HomeMy WebLinkAbout1998-09-28-Resolutions 98-48_Windfield P1 Lot 36 - EasementRESOLUTION NO.98-48
RESOLUTION EXCEPTING GRANT OF UTILITY
EASEMENT FROM STEVEN R.SHIPLEY.
WHEREAS,Steven R.Shipley has agreed to grant an easement in consideration of the sum of one
dollar ($1.00),receipt and sufficiency of which is hereby acknowledged;and
WHEREAS,The City of Waukee does hereby accept the conveyance of a perpetual storm sewer
easement within the following described real estate for the purpose of locating a storm sewer pipe:
The eastern four feet (4)of Lot 36 in Windfie1d I,an official subdivision in the City of Waukee,Iowa,
Dallas County.
NOW THEREFORE BE IT RESOLVED,that the City Council of the City of Waukee does hereby
accept the grantors permanent easement subject to the following terms and conditions:
1.Erection and Place of Structures Prohibited.Grantor shall not,nor will grantor allow any
other person or entity,to erect any residence,garage,building or other structure,or any
temporary structure or obstruction including,but not limited to landscaping,ground cover,
fencing,etc.under,over,on,through,across or within the Perpetual Easement Area.
2.Change of Grade Prohibited.Grantor shall not change the grade,elevation or contour of
any part of the Perpetual Easement Area.
3.Right of Access.The City shall have the right of reasonable access to the Perpetual Easement
Area,and have all rights of ingress and egress reasonably necessary for the use and enjoyment
of the Perpetual Easement Area as herein described,including,but not limited to,the right
to remove,without liability to Grantor,any unauthorized structures under,over,on through,
across or within the Perpetual Easement Area.
4.Liability.Except as may be caused by the negligent acts or omissions of the City,its
employees,agents,or representatives,not exempted by statute,and except as provided
herein,the City shall not be liable for any injury or property damage occurring in or to the
Perpetual Easement Area,nor for property damage to any improvements or obstructions
thereon,that results from the City's reasonable exercise of its rights herein granted.Grantor
agrees to indemnify and hold the city,its employees,agents and representatives harmless from
any loss,damage,injury or any claim or lawsuit for loss,damage or injury arising out of or
resulting from the negligent or intentional acts or omissions of Grantor or its employees,
agents or representatives.
5.Easement Beuefit.This Perpetual Easement shall be for the benefit of the City,the owners
of the property abuttiog said Perpetual Easement Area,and the owners of property lyiog
within the City,and the general public for the purposes of a public road right-of-way,and the
location of City utilities,including,but not limited to,sanitary and storm sewer,water mains,
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and gas mains,and for the city to reasonably maintain the easement area.
6.Easement Runs with Land.This Perpetual Easement shall be deemed to run with the land
and shall be binding on the parties and on the heirs,successors and assigns of the parties
hereto.Upon conveyance of the Perpetual Easement Area by Grantor,the duties,obligations
and liabilities of Grantor hereunder shall pass to such heirs,successors or assigns,and Grantor
shall have no further duties,obligations or liabilities hereunder.
7.Approval by City Council.The Perpetual Easement shall not be binding until they have
received final approval and acceptance by the City Council of the City of Waukee,Iowa,by
Resolution which final approval and acceptance shall be noted on this Easement by the City
Clerk.
8.Warranties.Grantor does hereby covenant with the City that (I)Grantor holds the Perpetual
area by title in fee simple,subject only to easements and restrictions of record;(2)Grantor
was good and lawful authority to convey the same;and (3)Grantor covenants to warrant and
defend the Perpetual Easement Area against the claims of all persons whomsoever except
those claims arising through or under the City.
9.Construction.Words and phrases herein,including the acknowledgment hereof,shall be
construed as in the singular or plural number,and as masculine or feminine gender,according
to the context.
PASSED mrs 28th DAY OF SEPTEMBER,1998
,JR.
GREG~Y 'FETTERMAN,CITY CLERK