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Home My WebLink About2017-07-10-Resolutions 17-321_I-80 West Industrial Park Lift Station-Water Main Extension - Public Utility Easement - Painted Woods DevelopmentTHE CITY OF WAUKEE,IOWA RESOLUTION 17-321 APPROVING PUBLIC UTILITY EASEMKNT(S)RELATED TO THE I-80 WEST INDUSTRIAL PARK LIFT STATION AND WATER MAIN EXTENSION PROJECT [PAINTED WOODS DEVELOPMENT&LC] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE,IOIYA 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 1-80 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 Painted Woods Development,LC,and legally described as referenced in Exhibit A,Easement Area,of the Public Utility Easement(s)which is attached hereto. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 10"day of July,2017,that it hereby approves the Public Utility Easement(s)related to the 1-80 West Industrial Park Lift Station and Water Main Extension Project [Painted Woods Development,LC]in the amount of $1.00. am .ear,Mayo Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYK X X X X X NAY ABSENT ABSTAIN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID:007248950005 Type:EASERecorded:07/18/2017 at 08:43:55 AMFeeAmt:$27.00 Page 1 of 5DallasCountyIowa Chad C.Airhart RECORDER Friary 8R2017 F023793 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Wa uke e,IA 50263 Pre ared bv Travrs J paul veensrra8 Krmm Inc 30rlr)wesioun pkvvv 'rvesr Des vlcmes larva sol"66 I i-sso(ai PUBLIC UTILITY EASEMENT S KINO rV TO ALL MEN BY THESE PRESENTS: The undersigned,Painted Woods Dovelo ment LC,(hereinafter referred to as the uGrantor(s)"),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 "Public Utility Easement"or uEasement(s)")and right-of-way upon, over,under,through and across the real property legally described as: Perpetual Easement A perpetual public utility easement located in Outlot "Y"of Painted Woods West Plat I,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,lowe. Said perpetual easement bemg more particularly described as follows: The South 30.00 feet of said Outlot "Y". Containing 30,666 square feet,more or less. Temporary Easement A temporary constuction easement located in Outlot "Y"of Painted Woods VVest Plat I,an Official Plat,now included in and forming a part of the City of Waukee,Dallas County,lowe. Said temporary easement being more paiticularly described as follows: The North 30.00 feet of the South 60.00 feet of said Outlot -Y". Containing 31,015 square feet,more or less. Page I of 4 Use and Pu ose of Easement s . This Easement shall be granted for the purpose of locating public utilities (hereinal'ter referred to as "Utilities")anti 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,reconstmct,patroL repair (including the right to place and build additional Utilities therein or to connect and:or join Utilities and appurteniuices thereto)and to forever maintain Utilities v:henever necessary within the Easement(s)granted herein.iUo stnicture or building of any kind whatsoever shall be erected upon property that is the subject of this Easetnent without the express ivritten consent of the City.The tempomry easement shall be for a 1'2 month period,or until the end of consttruction,at which tune said ttnnporary u ill cease and terminate, 3.Maintenance. After 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 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 andror 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.~&&&&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 cleeted officials, employees,officers,agents,representatives,contractors,and attorneys from and against any and all claims or demands for liabihty,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.Runnina of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Grantor including,but not limited to,future owners,dcvelopcrs,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. pages of 4 7 lurisdiction and Venue. Thc City anil the Grantor(sl agf'ce the District Court of the State of iowa shall have exclusive jurisdiction over the subject matter and cnf'orcemcnt ol the terms and conditions of this Easement and said parties consent to thc jurisdiction of'thc person hem&&in Dallas County,lowe. g.Worils and Phrases. &Words and plllases shall be construed as in the singular or plural number,and as masculine, ft:mininc or neuter gender,according to context. 9.P&arties, Thc term "City"as used hcrcin shall refer to the City of Waukee,lohva,its elected officials, agents,employees,officers,and contractors.The term HGrantorlslH shall refer to Painted Woods ~DI &LC,&h h,,".'"--«.«.I —;If. It&.A~F 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.lntearation. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in v riting and signed by both parties. I .~PhH The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with,the inteq&retation 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 mterests conveyed by this Easement. Words and phrases herein includin&f acknowledgement hereof shall be constrtied as in thc singular or plural number,and as masculine or feminine gender,according to the context. Pages ot4 Dated this ~day of ,20 /'7. Painted Woods Develo ment LC Citv of Waukee 'ltam .P arrl,Mayorr Attesn Attest: Tim Moe n,City Administrator STATE OF IOWA ) )SS: )COUNTY OF DALLAS On this ~day of ,20~/,before me,the undersiened, a Notary Public in and for said coun and state,personally appeared 'li qto me personally known,who,being by me duly sworn,did state that they are the ~rt es;of kaid corporation;that no seal has been procured by the said corporation;that said instrument was signed on behalf of said corporation by authority of tts Board of Directors;and that said ~II ie22EL~ggnIl"lot as such oflacer acknowledge the execution of said instmment to be the voluntary act and rleed of said corporation,by it and by him voluntarily executed. NARY F SUMR.Commission Number 11000 My Commission August 31,20 STATE OF IOWA ) )SS COUNTY OF DALLAS ) Notary Pubhc i and f e State f I a On this lL+day of ,20~,before me,the undersigned,a Notary Public in and for said Cou ty and State personally appeared William Peard and Tim Moennan,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 of the City of Waukee,by it and by them voluntarily executed. ,«g«re REBECCA D.SCHUETT g 1 Commission Number 716496 My Commission Expires Msy 13,2020 Notary Public in and for the State of Iowa Page@ of 4 POEPAOEO OY:YEEMSTPA 6 KIMM,IME —3000 WESIOWW PAPKWAY -WES"OES MOIWES,(OWA 50266-1320 -(5I5)225-OOOO EASEMENT DRAWING ADDREss OWNER: PAINTED WOODS DEVELDPMENT.L C FOR PUBLIC UTILITIES FDR THE CITY OF HAUKEE.IA 695 INDIAN RIDGE DR WAUKEE.IA 50263 PARCEL ID: 1608303019 M 8CH)I~X X j O:.-Z]L-—--— I f F 0 PMo 63 EO 41.90'(MGR) 6 NORTH 30 00 SOU H C%SOUTH 30.OO (60.00' Qo :'''-'™ A,RCFL 17 016 PGSGB8~-I,(MSR)SE CORNERI,016.41 OUTLOT "Y" SW CORNER (MGR) OUTLOT "Y" B„W(MGR)1,SE CORNER' 983 '39'25" NW I/4-SWI/O SEC 8-78-26 SW CORNER NW I/O-SW1/4 SEC 8-78-26 LEGEND (M)"AS MEASURED"DISTANCE DR BEARING (R)"AS RECORDED"DISTANCE OR BEARING PERPETUAL EASEMENT 30,666 SQUARE FEET TEMPORARY EASEMENT 31,015 SQUARE FEET NORTH I"=200' 200 400 AEI I O6-13-77 COHNEC EO ONHEPSHIP SCALE I'ASS CHECNEO SAN O'N U 73 PUBLIC UTILITY EASEMENT IN OUTLOT "Y"PAINTED HOODS WEST PLAT OAIE O "El-17 SHOO ~EHkwNP SANO DPI SANA~,AN 36366 1330 VEEVSTlM ISE KIMM)INC. DWG.NO. REV I E —5 I OF I POI EC EISEEO