The URL can be used to link to this page

Home My WebLink About2016-05-02-Resolutions 16-168_Bluestem Lift Station 14 Improvements - Temp Construction Easement 1 - WCSDTHE CITY OF WAUKEE,IOWA RESOLUTION 16-168 APPROVING TEMPORARY CONSTRUCTION EASEMENT NO.1 RELATED TO THE BLUESTEM LIFT STATION NO.14 IMPROVEMENT PROJECT [WAUKEK COMMUNITY SCHOOL DISTRICT] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A 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 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 Disnict 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 No.1 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: illiam F.Peard,Mayor 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 IIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Book 2016 Page 6924 Decurrent SSP4 TWPe EASE PsGes 5 Date 5/8572815 Ttse ter12 Alt Rec Ast 827.88 Chad Air hart,Racer der Deltas Ccuntu IOWA lllllllllllllllllllllllillllIIIIIII MTG PCRF SERF ODD D/C TEMPORARY CONSTRUCTION EASEMENT (A) Recorder's Cover Sheet Preparer Information:(name,address and phone number) Return Document To:(name and complete address) City of Waukee,lowe Rebecca Schuett,City Clerk 230 Highway 6 Waukee,iowa 50263 Grantor:Waukee Community School District 560 SE University Avenue Waukee,iA 50263 Grantee:City of Waukee,iowa Book 2616 Page 6924 1 oi 5 TEMPORARY CONSTRUCTION EASKMKNT(S) KNOW TO ALL PERSONS BY THFSE PRESENTS: 1.Grant of Eascmcnt s . The undersigned,WAUKEE COMMUNITY SCHOOL DISTRICT,an iowa school district (hereinafter referred to as the '*Grantor"),in consideration of the sum of One Dollar ($1.00)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 WAUKKE,IOWA,a municipal corporation (hcreinafter 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 easement is granted unto the City of Waukee,Iowa,for the purpose of construction and installation of the following public improvements: l.A sanitary sewer force main and other associated appurtenances as part of the Bluestem Lift Station ¹14 Improvements. This temporaty construction easement shall terminate and be of no force and effect one (1)year after the date of final completion and acceptruice 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 enny by the Grantee,except for any grading and above ground improvements wltich shall remain in place as part of the improvement.The surface of the Easement Area will be seeded or sodded and/or Icft in its natural state as shovm 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 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. The Grantee will indrannify 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. Book 2816 Page 6924 2of 5 The Grantor does kIEREHY COVENANT with the said Grantec,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. Slg dtt1 +96 1 fdtIytdi,tpld. GRANTOR CITY OF WAUKKE rp~y rrrf i;'7Ãwt harn P d,Mayor Attest: Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF DAI.LAS ) 0 tpl ZS d y f~fi(0016,6 fr,tg d lg d, Ntryplll 'dt'ldC lydtt Stt fl,p llyppd to me personally known,who being by me duly sodom,did say that that person is g PiF 7 of said J',as such ,acknowledged the execution of said instrument to be the volunttuy act and deed of said .5 ,by it and by hint voluntarily executed. Not y Public in and for the State of Iowa Pty C 1 1 »pl'~Ert- TIMQTHY R IILQQM ~Commission Number 777448 My Commission atrpires March 13,20~i Book 2816 Page 6924 Bet 5 STA'I.'l.',01'IOWA ) )SS COUNTY Ol DALLAS ) On this rt day of ,2016,before nte,the undersigned,&3 Notary Public in and for said County td the State of Iowa,personally appeared William F.Peard and Rebecca D.Schueft,to me personally known,who being by me duly sv'orn, did say that they are the Mayor and City Clerk of the Cily of Waukec,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. KATHRYN E.PURVIS 43r:Commrsmon Number 79rfst 3 My Commrssion Expires February 10,7019 Notary Publi in and for the tate of Iowa Myc r r s Book 2816 Page 6924 4of5 EXHIBIT A -TEMPORARY CONSTRUCTION EASEMENT EXHIBIT OZII 2$yf %ICA NEP LOT I ~STONE PRAIRIE PLAT 1 POINT OF BEGINNING lie if F"FI *"IOLE I fUSLEN Sill 'L.TONE PRA filE I)R)"AUKFF PAIN-,-,ZPE NE COR LOT I WAUKEE TIMBERLINE- SCHOOL PLAT I 800'30'39"W JS83.3A'15"W—'8059' N83 3A'1~5'EJ 110.85' LOT I -)SAUK EE TIMBERLINE SCHOOL PLAT 1 NAIIKEE COMMUN)IT SCHOOL OISTITIC I 2655 SE 'A ORANT PKYIY WAUKEE LEGAL DESCRIPTIDIII A PROPOSED TEMPORARY CONSTRUCTION EASEMENT BEING A PAR'I OF LOT I GF WAIJKEE TIMBERI INE SCHOOL PLAT 1.AN OFFICIAL PLAT,INCLUDED IN AND FORMING A PART OF THE CITY GF YYAUKEE,DALLAS COUNTY.IOWA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE iNORTHEAST CORNER OF SAID LGT 1.THENCE ALONG THE NOR1H LINE GF SAID LO I I $8335'15W.30 22 FEET'1 HENCE SOO*'30'39 W,30 22 FEET,THENCE 883'3ei'I 5 W. 8059 I LET II IENCE SOO"30'39'W,14807 f EEI,fHENCE N83 35'15E,11081 FEET TO THE EAST LINE GF SAID LOT 1.THENCE ALONG THE EAST LINE OF SAID LOT I NOO*30'39E.178i 291 EET 1G THE POINT OF BEGINNING.DESCRIBED AREA CONI'AINS 18,97K SQUARE FEET AND IS SUBJECT 'I 0 OTI IER EASEMENTS AND RES IRICTIONS OF RECORD DESCRIBED EASEMENT IS BEING ACQUIRED AS PART OF THE Bi UESTEM LIFT STATION IH4 IMPROVEMENTS ",I O 2O AO I'll FEE'*', NORTH I .Nfl AO". LEGEND SUPERI ill,l 2 )ON uliff AOV i N'I r —— &„,,„"„,', , L .. J'" rEAAVORARY CONSTRUCTION EASEMEI IT EXHIBI I'U ief!i S Book 2616 Page 6924 5O7 5