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Home My WebLink About2016-05-02-Resolutions 16-170_Bluestem Lift Station 14 Improvements - Sanitary Sewer Easement - School DistrictTHE CITY OF WAUKEE,IOWA RESOLUTION 16-170 APPROVING PUBLIC SANITARY SEWER EASEMENT RELATED TO THE BLUESTEM LIFT STATION NO.14 IMPROVEMENT PROJECT [WAUKKE COMMUNITY SCHOOL DISTRICT] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF FA UKEE,108'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 Sanitary Sewer Easement is necessary for the purpose of construction of the Bluestem Lift Station ¹14 Improvement Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by the Waukee Community School District and legally described as referenced in Exhibit A,Easement Area,of the Public Sanitary Sewer Easement which is attached hereto. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 2"day of May,2016,that it hereby approves the Public Sanitary Sewer Easement related to the Bluestem Lift Station No.14 Improvement Project,with payment made by the City to property owner(s)Waukee Community School District in the amount of $L00. t li .Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X NAY ABSENT ABSTAIN 1llllllllllll|lllllljllllllllll|llllllllllNllillIIIII|llllllllllllllllllllillllll Book 2016 Page 6923 Documsnt 3823 Titpa EASE Pagsa 2 Data 5/83!2818 Tima 18:11 A11 Rsc Amt $32.88 Chad Ainhart Rscondar Dallas Counttt tcttp lllllllll|lllillll|llll|llll RTG'~ PCRF BKRF DDD~ DJC PUBLIC SANITARY SETTYER EASEMENT Recorder's Cover Sheet Preparer Information:(name,address and phone number) Return Document To:(name and complete address) City of Waukee,Iowa Rebecca Schuett,City Clerk 230 Highway 6 Waukee,Iowa 50263 Grantor:Waukee Community School District 560 SE University Avenue Waukee,lA 50263 Grantee:City of Waukee,iowa Book 2816 Page 6923 i of 7 SANITARY SEWER EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1.Orant of Easement s . The undersigned,WAUKKK COMMUNITY SCHOOL DISTRICT,an Iowa school district (hereinafter referred to as the "Grantor"),in consideration of the sum of One Dollar ($1.00)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 WAUKKK,IOWA,a municipal corporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer Easement" or "Easement(s)")and right-of-way upon,over„under,through and across the real property legally described as: SEE EXHIBIT "A"ATTACHED HERETO (hereinafter referred to as the "Easement Area") 2.Use and Pur ose of Easement s This Easement shall be granted for the purpose of locating infrastructure related to the sanitary sewer systetn including sanitary sewer,manholes,and other associated appurtenances (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 said Easement(s)herein described to use 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 Sewer(s)therein or to connect and/or join Sewer(s)and appurtenances thereto) and to forever maintain Sewer(s)whenever necessary within the Easement(s)granted herein.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 of the City. Book 2816 Page 6923 2of 7 3.Maintenance. After the initial construction of the Sewer(s),and acceptance by the City,the City agrees,as patt of the reconstruction,maintenance and patrolling of the Sewer(s),to restore and replace the Easement area(s)to substantially the satne 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 Cily be required to restore the Easement area by reason of settlement,depression,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 sole responsibility of the Grantor at the Grantor's sole expense. 4.l~Uht fA The 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 remove any unauthorized obstmctions or structures placed or erected in the Easement Area. 5.Ilold Ilarmless. The Grantor 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 arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6.Runnin of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Cnantor including,but not limited to,future owners,developers,lessees or occupants.All provisions of this insttuntent including benefits and burdens,run with the land are binding upon and inure to the heirs assigns,successors,tenants and personal representatives ofthe 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 28IB Page 6923 3 ol 7 g.VVords and Phrases. Words and phrases shall be constmed 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 Conununity School District,an Iowa school district,their heirs,assigns, successors-in-interest,or lessees,if any. ]0.~Att 'F fhe 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.tutti This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12.Para ra hHeadin s. 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 DFFEND 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. 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. 010 dtli ~d 2 ~olj20d,, Book 2816 Page 6923 4 ol 7 GRANTOR r.'~t rr.p,rr j)s(r.rrt CITY OF %AUKEK 'lltam ".e d,M yor Attest: Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COIJNTY OF DALLAS ) On this ~today of ,2016,before me,the undersigned,a Notary Public in and for said ounty and the State of Iowa,personally appeared to me personally known,who being by me duly sworn,did say that t at person is .r of said S,as such ,acknowledged the execution of said instrument to be the vo untary act and deed of said CS ,by it and by him voluntarily executed. Nota Public in and for the State of Iowa Mr c r r pi ~tls 2--. T1MDTHY R.BLDDlSI Commission Number 77744' My Commission Expires ow~March 13,to~ Book 2816 Page 6923 5ot 7 STATF,OF IOWA ) )SS COUNTY OF DALLAS ) On this ~t day of ,20,before me,the undersigned, a Notary Public in and for said Co tty and the State of Iowa,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 coiporation,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. ,,noir,KATHRYM E.PURVIS ,Commission Number 794513 iv1y Commission Expires February 10,2019 4'Ay ota Public in and for the tate of Iowa My Commission Expires ~&~~~ Book 2816 Page 6923 6 ol 7 EXHIBIT A -PERMANENT EASEMENT EXHIBIT ~" P.O.C NE COR,LOT 1 WAUKEE TIMBERLINE SCHOOL PLAT 1 S00 30'39'YV 1899 00 P.Q.B N89'29'21'W 30 00' LOT I VVAUKEE TIMBERLINE ECNOOL PLAT I YVRUKE E COKINUNIVR KNOOL OIG I RECT EEOC EL LA GRAN PKIW VVAUKFL SOO'31139"W 350 OO' N89"2921 Vi 10.00' 5 CL LIJ IQK NOO 3039 E 350 00' ~EABT LINE,LQT 1 589'2cJ'21"E J 3O.OB EXISTING 10'P.U.E LEGAL DESCRIPTION A PROPOSED PERMANENT EASEIIIENT BFING LOCATED IN LOT I OF VVAUKEE TllvlBERLINE SCHOOL PLAT I,AN OFFICIAI.Pl AT.INCLUDFD IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY.IOWA BEING MORE PARTICULARLY DESCRIBED AS FOLLQWS. COMMENCING AT TIIE NORTHEAST CORNER OF SAID LOT I:THENCE ALONG THE EASTERLY LINE OF SAID LOT I Soo'30'39"Vl.1,899.00,THENCE N89'29'21 "W 10.00 FEET TO THE POINT OF BEGINNING.'HENCE CONTINUING N89"29'21 "W.30.00 FEET.THENCE Soo"30'39"W,350.00 FEET: THENCE S89'"29'21 "E.30.00 FEET.THENCE Noo'30'39"E.350.00 FEET TO THE POINT OF BEGINNING DESCRIBED AREA CONTAINS 10,500 SQUARE FEET AND IS SUBJECT TO OTHER EASEMENTS AND RESTRICTIONS OF RECORD DESCRIBED EASEMENT IS BEING ACQUIRED AS PART OF THE BLUESTEM LIFT STATION EM IMPROVEMEN I'S NORTH ON FEFT! NI I OO c LEGEND 'ROPER c ''IcE CI O'REIN CIE RCR UNE ' 1 E„„.,N,Nc II ..J Ills M CLURE PERMANENT EASEMENT EXHIBIT UcRNURO c'I 19 EXH-04 Book 28I6 Page 6923 7 of 7