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Home My WebLink About2017-07-24-Resolutions 17-345_I-80 West Industrial Park Lift Station-Water Main Extension - Public Utility Easement - ScaglioneTHE CITY OF WAUKEE,IOWA RESOLUTION 17-345 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.SCAGLIONK] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF (PAUKEE,IO5'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 24'"day of July,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 $46,270.00. Wt li card,Ma r Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Hatrdson Shelly Hughes Larry R.Lyon AYK X X X X NAY ABSENT ABSTAIN X IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi IIIIIIIIIIIIII Doc ID:007263960007 TVOe:EASERecorded:08/03/2017 at 08:57:08 AMFeeAtst:$37.00 Page 1 of 7DallasCountvtoua Chad C.Airhart RECORDERFileta -2017 -15045 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Prc ared bv I ravls J Paul Vr nstra st Kimnt.inc.3000 Wcstown Pkw West Des Moines iowa 50266 5151215-8000 PUBLIC UTILITY EASEMEtNT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigned,Frank A.Sca lione and Melba L.Sca lione husband and wife, (hereinafter referred to as the nGrantor(s)n),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Fort -Six Thousand Two Hundred Sevent and 00/100 Dollars ~$4627000 d th s d d t ht td tt,th tpt d rr t r r htht hereby acknowledged,do hereby sell,grant,and convey to the City of Waukee,Iowa,a municipal Corporation (hereinafter referred to as "the City"),a temporary easement ("Temporary Easement") and a permanent and perpetual easement (*'Permanent Easement")(Temporary Easement and Permanent Easement hereinafter refened to as "Public Utility Easement"or nEasement(s)n)and right-of-way upon,over,under,through and across the real property legally described as: Parcel 17-5 in the Southwest 1/4 of the Southwest 1/4 of Section 8,according to the Plat of Survey thereof found in Book 2016 on Page 968 in the office of the Dallas County Recorder AND the Southeast 1/4 of the Southeast 1/4 of Section 7,lying North of Interstate Highway 80,all in Township 78 North,Range 26 West of the 5'P.M.,Dallas County,Iowa,said Easement Areas more particularly described as follows: Perpetual Easement Areas The North 20.00 feet of the East 800.00 feet of said Parcel 17-5 AND All of said Parcel 17-5 except the East 800.00 feet thereof AND The North 70.00 feet of the East 40.00 feet of said Southeast I/4 of the Southeast 1/4 AND The East 30.00 feet of said Southeast 1/4 of the Southeast 1/4 lying North of said Interstate Highway 80 and lying South of ihe North 70.00 I'eet thereof. Pa e I of 5 Containing 81,129 square feet,more or less. Temporary Easement Areas The South 25.00 feet of the North 45.00 feet of the East 800.00 feet of said Parcel 17-5. Containing 20,529 square feet,more or less. (Perpetual Easement Areas and Temporary Easement Areas collectively referred to as "Easement Areas"). 2.Use and Pur ose of Easement s . This Easement shall be granted for the purpose of locating public utilities (hereinafter referred to as "Utilities")and to penrut and allow the City to enter at any time upon,over,under, through and across into said Easement Areas 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 Utilities and appurtenances thereto)and to forever maintain Utilities whenever necessary within the Easement Areas granted herein.No structure or building of any kind whatsoever shall be erected upon the Easement Areas without the express written consent of the City.The Temporary Easement granted herein shall be for a 12-month period,or until the end of construction, whichever first occurs,at v hich time said Temporary Easement will automatically terminate. 3.Maintenance. After any construction,reconstruction,repair,maintenance and patrolling of the Easement Areas,the City shall restore and replace the Easement Areas to the same condition as prior to the time of entry or as agreed upon by the City and the Grantor(s)in writing,including but not limited to replacement of concrete surfacing,pavement,landscaping„trees,shrubs,bushes,landscape elements,structures,or underground water systems,including any settlement,depression,or any unknown conditions which arise subsequent to the restoration and/or replacing of the Easement Areas,unless said settlement,depression or unknown condition occurs within twenty-four (24) months of the City's last restoration of the Easement Areas.Any subsequent restoration by reason of settleinent,depression or any unknown conditions occurring more than twenty-four (24)months after the City's last restoration of the Easement Areas shall be the sole responsibility of the Grantor(s)at the Grantor(s)'sole expense. 4.~ai ht 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 obstructions or structures placed or erected in the Easement Area. Page 2 of 5 5.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 the parties hereto. 6.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. 7.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. 8.Parties. The term "City"as used herein shall refer to the City of Waukee,Iowa,its elected officials, agents,employees,officers,and contractors.The term "Grantor(s)"shall refer to Frank A. Sca lione and Melba L.Sca lionet their heirs,assigns,successors-in-interest,or lessees,if any. 9.A~tt 'I' The City or Grantor(s)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.I~t 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. 11.Para ra h HeadinIs. 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 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 Easement Area(s)against the lawful claims of all persons v:homsoever. 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. Page 3 of 5 Words and phrases herein including acknowledgement hereof shall be construed as in the singular or plural nuinber,and as masculine or feminine gender,according to the context. D t d tl l ~P d y ,20 77 Frank A.Sca lione and Melba L.Sca lione cltt rrty k illiam F.card,Mayor Melba L.Scaglion Attest:Attest: im Moerman,City Administrator S'I'ATE OF IOWA ) )SS: COUNTY OF DALLAS ) On the ~t day of 4,20~i,before me,the undersigned,a Notary Public in and lor the State of ~o~t~,personally appeared tr yrkr err A,Qc ox'1 OrxP- tIYxa.t'tea.4 Ma X~citft.w to me known to be the identical person(s) named in and who executed the foregoing instrument,and acknowledged that (he)(she)(they) executed the instrument as (his)(her)(their)voluntar t nd deed. CHARLOTTE 0 SLOAN e~~c Commission Number 791340 My Commission Expires August 5.Zeta Notary Public in and for the St te of Iowa Page 4 of 5 STATE OF IOWA ) )SS; COUNTY OF DALLAS ) On the 0 34 day of Itt (,20 I I,before me,the undersigned,a Notary Public dr td pt t f~txd,p ttr pp d 9'rdI Etta iW PlQ k&41 to me known to be the identical person(s) named in and who executed the foregoing instrument,and acknowledged that (he)(she)(they) executed the instrrunent as (his)(her)(their)voluntary act and deed. op«s REBECCAO.BCHUETT TCommlssrord Number 716496 ssy Commission Expires Msy 13,3030 Notary Public in and for t e State of Iowa Page 5 of 5 PREPARED BY'YEENSTRA 0 KINK,INC.—3000 NESTONN PARKNAY —NEST OES NOINES,IONA 50266-1320 -i5(5)225-BOOB OWNER FRANK A.SCAGLIONE MELBA L.SCAGLIONE BOOK 2016 PAGE 22896 PARCEL ID: 1608300015 EASEMENT DRAWING FOR PUBLIC UTILITIES FOR THE CITY OF WAUKEE,IA O 'Y PLI,T 1 41.90'(MGR) WE(I OUTLOT "Y" (MGR)SE CORNER~A I (A)'i 6 B 1 311.5 OUTLOT.39 25"W EAST NW CORNER 600.00 SW 1/4-SW1/4 SEC 8-78-26 NORTH 20.00 PARCEL 17-5 BK2016 PG9GB NE CORNERSOU™SW 1/4 SW1/4 I IU NORTH 25 00 SEC 8-78-26 i ) 45.00'I I UI LEGEND SECTION CORNEA 'i A BLTT '.,"I ,-",6 -' / g~orAY5 reer%.~g(E(A ~1BO ~00 TE 80 I)AXE ERST A 9 go9 (M)'AS MEASURED"DISTANCE QR BEARING (R)'AS RECORDED'DISTANCE OR BEARING PERPETUAL EASEMENT 81,129 SQUARE FEET TEMPORARY EASEMENT 20,259 SQUARE FEET NORTH 1"=200' 200 400 SCALE TJP CDECAED EJD APPAD ED 2 PUBLIC UTILITY EASEMENT IN PARCEL 17-5 IN SW 1/4 SW 1/4 SEC 8-7B-26 DWG.NO. DATE DD-22-77 yEEAISIEA 8 ETMIW IA(g 5000 WWIDDD PDADwPP WDAT De\ILDJDAD IDDD DDNDT520 575 2252000 575-225.70JD IPJ00 ~DIDDEJI CEDED IWATTJ OF 2 PEDJECT 275225 PREPARED BY:VEENSTRA 6 KINK,INC.—3000 NESTONN PARKNAY —NEST OES MOINES,IONA 50266-1320 —(5(5)225-0000 OWNEFL' FRANK A.SCAGLIONE MELBA L.SCAGLIONE BOOK 2016 PAGE 22896 EASEMENT DRAWING FOR PUBLIC UTILITIES FOR TRE CITY OF WAUKEE,IA PARCEL ID 1608300015 IN O 'OO(O)|C)( EAST 40.00 NORTH 70.00' P(AT )f)OOEL)'OUTLOT "Y"',HES 53'(MGR)060,(MGR)1,311~ SB 176PARCEBBK2016PG~--NE CORNER NE CORNER S)Y 1/4-SM1/4 1/4-SEI/4 SEC 7-78-26 SEC 8-78-26 EAST 30.00' ~L-."4 I A ')LRI' (2 '„'-EO SE CORNER SE 1/El-SE1/4 SEC 8-78-26 LEGEND Ji SECTION CORNER 'A„It)5 / "' lt -pf I (S)f)T'-I'i4 I (3(.O DES i. 60 fO0) 3) x5460AG' T(N( gGYA Y(0 TERST & (M)"AS MEASURED"DISTANCE DR BEARING (R)"AS RECORDED"DISTANCE OR BEARING PERPETUAL EASEMENT 01,129 SQUARE FEET TEMPORARY EASEMENT 20.259 SQUARE FEET NORTH 1"=200' 200 400 DCDLE I EDD' ORRED DJRCHECREO PUBLIC UTILITY EASEMENT IN SE 1/4 —SE 1/4 SEC 7 —7B—26 ONG.NO. 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