HomeMy WebLinkAbout2007-11-05-Resolutions 07-233_Switch Box Relocations - Qwest - EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 07-233
,I
RESOLUTION APPROVING AN EASEMENT FROM THE CITY OF WAUKEE
TO QWEST CORPORATION FOR THE PURPOSE OF RELOCATION OF
A SWITCH BOX
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,As part of the University Avenue Reconstruction Project,the storm sewer
will be extended west along the north side of University Avenue forcing the relocation ofan
existing Qwest telephone switch box,and,
WHEREAS,if the switch box needs to be relocated again in the future,the language has
been provided by the City Attorney to terminate the easement,
WHEREAS,Qwest will bare the cost of relocating the switch box now as well as in the
future if it becomes necessary,and,
WHEREAS,the City of Waukee grants and conveys and easement to construct,modify,
add to,maintain,and remove such telecommunications facilities,electrical facilities,and other
appurtenances,from time to time,as Grantee may require upon,over,under and across the
following described property situated in the County of Dallas,State ofIowa,which the Grantor
owns or in which Grantor has an interest to wit:1
Land Description:The SW V.of the SW V.ofS34 T79N R26W of the s"P,M.,Dallas
County,Iowa known as Warrior Park in the City of Waukee
Easement Description:A Parcel of Land being 15'by 15'and with the East side of said
Parcel to be parallel with and 110 feet West of the centerline of Ashworth Drive and with the
South side of said Parcel to be parallel with and 60 feet North of the center line of University
Avenue,and,
WHEREAS,Grantor further conveys to Grantee the right of ingress and egress to and
from the Easement Area during all periods of construction,maintenance,installation,
reinforcement,repair and removal over and across Grantor's lands with the right to clear and
keep cleared all trees and other obstructions,except as hereinafter provided,as may be necessary
for Grantee's use and enj oyment of the Easement Area,and;
WHEREAS,Grantee shall not modify,alter,remove,destroy or affect the bike path or
any structures,pavement,or other appurtenances installed by grantor for use by the public,nor
any utilities currently existing in the easement area,and,
WHEREAS,Upon completion of any construction,reconstruction,repair,enlargement I
or maintenance of any improvements in any Easement Area,the Grantee shall restore the •
easement area in good and workmanlike manner to a condition comparable to its condition
before construction,reconstruction or alteration,and,
WHEREAS,Grantee shall indemnify Grantor for all damages caused to Grantor as a
result of Grantee's negligent exercise of the rights and privileges herein granted.Grantee shall
have no responsibility for environmental contamination,which is either pre-existing or not
caused by Grantee.Grantee shall insure a 4-foot clearance between the bike path and the nearest
cabinet,~U1d,
WHEREAS,Grantor reserves the right to occupy,use the Easement Area for all public
purposes,and,
WHEREAS,Grantor covenants that Grantor is the fee simple owner of the Easement
Area or has an interest in the Easement Area.Grantor will warrant and defend title to the
Easement Area against all claims,and,
WHEREAS,Grantor,in its sole discretion,may terminate this easement upon 60 days
written notice to grantee.Upon termination,Grantee shall remove,abandon or relocate any
facilities,structures or appurtenances it installs within the easement area,at grantees sole
expense.
BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WAUKEE,IOWA,that the ROW Easement from the City of Waukee to Qwest Corporation for
the purpose of relocation of a switch box are hereby approved,subject to the conditions set forth
therein.
PASSED AND APPROVED this 5'h day of November,2007.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Isaiah McGee
Jeff Mertz
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT