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Home My WebLink About2018-04-23-Resolutions 18-175_Little Walnut Creek Trunk Sewer Phase 4 - Easements - GrahamTHE CITY OF WAUKEE,IOWA RESOLUTION 18-175 APPROVING SANITARY SEWER AND GAS EASEMENT(S)FOR THE LITTLE WALNUT CREEK TRUNK SEWER PHASE 4 PROJECT [LEROY R.GRAHAM AND LINDA GRAHAM] IN THE NAME AND BY THEA UTHORITY OF THE CITY OF 8'A UKEE,IONIA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that Sanitary Sewer and Gas Easement(s)are necessary for the purpose of construction of the Little Walnut Creek Trunk Sewer Phase 4 Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by LeRoy R. Graham and Linda Graham and legally described as referenced in Exhibit A,Easement Area,of the Sanitary Sewer and Gas Easement(s),which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 23'day of April,2018,that it hereby approves the Sanitary Sewer and Gas Easement(s)for the Little Walnut Creek Trunk Sewer Phase 4 Project [LeRoy R.Graham and Linda Graham]in the amount of $L00. Attest: aries Bottenberg,Mayor Pro Tem Rebecca D.Schuett,City Clerk RESULTS OF VOTE: Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN llllllllllllllllllllllllllllllllllllllllllllllllIIIIIIIIIIIIIIIIIIIII Doc ID:007497150005 Type:EASE Recorded:05/07/2018 at 10:29:30 AM Fee Amt:$32.00 Page 1 of 6 Dallas County Iowa Chad C.Airhart RECORDER Fi less BK20 1 8 F07742 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 I're ared bs'Tracts I paul Veenstra a Kimnt Inc 3000 Westotsn pknm West Des lvloines lone 50266 5ls t'5-scot) N W R t KNOW TO ALL MEN BY THESE PRESENTS: The undersigned,LeRD R.Graham and Linda Graham husband and wife (hereinaAer referred to as the nGrantor(s)n),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 (hereinaBer referred to as "Easement(s)n)and right-of-way upon,over,under,through and across the real property legally described as: The Southwest I/4 of the Southwest I/4 of Section 21,Township 79 Notth,Range 26 West of the 5'P.M,,City of Waukee,Dallas County,Iowa. Perpetual Easement Said perpetual easement being a strip 30.00 feet in width lying 15.00 feet on each side of the I'ollowing described line: Commencing at the Southv:est corner of said Southwest I/4 of the Southwest I/O;thence South g9'24'22'East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),99.11 feet alontr the South line of said Southwest I/4 of the Southwest I/O to the point ol'beginning;thence North 00'01'14"West,120 63 feet to the point of terminus.The sidelines of said strip to be shortened or lengthened to terminate at the South linc of said Southwest I/O of the Southwest I/4. Containing 3,619 square feet,more or less. Page I of4 And a Temporary Easement Said temporary easement being more particularly described as follows: The East 90.00 feet of the West l45.00 feet of the South I40.00 feet of said Southwest I/4 of the Southwest I/4t EXCEPTING THEREFROM above described perpetual easement. Containing I),981 square feet.more or less. 2.Use and Pur ose of Easement s . This Easement shall be granted for the purpose of locating sanitary sewer and gas (hereinafter referred to as "Sanitary 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-surl'ace thereof to construct,replace,locate.rebuild,enlarge, reconstruct,patrol,repair (including the right to place and build additional Sanitary Sewer and Gas therein or to connect and/or join the Sanitary Sewer and Gas and appurtenances thereto)and to forever maintain the Sanitary 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 temporaryeasement shall be for a l2 month period,or until the end of construction,at which time said temporary will cease and terminate. 3.Maintenance. Alter the initial construction of the Sanitary Sewer and Gas„and acceptance by the City,the City agrees,as part of the reconstruction,maintenance and patrolling of the Sanitary 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.R~iht 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.Hold Harmless. The Grantor(s)agrees to indemnify and hold harmless the City,its elected officials, employees,ofltcers,agents,representatives,contractors.and attorneys from 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)m ising out of or in connection with any undertaking arising out of or otherwise related to this Easement. Page 2 of 4 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 and 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(s)agree the District Court of the State of iowa shall have exclusive jurisdiction over the subject matter and enlorcement 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, t'eminine or neuter gender,according to context. 9.Patties. The term "City"as used herein shall refer to the City of Waukee,iowa,its elected officials, agents.employees,ofticers,and contractors.The term "Grantor(s)"shall refer to ~LeRo R. Graham and Linda Graham,their heirs,assigns,successors-in-interest,or lessees,if any. 10.~hh q 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. ~h«hH Ch The paragraph headings in this Agreement are included solely for convenience and shall not at't'ect or be used in connection with,the interpretation of this Agreement. Grantor does l JEREBY 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 interests conveyed by this Easement. Page 3 ofg 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. Dated this /~day of L ,20~0. eRoy IL raham l Mwz Lind Graham Attest:Attest: aTimMoeran,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) 0 tl lMry r~,20jg,tr»,tl r ir d,at y Public in and for the State of ,personally appeared me known to be the identical person(s) named i and who executed t e foregoing instrument,and acknowledged that (he)(she)(they) B a "Commbuaon Number 2111731 My 'Bqtare lOW )(her)(their)voluntary act and deed. Ort t Public in and for Notary Public in and for the State of lowe State of ,personally appeared ary named in and who executed the foregoin 'str executed the instrument as (his)(her 'r vo to mejcn n to be the identical person(s) ,and acknowledged that (he)(she)(they) ary act and deed. Notary Public in and for th te of Iowa Page 4 of 4 PREPAREO BY('VEENSTRA 0 KIO,IHC.-3000 HESTOMN PARKMAY -HEST OES HBIHES,IONA 50266-(320 -(515)225-8000 RETURN TO:YEENSTRA 0 K(I'INC.-3000 HESTOO PARKMAY -HEST BES HOIHEE IOMA 50266-(320 -l515)225-8000 EASEMENT DRAWING „LEROY R.GRAHAM FOR SANITARY SEWER AND GAS LINDA GRAHAM BEING CONVEYED TO THE CITY OF WAUKEE,IA BOOK 582 PAGE2 W 1/4 CORNER SEC 21-79-26 CUToX" I co lO X(I" 8 5~ L PARCELpG 55'2009 253 oo'A 42B "9 P pGARCEL 4735 BK 2009 WEST 55.00' 30.00' 15.00' NO(701'14'W 120.63' P.O.B. 589'24'22'E 99.11' SSW24'22"E(M)2636.41'(M) GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE I loch 200 5 I NW 1/4 NYI 1/4 P.O.C.SEC 28ISWCORNER SEC 21-79-26 CUT"X" LEGEND SECTION CORNER MONUMENT FOUND (AS NOTED) (M)"AS MEASURED"DISTANCE OR BEARING (0)"AS CEEDED"DISTANCE OR BEARING PERPETUAL EASEMENT 5 1/4 CORNER SEC 21-79-26 3/4"PIPE LITTLE WALNUT CREEK YEENSTRA 6 KIWM INO.2000 VESTOWI PAIkllAY WEST OES MOINES.IOWA 50266-2220OI5-225-6000 ExHIBIT E Rev/By SHEET 1 OF 2 PREPARED BY:YEENSTRA 6 KINK,INC.-3000 NESTONN PARKNAY -NEST IES WINES,IONA 50266-1320 -(515)225-8000 RETURN TO:YEENSTBA 6 KINK,INC.-3000 NESTONN PARKNAY "NEST OES WINES.IONA 50266-1320 -(5)5)225-6000 OWNER:EASEMENT DRAW ING P~~„NO' LEROY R.GRAHAM FOR TEMPORARY CONSTAUCTIDN LINDA GRAHAM BEING CONVEYED TO THE CITY OF MAUKEE,IA BOOK 582 PAGE2 W 1/4 CORNER SEC 21-79-26 CUT"X" L P pGPYLCEL 4135 I GKK 2009 «3 00 426 «I I«I 10 Z g Ld Z "6 P poPP.CEL BVK 2009 04 g4 I—WEST 55.00' EAST 90.00' WEST 145.00' PEAPSIUAL EASEMENT SXHISY 2-3 SHEET I QP 2 SOUTH 569'24'22 E(M)2636 41'(M) 140,OO NW 1/4 N SW CORNER SEC 2 SEC 21-79-26 CUT«X' LEGEND SECTION CORNER HONUMENT IONA STATE PLANE GRID NORTH FOUND (AS NOTED)COORDINATE SYSTEM (M)"AS MEASURED"DISTANCE SOUTH ZONE OR BEARING (0)"AS DEEDED"DISTANCE OR GEARING~TEMPORARY EASEMENT I I«ch 100!L 6 1/4 CORNER SEC 21-79-26 3/4"PIPE LITTLE WALNUT CREEK VSSHSYAA 2 KINK INC.3000 NSSTOWN P«ARWAV WEST 025 NOYNSS.IOWA 50225-3320535-225-2000 EXHIBIT Rev/By SHEET 2 OF 2