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Home My WebLink About2020-07-20-Resolution 2020-266_Easement, Amended Public Utility, City of WaukeeTHE CITY OF WAUKEE, IOWA RESOLUTION 2020-266 APPROVING AMENDED 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, on June 15, 2020, the Waukee City Council approved a Public Utility Easement on property owned by the City of Waukee for the purpose of construction of the NW 1 Oth Street Improvement Project, W. Hickman Road to NW Douglas Parkway (Resolution #2020-222); AND, WHEREAS, after approval, City staff discovered an error in the Public Utility Easement that must be corrected and rerecorded with the Dallas County Recorder; AND, WHEREAS, said amended easement is 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 20th day of July, 2020, that it hereby approves the Amended Public Utility Easement for the NW 1 Oth Street Improvement Project, W. Hickman Road to NW Douglas Parkway [City of Waukee]. Attest: (,Q�4 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 IIIIIIII��IIhIIINIIIIIIIIIIIIflIIINllllllnll!IIIIIIIIIIIIINIIIIIIIIIIIII Doc ID: 008136240006 Type: EASE Recorded: 08/04/2020 at 11:51:46 AM Fee Amt: $32.00 Page 1 of 6 Dallas County Iowa Chad C. Airhart RECORDER File# BK2020 PG 19837 AMENDED 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!dwaukee.org 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 Previously Recorded Document: Book 2020 Page 15639 AMENDED 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 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 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 - 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. 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. -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. 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. This easement amends the easement previously recorded in Book 2020. page 15639 of the Dallas County Recorder's office. Signed thisdCY*1�day of____jq 1 240. CITY OF WAUKEE � q_1 Courtney Clarke. Mayor -5- CITY OF WAUKEE Courtney Clarke, Mayor Attest: ,r Rebecca C), Schuett, City Clerk 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. Xo�0'7 passed by the City Council on the "_ day of �U( 20 dO , 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. ` KATHgy� fission tw,E p'�1RiRS .- Comm'��• MYCOmmissit3 N` otat'y� Publiin and for the State of Iowa February tp, 2022 -6- Index Legend Location: Lot 2, Waukee Second High School Ci of Waukee -- -- --- -- _ Ci of Waukee R_e uestor. Pro ietor. Surve or: Jody Budde __ Surveyor Com an : __ _ Foth Infrastructure & Environment, LLC Return To: _ 8191 Birchwood Court, Suite L 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 10TH STREET -- PROPERTY OWNER: PARCEL 12 CITY OF WAUKEE 230 W HICKMAN ROAD d lee 2e0 WAUKEE. IA 60263 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 2 OF FND CUT X WAUKEE SECOND HIGH SCHOOL, AN NW CORNER OFFICIAL PLAT, AS RECORDED IN BOOK SEC 28-79-26 NE DOUGLAS PARKWAY 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 SOUTHWEST CORNER NOT TO SCALE OF SAID LOT 2, THENCE NORTH 00' 20' 16- N 45e 2B' 53" E S 00' 20' 18" W EAST, 974.73 FEET ALONG THE EAST 28.21' 41.W RIGHT-OF-WAY LINE OF U AVENUE (R22yN. LOTH STREET; THENCE NORTH 45. 28' 53' EAST. 28.21 FEET CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE; THENCE SOUTH 00' 20' IS' WEST, 41.56 FEET; THENCE NORTH 89' 39' 09' WEST, 8.00 N 88' 39' 09" W 8.00, FEET: THENCE SOUTH 00' 20. 16WEST, : 953.00 FEET TO THE SOUTH LINE OF SAID LOT 2, THENCE NORTH 90- 00'0- WEST. 122,00 FEET ALONG SAID SOUTHOLINE TO THE POINT OF BEGINNING. `) SAID TRACT CONTAINS 12.069 SQUARE SF� FEET OR 0.28 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PIL FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. L'T I Ae N T T SCALE z POB SW CORNER N 90' DO' 00" W 12 00' LOT 2 LEGEND ♦ FOUND SECTION CORNER MONUMENT 0 SET SECTION CORNER MONUMENT FOUND SSa' REROD (UNLESS NOTEDI O SET SW REROD WIPINK CAMt22947 (UNLESS NOTED) (M) MEASURED DIMENSION (R) RECORDED UmENSjM I R IRON ROD I.P. IRON PIPE SECTION LINE — R" — RIGHT OF -WAY LINE EXISTING LOT UNE PROPERTY LINE ® PROPOSED PERMANENT PUBLIC UTILITY EASEMENT SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE, IA 50263 TEL. (515) 987-4363 FOTH PROJECT NO. 19W003.00 DATE: 6/112020 P/L — i Debi m 1q A rn w to N W LU N N W M z LU R/V SEE DETAIL "B" 12' SEE DETAIL'A" PA --- LOT 2 NDCUT NW CORNER SWt/d NW114 FIELD SURVEY COMPLETED: JUNE 2019 SEC. 28-79-26 , ............. I hereby chill• OW thm lend • ov*yhq document was Pl"Md and In • • O iJ r� ^(( r related "NOY work was Performed by m• or undmy diIs permm • .•�� g supervielen end that I am a duly kenaed Professier onal Land Surwryor under th¢ isvre of T. SIVA of 1— , : CO : J O D Y A. '. C A. BUDDE'PLS. DATE -. N: S U D D E :M E l oerwe Nurnber. 22847 22 e4 7ni Z MY Ibnse .ewwal We w DECEMBER 31. 2D20 - ;Off•' ; Pages or Mesta .-red by INe sae La /,rrrrl/I r1111113y4` of SHEET Forth tt3hstr3reture & Onvirewleewt, LLC 1 OF 1 elm ce,.4. e..w L JON n NR"31.2231 PN— 515.25E 1323 F. 515-2541e42