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Home My WebLink About2018-07-02-Resolutions 18-263_Stilley Sanitary Sewer - Sanitary Sewer Easement - StilleyTHE CITY OF WAUKEE,IOWA RESOLUTION 18-263 APPROVING SANITARY SEWER EASEMENT RELATED TO THE STILLEY SANITARY SEWER PROJECT [DAVID G.STILLEY AND CONNIE J.STILLEY AS TRUSTEES OF THE DAVID G.STILLEY TRUST AND CONNIE J.STILLEY TRUST] IN THE NAME AND BY THEA UTHORITY OF THE CITY OF WA UKEE,IOJYA 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 Easement is necessary for the purpose of consnuction of the Stilley Sanitary Sewer Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by David G. Stilley and Connie J.Stilley as trustees of the David G.Stilley Trust and Connie J.Stilley Trust and legally described as referenced in Exhibit A,Easement Area,of the Sanitary Sewer Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 2""day of July,2018,that it hereby approves the Sanitary Sewer Easement related to the Stilley Sanitary Sewer Project [David G.Stilley and Connie J.Stilley as nustees of the David G.Stilley Trust and Connie J.Stilley Trust]in the amount of $L00. 'liam P card,yor 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 Bill/Return to: Reeky Scituett,City of Waukee 230 W.Hickman Rd. Waukee,IA 60263 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded:07/06/2018 at 08:46:54 AitFeeAnt;627.00 Page 1 of 5DallasCountyroueChadC.Airhart RECORDERFiled-20|8 12479 pre ared hv nnd-Rear Ryan C'Nixon Cga Iarca harv Cirou p 0 1 870 NW I I Sa Slreet Suite 200 lies RIomes IA 50375 SANITARY SEWER EASEMENT KNOW 'f 0 AI.L MEN BY TI4ESE PRESENTS: The undersigned,David G,Stille and Connie J.Stille as trustees ol'the David G Stille frust andthc Connie J.Stille Trust dated October 5 1990 and an alnendments thereto as tenants in common,(hereinafter refeired to as the uGrantor(s)n),of the City of Waukee,Dallas County, 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 Easement"or "Easement")and right-of-way upon,over,under,through and across the real property legally described as: A 30.0 FOOT PRIVATE SANITARY SEWER EASEMENT,DESCRIBED AS THE SOUTH 30.0 FEET OF TIIE EAST 162.25 FEET,AS MEASURED ALONG 'fHE SOUTH LINE OF RECORD PARCEL A OF LOT 2 IN SUGAR CREEK ESTATES,AN OFFICIAL PLAT NOW INCLUDED IN AND FORMING A PART OF 'fHE CITY OF 'YAUKEE,DAI,LAS COUNTY,IOWA. A 30.0 FOOT PUBLIC SANITARY SEWER EASEMENT,DESCRIBED AS THE SOUTH 30.0 FEET (EXCEPT THE EAST 162.25 FEET AS MEASURED ALONG THE SOUTH LINE THEREOF)IN PARCEL A OF LOT 2 IN SIJGAR CREEK ESTATES,AN OFFICIAL PLAT NOW INCI,I JDFD IN AND FORMING A PART OF THE CITY OF WAUKEE,DAI.I.AS COUNTY,IOWA Which property is also described and depicted on the Exhibit attached hereto and by this reference made a part hereof as though fully set out herein. 2.Use and Pur ose of Easement. This Easement shall be granted for the purpose of locating sanitary sewer(s)(hereinafter referred to as uSevver(s)")and to permit and allow the city to enter at any time upon,over,under, Page I of 5 through,and across into said Easement 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 Sewer(s)therein or to connect and/or join Sewer(s)and appurtenances thereto)and to forever maintain Sewer(s)whenever necessary within the Easement granted herein.No structure or building of any kind whatsoever shall bc erected upon property that is the subject of this Easement without the express written consent of the City. 3.Maintenance. After the initial construction of the Sewer(s),and acceptance by the City,the City agrees, as part of the reconstruction,maintenance and patrolling of the Sewer(s),to restore and replace the Fasement area(s)to substantially the same condition as prior to the tinie 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. ~aht 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 usc 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 attoniey's fees of any kind for actions or omissions of the Grantor(s)arising out ol'or in connection with any undertaking arising out of or otherwise related to this Easement. 6.Runnin ot 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 instmment, including benefits and burdens,run with the land and are binding upon and inure to the heirs, assigns,successors,tenants inid personal representatives of the parties hereto. Page 2 of 5 7.Jurisdiction and Venue. The City and the Grantor(s)agree the District Court of the State of Iowa shaH 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. I'he term "City"as used herein shall rein to the City of Waukee,Iowa,its elected offtcials, g t,Fl I,I'll .,d t t .Fh t "G t {)"hit I t G~idG.Sdll and Connie J.Stille as trustees of the David G.Stille Trust and ihe Connie J.Siige Tmst dated October 5 l990 and an amendments thereto as tenants in common,their heirs,assigns, successors-in-interest,or lesseest if any. 10.A~It t 'I 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 incuned in such litigation. This Agreement shall constitute ihc entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both patties. 12.2~hitd The paragraph headings in this Agreement are included soleiy lor convenience and shall not affect or be used in connection with,the interpretation of this Agreement. Grantor does HEREBY COVENANT vvith the City that Grantor holds said real estate described in this Easement Area by title in fce simple;that Grantor has good and lawt'ul authority to convey the stone'I and said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the lawful claims of aH 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 Easement. Page 3 of 5 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 ~day of ,zoJ8 David G.Stille and Connie J.Stille as trustees of the David G.Stille Trust and the Connie J.Stille Trust dated October 5 1990 and antendments thereto as tenants i comm 'n (Prope Owner(s)) Ctty fly h Davi .Stilley ~d)I KLLt' Connie J.Stilley (,' ia,card,Mayor Attest:Attest: ,,gp,,7 Tim Moe6nan,City Administrator STATE OF IOWA ) )SS: COUNTY OF DALLAS ) 0 th ~3+d y f~%,2tl la,b t,th tl lp d,N t y P bll l»df'th St t f~tNpt,p»lly pp d ~ldC.Still dC l. ~Stille to me known to be thc identical persons named in and who executed the foregoing instrument,and acknowledged that they execu d the instntment as their voluntary act nd deed. REBECGtttD.SCHUETT p Cemmieeien Number 716496 My Commission Expires e»fftsy 13,303O Notary Public in and for the State of Iowa f 20,bf u~th d Nt ublic in a r the State of,personally appeared -~to 1 te known to be 3 'det1tical person(s)named in and w~hxecuted the foregoing instrument,and a knowledged that he execuul-e instrument a~his voluntary act and deed. No Public in and for the State of Iowa page 4 oig PREPARED 5'tr raaa LAtlo SUflaEYIIIE,inc.PO Eon 555 Jatrnatan,laaa SOIEI 515-Zarf —ZEST EIOIIISIT PRIVATE SAIIITART SEPIER BASEYNEITT D~RIPTI(?Ilr A BOCI FOOT PRIVATE EntaTART 5EFBP EASEPIBtT,DRNanJEEO,M Ttte SOtttH 5OO FEET Ca"'Tt&EAST 15225 FEET,Aa ~ALOITBP THE 5OIIIH LIW OF RECORD PARCEL *OF LOT 2 IN SIOAR GREEK ESTATES,AN OFFIC IAL PLAT NDFI EICLIIDED ltt AND FOtttnlfto A PAPT OP THE CITY OF INAIIKEF DIN2AE CODHTY;IOFIA ALL COHTAININ5 5542 5RIARE FEET,tnGPE OP LE55,AHD RIILIEGT TO Alta rTH EP SASEHENr5 oR REBTRIG'rloN GF REcoRD. PUBL IG SANITrtrPY SEINER E*SEI IENT IDESC IEIPTI Ctt It A 5OO I OOT RIBLIC 5ANITAP1"5EI'ER ~T,DESGRIBEO AS 1HE 52ITH EOCf FEET IEACEPn ltlE EAST f5225 FEET AS I~ED Fd GNE IHE EAllH LINE TIEREOF)IN PARI EL *OF LOT 2 Itl EVEAR CPXEYC C51ATEB Atl OFFIGIAI PLAT IIGta IIGLIIDED IH ANO POIBntttB A PART OF 1HC.C t1V OF I'IAIIKEB, DALLAS CGLN11,ICtara ALL GOIITAINIHB EBEO ESDARE FEET,NORE OP,LE55,ANO EIELEGT TO AIIV OITER EAEEftENTE OR PCETRIGTIOTI GP RECORD. 9J&AR CIRE R LANE--~an a SCYCI'PRlriATE SATTITART SEINER ErarSENIENT SCIL'PUBLIC SAIIITAR't 2-Iq Aat SCALE 1 Ml PCISS LAND POLIRVEVIN&,ftYS wwrr,roaatonrlauranTIGLLaotn PO Bnn 336 Jnhnatnn„trnrrn 50131 PHOIIB 515.2652557 Page 5 of 5