The URL can be used to link to this page

Home My WebLink About2017-08-21-Resolutions 17-399_Alice's Rd Corridor Phase 5 - Temp Construction Easement - University of Iowa Community Credit UnionTHE CITY OF WAUKEE,IOWA RESOLUTION 17-399 APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO ALICE'S ROAD CORRIDOR IMPROVEMENTS,PHASE 5 [UNIVERSITY OF IOWA COMMUNITY CREDIT UNION] IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUI EE,108'A 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 Alice's Road Corridor Improvement Project,Phase 5 (the "Project");AND, WHEREAS,said easement shall be located on a portion of the property owned by University of Iowa Community Credit Union and legally described as referenced in Exhibit A,which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 21"day of August,2017,that it hereby approves the Temporary Construction Easement related to Alice's Road Corridor Improvement Project,Phase 5,with payment made by the City to property owner(s)University of Iowa Community Credit Union in the amount o 1.00. 0 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 NAY ABSENT ABSTAIN X X IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID:007288300005 Tyne:EASERecorded:08/31/2017 at 08:12r45 AMFeeAmt:$27.00 Page 1 of 5DallasCountyIowaChadC.Airhart RECORDERFiles SK20$7 Poi7126 TEMPORARY CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer Information:Ryan K.Gurwell,A 6'4 R Land Services 1609 Golden Aspen Dr.,Suite 104,Ames,IA 50010 (515)337-1197 Return Document To:City of Waukee,Iowa Rebecca Schuett,City Clerk 230 Highway 6 Waukee,Iowa 50263 Grantor:University of Iowa Community Credit Union Grantee;City of Waukee,Iowa TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: The undersigned,UNIVERSITY OF IOWA COMMUNITY CREDIT UNION (hereinafter referred 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 "the Grantee"),a temporary construction easement under,through and across the following described real estate: SEK TEMPORARY EASEMENT PLAT ATTACHED HERETO (hereinafter referred to as the "Easement Area") That the above-described easement is granted unto the City of Waukee,Iowa,for the piupose of construction and installation of the following public improvements:SE Alices Road Im rovements Pro'ect-Phase 5. 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 the 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 of the improvement intended,or the use of the easement herein granted. The 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 satue;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. ug dthi rr d y r~,2017. GRANTOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION CITY OF WAUKEE SIGNATURE am .P ard,ayor 8-r'4 @poir PRINTED NAME Attest: TITLE Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this I5 day of Jti ,20~i,before me,the undersigned, a Notary Public in and for said C nty and the State of Iowa,personally appeared ,to me personally known,who being by me duly sworn,did say that that person is ~p~k~~of the corporation executing the foregoing instrument;that (the seal affixed 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 sealed)on behalf f the corporation by authority of its Board of Directors;that ui le'cern acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily executed. e '''* 0WA JONATHAN tsUQJAM cpmmissipn Number s pi resMreamIssinaxmres N tary Public in and for he State of Iowa STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of u.c CL".,20~,before me,the undersigned, a Notary Public in and for said County 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 corporation,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. ur&e KATHRYN E.PURVIS xe Commission Number 794513 My Commission Expires February 10,2019 No ry Publ in and for the State of Iowa Prepared by Jody Budde,8191 Birchwood Court,Suite L,Johnston,(A 50131 Phone:515-254-1393 TEMPORARY EASEMENT EKH(B(T42-T PROPERTY OWNER: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION Clo NATHAN ALLEN 5820 WESTOWN PARKWAY WEST OES MOINES,IA 50066 BOOK 2009,PAGES 6499-6500 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 2 OF THE CROSSING AT ALICE'5 ROAD PLAT 4,AS RECORDED IN BOOK 2015,PAGE 20364 OF THE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY, IOWA,MORE PARTICULARLV DESCRIBED AS FOLLOWS. I FND 5(8"IR YCAPII7841 COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, THENCE NORTH 59'43'40"INES T,29.45 FEET ALONG THE NORTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING;THENCE SOUTH 04'20'30"WEST,15.76 FEET;THENCE SOUTH 00'31'39"WEST, 187 35 FEET;THENCE SOUTH 45'13'3tl"WEST,21 33 FEET',THENCE NORTH 00'31'39'EAST,218.17 FEET TO THE NQRTH LINE OF SAID LOT 2:THENCE SOUTH 89 43'40"EAST,1605 FEETALONG SAID NORTH LINE TO THE POINT OF BEGINNING. LOT I G C$D CYD L KYV K "eV" SDK S 9 60' SAID PARCEL CONTAINS 3,168 SQUARE FEET OR 0.07 ACRES MORE OR LESS,SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2011)IA SPCS SOUTH ZONE,US SURVEY FOOT. POB S 89'43'40'E 16.05' 238.44%M &R) S 89'55'l9"W 1317.78' TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO SE AL(CES ROAD (MPROVEMENTS PARCEL42 FNO CUT X NE CORNER I I SE1/4 SEU4 SEC 27-79-26 (S' O IW 0 IJ I Pu 'g Z N+- FEET NOTE HOHUNBHYS SHOWN TO BE BEY WILL 86 SSYABLlsHSD AFTER COHStSUCYIOH IS COIJBLS1SD N 89'43'40"W 29.45' POC S 04'20'30"W 15.76' SIDIP 31'39'W 187.35' '43.36' SI45'l3'30"W 21.33 THE CITY OF WAUKEE FND BRASS PLUG SE CORNER SEC.27-79-26 LEGEND A FOUND SSCTIQH CORNER HDHUHSHY Z!BSTBEOTIDH coRNER HDHUHSNT ~FDOHD cut x IDHLBBB Hotsol 0 SST5IS'HSSOD WIFIHK CKP411841 (UHLSSS HOYSD) (Mj MEASURED DIHSHSIQH (RI REcoRDED DIH6HSIQH I.R.IRQH RDD I.P.IHQH PIPE SECYIQH LIHS—RIGHT-OF WAY LINE EXISTING LO 7 1I H6 PHOPES1YLIHE TEMPORARY COHSYHUCDOH EASEMENT FND DOT DISK FIELD SURVEY COMPLETED:JANUARY 2017 SURVEY FOR; CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE,IA 50263 TELJ (515)987-4363 FOTH PROJECT NO.ISW021-01 DATE.U2772017 +Forth FWHI I t t SE W t LLC 818181 H~C .588 1 1 .I 5P3 W3.5 5.15 13831 '5 53WJH SHEET 1 OF 1