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Home My WebLink About2017-06-19-Resolutions 17-293_Kettlestone Greenway Improvements Phase 1 - Temp Construction Easement - Ashworth Properties IncTHE CITY OF WAUKEE,IOWA RESOLUTION 17-293 APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO THE KETTLESTONK GREENWAY IMPROVEMENTS PHASE 1 PROJECT [ASHWORTH PROPERTIES,INC.] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF 8'AUKEE,IONIA 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 Kettlestone Greenway Improvements Phase 1 Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Ashworth Properties,lnc,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 19"day of June,2017,that it hereby approves the Temporary Construction Easement related to the Kettlestone Greenway Improvements Phase 1 Project [Ashworth Properties,Inc.]. Anna Bergma ayor Pro Tem Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYK X X X NAY ABSENT ABSTAIN lllllllllllllllllillllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID:007157290009 Tvpe:EASE Recorded:07/03/2017 at 09:10:02 AM Fee Amt:$47.00 Page 1 of 9 Dallaa CountV tome Chad C.Airhart RECORDER Fllee SR 20 17 PS 1 2 6 37 TEMPORARY CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer Information: Jordan D.Kappos,P.E. 3000 Westown Pkwy West Des Moines,IA 50266 Return Document Tot L+IICityof Wsukee,Iowa Rebecca Schuett,City Clerk 230 Highway 6 Waukee,Iowa 50263 Grantor:Ashworth Prcperties,Iuc. Grantee:City of Waukee,Iowa TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: The undersigned,Ashworth 'es In an Iowa ~rrxnxL ion (hereinafter referred to as the "Gmntor"),in considemtion of tbe sum of One Dollar ($1.00)and other good snd valuable consideration,the receipt and sufficienc of which is hereby acknowledged,does hereby sell,grant,and convey to the CITY OF WAUKEE, IOWA,a municipal corporation (hereinatter referred to as "the Grantee"),a temporary construction easemxut under,through and across the Mowing described real estate: SEE EXIHBIT "A"AND EXHIBIT "B"ATTACHED HERETO (hereinafter referred to as the Easement Area") That the abovodescribed easement is gmntcd unto the City of Waukee,Iowa,for the purpose of construction and Installsgon of the following public improvement: This temporary construction easemeut shall terminate and be of no force and efFect one (I)year after the date of Snal completion and acceptance of said completed improvements by the City. The Grantee agrees to restore the Easement Area to a condition after constxucdon substantially the same as prior to entry by the Grantee,except ibr sny grading snd above ground impmvements which shall remain in place ss part of the improvement.The surface of the Easement Area will be seeded or sodded and/or Ieit in its natural state as shown on the proposed plans for the pmject. The Grantor agrees that the improvements proposed herein,snd the reasonable restoration of their property,as set forth in this easement aforesaid,shall be full and complete satisgtction and consideration of and for this easement,and Grantor expresses agreemcat that no other liabiEty 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. The Grantee will indemnify and hold harmless Grantor fiom any and all damages, injuries,or losses arising out of Grantee's use of the easement or the work done in connection therewith. The Grantor does HEREBY COVENANT with the said Grantee,and successor- in-intetest,that said Grantor holds said real estate descxibed in this Easement Area by title in fee shnple;that Grantor has good and lawful authority to sell and convey the same;and -2- that said Grantor covenants to W~AND DEFEND the said premises against thc lawful claims of all persons whomsoever,except as may be herein stated, GRANTOR CITY OF WAUKtrZ worth Pronerties,Inc..~0,ii7Strrierrt't'ai ptr 'r erst s~eu'"f Rebecca D.Schuett,City Clerk STATE QF IOWA ) )SS COUNTY OF ) Notary Pubjic in and for said County and the State of Iowa,personally appeared Cl'or A 0 4,to me personaHy known,who being by me duly sworn,did say that that person is inc Irc -.M of the corporation executing the foregoing instrument;that (the seal aIExed to said cnt is the seal of the corporanon or no seal hss been procured by the corporation)and that the instrument was signed (and sealed)on of the corporation by authority of its Board of ~;that oru(.ass cJ ackuowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it snd by him vol ' y execu STUART RUt3W*'~~Commission Number 74558 My Commission Expires August 29,2019 No lic in and or the of Iowa -3- STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of ,20~before me,the underaigned, a Notary Public in and for aid County and the State of Iowa,personally appeared William F,Peard snd Rebecca D.Schuett,to me personally known,who being by me duly sworn,did say that they are the Mayor and City Clerk of the City of Waukee,Iowa,a municipal corporation,executing the withht and foregoimg instrument snd ackaowledged that they executed the same as their voluntary act and deed of the City of Waukee,by it snd by them voluntarily executerL ,ertr4 KATHRYN E.PURVISfCommissionNumber794513 My Commission Expires February 10,m19 o Public 'and for the State of Iowa 4 EXHIBIT A LEGAL DESCRIPTION A temporary gnuHng easement located in Outlot Z,Ashworth Noxth Plat 1,an OfHcial Plat,now included in and forming a patt of the City of Waukee,Dallas County,Iowa. Said temporary easement being more particularly described in three (3)segments as follows: Segment I Beginning at the Northeast corner of Lot I of said Ashworth North Plat I;thence Southeasterly an src distance of 41.69 feet along the South Hne of the Hght-of-way conveyed to the City of Waukee according to the Acquisition Plat thereof recozded in Book 2012 on Page 23867,along a 900.00 foot radius curve concave Northeasterly and having a chord which bears South 82'31*53"East (record bearing Ashworth North Plat 1),41.69 feet to the beginning of a reverse carve concave Southwesterly and having a radius of 750.00 feet;thence Southeasterly along said.South right-of-way Hne and curve thxough a centmi angle of 09'03'05" an sxc distance of 118.48 feet,said curve having a chord which bears South 79'l9'59"East 118.36 feet;thence on a non-tangent line South 15'll'33"West 30.00 feet;thence South 89'15'09"West,164.49 feet to the East line of said Lot 1;thence North 14'06'52"East,6024 feet along said East line to the point of beginning. Containing 7,494 square feet,more or less. Segment 2 Commencing at the Northeast cozner of Lot I of said Ashworth North Plat I; thence Southeasterly an mc distance of 41.69 feet along the South line of the right-of-way conveyed to the City of Waukee ~to the Acquisition Plat thereof recorded in Book 2012 on Page 23867,along a 900.00 foot radius cmve concave Northeasterly and having a chord which beats South 82'31'53"East (recoxd bearing Ashworth North Plat 1),41.69 feet to the beginning of a reverse curve concave Southwesterly and having a radius of 750.00 feet",thence Southeasterly along said South right-of-way line snd curve thxough a central angle of 20'56'10"an azc distance of 274.05 feet,said curve having a chord which bean South 73'23'26"East,272.53 feet to the point of beginning;thence continuing Southeasterly along said South zigbt-of-way line and'said 750.00 foot radius curve through a central angle of 07'38'42"an axc distance of 100.07 feet, said curve having a chord which bears South 59'06'00"East,100.00 feet;thence on a non-tangent line South 34'43'21"West,30.00 feet to the beginning on a non-tangent curve concave Southeasterly and having a radius of 720.00 feet; thence Northwesterly along said curve thxough a central angle of 07'38'42"an arc distance of 96.07 feet,said curve having a chord which bears North 59'06'00" -5- West,96.00 feet;thence on a non-tangent line North 27'04'39"East,30.00 feet to the point of beginning. Containing 2,942 square feet,more or less. Segment 3 Commencing at the Northeast corner of Lot 1 of said Ashwozth North Plat 1; thence Southeasterly an arc distance of 41.69 feet along the South Hne of the right-of-way conveyed to the City of Waukee according to the Acquisition Plat thexeof recorded in Book 2012 on Page 23867,along a 900.00 foot radius cuxve concave Northeasterly snd having a choxd which bears South 82'31'53"East (record bearing Ashworth North Plat 1),41.69 feet to the beginning of a reverse curve concave Southwesterly and having a radius of 750.00 feet;thence Southeasterly along said South zight-of-way line aud cuxve thmugh a central angle of 31'04'03"an axc distance of 406.67 feet,said curve having a chord which bears South 68'19'30"East,401.71;thence continuing along said South right-of- way line South 52447'28"East,11.46 feet to the Southeast corner thereof;thence North 37'12'32"East,100.00 feet along the East line of said right-of-way to the beghming of a tangent carve concave Northwesterly and having a radius of 765.00 feet thence Northeasterly along said curve thmugh a central angle of 02414'49" an src distance of 30.00 feet,said curve having a chord which 'bears North 36'05*08"East,30.00 feet to the point of beghudng;thence continuing along said East right-of-way line snd said 765.00 foot radius cuzve though a central angle of 07'29'42"an arc distance of 100,07 feet,said curve having a chord which bears North 31'12'52"East,100.00 feet;thence on a non-tangent line South 62'31'59" East 10.00 feet to the beginning of non-tangent curve concave Nozthwestcrly snd having a radius of 775.00 feet;thence Southwesterly along said curve thmugh a central angle of 07'29'42"an am distance of 101.38 feet,said curve having a chord which bears South 31'l2'52"West,101.31 feet;thence on a non-tangeut linc North 55'02'17"West,10.00 to the point of beginning. Containing 1,007 square feet,more or less.Total area containing 11,443 square feet, more or less. -6- EXHINT%'~ENT DRAWING FOR TEMPORARY GRADING FOR THE CITY OF NAUKEE,IA CITY OF NAUKEE BK2012 PG23667 / C2 / / / U ISNNEYR ASHNORTH PROPERTIES GOOK 2016 PASCAL lOI' 1604427001 INC. PAGE 16144 P.O.B. SEGMENT NE CORNER LOT 1 01 LOT 1 .+c',YZ~'~ y~jgyj/~i eggs ygjg~-;. I GGG '16'09™I on,I 164 49oo'Iwto /S16 11 33 N /30.00' I I OUTLOT Z PREPARED SY.'YEBISTRA 6 KIIM,IIC.-3000 NESTIMN PARNAY -NEST DES NDINEE IONA 50266-1320 -515)225-8000 I I I TAO ~qOEA UPE RA038 DELTA AIR.'CHCIO 82AROG ONSET Ci 90090'2'39'16'4189'982'3133'E 4199' 02 750.00'9'03'05'11848'979'1959'E 11636' ~TEMPORARY EASEMENT~SEGMENT 1 7,494 SQUARE FEET SEGMENT 2E942SQUARE FEET ESMENT 3 ,007 SQUARE FEET bTAL AREA 1.443 SQUARE FEET 100 ' 0 100 200 NORTH TEMPORARY GRADING EASEMENT IN OUTLOT Z,ASHNORTH NORTH PLAT 1 Ore.NO. E-1 1 OF 3 l&kkCT %II"lÃ4 PIEPNEO 87:VEENSTRA 8 NIIM,INC.-3MO NESTONN PAINIAV -NEST OES NOINES.IIMA 50256"1320 "(515)2268800 ONNNN ASHWORTH PROPERTIES BOOK 2016 PAICEL IO.' 1604427001 P.O.C. SEGMENT 2 NE CORNER LOT 1 EXHIBIT VP EASEMENT DRAWING FOR TEMPORARY GRAOING FOR THE CITY OF WAUKEE,IA PAGE 15144 CITY OF WAUKEE BK2012 PG23667 / / / / LOT 1,/ / / / C1 Cy N27'04'36 E30.00' OUTLOT I / // P.O.B. SEGMENT 2 // C4 / 634'43'21 W30.00' pLO TAO P,S~NAOS LOE AAOIIS IH TA C1 90090'2'39'16 41.69'882'3133'6 C3 750/10'20'%'10'274/!5'S73 "c926'E 7 '38'42 100.07 7'38'42 9637'N59'0690'8 4139' mI TEM SEB ,4 EB h 01. PORARY EASEMENT MENT 1 ARE FEET94SQU MENT 2 42 SQU MENT 3 07 SQU AL ARE 443 6 ARE FEET ARE FEET A QUARE FEET 1"100' 0 100 200 NORTH TEMPORARY GRADING EASEMENT IN OUTLOT I,ASHWORTH NOR'TH PLAT 1 OWQ.NO. JWNNSI PN SIIE 04.n n WEEOONRl G NNg INC «scaseea ~namwe aw ~~nnw E —k 2 OF 3 EXHIBIT 'B' EASEMENT DRAWING FOR TEMPORARY GRADING FOR THE CITY OF WAUKEE.IA CITY OF WAUKEE GK2012 PG23667 S62'31'59 E I 10.OO OOYNEPH ASHWORTH PROPERTIES.INC. GOOK 2016 PISS 15144 PIINEL IR 1504427001 P.O.C. SEGMENT 3 NE CORNER LOT 1 C1 PRPPARSO 8Y:YSEHSTRA 8 KIHR IHC."3600 HESTOHH PARKHAY -ICOSI IKS HOIIES.IONA 58266-1320 -515)225-8000 I LOT / / / OUTLOT Z IELTA P.a.e. SEGMENT 3 S52'47'26 E11.46' YAO N56'02'17 N 10.00' N3?'12'32"E100.00' CG 07 CG 90030' 76530' 2'39'16"4139' 31'0493'40657' 2'14'49'30.00' 7 cG'42'10007' 7 "cG'42 10136' 692'31'53'E 866'30"6 N36 '05'067 N31'125tE S31 '12 52'N 4Hi9' 401.71 10131 ~TEMPORARY EASEMENT SEGMENT 1.'494 SQUARE FEET ESMENT 2.942 SQUARE FEET EGMENT 3 ,007 SQUARE FEET OTAL AREA 1,443 SQUARE FEET 100' 0 100 200 NORTH TEMPORARY GRADING EASEMENT IN OUTLOT I,ASHWORTH NORTH PLAT 1 NCNC IWRICCC INICCC7 NNC ~NCACCCC RIIWSNMF ClNC 3 OF 3 R&Rcf ccccc i!Ice