The URL can be used to link to this page

Home My WebLink About2016-12-05-Resolutions 16-513_Grant Woods Waukee P1 Lot 11 - Overland Flowage EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 16-513 APPROVING PUBLIC OVERLAND FLOWAGE EASEMENT [LOT 11 OF GRANT WOODS WAUKEE PLAT I} IN THE NAME AND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that an additional Public Overland Flowage Easement is necessary to convey the flow of storm water between Lot 10 and Lot 11 of Grant Woods Waukee Plat 1;AND, WHEREAS,said easement shall be located on a portion of Lot 11 of Grant Woods Waukee Plat 1 and legally described as referenced in Exhibit A,Easement Area,of the Public Overland Flowage Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 5th day of December,2016,that it hereby approves the Public Overland Flowage Easement associated with Lot 11 of Grant Woods Waukee Plat l. Attest: Rick Peter,Mayor Pro Tem Rebecca D.Sc uett,City Clerk ROLL CALL VOTE Anna Bergman Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID:007000090007 Tvne:EASE Recorded.'12/19/2016 at 09:03'.21 A11 Fee Aat;$37.00 Page 1 of 7 Dallas CountV Iowa Chad C.Airhart RECORDER Fslee-20i6 25476 PVBLIC OVKRLAlilD KLOWAGI'KASKMKNT Preparer Information:(name,address and phone number) Lisa R.Wilson 475 Alice's Road,Suite A Waukee,iowa 50263 (515)369-2502 Return Document To;(name and complete address) .-C i ty of W au kee,lowe Rebecca Schuett,City Clerl 230 W.Hickman Road Waukee,iowa 50263 Grantor: Newblood Homes,LLC Grantcc: City of W au kee,iowa Legal Description: See Bahibit A. OVERLAND f LOWAGK EASKMKNT ICNOW AI.I,PERSONS BY TIIESE PRESENTS; That Newblood Homes,LLC,an Iowa limited liability company (hereinafter called 'Grantor),in consideration of the sum of One Dollar ($1.00)and other good arid valuable consideration,the receipt &snd 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 'thc City"),perpetual easement for an overlmtd flowage and right-of-way area of a size and specifications as approved by the City over.under, through and across the following described real estate thc real property legally described as: See Exhibit "A" 2.Use and Pur sosc of Easement s . This Easement shall be granted for the purpose of locating and maintaining &l surface tvater l1owage area and svhich permits and allows the City to enter at any time upon and into said Easement as described hen ein,to patrol,police and maintain said Easement and to usc as much of the surface mtd sub- surface thereof to construct,replace,locate,rebuild,enlarge,reconstruct.patrol,repair and to forever maintain said easement whenever necessary,in the City's sole discretion.No structure or building of any kind whatsoever shall bc erected upon the said Fasement v ithout the express vvritten consent of the City. 3.Maintenance. The Grmttor(s),their successors and assigns covenant and agree to keep and maintain thc grading and elevations of said Fasement(s),and any other repairs or maintellallcc that may bc Ilcccssary, including but not limited to,necessary vvork to the drainage tvay,in accordance with engineering plan approved by the City. The Grantor(s)further agree to keep and maintain the Easement(s)free and clear of bushes, brush,trees,trash,debris,weeds,undergrowth,objects,structures,fences,landscape elements,dirt I)Il, other obstructions,or affect grades in a manner vvhich may interfere,obstntct or impede the flotv of water in the Easement(s)areas in a nsanner acceptable to the City. The Grnntor(s)further agree the City shall not bc responsible whatsoever for any maintenance or upkeep of the land located within the Easement Area,including but not limited to maintaining the grade and elevation thereof.Said responsibility to keep aml tuaintain the Easement in good repair,maintenance &ntd condition shall rest solely with the Grantor(s),at the Grantor(s)'expense,If the City deents it necessary to protect and preserve the Easement(s),tfte City nsay perform maintenance of the Easement Area after 30 days notice to the otvner of the property over which the easement is situated,and be reinsbursed by the Grantors at the Grantors'sole expense. The nature and purpose of this easement require for thc free flosv of w&ater over and across the e&sselncnt al'ca anti hl the cvclt't tile City ulldeltakes a10&&vol'lt ln the easement arcs the City shall not be required to replace landscaping&,trees,shrubs,bushes,landscape elements,stn&ctures or untlerground water systents. The City shall have the rittht of access to the Easement Area encl have all rights of ingress anil egress reasonably necessary for the use and rnijoyment of the Easement Area as herein ilescribetlt including,but not limited to,thc right to repair,or reconstruct the surface 1vater flowage area and rcmove any unauthorized obstructions or structures placed or erected in the Easement Area. 5.Hold I termless. The Grantor(s),subsequent property ovvnin s their successors and assigns agrees to indemnify anil hold harmless the City,its elected ol'ficials,employees,officers,agmits,representatives,contractors,anil attorneys from and against any and all claims or demtnids for liability,loss,damage,costs,expenses,or attorney's fees of any kind for actions or omissions of the Grantor(s)arising out of or in connection with any undertaking arising out of or otherwisc related to this Easement. 6.Runnin 4 of Benefits and Burdens. Thc tcl'Ins anil conrlltlons of this Easclncirt al'e 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 wiih the land and are bindintt 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(s)agree that the District Court in and for the State of lowe shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement(s),and said patties shall consent to the jurisdiction of the persons and the subject matter being, in Dallas County,iowa. 8.Words and Phrases. Words and phrases herein shall be construed as in the singular or plural number,and as masculine,feminine,or neuter gender,according to the contexk 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. 10.Paiaies. The term "City"as used herein shall refer to the City of Waukee,Iowa,its elected offlcials, agents,employees,officers,and contractors.The term "Grantor(s)'shall ret'er to the Grantors,their heirs,assigns,successors-in-interest,or lessees,if any. 1 1,Integration. This Agreement shall constitute the entire Agreemcnt between the parties and no amenrfments or additions to this Agreement shall be binding unless in ivriting ant!sit&ned by both pal ties. -3- The paragraph headings in this Agreement arc 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 Grantor holds said real estate described in this Easement Area by title in fec simple;that Grantor has good and lawful authority to convey the same;mid said Grantor covenants to WARRANI'AND DEFEND the said Easement Area against the lawful claims of all persons whomsoever. Each of the undersigned llereby relinquishes all rights of dower,homestead and distributive share,if any,in and to the interests conveyed by this Easemtnlt. Words and phrases herein including acknowledgement hereof sllall be construed as in the singular or phn'al number,and as masculine or feminine gender,according to the context. Signedthis !Iyf day of "2'2rg''aafli-''tk,20I6. NEWBLOOD I-IOMEB,LLCi'I /,"' By -ric Grubb,Manager STATE OF IOWA ) )SS COUNTY OF DALLAS ) This instrument was acknowledged bel'ore me on this ~i'day of )'r".'»rr 4»,2016 by Eric Grubb,Manager of Newblood Homes,LI C. ~~D SLOAN %e My Comntlsaten Bgraa Auaust 5,251 Notary Public in mid for the State of lovva ACCFPTANCK BY CITY OF WAUKKK,IOWA CITY Ol WAUKKK,IOWA, an iowa municipal corporati n .,!fY~-= Wil 'am F.P ar, Mayor of the City ol Waukee,lowe Rebecca D.Schuett City Clerk STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of ,20)4*,before me,the undersigned,a Notary I'ublic in anti for sairl County and the State of lowe,prnsonally appeared William F.Peard and kebecca D.Schuett,to me personally known,who being by me duly sv;orn,did say that they are the Mayol'arid City Clerk of the City of Waukee,Iowa,a municipal corporation,executing the within and foregoing instrument and acknowledged that they executed the sante as their voluntary act and deed of the City of Waukee,by it and by them voluntarily executed. KATHRYN E.PURVIS"Commission Number 794513 Mv Commission Expires 7sbruary 10,3019 Printed arne:' n r ~..vi t Notary Public in and for the State of lowe PREPARED FOR: NEVIBLOOD HOMES LLC 10888 HICI MAN RD 5UITE 3B GLIVE,IA 50325 PROPERTY OIAINER5; NEVIBLOOD HOME5 LLC 10886 HIGKMAN RD 5UITE 3B GLIVE,IA 5O325 EXHIBIT 'A' OVERLAND I=LOAA&E EASEMENT'EXP I BI T LOT II 15RANT IAiOOD5 lAIAUKEE PLAT I 1055 5E 15IRANT IAIOOD5 COURT IAIAUKEE,IOiAIA LEG3AL DE5ORII TION:PROPERTY LOT n,GRANT VTOOD5 VIAUKEE PLAT I,AN OFFICIAL PLAT RECORDED IN BOOK 2015,PAGE 1410 AT TI6E DALLA5 COUNTY RECORDER'5 OFFICE,CITT'OF VIAUKEE,DALLA5 COUNTY,IOVIA. LE65AL DE5ORIPTION —OVERLAND FLO}AIA&E EA5Etu}ENT AN 6 FOOT HIDE OVERLAND FLOVIAGE EA5EMENT IN LOT II,GRANT VIOOD5 HAUKEE PLAT I,AN OFFICIAL PLAT RECORDED IN EOOIC 2015,PA&E 14'711 AT THE DALLA5 COUNTY RECORDER'5 OFFICE,CITY OF VIAUKEE,DALLA5 COUNT}',I OPIA. THAT 15 MORE PARTICULARLY DE5CPIE}ED A5. COMMENCING A5 A POINT OF REFERENCE AT THE NE CORNER OF 5AID LOT U;THENGE N71 28'38"VI,40.25 FEET AL.ON&THE NORTI-I LINE OF 5AID LOT II TO THE POINT OF BE&INNIN&;THENCE N71 2638 "VI,eIO.OO I=ELT ALON&TI-IE NORTH LINE OF 5AID LOT II TO A POINT,THENCE 505'35'45 "VI,8.21 FEET TO A POINT;THENCE 5'71'28'38"E,86.1*FEET TO A POINT THENCE NIB'3l'22 "E,8,00 FEET TO THE POINT OF 13E&INNIN&AND CONTAININC 713 50UARE FEET MORE OR LE55. NOTE5 THI5 PAPGEL MAY BE 5UBJECT TO EA5EMENT5 OF RECORD.NO TITLE VIORK VIA&PERFORMED BY THI5 5URVEYOP.. LEGEND CI I P. I R. P.O.B. P NEVIEA5EMENT LINE LOT LINE5 EASEMENT LINES POUND PROPERTY CORNER 5ET /e"I.R.VUBLUE CAP ei53&1 IRON PIPE IRON ROD POINT OF BE&INNIN& MEA5URED BEARING 6 DISTANCE PITEVIOUSLT RECORDED BEARIN&e DI5TANCE ADDRE55 ~CKC Civil Engineering Consultnnts,Inc 260026lhsuc"I Uuil12 DeeMumee.lume 50222 515 2764622 I'ex 515 2767066 mu&62ceclec ceme DATE DE51&NED BY DRAHN E}Y. 5HEET NOV.25 2015 OF 2 5-6134 EXFIIEIIT 'A' OVERLAND FLOWAGE EASEMENT EXHI BI T' I OT II CHANT IAIOOD&IAIAUI EE PLAT I IOee SE CHANT VOOE7S COUWT IAIAUI EE,IOIAIA 5/8"IP. WrBWE GAP el8381 NH CORNER LOT 0 GRANT HOOO5 HAUKEE PI.AT I SO5 '35 '4&'Fxi 8. OVERLAND FLOIAIAISE EASEMENT AREA =113 S.F. / Ox p'PUQ T+e/ (74)e/5 0 e' +et/53e: Q0 5/8"I P EVBLUE GAP el8381 NE GOIZNER LOT 0 GRANT INOOD5 WAUKEE PLAT I ~IO85 +pe' 4 +e+ (3 H 0/17 Q e02 Q~P Ax+0+go H 5547 0+&3 e/0 'O~Q ~ro75 / 3 Erc15TIN6 20 O'OVERLAND xv FLOWAGE FA5EMENT VA+P 0 VxeA+80 / ~xx 50 IU ~c,/0)q HO'0F50Aar /20 //7/i.~IOO5'265 „0 GUYto//7/.'O62,09)UQ m88'y '4'tmm'OO, 88'p Ni 5'31'22 eE 8.OO' 0Q 0 &)Z' I7l 6 III IICKC Civil Engineering Consul(an(s,Ine 2400 $8th Street Uoa 12 17 .Momcx,loom 50322 15,270 45114 Fax.515 2707004 meri'(ri'teclec.corn oOALE:IURBO' O'IO'20'30' DATE DE516NED BY. DRAWN Bl' 8 11-18/201& MMH JD5 5FIEET OF 2 5-SI34