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Home My WebLink About2018-04-16-Resolutions 18-162_Waco Pl Water Main Extension - Easement - Hakeman - CorrectedTHE CITY OF WAUKEE,IOWA RESOLUTION 18-162 APPROVING WATER MAIN EASEMENT(S),CORRECTED,RELATED TO THK WACO PLACE WATER MAIN EXTENSION PROJECT [DALLAS D.HAKEMAN AND LINDA M.HAKEMAN] 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 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 Dallas D.Hakeman and Linda M.Hakeman (Resolution ¹17-573;Dallas County Book 2017 Page 25135);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 16"day of April,2018,that it hereby approves the Water Main Easement(s),Revised,related to the Waco Place Water Main Extension Project [Dallas D.Hakeman and Linda M.Hakeman]. ilham .Peard,ayor 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 IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID:007486430004 Type:EASE Recorded:04/24/2018 at 10&16&27 Art Fee Aat:$22.00 Page 1 of 4 Dallas County Iowa Chad C.Alrhart RECORDER Ft lett RK201 8 F06670 Bill/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 I're ared 6 Travis I parti veenstra e Kimnt inc 300 westo&vn pkvv west 0 Moines to&&a 80266 si 1 221-8000 WATER MAIN EASEMKNT S 'refiled to correct Book 2017 Page 25135 KNOW TO ALL MEN BY TFIESK PRESENTS: The undersigned,Dallas D FIakeman and Linda M.Hakeman husband and wife, (hereinafter referred to as the oGrantor(s)o),of the City of Waukce,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 Waukec,Iowa,a nlunicipal Corporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafter refened to as "Water Main Easemento or nEasement(s)o)and right-of-way upon,over,under,through and across the real property legally described as: That tract of land being a part of Government Lot 4 of Section 3,Township 7g North,Range 26 West of the 5"P.M.,City of Waukee,Dallas County,Iowa,as described in Warranty Deed Book 506 on Page 415 in the office of the Dallas County Recorder. Perpetual Easement The West 20.00 feet of the East 37.00 feet of the South 60.00 feet of said tract described in Book 506 on Page 415. Containing 1,200 square feet,more or less. Temporary Easement The East 37.00 feet of the South 73.00 feet of said tract described in Book 506 on Page 415, EXCEPTING THEREFROM the West 20.00 feet of the East 37.00 feet of the South 60.00 feet. Containing 1,502 square feet,more or less. Page i of 4 2.Use and Pur ose of Easement s . This Eascnsent shall be granted for the purpose of locating water main (hereinalter refened to as "Water Main")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 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 appurtenances 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 arca(s)to substantially the same condition as prior to the time of entry or as agreed upon by thc City and the Grantor(s),except the City shall not be required to replace landscaping,trees, shrubs,bushes,landscape eleinents,structures,or underground water systems nor shall the City bc 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 thc casement 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. 4.~aat PA 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 thc 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 attoriiey'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 otherwisc 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. Page 2 of 4 7.Jurisdiction 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 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 term "City"as used herein shall refer to the City of Waukee,Iowa,its clccted officials, agents,employees,oflicers,and contractors.The term HGrantor(s)H shall refer to Dallas D. llakeman and Linda M Hakeman,their heirs,assigns,successors-in-interest,or lessees,if any. 10.A~It '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. This Agreement shall constitute the entire Agreement between the patties and no atnendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12.P~hH Ch 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.~ai I P 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 Fasement. 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 tlus ~A~day of ,20~. Dallas D Hakeman and Liruta M.Hakeman chill rw t liam F.ear,Mayor Linda M,Hakeman Attest:Attest: Tim Moennan,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) On the ~re day of f ,20 /2r,before mc,thc undersigned,a Notary Public in and for the State o ,personally appeared to me known to be the identical person(s) named in and who executed the foregoing instrument,and acknowledged that (he)(she)(they) exec er)(their)untary fact an deed BETH RICHARDSON 7 Commlsskm Number rtt t73t Sty s ss ow a Notary Public in and for the State of Iowa the day of Public in and e State of ,20,before me,the undersigne otary ,personally appeared tahoe-known to be the identical person(s) named in and who executed the forego 'nsttuntetff,and acknowledged that (he)(she)(they) executed the instrument as (his)(hei+(their)vo ~ary act and deed. Notary Public in and e State of Iowa Page 4 of 4