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Home My WebLink About2019-03-18-J01Q Lot 3 Autumn Ridge Plat 1_Sanitary Sewer Easement AGENDA ITEM: J1Q CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 18, 2019 AGENDA ITEM: Consideration of approval of a resolution approving Public Sanitary Sewer Easement [Lot 3 of Autumn Ridge Plat 1] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The City Council approved a utility plan for some minor utility extensions within Lot 3 of Autumn Ridge Plat 1. As part of the improvements, a short segment of public sanitary sewer was extended and an easement is necessary for the City to access the sewer. The owner of the lot has agreed to provide the necessary easement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff would recommend approval. RECOMMENDATION: Approve the resolution ATTACHMENTS: I. Proposed Resolution II. Sanitary Sewer Easement PREPARED BY: Andy Kass, Senior Planner REVIEWED BY: THE CITY OF WAUKEE, IOWA RESOLUTION 19- APPROVING SANITARY SEWER EASEMENT ASSOCIATED WITH LOT 3 OF AUTUMN RIDGE PLAT 1 [CENTENNIAL DEVELOPMENT, LC] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, a final plat has been approved for Autumn Ridge Plat 1; AND, WHEREAS, it is necessary to acquire a sanitary sewer easement across Lot 3 of Autumn Ridge Plat 1. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 18th day of March 2019, that it hereby approves the sanitary sewer easement across Lot 3 of Autumn Ridge Plat 1 owned by Centennial Development, LC. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon WHEN RECORDED RETURN TO: City of Waukee, Clerk 230 W Hickman Rd Waukee, IA 50263 Preparer Information: Matthew M. Hurn, Wasker, Dorr, Wimmer and Marcouiller, PC, 4201 Westown Pkwy, Suite 250, West Des Moines, IA 50266 (MMH194) PUBLIC SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Centennial Development, LC, an Iowa Limited Liability Company of the City of Ankeny, County of Polk, State of Iowa, hereinafter referred to as “Grantor”, in consideration of the sum of one dollar ($1.00), and other valuable consideration, in hand paid by the City of Waukee, Iowa, receipt of which is hereby acknowledged, do hereby sell, grant and convey unto the City of Waukee, Iowa, a municipal corporation, in the County of Dallas, State of Iowa, hereinafter referred to as “Grantee” or “City”, a permanent easement under, through, and across the following described real estate: See Attached Exhibit ‘A’ – Easement Plat That the above described easement is granted unto the City of Waukee, Iowa for the purpose of constructing, reconstructing, repairing, replacing, enlarging, inspecting and maintaining the following public improvements: Public Sanitary Sewer 1. Erection and Placement of Structures, Obstructions, Plantings or Materials Prohibited. Grantor and its grantees, assigns and transferees shall not erect any fence or other structure under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City, nor shall Grantor cause or permit any obstruction, planting or material to be placed under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City. 2. Change of Grade Prohibited. Grantor and its grantees, assigns and transferees shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. The City shall have the right to restore any changes in grade, elevation or contour without prior written consent of the Grantor, its grantees, assigns or transferees. 3. Right of Access. 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 from property adjacent thereto as herein described, including but not limited to, the right to remove any unauthorized fences, structures, obstruction, planting or material placed or erected under, over, on, through, across or within the Easement Area , provided however, that such use by Grantee shall not unreasonably interfere with Grantor’s use and enjoyment of Grantor’s property, including the Easement Area. 4. Property to be Restored. The City shall restore the Easement Area after exercising its rights hereunder, provided, however, that the City’s duty of restoration shall be limited to grading and replacing grass, sod or any other ground cover (but not including any structures, trees, or shrubs). The City shall not be responsible for any construction, reconstruction, replacement, repair or maintenance of any improvements located within the Easement Area (other than the public sanitary sewer facilities). 5. Liability. Except as may be caused by the negligent acts or omissions of the City, its employees, agents or its representatives, the City shall not be liable for injury or property damage occurring in or to the Easement Area, the property abutting said Easement Area, nor the property damage or any improvements or obstructions thereon resulting from the City’s exercise of this Easement. Grantor agrees to indemnify and hold City, its employees, agents and representatives harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent or intentional acts or omissions of Grantor o r its employees, agents or representatives. 6. Easement Benefit. This easement shall be for the benefit of the City, its successors and assigns, and its permittees and licensees. 7. Easement Runs with Land. This Easement shall be deemed perpetual and to run with the land and shall be binding on Grantor and on Grantor’s heirs, successors and assigns. 8. Approval by City Council. This Easement shall not be binding until it has received the final approval and acceptance by the City Council by Resolution which approval and acceptance shall be noted on this Easement by the City Clerk. That the Grantor does hereby covenant with the said Grantee, and successor -in-interest, that said Grantor holds said real estate by title and fee simple; that it has good and lawful authority to sell and convey the same; that said premises are free and clear of all liens and encumbrances whatsoever, except as may be herein stated; that said Grantor covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever, except as may be herein stated. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Signed this _____ day of March, 2019, Centennial Development, LC ________________________ Jennna Kimberley, Vice-President STATE OF IOWA, COUNTY OF POLK, ss: On this _____ day of March, 2019 before me, the undersigned, a Notary Public in and for said County and State personally appeared Jennna Kimberley, to me personally known, who being by me duly sworn, did say that she is Vice-President, executing the within and foregoing instrument and acknowledged that she executed the same as her voluntary act and deed of the Centennial Development, LC, by it and by her voluntarily executed. ___________________________________________ Notary Public in and for the State of Iowa