The URL can be used to link to this page

Home My WebLink About2018-05-07-Resolutions 18-190_NW Area Water Main Extension Phase 2 - Water Main Easement - KoetheTHE CITY OF WAUKEE,IOWA RESOLUTION 18-190 APPROVING WATER MAIN EASEMENT(S)FOR THK NORTHWEST AREA WATER MAIN EXTENSION PHASE 2 PROJECT [LEMAR A.KOETHE] IN THE NAME AND BY THE A UTHOR1TY OF THE CITY OF WA U1CEE,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 Water Main Easement is necessary for the purpose of construction of the Northwest Area Water Main Extension Phase 2 Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by LeMar A. Koethe and legally described as referenced in Exhibit A,Easement Area,of the Water Main Easement(s)which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 7 day of May,2018,that it hereby approves the Water Main Easement(s)for the Northwest Area Water Main Extension Phase 2 Project [LeMar A.Koethe]in t t of $12,616.09. aries Bottenberg,ayor Pro Tem Attest: 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 NAY ABSENT ABSTAIN IllllllflllflllllIIIIIlllllfIlllflllllllffflllfflllfffllllllllflllfIIIII Doc ID:007513240006 Tyne:EASERecorded:05/29/2018 at 09:39:24 AidFeeAnt:932.00 Page 1 of 6DallasCountyIowa Chad C.Airhart RECORDERFilen 8k 2018 F09351 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 ~pre ared 6:rrsvis J.paul.veensrrn a kumm.inc.,5000 wcstown pkvvn.west De Moines Iowa 50266 sis 2253000 WATER MAIN EASKMKNT S KNOW TO ALL MEN BY THESE PRKSENTSI The undersigned,LeMar A.Koethe (hereinafter referred to as the nGrantor(s)n),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Twelve Thousand Six Hundred Sixteen and 09/100 Dollars ~512.616.09 d rd r d d I Sl id 0»,th rvt d aei r r d di 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 Main Easement"or n 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 32,Township 79 North,Range 26 West of the 515 P.M.,City of Waukee,Dallas County,Iowa. Perpetual Easement Said perpetual easement being more particularly described as fogows: The North 20.00 feet of the South 80.00 feet of said Southwest I/4 of the Southwest I/4 of Section 32,EXCEPTING the West 50.00 feet thereof. Containing 25,430 square feet,more or less. Temporary Easement Said temporary easement being more particularly described as follows: The South 100.00 feet of said Southwest I/4 of the Southwest I/O of Section 32,lying North of the North right-of-way line of 300th Street (Uruversity Avenue),EXCEPTING THEREFROM above described perpetual easement Segment I and EXCEPT the West 50.00 feet thereof. Containing 33,033 square feet,more or less. Page l of4 2.Use and Pu ose of Easement s . This Easement shall be granted for the purpose of locating water main (hereinafter referred to as "Water Main")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 Main therein or to connect and/or join the Water Main and appurtenances thereto)and to forever maintain the Water Main 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 constmction of the Water Main,and acceptance by the City,the City agrees,as part of the reconstruction,maintenance and pauolling of the Water Main,to restore and replace the Easement area(s)to substantially the same condition as prior to the time of entiy or as agreed upon by the City and the Grantor(s),except the City sha!I 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 tutknown conditions shall be the sole responsibility of'the Grantor(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 harml ss the City,its elected officials, employees,officers,agents,representatives„contractors,and attorneys fiom 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)arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6.R ERR eR aRt .48 4 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. Page 2 et 4 7.Jurisdiction and Venue. The City and the Girantor(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. 8.Words and Phrases. Words and phrases shall be construed as in the singular or pluml number,and as masculine, feminine or neuter gender,according io context. 9.Parties. The term "City"as used herein shall refer to the City of Waukee,iowa,its elected officials, agents,employees,officers,and contractors.The term "Grantor(s)"shall refer to LeMar A, Koethe,their heirs,assigns,successors-in-interest,or lessees,if any. 10.Att ~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. It'tt This Agreement shall constitute the entire Agreemem 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. 13.3~it P The City of Waukee will accommodate commercial width driveway entrance at the time of Waco Place street widening. Grantor does HERFEY 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 WARIL4INT 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. Pagea 33f4 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 I,eMar A.Koethe ~oi fW tarn F.rd ayor Attest:Attest Tim Moerman,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) On the ~day of ~r~J,20J~,before me,the undersigned,a Notary Public in and for the State oQ~,.personally appeared ,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. ~re SETH RICHARDSON.g T.nemmberrm Number 7N erst Notary Pub!ic in and for the State of Iowa Page 4 of 4 PREPARED BY',VEENSTRA 6 KINE,INC.—3000 NESTONN PARKNAY -NEST DES WINES,IONA 50266-(320 —(515)225-6000 RETURN TO:VEENSTRA 6 KINE,INC.-3000 NESTONN PARKNAY -NEST DES MOINES,IONA 50266-1320 -(515I 225-8000 WNER: LEMAR A.KDETHE BEING CONVEYED TO THE CITY OF WAUKEF,IA PHYSICAL ADDRESEO EASEMENT DRANING """''o- FOR WATER MAIN 1232300003 OOK 2004 PAOE20067 OOK 2004 P*GE20066 Wi/4 CORNER SEC 32-79-26 FND;5/8 PIPE &lo0 IR I vv ll™A I I NORTH 20.00' SOUTH 60.00' y 0' Vl CJww ill f/) SW CORNER SEC 32-79-26 FND.'5/8 "REBAR EASEMENT FOR PUBLIC HIGHWAY BK652 PG15 300th STREE~TUNIVERSITY AVEN~UE 1321.64' N89 53'07"W 2643.28' 61/4 CORNER SEC 32-79-26 FND:5/8 "REBAR GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE LEGEND SECTION CORNER MONUMENT FOUND (AS NDTED) PERPETUAL EASEMENT 25.430 SB.FT. 200 0 lee 200 l tech 200 6, RR AREA RATER MAIN EXTENSION V22551RA 0 KIRM.IRC.5000 556VOKH PARKKAV NEST 055 ROIN26,IONA 50266-1 20515-225-5000 EXHIBIT Rev/By SHEET I OF 2 PREPARES BY:VEENSTRA 6 KIMN,INO,-3000 WESTOWN PARKWAY —WEST DES MOINES,IONA 50266-(320 -(515)225-6000 RETURN TOI'VEEKSTRA 6 KIWI,INC.-3000 WESTONN PARKWAY "WEST DES MOINES,IOWA 50266-1320 —(5{5)225-8000 WNERI LEMAR A.KOETHE OOK 2004 PAQE20D67 OOK 2004 PAOE20068 BEING CONVEYED TO THE CITY OF NAUKEE,IA PHYSICAL ADDRESS: WI/O CORNER SEC 32-79-26 FND:5/8"PIPE Ib @4 r {~CO Irl CI W LU GI Ir{ SOUTH I 00.00 PERPETUAL EASEMENT SW CORNER SEC 32—79 —26 FND:5/8 "REBAR EASEMENT FOR PUBLIC HIGHWAY BK652 PG16 1321.64' N89'53'07'W 2643.28' 51/4 CORNER SEC 32-79-26 FND:5/8 "REBAR LEGEN{3 SECTION CORNER HONUHENT FOUND {AS NOTED) TEMPORARY EASEMENT 33,033 SO.FT. GRID NORTH IONA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 0 fcn 0 I Inch 200 It NN AREA MATER MAIN EXTENSION YEEN312A 6 KIMM IHC.3000 868TOKM PAAK6AY IIE3T 028 MOINE5,IOKA 50266-I320515-2c5-8000 EXHIBIT Rev/BY SHEET 2 OF 2