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Home My WebLink About2017-07-24-J01X Shops at Kettlestone North Plat 1 Easement_Goodall►1►; Waukee � WI THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 24, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Temporary Construction Easement related to The Shops at Kettlestone North Plat 1 [Charles Goodall] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is necessary for the developer to extend the sanitary sewer main to the property line. FISCAL IMPACT INCLUDING COSTMENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson/Rudy Koesterq�svZ REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATI — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO THE THE SHOPS AT KETTLESTONE NORTH PLAT 1 [CHARLES GOODALL] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, TO WA 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 Easement is necessary for the purpose of construction of The Shops at Kettlestone North Plat 1; AND, WHEREAS, said easement shall be located on a portion of the property owned by Charles Goodall 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 24°i day of July, 2017, that it hereby approves the Temporary Construction Easement related to the The Shops at Kettlestone North Plat 1 [Charles Goodall] in the amount of $1.00. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon TEMPORARY CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer Information: (name, address and phone number) Rudy Koester, Asst. PW Director - Engineering 805 University Avenue Waukee, Iowa 50263 515-978-7388 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: Charles Goodall Grantee: City of Waukee, Iowa TEMPORARY CONSTRUCTION EASEMENT KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s). The undersigned, CHARLES GOODALL, property owner of 3233 Ashworth Road, Waukee, Iowa 50263 (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 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 easement is granted unto the City of Waukee, Iowa, for the purpose of construction and installation of the following public improvements: This temporary construction easement 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 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 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 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 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 lawful authority to sell and convey the same; and 2- 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. Signed this day of /_ , 20L;� yes;��arr•�:� Property Owner STATE OF IOWA ) )SS COUNTY OF ) On this % Z"day of a Notary Public in and for F •lam 5 ,y Q JA, to that that person is CITY OF WAUKEE William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk 20 t ), before me, the undersigned, said County and the State of Iowa, personally appeared me personally known, who being by me duly sworn, did say of the corporation executing the foregoing instrument; that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured by the corporation) and that the instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; that kacknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. ��, ��Y�.t,�a•l�lE6�ES� Co nirj%.ion Nu'(ilber 758343 nn iw -xpires Notary ubl in nd f t State of Iowa -3- STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this day of , 20 , before me, the undersigned, a Notary 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 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. Notary Public in and for the State of Iowa 4- EXHIBIT A LEGAL DESCRIPTION A TEMPORARY CONSTRUCTION EASEMENT LOCATED N THE SOUTHEAST OF THE SOUTHWEST % OF SECTION 4, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M., WAUKEE, DALLAS COUNTY, IOWA. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTH WEST CORNER OF THE SHOPS AT KETTLESTONE PLAT 1, AN OFFICIAL PLAT, N THE CITY OF WAUKEE, RECORED BOOK 2017, PAGE 3256; THENCE S83°46'21"W, 80.00 FEET ALONG THE NORTH RIGHT OF WAY LINE OF ASHWORTH ROAD AS IT IS PRESENTLY ESTABLISHED; THENCE N00°18'55"E, 100.00 FEET; THENCE N83°46'21"E, 80.00 FEET TO THE WEST LINE OF SAID PLAT; THENCE S00°18'55"W, 100.00 FEET ALONG SAID WEST LINE TO THE PONT OF BEGINNING. -5- EXHIBIT 'A' TEMPORARY CONSTRUCTION EASEMENT W z T EI" I PORARY- -- -- CONSTRUCTION EASEI" TENT P.O.B. - SW CORNER OF THE SHOPS AT KETTLESTONE PLAT I BK 2017 PG 3256 _ _ EASEMENT LEGAL DESCRIPTION A TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE SOUTHEAST S OF THE SOUTHWEST K OF SECTION 4, TOWNSHIP 75 NORTH, RANGE 26 WEST OF THE 5TH P.M., WAUKEE, DALLAS COUNTY, IOWA. SAID EASEMENT BEING MORE PARTICULARLT DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTH WEST CORNER OF THE SHOPS AT KETTLESTONE PLAT I, AN OFFICIAL PLAT, IN THE CITY OF WAUKEE, RECORED BOOK 2017, PAGE 3256; THENCE S03-46121"W, 50.00 FEET ALONG THE NORTH RIGHT OF WAT LINE OF ASHWORTH ROAD AS IT 15 PRESENTLY ESTABLISHED; THENCE NOO'IB'SS-E, 100.00 FEET; THENCE N5346-21-E, 50.00 FEET TO THE WEST LINE OF SAID PLAT; THENCE SO-15'S5"W, 100.00 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. w _Ln _ Lo o co DE7 EAC 50' SAP SEWER E, A