HomeMy WebLinkAbout2016-03-14-F01B Westown-R22 Intersection - Temp Construction Easement - Johnson.
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 14, 2016
AGENDA ITEM: Consideration of approval of a resolution approving and accepting Temporary
Construction Easement in the amount of $24,038.00 related to the Westown
Parkway/R-22 Intersection Improvement Project (Mark and Lisa Johnson)
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: A Temporary Construction Easement consisting of 26,395
square feet is required for the Westown Parkway/R22 Intersection
Improvements Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Temporary easement
$4,038.00 – Tree compensation $20,000 – Total $24,038.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Easement
PREPARED BY: Beth Richardson
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING TEMPORARY CONTRUCTION EASEMENT RELATED TO
THE WESTOWN PARKWAY/R-22 INTERSECTION IMPROVEMENT PROJECT
[MARK A. AND LISA E. JOHNSON]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, it has been determined that a Temporary Construction Easement is necessary for
the purpose of construction of the Westown Parkway/R-22 Intersection Improvement Project;
AND,
WHEREAS, said easement shall be located on a portion of the property owned by Mark A. and
Lisa E. Johnson, and legally described as referenced in Exhibit A, Easement Area, of the
Temporary Construction Easement which is attached hereto.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
14th day of March, 2016, that it hereby approves the Temporary Construction Easement related
to the Westown Parkway/R-22 Intersection Improvement Project, with payment made by the
City to property owner(s) Mark A. and Lisa E. Johnson in the amount of $24,038.00.
____________________________
William F. Peard, Mayor
Attest:
________________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
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Preparer Information: Steven P. Brick, 6701 Westown Parkway, Suite 100, West Des Moines, Iowa 50266 (515) 274-1450
Return to: City Clerk, City of Waukee, 230 Highway 6, Waukee, Iowa 50263 (515) 987-4522
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, Mark A. Johnson and Lisa E. Johnson, husband and wife,
hereinafter referred to as "Grantor", in consideration of the sum of Twenty Four Thousand Thirty
Eight Dollars ($24,038.00), and other valuable consideration, in hand paid by the City of
Waukee, Iowa, receipt of which is hereby acknowledged, do hereby sell, grant and convey unto
the City of Waukee, Iowa, a municipal corporation, in the County of Dallas, State of Iowa,
hereinafter referred to as "Grantee", a temporary construction easement under, through, and
across the following described real estate:
See Attached Exhibit “A” (“Easement Area”)
That the above-described easement is granted unto the City of Waukee, Iowa, for the
purpose of construction and installation of the following public improvements:
WESTOWN PARKWAY/R-22 INTERSECTION IMPROVEMENT PROJECT
This temporary construction easement shall terminate and be of no force and effect one
(1) year after the date of final completion and acceptance of said completed improvements by the
City.
The Grantee agrees to restore the Easement Area to a condition after construction
substantially the same as prior to entry by the Grantee, except for any grading and above ground
improvements depicted in the Grading plans provided to Grantors which shall remain in place as
part of the improvement. The surface of the Easement Area will be seeded or sodded and/or left
in its natural state as shown on the proposed plans for the project. Grantors understand and agree
that Grantor will be responsible for any tree replacement at their sole cost and expense.
The Grantors agree that the compensation paid unto Grantors; the improvements
proposed herein; and the reasonable restoration of their property, as set forth in this easement
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aforesaid, shall be full and complete satisfaction and consideration of and for this easement, and
Grantor expresses agreement that no other liability shall attach or be charged or claimed against
the Grantee as a result of or because of the construction of the improvement intended, or the use
of the easement herein granted, except to the extent setforth in the memorandum of
understanding between the parties.
The Grantor does hereby covenant with the said Grantee, and successor-in-interest, that
said Grantor holds said real estate by title and fee simple; has good and lawful authority to sell
and convey the same; that said premises are free and clear of all liens and encumbrances
whatsoever, except as may be herein stated; that said Grantor covenants to warrant and defend
the said premises against the lawful claims of all persons whomsoever, except as may be herein
stated.
IN WITNESS WHEREOF, we have hereunto affixed our hands this _________ day of
____________________, 2016.
Mark A. Johnson and Lisa A. Johnson, Husband
and Wife
By: _____________________________________
Mark A. Johnson
By: _____________________________________
Lisa E. Johnson
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of ______________, 2016, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Mark A. Johnson and Lisa E. Johnson, to me
personally known, and that said persons acknowledged the execution of the foregoing instrument
to be their voluntary act and deed and by them voluntarily executed.
____________________________________
Notary Public in and for the State of Iowa
My Commission expires ___________