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Home My WebLink About2016-03-28-Resolutions 16-108_Bluestem Lift Station 14 Improvements - Temp Construction Easement - DzaficTHE CITY OF WAUKEE,IOWA RESOLUTION 16-108 APPROVING TEMPORARY CONTRUCTION EASEMENT RELATED TO THK BLUESTEM LIFT STATION ¹14 IMPROVEMENT PROJECT [AMKL DZAFIC AND RAMZA MAHALBASIC] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF O'A USE,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 Bluestem Lift Station ¹14 Improvement Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Amel Dzafic and Ramza Mahalbasic,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 28th 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)Amel Dzafic and Ramza Mahalbasic in the amount of $3,645.00. illiam .Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X X NAY ABSENT ABSTAIN lc llllllllllllllllllIIllIllllllllllllllIIlllllllllIlIllIlIIllllllIlIlIlIllIlIlIIIIIIIIIIIIIIIIIII Book 2016 Page 4458 Dccusant 4456 Ttlps EABE PaGss 6 Data 4/81/2816 Ttss 8:52 AM Rac Ast 832.88 Chad Atr hart,Raccrdsr Dallas Ccunta Ictta IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MTG PCRF BKRF- ODD D/C TKMPORARY CONSTRUCTION KASKMKNT Recorder's Cover Sheet Preparer Information:(name,address and phone number) Brad Deets,Development Services Director City of Waulcce 230 W Hickman Road Waulcee,Iowa 50263 (515)978-7899 Return IIocumcnt To:(nmne and complete address) ,City of Waukee,Iowa Rebecca Schuett,City Clerk 230 W IIickman Road Waukee,Iowa 50263 Grantor:Amel Dzatic and Ramza Mahalbasic Grantee:City of Waukee,lowe Book 2816 Page 4458 l ot6 TFMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESLrNTS: Thc undersigned,Amel Dzafic and Ramza Mahalbasic,(hereinafter referred to as the "Grantor"),in consideration of the sum of three thousand,six hundred forty five dollars ($3,645.00)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 refeived to as "the Grantee"),a temporary construction easement under,through and across the following described real estate; SEE EXHIBIT "A"ATTACHED HERETO (hereinafter 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.Bluestem Lift.Station ¹14 Improvement Project This temporary construction casement 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 shovm on the proposed plans for the project. The Grantor agrees that thc improvements proposed herein,and the reasonable restoration of their property,as set forth in this easemenl.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 casennent herein granted. 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 Coilliectloll tllel'ewit.h. Book 2816 Page 4458 2 oi 6 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 1awlhil claims of all persons whomsoever,except as may be herein stated. Signed this Z'f day of 8~rol,2016. GRANTOR CITY OP WAUKEE Amel Dzafic il i .card,Mayor Attest: Ranaza Mahalbasic Rebecca D.Scluiett,City Clerk Book 2816 Page 44583of6 STATE OF IOWA ) )SS coilrrTY oF ~DlL r 2016,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared AMEL DZAFIC,to me known to be the identical persons named in and who executed thc foregoing instrument, and acknowledged that these persons executed the instrument as the voluntary acts of the persons. BRADLY tiff DEETS 9 Commission Number 790923 My Commission Expires srr July 7,2018 Notary Publi in and for the State of Iowa MFC l l,„iF, STATE OF IOWA ) )SS COUNTY OF ) On this Z4 day of ccL ,2016,before me,thc undersigned,a Notary Public in and for the State of Iowa,personally appeared RAMZA MAIIALBASIC,to me known to be the identical persons named in and who executed the foregoing instrument,and aclulowledged that these persons executed the instrument as the voluntary acts of the persons. Notary Publi in and for the State of Iowa BptADLY M DEETS k Commission Number 790923 My Commission Expires OW Juiy 7,2018 My Commission expires ~77 I~ Rook 2816 Page 44564of6 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~Z day of ,20~I",before me,the undersigned, a Notaiy 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 insnaunent 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. ttATHRYN E,PURVIS ,Commrssmn Number 794513 Nly Commission Expires February 10,7019 Notary Publicyin and for the State of Iowa gook 28]6 Page 44585of6 EXHIBIT A LEGAL DESCRIPTION EXHIBIT A -TEMPORARY CONSTRUCTION EASEMENT EXHIBIT ~O E3 CO LDT 6 ~STOHE PRAIRIE PlAT I MAT Ttton'C t SCKENBOTTOIA 2525 SE STONE PRAIFIIE DR wAUKEE NE COR,LOT 8 STONE PRAIRIE PLAT 3 LOT S ~STONE PRAIRIE PLAT 3 AIIFL OZAFIC5 RAMZALIAHALBASIC3TRS 2526 SE STONE PRAlftlE DR WAUKEE 3D' LOT 2 ~STONE PRAIRIE PEAT 3 ASHLEY NICHOLE HUBLER 2510 SE STONE PRAIRIE DR WAUKEE CLI-x LOT I ~WAUKEE TIMBERLINE SCHOOL PLAT I VALUKEE COMMUNITY SCNOOL DISTRICT 2665 SE LA GRANT Mtuo WAUKEE LEGAL DESCRIPTION A PROPOSED TEMPORARY CONSTRUCTION EASEMENT BEING THE EAST 3O FEET OF LOT B OF STONE PRAIRIE PLAT 3,AN OFFICIAL PLAT,INCLUDEO IN AND FORMING A PART OF THE CITY OF WAUKEE.DALLAS COUNTY,IOWA.DESCRIBED AREA CONTAINS 4.499 SQUARE FEET AND IS SUBJECT TO OTHER EASEMENTS AND RESTRICTIONS OF RECORD.DESCRIBED EASEMENT IS BEING ACQUIRED AS PART DF 1 HE BLUESTEIII LIFT STATION 414 iMPROYEMENTS NORTH I M,b 46 B LEGEND PIIOPLRFT til I CCIFOtl Lltll ROP I 'Itl I IASEUIHI ~L...J'" Ill~ MCC L URE building ~t u tg TEMPORARY CONSTRUCTION EASEIUiENT EXHIBIT 6 'u u 3 tin»l EXH-02 Book 2816 Page 44566of6