HomeMy WebLinkAbout2017-08-21-Resolutions 17-398_Alice's Rd Corridor Phase 5 - Public Utility Easement - University of Iowa Community Credit UnionTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-398
APPROVING PUBLIC UTILITY EASEMENT RELATED TO ALICE'S ROAD
CORRIDOR IMPROVEMENTS,PHASE 5 [UNIVERSITY OF IOWA COMMUNITY
CREDIT UNION]
IN THENAMEAND BY THE AUTHORITY OF THE CITY OF 8'AUKEE,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 Alice's Road Corridor Improvement Project,Phase 5 (the "Project");
AND,
WHEREAS,said easement shall be located on a portion of the property owned by University of
Iowa Community Credit Union and legally described as referenced in Exhibit A,which is
attached hereto.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
21"day of August,2017,that it hereby approves the Public Utility Easement related to Alice*s
Road Corridor Improvement Project,Phase 5,with payment made by the City to property
owner(s)University of Iowa Community Credit Union in the amount of $L00.
illia .ear,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
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X
NAY ABSENT ABSTAIN
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Doc ID:007288290008 Type:EASERecorded:08/31/2017 at 09:12:18 AtsFeeAmt:942.00 Page 1 of 8DallasCountyIowa
Chad C.Airhart RECORDERFilem
BK20i7 F017125
PUBLIC UTILITY EASEMENT
Recorder's Cover Sheet
Preparer Information:
A&R Land Services
1609 Golden Aspen Road,Suite 104
Ames,IA 50010
Return Document To:
City of Waukee,Iowa
Rebecca Schuctt,City Clerk
230 W.Hickman Road
Waukee,Iowa 50263
Grantor:
Grantee:
University of lovva Community Credit Union
City of Waukee,Iotva
PUBLIC UTILITY EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1.Grant of Easement s .
The undersigned,UNIVERSITY OF IOWA COMMUNITY CREDIT UNION
(hereinafter referred to as the "Grantor"),in consideration of the sum of One Dollar
($L00)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 non-exclusive Public Utility Easement (hereinafter referred to as
"Easement(s)")and right-of-way upon,over,under,through and across the real property
legally described as:
See Exhibit A,attached hereto and made a part hereof.
2.Use and Pu ose of Easement s .
This Easement shall be granted for the purpose of locating Public Utilities defined
as those utilities established,formed,acquired,owned,or operated by the City of
Waukee,including but not limited to,electrical,natural gas,telephone,cable television
utility services,and data transmission utility services 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
said utility therein or to connect and/or join said utility and appurtenances thereto)and to
forever maintain utilities 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 Easemcnt without the express vvritten consent of the City.
3.Maintenance.
The City agrees,after entry,as part of the construction,reconstruction,
maintenance,replacement,location,rebuilding.enlargement,repair 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),including
sodding or seeding if it is a landscaped area and the City shall be required to repave if the
Easement crosses a paved area such as a sidev alk or a driveway,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;and subsequent restoration by
reason of settlement,depression or any unknown conditions shall be the sole
responsibility of the Grantor at the Grantor's sole expense.
4.Riaht of Access.
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 agrees to indemnify and hold harmless the City,its elected officials,
employees,officers,agents,representatives,contractors,and attorneys from and against
any and all claims or demands for liability,loss,damage,costs,expenses,or attorney's
I'ees of any kind for actions or omissions of the Grantor 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 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 are
binding upon and inure to the heirs assigns,successors,tenants and personal
representatives of the parties hereto.
7.Jurisdiction and Venue.
The City and the Grantor 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
offfcials,agents,employees,officers,and contractors.The tenn 'Grantor"shall refer to
I Jniversity of Iov'a Community Credit IJnion,their heirs,assigns,successors-in-interest,
or lessees,if any.
10.A~ll *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.
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.Para ra h Headings.
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 IIEREBY COVENANT with the City that (i)Grantor holds said real estate
described in this Easement Area by title in fee simple;(ii)that Grantor has good and
lawful authority to convey the same;and (iii)said Grantor covenants to WARRANT
AND DEFEND the said Easement Area against the 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,includinly acknowledgment hereof,shall be construed as in the
singular or plural number,and as masculine or feminine gender,according to the context.
Sld d Idi +d y 1~1 ,2017.
UNIUERSITY OF IOWA
COMMUNITY CREDIT UNION
CITY OF WAUKFE
Signature rllia F.ear',Mayor
Printed Name
Attest
Title Rebecca D.Schuett,City Clerk
STATE OF IOWA )
)SS
COUNTY OF )
On this IS day of ,201?,before me,the undersigned,a
Notary Public in and for said Cou and the State of Iowa,personally appeared
,to me personally known,who being by mc duly sworn,did say
that that person is rxrs 9 tf.A of the corporation executing the foregoing
instrument;that (the seal affixed to said instrument is the seal of the corporation or no
seal has been procured by the corporation)and that the instrument was signed (and
sealed)on behalf of the corporation by authority of its Board of Directors;that
J tL~acknowledged the execution of the instrument to be the voluntary
act and deed of the corporation,by it and by him voluntarily executed.
Not Public inandf r the State ofIowa
0k JONATHAN PULLIAM
Commission kumtmr 801745
Mr Corn issi nasrums2./5 25M
STATE OF IOWA )
)SS
COIINTYOF DALLAS )
On this ~day of ,2017,before me,the undersigned,a
Notary Public in and for said Coun and the State of Iov:a,personally appeared William
F.Peard and Rebecca D.Schuett,to me personally known,who being by me duly sworn,
did say that they are the Mayor and City Clerk 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.
KATHRYN E.PURl/IS
9 Commission Number 794513
trty Commission Expires
February 10,2019
Not ry Publi'in and for the State of Iowa
EXHIBIT A
LEGAL DESCRIPTION
Part of Lot 2,The Crossing at Alice's Road Plat 4,an Official Plat in the City of Waukee,
Dallas County,Iowa,as recorded in Book 2015,Page 20364 of the Dallas County
Recorder's Office,Dallas County,Iowa,and more particularly described on the attached
Permanent Easement Plat.
Location:
Index L end
Lot 2,The Crossing At Alice's Road Plat 4
Requestor:
Proprietor:
Surveyor:
Surveyor
Company:
Return To
City of Waukee
Un)varsity of lowe Community Credit Union
Jod Budde
Fath Infrastructure &Environment,LI C
Jody Budde,8191 Birchwood CouR Sutta L
Johnston,IA 50131 515 254-1393
PERMANENT UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
SE ALICES ROAD IMPROVEMENTS
PARCEL42 FNDCUTX~NECORNER
I I SEI/4 SE1/4
SEC 27-79-26
LEGAL DESCRIPTION;
A PARCEL OF LAND LOCATED IN LOT 2 OF THE CROSSING AT
ALICE'9 ROAD PLAT 4,AS RECORDED IN BOOK 2015,PAGE 20364
OF THE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY,
IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS'
PERMANENT EASEMENT EXH(B)T42-P2
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 27.
TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL
MERIDIAN,THENCE SOUTH 89'56'19"WEST,105.51 FEET ALONG
THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
27,THENCE NORTH 00'31'39"EAST,157 97 FEET TO THE POINT OF
BEGINNING,THENCE NORTH 00'31'39'EAST,203.01 FEET:THENCE
NORTH 04'20'30"EAST.15.20 FEET TO THE NORTH LINE OF SAID
LOT 2;THENCE SOUTH 89'43'40"EAST,15 04 FEET ALONG SAID
NORTH LINE,THENCE SOUTH 04'20'3D"WEST,15 76 FEET;
THENCE SOUTH 00'31'39"WEST,187.35 FEET;THENCE SOUTH 45'
13'3D"WEST,21 33 FEET To THE POINT OF BEGINNING
SAID PARCEL CONTAINS 3,160 SQUARE FEET OR 0.07 ACRES MORE
OR LESS,SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
FOR THE PURPOSE OF THIS DESCRIP7ION ALL BEARINGS AND
DISTANCES ARE REFERENCED TO NAD83(2011)IA SPCS SOUTH
ZONE,US SURVEY FOOT.
PROPERTY OWNER.
UNIVERSITY OF IOWA COMMUNITY CREDIT UNION
Cro NA1'HAN ALLEN
5820 WESTOWN PARKWAY
WEST DES MOINES.IA 50066
BOOK 2008.PAGES 6499-6500
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LOT 1 34 83'
FNO CUT X N89 5521 E --16737'(M)-
SINCORNER 355.04'(M)355 01'(RI 167.35'(R)
SE1/4 SEI/4 EAST HICKMAN ROAD N 00'31'39"E 157 97'
SEC 27-79-26 (ROWWID)H VARIES)J,
3 89'56'19"W 1317.76'
S 89'43
S 89'43
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40"E 15.04'
40"E 29.45'
30"W 15 76
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SEC 27-79-26
LEGEND
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SURVEY FOR:
CITY OF WAUKEE
230 HIGHWAY 6
WAUKEE,IA 50263
TEL:(515)98/4363
FOTHPROJECTNO.16W021-01 DATE;8/16/2017
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