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Home My WebLink About2017-07-10-J01V I80 West Industrial Park Easement_Painted Woods Devky.6 Waukee `1W1; THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 10, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Public Utility Easement related to the I-80 West Industrial Park Lift Station & Watermain Extension Project (Painted Woods Development, LC) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is required for the I-80 West Industrial Park Lift Station and Watermain Extension Project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $1.00 COMMISSIONIBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. Easement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson �l PUBLIC NOTICE INFORMATIO — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING PUBLIC UTILITY EASEMENT(S) RELATED TO THE I-80 WEST INDUSTRIAL PARK LIFT STATION AND WATER MAIN EXTENSION PROJECT [PAINTED WOODS DEVELOPMENT, LC] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, 10WA 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 for the purpose of construction of the I-80 West Industrial Park Lift Station and Water Main Extension Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by Painted Woods Development, LC, and legally described as referenced in Exhibit A, Easement Area, of the Public Utility Easement(s) which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this I Ot" day of July, 2017, that it hereby approves the Public Utility Easement(s) related to the I-80 West Industrial Park Lift Station and Water Main Extension Project [Painted Woods Development, LC] in the amount of $1.00. 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 Prepared be and Return iw Tro%isJ Paul Veensrn.0 Kamm Inc It it Ill lPawnIl Plo%� AC'csi Des llo i Iles. toe a?U'69�sls -HIlIln PUBLIC UTILITI' EASEIb'IENT(S) KNOW TO ALL MEN BY THESE PRESENTS: Grant ol'Easament(s). The undersigned, Painted Woods Development, LC, (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of One and 001100 Dollars (y 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 'Public Utility Easement" or "Easement(s)") and right-of-way upon, over, under, through and across the real property legally described as: Perpetual Easement A perpetual public utility easement located in Outlot "Y" of Painted Woods West Plat 1, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa. Said perpetual easement being more particularly described as follows: The South 30.00 feet of said Outlot "Y". Containing 30,666 square feet, more or less. Temporary Easement A temporary constuction easement located in Outlot "Y" of Painted Woods West Plat 1, an Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa. Said temporary easement being more particularly described as follows: The North 30.00 feet of the South 60.00 feet of said Outlet "Y". Containing 31,015 square feet, more or less. Page 1 of 4 2. Use and Pumose orEasemenus This Easement shall be granted for the purpose of locating public utilities (hereinafter referred to as "Utilities") 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 Utilities therein or to connect and/orjoin Utilities and appurtenances 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. The temporary easement shall be for a 12 month period, or until the end of construction, at which time said temporary will cease and terminate. 3. Maintenance. After the initial construction of the Utilities, and acceptance by the City, the City agrees, as part of the reconstruction, maintenance 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 Gramor(s), 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; any subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor(s) at the Grantor(s)' sole expense. 4. Rion 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 Gramor(s) 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 Gramor(s) arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6. Rumrina 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 and are binding upon and inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. Page 2 of 4 7. Jurisdiction and Venue. The City and the Grantor(s) 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(s)" shall refer to Painted Wotnls Development, LC, their heirs, assigns, successors -in -interest, or lessees, if any. 10. Attorney's Pees. 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. II. 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 Grantor holds said real estate described in this Easement Area by title in fee simple; that Grantor has good and lawful authority to convey the same; and said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the lawful 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 acknowledgement hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Page 3 of 4 Dated thisday of20 / % . Painted Woods Development, LC City of Waukee William F. Peard, Mayor Attest: Attest: - - Pe on and Tim Moerman, City Administrator STATE OF IOWA ) SS: COUNTY OF DALLA ) On this ' day of , 20 /7 before me, the undersigned, a Notary Public in and for said count and state, personally appeared 16�jJ i4tn B. �m le to me personally known, who, being by me duly swom, did state that they are the ANQgey of An id corporation; that no seal has been procured by the said corporation; that said instrument was signed I Io on behalf of said corporation by authority of its Board of Directors; and that said ill ice im as such officer acknowledge the execution of said instrument to be the voluntary act and deed o f said corporation, by it and by him voluntarily executed. IMARY F SUHR Commission Number 119M My commission Expires Notary Public i and fc he State of lsiWa August 31, 20 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this day of , 20__ , before me, the undersigned, a Notary Public in and for said County and State personally appeared William Peard and Tim Moerman, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Administrator 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 Page 4 of 4 PREPARED BY: VEENSTRA & KINK INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES. IOWA 50266-1320 - W5) 225-8000 EASEMENT DRAWING ADDREss: OWNER: FOR PUBLIC UTILITIES 695 INDIAN RIDGE OR PAINTED WOODS FOR THE CITY OF WAUKEE, IA WAUKEE, IA 50263 DEVELOPMENT, L.C. PARCEL ID: 1608303019 fe 1 107 \ -O 5 1 1 �_—__ —_—T 16 ' . '-' �— DRIVE - -��"� � � Rio,__---------� off.- �I( n wl >I OUTLOT 'Y" J al J O£ i 000 \ NORTH41.90' (M&R) nTSOUTH OGp \ SOUTH 30.00' t 1 50 \ I PARCEL 68 G9— r — _ BK2016 P�968 --- SE CORNER ) I OUTLOT "Y" SW CORNER 53 (M&R) OUTLS63.39'25°W(M&R) 1,311. SE CORNER' NW 1/4—SWS/4 SEC 8-78-26 SW CORNER NW 1/4—SW1/4 SEC 8-78-26 LEGEND (M) "AS MEASUREC" DISTANCE OR BEARING OR) "AS RECORDED' DISTANCE 1"=200' OR BEARING 30.656UAL SQUAREEMENT FEET 0 200 400 NORTH TEMPORARY EASEMENT 31,015 SQUARE FEET IEY 1 Ofi-1}I); COPHICIE➢ pnlf'19XIV 604E V-200. — - PUBLIC UTILITY IN OUTLOT "Y" WOODS WEST EASEMENT PAINTED PLAT 1 DWG. ND. REV 1 E —1 F.1 F,. DATE 04-27-17 i�A/srxn & IOMM INC. 3400 w P kA wex ow nnana, bn�SO:S61320 1 OF 1 YRgleOT 2)s20s �.e. / 5/53TiS000 • Sj,,I Sb IFAV S00.MId0001WATST