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Home My WebLink About2012-04-02-Resolutions 12-74_Fox Creek-Alice's Rd Outfall Sewer - EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 12-74 APPROVING PUBLIC UTILITY EASEMENT(S)(ASHWORTH PROPERTIES,INC.) IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that a both perpetual and temporary public utility easements are necessary for the purpose of construction of the Fox Creek!Alice's Road Outfall Sewer Project;AND, WHEREAS,said easements shall be located on a portion of the property owned by Ashworth Properties,Inc.,legally described as noted in the Public Utility Easement(s),attached hereto as Exhibit A. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 2nd day of April,2012,that it hereby approves the Public Utility Easement(s)from Ashworth Properties,Inc.,property owner within the Fox Creek/Alice's Road Outfall Sewer Project,with payment made by the City to the property owner in the amount of$13,llO.OO.~ttW Attest: ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Shane Blanchard X Dan Dutcher X Casey L.Harvey X Shelly Hughes X Mike Watts X I IUlII 111I1 11111 111111111111111 111111111111111111111111111111111111111111111111111111111III11 Book 2012 Page 5672 Document 5672 Type EASE Pages SDate4/12/2012 Time 12:36 PM Rec Amt $32.0121 Chad Airhart,Recorder cellas County IOWA MTG-PCRFeP 8KRF- ODD - Dlc - \111111111111111111111111\111111111 RETURN TO: Becky Schuett,Deputy City Clerk City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 (515)987-4522 Prepared By:Forrest S.Aldrich,Veenstra &Kimm,Inc.,3000 WestownParkway,West Des Moines,1A 50266 (515)225-8000 R8tUm'J"e.Veeasha &Ki:lBffi.IB:~.3QQQllresteu,n Pmk ••ay West Bes ~fuhres,fA::36266 f31::n 225 BeeS PUBLIC UTILITY EASEMENTCS} Easement No,4 KNOW TO ALL MEN BY THESE PRESENTS: 1.Grant of Easementts). The undersigned,Ashworth Properties,Inc.,(hereinafter referred to as the "Grantor(s)"), in consideration of the sum of Thirteen Thousand One Hundred Ten Dollars ($13,110 )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 easement (hereinafter referred to as "Public Utility Easement"or "Easement(s)")and right-of-way upon, over,under,through and across the real property legally described as: LEGAL DESCRIPTION Perpetual Easement A part of the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4)and part of the North 5 Acres of the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4),all in Section 9, Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa.Said perpetual easement being more particularly described as follows: The West 15.00 feet of said NW 1/4 NE 1/4 and of said North 5 acres of the SW 1/4 NE 1/4 of Section 9 lying East and adjacent to an Acquisition Plat Exhibit "A"in a Warranty Deed recorded in Book 2008 Page 16885 in said Dallas County Recorder's Office. Containing 19,470 square feet,more or less. Page 1 of5 Book 2012 Page 5672 1 of 6 Temporary Easement A part of the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4)and part of the North 5 Acres of the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4),all in Section 9, Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa.Said temporary easement being more particularly described as follows: The East 35.00 feet of the West 50.00 feet of said NW 1/4 NE 1/4 and of said North 5 acres of the SW 1/4 NE 1/4 of Section 9 lying East and adjacent to an Acquisition Plat Exhibit "A"in a Warranty Deed recorded in Book 2008 Page 16885 in said Dallas County Recorder's Office. Containing 46,290 square feet,more or less. 2.Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating Public Utilities defined as those utilities established,formed,acquired,owned,or operated by the City of Waukee, including but not limited to,storm sewer,sanitary sewer,water main,electrical,natural gas, telephone,cable television utility services,and data transmission utility services 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 thereofto construct, replace,locate,rebuild,enlarge,reconstruct,patrol,repair (including the right to place and build said utility therein or to connect and/or join said utility 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 or the ground surface grades changed upon property that is the subj ect of this Easement without the express written consent of the City. The temporary easement shall be for a period of 12 months from the date of the beginning of construction in the easement area at which time it will cease and terminate. 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 ifit 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 that are unrelated to the construction of the sanitary sewer.The City shall restore the Easement area caused by settlement or depressions that are directly related to the construction of the sanitary sewer. Page 2 of5 Book 2012 Page 5672 2 of 6 The Grantor(s)further agree the City shall not be responsible whatsoever for any maintenance or upkeep of the land located within the Easement Area.Said responsibility to keep and maintain the Easement in good repair,maintenance and condition shall rest solely with the Grantor(s)at the Grantor(s)'expense.If the City deems it necessary to protect and preserve the Easement(s),the City may perform maintenance of the Easement Area after 30 days notice to the owner of the property over which the easement is situated,and be reimbursed by the Grantors at the Grantors'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.Crop Damages. If construction of the sanitary sewer causes the removal of a portion of the row crops within the easement area or outside the easement area by the City before they can be harvested, the City agrees to compensate the Grantor(s)an additional $1,400 per acre ofrow crop removed for that portion of row crop removal by the City for crop damage.No additional compensation for crop damage will be paid by the City if the sanitary sewer is constructed prior to the planting of the row crops or after the harvest of the row crops. 6.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. 7.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. 8.Jurisdiction and Venue. The City and the Grantor agree the District Court of the State ofIowa 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. Page 3 of5 Book 2012 Paga 5672 3 of 6 9.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. IO.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 Ashworth Properties.Inc.,their heirs,assigns,successors-in-interest,or lessees,if any. 11.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. 12.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. 13.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. Page 4 ofS Book 2012 Page 5672 4 of 6 ~11.lltnn(IDatedthis_---!(I~GI\:::..l..day of_.Ll'T~":'-'20lL-. Ashworth Properties,Inc. STATEOF ~o....) .f))ss. COUNTY OF "1'6 (J:::) On the ;<~-\;....day of VV\C(FeY..,20 I J..,before me,the undersigned,a Notary Public in and for the State of .:I::cw 0.-,personally appeared C~.eF""r d 1).GJ ...~-€.r"'-±and -----+In-.:¢:t:-li~S;---------- to me known,who,being by me duly sworn,did say that ~-e the \I iCD..f r &\~..9.J,0-1-+,')-e c .......+'"'-"1 and -=----::-_-:----:....,-----,__.,...,-_:--_ respectively,of the corporation executing the foregoing instrument;that (no seal has been procured by)(the seal affixed thereto is the seal of)the corporation;that said instrument was signed (and sealed)on behalf of the corporation by authority of this Board of Directors;that_he and _-----,-----,_ acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by them voluntarily executed. ~\'"DEBRA K.GANS NO~~~J1ior t~7~l-A"'~ccmmlsslcn Number 164788 --Lt....~jm.:My CommissionExpires My commission expires"'¥....:(a r ,20 13 )ow'>-April Z1,2013 City of Waukee re I .Kooistra,City Administrator Page S ofS Book 2012 Page 5672 5 of 6 PREPARED BY;VEENSTRA C KIMM,INC.~3000 WESTOWN PMlKWAY -WEST DES MOINES,IOWA 50266-1320 -{515)225-8000 OWNER: ASHWORTHPROPERTIES.INC. BOOK 2001 PAGE 8812 PARCEL NO.: 500 16-09-200-001 00 ACQUISITION PLAT FOR PERPETUAL PUBLIC UTILITY EASEMENTFORTHECITYOFWAUKEE,IOWA J----j------0-------~--ASHWORlli.-~OA--~_=__..::==-- ---I ---..::=--~:~-/1-~~~ng~sMOINES ,: ~WARRANTY DEEDI\~BK200B PG15BB5 , I \\I'".Iii '\ I \~\:~~ I ~\b.\g ~I ~~ i ,.,\~l;"''o \i \:~"'" ,",,,\b 1~~II\__~H.15', I '\-\E.3S:I'I --.~W.50 I ' I \~I ,-----~-%t%_---LI--::~---t----N 5 ACRES \.~-,sw iIi!ME 1/4 \%.------I Jf!{fJ_~~6_-~\--\II ~~ r-----SW 1/4 NE1/4 .1...."I 9-78-26 L¥ GAID NORTH IOWA STATE PLANE COORDINATE SYSTEM (SOUTH ZONE) lM-__ o 300Iherebyc~rtify that this len.d sur~eying document ~vas pr-eper-eu and the related survey Iillr~lias ~~~~~~~~~o~yil~~~~a~n~e~mm~~~j~C~i~:~~~~atilnd j.\. Surveyor under the laws of the State of Iowa.~. Signed nate --;So -:1.~'3)"tI,z.'"""*O',lI>'''sr-ren L.ventee.P.L.S.lowil License No.18370 My license r-enewer date is December 31.2012 LEGEND PERPETUAL PUBLIC UTILITY EASEMENT AREA -19,470 SILFT. TEMPORARY CONSTRUCTION EASEMENT AREA =46,290 SQ.FT. 0"..13 a,MIll 1 PFI1PFnJ£L H8LIC UTILITY .SEI<,~, 60u ac .....E I-·~a·"VII<:PUBLIC UnnTY EASEMENT IN OHG.NO. OH.~WII ,~PT.NW 1/4 NE 1/4 AND PT.REV 1~IlECl(ED ~,SW 1/4 NE 1/4 SEC 9 7B 26or-PIlIlVED ",E-~ OATE 04-26-10 VEENSTRA &KlMM,INC,3000 Wesrown Parkway We«De$MoInes,10Wl!50266-1320 1 OF 1 A.C.5f5-22S-l1000 515-225-7B48 fFAlO B0Q-l4f-BOOO (WATS;I ~,~~1S~1l