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Home My WebLink About2015-12-07-Resolutions 15-410_Waco Pl-98th St Improvements - Public Utiity Easement - HakemanTHE CITY OF WAUKEE,IOWA RESOLUTION 15-410 APPROVING PUBLIC TRAIL EASKMKNT RELATED TO THE 98 STREET/WACO PLACE IMPROVEMENT PROJECT [DALLAS D.AND LINDA M.HAKKMAN] INTHENAMEANDBYTHEAUTHORITYOF THE CITYOF IYAUKEE,IOP'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that a Public Trail Easement is necessary for the purpose of construction of the 98'Street/Waco Place Improvement Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Dallas D.and Linda M.Hakeman,and legally described as referenced in Exhibit A,Easement Area,of the Public Trail Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 7"day of December,2015,that it hereby approves the Public Trail Easement related to the 98'" Street/Waco Place Improvement Project,with payment made by the City to property owner(s) Dallas D.and Linda M.Hakeman in the amount of $1.00. Attest: Rick Peter n,Mayor Pro Tem Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYK X X X X NAY ABSENT ABSTAIN llIIllIllIllIIlIlllIIlIllIllIIIIIIIIIIIIIIIIIIIlIllIlIIIlIllIlIllIllIllIIIlIIIIIIIIIIIIIIIIII Book 2015 Page 20027 Docusent 28827 Tttps EASE PsGes 8 Date 12/15/2815 Ties 18:15 AM Rsc Ast 842.88 Shed Atrhert,Recorder Dsllse Counttt Iotte IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MTG PCRF SKRF DDD D/C PUBLIC TRAIL EASElVIENT Recorder's Cover Sheet Preparer Informrttion: Steven P.IIrick 6701 Westown Parkway,Suite 100 West Des lvloines,IA 50266 (515)274-1450 Return Doctunent To: City ol'Waukee,Iowa Rebecca Schuett,City Clerk 230 W.1lickman Road Waukee,Iowa 50263 Grantor:9 lrf 0 ~tf trtt/I LklrS/I 7/t .1 IdtftO Grantee:City of Waukee,lowe Book 2815 Page 28827 of 8 P VBLIC TRAIL.FASEAIBNT KNOW TD ALL PERSONS BY 'I"IIESE PRESEN'FS,that the undersigned, lit l)8 kttzf kl.N,'(hereinafter relerred io as the "Grantor"),in consideration of the stun of One Dollar (5 l.00)and other good and valuable consideration,the receipt and sufttciency of which is hereby acknowledged,docs hereby sell, grant,and convey to the CITY OF WAUICEE,IOWA,a municipal corporation (htaeinalier referred to as "the City"),a permanent and pctpetual easement for public access and trail right- ol'-way (hereinafter rel'erred to as the "Easement")and right-ol-way upon,over,under,through and across the real property legally described as: SEE EXFIIBIT "A"ATTACHED HERETO (hereinal'ier referred to as the Easement Area")I'or the purpose of public access and trail purposes on the surface of the Easement Area in a manner that vill permit its free and unobstructed use by the public by pedestrians and non motorized vehicles,and motorized vehicles as maybe allowed and/or regulated I'tom titne to time by ordinance duly adopted by the City,lor the purpose of allowing and obtaining access from one property to another by members of the public and as maybe necessary to allow the City the right to access,from time to time,to construct,replace,locate,rebuild,enlarge,reconstruct,patrol,repair and forever maintain the Easement whtnaever necessary,in the City's sole discretion. This Easement shall be subject to the following terms and conditions: I.ERECTION AND PI.ACEMENT OI STRUCTURES.OBSTRUCTIONS I'LAV!'I'INGS OR i%A FERIALS PROIIIBITED.Grantor shall noi cause or permit thc planting, ecrection,or placement of any obstruction,planting,Jlsaierial,fence or other structure,under, over,on,through,across,or within the Easement Area,without obtainirlg the prior written consent ofthc Grantee. 2.IvIaintenance of Easement.The owner or occupant of each parcel of property upon v;hich the Easement Area is located shall keep and preserve that portion of the Easement Area v ithin 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.Chancre in Grade Prohibited.Grantor and its successors and assigns shall noi change the grade,elevation or contour of any part ol'the Easement Area without obtaining the prior written consent of the City. 4.Rivht of Access.The City and thc public shall have the tight of access to the Easement A.rea and have all rights ol'ingress and egress reasonably necessary for the usc and enjoyment oF the Easemeni Area as heretn described,including,but not limited to,the right io rcmove any unauthorized obstructions or structures placed or erected in the Easement Area. Bock 2gl5 p2cf8 9 28827 5.Pro ert To Be Restored.Upon completion of any construction,reconstruction, repair,enlargement or maintenance ol'any improvements in the Easement Area,the City shall restore the Easement Area in a good and worlrmanlike manner to a condition comparable to its condition before construction,reconstruction or alteration,including the sodding of the grassy are&is 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 replacin&g any other thing including,but not limited to,vegetation,trees,shnibs,watering devices or any other planted,buried or other thing of any kind whatsoever erected,placed, installed or planted upon the Fasement Area. 6.Hold Harmless.The Cirantor agrees to indemnify and hold harmless the City,its elected officials,employees,officers,agents,representatives,contractors,and attorneys fiom and against any and all claims or denlands for liability,loss,damage,costs,expenses,or attorney's fees of any )rind 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.Runnin of Benefits and Burdens.The terms ancl conditions of this Easement are binding upon thc Grantor including,but noi limited to,future owners,developers,lessees or occupants.All provisions ol 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. g.Jurisdiction and Venue.The City and the Grantor agree the District Court of the State ol'iowa shall have exclusive jurisdiction over thc 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 sin&gular or plural number.,and as masculine,feminine or neuter gender,according to context. 10.~A&& 'P '.&i City y a&&ii i i &by pp 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. iVords and phrases herein,inchiding acknowledgment hereof,shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. Book 28I5 Page 288273of8 Signature page follows. 8ppk 2815 Page 28827 4 oi 8 PROPERTY OWNERS: DALLAS D.HAKEMAN LI DA M.HAKEMAN CITY OF WAUKEE By: illiam .ear,Mayo Attest: Rebecca D.Schuett City Clerk s rA.rr.or IowA ) )SS CODNTY OF,1~~17~) On this ~day of 1 ~Los~fnrc,2015,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared DALLAS D.HAKEMAN,to me known to be the identical person named in and who~ecuted the foregoing instrument,and acknowledged that this person executed tl)e tns ument as t e voluntary act of the person. ,XLI7 Notary Public in and for the o:'nkvd l=:i..'~.".-~1:",;CommiMon trarmner 701771 Mrorrm,1=-ei n ""aires in State of Iowa Book 2815 Page 28827 5 ol 8 STATE OF IOWA ) )SS COUNTY OF ''~) On this ~day of Wgl ~,2015,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared LINDA M.HAKEMAN,to me known to be the identical person named in and who exe the foregoing instrument,and acknowledged that this person executed thepnstrtfmentras the vo ntary act of the person. BETH HiBHABDSGH4"Commission Number 701731 MyC yi-'s Notary Public in and for the State of Iowa My Commission expires 4 /a r oi STATE OF IOWA ) )ss. COUNTY OF DALLAS ) On this 1 day of ~c ~2015,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared William 1.Peard and Rebecca D. Schuett,to me personally known,and,who,being by me duly sworn,did say that they are the Mayor and the City Clerk,respectively,of the City of Waukee,Iowa;thai.the seal affixed to the foregoing instrument is the corporate seal o'f the corporation,and that the instrument was signed and sealed on behalf of the corporation,by authority of its City Council,as contained in Resolution No.15 "f(Q adopted by the City Council,under Roll Call of the City Council on the )fyt day of ~Q fr~I,2015,and that William F.Peard and Rebecca D.Schuctt acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. Notary Publi in and for the State of Iowa urn»»u ~ls 13RADLY ltit DEETS 1 -me Comnssaon Number 790923 My Commlsslon Exfsres July 7,2018 Book 2815 Page 28827 Bof 8 PREPARED BY:ERIN GRIFFIN,SNYOER 3 ASSOCIATES,INC,2727 SW SNYDER BLVD,ANKENY,IA 50023 (515)964-2020 RETURN TO;ERIN GRIFFIN,SNYDER 3 ASSOCIATES,INC.,2727 SW SNYDER BLVD,ANKENY,IA 50023 (515)964-2020 EASEMENT PLAT TRAIL EASEMENT DESCRIPTION A PART OF GOVERNMENT LOT 4 OF'SECTION 3,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5TH P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA AND MORE PARTICULARLY DFSCRIBED AS FOLL04YS: COIUIMENCING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF'98TH STREET AND THE NORTH RIGHT-OF-WAY LINE OF'THE UNION PACIFIC RAILROAD' THENCE SOUTH 89 40'l3"EAST,33.00 F'EET TQ THE CENTERLINE OF SAID 98TH STREET:THENCE SOUTH 00'19'47"WEST ALONG SAID CENTERLINE,60 55 FEET: THENCE SOUTH 02'10'15"WEST CONTINUING ALONG SAID CENTERLINE,51.76 r EET' THENCE NORTH 87 49'45"WEST,33.00 f'EET TQ THE POINT QF BEGNUNING;THENCE SOUTH 02'10'15"WEST,74.92 FEET THENCE NORTH 87'49'/45"WEST,17.00 FEET, THENCE NORTH 02'10'15"EAST,82 84 FEET;Tl-IENCE SOUTH 62'50 51"EAST,18.75 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.03 ACRES &1,341 S.F.). PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. DATE OF SURVEY 06-26-15 LEGEND OWNER DALLAS D.8 LINDA M.I-(AKEMAN ~SUIVe Sect on Coo eI/2'Reha,YeIaw Plostc C a 197 3I/2'Reho,Tello Plostc Ccp 16747 (0 less Othe wee Noted) ROW M k ROW R Cont ol Point Bench Mark artcc 0 stance Macsured Baca 9 lk Dtstorce Recorded As Deed Drsta ce 'olcaloted 0 stance Cents line Sechon Lne I/4 Sect o IJne I/4 I/4 Sect o !a ntL e Found Z OCR P M R D C MPE Sat kkkllali IGen ERIN 8. GRIFFIN 19710 1013 2 ~o.c r ',Ls 0 * I I 42 /2 98TH STREET/WACO PLACE IMPROVEMENTS TRAIL EASEMENT PLAT SNYDER BUAssoclATES,INc.zrzTSW.BNYOERBLVD. Engineers and Planners ANKENY,IA50023 7515)964.2020 SHEET I OF 2 PN'114.1091A PM:EDG DATE:06I26/15 TECH SGK Book 2815 Page 288277of8 EASEMENT PLAT TPFae"n6 p4..c,6 '67. EB Fat3 Y p 8-TY)eY RQ~,, L Qeea~Q7 Ttac ,daTYB()L)r Il Fnd 5/6"ReborE/7IYi Yet'or Prost e Cop "15729 !EF) , 'I— i ED 33'35' 96W Tce)~, p aT c 7 QQ \, EB)L „~666' PLI 569'40 13"E 33 00' NB7'49'45"W 33 00' 552'50'51 "E 18.75' N02'10'15"E 82.84' —SOO'19'47'W 60 55' 50290'15"TY ,~51.76' Point of Beginning .~502'30 15 "W 126 6t!' S02'10'15"W 74.92 N87 49'45"ttf 17,00'~ ;Lp~ TY3e Y3' QpgeT 76-2 P)-~ec. e. C 6 50 o ep ep YN es~ 7-I pg yap)8 P,.aL 6 ZQ"6 (B)4 F O63 pq 66 SCALE &FEFT) 98TH STREET/WACO PLACE IMPROVEMENTS SHEET 2 OF 2 TRAIL EASEMENT PLAT SNYDER &ASSOCIATES,INC Engineers and Planners 2727 S.W,SNYDER BLVD. ANKENY,iA 50023 (515)964-2020 PN.114 1091A PM.EDG DATE 06f26115 TECH.SGK Book 2815 Page 28827 Bet 8