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HomeMy WebLinkAbout2020-11-16-I01L S Warrior Ln Improvements_City of Waukee_EasementsAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 16, 2020 AGENDA ITEM:Consideration of approval of a resolution approving Easements for the South Warrior Lane Improvements Project FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Approval of these easements are necessary to complete the S Warrior Lane Phase 1 Improvements Project. These easements are necessary to establish public utility easements on four City owned parcels along the west side of S Warrior Ln. These easements will accommodate MidAmerican Energy’s electrical facilities anticipated to be relocated for the roadway improvements to occur in 2021. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: No cost. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Public Utility Easements PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1L THE CITY OF WAUKEE, IOWA RESOLUTION 2020- APPROVING EASEMENTS FOR THE SOUTH WARRIOR LANE IMPROVEMENTS PROJECT [CITY OF WAUKEE] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, it has been determined that certain easements are necessary for the purpose of construction of the South Warrior Lane Improvements Project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the four (4) Public Utility Easements for the South Warrior Lane Improvements Project [City of Waukee] are hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 16th day of November, 2020. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 Ver CtyWaukeePUEPrivate 10-5-20 PUBLIC UTILITY EASEMENT Recorder’s Cover Sheet Prepare Information (name, address and phone number) Rudy Koester City of Waukee, Iowa 805 University Avenue Waukee, Iowa 50263 515-978-7920 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Grantor: City of Waukee Grantee: City of Waukee, Iowa 2 Ver CtyWaukeePUEPrivate 10-5-20 PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, City of Waukee, (hereinafter referred to as the “Grantor”), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the City”), a permanent and perpetual non-exclusive Public Utility Easement (hereinafter referred to as “Easement(s)”) and right-of-way upon, over, under, through and across the real property legally described as: See Public Utility Easement Exhibit attached hereto and made a part hereof. 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating Public Utilities defined as those utilities, authorized by franchise, permitted, established, formed, acquired, owned, or operated by the City of Waukee, including but not limited to, electrical, natural gas, telephone, cable television, water, sanitary sewer, storm sewer, utility services, data transmission utility services, and any other service permitted by the City and to permit and allow the City, and other utilities authorized or permitted by 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 said utility(s) therein or to connect and/or join said utility(s) and appurtenances thereto) and to forever maintain utilities whenever necessary within the Easement(s) granted herein. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3. Maintenance. The City agrees, after entry, as part of the construction, reconstruction, maintenance, replacement, location, rebuilding, enlargement, repair and patrolling of the utilities, 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 sodding or seeding if it is a landscaped area and the City shall be required to repave if the Easement crosses a paved area such as a sidewalk or a driveway, 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; and subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor's sole expense. 3 Ver CtyWaukeePUEPrivate 10-5-20 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. Hold Harmless. The Grantor 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 arising out of or in connection with any undertaking arising out of or otherwise related to 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 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 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” shall refer to the City of Waukee, 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. 4 Ver CtyWaukeePUEPrivate 10-5-20 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 (i) Grantor holds said real estate described in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful authority to convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the 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. Signed this ___ day of _____________ , 20__. CITY OF WAUKEE Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk 5 Ver CtyWaukeePUEPrivate 10-5-20 STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this __________ day of _________________ , 20___, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ________ passed by the City Council on the ______ day of ______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 1 Ver CtyWaukeePUEPrivate 10-5-20 PUBLIC UTILITY EASEMENT Recorder’s Cover Sheet Prepare Information (name, address and phone number) Rudy Koester City of Waukee, Iowa 805 University Avenue Waukee, Iowa 50263 515-978-7920 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Grantor: City of Waukee, Iowa, a municipal corporation Grantee: City of Waukee, Iowa 2 Ver CtyWaukeePUEPrivate 10-5-20 PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, City of Waukee, Iowa, a municipal corporation, (hereinafter referred to as the “Grantor”), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the City”), a permanent and perpetual non-exclusive Public Utility Easement (hereinafter referred to as “Easement(s)”) and right-of-way upon, over, under, through and across the real property legally described as: See Public Utility Easement Exhibit attached hereto and made a part hereof. 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating Public Utilities defined as those utilities, authorized by franchise, permitted, established, formed, acquired, owned, or operated by the City of Waukee, including but not limited to, electrical, natural gas, telephone, cable television, water, sanitary sewer, storm sewer, utility services, data transmission utility services, and any other service permitted by the City and to permit and allow the City, and other utilities authorized or permitted by 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 said utility(s) therein or to connect and/or join said utility(s) and appurtenances thereto) and to forever maintain utilities whenever necessary within the Easement(s) granted herein. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3. Maintenance. The City agrees, after entry, as part of the construction, reconstruction, maintenance, replacement, location, rebuilding, enlargement, repair and patrolling of the utilities, 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 sodding or seeding if it is a landscaped area and the City shall be required to repave if the Easement crosses a paved area such as a sidewalk or a driveway, 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; and subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor's sole expense. 3 Ver CtyWaukeePUEPrivate 10-5-20 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. Hold Harmless. The Grantor 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 arising out of or in connection with any undertaking arising out of or otherwise related to 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 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 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” shall refer to the City of Waukee, Iowa, a municipal 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. 4 Ver CtyWaukeePUEPrivate 10-5-20 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 (i) Grantor holds said real estate described in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful authority to convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the 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. Signed this ___ day of _____________ , 20__. CITY OF WAUKEE Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk 5 Ver CtyWaukeePUEPrivate 10-5-20 STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this __________ day of _________________ , 20___, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ________ passed by the City Council on the ______ day of ______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 1 Ver CtyWaukeePUEPrivate 10-5-20 PUBLIC UTILITY EASEMENT Recorder’s Cover Sheet Prepare Information (name, address and phone number) Rudy Koester City of Waukee, Iowa 805 University Avenue Waukee, Iowa 50263 515-978-7920 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Grantor: City of Waukee, an Iowa municipal corporation Grantee: City of Waukee, Iowa 2 Ver CtyWaukeePUEPrivate 10-5-20 PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, City of Waukee, an Iowa municipal corporation, (hereinafter referred to as the “Grantor”), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the City”), a permanent and perpetual non-exclusive Public Utility Easement (hereinafter referred to as “Easement(s)”) and right-of-way upon, over, under, through and across the real property legally described as: See Public Utility Easement Exhibit attached hereto and made a part hereof. 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating Public Utilities defined as those utilities, authorized by franchise, permitted, established, formed, acquired, owned, or operated by the City of Waukee, including but not limited to, electrical, natural gas, telephone, cable television, water, sanitary sewer, storm sewer, utility services, data transmission utility services, and any other service permitted by the City and to permit and allow the City, and other utilities authorized or permitted by 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 said utility(s) therein or to connect and/or join said utility(s) and appurtenances thereto) and to forever maintain utilities whenever necessary within the Easement(s) granted herein. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3. Maintenance. The City agrees, after entry, as part of the construction, reconstruction, maintenance, replacement, location, rebuilding, enlargement, repair and patrolling of the utilities, 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 sodding or seeding if it is a landscaped area and the City shall be required to repave if the Easement crosses a paved area such as a sidewalk or a driveway, 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; and subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor's sole expense. 3 Ver CtyWaukeePUEPrivate 10-5-20 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. Hold Harmless. The Grantor 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 arising out of or in connection with any undertaking arising out of or otherwise related to 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 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 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, an Iowa municipal corporation, its elected officials, agents, employees, officers, and contractors. The term “Grantor” shall refer to the City of Waukee, an Iowa municipal 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. 4 Ver CtyWaukeePUEPrivate 10-5-20 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 (i) Grantor holds said real estate described in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful authority to convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the 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. Signed this ___ day of _____________ , 20__. CITY OF WAUKEE Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk 5 Ver CtyWaukeePUEPrivate 10-5-20 STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this __________ day of _________________ , 20___, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ________ passed by the City Council on the ______ day of ______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 1 Ver CtyWaukeePUEPrivate 10-5-20 PUBLIC UTILITY EASEMENT Recorder’s Cover Sheet Prepare Information (name, address and phone number) Rudy Koester City of Waukee, Iowa 805 University Avenue Waukee, Iowa 50263 515-978-7920 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Grantor: City of Waukee, Iowa Grantee: City of Waukee, Iowa 2 Ver CtyWaukeePUEPrivate 10-5-20 PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, City of Waukee, Iowa, (hereinafter referred to as the “Grantor”), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the City”), a permanent and perpetual non-exclusive Public Utility Easement (hereinafter referred to as “Easement(s)”) and right-of-way upon, over, under, through and across the real property legally described as: See Public Utility Easement Exhibit attached hereto and made a part hereof. 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating Public Utilities defined as those utilities, authorized by franchise, permitted, established, formed, acquired, owned, or operated by the City of Waukee, including but not limited to, electrical, natural gas, telephone, cable television, water, sanitary sewer, storm sewer, utility services, data transmission utility services, and any other service permitted by the City and to permit and allow the City, and other utilities authorized or permitted by 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 said utility(s) therein or to connect and/or join said utility(s) and appurtenances thereto) and to forever maintain utilities whenever necessary within the Easement(s) granted herein. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3. Maintenance. The City agrees, after entry, as part of the construction, reconstruction, maintenance, replacement, location, rebuilding, enlargement, repair and patrolling of the utilities, 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 sodding or seeding if it is a landscaped area and the City shall be required to repave if the Easement crosses a paved area such as a sidewalk or a driveway, 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; and subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor's sole expense. 3 Ver CtyWaukeePUEPrivate 10-5-20 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. Hold Harmless. The Grantor 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 arising out of or in connection with any undertaking arising out of or otherwise related to 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 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 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” shall refer to the City of Waukee, Iowa, 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. 4 Ver CtyWaukeePUEPrivate 10-5-20 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 (i) Grantor holds said real estate described in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful authority to convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the 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. Signed this ___ day of _____________ , 20__. CITY OF WAUKEE Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk 5 Ver CtyWaukeePUEPrivate 10-5-20 STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this __________ day of _________________ , 20___, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. ________ passed by the City Council on the ______ day of ______________, 20____, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. Notary Public in and for the State of Iowa