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Home My WebLink About2016-03-07-J01L Westown-R22 Storm Sewer Easement - Bean► ►� Waukee f■�1 THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 7, 2016 AGENDA ITEM: Consideration of approval of a resolution approving and accepting Public Storm Sewer Easement in the amount of $3,500.00 related to the Westown Parkway/R-22 Intersection Improvement Project (Andrew and Lisa Bean) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: A Public Storm Sewer Easement for storm sewer infrastructure is required once the Westown Parkway/R-22 Intersection Project is completed. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $3500 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. Easement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson , PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA 17 D[.Ylfl[i III (1)►�G� APPROVING PUBLIC STORM SEWER EASEMENT RELATED TO THE WESTOWN PARKWAYS-22 INTERSECTION IMPROVEMENT PROJECT [ANDREW AND LISA BEAN] 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 Storm Sewer Easement is necessary for the purpose of construction of the Westown Parkway/R-22 Intersection Improvement Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by Andrew and Lisa Bean, and legally described as referenced in Exhibit A, Easement Area, of the Public Storm Sewer Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 7t' day of March, 2016, that it hereby approves the Public Storm Sewer Easement related to the Westown Parkway/R-22 Intersection Improvement Project, with payment made by the City to property owner(s) Andrew and Lisa Bean in the amount of $3,500.00. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Shane Blanchard Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson PUBLIC STORM SEWER EASEMENT Recorder's Cover Sheet Preparer Information: (name, address and phone number) Brad Deets, Development Services Director City of Waukee 230 W Hickman Road Waukee, Iowa 50263 (515) 978-7899 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Grantor: JWET Family Limited Partnership Grantee: City of Waukee, Iowa STORM SEWER EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned, JWET Family Limited Partnership, (hereinafter referred to as the "Grantor"), in consideration of the sum of Three Thousand Five Hundred ($3,500.00) 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 "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") for the purpose of locating storm 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 the Easement Area 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 Area. This Easement shall be subject to the following terms and conditions: 1. Erection of Structures Prohibited. Grantor and its successors and assigns shall not erect any structure, building, or fence over or within the Easement Area without obtaining prior written consent of the City. 2. 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 Main(s), to restore and replace the Easement Area 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. Any 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. Change in Grade Prohibited. Grantor and its successors and assigns shall not change the grade elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 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. Grantor, subsequent property owners, their successors and assigns agree 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. Easement Runs With Land. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's heirs, successors and assigns. 7. Jurisdiction and Venue. The City and the Grantor agree the District Court in and for 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. Attorney's Fees. The City may enforce this Easement 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. 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. 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 ?k day of r., vb. 12016. JWET FAMILY LIMITED PARTNERSHIP By: Name: / 441i/ Title: By: ®l.t — NamC�C6 i Y7 Title: ! —kAj STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this clefhday of , 2016, before me, the undersigned, a N tary Publi�in and for said County and the State of Iowa, personally appeared to me personally known, who being by me duly sworn, did say that that person is of the partnership executing the foregoing instrument; that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured by the corporation) and that the instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; that acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him volunt,tt xecuted. By eF BETH RICHARDSON Printed Name: r� � Commission Number 701731 My on urea Notary Public in and for the State of Iowa ow STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this day of 4�-MQX-y 2016, before me, the undersigned, a otary—. ublic in and for said County d the State of Iowa, personally appeared , , to me personally known, who being by me duly sworn, did say that that person is of the partnership executing the foregoing instrument; that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured by the corporation) and that the instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; that acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him oluntariiy-e recut?d. RW Printed Name:Nota Public in and for the State of Iowa n' ACCEPTANCE BY CITY OF WAUKEE, IOWA CITY OF WAUKEE, IOWA, an Iowa municipal corporation William F. Peard, Mayor of the City of Waukee, Iowa Lo Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this day of 2016, 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. By: Printed Name: Notary Public in and for the State of Iowa EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION PARCEL 2 PERMANENT EASEMENT: A A PARCEL OF LAND LYING ENTIRELY WITHIN AND BEING A PART OF LOT 2 GOVERNMENT LOT 12 AND LOT 13, SECTION 5, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5rH P.M. AS SHOWN ON SURVEY PLAT RECORDED IN BOOK 729, PAGE 900, NOW IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF PARCEL "D" PART OF GOVERNMENT LOT 13, SECTION 5, TOWNSHIP 78 NORTH, RANGE 26 WEST AS SHOWN ON PLAT OF SURVEY RECORDED IN BOOK 2002, PAGE 207; THENCE NORTH 00040-17" EAST, ALONG THE EAST LINE OF SAID GOVERNMENT LOT 12, FOR A DISTANCE OF 106.72 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE COUNTY ROAD, AS PRESENTLY ESTABLISHED, AND ALSO THE POINT -OF -BEGINNING; THENCE SOUTH 80008'16" WEST, FOR A DISTANCE OF 3.25 FEET; THENCE NORTH 28'15-41" WEST, FOR A DISTANCE OF 46.58 FEET; THENCE NORTH 61044-19" EAST, FOR A DISTANCE OF 29.40 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2, GOVERNMENT LOT 12 AND LOT 13; THENCE SOUTH 00°40'17" WEST, ALONG SAID EAST LINE, FOR A DISTANCE OF 54.40 FEET TO THE POINT -OF -BEGINNING. CONTAINING 772 SQ.FT. 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