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Home My WebLink About2018-01-02-Resolutions 18-005_NW Area Water Main Extension Phase 1 - Easement - Waukee T Avenue LLCTHE CITY OF WAUKEE,IOWA RESOLUTION 18-005 APPROVING WATER MAIN EASEMENT(S)RELATED TO THE WATER MAIN EASEMENT(S)RELATED TO THE NORTHWEST AREA WATER MAIN EXTENSION PHASE 1 PROJECT [WAUKEE T AVENUE)LLC] INTHENAMEANDBYTHEAUTHORITYOF 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 Northwest Area Water Main Extension Phase 1 Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Waukee T Avenue,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 2"day of January,2018,that it hereby approves the Water Main Easement(s)related to the Northwest Area Water Main Extension Phase 1 Project [Waukee T Avenue,LLC]in the amount of $46,20 L63. h .P ar ayo Attest: Rebecca D.Schuett,City Clerk RESULTS OF VOTE: Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R.Lyon AYK X X X X X NAY ABSENT ABSTAIN llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID:007407310007 Type:EASE Recorded:01/08/2018 at 09:47:21 AII Fee Ant:$37.00 Page 1 of 7 Da11aa County Iona Chad C.Airhart RECORDER F tie&a Ek 2018 F0386 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 pre ared hv I'rapid I paul vccnhuea&Ken&&&Inc 3000 'Iveh&oyynl"k«v wehlnea Ivtoioeh lo&vas0288 yl yyy-3000 WATER IIMAIN EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigned.Waukee T Avenue LLC (hereinafter referred to as the "Grantor(s)n).of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Fort -six Thousand Two Hundred One and 63/100 Dollars ~P&6.0&.d'd thdd I h&e &da'«,h '&p&d r&&y r ahab hereby acknov ledged,does hereby sell,&yrant,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 nFasement(s)n)and right-of-way upon,over, under,throu&ah and across the real property legally described as: The Southv'est I/O of the Southwest I/O of Section 29,'I ownship 79 North,Range 26 West oi'the 5'"P.M.,City ol'Waukee,Dallas County.Iowa. Perpetual Easement Commencing at the Southwest corner of said South~est I/O;thence North 00"27'45"East (all bearings referenced to Grid North lowe State Plane Coordinate System South Zone), 120.00 feet along the West line of said Southwest I/O;thence South 89'32'15"East,40.00 feet to the East right-of-way line of T Avenue,said point being the point ol'beginnino&r;thence South 89'46'42'East,1281.16 feet to the East line of said Southwest I/4 of the Southwest I/O;thence South 00"24'00"West,20.00 feet along said East line to the North line of the former Chicago,Ivlilwaukee k.St.Paul Railway Company right-of-v'ay;thence North 89"46'42"West,1281.18 I'eet along said North line to said East right-of-way line of T Avenue;thence North 00'27'45"East,20.00 feet along said East right-of-v ay line to the point ofbeginning. Containing 25,626 square feet,more or less. Page I of 5 Temporary Easement Commencing at the Southv est corner of said Southv est I/4;thence North 00"27 45*'East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone). 120.00 I'eet along the West line ol'said Southwest I/4,thence South 89'32'15'East,40.00 feet to the Fast right-of-way line of T Avenue,said point being the Northwest corner of above described perpetual easement and the point of beginning;thence North 00'27'45" East,16.50 feet;thence South 89'46'42"East,15.00 feet:,thence North 00'27'45'East, 45.00 feet;thence South 89'46'42"East,75.00 feet,thence South 00'27'45"West,31.50 feet;thence South 89'46'42'East.1191.12 feet to the East line of said Southwest I/4 of the Southv est I/4;thence South 00"24'00'West,30.00 feet along said East line to the Northeast corner of'said perpetual easement;thence North 89'46'42"West,1281.16 feet along said North line to the point of beginnine. Containing 40,599 square feet,more or less 2.Use and Pur ose of Easement s . This Easement shall be granted for the purpose of locating v ater main (hereinafter referred to as "Water iVlain")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 iVlain whenever necessary within the Easemcnt(s)granted herein.No structure or building of'any kincl whatsoever shall be erected upon property that is the subject of'this Easement without the express written consent of'the City.Thc 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 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 thc Easement area(s)to substantially the same condition as prior to the time of entry or as agreed upon by the City ancl 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 conditions shall be the sole responsibility of the Grantor(s)at the Grantor(s)'sole expense. ~R'ht I'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 usc and cnjoymcnt of thc 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. Page 2 of 5 5.Hold Harmless. The Grantor(s)agrees to indemnify and hold harmless the City,its elected officials, employees,officers,agents,representatives,contractors,and attorneys f'rom and against any and all claims or demands f'or liability,loss,damage.costs,expenses,or attorney's fees ol'any kind f'or actions or omissions ol'the Grantor(s)arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6.Runnin«pl'Benefits 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 burdens,run with the land and are binding upon and inure to the heirs, assigns,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,iowa. 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 officials, agents.employees,olTicers.and contractors.The term "Grantor(s)"shall refer to Waukee T A &I.C,&&i &ih,i,-i -i &,i,ii l 0.Attornev's Fees. 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 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. page 3 of 5 ~P--hH d The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection v ith,the interpretation of this Agreement. Grantor does I-IEREBY 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 v homsoever. 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. W'ords and phrases herein including acknowledgement hereof shall be construed as in the sin&gular or plural number,and as masculine or feminine gender,according to the contevt. Page 4 of 5 Dated this I W day of D~~~ Waukee T A.venue LLC Cfft IW d illiam .Peard,ayor Attest:Attest:„/,, STATF.OF lOWA ) )SS; COUNTY OF DALLAS ) On the du day of Notary Public in and (for the State of ,20~/,before me,the undersigned.a .personally appeared and to me knov'n,who,being by me duly sworn,did say that they are the I"~Y d respectively.of the corporation executing the foregoing instrument,that (no seal has been procured by)(the seal aftixed thereto is the seal of)the corporation;that said instrument was signed (and sealed)on behalf of the corporation by authority of this Board of Directors;that k )-a and acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. B~R)CHARtyao~„ Oomfntaaion Num pifaa My CW Notary Public in and for the State of lov a page s ofs PREPARED BV:VEENSTRA 6 KIMN,INC.—300D WESTDNN PARKWAV -NEST DES MOINES,IONA 50266-1320 —(5(5)225-8000 RETURN TO'VEENSTRA 0 KIMN,INC.—3000 WESTDWN PARKWAY -NEST DES MOINES.IOWA 50266-1320 —(515)225-BODO EASEMENT DRANING ''-- WAUKEE T AVENUE,LLC FOR WATER MAIN ODK 2005 PAGE2235 GEING CONVEYED TO 1HE PHYSICAL ADDRESS:CITY OF WAUKEE,IA W I/4 SEC 29-79-26 FND:5/8"REBAR )14 r I Lg ve Ol LO 07 569'32'15"E 40.00' P.O.B. 589'46 42 E(M)1281.16'(M) N89'46'42"W(M)1281.18YM) DALLAS COUN1Y CONSERVATION BOARD P.O.C, SW CORNER SEC 29-79-26 FND:ALUMINUM DISC U.S.HIGHWAY 6 (HICKMAN ROAD) N89'46'42 W(M)2642.58'(M) 6 I/4 SEC 29-79-26 FND:ALUMINUM DISC LEGEND JL SECTION CORNER MONUMENT FOUND (AS NOTED) FB 1/2"REBAR WITH YELLOW CAP018660 e IOOT ALUMINUM CAP GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE UNE TABLE UNE BEARING LI NOO 27'45"2 L2 500'24'00"H L3 NOO'27'45 2 LENGTH 120.00' 20.00' 20.00' (M)"AS MEASURED"DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING PERPETUAL EASEMENT 25.626 SQUARE FEET 2tle I IncA "200 5. \00 2 NW AREA HATER HAIN EXTENSION VBENOTRA 0 KLMM,TNC. 3000 HGGTOHN PARKWAY HOOT 025 MOINES,IOMA 50266-4320 5 45-225 "0000 EXHIBIT E Rev/By SHEET I OF 2 PREPARED O'6 VEENSTRA 6 KIMM,INC.-3000 MES)OWN PARKWAY -WEST OES MOINES,IONA 50266-1320 -(515)225-0000 RETURN TO:VEENSTBA 6 KIMM,INC.-3000 WESTOMN PARKWAY -WEST OES MOINES,IOWA 50266-1320 -(515)225-8000 EASEMENT DRAWING P~DEL No) WNER:FOR WATER MAIN 12-29-300-004 WAUKEE T AVENUE,LLC BEING CONVEYED TO THE PHYSICAL ADDRESS: OOK 2005 PAGE2235 CITY OF WAUKEE,IA W I/4 SEC 29-79-26 FND:5/8 "REBAR r r+~C / / KP Cll 07 G7 U/0/ Cl IMi W t9 SBS'32'15"E 40.00' L9 P.O.B. P.O.C, SW CORNER SEC 29-79-26 FND:I "PIPE 589'46'42 "E(M)1191.12'(M) N89'46'42 "W(M)1281.16'(M) DALLAS COUNTY CONSERVATION BOARD U.S.HIGHWAY 6 (HICKMAN ROAD) N89'46'42"W(M)2642.58'(M) 5 1/4 SEC 29-79-26 FND:ALUMINUM DISC LEGEND SECTION CORNER MONUMENT FOUND (AS NDTED) 0 1/2"REBAR WITH YELLOW CAP918660 e IDOT ALUMINUM CAP (M)'AS MEASURED"DISTANCE DA BEARING (R)"AS RECORDED"DISTANCE OR BEARING TEMPORARY EASEMENT 40,599 SQUARE FEET GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 109 900 I Inch —200 t1 LINE TABLE UHE BEARING LENGTH L4 WOO'27'45"2 120.00' L5 Wety27'45"2 16.50 Le 559'46'42"5 15.00' L7 WOO'27'45"2 45.00' 16 569'46'42 "2 75.00 L9 500'27 45 W 31.50' LI 0 500'24'00 "W 30.00' MW AREA WATER MAIN EXTENSION VEEHBTRA 9 KIMM,IHC. 3000 WEBTOWW PARKWAY WEST DEB MOINES,/OWA 50266-1320 5/5-225-6000 teIN Kl Rev/By EXHIBIT E -4 SHEET 2 OF 2