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Home My WebLink About2018-01-15-Resolutions 18-031_Little Walnut Creek Trunk Sewer Phase 3-Indi Run Trunk Sewer - Easement - Broderick - CharlotteTHE CITY OF WAUKEE,IOWA RESOLUTION 18-031 APPROVING SANITARY SEWER AND GAS EASEMENT(S)RELATED TO THE LITTLE WALNUT CREEK TRUNK SEWER PHASE 3/INDI RUN TRUNK SEWER PROJECT [CHARLOTTE R.BRODKRICK,LLC] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEK,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 Sanitary Sewer and Gas Easement is necessary for the purpose of construction of the Little Walnut Creek Trunk Sewer Phase 3/Indi Run Trunk Sewer Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Charlotte R. Broderick,LLC,and legally described as referenced in Exhibit A,Easement Area,of the Sanitary Sewer and Gas Easement(s)which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 15'"day of January,2018,that it hereby approves the Sanitary Sewer and Gas Easement(s) related to the Little Walnut Creek Trunk Sewer Phase 3/Indi Run Trunk Sewer Pro'ect [Charlotte R.Broderick,LLC],in the amount of $2,932.15. 'liam F.Peard,ayor 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 NAY ABSENT ABSTAIN IIHIHIIIIIIJIIHIIIIIHHIIIIIIIIIIIIHIIIHIIIIHIIHIIIHIIHIIIIIIIIIII Recorded:Ct/23/2018 at 08:00:07 ArtFeeAtst:827.00 page 1 of 5DallasCountyIowa Chad C.Airhart RECORDERFtlets as2Q i 8 Pal 189 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waul&ee,IA 50263 Pr ared ty Travis 3 Paul Veenstratrg Kimnt inc 3000 Wc toyhu Pkw 'West.Des Moines lowa30266 sli 223-8000 SANlTARY SEWER AND GAS EASKMKNT S KNOW TO ALL MKN BY THESE PRESENTS: The undersigned,Charlotte .Broderick LLC (hereinafter referred to as the "Grantor(s)a),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Two Thousand Nine Hundred Thirt -Two and IS/100 Dollars ~2932.td d th g d d t ht td tt,h tpt d frt y r htht hereby acknowledged,does hereby sell,grant,and convey to the City of Waukee,Iowa,a municipal Corpomtion (hereinafter referred to as "the City"),a permanent and perpetual easeinent (hereinafter referred to as uEasement(s)")and right-of-way upon,over,under,through and across the real property legally described as: The Northeast I/4 ot'the Southeast I/4 of Section 28,Township 79 North,Range 26 West of the 5'" P.M.,City of Waukee,Dallas County,Iowa. Perpetual Easement Said perpetual easement being a strip 30.00 feet in width lying 15.00 feet on each side of the I'olio wing described I inc: Commencing at the Northeast corner of said Northeast I /4 of the Southeast I/4;thence North 89'30'24"West (all bearutgs referenced to Grid North Iowa State Plane Coordinate System South Zone),978.01 feet along the North line of said Nottheast I/4 of the Southeast I/4 to the point of beginning;thence South 23'34'18o East,160.61 feet;thence South 89'58'55"East, 5623 feet to a point on the West line of Parcel '17-118'ofsaid Northeast I/4 of the Southeast I/4 as shown on the Plat of Survey thereof in Book 2016 on Page 22096 in the Dallas County Recorder's Office.The sidelines of said strip to be shortened or lengthened to terminate at the North line of said Northeast I/4 of the Southeast I/4 and at the West line of said Parcel '17-118'. Containing 6,505 square feet,more or less. Page i of 6 Temporary Easement Said temporary easement being a strip 90.00 fbet in width lying 25.00 feet on the East and North side and 65.00 feet on the West and South side of the following described line: Commencing at the Northeast corner of said Northeast I/4 of the Southeast I/4;thence North 89'30'24"West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),978.01 feet along the North line of said Northeast I/4 of the Southeast I/4 to the point of beginning;thence South 23'34'l 8"East,160.61 feet;thence South 89'58'55"East,56.23 feet to a point on the West line of Parcel '17-118'of said Northeast I/4 of the Southeast I/4 as shown on the Plat of Survey thereof in Book 2016 on Page 22096 in the Dallas County Recorder's Office,EXCEPTING THEREFROM above described perpetual easement as shown on Exhibit E-2 sheet I of 2.The sidelines of said strip to be shortened or lengthened to terminate at the North line of said Northeast I/4 of the Southeast I/4 and at the West line of said Parcel '17-118'. Containing 15,752 square feet,more or less. 2.Use and Pur ose of Easement s . This Easement shall be granted for the purpose of locating sanitary sewer and gas (hereinafter referred to as "Sanitary Sewer and Gas")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 Sanitary Sewer and Gas therein or to connect and/or join the Sanitary Sewer and Gas and appurtenances thereto)and to forever maintain the Sanitary Sewer and Gas 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 ol this Easement without thc 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 construction of the Sanitary Sewer and Gas,and acceptance by the City„the City agrees,as part of the reconstruction,maintenance and patrolling of the Sanitary Sewer and Gas,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 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. Page 2 of S 4.R~itt fA The City shall have the right of access to the Easement Area and have all rights of ingfress and egress reasonably necessary l'or the use and enjoyment of the Easement Area as herein described,including,but not limited to,the right to remove any unauthorized obstructions or su uctures placed or erected in the Easement Area. 5.Hold Harmless. The Grantor(s)agrees to indemnify and hold harmless the City,its elected officials, employees,oAicers,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 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.Runnin of 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. 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. &).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 RGrantor(s)"shall refer to Broderick Pamilv Limited Partnershi,their heirs,assigns,successors-in-interest,or lessees,if any. 10.A~tt '4 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. Page 3 of 5 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. l2.~et a di 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. Grantor does HEREBY 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 WARRANT AND DEFEND the said Easement Area against the lawtul 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. 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. page 4 ors tytdtht ~dy f ~zo&S . Charlotte .Broderick LLC hatt fW h i liam F.card,Mayor Attest AJ Attest: Tim Moerman,City Administrator Sl ATE OF lOWA ) )SS: COUNTY OF DALLAS ) ty th '2 d y f~Jltf t',20 'td,hf,th d tg d,tt thy htt in and for the State of ~~,personally appearedt(~., to me known,ho,being by me duly sworn,did say that they are the respectively,of the corporation executing the foregoing instrument;that (no seal has been procured by)(the seal affixed 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 acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by thmn voluntarily executed. .tttllllrrrr ':%IOXVP ea rrrrtftttt Vhxd 5 n I'S Pub ic in and for the State of iowa