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Home My WebLink About2017-08-21-J01U ARC Phase 5_UICCU_Temp Easement�1� Waukee ' {W« THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 21, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Temporary Construction Easement for Construction related to the SE Alice's Road Improvement Project, Phase 5 (University of Iowa Community Credit Union) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The easement is required for the construction of the SE Alice's Road Improvement Project, Phase 5. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: One Dollar ($1.00) COMMISSIONBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. Easement PREPARED BY: Beth Richardson/Rudy Koester �51L REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO ALICE'S ROAD CORRIDOR IMPROVEMENTS, PHASE 5 [UNIVERSITY OF IOWA COMMUNITY CREDIT UNION] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE, IOWA 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 Alice's Road Corridor Improvement Project, Phase 5 (the "Project"); AND, WHEREAS, said easement shall be located on a portion of the property owned by University of Iowa Community Credit Union and legally described as referenced in Exhibit A, which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 21" day of August, 2017, that it hereby approves the Temporary Construction Easement related to Alice's Road Corridor Improvement Project, Phase 5, with payment made by the City to property owner(s) University of Iowa Community Credit Union 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: Ryan K. Gurwell, A & R Land Services 1609 Golden Aspen Dr., Suite 104, Ames, IA 50010 (515)337-1197 Return Document To: City of Waukee, Iowa Rebecca Sehnert, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: University of Iowa Community Credit Union Grantee: City of Waukee, Iowa TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s). The undersigned, UNIVERSITY OF IOWA COMMUNITY CREDIT UNION (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 TEMPORARY EASEMENT PLAT 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: SE Alices Road Improvements Proiect-Phase 5. 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 If day of AF r , 201 L . Al ft"' CII.7 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION �ax�a SIGNATURE p�cr .Ua6�� PRINTED NAME Sle y% TITLE STATE OF IOWA ) ) SS COUNTY OF DALLAS ) CITY OF WAUKEE William F. Peard, Mayor Attest: Rebecca D.Schuett, City Clerk On this W, day of jd jq 201 11,before me, the undersigned, a Notary Public in and for said Co6ty and the State of Iowa, personally appeared T'3Grl 1111"iL' , to me personally known, who being by me duly sworn, did say that that person is d4A 0-01�Firms✓ 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 �jf the corporation by authority of its Board of Directors; that �/r7Yl�li' f)4w1 +Lj WC-W acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. wmn LIAM 801745piresa N tary Public in and for &he 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 M Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393 TEMPORARY EASEMENT EXHIBIT 42-T TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE SE ALICES ROAD IMPROVEMENTS PARCEL42 FNDCUTX PROPERTY OWNER UNIVERSITY OF IOWA COMMUNITY CREDIT UNION C/O NATHAN ALLEN 5820 WESTOWN PARKWAY WEST DES MOINES, IA 50066 BOOK 2008, PAGES 6499-6500 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 2 OF THE CROSSING AT ALICE's ROAD PLAT 4, AS RECORDED IN BOOK 2015, PAGE 20364 OF THE DALLAS COUNTY RECORDER'S OFFICE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, THENCE NORTH 89° 43'40" WEST, 29.45 FEET ALONG THE NORTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING; THENCE SOUTH 04° 20' 30" WEST, 15.76 FEET; THENCE SOUTH 00° 31' 39" WEST, 187.36 FEET; THENCE SOUTH 45° 13' 30" WEST, 21.33 FEET; THENCE NORTH DO. 31' 39" EAST, 218.17 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 89" 43' 40" EAST, 16A5 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,168 SQUARE FEET OR 0.07 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT. NE CORNER 1 SEIA SE1/4 SEC. 27-79-26 F.L FN0 5/8" IR VCAPN7844 ¢ IN rc N n of c -�- e 0L 10�0 200 UO p w LOT 1 m w FEET NOTE: MONUMENTS SHOWN TI ILI SET WILL BE ESTABLISHED AF ` rl m U 2 CONSTRUCTION IS COMPLETE r,P� �P� N g¢ W R II-, C ¢ 60' POB 99° 43' 40" W 29.45' S 89° 43' 40" E 16.05' POC 238.44? & R) c✓$V?YS� N00°31'39�.1T 2 a `C�F'R AOQVP� LOT 2 LOT 1 34.83' FND CUTX Rv � N89°5621"EP - -167.37'(M)- 167.35'(R) SW CORNER 355o,r(M) 355.01'(R) SEi/4SE1/4 EAST HICKMAN ROAD SEC. 27-79-25 (ROW WIDTH VARIES) 1. r__ - — - — -— S89°55'16"W 1317.78'------------ \ 3,N LEGEND ♦ FOUND SECTION CORNER MONUMENT SEFSEOTON CORNER MONUMENT FOUND CUT X (UNLESS NOTED) D SETVS- REROD WNINK CAPN22847(UNLESS NOTED) (M) MEASUREDDIMENSION (R) RECORDED DIMENSION I.R. IRON ROD I.P. IRON PIPE — - — - SECTION LINE R7V — RIGHT-OF-WAYUNE -- D4STINOLOTLINE P& — PROPERTYLINE QTEMPORARY CONSTRUCTION EASEMENT 3,R S104° 20' 30" W 1576 I 39" W 187.35' `S145° 13' 30" W 21.33' rSFNO BRASSPLUG ECORNEREC. 27-79-26 ¢ I FND DOT DISK I ¢ I I I FIELD SURVEY COMPLETED: JANUARY: SURVEY FOR: +Foth CITY OF WAUKEE 23GWA HIGHWAY 1fi3 SHEET WAUKEE, IA 502 TEL.: (515) 9874363 Futh In/ostmcturn & EnAromm.nt, LLC 1 OF 1 $191 SkN ao Coral, Suft L Jol,nclon,N50131-293t FOTH PROJECT NO. 16W021-01 DATE: 1/27/2017 rw�nalsasl-1J9J F.r. stsxs4laa