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Home My WebLink About2016-09-06-Resolutions 16-383_Somerset Oaks P1 - Public Utility EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 16-383 APPROVING PUBLIC UTILITY EASEMENT (SOMERSET OAKS ONE,LLC) IN THENAMEANDBYTHEAUTHORITYOF THE CITYOF WAUKEE,IOIYA 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 in Somerset Oaks Plat 1;AND, WHEREAS,said easement shall be located on a portion of the property owned by Somerset Oaks One,LLC,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 6'"day of September,2016,that it hereby approves the Public Utility Easement related to the Westown Parkway Improvement Project,with payment made by the City to property owner(s) Somerset Oaks One,LLC,in the amount of $1.00. tlli R Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN Ililllillllilllillillllliiillliiillilliillliiillllillliiliillllillllilillilil Doc ID:006914660013 Type.'EASE Recorded:09/13/2016 at 08:31:46 AM Fee Amt;667.00 Page 1 of 13 Dallas County Iowa Chad C.Alrhart RECORDER Filea SK20 16 Pa 17066 PUBLIC UTILITY KykSKNIKNT Recorder's Cover Sheet Preparer Information:(name,address Eutd phone number) Return Document TD:(name and complete address) ,.'u;'City of Waukee,iowa Rebecca Schuett,City Clerk 230 W.Hickman Road Waukee,lowe 50263 Grantor:Somerset Oaks One LLC Grantee:City of Waukee,Iowa PUBLIC UTILITY KASKMKNT(S) KNOW TO ALL PERSONS BY TIIKSK PRESENTS: 1.Grant of Easement s The undersigned,SOiilKRSKT OAKS ONE LLC,an Ohio limited liability company (hereinafter referred to as the "Grantor"),in consideration of the sum of One Dollar (SL00)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 refened to as "the City"),a permanent and perpetual non-exclusive Public Utility Easement (hereinafter rcfencd to as "Easement(s)")and right-of-way upon,over,under,through and across the real prepay 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 putTiose of locating Public Utilities defined as those utilities established,formed,acquired,owned,or operated by the City of Waukee,including but not limited to,electrical,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,reconstmct,patrol,repair (including the right to place and build said utility therein or to connect and/or join said utility and apputtenances 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. 3.Maintenance. The City 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,stmctures, 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 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.A~At 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 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,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 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 patties hereto. 7.Jurisdiction and Venue. The City and thc 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. 8.Words and Phrases. Words and phrases shall be construed as in the singular or plural number,and as masculine,feminine or neuter gender,according to context. 9.Parties. The tenn "City"as used herein shall refer to the City of Waukee,iowa,its elected officials,tagents,employees,officers,and contractors.The teim "Grantor"shall refer to Somerset Oaks One LLC,its heirs,assigns,successors-in-interest,or lessees,if any. 10,~Att .'I' 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.~t»t This Agreement shall constitute the entire Agreement between the parties and no iunendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12.Para a&h Headin s. The paragraph headings in this Agreement are included solely for convenira&ce and shall not affect or be used in connection with,the interpretation of this Agreement. Griuitor 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. Eid»dtdt lOAd 2 f~d&2,616. CITY OF WVADKEE Person and title illiam .Peard,Mayor Attest: Rebecca D.Schuett,City Clerk TATE OF IOW~A )SS COUN F ) On this ay of ,20 before me,the undersigned, a Notary Public in and said County and t tate of iowa,personally appeared ,to me rsonally k»wn,who being by me duly sworn,did say that that person is of the corporation executing the foregoing instrument;that (the seal aftixe sai 'strument is the seal of the corporation or no seal has been procured b e corporation)that the instrument was signed (and sealed)on behalf o &e co&I&oration by author&of its Board of Directors;that acknowledged the execution of t 'nstru&nent to be the voluntary act and deed the co&I&oration,by it and by him voluntarily e ted. ~otary-Pub4a-i»-a»d-for-the-State a STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of ,20~j,before me,the undersigned, a Notary Public in and for sai County and the State of Iowa,personally appeased 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 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. totTHRYN E,PURVIS.Commission Number 794513 My Commission Expires February 10,3019 Not ryPubli n and for the Sta of Iowa Signed this %%ay of,9,2016. SOMERSET OAKS ONE LLC, an Ohio limited liability company Steven Kimmclman,Its ManagerC~/ David &wi)1,ts anager Leslie Leohr,Its Manager STATE OF OHIO ) )SS COUNTY QF CUYAHOGA ) .ry'\ti The foregoing instrument was acknowledged before me this 2 day of August 2016 by Steven Kimmelman,Manager of Somerset Oaks Onc LLC,an Ohio limited liability company,on behalf of the limited liability company, !1''',';;I s"sorS,"*.rq'..ANDPiEA L BUSHWAy E V tr iJ S t l C 5 1AI E OF 0 tS I 0 Corriin.Explieg March 24,2(gc, ltecorctea ln ~so;Suinrnit County '/I ul,'1 X' Signature 6 .J Printed Name Notary Public STATE OF OHIO ) )SS COUNTY OF CUYAHOGA ) „+b The foregoing instnunent was acknowledged before me this D-'day of August 2016 by David Conwill,Manager of Somerset Oaks One LLC,an Ohio limited liability company, on behalf of the limited liability company. AZ0ttliA t auSFWAr -"y'I '/z~'".-NarAitv putttic SIATE Gt.OHIO Comm.Lxpues —Vicucn 24,2083l tt 6 c o f ct 6 0 I n ',,zy r.~,go.Surlsmtt County".;,err."o:.o~'„..' Signature Printed Name Notary Public t 4 34UJ &.«'c&c0 STATE OF OHIO ) )SS COUNTY OF ) he foregoing instrument was acknowledged before me this ay of August 2016 by eslie Leohr,Manager of~Somerset Oaks One LLC,an Oh',mited liability company,on b half of the limited liability company. Slgnattu'c Printed Name ITotary Public Signed this 3%day of tI,2016. SOIvIKRSKT OAI&S ONE LLC, an Ohio limited liability company Steven I&immelman,Its Manager David Conwill,Its Manager j /i'I'i Lesl'ie Leohr,ts tviana'get TE OF OIIIO ) )SS COUNT CUYAIIOGA ) The foregoing instrum was acknowledged before me this d@)~of August 2016 Steven Kimmelman,Manta of Somerset Oaks One LLCMn Ohio limited liabil company.,on behalf of the limite bility company. y tv Signa r Printed Name Notary Public TE OF 01110 ) )SS COVNTY 0 UYAHOGA ) The foregoing instrumen as aclmowledTSTed before mc this day ef August 2016 by David Conwill,Manager of erset Galls One LLC,an Ohio Iirriited liability company, on behalf of the limited liability co any. Printed Name Notary Public STATF OF OHIO ) )SS CQQNTT QT ~EKIS/I i The foregoing instrument was aclulowledged before me this Q day of August 2016 by Leslie Leohr,Ivlanager of Somerset Gaits One LLC,an Ohio limited liability company,on behalf of the limited liability company, intel e 1INDA GlASS NOTART'PUBLIC 3'iP,tT.GP EXHIBIT A LEGAL DESCRIPTION A PART OF LOT 1,SOMERSET OAKS PLAT 1,AN OFFICIAL PLAT IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA DESCRIBED AS A 10.00 FOOT WIDE EASEMENT BEING 5.00 FEET ON BOTH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1;THENCE SOUTH 89'32'47"WEST ALONG THE NORTH LINE OF SAID LOT 1,A DISTANCE OF 4.20 FEET;THENCE WEST ALONG SAID NORTH LINE AND A CURVE CONCAVE SOUTH WHOSE RADIUS IS 740.00,WHOSE LENGTH IS 10.80 FEET AND WHOSE CHORD BEARS SOUTH 89'07'42"WEST,10.80 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 00'03'35"EAST,384.00 FEET TO REFERENCE POINT 'A';THENCE SOUTH 00 30'35"EAST,678.59 FEET;THENCE SOUTH 89'34'37"WEST,406.59 FEET;THENCE NORTH 60'25'23"WEST,20.00 FEET;THENCE SOUTH 89'34'37"WEST,89.13 FEET;THENCE NORTH 30 43'02"WEST,173.36 FEET;THENCE NORTH 22'24'05"WEST,32.32 FEET;THENCE NORTH 28'09'59"WE5T,98.86 FEET;THENCE NORTH 32'19'34"WEST,52.97 FEET;THENCE NORTH 35'00'25"WEST,166.80 FEET TO A POINT OF TERMINUS ON THE NORTHWEST LINE OF SAID LOT 1 AND BEGINNING AT REFERENCE POINT 'A';THENCE SOUTH 89'56'25"WEST,143.00 FEET TO REFERENCE POINT '8';THENCE NORTH 00'03'35"WEST,98.19 FEET;THENCE NORTH 89'33'24"WEST,202.49 FEET;THENCE SOUTH 76 37'22"WEST,221.51 FEET TO A POINT OF TERMINUS AND BEGINNING AT REFERENCE POINT 'B';THENCE SOUTH 00 03'35"WEST,152.04 FEET TO REFERENCE POINT 'O';THENCE SOUTH 90 00'00"WEST,35.95 FEET;THENCE SOUTH 83 58'26"WEST,285.96 FEET TO A POINT OF TERMINUS AND BEGINNING AT REFERENCE POINT 'C';THENCE SOUTH 00'03'35"WEST,263.90 FEET;THENCE SOUTH 90 00'00"WEST,235.22 FEET;THENCE NORTH 27'02'42"EAST,113.56 FEET TO THE POINT OF TERMINUS AND CONTAINING 0.88 ACRES (38,391 SQUARE FEET). RETURN TO.CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITED,GRIMES,IA.50111,PH:369-4400 FAG 369-4410 EXHIBIT'A'-EASEMENT PLAT OWNER SOMERSET OAKS ONE LLC AN OHIO LIMITED LIABILITY COMPANY 23775 COMMERCE PARK,SUITE 7 BEACH WOOD,OH 441 22 GAS EASEMENT DESCRIPTION; A PART OF LOT I,SOMERSET OAKS PLAT I,AN OFFICIAL PLAT IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA DESCRIBED AS A 10.00 FOOT WIDE EASEMENT BEING 5.00 FEET QN BOTH SIDE OF THE FOLLOWING CENTERLINE; COMMENCING AT THE NORTHEAST CORNER OF SAID LOT I;1HENCE SOUTH 89'32'47 WEST ALONG THE NORTH LINE OF 5AID LDT I,A DISTANCE OF 4.20 FEET;THENCE WEST ALONG SAID NORTH LINE AND A CURVE CONCAVE SDUTH WHDSE RADIUS IS 740.00,WHOSE LENGTH IS 10.80 FEET AND WHOSE CHORD BEARS SOUTH 89'07'42 WEST,10 SO FEET TO THE POINT QF BEGINNING,T?IENCE SOU1H 00'03'35"EAST,364.00 FEET TO REF'ERENCE POINT 'AY THENCE SOUl?I 00'30'35"EAST,678.59 FEET;THENCE SDU1H 89'34'37'WEST,406 59 FEET;THENCE NORT?l 60'25 23"WEST,20.00 FEET,THENCE SOUTH 89'34'37"WEST,89313 FEET;THENCE NORTH 30'4W02"WEST, 17336 FEET;THENCE NORTH 22'24105'WEST,32.32 FEET:THENCE NORTH 28'09'59'IYEST.9886 FEET:THENCE NORTH 32'19'34 WEST,52.97 FEET;THENCE NORTH 35'00'25"WEST,166.80 FEET TO A POINT OF ERMINUS ON THE NORTHWEST LINE QF SAID LOT H AND ALSO BEGINNINC AT REFERENCE POINT 'AY THENCE SOUTH 89'55'25" WEST,143.00 FEET TO REFERENCE POINT'BB THENCE NORTH OD'0535 WEST,98.19 FEET;THENCE NORTH 89'3724'WEST,202.49 FEET,THENCE SOU1H 76'37'22'WEST,221.51 FEET TO A POINT OF TERMINUS AND ALSO BEGINNING AT REFERENCE POINT '81 1HENCE SOUTH 00'03'35 EAST,152.04 FEET TD REFERENCE POINT 'CL THENCE NORTH 90'00'00'WEST,35.95 FEET',THENCE SOUTH BZ51!'26'WEST,285.96 FEET TO A POINT OF TERMINUSI AND ALSO BEGINNING AT REFERENCE POINT CB THENCE SOUTH 00'03 35 EAST,263.90 FEET,THENCE NORTH 90'00 00"WEST,225.22 FEET;THENCE NORTH 27'02'42"WEST,113.56 FEET TQ A POINT OF TERMINUS AND CONTAINING 0.88 ACRES (38,391 SQUARE FEET). Fk.I 'LTD 51 15tk 002$0'601 501002 AS El I'MEDI 30" FILE DA'IEF 5/16/16 DATE PLDTIED.0/IE/016 2 22 Pll PLOIT D 5'I MIKE LEE 1 LOT 1 SOMERSET OAKS PLAT 1 501.002 EASEMENT PLATIYADEEE IDEACIVIL DESIGNADVANTAGE! 3105 S DRO SROAOS DRIVE . SUIT 0 OR IIAE R I 0'WA 501 I I Pk.15t5)360 1100 0 t 15 5)3630610 RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G,GRIMES.IA 50111,PH:369-4400 FAX.3694410 EXHIBIT 'A'-EASEMENT PLAT SCALE (FEET) 0 150 0 =0'50'I 0" L=I 0 BO R=740 00' CH=10.60 569'32'47'll 4 20 569'0/'42 I'I POINT OF BEGINI'IVC— 14E COII LOT I, SOMERSET OAX PCIVT OF CONGE ICEV'Nl Sp'03'35"E 384.00' S89'56'25"W 143.00' 676'37'22"W 221.51' 8+N89'33'24AW 202.49' o~ 'v7 Np"03'35"W 98.19' O~PO OV'QX-$0'03'35"E 152.04' 0 N90'00'00"W 35.95' 683'58'26"W 285.96' REFLRLI C POIVT '6' 10 00'— R FERENCE POINT 'A' 5364 3 0 N35'00'25 "W 166.80' Sp'03'35"E 263.90' N32'19'34AW 52.97 Ngp,pp,pp',W 035 22 N27'02'42"W 113.56' -REFERFVC POINT 'C' 10.00' 10,00'GAS EAS 'AENT AO ~a ~Q N28'09'59"W 98.86'Sp'03'35"E 678.59' N22'24'05"W 32.32'S89'34'37"W 406.59' N30'43'02"W 173.36' S89.3437 W 8913 1000'—, N60'25'23"W 20.00' AQ &OX OTv 0 205 TO 0 0 0 0 0 2 0 70.0 0 I 'I 4MIC 50534632332433133i362 CAS 6 ACLLV 4l42" FILE DAIS 5/16/I CA'IS 2 3 RD 3/16/26 6 2 I"AC PLD IED 61 CIKC LLL 2 LOT 1,346 5 CRCSSROAJS DRIVE,DJIT 0 SOMERSET OAKS PLAT 12EASEMENTPLAT„,.CIVIL DESIGN AOvAVTAGE PB (515)365JICC 5'ax,1515I 363 '413 150'002 'ACKS..ICCA'