The URL can be used to link to this page

Home My WebLink About2016-05-02-J01zHH Bluestem Lift Station 14 Temp Easement_WCSD► O Waukee `f WI i 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 No. l related to the Bluestem Lift Station No. 14 Improvement Project (Waukee Community School District) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The temporary construction easement is needed for the construction of the Bluestem Lift Station Improvements. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: COMMISSIONBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Easement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING TEMPORARY CONSTRUCTION EASEMENT NO. 1 RELATED TO THE BLUESTEM LIFT STATION NO. 14 IMPROVEMENT PROJECT [WAUKEE COMMUNITY SCHOOL DISTRICT] 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 Bluestem Lift Station #14 Improvement Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by the Waukee Community School District 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 No. I 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: 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: Waukee Community School District 560 SE University Avenue Waukee, IA 50263 Grantee: City of Waukee, Iowa TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(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 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: A sanitary sewer main, sanitary manholes, sanitary force main, water service, and other associated appurtenances, which are all a part of the Bluestein Lift Station #14 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. -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 [:► 9: Person and title day of STATE OF IOWA ) ) SS COUNTY OF DALLAS ) 2016. CITY OF WAUKEE William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk On this day of , 2016, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared to me personally known, who being by me duly sworn, did say that that person is of said , as such acknowledged the execution of said instrument to be the voluntary act and deed of said by it and by him voluntarily executed. Notary Public in and for the State of Iowa My Commission expires 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 L'! EXHIBIT A - TEMPORARY CONSTRUCTION EASEMENT EXHIBIT S00"30'39"W — P.O.0 1,856.00' NE COR, LOT 1 WAUKEE TIMBERLINE - P O B SCHOOL PLAT 1 N00030'39"E S89°29'21"E 45.00' 80.00' S89°29'21"E 125.00' NOO°30'39"E 50.00' N89°29'21 "W 125.00' LOT 1 • WAUKEE TIMBERLINE SCHOOL PLAT 1 WAUKEE COMMUNITY SCHOOL DISTRICT 2605 SE LA GRANT PKWY WAUKEE Y IL H Z LLI co) W z W EAST LINE, LOT 1 N89°29'21"W _j' /% N89°29'21"W 4535.00' N00630'39"E 83. / 83.00' LEGAL DESCRIPTION A PROPOSED TEMPORARY CONSTRUCTION EASEMENT BEING LOCATED IN LOT 1 OF WAUKEE TIMBERLINE SCHOOL PLAT 1, AN OFFICIAL PLAT, INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1 S00"30'39"W, 1,856.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EASTERLY LINE OF SAID LOT 1 S00"30'39"W, 533,00 FEET; THENCE N89°29'21"W, 35.00 FEET; THENCE N00°3019"E, 83.00 FEET; THENCE N89°29'21"W, 45.00 FEET; THENCE N00"30'39"E, 355.00 FEET; THENCE N89"29'21"W, 125.00 FEET; THENCE N00°30'39"E, 50.00 FEET; THENCE 389"2921"E, 125.00 FEET; THENCE N00°30'39"E, 45.00 FEET; THENCE S89"29'21"E, 80.00 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 45,155 SQUARE FEET AND IS SUBJECT TO OTHER EASEMENTS AND RESTRICTIONS OF RECORD. DESCRIBED EASEMENT IS BEING ACQUIRED AS PART OF THE BLUESTEM LIFT STATION #14 IMPROVEMENTS. 'I�� 4 +1 Cliw.lo.a lW}] k"M^•+'•�^^r..y��q.wrr,..�.,,_wbab••. Iw 51]�96v�}]TI .r."^yam'°"• .vaw"ns<"in fAnW �l building slronq ...n,rn hies ,..o.. e..—wry.. 0 60 12 Jt IN NORTH 1 IDch = 120 e. LEGEND PROPERTY LINE --- - - --- SECTION LINE — - — ROW LINE / EASEMENT L/ L ^ J AREA TEMPORARY CONSTRUCTION EASEMENT EXHIBIT w/,uiltE,mw/. _ C. KAMPMAN D.QN TE }21"m} 12IINMI5 "w P,$HFLOUIST M� EXH-05 LEGEND \1 �� TEMPORARY CONSTRUCTION -`� EASEMENT PERMANENTEASEMENT J �.l t� PROPOSED FORCE �ww # ��J r PRO PO¢D L►T ' STA R i r r r Mm r - ARY SEWER r 35 r r +�,�' r` r t s BLUESTEM LIFT STATION #14 IMPROVEMENTS_ a 15 PROPOSED EASEMENTS v' i WAUKEE, IA 5 E "=lw M"" 0 r�: NORTH N?Pr,.,WPX EaSemenn.Ty,MC ,5 ptn r 14. 2015].]) 52 PM