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Home My WebLink About2015-06-01-Resolutions 15-174_Westown Pkwy-LA Grant Pkwy Intersection - Temp Construction Easement - Waukee United Methodist ChurchTHE CITY OF WAUKEE,IOWA RESOLUTION 15-174 APPROVING TEMPORARY CONSTRUCTION EASEMENT [WAUKEE UNITED METHODIST CHURCH] INTHENAMEAND BYTHEAUTHORITYOF THE CITYOF IYAUKEE,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 SE Westown Parkway/SE L.A.Grant Parkway Intersection Improvements Proj ect;AND, WHEREAS,said temporary consnuction easement shall be located on a portion of the property owned by Waukee United Methodist Church,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 thisI"day of June,2015,that it hereby approves the Temporary Construction Easement from Waukee United Methodist Church,property owner within the SE Westown Parkway/SE L.A. Grant Parkway Intersection Improvements Project,with payment made by the City to the property owner(s)in the amount of $1.00. tlliam .card,ayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X NAY ABSENT ABSTAIN .8i'ru.i«t i«»w Da i»u I »~24Cif»'«Vl'»5063~%- TEMPORARY CONSTRUCTION KASKMKNT I&NOW ALL 'MEN BY THESE PRESENTS: That we,the undersigned,Waukee United Methodist Church,an Iowa Non-ProfitCorporation,hereinafter referred to as "Grantor",in consideration of the sum of One Dollar($1.00),and other valuable consideration,in hiuid paid by the City of Waukee,Iowa,receipt ofwhichisherebyaclmowledged,do hereby scil,grant and convey unto the City of Waukee,Iowa,a municipal corporation,in fhe Coimty of Dallas,State of Iowa,hereinafter referred to as"Crrantee",a temporary construction easement under,through,and across the following describedrealestate: See Attached Exhibit "A"("Basement Area") That the above-describcd easement is granted imto the City of Waukee,Iowa,for thepurposeofconstnictionandinstallationofthefollowingpublicimprovements: 2015 SK WESTOWN PARKWAY/LA GRANT INTERSECTION IMPROVEMENT PROJECT This temporary construction easement shall terminate and be of no force and effect onc(1)year after the date of final completion and acceptance of said completed improvements by theCity, The Grantee agrees to restore the Basement Area to a condition after constructionsubstantiallythesameaspriortoentrybytheGrantee,except for any grading and above groundimprovementswhichshallremaininplaceaspartoftheimprovement, The Grantor agrees that the improvements proposed herein,and the reasonablerestorationoftheirproperty,as set forth in this easement aforesaid,shall be fuii and completesatisfactionandconsiderationofandforthiseasement,and Grantor expresses agreement that nootherliabilityshallattachorbechargedorclaimedagainsttheGranteeasaresultoforbecauseoftheconstructionoftheimprovementintended,or the use of the easement herein granted. The Grantee will indemnify and hold harmless Grantor fi'om any and all damages, injuries,or losses arising out of Grantee's use of the easement or the work done iu connection therewith, Thc 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 tice and clear of all liens and encumbrances whaIsoever,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. I WITNESS WHEREOF,we have hereunto affixed our hands this f +day of ,20)5. WAI.JIEEK UNITED METHODIST CHURCH ByPrint:4E a I ~1h Title:~/P Dated:&/f STATE OP IOWA ) )ss, COUNTY OF DALLAS ) On this /5 day of XZf,2015,before me,a Notary public in and for said county,personally appeared me personally known,who being by mc duly (sworn or affirnted)did say that he is the;,:A Cq~,f of said Waukee United Methodist Church,that said instrument was signed on behalf of the said nonprofit corporation;and,that said ,as such,aclcnowledgcd the execution of said instrument to be the voluntary act and deed of said Waukee United Methodist Church,by it and by him voluntarily executed fQ " IOWI DARCY KATHLEEM LAME COMMISSION NO.779229 Mr COMMISSION ExplRES y c tatPof lowe My Commission ex ires I Prepared by Jeremy Soukup,8191 Blrchwood Court,Suite L,Johnston,)A ED(31 Phone.516-284-1393 TEMPORARY EASEMENT FNO CUT 8THENCE6OUTH65'32'OP WEBT.1004 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 05'32'00'WEST,20 00 FEETI THENCE NORTH DD'31'21'EAST,60D 68 FEET; THENCE FAST A DISTANCE OF 84,87 FEET ALONG THE ARC OF ANON(TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF Ts'16'21L ALDNI3 A 25 03 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 38'45't6'EAST 3'I 69 FEET; THE HCE SOUTH 00'31'21"WEST,47426 FEET TO THE POINT OF BEGINNING, CQNTAININQ 8 a71 SQUARE FEET OR 0 23 AoftEB MORE OR LESS. TEMPORARY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE EXHIBIT "A" WESTOWN PARKWAY IMPROVEMENTS PARCEL24 WAUKEE UNITED METHODIST CHURCH 860ASHWDRTH RD PO BOX 20 WAUKEE,IA,60263 SOCK 2011,PAGE 17377 BOOK 2000,PAGE 1928 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 9 IN THE NORTHEAST FRACTIONAL QUARTER OF SECTION 5,TOWNSHIP 78 )I ORTH,RANGE ES,WEST OF THE FIFTH PRINCIPAL ME RID)ANI PART OF THE CITY 0 F WAUKEE,DALLA 6 CO UN 7Y, IOWA,MORE PARTICULftRLY DESCRIBED AS FOLLOWS;NE CORNER eovT Lor 9 c Ucnoms 5 cfftfptsfsc COMMENCING ATTHE SDUTHEAST CORNER OF SAID GOVERNMENT LOT 0,THENCE BFQ 8 70 20NORTIIDC'31'21'EAST 43&08 FEET THENCE NORTH SD'28'30WEST 4000FEET; ( C1 70' 5G CR &%9&23 DO P&.nfr Cullff Tllsc Illilff LSWTII RADIUS 050.Lftlcrn 040 scfntss DELTA fts CI 31,1'I'25.03'31.5'I'5M'45'15"5 7ll'15'fl"20.3P LEGS ID 4.FDINC 55CTIDN CORNER Ncnuussf ~FOUND lff'R5RCD Wft'CLLDW CAP45511(UIIL555 HDTCC) 5T PP ftlf ADD slff CLL Cw CAPII lf 5N (UHL555 NOTED) I R,InosnsncD I.P,Inoe plpE DII)M5A5URsoolnsssICN (R)nsCDA050 DIM5IIBIDN 35CI IDH LINE RIDHTQF WAY Uns DAsslleif'Iles RcpslnY osf Jt poc SE CORNER GOVT LQT 9 6EC.8.78-20 FND PK NAIL 8 85'32'08"W 20.DS' 8 SM 32 08"W 10.04' N 89'2 8'33'IH 4O.DO '21"E 00' SURVEY FOR.' CITY OF WAUKEE sao W HICKMAN RD WAUKEE,IA 50M3 PHONB (616)057-1522 FOTHPRQJECTNO.14W0214ff QATEI II27I2015 stiff I tUSS I I CI,I.LC llltl5 ~CWL54 L Af l,lf elf 1 llclt'llten lf I 35f.fn SHEET1OFI