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Home My WebLink About2018-12-03-Resolutions 18-498_NW Area Water Main Extension Phase 2 - Easement - KoetheTHE CITY OF WAUKEE,IOWA RESOLUTION 18-498 APPROVING GAS MAIN EASEMENT(S)FOR THE NORTHWEST AREA WATER MAIN EXTENSION PHASE 2 PROJECT [LEMAR A.KOETHE] 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 Gas Main Easement is necessary for the purpose of construction of the Northwest Area Water Main Extension Phase 2 Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by LeMar A. Koethe and legally described as referenced in Exhibit A,Easement Area,of the Gas Main Easement(s)which is attached hereto. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 3'day of December,2018,that it hereby approves the Gas Main Easement(s)for the Northwest Area Water Main Extension Phase 2 Project [LeMar A.Koethe]in the amo .0. Attest: aries Bottenberg,Mayor Pro Tem 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 X NAY ABSENT ABSTAIN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded;12/17/2018 at 10:41:30 ARFeeAnt:$27.00 Page 1 of 5Dallascountyroue Chad 0 Airhart RECORDERFlied RK2018 -23344 Bill/Return to: Becky 5chuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Pre ared hy Trayis I I'aul Vccnstra tt Kimm inc 3000 Wcsrunn Plsm tycst Des Moines iona 50266 514 225-8000 GAS MAIN EASEMENT S KNOW TO ALL MEN BY THESE PRESENTS: The undersigned,LeMar A.Koethe (hereinafter refened to as the oGrantor(s)").of the City of Waukee,Dallas 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 v hich 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 nGas Main L'asement" or nEasmnent(s)")and right-of-way upon,over,under.through and across the real property legally described as: The Southv est I/4 of thc Southwest I/4 of Section 32,Township 79 North,Range 26 West of the 5'"P.M.,City of Waukee,Dallas County,Iowa. Perpetual Easement Said perpetual easement being more particularly described as follov:s: The North 20.00 feet of the South 80.00 feet of said Southwest I/4 of the Southwest I/4 of Section 32,EXCEPTING the West 50.00 I'eet thereof. Containing 25,430 square feet,more or less. 2.Use and Pu ose of Easement s . This Easement shall be granted for the purpose of locating gas main (hereinafter rcfened to as nGas Main")and to pcmlit 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 thc surface and sub-surface thereof to construct.replace,locate,rebuild,enlarge,reconstruct,patrol.repair (including the right to place and build additional Gas Main thcrcin or to connect and/or join the Gas Main and appurttulances thereto)and to forever maintain the Gas Main v.henever 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 lsasement without the express written consent of the City. Pa et old Maintcnancc. Al'ter the initial construction ol'the Gas Main,and acceptance by the City,the City agrees.as part of the reconstruction.maintenance and patrolling ol the Gas 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, shrubs,bushes,landscape elements.structures,or undergrouncl gas systems nor shall the City be required to restore the Easenient area by reason of settlemettt,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 Crrantor(s)'sole expense. 4.~Mht fA The City shall have the rig(it 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 liniited 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 Easemcnt are binding upon the Grantor including,but not limited to,futiue 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. 7.Jurisdiction and Venue. The City and the Grantor(s)agree the District Court ol'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 thc person being in Dallas County,Iowa. 8.Words and Plirases. Words and phrases shall be construed as in the singular or plural number.and as masculine, feminine or neuter gender,according to context. Pa e2of4 9.Parties. The term "City"as used herein shall refer to the City of Wtnikee,iowa,its elected officials, agents,employees,officers,and contractors.The tenn PGrantor(si"shall refer to l.eMar A. Koethe,their heirs,assigns,successors-in-interest.or lessees,if any. 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. 11.1~1U» This Agreement shall constitute the entire Agreement between the parties and no ainendments or additions to this Agrccmcnt shall be binding unless in writing and signed by both parties. 12.~PI II di The paragraph headings in this Agreement are included solely for convenience and shall not affect or bc used in connection with,the inttnpretation of this Agreement. (irantor does l (EREBY COVENANT with the City that (irantor holds said real estate described in this Easemcm Arcs by title in fee simple;that Grantor has good and lawful authority to convey thc 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 dovPer,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 3 of 4 D t dtl .~ta d y f c)&m,4:r LeMar A.Koethe Citv of Waukee Anest:Attest: (jg@f,f= Ti n Mocrman,City Administrator STATID OF'IOWA ) )SS: COUNTY OF DALLAS ) 0 tl ~(d y f~kl~'W t,20~8.2 f *t,ll d if d,N t Public in and for the State of Icy cw~,personally appeared ifVEcf Ct&-d t'c-t to me known to be the identical person(s)named in and who executed the foregoing instrument,and acknowledged that (he)(she)(thcy)executed the instrument as (his)(her)(their)voluntary act and deed. Notaiy ublic in and for the State of Iowa 8"-MC":CCA"0 'yl'lla loo idoolt I'f 254ir5 i:,v comfit aaioo Egolfoa Ol'.Ceolsel'S,to~I Page 4 of 4 PREPARED BY.YEENSIRA 6 KIMM,INC.—5000 WESTOKN PARKWAY —IKES1 OES MOINES,IOWA 50266-I320 —{515)225-800D RETURN Ttt YEENSTRA B KAID,INC.—300D YESTOWN PARKWAY —REST DES MOINES,IOWA 50266-1320 -{515)225-8IKI WNER: LEMAR A.KDETHIE BEING CONVEYED TO THE CITY OF WAUKEE,IA PHYSICAL ADDRESS: EASEMENT DRA){II{{ING PARCEL NOU FOR GAS MAIN 1232300003 OOK 2004 PAGE20067 OOK 2004 PAGE20068 Wl/4 CORNER SEC 32-79-26 FND:5/8"PIPE y ce (n I W 00 u VI UI f'u NORTH 20.00' SOUTH 80.00' SW CORNER SEC 32-79 —26 FND:5/8 "REBAR EASEMENT FOR PUBUC HIGHWAY BK652 PG18 300th STREET {UNIVERSITY AVENUE) 1321 64' N89'53'07"W 2643.28' 91/4 CORNER SEC 32-79-26 FND:5/8"REBAR LEGEND SECTION CORNER MONUMENT FOUND {AS NOTED) PERPETUAL EASEMENT 25,430 SO.FT. GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 0 1 200 l 1008=2008 NW AREA WATER MAIN EX1ENSIGN VEENSTRA 8 KIMM,INC. 3000 YIESTOWW PARNWAY WEST 055 HOMES,10WA 50266-1320 515-225-8000 Rev 8 ExH{en E 'I 0 SHEET I OF I