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Home My WebLink About2017-12-18-Resolutions 17-573_Waco Pl Water Main Extension - Easement - HakemanTHE CITY OF WAUKEE,IOWA RESOLUTION 17-573 APPROVING WATER MAIN EASEMENT(S)RELATED TO THK WACO PLACE WATER MAIN EXTENSION PROJECT [DALLAS D.HAKEMAN AND LINDA M. HAKE MAN] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,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 Waco Place Water Main Extension Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Dallas D. Hakeman and Linda M.Hakeman 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 [Dallas D.Hakeman and Linda M.Hakeman]in the amount of $1.00. W'am F card,M yor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X NAY ABSENT ABSTAIN X iillllnlilIlill1iilliiiilIil(lllil(lllll~lliiillillllilliillilwll Fee Ant:$32.00 page 1 of 0 Dallas Counts iowa Chad C.Asrhart RECORDER -20i7 -25i35 pre ared hv'Traviv I paul vccnstra a Kimm Inc 3000 westovvn pkvvv west oct stoincs.Iorvas0266 slsiigs 3000 WATER I&IAIN EASEMENT S KtsIOW TO ALL i&IF N BY THESE PRESENTS: 1.Grant of Easement sl. The undersigned,Dallas D.Hakeman and Linda M.Hakeman.husband and wife, (hereinafter referred to as the nGrantor(s)n)r of the City of Waukee,Dallas County,Iowa.in consideration of thc sum of One and 00/100 Dollars 1.00 and other good and valuable consideration,the receipt and sufficiency of which is hereby acknovvledged,does hereby sell, grant,and convey to the City of Waukce,Iowa,a municipal Corporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafter referred to as "Water Main I.asementn or "Easement(s)n)and right-ot'-way upon,over,under,through and across the real property legally described as: That tract of land being a part of Government Lot 4 of Section 3,Township 78 North,Range 26 West of the 5'"P.M.,City of Waukee,Dallas County,Iowa,as described in Warranty Deed Book 506 on Page 415 in the office of the Dallas County Recorder. Perpetual Easement The West 20.00 feet of the Fast 37.00 feet of thc South 60.00 feet ot said tract described in Book 506 on Page 415. Containing 1,200 square feet,morc or less. Temporary Easement The East 37.00 feet of the South 73,00 feet of said tr&sct described in Book 506 on Page 415, EXCEPTING THEREFROM the West 20.00 feet of the East 37.00 feet of'the South 60.00 feet. Containing 1,502 square feet,more or less. Page I of 4 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 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 svhenevcr 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 v ill cense and terminate. 3.Maintenance. At'ter the initial construction of the Water Main,and acceptance by the City,the City agrees,as part of 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 thc 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 shaH be the sole responsibility of the Grantor(s)at the Grantor(s)'sole expense. 4.Riaht of Access. 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 Harm less. 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 and all claims or demands for liability,loss,damage,costs,expenses,or attorney's fees of any kind tor 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.Runnin of Benefits and Burdens. The tcnns 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 nnd are binding upon and inure to the heirs, assigns,successors,tenants and personal representatives of the parties hereto. Page 2 of 4 7.Jurisdiction and Venue. The City and the Grantor(sl agree the District Court of thc State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions ol this Easement and said parties consent to the jurisdiction ol'the person being in Dallas County,Iov;a, 8.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 io the City of Waukee,Iosva,its elected oflicials, agents,employees,oflicers,and contractors.The term "Grantor(s)"shall refer to Dalhs D. Hakeman and Linda M.Hakeman,their heirs,assigns,successors-in-interest,or lessees,if any. I O.Attornev's Fees. The City may enforce this instrument by appropriate action,and should they prevail in such litigation they shall recover as pars of their costs the reasonable attorney's fees incurred in such litigation. This Agreement shall constitute the entire Agreement betv'een the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12.Paraera h Headines. 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.~Si I P The City of Waukee will accommodate commercial width driveway entrance at the time of Waco Place street widening. Grantor does HEREBY COVENANT v ith 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 DFFEND the said Easement Area against the lawhd 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 of4 Words and phrases herein including acknowledgement hereof shall be construed as in the sin&rular or plural number,and as masculine or feminine gender,according to the context. I Dated this day of ,20~. Dallas D.Hakeman and Linda M.Hakcman Citv of WVaukee Dal as D.Hakeman 7V/ Lin a M.Hakeman tllia F.Peard,Mayor2 Attest:Attest: Tim Moerman,City Administrator STATE OF lOWA ) )SS: COUNTY 01'DALLAS ) On the ~l day of AD~~,20~,before me,the undersigned,a Notary Public in and for the State of ~~&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)1untary a deed. BETH RICHARDS'&I V .;Ccln&slssien Number rci?3&' n Expires Notary Public in and for the State of iowa BETHRIr ~DSQN Cerrtrr&rssion all liner 701731 Notary Public in and for the State of iowa On the &M day of~~+Ls,20~,before mc,the undersigned,a Notary Public in and for the State of~~,personally appeared I ' to me known to be the identical pcrson(s) named in and who executed the foregoing instrument,and acknowledged that (he)(she)(they) executed the instrument as (his)(her)(their)v ntary deed. I Page 4 of 4 PREPARER BY:VEENSTRA &KIMM,INC.-3000 NEBTONV PARKNA'f —NEST OES rNOIMES,IONA 50266-1320 —(515)225-0000 RETURN TO'VEENSTRA &KIMM,INC.—3000 ME&TONK PARKWAY -NES)OES MOINES,IONA 50266-1320 —(515)225-BOOS LINDA M.HAKEMAN BEING CONVEYED TO THE BOOK 506 PAGE415 CITY OF WAUKEE,IA PHYSICAL ADDRESSI 3069 WACO PLACE WAUKEE,IA 50263 SDUTH 60.00'o)b WEST 20.00' EAST 37.00' N89'38'05"W(M)4Q3 00'(M) N89'62'00 "W(D)403.0'(D) 1/2"PIPE RICHARD JAMES VDGEL CAROL LYON VOGEL EAST 17 00'—I V)o 'OQ~/dfJ, ~r@-SOS ONO K~SO 2/47 Cl DJ IJ PJ DALLAS D.HAKEMAN LINDA M.HAKEMAN Iro BK506 PG415 N 5/8"PIPE W/YELLOW —o~8 oo)~CAPP11582 N oryClrO o -I BK2012 PG21071 EXISTING RIGHT-OF-WAY 83.00 (O LJ trr 0 3: f o)rh LJo IL (PP ph)E YA tw(p U.0' @ASK FUTURE RIGHT-OF-WAY 100.00' o 61 07 LEGEND SECTION CORNER MONUMENT FDUND (AS NOTED) 0 PROPERT MONUMENT FOUND (AS NOTED) (M)"AS MEASURED"DISTANCE OR BEARING (0)"AS DEEDED"DISTANCE DR BEARING PERPETUAL EASEMENT 1,200 SQUARE FEET SE CORNER GOVERNMENT LOT 4 FND:5/8"REBAR W/YELLOW CAPI)1 )582 GRID NORTH IOWA STATE PLANE COOFIDINATE SYSTEM SOUTH ZONE eo 100I00 I Inch =100 fl WACO PLACE WATER MAIN EXTENSION FND:5/8 "REBAR 365 21'(M) W/ORANGE CAPIP(2266 SQUYH UIVE 6o" I hereDy certify that this lanrf surveying docueent was prepared and the related survey work was parforeed by ee or under ey drrect personal supervision and that I arr a duly licensed Land 5urveyor under tne laws of ths State of lowe. Signed Oats SoDDy J.Maddaleno.P.L.S. Iowa License Mo tNeeo My lrcense renewal date is oeceeber 31,2017 Drawings covered Dy this sea L sheet I of 2 and eoeov J, wee IM rwroses enact 2 of 2 Rev/By VEEMSTRA 6 KIMM.160.3000 MEslbilw peRKMAY lfEST OES MOIMES.IQMA 50266-1320515-225-6000 EXHZ8ZT SHEET 1 OF 2 PREPAREO OY.VEINS(RA 6 KIMM,INC.—3000 WESTONN PARKWAY —WEST OES MOINES,IOWA 58266-1320 —(5151 225-8000 RETURN TO:VEENSTRA 6 KIMN,INC.—3080 NESTONN PARKWAY —WEST OES MOINES,IOWA 50266-1320 —(515)225-8000 BEING CONVEYED TD THE BOOK 506 PAGE4'15 CITY DF WALIKEE,IA PHYSICAL ADDRESS: 3069 WACO PLACE WAUKEE.IA 50263 SDUTH 73.00 EAST 37.00'— WEST 20.00' EAST 37.00' N89'38'05 W(I I)403.00'(M) N89'52'OowW(D)403.0'(D) PERPETUAL ~' 35. YJA/ Z(0 ~S'8 .~O .,C//7JaG~S 6.C'00a.IdfJ ECG&0&88 ONO rt wl DALLAs D.HAKEMAN ~sz C4g 0 LINDA M.HAKEMAIN CD) BK508 PG415 ut I co cd 0 0 0OI0 Z 5/8"PIPE W/YELLOWOsna~NCAP611582 0onl 0 In N0 RICHARD JAMES VOGEL CAROL LYON VDGEL BK2012 PG21071 p-((3 -(A ~P60-7 OPC( EASEMENT EAST 17.00'— EXISTING RIGH1-OF-WAY 83.00' id tb Vl 0 00dlOIRIb LJo fv LL00oN N0Z LJ FUTUFIE RIGHT-QF-WAY 100.00' (OP(DKI E. YAWP(-PU.I +goo ( LEGEND SECTION CORNER MQNUME FOUND (AS NOTED) ~PROPERT MONUMENT FOUND (AS NOTED) (M)"AS MEASURED"DISTANCE OR BEARING (0)'AS DEEI)EO"DISTANCE OR BEARING TEMPORARY EASEMENT L—I 1,502 SGUAFIE FEET SE CORNER 3 GOVERNMENT LOT 4 F'ND:5/8 REBAR W/YELLOW CAPO)1582 GRID NOI-ITH IONA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 0 SO IOO WACO PLACE IIATSR MAIN EXTENSION I FND:5/8 "REBAR )36521'(M) W/ORANGE CAPI)12285 Gu H LIME GOVFRMM NT I hereby certify that thts land surveying aocueent was prepared and the related survey wort was per foraed oy aa or under my direct personal supervision and that 1 aa a auly licensed Land surveyor unaer tne ia s of the state of loss. Signea Oats e III J. S dd I* issin VEENSTAA 6 KIMM.INC.3000 wesydwN P*AKWAY NEST Oes M0INE5,lowe 50266-1320515-225-9000 EXHIBIT eobby J Maddaleno,p.L.S Iowa License ho.19960 ily license enewsl dare is Oeceabaf 31,20 17 Ora inde cavered by tnts seal Sheet 1 of 2 and Shee:2 of 2 Rev/BV SHEET 2 OF 2