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Home My WebLink About2016-03-21-Resolutions 16-096_Bluestem Lift Station 14 Improvements - Temp Construction Easement - HickenbottomTHE CITY OF WAUKEE,IOWA RESOLUTION 16-096 APPROVING TEMPORARY CONTRUCTION KASEMKNT RELATED TO THK BLUESTEM LIFT STATION ¹14 IMPROVEMENT PROJECT [MATTHEW C.HICKKNBOTTOM] IN THE NAME AND BY THE AUTHORITY OF THE CITY 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 Bluestem Lift Station ¹14 Improvement Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Matthew C. Hickenbottom,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 21st day of March,2016,that it hereby approves the Temporary Construction Easement related to the Bluestem Lift Station ¹14 Improvement Project,with payment made by the City to property owner(s)Matthew C.Hickenbottom in the amount of $802.43. tiliam F card,M yor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Hanison Shelly Hughes Larry R.Lyon Rick Peterson AYK X X NAY ABSENT ABSTAIN X IIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIImIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Book 2015 Page 4457 Docussnt 4457 Ttlps EASE Paoss 5 Data 4/8122818 Ttas 8:52 Alt Rsc Ast 822.88 Chad Atrhart Rscordsr Dallas Countv tottA IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MTG- PCRF BKRF- DDD DPC TEMPORARy CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer information:{name,address and phone number) Return Document To:(name and complete address) -'D City of Waukee,lowe Rebecca Schuett,City Clerk 230 Highway 6 Waukee,iowa 50263 Grantor:Matthew C.Hickenbottom 2525 SE Stone Prairie Drive Waukee,IA 50263 Grantee:City of Waukee,iowa Book 2816 pGge 4457 1 of 5 TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1.Grant of Easement s . The undersigned,MATTHEW C.HICKENBOTTOII/I,an Iowa individual (hereinafter referred to as the "Grantor"),in consideration of the sum of Eight Hundred,Two Dollars and Forty Three Cents ($802.43)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: SEE EXHIBIT "A"ATTACHED HERETO (hereinaffer 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.A sanitary sewer force main and other associated appurtenances as part of the Bluestem Lift Station ¹14 Improvements. This temporary construction easement shall terminate and be of no force 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 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. 6~0k 2816 Page 446/ 2 of 5 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 same;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. glg dtdl ~kd 2 f~t.,221II. GRANTOR CITY OF WAUKEE Matthew C.Hickenbottom,Property Owner I mF,card,M r Attest Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF ~~&.;) On this gy * day of 'lrd ,2016,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared MATTHEW C.HICKENBOTTOM,to me known to be the identical person named in and who executed the foregoing instrument,and acknowledged that these persons executed the instrument as the voluntary acts of the persons, / y y-.f KATHRYN E.PURVIS y Commission Number 794513 My commission Fgtpires February 10,3019 Book 2816 Page 4457 3of5 Notary Public in and for the State oflowa STATE OF lOWA ) )SS COUNTY OF DALLAS ) 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. Notary Public in and for the State of iowa s.KATHRYN F.,PURVIS Y.Commission Number 794513 My commission aafrlrss February 10,3019 Book 2816 Page 44574of5 EXHIBIT A -TEMPORARY CONSTRUCTION EASEMENT EXHIBIT LOT 10 ~STONE PRAIRIE PLAT 3 TNZOTHY R IL I,IACKENZIE NICIIOLS M15 SE STONE.PRAIRIE OR WAUIIEE LOT 0-STONE PRAIRIE PLAT 3 MATTHEW C HICKENBOTTON 2525 SE STONE PRAIRIE OR WAUKEE 0 02; L.I+~SE COR,LOT 9 STONE PRAIRIE PLAT 3 LOT 7 -STOHE PRAIRIE PLAT 3 ASHLEY NICHOLE HUBLER 251 0 5E STONE PRAIRIE Off WACKE E LOT 0 ~STONE PRAIRIE PLAT 3 Al'IEL OZAI.IC 3 RAMZA MA I IALBASIC 3TRS 2520 SE STONE PRAIRIE OR WAUKEE I- Li G3 NQRTH LEGAL DESCRIPTION A PROPOSED TEMPORARY CQNSTRUCTION EASEMENT SEING THE SOUTH 30 FEET OF THE EAST 30 OF LOT 9 OF STONE PRAIRIE PLAT 3,AN OFFICIAL PLAT,INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA.DESCRIBED AREA CONTAINS 903 SQUARE FEET AND IS SUBJECT TO OTHER EASEMENTS AND RESTRICTIONS OF RECORD.DESCRIBED EASEMENT IS BEING ACQUIRED AS PART OF THE BLUESTEM LIFT STATION RIA IMPROVEMENTS. ilN PEETI I inch -AO fL LEGEND PROPERI LINE ! ROTI LINC lllS McCLURE building Strung TEMPORARY CONSTRUCTION EASEMENT EXHIBIT cc p n "lnllnu IT EXH-01 n nnu Book 2816 Page 44575of5