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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. ~,,------- Attest: ROLL CALL VOTE AYE NAY ABSTAIN Nicholas C.Gruber Marvin Berger Robyn S.Heath Bill Peard Larry Lyon x x x X X