The URL can be used to link to this page

Home My WebLink About2016-05-02-J01zDD Westown Improvements Temp Easement_Aldrich1 41, Wau kee THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 2, 2016 AGENDA ITEM: Consideration of approval of a resolution approving and accepting Temporary Construction Easement related to the Westown Parkway/R-22 Intersection Improvement Project (Stewart and Marilyn Aldrich) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The temporary construction easement is needed for the construction of Hubbell Homes portion of Westown Parkway. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: PREPARED BY: REVIEWED BY: Easement Beth Richardson John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO THE WESTOWN PARKWAY IMPROVEMENTS [STEWART AND MARILYN ALDRICH] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE, 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 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 Stewart and Marilyn Aldrich 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°d day of May, 2016, that it hereby approves the Temporary Construction Easement related to Westown Parkway Improvements, with payment made by the City to property owner(s) Stewart and Marilyn Aldrich in the amount of $1.00. Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson William F. Peard, Mayor AYE NAY ABSENT ABSTAIN TEMPORARY CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer Information: (name, address and phone number) Return Document To: (name and complete address) City of Waukee, Iowa Rebecca Schuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: Stewart and Marilyn Aldrich Grantee: City of Waukee, Iowa TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s). The undersigned, Stewart and Marilyn Aldrich (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 `Basement 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 i , 20[(p WITENLYCIT11 tewart Aldrich Marilyn Aldrich CITY OF WAUKEE William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk 3- STATE OF IOWA ) ) SS COUNTY OF ) On this L day of Ap'ri.L , 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared STEWART ALDRICH, to me known 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 persons. 2w 9� BEETH RIIssiocommissioB NHARDSON 2= umber 701731 M commission Expires Y STATE OF IOWA ) SS COUNTY OF ) aol Dr J't r".4 til, Notary Public in and for the State of Iowa My Commission expires 4 /-15/1 V On this L5-- day of qYLL , 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared MARILYN ALDRICH, to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that these persons execu he instrument as the voluntary acts of the persons. � Notary Public in and for the State of Iowa My Commission expires � js M STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this day of , 2016, 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 EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT CENTERLINE ROAD SURVEY IN 8KPER 2002,, PC 207 312th PLACE (SE WESTOWN PARKWAY) r33' EXISTING I RIGHT—OF—WAY eN03743'17"E 174.57' — 583'43'17"W 174.57 N00'00'00)� 20.12' TEMPORARY CONSTRUCRON EASEMENT N 175' E 175' GOV'T LOT 14 PARCEL "C" (BK 2002, PG 207) OWNER OF RECORD Stewart & Marilyn Aldrich 31450 312th Place Waukee, IA 50263 4 P.O.B. S00'0'O0'E 20.12' PARCEL "AA" (BK 2012. PG 9051) EASEMENT DESCRIPTION That part of the North 175 feet of the East 175 feet of Government Lot 14 In Section 5, Township 78 North, Range 26 West of the 5th P.M., now Included in Dallas County. Iowa. being more particularly described as follows: Commencing at the Northeast comer of said Government Lot 14, thence S00'00'00"E, 41.82 feel along the East line of said Government Lot 14 to the Point of Beginning; thence continuing SOO'00'00'E, 20.12 feet along the East line of sold Government Lot 14, thence S83'43'17"W, 174.57 feet to the West line of the North 175 feet of the East 175 feet of said Government Lot 14; thence NOWOV00"E, 20.12 feet along the West line of the North 175 feet of the East 175 feet of mold Government Lot 14; thence N8343'17"E, 174.57 feet to the point of beginning. Containing 3,491 square feet, more or less. 2/19/2016 ERG #15-013 M