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Home My WebLink About2017-07-24-Resolutions 17-344_Shops at Kettlestone North P1 - Temp Construction Easement - GoodallTHE CITY OF WAUKEE,IOWA RESOLUTION 17-344 APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO THE THE SHOPS AT KETTLESTONK NORTH PLAT 1 [CHARLES GOODALLj IN THE NAMEAND BY THEAUTHORITYOF THE CITYOF 8'AUKEE,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 Easement is necessary for the purpose of construction of The Shops at Kettlestone North Plat 1;AND, WHEREAS,said easement shall be located on a portion of the property owned by Charles Goodall 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 24"day of July,2017,that it hereby approves the Temporary Construction Easement related to the The Shops at Kettlestone North Plat 1 [Charles Goodall]in the amount 1.00. Wi iam F.card,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X NAY ABSENT ABSTAIN IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIIIIIIIIII Doc ID:007263940006 Tvce:EASE Recorded:08/03/2017 at 08:55:37 Am Fee Amt:$32.00 Page 1 of 6 Dallas CountY Iowa Chad C.Airhart RECORDER Files 20i7 -i5043 TEMPORARy COiiiSTRUCTIO".sl EASEMENT Recorder's Cover Sheet Preparer Information:(nadne,address and plrone number) Rudy Koester,Asst.P W Director -Engineering 805 University Avenue Waukee,Iowa 50263 5I5-978-7388 Return Document To:(name and complete address) y, '''-City of Waukee,Iowa Rebecca Schuctt,City Clerk 230 Highv'ay 6 Waukee,Iowa 50263 Grantor:Charles Goodall Grantee:City of Waukee,Iowa TEtYIPORARY CONSTRUCTION EASEMENT KNOW TO ALI.PERSONS BY THESE PRESENTS: The undersigned,CHARLFS COODALL,property owner of 3233 Ashworth Road,Waukee,iowa 50'263 (hereinafter ret'erred to as the "Grantor"),in consideration of the sum of One Dollar ($1.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does hereby sell,grant,and convey to the CITY OF WAUKEE,IOWA,a municipal corporation (hereinafter referred to as "thc Grantee"),a temporary construction easement under,through and across the following described real estate: SEE EXHIBIT "A"ATTACHED HERETO (hereinafter referred to as the "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: This temporary construction easement shall terminate and be of no force and effect one (I )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 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. The Grantor agrees that thc improvements proposed herein,and the reasonable restoration of'their property,as set forth in this easement 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 ot the improvement intended,or the use of the easement herein granted. Thc Grantee will indemnify and hold harmless Grantor from 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-interest,that said Grantor holds said real estate described in this Easement Area by title in fee simple;that Grantor has good and lawful 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,except as may be herein stated. .0 thi ~y f~,20tt GRANTOR aries Goodall,Property Owner CITY OF WADKEE r W tarn F.card,Mayor Attest: Rebecca D.Schuett,City Clerk STATF.OF IOWA ) )SS COUNTY OF ) On this ~~day of ,20 ~~before me,the undersigned, a Notary Publji-„in and for said County and the State of Iowa,personally appeared Grdce@-l/to me personally known,who being by me duly sworn,did say that that person is of the corporation executing the foregoing instrument;that (the seal aftixed to said instrument is the seal of the corporation or no seal has been procured by the corporation)and that the instrument was signed (and .aled)on b half of the corporation by authority of its Board of Directors;that acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily executed. Notary Pub)'(in nd for State of Iowa 3- STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of ,20~I,before me,the undersigned, a Notaiy Public in and for said Cou y and the State of Iowa,personally appeared 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 cog&oration,executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee,by it and by them voluntarily executed. KATHRYN E.PURVISAeCommissionNumber794515 My Commission Expires February 10,2019 Nota ublicin nd for.the Stateof owa EXHIBIT A LEGAL DESCRIPTION A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE SOUTHFAST '/~OF THE SOUTIIWEST '/~OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THF.5 'P.M.,VVAUKEE,DALLAS COUNTY,IOWA.SAID EASEMENT BEING iMORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTH WEST CORNER OF THE SHOPS AT KETTLESTONE PLAT I AN OFFICIAL PLAT IVi THE CITY OF WAUKEE RECORED BOOK 2017,PAGE 3256;THENCE S83'46'21 "W,80.00 FEET ALONG THE NORTH RIGHT OF WAY LINE OF ASHWORTH ROAD AS IT IS PRESENTLY ESTABLISHED;THENCE N00"18'55 "E,100.00 FEET:THENCE N83'46'21 "E,80.00 FEET TO THE VVEST LINE OF SAID PLAT;THENCE S00"18'55*'W,100.00 FEET ALONG SAID VEST LINE TO THE POINT OF BEGPNNING. EXHIBIT 'A' TEMPORARY CONSTRUCTION EASEMENT aa DEt EA TEMPORARY CONSTRUCTION EASEMENT 50'SAI' SENER E LLI ~o)DO IQ o O LDa N h)yAFo'2)0 P.O.B.—Shl CORNER OF TI-IE SI-IOPS AT ICETTLESTONE PLAT Bl 2017 PG 3231* EASEMENT LEOAL DFSCRIITTION A TEftPORARY CONSTRUCTION FASEFIENT LOCATED IN THE 5OUTHEAST 5 OF THE SOUTHWEST 5 OF 5ECTION 4,TOWH5HIP TS NORTH,RANGE 24 WEST OF TNE 5TH P W.,WAUKEEI DALLAS COUNTY,IOWA.SAID EA5EWENT BEING ltORE PARTICULARLY DE5CRIBED AS FOLLOW5. BEGINNING AT TIIE SOUTH WE5T CORNER OF THE SHOPS AT KETTLE5TONE PLAT I,AN OFFICIAL PLAT,IN TIIE CITY OF WAUKEE, RECORED BCXIK 2017,PAGE 3235,THENCE 55%44'21'W,50.00 FEET ALONG THE NORTH RIGHT OF WAY LINE OF ASHWORTH ROAD AS IT 15 PRESENTLT ESTABLISIIED,THEtlCE Noo'15'55"E,100.00 FEET; THENCE NS3'45'21 "E,50.00 FEET TO THE WEST LINE OF 5AID PLAT; TtlENCE StXFIS'35'W,10000 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING COOPER CRA WFORD k ASSOCIATES,L.L.C, CIVIL ENGINFERS 475 S.50th Street.Soltc 800.EEcst Dcs )ttomcs,IA 503(i5 Phone:(515)33-)-1344 FSK:f515)334-1345 0 '15 50 SCALE.I"50' DATE:03-37-3017 JDB NUhIBEIt CC 1747