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Home My WebLink About2017-09-05-Resolutions 17-428_I-80 West Industrial Park Lift Station-Water Main Extension - Public Utility Easement - ScaglioneTHE CITY OF WAUKEE,IOWA RESOLUTION 17-428 APPROVING PUBLIC UTILITY EASEMENT(S)RELATED TO THE I-80 WEST INDUSTRIAL PARK LIFT STATION AND WATER MAIN EXTENSION PROJECT [FRANK A.SCAGLIONE AND MELBA L.SCAGLIONE] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,108'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that a Public Utility Easement is necessary for the purpose of construction of the I-80 West Industrial Park Lift Station and Water Main Extension Project; AND, WHEREAS,said easement shall be located on a portion of the property owned by Frank A.and Melba L.Scaglione and legally described as referenced in Exhibit A,Easement Area,of the Public Utility Easement(s),which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 5"day of September,2017,that it hereby approves the Public Utility Easement(s)related to the I-80 West Industrial Park Lift Station and Water Main Extension Project [Frank A.Scaglione and Melba L.Scaglione]in the amount of $1.00. Anna ergma ayor Pro Tem Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X NAY ABSENT ABSTAIN X X cf Biil/Return to: Becky Schuett,City of 'dvaukee 230 W Hickmen Rd. Waukee,IA 50263 lllnlllllllllllllllllllllllllnllllllllllllllllilIIIIIIIII III Doc ID:007300830005 Type:EASE Recorded:09/15/2017 at 08:03:51 A(1 Fee Amt'l $27.00 Page 1 of 5 Dallas County Iowa Chad C.Airhart RECORDER File(f as 20 f 7 PS i 8220 wh ~tg '..v,,h t .t .thd,t%h.ta,t,0 PUBLIC UTILITY EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: 1.Grant of Easeinenths), fh»d.is d,f kA.,S~l dtdth LS li )«h,d d if, (h ik tt 'I''dl th GG t ()"1,fth City fty k,D ll C ty,l consideration of the sum of One and 00/100 Do/la~rs 1,00)and other good and valuable consideration,the receipt and sufficiency of which is hcrcby acknowledged,does hereby sell, grant,and convey to the City of Waukee,iowa,a municipal Coiporation (hereinafter referred to as "the City"),a pcnnanent and perpetual casenient (hereinafter ikcferred to as "Public Uiility Easemeiite or GEasement(s)e)and right-of-way upon,over,under,through and across the real property legally described as: The Southeast 1/4 of the Southeast 1/4 of Section 7,Township 78 Noith,Range 26 West of the 5"' P.M.,Dallas County,lowe,lying North of Interstate Highway 80. Perpetual Easement The West 10.00 feet of the East 50.00 feet of the North 70.00 feet of said Southeast 1/4 of the Southeast 1/4. Containing 705 square feet,more or less. Temporary Easement The West 20.00 feet of the Fast 70.00 feet of the North 70.00 feet of said Southeast 1/4 of the Southeast 1/4. Containing 1,409 square feet,more or less. Page I of4 U dP~~PB t i. This Easement shall be granted for the purpose of locating public utilities (hereinafter referred to as "Utilities")and to petmit 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 construct,replace,locate,rebuild,enlarge,reconstruct,patrol,repair (including the right to place and build additional Utilities therein or to connect and/or join Utililies and appurtenances thereto)and to forever nlaintain Utilities whenever necessary within the Fasement(s)gtranted herein.No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the cxprcss written consent of the City.The temporary easement shall be for a 12 month period,or until the end of construction,at which time said temporary will cease and tenmnatc. 3.Mamtenance. Afler the initial construction of the Utilities,and acceptance by the City,the City agrees,as part of the reconstruction,maintenance and patrolling of the Utilities,to restore and replace thc Easement area(s)to substantially the same condition as prior to the time of entry or as agreed upon by ihe 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 shilll the City be required to restore the Fasement area by reason of settlement,depression,or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area;any subscqucnt restoratioil by reason of settlement,depression or any unknown conditions shall be the sole responsibility of thc Grantor{s)at the Grantor(s)'sole expense. 4.Right of Access. '1'he City shall have the right of access to the Fasement 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 stmctures placed or erected in the Easement Area. 5,1 lold Flarmless. The Grantor(s)agrees to indemnify and hold harmless the City,its elected officials, employees,officers,agents,reprcscntatives,contractors,and attorneys )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 Fasement. d.R PB ttt dB d The terdns and conditions of this Easemcnt are binding upon the Grantor including,but tu&t limited to,future owners,developers,lessees or occupants.All provisions of this instruincnt, including benefits and burdens,run with thc land and are binding upon and inure to the heirs, assigns,successors,tenants and personal representatives of the parties hereto. Page a of4 7.Iurisdiction aiid 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 enforceinent of the terms and conditions of this L'asement 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,anil as masculine, feminine or neuter gender,accordiiig to context. 9.Parties. The term "City"as used herein shall refer to the City of Waukee,Iowa,its elected officials, agents,runployees,officers,and contractors.The term "Grantor(s)"shall refer to Frank A. Sca lione and Melba L.Sca lione,their heirs,assigns,successors-in-interest,or lessees,if any. 10.~Attome 's Fees. The City may enforce this instimment by appmpriate action,and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incurred in such 1 i ti gati on. 11.Intcnration, 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. I 2.P~~hH Ch 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 doos 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;an&1 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 slmre,if any,in and to the interests conveyed by this Easement. Words and phrases herein including acknowledgcmcnt hereof shall bc construed as in thc singular or plural number,and as masculine or feminine gender,according to the context. Page 3 of4 D t dtu ~dtt d y f~tf pfryftr ,20~i Frank A.Scaollone and Melba L.Sca lione E'tt fW k ~(/I"~Ccp+~ccj Fr k A.Scaglione Melba L.Scaglione tilia F.card,Mayor Attest:Attest 'WT ~Z T'oerm,atty Administrator 2 STATE 01.IOWA ) )SS: OOI JNTY OF DAI.I AS ) STATE OF IOWA ) )SS: COUNTY OF DALLAS ) On the~~day of ~IIItd ~+y 20~(,before mc,the undersigned,a Notary Public in and for the State of ~~~(,personally appeared F c .5"..'pf .—I 38 L„+~~f~tomeknowntobetheidentical person(s) ninned in and who executed the foregoing instrument,and knowledged that (he)(shc)(they) executed the instrument as (his)(her)(their)volunt a atid jP otady Pu lic in and for the State of Iowa APRIL 'lB,2049 On the )tr+day of 3(~W,20~),beforeme,theundersigned,aNotary pull df td dtt f~MW,p lly pp*d Ltfi()tdIKQ,It-4 rile I)ID'~"l to me known to bethe identical person(s) named in and who executed the foregoing instrument,and acknowledged that (he)(she)(they) executed the instrument as (his)(her)(their)voluntary act and deed. REBECCA I3.BCHUETT xa pp commission Number 71649rt My Commission Expires oe stay 13t 2020 Notary Public in and I'or the State of Iowa Page 4 of 4 EASEMENT DRAWING FOR PUBLIC UTILITIES FOR THE CITY OF MAUKEE,IA OWNER: FRANK A.SCAGLIONE MELBA L.SCAGLIONE BOOK 2016 PAGE 22896 PARCELID; c,r)'S,YIBST 0"GR) 1608300015 II)PIP' o YoN(oLolo( (OD,~ NEST 10, EAST 50 0o'NEST 20 oo'. EAST 70 00' NORTH ~ 70.00 EAS 30.00' EXISTING— PERPETUAL PUBLIC UTILITY EASEMENT BK20(7 PG15045 Zt A SYB t IY'.'I 1 PR PARCEL GBBK2015PG9 -- NE CORNER NE CORNER SM 1/4-Swi/EI 1/4 SE1/4 SEC 7-78-26 SEC 8-78-26 Eii CI 5(A S e--15gA,26 (2(@CC 50 CCP CE r0co r~BYY ~~go ~ST 02- GIGYY Y(0 NT ERGqA SE CDRNER SE 1/4-SE1/4 SEC 8-78-26 LEGEND SECTION CORNER PREPARED OY:VEENSTHA 0 KINK,INC.—3DDD WESTOYEN PARKWAY -WEST OES MOINES,)DNA 502GG-1320 —(515)225-8000 (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING PERPETUAL EASEMENT 705 SQUARE FEET TEMPORARY EASEMENT 1,409 SQUARE FEET NORTH 1"=200' 0 200 400 CPECEEO EJO PPOOPEO 774 OIIE PO-I 7 IXEEPWSNA a eRWAW )WC ' PUBLIC UTILITY EASEMENT IN SE 1/4 —SB 1/4 SEC 7-78-2b OMG.NO. E-3 1DF 1 POPEC 7 EPEE