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Home My WebLink About2012-04-02-Resolutions 12-75_Fox Creek-Alice's Rd Outfall Sewer - EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 12-75 APPROVING PUBLIC UTILITY EASEMENT(S)(OAKLEAF PROPERTIES,LC) IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE,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 Oakleaf Properties,LC,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 Oakleaf Properties,LC,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$8,149.00. Attest: J~7r ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X X X NAY ABSENT ABSTAIN X 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Book 2012 Page 5674 Document 5874 Type EASE Pege~eDate4/12/2012 Time 12=37 PM Bee Amt $32.00 MTG- PCRF- SKRF- Chad Airhart f Reecr-der-ODD - Dallas County IOWA Ole - 11111111111111111111111111111111111 RETURN TO: Becky Schuett,Deputy City Clerk City ofWaukee-~~,'H',.',.,<j.,230W.ickman Rd. .'Waukee,IA 50263 (515)987-4522 Prepared By:Forrest S.Aldrich,Veenstra &Kimm,me"3000 Westown Paikway,West Des Moines,lA 50266 (515)225-8000 ~u.¥eU!iha &Rhnm lug 38se VMtuwn pfu1lway 'Vwt Bu MehlW fA 58£66 (515)225 seSQ PUBLIC UTILITY EASEMENT(S) Easement No.5 KNOW TO ALL MEN BY THESE PRESENTS: L Grant of Basementts), The undersigned,Oakleaf Properties,L.C.,(hereinafter referred to as the "Grantor(s)"),in consideration of the sum of Eight Thousand One Hundred Forty-nine Dollars ($8,149)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 South 35 acres of the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4) of 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 South 35 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 12,730 square feet,more or less. Page I of5 Book 2012 Page 5674 1 of 6 Temporary Easement A part of the South 35 acres of the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4) of 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 South 35 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 29,790 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 thereof to 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 subject 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 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 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 ofS Book 2012 Page 56742of6 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 Page 5674 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. 10.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 Oakleaf Properties,L.C.,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 of5 Book 2012 Page 5674 4 of 6 Dated this __J..~_~_~,,-_..e=--\__day of Yvb ~l ,201~ Oakleaf Properties,L.C.(11 ~.yo. 4"e.2n&ur On the ~day of fY\1ArcJt ,20 \'2.-,before me,the undersigned,a Notary Public in and for the State of d..ovV'O-,personally appeared <6y-o.c\\e.zJ L.'?Su.r-r and T().Y\.\0-.m .'8VV-''1 to me known,who,being by me duly sworn,did say'that they are-the- ,-and J:VV\..ll.!Q..!<!i'Y'\.!..llbb1:Q..~r 5d.-_ respectively,of the corporation executing the foregoing instrument;that (no seal has been procured by)~he seal affixed thCleto is the seal ofJ-the corporation;that said instrument was signed ·~ar on behalf of the corporation by authority of this Board of Directors;that \¥;''{'o-.c\\~\--.(S iA.r+-and -r&r\\"'-vV'\..is IAJ"'-\-- acknowledged tit/:execution of the Instrument to be the voluntary act and deed of the corporation,by it and by them voluntarily executed. Notary Public i and for the State ofJ:.Dw,,"- My commission expires f:J.»..p:J.u..,20 \3 Page 5 of5 Book 2012 Page 5674 5 of 6 ACQUISITION PLAT PREPARED BY:VEENSTRA G KH~M,INC.-3000 I'IESTOI'IN PARKWAY -WEST DES MOINES,IOWA 50266-1320 -[515)225-8000 OWNER: OAKLEAFPROPERTIES,L.C.FOR PERPETUAL PUBLIC UTILITY EASEMENT BOOK 2000 PAGE 13304 FOR THE cITY OF ~IAUKEE,I0\1A PARCEL NO.: 500 16-09-200-003 00 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM (SOUTH ZONE)r hereby certHy that this land surveying document HilS prepared end the r-ereteu survey work sas -.. ~~~~~~~~~o~Ya:~~e~n~e~mm~~~j~C~i~~~~~~etand Jl:~'~>"--""''W>' Surveyor under the laws of the State 01 lowe.~8rle"L ~ Signed Date Vente."",..=J?d..~3/UI)~'""",~r.fjl'i\i~;l Brian L.'rentes.P.L.S.~ Iowa License No.18370 fly license renewal date is neceener-31,2012 LEGEND PERPETUAL PUBLIC UTILITY EASEMENT AREA"12,730 SQ.FT. TEMPORARY CONSTRUCTION EASEMENT AREA"29,790 SQ.FT. nss.NO.OC~t·-3D.' ~ IIIlAlal ,~~,~acv ""PRDV61 '"M"0""10 VEENSTRA &KIMM,"INC. PUBLIC UTILITY EASEMENT IN PT.SW 1/4 NE 1/4 SEC 9 78 26 E-5 3000 Wesl<l ....Parkway West oes Molnel',/0"'"50261;-1320 1 OF 1 515-225-lJOOO 5r5-225-7848(F..u:;J BPO-241..f1DOO(WATSl flllJ.JU:T 275211