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Home My WebLink About2017-11-20-Resolutions 17-537_NW Area Water Main Extension Phase 1 - Water Main Easements - Deery Deery DeeryTHE CITY OF WAUKEE,IOWA RESOLUTION 17-537 APPROVING WATER MAIN EASEMENT(S)RELATED TO THE NW AREA WATER MAIN EXTENSION PROJECT,PHASE 1 [DKERY)DKKRY & DEERY,LLC] IN THENAMEANDBYTHEAUTHORITYOF THE CITYOF WAUKEE,IOWA 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 NW Area Water Main Extension Project,Phase 1;AND, WHEREAS,said easement shall be located on a portion of the property owned by Decry,Decry &Decry,LLC,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 20 day of November,2017,that it hereby approves the Water Main Easement(s)for the NW Area Water Main Extension Project,Phase 1 [Decry,Decry &Decry,LLC]in the amount of $LOO. Attest t iam .Peard,Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X NAY ABSENT ABSTAIN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID:007371830007 Type:EASERecorded:12/11/2017 at 08;80:3C AMFeeAmt:$37.00 Page 1 of 7DallasCountVIowa Chad C.Airhart RECORDERFtterr BK20 i 7 F024098 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 prc are&I hc Travj I paui vccnstrad'c Kimm Inc 3000 wcstonn pkwr wed 1)os Moines lowt 50260 5)5 'cs-sooo WATER MAIN EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigned,Deer Deer /k Deer LLC (hereinafter referred to as the nGrantor(s)n),of the City of Waukee,Dallas County,iowan in col)sideration of the sum of One and 00/100 Dollars $1.00 and other good and valuable consideration,the receipt and sufftciency 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 "Water Main Eascmentn or nEasement(s)")and right-of-way upon,over,under,through and across the real property legally described as: Parcel '17-140'of the Northeast I/4 of the Northeast I/4 of Section 32,Township 79 North.Range 26 West of the 5"'P.M.,City of Waukee,Dallas County,Iowa,as shown on the Plat of Survey thereof recorded in Book 2016 on Page 24530 in the Device of the Dallas County Recorder. Perpetual Easement Commencing at the Northeast corner of said Section 32;thence South 00'41'28n West (all bearings referenced to Grid North iowa State Plane Coordinate System South Zone),98.28 feet along the East line of said Northeast I/4 of (he Northeast I/4 to the Northeast corner of said Parcel '17-140';thence North 60'36'10"West,30.18 feet along the North line of said Parcel '17-140'to the point of beginning;thence North 89'02'35n West,802.06 feet;thence South 86'14'37"West,494.64 feet to the West line of said Parcel '17-140*;thence North 00'41'01"East,14.04 feet along said West line to the Northwest corner thereof;thence North 86'14'37"East,494.13 feet along the North line of said Parcel '17-140'I thence South89'02'35'East,776.79 feet along said North line;thence South 60'36'10"East,29.38 feet along said North line to the point of beginning; Containing 17,973 square feet,more or less. Page I of 5 Temporary Fasement Commencing at the Northeast corner of said Section 32;thence South 00'41'28*'West (all bearings referenced to Grid North Iowa State Plane Coordinate System South 7one),98.28 feet along the East line of said Northeast I/4 of the hlortheast I /4 to the Northeast corner of said Parcel '17-140'.said point being the point of beginning;thence continuing South 00'41'28"West,15.61 feet along the East line of said Parcel 17-140',thence North 89'02'35"West,827.48 feet;thence South 86'14'37"West,495.74 feet to the West linc ol' said Parcel '17-140*;thence North 00'4 l '01"Fast,30,09 feet along said West line to the Southeast corner of above described perpetual easement;thence North 86'14*37'"East, 494.64 feet alongh the South line of said perpetual easement;thence South 89'02'35"East. 802.06 feet along said South line to the North line of said Parcel '17-140';thence South 60'36'10"East,30.22 feet along said North line to the point of beginning; Containing 39,506 square feet,more or less 2.Use and Pur 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 ol'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 iVlain 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 propetty 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 thc end ol' construction,at v;hich time said temporary will cease and terminate. 3.slainte nance. After the initial construction of the Water Main,and acceptance by the City,the City agrees.as part o I'the reconstruction,maintenance and patrolling of the Water Main,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 v'hich 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. ~aht h'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 elected officials, cmployccst oAicers,agents,representatives,contractors„aftd 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 thc Grantor(s)arising out of or in connection with any undertaking arising out of'or otherwise related to this Easement. 6.Runninty of Benefits and Burdens. The terms and conditions of this Easement are bindint&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, assigfts,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 enforcement of the terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County,lov a. g.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 oAicia)s, t,ply,fh,d t t...yht "D t i&"hii t'&~DD* ~D.LLC,th i hi,ip,-i .i t t,I,iy y. 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 thc entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both part les. Page."&Dfs 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 A&Preement. 13.~SI P The City of Waukee v;ill accommodate commercial width driveway entrance at the time of Waco Place street widening. Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easemcnt Area by title in fee simple;that Grantor has good and lawful authority to convey the same;and said Granlor covenants to WARRANT AND DEPEND the said Easement Area against the lawful claims ol all persons whomsoever. Each ol'the undersig3ned hereby relinquishes all rights of dov er,homestead and distributive share,il'any,in and to the interests conveyed by this Easement. 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. Page4 of 5 Dated this I '3 day of Uetm4f Ilcerv.Decry 8;Beery.I.LC Citv of %aukee tlliam F card,h ayor Attest STATE OF )OtYA ) )SS: COl)DUTY OF DALLAS } xln l On thc ~dav of 'oV&rn)o&~,20 ~+,before mc,the undmsignctl,a 'Uotary Public in and for the State of Tc~v x,personally appeared rn l jd av and hoalt,4 to mc known,who,bei tg by mc duly sworn,did say that they are thc O'U tie.r and .Vt«Atk)gV respectively,of thc corporation executing the foregoing insttxtntent:that (no sea has been procured by)(the seal afftxed thereto is the seal of)thc corporation;that smd instrument was signed (and sealed)on behalf of the corporation by authority of this Board of Directors;that )~r Q 3)ee.a»d ~US s 'van)rik acknowledged the exccutton of the instrumr nt to be the voluntary act and deed of the cotporation, by it and by them voiuntarily executed. (L,~~~ Notary Public in and for the State of iowa ANN C.SPURR 0 Ccatnttaatcn Number 7tl4S1 My gspttaa Page 5 ct S PREPARED BY:YEENSTRA 6 KINK,INC.-3000 WESTOWN PARKWAY -WEST OES MOINES,IOWA 50266-1320 -(515)225-8000 RETURN TO:YEENSlRA 6 KIMM,INC.-3000 WESTONN PARKWAY -NEST OES MOINES.IOWA 50266-1320 —(515)225-6000 EASEMENT DRAW ING P~~„N;;:„ BOOK 2D17 PAGE5561 BOOK 2015 PAGE24530 BEING CONVEYED TO THE CITY OF NAUKEE.IA PHYS(CAL ADDRESS: N 1/4 SEC 32-79-26 FND:ALUMINUM DISC P.O.C. NE CORNER SEC 32-79-26 FND:!DOT ALUM.DISC N89'45'47"W(M)2643.54'(MAR) NE 1/4 NE 1/4 U.S.HIGHWAY 6 (HICKMAN ROAD)FND:MAG NAIL N89'45'47 "W(M)1321.77'(M)N89'52'35 "E(R)1321.87'(R).E(M Ag4,13 M S)OPD2 35 E M 7/6.799~9 N66'07'4060740 E R 494 13 R S89'34'01 "E R 776.79'R N89'02'35"W(M)802.06'(M)S66'14 37"W(M)494 64 ( P.O.B. LU OIZP I +Lu W 07 PARCEL '17 140 BK2016 PG24530 Ã CO (0443 0( cc LEGEND SECTION CORNER MONUMENT FOUND (AS NOTED) ~1/2"REBAR WITH YELLOW CAP618660 Ah IOOT ALUMINUM CAP (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS FIECORDEO"DISTANCE OR BEARING PERFIETUAL EASEMENT 17.973 SQUARE FEET GRID NORTH IONA STATE PLANE COORDINATE SYSTEM SOUTH ZONE !Iwch 200 0, cc 43 E 1/4 0! SEC 32-7g FND:STONE UWE TABIE UWE LI (M) LI (R) L2(M) LI(M) L4(M) L5(M) L5(R) BEARING lENGTH SIKC41'28'8 98.28' SOB20'02'W 98.28' WSO'SS'10'5 30.18' HIKI41'01'5 1404' 580'35'10'2 29.38' HI!41'01 5 93.88' HOB!9'32 I 93.99' NW AREA WATER WAIN EXTENSION VEEWSTRA 0 KIWW.IWO.3000 WESTOWH PARKWAY WEST OES WOIWES.IOWA 50258-1320515-225-8000 EXHIBIT E Rev/By SHEET 1 OF 2 PREPAREO BY:VEENSTRA 0 KINK,INC.-3000 NESTONN PARKMAY -NEST OES MOINES,IONA 50266-1320 -(515)225-8000 RETURN TO:VEENSTRA 6 KI/O(INC.-3000 NESTONN PARKNAY -NEST DES MOINES,IONA 50266-(320 —(515)225-8000 EASEMENT DRA WING PARCEL NOM BOOK 2017 PAGE5561 (BEING CONVEYED TO THE PHYSICAL ADDRESS: BOOK 2015 PAGE24530 CITY OF WAUKEE,IA P.O.C. NE CORNER SEC 32-79-26 FND:IDOT ALUM.DISC N89'45'47"W(M)2843.54'(M) N 1/4 SEC 32-79-26 FND:ALUMINUM DISC NW CORNER NE I/4 NE I/4 U.S.HIGHWAY 6 (HICKMAN ROAD)FND:MAG NAIL N89'45'47"W(M)1321.77'(M)NSQ'52'35"E(R)1321.87'(R) 6814'37"E(M)494~( N86'07'40"E(R)494.1 3'(R S89 34'01 EQR)776.79'(R) BW14'37"W(M)89'02'35 "W(M)827.48'(M .8 (- / LU 01PR / &LU PARCEL '17-140' BK2016 PO24530 I/O IO E 1/4 SEC 32-79-26 FNDISTONE LEGEND SECTION CORNER MONUMENT FOUND (AS NOTED) ~1/2"REBAR WITH YELLOW CAP026660 8 IDOT ALUMINUM CAP (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING TEWIPDRARY EASEMENT 39,506 SGUARE FEET GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 100 2 !Inrh=2000. UWS TABlE Le(M)NOITAI'01 "2 9666' L5(R)NOT/19'32"2 9%99' Le(M)900'41'28"5 98.28' L6(R)601720'02"W 9!L28' Ly(M)50041'28 "W 15 61' Le(M)NOO'4l'01'2 30.09' Le(M)Sel/38'10"5 30.22' NW AREA HATER MAIN EXTENSION VESMSTRA 9 KIMM.INC.3000 WSSTOWM PARKWAY WEST OES MOINES,IOWA 50266-1320515-225"8000 EXHIBIT Rev/By SHEET 2 OF 2