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Home My WebLink About2020-08-03-Resolution 2020-281_Easement, Amended Public Utility, Immanuel Lutheran ChurchTHE CITY OF WAUKEE, IOWA RESOLUTION 2020-281 APPROVING AMENDED PUBLIC UTILITY EASEMENT FOR THE WAUKEE PUBLIC LIBRARY STORMWATER IMPROVEMENTS PROJECT [IMMANUEL LUTHERAN CHURCH] 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 April 6, 2020, the Waukee City Council approved a Public Utility Easement on property owned by Immanuel Lutheran Church for the purpose of construction of the Waukee Public Library Stormwater Improvements Project (Resolution #2020-122); 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 Yd day of August, 2020, that it hereby approves the Amended Public Utility Easement for the Waukee Public Library Stormwater Improvements Project [Immanuel Lutheran Church]. r Courtney Clarke, Mayor Attest: P)b� 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 I IIIIiII IIIIII11111111IIIII IIIII IIIII IIIII IIIII IIIII IIIN IIIII IIIII IIIII Ilil!III Doc ID: 008143250006 VP e: AMEND Recorded: 08/12/202C at 10:37:19 AM Fee Amt: $32.00 Page 1 of 6 Dallas County Iowa Chad C. Airhart RECORDER Filett PG20538 BK2020 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@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: Immanuel Lutheran Church, Waukee, Iowa Grantee: City of Waukee, Iowa Previously Recorded Document: Book 2020 Page 6836 AMENDED PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s). The undersigned, Immanuel Lutheran Church, Waukee, Iowa, a nonprofit corporation duly formed and existing pursuant to the laws of the State of Iowa (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 attached easement plat, 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 Fasement 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 Grantor, their heirs, assigns, successors -in -interest, or lessees, if any. -4- 10. Attomev'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 attornev'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 construcd 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 6836 of the Dallas County Recorder's office. Signed this day oI z) _.& IMMANUEL LUTHERAN CHURCH, CITY OF WAUKEE Waukee, Iowa � Richard Duhache , resident Courtney Clarke, Mayor Attest: Rebecca D. Schuett,'City Clerk -5- STATE OF IOWA ) COUNTY OFN�� SS ) On this day o I Ll- \ , 20_�=? , before me, the undersigned, a Notary Public in and for ty said C mand the State of Iowa, personally appeared Richard Duhachek, to me personally known, who being by me duly sworn, did say that that person is President 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 Richard Duhachek acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. otary Public in and for the State of Iowa MIKE ADAMMS STATE OF IOWA )COMMISSIon Number my Cmwdswm t- } ss �!" ores Petaber 01tarp COUNTY OF DALLAS } On this day of , 20,L{�, before me the undersigned, a Notary Public in and for the4Stelfallowta, 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 scaled on behalf of the City by authority of its City Council, as contained in Resolution No. ;W-� passed by the City Council on the �4 day of __,, �t�7a , 20 Q_, 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. '1 r KATHRYN E PURVIS y 'A- T- C�mm(ssion Number7945t3 4Nt-ary P blic in and for the State of Iowa MY Ccmmissiai Expires 'PC -WTI February 10, 2022 KIM INDEX LEGEND LOCATION 000 S WARRIOR LANE, WAUIO=E. IOWA REOUESTOR CITY OF WALKM, IOWA PROPRIETOR : MAMA14UF-L LUTHERAN CHURCH SURVEYOR MURRAY S. SERTING SURVEY SHIVE-HATTERY COMPANY A 1251W11ow Pbry, Sur 100. Weil DM Mw t. bM 5W RETURN TO Swn4 ATTERY NE COR, NE U4, SE 114 1 SECTION 33, T79N, R2sW POINT OF COMENCEVENT 1 I ' EASEMENT PLAT PERMANENT EASEMENT BEING CONVEYED gTO THE CITY OF WAUKEE, IOWA WARRIOR LANE IMPROVEMENT PROJECT I S 89.34 0• E w POINT'OF-SEGINNING i 10.00' i 1 ) i I I 3200 SOFT. IN 8W34iO3• W 0.073 ACRES I50. I I g I f'1 N I W � � I N I I W I Z y I ' 0 CI ' I 13 I 1 I I I I 1 N 89'34'03 W 10.00' I I I 0 50 100 200 SCALE IN FEET LEGEND r'" SPACE RESERVED FDN RECORDERS Use LEGAL DESCRIPTION: M A NUEL LUTHERAN CHURCH PARCEL 1 (PI430) LEGAL DESCRIPTION: A PARCEL OF LAND LYING ENTIRELY WITHIN AND FORMING A PART OF THE NORTHEAST 1N OF THE SOUTHEAST 1F1 OF SECTION 33, TOWNSHIP 79 NORTH, RANGE 25 WEST OF THE STH P.M. NOW IN AND FORMING A PART OF THE CRY OF WAUO E, DALLIS COUNTY, IOWA, MORE PART W ARLY DESCROM AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF SAID SECTION 33; THENCE SOUTH OO'2T43' WEST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF SAID SECTION 33. FOR A DISTANCE OF 699.35 FEET; THENCE NORTH E6'34 W' WEST, FOR A DISTANCE OF 50.00 FEET TO THE POINT-OF-13EGINNONG; THENCE SOUTH OMr43• WEST, FOR A DISTANCE OF 320 00 FEET; THENCE NORTH W 44W WEST, FOR A DISTANCE OF 10.00 FEET THENCE NORTH 00'2T43- EAST, FOR A DISTANCE OF 320.00 FEET; THENCE SOUTH 69134W EAST, FOR A DISTANCE OF i0.00 FEET TO THE POW-OF43EGINMNG CONTAINING 3,200 $0. FT. (O.D73 ACRES) MORE OR LESS q ♦ t7 FOUND SECTION CORNER MOM♦IENT SET SECnON CORNER MONUMENT -..� /0LANDSU • MONUMENT FOUND AS NOTED F :. •.••• .... �Q` O SET SIB• BERM W/YELOW CAPPI3148 ��t, fSj2: � ' �... (M) MEASURED DMAENSION MURRAY B. o (R) RECORDED DIMENSION BERTiNG ------- SECTION LINE 13148 ------ RIGHT-OF-WAY LINE t •' -- DUSTING LOT LINE PROPERTY LINE i ': - --- _1 PERMANENT EASEMENT SHIVEE i ARCHi7E ( ? LIRE a E NGINFFRINU [ 4125 Westown Pkwy, Sults 100 1 West Des Molrws, lows 5026 515.223.8104 1 tax: 515.223.0622 1 www.sh)ve-tmdtary.com Iowa I Illinois I Indlene DATE Arrnovm I N Mn NI l T LAND 9A1MYW0 00F r •AS "1pAm AID 11C IALATm STINKY Sam M ftwcv 1m n W W I MY 0/<CT PVI AL SJMMW90N AND THAT 1 AY A 3MY LLDftD) LAID 9A,KV011 INDQ TNC UwS DF TIE STA Of 101A NAw MUMAY &_BFRTNC LICD12 MISISf,I- MT UOpY Nj]Z►11LL oArz s D[CILy} 31. gS0 •ADD; s.an oa WM90NS caam n TNry gx � of i -- - - - - -- --- NOR MANE IMPROVEMENTS nROKe,w. 0TV OF WALPML IA 414OS70 - -WARRIOR LAW EEr No -arw � eH r�DEloac _ -- 1 OF 1