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Home My WebLink About2015-06-15-Resolutions 15-191_Hickman Rd-Dartmoor Dr - Temp Construction Easement - HinksonTHE CITY OF WAUKEE,IOWA RESOLUTION 15-191 APPROVING TEMPORARY CONSTRUCTION EASEMENT [WENDELL W.HINKSON,JOANN M.DAVID,JUDITH K.SMITH] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'2 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 Hickman Road/Dartmoor Drive Intersection Improvements Project;AND, WHEREAS,said temporary construction easement shall be located on a portion of the property owned by Wendell W.Hinkson,Joann M.David,and Judith K.Smith,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 15th day of June,2015,that it hereby approves the Temporary Construction Easement from Wendell W.Hinkson,Joann M.David,and Judith K.Smith,property owners within the Hickman Road/Dartmoor Drive Intersection Improvements Project,with payment made by the City to the property owner(s)in the amount of $1.00. rlliam F.card,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYK X X X NAY ABSENT ABSTAIN ,6»20»»3k6033ku Iwk 203 100W 0:WI 3 %30~266»7u60 :0"CI 9.CI,'I k .W III,W 'I"»)030~90- TKMI'ORARY CONSTRUCTION EASEMEiNT i&NOW!V AI.L MKN BY TIIESK PRESENTS: That we,thc undersigned,Wendell W.Ilinkson,Joann 1VI.David and Judith I&.Smith, hereinafter referred to collectively as "Grantor",in consideration of the sum of One Dollar ($1.00),and other valuable consideration,in hand paid by the City of 'vVaukee,Iowa,receipt of which is hereby acknowledged,do hereby sell,grant and convey unto the City of Waukee,Iowa, a municipal cotporation,in the County of Dallas,State of Iowa,hereinafter referred to as Gl'cliitee",a Lemporary construction easemeni under,ihrougll,6111d across the following described real estate: See ALtached Exhibit "A"("Easement Area") Thai the above-describecl easement is granted unto Lhe CiLy of Waulree,Iowa,for ihc purpose of construction and installation of the following public improvements: IIICI&MAiN RD/DARTMOOR DR SIGNALIZATION AND INTERSECTION ltw!IPROVKMENTS PROJECT This temporary construction casement shall terminate and be of no force and effect one (I)year after the date of final completion kind acceptance of said completed improvements by tbc City. The Giranicc agrees to restore ihe Easenient Area io a condition after construction substantially the same as prior io entry by the Grantee,except,for any grading and above ground improvements which shall remain in place as pari of the improvemenL„The surface of thc Easement Area ivill be seeded or sodded and/or left in its natural state as shown on the proposed plans for the project. The Grantor ag&r.ees that Lhc iniprovemenLs proposed herein,and thc reasonable restoration of their property,as set forth in this easement aforesaicl,shall be.1'ull and complctc 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 ol'or because of the consiruction of ilsc improvement intended,or the use of the easement herein granted. The Grantee will indensnily and hold harmless Grantor from any and all damages, injuries,or losses arising out of Grrantcc's usc of the easement or the work done in connection therewith. The Grantor does hereby covenant with ihe said Grantee,and successor-in-interest,that said Grantor holds said real cstatc by title and fee simple;has good and lawful authority to sell and convey the same;thai said premises are free and clear of all liens and encumbrances whatsoever,except as may be herein stated;that said Grantor covenants to warrant and defend the said premises against the ltnvful claims of all persons whomsoever,except as may be htaein stated. IN WITNESS WHEREOF,we have hereunto af'itxcd our hands this I day ol' WKNDKLL W.IIINI(SON STATE OF IOWA ) )ss, COI JNTY Ol On this +day of W,2015,before me,the undersigned,a Notary Public in and ior the State of iowa,personally peared Wendell W.I-linkson,to me personally lmown, and wise being by me duly sworn,acknowledged the execution oi'iiae foregoing instrument to be his vohintar y aciand deed and by him voluntarily executed. r.(i~.'.:~-..- JOANN M,DAVID / S'I'A'I "l.-".Ol'10'rVA ) )ss. corrrrrr or ~r-rrrrr -rr On this &day of 9k:,2015,before me,the undersigned,a Notary Public in and for rhc State of Iov;a,persona!I ppearcd Joann M,David,to me personally known,and who being by me duly sworn,acknowledged the execution of thc foregoing instrument to be her voluntary act and deed and by hcr voluntarily executed. Notary Public in and for te State of Iowa My Commission expires /y-y~ JUDTTFI K,SMITFI l rj STA I S Or'~Art )ss. corlNTY ol'~~ AhOnthis~i!,day of~/',2015,before me,the undersigned,a Notary Public in and for.the State of Iowa,perso'nally appeared Judith IC.Smith,to me personally known,andrrrrz,o«r Awhobeingbymedulysworn,aclrmowledged the execution of the foregoing instrument to bc hcr voluntary act and deed and by her voluntarily executed. I .,YAUIN CRANSHAW rrP.;,-;..;.rrtr alOlarr PuOflo -Slala Of Arrraaa PaaA COUNTY trap'Cooroaaaroo Expraaa rrraraa 1a,aa17 N.ta'ry Public in and for the State of Iowa-4r,am-trc~--.r .~3 PREPARED BY'TERRY COADY,SNYDER 6 ASSOCIATES,INC.,2727 SW SNYDER BLVD,ANKENY,IA 50023 (515)964-2020 RETURN TO'TERRY COADY,SNYDER 5 ASSOCIATES,INC.,2727 SW SNYDER BLVD,ANKENY,IA 50023 (515)964-2020 TEMPORARY EASEMENT EXHIBIT T MPORARY CONSTRUCTION DESCRIPTION: A PART OF'THE NORTHWEST I/4 OF SECTION 34,TOWNSHIP 79 NORT)4,RANGE 26 WEST OF THE 5TH P.M.CITY OF WAUKEE DALLAS COUIAITY IOWA AND DESCRIBED AS FOLLOWS' COMMENCING AT THE NORTH I/4 CORNER OF SAID SECTION 34:THENCE NORTH 89'55'59"EAST ALONG THE NORTH LINE OF SAID NORTHWEST I/4 OF SECTION 34,A DISTANCE OF 934.00 FEET:THENCE SOUTH 00 20'32n WEST,74 39 FEET TO THE SOUTH RIGHT-QF-WAY LINE OF HICKMAN ROAD AND TO THE POINT OF BEGINNING:THENCE NORTH 45'05'36"EAST ALONG SAID SOUTH RIGHT-QF-VVAY I INE,14.24 FEET:THENCE SOUTH 00'28'44"V/EST,69.15 FEET'THENCE SOUTH 00'l9'22"WEST,89.99 FEET THENCE NORTH 89'40'38"WEST,10.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF SF DARTMQQR DRIVE,THENCE ~ORTH 00'19'22"EAST ALONG SAID EAST RIGHT-Qr -VVAY LINE, 90 00 FEET,THENCE NORTH 00'28 44"EAST CONTINUING ALONG SAID AST RIGHT-QF-)VAY LINE,59.03 FEET TO THE POINT OF BEG)iNNING AND CONTA'NING 0 04 ACRES H541 5 F.) PROPERTY SUBJECT TO ANY AND ALL EASEMiENTS OF RECORD. BASIS OF BEARING THE NORTH LliNE OF THE NV/I/4 OF SEC 34-79-26 WAS USED AS THE BASIS OF BEARING. DATE OF SURVEY 7-28-2014 OWNER JOANN M DAViD LEGEND ~Solve Sec!On Ca n. I/Rebo .7 ilon Cap elBI 43 l..riess Dn-,e.se Ncledl Roe'tlo ker l)encl tie I toit rl Ds:c'ea Bee 'kl 5 Ds.a ce Re rded A. Deec D la C nte I e I/O .ecto I ». I/O I/O Seato -'( Ease ent L lc Found S 0CP P ki 9 3 YPC Set 0 ssloe4(( TERRY COADY )8543 IOWA ~~~~~+-sPO /~ I iui 3 HICKMAN/DARTMOOR INTERSECTION IMPROVEMENTS PARCEL 1-DAVID JOANN M SNVI3ER IL ASSOCIATES,INC.2727 SW.SNYDER BLVD Engineers and planners ANKENY,IA 50023 (515)964-2020 SHET 1 OF 2 PN 1140475 PN TLC DATE 03I16I15 TECH JDP TEMPORARY EASEMENT EXHIBIT NVI Co.ncr'4-79-76 /.=nd Brass lo»ia 00T Plug /y.1 703 r.4 HICKMAN ROAD NB9 55'59"E 2,637.44/ 9 400 N 1/4 Boroar Sec 34-79-26 I nd Bross iowa C00IolLC N45'05'36"E 14 24' I: Poi,!0 Beglol Ing O Cil Lu 4.id Ca O I COZ P 'c.cc~sE.Ti 6 -0-20 -L/4-I TN C.PI tt C 'o C Cj Q Cj I— B3 50 ' ,=-'0.0 7eoipora'y O 'oO,aIT CC OI I FV 'a CiZ I O I IO Eus r icni iIII Ci ),'3 N89 40'3B"TN 10.00' ~End '/2"Redor HICKMAN/DARTMOOR INTERSECTION IMPROVEMENTS PARCEL 1-DAVID JOANN M SHEET 2 OF 2 PN:1140475 PM TLO SNYDER &ASSOCIATES,INC Engineers and Planners 2727 6 IN SNYDER BLVD. ANKENY,IA 50023 15151 964-2020 DATE 03I16!15 TECH JDP