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Home My WebLink About2016-04-18-Resolutions 16-137_NE Douglas Pkwy Extension - Storm Sewer Easement - Kruzich - CivitelliTHE CITY OF WAUKEE,IOWA RESOLUTION 16-137 APPROVING PERMANENT STORM SEWER EASEMENT RELATED TO THE NE DOUGLAS PARKWAY IMPROVEMENT PROJECT [JOSEPH A.KRUZICH JR AND DIANA B.KRUZICH LIVING TRUST;CIVITKLLI FAMILY TRUST] IN THE NAMEAND BYTHEAUTHORITYOF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that a Permanent Storm Sewer Easement is necessary for the purpose of construction of the NE Douglas Parkway Improvement Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Joseph A. Kruzich Jr and Diana B.Kruzich Living Trust and Civitelli Family Trust,and legally described as referenced in Exhibit A,Easement Area,of the Permanent Storm Sewer Easement which is attached hereto. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 18th day of April,2016,that it hereby approves the Permanent Storm Sewer Easement related to the NE Douglas Parkway Improvement Project,with payment made by the City to property owner(s)Joseph A.Kruzich Jr and Diana B.Kruzich Living Trust and Civitelli Family Trust in the amount of $539.00. Attest: illiam F.ear,Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN iIIIIIIIIIIIIIIIIiIIIIIIiIIIIiiiIIiIIIItIIIIIIIIIIIIIIIIIImIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Book 2016 Page 5972 Occumant 5622 Tmpa EASE Ps as 6 Oats 422522BIB Time 6:3 Ati Rsc Amt B42.6B Chad Airhsrt,Raccrdsr Callas Ccuntu IOWA IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ATB- PCRF SYRF- OOO OPC PUBLIC STORM SEWER KASKMENT Recorder's Cover Sheet Preparer Information:(name,address and phone number) Brad Deets,Development Services Director City of Waukee 230 W Ilickman Road Waukee,Iowa 50263 (515)978-7899 Return Documeut To:(name and complete address) City of Waukee,Iowa Rebecca Schuett,City Clerk 230 W,Ilickman Road Waukee,Iowa 50263 Grantor:Joseph A.Kruzich Jr.and Diana B.Kruzich Living TITIst Civitelli Family Trust Grantee:City ot'Waukee,Iowa Bock 2816 Page 5972 1 of 6 STORM SEWER KASKMKNT(S) KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned, Joseph A.Kruzich Jr.and Diana B.Kruzich Living Trust and Civitelli Family Trust,each holding an undivided '/2 interest in the real estate as described on Exhibit A,attached hereto,(hereinafter referred to as the "Grantor"),in consideration of the sum of Five hundred ninety three dollars ($593.00)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 WAUKEK,IOWA,a municipal corporation (hereinafter rcfened to as "the City"),a permanent and perpetual easement (hereinafter referred to as "Easement'*or "Easement(s)")and right-of-way upon,over,under,through and across the real property legally described as: SEE EXHIBIT "B"ATTACHED HERETO (hereinafter refen.ed to as the "Easement Area")for the puiposc of locating storm sewer(s)(hereinafter referred to as "sewer(s)")and 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 much of the surface and sub-surfacc 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 forever maintain sewer(s)whenever necessaiy within the Easement Area. This Easement shall be subject to the following terms and conditions: l.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.However,any existing farm fences in existence prior to said construction shall be repaired or replaced prior to acceptance of said improvements by the City. 2.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 of the Main(s),to restore and replace ihe Easemeni Area to substantially the same condition as prior to the time ol'entry or as agreed upon by the City and the Grantor,except the City shall noi be required to replace landscaping,trees,shrubs,bushes,landscape elements, stnictures,or underground water systems.Any existing farm fences in existence prior to said construction shall be repaired or replaced prior to acceptance of said improvements. Any subsequent restoration by reason of settlement,depression or any unknown conditions shall be the sole responsibility of the City at ihe City's sole expettse, Book 28i6 Page 5972 2of8 3.Chan e in Grade Prohibited.Grantor and its successors and assigns shall not change the grade elevation or contour of any pari of the Easement Area without obtaining the prior written consent of the City. 4.~IC t fA '.Th City hill th ii,ld f t Il D 1A d 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.Hold Harmless.Grantor,subsequent property owners,their successors and assigns agree to indemnily 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 arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6.l.asement 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 assilyyts. 7.Jurisdiction and Venue.The City and the Grantor agree the District Coiut in and for the State of Iowa shall have exclusive jurisdiction over the subject matter and enforctanent of the.terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas Coimty,iowa. ll.A~tt 'P .Th Oly y I'thi C.»thy pp pit ti,4 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 auihority 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 contexk Book 2816 Page 5972 Bof 6 ar dthi I d r r~a.l C,ddld, Joseph A,Kruzich Jr and Diana B.Kruzich Living Trust seph A.Kruzich Jr,T stee drr,rdor ~4 ) )SS COUNTY OH~~.N ) d On this J day ol'I (,2016„before me,the undersigned,a Notary Public in and for the Stath of iowa,personally appeared JOSEPH A.KI&UZJCH, JR,to me known to be the identical persons named in and who executed the foregoing instrument,and achtowledged thai these persons executed the instttunent as the voluntary acts of the persons. AXEL Z,EOICALEII CADR Notary Public STATE CF TEXAS rrty Comm.Errp.0348.1 8 Not,e IO'rr 13irr3809-T otaly Public in and for ihe State of Q4A~ My Commission expires 05 ' Book 2816 Page 59724otB Civitelli Family Trust Valcrie Di &inson,Trustee STATE OF CRc 1 Ftpkportt ) )SS COVNTY OF &tgrl WE ) NARENORA V.NARAN Commission ¹1979780 Natary Pubgc ~Cagiornia fOrangeCounty Comm.Expires May 18,201 6 My Commission expires ffl'(~fL On this $77t day of Rf ftt L.,2016,before me,ihe undersigned,a Notary Public in and for the State of~,persona ly appeared VALERIE DICKINSON, to me known to be the identical persons named in and who executed 1hc foregoing instrument,and acknowledged that these persons executed the instrument as the voluntary acts of the persons. Notary Public in and for the State of CAr.tF¹fZ&rrt Book 28i6 Page 59725of6 ACCEPTANCE BY CITY OF WAUKEE,IOWA CITY OF WAUKEE,IOWA, an Iowa municipal corporation By ' iam F.card, Mayor of the City of Waukee,Iowa Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this J9 day of ,2016,before me,the undersigned,a Notary Public in and for said County and the State of Iowa,personally appeared William I .Peard and Rebecca D.Schuett,to me personally known,who being by me duly swung did say that they are the Mayor and City Clerk of the City of Waukee,Iowa,a municipal corporation,executing the within and foregoing instnunent 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. KATHRYN E PURVIS.Commission Number 7945'13 My Commission Expires February 10,2019 ~,A Printed Name; Notaiy Public in and for t e State of Iowa Book 2816 Page 5972 6ot8 EXHIBIT A LF GAL DESCRIPTION OF PROPERTY The East One-half of the Southeast Quarter (E "i'SE "/}of Section Twenty-two (22),Township Seventy-nine (?9)North,Range Twenty-six (26)West of the 5s P.M.,Dallas County,iowa,EXCEPT (a)Lami's Subdivision of the Southeast Quarter (SE %)of Section Twenty-two (22),Township Seventy-nine (79)North, Range Twenty-six (26)dated October 16,1958,and recorded in Plat Book 3 at Page 65 in Dallas County,and EXCEPT (b)Lami Subdivision of the Northeast Quarter of the Southeast Quarter (NE '/4 SE '/e)of Section Twenty-two (22), Township Seventy-nine {79)North,Range Twenty-six (26)recorded Augusl 7, 1959,in Plat Book 3 at Page 80 in Dallas County,iowa,and EXCEPT (c) Beginning 178.0 feet south and 183.0 feet west of the east quarter corner of Section 22,Township 79 North,Range 26,West of the 5'"P.M.,Dallas County, iowa,thence south 161.0 feet,thence west 124.5 feet,thence north 161.0 fest, thence east 124.5 feet,to the point of beginning,and EXCEPT {d)The adjoining 50 feet on South side of Lot 10 of Larni's Sub-Division shown in Plat Book 3, Page 65;all the foregoing lying in SE %SE %of said Section 22,and EXCEPT (s)Commencing at the East Quarter (E %)Corner of Section 22,Township 79 North,Range 26,West of the 5a P.M.,and thence South 674.2 feet,thence West 33 feet to the place of beginning of this description;and thence West 150 feet, thence North 35 feet,thence East 150 feet,thence South 35 feet to the said place of beginning of this description.Aforesaid tract of land being in NE '/4 SE '/4 of Section 22-79-26,and ~EPT (f)A parcel of land in the Northeast Quarter of the Southeast Quarter (NE '/4 SE %)of Section Twenty-two %22),Township Seventy-nine (79)North,Range Twenty-six (26)West of ths 5 P.M.,Dallas County,lowe,more particularly descdibed as:Commencing at the East Quarter corner of Section Twenty-two (22)Township Seventy-nine (79)North,Range Twenty-six (26)West of the 5"P.M.,Dallas County,iowa,thence along the East line of the Southeast Quarter (SE '/)of said section,S 00'00'00"E 674.36 feet to the point of beginning;thence parallel with and 35,00 fest South of Lot Eleven (11),Lami Subdivision of the Northeast Quarter of the Southeast Quarter (NE % SE %),S 89'53'27"W,182.57 feet to the West line of said lot projected Southerly;thence S 02'41'32"W,544.51 feet to the Northwest corner of Lot One (1},I ami's Subdivision of the South One-half (S '/a)of Section Twenty-two (22); thence along the North line of said lot and it projection Easterly,N 89'43'24"E, 208.14 feet to the East line of the Southeast Quarter (SE /4)of said section; thence along said East line N 00'00'00"E,543.24 fest to the point of beginning, containing 2.438 acres,more or less including public road,and 1,962 acres, more or less,excluding public road,and subject to an easement for ingress and egress over the South 30.00 feet of parcel described herein.Beadings are based on the East line of the Southeast Quarter (SE '/4)of Section Twenty-two (22), Township Seventy-nine (79)North,Range Twenty-six (26},which is assumed to bear South. Book 2916 Page 59727of8 KXHIIIIT II LK(IAL DESCRIPTION OF EASEMENT AREA Pre Dered by Jody Budde,8191 8 Ironwood Cour),Suite L,Jobnelon,)A 50131 Phoner 515 254-1 393 PERIIbI|ANENT STORM SEWER EASEMENT PERMANENT STORM SEWER EASEMENT BEING CONVEYE O To Tl)E C)lY 0F WAUKEE DOUGLAS PARKWAY EXTENSION EXHIBIT 91-P PARCEL 91PROPERTYOWNER. XRU2ICH,JOSEPH IL JR„TRU9TEE 4000 JENNINGS CIRCLE THE COLONY,TX75050 BOOK ÃI 0,PAGE 2M01 LEGAL 0EBCR)PT)ON; A PARCEL OF LAND LOCATED W THE SOU TH EABT QUARTER OF THE OIJIHEAST OUAFIISN OF SECTKtn 22 TOWNSHIP 70 NORfH RANGE 20 WEST OF THE FIFIH PF UN CIPAL MERIDIAN,CALLA)CO UNIV,IOWA, JIX)HE PARTICULARLY DESCRI SEC AS FOLLOWS' COMMENGINQ AT THE SOU1HEAST CORNER OF SAID SECHON 22,THENCE NORTH 00'12 60'EAST,MSG FEET ALONG TIIE EAST LNE OF 0AIO SOUIHEABT QUARTER OF SECTION 22 THENCE HORTH W'47 01' WEST W 82 FEET To THE WEST Rl GHTJIFJUAY LINE OF W AIIENUE ALSO BEING POINT OP 0EG IN NING; THBJCE NORTH 30'50'17"WEBT 01 el FEET THENCE NORTH HF 00'43'EA57 302C FEET 11BNCE SOUTH 30'09 IT EAST,18 M FEET TO 1HE WESI'Lite OF W AVBI UE;THENCE 8OUIH M'20'4IF WEST, 67 72 FEEI'ALONG HIE WEST RIGHT«IFJVAY LINE OF W AVENUE IO IHE POINT OF BEGINNING, CONTAHING 12M SQUARE FEET Otl 0 GI ACRES hloIIE OR lESS. 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