SE 1/4 1322,99'to)
SEC B-7B-26
PROPORTIONED NORTH LINE OF NE 1/4 SE 1/4ANDSOUTHLINE-OF NE 1/4 SE 1/4 BASED ONFOUNDSECTIONCORNERS
E 1/4SECB-78-26FNO:5/S"BAR
DENTON I
2006-15792:
130,
5'
HAMIL TON IS27-361 r
I
I
FRYB11-637
N74'33'4B"W39q,49'
P,O,B,
SE CORNERSECB-7S-26FND:BRASS DISC
LEGEND
to)"AS OEEOEO~DISTANCEORBEA-RING
(M)."AS HEASUREO·DISTANCEORBEARING
..FOUND SECTION CORNERMONUMENTlASNOTED)
~PERPETUAL EASEMENT11,710 90.FT.
~TEMPORARY EASEMENT~27,260 90.FT.
I hereby cll'rtify thllt tfue lanll surveying uecusent'liDS preperetl end tile related survey Hork JoIl1SperforlledbyllIeorunderIllydir9ctpersonal
SUPllfvlSlon ano that 1 8l1l II duly HCBnslid Lam!Surveyor under tile laNs of the State of IOWB,
Signed Data
Brian L,ventee.P.L.S.
Iowa t.teenee NO.16370Myrrceneerenewaloate 18 Decem_ber 31,2006
IIIII~I
"'I~I
II1III
w,'
U1lD"'-,"0"'l'1'lD
~ni
Rl!Y I OB-26-na:SlUFfED COHSTFlUCHlIIf BOUNOAflV
""...t"·200·"VDC.....r..
'"""'""'-,~""""'".."07~I6-C8 VffNSJIA "KlMM,INC.II.C,
SANITARY SEWER EASEMENT IN
PT,NE 1/4 SE 1/4 SEC 8-78-26
DWG,NO,
REV 2
E-4
JOOOWaItDoJmI"arlrMy West DBI/IfoIlles.IowaJ02'f6..1320 1 OF 1
SJ5-225-IJOOO.SIS-U507a4a(F!JO.400-24I-aooolWAT.S)PfIOJECT l!7~t92
Book 2008 Page 16006
6 of 6
J
111/111111111/1111111111111 11111111111111111/1 1111111111 111111111111111111111 11111 1111111/11111Book2008Page16007
Document 16007 Type EASE Pages 6
Date 12/05/2008 Time 10:08 AM
Rec Amt $3200
Caro I "C indy"Ho I,Recor der-
Dal las County IOWA
Prepared By:Forrest S.Aldrich.Veenstra &Kimm,Inc.,3000 Westown Parkway,West Des Moines,IA 50266 (515)225-8000
ReturnTpo Veens1nb&.JGmm Inc.300[}Westcwn Parkway West Des Moines IA 50266 (515)225-8000
SANITARY SEWER EASEMENTfS)
Easement No.5
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant ofEasement(s).
The undersigned,Scott David Denton and Stephanie Suzanne Denton,husband and wife,
(hereinafterreferred to as the "Grantor(s)"),in consideration of the sum of Six Thousand Twenty-
Eigh and 031100 Dollars ($6,028.03)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:
LEGAL DESCRIPTION
Perpetual Easement
That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 114)of Section 8,Township
78 North,Range 26 West ofthe 5th P.M.,Dallas County,Iowa,conveyed to owner(s)in Book 2006
on Page 15792 in the Dallas County Recorder's Office,said property deeded as the East 235 feet of
the West 565 feet of said NE 114 SE 114.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:
Connnencing as a point of reference at the Southwest comer of said NE 114SE 114;thence
North 83°27'23"East (all bearings referenced to Grid North Iowa State Plane Coordinate
System South Zone),a distance of 556.75 feet along the South line of said NE 114SE 114to
the East line of said owner(s)property;thence North 00°55'15"East,a distance of
443.06 feet along said East line to the point of beginning;thence North 74°33'48"West,a
distance of241.65 feet to the West line of said owner(s)property.
Containing 7,250 square feet,more or less.
Page 1 of5
Book 2008 Page 16007
1 of 6
MTG -
PCRF-
BKRF-
ODD
AUD -
Temporary Easement
That part ofthe Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4)of Section 8,
Township 78 North,Range 26 West ofthe 5th P.M.,Dallas County,Iowa,conveyed to owner(s)
in Book 2006 on Page 15792 in the Dallas County Recorder's Office,said property deeded as the
East 235 feet of the West 565 feet of said NE 1/4 SE 1/4.Said temporary easement being a strip
easement 100.00 feet in width lying 70.00 feet on the North side and 30.00 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 NE 1/4 SE 1/4;
thence North 83°27'23"East (all bearings referenced to Grid North Iowa State Plane
Coordinate System South Zone),a distance of556.75 feet along the South line of said NE
1/4 SE 1/4 to the East line of said owner(s)property;thence North 00°55'15"East,a
distance of 443.06 feet along said East line to the point of beginning;thence
North 74°33'48"West;a:distance of241.65 feet to the West line of said owner(s)
property.
Containing 16,920 square feet,more or less,excluding perpetual easement.
2.Use and Purpose of Easement Is).
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,building or new fence of any kind
whatsoever shall be erected upon property that is the subject of this Easement without the
express written consent ofthe City.The City hereby acknowledges that an existing fence crosses
each end of the Easement Area.The City further grants the Grantor(s)the right to maintain,
repair,or replace said existing fences across the Easement Area.
The City shall provide a physical connection point to the sanitary sewer for a future
sanitary sewer extension at no cost to the Grantor(s).The Grantor(s)are hereby granted the right
to connect Grantor(s)existing residence to said connection point at Grantor(s)expense.The
connection shall be made by extending the City provided sewer stubout,with the same diameter
pipe as the sewer stubout,to a standard manhole.The sewer service extended from the residence
shall connect to the manhole or tee into the sanitary sewer extension.The sanitary sewer
extension,manhole and sewer service will be at the Grantor(s)expense.
Page 2 of5
Book 2008 Page 16007
2 of 6
3.Maintenance.
After the initial construction ofthe 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.
4.Right of Access.
The City shall have the right of access to the Easement Area and have all rights of ingress
and egress within the Easement Area 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.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.
The City agrees to indemnify and hold harmless the Grantor(s)from and against any and
all claims or demands of third parties for liability,loss,damage,costs,expenses or attorney's
fees of any kind for acts or omissions of the City,its employees,agents or contractors arising out
of or otherwise related to the City's activities under 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.
Page 3 of5
Book 2008 Page 16007
3 of 6
7.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
Scott David Denton and Stephanie Suzanne Denton,their heirs,assigns,successors-in-interest,
or lessees,if any.
10.Attorney's Fees.
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.
11.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.
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 acknowledgment hereof shall be construed as in the
singular or plural number,and as masculine or feminine gender,according to the context.
Page 4 ofS
Book 2008 Page 16007
4 of 6
Dated this __~I--,-I-,-·ft1-,--__day of )J6J (Uj 19i(
Grantor
Scott David Denton
~~~~
Stephanie Suzanne Denton J e
)
)ss.
)
On the 2QtI)day of ()(,fP ~(,20 of>,before me,the undersigned,a Notary
Public in ansi for ~'1State of:]Wl1t _'.v.eIsonl\.llyappeared !.u
Stb1\D41J1c.\Il'~and~I1qHl(1(UIlHU tXktLlLlJL._-'-----__,
to me known to be the identical pe~)named in and who executed the foreg~instrument,
and acknowledged that (he)(she)~executed the instrument as (his)(her)~voluntary
act and deed.
STATE OF 1"cUft{
COUNTY OF CBllas
i)REBECCA D.SCHUETTf:\Commission Number 7160496••My Commission Elq>Ires
ow May 13,2011 Notary Public in and for the State of
My commission expires 05j/3 ,20 II
Page 5 of5
Book 2008 Page 16007
5 of 6
PREPARED BY:VEENSTRA &KIMM,
ACQUISITION PLAT
HAMILTON827-361
INC.-3000 WESTOWNPARKWAY -WEST DES WOINES,IOWA 50266-1320 -1515)225-BOOO
PARCEL NO.:
010 16-08-400-004 00
400
GRIO NORTHIOWASTATEPLANECOORDINATESYSTEM(SOUTH ZONE)o 200
OWNER:
SCOTT DAVID OENTONSTEPHANIESUZANNEDENTON FOR PERPETUAL SANITARY SEWER EASEMENT
BOOK 2006 PAGE 15792 FOR THE CITY OF WAUKEE,IOWA
OWNER ADDRESS:
3180 TIM8ER RIDGE TRAILWAUKEE,IA 50263
SURVEY NOTE
PROPORTIONED NORTH LINE OF NE 1/4 SE 1/4ANDSOUTHLINEOFNE1/4 SE 1/4 8ASED ONFOUNDSECTIONCORNERS
,
I
I
I
NOO '55'15"E I443.06'I
I
I 359 19'(0)
394.04'(0)I 357'.2ll.·.J!:ll--I
391.~·(ML_--L--~in,
_--0
,m~---N83'27·2·3"E SE CORNER ~
I 316.00'iM)SEC 8-78-26i322.99'(0)FND:'8RASS DISC
LEGEND
(OJ "AS DEEDED"DISTANCEORBEARING
(/oil -AS MEASUREO·DISTANCEDRBEARING
...FOUND SECTION CORNEAMONUMENT(AS NOTEDl-.:mm PERPETUAL EASEMENT7,250 50,FT,
~""",rq Ie TEMPORARY EASEMENT
16.920 SIJ,FT.
III1
IIII
JII
JIII
~
JI1
I-l
I DENTON I,2006-15792 'I I
I I I\>-I /0\;q,0
.,I\>-Ib'GROSS_«-!<"v,2003-17679-c-c;I
,
P.D.C.ISWCORNER,
NE 1/4 SE Ij4SEC8-78-26'FNO:5/S"8AW/YELLOW CAR#S034,
N83 '27''~"E556.7
.236.9B',
332.7B.\~\...l.3~.:-72 1M33\.02 __-----
SE 1/4 SE 1/4SEC8-78-26
E 1/4SEC8-78-26FNO;5/8"8AR
I
I
I
N74'33'48"W!241.65'
FRY811-637
P.D.S.
r hereby certify that true rem surveying encunenrliespreparedenutherelatedsurveyworkwasperforlOll(l by lIIe or under Illy direct peesonetsupervisionimllthatIamadulynceneeuLandSurveyorunderthelilNSoftheStateof101la,
Signed Date
Brilln L.ventee.P.L.S,
Iowi!License No.18370
Ny license renewal date is December 3t 2008
OWG.NO.
REv \
[-5
3000 WeRmrm Parlrway WMt:Des Molner,Iowa 50266-1320 1 OF 1
S150225-BDOO.S'5-22~7&0(fAA).800-241..aOOO(WATS)~,:::"",,-'_:::,,-=':"_,-',,-,,-l,
SANITARY SEWER EASEMENT INPT.NE j/4 SE 1/4 SEC 8-78-26
DATE 07~16wll8I-:,-:.o.--'--'--j VEENSTRA &/(JAlAl,INC.
II
~I
III.Iroo
m~'"~
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mlON~
ma"'''',lOo.§iN
I
Book 2008 Page 16007
6 of 6
\'.i'J
'-..--:J IIi{
.r "i
.;
111111111111111//1111111111 1111111111111111111 111111/11111111111/111111111111 1111111111 1111111/Book 2008 Page 16008
Document 16008 Type EASE Pages 6
Date 12/05/2008 Time 10:08 AM
Rec Amt $32.00
Caro I "C indy"Ho I,Recorder
Dal las County IOWA
Prepared By:Forrest S.Aldrich,Veenstra &Kirnm,Inc.,3000 Westown Parkway,West Des Moines,lA 50266 (515)225·8000
Return To:Veenstra &Kimm Inc 3000 Westown Parkway West Des Moines lA 50266 (SIS)225~8000
SANITARY SEWER EASEMENTfS)
Easement No.6
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant of Easemenus).
The undersigned,Neil D.Hamilton and Khanh B.Hamilton,husband and wife,(hereinafter
referred to as the "Grantor(s)"),in consideration of the sum of Seven Thousand Six Hundred
Forty-seven and 731100 Dollars ($7,647.73)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
perpetnal 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:
LEGAL DESCRIPTION
Perpetual Easement
That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4)of Section 8,Township
78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,conveyed to owner(s)in Book 827
on Page 361 in the Dallas County Recorder's Office,said property deeded as the West 330 feet of
the West 565 feet of said NE 1/4 SE 1/4,Said perpetnal 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
NE 1/4 SE 1/4;thence North 83°27'23"East (all bearings referenced to Grid
North Iowa State Plane Coordinate System South Zone),a distance of 331.02 feet
along the South line of said NE 1/4 SE 114 to the East line of said owner(s)
property;thence North 00°53'58"East,a distance of 534.25 feet along said East
line to the point of beginning;·thence North 74°33'48"West,a distance of
249.18 feet;thence South 89°26'12"West,a distance of 87.40 feet to the West
line of said owner(s)property.
Containing 10,200 square feet,more or less.
Pagelof5
MTG -
PCRF-
BKRF-
ODD -
AUD -
Book 2008 Page ~6008
1 of 6
Temporary Easement
That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4)of Section 8,
Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,conveyed to owner(s)
in Book 827 on Page 361 in the Dallas County Recorder's Office,said property deeded as the
West 330 feet of the West 565 feet of said NE 1/4 SE 1/4.Said temporary easement being a strip
easement 100.00 feet in width lying 70.00 feet on the North side and 30.00 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
NE 1/4 SE 1/4;thence North 83°27'23"East (all bearings referenced to Grid
North Iowa State Plane Coordinate System South Zone),a distance of 331.02 feet
along the South line of said NE 1/4 SE 1/4 to the East line of said owner(s)
property;thence North 00°53'58"East,a distance of 534.25 feet along said East
line to the point of beginning;thence North 74°33'48"West,a distance of
249.18 feet;thence South 89°26'12"West,a distance of 87.40 feet to the West
line of said owner(s)property.
Containing 23,550 square feet,more or less,excluding perpetual easement.
2.Use and Purpose ofEasementfs).
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,building or new fence of any kind
whatsoever shall be erected upon property that is the subject of this Easement without the
express written consent of the City.
The City shall provide a physical connection point to the sanitary sewer for a future
sanitary sewer extension at no cost to the Grantor(s).The Grantor(s)are hereby granted the right
to connect Grantor(s)existing residence to said connection point at Grantor(s)expense.The
connection shall be made by extending the City provided sewer stubout,with the same diameter
pipe as the sewer stubout,to a standard manhole.The sewer service extended from the residence
shall connect to the manhole or tee into the sanitary sewer extension.The sanitary sewer
extension,manhole and sewer service will be at the Grantor(s)expense.
Page 2 of5
Book 2008 Page 16008
2 of 6
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 andlor 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.
4.Right of Access.
The City shall have the right of access to the Easement Area and have all rights of ingress
and egress within the Easement Area 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.Hold Harmless.
The Grantor(s)agrees to indemnify and hold hanuless 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.
The City agrees to indemnify and hold hanuless the Grantor(s)from and against any and
all claims or demands of third parties for liability,loss,damage,costs,expenses or attorney's
fees of any kind for acts or omissions of the City,its employees,agents or contractors arising out
of or otherwise related to the City's activities under this easement.
6.Running of Benefits and Burdens.
The tenus 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.
7.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 tenus and conditions of this
Easement and said parties consent to the jurisdiction of the person being in Dallas County,Iowa.
Puge Lof S
Book 2008 Page 16008
3 of 6
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
Neil D.Hamilton and !(hanh B.Hamilton,their heirs,assigns,successors-in-interest,or lessees,
if any.
10.Attorney's Fees.
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.
11.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.
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 acknowledgment hereof shall be construed as in the
singular or plural number,and as masculine or feminine gender,according to the context.
Page 4 ofS
Book 2008 Page 16008
4 of 6
Dated this __---'I-'--I'\M~~---day of ))dvClA{lotJv ,20008:.
City of Waukee
Khanh B.Hamilton Je
)
)ss.
)
On the .21 day of OCJD'cH',before me,the undersigned,a Notary
Public.in ~~or the State of '::::I::Ow......ppear.ed ,
to me lmown to be the identical person s named in and who executed the foregoing instrument,
and aclmowledged that (he)(she)(they)executed the instrument as (his)(her)(their)voluntary
act and deed.
STATE OF -=.c:.w(\..
COUNTYOF~.IIOo-
i1 REBECCA SLATER.'f CommIsaIoMy n Number751082CommissionExp!1llSowFebruary7,2011
r-p.'-ePA ~,
~c m and for the State of
My commission expires .:L.1 ,20 II
i
Page 5 of5
Book 2008 Page 16008
5 of 6
PREPARED BY:VEENSTRA &KIHH,INC,-3000 WESIOWN PARKWAY -WESI DES MOINES,IOWA 50166-1310 -15151 115-8000
OWNER:ACQUISITION PLAT PARCELNO.:
~~l~HOB.H~~m~~N FOR PERPETUALSANITARY SEWEREASEMENT 010 16-08-400-003 00
BOOK 827 PAGE 361 FOR THE CITY OF WAUKEE.IOWA
OWNER ADDRESS:
3176 TIM8ER RIDGE TRAIL
WAUKEE.IA 50263
SURVEY NOTE
~'!iii~~1o200 400
GRIO NORTH
IOW,ASTATE PLANE
COORDINATE SYSTEMISOUTHZONE)
PROPORTIONEDNORTH LINE OF NE 1/4 SE 1/4
AND SOUTH LINE OF NE 1/4 SE 1/4 8ASED ON
FOUND SECTION CORNERS
E 1/4
SEC 8-78-26
FND:5/8"8AR
I DENTON I
'2006-15792 IHAMILTON'I
827-361 I'I'...\~
""<V ,'C
S89 '26'12"W ~,,-'0
87 40"\ro'GROSS.I ~"'vl 2003-17679
30'I ~""«;I
5'~l!-_-;,.-N74 '33'4B"W
2 9.18',,
IP.O.B·
I ,
NOD '53"58"E
~W0i:gilNER 534 ','25 '
NE 1/4 SE 1/4SEC8-78-26FNO:5/8"8AR I I
W/YELLOWCAP,8034 I I
I I I 9 19'(0)I I 394 04'(D)I ~~7·.22,:.Jl:!L-I
236,98'(0)391'.~'(ML_---l---~Co I
332 78'(0)I 235,7]'(M)_L-~--~
331',oLll:!L --/4 tn---E 1/4 SE 1 ;;;
',,----NB3 '27'23."E SSEC 8-78-26 CORNER ~
SEC 8-78-26331.02 FND:BRASS DISC
---__NB3 '27 .2,3 ;~)LESEND
1.316 '~~'(0)10)"AS DEEDED"DISTANCE1322,DR BEARING
I hereby certify that this lanl!surveying document (M)~AS MEASURcDR DISTANCEseeprepare(l eno tne related survey work sea OR BEARINGperformedbymeorunderfIlYdirectcerscnersupervision<lnll that I [1ma duly licensed Land ..FOUND SECTION CORNERSLlrveyorunderthelillfSofthestateofIowa.MONUMENT (AS NOTEO)
Signed Date ~PERPETUAL EASEMENT
~10,200 5Q,FT,
~TEMPORARY EASEMENT~23.550 8D.FT.
IIIII
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,
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FRY
811-637
Brian "L.ventee,P.L.S.
lowe license No.18310
My license renewal date re December 31,2008
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SC~l.e 1"02110'"VIlle DWS.NO.IlR~IIN '"sANn ARY SEWER EASEMENT IN REV 1CKECKED'"PT.NE 1/4 SE 1/4 SEC 8-78-26 E-6APPROVED'"
CATe 07-16-08 VEENSTRA &KlMM,INC.3000 Wmtown Pattw,ay West Des Me/11M,/D\W.50266-1320 1 OF 1I..C.S's-.225-8DOO ,5150225-7848 (FAX),BOO-Z.fl-BDOO (WA.ro PROJECT 275192
1111111111111/111/111111111111111111/1/111 11111/11111111 111111111111111111111 1/111 1/111/11111/'Book 2008 Page 16009
Document 16009 Type EASE Pages 6
Date 12/05/2008 Time 10'08 AMRecAmt$32.00 MTG -
PCRF-
BKRF-
ODD -
AUD ~
Carol "Cindy"Hoi,Reoorder
Dal las County IOWA
Prepared By:Forrest S.Aldrich.Veenstra &Kimm,Inc"3000 Westown Parkway,West Des Moines.IA 50266 (515)225-BOOO
Return To'Veenstra &Kimm.Inc 3000 Westown Parkway West Des Moines IA 5°266 (515)225-8000
SANITARY SEWER EASEMENT(S)
Easement No.7
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant of Easementfs),
The undersigned,John R.Smidt and Donna L.Smidt,husband and wife,(hereinafter
referred to as the "Grantor(s)"),in consideration of the sum of Four Thousand Seven Hundred
Sixty-five and 15/100 Dollars ($4,765.15 )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:
LEGAL DESCRIPTION
Perpetual Easement
Lot 3,Replat Oakwood Estates,an Official Plat,now included in and forming a part of 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 Southeast corner of said Lot 3;thence
North 00°52'07"East (all bearings referenced to Grid North Iowa State Plane
Coordinate System South Zone),a distance of 319.49 feet along the East line of
said Lot 3 to the point of beginning;thence South 89°26'12"West,a distance of
34.60 feet;thence North 60°33'48"West a distance of 123.25 feet to the West line
of said Lot 3.
Containing 4,740 square feet,more or less.
Page 1 of5
Book 2008 Page 16009
1 of 6
Temporary Easement
Lot 3,Replat Oakwood Estates,an Official Plat,now included in and forming a part of Dallas
County,Iowa.Said temporary easement being a strip easement 100.00 feet in width lying
70.00 feet on the North side and 30.00 feet on the South side of the following described line or
line extended:
Commencing as a point of reference at the Southeast corner of said Lot 3;thence
North 00°52'07"East (all bearings referenced to Grid North Iowa State Plane
Coordinate System South Zone),a distance of 319.49 feet along the East line of
said Lot 3 to the point of beginning;thence South 89°26'I 2"West,a distance of
34.60 feet;thence North 60°33'48"West a distance of 123.25 feet to the West line
of said Lot 3.
Containing 12,800 square feet,more or less,excluding perpetual easement.
2.Use and Purpose of'Easemenus).
This Easement shall be granted for the purpose oflocating 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,building or new fence of any kind
whatsoever shall be erected upon property that is the subject of this Easement without the
express written consent of the City.
The City shall provide a physical connection point to the sanitary sewer for a future
sanitary sewer extension at no cost to the Grantor(s).The Grantor(s)are hereby granted the right
to connect Grantor(s)existing residence to said connection point at Grantor(s)expense.The
connection shall be made by extending the City provided sewer stubout,with the same diameter
pipe as the sewer stubout,to a standard manhole.The sewer service extended from the residence
shall connect to the manhole or tee into the sanitary sewer extension.The sanitary sewer
extension,manhole and sewer service will be at the Grantor(s)expense.
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 Grantons)at the Grantor(s)'sole expense.
Page 2 of5
Book 2008 Page 16009
2 of 6
4.Right of Access.
The City shall have the right of access to the Easement Area and have all rights of ingress
and egress within the Easement Area 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.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.
The City agrees to indemnify and hold harmless the Grantor(s)from and against any and
all claims or demands of third parties for liability,loss,damage,costs,expenses or attorney's
fees of any kind for acts or omissions of the City,its employees,agents or contractors arising out
of or otherwise related to the City's activities under 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.
7.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 ofthe person being in Dallas County,Iowa.
I
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)"shal1 refer to
John R.Smidt and Donna L.Smidt,their heirs,assigns,successors-in-interest,or lessees,if any;'
Page 3 of5
Book 2008 Page 16009 ,~---
3 of 6
10.Attorney's Fees.
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.
11.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.
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 acknowledgment hereof shall be construed as in the
singnlar or plural number,and as masculine or feminine gender,according to the context.
Page 4 of5
Book 2008 Page 16009----
4 of 6
Dated this __--Lf..!..l J1L:.1\.c.-day of
Grantor City of Waukee
Donna L.Smidt
STATEOF taw?!!)
h tJlJ )ss,
COUNTY OF uWtu-)
On the '].0 day of Ckll>l;:>er ,20 0 -r ,before me,the undersigned,a Notary
Public in and for the State of f!1'-!r\,personally appeared
JoJr,...g 1-!JaM hI),L :?in t'd 1-
to me known to be the identical person(s)named in and who executed the foregoing instrument,
and acknowledged that (he)(she)(they)executed the instrument as (his)(her)(their)voluntary
act and deed.
t~~.JB,l
IOWA
JOHN L.WEMER
COMMISSION NO.185908
MY COMMISSION EXPIRES
ic in and for th~of ,.ssion expires 20,J./,LI __
Page 5 of5
Book 2008 Page 16009 ------
5 of 6
PREPAREDOY:VEENSTRA&KIMM.INC.-3000 WESTOWNPARKWAY-WESTDESMOINES.IOWA 50266-1320 -15151 225-0000
OWNER:
JOHN A.SMIOTOONNAL,SMIOT
ACQUISITION PLAT
FOR PERPETUAL SANITARY SEWER EASEMENT
FOR THE CITY OF WAUKEE.IOWA
PARCI!I.NO.:
010 16-08-400-014 00
OWNER ADDRES8:
3170 TIMBER RIDGE TRAIL
WAUKEE.IA 50263 ·~~~Io200 400
GRIO NORTH
IOWA STATE PLANE
COOROINATE SYSTEM(SOUTH ZONE)
N83'34'S9':E --...........'1'2~~~---:---"E;'14
-....-1.310.72 SEC 8-78-26
FND:S/8"BAR
N60 '33'48"W)I
123.25'I I.I I
I 1
SS9 '26'12"W I ,>I~I34.60'e,'v«f'V
II>,"IPOS'>1'0 I..•..&,~G>I
-c-'"I DENTON I GROSSw2006-15792 2003-17679\I ;....(r,
@'/\0030.1 i:l",~:::I ....'"-I I
"(\/'.(T')I I"Q,!"~g..;'%'A8)'(/I ~'"z .'<-j;.~I..o~1
'#-~HAMILTON I
'<",,?1 I 827-361 I\Q I
\--~~P.O.C.I 1Q~\\'I SE CORNER 1 .I\'Y I lOT 3.REPLAT I·Il--~OAKWOODEST,.L __--L---
"0i -----1/4 SE 1/4 '\_L---*-::sw.CORNER SI§EC 8-78-26 \
NE 1/4 SE 1/4SECS-7S-26
FNO:5/S"SARW/YEllOW CAP#S034
r hllreby clIrt Ify that th18 hnd iurveylng aOCulIentwaspraperetlDntltherereteosurveylIorkWilliperformedbymeorunllor,Ily direct persnnalsupervISionIInllthatI11m-0 duly licensed LlIRdSurveyorunOert~lI lad of the State:of Iowll.
Slgnlld Dete
LEGEND
..FOUND SECTION CORNERMONUMENTlASNOTEOI
~PERPETUAL EASEMENT_4.740 SO.FT.
~TeMPORARY EASEMENT~i2,800 50,FT,Brian L.veneee,P.L,S.Iowa t.tcense NQ.18370
Ny HCeOiJe renewal.date 18 Oeclllllber 31,
DHG.NO,
REV 1
E-7
f"","O--'::'"",,,,,,"''''I'VEENSTRA "KlMM INc.---'-""'UD 1 OF 1x.c..;SJ.f..22HOOO.l1~tF,w.aoo-u'oIOOOlWATS)PROJECT mIg.?
!lODe
SANITARY SEWER EASEMENT INLOT3.REPLAT OAKWOOD EST,
Book 2008 Page 16009
6 of 6