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HomeMy WebLinkAbout2020-05-18-Resolution 2020-185_Easement, Public Utility, Broderick Revocable TrustTHE CITY OF WAUKEE, IOWA RESOLUTION 2020-185 APPROVING PUBLIC UTILITY EASEMENT FOR THE NW IOTH STREET IMPROVEMENT PROJECT, W. HICKMAN ROAD TO NW DOUGLAS PARKWAY [PHILIP E. BRODERICK REVOCABLE TRUST; CHARLOTTE R. BRODERICK REVOCABLE TRUST] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, it has been determined that a Public Utility Easement is necessary for the purpose of construction of the NW 10th Street Improvement Project, W. Hickman Road to NW Douglas Parkway; AND, WHEREAS, said easement shall be located on a portion of the property owned by Philip E. Broderick Revocable Trust and Charlotte R. Broderick Revocable Trust, and legally described as referenced in Exhibit A, Easement Area, of the Public Utility Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 18th day of May, 2020, that it hereby approves the Public Utility Easement for the NW 1 Oth Street Improvement Project, W. Hickman Road to NW Douglas Parkway [Philip E. Broderick Revocable Trust; Charlotte R. Broderick Revocable Trust]. Attest: - � L�.�.� Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE Anna Bergman X R. Charles Bottenberg X Chris Crone X Larry R. Lyon X Ben Sinclair X ( � ()74�s- Courtney Clarke, Mayor NAY ABSENT ABSTAIN Doc ID: 008060790006 Type: EASE Recorded: 06/03/2020 at 09:44:14 AM Fee Amt: $32.00 Page 1 of 6 Dallas County Iowa Chad C. Airhart RECORDER File# BK2020 PG 12293 PUBLIC UTILITY EASEMENT Recorder's Cover Sheet Preparer Information: (name, address and phone number) Rudy Koester City of Waukee, Iowa 805 University Ave 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: Philip E. Broderick Revocable Trust; Charlotte R. Broderick Revocable Trust Grantee: City of Waukee, Iowa PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s). The undersi(Tned, Philip E. Broderick Revocable Trust & Charlotte R. Broderick Revocable Trust, hereinafter referred to as the "Grantor"), in consideration of the sum of One Dollar (S1.00) 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 Exhibit A. attached hereto and made a part hereof. 2. Use and Purpose of Easements) This Easement shall be granted for the purpose of locating Public Utilities defined as those utilities established, formed, acquired, owned. or operated by the City of Waukee, including but not limited to, electrical, natural gas, telephone, cable television utility services, and data transmission utility services and to permit and allow the Citv 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 therein or to connect and/or join said utility 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. -2- 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 Philip E. Broderick Revocable Trust & Charlotte R. Broderick Revocable Trust, their hers, assigns, successors -in -interest, or lessees, if any. - 3 - 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. Inte rag tion. 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 W11day of 20A. PHILIP E. BRODERICK REVOCABLE TRUST & CHARLOTTE R. BRODERICK REVOCABLE TRUST � Philip Brod�ick, Trustee -4- CITY OF WAUKEE Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF OAIIAe, ) On this _Vh day of Ma . 20 aO , before me, the undersigned, a Notary Public in and for said Count l and the State of Iowa, personally appeared Philip Broderick, to me personally known, who being by me duly sworn, did say that that person is Trustee of the Revocable Trust executing the foregoing instrument; that and that the instrument was signed on behalf of the Revocable Trust by authority of its Trustees; that Philip Broderick acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. REBECCA D. SCHUETT �j R°LConission Number 716496 ��� " mrMy Commission Expires May 13, 2020 Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this ��day of f��-t_�k , 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.?l6a)-it6passed by the City Council on the IM day of 1 2000 , and that Courtney Clarke and Rebecca D. Schuett, as such office , acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. ,,- —> KATMRYN E PURVIS f; s commis+�� tJ,mber 794513 Notary ublic in and for the State of Iowa �aM My C , Expires t .' '02L vPURM t+umb.► rllsi; Figibmit Febnwy 10, 20�2 -5- Index Legend Location: N1/2 of SW, Section 28, Township 79 N, Range 26 W Requestor: City of Waukee Proprietor: Philip E. Broderick Revocable Trust Charlotte R. Broderick Revocable Trust Surveyor: -Jody Budde Surveyor Company: Foth Infrastructure & Environment, LLC 8191 Birchwood Court, Suite L Return To: Johnston, IA 50131 515 254-1393 PERMANENT EASEMENT EXHIBIT 20-P-2 PERMANENT PUBLIC UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE NW SUNRISE DRIVE EXTENSION PROJECT PARCEL 20 PROPERTY OWNER PHILIP E. BRODERICK REV. TRUST CHARLOTTE R. BRODERICK REV_ TRUST 9225 CASCADE AVENUE #2204 WEST DES MOINES, IA 50266 BOOK 801, PAGES 759-760 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 6 OF WAUKEE DEVELOPMENT PLAT NO. 1, AS RECORDED IN THE DALLAS COUNTY RECORDER'S OFFICE, THENCE SOUTH 89' 29' 25" EAST, 20.00 FEET ALONG THE NORTH LINE OF SAID LOT 6 TO THE POINT OF BEGINNING; THENCE NORTH 00' 11' 17" EAST, 1205.87 FEET ALONG THE PROPOSED EAST RIGHT-OF-WAY LINE OF U AVENUE (R22)/N. 10TH STREET TO THE PROPOSED SOUTH RIGHT-OF-WAY LINE OF SUNRISE DRIVE; THENCE NORTH 45' 19' 20" EAST, 21.16 FEET ALONG SAID PROPOSED SOUTH RIGHT-OF-WAY LINE; THENCE SOUTH 00° 11' 17" WEST, 54.84 FEET; THENCE SOUTH 89° 48' 43" EAST, 5.00 FEET; THENCE SOUTH 00° 11' 17" WEST, 30.00 FEET; THENCE NORTH 89° 48' 4W WEST, 5.00 FEET; THENCE SOUTH 00° 11' 17" WEST, 1136.04' FEET TO SAID NORTH LINE; THENCE NORTH 89° 29' 25" WEST, 15.00 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 18,201 SQUARE FEET OR 0.42 ACRES MORE OR LESS, FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. LEGEND O -FND CUT X W1/4 CORNER SUNRISE DRIVE SEC. 28-79-26 60' N 45° 19' 20" E R/w�84� 21 16' S 00° 11' 17" W 54SED ROW ©G� S 890 29' 25" E 20.00' Poc NW CORNER WAUKEE DEV. PLAT NO 1 LOT 6 FOUND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT FOUND 5/8- REROD (UNLESS NOTED) SET 5/8' REROD W/PINK CAP422847 (UNLESS NOTED) k� J rn 00 y fn O 0 V Cl) rn 2 SEE DETAIL "A" 0 lee Zee EET DETAIL "A" NOT TO SCALE 15' S 890 48' 43" E 5.00' S 00° 11' 17" W 30.00' N 89° 48' 43" W 5.00' N 890 29' 25" W 15.00' - POB FND D.O.T. BRASS CAP SWCORNER \ LOT 6 SEC. 28-79-26 I hereby related suurrvey wgjt wasland erformedsurveying by me or under m directed and the C.1 ON A , �i, . e y , ; ' , -p Y Y personal