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Home My WebLink About2017-12-18-Resolutions 17-572_Waco Pl Water Main Extension - Easement - Giles TrustTHE CITY OF WAUKEE,IOWA RESOLUTION 17-572 APPROVING WATER MAIN EASEMENT(S)RELATED TO THE WACO PLACE WATER MAIN EXTENSION PROJECT [RICHARD W.GILES REVOCABLE TRUST U/A DATED JUNE 24,1999] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF IYA UKEE,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 Waco Place Water Main Extension Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Richard W. Giles Revocable Trust U/A Dated June 24,1999,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 18 day of December,2017,that it hereby approves the Water Main Easement(s)related to the Waco Place Water Main Extension Project [Richard W.Giles Revocable Trus /A Dated June 24,1999]in the amount of $1.00. W'liam F.card,Mayo Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X NAY ABSENT ABSTAIN illlliilil II llillillillllllillllililli Ililll illill Doo ID:007A00020007 Tyne:EASE Recorded:12/27/2017 at 09:23:26 AM Fee Amt:$37.00 Page 1 of 7 Dallas County Iowa Chad C.Airhart RECORDER Filear 3.20 2 7 F025134 pre ared bi Traiis I paul venus!ra%gimm In .3000 we'ionn ptue yves!Des tdoinos lona 10266 slj "jsor!I! WATER MAIN EASEIWIEVIT S KNOW TO ALL IVIEiV BY THESE PRESEiVTSI I.Grant of Easement s The undersigned.Richard W.Giles Revocable Trust U/A Dated June 24.1999, (hereinafter referred to as the nGrantor(s)"),of the City of Waukee,Dallas County,Iowa.in consideration of the sum of One and 00/100 Dollars 51.00 and other good and valuable consideration.the receipt and suftlciency of which is hereby acknowledged,does hereby sell, grant.and convey to the City of Waukee,Ioyi a.a municipal Corporation (hereinafter referred to as "the City").a permanent and perpetual easement (hereinafter referred to as "Water Main Easement"or "Easement(s)")and right-of-way upon,over,under,through and across the real property legally described as: That part of Government Lot 4 of Section 3,Township 78 North,Range 26 West of the 5m P.M., City ot Waukee,Dallas County,Iowa,as described in Warranty Deed Book 2005 on Page 4732 in the office of the Dallas County Recorder. Perpetual Easement Commencing at the Southeast corner of said Government Lot 4;thence South 83'36'10" West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone).365.21 feet along said South line to the West right-of-way line of SE Waco Place,also known as 98'Street;thence Viorth 02'21'55'"East.,137.30 feet along said West right-of-way line to the beginning of a non-tan&rent curve concave Easterly and having a radius of 770.00 I'eet,to which beginning a radial line bears South 74'31'51"West,said point being the point of beginning.thence Northwesterly along said curve through a central angle of 17'50'02"an arc distance of 239.67 feet,said curve having a chord which bears North 06'33'05"West, 238.70 feet„thence tangent to said curve North 02og I'55'East.160.29 feet to the South line of a tract of land described in Book 2012 on Page 21071 in the oftlce of the Dallas County Recorder;thence South 89'38'05"East,20.01 feet along said South line to a point on thc future West right-of-way line of said SE Waco Place,said future right-of-way line being 17.00 feet normally distant VVesterly from the existing right-of-yvay line of said SE Waco Place;thence South 02'21'55"West,160.98 feet along said future right-of-yvay line to the Page I ofs beg&innin &ol'a tangent curve concave Easterly and having a radius of 750.00 t'eet;thence Southeasterly along said cur~e through a central angle of 12'13'23"an arc distance of 160.00 Ibct,said curve having a chord which bears South 03'-I-'I'45"East,159.70 Feet to the existing right-of-way line of said SE Waco Place:thence on a non-tangent line South 02'21'55" W'esk 77.04 feet along said existing right-of-way line to the point of beginning. Containing 7.255 square feet,more or less. Temporary Easement Commencing at the Southeast corner of said Government Lot &R thence South 83'36'10" West (all bearings referenced to Grid Uorth Iowa State Plane Coordinate System South Zone),365.21 I'eet along said South line to theWcst right-ot:v ay line ol'SE Waco Place, also knov n as 98'"Street:thence North 0 '21'55"East.97.81 feet along said West right-of-v'ay line to the beginning of a non-tangent curve concave Easterly and having a radius of 783 00 feet.to v&hich beginning a radial line bears South 71'-)6'qq"West,said point being the point of beginning.thence Uorthv;esterly along said curve through a central angle oF20'35'I I"an arc distance of 281.33 feet,said curve having a chord which bears North 07'55'40"&t est.279.82 feet;thence tangent to said curve North 02'21'55"East, 159.83 feet to the South line ol'a tract of land described in Book 2012 on Page 21071 in the oft)ce of the Dallas County Recorder,thence South 89"38'05"East.50.03 lect along said South linc to the said existing right-ol'-way line;thence South 02'21'55"West.436.90 I'eet along said existing right-of-way line to the point of beginning,EXCEPTING THEREFROM above described perpetual easement. Containing 10.018 square feet.more or less. Usc and Pur ose of Easement s . This Easement shall be granted tor the purpose of locating water main (hereinafter referred to as "Water ivlain")and to permit and allow the citv 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 necessarv v ithin the Easement(s)qranted herein.No structure or building of any kind whatsoever shall be erected upon propertv that is the subject of this Easement without the express vvritten consent of the City.The temporary easement shall be for a 12 month period.or until the end of construction.at rvhich time said temporary will cease and terminate. 3.Maintenance. After the initial construction of the Water Main,and acceptance bv the City,the City agrees,as part ol 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 Page 2 cFS nor shall the City be required to restore the Easement area bv reason of settlement.depression.or anv unl nov,n conditions vvhich arise subsequent to the restoration and'or replacing ol'the easement area:anv subsequent restoration bv reason ol'settlement,depression or any unknovcn conditions shall be the sole responsibility of the Grantor(s)at the Grantor(s)'sole expense. 4 Ri&aht ol'Access. The City shall have the right of access to the Easement Area and have all rights of ingress and e &ress reasonablv necessarv for the use and enjoyment of the Easement Area as herein described.including.but not limited to,the right to remove any unauthorized obstrucrions or structures placed or erected in the Easement Area. 5.Hold Harmless. 1 he Grantor(s)agrees to indemnify and hold harmless the Citv,its elected offtcials. employees.ofltcers.agents.representatives,contractors.and attorneys from and ag&ainst anv and all claims or demands for liability.loss.damage,costs.expenses,or auornev's fees ol'anv kind for actions or omissions of'the Grantor(s)arising out of or in connection with any undcrtakina arisino out of or othenvise related to this Easement. 6.Running of Benettts and Burdens. The tetrms and conditions ol this Easement are binding upon the Grantor including.but not limited to,future ovvners,developers,lessees or occupants.All provisions of this instrument, including benet)ts and burdens,run vsith the land and are binding upon and inure to the heirs, assigns.successors.tenants and personal representatives of'the parties hereto. 7.Jurisdiction and Yenue. The City and the Grantor{s)agree the District Court ol'the State of lovva shall have exclusive jurisdiction over the subject matter and enl'orcement ol'the terms and conditions of this Easement and said parties consent to the jurisdiction ol the person being in Dallas County.Iowa. 8.V&ords and Phrases. SYords and phrases shall bc 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 tYaukee.iowa,its elected ol'ltcials. agents.employees.ofltcers,and contractors.The term "Grantor(s)"shall rel'er to Richard 9'.Giles Res ocablc Trust UrA Dated Junc "4.1999,their heirs,assigns.successors-in-interest.or lessees.if any. l0.Attorncv's Fees. The Cit&may enforce this instrument by appropriate action.and should the&prevail in such litigation thev shall recover as part ol'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. ~P-h i&di The paragraph headin&hs in this Agreement are included solely for convenience and shall not affect or be used in connection with,the interpretation ol'this Agreement. Grantor does HEREBY COVENAV!I with the City that Grantor holds said real estate described in this Easement Area by title in fec simple;that Grantor has good and lav'ful authority to convey the same;and said Grantor covenants to WARRANT AND DEFEVD the said Easement Area against the lavvful claims of all persons whomsoever. Each of the undersi&gned hereby relinquishes all rights of dower,homestead and distributive share.if anv.in and to the interests conveved bv this Easement. W'ords and phrases herein including acknowled&gement hereof shall be construed as in the sin&gular or plural number,and as masculine or feminine gender,according to the context. Pa eaofs i Dated this L dav ol'(gs Richard 'A.Giles Revocable Trust IJ/3& Dated,tune 2sk 1999 Citv of 3&Yaukee I;I Richard lV.Giles (trustee) U~'ut&~2f&().-S~'~&,.4 Ppt.t~ Carolvn A.Giles (trustee) iam F.ear,iktayor Attest:Ani st ~N,S ~ STATE OF ~P ') )SS: COUNTY OF~S ) im Mocrm n,Citv AdministratT or On the A dav of D&Cxp ~.20 J .before me,the undersigned.a Uiotary public in and for the State of Jtt xvvxm".~.personallv appeared g c)n-~k L2'Im,lt:~,as trustee ol'the Richard tY.C iles Revocable Trust UiA Dated June 24,1999r to me knovvn to be the identical person named in and vvho executed thc within and foregoing instrument,and acknovvledge that he.as such fiduciary. executed the same as the voluntarv act and deed ol himself and of such tiduciarv, e@~»~PATRICIA LIAR IE LARSON Notary Public-lAinneeota uy Cnmm&ssmn Exmres Jen 3&,2020 k=.~= Notary public in and for the State of tera rr),rvrvt'su On the 8 dav of -cr.&M .20 I,before me,the undersigned,a Notary Public in and t'or the State of/N2&torpsuk-i personally appcarcd ,as trustee ol'the Richard 5&Y.Giles Revocable Trust Ui A Dated June 24.1999,to me known to bc the identical person named in and who executed the tv ithin and I'ore&ruing instrument,and acknow led&ie that he,as such fiduciary, executed the same as the voluntarv act and deed of himself and ol such fiduciarv. ~ ! ~~)~~I~~~~~~~~~~~~~u~~~I~ ~~ ~ ~ ~~ ~ ~ ~~ ~~ ~~ ~~~~I ~~~ !O r ~~ ~~~ ~~ ~ ~~ ui~~ ~ v&vs.vu&r&n "m&v vv v A;m , p"- r .'.QPATRIOIA MARIE LARSON ,—S Notary Publ&c.Mf&sn..eo 8 ,"'~Ins ccmmissmn Expires snn 31 2020 m Uiotary Public in and for the State of Ittcca trt,rvrvt!JC~ Pa e 5 of5 PREPARES SH VEENSTRA 6 KDA INC.—3000 WESTOWN PARKWAY —WIST OES NOINES,(ONA 50266-1320 -(515)225-6000 RETURN TO:VEENSTRA 6 KINK,INC,—3000 WESTONN PARKWAY -WEST OES NOINES,(ONA 50266-(320 —(5(5)225-6000 ,„„EASEMENT DRANING P«OEL»4 REVOCABLE TRUST U/A FOR HATER MAIN DATED JUNE 24.1999 BOOK 2005 PAGE4732 BEING CONVEYED TO THE CITY OF HAUKEE.IA PHYS(CAL ADDRESS: 3101 WACO PLACE HAUKEE,IA 50263 Hc/x./c 1/2 "PIPE g ~ZOJV jx 0 DALLAS D.HAKEMAN LINDA M.HAKFMAN (3K506 PG415 7 tG/y/%.~~orl' rG croonol tv V u'IVOVI 0 0eltv Ol r RICHARD JAMES VOGEL CAROL LYON VOGEL BK2012 PG2(071 S89'38'05 "E(M) 20.01 (M)r EXISTING RIGHT-QF —HAY 83.00 Ovj E YAAp+pC(X~ ~@00 ( CURVE TABLE RADIUS CHG.BRG. -lb.cv 0 cv 0CHORDCURVELENGTH N89 38 05 W~IM)397.97 (M)t N89'52 00 W(D)397.97 (D)I HEST 20.00' EAST 37.00'+ ur W 01 239.6'I' 02 160.00 770.00'N06 33'05 "W 760.00'603'44'45"E 238.70' 169.70 RICHARD W.GILES REVOCABLE TRUST U/A DATED JUNE 24,1999 BK2005 PG4732 g)AF0'~ O~P-P ApX.O „o~A 7 F5-26 otic(ZOYA P.O.B. ur W ur 0 S02'21 1(5"W(M) 77 04 M) FND:5/8 REBAR z .I OMN(M 365 21 ( LEGEND CAP/12265~SOUTH LINE GGV SECTION CORNER MONUMENT FOUND (AS NOTED) ~PROPEFIT MONUMENT FOUND (AS NQTEDI (M)"AS MEASURED"DISTANCE OR BEAFIING (D)"AS QEEDEO"DISTANCE OR BEARING PERPEIUAL EASEMENT 7,255 SQUARE FEET GFIID NORTH IONA STATE PLANE COORDINATE SYSTEM SOUTH ZONE en Ion I In b —IOO ft. SE CORNER GQYERNMENT LOT 4 FND:5/8 "REBAR W/YELLOW CARIN(1582 MAGO PLACE WATER HAIN EXTENSION I hereby certrty that this Ised surveying docunent rMs prepared and the related survey ears eas perforeed by ne or under ay rOrect personal supervlsron ana tnat !aa a duly licensed land surveyor unaer the lans af the state af Ious, Signed bete a ev J veeneyhn g XIMM,IMC.goon Megyonn paohunv NEST OEO Mhlneg,IOMA 60266-1320eld-226-eood EXHIBITcolbyJ.Meddale o,P.L.S. Iowa Ltcense Mo.Ipgso My license reneial date ra oeceaber gf,2oly Orauings covered by thrs seal:Sheet I nf 2 and sheet 2 of 2 Rev/By SHEET I OF 2 PREPARED OY:VEENSTRA 6 KIMM.INC.—3000 WESTONN PARKWAY -WEST OES MOINES.IOWA 50266-1320 —(515)225-0000 RETURN TO.VIENSTRA 6 KIMM.INC.-3000 WESTOIfN PARKWAY —NEST OES MOINES,IOWA 50266-1320 —(515)225-6000 FOR HATER MAIN BEING CONVEYED TO THE CITY OF NAUKEE,IA REVOCABLE TRUST U/A DATED JUNE 24,1999 BOOK 2005 PAGE4732 '„„,'„,„„„„EASEMENT DRAWING PARCEL HOJ 16-03-100-013 PHYSICAL ADDRESS: 3101 WACO PLACE NAUKEE,IA 50263 DALLAS D.HAKEMAN LINDA M.HAKEMAN BK506 PG415 XoHCI-"7C 1/2 "PIPE — X ur rcr ru 669'38'05'E(M) N89'38 05 WIIM 397.97 (M) N89'52'QO"W(0)397.97'(D)r CURVE TABLE CURVE LENGTH RADIUS CHD.BRG.CHORD -r0, or Dr03281.33'783.00'N0755'40 W 279.82' rB W RICHARD W.GILES REVOCABLE TRUST U/A DATED JUNE 24,1999 BK2005 PG4732 PERPETU L ~PERPETUAL EASEMENT P&-",D~"-)8-&' @AC ~YOYA P.Q.B IK g rrt rp r MJ 0 «r c3 ul lu 07 EXISTING RIGHT-DF-MAY 83.00' O~E pt 0 WES~ FUTURE RIGHT —QF-MAY 100.00' N02'21'55 "E(M) 97.81'(M) FND:3/8"REBAR X '„()36521'(M) LEGEND CAP~122~6r 00tH LlME GOVERNSSECTIONCORNERMONUMENT FOUND (AS NOTED) rS PROPERT MONUMENT FOUND (AS NOTED) (M)"AS MEASURED"DISTANCE OR BEARING (0)"AS DEEDED"DISTANCE OR BEARING TEMPORARV EASEMENV 10.018 SQUARE FEET SE CORNER J GOVERNMENT LOT 4 FNOr5/8"REBAR W/YELLOW CAPt)f1582 r —lNl fr WACO PLACE WATER MAIN EXTENSION GRID NORTH IONA STATE PLANE COORDINATE SYSTEH SOUTH ZONE 0 SO 100 I hereby csrtity tnat tnie lane surveying document res prepared and the related survey M rk ras perforeed by ee or unrter my street personal suDer talon and that I aa a du)y licensed Land Surveyor und th lees of the State at tora Signed gar.e r. reMO e soDuy J.Maaoaleno,P.L.s.r Ious License Mn.Iggsa My license eneral dote is OecemDer 3i,20it prarlngs covered Dy this seal:Sheet i of 2 and Sheet 2 of 2 Rsv/By VSSMSIMA S KIMM,IWC. 3000 wssygws pnsKtrav WEST 025 MOIMES,IOWA 50255-i3205t5-225-5000 EXHIBIT SHEET 2 OF 2