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HomeMy WebLinkAbout2015-12-07-Resolutions 15-408_Waco Pl-98th St Improvements - Temp Construction Easement - HakemanTHE CITY OF WAUKEE,IOWA RESOLUTION 15-408 APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO THE 98 'STREET/WACO PLACK IMPROVEMENT PROJECT [DALLAS D.AND LINDA M.HAKEMAN] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUICEE,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 98'Street/Waco Place Improvement Project;AND, WHEREAS,said temporary construction easement shall be located on a portion of the property owned by Dallas D.and Linda M.Hakeman,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 7'"day of December,2015,that it hereby approves the Temporary Construction Easement related to the 98'"Street/Waco Place Improvement Project,with payment made by the City to property owner(s)Dallas D.and Linda M.Hakeman in the amount of $L00. Attest: Rick Peter n,Mayor Pro Tem 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 ifIIIIif lff Iifif ffiififf lf ffif l ffilf ffill lfffiflfflflff Ifllllfilll iflff IIIlf Illilliiiff III fiif Book 2015 Page 20028 Document 28828 Tupa EASE Pages 8 Data 12/tSF2818 Ttms testa Att Rec Amt 827.88 Chad Atrhsr t Racer der Deltas Ceuntu 1DRA llllfllllllllllllllllllllllllllllll 11TD PCRF SKRF ODD DI'C Prc nrer htlotrnation'Steven P Brick 6701 Westown Parktva Suite 100 West Dcs Moines lowe 5t)766 515 774-1450 ltcturn to Cit Clerk City of Waukce 230 Hi hwa 6 Waukee 1 tva 0263 515 927-4572 TEMPORARY CONS"f RUCTION EASKMKNT KNOW ALL MEN BY TIIESE PRESENTS: That we,the undersigned,Qlftis l)rfrrrf k47A7141 rel.Ifttf/tart/pf,hereinafter referred to as "Grantor",in consideration of the sum of One Dollar ($1.00),and other valuable consideration, in hand paid by the City of Waukee,Iowa,receipt of which is hereby acknowledged,do hereby sell,grant and convey unto the City of Waukee,Iowa,a municipal corporation,in the County of Dallas,State of Iowa,hereinafter referred to as "Grantee",a temporary construction easement undelk through,and across the following described real estate: Sce Attached Exhibit uAm ("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: 98 STREET/WACO PLACE IMPROVEMENTS PROJECT This temporary construction easement shall terminate and be ol'no force and ef'feet 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 consttstction substantially the satue 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 2nd complete satisfaction and consideration of and for this easement,and Grantor expresses agreement that no Book 2815 Page 28828 1 of 5 Signed this ~!day ol'2015. PROPERTY OWNERS: DALLAS D.HAKEMAN 'r LIN A M.I-IAKEMAN CITY OF WAUKEE By: illian .Peard,Mayor Attest: Rebecca D.Schuett City Clerk srAI r:or-lowA ) )SS COUNTY OF '') On this ~day of 46*~,2015,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared DALLAS D.I-IAKEMAN,to me known to be the identical person named in and who executed the foregoing instrument,and acknowledged that this person executed the-i ument aasthe a luntary act of the person. ,I frl'olMloo Vlu-,loaf /0 ltsf Notary Public in and for the State of Iowa My Commission expires Book 2815 Page 28828 2of 5 STATE OF IOWA ) )SS COUNTY OF ) On this ~day of ~,2015,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared LINDA M.HAKEMAN,to me Inlown to be the identical person named in and who executed the foregoing instrmnent,and acknowledged that this person executed the&instr nenttas the voluntary act of the person, BD I-1 f uCHARDSQiV;,'-~,p Cmnmi sion Number 701731 My opium'ion Jixpires 7 5' otary Public in and for the State of Iowa My Commission expires~Kg/9 STATE OF IOWA ) )ss. COUNTY OF DALLAS ) On this ~0 day of ~1~,2015,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared William F.Pcard and Rebecca D. Schuctt,to me personally lcnown,and,who,being by me duly sworn,did say that they are the Mayor and the City Clerk,respectively,of the City of Waukee,Iowa;that the seal affixed to thc foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation,by authority of its City Council,as contained in Resolution No.Irb""f8'6 adopted by the City Council,under Roll Call of the City Council on the ~day of ~fur AQLfy,2015,and that William F.Peard and Rebecca D.Schuett acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. Notary Publi in and for the State of Iowa Myc i.i piu ~i7 S BRAQLV M BEETS ~Commission Number 790933 My Commission Expires rrw July 7,3018 Book 2815 Page 28828 3of5 PREPARED BY:ERIN GRIFFIN,SNYDER 5 ASSOCIATES,INC..2727 SW SNYDER BLVD,ANKENY,IA 50023 (515)964-2020 RETURN TO ERIN GRIFFIN,SNYDER 5 ASSOCIATES,INC.,2727 SW SNYDER BLVD,ANKENV,IA 50023 (515)964-2020 EASEMENT PLAT TEMPORARY EASEIMEVT DESCRIPTION A PART OF GOVERNMENT LO.4 OF SECTION 3,TOWNSHID 78 NOR H.RAN -E 26)VEST OF THE 5TH P.M,CITY Or V(AUKr.h,DALLAS COUNTY,)OWA A'VD 5/ORE PARTICU.ARLY DESCRIBED AS I OLLOvVS COMI/IENCING AT THE INTERSECTION OF THE WEST Rl"HT-OF-WAY LIRE 0'98THSTREETANDTHENCORTHRIGHT-OF-WAY LINE OF Tl-IE LINIOK'PACIFIC RAILROAD; THENCE SOUTH 89 40'13"EAS),33.00 FEET TO THE CENTERLINE Ol=98THSTREE'.:THENCE SOUTH 00 19'47"WEST ALONG SAID CEi'ITERLIINE,60.55 FE.ET;Tl!ENCE SOUTH 02'10'15"WEST CONTINUING ALONG SAID CENTERLINE,51.76 F6=T.THFNCF NORTH 87'49'45"WEST 33 00 FEET TO THE PO'NT OF BEGINNING 'HENC= SOUTH 02'10'15"WEST,74.92 FEET,THENCE NOR)H 87'49'45"WEST,47 00 EET;THENCE NORTH 02ND'15"EAST,96 82 F'EET TO I I-;E SOi'TH RIGHT-OF -WAY L'.NEOFUNIONPACIFICRAILROAD'THENCE SOUTH 62'50'51"EAST Al ONG SAtD SOUTHRIGHT-OF-WAY LliVE,5185 FEET TO THE POINT OF BEGINNING AND CONTAINING0.09 ACRES (4,036 S F'.). PROPERTY SUB EC./TO ANY ANO ALL EASEMEiVTS OF RECORD. DATE OF SURVEY 06-26-15 LEGEND OWNER ALLAS D.5/LINDA M HAKL(v(AN ~6urve Secbon CornerI/2'Heber.Vela Pleat c Cap I 710I/2'Rebec,".ella Plastic Cap "i6747 (Unress Other se Noted) ROW Mm'e ROV/Ro I Co trot Pain! R If Pto!ted Data,ceteeasrdBeogbD toes Recorded A Deed Data ce Colculoted D,st ce Mirm,P otecto Eie alon Cents I e I/4 Section t e I/O I/4 Secuo L r e Eoseme I L ne Found X GCP P vl R 0 0 MPE Set cg last/(Tt()k 8 ERIN 0 GRIFFIN 19110 !01'I a *1 tr lf r 6 .9 c '.vts 'a f 98TH STREET/WACO PLACE IMPROVEMENTS TEMPORARY EASEMENT EXHIBIT SHEET I OF 2 PN.114 1091A PM.EDG SNYDER &ASSOCIATES,INC. Engmeers and Planners 2727 6 W.SNYDER BLVD ANKENY,IA 50023 (515)964-2020 Book 2815 Page 288284of5 DATE.06/26/15 TECH:SGK EASEMENT PLAT I I r/EO 0 I ,,EICT-4'8 ' LLI IZI- I 00 OT 3y 35 Rpe T.e P 9 Fnd 5 '8"Rebor Yellow Pleat c Cop 15729 589 4013 E 33 00 N87'49'45"Ie 33 00 Po t of Begnnng 562'50'51"E 51.85' 500'19'47 "W 60.55 N02'10'15"E 96 82' NB7 49'45"TV 47 00'+ S02'10'15"W 51 76' 502'10'15"IC /26 68 Po nt of Begins ng 502 10'15 "W 74.92' /V ,P jn I 0 RO I/ sc VJ 0oN wOZ YPT CI" TE»0 TP I I."n.":p0,7 -'' 9 /0 «E 98TH STREET/WACO PLACE IMPROVEMENTS TEMPORARY EASEMENT EXHIBIT SNYDER 8 AssoclATEs,INc.2N/sw.sNYDERBLYD. Engineers and planners ANKENY IA 56023i515)964 2020 Book 2815 Page 288285of5 SHEET 2 OF 2 PN'114.1091A Phl EDG DATE'06/26/15 TECH SGK