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Home My WebLink About2018-04-02-Resolutions 18-142_SW Area Trunk Sewer Phase 4 - Easements - Hughes Family FarmTHE CITY OF WAUKEE,IOWA RESOLUTION 18-142 APPROVING SANITARY SEWER AND GAS EASEMENT(S)RELATED TO THE SW AREA TRUNK SEWER PHASE 4 PROJECT [HUGHES FAMILY FARM LIMITED PARTNERSHIP,A/K/A HUGHES FAMILY LIMITED PARTNERSHIP] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF 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 Sanitary Sewer and Gas Easement is necessary for the purpose of construction of the Southwest Area Trunk Sewer Phase 4 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 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 2"day of April,2018,that it hereby approves the Sanitary Sewer and Gas Easement(s)related to the SW Area Trunk Sewer Phase 4 Project [Hughes Family Farm Limited Partnership,a/k/a Hughes Family Limited Partnership]in the amount of $L00. ham P card,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 X NAY ABSENT ABSTAIN X IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID:007473980007 Type'.EASERecorded:04/CS/2018 at 08;41:32 AMFeeAnt:$37.00 Page 1 of 7DallasCountyIowa Chad C.Airhart RECORDER Filete an 20 i 8-5423 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Pre ared h 'Tratis J paul veenstrs &Rimnt inc f000 westown pkw west Dcs Moines lowe 50266 5(5 225-8000 SANITARY SEWER AND GAS EASFMENT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigned,Hu hes Famil Farm Limited Pattnershi 8/k/a Hu hes Famil U~itdyd i,(h ft f dt th "O t (i"i,fth City fW k,Oil County,iowa,in consideration of the sum of One and 00/100 Dollars SI.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 "Sanitary Sewer and Gas Easement"or uEasement(s)n)and right-of-way upon,over,under,through and across the real property legally described as: Perpetual Easement A perpetual sanitary sewer and gas easement located in part of the Southeast 1/4 of the Southeast 1/4 of Section 30,Township 79 North,Range 26 West of the 5'P.M.,Dallas County,iowa.Said petpetual easement being more particularly described as follows: Commencing at the Southeast corner of said Section 30;thence North 00'27'45"East (all bearings referenced to Grid North lov a State Plane Coordinate System South Zone),136.50 feet along the East line of said Southeast 1/4 of the Southeast 1/4;thence South 89'42'00" West,40.00 feet to a point on the East right-of-way line of T Avenue,said point being the point of beginning;thence South 89"42'00"West,35.00 feet.;thence North 00'27'45"East, 50.00 feet;thence North 89"42*00"East,35.00 feet to said West right-of-way line;thence South 00"27'45"West,50.00 feet along said West right-of-way line to the point of beginning. Containing 1,750 square feet,more or less. Page i of 6 2,Use and Pur ose of Easement s . fhis Easement shall be granted for the purpose of locating Sanitary Sewer(s)and Gas Main(s)and gas main(s)(hereinafter referred to as "Sewer(s)and Gas Main(s)and Gas Main(s)") and to permit and allow the city to enter at any time upon,over,under,through,and across into said Easenient(s)herein described to use as much of the surface and sub-surface thereof to construci,replace,locate,rebuild,enlarge,reconstruct,patrol,repair (including the right to place and build additional Sewer(s)and Gas Main(s)therein or to connect and/or join Sewer(s)and Gas Main(s)and appurtenances thereto)and to forever maintain Sewer(s)and Gas Main(s)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 of this Easement v ithout the express written consent of the City. 3.Maintenance. After the initial construction ol'the Sewer(s)and Gas Main(s),and acceptance by the City, the City agrees,as part of the reconstruction,maintenance and patrolling of the Sewer(s)and Gas Main(s),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,shtxtbs,bushes,landscape elements,structures,or underground water systems nor shall the City be required to restore the Easnnent 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 Cirantor(s)'sole expense. 4. ~amphi 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 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 undertaking arising out of or otherwise related to this Easement. page 2 of 6 6.Runnin of l3enefits 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 berrefrts 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 thc 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. 9.Parties. The tenn "City"as used herein shall refer to the City of Waukee,iowa,its elected officials, 2 1,Ply,fh,d 2 t,.fh,t "G t ()"Ill 1'1~ah F Farm Limited Partnershi a/k/a Hu hes Famil Limited Partnershi,their heirs,assigns, successors-in-interest,or lessees,ifany. 10.~Att 'F 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. ~tt tl This Agreement shall constitute the entire Agreement between the parties and Iio amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12.P~ha d The paragraph headings in this Agreement are included solely for convenience and shall not affect or bc used in connection with,the interpretation of this Agreement. Page 3 Gt'6 Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easement Area by title in lee 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 ol'the undersigned hereby relinquishes all rights of dower,homestead and distributive share,if any,in and to the interests conveyed by this Easemenh Words and phrases herein including acknowledgement hereof shall be construed as in the singular or plural number,and as masculine or ftnninine gender,according to the context. Page 4 of 6 Dtdtll ~j.)dy f Hu hes Famil Farm Limited Partnershi a/k/a Hu hes Famil Limited Partnershi ~eit fW 0 i~PX~g'IZiiZ lip~' illia .Peard,Mayor 0 ~ddt l STATE OF LAVA /i ',tdt w COUNTY OF DALLAS' ) )SS: ) Attest: '+ZAN"e~ Tim Moerman,City Administrator 0 tl ~od y f~tk,20 ~8,0 f th std 10 d,td t yy 011 in and for said State,personally appeared 'v l 6.&'",to me personally known, whobeingbymedulysworn,didsaythattheperson son ofthepa sersof k-kyf fr~' a partnership,and that the instrument was signed on behalf of the partnership by authority of the pattners and the partner acknowledged the execution of the instrument to be the voluntary act and deed ol'the partnership by it and by the partner voluntarily executed. Page 6 of 6 &U ilrlrrrrr eu a &irrv prr&."v+~ xxxr CCUI4 Notary Public in and for the State of iowa f )rokufos g./Err„d,8i 2c r STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~54 day of ,20 I 5,before me,the undersigned,a Notary Public in and for sa d County and State personally appeared William Peard and Tim Moerman,to me personally known,who being by me duly sworn,did say that they are the Mayor and City Administrator of the City of Waukee,Iowa,a municipal corporation,executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee,by it and by them voluntarily executed. ~st„REBECCA D.SCttUETT3I,Commission Number rr6696 My Commission Expires rAair 0 3,2020 Notary Public in and for the State of Iowa Page 6 of 6 PREPARED BY:YEENSTRA 6 KIHM.INC.-3000 NESTONN PARKNAY -NEST OES MOINES,IOWA 50266-1320 -1515)225-6000 OWNER: HUGHES FAMILY FARM LIMITED PARTNERSHIP a/k/a HUGHES FAMILY LIMITED PARTNERSHIP BOOK 2018 PAGE 254 EASEMENT DRAWING FOR SANITARY SEWER ANG GAS BEING CONVEYED TO THE CITY OF WAUKEE.IA PARCEL 1O: 1230400004 S @SCX @5@CJ 6& E1/4 CORNER SECTION 30-79-26 FND'5/8"REBAR L INE BEARING DISTANCE LI S89 '42'00 "W L2 NOO '27'45'E L3 N89'42'00'E L4 SOO'27'45 "W 35.00 ' 50.00 35.00 50.00 DALLAS COUNTY CONSERVATION BOARD S89 '42'00"W 40.00' L3 L2 "II..'::;L4 PERPETUAL EASEMENT EXHIBIT E-5 SHEET 2 OF 2 PROJECT 275296 T6.5'TELEPHONE EASEMENT RT I Uf z)1 &(10 CU Ill RT 03 W I CD CP 0 TOII TV Ul '0 F5CCO 8+9' +~CJ OP DALLAS COUNTY CONSERVATION BOARD 689 '42'00"W 2.640.52' 51/4 CORNER P.O.C. SECTION 30-79-26 SE CORNER FNO:ALUM.DISC SECTION 30-79-26 FNO:1"PIPE 689'46'42"E 2,642.58' 81/4 CORNER SECTION 29-79-26 FNDf'IDOT CAP HICKMAN ROAD (HIGHWAY 6) LEGEND FOUND SECTION CORNER PERPETUAL EASEMENT 1.750 SD.FT. 1"=100' 100 200 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE RRV I Dl"10.00 CKRDRD AREA RRV 2 D3-12-10 DRIFTRD CDCIIIOI DCICC I 100' CHECKED RJR 04 I 03-Dl-ll SANITARY SEWER AND GAS EASEMENT IN SW 1/21 GF THE SW 1/4 SECTION 29-79-26 yEEAISTRA Ifsl IIIMAV IAIC 3000 HDRRRIR PTDARRF ttnn 000 Rnl,Rnvn 3020&fs20 F 'sfss200000 '312 225-FMI IFRIO 004320141000 fWnfs) DWB.NO. REV 2 E —6 1 OF 1 PRDJCCT RI3204