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Home My WebLink About2016-05-02-Resolutions 16-164_Glynn Village P10 Westown Pkwy Improvements - Temp Construction Easement - AldrichTHE CITY OF WAUKEE,IOWA RESOLUTION 16-164 APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO THE WESTOWN PARKWAY IMPROVEMENTS ]STEWART AND MARILYN ALDRICH] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF IYA UKEE,IOH'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 certain improvements to Westown Parkway by Hubbell Metropolitan Development Fund I,LLC,Series E,as part of Glynn Village Plat 10 improvements;AND, WHEREAS,said easement shall be located on a portion of the property owned by Stewart and Marilyn Aldrich 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 2"day of May,2016,that it hereby approves the Temporary Construction Easement related to Westown Parkway Improvements,with payment made by the City to property owner(s)Stewart and Marilyn Aldrich in the amount of $1.00. illiam F.card,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 X Illlllllllllllllllllllllllllllllll!Illllllllllllllllllllllllllllllllilllllllllllllllmllillllll Book 2016 Page 6921 Dccumsmt 6921 Tupa EASE Paces 6 Date 5/8922816 Ttma 18:18 A11 Rec Amt 832.ee Chad Atchsct Rsccrdec Ds!lss CcumtW IOWA lllllllllllllllllllilllilllllllilll MTG PCRF" GKRF ODD~ DFC TEMPORARY COIAISTRVCTION EASEMENT 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 Highway 6 Waukee,Iotva 50263 Grantor:Stewart and Marilyn Aldrich Grantee:City of Waukee,Iov a Book 26I6 Page 6921 I of 6 TEMPORARY COiNS fRUCTION EASEIVIENT(S) I&tNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement s . The undersignccl,Stewart and NIarilyn Aldrich (hereinafter referred to as the "Grantor"),in consideration of the sum of One Dollar (SL00)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 (hereinafter referred to as the "Easement Area") That the above-described easenaent is granted unto the City of VVaukee,Iowa,for the purpose of construction and installation of the following public improvements: This temporary construction easement shall tenrdnatc 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 thc 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 shov,n 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 satistaction and consideration of and for this easement,and Grantor expresses agreenient 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 casement herein granted. The Grantee will indemnify and hold harmless Grantor fiom any and all damages, injuries,or losses arising out of Grantee's usc 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 laivful authority to sell and convey the same;and Book 2816 Page 6921 2of6 that said Grantor covenants to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever,except as may he herein stated. GRANTOR CITY OF WAUKEE tewatt Aldrich Attest: iVlarilyn Idrich Rebecca D.Schuett,City Clerk -3 Book 2816 Page 6921Bof6 STATE OF IOWA ) )SS COUNTY OF ) On this ~5 day of t,2016,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared STEWART ALDRICH, to me known to be the identical persons named in and who executed the foregoing instrument,and acknowledged that these persons executed the instrument as the voluntary acts of the persons. BETH RICHARDSON ',Commission Number 701731 jv:.'',r M!7 Commission Expires Notary Pubhc in and for the State of Iowa rvly Contmission expires QI+gg STATE OF IOWA )SS COUNTY OF ) On this I 6 day ot'rL(,2016,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared MARILYN ALDRICH,to me known to be the identical persons named in and who executed thc foregoing instnnnent,and acknowledged that these persons exect he instrument as the voluntary acts of the persons. BETH RICHItRBSO@, S's st Commission Number M M Commission Expires7 Notary Public in and for the State of iowa uy o Book 2816 Page 6921 4of6 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of HA ,20 I 6,before mc,the undersigned,a Notary Public in and for said County nd 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 dccd of the City of Waukee.by it and by them voluntarily executecl. es'3'e KATHRVM E.PURViS Commission Number 79451 3 My Commission Expires February 10,2019 Notary Publ c in and for th tate of Iowa Book 2816 Page 6621 5 ol 6 EXHIBIT A LEGAL DESCRIPTION EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT CEN IERLINE ROAD PER SVRvET IN 8K 2002,PG 207 33'ERISRNG NOD'DO'OO~E 20.12 512fft PLACE TTESTptytIN PAR O4.57 N63 43''7 5 —' 56843'17"W 1 TEMPORARY CONSTRUCTION EASEMENT NE CORNER GOVT LOT 14 SOO'00'00 E 4l.82 P.D.B~SOD'00'00 "E 20.I2 N 175 E 175 COV'T LOT 14 PARCEL "AA (BK 2012,PG 9051) PARCEL aC (BK 2002,PG 207) Stewart dr Margin Aldrich 31450 312th Place Waukee,IA 50253 9. 1"=50 That part af the North 175 feet af the East 175 feet of Government Lot 14 in Section 5, Township 78 North.Range 26 West of ths 5th P.M.,now induded in Degas County,lowe. being mare particularly described as fogaws; Commencing at the Northeast comer af said Government Lot 14;thence SOO'00'00"E,41.82 feet along the East One of said Government Lat 'l4 ta tha Point of Beginning;thence continuing SDD'00'DO E,20.12 feet along the East line of said Covemment Lot 14;thence 58343'17"W,174.57 fest to ths West gna of the North 175 feet of the East 175 fest of said Government Lot 14;thence NDD'00'00"E,20.12 feat along ths W«st Dns of the North 175 feet of the bast 175 feet of sold Government Lot 14;thence N83'4317 E,174.57 feat to the paint of beginning. Containing 3,491 square feet,more or less. 2/1 6/2016 ERG III 5-013 Book 2616 Page 6921 Bof6