The URL can be used to link to this page

Home My WebLink About2018-04-02-Resolutions 18-141_NW Area Water Main Extension Phase 1 - Easements - Hughes Family FarmTHE CITY OF WAUKEE,IOWA RESOLUTION 18-141 APPROVING GAS AND WATER MAIN EASEMENT(S)RELATED TO THE NW AREA WATER MAIN EXTENSION PHASE 1 PROJECT [HUGHES FAMILY FARM LIMITED PARTNERSHIP,A/K/A HUGHES FAMILY LIMITED PARTNERSHIP] IN THE NAME AND BY THE A UTHOBITY OF THE CITY OF 8'A UKEE,IO IYA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that a Gas and Water Main Easement is necessary for the purpose of construction of the Northwest Area Water Main Extension Phase I Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Hughes Family Farm Limited Partnerships,a/k/a Hughes Family Limited Partnership,and legally described as referenced in Exhibit A,Easement Area,of the Gas and 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 April,2018,that it hereby approves the Gas and Water Main Easement(s)related to the NW Area Water Main Extension Phase 1 Project [Hughes Family Farm Limited Partnership, a/k/a Hughes Family Limited Partnership]in the amount of $1.00. illiam 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 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID:007473940007 Tyne;EASE Recorded:04/08/2018 at 08;40:49 AM Fee Amtt $37.00 Page 1 of 7 Dallas County Iowa Chad C.Airhart RECORDER Ftleff SK 2018 F05422 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Wa ukee,IA 502 63 pre ared bk;Trayis J.Paul veenhtra dr Kin))n Inc 3000 westown pk)kw west Des Moines Iowa 40266 sts 223-8880 GAS AND WATER MAIN EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: 1.Grant of Easement s . The undersigned,Hu hes Famil Farm Limited Partnershi a/k/a Hu hes Famil ~Li it dr t»hi,(h i it r dt th ho t ()"),rth City t'w k,o it . County,Iowa,in consideration of the sum of One and 00/100 Dollars 1.00 and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does hereby sell,grant,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 "Gas and Water Main Easement(s)"or eEasement(s)n)and right-of-way upon,over,under,through and across the real property legally described as: The East I/2 of the Southeast I/4 of Section 30,Township 79 North,Range 26 West of the 5'" P.M.,City of Waukee,Dallas County,Iowa. Perpetual Easement Commencing at the Southeast comer of said Southeast I/4;thence North 00'27'45"East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),116.50 feet along the East line of said Southeast I/4;thence South 89'42'00"West,40.00 feet to the Intersection of the West right-of-way line of T Avenue and the North line of an existing 16.5 foot telephone easement,said point being the point ofbeginning;thence continuing South 89'42'00"West,35.00 feet along said North line;thence Nolth 00'27'45"East,20.00 feet; thence North 89'42'00"East,35.00 feet to said West right-of-way line;thence South 00'27'45"West,20.00 feet along said West right-of-way line to the point of beginning. Containing 700 square feet,more or less. Itage I of 6 Temporary Easement Commencing at the Southeast corner of said Southeast I/4;thence North 00"27'45"East (all bearings referenced to Grid Notth Iowa State Plane Coordinate System South Zone),100.00 feet along the East line of said Southeast I/4;thence South 89"42'00"West,40.00 feet to the Intersection of the West right-of-way line of T Avenue and the North line of the former Chicago,Milwaukee &St.Paul Railway Company right-of-way,said point being the point ol'beginning;thence continuing South 89'42'00"West,90.00 feet along said North line of the former Chicago,Milwaukee &St.Paul Railway Company right-of-way;thence North 00"27'45"East,120.00 feet;thence North 89"42'00"East,90.00 feet.to said West right-of-way line;thence South 00"27'45"West,33.50 feet along said West right-of-way to the Northeast corner of a perpetual easement as shown on DWG.NO.E-6 sheet I of I of project 275204;thence South 89'42'00"West,35.00 feet along the Notch line of said perpetual easement to the Northwest conaer thereof;thence South 00"27'45"West,70.00 feet along the West line of said perpetual easement E-6 and along the West line of a perpetual easement as shown on Exhibit E-5 Sheet I of 2 of project 275298 to the Southv est corner thereof;thence North 89"42'00"East,35.00 feet along the South line of said easement Exhibit E-5 to said West right-of-way line;thence South 00'27'45"West,16.50 feet along said West right-of-way line to the point of beginning. Containing 8,350 square feet,more or less 2.Use and Pu ose of Easement s . This Easement shall be granted for the purpose of locating gas and water main (hereinafter referred to as "Easement(s)")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 Gas and Water Main therein or to connect and/or join the Gas and Water Main and appurtenances thereto)and to forever maintain the Gas and Water Main svhenever 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 will cease and terminate. 3.Maintenance. After the initial construction of the Gas and Water Main,and acceptance by the City,the City agrees,as part of the rcconstmction,maintenance and patrolling of the Gas and Water Main,to restore and replace the Easement arca(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 5 4.~te It fA 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 Harmless. 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 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 patties 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 ol'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.Parties. The term "City"as used herein shall refer to the City of Waukee,iowa,its elected oflicials, F t,Ply,fl,4 \t .Th t HG t ()"hit 1't~Hh F Farm Limited Partncrshi a/k/a Hu hes Famil Limited Patxnershi,their heirs,assigns, successors-in-interest,or lessees,if any. ld.~Al.t 'F The City may enforce this instrument by appropriate action,and should they prevail in such litigation they shall recover as patx of their costs the reasonable attorney's fees incurred in such litigation. Page 3 of S q This Agreement shall constitute the entire Agreemcnt between the patties and no antendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12.Para ra h l-leadin s. 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 lawful 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 of 5 Dated this Q~day of ,20 ~$ Hu hes Famil Farm Limited Partnershi a/k/a Hu hes Famil Limited Partnershi ~Ci PW k '~~t'gg~gQ .,Yyp -rr' liam F.card,M yor nest:Attest: A 6t 2 odbpi STATE OF 10%%) /b&i &r t aF p )SS: COUNTY OF&tbrEL~) Tim Moerman,City Administrator On the o)8 day of Hdvec,20 /8,before me,the undersigned,a N t PP bii i dt tb kt t &~pl',p iip pp d ,0%'~ku I.r..- and C(0%&/A&b/=joe S to me known,ho,bein by me duly sworn,did say that they are the ft g&ot)t &Pt f @tie fp&/t g/p'(r f 4rtef r pectively,f the corporation executing the foregoing inst ment;that (no seal has been procured by)( '~of)the corporation;that said instrument was signed (and~)on beh if of the corporation by authority of this Board of Directors;that and acknobvledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. »Ill&i«& «««&»b» Notary Public in and for the State of.levva PJ;;~et.,;A.I/e/~~A.2taod Page 5 of 5 PREPARED 8Y:YEENETRA 6 KIMM,IMC.—3000 NESTONN PARKWAY -HEST OES MOINES,IONA 50268-(320 —(515)225-8000 RETURN 101 YEENSTRA 6 KIN(,INC.-3000 NESTONN PARKWAY -NEST OES MOINES,IONA 50268-1320 -(515)225-8000 PwM .EASEMENT DRAW I NG PARDEL NDU HUGHES FAMILY FARM FDR GAS AND WATER MAIN LIMITED PARTNERSHIP THE CITY OF WAUKEE IA6/k/6 HUGHES FAMILY LIMITED PARTNERSHIP BOOK 2D18 PAGE 254 E 1/4 SEC 30-79-26 FNDIS/8 "REBAR UNS LI UNS TABLE BEARING LENGIW See'42'5553 35.55' NGG27'45'2 25.05' Kee'42'GG'2 35.05' See'27 45 "3 25.55' ILU (g )IJI cc +CI I CJ (77 57 DALLA5 COUNTY CONSERVATION BOARD P.O.B. 689'42'00'YY 40.OO 1 16.5'TELEPHONE EASEMENT L3 L 4;.C L4 LI vc g cv ce 8 S89'42'00"W(M)2640.52'(M) U.S.HIGHWAY 6 (HICKMAN ROAD) 6 1/4 SEC 30—79-26 FND;ALUMINUM DISC 1 P.D.C. SE CORNER SEC 30-79-26 FND:1 "PIPE LEGENDLSECTION CORNER MONUMENT FOUND (AS NOTED) 0 1/2"REBAR WITH YELLOW CAP018660 45 IDOT ALUMINUM CAP (M)"AS MEASURED'DISTANCE OR BEARING (R)"AS RECORDED"DISTANCE OR BEARING PERPETUAL EASEMENT 700 SQUARE FEET GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE Rev1/TJP Rev2/TJP 1 0 I lech=lee 3, NW AREA WATER MAIN EXTENSION REV 1 01-15-16;CHANGED AREA REV 2 03"-'SHIFTED DCAT ON VEENSTRA 6 KINK INC3555KSSTGKNPARKWAY WEST DSS WGINSS,TGKA 50265-I325515-225-5555 EXHIBIT Rev/BY SHEET 1 OF 2 PREPAREO BY:VEENSTRA 0 KIHM,INC.-3000 MESTOMN PARKMAY -NEST OES MOINES,IONA 50265-1320 -(5(5)225-6000 RETURN TO:VEENSTRA 6 KIHH,INC.-3000 MESTOMN PARKWAY -NEST OES MOINES,IONA 50265-1320 —(515)225-0000 EASEMENT DRAWING;„c;;„N;;: HUGHES FAMILY FARM FOR GAS AND WATER MAIN LIMITED PARTNERSHIP THE CITY OF WAUKEE,IA BEING CONVEYED TO a/K/a HUGHES FAMILY LIMITED PARTNERSHIP BOOK 2018 PAGE 254 E I/4 SEC 30-79-26 FND:5/8 "REBAR UNE TABLE UNE BEARING L5 589'42'00'W L6 NOO27'50'E L7 N89'42'00 "8 Le SOO'27'45'W LS 509 42'0039 LIO SOO'27'45"W L I I N89'42'00'E L12 SOD 27'45 "W 90.00' 120.00' 90.00' 31.50' 35.00' 70.0D' 16.50' J CJ4 ~F PERPEIDAL EASEMENT DWG.NO.E-6 SHEET I OF I PROJECT 275204 L7 LB lO g II7 N FV co I cv +CO 07 R I R V cV LLI LU 8 07&n Z 16.5'TELEPHONE EASEMENT 10 WI PESPETDAL EJSENFDD EXHIBIT E-5 SHEET I OF 2 DALLAS COUNTY CONSERVATION BOARD PROJECT 275298 P.O.B. 989'42 00 W 40.00' L)2)R E 8 O 589'42'00"W(M)2640.52'(M) U.S.HIGHWAY 6 (HICKMAN ROAD) 9 1/4 SEC 30—79-26 FND;ALUMINUM DISC I P.O.C. SE CORNER SEC 30-79-26 FND:I "PIPE LEGEND SECTION CORNER MONUMENT FOUND (AS NOTED) ~1/2"REBAR WITH YELLOW CAP916650 AA IDOT ALUMINUM CAP (M)"AS MEASURED"DISTANCE DR BEARING (R)"AS RECORDED"DISTANCE DR BEARING TEMPORARY EASEMENT B.350 SQUARE FEET GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE Rev(/TJP Rev2/TJP 50 I I IFFY =100 O. NN AREA HATER MAIN EXTENSION REV 1 D1-15-18:CHANGED AREA REV 2 03-1 —6'H T A VEENSTAA 6 KINK,INC.3000 NESIONN PAHKWAV NEST DES HOINES,IONA 50266-1320 515-225-8000 EXHIBIT E 5 Rev/BV SHEET 2 OF 2