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Home My WebLink About2014-05-19-Resolutions 14-123_LA Grant Pkwy Improvements - Sanitary Sewer EasementTHE CITY OF WAUKEE,lOW A RESOLUTION 14-123 APPROVING AND ACCEPTING PUBLIC SANlTARY SEWER EASEMENT [SE LA GRANT PARKWAY PROJECT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State onawa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that a certain easement is necessary for the purpose of construction ofthc SE LA Grant Parkway Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Waukee Community School District,and legally described as noted in the easement agreements. NO\V THEREFORE BE IT RESOLVED by the City of Waukee City Council that it hereby approves and accepts Public Sanitary Sewer Easement attached hereto as Exhibit A,from Waukee Community School District,property owner within the SE LA Grant Parkway Project area. Passed by the City Council of the City of Waukee,Iowa,and approved the 1 t day of May, 2014. Attest: t1JA1Utd1l ~ Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X NAY ABSENT ABSTAlN x X X X 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Book 2014 Page 608B Docum.nt aeee Tl.lp.EASE Pages '7Dele5/22/2014 Time 8:37 AM Rec Ami $37.1111 MTG_ PCRf~ BKRF- Child Airhart.R•.,order ODD- Dallu Ccurill.l IO~A D/C .... 1Jlllllllllllilim 1111111111111111 PUBLIC SANITARY SEWER ll:ASEMENT Recorder's Covel'Sheet Preparer Information:(name,address and phone number) Brad Deets City of Waukee,Iowa 230 W.Hickman Road Waukee,Iowa 50263 (515)978-7899 Return Document To:(name and complete address)~~t\City of Waukee,Iowa 1~--Rebecca Schuett,Deputy City Clerk V)\.230W.Hickman Road Waukee,Iowa 50263 Grantor:Waukee Community School District Grantee:City of Waukee,Iowa Book 2014 Page 6088 1 of 7 SANITARY SEWER EASEMENT KNOW TO ALL PERSONS BY THESE PRESENTS: 1.Grant ofEascment(s). That the undersigned,Waukee Community School District,(hereinafter referred to as the "Grantor"),in consideration of the sum of One Dollar ($1.00)and other good and valuable consideration,in hand paid by the City of Waukee,Iowa,receipt and sufficiency of which is hereby acknowledged,does hereby sell,grant,and convey to the CITY OF WAUKEE,IOWA,a municipal corporation,in the County of Dallas,State of Iowa,(hereinafter referred to as "Grantee"or "City"),a permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer Easement"or "Easemenua)")and rlght-of-wayupon,over,under,through and across the real property legally described as: SEE EXHIBIT "A"ATTACHED H~RF.TO (hereinafter referred to as the "Easement Area") 2,Use and Pumose ofTIasementCs), This Easement shall be granted for the purpm:e of locating sanitary aewcrta) (hereinafter referred to as "Scwena)")and to permit and allow the City to enter at any time upon,over,under,through,and across into said Easemenus)herein described to usc 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 Sewerts)therein or to connect and/or join Sewer(s)and appurtenances thereto)and to forever maintain Sewer(s)whenever necessary within the Eascment(s)granted herein, Book 2014 Page 6088 2 of 7 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 ofthc 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 ofthc Sewer(s),to restore and replace the Easement arcata)to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor,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 settlementdepression,or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area;and subsequent restoration by reason of settlement,depression or any unknown conditions shall be the sale responsibility of the Grantor at the Grantor's sale expense. 4.Right of Access. Thc City shall have the right of access to the Easement Area and have all lights of in/:,'TCSS 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 01'erected in the Easement Area. 5.Hold Harmless. The Grantor agree"to indemnify and hold harmless the City,its elected officials, employees,officers,agents,representatives,contractors,and attorneys from and against any and all claims 01'demands 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. 6.RUillling ofBenef'its 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 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 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. Book 2014 Page 60883of7 8.Words and Phrases. Words and phrases shan 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 elected officials,agents,employees,officers,and contractors.The term "Grantor"shall refer to Waukee Community School District,their heirs,assigns,successors-in-interest,or lessees,if any. 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. 11.Integration. This Agreement shall constitute the entire Agreement between the parties and no amendments 01'additions to this Agreement shall be binding unless in writing and signed by both parties. 12.Paragraph Headings. 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 (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 lights 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 ill the singular or plural number,and as masculine or feminine gender,according to the context. Signed this ~day of fl~urC ,2013. WAUKEE COMMUNITY SCHOOL DISTRICT Book 2014 Page 6088 4 of 7 Attest: ~£fJtlM!d Rebecca D.Schuett City Clerk STATE OF IOWA ) )SS COUNTY OF ) On this 2.?dayof A-~,20/3 .before me,the undersigned, a Notary Public in and for said COUll and the State of Iowa,personally appeared Sys,a.,...,Sun z..,to me personally known,who being by me duly sworn,did say that that person is BCJ<1d Presl&-<!~d:of Waukee Community School District, and that the instrument was signed on behalf of the corporation by authority of its Board of Directors;that said person acknowledged the execution of the instrument to IJC the voluntary act and deed of the corporation,by it and by him voluntarily executed. ~-k-l)_~ Notary Public i11bd for the State of Iowa iJ"l",MARSHA D.JACOBSONr1Commlss!on Number 176435MYClmm'SB,on r=vnlrasow_o-{z...lS'_ Book 2014 Pago 6088 5 of 7 STATE OF IOWA ) )SS COUNTYOFDALLAS ) On this .Jd./"(hyof tlf\OM 20LL,before me,the undersigned, a Notary Public in and for said Coun and the Slate ofIawa,personally appeared William F.Peard and Rebecca D.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. (A~\~"uJCVcr Notary Vuhlic;n and for the State ofIawa .~,- i~\\ ::~~. Book 2014 Page 6088 6 of 7 (J)m );: ~§";g2~-G)0eeZ offlo::J: ~wiJi ~il~1~ 0"!a"'tlIT1~Z••~ID;:oowwee ---lzrO>:::U :;;e ~~il~~~ o~O(l}Ul~;;0~".@~~~~~~1g~:tI W::=m "<0 00~";UZ£~1~C~Azo=E°.~;U-l~fgW~,~,.~g)jo:i!'-lIT1<fTl-'ll~ »0:<':"'ll!0-O1:EO::~'"~~i~l':c:~i9lUl»fTlC 0'"•~ og ",c m I"~;>E~'~~~~~i~"•"fli 0 -l'"(1"'1 ~;~oe~Ridii~~I.~0 ~()o::E 0z~"~>!Z!:tI~ I';l(;jl;;;-oNoe§;:o,,e~,15 ;u~"~~I:l I, M,\\nml proJ"ds 201l\l1Q370LAGRANT\clw \EASEMENT EXHIIIIT.clw 5/16/2013 3135,34 PM eDT Bishop Engineering ·Plonnl,gYomllu",,,,'"l n.v.lorm,"!" 3501 W4lh 8lrcc< D""Moines,Iowa 6!l.J22{l6z:> 1'h""",(515)"1.0-(IJI;Y l'a><:(:115):>76-\1211 Civill!nglneerlng &Land SurvEyn'll llslabll&hod 1959 SE LA GRANT PARKWAY WAUKEE,IA EXHIBIT "A" Book 2014 Page 60887of7