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Home My WebLink About2017-12-04-Resolutions 17-557_Waco Pl Water Main Extension - Water-Sewer-Gas Main Easement - LombardiTHE CITY OF WAUKEE,IOWA RESOLUTION 17-557 APPROVING WATER,SEWER AND GAS MAIN KASEMKNT(S)RELATED TO THE WACO PLACE WATER MAIN EXTENSION PROJECT [STEPHEN D. LOMBARDI AND BARBARA A.LOMBARDI] 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 Water,Sewer and Gas Main Easement is necessary for the purpose of construction of the Waco Place Water Main Extension Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Stephen D. and Barbara A.Lombardi,and legally described as referenced in Exhibit A,Easement Area,of the Water,Sewer and Gas Main Easement(s),which is attached hereto. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 4'"day of December,2017,that it hereby approves the Water,Sewer and Gas Main Easement(s) related to the Waco Place Water Main Extension Project [Stephen D.Lombardi and Barbara A. Lombardi]in the amount of $L00. Anna Bergman,Mayor Pro Tem Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X NAY ABSENT ABSTAIN X X IIJJIJJIJIJIJIJJJJIJJJIIJJJJJIIIIJJJIIIJIJJIIIJIIJJJJJIJJIJJJJJJJIIJJI Reoor dad:12/11/2017 at 06:46:06 AI1FeeAmt:$32.00 Page 1 of 6DallasCountvIowaChadC.Airhart RECORDERFilett RK20i7 -24097 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Wa uk e e,I A 50263 Pre ared v Travts J P ol Veenstra a Kimm ino 3000 Westown Pk West Des Moines iowa 50"66 515 sn5-6000 WATER SEWER AND GAS EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigned,Ste hen D.Lombardi and Barbara A Lombardi husband and wife, (hereinafter referred to as the nGrantor(s)e),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of One and 00/100 Dollars $1.00 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 "Water,Sewer and Gas Easement"or eEasement(s)e)and right-of-way upon,over,under,through and across the real property legally described as: Parcel "A"in the Northwest I/4 of the Southwest I/4 of Section 3,Township 78 North,Range 26 West of the 5m P.M.,City of Waukee,Dallas County,Iowa,as shown on Plat of Survey recorded in Book 2009 on Page 18393 in the office of the Dallas County Recorder. Perpetual Easement The West 30.00 feet of the East 80.00 feet of said Parcel "A". Containing 15,145 square feet,more or less. Temporary Easement The East 98.50 feet of said Parcel "A"lying West of the West right-of-way line of SE Waco Place,EXCEPTING THEREFROM the West 30.00 feet of the East 80.00 feet of said Parcel "A". Containing 25,233 square feet,more or less. Page I of4 2.Use and Pu ose of Easement s . This Easement shall be granted for the purpose of locating water,sewer and gas (hereinafter referred to as "Water,Sewer and Gas")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 construct,replace,locate,rebuild,enlarge,reconstruct,patrol, repair (including the right to place and build additional Water,Sewer and Gas therein or to connect and/or join Water,Sewer and Gas and appurtenances thereto)and to forever maintain the Water, Sewer and Gas 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.The temporary easement shall be for a 12 month period,or until the end of construction,at which time said temporary will cease and terminate. 3.Maintenance. After the initial construction of the Water,Sewer and Gas,and acceptance by the City,the City agrees,as part of the reconstruction,maintenance and patrolling of the Water,Sewer and Gas, 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.&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. 5.Construction Char es. The Grantor(s)will not be charged for the construction cost for the utilities until such time the property is subdivided or developed. 6.Access Drive. The City agrees to install an earthen access drive with a 12"culvert at the south end of the property on the west side of Waco Place. Page 2 of 4 7.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. 8.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. 9.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. 10.Parties. The term "City"as used herein shall refer to the City of Waukee,Iowa,its elected officials,2,Ply,fg,~t t .Th t "O t ()g ill f t~gh D. Lombardi and Barbara A.Lombardi,their heirs,assigns,successors-in-interest,or lessees,if any. 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.~Ph H d 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 tlus 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 of 4 Dated this ~day of ,20~l~ Ste hen D.Lombardi and Barbara A. Lomb ardi ~or%r St h D.Lomba di illia .Pear,Mayor rbara A.mbard' Attest:Attest: Tim Moe an,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) +It On the 2C)day of /rr Cv'~'"c'.~20 ~7,before me,the undersigoned,a Notary Public in and for the State of Wo~rL,personally appeared +C.LF &++~&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)voluntary act and deed. e,KATRINA M.PHILLIPrCommissionNumberl58955 My CO ieainn aarriree Notary Public in and for the S te of Iowa r Onthe M dayof &rrCV~~c t,20 'r,beforeme,theundersigned,a Notary Public in and for the State of morrow,personally appeared J3cr-I cL ~~ID"~I y 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)voluntary act and deed. P-'':, KATRINA M.PHILUP Commission Number 755555 My co mission Ex iree OW Notary Public in and for the State of Iowa Page 4 of 4 PREPARED BV:VEENSTRA 6 KIMM,INC.—3000 WESTO)fN PARKWAY -MEST OES MOINES,IONA 50266-1320 -(5(5)225-8000 RETURN TO:VEENSTRA 0 K(MM,INC.-3000 IfESTOWN PARKWAY -WEST OES MOINES,IOWA 50266-1320 —(5(5)225-8000 owER:EASEMENT DRA W ING "'""" STEPHEN D.LOMBARDI FOR WATER.SEWER AND GAS 3169 WACO PLACE BARBARA A.LOMBARDI BEING CONVEYED TD THE NAUKEE.IA 50263 BOOK 2014 PAGE9235 CITY DF NAUKEE,IA PARCEL NOU 16-03-300-013 NE CORNER PARCEL'A" NW 1/4 SW 1/4. SEC 3-78-26 CALCULATED POSITION M)1311.28'(M) 583'26 28 W(M S8$26'42vW(R')1311. T 12 DOVE R))WIG)IT LO 583'26'28'Vf(M 18.94'(M) S83'26'28"W (M) 61.66'(M) NW CORNER PARCEL "Av NW I/4 SW 1/4 SEC 3-78-26 FND:I/2vREBAR O/c~c+ ~+ WEST 3p pp EA57 80 pp M cr In Iu Ch 0Iu) ChICan.'\ STEPHEN D.LDMBARDI BARBARA A.LOMBARD( BK2014 PG9235 FUTURE WEST RIGHT-PF-WAY 50.00' EXISTING NEST RIGHT-PF-WAY LINE rbO ~ fu rh cb Ch cu Lh W\Io ) uh Oh) vtb I 10 cp Z Ihul IxIr n. W Ch pARCEl— FND:1/2"REBAR W/YELLOW CAPI)5041 NBCV26'25 "E(M) 18.37 (M) 18.24'(R) LEGEND SECTION CORNER MONUMENT FOUND (AS NOTED) ~PROPERT MONUMENT FOUND (AS NOTED) (M)"AS MEASURED"DISTANCE 1 o DR BEARING (R)"AS RECORDED"DISTANCE OR BEARING PERPETUAL EASEMENT 15,145 SQUARE FEET 1 hereby certify that this land surveying docuaent uas prepared and the related survey uork uas perfereed by ne or under my direct personal super v1sion and that 1 an a duly lhcenserf Land surveyor under the lass of the state of ious. Signed Oats GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 0 eo 1 inch =100 11. SE CORNER NW I/4 SW 1/4 SEC 3-78-26 FND:I/2"REBAR W/YELLOW CAPI)504( IOO WACO PLACE WATER MAIN EXTENSION YSEMSTAA 0 KIMM,lus.3000 wssyoww peAKway NEST OSS MOINES,lgue 50255-t320515-225-0000 IB IuP tease Babby J.Maddaleno.P.L.S. lava License Wo.19950 My license reneual date is oeceeber 31,2017 Orauings covered by this seal:sheet 1 of 2 and sheet 2 of 2 Rsv/By EXHIBIT E —5 SHEET I OF 2 PREPARED BY:VEENSTRA 6 KIMM,INC.-3000 NESTONN PARKWAY -NEST OES MOINES,IOWA 50266-1320 —(515)225-0000 RETURN TO:VEENSTRA 6 KIMM.INC.-3000 WESTONN PARKWAY -WEST OES MOINES.IOWA 50266-1320 —(515)225-0000 OWNER:EASEMENT DRAhlING """" STEPHEN D.LOMBARDI BARBARA A.LOMBARDI BOOK 2014 PAGE 9235 PARCEL NOJ 16-03-300-013 3169 WACO PLACE WAUKEE.IA 50263 1311.28 (M) 58326'28"Vl()11 26 (R) S83 26'42"W(R) LQT 12 GQVERIv(IAEPIT L NE CORNER PARCEL"A" NW I/O SW I/4 SEC 3-78—26 CALCULATED POSITION 3.26 28 "VI(M) 16.94'(M) 3.26 28'W(NO 80 30'(M) FOR WATER.SEWER AND GAS BEING CONVEYED I 0 THE CITY OF WAUKEE,IA ln tu CI cr Itl 0lc NW CORNER PARCEL "A" NW I/4 SW I/4 SEC 3-78-26 FND:I /2"REBAR CJ Q STEPHEN O.LOMBARDI BARBARA A.LOMBAROI BK2014 PG9235 EAST 9850 8 i' PERPETLIAL EASEMENT FUTURE NEST RIGHT-OF-WAY 50.00' EXISTING WEST RIGHT-OF-WAY LINE tJ I O( 00 07 ) z rc M 0N uo ION z rz IJ0 I co N N0000zz X ln cltl ro rc0 FrARCEL 1/4 FNDHI /2"REBAR W/YELLOW CARI)5041 N83 26'25"E(M) 18.37'(M) 18.24 (R) LEGEND A SECTION CORNER MONUMENT FOUND (AS NOTED) ~PROPERT MONUMENT FOUND (AS NOTED) (M)"AS MEASURED"DISTANCE ioo OR BEARING (RI "AS RECORDED"DISTANCE OR BEARING TEMPORARY EASEMENT 25,233 SQUARE FEET SE CORNER NW I/4 SW I/4 SEC 3-78-26 FND:I/2"REBAR W/YELLOW CAP)5041 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 0 50 lpn I Inch =100 It WACO PLACE WATER MAIN EXTENSION o Ol u I hereby certify that this land surveying docusent was prepared and the related survey work was perforned by me or under ey direct personal supervision snd that I an a duly licensed Land Surveyar under the laws af the State ot laws. Signed Oats Bobby J.Ifaddaleno.P.L.S. lowe License No.f9960 Wy license renewal date ls oecember 31,20iy Orawings csvered by this seal:Sheet I af 2 and Seer J. W OO l reeds s' eeet z or 2 Rev/By VESNSTRA 0 KIMN,INC. 3000 wEslowN pARKNAY WEST OES MOINES,IOWA 50266-1320 515-225-BOOO EXHIBIT E SHEET 2 OF 2