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Home My WebLink About2015-12-07-Resolutions 15-409_Waco Pl-98th St Improvements - Water Main Easement - HakemanTHE CITY OF WAUKEE,IOWA RESOLUTION 15-409 APPROVING WATER MAIN AND LINE EASEMENT RELATED TO THE 98 'STREET/WACO PLACE IMPROVEMENT PROJECT [DALLAS D.AND LINDA M.HAKEMAN] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUI EE,IOIYA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that a Water Main and Line 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 Water Main and Line 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 Water Main and Line 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 $1.00. Attest: Rick Peters,Mayor Pro Tem Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X NAY ABSENT ABSTAIN Illllfliflflllllllllllllllllllllfllllllllififili IIIIIIIII!Ilfl ffllillfllliflllfllf IIII f1Book2015Page201521 Docuaaht 26621 Tttpe ER6E Pages 7Data12/23/2915 Tice 2:59 PMRacRet637.66 Chad Rsrhsrt RecorderDallasCouctgIDIIR IfilllllllffIII(IIII flflf Ill f1 Mrg PCRF gxar DDD DPC I'..Cudrtr»«»'i l c'i'W»-0 8 I Gkc .I ~M.'a -! WATER MAIN A VIt I,I NE EAS Et&EIVT S KNOW TO AI.L thfIKN BY TIIESE PRESENTS: Thc undersigned Daiiaa D.gael I inaa H.Ha ro n ttxxxzxxxxxxxzxxzzxxxtgzyfttllitttftlttx(hereinaflcr rei'erred 1O aS the cGranlar(S)c),ZÃltx5d(+XXttttttfryrxz~&%+5~Xxt'llxxxxxxxxxxxxxzxxxxxxxxxx~tt~&flytttx@MA$%115IIrIA'xaxIIIIIII 8f II,8&@(aY~P.,Pd(RZPCXIIIIKAX8%%i$in considcratinn ol'the sum of One Dollar ($1.00)and other gorld ant!valuableconsidcl'alloi1,Ihc I'ccc'tpl 2nd stiff lctctlcy of vvhtch ls herl bv ltcknovvlcdgcd,docs hereby sell,grant.,and convey to the City'of Waukee,totva,a municipal Corporation (ltcreinafter referred to as "thcCity"),a permanent and perpetual easemtult (ltereinafler referred to as "Water Main and LineEasement"or "Easmnenl(s)")2nd right-of-vvay upon,over,under,tluouoh 2nd across lhe realproprnlylegallydescribedas: SEE EXHIBIT A,ATTACHED HERETO Page I Df4 Book 2815 Page 28521 1 of 7 2.Vse and Pur ose ol'Easement s This Easement shall bc granted for the purpose ol'locaLing Water Main,Bine(s)and other associated Water Vtility Infrastrucnire (hereinafter referred to collectively as "Water Main(s)") and to permit 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 the surl'ace and sub-surface Lhereof to construct,replace,locate,rebuild,enlarge,reconstruct,patrol,repair (including the right to place and build additional Water Main(s)therein or to connect and/or join VVater Main(s)and appurtenances thereto)and to forever maintain Water iVIain(s)whenever necessary within thc Easement(s)granted herein.No structure or building of any kind whatsoever shall be erected upon property that is the subject of Lhis Easement without the express written consent ol'the City. 3.Maintenance. Aller Lhe initial construction of the Water iMain(s),and acceptance by the City,the City agrees,as part ol'the reconstruction,maintenance and patrolling of the Water Main(s),to restore and replace the Easement area(s)to substantially the same condition as prior to the Lime 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 underground water systems nor shall the City be required to restore the Easement area by reason of settlement,depression,or any uni&nown 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 Grantor(s)'sole expense. 4.lii ht fA 'I'he City shall 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 relilovf'Llisv Unauthorized obstructions or structures placed or erected in the Easement Area. 5.Hold l-larmless. 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 ol'or otherwise related to this Easement. 6.Runnin 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 paries hereto. Page 2 ot'4 gook 2815 Page 28621 2 ot 7 7.Jurisdiction and Venue. The City and the Grantor(s)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 thc jurisdiction of ihe person being in Dallas County,iowa. g.Words and Phrases. Words and phrases shall be construed as in the singular or plural number,and as masculine,feminine or neuter gender,according to context. 9.Parties. 'I'he tenn "City"as used herein shall refer to the City of Waukee,iowa,its elected officials,agents,employees,oflicers,and contractors,The term FGrantor(s)F shall refer to 105 ff @tA 4Srt Jtf.NBA,"',their heirs,assigns, successors-in-interest,or lessees,if any. t0.A~tt 'F The City may enl'orce this instrument by appropriate action,and should they prevail in such litigation they shall recover as part of their costs thc reasonable attorney's fees incurred in such litigation. I t"''tt This Agreement shall constitute the entire Agreement between ihe parties and no amendments or additions io this Agreement shall be binding unless in writing and signed by both parties. 12,Paraora h Headin s. The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in coruaection with,the interpretation of'this Agreement. Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easentent Area by title in fee simple;that Grani.or has good and lawful authority to convey the same;and said Grantor covenants to WARRAixfT AND DEFEND the said Easement Area against the lawful clainas of all persons whomsoeven Each of the undersigned hereby relinquishes all rights of dower,homestead anti distributive share,if any,in and to the interests conveyed by this Easement. Words and phrases herein including acl&nowledgemeni hereof shall be construed as in the singular or plural number,and as masculine or Feminine gender,according to the context. Pages of4 Book 2815 Page 286213of7 PROPERTY OWNERS: / DALLAS D.HAKEMAN LIND M.HAKEMAN CITY OF WAUKEE By: illi .Peard,ivl yor Attest: Rebecca D.Schuett City Cleric STATE OF IOWA ) )SS COUNTY OF ~U~) On this ~day of ,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 executed the foregoing instrument,and acknowledged that this person executed thee'nSt333meti~tas the voluntary act of the person. C.~t~'.'~L~ Notary Public in and for the ,rc cs BETH PtfCHARDSOM Commissroo riom bar 7m 731 My Corpiq o.pirss State of Iowa My Commission expires Book 2815 Page 286214of7 STATE OF IOWA ) )SS COUNTY OF+~~Q~) I On this M day of NP3' Public in and for the State of Iowa,personally to be the identical person named in and acknowledged that this person executed the~in appeared LINDA M.HAKEMAN,to me known who executed the foregoing instrument,and ument as the v luntary act of'the person. BETH E1CffARDEOm'..'',Gp Comrni'ion Number 701731 Notary Public in and for the State of Ioiva MyC l l .pl ~tl5 t STATE OF IOWA ) )ss. COUNTY OF DALLAS ) 0 thl t dy r~t.uC,ydtd,br,tb d ls d,Nt y Public in and for the State of Iov a,personally appeared William F.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 io the foregoing instrument is the corporate seal of thc corporation,and that the instrument was signed and sealed on behalf of the corporation,by authority of its City Council,as contained in R l tl N .~/6 d ptdbytl ChyC ll,d RllCul rth CltyC the )fYI day of ~~,2015,and ihat William F.Peard and Rebecca D.Schuett 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 Publ'c in and for the State of Iowa MyC l p ~7/1 te hrp ~;0 BtNADLY litt OEETS ".Commission Number 790923 My Commisskyn Expires G July 7,2018 Book 2815 Page 28621 5of7 PREPARED BY.ERIN GRIFFIN,SNYDER 3 ASSOCIATES,INC.,2727 SW SNYOER 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 LVATER MAIN EASEMENT DESCRIPTION: A PART OF GOVERNMENT LOT 4 OF SECTION 3,70WNSHIP 78 NORTH,RANGE 26WESTQFTHE5THP.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA AND MOREPARTICULARLYDESCRIBEDASF'OLLOWS COMMENCING AT THE INTERSECTION QF THE WES I RIGHT-OF-WAY LINF OF 98THSTREETANDTHENORTHRIGHT-OF -WAY LINE OF THE UNION PACIFIC RAILROAD' THENCE SOUTI-I 89'40'13"EAST,33.00 FEET TO THE CENTERLINE OF SAID 98THSTREETTHENCESOUTH0019'47"WEST ALONG SAID CENTERLINE,60.55 FEETTHENC"SOUTH 02'10'15"WEST CONTINUING ALONG SAID CENTERLINE,51.76 FEET; THENCE NORTH 87'49'45"WEST,33.00 FEET TO THE POINT OF BEGINNING:THENCESOUTH0210'15"WEST,74.92 FEET:THENCE NORTH 87'49'45"WEST,17.00 F'EETI THENCE NORTH 02'10'15n EAST,82.84 FEET'THENCE SOUTH 62'50'51"EAST,18 75 F EET TO THE POINT OF BEGINNING AND CONTAINING 0.03 ACRES &1,341 S F ) PROPER1Y SUBJECT TO ANY AND ALL EASEMENTS OF'RECORD. DATE OF SURVEY 06-26-15 LEGEND ~Surve 5«eton Co n r1/2"Rebor Tello Plosbc CcpI/2"R b,Yellow Plosbc Cop IUnl s Other se N t di ROIV Mo ker ROVI Ro I Co Iroi potnt Bench Mo k Vtoned U sto ce Meosored Bec no 3 Oslo ceReccdedAs Deed Distonce C I loted 0 el V..P olecion Eic ot Ce te I e I/4 secton Line I/4 I/4 5 I o L eEssetLn" "19710 "16747 Found X OCR P I/ R D C MP Set ERIN 0. GRIFFIN 19710 4 Iovs » OWNER DALLAS D,St LINDA M HAKEMAN 1th Sl I *I 7D 7 eee/S St t*I d 2 I 2 98TH STREET/WACO PLACE IMPROVEMENTS WATER MAIN EASEMENT PLAT SNVDER &ASSOCIATES.INC.2727SW.SNYDER BLVD Engineers and Planners ANKENY,IA 50023 (515)964-202o SHE57 1 OF 2 PN 114.1091A PM'EDG DATE:06/26/I 5 TECH'SGK Book 2815 Page 286216of7 EASEMENT PLAT ,)oL oceln (Iaf YBoun !(0 I CD 33'35' ROW Fno 5/5"Reoor Yel.ow Porta Cop "',5729/I//og Hc//.- /C OqO 559'40 13'E 33.00 N67'49'45'W 33 00' 562'50'51"E 18.75' N02'10'15 "E 82.84 —SDO'19'47"Yl 60 55 502 10'15"W 51.76' Point of Beg nning~502'10 15"W 126 6S' 502'10'15"W 74.92 N87'49'45"W 17 00'~ ioL 0 Y/e(n -i'/6 PL.GoGec. ra o o 33'1 50 Rolr o (oz e Neap p&aL LO''C)na/O'pa SCALE (FEET) 98TH STREET/WACO PLACE IMPROVEMENTS WATER MAIN EASEMENT PLAT SNYDER 84 ASSOCIATES,INC.2727SW.SNYDERBLYD. Engineers and Planners ANKENY lA 50023 (515)964 2026 SHEET 2 OF 2 PN 114.1091A PN'ED G DATE 06/26/15 TECH:SGK Book 2815 Page 288217of7