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Home My WebLink About2016-05-02-Resolutions 16-166_Glynn Village P10 Westown Pkwy Improvements - Public Utility Easement - AldrichTHE CITY OF WAUKEE,IOWA RESOLUTION 16-166 APPROVING PUBLIC UTILITY EASEMENT RELATED TO THE WESTOWN PARKWAY IMPROVEMENTS [STEWART AND MARILYN ALDRICH| INTHENAMEANDBY THEAUTHORITYOF THE CITYOF WAUKEE,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 Utility Easement is necessary for the purpose of construction of certain improvements to Westown Parkway by Hubbell Metropolitan Development Fund I,LLC,Series E,as part of Glynn Village Plat 10 improvements;AND, WHEREAS,said easement shall be located on a portion of the property owned by Stewart and Marilyn Aldrich and legally described as referenced in Exhibit A,Easement Area,of the Public Utility Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 2"day of May,2016,that it hereby approves the Public Utility Easement related to Westown Parkway Improvements,with payment made by the City to property owner(s)Stewart and Marilyn Aldrich in the amount of $1,705.00. illiam .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 X X NAY ABSENT ABSTAIN IIIIIIIIIIIIIIIIIIIIIIllllIIIlIIlllllllllIIllllllllIIlllIllllIIlllIlllllIIIIIIIIlllllllllllll Book 2016 Page 6919 Document 99l9 Tops EASE Paces 8 Date 9/89/2819 Ttme 18:89 AM Rsc Amt 842.88 Chad Alrhart Rsccrdsr Dallas CcuntW TOWA IlllllllllllllllllllllllllllIIIIIII MT 9 PCRF9«A«- ODD D/C PUBLIC UTILITY EASEtMENT Recorder's Cover Sheet Preparer Information:(name,address and phone number) ;,i,Return Document To:(name and complete address) 'j;«'/City of Waukee,Iowa Rebecca Schuett,City Clerk 230 W.Hickman Road Waukee,Iowa 50263 GranEor:Stewart and Marilyn Aldrich Grantee:City of Waukee,Iowa Book 2916 Page 69lgioiB PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: The undersigned,Stewart and Marilyn Aldrich,(hereinafter referred to as the "Grantor"),in consideration of the sum of One Thousand Seven Hundred and Five Dollars ($1,705.00)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 refened to as "the City"),a permanent and perpetual non-exclusive Public Utility Easement (hereinafter referred to as "Easement(s)")and right-of-way upon,over,under,through and across the real property legally described as: See Exhibit A,attached hereto and made a part hereof. 2.Use and Pur ose of Easement s This Easement shall be granted for the purpose of locating Public Utilities defined as those utilities established,formed,acquired,owned,or operated by the City of Waukee,including but not limited to,elecnical,natural gas,telephone,cable television utility services,and data transmission utility services 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 said utility therein or to connect and/or join said utility and appurtenances thereto)and to forever maintain utilities 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. gook 2816 Page 6919 2of8 3.Maintenance. The Cify agrees,after entry,as part of the construction,reconstruction, maintenance,replacement,location,rebuilding,enlargement,repair and patrolling of the utilities,to restore and replace the Easement area(s)to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor(s),including sodding or seeding if it is a landscaped area and the City shall be required to repave if the Easement crosses a paved area such as a sidewalk or a driveway,except the City shall not be required to replace landscaping,trees,shrubs,bushes,landscape elements,sf.rucf.urea, or underground water systems nor shall the City be required to restore the Easement area by reason of settlement,depression,or any unknown conditions which arise subsequent to the restoration andi'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. 4,1~ii ht 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 thc 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. 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,drunage,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 i 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 are binding upon and inure to the heirs assigns,successors,tenants and personal representatives of the 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 ternis and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County,Iowa. Book 2816 Page 69I9 3of 6 8.Words and Phrases. Words and plirases shall be construed 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 Stewart and Marilyn Aldrich,their heirs,assigns,successors-in-interest,or lessees,if any. 10.A~tt 'F The 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 h Headin 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 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. 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. gook 2916 Page 6919 4of6 S~g dts I5 d y IQ~rL'20I6 CITY OF WAUKEE Stewart Aldrich tlliam F.card,ayor Attest: Marilyn Aldrich Rebecca D.Schuett,City Clerk 6ook 2816 Page 6919 5of6 STATE OF IOWA ) )SS COUNTY OF~l ~) On this J6 day of ,2016,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared STEWART ALDRICH, to me known to be the identical persons named in and who executed the foregoing instrmnent,and acknowledged that these persons executed the instrument as the voluntary acts of the persons. OH+,BBIHBIOHABOB:&Jp o mmsaamttomt rrotr» My Commission Expires lee Notary Public in and for the State of Iowa Iy Commission expires csr~j STATE OF IOWA ) )SS COUNTY OF ) On this ~5 day of I'L,2016,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared MARILYN ALDRICFI,to me known to be the identical persons named in and who executed the foregoing instrument,and acknowledged that these persons executed the instrument as the voluntary acts of the persons. BETH RICHARDSON r Oofomissloo Nomoel 701731 irty Commission Fxpires Notary Public in and for the State of Iowa My Commission expires g/jQ5 gook 2816 Page 6919 6 oi 8 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this II day of 2016,before me,the undersigned,a Notary Public in and for said County and the State of Iowa,personally appeared William F.Peard and Rebecca D.Schuett,to me personally known,who being by me duly swam, did say that they are the Mayor and City Clerk of the City of Waukee,Iowa,a municipal corporation,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. KATHRYN 6.PURVIS m'aaron Number 704513 rrt commission Expire,Commissr s YFebruary i 0,3019 P Notary Publ c in and for tlie State of Iowa Book 2816 Page 69f9 7of6 EXHIBIT A LEGAL DESCIIIPTION EASEMENT EXHIBIT PUBLIC UTILITY EASEMENT CENTERLINE ROAO PER SURVEY IN BK 2002,PG 207 33'EKISIING RIGHT OF IVAY NOO'00'00 E 12 66' pLACE ESTOWN pARKWAY) Cf 03 E 174318' 68343'17"W 1 PUBLIC UTILITY EASEMENT NE CORNER GOVT LOT 14 500'00'00 E 33.13' 2 ~P.O.B. 500'00'00 E N 175'E 175' GOV T LOT 14 PARCEL uAAo (BK 2012,PG 9051) PARCEL "C" (BK 2002,PG 207) Stewart fc Margm Aldrich 31450 312th Place Waukse,IA 50263 1"=50 That part of ths North 175 feet of ths East 175 fest of Government Lot 14 In Section 5, Township 78 North,Range 26 West of the 5th P.M.,now Included In Cages County,iowa, being more particularly described as follows. Commenalng at the Northeast corner of said Government Lot 14:thence 500%0'00"E.33.13 feet along the East line of said Government Lot 14 to the Point of Beginning;thence continuing SOC'00'00'E,8.89 fest along the Eost Rns of said Government Lot 14;thence 683'43'17"W,174.57 feat ta the West line af tha Norlh 175 fast of ths East 175 fest af said Government Lot 14;thence NOO'00'00"E,12.66 feet along ths Wast gne af the North 175 feet of the East 175 feet af sold Government Lot 14I thence N85'01'03'E,174.18 fest ta the point of beginning. Containing 1,853 square fest,more or less. 2/25/2016 ERG rfi15-015 Book 29'15 Page 5919 Bof B