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Home My WebLink About2016-03-07-Resolutions 16-072_Westown Pkwy-R-22 Intersection - Storm Sewer Easement - BeanTHE CITY OF WAUKEE,IOWA RESOLUTION 16-072 APPROVING PUBLIC STORM SEWER EASEMENT RELATED TO THE WESTOWN PARKWAY/R-22 INTERSECTION IMPROVEMENT PROJECT [ANDREW AND LISA BEAN] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE,IONA 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 Storm Sewer Easement is necessary for the purpose of construction of the Westown Parkway/R-22 Intersection Improvement Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Andrew and Lisa Bean,and legally described as referenced in Exhibit A,Easement Area,of the Public Storm Sewer Easement which is attached hereto. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 7'day of March,2016,that it hereby approves the Public Storm Sewer Easement related to the Westown Parkway/R-22 Intersection Improvement Project,with payment made by the City to property owner(s)Andrew and Lisa Bean in the amount of $3,500.00. Rick Peterson,Mayor Pro Tem Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYK X X X NAY ABSENT ABSTAIN X X lliIllIlllllIlll1llIlIIllllIllllllIIlllI1IlIllIllllllllll1IllIlIllIlIlIlIlllIIllllillllllilliil Book 2016 Page 5607 Documsnt 5683 Tllps EASE Pa ss P Data AdlSPEBle Time 8'5 Ah Rsc Amt 833 88 Chad Atr hart Ascordsr Dallas Counttt lotta lliililillilllilililililllilIIIIIII TITS PCRF- BKRF- DDD DPC PUI3LIC STORM SEWER EASLPMENT Recorder's Cover Sheet Preparer Information:(name,address and phone number) Brad Deets,Development Services Director City of Waukee 230 W Hickman Road Waukee,Iowa 50263 (515)978-7899 Return Document To:(name and complete address) City of Waukee,Iowa Rebecca Schuett,City Clerk 230 W.Hickman Road Waukee.Iowa 50263 Grantor:JWET Family Limited Partnership Crantce:City of Waukee,Iowa Book 2816 Page 5687 1of7 STORM SEWER I&JASKMENT(S) KNOW TO ALL PERSONS BY TIIKSE PRESENTS that the undersigned, JWET lramily Limited Partnership,(hereinafter referred to as the "Grantor"),in consideration of'the sum of Three Thousand Five llundred ($3,500.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does hereby sell,grant,and convey to the CITY OF WAUKEE,IOWA,a municipal corporation (hereinafter referred to as "the City"),a permaneitt and perpetual easement (hcrcinafter referred to as Easement"or "Easement(s)")and right-of-way upon,over, under,through and across the real property legally described as: SL&E EXHIBIT "A"ATTACIIED IIL&RKTO (hcreinaller referred to as the "Easement Area"&)for the purpose of locating storm sewer(s)(hereinafter referred to as "soever(s)")aiid to permit and allow the City to enter at any time upon.over,under,through,and across into the Easement Area herein described to use as nuich of the surlace and sub-surface thereof to construct,replace,locate,rebuild, enlarge,reconstruct,patrol,repair (including the right to place and build additional sewer(s)therein or to connect and/or join sewer(s)and appurtenances thereto)and to forcvcr maintain sewer(s)whenever necessary within the Easement Area. This Easemruit shall be subject to the following terms and conditions: 1,Erection of Structures Prohibited.Grantor and its successors and assigns shall not erect any structure,building,or fence over or within the Easement Area without obtaining prior written consent of the City. 2.Maintenance.After the initial construction of the sewer(s),and acceptance by the City,thc City agrees,as pint ol'the reconstruction,maintenance iuid patrolling of the Main(s),to restore and replace the Easmnent Area 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, strucuues,or underground water systems nor shall the City be required to restore thc Easeincnt Area by reason of settlement,depression,or any unknown conditions which arise subsequent to the restoration and/or replacing of the L'ascment Area.Any subsequent restoration by reason of settlement,depression or any unknown conditions shall bc the sole responsibility of the Grantor at the Grantor's sole evpensc. 3.Chan«e in Grade Prohibited.Grantor and its successors and assigns shall not change the grade elevation or contour of any part ol the Easemcnt Area without obtaining the prior written consent of the City. Book 2816 Page 5687 2of7 4.t~hht TA '..Th City h iii.t!ipht f t th E»A d have all rights ol 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 ercctcd in the Easement Area. 5.Ilold Harmless.Grantor,subsequent property owners,their successors and assigns agree to indemnify and hold harmless the City,its elected offrcials,employees, olTLcers,agents,representatives,contractors,and attorneys fiom and against any and all claims or demands tor liability,loss,damage,costs,expcnsesy or attorney's fees ot 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 Fasement. 6.Fasement Runs With Land,This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's heirs,successors and assigns. 7.Jurisdiction and Venue.The City and the Grantor agree 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 Easement and said parties consent to Lhe jurisdiction of the person being in Dallas County,Iowa. ~dtt 'P .Ti City y t'thi E»thy pp pi t t»,d should they prevail in such litigation they shall recover as part of their costs Lhe reasonable attorney's fees incurred in such litigation. Grantor does HEREBY COVENANT v;ith 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. 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. Signed this ~day of .2016. JWET I Alvlll.Y LllvIITED PARTNERSIIIP Name: Title: Name: Title; Book 2815 page 5BB7 Bof7 STATI=OF IOWA ) )SS COUNTY OF DALLAS ) On this~~day of ,2016,before me,the undersigned,a N tary Pub in and for said County an the State of Iowa,personally appeared ,to me personally knovm,who being by me duly sworn,did say that that person is of the partnership executing the foregoing instrument;that (the seal affixed to said insirument is the seal of the corporation or no seal has been procured by the corporation)and that the instrument was signed (and sealed)on behalf of the corporation by authority of its Board of Directors;that acknowledged the execution of the instrtunent to be the vohintary act and deed of the corporation,by it and by him voluntga'xecuted. BETH RICHARDSON S Commission Number 701 731 My on iree ew By Printed Name: Notary Public in and I'or the State of Iowa STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this~day of 2016,before me,the undersigned,a otary-ublic in and for said County ai d the State of Iowa,personally appeared ,to me personally knovni.who being by me duly sworn,did say that that person is of the partnership executing the foregoing instrument;that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured by the corporation)and that the instrument.was signed (and sealed)on behalf of the corporation by authority of its Board of Directors;that acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by hin rolupa 'xecutpd. BETH RICHARDSON o 40 Commission rrumber 701731 MV Co lee'o ~ppiree r 7 8' Printed Name: Notary Public in and for the State of Iov;a Book 2816 Page 5687 4 oi 7 ACCEPTANCF,13Y CITY OF WAVKKK,IOWA CITY OF WAVKEK,IOWA, an Iowa municipal corporatio By: Will n F.P rd, Mayor of the City of Waukee,Iowa By: Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF DALLAS ) 0 di ~rdy fdusrds,ydld,d f,gtl »d y»d,. Notaiy Public in and for said County and the State of Iowa,personally appeared William I'.Pcard 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 thc within and foregoing instrument and acknowledged that they executed thc same as their voluntary act and deed ol'the City of Waukee,by it and by them voluntarily executed. KATHRYN E.PURVIS F Commission Number 7945ts My Commission Expires February io,Zcts B)y Printed Nante: Notary Public in and for the State of Iowa Book 2816 Page 5687 5of 7 EXl-IIBIT A LECAL I3ESCR1PTION LEGAL DESCRIPTION PARCEL 2 PERMANENT EASEMENT;A A PARCEL OF LAND LYING ENTIRELY WITHIN AND BEING A PART OF LOT 2 GOVERNMENT LOT 12 AND LOT 13,SECTION 5,TOWNSHIP 76 NORTH,RANGE 26 WEST OF THE 5™P.M AS SHOWN ON SURVEY PLAT RECORDED IN BOOK 729,PAGE 900,NOW IN AND FORMING A PART OF THE CITY QF WAUKEE,DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER QF PARCEL "D"PART OF GOVERNMENT LOT 13, SECTION 5,TOWNSHIP 78 NORTH,RANGE 26 WEST AS SHOWN ON PLAT OF SURVEY RECORDED IN BOOK 2002,PAGE 207; THENCE NORTH 00 40'17"EAST,ALONG THE EAST LINE OF SAID GOVERNMENT LOT 12,FOR A DISTANCE OF 106.72 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE COUNTY ROAD,AS PRESENTLY ESTABLISHED,AND ALSO THE POINT-OF-BEGINNING; THENCE SOUTH 80 08'16"WEST,FOR A DISTANCE OF 3.25 FEET; THENCE NORTH 28'15'41"WEST,FOR A DISTANCE OF 46.58 FEET; THENCE NORTH 61'44'19"EAST,FOR A DISTANCE OF 29 40 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2,GOVERNMENT LOT 12 AND LOT 13; THENCE SOUTH 00 40'17"WEST,ALONG SAID EAST LINE,FOR A DISTANCE OF 54.40 FEET TO THE POINT-OF-BEGINNING. 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