HomeMy WebLinkAbout2013-08-05-Resolutions 13-204_Sugar Creek Trail - EasementsTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-0161.1
APPROVING AND ACCEPTING STORM SEWER AND SURFACE WATER
FLOWAGE EASEMENT(S)AND TEMPORARY CONSTRUCTION EASEMENTS
RELATED TO THE SUGAR CREEK TRAIL PROJECT (ST.BONIFACE CATHOLIC
CHURCH)
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal
Organization;AND,
WHEREAS,it has been determined that certain easements are necessary for the purpose of
construction of the Sugar Creek Trail Project;AND,
WHEREAS,said easements shall be located on a portion of the property owned by St.Boniface
Catholic Church,and legally described as noted in the easement agreements.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that it hereby
approves and accepts Storm Sewer and Surface Water Flowage Easement(s),attached hereto as
Exhibit AA,from St.Boniface Catholic Church,property owner within the Sugar Creek Trail
Project,with payment made by the City to the property owner in the amount of$l.OO.
BE IT FURTHER RESOLVED by the City of Waukee City Council that it hereby approves
and accepts Temporary Construction Easements,attached hereto as Exhibit BB,from St.
Boniface Catholic Church,property owner within the Sugar Creek Trail Proj ect,with payment
made by the City to the property owner in the amount of $1.00.
Passed by the City Council of the City of Waukee,Iowa,and approved the 5th day of August,
2013.
Attest:
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
C.Isaiah McGee
Mike Watts
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0°STORM SEWER AND SURFACE WATER FLOWAGE EASE1I'illNT(S)
KNOW TO ALL lI'illN BY THESE PRESENTS:
1.Grant of Easementfa).
The undersigned,St.Boniface Church of Waukee,(hereinafter referred to as "Grantorfs)")
owner(s)and/or developer(s)of the following property legally described as:
Parcel A located in Government Lots 2 &3 in Section 5,Township 78 North,
Range 26 West of the 5th P.M.,City of Waukee,Iowa recorded in Book 2000,
Page 582,except that part of said Parcel A as described in a Warranty Deed
recorded in Book 2008,Page 11525 and in a Warranty Deed recorded in Book
2011.Page 14730.Said land is subject to easements and restrictions of record.
In consideration of the sum of One Dollar ($1.00)and other good and valuable
consideration,the receipt and sufficiency of which is hereby acknowledged,Grantor 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 for Storm Sewer and Surface Water Flowage
and right-of-way upon,over.under,through and across the real property legally described as:
A Permanent Storm Sewer and Surface Water Flowage Easement across that part
of Parcel A,Plat of Survey,Book 2000,Page 582,in the Recorder's Office of
Dallas County,Iowa described as follows:
Commencing at the southwest corner of said Parcel A;thence along the west line
of said Parcel A NOO"25'51 "E,106.51 feet to the Point of Beginning;thence along
said west line NOoo25'5111E,15.69 feet;thence S72°31'57"E,17.15 feet;thence
SI7"28'03"W,15.00 feet;thence N72"31'57"W,12.55 feet to the Point of
Beginning.Described easement is subject to easements and restrictions of record.
SEE EXHIBIT "A",ATTACHED HERETO AND MADE A PART HEREOF.
2,Use and Purpose of Easemcnt(s ),
This Easement shall be granted for the purpose of locating and maintaining Stann Sewer
and surface water flowage over and across the easement area and which permits and allows the City
to enter at any time upon and into said Easement are described herein,to install.patrol,police and
maintain said Easement and to use as much of the surface and sub-surface thereof to construct,
replace,locate,rebuild,enlarge,reconstruct,patrol,repair and to forever maintain Storm Sewer and
Surface water flowage within said easement whenever necessary,in the City's sole discretion,
Grantor shall not erect,construct or allow any structure or building of any kind whatsoever within
the Easement without the express written consent of the City,
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3.Maintenance.
The property on which this easement is being granted is currently undeveloped and the
easement area is not being maintained,The City will be responsible for maintenance of the
easement area until the property is developed.
In the future,in the event a new or amended site plan is submitted which includes the
property on which the easement is situated,the Grantorfs),their successors and assigns covenant
and agree to keep and maintain the grading and elevations of said Easementts),and any other
repairs or maintenance that may be nece-ssary,including but not limited to,mowing and
trimming and keep and maintain the Easement(s)free and clear of bushes,brush,trees,trash,
debris,weeds,undergrowth,objects,structures,fences,landscape elements,dirr fill,other
obstructions,or affect grades in a manner which may interfere,obstruct,impede the flow of
water or affect required detention basin volumes in the Easement areas in a manner acceptable to
the City.
The nature and purpose of this easement require for the free flow of water under,over
and across the easement area and in the event that the City undertakes any work in the easement
area the City shan not be required to replace landscaping,trees,shrubs,bushes,landscape
elements,structures or underground water systems.In the event that the City undertakes any
work in the easement area,it "Willrestore the disturbed areas grade and grass/ground vegetation.
4.Riliht of Access.
The City shall have the right of access to the Easement Area and have all rights of ingress
and egre-ss 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.Such right of access is limited to the most
direct route to the easement area along the north and west boundary lines of the Grantor's
property and the City is not permitted to traverse over any of the Grantor's parking lot.
5.Hold Harmless.
The Grantor(s),subsequent property owners their successors and assigns 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 act or omission of Grantor(s)its agents,
employees,officers,representatives or contractors,arising out of or otherwise related to this
Easement.
The City agrees to indemnify and hold harmless the Grantorfs),its employees,officers,
agents,representatives,contractors,and attorneys from and against any and all claims or
demands fOT liability,loss,damage,costs,expenses,or attorney's fees of any kind for actions or
omissions of the City arising out of or in connection with any act or omission of City,its agents,
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employees,officers,representatives or contractors,arising out of or otherwise related to its
activities under this Easement.
6.Running 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.
7.Jurisdiction and Venue.
TIle City and the Grantor(s)agree that the District Court in and for the State of Iowa shall
have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions
of this Easementfs),and said parties shall consent to the jurisdiction of the persons and the
subject matter being in Dallas County,Iowa.
8.Words and Phrases.
Words and phrases herein shall be construed as in the singular or plural number,and as
masculine,feminine,or neuter gender,according to the context.
9.Parties.
The term "City"as used herein shall refer to the City of Waukee,Iowa,its elected
officials,agents,employees,officers,and contractors.The term "Grantor(s)"shall refer to St.
Boniface Church of Waukee.their heirs,assigns,successors-in-interest,or lessees,if any.
1 O.Integration.
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.
11.ParagraphHeadings.
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.
Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described
in tins Easement Area by title in fee simple;that Grantor has good and lawful authority to
convey the same;and said Grantor covenants to WARRANT A.l\,TDDEFEND 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
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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.
Dated this _"_5_··_t1_·'_day of ;)L"'Gt 2013.~--"'=.::..:+,-----,.
Sf.Boniface Church of Waukee Citv of Waukee
Attest:Attest
STATE OF IOWA )
)SS:
COUNTY OF DALLAS )
On this 2.si£'dayof TtL~1-2013,before me,the undersigned,a Notary Public
in and tor the State of Iowa}personally appeared-Vfvn:.p fQ_~J-1,k.:andD:hr~."1r)t<:n:-etf,'",tom~perso~~Mykn~)\'ifn",who being by me duly sworn,did say that the
person is the~!C.ffb.r'{Itm~W;~Uld OrT[[j!'pUi7:::-iiqt;;t of St.Boniface Church of Waukee,an IowaNon~P:rofitCorpo·ratIon,and that .the instrument·~signed on behalf of said corporation by
authority of its Board of Directors;and that said person acknowledged the execution of the
foregoing instrument to be the voluntary act and deed of the corporation and by it voluntarily
executed.
My Commission expires
tjj.'<_JAMES.L.BERGKMl..Po.JR.~.'~CommissionNum00r1-88831
•'My "'r.miSS!J9r~"OWl<-/...J _
Page 4 of5 Book 212113 Page 14756
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STATE OF IOWA )
)SS
COUNTY OF DALLAS )
On this.k-day of ~~+,2013,before me,the undersigned,a
Notary Public in and for said Count and State personally appeared William Peard and Beck)'
Schuett to me personally known.who being by me duly sworn,did say that they are the Mayor
and City Clerk 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.
i,·RESEC¢ASw\TeR&1:Commission Number 751092
•..;My Commission ExpIres,~February 7,1014
Notarv Public in and for the State of Iowa
My Commission expires ;:/7 let
I /
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EASEMENT EXHIBIT 'A'
EASEMENT AREA
S72°31'57"E
.r :17.15'
60;
N00025'51"E
15.69'
w
S1r28'03"W----15.00'
\__N72°31'57"W
12.55'
P.o.C
SW CORNER PARCEL A
FOUND IRON PIN
W/CRACKED
PLASTIC CAP
SOUTH LINE OF PARCEL "A"
LEGAL DESCRIPTION
A Permanent Storm Sewer Easement across that part of Parcel A,Plat of
Survey,Book 2000,Page 582,in the Recorders Office of Dallas County,Iowa
described as follows:
Commencing at the southwest corner of said Parcel A;thence along the west
line of said Parcel A NOO"25'51 "E,106.51 feet to the Point of Beginning;thence
along said west line NOO"25'51"E,15.69 feet;thence Sn"31'57"E,17.15 feet;
thence S17"28'03"W,15.00 feet;thence Nn"31'57"W,12.55 feet to the Point of
Beginning.Described easement is subject to easements and restrictions of
record.
oi
NORTH
(iN FEtT)
1 inch =60 ft.
'iEGENDli---Pf,oPERTY !.JNE !]
~---scenes UNE
-.---RCWUNE
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SUGAR CREEK TRAILEASEMENTEXHIBIT
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KNOW ALL MEN BY THESE PRESENTS:
That we,the undersigned,St.Boniface Church of Waukee,hereinafter referred to as
"Grantor",in consideration ofthe sum of One Dollar ($1,00),and other valuable consideration,
in hand paid by the City of Waukee,Iowa,receipt of which is hereby acknowledged,do hereby
sell,grant and convey unto the City of Waukee,Iowa,a municipal corporation,in the County of
Dallas,State of Iowa,hereinafter referred to as "Grantee",a temporary construction easement
under,through,and across the following described real estate:
See Attached Exhibits "A"and "B"("Easement Area")
That the above-described easement is granted unto the City of Waukee,Iowa,for the
purpose of construction and installation of the following public improvements:
CONSTRUCTION OF SUGAR CREEK TRAIL PROJECT
This temporary construction easement shall terminate and be of no force and effect one
(1)year after the date of Dna!completion and acceptance of said completed improvements by the
City,
The Grantee agrees to restore the Easement Area to a condition after construction
substantially the same as prior to entry by the Grantee,except for any grading and above ground
improvements which shall remain in place as part of the improvement.The surface of the
Easement Area will be seeded or sodded and/or left in its natura!state as shown on the proposed
plans for tbe proj ect.
The Grantor agrees that the improvements proposed herein,and the reasonable
restoration of their property,as set forth in this easement aforesaid,shall he full and complete
satisfaction and consideration of and for this easement,ancl Grantor expresses agreement that no
I
Book 2013 Page 14757
1 of 4
other liability shall attach or be charged or claimed against the Grantee as a result of or because
of the construction of the improvement intended,or the use of the easement herein granted.
The Grantee will indemnify and hold harmless Grantor from any and all damages,
injuries,or losses arising out of Grantee's use of the easement or the work done in connection
therewith.
The Grantor does hereby covenant with the said Grantee,and successor-in-interest,that
said Grantor holds said real estate by title and fee simple;has good and lawful authority to sell
and convey the same;that said premises are free and clear of all liens and encumbrances
whatsoever,except as may be herein stated;that said Grantor covenants to warrant and defend
the said premises against the lawful claims of all persons whomsoever,except as may be herein
stated.
"floINWITNESSWHEREOF,we have hereunto affixed our hands this ~day of__--==J",.".d.Lf ,2013.~-----
'7
STATE OF IOWA )
)ss,
COUNTY OF DALLAS )
On this 2<;t!'dayof J uM.!,2013,before me,thoundersigned,a Notary Public
in and for the State ofIowa,'personally appeared ViVtce f(!JSQHh:,to me personally
known,who being by me duly sworn,did say that the person is the _.of St.
Boniface Church of Waukee,an Iowa Non-profit Corporation,and that the instrument was
signed on behalf of said corporation by authority of its Board of Directors;and that said person
acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the
corporation and by it voluntarily executed.
r~.f)-(,
~~iit~c0ang;;~j~~i~~I~
My Commission expires:?~Z f ::1·":>
2
Book 2013 Page 147572of4
EASEMENT EXHIBIT 'A'
P,O.C
NORTHWEST CORNER PARCEL "A"
FOUNOW'IRON PIN W/OAP ~12106
NorHH 1I11EOFPARCEL 'II'?..
~.~~.'g (6 ~;j'U~DIRON PIN 1/;"EASEMENT AREA
(j)W/CAP #18378 N89'42'47"W 314.68'........-.'-"/////77"7,./,,?,::/7/r-/77'1/7/7,-/,'7,.•1 .,-
SOO'25'51"W _.I L/~/.~//.:i/L /u/';/./-:././L/.//L::.J\
25.00'S89'42'47"E 314.75'\NOO'17'13"E'--25,00'
LE_GAL DESCRIPTION
A Temporary Construction Easement across that part of Parcel A,Plat of
Survey,Book 2000,Page 582,In the Recorder's Office of Dallas County,Iowa
described as follows:
Commencing at the northwest corner of said Parcel A:iheace along the west
line of said Parcel A SOO'25'51"W,60.38 feet to the Point of Beginning:thence
along said west line SOO'25'51 "W,25,00 feet;thence S89'42'47"E,314.75 feet:
thence NOO'17'13"E,25.00 feet:thence N89'42'47"W,314,68 feet to the Point
of Beginning.Described easement Is subject to easements and restrictions of
record.
NORTH
LEGEND
SUGAR CREEK TRAILEASEMENTEXHIBIT
~•,~,,-~PROPERTY UHf
----SECTION UNE
-.--,.-...,•---ROW UNE
177/7'l
///PROPOSEDVL-J:j EASEMENT AREA
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_~KI'IlIV"'W
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2.111'2012
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Book 2013 Page 14757
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EASEMENT EXHIBIT 'B'
P.O,C
SW CORNER PARCEL A
FOUND IRON PIN
W/CRACKED
PLASTIC CAP
LEGAL DESCRIPTION
A 30 foot Temporary Construction Easement across that part of Parcel A in
Section 5,Township 78 North,Range 26 West of the 5th P.M.,City of Waukee
Dallas County,iowa being more particularly described as follows:
Commencing at the southwest corner of said Parcel A;thence along the west
line of said Parcel A NOO'25'51"E,171.96 feet to the Point Of Beginning;thence
along said line NOO'25'51"E,175.00 feet;thence S89'34'09"E,30.00 feet;
thence 800'25'51 "w,175.00 feet;thence N89"34'09"W,30.00 feet to the Point
Of Beginning.Said easement is subject to easements and restrictions of record.
o NORTH 70t:::L __J
(IN FEET)
Inch ""70 ft.
LEGEND
••-,,PROPERTY LINE
--~,-,...,~.~SECTION LINE
~-..~'-~ROWUNEI/"//7'1PRapaSEaL!L---J:j EASEMENT AREA
SUGAR CREEK TRAIL
TEMPORARY CONSTRUCTION
EASEMENT
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