HomeMy WebLinkAbout2016-05-02-J01zFF Westown Improvements PUE_Aldrich►f1 4 V/aukee
?WI 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 Utility Easement
related to the Westown Parkway/R-22 Intersection Improvement Project
(Stewart and Marilyn Aldrich)
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The public utilities will be constructed in the Public Utility
Easement which is within the existing right-of-way but will be within the
future right-of-way. The Public Utility Easement is needed until the future
right-of-way is acquired.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $1,705.00
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 UTILITY 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 Utility 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
Utility 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 Utility Easement related to Westown
Parkway Improvements, with payment made by the City to property owner(s) Stewart and
Marilyn Aldrich in the amount of $1,705.00.
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 UTILITY 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 W. Hickman Road
Waukee, Iowa 50263
Grantor: Stewart and Marilyn Aldrich
Grantee: City of Waukee, Iowa
PUBLIC UTILITY EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
Grant of Easement(s).
The undersigned, Stewart and Marilyn Aldrich, (hereinafter referred to as the
"Grantor"), in consideration of the sum of One Thousand Seven Hundred and Five
Dollars ($1,705.00) 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 non-exclusive Public Utility Easement (hereinafter
referred to as "Easement(s)") and right-of-way upon, over, under, through and across the
real property legally described as:
See Exhibit A, attached hereto and made a part hereof.
2. Use and Purpose of Easement(s)
This Easement shall be granted for the purpose of locating Public Utilities defined
as those utilities established, formed, acquired, owned, or operated by the City of
Waukee, including but not limited to, electrical, natural gas, telephone, cable television
utility services, and data transmission utility services 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
said utility therein or to connect and/or join said utility 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.
Maintenance.
The City agrees, after entry, as part of the construction, reconstruction,
maintenance, replacement, location, rebuilding, enlargement, repair 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), including
sodding or seeding if it is a landscaped area and the City shall be required to repave if the
Easement crosses a paved area such as a sidewalk or a driveway, 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; and 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.
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.
Hold Harmless.
The Grantor 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 arising out of or in connection
with any undertaking arising out of or otherwise related to this Easement.
6. Running 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 are
binding upon and inure to the heirs assigns, successors, tenants and personal
representatives of the parties hereto.
Jurisdiction and Venue.
The City and the Grantor 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.
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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" shall refer to
Stewart and Marilyn Aldrich, their heirs, assigns, successors -in -interest, or lessees, if any.
10. Attorney's Fees.
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. 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 (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.
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 acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed thisL day oil priL 2016.
Stewart Aldrich
Marilyn Aldrich
CITY OF WAUKEE
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
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STATE OF IOWA )
SS
COUNTY OF )
On this / 6 day of ADrj 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 voluntary
acts of the persons.
2U2 r Li A. A /a y
gE1}I pICHARDSOH Notary Public in and for the
�� Commission tdumber 701731 State of Iowa
My Commission Expires
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STATE OF IOWA )
SS
COUNTY OF )
My Commission expires S�1.6-01
On this 1� day of Apr i C__. , 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 voluntary
acts of the persons.
Notary Public in and for the
`mF BETH RICHARDSON State of Iowa
Commission Number 701731
My Commission Expires
°� My Commission expires %rJ /
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.
Notary Public in and for the State of Iowa
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EXHIBIT A
LEGAL DESCRIPTION
EASEMENT EXHIBIT
PUBLIC UTILITY EASEMENT
CEN7ERLINE ROAD
PER SURVEY IN
RK
312th PLACE
NE CORNER
GOUT LOT 14
2002, PC 207
WESTOWN PARKWAY)
(SE
33' EXISTING
RIGHT—OF—WAY
_ _—__ _
�—
'14 SOO'O0'OO'E
3313'
N65'01'03"E 174.16� _
T583'43'17`W 174.57' .._.
p,O.B.
\
500170'00 L
N000500"E
\
8.69'
12.66'
\`
PUBLIC UTILITY
EASEMENT
N 175' E 175'
GOV'T LOT 14
PARCEL "C"
(BK 2002, PG 207)
OWNER OF RF ARD
Stewart & Marilyn Aldrich
31450 312th Place
Waukee, IA 50263
PARCEL "AA"
(BK 2012, PG 9051)
EASEMENT D c RIPTION
That part of the North 175 feet of the East 175 feet of Government Lot 14 In Section 5,
Township 78 North, Range 26 West of the 5th P.M., now included In Dallas County, Iowa,
being more particularly described as follows:
Commencing at the Northeast corner of said Government Lot 14; thence S0000'00"E, 33.13
feet along the East line of acid Government Lot 14 to the Point of Beginning; thence
continuing S00'00'00"E, 8.59 feet along the East line of said Government Lot 14; thence
S83'43'17"W, 174.57 feat to the West line of the North 175 feet of the East 175 feet of
sold Government Lot 14. thence N0000'00"E, 12.66 feet along the West line of the North
175 feet of the East 175 feet of said Government Lot 14, thence N85'01'03"E, 174.18 feet
to the point of beginning.
Containing 1,853 square feet, more or less.
e
2/23/2016
ERG #15-013
-8-
EXHIBIT A
LEGAL DESCRIPTION
EASEMENT EXHIBIT
PUBLIC UTILITY EASEMENT
CENTERLINE ROAD
ER SURVEY W
BKP2002,, PG 207 312th PLACE
(SE WESTOWN PARKWAY)
33' EXISTING
CRIGHT—OF—WAY
�—
N85'01'03"E 174.16_ � =
53W 174.57 ^
83417"—
N00'00'00'E
12.66'
PUBLIC UTILITY
EASEMENT
N 175' E 175'
GOV'T LOT 14
PARCEL "C"
(BK 2002, PG 207)
OWNER OF RECORD
Stewart & Marlyn Aldrich
31450 312th Place
Waukee, IA 50263
NE CORNER
GOVT LOT 14
S00'00'00"E
33./3'
PARCEL "AA"
(BK 2012, PG 9051)
EASEMENT DESCRIPTION
That part of the North 175 feet of the East 175 feet of Government Lot 14 in Section 5,
Township 78 North, Range 25 West of the 5lh P.M., now included in Dallas County, Iowa,
being more particularly described as follows:
Commencing at the Northeast corner of sold Government Lot 14; thence SOO'00'00"E, 33.13
feel along the East line of said Government Lot 14 to the Point of Beginning; thence
continuing S00'00'00'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 NOO'00'00'E, 12.66 feet along the West line of the North
175 feet of the East 175 feet of said Government Lot 14; thence N85'01'03'E, 174.18 feet
to the paint of beginning.
Containing 1,053 square feet, more or less.
2/23/2016
ERG #15-013
Ell