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Home My WebLink About2018-04-02-Resolutions 18-143_Waco Pl Water Main Extension - Corrected Easement - VogelTHE CITY OF WAUKEE,IOWA RESOLUTION 18-143 APPROVING WATER MAIN EASEMENT(S),CORRECTED,RELATED TO THE WACO PLACE WATER MAIN EXTENSION PROJECT [RICHARD JAMES VOGEL AND CAROL LYON VOGEL] IN THE NAME AND BY THE A UTHOMTY OF THE CITY OF 8'A UKEE,IO JYA 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 Waco Place Water Main Extension Project;AND, WHEREAS,on December 18,2017,the Waukee City Council approved Water Main Easement(s)from Richard James Vogel and Carol Lyon Vogel (Resolution tt17-574;Dallas County Book 2017 Page 25136);AND, WHEREAS,the approved easement did not include language agreed upon between the City and property owner(s)regarding the accommodation of a commercial-width driveway entrance at the time of Waco Place street widening;AND, WHEREAS,a corrected Water Main Easement(s)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 Water Main Easement(s),Revised,related to the Waco Place Water Main Extension Project [Richard James Vogel and Car 1 Lyon Vogel]. W iamF.rd,M or 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN Doc ID:007486420004 Type:EASERecorded:04/24/2018 at 10:16:07 Ar1FeeAmt:$22.00 Page 1 of 4DallasCountyroue Chad C.Airhart RECORDERFilee 8K 2018 F06669 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 pre ared bv Travis J paul Vecnstra &Kimm Inc 3000 Westorvn pk«v West Dcs Moines lorva 3026fr «1 «22 DS060 WATER MAIN EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: 'refiled lo correct Book 2017 Page 25136 The undersigned,Richard James Vo el and Carol L on Vo el husband and wife, (hereinafter referred to as the uGrantor(s)u),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of One and 00/100 Dollars $100 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 refen.ed to as "Water Main Easement"or uEasement(s)e)and right-of-way upon,over,under,through and across the real property legally described as: That tract of land being a part of Govermnent Lot 4 of Section 3,Township 78 North,Range 26 West of the 5'"P.M.,City of Waukee,Dallas County,Iowa,as described in Warranty Deed Book 2012 on Page 21071 in the office of the Dallas County Recorder. Perpetual Easement The West 20.00 feet of the East 37.00 feet of said tract described in Book 2012 on Page 21071. Containing 2,880 square feet,more or less. Temporary Easement The East 17.00 feet of said tract described in Book 2012 on Page 21071. Containing 2,449 square feet,more or less. Page i of4 2.Use and Pur ose of Easement s . This Easement shall be granted for the purpose of locating water main (hereinafter referred to as "Water Main")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 apputsenances thereto)and to forever maintain the Water Main 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 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 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 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,sluubs,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 thc Grantor(s)'sole expense. 4.~IU ht.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 iuiauthorized 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 parties hereto. Pa e2of4 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 temis 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 tertn "City"as used herein shall refer to the City of Waukee,Iowa,its elected officials, agents,employees,officers,and contractors.The term AGrantor(s)A shall refer to Richard James Vo Pel and Carol L on Vo el,their heirs,assigns,successors-in-interest,or lessees,if any. 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. 11.~tt t 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. 12.Para ra h Headin 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. 13.F~IP The City of Waukee will accommodate commercial width driveway entrance at the time of Waco Place street widening. 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. Page 3 of 4 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. Dated this f l~l day of ,20 l8 Richard James Vo el and Carol L on Vo el ~Ci fW k Rictta -ames Vogel llliam F.P ard,a or Carol Lyon Vo l Attest:Attest: Tim Moe tan,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) On the l (@ day of Bkf/4I,20 /8,before me,the undersigned,aNotary Public in and for the State of ~~,personally appeared t(4(1'YJP'L(gf fh Y6 j &(i(l Qt(l(@Pl to me known to be the identical person(s) named in and who e ecuted the foreg in~instr ment,and acknowledged that (he)(she)(they) executed the instrument as (his)(her)their oluntary act and deed. REBEGCAO.SCHUETT E %Gammlsslan Number 716496 My Gammlsslan aspires Msy 13,3D3D (-(A.AA t ~(. Notary Public in and for the State of Iowa e day of Public in and for tate of ,20,before me,the undersi t~t,a Notary ,personally appeared to me known to be the identical person(s) named in and who executed the foregoil g4 ment,and acknowledged that (he)(she)(they) executed the instnunent as (his (their)volun ct and deed. Notary Public in and for the te of Iowa Page 4 of 4