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Home My WebLink About2018-01-15-Resolutions 18-030_Little Walnut Creek Trunk Sewer Phase 3-Indi Run Trunk Sewer - Easement - Broderick - PhillipTHE CITY OF WAUKEE,IOWA RESOLUTION 18-030 APPROVING SANITARY SEWER AND GAS EASEMENT(S)RELATED TO THK LITTLE WALNUT CREEK TRUNK SEWER PHASE 3/INDI RIJN TRUNK SEWER PROJECT [PHILIP E.BRODKRICK)LLC] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A UKEF.,IO8'A 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 Philip E. 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 Sewe Project [Philip E. Broderick,LLC],in the amount of $2,932.16. i F.ard,Mayor 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 NAY ABSENT ABSTAIN X illlllltlllllllllllllllllllllllllllllfllll IlllIll lllll III Doc ID:007420000005 TYPe:EASERecorded:01/23/2018 at 08:00:06 AMFeeAmt:$27.00 Page 1 of 5DallasCountYIowa Chad C.Airhart RECORDER Filets 2018 1188 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Pte ared tyv Trsvisl Paul Veenstrard Kimm lnc 3000 Wasteth»Pk&&V Westnes Vloincs lotha 6026/&slS 2»-2000 SANITARY SEWER AND GAS EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigned,Phili F,.Broderick.I.LC (hereinafter referred to as the cGrantor(s)n)l of the City oF Waulcee,Dallas County,iowa,in consideration ol'the sum of Two Thousand Nine Hundred Thirt -Two and 16/100 Dollars ~32.332.&6 d tl '6 d»d I hl »ld lt,tth lpt d fa l 2 t'hl hl hereby acknowledged,does hereby sell,grant,and convey to the City of Waukee,Iowa,a municipal Cotporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafter referred to as nEasement(s)P)and right-of-way upon,over,under,through and across the real property legally described as: The Noitheast 1/4 of the Southeast 1/4 of Section 28,Township 79 Noith,Range 26 West of the 56' 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 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 7one),978 01 feet along the North line of said Northeast I/4 of the Southeast I/4 to the point of beginning;thence South 23'34t18"Fast,160.61 feet;thence South 89'58355u East, 56.23 feet to a point on the West line of Parcel '17-118&of said Noitheast I /4 of the Southeast I/O as shown on the Plat of Survey thereof in Book 2016 on Page 2209ii in the Dallas County Recorder's Ofhce.The sidelines ol'said strip to be shortened or lengthened to terminate at thc North line of said Northeast I/O of the Southeast I/O and at the West line of said Parcel '17-118k Containing 6,505 square feet,more or less. Page i of 5 Temporary Easement Said tcmpnrtu y easement being a strip 90.00 feet 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/O;thence North 89'30'24"West (all bearings referenced to Grid North lotva 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 23'34'18"Fast,160.61 feet;thence South 89'58'55"East,56.23 feet to a poinl,on the West line of Parcel '17-118'of said Northeast I/O of the Southeast I/4 as shown on the Plat of Survey thereof in Book 2016 on Page 22096 in the Dallas Cnunty Recorder's Office,EXCEPTING THEREI'ROM 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 osc ofFasement s . This Easement shall be granted for thc purpose of locating sanitary sewer and gas (hereinafter referred to as "Sanitary Sev'er and Gas")and to permit and allow the city to enter at any time upon,over,under,tlnough,and across into said Easement(s)herein described to use as much of the surface and sub-surface thereof to consuuct,replace,lncate,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 Fasement(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 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 ol'the reconstruction,maintenance and patrolling of the Sanitary Sewer and Gas,to restore and replace the Easement area(s)to substantially thc same condition as prior to the time of entry or as agreed upon by the City and the Grantor(s),except the City shalt not be required to replace landscaping,trees,shrubs,bushes,landscape elements,structures,or underground water systtuns nor shall the City be required to restore thc Fasement 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 Grantnr(s)at the Grantor(s)'sole expense. Page 2 of 5 4.~Mht 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 use and enjoyment of the Fasement 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. Thc Grantor(s)agrees to indemnify and hold harmless the City,its elected ofticials, employees,officers,agents,representatives,contractors,and attorneys fiom 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 undertal&ing arising out of or otherwise related to this Fasement. 6.Runnin of Benefits and Burdens, 'I'he 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.Iurisdiction and Venue. Thc 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 tenus and conditions of this Fasement and said patties 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. 9.Pariies. The term "City"as used herein shall refer to the City of Waukee,Iowa,its elected officials, agents,employees,officers,and contractors.'I"he term "Grantor(s)"shall refer to Broderick Famil l.imited Partnershi,their heirs,assigns,successors-in-interest,or lessees,if any. 10.~Att 'g The City may enforce this insirument 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 ~ak This Agreement shall constin&te the entire Agrccmcnt between the parties and no anaendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12.~Pk kk di The paragraph headings in this Agreement are included solely for convenience and shall not al'feet or be used in comtection with,the interpretation ot'this Agreement. Grantor does I IEREBY COVFNANT with the City that Grantor holds said real estate described in this Easemratt 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 lawful claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive sharc,if any,in and to the interests conveyed by this Easement. Words and phrases herein including&acknowledgement hereof shall be construed as in the sing&ular or plural number,and as masculine or fran inine gender,according to the context. Page 4 of 5 Dated this day ol ,20~taf Phili I E.Broderick LLC City ffyy 2 illiam,Peard,lvlayor Attest;Attest 2 eVd.f &6 Tim Moerman,City Administrator S1 ATE OF IOWA ) tDOt-K )SS: COUNTY OF BALLAo ) 0 tl 3'dy f~e.,2d~f,dt'»,2 d id d,Nt yfdli df tl pt t f~T.:c',p»lly pp d Hat c image I '-3CQcggf i'I'artrl 0 f- to me known,who,being by me duly sworn,did say that they are the .2 and respectively,of the corporation executing the I'oregoing 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 cofporation by authority of this Board of Directors;that ,,ry-(nr ' d IC.and- acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. JCNN HNNERIrCamrfaaalmrafmtmr7OOSta lltf ~Oarama 2aae 2O,2irtO L No(ta)iy Public in and for the State of Iowa Page 5 of 5