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HomeMy WebLinkAbout1998-09-28-Resolutions 98-49_Windfield P1 Lot 37 - EasementRESOLUTION NO.98-49 RESOLUTION EXCEPTING GRANT EASEMENT FROM CHARLES H. UNDERWOOD. OF UTILITY &EDITH L.I WHEREAS,Charles H.&Edith L.Underwood have agreed to grant an easement in consideration of the sum of one dollar($I.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 oflocating a storm sewer pipe: The western three feet (3)of Lot 37 in Windfield 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: I.Erection and Place of Structnres 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 Benefit.This Perpetual Easement shall be for the benefit of the City,the owners of the property abutting said Perpetual Easement Area,and the owners of property lying within the City,and the general public for the purposes of a public road right-of-way,and the I location of City utilities,including,but not limited to,sanitary and storm sewer,water mains, 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 (1)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 singnlar or plural number,and as masculine or feminine gender,according to the context. PASSED THIS 28th DAY OF SEPTEMBER,1998 MAYOR,DONALD L.BAILEY,JR.