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Home My WebLink About2020-07-20-Resolution 2020-264_Easement, Public Storm Water Detention, Eason ElementaryTHE CITY OF WAUKEE, IOWA RESOLUTION 2020-X04 APPROVING PUBLIC STORM WATER DETENTION EASEMENT FOR THE EASON ELEMENTARY SCHOOL ADDITION [WAUKEE COMMUNITY SCHOOL DISTRICT] 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 Storm Water Detention Easement is necessary for the purpose of construction of the Eason Elementary School Addition Project, a private project undertaken by the Waukee Community School District; AND, WHEREAS, said easement is legally described as referenced in Exhibit A, Easement Area, of the Public Storm Water Detention Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 20th day of July, 2020, that it hereby approves the Public Storm Water Detention Easement for Eason Elementary School Addition [Waukee Community School District]. Attest: Ltt4 /n Q 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 Courtney Clarke, Mayor NAY ABSENT ABSTAIN i IIIIIII Illlll 111 IIIII hill IIHI lull illll lull lull lull illll lull lull IIII IIII Doc TO: 008136250006 Type: EASE Recorded: 08/04/2020 at 11:52:45 AM Fee Amt: $32.00 Page 1 of 6 Dallas County Iowa Chad C. Airhart RECORDER File# BK2020 PG 19838 PUBLIC STORNI WATER DETENTION EASEMENT Recorder's Cover Sheet Preparer Information: (name, address and phone number) Jenna H. Bishop Ahlers & Cooney, P.C. 100 Court Ave, Suite 600 Des Moines, IA 50309 (515)243-7611 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Grantor: Waukee Community School District Grantee: City of Waukee.. Iowa Legal Description: A PARCEL OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE. 5TH P.M.. IS DESCRIBED AS FOLLOWS: BEGINNING AT "THE NORTHWEST CORNER OF LOT 1 IN COUNTRY CLU13 WOODS PLAT 4. AN OFFICIAL PLAT. THENCE S0701'55"W ALONG THE WEST LINE OF LOTS 1,2 AND 3 IN SAID COUNTRY CLUB WOODS PLAT 4, A DISTANCE OF 374.55 FEET; THENCE N90°00'00"W, A DISTANCE OF 85.98 FEET;THENCE N51°56'28"W, A DISTANCE OF 121.56 FEET; THENCE N00°00'00"E, A DISTANCE OF 73.42 FEET; THENCE N07001'55"E, A DISTANCE OF 225.00 FEET; THENCE N89058'53"E. A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. e 1 178238 STORM WATER DETENTION EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That Waukee Community School District (hereinafter called "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"), perpetual easement for an overland flowage and detention and right-of-way area of a size and specifications as approved by the City over, under, through and across the followin, described real estate the real property legally descrihed as: A PARCEL OF LAND IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 26 wEST OF THE 5TH P.M., IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN COUNTRY CI.EJB WOODS PLAT 4, AN OFFICIAL PLAT. THENCE S07001'55"W' ALONG THE WEST LINE OF LOTS 1,2 AND 3 IN SAID COUNTRY CLUB WOODS PLAT 4, A DISTANCE OF 374.55 FEET; THENCE N90°00'00"W, A DISTANCE OF 85.98 FF,ET. THENCE N51°56'28"W, A DISTANCE OF 121.56 FEET, THENCE N00°00'00"E, A DISTANCE OF 73.42 FEET, THENCE N'0701'55"E, A DISTANCE OF 225.00 FEET: THENCE N89°58'53"E, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. AS DEPICTED IN EXHIBIT A (the "Easement' or "Easement Area") Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating and maintaining a surface water flowage and detention area and which perm its and allows the City to enter at any time upon and into said Easement as described herein, to patrol, police and maintain said Easement and to use as much of the surface and sub- surface thereof to construct, replace. locate, rebuild. enlarge, reconstruct, patrol, repair and to forever maintain said easement whenever necessary, in the City's sole discretion. No structure or building of any kind whatsoever shall be erected upon the said Easement without the express written consent of the City. Maintenance. The Grantor(s), their successors and assigns covenant and agree to keep and maintain the grading and elevations of said Easement(s), and any other repairs or maintenance that may be necessary, including but not limited to, necessary work to the detention area and drainage way, in accordance with engineering plans approved by the City. ` The Grantor(s) further agree to keep and maintain the Easement(s) free and clear of bushes, brush, trees, trash, debris, weeds, undergrowth, objects, structures. fences, landscape elements, dirt fill, other obstructions, or affect grades in a manner which may interfere, obstruct or impede the flow of water in the Easement(s) areas in a manner- acceptable to the City. The Grantor(s) further agree the City shall not be responsible whatsoever for any maintenance or upkeep of the land located within the Easement Area, including but not limited to maintaining the grade - 2 - and elevation thereof. Said responsibility to keep and maintain the Easement in good repair, maintenance and condition shall rest solely with the Grantor(s), at the Grantor(s)' expense. If the City deems it necessary to protect and preserve the Easement(s), the City may perform maintenance of the Easement Area after 30 days notice to the owner of the property over which the easement is situated, and be reimbursed by the Grantors at the Grantors' sole expense. The nature and purpose of this easement require for the detention and free flow of water over and across the easement area and in the event that the City undertakes any work in the easement area the City shall not be required to replace landscaping, trees, shrubs, bushes, landscape elements, structures or underground water systems. 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 repair, or reconstruct the surface water flowage area and remove any unauthorized obstructions or structures placed or erected in the Easement Area. Hold Hann less. The Grantor(s), subsequent property owners their successors and assigns agrees to indemnity 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 attomey'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. 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. Jurisdiction and Venue. The City and the Grantor(s) agree that the District Court in and for the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement(s), and said parties shall consent to the jurisdiction of the persons and the subject matter being in Dallas County, Iowa. Words and Phrases. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender, according to the context. 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. 10. Parties. - 3 - 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 the Grantors, their heirs, assigns, successors -in -interest, or lessees. if any. I1. Integration. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writin,- 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 clairns of all persons whomsoever. Signed this 1�11 day of 3U 1,l 2020. WALIKEE COMNIUNITY SCHOOL DISTRICT By "U��` 7 Wendy Lis , Preside STATE OF IOWA ) ) SS COUNTY OF DALLAS) By: Sharon Link, Board Secretary On dlrci _ �J 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Wendy Liskey and Sharon Link, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of the Board of Directors of the Waukee Community School District, the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by the authority of its Board of Directors; and that the President and Secretary, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by ern voluntarily executed. By MARSHA D. JACOBSOR Printed Name: Cemmftlon Number 176-435 Notary Public in and for the State of Iowa My Commission ap;rcs ow 10- 12 11 ACCEPTANCE BY CITY OF WAUKEE, IOWA -4- CITY OF WALIKEE, IOWA, an Iowa municipal corporation i CourtneyCke Mayor of the City of Waukee, Iowa Icy":L&Z�W_ L - Rebecca D. Schuett, City Clerk STATE OF IO WA ) ) SS COUNTY OF DALLAS ) On this y _ day of .2U 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.dW& b4passed by the City Council on the _ day of' Jq 20 a17 and that Courtney Clarke and Rebecca D. Sc luett, as such officers, acknowle gcd the e_,ecution of the instrument to be the voluntary act and deed of the City, by it and by them voluntai�iy e�ectlted. , �. ',?vlotary Public in and for the State of Iowa Ej._ KATHRYN E PURVIS F COMM%sion Number 794513 a My Commission Expires February 10, 2022 - 5 - 0173 EXHIBIT A - DEPICTION OF EASEMENT EASEMENT DESCRIPTION: 0- g5 0. PARCEL OF ONO IN 'HE NCRTHWESi XAR-ER CF THE SOU'HWEST jR1 LPS Q 1 � OJAR-ER OF SEC I -ON 36 TOWNSHIP 79 NOR I I.RANGE Op 51 pU�pS O,Npp .115 2L AC3OF TIIE 5TH IS DESCR:BED A3 LOT13 FOLLOW$: P- OUTLO' •D'cj BEGINNING AT THE NCR"INVEST,,, CORNER OF LOT ' IN CCUNTRY CLU9 WOODS PUT A Ali OIT CA, PLAT THCNCE IFOUI D 5/6' S0T01 55'V/ A•CNG THE A=S- LINE Or LCTS 1 /R0N ROD 12 ANC 3 N SA'O COUNTRY CLUB \VOOOS 1 ROli NN PLAT a A D STANCE OF 37, 55 FEET, THENCE I CORNCR L0T I W - I Y � _� e N50'0000'W, A CISTANCE OF 85.98 FEE', f .. r n THENCE NET'56'23"A', A DISTANCE OF 12156 „I C FEET TRENCE N30°3CE0'E, A DISTANCE OF .•I LOT i 1332 FEET THENCE N; PO' 55-E A DISTANCE .[ OF 21500 FEET, 'HENCE N8� 535YE, P. r' STANCF OF 2�C. W, FFFT TO THE POINT O Ir - ° BEGINNING '--RRI'/ATE $fOR1A WATER V8 T OETFNTIONMAINTENA7ICF G� 6 EASCN ELEMENTARY =ASENFNT 04 SCHOOL ; Goppp' r ¢ uj LOT 2 � w m W z uj w w F z T.\ _ z O W LOT3 w m W — , — z w (n +w•.onn O In Q 0 W , •—p ME OR /.41'Df1P Mr AAO lAi RCI. - 71" %9 P1 QOPEC! ALRstlwe 1• • I• I ,r.n I, .. RAR SCAT F . _ ,; Lac. AW A V I AMA U 0 S AWMR LWZ n / LA A Or n - Srl7 L 'T w1[ uNn st/aKme uv[kp nK uws cY nar Sri rt Cr "W I +» I •• {`� 7St • '.,)' ° •: 5lGNED ) .., i� (..L DATE - VARY 0 KlUR. PLY 1, 715 ".. 2001p4 I .—Ann 1INFEET. `Nw ow rt °�!° UCENSE FLEW*& DATE DEC 31, 2020 1'AGLS DR SHFtT% COVERED'Hy 1HN SLAL: THIS HEE-ONLY - 6 -