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Home My WebLink About2016-12-05-Resolutions 16-512_Little Walnut Creek Regional Lift Station Expansion - Easement - YMCATHE CITY OF WAUKEE,IOWA RESOLUTION 16-512 APPROVING SANITARY SEWER KASEMKNT ASSOCIATED WITH LITTLE WALNUT CREEK LIFT STATION EXPANSION PROJECT [YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER DES MOINES,IOWA] INTHENAMEANDBYTHEAUTHORITYOF THECITYOF 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 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 Young Men's Christian Association of Greater Des Moines,Iowa,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 Basement associated with Little Walnut Creek Lift Station Expansion Project [Young Men's Christian Association of Greater Des Moines,Iowa]in the amount of $7,900.00. Rick Peterso,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 IIJIIIJIJIIIJIIIJIIIIIJJIIjjijiiiliIIIIJJIJJJJJJIIIJIIIIJIJIJIJIJJIIIII Recorded:12/19/2016 at 09:01:23 A11FeeAnt:$27.00 Page 1 of 5DallascountyIowaChadC.Aii hart RECORDERFrise -2016 -25473 Bill/Return to: Becky Schuett,City ol Waukee 230 W.Hickman Rd. Waukee,IA 60263 Pre ared b Tratds I paul Veenstra tk Kircon Inc 3000 Westown pkw West Des Moines Iowa 50266 515 125-8000 SANITARY SEWER EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigned,Youn Men's Christian Association of Greater Des Moines Iowa (hereinafter referred to as the eGrantor(s)o),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Five Thousand Ei t Hundred and 00!100 Dollars $5 800.00 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 perpetual easement (hereinafter referred to as "Sanitary Sewer Easement"or eEasement(s)a)and right-of-way upon, over,under,through and across the real property legally described as: Lot 1,Waukee YMCA 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 1,Waukee YMCA Plat 1. Containing 3,334 square feet,more or less. 2.Use and Pu ose of Easement s This Easement shall be granted for the purpose of locating sanitary sewer(s)(hereinafter referred to as e Sewer(s)e)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 consnuct,replace,locate,rebuild,enlarge,reconstruct,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 of 4 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, 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;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. 4.1~Uht fA 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 obstiuctions 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 I'rom 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.Runuin of Benefits and Burdens. The terms and conditions of this Easement are bindiug 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 the 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 terms and conditions of this Easement 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 term "City"as used herein shall refer to the City of Waukee,Iowa,its elected officials, g t,ply,ff,d I t .Th t AG t ()phil f t~YM Christian Association of Greater Des Moines Iowa,their heirs,assigns,successors-in-interest,or lessees,if any. 10.A~tt '1' 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. 11.~lt 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 h Headin s. 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 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 share,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. Page 3 Gf4 Dated this ')—day of.-)8 ,20+6 Youn Men's Christian Association Of Greater Des Moines Iowa catt eI'e a Q+r)vvc1'lp x C ED Attest: liam F.ard,Mayo Attest: 5 i&iw C i'res!ri)vis)g —C.F& STATE OF IOWA )PQt-k.)SS: COUNTY OF~S ) Tim Moe an,City Administrator On this 5 day of 5e-cs'r)&MAL ,20 )be,before me,a Notary Public in and for said State and county,personally appeared (signatory name),to me personally known,who being by me duly s or affirmed did say that that person is C,)a Q of said and that said instrument was signed on behalf of the said co ration or association by authority of its board of directors or trustees and the said~i~acknowledged the execution of said instrument to be the voluntary act and deed of sai corporation or association by it voluntarily executed. otary Pu c in and for the State of Iowa STATE OF IOWA ) )SS COUNTY OF DALLAS ) ~L IIHIIIHIIIOIT5Cemmiaa)en Numiaar 768719 ss cemnsaaloa napi~ On.this /W day of &kf,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 voluntary act and deed oi the City of Waukee,by it and by them voluntarily executed. ,.~",REBECCA D.BCHUETT Notary Public in and for the State of Iowa Page 4 of 4 PREPAflEO BY:VEENSTRA 6 KINK,INC.-3000 NESTOKN PARKNAY -NEST OES IBISES.IONA 50266-1320 -(515)225-6000 RETURN TO:YEENSTRA 0 KOIN,TNO.-3IIOO NESTONN PARKNAY -NEST OES NOISES,IflNA 50266-1320 -1515)225-0000 OWNER YOUNG NEN'S CHRISTIAN ASSOCIATION OF BFIEATER OES MOINES,IONA SOON 2008 P~155B3 PARCELIO: 12-28-475-001 EASEMENT DRAWING FOR PERPETUAL SANITARY SENER BEING CONVEYEO TO THE CITY OF NAUKEE,IONA A pa 26 gE 8gpC QV @C NEST 10.00 CP EAST 20.00 ~+ 210 NARRIOR LANE MAUKEE.IA 50253 I I EXTSTTNO 10 FOOT P.U.E.— ASSUMES NORTH I"=100' 100 200 PERPETUAL EASEMENT 3,334 SQUARE FEET SCALE V SOO' CA X OP i~i / / / / / / Q II Q.IV.«TuRZ -L ORI )/p EO LOT 2 SANITARY SENER EASEMENT IN LOT I,IYAUKEE YMCA PLAT I XFOI NsltllNI Aehee'Wet Oa Ahkas,Aah mF4 l43F 1OF1