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Home My WebLink About2016-05-02-Resolutions 16-169_Bluestem Lift Station 14 Improvements - Temp Construction Easement 2 - School DistrictTHE CITY OF WAUKEE,IOWA RESOLUTION 16-169 APPROVING TEMPORARY CONSTRUCTION EASEMENT NO.2 RELATED TO THK BLUESTKM LIET STATION NO.14 IMPROVEMENT PROJECT [WAUKEE COMMUNITY SCHOOL DISTRICT] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IO 8'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 the Waukee Community School District and legally described as referenced in Exhibit A,Easement Area,of the Temporary Construction Easement which is attached hereto. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 2"day of May,2016,that it hereby approves the Temporary Construction Easement No.2 related to the Bluestem Lift Station No.14 Improvement Project,with payment made by the City to property owner(s)Waukee Community School District in the amount of $1.00. Attest: illia .Peard,ayor 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIllIIIllIlIllIlIllIlIllIllllIlIllIlllllllllllll Book 2016 Page 6925 Document 8825 Turps EASE PmGss 5 Dote 5/88/2818 Time 18:12 Ail Rsc Amt 827 BB Chsd Airhsrt.Recorder Dsiies Counttt IORA lIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RTG* PCRP BKRF ODD DKC TEMPORARY CONSTRUCTION EASEMENT QQ Recorder's Cover Sheet Preparer Information:(name,address and phone number) Return Document To:(name and complete address) City of Waukee,Iowa Rebecca Schuett,City Clerk 230 I-lighway 6 Waukee,lowe 50263 Grantor:Waukee Community School District 560 SE University Avenue Waukee,IA 50263 Clrantee:City of Waukee,Iowa Book 2915 page 5925 1 oi 5 TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALI.PERSONS BY THESE PRESENTS: 1.Grant of Easement s . The undersigned,WAUKEE COMMUNITY SCHOOL DISTRICT,an Iowa school district (hereinallcr referred to as the "Cirantor"),in consideration of the sum of' Onc Dollar ($1.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acluiowledged,does hereby sell,grant,and convey to the CITY Ol' WAUKKE,IOWA,a municipal corporation (hereinafter refened to as "the Grantee"),a temporary construction easement under,through and across thc following described real estate: SKK EXHIBIT "A"ATTACEIED HERETO (hereinaller referred to as the "Iiascment Area") That ihe above-described easement is granted iuito the City of Waukcc,.Iowa,for the purpose ot'construction and installation of the following public improvements: l.A sanitaiy sewer main,sanitary manholes,sanitary force main,water service,and other associated appurtenances,which are all a part of the Bluestcm Lift Station //I 4 improvements. This temporary construction easemeni,shall terminate and bc 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 coniliiion after construction substantially ihe same as prior to entry by the Grantee,except.l'or any grading and above ground improvements which sliall remain in place as parr.of the improvement.The surface of the 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 agrees that the improvements proposed herein,and the reasonable restoration of their property,as sct forth in tliis easement aforesaid,shall be full and complete satisfaction and consideration of and for this easement,and Grantor expresses agreement tliat no other liability shall attach or be charged or claimed against the Grantee as a result of or because of the construction of the improvemeni intended.or the use of the easenieni herein granted. The Grantee will indemnify and hold harmless Grantor from any and all damages, injuries,or losses arising oui of Grantee's use of the easement or the work done in connection therewith. Book 2816 Page 6925 2of5 The Grtuator does IIEREBY 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 sintple;that Grantor has good and lawful authority to sell and convey the same;and that said Grantor covenants to WARRANT AND DFFEND the said premises against the lawful claims of all persons whomsoever,except as may be herein stated. ur dtu 7S a y r~I7,,2016. CITY OF WAUKL7E iam P ard,ayor Attest: Rebecca D,Schuett,City Clerk STATE OF IOWA COUNTY OF DALLAS ) )SS ) 11 Onthis ~day of fi1 ,2016,before me,the undersigned,a Notary Public in and for said County and the State of Iowa,personally appeared ,to me personaljly knovaot,who being by me duly sworn,did say that that person is 'Prgf ~-of said 8,as such I Jrh~,acknowledged the execution of said instrument to be the voluntary act and deed of said 'S tt and by hin1 voluntarily executed. Notary Public in and for the State of Iowa Mrc i r iri ~a r a TtlrriGTHY R.BLGGM e Commission Number 77744I My Commission Expires ae ataroh I 3,20dg Book 2816 Page 6925 3 ot 5 STATF.OF IOWA ) )SS COUNTY OF DAI.I.AS ) On this )L day of u,20~,before me,the undersigned, a Notary Public in and for said C nty and the State ol'Iowa,personally appeared Willianl F.Peard and Rebecca D.Schuett,to me personally known„who being by nte 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 acf.and deed of the City of Waukee,by it and by them voluntarily executed. KATHRYtrfE.PURVIS ~Commismon Number 79451 3 My Commission Expires February 10,2019 Notary Publ'in and for th tate of lowe si gook 2816 l une 4of5 EXHIBIT A —TEMPORARY CONSTRUCTION EASEMENT EXHIBIT 500'3FSF'W ...",P O.C 1,856,0F ' A ~NE COR,LOT 1 WAUKEE Ttlv&SEBI INE- SCHOOL PLAT 1 P.O B NQOr30'39"E 4500 '"800F 589'29*21"E 125.00' NDOr30'39*'E 50.00' 8 89 '29'2 l "W LOT I .YIAUKE E TIAIBE 8 LINE SCHOOL PLAT 1 NAJJKI.L CCIAAIUKITY SCHOOr CJSlrACT 1805 8K LA CIIAKT PK'A'i NAUKEL LD 500 . ~ I UJ~.Po'~LLI KA tK)EJ c&)A ~8~EAST LINE,LOT 1 t N89"29'21 "W N89"29'2 l 'W tt5.0F,K = 35 00 NOF 30*39"E 83.00' LEGAL DESCRIPTION A PROPGSEQ TFMPOBARY CONSTRUCTION EASEMENT BEING LOCATED IN LOT I OF WAUKEE r IMBERLfiNE SCHOGI PLAT 1.AN OFFICIAL PLAT,INCLUDED tN AND FORMING A PART OF TIIE CITY OF WAUKEE DALLAS COUNTY,ICANA BEING IBGRE PARTICU'ARLY DESCRIBED AS FOLLOWS; COMMENCliNG AT THE iNOBTHFAST COBNFB OF SAID I OT 1,THENCE ALOiNG !HE EASI'LRLY LINF GF SAID LGT I SQQ'„"0'39"W,',8!16 00 FEET TG THE POINT OF BEGINNING;THENCE ALONG THE EASTERLY LINE OF SAID LGT I SQQ'3039"W.533 QQ FEET;THENCE NQQ'29'21QY,35.00 FEET THENCE NQQ'3339"E 83 00 FEET:THENCE N89"29'213 0 45.00 FEET.THENCE NQQ'30'39"E.355 00 FEET.TI.IENCE N89'29'21 "W 125 00 FEFT,THENCE NQQ'30 39 6 50 00 FEET;THENCE S89'29'2l "E.125 00 FEET THENCE N¹3039 t. A5 QQ FEET.THFNCE S89 29'21 E.80 00 FEET TO THE POINT QF BEGiNNING.DESCRIBED AREA COAJ TAINS A5 155 SQUARE FEET AND IS SUBJECT TG LITHER EASEMENTS AND RESTRICTIONS GF RECORD,DESCRIBED EASEMENT IS BEING ACQUIRED AS PART OF THE BI.UESTEM LIFT STATION el 8 IMPROVEMENTS. NOBTM I,rtt —i 16 ri LEGEND O'JC'-'.A*'ti C CCAtie teii Kttt ifhi '.C I „., „„„ L 3 Ill~~ O'C LURE Iru Itt vtJ TEIKTFORARY CONSTRUCTION EASEMEKIT EXHIBIT r t"riri I'' EXH-05 Book 28I6 Page 66255of5