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Home My WebLink About1999-02-22-Resolutions 99-15_Broderick - EasementRESOLUTION NO.99-15 WHEREAS,the City of Waukee,Iowa desires to accept a temporary and perpetual easement for StOIDl Sewer and Surface Water Flowage of property described in the proposed easement agreement,a copy of which is attached hereto;and WHEREAS,the Grantors in said easement have agreed to convey said easement for a in consideration ofthe sum of $1.00;and BElT FURTHER RESOLVED That the City of Waukee's acceptance of said easement be endorsed thereon,and that the same be filed for record at the Dallas County Recorder's office. ~~Donald L.Bailey,Jr.,Mayor STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT )Know All Persons by These Presents: That Phillip Broderick,(hereinafter called "Grantors"),for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,do hereby convey unto the City of Waukee,Iowa,a municipal corporation,(hereinafter called "City"),a temporary easement and right-of-way under,over,on,through,across and within the following described real estate: for the purpose of constructing a storm sewer,together with necessary appurtenances thereto,under,over,through and across said Easement Area,as well as for the purpose of constructing and grading the surface of said Easement Area in a manner that will permit the free and unobstructed flow of surface water over the Easement area,such temporary easement and right-of-way to continue until October 1,1999,at which time the following described perpetual easement and right-of-way shall take effect. \I The centerline ofa 150.00 foot wide Storm Sewer and Surface Water Flowage Easement described as commencing at the Northeast Corner of Section 5, Township 78 North,Range 26 West of the 51hp.M.,Dallas County,Iowa;thence SOoo06'40"W along the East Line of the NE V.of said Section 5 a distance of 885.00 feet to the Point of Beginning'thence,N69°53'20"W a distance of 60.97 feet;thence N44°24'20"W a distance of 102.11 feet'thence,N34°5T 17"W a distance of700.00 feet'thence N30001 '56"W a distance of249.82 feet to a point on the North Line of the NE V.of said Section 5,said point being 656.50 feet West of the Northeast Corner of said Section 5 and to the end of said easement, hereinafter called the "Easement Area",for the purpose of the City constructing, reconstructing,repairing,enlarging,replacing,inspecting and maintaining a storm sewer, together with necessary appurtenances thereto,under,over,through and across said Easement Area,as well as for the purpose of constructing and grading the surface of said j The Grantors do hereby further convey unto the City a perpetual easement and right-of-way under,over,on,through,across and within the following described real estate: The centerline of a 60.00 foot wide Storm Sewer and Surface Water Flowage Easement described as commencing at the Northeast Corner of Section 5, Township 78 North,Range 26 West of the 51hp.M.,Dallas County,Iowa;thence SOoo06'40"W along the East Line of the NE V.of said Section 5 a distance of 885.00 feet to the Point of Beginning;thence,N69°53 '20"W a distance of 60.97 feet;thence N44°24'20"W a distance of!02.11 feet;thence,N34°5T 17"W a distance of 700.00 feet;thence N3 0°0 l'5 6"W a distance of 249.82 feet to a point on the North Line of the NE V4 of said Section 5,said point being 656.50 feet West of the Northeast Corner of said Section 5 and to the end of said easement, Easement Area in a manner that will permit the free and unobstructed flow of surface water over the Easement area. This Easement shall be subject to the following terms and conditions: 1.Erection and Placement of Structures Prohibited.Grantors shall not,nor will grantors allow any other person or entity,to place,or cause to be placed on this easement area,any structure,material,device,thing,or matter which could possibly obstruct or impede the normal flow of surface water over the Easement Area without obtaining the prior written approval of the City Engineer. 2.Change of Grade Prohibited.Grantors shall not change the grade,elevation or contour of any part of the Easement without obtaining the prior written approval of the City Engineer. 3.Right of Access.The City shall have the right of reasonable access to the Easement Area,and have all rights of ingress and egress reasonable necessary for the use and enjoyment ofthe Easement Area as herein described, including,bot not limited to,the right to remove,without liability to Grantors, any unauthorized structures under,over,on,through,across or within the Easement Area. 4.Liability.Except as may be caused by the negligent acts or omissions of the City,its employees,agents,or representatives,not exempted by statute,and except as provided herein,the City shall not be liable for any injury or property damage occurring in or to the Easement Area,nor for property damage to any improvements or obstructions thereon,that results form the City's reasonable exercise of its rights herein granted.Grantors agree to indemnify and hold the City,its employees,agents and representatives harmless from any loss,damage,injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent or intentional acts or omissions of Grantors or their employees,agents or representatives. The City shall restore the Easement Area after exercising its rights hereunder from time to time (including repairing or replacing any paved roadway, driveway,sidewalk,parking,curb,fence,landscaping,or ground cover). 5.Easement Benefit.This Easement shall he for the benefit ofthe City,the owners of the property abutting said Easement Area,and the owners of the property abutting said Easement Area,and the owners of property lying within the City,but rights hereunder may be exercised only by the City and/or its designated agents. 6.Easement Runs with Land.This Easement shall be deemed to run with the land and shall be binding on the parties and on the heirs,successors and assigns of the parties hereto.Upon conveyance of easement area by Grantors, duties,obligations and liabilities of Grantors hereunder shall pass to such heirs,successors or assigns,and Grantors shall have no further duties, obligations or liabilities hereunder. 7.Approval by City Council.This Easement shall not be binding until it has received final approval and acceptance by the City Council of the City of Waukee,Iowa,by Resolution which fmal approval and acceptance shall be noted on this Easement by the City Clerk. 8.Warranties.Grantors do hereby convenant with the City that (1)Grantors hold the Easement Area by title in fee simple,subject only to easements and restrictions of record;(2)Grantors have good and lawful authority to convey the same;and (3)Grantors covenant to warrant and defend the Easement Area against the claims of all persons whomsoever except those claims arising through or under the City. 9.Construction.Words and phrases herein,including the acknowledgment hereof,shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. ) Signed this 2nd day of February,1999. Grantors:Grantee: Philip Broderick City of Waukee By Philip Broderick By Gregory S.Fetterman City Clerk By _By _ ] I CERTIFICATION: EASEMENT PLAT /II·e.eO,eN E'R SEFc.s-78 -Etv I hereby certify that I have surveyed for and prepared this Easement Plat;that said Easement Plat is correct to the best of my knowledge;and that I am a duly licensed Land Surveyor in the State of Iowa. II 40'gO.r'!. ~'c»'id!,~'M~/-2t:.:lLBarryA.Date 98-51' ilil~dUlll .j'::II!Ulll'I'IIIII_~Q.IIIItPllll!1 :IJlIl lI"1lh e-1n ·I'1 DL'!i !{lllitU'!i.~ilt1l11" ,...._,...____......__,.C').-.-.........__"'~T._.",;.,..,.~.~..,-,.!tl~'8?J:"_.-.:::-::._~'.'"~.~';I""~:'J<';-....,_2 -9"~\;.-ft.?il.-------'.•,...,.'/5 .oo,R f"l!Mif HOMe.'5 .'""