HomeMy WebLinkAbout2002-11-04-Resolutions 02-172_Parkview Crossing P4 Lots 1-2 - Indem AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 02-172
APPROVE THE INDEMNIFICATION AGREEMENT FOR THE PRIVATE
SANITARY SEWER AND WATER LINE FOR LOTS 1 AND 2 OF PARKVIEW
CROSSING PLAT 4
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,R &R Investors,Ltd.,and Gerald D.Grubb,Inc.have requested approval
from the Waukee City Council to share the sanitary sewer and water lines to Lots I and 2
of Park view Crossing Plat 4 in accordance to §204.16 Separate Connections of the
Waukee Municipal Code which states:
§204.16 Separate Connections.In no case shall a joint sewer
be allowed where the property abuts on a street,alley or easement in
which there is a public sewer.Other buildings,in adjacent areas,
which are required to be connected shall be separately and
independently connected to the public sewers unless the City
Council in a duly adopted resolution specifically permits joint
connection,in accordance with plans approved by the Council.
WHEREAS,R &R Investors,Ltd.,the owner or contract purchaser of Lot 2 Parkview
Crossing Plat 4,Waukee,Iowa ("Lot 2 Owner")and Gerald D.Grubb,Inc.,the owner of
Lot I Parleview Crossing Plat 4 and the contract seller of Lots 2 Parkview Crossing Plat 4
("Lot I Owner")have or will have recorded cross-easements regarding a private sanitary
sewer and private water line serving both Lotsl and 2 Parkview Crossing Plat 4.The
City of Waukee (The "City")agreed to permit the use and construction of such a private
sanitary sewer and private water line,provided the Lot I Owner and the Lot 2 Owner
agree to provide the City an indemnification agreement;AND,
WHEREAS,accordingly,in consideration for the City's agreement to allow the
installation and use of the private sanitary sewer and private water line contemplated by
this indemnification agreement,the Lot 1 Owner and the Lot 2 Owner agree to indemnify
and hold harmless the City of Waukee from and against any and all costs,claims,
damages,liabilities,and expenses (including reasonable attorneys'fees)incurred in
connection with the use of the private sanitary sewer and private water line including,
without limitation,all obligations to operate,maintain,repair,and replace such sanitary
sewer and water line in accordance with the general standards established from time to
time by the Public Works Department of the City.;AND,
WHEREAS,this indemnification shall be binding on the successors and assigns of the
Lot 1 Owner and the Lot 2 Owner,and is a covenant running with the land legally
described as follows:
Lot I &2,Parkveiw Crossing Plat 4,and Official Plat,now included in and
forming a part of the City of Waukee,Dallas County,Iowa.
And it is the intent of Owner to record this instrument in the Dallas County,Iowa
records;
,I
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,
Iowa that the Indemnification Agreement for the private sanitary sewer and water line for
Lots I and 2 ofParkview Crossing Plat 4 is hereby approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the 4th day of
November 2002.
Mark D.Leslie,Mayor
Attest:
ROLL CALL VOTE AYE NAY ABSENT ]Nicholas C.Gruber X
Donald L.Bailey,Jr.X
Bill Peard X
Mike Watts X
Wayne Iolmson X
1