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Home My WebLink About2016-05-02-J01zEE Westown Improvements Water Main Easement_AldrichNO* Woukee ' ' jJ* r THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 2, 2016 AGENDA ITEM: Consideration of approval of a resolution approving Public Water Main Easement related to the Westown Parkway/R-22 Intersection Improvement Project (Stewart and Marilyn Aldrich) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The Westown watermain will be constructed outside the existing right-of-way but within the future right-of-way. The Public Watermain Easement is required during that period. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: PREPARED BY: REVIEWED BY: Easement Beth Richardson John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING PUBLIC WATER MAIN EASEMENT RELATED TO THE WESTOWN PARKWAY IMPROVEMENTS [STEWART AND MARILYN ALDRICH] 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, it has been determined that a Public Water Main Easement is necessary for the purpose of construction of certain improvements to Westown Parkway by Hubbell Metropolitan Development Fund I, LLC, Series E, as part of Glynn Village Plat 10 improvements; AND, WHEREAS, said easement shall be located on a portion of the property owned by Stewart and Marilyn Aldrich and legally described as referenced in Exhibit A, Easement Area, of the Public Water Main Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 2°d day of May, 2016, that it hereby approves the Public Water Main Easement related to Westown Parkway Improvements, with payment made by the City to property owner(s) Stewart and Marilyn Aldrich in the amount of $1.00. Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson William F. Peard, Mayor AYE NAY ABSENT ABSTAIN PUBLIC WATER MAIN EASEMENT Recorder's Cover Sheet Preparer Information: (name, address and phone number) Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: Stewart and Marilyn Aldrich Grantee: City of Waukee, Iowa PUBLIC WATER MAIN EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned, Stewart and Marilyn Aldrich, (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 "Easement") 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 and maintaining a water main (hereinafter referred to as "Water Main") 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 Water Main therein) and to forever maintain the Easement 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 Water Main, and acceptance by the City, the City agrees, as part of the reconstruction, maintenance and patrolling of the Water Main, 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. #1478238 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 15 day of Perf t, 2016. Stewart Aldrich YK Marilyn Aldrich 2- STATE OF IOWA ) ) SS COUNTY OF ) On this - L15— day of R®ri L , 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared STEWART ALDRICH, to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that these persons executed the instrument as the volutes of the persons. p,IAL , ®ET{ RICHARDSON 2s Commission Number 701731 My Commission Expires STATE OF IOWA ) SS COUNTY OF ) Notary Public in and for the State of Iowa My Commission expires 15 {(� On this day of A Pn-1, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared MARILYN ALDRICH, to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that these persons executed the instrument as the voly.�cts of the persons. a. LS SETH RICHARDSON I' g Commission Number 701731 '� My Commission Expires owa Notary Public in and for the State of Iowa My Commission expires CDl 1:5/ -3- ACCEPTANCE BY CITY OF WAUKEE, IOWA CITY OF WAUKEE, IOWA, an Iowa municipal corporation By: William F. Peard, Mayor of the City of Waukee, Iowa By: 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. Printed Name: Notary Public in and for the State of Iowa 4- EXHIBIT A LEGAL DESCRIPTION EASEMENT EXHIBIT WATER MAIN EASEMENT CENTERLINE ROAD NE CORNER PER SURVEY IN 312th PLACE GOUT LOT 14 BK 2002. PG 207 (SE WESTOWN PARKWAY r33' EXISTING 1 R1 IGHT—OF—WAY �— — 50000'C 111___ �— iJ _ N85'01'03'E 17?.IBI — -- ` 174.57' NOO'OO'00� 583'4357'W IZ66' WATER MAIN EASEMENT N 175' E 175' GOV'T LOT 14 PARCEL "C" (8K 2002, PG 207) OWNER OF RECORD_ Stewart de Marlyn Aldrich 31450 312th Place Waukee. IA 50263 PARCEL "AA" (BK 2012, PG 9051) FASEMENT DESCRIPTION That part of the North 175 feet of the East 175 feat of Government Lot 14 in Section 5, Township 78 North, Range 26 Weal of the 5th P.M., now included In Dallas County. Iowa, being more particularly described as follows: Commencing at the Northeast comer of said Government Lot 14, thence 500'00-00"E, 33.13 feet along the East line of sold Government Lot 14 to the Paint of Beginning; thence continuing S00'00'O0"E, 8.69 feet along the East line of said Government Lot 14'. thence S83'43'17"W. 174.57 feet to the West line of the North 175 feet of the East 175 feet of said Government Lot 14; thence N00'00'DO"E, 12.66 feet along the West line of the North 175 feet of the East 175 feet of sold Govemment Lot 14; thence N85T11'03"E, 174.18 feet to the point of beginning. Containing 1.853 square feet, more or less. -5- � N 1"-50' 2/19/2016 ERG #15-013