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Home My WebLink About2019-06-03-Resolutions 19-207_N 10th St Improvements-Hickman Rd to NW Douglas Blvd, Temporary Construction Easement, William Fox Farm CoTHE CITY OF WAUKEE, IOWA RESOLUTION 19-207 APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO THE N. 10TH STREET IMPROVEMENT PROJECT [WILLIAM FOX FARM COMPANY] IN THE NAME AND BY THE A UTHORITY 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 N. 10'h Street Improvement Project; AND, WHEREAS, said easement shall be located on a portion of the property owned by William Fox Farm Company 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 Yd day of June, 2019, that it hereby approves the Temporary Construction Easement related to the N. 10'h Street Improvement Project [William Fox Farm Company] in the a nt of $4,915.00. n _ „ // // Attest: !!�� Vj lob-w-* Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE Anna Bergman X R. Charles Bottenberg Courtney Clarke X Shelly Hughes Larry R. Lyon X illiam NAY ABSENT X X ABSTAIN IIII IIII Ilil III II IIII II IIII III' II'�II II Doc ID: 00777634000E Type: EASE Recorded: 06/11/2019 at 01:34:58 PM Fee Amt: $32.00 Page 1 of 6 Dallas County Iowa Chad C. Airhart RECORDER File# BK2019 PG9254 TENIPORARY CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer Information: (name, address and phone number) Carolyn SUrman XG Land Services, Inc. 9001 Hickman Road, Suite 100 Urbandale, 1A 50322 515-382-1698 Return Document To: (name and complete address) City of Waukec, Iowa Rebecca SChuett, City Clerk 230 Highway 6 Waukee, Iowa 50263 Grantor: William Fox Farm Company Grantee: City Of Waukee, Iowa TEMPORARY CONSTRUCTION EASENTENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: Grant of Easement(s). The undersigned, William Fox Farm Company, (hereinafter referred to as the "Grantor"), in consideration of the suns of FOUr Thousand Nine Hundred Fifteen Dollars ($4,915.00) 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 NVAUKEE, I.OWA, a municipal corporation (hereinafter reterred to as "the Grantee"), a temporary construction casement 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 Ulranted unto the City of Waukee, loNva, for the purpose of construction and installation of the N. 10"' Street improvements: This temporary construction easement shall terminate and be of no force and effect trivo (2) years 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. 1'lle 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 casement herein granted. 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. '0 Signed this/ day of NVi iam Fo)�-htrm Company Title: i fn ' STATE OF 10WA ) ) SS COUNTY OF -) By:_ Title: On this day of 2U bet,we me, the undersigned, a Notary Public in and for said County and the State of' Iowa, personally appeared _ to me known to be identical to the person named in ,this instrument, who being by me duly sworn, did say that that person is the corporation executing the foregoing instrument; and that the instrument ��as signefl 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 them voluntarily executed. Notaly,Publ ; in and R2E the _� --State� u _,Iowa �Tq,��, Tiffany J Manning STATE OF IOW.A �� Commission Number 79�°�9 " hAy Commission Expires ) SS lOW1 April 0', 2G22 CC) UNTY OF ) On this -- day of _-- —' 20___1 before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared to me known to be identical to the person named in this instrument, who being by me duly sworn, did say that that person is of the corporation executing the foregoing instrument; and that the Instrument was si,-,ned on behalf of the corporation by authority of its Board of Directors: that acknowled,ed the execution of the instrument to be the voh,111tary act and deed of the corporation, by it and by than voluntarily executed. Notary Public in and ter the State of lowa - 3 - CITY OF NVAUKEE Wi 4am�PcclNA�iyor Attest: Rebecca D. Schucti. City Clcrk STATF OF IOWA j ) SS COUNTY OF DALLAS ) On this day of ` , i?0_, before me, the undersigned, 1;.- _ _ - 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 MAW W City of Waukee, by it and by them voluntarily executed. KATHRYN E PURVIS794513 t m Notary Pubic in and for the Stdtc of Iowa ow MyFeb22 -4- EXHIBIT A LEGAL DESCRIPTION The South Half of the Southeast Quarter (S '/ SE '/) of Section Twenty (20). Township Seventy-nine (79) North, Range Twenty-six (26) West of the 5`�' P.M., Dallas County, Iowa, EXCEPT The No►-th 280.0 feet of the East 021.0 feet of the South 941.6 feet of the Southeast Quarter of the Southeast Quarter (SE !,; SE !/,) of Section Twenty (20), Township Seventy-nine (79) North, Ranue Twenty-six (26) West of the 5`f' P.M., Dallas County, lowa. - 5 - TEMPORARY EASEMENT EXHIBIT 39-T TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE WAUKEE HIGH SCHOOL NO. 2 PARCEL 39 FND CUT X —� PROPERTY OWNER: El/4 CORNER WII.I_IAM PDX h-ARM COMPANY SEC. 20-79-26 00 LINDA MANNING 27099 U AVENUE WAUKEE. IA 50263 BOCK 2012, PAGE 22014 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN PART OF THE SOUTHEAST QUARTER OF THE SOUTH HALF CF SECTION 20, TOWNSHIP 79 NORTH. RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUN IY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 20, THENCE NORTH 89' 38' 34" WEST, 55.00 FFE F ALONG THE SOUTH LINE OF SAID SECTION 20 TO THE POINT OF BEGINNING; THENCE NORTH 89' 38' 34" WEST, 45.00 FEET CONTINUING ALONG SAID SOUTH LINE; THENCE NORTH 00' 16' 58" EAST, 1195.97 FEET. THENCE SOUL H 89` 43' 02" EAST, 45-00 FEET TO THE WEST RIGHT-OF-WAY LINE OF U AVENUE (R-22); THENCE SOUTH 00" 16' 58" WEST, 496.03 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 22,320 SQUARE FEET OR 0.51 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE. US SURVEY FOOT. -- FND BRASS CAP IN CONCRETE MON. S1i4 CORNER SEC 20--9-26 - N 89` 36' ,14' W -1635.01' i li( END FOUND SECTION CORNER to nNUMENT SET SECTION CORNER MONUMENT • FOUND 31.1' REROD W/YELLOW CAP 414775;UNLESS NOTED) 0 SET 5)8" REROD W/PINK DAP,"22847 (UNLESS NOTED) (M) MEASURED DIMENSION (P) RE-c')PPE�1 DINIENSIiI)t,; I.R IRON ROD I.P. IRON PIPE SECTION LINL ., RIGHT-OF.WAY LINE EXISTING LOT I3NF PROPERTY_INE I LMI'C'HA; rCONSTRUCT ION EASFMLNT 4 5' T � m j W m L� o 0 0 ' o Z ---*— 55' EXISTING HALF ROW — N 89° 38 34" W 55.00'(M & R) N 3S" 38' 34" W 45.00' --" i — POC ROB—' FND CUTX N G' SE CORNER N _ - SEC. 20-79-28 W mi \. rl W > o -- FND CUT X SE CORNER NEv4 NE 14 SEC. 29-7 9-26 FIELD SURVEY COMPLETED: JUL.Y 2017 SURVEY FOR: k+oth CITYOF WAUKEE 230 HIGHWAY 6 SHEET WAUKFF IA `i0263 ,.�° TEL., i515) 987-4363 1 OF 1 Fotfr Infrastructure 8 Environment, LLC Y.1!'1 Hn.r ,iilr ,1, , 9:1' FOTH PRCJECT NO. 15W038-01 DATE-. 1W2612018 vno��,�1 t'z -1 '1'31a,.