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Home My WebLink About2019-03-18-Resolutions 19-095_NW Area Water Main Extension Phase 2, Temporary Easement, AppleTHE CITY OF WAUKEE, IOWA RESOLUTION 19-095 APPROVING TEMPORARY CONSTRUCTION EASEMENT FOR THE NORTHWEST AREA WATER MAIN EXTENSION PHASE 2 PROJECT [APPLE, INC.] 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 the Northwest Area Water Main Extension Phase 2 Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by Apple, Inc., 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 18th day of March, 2019, that it hereby approves the Temporary Construction Easement for the Northwest Area Water Main Extension Phase 2 Project [Apple, Inc.] inount of $1.00. Attest:( (U)ltW l, A A Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE Anna Bergman X R. Charles Bottenberg X Courtney Clarke X Shelly Hughes X Larry R. Lyon X Q NAY es Bottenberg, Mayor Pro Tem ABSENT ABSTAIN Doc ID: 007705390011 Type: EASE Recorded: 04/01/2019 at 09:12:03 AM Fee Amt: $57.00 Page 1 of 11 Dallas County Iowa Chad C. Airhart RECORDER File# 8K2019PG4266 TEMPOIZARY CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer Information (name, address and phone number): Kathleen Law, 700 Walnut, Suite 1600, Des Moines. IA 50309: 515-283-31 16 Bill/Return Document to (name and complete address): Rebecca D. SChUett City of Waukee 230 W. Hickman Rd. Waukee, 1A 50263 Phone: (515) 978-7904 Grantor: Applc. Inc. Grantee: City oC WWkec. loti%a Legal Description: See Exhibit A TIi MPORARY CONSTRUCTION EASEMENT KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s). The undersigned, APPLE INC., a California corporation (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 Grantee for the purpose of construction and installation of the following public improvements: water main. 2. The easement granted in Section I herein shall terminate and be of no force and effect upon the earlier of (a) one (1) years after the date of full execution of this Agreement, or (b) the date of final completion and acceptance of said completed improvements by the Grantee and the satisfaction of Grantee's obligations set forth in Section 3 herein. 3. 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 watered such that the grass is established, and/or left in its natural state, as shown on the proposed plans for the project. This section shall survive the termination of the easement granted herein. 4. 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, except as otherwise set forth herein, 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. 5. The Grantee will indemnify and hold harmless Grantor and its affiliates, and their respective officers, directors, shareholders, members, managers, and employees, from any and all costs, claims, demands, liabilities, judgments, damages, injuries, or losses, including reasonable attorneys' fees, arising out of Grantee's use of the easement or the work done in connection therewith. Tliis section shal I survive the termination of the easement granted herein. 6. Grantor and Grantee shall not record this easement. I:-4 /`-R 7emporar_i,Constructron Signed this r day of 1€. ! 2019_ GRANTOR: APPLE INC. tt t Printed Name: Dana Pesce Title: Director, Real Estate & Development State of California L-t County of-Sa4ta-C-4Ki ) On `G--tcCcAn t -2.)1before me, Notary Public, personally appeared Dana Pesce, who proved to me on the basis of satisfactory evidence to be the person(o whose namefs) is/ire subscribed to the within instrument and acknowledged to me that he/she/tlwy executed the same in hiAer/thyir authorized capacity(jj�-s), and that by hiA/her/their signature(s) on the instrument the person(s�, or the entity upon behalf of which the person(Is) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_ WITNESS my hand and official seal. THER ALLEN NOT P I LIC - CALIFORNtA -� \ COMMtSS10N # 2196496 Q w LOS ANGELES COUNTY A My Comm. Exp, May 11, 2021 11:-4 I-8 7'eniporary Construction Signature ' L ' GRANTEE: CITY OF WAUKEE /r rJiLIv_ it am . Pea , Nayor Attest_ Rcbecca D. Schuett_ City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this�� f, day of ,. ,. '<j_,A x ____ , 2019, 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, them voluntarily executed. �.• .,, KATHRYN E PURVIS t_" $ Commission Number 794513 otary Pui�lic in acid for the State of Iowa My Commission Expires February 10, 2022 L- ! Ii-8 I c�rrpurut t� C'oj7struclinf7 EXHIBIT A LEGAL DESCRIPTION THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5""' P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA, EXCEPT PARCEL "A" AS RECORDED IN BOOK 2002 ON PAGE 14752 IN THE DALLAS COUNTY RECORDER'S OFFICE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 55.00 FEET OF THE EAST 90.00 FEET OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31 LYING NORTH OF SAID PARCEL "A". CONTAINING 28,631 SQUARE FEET, MORE OR LESS. .AND THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF TILE 5"" P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 60.00 FEET OF THE EAST 90.00 FEET SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31. CONTAINING 52,805 SQUARE FEET, MORE OR LESS. AND THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE, 5 ' " P.M_, CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 60.00 FEET OF THE EAST 90.00 FEET SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31. CONTAINING 52,751 SQUARE FEET, MORE OR LESS, AND THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE Sri. P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 31, THENCE SOUTH 00029'49" WEST (ALL BEARING 1,_4 1. 8 7C071)0 v CWTsN CIiun -t REFERENCED TO GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE), 1318.97 FEET ALONG 'TILE EAST LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 TO THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4, THENCE SOUTH 89052'35" WEST, 30.00 FEET ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4 TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF T AVENUE, SAID POINT BEING THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 89052'35" WEST, 60.00 FEET ALONG SAID SOUTH LINE; THENCE NORTH 00029'49" EAST, 727.34 FEET; THENCE SOUTH 89°42'00" WEST, 4.59.06 FEET; THENCE NORTLI 00051"52" EAST, 385.58 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY 6 (HICKMAN ROAD); THENCE NORTH 89°09'45" EAST, 50.00 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE' WEST LINE OF A TRACTOF LAND AS SHOWN ON THE PLAT OF SURVEY THEREOF RECORDED IN BOOK 8 ON PAGE 397 1N THE DALLAS COUNTY RECORDER'S OFFICE: THENCE SOUTH 00°5l'52" WEST, 336.04 FEET ALONG SAID WEST LINE TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 89°42'00" EAST, 468.73 FEET ALONG THE SOUTH LINE OF SAID 'TRACT TO SAID WEST RIGHT-OF-WAY LINE; THENCE SOUTH 00°29'49" WEST, 777.53 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. CONTAINING 54,740 SQUARE FEET, MORE OR LESS. AND THE EAST 1 /2 OF THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5"" P.M., CITY OF WAUKEE, DAI_,LAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4, THENCE NORTH 00°27'45" EAST (ALL BEARINGS REFERENCED TO GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE), 83.21 FEET ALONG THE EAST LINE OF SAID SOUTHEAST 1/4; THENCE NORTH 89056' 18" WEST, 40.00 FEET TO A POINT ON 'FIE WEST RIGHT-OF-WAY LINE OFT AVENUE, SAID POINT BEING THE POINTOF BEGINNING. THENCE CONTINUING NORTH 89056'18" WEST, 535.00 FEET ALONG THE NORTH LINE OF THE FORMER CIIICAGO AND NORTH WESTERN TRANSPORTATION COMPANY RIGHT-OF-WAY; THENCE NORTH 00027'45" EAST, 120.00 FEET, THENCE SOUTH 89056' 18" EAST, 80.00 FEET; THENCE SOUTH 00027'45" WEST, 67.17 FEET; THENCE SOUTH 89056' 18" EAST, 420.00 FEET TO "THE NORTHWEST CORNER OF AN EXISTING PERPETUAL GAS AND WATER MAIN EASEMENT AS RECORDED IN BOOK 2018 ON PAGE 5422 IN THE DALLAS COUNTY RECORDER'S OFFICE, THENCE SOUTH 00027'45" WEST, 20.00 FEET ALONG THE WEST LINE OF SAID PERPETUAL GAS AND WATER MAIN EASEMENT TO THE SOUTHWEST CORNER 'THEREOF; THENCE NORTH 89042'00" EAST, 35.00 FEET ALONG THE SOUTH LINE OF SAID GAS AND WATER MAIN EASEMENT TO THE SOUTHEAST CORNER THEREOF AND SAID WEST RIGHT-OF-WAY LINE OF T AVENUE; THENCE SOUTH 00027'45" WEST, 33.05 FEET ALONG SAID WEST RIGHT- OF-WAY LINE TO THE POINT OF BEGINNING. E-4 b.-8 I emporary Con .ctruc lion -5 CONTAINING 18,528 SQUARE FEET, MORE OR LESS. F-1 E-8 7'empormy Construction -6- m n N 0 PREPARED BY: VEENSIRA & KIMM,INC. - 3000 WESTOWN PARKWAY -'WEST DES MOINES, IOWA 50266-1320 - (515) 225-8000 RETURN TO. VEENSIRA $ KIMM,INC, - 3000 WESTO`WN PARKWAY - WEST CES MOINES, IOWA 50266-1320 - (515) 225-8000 EASEMENT DRAWING PARCEL NO.: OWNER: 1231400007 APPLE INC. FOR TEMPORARY CONSTRUCITON BEING CONVEYED TO THc. PHYSICAL ADDRESS: BOOK 2018 PAGE7258 CITY OF' WAUKEE, IA CENTER SEC 31-79-26 FND:1/2"REBAR W/YELLOW CAP#3321 -N89'56'53"W(M) 2652.36'(M)---- E1/4 CORNER SEC 31-79-26 FND:5/8"PIPE I W/YELL W CAP#15982 30.00' R--O-W PERPETUAL EASEMENT i --N89-57'32"W(M) 1325.67'(M) SW CORNER NE 1/4 SE 1/4 SEC 31-79-26 GRID NORTH FNDA /2"REBAR IOWA STATE PLANE i W/YELLOW COORDINATE SYSTEM CAP#292 SOUTH ZONE LEGEND 200 0 !co 200 WEST 60.00' FAST 90.00' SW CORNER NE 1/4 SE SEC 31-79-26 FND:1/2"REBAR I W/YELLOW I " CAP#15982 I M ® SECTION CORNER MONUMENT w SE CORNER -•-' FOUND (AS NOTED) L'-` - -" SEC 32-79-26 TEMPORARY EASEMENT ' inch :f 21N111 FND:5/8"REBAR 52.805 SQ.FT. NW AREA WATER MAIN EXT VEENSTRA & KIMM,INC. 3000 WESTOWN PARKWAY NEST DES MOINES. IOWA W266-1320 515-225- WOO EXHIBIT E - 5 SHEET 1 OF m 0 N PREPAREC BY: VEENSTRA & KIMM, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266 1320 - (515) 225-80XI RETURN TO: WENSTRA & KiMM, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA. 50266-1320 - (515) 225-8000 E A S E. E I! T® R A WI N G PARCEL NO.: OWNER:FOR APPLE INC,APPLE TEMPORARY CONSTRUCTION i231200005 BEING CONVEYED TO THE PHYSICAL ADDRESS: BOOK 2fitfl PAGE7264 CITY OF WAUKEE, IA u NE CORNER SEC 31-79-26 FIND: "PIPE 1 b• i 1 I � rnt ` I I I i ;IQ I PERPETUAL EASEMENT I I ~ ^\`v I 1I rn I `� 30.00' I I h N a `1�` R—O—W IN � N I I IM z WEST 60.00' I I i ' EAST 90.00' e i I o I I CENTER SEC 31-79-26 FND:1/2"REBAR I W/YELLOW CAP#3321 I � I N89'56'53"W(M) 2652.36'(M) -- GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE 200 0 100 200 LEGEND Ilrll � SECTION CORNER MONUMENT I FOUND (AS NOTED) TEMPORARY EASEMENT 1Inch 2001i. -+ 52,751 SOFT. NW AREA WATER MAIN EXTI VEENSTRA & KIMM•INC. 3000 WESTOWN PARKWAY WEST DES MOINES, IOWA 50266-1320 515-225-8000 EXHIBIT. E— SHEET i OF 1 E1/4 CORNER SEC 31-79-26 FND:5/8"PIPE PREPAI'D BY: VEFN'571�A. k QN. �FS VUIN.i-i M MOM &V MOM RETURN TO: V�ENSTM .1. XNM, Ni". pmwp - KV DES !06A 5026 -1t2f� ,5!.-;) ec�f; EASEMENT DRAW11NIG PARCEL NO_: OWNER: 12,; 1 2,0C'001 2 APIVE M POR IMPORAPY 9EING COMM -0 THE PHUCAL ADDRESS: ss. 1 BOOK 208 PAGE 103 COY OF WAML !.4 01 3 R 0.C. --1 NE CORMER SEC 31-79-26 FfA)� 1 "PIPE . . . ... . .. . ...... .... ..... .. . . ... . ..... . ... . ,,',HICK'vfAllli ROAD) AWWNUM DISC i SEC 31-79-25 C grM RMT-W-NAY -7ND:1/2"IRESAR 6.500 WM9 Poo AU;MV40 LLOW SO'Urri Rl,';H-()F-WAY LINE 13K 1 )98 71(;5-0 L4 -<, PVFPETIUAL EASEVC.14T �K iUNE Sam —ti2 60.30, L3 a,,r 4 2.'0 0 ',V 469 0 6' W&59, k.5 N89,r,9,45-, 6 3075 1'52,q 3-115.,W NWr42'Q(YE r;,3 W 300'29 49',V 777 5:` 1 LEGEMED Ak SEC70N OORNFR MONUMEN' F%AQ "AS NCMD) 5,70) iu.-- L42.5 !'(M) PLAT CF SURVE? BKS PG397 g89*4?'00",W%4) 49&731M) i C, L3 all Ame 1, I Z I iO-NA 37AT7 rZANE 11011 R I Ik SOUTH ZONE Ql� qu W L! MOO, EI/4 CORN -ER 30 0-79-26 moz/ow NW AREA WATER MAIN EXTOWN] V PAR 'A IT DU MOKS, !,-,WA 5��29Afi�-1320 & ownwoc I i EXHIBIT E - 7 1 r g 0 PREPARED BY: VEENSTRA & KIMM,INC. 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 - (515) 225-8000 RETURN TO: VEENSTRA & KIMM, INC. - 3000 WESTOWN PARKWAY - WEST DES MOINES, IOWA 50266-1320 -- (515) 225-M OWNER: EASEMENT DRAWING PARCEL NO.: APPLE INC. FOR TEMPORARY CONSTRUCTION 1230400004 BEING CONVEYED TO THE CITY OF WAUKEE, IA BOOK 2018 PAGE 7192 13 'E 35.00' 33.05' E 1/4 SEC 30-79-26 FND:5/8"REBAR I L I i I I I i I � ( I I I I� V z ILil I ni c) PERPETUAL EASEMENT �v BK2018 PG5422 I I chv 1.r� J ;�J I I z v PERPETUAL- EASEMENT 1y EXHIBii E--8 SHEET 1 OF 2 LI 6 15 T LINE TABLE LINE BEARING LENGTH I L11 N89'56'18-W 535.00' 1 L12 NOO-27-45-E 120.00'l U 3 S89'56' 18"E 80.00' 04 S00'27 45"W 67.17' 1 L 15 S89.56' 1 WE 420,00' L16 S00'27'a5 L17 N89.42.00 N89'56'18"W(M) N89-56'20"W(R) OALIAS COUNTY CONSERVATION BOARD 16.5' TELEPHONE EASEMENT1 v P.G— --- --- --- ---—N$9'S6 Ej' — — S89'42'00"W(M) 2640.52'(M)— — — — — — — U.S. HIGHWAY 6 (HICKMAN ROAD) P.O.C. _ SE CORNER S 1/4 SEC 30-79-26 SEC 30-79-26 FND:1 "PIPE FND:ALUMINUM DISC LEGEND ® SECTION CORNER MONUMENT FOUND (AS NCTED) ® 1 /2" REBAR WITH YELLOW CAP#18660 ® IDOT ALUMINUM CAP (M) "AS MEASURED" DISTANCE OR BEARING (R) "AS RECORDED" DISTANCE OR BEARING ®TEMPORARY EASEMENT 18,528 SQUARE FEET OT100 0 50 100 GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM SOUTH ZONE NW AREA WATER MAIN EXTENSION REV 1 07-23-18: INCREASED EASEMENT AREA VEENSTRA & KIMM.!NC. 3000 WESTOWN PARKWAY WEST DES MOINES, IOWA 50266-1320 515-225-8000 EXHIBIT E — 8 Rrv/'By SHEET 1 OF I