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Home My WebLink About2016-12-05-Resolutions 16-510_Little Walnut Creek Regional Lift Station Expansion - Easement - BroderickTHE CITY OF WAUKEE,IOWA RESOLUTION 16-510 APPROVING SANITARY SEWER EASEMENT ASSOCIATED WITH LITTLE WALNUT CREEK LIFT STATION EXPANSION PROJECT [PHILIP E.BRODERICK,LLC,AND CHARLOTTE R.BRODKRICK,LLC] IN THE NAMEAND BY THEA UTHORITYOF 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 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 Phillip E. Broderick,LLC,and Charlotte R.Broderick,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 [Philip E.Broderick,LLC,and Charlotte R. Broderick,LLC]in the amount of $28,400.00. Attest: Rick Peterso,Mayor Pro Tem 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 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID:007000080007 ryfye:EASE Recorded:12/19/2016 at 09002:54 AI1 Fee Amt:$37.00 Page 1 of 7 Dallas County Iowa Chad C.Airhart RECORDER Fi left BK 2016 F625475 Bill/Return to: Becky Schuett,Cfty of Waukee 230 W.Hickfnan Rd. Waulcee,IA 50263 Prc medby Travis 1 paul vccnstrs fk Kinutt inc 3000 wcstown pktv west Dcs Moines lowe 50066 st 1 003-3000 SANITARY SEWER EASEMENT S KNOW TO ALI.MEN BY TIIESE PRESENTS: l.Grant of Easement s The undersigned,Phili E.Broderick L.L C and Charlotte R Broderick L.L C, (hereinafter rc:ferred to as the 0Grantor(s)0),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Twent Eioht Thousand Pour Hundred and 00/100 Dollars ~020400.00 Dd th 0 d't I ht td'tt,tt tvt'd t'f t y f hereby acknowledged,docs hereby sell,grant,and convey to the City of Waukee,Iowa,a municipal Corporation (hereinafter refetred to as "the City"),a permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer Easement"or nEasement(s)0)and right-of-way upon, over,under,through and across the real property legally described as: Lots 1 and 2,Waukee Greenway Park Plat 1,an Official Plat,now included in and forming a part of the City of Waukce,Dallas County,Iowa AND the Northeast Yd of the Southeast Y4 of Section 28,Township 79 Notth,Range 26 West of the 5'"P.M.,Dallas County,Iowa. Perpetual Easement The West 10.00 feet of the East 20.00 feet of said Lots 1 and 2,Waukee Grecnway Park Plat 1 AND Thc West 37.00 feet of the East 70.00 feet of said Northeast I/4 of the Southeast 1/4. Containing 53,661 square feet,more or less. Pa c l of5 2.Usc and Pu ose of Easement s . This Easement shall be granted for the purpose of locating sanitary sewer(s)(hereinafter refen ed to as "Sewer(s)")and to permit and allow the city to enter at any time upon,over,under, through,and across into said Easenient(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 additional Sewer(s)therein or to connect andior join Seiver(s)and appurtenances thereto)and to forever maintain Sewer(s)whenever necessary within the Easmuent(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. 3.Maintenance. After the initial construction of the Sewer(s),and acceptance by the City,the City agrees, as part of the rcconstmction,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 replacin&g of the easement area;any subsequent restoration by reason of settlement,depression or any unknown conditions shall bc the sole responsibility of the Grantor(s)at the Grantor(s)'sole expense. 4.~&&h&&A 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.Hold Harmless. The Grantor(s)agrees to indemnify and hold harmless the City,its elected oliicials, employees,officers,agents,representatives,contractors,and attorneys fi.om and against any and all claims or demands for liability,loss,datnage,costs,expenses,or attoniey's fees of any kind t'or 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 tcinis and conditions of this Easemcnt are binding upon the Grantor including,but i'lot 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. Pa ezoi5 7.Jurisdiction and Venue. Thc 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. 9.Parties. The term "City"as used herein shall refer to the City of Waukee,Iowa,its elected officials,pty,fa,d ir t..Th ur "e t ()"hll.f t~paa a. Broderick L.L.C.and Charlotte R Broderick L L C,their heirs,assigns,successors-in-interest, or lessees,if'any. 10.~Att »'.F The City may enforce this instnnnent by appropriate action,and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incuned in such litigation. 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 paities. l2.Paraera 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 Easmnent 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 of 5 Dated this ~~day of .20~7' Phili K.Broderick L.L.C. 0*'~I Q«m&«W Cite trfk«k i ,i J liam F.Pe'rd,ayor Attest:Attest: 7 jcao~.,— Tim Moerman,City Administrator STATE OF IOWA )PCS.)SS: COUFITY OF ~S ) On this ~day of 4~mr,20~,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 sworn or affirmed,did say that that erson is I!vm ie)e-kj,(official title)of said «'!i -uek&vlc L.(limited liability company)and that said instrume t was signed on behalf of the said limited liability company by authority of its managers and the said P!:M~m!rate)c-'v ia'(siyiatory name) acknowledged the execution of said instrument to be the voluntaiy act and deed of said limited liability corn an b it voluntaril executed. JOAN iilNNERS Cemmissmn Number 78498 Ny Commission E 'es June 20 2017 JA~ Not r Public in and for the State of Iowa STATE OF IOWA ) )SS COUN'I Y OI'DALLAS ) On this ~I%day of',201(0,before me,the undersigned,a Notary Public in and for said County and State personally appeared William Peard and firn Moerman.to me personal!y known,who being by me duly sworn,did say that they are the Mayor and City Administrator of the City of Waukec,Iowa,a municipal corporation,executing the v ithin and foregoing instrument and acknov ledged that they executed the same as their voluntary act and deed of the City of Waukee,by it and by them voluntarily executed. ,'8',REBECCA Et.BCFIUETf 8 .Corn „,'«sion tuccnc-:7'1&496 stay 13,sin 7 Notary Public in and for the State of Iowa Page 4 of 5 Dated this day of 20 Charlotte LBrodcrick L.L.C.Citv of Waukee illiai F.Peard,Ma or Attest:Attest:3,7/c' Tim Mociman,City Administrator STATE Ol'IOWA ) )SS: COLINTY OF DALLAS ) STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this /M day of kQ ttt4'f ,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 mc duly sworn,did say that they are the Mayor and City Administrator of the City of Waukee,Iowa,a municipal corporation,executing thc within and foregoing insttutncnt and acknowledged that they executed thc same as their voluntary act and deed of the City of Waukee,by it and by thein voluntarily executed. On this 24 day of Qi„,20 t(D,before mc,a Notary Public,in and for said State and county,personally appeared "~8 C (signatory name),to mc personally known,who being by me duly swont or affimted,did say that that person is WBfttx i A -Di'r (ofticial title)of said C.tx L.L (limited liability company)and that said instrument was shrined on behalf of the said limited liability company by authority of its managers and the said I i,~(signatory name) acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed.ttttlltlttS Not blic in and for the State of Io&a ";„~i'R'i'A't.~„:" Ir(illitltt nope~R BECCA 9.:CHBFtt ~r Co —.mission N:;o tt6'9S My Connioio-io'imp'roo no I'say 'I .,2c17 Notaiy Public in and for the State of Iowa Pago 5 of 5 PREPARED BY.'VEENSTBA S KIN)I INC.-3DOQ NESTONN PAHKNAY -NEST OES NOISES.IONA BDPBB-1320 —1515)225-BQOD RETURN TO:VEENSTHA K KDN,INC.-3QQQ NESTONN PABKNAY -NEST OES NDINES,IONA 50255-1320 -1515)225-BQOQ EASEMENT DRAWING ~EFL PHILIP E.BROOERICK.LLC CHARLOTTE R.BHOOERICK,LLC~2005 P~19881P~EN 12-28-478-001 12-28-A77-001 ASSUMER NORTH '"=100 ' FOR PERPETUAL BANITAFIY SEVIER BEING CONVEYEO TO THE CITY OF NAUKEF,IONA / g ——-—I- gM / / / /NEST 10.00' /EAST 20.00'i / /LGT 1 0 /FAIorIHU Io rom F.U.F..— / /EXIOTLUU YO FOOT P.U.E. N 'EAITuRE ~~ DR I)/E EP LXIOTXUO IO FOOT P.U.E. ~+ LGT 2 NEST 10.00' EAST 20.00' 100 200 LGT 3 AO FOOT F.U.E.—H j II II U.S.HIGH)SAY 6 —HIOKMAN ROAD P~!:„'RF83 PERPETUAL EASEMENT 3,360 SGUARE FEET 0 1.532 SQUARE FEET SANITARY SENIER EASEMENT IN LOTS 1 AND 2.)VAUKEE GEENP)AY PARK PLAT 1 E —2 10F 2 EASEMENT DRAWING FOR PERPETUAL SANITARY GENER BEING CONVEYED TO THE CITY OF NAUKEE.IONA GYYNEB; PHILIP E.BROOERICK.LLC CHARLOTTE R.BROOERICK,LLC SGQK 2006 PAGE 19861 SEC 28-79-26E1/c)COFINER PARCEL ID:FND:CUT"Y0" 12-26-c)00-003 NBS 30 23 N 2,632.67 CENTER SEC 28-79-26 FND:STONE PREPARES BY:YEENBTAA 6 KIML INC.-3000 NESTOKN PARKNAY -NEST OEB NOINEB,IONA 50256-1320 -1515)225-8000 RETURN TO:YEBSTRA 6 KIML INC.-3000 NESTONN PAAKKAY -NEST OES NOINES,IONA 50KB-1320 —)515)225-0000 NEST 37.00' EAST 70.00' GRID NOFITH IONA STATE PLANE COORDINATE SYSTEM SOUTH ZONE DC CD m cD m CD CD CD DJ 0 160 300 i cY EAST 33.00' ,'IcS PERPETUAL EASEMENT 46,7SS SQUARE FEET TOTAL AREA 63,661 SOLIARE FEET DfNNI T4' CC.C. ROC C CCCHCCCI SE CORNER SEC 28-79-26 FND:1"PLUS SANITARY SENER EASEAIENT IN THE NE 3/z)SE t/z) SEC 28-79-2S ERIC BNRI INIStlNI ~RCcsl Dcc ~CCcCccc ~CNg E —2 2OF2