HomeMy WebLinkAbout2017-03-06-J01T Sign Agr_300 E Hickman Rd AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 6, 2017
AGENDA ITEM: Consideration of approval of a resolution approving an Agreement
Concerning Construction of a Monument Sign [300 E. Hickman Road].
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The owners of property located at 300 E.
Hickman Road desire to place a monument sign within a portion of a
storm sewer easement.
Staff has reviewed the proposed monument sign request and feels
comfortable that the proposed monument sign will not adversely impact
access to the easement.
The attached Monument Sign Agreement specifies the property owner’s
maintenance responsibilities and requirements for removing the
monument sign in the future if required by the City. This document will
be recorded with Dallas County and become a part of the official records
for this property and will remain fully enforceable should the property
sell in the future.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the Agreement
Concerning Construction of Monument Sign.
RECOMMENDATION: Approve the Resolution
ATTACHMENTS: I. Proposed Resolution
II. Agreement
PREPARED BY: Andy Kass, Senior Planner
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF A
MONUMENT SIGN [300 E. HICKMAN ROAD]
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, CENTRAL BANK, is the owner of Lot 1 in Waukee Central (“Property Owner”);
AND,
WHEREAS, the Property Owners are desirous of installing a monument sign on the property;
AND,
WHEREAS, Phyllis Hinkson, predecessor in title to the Property Owner, granted that certain
perpetual easement and right-of-way, recorded in Book 2003, Page 6468, (collectively the
“Easement”) AND,
WHEREAS, Waukee Central, LLC, an Iowa limited liability company, predecessor in title to
the Property Owner, granted that certain Storm Sewer Easement, recorded in Book 2016, Page
16291, (collectively the “Easement”) AND,
WHEREAS, the monument sign is intended to be erected within a portion of the Easement;
AND,
WHEREAS, the Easement prohibits the Property Owners from locating any monument sign or
other structure within the Easement area without the written consent of the City of Waukee;
AND,
WHEREAS, the City of Waukee is agreeable to the construction of a monument sign within a
portion of the Easement area pursuant to the terms of the Agreement Concerning Construction of
Monument Sign.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa on
this 6th day of March, 2017 that the Agreement Concerning Construction of Monument Sign in
connection with the Property is hereby approved and accepted by the City of Waukee, and the
City Clerk is hereby authorized to file such first amendment to easement with the Dallas County,
Iowa Recorder.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R. Lyon
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Andrew A. Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF MONUMENT SIGN [300 E.
HICKMAN ROAD]
This Agreement of Consent (“Agreement”) is entered into by and between CENTRAL
BANK, (the “Property Owner”) and the CITY OF WAUKEE, IOWA, a municipal corporation
(hereinafter called “City”).
WHEREAS, Property Owner owns that property legally described as:
Lot 1 of Waukee Central, City of Waukee, Dallas County, Iowa
WHEREAS, Phyllis Hinkson, predecessor in title to the Property Owners, granted that
certain perpetual easement and right-of-way, dated March 31, 2003, recorded on April 11, 2003,
in Book 2003, Page 6468, (the “Easement”) to the City, which prohibited the construction of
permanent improvements within the Easement area, as such real estate is described on Exhibit A,
attached hereto and incorporated herein by this reference (hereinafter called "Easement Area"),
without the consent of the City.
WHEREAS, Waukee Central, LLC, an Iowa limited liability company, predecessor in
title to the Property Owners, granted that certain Storm Sewer Easement, dated August 22, 2016,
recorded on September 2, 2016, in Book 2016, Page 16291, (the “Easement”) to the City, which
prohibited the construction of permanent improvements within the Easement area, as such real
estate is described on Exhibit A, attached hereto and incorporated herein by this reference
(hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a monument sign on a portion of the
Property that is located within the Easement Area, and the City has agreed to consent to the
erection of such monument sign on a portion of the Property that is located within the Easement
Area, subject to the conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1. CITY CONSENT TO ERECTION OF MONUMENT SIGN. The Easement
prohibits Property Owners from locating any monument sign or other structure under, over, on,
through, across or within the Easement Area without obtaining the prior written consent of the
City. Property Owners desire to construct a monument sign on a portion of Property that is
located within the Easement Area at the location identified on Exhibit B, attached hereto and
incorporated herein by this reference. The City hereby consents to the construction of the
monument sign at the location identified on Exhibit B, within the Easement Area subject to, and
conditioned upon, the provisions of this agreement.
2. MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the sanitary sewer and
storm sewer line, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the monument sign or any improvements or structure located on the
Property within the Easement Area. Property Owners further understands and agrees that upon
30 days written notice from the City, Property Owners shall remove the monument sign and
associated material from the easement area, and restore the easement area to its state prior to the
installation of the monument sign, at property owners sole cost and expense.
3. NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific monument sign and location provided herein. The Property Owners are aware of the
terms of the Easement and understands that the consent afforded herein does not alter or
otherwise change Property Owners responsibilities as more particularly set forth in the easement
in any way.
4. HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns 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(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the monument sign within the easement area.
5. RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6. APPROVAL BY CITY COUNCIL. This Agreement 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 Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
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 ___ day of ______________, 2017.
PROPERTY OWNER
________________________________
CENTRAL BANK
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2017, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared CENTRAL BANK, to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2017, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2017, and that William F. Peard and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PERPETUAL EASEMENT & RIGHT-OF-WAY LOCATED IN WAUKEE CENTRAL, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A STORM SEWER EASEMENT LOCATED IN WAUKEE CENTRAL, AN OFFICIAL PLAT
IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT B
LOCATION OF FENCE
= Monument Sign Location