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Home My WebLink About2016-03-07-J01K Westown-R22 Temp Construction Easement - Bean4 NO Waukee � 1 ■� THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 7, 2016 AGENDA ITEM: Consideration of approval of a resolution approving and accepting Temporary Construction Easement in the amount of $7,668.00 related to the Westown Parkway/R-22 Intersection Improvement Project (Andrew and Lisa Bean) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: A Temporary Construction Easement consisting of 55,654 square feet is required for the Westown Parkway/R22 Intersection Improvements Project. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $7,668 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. Easement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATIO ?— NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING TEMPORARY CONTRUCTION EASEMENT RELATED TO THE WESTOWN PARKWAY/R-22 INTERSECTION IMPROVEMENT PROJECT [ANDREW AND LISA BEAN] IN THE NAME AND BY THE AUTHORITY 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 Westown Parkway/R-22 Intersection Improvement Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by Andrew and Lisa Bean, 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 71h day of March, 2016, that it hereby approves the Temporary Construction Easement related to the Westown Parkway/R-22 Intersection Improvement Project, with payment made by the City to property owner(s) Andrew and Lisa Bean in the amount of $7,668.00. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Shane Blanchard Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson TEMPORARY CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer Information: (name, address and phone number) Brad Deets, Development Services Director City of Waukee 230 W Hickman Road Waukee, Iowa 50263 (515) 978-7899 Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 W Hickman Road Waukee, Iowa 50263 Grantor: JWET Family Limited Partnership Grantee: City of Waukee, Iowa TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s) The undersigned, JWET Family Limited Partnership (hereinafter referred to as the "Grantor"), in consideration of the sum of Seven Thousand Six Hundred Sixty Eight Dollars ($7,668) 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: Westown Parkway/R-22 Intersection Improvement Project 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. 2- 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 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 C1 MA;V t7 A / JWET Family Li ited Partnership Name: Title: (wa � Anh!Le JWET Family Limited Partnership Name: 1/ Title: &A4 " et 2016. CITY OF WAUKEE William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk -3- STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this p. day of z , 2016, before me, the undersigned, a Notary Publ' in and for said County and Ithe State of Iowa, personally appeared to me personally known, who being by me duly sworn, did say that that person is of the partnership 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 acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by hi luntaiky �a cuted. 15— BETS MCHARDSOM ByYi ,P Commission Number 701731 Printed Name: my Commissi Gpires Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this day of 2016, before me, the undersigned, a Notary ublic in and for said County andl the State of Iowa, personally appeared Lisr , to me personally known, who being by me duly sworn, did say that that person is of the partnership 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 acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by h' I ntaril a ecuted. By: ( U1� E s BETH RICHARDSOM Printed Name: aCommission Number 701731 p My i °epirss Notary Public in and for the State of Iowa -4- 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 -5- EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION PARCEL 2 TEMPORARY EASEMENT A PARCEL OF LAND LYING ENTIRELY WITHIN AND BEING A PART OF LOT 2, GOVERNMENT LOT 12 AND LOT 13, SECTION 5, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5T" P.M. AS SHOWN ON SURVEY PLAT RECORDED IN BOOK 729, PAGE 900, NOW IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF PARCEL "D" PART OF GOVERNMENT LOT 13, SECTION 5, TOWNSHIP 78 NORTH, RANGE 26 WEST AS SHOWN ON PLAT OF SURVEY RECORDED IN BOOK 2002, PAGE 207; THENCE NORTH 00040'17" EAST, ALONG THE EAST LINE OF SAID GOVERNMENT LOT 12, FOR A DISTANCE OF 106.72 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE COUNTY ROAD, AS PRESENTLY ESTABLISHED AND ALSO THE POINT -OF - BEGINNING; THENCE SOUTH 80°08'16" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 9.42 FEET: THENCE SOUTH 85°35'59" WEST, FOR A DISTANCE OF 223.33 FEET, TO THE BEGINNING OF A CURVE CONCAVED SOUTH WITH A RADIUS OF 850.00 FEET: THENCE WESTERLY ALONG SAID CURVE A DISTANCE OF 439.08 FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 70°48'05" WEST AND A CHORD DISTANCE OF 434.21 FEET; THENCE SOUTH 56°00'11" WEST, FOR A DISTANCE OF 183.26 FEET; THENCE SOUTH 83°19'48" WEST, FOR A DISTANCE OF 63.64 FEET, TO A POINT ON THE WESTERLY RIGHT-OF-WAY- LINE OF LITE AVENUE AS PRESENTLY ESTABLISHED; THENCE NORTH 49027-42" WEST, ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 21.57 FEET; THENCE NORTH 56000-11" EAST, FOR A DISTANCE OF 245.55 FEET, TO THE BEGINNING OF A CURVE CONCAVED SOUTH WITH A RADIUS OF 900.00 FEET: THENCE EASTERLY ALONG SAID CURVE A DISTANCE OF 464.91 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 70048'05" EAST AND A CHORD DISTANCE OF 459.75 FEET; THENCE NORTH 00000'00" EAST, FOR A DISTANCE OF 51.76 FEET; THENCE NORTH 90°00'00" EAST, FOR A DISTANCE OF 236.75 FEET, TO A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 12, THENCE SOUTH 00°40'17" WEST, ALONG SAID EAST LINE OF GOVERNMENT LOT 12, FOR A DISTANCE OF 82.87 FEET TO THE POINT -OF -BEGINNING. 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