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Home My WebLink About2017-06-19-Resolutions 17-294_Kettlestone Greenway Improvements Phase 1 - Temp Construction Easement - KC Kettlestone LCTHE CITY OF WAUKEE,IOWA RESOLUTION 17-294 APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO THK KKTTLESTONE GRKENWAY IMPROVEMENTS PHASE I PROJECT [KC KETTLESTONE,L.C.] 1N THE NAcME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,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 Kettlestone Greenway Improvements Phase I Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by KC Kettlestone,L.C.,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 I Project [KC Kettlestone,L.C.]. Anna Bergm,ayor Pro Tem Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X NAY ABSENT ABSTAIN IIIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII Doc ID:007157260006 Type;EASE Recorded:07/03/2017 at 09:09:34 Ar1 Fee Amt:$32.00 Page 1 of 6 Dallas County Iowa Chad C.Airhart RECORDERFile¹ SR 2017 F012636 TEMPORARY CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer Informatiout Jordan D.Kappos,P.E 3000 Wcstown Pkwy West Des Moines,IA 50266 'r,'Return Document To: City of Wsukee,Iowa Rebecca Schuett,City Clerk 230 Highway 6 Waukee,Iowa 50263 Grantor: Grantee: KC Kettle~6,L.C. City of Wackee,Iowa TEMPORARY CONSTRUCTION EASE~(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1.Grant of EasemeulLsa, The undersigned,KC Kettleston I.C.,an Iowa Hmited liabilit corn an(h~r refened to as tbe "~,in consideration of the sum of One Dollar ($1.00)and other good and valuable consideration,the receipt and suIEciency of which is hereby acknowledged,does hereby sell,grant,and convey to thc CITY OF WAUKEE, IOW'A,a mumcipal corporation (heremafter referred to as "the Grantee'~a temporary construction easement under,through aud across the following described real estate: SEE EXHIBIT "A"AND EXHIBIT "B"ATTACHED HERETO (hereinaiter referred to as the "Easement Ares") That the above-described easement is gumted unto the City of Waukee,Iowa,for the purpose of construction snd installation of the following public improvements: This temporary construction easement shall terminate and be of no force and effect one (1)year a8er the date of fhud completion and acceptance of said completed improvements by the City. The Grantee agrees to restore the Eascmcut Area to a condition after construction substantially the same as prior to entry by the Grantee,except for any grading snd above ground impmvements which shall remain in place as part of the improvement.The surgtce of the Eascmeut Area will be seeded or sodded and/or left in its natural state as shown on the proposed plans for the project. 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 satisfhction and consideration of and for this easement,snd Grantor expresses agreement that no other liability shall attach or be ~or claimed against the Grantee as a result of or because of the construction of the improvement intended,or the use of the easemeut herein granted. The Grantee will indemnify and hold harmless Grantor fmm any and all damages, injuries,or losses arisiug out of Grantee's use of tbe easement or the work done in connection therewith. The Grantor does HEREBY COVENANT with the said ~snd successor- in-mterest,that said Grantor holds said real estate described in this Easement Area by title in fee simple;that Grantor has good sud lawfbl authority to sell and convey the same;and that said Grantor covenants to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever,curcept as may be herein stated. Signed this day of Fur n,t.,2017 GRANTOR CIIY OF WAUKE C Kettlestone,L.C. SY:412brrt &AAstr~,ltrbrssrer .P Mayor Attest: Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF ) Onthis tr dayofCW» ,20~/before me,the undersigned,tt a Notary Publjc in for said County and the State of Iowa,~y appeared ,to me personaUy known,who bgdng by me duly swum,did say that that parson is of the corporation executing the foregoing instrument;that (the seal afSxed to said instrument is the seal of the corporation or no seal has bean procured by the corporation)and that the iustnnnent was signed (and N salad)on belptif of tbe corporation by authority of its Board of Directors;that vW 0 /U acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by him I ' y seated. STUART RUDDY %Commission Number 74!658 My Commission Exrsres August 29,2019 otary Public in and for e State of Iowa -3- STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this H8 day of u,rruL 20~befom me,the ndersigned, a Notruy Public in and for said County snd the State of Iowa,personally ~ William F.Peard and 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 within and foregoing instnunent aud acknowledged that they executed the same as their voluntary act and deed of the City of Waukee,by it and by them voluntarily executed. aaIrs KATHRYN E.PURVIS Commission Number 794513 My Commission Expires February 10,2019 N tery 'cin and forth tate ofIowa -4- EXHIB1T A LEGAL DESCRIPTlON A temporary grading casement located in Lot 1,Ashworth North Plat 1,an Of6cial Plat, now included in and forming a psxt of the City of Waukee,Dallas County,iowa.Said temporary easement being more particuMy described as follows; The East 70.00 feet of the North 60.00 feet of said Lot l. Containing 4,200 square feet,more or less. -5- PREPARES SY'.YEBGTRA 6 KINN,INC.-3000 NESTONN PARKNAY -NEST IES NOIIES,IONA 60266-1320 -BISI 226"0000 0000666 KC KETTLEGTONE,LC BOOK 2016 PAGE 17452 PAINE ER 1604427002 EXHIBIT 'B' EASEMENT DRAWING FOR TEMPORARY GRADING FOR THE CITY OF WAUKEE,IA CITY OF WAUKEE BK2012 PG23867 LOT 1 P.O.B. NE CORNER LOT 1 EAST70.00 I NORTH / I I OUTLOT I OEA5 P,S~NAOS I / I"100' 0 100 200 NORTH ~TEMPORARY EASEMENT~4,200 SQUARE FEET CW!I'Ill' laaa aa aalal aN TEMPORARY GRADING EASEMENT IN LOT 1.ASHWORTH NORTH PLAT PRPC aknaaalwl aaAaaF Ilaa ~aaaaa aa\nn4'lan nanaeae ~nanane seo ~nanannnwTA OWQ.NO. 10F1 Ilaaaf IIIII-IIIII