HomeMy WebLinkAbout2016-05-02-Resolutions 16-167_Glynn Village P10 Westown Pkwy Improvements - Temp Construction Easement - TowTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-167
APPROVING TEMPORARY CONSTRUCTION EASKMKNT RELATED TO THE
WESTOWN PARKWAY IMPROVEMENTS
[KEVIN R.AND HEIDI A.TOW]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE,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 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 Kevin R.and
Heidi A.Tow 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,width payment made by the City to property owner(s)Kevin R.
and Heidi A.Tow in the amount of $1.00.
illi .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
X
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TEIUIPORARY CONSTRUCTION EASEIUIEiNT
Recorder's Cover Sheet
Preparer Information:(name,address and phone number)
Return Docuntcnt To:{name and complete address)
,n .City ot'Waukce,Iowa
Rcbccca Schuctt,City Clerk
230 Higoltway 6
'TUaukee,Ioiva 50263
Grantor:Kevin R 2nd Eleidi A Tow
Grantee:City of UUaukec,Ioiva
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TEiVIPORARY COiNSTRUCTIOiN EASEiYIENT(S)
1&iNOWV TO ALI,PERSONS BY THESE PRESENTS;
The umlersigned,l&evin R anil Heidi A Tow (heri:inaftcr rel'ened to &is the
"Grantor"),in consideration of thc aunt of One Dollar ($1.00)and other goocl and
valuable consideration,the receipt and sufficiency of which is hereby acknowledged,docs
hereby sell,greeit,anrl convey to the CITY OF WVAUI&EE,IOVVA,a municipal
corpor<ion (llcreinafter refeiTed to as the Gra!ttec ),a telllporary construction easement
under,through and across the following described re&al estate:
SEE EXPIIBIT "A"ATTACHED HERETO
(hereinafter referred to as the "Easemcnt Area")
That the above-described easemcnt is granted unto the City of Waukec,Iowa,for
thc purpose of construction and installation of the following public improvements;
This temporary construction easement shall terminate and be of no Force slid
cft'ect one (I)year after the date of final completion and acceptance of said completecl
improvem&aits by the City.
The Grantee agrees to restore the Easemcnt Area to a condition after construction
siibstalitially the same as prior to entry by the Grantee,except for any grading and above
ground improvements which shall relrlaill in place as part of the improvement.The
surface of the Easement Area will bc seeded or soddedl 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 fol'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 grantecl.
The Grantee will indemnify «ntl hold harmless Grantor fiom any and all damages,
injuries,or losses arising out of Grantee s iisc of the easement or the work done in
colulection tltelevvit11.
'I'hc Grantor docs HEREBY COVENANT with the said Grantee,iuid successor-
in-interest,that said Grantor hohls said real estate dcscribecl in this Easement Area by title
in fee simple;that Grantor has good and lavvful authority to sell aiid convey the same;and
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that said Crt'alstol'covenants to WARRAN'1 AND DEFFND the said prcmiscs against thc
lawful clailns of all persons whomsoever,except as may be herein staterl.
Signed this dayof f',20~6.
GRANTOR
Kevut R Tow
zh.Attest:
Heidi A Tow Rebecca D.Scluiett,City Clerk
Book 2816 Page 69223of6
SrATE Or-IOWA )
)SS
COuNT~OF ~11@6
On this ~k'fR clay of yi 1,2016,before me,the undersigned,a
Notary Public in and for the State o'I'Iowa,personally appeared I&EVIN R TOW,to me
known to be the identical prnsons namcrl in «uld who executed the foregoin«y instrument,
and acknowledged that these persons executed the instrtmtent as the voluntruy acts ol'thc
pel'soils.
,Ost«se REBECCA L BCHUHT
Commission Number 71rrsr76
My Commission Expires
«yyf 2 Msy 13«7017
Notaly Public iit «and fol'the
State of Iowa
Ivty Commission expires ~/0 kll
STATE OF IO'«VA )
)SS
COIINTY OF Ea II e.s )
0 rr'2«'dly f ~,2015 r f '»,tl .«u«si'r«»
Notary Public in anti for the State of Iowa,personally appeared HEIDI A TOW,to me
1«nlown 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
pei'sons.
QREQ t",;".GRCrE
"I
Notary Public in and I'or the
State of Iowa
My Commission expires s s~.s.««a
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S I'ATE OF IOWA )
)SS
COLttUTY OF DALLAS )
ii /On this k day of 1&'I ft~s 2016,before me,thc undersigned,a
Notary Public in and for said CountyIand the State of'Iowa,personally appeared William
F.Peartl and Rebecca D.Schuctt,to me personally known,who being by mc duly sworn,
did say that they &'ui'thc ivlayol'encl City Clerk of the City of Waukee,lowe,a municipal
col pot'atloll,cxccutlng the within still f'ol'cgol!1g instrument encl acknowled&&cd that they
executed the same as their voluntary act and deccl of the City of Waulcec,by it and by
them voluntarily executed.
KP&THBYI&1 E.PURVIS
Comrmssion Number 79451 3
My Commission Expires
February 10,2019
I i
4
ot uy Pub ic in and for t te State of Iowa
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EXHIBIT A
LEGAL DESCRIPTION
EASEMENT EXHIBIT
TEMPORARY CONSTRUCTION EASEMENT
N83 l9'22 "E
I0.09'
r 50057'38 "W
37 40'
PART GOYI T LOT 9
SEC.5-78-26
TE'MPORAR 7
CONS7RUC7IOAI EASEMENT
S06'26'Dg "5
10.00'
L N8W33 56 64.70
3 3358 W 76.05'
NOO'57'38'C
m
JJ 28'
SW CORNER
GDV'T LOT 9
gE DIES~ST-OW F'A~K~
Kevin e heidi Taw
105 SE IVestown Parkway
Waukee.IA 50263
9.
I "=30
That part of Government Lat 9 ln Section 5,Township 78 North,Range 26 West of the
5th I'.N.,naw included ln Dallas County,lawn,being more particularly described as
follows:
Commencing at the Southwest rarner of said Gavernment Lot 9;thence NOO'57'38"E,
3326 feet along the West line of said Government Lat 9 to the Point of Seginning;
thence continuing NOO'5'738"E.47.44 feet along the West fine of said Government Lot 9;
thence N6339'22 E,10.09 feet',thence SOO'57'38"W,37.40 feet;thence N83'33'58'E,
64,70 feet,thence S06'26'02"E,IO.DD feet:thence S83'3558"W,76.08 feet to the paint
af beginning.
Containing 1,128 square feet,more or less.
2/1 9/2016
ERG $15-013
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