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Home My WebLink About2020-06-15-Resolution 2020-222_Easement, Public Utility, City of WaukeeTHE CITY OF WAUKEE, IOWA RESOLUTION 2020-222 APPROVING PUBLIC UTILITY EASEMENT FOR THE NW LOTH STREET IMPROVEMENT PROJECT, W. HICKMAN ROAD TO NW DOUGLAS PARKWAY [CITY OF WAUKEE] 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 10t' 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 the City of Waukee 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 150' day of June, 2020, that it hereby approves the Public Utility Easement for the NW 10t' Street Improvement Project, W. Hickman Road to NW Douglas Parkway [City of Waukee]. Courtney Clarke. Mayor Attest:La.,&" �/� lY -&" Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman X R. Charles Bottenberg X Chris Crone X Larry R. Lyon X Ben Sinclair X Doc ID: 008094260006 Type: EASE Recorded: 06/30/2020 at 02:38:55 PM Fee Amt: $32.00 Page 1 of 6 Dallas County Iowa Chad C. Airhart RECORDER File# BK2020 Pc,15639 PUBM C i'TIi TTY EASEMENT Recorder's Cover Sheet Preparer Information: (name. address and phone number) Rudy Koester 805 University Ave Waukee, Iowa 50263 515-978-7920 rkoester(ci waukee.ora 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 PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s). The undersigned. CITY OF WAUKEE, IOWA. 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 Exhibit 12-P, 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, firmed, 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 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 therein or to connect and/or join said utility and appurtenances thereto) and to forever maintain utilities whenever necessar\ 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 arry unknown conditions shall be the sole responsibility of the Grantor 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 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. Attornev'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 Ileadings. 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 H17RF-BY COVENANT with the Cit} 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 Fasement. 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 KlAday of Ji.;►1Q .20 CITY OF WAUKEE if Cifiey Clarke, Mayor CITY OF WAUKEE Courtney Clarke, Mayor Attest: e Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _ day of 1 A/'1 9— 21p4), before me the undersigned, a Notary Public in and for the S tts e of lowa, 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.Z7rk�s}��t, passed by the City Council on The 151 day of �uh� 20, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument t be the voluntary act and deed of the City, by it and by there voluntarily executed. 7v� Notary �o Iic in and for the . ate of Iowa • s� KATHRYN E Pt"M "Commission Number 7W13 s; My CommMW E� February 10, 20 -6- Location 1 Lot 2, Waukee Second Reguestor; }, City of Waukee Proprietor,_ of Waukee Surveyor __City Jody_Budde Surveyor Companle_ Foth Infrastructure & Env ronment, LLC 81.91 Birchwood Court, Suite L Return To: Johnston, IA 50131 515 254-1393 PERMANENT EASEMENT EXHIBIT 12-P PERMANENT PUBLIC UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE N. 10TH STREET IMPROVEMENTS - HICKMAN ROAD TO NW DOUGLAS BOULEVARD N 700 NW STREET PARCERCE L 12 PROPERTY OWNER CITY OF WAUKEF 230 W HICKMAN ROAD ' WAUKEE, IA 50263 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 2 OF FND CUT X WAUKEE SECOND HIGH SCHOOL. AN OFFICIAL PLAT, AS RECORDED IN BOOK NWCORNER SEC 28 79-26 2018, PAGE 20911 OF THE DALLAS COUNTY - A RECORDER'S OFFICE, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY. IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS DETAIL "B" BEGINNING AT THE SOUTHWEST CORNER NOT TO SCALE j OF SAID LOT 2, THENCE NORTH 00' 20' 16- N 45' 28' 53" E - - S OO* 20' 16" W EAST. FEET ALONG THE EAST 28.21' 41.56' RIGHT-OF-WAY LINE OF U AVENUE (R22)1N. I 10TH STREET; THENCE NORTH 45- 28' 53" EAST.2821 FFFTCONTINJING At ONG SAID EAST RIGHT-OF-WAY LINE; THENCE ' SOUTF- 00' 20' 16" WEST. 41.56 FEET, — N 89° 39' C9' W THENCE NORTH 89` 39' 09" WEST, 8.00 B 00' -- FEET, THENCE SOUTH 00- 20' 16" WEST, 953.00 FEET TO THE SOUTI I LINE OF SAID LOT 2, 'HENCE "' NORTH 90- 00' 00" WEST, '2 00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 12,069 SQUARE 5�C FEET OR 0.28 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND "' v REST R CTIONS OF RECORD. -- _ 7; rn FOR THE PURPOSE OF THIS OESCRIPTION, ALL BEARING AND DISTANCES ARE �- REFERENCED TO NA083(2011) IA SPCS w SOUTH ZONE, US SURVEY FOOT b DETAIL "A" o NOT TO SCALE o' z 2 \ o i I POB SW CORNER �'—R, - N 90° 00 00 W 12 00 ? L O T 2 �Ieelee zIoIe L� � FOE* NE DOUGLAS PARKWAY I — SEE DETAIL "B" 12' m � o LOT 2 ry °o 0 w L — _♦ �a�a��F�i2hLL SEC DETAIL "A" A FOUND SECTION CORNER KICNJMEN- r\ SET SECT CN CORN--R MCN�MEN- r OJNO S;8' REROO UNLESS NOTED, O SET 5;8' REROD WlPINK CAP02MI JMt F SS NOIF DI (M) MEASURED DIhfENSION (R) FIFCORDFO DIMFNSI ON I.R IRON ROD I P !!RON c,PE SECTION -;NF R- — PACE T OFWAYL.NE EAST ING .CT LINE F'RCPERTY LNE ® PROPOSED PERMANENT PUBLIC JTIJTY EASEMENT SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE, IA 50263 TEL 1515) 987-4363 FOTI I PROJECT NO, 19W003-00 DATE: 6/1/2020 �`. FIND CJT X NW CORNER C ' 6 $Wl!4 NV'u 1!Q FIELD SURVEY CCMPLETED: JUNE 2019 1 SEC. 28-79 26 ' I nere0y Certify that This land-Neying dOG,.mer't W2S PrGPareO and the • tU ll related survey Work was DerforTed by me Or,:nder my direct densonal supervision and that I am a duly lic ens d Pmfess,onal Land Surveyor undm l"t:l a— of the Statc of Iowa ' L: JODY A o 106�'a.BIDDE PLs ----- --- _ - OAT LL BUDOE = erseN tuber 228,T7 = 7.. 22 t 4 7, : ri, MY I'corso ereW a' date s DECE"ABER 3' 2020 • ��'. .'OY` P390S cr 5-- covered by thrs sca rryJrr —._.. I, 11It11\\1 llE. SHEET FeM Infrastructure & Environment, LLC 1 OF 1 tl'Yl brrc'nwROd Court 5'�1. L J.Jr rtlnn A riu'`-I'll Pnnne 515-21, � ,r8a rax 5''.2Y.-1ftlJ