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Home My Public Portal AboutResolutions_23-32_8/14/2023 RESOLUTION NO. 23-32 Resolution approving Temporary Trail Easement Agreements — Phase I WHEREAS,this Resolution concerns private access to real estate through Sandra Carter, a single person; and Steven Gail Holmes and Rachel A.Holmes,husband and wife,in Marcus, Iowa; WHEREAS, City of Marcus,has requested access to its real estate to construct phase I of the Marcus Trail Project; WHEREAS,the City Council is being asked to approve the said easement, which allows said access; WHEREAS,the easement further obligates the Grantee to restore the driveways and vegetation disturbed in the easement area; NOW,THEREFORE,BE IT RESOLVED,the City Council of the City of Marcus, Iowa, does hereby approve the Easement Agreement. Attached hereto and incorporated by this reference with Sandra Carter, a single person, concerning the following described real premises: The North 25 feet of the East 20 feet of the West 80 feet of the North 246.1 feet of Lot Twelve (12) of an Irregular Survey of the West Half of the Northeast Quarter(W1/2 NE1/4) of Section Four (4),Township Ninety-two (92)North,Range Forty-two (42),West of the Fifth P.M., Cherokee County, Iowa. BE IT FURTHER RESOLVED,the City Council of the City of Marcus, Iowa, does hereby approve the Easement Agreement. Attached hereto and incorporated by this reference with Steven Gail Holmes and Rachel A. Holmes,husband and wife, concerning the following described real premises in Cherokee County, Iowa: The West 40 feet of the North 8 feet of a tract of land described as commencing at the Northwest Corner of Lot Fourteen(14) of the West Half (W1/2) of the Northeast Quarter (NE1/4) of Section Four (4),Township Ninety-two North (T92N),Range Forty-two West(R42W) of the 5th P.M. as described in an Irregular Survey in Plat Book 2,Page 19,in the Office of the Cherokee County,Iowa,Recorder; thence East along the North line thereof 90 feet to the Point of Beginning; thence East along said Lot line 125 feet; thence South parallel to the West Lot line 170 feet; thence West parallel to the North Lot line 215 feet; thence North along the West Lot line 20 feet; thence East parallel to the North Lot line 90 feet; thence North parallel to the East Lot line 150 feet to the Point of Beginning. 2 BE IT FURTHER RESOLVED,that this Resolution and Temporary Easement Agreement are to be filed with the Recorder for Cherokee County,Iowa upon execution. PASSED AND APPROVED this 114141day of (IOUS+ , 2023. .(7745‘-- Patrick J. Bunt Ma r ATTEST: City Clerk-Treasurer Attachment: Temporary Trail Easement Agreement—Carter Temporary Trail Easement Agreement—Holmes STATE OF IOWA ) ) ss. TEMPORARY TRAIL EASEMENT AGREEMENT CHEROKEE COUNTY ) THIS TEMPORARY TRAIL EASEMENT AGREEMENT is made and entered into by and between Sandra Carter,a single person, "Grantor(s),"and the City of Marcus,Iowa, "Grantees." WHEREAS, Grantor is the owner of certain real properties located in Cherokee County, Iowa, as described below. WHEREAS, Grantee has requested(temporary)asement to construct,use,maintain,and repair a public trail over said real properties. WHEREAS, Grantor is willing to grant such easement. NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which are acknowledged hereby,the parties hereby agree as follows: Temporary Construction Access Easement. Grantor grants to Grantee a Temporary Construction Access Easement providing the City the right of access to the above-described real estate and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the easement area,which is described as follows: The North 25 feet of the East 20 feet of the West 80 feet of the North 246.1 feet of Lot Twelve (12) of an Irregular Survey of the West Half of the Northeast Quarter (W1/2 NE1/4) of Section Four (4), Township Ninety-two (92) North, Range Forty-two (42), West of the Fifth P.M., Cherokee County,Iowa. After construction or future maintenance, the City, its successors and assigns, agrees to restore the described land to substantially the same condition as prior to entry,which shall include the restoration of lawns by sodding or seeding; replacement or repair of the damaged portion of concrete or asphalt driveways removed for grading or access purposes; replacement of fences or other structures removed or damaged by the City, its successors and assigns, during the course of construction,with exception of the following: NONE. TERM:The Temporary Construction Access Easement shall be terminated without further requirement of filing on December 31,2024. � IN WITNESS WHEREOF, the parties have executed this Easement Agreement on this / �y� `day of aM4Ls3 ,2023. CITY OF MARCUS,IOWA Sandra Carter, Owner/ By:Patrick J.Bunt,M'ay r ..../12.,6,16-M Attest:Robin Harvey,City Clerk STATE OF IOWA ) • ss. COUNTY OF CHEROKEE ) This instrument was acknowledged before me on this I Uay of / I , 2023,by Sandra Carter, a single person. 400ALS ROBIN,HARVEY c ' I Commission Number 817636 ``�� ,,,n (L ?Iw,Lie__. 2 tr, My Commission expires �(7f(� (/l' , C •' June 25,2025 lowp Notary Public in and for the State o Ia. STATE OF IOWA • ) ss. COUNTY OF CHEROKEE ) This instrument was acknowledged before me on this / 5 day of /f t.cct tcs/4" ,2023. by Patrick J.Bunt,Mayor,and Robin Harvey, Clerk, of the City of Marcus, Iowa. +vat,re, JUDY K MEANS Commission Number,757309 otary Pubic in and for the State of Iowa ion My Comm.Exp.Marche n. STATE OF IOWA ) ) ss. TEMPORARY TRAIL EASEMENT AGREEMENT CHEROKEE COUNTY ) THIS TEMPORARY TRAIL EASEMENT AGREEMENT is made and entered into by and between Steven Gail Holmes and Rachel A.Holmes,husband and wife, "Grantor(s),"and the City of Marcus,Iowa,"Grantees." WHEREAS, Grantor is the owner of certain real properties located in Cherokee County, Iowa, as described below. WHEREAS, Grantee has requested a temporary easement to construct,use,maintain,and repair a public trail over said real properties. WHEREAS, Grantor is willing to grant such easement. NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which are acknowledged hereby,the parties hereby agree as follows: Temporary Construction Access Easement. Grantor grants to Grantee a Temporary Construction Access Easement providing the City the right of access to the above-described real estate and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the easement area,which is legally described in Cherokee County, Iowa: The West 40 feet of the North 8 feet of a tract of land described as commencing at the Northwest Corner of Lot Fourteen (14)of the West Half(W1/2)of the Northeast Quarter(NE1/4)of Section Four(4),Township Ninety-two North (T92N),Range Forty-two West(R42W)of the 5th P.M.as described in an Irregular Survey in Plat Book 2,Page 19,in the Office of the Cherokee County,Iowa,Recorder; thence East along the North line thereof 90 feet to the Point of Beginning; thence East along said Lot line 125 feet; thence South parallel to the West Lot line 170 feet; thence West parallel to the North Lot line 215 feet; thence North along the West Lot line 20 feet; thence East parallel to the North Lot line 90 feet;thence North parallel to the East Lot line 150 feet to the Point of Beginning. After construction or future maintenance, the City, its successors and assigns, agrees to restore the described land to substantially the same condition as prior to entry,which shall include the restoration of lawns by sodding or seeding; replacement or repair of the damaged portion of concrete or asphalt driveways removed for grading or access purposes; replacement of fences or other structures removed or damaged by the City, its successors and assigns, during the course of construction,with exception of the following: NONE. TERM:The Temporary Construction Access Easement shall be terminated without further requirement of filing on December 31, 2024. IN WITNESS WHEREOF, the parties have executed this Easement Agreement on this 3 day of id,�� ,2023. CITY OF MARCUS,IOWA V0)..6) 6za /46 LPL , Steven Gail Holmes, Owner By:Patrick J.Bunt,Mayor 14144 ptsuf 676.144166 Rac el A. Holmes, Owner Attest:Robin Harvey, City Clerk STATE OF IOWA ) )ss. COUNTY OF CHEROKEE ) This instrument was acknowledged before me on this 3 day of [Le ws+. . 2023,by Steven Gail Holmes and Rachel A.Holmes,husband and wife. =ae `'t„` CoLAmm sio Nuimber 7 5281 � C , *_ _* I MY COMMISSION EXPIRES ��-'u� R., ,owA I"'I I°`ae°3 Notary Public in and for the State of Iowa. STATE OF IOWA ) • ss. COUNTY OF CHEROKEE ) This instrument was acknowledged before me on this /"—day of%a Gt5 ,2023. by Patrick J.Bunt,Mayor,and Robin Harvey, Clerk, of the City of Marcus,Iowa. telAt t. 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