HomeMy WebLinkAbout2016-07-05-J01J Public Trail Easement - Williams Pointe Plat 1
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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
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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.
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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.
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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
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______________________________ ____________________________
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
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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
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