HomeMy WebLinkAbout2020-08-03-Resolution 2020-280_Easement, Amended Public Utility, Broderick Revocable TrustTHE CITY OF WAUKEE, IOWA
RESOLUTION 2020-280
APPROVING AMENDED PUBLIC UTILITY EASEMENT FOR THE NW LOTH
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, on May 18, 2020, the Waukee City Council approved a Public Utility Easement on
property owned by the Philip E. Broderick Revocable Trust and Charlotte R. Broderick
Revocable Trust for the purpose of construction of the NW 10'h Street Improvement Project, W.
Hickman Road to NW Douglas Parkway (Resolution #2020-185); 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
3rd day of August, 2020, that it hereby approves the Amended Public Utility Easement for the
NW 10t' Street Improvement Project, W. Hickman Road to NW Douglas Parkway [Philip E.
Broderick Revocable Trust; Charlotte R. Broderick Revocable Trust].
Courtney Clarke, Mayor
Attest:
rj'o
ebecca 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: 008143240006 Type; AMEND
Recorded; 08/12/2020 at 1035:27 AM
Fee Amt: $32.00 Page 1 of 6
Dallas County Iowa
Chad C. Airhart RECORDER
File#
BK2020 PG20537
AMENDED PUBLIC UTILITY EASEMENT
Recorder's Cover Sheet
Preparer Information: (narne, 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
Previously Recorded Document:
Book 2020 Page 12293
AMENDED PUBLIC UTILITY EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
Grant of F.asement(s)
The undersigned. Philip E. Broderick Revocable Trust & Charlotte R. Broderick
Revocable Trust, 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 20-P-2. 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, 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
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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 attorneys
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
Grantor, 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 attorneys
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 12293 of the
Dallas County Recorder's office.
Signed this day of
PHILIP E. BRODERICK`
REVOCABLE TRUST &
CHARLOTTE R. BRODERICK
REVOCABLE TRUST
Philip Bfoderick. Trustee
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CITY OF WAUKEE
Courtney Clarke, Mayor
Attest: n
Rebecca D. Schuett. City Clerk
STATE OF IOWA
)SS
COUNTY OF
On this r1TK day of -14 W —. 20 X , before me, the undersigned,
a Notary Publij7in- and for said County 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
Commission Number 716496 Z/vovt
My Commission Expires
-, EW - � May 13, 2023 Notary Public in and for the State of Iowa
STATE OF IOWA
)SS
COUNTY OF DALLAS )
On this 1//1-dav of
20,LO, before me the undersigned. a
Notary Public in and for the State eJfIowa, personally appeared Courtney Clarke and
Rebecca D. SchUett, to me personally known, who, being by me duly swom, 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.?*)-W passed by the City Council on the _ day of
�W[44 . 20 qV , and that Courtney Clarke and Rebecca D. Schuett, as such
officers_ J acknowledged the execution of the instrument to be the voluntary act and deed of
the City, by it and by them voluntarily executed.
RYN E PURM
o. KATH r
A—A'T�Commission NumbW7MI) Nta-ry Public in and for the State of Iowa
• My Commission EVku
February 10, 2022
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Location: 1`41/2 of SW, Section 28, Township 79 N. Range 26
Re 2
flues or.
Proprietor:
City of Waukee
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 1 (515) 254-1393
PERMANENT EASEMENT EXHIBIT20-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. BRODEWCK 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
SECTIP 79 NORTH. RANGE 26 WEST
OF THEE 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
SOUTHOFFICE, THENCE
ALONG THE NOR HLINE 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, 54.64 FEET; THENCE SOUTH 89' 48' 43' EAST,
5.00 FEET; THENCE SOUTH 00' 11' 17' WEST, 30.00
FEET; THENCE NORTH 89' 48' 43- WEST, 5.06 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.
�•--- FNO CUT X
W1/4 CORNER SUNRISE DRIVE
SEC. 28.79-26 - , - —
60'
R,N 45° 19' 20" E R_ P v
21 16' S 00° 11' 17- W 54 84'
PROPOSED ROW
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LEGEND LOT 6
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
FOUND SIB' REROD (UNLESS NOTED(
O SET 5/8' REROD W/PINK CAPa22847 (UNLESS NOTED)
(M) MEASURED DIMENSION
(R) RECORDED DIMENSION
I.R. IRON ROD
I.P. IRON PIPE
— SECTION LINE
RIGHT-OF-WAY LINE
EXISTING LOT LINE
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. 15WO38-01 DATE: 5/1/2020
— SEE DETAIL "A' N
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DETAIL "A"
NOT TO SCALE
15' S 89° 48' 43" E 5.00'
S 00. 11' 17" W 30.00'
N 89° 48' 43" W 5,00'
�-- N 89° 29' 25- W 15.00'
POB
F D D.O.T. BRASS CAP
SWCORNER \',�� LOT
SEC 28-79-26
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I hetetl mni Mel this land surveying document was prepared and the
t, 11'RDt was perlonned by me or under my direct personal
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suPenaslon end?hat I em a duly Ncensed Pmfeselonal Land Surveyor
under the laws of the State Iowa.
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of
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DATE
License Number 22847
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My Lunae an —I dal. is DECEMBER 31, 2020
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P,—. 515-251-13a3F., 515-251.1642