HomeMy WebLinkAbout2020-07-20-Resolution 2020-265_Easement, Public Utility, Waukee Community School DistrictTHE CITY OF WAUKEE, IOWA
RESOLUTION 2020-265
APPROVING PUBLIC UTILITY EASEMENT FOR THE NW LOTH STREET
IMPROVEMENT PROJECT, W. HICKMAN ROAD TO NW DOUGLAS PARKWAY
[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 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 Waukee
Community School District 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
20`h day of July, 2020, that it hereby approves the Public Utility Easement for the NW 10'' Street
Improvement Project, W. Hickman Road to NW Douglas Parkway [Waukee Community School
District].
Attest: /�
�'
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
iillll II III III IIIII IIIII II II III IIIII III I I I I I IIIII IIIII II IIII III
Doc ID: 008136260007 Type: EASE
Recorded: 08/04/2020 at 11:52:53 AM
Fee Amt: $47.00 Page 1 of 7
Dallas County Iowa
Chad C. Airhart RECORDER
File#
BK2020 Pr-19839
PUBLIC UTILITY EASEMENT
Recorder's Cover Sheet
Preparer Information: (name, address and phone number)
Rudy Koester
805 University Ave
Waukee, Iowa 50263
515-978-7920
rkoester@waukee.org
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
PUBLIC UTILITY EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
Grant of Easement(s).
The undersigned, WAUKEE COMMUNITY SCHOOL DISTRICT, an Iowa
community school district, (hereinafter referred to as the "Grantor"), in consideration of
the sum of One Dollar (S 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 41-P, attached hereto and made a part hereof.
I. Use and Purpose of Easement(s).
This Easement shall be granted for the purpose of locating Public Utilities defined
as those utilities, authorized, 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 to enter at anv 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 Fasement 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
- 3 -
reason of' settlement, depression or any 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. Runnin- 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
Waukee Community School District, their heirs, assigns, successors -in -interest, or
lessees, if any.
-4-
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.
H. 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 ofall 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 a10*day of 20�
WAUKEE COMMUNITY
SCHOOL DISTRICT
Wendy Lis'K'91, Board lillsident
-5-
CITY OF WAUKEE
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk
STATE OF IOWA }
) SS
COUNTY OF )
On this 13* day of 20i i , before me, the undersigned,
a Notary Public in and for said County and the State of Iowa, personally appeared
wen —to me personally known, who being by me duly sworn, did say
that that person is D6kVi� Re5, Atilt of the corporation executing the foregoing
instrument; that (the seal affixed to said instrument is the seal of the corporation or no
seal has been procured by the corporation) and that the instrument was signed (and
sealed) on behalf of the corporation by authority of its Board of Directors; that
�u 1 %5Vk'A acknowledged the execution of the instrument to be the voluntary
act and deed of the c rporation, by it and by him voluntarily executed.
�. SMARON J LINK4
-
y.Commission Number 775500
ow My C October i n ExpiresNotary Pub is i and for the State of Iowa
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this 3I day of , •A Q , 20_2D, 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. ;0 - %(oS passed by the City Council on the A C" day of
Jul V , 20 k , 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.
'tATMMYN t F L A )K/%
..amm ss on N
My Commission Expires i otary Puke in and for the State of Iowa
February 10, 2022 ,
-6-
Index Legend
Location:
Lot 1, Waukee Second High School
Ci of Waukee
Waukee Community School District
Jody Budde - - -
�Foth Infrastructure 8r Environment, LLC
_ ....
8191 Birchwood Court, Suite L
Johnston IA 50131 515 254-1393
Re uestor
Pro rietor:
Surveyor:
Surveyor
Company
Return TO:
PERMANENT EASEMENT EXHIBIT41-P
PERMANENT PUBLIC UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
N. 10TH STREET IMPROVEMENTS - HICKMAN ROAD TO NW DOUGLAS BOULEVARD
655 NW 10TH STREET
PARCEL41 -
FND CUT X / 1 SEE DETAIL "A"
LSE
WCORNER
PROPERTY OWNER: C. 28-79-26WAUKEE COMMUNITY SCHOOL DISTRICT560 SE UNIVERSITY AVENUE +75'WAUKEE,8 PAGE 20922 IA 50263
BOOK 201^��-------� 1 1 I SEE DETAIL "B'
° L
FND CUT X I I
N`W CORNwE � S 00' 20' 51" W 138.54'
DETAIL "A"
NOT TO SCALE SEC 28.79-28
t 17
S 90' 00' D(" E I12 00' OUTLOT 'Y'
- PARCEL "A"
NW CORNER
POB PARCEL i N 44' 49' 43' W 18.92'
LOT 1
N 45' 10' 17" E 17.02'
N
O� pIJ I
4 I I 12'
C lee Zoe '��O W
FEET
FIELD SURVEY COMPLETED / ogS = ai
DUNE 2019 RO CEl b
Al. I
LINE IABLE
LINE
LENGTH
BEARING
L1
217. 10'
SOD'20'16"W
L2
171.36'
N00'20'S1"E
L3
21SA9'
N00'20 16'E
L4
17.D0'
N44.34'0e"V
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1314.93
N00'20'16'T
I L5(R) 11319.31'
LFGEND
a OU LOT X I �
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NOT TO CAL
S 00° 20' 51" W 24.70'I
89' 39' 09" E 8.DO'
20'
SDD'20'51"W
20 -00'
N 89' 39' 09" W 8.0(y T7
♦
FOUND SECTION CORNER MONUMENT
L\
SET SECTION CORNER MONUMENT
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FOUND Ere' REROD IUNLESS NOTED)
O
SET 518' REROD W/PIW CAPC22841(UNLESS NOTED)
(M)
MEASURED DIMENSION
(R)
RECORDED DIMENSION
I.R.
IRON ROD
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IRON PIPE
SECTION LINE
— H/v —
RIGHT-0E-WAY LINE
EXISTING LO- LINE
— PrL
PROPERTYLINE
® PROPOSED PERMANENT PUBLIC UTILITY EASEMENT
PARCEL"B"
POS PARCEL
MOST S CORN R
ON WEST LINE, LOf 1 1 I /- SW LINE OF LOT 1
FND CUT X
W114 CORNER
SEC 28-79.26
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I hereby certify that this lend wnW,*V document was prepared and the
rekDed Survey work was performed by me or under my dbecl pes al
superviswn and that I ari a duty lama Prolesswnal Land Surveyor
under the Iaws of tra, State of Iowa.
!JOOY A. BI/OOE, P L.B. DATE
Crease Number: 22847
My Ilpras ranawat dab a DECEMBER 31 2020
Papas w sheah co d by this seal
SURVEY FOR: #Foth
CITY OF WAUKEE
230 HIGHWAY 8
WAUKEE, IA 50263 SHEET
TEL.: (515) 987-4363
Fsth lnMstruetMne i Enwinshment, Luc 1 OF 2
Blel Bv44wooa Court. 8wN �
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FOTH PROJECT NO. 19W003-00 DATE: 811/2020 PMna. S�b2tN-13o8 Far 6762544611
PERMANENT EASEMENT EXHIBIT41-P
PERMANENT PUBLIC UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
N. 10TH STREET IMPROVEMENTS - HICKMAN ROAD TO NW DOUGLAS BOULEVARD
655 NW 10TH STREET
PARCEL 41
PROPERTY OWNER:
WAUKEE COMMUNITY SCHOOL DISTRICT
560 SE UNIVERSITY AVENUE
WAUKEE. IA 50263
BOOK 2018 PAGE 20922
LEGAL DESCRIPTION PARCEL "A"
A PARCEL OF LAND LOCATED IN LOT 1 OF WAUKEE SECOND HIGH SCHOOL, AN OFFICIAL PLAT, AS
RECORDED IN BOOK 2018. PAGE 20911 OF THE DALLAS COUNTY RECORDER'S OFFICE, NOW INCLUDED IN
AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, THENCE SOUTH 90' 00' 00" EAST, 12.00 FEET
ALONG THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 00- 20- 16" WEST, 217.10 FEET TO THE NORTH LINE
OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH,
RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN; THENCE SOUTH 00' 2051' WEST, 24.70 FEET: THENCE
SOUTH 89" 39' 09" EAST, 8.00 FEET; THENCE SOUTH 00' 20' 5V WEST, 20 00 FEET, THENCE NORTH 89° 39,
09" WEST. 8.00 FEET; THENCE SOUTH 00' 20' 51" WEST, 138.55 FEET TO THE EAST RIGHT-OF-WAY LINE OF U
AVENUE (R22)IN. 10TH STREET. THENCE NORTH 44` 49' 43- WEST, 16. 92 FEET ALONG SAID EAST
RIGHT-OF-WAY LINF: THENCE NORTH 00' 20' 51" EAST, 171.36 FEET CONTINUING ALONG SAID EAST
RIGHT-OF-WAY LINE TO SAID NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER,
THENCE NORTH 00' 20- 16" EAST, 216. 99 FEET CONINTUING AI ONG SAID EAST RIGHT-OF-WAY LINE TO THE
POINT OF BEGINNING
SAID TRACT CONTAINS 4, 892 SQUARE FEET OR 0.11 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO
NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
LEGAL DESCRIPTION PARCEL "B":
A PARCEL OF LAND LOCATED IN LOT 1 OF WAUKEE SECOND HIGH SCHOOL. AN OFFICIAL PLAT, AS
RECORDED IN BOOK 2018, PAGE 20911 OF THE DALLAS COUNTY RECORDER'S OFFICE, NOW INCLUDED IN
AND FORMING A PART OF THE CITY OF WAUKEE DALLAS COUNTY. IOWA. MORE PARTICULARLY
DESCRIBED AS FOI LOWS
BEGINNING AT THE MOST SOUTH CORNER ON THE WEST LINE OF SAID LOT 1, THENCE NORTH 00° 20' 51"
EAST, 828.50 FEET ALONG THE WEST LINE OF SAID LOT 1; THENCE NORTH 45" 10' 17- EAST, 17.02 FEET
CONTINUING ALONG SAID WEST LINE: THENCE SOUTH 00" 20' 51" WEST, 852.60 FEET TO THE SOUTHWEST
LINE OF SAID LOT 1; THENCE NORTH 44- 34' 08" WEST, 17.00 FEET ALONG SAID SOUTHWEST LINE TO THE
POINT OF BEGINNING,
SAID TRACT CONTAINS 10,087 SQUARE FEET OR 023 ACRES MORE OR LESS, SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO
NAD83(201 1) IA SPCS SOUTH ZONE, US SURVEY FOOT,
SURVEY FOR:
CITY OF WAUKEE
230 HIGHWAY 6
Fo�
WAUKEE, IA 50263
0
SHEET
TEL- (515) 987-4363
Poth Intmatnuture S Environment, LLC
11119ircm.00d Caul idle
2 OF 2
FO (H PROJECT NO, 19WO03-00 DATE- 5/112020
'_. sus 2 . 1393 F- 515a" 1- 2