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Home My WebLink About2014-01-21-Resolutions 14-028_Sugar Creek Trail Bridge - EasementsTHE CITY OF WAUKEE,IOWA RESOLUTION 14-028 APPROVING AND ACCEPTING PUBLIC TRAIL EASEMENT,TEMPORARY CONSTRUCTION EASEMENT [SUGAR CREEK TRAIL BRIDGE PROJECT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,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 Bridge Project;AND, WHEREAS,said easements shall be located on a portion of the property owned by Hubbell Metropolitan Development Fund I (Series E),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 Public Trail Easement,attached hereto as Exhibit A,from Hubbell Metropolitan Development Fund I (Series E),property owner within the Sugar Creek Trail Bridge Project area,with payment made by the City to the property owner in the amount of $1.00. BE IT FURTHER RESOLVED by the City of Waukee City Council that it hereby approves and accepts Temporary Construction Easement,attached hereto as Exhibit B,from Hubbell Metropolitan Development Fund I (Series E),property owner within the Sugar Creek Trail Bridge Project area,with payment made by the City to the property owner in the amount of $1.00. Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X NAY ABSENT ABSTAIN X X X X 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Sook 2014 Page 1064 Document 1084 Type EASE Peg.'5 Olte 1/.2.71a014 Tima 1 =53 PM Ree Amt $.27.013 Chad Airhart,Recordlr0.11 ••County IOWA MTG -PCRF' BKRF- 000 -O/C - 11111111111111111111111111111111111 PUBLIC TRAIL EASEJ\1ENT Recorder's Cover Sheet Preparer Information (name,address and phone number): Steve Brick Brick Gentry Law 6701 Westown Plcwy.,Ste.100 West Des Moines,IA 50266 Phone:(515)274-1450 Bill/Return Document to (name and complete address): Rebecca D.Schuett City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Phone:(515)987-4522 Legal Description:SEE EXHJBlTS Grantor:Hubbell Metropolitan Development Fund I (Series E) Grantee:City of Waukee,Iowa Book 2014 Page 1064 1 of 5 PUBLIC TRAIL EASEMENT ..•KNOW TO ALL PERSONS BY THESE PRESENTS,that the undersignedflkr""f'/.h~I),,",-/,(-j r:,.•.j I U«'o G)!-O~At 1 ~,\,II-, ---:-~-'---:-,-----::-:----,-'an Iowa ("i.'A·/).-.(hereinafter referred to as the "Grantor"),in consideration of the sum of One Doilar ($1.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowiedged,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 the "Easement")upon,over,under,through and across the real property legaily described as: SEE "PERMANENT TRAIL EASEMENT"IN 'EASEMENT EXHIBIT"ATTACHED HERETO (hereinafter referred to as the "Easement Area")for the purpose of piacement,construction,instailation,repair, replacement and maintenance of public trail/bridge infrastructure and rights of way within the Easement Area and public use/ingress/egress within the easement area in a manner that wiil permit its free and unobstructed use by the public as the City deems appropriate,in the City's sole discretion. This Easement shail be subject to the Iollowinq terms and conditions: 1.ERECTION AND PLACEMENT OF STRUCTURES,OBSTRUCTIONS,PLANTINGS OR MATERIALS PROHIBITED.Grantor shail not cause or permit the planting,erection,or placement of any obstruction, planting,material,fence or other structure,under,over,on,through,across,or within the Easement Area,without obtaining the prior written consent of the Grantee. 2.Maintenance of Easement The owner or occupant of each parcel of property upon which the Easement Area is located shall keep and preserve that portion of the Easement Area within his or her property in good repair and condition at all times,and shall not plant nor permit to grow any trees or other vegetative growth which might reasonably be expected to obstruct or impair usage of the Easement as a trail. 3.Change in Grade Prohibited.Grantor and its successors and assigns shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 4.Right of Access.The City and the public shail 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.Property To Be Restored.Upon completion of any construction,reconstruction,repair,enlargement or maintenance of any improvements in the Easement Area,the City shall restore the Easement Area in a good and workmanlike manner to a condition comparable to its condition before construction, reconstruction or alteration,including the sodding of tile grassy areas disturbed by the work and removal of all debris and equipment used by the City in connection with the work performed in the Easement Area. The City is not responsible for replacing any other thing including,but not limited to,vegetation,trees, shrubs,watering devices or any other planted,buried or other thing of any kind whatsoever erected, placed,installed or planted upon the Easement Area. Book 2014 Page 1084 2 of 5 6.Hold Harmless.The Grantor 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 dernands for liability,loss,damage,costs,expenses,or attorney's fees of any kind for actions or omissions of the Grantor arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 7.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 includinp benefits and burdens,run with the land are binding upon and inure to the heirs assigns,successors,tenants and personal representatives of the parties hereto. 8.Jurisdiction and Venue.The City and the Grantor agree the District Court ofthe StateofIowa 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. 9.Words and Phrases.Words and phrases shall be construed as in the singular or plural nurnber,and as masculine,feminine or neuter gender,according to context. 10.Attorney's Fees.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. Grantor does HEREBY COVENANT with the City that (i)Grantor holds said real estate described in this Easement Area by title in fee simple;(ii)that Grantor has good and lawful authority to convey the same;and (iii)said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the 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. Words and phrases herein,including acknowledgment hereof,shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. Signature page follows. ,2014. Book 2014 Page 1064 3 of 5 (NAME OF GRANTOR) STATE OF IOWA ) )SS. ) ATTEST: By:Y;dJJu!l,Jv~ REh=cca D.Schll2tt,City Clerk COUNTY OF DA.LLA:-5 On this IL~1ayof ~"'-11',2014,before me,the undersigned,a Notary Public in and for the State of iowa,personally app ared "<:~ie.-iyo"'1~,I(..,',to me personally known,who being f by n:e duly sworn,did say that the person is the VH/e.P"",t.-t of !-I.lI"'-"k'!-/(·~I')ah1-0~8i:~:2,,"";;t'.I~h~' L;..-'t,p l:,1"1'1,)(""G-),and that the instrument was signed on behalf of said company by authority of its L,[.(_1- I"""y~-r "J ·I..J_~·')"'lML~r;and that said person acknowledged the execution of the foregoing instrument to be f'-J I) •Ll_C (st.Qdthevoluntaryactanddeedofthecompanyandbyitvoluntarilyexecuted. ;:·,!,O,CINDY D.GRONAU ~~./~.\\:Commission Number TT791J,+&'1--'1L<:::;i\--~_",4--'-JLL--:kc..J<:..k+-!i,~:?My com,If L...".,.., STATE OF IOWAQ ) )SS. COUNTY OF .a.d?~) On this.G21Z:~of...2014,before me,the undersigned,a Nolary Public in and for the State of Iowa,pers6nally appea ed William F.Peard and R(\tCl~D·'il:.i!udrto me personally known, and who,being by me duly sworn,did say that they are the Mayor and City Gii/1c..respectively,of the City of Waukee,Iowa;that the seal affixed to the foregoing instrument is the official seal of said City,and that the instrument was signed and sealed on behalf of the City,by authority of its City Council,and that William F. Peard and ilI\1!UQ O.~\4l1lj\acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City,by it and them voluntarily executed,v.u.:.~J ~J- @;;:n and for the Slate of Iowa My Commisslon expires @tuf1i!-r/,}.6~.--- (c;)..V/7 Book 2014 Page 1064 4 of 5 EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT IWliCl, ~I<C,",.I"Qr.....,Ov <::<o<,,,.,.,.~~.....O~j"n"011,,,,,,,,,,,ilo~I",.j 1~"'li:-(lo,~,ol>l"",....Li<;,"",.r,.rnr"""'.'Dfdlo""'""f1cn,, l,..ci~"'"D".•nd'h.""","",~lnI"",."mo'",.",Ie,p,"bl",,~ .,hi,h .,j",1m",[oi!moloaor,1na...d/a.-fai""",n.,.....,.....11"01"""""."" ,..~..,(6 a"l""''''~~''',r,",.;""''''''fe''''''.a",,,",w,,",.,,,"",11,<""""".,<a~,••<I. SUGAR CREEK TRAIL EASEMENT EXHIBIT 13&ONW l1bl Slre.1 Cl"".Iowa 50325 515-964-1229 ID.51~HI6~-~370MCCLURE'"WAUKEf,IOWA 26120\2 lOjJ/201J Cor-IIIOlII, c."",,..c"<t"'.I'<,,,,'i~h!1 l&~,.,.do,-"","~.'.o'P,_,,,,,,,,,,,,dby ;'1<.1:,""(~;!.,..i""Com.......H.".,olxl.",.<ban-,=<.....a.,.;",,;., ,n~",.""",,,hO\I b.mml,..'iJb-",.d obl'''''''",.,;or_","',,""!mm "W:l""EOD""''''""Compoor. Book 2014 Page 1064 5 of 5 Cl 11.011){)N2o"56'4·j"{';>0#1 21.43 75.00 C2 20.72 100.00 NORTHo 80 L LJ (IN FEEll inch =80 fl. LEGEND PROPERlY LINE EASEMENT LINE PROPOSED TEMP.CONST. EASEMENT Afll"A PROPDSED PERMANENT mAll EASEMENT AR£A REVlIIO~6 10/3112013 121OSf2D13 CIlECjlLO ~... ORG 6XETCH HG. 04 liRA"'"BY 'D5 FJELD BooK KO. Temporary Construction Easement For and in consideration of the sum of One DOLLAR ($1.00)and other good and valuable consideration,receipt of which is hereby acknowledged,the undersigned owners (hereinafter referred to as "GRANTOR(S)")of the following described property,situated in Waukee,Da11asCounty,Iowa,to- wit: SEE "TEMPORARY CONSTRUCTION EASEMENT" IN 'EASEMENT EXHIBIT'ATTACHED HERETO hereby grant to the City of Waukee,(hereinafter referred to as the "CITY"),a temporary easement to ""._".!';_,.'1-' allow the City,its agents,contractors,and employees a right of entry in,upon,and onto the above ...h,,··,···.\",'.. described property for the purpose of hauling,transporting,and storage of materials and equipment during the construction of the following described public project: Sugar Creek Trait Bridge Project 1.It is further understoodand agreed that the City will remove a11of said materials and equipment from the above described vl'em!ses within 30 days after the above described project has been completed. 2.·Tt is further understood the Grantor(s)covenant with the City that they hold the above described property by good and marketable title,free and clear of liens,easements,aud encumbrances, except any of record,and that the Grantor(s)have a right and lawful authority to make and execute this Easement.Grantor(s)warrant and defend said Easement against the lawful claims of all persons claiming by,through or under Grantorts). Signed this -.l.f..-day of tAMely ,2014. (NAME OF GRANTOR) STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this Ji-rTH day ofJAWUA 12 1 ,2014,before me,the undersigned,a Notary Public in and for the State ofTowa,personally appeared Je P,'o!YvOzI'"J (G,',to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that they executed the instrument as their voluntary act and deed. NOTARYP My Commission expire. Certification by the City of Waukee,Iowa I,JIt!?eccoD·,.h..t,City Atlffi;'llistrat01~Clerkof the City of Waukee,Iowa,do hereby certify that'5GW 1-\£t,1\ the acquisition of the foregoing Temporary Construction Easement,was duly authorized by the City Council of the City of Waukee,and this certificate is made pursuant to authority of said City Council. Signedthis~dayof T4l1iJaf\( City of Waukee,Iowa ,2014, By L/?ltrM4 t?Jdu4Jd= REtEcca D.&:huett,City Clerk 1 b"',o~'I JIt\.'~61'''~.,\"S~?6'",,'J:~':''".'"<00~l~<."'\-;:;:00:f~~~·0~jt,\,\'\'"'\<>:~'\'\'\'\'\'SI~"'\'\'\": ",'"<,'\"""j,...,.",\".""",' gj~'J-.'\-,-,-,~s,;i{j'\~'\'\~;l,\~'\'\'J0 .'\'\'\'\~ P.O.",-"".~'."."'''.~,'(PERM.TRAIL EASE .:...."'.~<."'.-,-,--.;;;'\,\~'\'iJ LO~~~DNlS\OI'l ~oWOO"W ~O~. SP'{GL~SS JP.O.C PERM.TRAIL EASE . P,O.B . TEMP.CONST.E~SE SE'LY COR,OUTLoT X I SPYGLASS SUBDIVISION FND J.P.W/CAP #5301 -- PERMANENT TRAIL EASEMENT -- EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT / Line Table UM#Dircdion length-.-'-- L1 tJO'n'13-E 5"D.aS L2 N32"S2'5o\"e 144.9a L3 N21'OO'J4"e 66.67 Curva Tabla Curve #Langlh Radius neue cna 8 ",," Cl 21..43 75.00 16.3735 N41'04'11"e 21.36 C2 20.n 100.00 11.8700 N2S'S6'44"e 20.l!8 NOTICE,""'0"..,fngt"",n""CDrnf-o",,,,,,,,,,-""l'0,'I<I,,~",,,,,,,,,,i~1itf'..I I..bnit,[0'I'f"hl<m.,,'"ell.oualr"",rd.-.'"Id",,-WE F"",,,,,, 5peo""lirn~on""od "'"""li •..oollm",lIlb''''''''a:<,6'1m flO"'''''' "hr,~"0"r,o",lo,r....lon1m!.oodlar rolkoHl\>;""'liow.R"IJo"",,~~!, ,",~gd '""Of ...-or<.""""io"""I,oo"""'"",,,,"0",1>;;,",..,or ","m ... ,,~iolJ~r."lteBod. SUGAR CREEK TRAIL EASEMENT EXHIBIT WAUKEE',IOWA 26\2012 lO/JnOIJ NORTH0 80 I I I (IN fEET) 1 inch =80 ft. LEGEND ..-•--PROPERTY UNE -•-•-EASEMENT LINEr::::-'''":,,,""""'J PROPOSED ".""'".•IDIP.CONST_~.-..2:::::,.~EASEMENT AREA ~ >.."7';J PROPOSED.,/'<-.)(.PERMANENT TRAILLX.),//~EASEMENT ARtA ln~:: MCC LURE'" ENGINEERING CO, building strong communities. 1360 NW 12101SI,eal Clivu.lm>'lI50J25 515_?M_1229 J<n<515_?M_2310 COF'fRl(lm: CaP(lli~1 and p,op'rrr n~h";n1ft",.d""""""",,,_dJ """,,,.d by Io'.<CI.,,"~I",«ing Coo1""nr.No ",-",nd"~.<hng",.",«>pi",inoo"'"0"'''''.1...:1 b.",ode ..)k"","hl"joJn-~,<fur"'......m="""'" Io'.<CI"f<f"9Jn ...l.....Carn"""". -~'10/31/2013 12/05/2013 DRA_IlY PDS Cftl;:euD IlV DRO FEll>1100II:110. 04