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Home My WebLink About2018-04-23-Resolutions 18-176_Little Walnut Creek Trunk Sewer Phase 4 - Easements - Temple Holdings LPTHE CITY OF WAUKEE,IOWA RESOLUTION IS-176 APPROVING SANITARY SEWER AND GAS KASKMKNT(S)FOR THE LITTLE WALNUT CREEK TRUNK SEWER PHASE 4 PROJECT [TEMPLE HOLDINGS)LP] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UICEE,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 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 Temple Holdings,LP,and legally described as referenced in Exhibit A,Easement Area,of the Sanitary Sewer and Gas Easement(s),which is attached hereto. NOW THEREFORE BK 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 [Temple Holdings,LP]in the amount of $L00. Attest: aries Bottenberg,Mayor Pro Tem Rebecca D.Sch ett,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 fmflllfllfffmffffflffffmfffffNllffffflfNffffffffffffffl5f fill Recorded:05/07/2018 at 10:29:09 AMFeeAmt:332.00 Page 1 of 8DallasCountyIowa Chad C.Alrhart RECORDERFlleyt RK2018 F07741 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd, Waukee,IA 50263 Pre need hv Trnyit J Paul VCCnatra PC Kimm lnC '3000 Weatcnn Pkn 'WCSt DCS alcinea learn 50266 5I5 225-3000 ANITARY SEW R AND GAS SKMKNT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigned,Tem le Holdin s.LP (hereinafter referred to as the uGrantor(s)u),of the City of Waukee,Dallas County,lowe,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 relened to as "Easement(s)")and right-of-way upon,over,under,through and across the real property legally described as: The Southeast I/4 of the Southwesl 1/4 of Section 21,Township 79 North,Range 26 West of the 5"'P.M.,City of Waul&ee,Dallas County,lowe. Perpetual Easement Said perpetual easement being more paiticularly described as lollows: The South 15.00 feet of the West 30.00 feet of the East 85.00 feet ol'said Southeast 1/4 of the Southwest 1/4. Containing 450 square feet,more or less. Prage I of 4 And a Temporaiy Easement Said temporary easement being more particularly described as follows: The South 50.00 feet of the West 90.00 feet of the East I 35.00 feet of said Southeast I/4 nf the Snuthwest I/4,EXCEPTING THEREFROM above described perpetual easement. Containing 4,050 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 rel'erred to as "Sanitary Sewn 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,rcplacc,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 tn 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 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 Sanitary Sewer and Gas,and acceptance by the City,the City agrees,as part of the reconstruction,maintenance and patrolling of the Sanitary Sewer «nd 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 conditinns shall be the sole responsibility of the Grantnr(s)at the Grantor(s)'sole expense. 4.~Ri 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.Hold Harmless. The Grantor(s)agrees to indemnify and hold harmless the City,its elected officials, employees,officers,agents,representatives,contractors,and attorneys from and against any all&I 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)arising out of or in connection with any undertaking arising out of or otherwise related to this Fascment. Page 2 of 4 6.Runnin i oft Beneliis 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 burdetis,run with the land and are binding upon and inure to the heirs, assigns,successors,tenants and personal representatives of the parties hereto. 7..1urisdiction 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. g,Words and Phrases. Words and phrases shall be construed as in the singular or plural number,and as masculinct feminine or neuter gender,according to context. 9.Parties. The term "City"as used herein shall refer to the City of Waukce,Iowa,its elected officials, agents,employees,officers,and contractors.The term HGrantor(s)H shall refer to ~Tem le I~ltd .LP,th i.i*i,ig;-i -i t,I '.il "f. 10.~tt ti 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. P~IH di ~ 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 H ERE BY COVENANT with the City that Grantor holds said real estate described in this Easement Area by title in fec 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 hcrcby relinquishes all rights of dower,homestead and distributive share,if any,in and to the intcrcsts conveyed by this Easement. Page 3 of4 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. e \d Iu ~Pd 7 I',2O ZS illiam .Peard,Mayor Attest: Tim Moetman,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) On the I i day of"l~ in and for the State o r ,20 IV,before me,theundersigned,aNotaryPublic ,personally appeared to me personally known,who being by me duly sworn,did say that the person is one of the partners of a partnership,and that the instrument was signed on behalf of the partnership by auth ity of the partners and the partner acknowledged the execution of the insuaiment to be the voluntary actand deed of the partnership by it and by the pa volunt .'executed. BETH BtCHARDSON g 2 %Commission Number retest m OVI Notary Pubhc in and for the State of iowa Paged of4 PREPARED BY:VEENSTRA 6 KIN)L INC -3000&STDNNPARKNAY=NEST OES NINES,IONA 50266=(~5(5P225M)000 RETURN TO.'VEENSTRA 0 KD(N,INC.—3000 NESTONN PARKNAY —NEST OES NDINES,IONA 50266-1320 —(515)225-ODDS o(ANER:EASEMENT DRA WING PAROEL NDU TEMPLE HOLDINGS.LP FOR SANITARY SEWER AND GAS BEING CONYEYED TD THE CITY OF WAUKEE,IA BOOK 2017 PAGEG575 W 1/4 CORNER SEC 21-79-26 1/2"REBAR W/YELLOW GAPA(5301 LOT 6 LOT 7 tb ~Y,q~' otL4C Oj thb I S LOT 6 SOUTH 15.00' WEST 30.00' EAST 55.00' r LOT 5 NE I/4 NW ' SW CORNER SEC 2()-7 SEC 21-79-26 CUT"X" LEGEN(3 SECTION CORNER MONUMENT FOUND (AS NOTED) (M)"AS MEASURED"DISTANCE OR BEARING (D)"AS DEEDEO"DISTANCE OR BEARING PERPETUAL EASEMENT N59'24'22"W(M}2636.41'(M} GRID NORTH IONA STATE PLANE COORDINATE SYSTEM ~SOUTH ZONE I 2 I tnvh=2002. 5 1/4 CORNER SEC 21-79-26 3/4"PIPE LITTLE NALNUT CREEK VEENSTRA 0 KINK,INO. 3000 ttESIONN PARKtlhy NEST OES MOINES,IONA 50200-I3205I5-225-0000 EXHIBIT E-4 Rev/By SHEET 1 OF 2 ——-PREPARED-BVI —VEENSTRA-6 KIN(,—INC-.—--SMO NESTOWN-PARKWAY~EDIT)ES-NOIR~DE~(&f3$~5&254)000— RETURN TO.'VEENSTRA 0 KINK,INC.—3000 KESTOKN PARKWAY -WEST OES MOINES.IONA 50266-1320 -(5(5)225-0000 OWNER:EASEMENT l3RAW INB PARCEL NOM TEMPLE HOLDINGS,LP FOR TEMPORARY CONSTRUCTION BEING CONVEYED TQ THE CITY OF MAUKEE,IA BOOK 2017 PAGE 5575 W 1/4 CORNER SEC 21-79-26 1/2"REBAR W/YELLOW CAPE)5301 LOT 8 M LOT 7I-E cc CI Q O I I LOT 6 PERPEIUAL EASEMENT EXHIBIT E-4 SHEET 1 OF 2 WEST 90.00' EAST 135.00'— SOUTH 50.00'I LOT 5 NW 1 SW CORNER SEC 25-7 SEC 21-79-26 CUFT(" LEGEND SECTION CORNER MONUMENT FOUND (AS NDTEO) (M)"AS MEASURED"DISTANCE OR BEARING (0)"AS DEEDED"DISTANCE OR BEARING~TEMPORARY EASEMENT NBO'24'22"W(M}2636.4)'(M) GRID NORTH IONA STATE PLANE COORDINATE SVSTEM ~SOUTH ZONE c 100 1 IncS =200 R. S 1/4 CORNER SEC 21-79-26 3/4 "PIPE LI1TLE WALNUT CREEK YEEHSTBA 2 KIMM,IHO. 3000 WESTOMM PARKWAY WEST OES MOINES IOHA 50205-1320 515-225-0000 ExHISIT E '4 Rev/By SHEET 2 OF 2