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HomeMy WebLinkAbout2019-06-26-D01E Sanitary Sewer Easement - Prairie Crossing Plat 7 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 26, 2019 AGENDA ITEM: Consideration of approval of a resolution approving a Public Sanitary Sewer Easement [Prairie Crossing Plat 7] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: It was brought to staff’s attention that the existing sanitary sewer easement within Prairie Crossing Plat 7 did not extend to the adjoining property line. An additional easement is being proposed to address the problem. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution ATTACHMENTS: I. Proposed Resolution II. Proposed Easement PREPARED BY: Brad Deets, Development Services Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: D1E THE CITY OF WAUKEE, IOWA RESOLUTION 19- APPROVING PUBLIC SANITARY SEWER EASEMENT IN PRAIRIE CROSSING PLAT 7 [ALICES, L.C.] 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, on December 17, 2018, the Waukee City Council approved a final plat for Prairie Crossing Plat 7 (Resolution #18-517); AND, WHEREAS, it is necessary to acquire a sanitary sewer easement across Outlot Z of Prairie Crossing Plat 7. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 26th day of June 2019, that it hereby approves the public sanitary sewer easement in Prairie Crossing Plat 7. ____________________________ 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 PUBLIC SANITARY SEWER EASEMENT Recorder’s Cover Sheet Preparer Information: (name, address and phone number) Stuart Ruddy Knapp Properties, L.C. 5000 Westown Parkway, Suite 400 West Des Moines, IA 50266-5921 (515) 222-5234 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: Alices, L.C. Grantee: City of Waukee, Iowa - 2 - SANITARY SEWER EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, ALICES, L.C., an Iowa limited liability 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 WAUKEE, IOWA, a municipal corporation (hereinafter referred to as “the City”), a permanent and perpetual easement (hereinafter referred to as “Sanitary Sewer Easement” or “Easement(s)”) and right-of-way upon, over, under, through and across the real property legally described as: SEE EXHIBIT “A” ATTACHED HERETO (hereinafter referred to as the “Easement Area”) 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating sanitary sewer(s) (hereinafter referred to as “Sewer(s)”) 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 additional Sewer(s) therein or to connect and/or join Sewer(s) and appurtenances thereto) and to forever maintain Sewer(s) 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. After the initial construction of the Sewer(s), and acceptance by the City, the City agrees, as part of the reconstruction, maintenance and patrolling of the Sewer(s), 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, 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. - 3 - 4. 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 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. Running 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 Alices, L.C., an Iowa limited liability company, their heirs, assigns, successors-in- interest, or lessees, if any. - 4 - 10. Attorney’s Fees. 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. Integration. 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. Paragraph Headings. 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. [Signatures on Following Pages] - 5 - Signed this ______ day of June, 2019 GRANTOR ALICES, L.C. an Iowa limited liability company By: WEST LAKES PROPERTIES, L.C. an Iowa limited liability company Member By: William C. Knapp, L.C. an Iowa limited liability company Member By: ___________________________ Gerard D. Neugent, Manager By: Farm Bureau Life Insurance Company an Iowa corporation Member By: __________________________ Brent Mathisen Investment Vice President – Real Estate By: JSC PROPERTIES, INC. an Iowa corporation Member By: _____________________________ Paul D. Hayes, President - 6 - ACKNOWLEDGMENTS STATE OF IOWA ) )ss: COUNTY OF DALLAS ) The foregoing record was acknowledged before me on this _____ day of June, 2019, by Gerard D. Neugent, Manager of William C. Knapp, L.C., as Member of West Lakes Properties, L.C., as Member of Alices, L.C. ________________________________ (Stamp or Seal) Notary Public STATE OF IOWA ) )ss: COUNTY OF DALLAS ) The foregoing record was acknowledged before me on this ______ day of June, 2019, by Brent Mathisen, the Investment Vice President – Real Estate of Farm Bureau Life Insurance Company, as Member of West Lakes Properties, L.C., as Member of Alices, L.C. ________________________________ (Stamp or Seal) Notary Public STATE OF IOWA ) )ss: COUNTY OF DALLAS ) The foregoing record was acknowledged before me on this ______ day of June, 2019, by Paul D. Hayes, the President – JSC Properties, Inc., as Member of Alices, L.C. ________________________________ (Stamp or Seal) - 7 - CITY OF WAUKEE ____________________________ William F. Peard, Mayor Attest: ____________________________ Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _____ day of __________________, 2019, 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. ______________________________ Notary Public in and for the State of Iowa - 8 - EXHIBIT A LEGAL DESCRIPTION THE SOUTH 12.5’ OF OUTLOT ‘Z’ PRAIRIE CROSSING PLAT 7, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA.