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HomeMy WebLinkAbout2016-07-05-J01J Public Trail Easement - Williams Pointe Plat 1 MEE AGEN FORM SYNO FISC COM STAF RECO ATTA PREP REVI PUBL   ETING DATE NDA ITEM: MAT: OPSIS INCL CAL IMPACT MMISSION/B FF REVIEW OMMENDA ACHMENTS PARED BY: IEWED BY: LIC NOTICE NAME OF DATE OF CITY COU E: July 5, : Consid Trail E Resolut LUDING PRO Place h a part o public t the ease the loca slightly In orde grant an their pr T INCLUDIN BOARD/COM W AND COM ATION: App S: I. II. Brad D : E INFORMA F PUBLICA F PUBLICAT CITY OF W UNCIL MEE 2016 deration of app asement [Lot tion O & CON: T have recently of the review trail that runs ement for a p ation of electr y during const er to correct th n easement fo roperty to acc NG COST/B MMITTEE C MMENT: Sta prove the reso Proposed Re Public Trail Deets, Develop ATION – ATION: TION: WAUKEE, ETING CO proval of a re t 21 of William The owners o requested a p of the permit s within their portion of the rical equipme truction of the he issue, the o or an addition commodate th BENEFIT AN COMMENT aff would rec olution. esolution Easement pment Service AGE IOWA OMMUNICA esolution appr ms Pointe Pla of the property permit for a fe t, it was determ rear yard is a trail. It appe ent which req e plat. owners of the nal 176 square he existing tra NALYSIS: T: ommend app es Director ENDA ITEM: ATION roving and ac at 1] y located at 1 ence on their p mined that th actually locate ars that this is quired the trail e property hav e feet of grou ail. $300.00 proval of the e ccepting Publi 100 SE Waco property. As he existing ed outside of s because of l to be moved ve agreed to und within easement. ic o d THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING PUBLIC TRAIL EASEMENT RELATED TO LOT 21 OF WILLIAMS POINTE PLAT 1 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 Trail Easement is necessary related to a portion of Lot 21 of Williams Pointe Plat 1; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 5th day of July 2016, that it hereby approves the Public Trail Easement related to Lot 21 of Williams Pointe Plat 1. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson VACANT SEAT PUBLIC TRAIL EASEMENT Recorder’s Cover Sheet Preparer Information: Bradly M. 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: Steven and Kristin Ferrick Grantee: City of Waukee, Iowa - 2 - PUBLIC TRAIL EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, Steven and Kristin Ferrick, (hereinafter referred to as the “Grantor”), in consideration of the sum of Three Hundred Dollars ($300.00) 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 Trail 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 access on the surface of the Easement Area in a manner that will permit its free and unobstructed use by pedestrians and non-motorized vehicles for the purpose of obtaining access from one property to another and to allow the City the right of access, from time to time, to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair and forever maintain the Easement whenever necessary, in the City’s sole discretion. 3. Erection of Structures Prohibited. Grantor and its successors and assigns shall note erect any structure, building, or fence over or within the Easement Area without obtaining the prior written consent of the City. 4. Maintenance of Easement. The Owner or occupant of each parcel of property upon which the Easement Area is located shall keep and preserve that portion of the Easement Area within his or her property in good repair and condition at all times, and shall not plant nor permit to grow any trees or other vegetative growth which might reasonably be expected to obstruct or impair usage of the Easement as a Sidewalk. 5. 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. - 3 - 6. 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. 7. Property to be Restored. Upon completion of any construction, repair, enlargement or maintenance of any improvements in the Easement Area, the City shall restore the Easement Area in a good and workmanlike manner to a condition comparable to its condition before construction, reconstruction or alteration, including the sodding of the grassy areas disturbed by the work and removal of all debris and equipment used by the City in connection with the work performed in the Easement Area. The City is not responsible for replacing any other thing including, but not limited to, vegetation, trees, shrubs, watering devices or any other planted, buried or other ting of any kind whatsoever erected, placed, installed or planted upon the Easement Area. 8. 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. 9. 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. 10. 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. 11. Words and Phrases. - 4 - Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. 12. 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 Steven and Kristin Ferrick. 13. 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. 14. 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. 15. 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 this ___ day of ______________, 2016. GRANTOR CITY OF WAUKEE - 5 - ______________________________ ____________________________ Steven Ferrick William F. Peard, Mayor Attest: ______________________________ ____________________________ Kristin Ferrick Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared STEVEN FERRICK, 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 State of Iowa My Commission expires ________ STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared KRISTIN FERRICK, 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 State of Iowa My Commission expires ________ STATE OF IOWA ) ) SS - 6 - 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 - 7 - EXHIBIT A LEGAL DESCRIPTION - 8 -