HomeMy WebLinkAbout2009-04-06-Resolutions 09-71_South Area Trunk Sewer - EasementsTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-71
RESOLUTION APPROVING AND ACCEPTING EASEMENTS RECEIVED FROM
PROPERTY OWNERS WITHIN THE SOUTH AREA PUMP STATION AND TRUNK
SEWER PROJECT
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City has received easements from several property owners identified within the
South Area Pump Station and Trunk Sewer Project area within the corporate limits of the City of
Waukee granting the City an easement in order for the City install and maintain a sanitary sewer
over and under said properties;AND,
WHEREAS,the City Council of the City of Waukee desires to approve said easements and
directs the Deputy City Clerk to file said easements of record with the Dallas County Recorder's
Office.
NOW BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WAUKEE,IOWA,that the easements submitted by the property owners are attached hereto as
Exhibit A,and are hereby approved,subject to the terms and conditions set forth therein.
Passed by the City Council of the City of Waukee,Iowa,and approved this the 6th day of April,
2009.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN
EXHIBIT A';.'.~r
Ilmllllllllllllllllllllllllllllllllllllllllllllllllllllll1I11111111111II11111111111111111111
Book 2009 Page 5597
Document 5597 Type EASE Pages 6
Date 4/13/2009 Time 8:27 AM
Rec Amt $32.00
RETURN TO:
CITY OF WAUKEEATTN:REBECCA D.SCHUETT
230 HICKMAN ROAD
WAUKEE,IA 50263
Prepared By:Forrest S.Aldrich,Veenstra &Kimm,Inc.,3000 Westown Parkway,West Des Moines,IA 50266 (515)225-8000
Return To:Veenstra &Kimm.Inc ..3000 Westown Parkway,West Des Moines.IA 50266 (515)225-8000
Carol "Cindy"Hoi,Recorder
Dal las County IOWA
MTG -PCRF-
BKRF-
ODD -AUD ./
SANITARY SEWER EASEMENT(S)
Easement No.1
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant ofEasement(s).
The undersigned,Frank 1.Ross and Juliane Ross,husband and wife,(hereinafter referred to
as the "Grantor(s)"),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 "Sanitary Sewer Easement"or "Easement(s)")and right-of-way upon,over,under,
through and across the real property legally described as:
LEGAL DESCRIPTION
Perpetual Easemeut
Lot 18 and Outlot l8A,Painted Woods,an Official Plat,now included in and forming a part of the
City of Waukee,Dallas County,Iowa.Said perpetual easement being a strip easement 30.00 feet in
width lying 15.00 feet on each side ofthe following described line or line extended:
Commencing as a point of reference at the Southwest comer of said Lot 18;thence
North 02°21 '37"West (all bearings assumed for purpose of this description only),a distance
of 35.84 feet along the West line of said Lot 18 to the point of beginning;thence
South 43°22'28"East,a distance of 76.58 feet;thence North 80°07'31"East,a distance of
163.95 feet to the East line of said Outlot l8A.
Containing 7,220 square feet,more or less.
Page 1 ofS Book 2009 Page 5597
1 of 6
Temporary Easement
Lot 18 and Outlot 18A,Painted Woods,an Official Plat,now included in and forming a part of
the City of Waukee,Dallas County,Iowa.Said temporary easement being a strip easement
80.00 feet in width lying 35.00 feet on the North side and 45.00 feet on the South side of the
following described line or line extended:
Commencing as a point of reference at the Southwest corner of said Lot 18;thence
North 02021'37"West (all bearings assumed for purpose of this description only),a
distance of35.84 feet along the West line of said Lot 18 to the point of beginning;thence
South 43022'28"East,a distance of 76.58 feet;thence North 80007'31"East,a distance of
163.95 feet to the East line of said Outlot 18A.
Containing 12,190 square feet,more or less,excluding perpetual easement.
Termination date for temporary easement 1 (one)year after issuance of Certificate of
Completion.
2.Use and Purpose of Easement/s).
This Easement shall be granted for the purpose of locating sanitary sewerts)(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 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 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(s)granted herein.No fence,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.
3.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 Sewer(s),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),except the City shall not be required to replace non-City
approved 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 unless caused by the City;any subsequent restoration by reason of
settlement,depression or any unknown conditions shall be the sole responsibility of the
Grantor(s)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 enj oyment of the Easement Area as herein
Page 2 of5 Book 2009 Page 5597
2 of 6
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.
The Grantor(s)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(s)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 and are binding upon and inure to the heirs,
assigns,successors,tenants and personal representatives of the parties hereto.
7.Jurisdiction and Venue.
The City and the Grantor(s)agree the District Court of the State of Iowa shall have
exclusive jurisdiction over the subj ect 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.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 "Grantorts)"shall refer to
Frank J.Ross and Juliane Ross,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.
Page 3 of5 Book 2009 Page 55973of6
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 ofthis Agreement.
Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described
in this Easement Area by title in fee simple;that Grantor has good and lawful authority to
convey the same;and said Grantor covenants to WARRANT AND DEFEND the said Easement
Area against the lawful 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.
Page 4 of5 Book 2009 Page 5597
4 of 6
Dated this -----'Pf'---j~--day of~~rtt'UJ~'&W::-,20~.
City of Waukee£i!YFraniJ.Ross
~
lane Ross
STATEOF~)
~_.1_)ss,
COUNTYOF~
On the /;;t":day of _01a.r<:.b .20 09 •before me,the undersigned,a Notary
Public in and for the State of :Til f .,n..,personally appe~ed_FronK.({.DSS,and ...\l1l;QV\R..~..I.dc:F;fu=L-_
to me known to be the identical person(s)named in and who executed the foregoing instrument,
and acknowledged that (he)(she)(they)executed the instrument as (his)(her)(their)voluntary
act and deed.
~~
Notary Public in and for the State of
My commission expires -..af I !5 ,20 I ~
Page 5 of5 Book 2009 Page 5597
5 of 6
PREPARED8Y:VEENSTR~&KIMM,INC.-3000 NESTDNNP~RKN~Y-NEST DES MOINES,IDN~50266-1310 -(515)225-8000
EASEMENT DRAWING
OWNER:FOR THE CITY OF WAUKEE,IOWA
FRANK J.ROSSJULIANEROSS
BOOK 2005 PAGE 4069
PARCEL 10:
500 16-08-176-049 00
500 16-08-176-050 00 ASSUMEO NORTH--.-.o 60PAINTEDWOODSDRIVE)------\\/
\"'----__~.~C),._h\)~
\\1\0"\
\~,\)\
'\~\\/EXISTING,30'SANITARY~\.LOT SEWER EA~~MENT\>.'18 81<2004 PG1~618\')/.\
P.0.8.%,
%S43 "22'28"E \
76.58'\
LOT
17
LOT
19 /
/
/
UTLOT
~7A"'::..,...,,------
'~,,-------..:--N02"21'37"W
35.84'
P.O.C.SW CORNERLOT18
OUTLOT
19A
~PERPETUAL EASEMENT~7,220 SQUARE FEET
~~TEMPORARY EASEMENT 12.190 SQUARE FEET~~EXCLUDING PERPETUAL EASEMENT
Book 2009 P,g.55976of6
AFPRDVED
SANITARY SEWER EASEMENTINLOT18ANDOUTLOT18A INPAINTEDWOODSSUBDIVISION
IC~~;=-~_'~'-:::Hc::-O~B VEENSTRA &KlMM,INC
owe.NO.
120
'"E-l
3000 w~f'arla.vay Wert Des Morn~,Iowa 50266-1320 ,==,.0,1 :::,O",F--c'l'c--l
515-225-8000.515-2.2~78.f8(FNO·8llO-241-8000(WATS)PROJECT 275166
11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111Book2009Page5598
Document 5598 Type EASE Pages 7
Date 4/13/2009 Time 8:28 AM
Rec Amt $37.00 MTG-
PCRF -
BKRF-
ODD -AUD ~
RETURN TO:
CITY OF WAUKEEATTN:REBECCA D.SCHUETT
230 HICKMAN ROAD
WAUKEE,IA 50263
Prepared By:Forrest S.Aldrich,Veenstra &Kimm,Inc"3000 Westown Parkway,West Des Moines,fA 50266 (515)225-8000
Return To:Veenstra &Kimm.Jnc..3000 Westown Parkway.West Des Moines,lA 50266 (515)225~8000
Caro I "C indy"Ho I,Recorder
Dal las County IOWA
SANITARY SEWER EASEMENT(S)
Easement No.2
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant of Easement/s).
The undersigned,Timothy M.Curtis and Deanna L.Curtis,husband and wife,(hereinafter
referred to as the "Grantor(s)"),in consideration of the sum of One dollar ($
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 "Sanitary Sewer Easement"or "Easement(s)")and right-of-way upon,over,under,
through and across the real property legally described as:
LEGAL DESCRIPTION
Perpetual Easement
Outlot 22A,Painted Woods,an Official Plat,now included in and forming a part of the City of
Waukee,Dallas County,Iowa.Said perpetual easement being a strip easement 30.00 feet in width
lying 15.00 feet on each side of the following described line or line extended:
Commencing as a point of reference at the Northwest comer of said Outlot 22A;thence
South 06°17'44"West (all bearings assumed for purpose of this description only),a distance
of 122.98 feet along the West line of said Outlot 22A to the point of beginning;thence
South 66°27'20"East,a distance of 22.01 feet;thence North 67°12'23"East,a distance of
121.95 feet to the West line of an existing water main,storm,sanitary sewer and
ingress/egress easement in said Outlot 22A.
Containing 4,320 square feet,more or less.
Page I of5 Book 2009 Page 5598
1 ""..f 7
Temporary Easement
Outlot 22A,Painted Woods,an Official Plat,now included in and forming a part of the City of
Waukee,Dallas County,Iowa.Said temporary easement being a strip easement 80.00 feet in
width lying 35.00 feet on the North side and 45.00 feet on the South side of the following
described line or line extended:
Commencing as a point ofreference at the Northwest comer of said Outlot 22A;thence
South 06°17'44"West (all bearings assumed for purpose of this description only),a
distance of 122.98 feet along the West line of said Outlot 22A to the point of beginning;
thence South 66°27'20"East,a distance of 22.01 feet;thence North 67°12'23"East,a
distance of 121.95 feet to the West line of an existing water main,storm,sanitary sewer
and ingress/egress easement in said Outlot 22A.
Containing 7,130 square feet,more or less,excluding perpetual easement.
Termination date for temporary easement 1 (one)year after issuance of Certificate of
Completion.
2.Use and Purpose of Easementis).
This Easement shall be granted for the purpose of locating sanitary 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 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 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(s)granted herein.No fence,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.
3.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 Sewer(s),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),except the City shall not be required to replace non-City
approved 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 unless caused by the City;any subsequent restoration by reason of
settlement,depression or any unknown conditions shall be the sole responsibility of the
Grantor(s)at the Grantor(s)'sole expense.
Page 2 of5 Book 2009 Page 5598
2 of 7
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.
The Grantor(s)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(s)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 and are binding upon and inure to the heirs,
assigns,successors,tenants and personal representatives of the parties hereto.
7.Jurisdiction and Venue.
The City and the Grantor(s)agree the District Court of the State of Iowa shall have
exclusivejurisdiction 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.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(s)"shall refer to
Timothy M.Curtis and Deanna L.Curtis,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.
Page 3 of5 Book 2009 Page 5598
I)_+7
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 Grantor holds said real estate described
in this Easement Area by title in fee simple;that Grantor has good and lawful authority to
convey the same;and said Grantor covenants to WARRANT AND DEFEND the said Easement
Area against the lawful 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.
Page 4 of5 Book 2009 Page 5598
Dated this ot...:--nt day of 0'At-.lV\fK2 tt ,200~.
Grantor City of Waukee.neY
Deaima L.Curtis 1 /q /2064
STATE OF )
)ss.
COUNTY OF )
On the day of ,20 ,before me,the undersigned,a Notary
Public in and for the State of ,personally appeared
__:--__-,----,-----:-::----:--:__and ,
to me known to be the identical person(s)named in and who executed the foregoing instrument,
and acknowledged that (he)(she)(they)executed the instrument as (his)(her)(their)voluntary
act and deed.
Notary Public in and for the State of
My commission expires ,20
Page 5 of5 Book 2009 Page 5598
5 of 7
On this ()day Of~',~,before me,-4~=:=.J---'..u,4-U-'-"oL-------
~Month Year ...--r,.
the undersigned notary public,personally appeared,+.L'~~~~ci·""4L..J'...!..l-'----::""""LJ-.!->-'---------
i~ersonallYknown to me -or-
proved to me on the basis of satisfactory evidence
form(s)of identification _
credible witness(es)_
to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same voiuntarily for the purpose expressed therein,
WITNESSmy hand and official seal.
EMILY COGLllER
Commission Number 749023MyCommissionExpiresSeptember21,2010
(Seal)
------------OPTIONAL INFORMATION
Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document -
Additional Ir.'for:mation
-
Notary Journal Entry
0 The details surrounding this notarial event are
described in my notary journal:
Volume
Page tI Entry/Row:#
---
Notary Contact:
Other
0 Additional Signer{s)o Signer{s)Thumborfnttsl
0
Book 2009 Page 5598
of 7
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of _~__-----_
containing pages,and dated _
The signer(s)capacity or authority is/are as:o lndlvidualts)o Attorney-in-FactoCorporateOfficer(s)==_
Tltle(s)
ItI Copyright 2007 Notary Rotary.Inc.92529lh St.,Des Moines,IA50312-3612 Form ACK01.07/07.To re-order.call toll-free 1-877-349-6588 or visit us on the Internet at http://www.not<uyrotary.com
--_______PAINTED WOODS DRIVE
EXISTING 30'WATEfMAI-N-,-------,-rr-------
STORM,SANITARY S~WER AND ~I IINGRESS/EGRESS EASEMENT I I IBK2004PG1961BIII
I I I __~I LOT ~idc:r~~)
I 22 \0."-11 I I!/Q EXISTiNG:3$'SANITARY
NW ~02N~R I .:'v §~~~~t~~l~~~~OUTLOT 22A .-<;'\I r I __-
---\>--'-------!1-I--__---y I L_
-'OUTLOT I 20,1
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122.98'-I-I I
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EASEMENT DRAWING
FOR THE CITY OF WAUKEE,IOWAOWNER:
TIMOTHY M,CURTISDEANNAL.CURTIS
BOOK 2005 PAGE 17048
PARCELID:
500 16-08-176-042 00 ~Io60120
/
I
I
I/
LOT
23
P.o.B.
S66"27'20"E
22.01 '
----I OUTLOT
\iDA \\I---j-----------r--______~Oc,
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\
LOT <SO 2----
10 '?i'-1-I'\:;L-fA"\LOT -------
I \11
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N67"12'23"E
121.95'
~PERPETUAL EASEMENT
~4,320 SGUARE FEET
~I TEMPORARY EASEMENT 7,130 SGUARE FEET
~/.%EXCLUDING PERPETUAL EASEMENT
SANITARY SEWER EASEMENTINOUTLOT22AINPAINTEDWOODSSUBDIVISION
ASSUMED NORTH
LOT
21
---
EXISTING TEMPORARY
CONSTUCTION EASEMENT
OUTLOT
11A
-
Book 2009 Page 55987of7
OWG,NO,
DATE 11-11-08F,::'.,.'--~=JVEENSTRA &.KlMM,INC.
E-2
3000 We:stown I"aOOtay _Wert Des MoJnes;lowa50266-1320 f--=-1--,o",F---,1,---!
515-225-8000·515-2Z5,7848(FAX)·SOO-24J-BOOO(WATS,l PROJECT 2751158
11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111Book2009Page5599
Document 5599 Type EASE Pages 7
Date 4/13/2009 Time 8:29 AM
Rec Amt $37.00
RETURN TO:
CITY OF WAUKEE
ATTN:REBECCA D.SCHUETT
230 HICKMAN ROAD
WAUKEE,IA 50263
Caro I "C indy"Ho I,Recorder
Dal las County IOWA
MTG -PCRF-
BKRF-
ODD -
AUD -
Prepared By:Forrest S.Aldrich,Veenstra &Kimm,Inc.,3000 Westown Parkway,West Des Moines,IA 50266 (515)225·8000
Return To:Veenstra &Kimm,lnc..3000 Westown Parkway,West Des Moines.fA 50266 (515)225-8000
SANITARY SEWER EASEMENT(S)
Easement No.3
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant of Easementrs).
The undersigned,Paul I..Grossmann and Melissa C.Grossmann.husband and wife,
(hereinafter referred to as the "Grantor(s)"),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 "Sanitary Sewer Easement"or "Easement(s)")and right-of-way upon,over,under,
througb and across the real property legally described as:
LEGAL DESCRIPTION
Perpetual Easement
Lot 23 and Outlot 23A,Painted Woods,an Official Plat,now included in and forming a part of the
City of Waukee,Dallas County,Iowa.Said perpetual easement being a strip easement 30.00 feet in
width lying 15.00 feet on each side of the following described line or line extended:
Commencing as a point of reference at the Northeast comer of said Outlot 23A;thence
South 06°17'44"West (all bearings assumed for purpose of this description only),a distance
of 122.98 feet along the East line of said Outlot 23A to the point of beginning;thence
North 66°27'20"West,a distance of 169.71 feet to the West line of said Outlot 23A.
Containing 5,090 square feet,more or less.
Page 1 orb Book 2009 Page 5599
1 of 7
Temporary Easement
Lot 23 and Outlot 23A,Painted Woods,an Official Plat,now included in and forming a part of
the City of Waukee,Dallas County,Iowa.Said temporary easement being a strip easement
80.00 feet in width lying 35.00 feet on the North side and 45.00 feet on the South side of the
following described line or line extended:
Commencing as a point of reference at the Northeast comer of said Outlot 23A;thence
South 06°17'44"West (all bearings assumed for purpose of this description only),a distance
of 122.98 feet along the East line of said Outlot 23A to the point of beginning;thence
North 66°27'20"West,a distance of 169.71 feet to the West line of said Outlot 23A.
Containing 8,600 square feet,more or less,excluding perpetual easement.
Termination date for temporary easement 1 (one)year after issuance of Certificate of
Completion.
2.Use and Purnose of'Easement/s).
This Easement shall be granted for the purpose of locating sanitary 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 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 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(s)granted herein.No fence,structure or building of any kind whatsoever
shall be erected upon property that is the subj ect of this Easement without the express written
consent of the City.
3.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 Sewer(s),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 Granlor(s),except the City shall not be required to replace non-City
approved 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 unless caused by the City;any subsequent restoration by reason of
settlement,depression or any unknown conditions shall be the sole responsibility of the
Grantor(s)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
Page 2 or6 Book 2009 Page 5599
2 of 7
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.
The Grantor(s)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(s)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 and are binding upon and inure to the heirs,
assigns,successors,tenants and personal representatives of the parties hereto.
7.Jurisdiction and Venue.
The City and the Grantor(s)agree the District Court of the State of Iowa shall have
exclusive jurisdiction over the subj ect matter and enforcement of the terms and conditions of this
Easement and said parties consent to the jurisdiction ofthe person being in Dallas County,Iowa.
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(s)"shall refer to
Paul .fttJrossmann and Melissa C.Grossmann,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.
Page 3 of6 Book 2009 Page 5599
3 of 7
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 ofthis Agreement.
Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described
in this Easement Area by title in fee simple;that Grantor has good and lawful authority to
convey the same;and said Grantor covenants to WARRANT AND DEFEND the said Easement
Area against the lawful 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.
Page 4 of~Book 2009 Page 5599
4 of 7
Dated this __--""-'-'--'--day of -l1f1"-dl.1\----,200---1-.
City of WaukeeBiW
Melissa C.Grossmann
STATE OF ;:Mq
COUNTY OF _DallcLs
)
)ss,
)
On the ddl'\l\.day of ::rlJ.VlU.(J~,20 6~,before me,the undersigned,a Notary
Public in and for the State of J:Mt\.,personally appeared
Pt4.«IIt,CiVlXSlV\UIo\~~4/1 /I /I ./1~
to me known to be the i~ical person(s)named in and who execut~e;foregoing instrument,
and acknowledged that~(she)(they)executed the instrument as s (her)(their)voluntary
act and deed.
:i"REBECCA D.SCHUm~l.Commission Number 716496
••My Commission Expires
ow May 13.2011
~J?Ar)ALu;t __
Notary Public in and for the State of
My commission expires o~/'3 ,20 II>
Page 5 ofO Book 2009 Page 5599
5 of 7
-STATE OF puJo...
COUNTY OFbo Lln /)1
)
)ss.
)
On the ~day of ()(1,na ,20~,before me,the undersigned,a Notary
Public in an?for the St~4...-,personally appeared
~1!0'"C.4,#,/to me known to be the identical person(s)
named 111 and who executed the forego~~t1Ument,and acknowledged that (he)@:>
(they)executed the instrument as (his~their)voluntary act and deed
RESECCASlATER
~Coi ••1lIIIIIcM NlImber 751082•MyCommlsslon·E>qllres
February 7,2011
Page 6 of6 Book 2009 Page 5599
6 of 7
"r'PAINTED WOODS'----..----------
L20Z /r
EXISTING 30J~ANITARY IfSEWEREASEMItNTBK2004PG1961BLOT 0 S
/2~V'\O~)~
_/1'll',r\tp;.C.;'~~NE CORNER
,/OUT~~_~
'I _---
EASEMENT DRAWING
FOR THE CITY OF WAUKEE,IOWAOWNER:
PAUL A.GROSSMANN
MELISSA C.GROSSMANN
BOOK 2006 PAGE 12139
PARCELID:
500 16-08-176-040 00
500 16-08-176-039 00 ~Io60120
ASSUMED NORTH
DRIVE
LOT22
S06 '17'44"W --122.9B'.-;
.-/.-/.-/.-/./"
/
/
//
/
/
/
/
,,
-,-,
OUTLOT
23A
OUTLOT22A
Book 2009 Page 5599
7 of 7
SANITARY SEWER EASEMENTINLOT23ANDOUTLOT23A INPAINTEDWOODSSUBDIVISION
DNa.NO,
APPlmven FSA E-3
3000 WeItoM1l"a1kway l\Wt De!Motnes,10_50266-1320 1-,,-1 --,O,,-F-,,1-1
51~2256DOO SI5-225-7lU8fFNO_BOO-24'-8l1OO(WA~PRO.IE:cT 275115!l
DATE 1I-11-D8
I',=.,=-.-::....:::...=..t VEENSTRA &KlMM,INC.
~PERPETUAL EASEMENT
~5,090 SQUARE FEET
~~TEMPORARY EASEMENT 8.600 SGUARE FEET
7/,Q0 EXCLUDING PERPETUAL EASEMENT
11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111Book2009Page5600
Document 5600 Type EASE Pages 6
Date 4/13/2009 Time 8:30 AM
Rec Amt $32.00 MTG -PCRF -BKRF-
ODD -
AUD -
RETURN TO:
CITY OF WAUKEEATTN:REBECCA D.SCHUETT
230 HICKMAN ROAD
WAUKEE,IA 50263
Prepared By:Forrest S.Aldrich,Veenstra &Kimm,Inc.,3000 Westown Parkway,West Des Moines,IA 50266 (515)225-8000
Return To:Veenstra &Kimm.Inc..3000 Westown Parkway.West Des Moines.IA 50266 (515)225~8000
Carel "Cindy"Hol.Reccrder
Dal las County IOWA
SANITARY SEWER EASEMENT(S)
Easement No.4
KNOW TO ALL MEN BY THESE PRESENTS:
1.Grant ofEasement(s).
The undersigned,Richard Michael Madden and Montse Ann Madden,husband and wife,
(hereinafter referred to as the "Grantor(s)"),in consideration of the sum of One dollar
___($..LQQJ 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 "Sanitary Sewer Easement"or "Easement(s)")and right-of-way upon,over,under,
through and across the real property legally described as:
LEGAL DESCRIPTION
Perpetual Easemeut
Lot 24 and Outlot 24A,Painted Woods,an Official Plat,now included in and forming a part of the
City of Waukee,Dallas County,Iowa.Said perpetual easement being a strip easement 30.00 feet in
width lying 15,00 feet on each side of the following described line or line extended:
Commencing as a point of reference at the Northeast comer of said Outlot 24A;thence
South 20°14'47"West (all bearings assumed for purpose of this description only),a distance
of 32.27 feet along the East line of said Outlot 24A to the point of beginning;thence
North 66°27'20"West,a distance of 2.28 feet;thence North 49°36'00"West,a distance of
143.43 feet;thence North 61 °26'19"West,a distance of 11.24 feet to the West line of said
Outlot 24A.
Containing 4,710 square feet,more or less.
Page 1 of5 Book 2009 Page 5600
1 of 6
Temporary Easement
Lot 24 and Outlot 24A,Painted Woods,an Official Plat,now included in and forming a part of
the City of Waukee,Dallas County,Iowa.Said temporary easement being a strip easement
80.00 feet in width lying 35.00 feet on the North side and 45.00 feet on the South side of the
following described line or line extended:
Commencing as a point of reference at the Northeast comer of said Outlot 24A;thence
South 20°14'47"West (all bearings assumed for purpose of this description only),a
distance of 32.27 feet along the East line of said Outlot 24A to the point of beginning;
thence North 66°27'20"West,a distance of 2.28 feet;thence North 49°36'00"West,a
distance of 143.43 feet;thence North 61 °26'19"West,a distance of 11.24 feet to the
West line of said Outlot 24A.
Containing 7,950 square feet,more or less,excluding perpetual easement.
Termination date for temporary easement 1 (one)year after issuance of Certificate of
Completion.
2.Use and Pumose of Easement(s).
This Easement shall be granted for the purpose of locating sanitary 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 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 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(s)granted herein.No fence,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.
3.Maintenance.
After the initial construction ofthe Sewer(s),and acceptance by the City,the City agrees,
as part of the reconstruction,maintenance and patrolling of the Sewer(s),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),except the City shall not be required to replace non-City
approved 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 unless caused by the City;any subsequent restoration by reason of
settlement,depression or any unknown conditions shall be the sole responsibility of the
Grantor(s)at the Grantor(s)'sole expense.
Page 2 of5 Book 2ee9 Page 56ee
2 of 6
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.
The Grantor(s)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(s)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 and are binding upon and inure to the heirs,
assigns,successors,tenants and personal representatives of the parties hereto.
7.Jurisdiction and Venue.
The City and the Grantor(s)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 ofthe person being in Dallas County,Iowa.
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(s)"shall refer to
Richard Michael Madden and Montse Ann Madden,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.
Page 3 of5 Book 2009 Page 5600
3 of 6
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 Grantor holds said real estate described
in this Easement Area by title in fee simple;that Grantor has good and lawful authority to
convey the same;and said Grantor covenants to WARRANT AND DEFEND the said Easement
Area against the lawful 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.
Page 4 of5 Book 2009 Page 5600
4 of 6
Dated this ---'1---'.1 day of __T::,,:c:=':'V",-,I"'-"';~?'?-.__,200 L.
Grantor Ci of Waukee
Richard Michael Madden
Montse Ann Madden
STATE OF :JiJWo )
COUNTY OF /tJ IlL ~ss.---On the /q-lrN day ofljL1n Oo.:Q;1 '2091-,before me,the undersi ed,a Notary
Public ip and for the .State 0raff 'erso ally ap~eared
fsd.,C.A\f;,~rnlchfiel ~and e-N ,
to me known to be the identical person(s)named in and who executed the foregoing instrument,
and acknowledged that (he)(she)(they)executed the instrument as (his)(her)(their)voluntary
act and deed.
Public in and for the State 0
ommission expires ~I ;;0
.'tYc7
,2rYJ9
Page 5 of5 Book 2009 Page 5600
5 of 6
PREPARED BY:VEENSTRA.KIMM.INC.-3000 WESTOWNPARKWAY -WEST DES MOINES.IOWA 50266-1310 -15151 225-BOOO
OWNER:
RICHARD MICHAEL MADDENMDNTSEANNMADDEN
BOOK 2006 PAGE 15545
PARCEL 10:
500 16-08-176-05700
EASEMENT DRAWING
FOR THE CITY OF WAUKEE.IOWA
ASSUMED NORTHo60120
/-I/\/\
LOT
23
P.O.C.
NE CORNEROUTLOT24A ____------
~PERPETUAL EASEMENT~4.710 SQUARE FEET
I~J TEMPORARY EASEMENT 7,950 SQUARE FEETr~0 EXCLUDING PERPETUAL EASEMENT
Book2~09 Page 5600
6 of 6
SCALE :1-·60'
~
SANITARY SEWER EASD1ENT OWG.NO.
DRAIiN '"IN LOT 24 AND OUTLOT 24A IN
CHECKED '"PAINTED WOODS SUBDIVISION E-4APPFlDVED'"DATE l1-U-Dli 3000 WestoIWJ Parkway West Des Molnefr Iowa S0266-132fJ 1 OF 1
A.C.VEENSTRA &KlMM,INC.51~225-8000 .5'5-22~7lU8 (FAJQ •600-241-8000 (WATS)PROJECT 2751GB