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Home My WebLink About2016-12-05-Resolutions 16-511_Little Walnut Creek Regional Lift Station Expansion - Easement - Ladco Properties XXXITHE CITY OF WAUKEE,IOWA RESOLUTION 16-511 APPROVING SANITARY SEWER EASEMENT ASSOCIATED WITH LITTLE WALNUT CREEK LIFT STATION EXPANSION PROJECT [LADCO PROPERTIES XXXI,LLC] IN THE NAME AND BY THE A UTHOR1TY OF THE CITY OF WA UKEF.,IOIYA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that a Sanitary Sewer Easement is necessary for the purpose of construction of the Little Walnut Creek Lift Station Expansion Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Ladco Properties XXXI,LLC,and legally described as referenced in Exhibit A,Easement Area,of the Sanitary Sewer Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 5'"day of December,2016,that it hereby approves the Sanitary Sewer Easement associated with Little Walnut Creek Lift Station Expansion Project [Ladco Properties XXXI,LLC]in the amount of $7,200.00. Rick Peters,Mayor Pro Tem Attest; Rebecca D.Schuett,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 IIIIIII |IIIIIIIIIIIIIIIIIIIIIIllllllwllnlllllIIIIIIIIIIIIIIIIIII Doc ID:007000070005 Type:EASE Recorded:12/19/2016 at 09:02:07 AM Fee Anti 627.00 Page 1 of 5 Dallas County Iowa Chad C.Airhart RECORDER Fi 1crt SK 2016 F025474 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 60263 I'rc ared 6 .Travis I paul Vccnstra k.Kimm inc 3000 tycstown pkivu West Dcs Moittes io'itti 50t66 5t I 225-800ft SANITARY SEWER EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: 1.Grant of Easement s The undersigned,Laden Pro erties XXXI L.L.C.,(hereinafter referred to as the nGrantor(s)n),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Sevett Thousand Two Hundred and 00/100 Dollars $7 200.00 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 petpetual easement (hereinafter referred to as "Sanitary Sewer Easement"or uEasement(s)u)and right-of-way upon,over,under,through and across the real property legally described as; Lot 3,Waukee Grcenway Park Plat I,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,Iowa. Perpetual Easement The West 10.00 feet of the East 20.00 feet of said Lot 3,Waukee Greenway Park Plat l. Containing 2,417 square feet,more or less. Use and Pu ose of Easement s This Easement shall be granted for the putI5ose of locating sanitary sewer(s)(hereinafter referred to as uSewcr(s)u)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 construci.s replace,locate,rebuild,enlarge,reconsttltct,patrol,repair (including the right to place and build additional Sewer(s)therein or to connect and/or join Sewer(s)and appurtenances thereto)and to forever maintain Sewer(s)whenever necessary within the Easement(s)granted herein.No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. Page I of4 3.Maintenance. After the initial construction of the Sewer(s),and acceptance by the City,the City agrees, as part of the reconstruction,maintenance and patrolling of the Sewer(s),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),except the City shall not be required to replace landscaping,trees, shtxbs,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;any subsequent restoration by reason of settlement,depression or any unknown conditions shall be the sole responsibility of the Grantor(s)at the Grantor(s)'sole expense. 4.Riuht of Access. 1 he 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.Hold Harmless. The Grantor(s)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(s)arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6.Runnin 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 and are binding upon and inure to the heirs, assigns,successors,tenants and personal representatives of (he parties hereto. 7.Jurisdiction and Venue. The City and the Grantor(s)agree the District Court of the State of iowa shall have exclusive jurisdiction over the subject matter and enforcement of the teims and conditions of this Easemcnt and said parties consent to the jurisdiction of the person being in Dallas County,iowa. 8.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. Page 2 of 4 9.Parties. The tenn "City"as used herein shall refer to the City of Waukee,iowa,its elected ofticials, g t,ply,ffi,d t t;.Fl t AC t {)y 1 11 f tedPti XXXI L.L.C.,th 1 h 1,1,-1 -1 t t,I,it'y. 10.A~tt 'F The City may enforce this instrument by appropriate action,and should tlsey prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incuned in such litigation. 11.~tt ti 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. 12.Para ra hHeadin s. The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with,the intetpretation of this Agreement. Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easement Area by title in fee simple;that Grantor has good and lawful authority to convey the same;and said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the lawful claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive sharc,if any,in and to the interests conveyed by this Easement. Words and phrases herein including acknowledgement hereof shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. Pa e 3 fyt'4 Dated this (co day of Qcxorsoevo—,20 Laden Pro erties XXXI L.L.C ~cit rw k i am P.Pear Mayor Attest:Attest: Tim Moerman,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) On this (o day of CocxosSri™,20 I I,before me,a Notaiy Public,in and for said State and county,personally appeared (e.p,coHsTro (signatory name),to me personally known,who being by me duly sworn or aftirmed,did say that that person is 6 asm os s Es coosrsexn-(official title)of said co Ron&is%is-.S WWIe I 1 t c (limited liability company)and thatsaid instrument was signed on behalf of the said liniited liability company by authority of its managers and the said ris ps MHs frs (signatoiy name) acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Nota blic i d for the State of Iowa STATF OF IOWA COUNTY OF DALLAS ) )SS ) KKVIII S SNYrrao o '$Comrolssloo Nomtm I Soir Comsolssion rr;.-x . Il-4-i V On this I@I day of kN k'I ,20~,before me,the undersigned,a Notary Public in and for said County and State personally appeared William Peard and Tim Moerman,to me personally known,who being by me duly sworn,did say that they are the Mayor and City Administrator of the City of Waukee,Iowa,a municipal corporation,executing the within and foregoing instrument and acknowledged that they executed the same as their voluntaiy act and deed of the City of Waukce,by it and by them voluntarily executed. rrrxr r PIEBECCA 0 SCHUHT Commission Siorraer 71 6496 ioy Commission Expires rorr'may Is,2017 Notary Public in and for the S ate of Iowa Page 4 of 4 PRLPAREB BY:YEENsTRA 0 KTMN,Dlc.—3000 NEsTBNN PARKNAY —NEBT BEB NOTNEs,TORA 50256 I320 —l535l 225"0000 RETURN TO:YEEMBTRA 0 KOBI.INC.-3000 NESTONN PARKNAY —NEST OES MOTMES,IONA SI255-3320 "I535l 225 0000 EASEMENT DRAWING OWNER LADCO PROPERTIES XXXI,L.L.C.~2030 P~966 PARCELIR 32-28-478-002 FOR PERPETUAL SANITARY SENER SETNG CONVEYED TO THE CITY OF NAUKEE.ZONA ADDRESR 26 N.HICKNAN ROAD NAUKEE,IA 50263 ASSUMED NORTH I ='IGG ' 100 /II /' / LOT 3/ / /Cx AI,'UETVTueE P OFII T/E Co EÃIBTIMB IO FllOT PALE.~! ~+II LGT 2 I I 200 NEST 10.00' EAST 2O.OO' LGT 3 U.S.HIGHWAY 6 —HICKMAN FIOAD P,,',,IpgX PERPETUAL EASENENT'"'"'2,437 SOUAPIE FEET SANITARY SEWER EASENIENI IN LOT 3,WAUKEE GEENWAY PAPIK PLAT WSI Wekwm ~~lMst le INt4Nh tw%46&f 1JQP