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Home My WebLink About2008-06-02-Resolutions 08-111_Original Town Block 2 Lots 1-5 - Property Sale - EasementTHE CITY OF WAUKEE,lOW A RESOLUTION 08-111 ) APPROVING A PROPOSAL TO DISPOSE OF THE CITY'S INTEREST IN REAL PROPERTY BY SALE FOR A TERM IN EXCESS OF THREE YEARS IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City holds property adjacent to the building formerly known as the St.Boniface Church as depicted more specifically on Exhibit A attached hereto and incorporated herein by this reference;AND WHEREAS,St.Boniface Church has constructed facilities including an outside wall and entranceway such that it encroaches on said City property;AND WHEREAS,the encroachment does not comprise a significant amount of City property and it is believed that the fair market value of the property over which encroachments exist is nominaL BE IT THEREFORE RESOLVED by the City Council of the City of Waukee that upon hearing held on June 2,2008 to consider disposing of the property over which the encroachment exists in exchange for the sum of $1.00 in the form of the grant of easements to the property owner of the building that is formerly known as the St.Boniface Church.One a permanent easement for the area on which a structural wall of the Church exists.The other,a terminable 1 easement over which the entranceway of the former St.Boniface Church encroaches which may J be terminated for any reason by the City upon 180 days notice upon which time the property owner would remove the encroaching structures,copies of which are attached hereto as exhibit B and incorporated herein by this reference; BE IT FURTHER RESOLVED,that after hearing the City Council approves the easements attached hereto as Exhibit Band the Mayor shall execute the same on behalf of the City. Passed by the City Council of the City of Waukee,Iowa,and approved this the 2nd day of June, 2008. Attest: .Kooistra,City Administrator/Clerk ROLL CALL VOTE Donald L.Bailey,J1'. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN I 11111111m1II111~lllm,1I1111~111m1~IIIIIII ~IIIII~IIIIII "IIIIII"IIII~IIIIII~1111Book2008Page7766 Dooument 7766 Type EASE Pages 3 Date 6/04/2008 Time 11 :30 AMRecAmt$17.00 MTG- PCRF- BKRF- ODD -AUD- Carol "Cindy"Hal,RecorderDallasCountyIOWA Prepared by:Steven P.Brick.Brick Gentry Law Firm,SSG-39th Sh'eet.Ste 200.Des Moines.fA 50312 (515)274-1450 Return to:City CLerk City of Waukee.230 Highway 6,Waukee.Iowa 50263 (515)987-4522 EASEMENT KNOW TO ALL MEN BY THESE PRESENTS: This Easement is granted on this 30'"day of I'ku.,2008 by the City of Waukee,a municipal corporation (hereinafter refe~to as "CIty"),to St Bomface Church of Waukee IA (hereinafter referred to as the "Grantee")and collectively referred to as the parties. WHEREAS,Grantee is the owner of property locally known as 250 401 Street,Waukee, Iowa and legally described as: Lots One (1),Two (2),Three (3),Four (4)and "Five (5)in Block Two (2) in the Original Town of Waukee,Dallas County,Iowa and WHEREAS,Grantee has structures on the above described property that extend into and otherwise encroach on City property as depicted on Exhibit A details A and B;and WHEREAS,Grantee desires to obtain an easement for the purpose of maintaining said encroaching structures within the City property as depicted in exhibit A details A and D,in accordance with the terms and conditions set forth hereafter. NOW,in consideration one dollar and other valuable consideration,the City hereby grants to Grantee,a easement over and across and through such portions of the City's property as is specifically set forth in Exhibit A details A &B.Said easement may be terminated by the City upon 180 days written notice to the Grantee,its successors or assigns,through the mailing of notice of termination to the property owner at the time of the issuance of said notice at the address identified in the records of the Dallas County Assessors office at the time notice is issued. Grantee further agrees and understands that he shall be responsible for maintaining and repairing the easement area so as to prevent hazards to the public in any form and to prevent Page 1 00 Book 2008 Page 7766 1 of 3 deterioration of any kind to Grantor's adjacent property and improvements thereon together with any structures within the easement granted herein.Further,upon termination of the easement as provided hereunder,the Property owner shall be responsible for removing the encroaching structures and restoring the property to the same grade and composition as the property owned by Grantee adjacent to the area that is the subject of this easement,at grantee's sale expense. Grantee agrees to indemnify,and hold harmless the City,including its appointed officials,agents employees and volunteers and others working on its behalf,against my and all claims,demands,suits,or loss,including any and all outlay and expense connected therewith, attorney fees,and for any damages which may be asserted,claimed or recovered against or from the City including its elected and appointed officials,agents,employees,volunteers or others working on its behalf,by reason of personal injury,including bodily injury or death,and property damages,including loss of use thereof,which arises out of or is in any way connected or associated with the Grantee's use or occupancy of the City's property. This easement shall be binding on Grantee and Grantee's successors and assigns. Dated this 30.....day of_---'i1c...:::~'\---------',2008. Propel'tv Owner Page 2 of3 Book 2008 Page 7766 2 of 3 Exhibit A 7'V ~(")m ~rnz-\ 4TH STREET /<::J ~F> (()~!'.." "!Ii ,'c . "-. ~ n E ~ -,,~ Page 3 of3 Book 2008 Page 7766 3 of 3 II~~I~~~~M~~~~~~~~~~Book 2008 Page 7767 Document 7767 Type EASE Pages 3 Date 6/04/2008 Time 'II :3"AM Rec Amt $'17 ,130 Carol "Cindy"Hal,Reoorder Dal las County IOWA MTG - PCRF- BKRF- ODD - AUD- Prepared by:Steven P.Brick.Brick Gentrv Law Firm,550~39thStreet.Sic 200.Des Moines.IA 50312 (515)274-1450 Return to:City Clerk.City of Waukee.230 Highway 6,Waukee.Iowa 50263 (515)987~4522 EASEMENT KNOW TO ALL MEN BY THESE PRESENTS: This Easement is granted on this ~oi4..day of 11;p ,2008 by the City of Waukee,a municipal corporation (hereinafter referre to as "CIty"),to St.Bomface Church of Waukee IA (hereinafter referred to as the "Grantee")and collectively referred to as the parties. WHEREAS,Grantee is the owner of property locally known as 250 4th Street,Waukee, Iowa and legally described as: Lots One (1),Two (2),Three (3),Four (4)and Five (5)in Block Two (2) in the Original Town of Waukee,Dallas County,Iowa. and WHEREAS,Grantee has structures on the above described property that extend into and otherwise encroach on City property as depicted on Exhibit A detail C;and WHEREAS,Grantee desires to obtain an easement for the purpose of maintaining said encroaching structures within the City property as depicted in exhibit A detail C,in accordance with the terms and conditions set forth hereafter. NOW,in consideration one dollar and other valuable consideration,the City hereby grants to Grantee,a permanent easement over and across and through such portions of the City's property as is specifically set forth in Exhibit A detail C. Grantee further agrees and understands that he shall be responsible for maintaining and repairing tile easement area so as to prevent hazards to the public in any form and to prevent deterioration of any kind to Grantor's adjacent property and improvements thereon together with any structures within the easement granted herein, Page 1 of3 Book 20138 Page 7767 1 01 3 Grantee agrees to indemnify,and hold harmless the City,including its appointed officials,agents employees and volunteers and others working on its behalf,against any and all claims,demands,suits,or loss,including any and all outlay and expense connected therewith, attorney fees,and for any damages which may be asserted,claimed or recovered against or from the City including its elected and appointed officials,agents,employees,volunteers or others working on its behalf,by reason of personal injury,including bodily injury or death,and property damages,including loss of use thereof,which arises out of or is in ally way connected or associated with the Grantee's use or occupancy of the City's property. This easement shall be binding on Grantee and Grantee's successors and assigns. Dated this 30....day of_--'M=.....,.:;~,2008. City of WaukeeI#t£~Property Owner Sl.Boniface Church ofWa ee IA Attest: Page2of3 Book 2008 Page 7767 2 of 3 Exhibit A ) .... 7'Jm-iAI>-<Irn3:rnz --\ "••'-.'~'·"0.>1 4TH STREEf I--*--I~· Page 3 of3 Book 2008 Page 7767 3 of 3