HomeMy WebLinkAbout1999-10-04-Resolutions 99-117_Gilcrest Jewett - EasementCITY OFWaukee.II.THE KEY TO GOOD LIVING
RESOLUTION NO 99-117
RESOLUTION ACCEPTING UTILITY EASEMENT FROM GILCREST
JEWETT LUMBER COMPANY
WHEREAS,the City Council of the City of Waukee deems it necessary and prudent to
accept the hereto described utility easement;and
WHEREAS,the following utility easement will provide for the necessary area needed to
install and maintain City utilities.
NOW THEREFORE,be it resolved that the City Council of the City of Waukee does
hereby agree to and accept the Utility Easement Granted by Gilcrest Jewett Lumber
Company in the following form:
UTILITY EASEMENT
Know All Persons by These Presents:
That Gilcrest Jewett Lumber Company,(hereinafter called "Grantor"),for good
and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,
do hereby convey unto the City of Waukee,Iowa,a municipal corporation,(hereinafter
called "City"),a perpetual easement and right-of-way under,over,on,through,across
and within the following described real estate:
The West 15.00 feet of the East 65.00 feet of the South 1159.51 feet of the
Southeast Y.of Section 34,Township 79 North,Range 26 West of the 5th P.M.,
Waukee,Dallas County,Iowa,EXCEPT the South 60.00 feet thereof.
hereinafter called the "Easement Area",for the purpose of the City constructing,
repairing,replacing,enlarging,inspecting and maintaining a Gas Main together with all
necessary structures and appurtenances thereto,under,over,on,through,across and
within the Easement Area.
This Easement shall be subject to the following terms and conditions:
1.Erection and Placement of Structures Prohibited.Grantor shall not,
nor will grantor allow any other person or entity,to erect any residence,
garage,building or other permanent structure,(except a paved roadway,
driveway,sidewalk,parking,curb,fence,landscaping,ground cover,or
ground cover)under,over,on,through,across or within the Easement
Area.I
2.Change of Grade Prohibited.Grantor shall not change the grade,
elevation or contour of any part of the Easement.
3.Right of Access.The City shall have the right of reasonable access to the
Easement Area,and have all rights of ingress and egress reasonable
necessary for the use and enjoyment of the 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 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 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.The City shall restore the Easement Area after
exercising its lights hereunder from time to time (including repairing or
replacing any paved roadway,driveway,sidewalk,parking,curb,fence,
landscaping,or ground cover.
5.Easement Benefit.This Easement shall be for the benefit of the City,the
owners of the property abutting said Easement Area,and the owners of the
property abutting said Easement Area,and the owners of property lying
within the City,but rights hereunder may be exercised only by the City
and/or its designated agents.
6.Easement Runs with Land.This Easement shall be deemed to nm with
the land and shall be binding on the parties and on the heirs,successors
and assigns ofthe parties hereto.Upon conveyance of the 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.This Easement shall not be binding until it
has received final approval and acceptance by the City Council of the City I
of Waukee,Iowa,by Resolution which fmal 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 Easement Area by title in fee simple,subj ect only to easements
and restrictions of record;(2)Grantor has good and lawful authority to
convey the same;and (3)Grantor convenants to warrant and defend the
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 acknowledgement
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 ,.1999.
Grantor:Grantor:
By _By _
By _By _
SS:
STATE OF IOWA
COUNTY OF DALLAS
On this day of ,A.D.1999,before me,a
Notary Public in and for the State of Iowa,personally appeared._
to me known to be the person named in and who executed the foregoing instrument,and
acknowledged that executed the same as _
voluntary act and deed.
Notary Public in the State ofIowa
STATE OF IOWA
SS:courrrv Of DALLAS
]On this day of ,A.D.1999,before me a Notary
Public in and for the State ofIowa,personally appeared _
to me known,who being by me duly (sworn or affirmed)did say that person is
of said (corporation or association),that (the seal affixed to said instrument is the seal of
said or no seal has been procured by the said)(corporation or association)and that said
instrument was signed and sealed on behalf of the said (corporation or association)by
authority of its board of (directors or trustees)and the said -:--------c--:----:-----:-----;-
acknowledged the execution of said instrument to be the voluntary act and deed of said
(corporation or association)by it voluntarily executed.
Notary Public in the State ofIowa
]
CERTIFICATION
I,Mark Arentsen,City Administrator,of the City of Waukee,Dallas County,
Iowa,do hereby certify that the within and foregoing Utility Easement was duly approved
and accepted by the City Council of the City of Waukee,by Resolution No.9 9 -118 ,
passed on the 4 th day of October ,1999,and this certificate is made
pursuant to authority contained in said Resolution.
Signed this 4th day of_O_c_t_o_b_e_r ,1999.
Mark J.Arentsen
City Administrator
City of Waukee
Passed and accepted this 4th day of October,1999.
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Attest:
ROLL CALL VOTE AYE NAY ABSTAIN
Nicholas C.Gruber
Marvin Berger
Robyn S.Heath
Bill Peard
Larry Lyon
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