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Home My WebLink About2016-03-07-Resolutions 16-071_Westown Pkwy-R-22 Intersection - Temp Construction Easement - BeanTHE CITY OF WAUKEE,IOWA RESOLUTION 16-071 APPROVING TEMPORARY CONTRUCTION EASEMKNT RELATED TO THE WESTOWN PARKWAY/R-22 INTERSECTION IMPROVEMENT PROJECT [ANDREW AND LISA BEAN] IN THE NAME AND BY THE A UTHORITY OF THE C1TY OF WA 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 Westown Parkway/R-22 Intersection Improvement Project; AND, WHEREAS,said easement shall be located on a portion of the property owned by Andrew and Lisa Bean,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 March,2016,that it hereby approves the Temporary Construction Easement related to the Westown Parkway/R-22 Intersection Improvement Project,with payment made by the City to property owner(s)Andrew and Lisa Bean in the amount of $7,668.00. Rick Peter,Mayor Pro Tem Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYK X X X NAY ABSENT ABSTAIN X X IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Book 2016 Page 5606 Document 5686 Tttpe EAGE Paces T Data 4/1922616 Time 9:56 AM Rec Amt 832.88 Chad Airhart Recorder Da!lee Counttt iopa IlllllllllllllllllllllllllllIIIIII MTG PCRF- GKRF DDD DFC TEMPOIUKRY CONSTRVCTION ET3KSEMENT Recorder's Cover Sheet Preparer 1nformation:(name,address and phone number) Brad Dects,Developmtntt Services Director City of Waulcee 230 W Hickman Road Waukee,Iowa 50263 (515)976-71199 Return Document To:(name and contplete address) --'City of Waukee,Iowa Rebecca Schuett,City Clerk 230 W Hickntan Road Waukee,Iowa 50263 Grantor:JWET Family Limited Partnership Grantee:City of Wankee,Iowa Book 2816 Page 5686 1 oi 7 TEMPORARY CONSTRIJCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1.Grant of Easement s . The undersigned,JWET Family Limited Partnership (hereinafter referred to as the "Grantor'),in consideration of the sum of Seven Thousand Six Hundred Sixty Eight Dollars ($7,668)and other good and valuable consideration,the receipt rnid sufficiettcy of which is hereby acknowledged,does hereby sell,grant,and convey to the CITY OF WAIJKEE,IOWA,a municipal corporation (hereinafter referred to as "the Grantee*'),a temporary construction easeinent under,through and across the following described real estate; SEK EXHIBIT "A"ATTACHLD HERETO (hereinaRer 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: 1.Westown Parkwtiy/R-221ntersection Improvement 1'rojcci. This temporary construction easement shall terminate and be of no 1'orce and effect one (1)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 pats of thc improvcmcnt.Thc surface of the Easement Arcs will be seeded or sodded and/or left in its natural state as shown on the proposed plans for thc 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 1'ull 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 thc improvement intended,or the usc of the eascincnt herein granted. The Grantee will indemnify and hold lharmless Grantor from any and all d unages, injuries,or lossf's ill'ising out of Grantee's use of the easement or the v:ork done in connection therewith. Book 2816 Page 5686 2of7 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 fce simple;that Grantor has good and lawful authority to sell and convey the stone;and thai.said Grantor covenants to WARRAN f AND DEFEND the said premises against the lawful claims of all persons whomsoever,except as may be herein stated. Sea dte raedy fadgeI F OI6 rRAN rOR CJTY OF WAUKEE' JWET Family Li tited Partnership illiam .Peard,Mayor Name: Title: @cLLrorf -~ Rebecca D.Schuett,City Clerk JWET Family Limited Partnership Name: Title: -3 Book 2816 Page 5686 3of 7 STATI.'.OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of 2016,before me,the uttdcrsigned,a N tary Publ'in and for said County and he State of Iowa,personally appeared to me personally known,who being by me duly sv'orn,did say that that person is of the partnership executing the foregoing instrument;that (ihe seal a(fixed to said instrument is the seal of the corporation or no seal has been procured by the cot)7oration)and that the instrument was signed (and sealed)on behalf of the corporation by authority of its Board of Directors;that acknowledged the execution ol'the instrument to bc the voluntaiy act and deed of the corporation,by it and by hin Iunta~d.cuted. BETH FttCHAfrBSQÃ„iQ,Commis ion Number rtl1731 ,i":;Myoomn.rss n ~mi ines By: Printed Nante: Notary Public in and for the State of Iowa STATE OF IOWA ) )SS COUNTY OI'DALLAS ) On this ~ay of ,2016,before me,the undersig&ned,a Notary ublic in and for said County and the State of Iowa,personally appeared ,to mc personally known,who being by me duly sworn,did say that that person is of the partnership executing the foregoing instrument;that (the seal affixed to said instrument is thc seal of the corporation or no seal has been procured by the corporation)and that the instrument was signed (and sealed)on behalf of the corporation by authority of its Board of Directors;that acknowledged the execution of the instrument to be the vohuttary act and deed of the corporation,by it and by hju r lunp4I ecuted. .sur„BETH RICHARDSGH ',:1"& ',Commission Number 701731 l~/rr .+i @Plies Printed Name: Notary Public in and for the State of Iowa Book 2816 Page 56864of7 STATE OF IOWA ) )SS COUNTY OF DAI.I,AS ) On this ~day of ~~ref ,20~before me,the undersigned, a Notary Public in and l'or said County and the State of Iowa,personally appeared William F.Peard and l&ebecca D.Schuett,to me personally known,who being by me duly sworn,did say that they arc the Mayor and City Clerk of the City of Waukee,Iowa,a municipal corporation,executing the within and foregoing instrument and acknowledged tltat they executed the same as their voluntary act and deed of the City of Waukee,by it and by them voluntarily executed. usga IOirTHRYN F.PURVfS Commission Number 79451 3 My Commission Expires February 10,3019 Notary Pu lic in and for the State of Iowa Book 2816 Page 56865of7 EXHIBIT A LFCiAI.DESCRIPTION LEGAL DESCRIPTION PARCEL 2 TEMPORARY EASEMENT: A PARCEL OF LAND LYING ENTIRELY WITHIN AND BEING A PART OF LOT 2, GOVERNMENT LOT 12 AND LOT 13,SECTION 5,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5™P.M.AS SHOWN ON SURVEY PLAT RECORDED IN BOOK 729,PAGE 900,NQW IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF PARCEL "D"PART OF GOVERNMENT LQT 13,SECTION 5,TOWNSHIP 78 NORTH,RANGE 26 WEST AS SHOWN ON PLAT OF SURVEY RECORDED IN BOOK 2002,PAGE 207; THENCE NORTH 00'40'17"EAST,ALONG THE EAST LINE OF SAID GOVERNMENT LOT 12, FOR A DISTANCE OF 106.72 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE COUNTY ROAD,AS PRESENTLY ESTABLISHED AND ALSO THE POINT-OF- BEGINNING; THENCE SOUTH 80'08'16"WEST,ALONG SAID NORTH RIGHT-OF-WAY LINE,FOR A DISTANCE OF 9.42 FEET: THENCE SOUTH 85'35'59"WEST,FOR A DISTANCE OF 223.33 FEET,TO 'THE BEGINNING OF A CURVE CONCAVED SOUTH WITH A RADIUS OF 850.00 FEET: THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 439.08 FEET,SAID CURVE HAVING A CHORD BEARING OF SOUTH 70'48'05"WEST AND A CHORD DISTANCE OF 434.21 FEET; THENCE SOUTH 56'00'11"WEST,FOR A DISTANCE OF 183.26 FEET; THENCE SOUTH 83'19'48"WEST,FQR A DISTANCE OF 63.64 FEET,TO A POINT ON THE WESTERLY RIGHT-OF-WAY-LINE OF UTE AVENUE AS PRESENTLY ESTABLISHED; THENCE NORTH 49'27'42"WEST,ALONG SAID RIGHT-OF-WAY LINE,FOR A DISTANCE OF 21.57 FEET; THENCE NORTH 56'00'11"EAST,FOR A DISTANCE OF 245.55 FEET,TO THE BEGINNING OF A CURVE CONCAVED SOUTH WITH A RADIUS OF 900.00 FEET: THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 464.91 FEET,SAID CURVE HAVING A CHORD BEARING OF NORTH 70'48'05"EAST AND A CHORD DISTANCE OF 459.75 FEET; THENCE NORTH 00'00'00"EAST,FOR A DISTANCE OF 51.76 FEET; THENCE NORTH 90'00'00"EAST,FOR A DISTANCE OF 236.75 FEET,TQ A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 12; THENCE SOUTH 00 40'17"WEST,ALONG SAID EAST LINE OF GOVERNMENT LOT 12,FOR A DISTANCE OF 82.87 FEET TO THE POINT-OF-BEGINNING. 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