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Home My WebLink About2016-05-02-Resolutions 16-165_Glynn Village P10 Westown Pkwy Improvements - Water Main Easement - AldrichTHE CITY OF WAUKEE,IOWA RESOLUTION 16-165 APPROVING PUBLIC WATER MAIN EASEMENT RELATED TO THK WESTOWN PARKWAY IMPROVEMENTS [STEWART AND MARILYN ALDRICH] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUEEE,ION'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 Water Main 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 Water Main 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 Water Main Easement related to Westown Parkway Improvements,with payment made by the City to property owner(s)Stewart and Marilyn Aldrich in the amount of $1.00. Willi F.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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII|LIIIIIIIIIIIiIIIiIII1|IIIIIIIII Book 2016 Page 6920 Docussnt 6828 Tuse EASE Psgss 7 Dote 6/8872818 Ties 18:88 Ati Rsc 1st 837 88 MT 8» PCRF SKRF Chad Airhsrt Recorder QDD Dsllss Counttt TQIIA D7C IIIIIIIIIIIIIIIIIIIINIIIIIIIIIIII PUBLIC WATER Pr'IAIN EASEMENT Recorder's Cover Sheet Piocparcr 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: Grantec: Stewart and ivtarilyn Aldrich City of Waukee,Iowa Book 2816 Page 6928 1 of 7 PUBLIC WATER MAIiV EASE)VIENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned, Stewart and Marilyn Aldrich,(hereinafter referred to as the "Grantor"),in consideration of the sum of One Dollar (5 l.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 rel'erred to as "the City"),a pctmanent and perpetual easmnent (hereinafter referred to as *'Easement") and right-of-way upon,over,under,through and across tho real property legally described as: SEE EXHIBIT "A"ATTACHED HERETO (hcreinafter referred to as the "Easement Area")for thc putpose of'locating and maintaining a water main (hereinafter referred to as "Water Main")and to pentut 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-surface thereof to construct,replace,locate,rebuild,enlarge,reconsttstct,patrol,repair (including the right to place and build additional Water lvfain therein)and to forever maintain the Easement whenever necessary within the Easement Area. This Easement shall bc 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. Book 2816 Page 69282of7 2,ivlaintenance,After the initial construction of'the Water ivlain,and acccptancc by the City,thc City attrecs,as part of thc reconstruction,maintenance and patrolling of the Water Main, to restore iii'ifl replace the Easement Area to substantially thc same condition as prior to thc time of entry or as atneed upon by the City and the Grantor,except the City shall not be required to replace landscaping,trees,shrtibs,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 unknown conditions which arise subsequent to the restoration and/or replacing of the Fasement Area.Any subsequent restoration by reason of settlement,depression or any unknown conditions shall bc the sole responsibility ot'the Grantor at thc Grantor's sole expense. 3.Chan e in Grade Prohibited.Grantor and its successors dartd assigias stlall not cllailge tile tyrade elevation or contour of any part of the Easemcnt Area without obtaining the prior widtten consent of the City. 4.~tC ht fA ..Th.City h ll h th iglt f t th E .tA»d I 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 rcmove any unauthorized obstructions or struchires placed or erected in the Easement Area. 5.Hold Harmless.Grantor,subsequent property owners,their successors and assigns agree 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,damaget costs,expenses,or attorney's 1'ees of any kind for actions or omissions of the Grantor arising out of or in connection with any undertaking arising out of or otherwise rehited to this Easement. G.Fascment Runs With Land.This Easement shall be deemed to run v ith 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 loxva 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. g.~Att '»''F .Tl City y»t'-lli E.thy pp pii:t ti,4 I ld they prevail in such litigation they s)lail recover as part of their costs the reasonable attorney's fees incurred in such litigation. Grantor does HEREBY COVEiUANT 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 WVARRANT AND DEFEND the said Easement Area;igainst the claims of all persons whomsoever. Eliisais gpctk 2816 Page 8928 8o)7 Words and phrases herein,including acknowledgnent hereof,shall be constrtted as in the singular or plural number,and as masculine or feminine gender,according to the context. Sig d ud j5 d y C~rt fi'(2,016. Stewart Aldrich Marilyn Aldrich Beck 28I6 Page 6928 4oi7 STATE OF IOWA ) )SS COUiUTY OF ~~) On this ~6 day of ,20 f6,before me,the undersigned,0 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 thc foregoingr instniment,and acknowledged that these persons executed the instrument as the volur)taryae of the persons. Notary Public in and for the BETH RI CHAR QSQ H e Commission Number 701 731 My Commission Expires mes State of Iowa My Commission expires ~I5+/Q STATE OF IOWA ) )SS COUNTY OF ) On this ~day of ,2016,before me,the undersigned,a Notary Public in and for,the State of Iowa,personally appeared MARILYN ALDRICII,to me known to be the identical persons named in and who executed the foregoing instniment,and acknowledged that these persons executed the instrument as he vol)rntary cts of thc persons. BETH RIQHARQSQH4CommissionNumber701731 trty Commission ExPires P Notary Public in and for the State of Iowa My Commission expires Q9@jg 3- Book 2816 Page 6928 5of7 ACCEPTANCE BY CITY OF WALrKEE,IOWA CITY OF WAUICEE,IOWA, an iowa municipal corporation By; Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of ,2016,before me,the undersigned,a Notary Public in and for said County and tl e 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 corporation,executing the within and foregoing instrnnrtent and acknowledged that they executed the same as their voluntary act and deed of the City of Waukec,by it and by them voltuttarily executed. KATHRVN E.PUBVIS:Commission Number 794513 My Commission Expires February 10,2019 By Printed Name: Notary Public in and for te State of iowa gook 2816 Page 6928 6of7 EXI-IIBIT A LECAL DEGICRIPTIOLR( EASEMENT EXHIBIT WATER MAIN EASEMENT CENIERLINE ROAD PER SURvEX IN BR 2002.PG 207 33'EXISTING RIGHT OF Wny BOO 0 0'OO~E 12.66' g)2(II PLACE (SE WWEST()WN PARKWA ) NBSDI'03 E '74 583 &3'17"W 1 WATER MAIN EASEMENT NE CDRRER GOVT LDT 14 300'00'00 "c 33.13' 2 P.O.B. 30000'00'E B.dg N 175'E 175' GQI/T LOT 14 PARCEL AA (BK 2012,PG 9051) PARCEL C (BK 2002,PG 20'7) Stewart &Marilyn Aldrich 31450 312th Place Waukee,IA 50263 B 1"=50 That part of the North 175 feet of the East 175 feet of Government Lot 14 in Section 5, Township 78 North,Range 26 West of the 5th P.M.now induded in Degas County.Iowa. being more partlculahy deca ibad as follows: Commencing at the Northeost comer ot said Government Lot 14;thence SOO'00'00"E.33.13 feet along the East line of said Government Lat 14 to the Point of Beginning;thence continuing SOOTIO'00"E,8.69 feet along ihe East Rne of sold Government Lot 14;thence 683'4$17'W,17&,57 teat to the West Rna of the North 175 feet of the East 175 feet of said Government Lot 14:thence NOD'00'00 E,12.66 feet along ths Wast Dne of ths North 175 feet o(the East 175 fest of sold Government Lot 14;thence N851N'D3 E,174.16 feet to the paint of beginning. Containing 1,853 square feet,more or less. 2/I 9/2016 ERG II15—013 K 2QTET PBQB 5 7 0(7