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Home My WebLink About2017-09-05-J01K I-80 West Industrial Park Lift Station, Water Main_Easement_Scaglionefflo V/aukee 1■f I THE KEY TO GOOD WING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 5, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Public Utility Easement related to I-80 West Industrial Park Lift Station and Water Main Extension Project [Frank A Scaglione and Melba L. Scaglione] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is necessary for the installation of the I-80 West Industrial Park Lift Station and Water Main Extension project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $1.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson/Rudy Koester REVIEWED BY: John Gibson // PUBLIC NOTICE INFORMATION NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING PUBLIC UTILITY EASEMENT(S) RELATED TO THE 1-80 WEST INDUSTRIAL PARK LIFT STATION AND WATER MAIN EXTENSION PROJECT [FRANK A. SCAGLIONE AND MELBA L. SCAGLIONE] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE, IOWA 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 Frank A. and Melba L. Scaglione 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 5"' day of September, 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 [Frank A. Scaglione and Melba L. Scaglione] 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 Prenared by and Retum to: Travis J P=L Veenstra & Kimm Inc 3000 Westown Pkwv West Des Moines Iowa 50266 (5151225 8000 PUBLIC UTILITY EASEMENT(S) KNOW TO ALL MEN BY THESE PRESENTS: Grant of Easement(s). The undersigned, Frank A. Scaglione and Melba L. Scaglione, husband and wife, (hereinafter referred to as the "Grantor(s)"), of the City of Waukee, Dallas County, Iowa, in consideration of the sum of One and 00/100 Dollars ($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: The Southeast 1/4 of the Southeast 1/4 of Section 7, Township 78 North, Range 26 West of the 5' P.M., Dallas County, Iowa, lying North of Interstate Highway 80. Perpetual Easement The West 10.00 feet of the East 50.00 feet of the North 70.00 feet of said Southeast 1/4 of the Southeast 1/4. Containing 705 square feet, more or less. Temporary Easement The West 20.00 feet of the East 70.00 feet of the North 70.00 feet of said Southeast 1/4 of the Southeast 1/4. Containing 1,409 square feet, more or less. Page 1 of 4 2. Use and Purpose of Easement(s). 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/or join 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 Grantor(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. Riaht 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(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 Grantor(s) arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6. Runnine 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 Frank A. Scaglione and Melba L. Sca lg ione, their heirs, assigns, successors -in -interest, or lessees, if any. 10. Attorneys'. 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. Inte arg lion 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 this day of Frank A. Sca<glione and Melba L. Scaalione �k4 'j- _-"eg5-1z Fr�glione Melba L. Scaglione Attest: STATE OF IOWA ) ) SS: COUNTY OF DALLAS ) 20 City of Waukee William F. Peard, Mayor Attest: Tim Moerman, City Administrator STATE OF IOWA ) SS: COUNTY OF DALLAS ) On the ,,�� day of W u a d -S �- 20-7, before me, the undersigned, a Notary Public in and for the State of / personally appeared ICA-n I < F} . �a�� c, l di1s113d [..4y./ra to me known to be the identical person(s) named in and who executed the foregoing instrum nt, and knowledged that (he) (she) (they) executed the instrument as (his) (her) (their) volunt a d l' OBERB IG o ary Pu lic in and for the State of Iowa K ROSERTi SM151082APRIL 13 2019 3 On the day of 20. before me, the undersigned, a Notary Public in and for the State of personally appeared to me known to be the identical person(s) named in and who executed the foregoing instrument, and acknowledged that (he) (she) (they) executed the instrument as (his) (her) (their) voluntary act and deed. Notary Public in and for the State of Iowa Page 4 of 4 PREPARED BY: YEENSTRA 6 KINK INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-80001 OWNEFC FRANK A. SCAGLIONE MELBA L. SCAGLIONE BOOK 2016 PAGE 22896 PARCEL ID: 1608300015 PA. T ' a! O L° 4� EASEMENT DRAWING FOR PUBLIC UTILITIES FOR THE CITY OF WAUKEE, IA EAST 50. WEST 2 EAST 70.00'� NORTH 70. 00' EAST —.4 C.-- U) 30.00' 1 I o R7 I W EXISTING I I ru PERPETUAL PUBLIC UTILITY ( s EASEMENT I I a BK2017 P615045 I 0 I D A I ?IS, c SE SE 1/ SEC LEGEND ♦ SECTION (M) "AS MEASURED" DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING PERPETUAL EASEMENT 705 SQUARE FEET ®TEMPORARY EASEMENT 1.409 SQUARE FEET K� ,._M. mw TJ OOS WEST PLAT 1 OUTL07 "Y" M6R) 3'3 ' 2 "W 1M6R1 1_311.53_� -- PARCEL 17-5 _ BK2015 Pg966 " E CORNER ENE CORNER SW 1/4-SW1/4 SE 1/4-SE1/4 SEC 7-78-26 SEC 8-78-26 5W 9 A P� 5EG 1"=200' NORTH 0 200 400 PUBLIC UTILITY EASEMENT DWB. NC IN SE 1/4 - SE 1/4 SEC 7-7B-26 E-3 VffNSTRA & IOMAI, INC vaoo�wwnnkw.y xaeo.,ra. n .w�ssT W v + SI Mu'V SiSi]d 16/O ffAD • 1OP2411000�WAT51 ppglEtT M]2B5