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Home My WebLink About2016-10-03-Resolutions 16-424_Alice Patricia Homes - Public Utility EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 16-424 APPROVING PUBLIC UTILITY EASEMENT [ALICE PATRICIA HOMES] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that the Public Utility Easement accepted with the final plat for Alice Patricia Homes was not large enough to accommodate a gas main;AND, WHEREAS,an additional Public Utility Easement is necessary for the gas main installation; AND, WHEREAS,said easement shall be located on a portion of the property associated with Alice Patricia Homes 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 3"day of October,2016,that it hereby approves the Public Utility Easement associated with Alice Patricia Homes,with payment made by the City to property owner(s)Jerry's Homes,Inc., in the amount of $1.00. illia .P d,Ma or 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 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllIIII Doc ID:006940660008 TYpe:EASE Recorded:10/io/2016 at 08:34:58 Art Fee Amt:$42.00 Page 1 of 8 Dallas CountY Iowa Chad C.Airhart RECORDER Files -2016 F019539 PUBLIC UTILITY KASKMKNT Recorder's Cover Sheet Preparer Information:(name,address and phone number) Jerry's Homes Inc. Jay Cowan,Director of Land Development 10430 New York Ave.Suite C Urbandale,Iowa 50322 —)Return Document to:(name and complete address) City of Waukee,Iowa Rebecca Schuett,City Clerk 230 W.Hickman Road Waukee,Iowa 50263 Grantor:Jerry's Homes Inc. Grantee:City of Waukee,Iowa PUBLIC UTILITY KASKMKNT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1.Grant of Easement s The undersigned,Jerry's Homes Inc. an Iowa Company (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 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 Pu 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,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,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 o f 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,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 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.R~it 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 fiom 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 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. 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 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 Jerry's Homes Inc.,their heirs, assigns,successors-in-interest,or lessees,if any. 1 ~.A~tt FF 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 a 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 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. Signed this 20 day of September ,2016 . JERRY'S HOMES INC.CITY OF WAUKEE Rona d R.Grubb,President Attest:Attest: Willia F.Peard,May Jay C an,Director of Land Dev.Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF POLK ) On this ~day of ,20 l,4,before me,the undersigned, a Notary Public in and for said County and the State of Iowa,personally appeared cr )8 8,A~V,to me personally known,who being by me duly sworn,did say that that person is '5 ~W of the corporation executing the foregoing instrument;that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured by the corporation)and that the instrument was signed (and sealed)on behalf of the corporation by authority of its Board of Directors;that 6,44 acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily executed. e~JAMES J.COWAtiI r Commission Number 795490 My Commission Expires Aprtt e,Zot9 No ry Public t d for the State of Iowa STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this 5 day of CCl ,20~1,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 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. KATHRYN E.PURVIS ~Commmsion Number 79451 3''4." My Commission Expires February 10,2019 Not ry Public in d for the State of Iowa EXHIBIT A LEGAL DESCRIPTION GAS EASEMENT THE EAST 10.00 FEET OF THE WEST 20.00 FEET OF LOT 1,LOT 5,LOT 6,LOT 7,LOT 8,AND LOT 12,ALICE PATRICIA HOMES,AN OFFICIAL PLAT IN THE CITY OF WAUKEE,DALLAS COUNTY, IOWA. 6 9 e '046 EI/ 27 Igg NE BOSTON PARKWAY RICAH I44CE EHERC SE I /49-Zg EC gc SSM3827NI 721.45'(M) S89 5813 N 721 45(R) 4ec gg CHESS07,(C Cg I"5' (47 Ogo3 Vc STREET LOT'8' 868" L I-."1l-L ——-„--„-„--„;„—,--8 6 -*6 m0 mZ CI DDR 8: L 4 ECH 48 8 I 8 I 8 Ig8 4)8 7.7 8 208 0oog,7 0 060 0'00 F Em z m N.,D 8 O m 8 0 O 8 !j.. 8 g oo om 00IggAT2+ 0 og og c do 0 8, I IR. 8181 SIREET LOT C 8 N89'34'37"E 721 46(M)NP PELLWOPO OR)VE gg N89'56'23"E 721 4e(R) 4NDING AAT SH4909 SEC 2 EI/4 LCNEI/4 N CREEK I 27-Tg FINAL PLAT „77 m CIVIL DESIGN ADVANTAGE ENGINEER EKO El '4MM