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Home My WebLink About2016-03-07-Resolutions 16-076_Westown Pkwy-R-22 Intersection - Storm Sewer Easement - GrewellTHE CITY OF WAUKEE,IOWA RESOLUTION 16-076 APPROVING PUBLIC STORM SEWER EASEMENT RELATED TO THE WESTOWN PARKWAY/R-22 INTERSECTION IMPROVEMENT PROJECT [DEAN R.GRKWKLL HI AND PALMA C.GREWELL] 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 Public Storm Sewer Easement is necessary for the purpose of construction of the Westown Parkway/R-22 Intersection Improvement Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Dean R. Grewell III and Palms C.Grewell,and legally described as referenced in Exhibit A,Easement Area,of the Public Storm Sewer Easement which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 7'"day of March,2016,that it hereby approves the Public Storm Sewer Easement related to the Westown Parkway/R-22 Intersection Improvement Project,with payment made by the City to property owner(s)Dean R.Grewell III and Palms C.Grewell in the amount of $1,428.00. Rick Peters,Mayor Pro Tem Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane B1anchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X NAY ABSENT ABSTAIN X X llIIllIllIllIIiIlllIlIIllllIIlllIlIIlllIlIlIllIlIllIlIllIlIllIlIllIlIlIlIlllI IIIII lllllllllllll Book 2016 Page 5604 Document 8884 Tume EASE Pecos 8 Dots 4/18/2818 Time 8:88 Att Rec Amt 882.88 Chmd Airhmrt.Recorder Detlse Counttt Iolte llllfllllllllllllflflfl ffflffif fili hTB PCRF RKRF DDD DKC PUBLIC STORM SEWER EASEMENT Recorder's Cover Sheet Preparer Information:(name,address and phone number) Brad Dccts,Development Services Director City of 'vVaukee 230 W Hickman Road Waukee,iowa 50263 (515)976-7699 Return Document To:(name and complete address) City of 'vUaukee,lowe Rebecca Schuett,City Clerk 230 W.Hickman Road Waukec,lowe 50263 Grantor:Dean R Grewell Ill and Palms C Grewell Grantee:City of Waukce,Iowa Book 2816 Page 66841of6 STORiVI SL&e EVER EASEMENT(S) KNOVV TO ALL PERSONS BY THESE PRESENTS that the undersigned, Dean R Grcwell III and Palma C Grewell,(hereinafter referred to as the "Grantor"),in consideration of the sum of Onc Thousand Four Hundred Twenty Eight Dollars ($1426.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,docs hereby sell,grant,and convey to the CITY OF VVAUKEE,IOVVA,a municipal corporation (hereinafter referred to as "the City'),a permaflent and perpetual easement (hereinafter refened to as "Easement'or "Easement(s)")and right-of-way upon,over,under,through and across the real property legally describe as: SEE EXHIBIT "A"ATTACHED HERETO (hereinafter referred to as the "Easement Area")for the purpose of locating storm sev"er(s)(hereinafter referred to as "sewer(s)")and to permit and allow the City to enter at any time upon,over,under,through,and across into the Easement Area herein described to usc as much of the surface and sub-surface thereof to construct,replace,locate,rebuild, enlarge,reconstruct,patrol,repair (including the right to place and build additional sewer(s)therein or to connect and/or join sewer(s)and appurtenances thereto)and to forever maintain sewer(s'I whenever necessary within the Easement Area. This Easement shall be subject to the following terms and conditions: I.Erection of Structures Prohibited.Grantor and its successors and assigns shall not erect any sttucture,building,or fence over or v,ithin the Easement Area without obtaining prior written consent of the City. 2.Maintenance.After the initial construction of the sewer(s),and acceptance by the City,the City agrccs,as pari of the reconstruction,maintenance and patrolling of the Main(s),to restore and replace the Easement Area to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor,except the City shall not be required to replace landscaping,trees,shrubs,bushes,landscape elements, structures,or underground water systems nor shall the City be required to restore the Easement Area by reason ol'settlement,depression,or any unknown conditions which arise subsequent to the restoration and/or replacing of the Easement Area.Any subsequent restoration by reason of settlement,depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor's sole expense. Book 28'IB Page 5684 2of6 3.Chanue in Grade Prohibited.Grantor and its successors and assigns shall not chantyc thc grade elevation or contour of ally pdlrt of the Easement Area without obtaining the prior written consent of the City. A.~IUht fh:Ti Cityhtth''th iht f t thh-tA.A have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described,includinty,but not limited to,the riiyht to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5.Hold Hartnless.Grantor,subsequent property owners,their successors and assigns agree to indemnify and hold harmless the City,its elected officials,employees, officers,agents,representatives,contractors,and attorneys &om and against any and all claims or demands for liability,loss,damage,costs,expenses,or attorney's fees of dilly kind for actions or omissions of the Grantor arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6.Easement Runs With Land.This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's heirs,successors and assigns. 7.Jurisdiction and Venue.The City and the Grantor agree the District Court in and for the State of lovta shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easemrait and said parties rxmsent to the jurisdiction of the person being in Dallas County,Iowa. IJ.Attornev*s Fees.The City may enforce this Easemcnt by appropriate action,and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incurred in such litigation. Cyrantor does HEREBY COVENANT with the City that (i)Grantor holds said real estate described in this Easement Arcii by title in fee simple;(ii)that Grantor has good and hiwful authority to convey the same;and (iii)said Grantor covenants to WARRANT AND DEFEND the srdd Easement Area against the claims of all persons v homsoever. Words and phrases herein,including acknowledgment hereof,shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. Signed this ~day of ~i'W,2016 D n v ell I I Palma C Grev'ell Book 2816 Page 5684 Bof6 STATE OF IOWA ) )SS COUNTY OF ) On this ~Way of ,2016,before mc,the undersigned,a Notary Public in and for the State of Iowa,personally appeared DEAN R GREWELL III, to me known to be the identical persons nmned in and who executed the foregoing instrumenh and acknowledged that these persons executed the instrumrntt as the voluntary acts of the persons. BETH RIGHARDSOH Oommfaelon Number 701731 Iree Notary Public in and for the State of Iowa urrr STATE OF IOWA ) )SS COUNTY OF ) On this ~@day of ,20 I 6,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared PALMA C GREWELL, to me known to be the rdentical persons named in and who executed the foregoing instrument,and acknowledged that these persons executed thc instrument as the voluntary acts of the persons. BETH RIG~BBGH oe Notary Public in and for the State of Iowa Book 2816 Page 6684 4of6 ACCEPTANCE BY CITY OF WAVKEE,IOWA CITY OF WAVKEE,IOWA, an Iowa municipal corporation By Willi F.Pea d, Mayor of the City of Waukee,Iowa By: Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of It-48FL4.,2016,before me,the undersigned,a Notary Public in and for said County and the State of lowe,personally appeared William F.Pcard and Rebecca D.Schuett,to me personally known,who being by mc 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 instruntent and acknowledged that they executed the same as their voluntary act and deed of the City of Waukec,by it and by them voluntarily executed. KATHRYN E.PURVIS xe+9 Commission Number 794513 My Commission Expires February 10,2019 By; Printed Name: Notary Public in and for the State of Iowa Book 2BIB pe~a BoI6 m O m m -I E 0 c Zmm Z D 0 CI 7~i I 7q O» 2Z»' "::»- '"'4 8 a R 8 o 0 m Q 4» 2 0 ~ 4 D N0 m4 M m I I I I I I I I om 3 m2 m 3 IA m Pl m BD ETC m ITIX I Tg I LICj"", '.Co'I 'C Z I M/ SOD.'GD i 00z m 0 Z Gl 2 0 2'.40 m Gl22 0D n mN 0 m02 mNM Z Z m mm24Z O 0 2 N00C 0 0 0 0 N N 2 2nn 0 0 mzmm4Z0 M0 m 4-I 0 0 'Z m0 2 -I02mzm-I 4 Z20 m Z p0 43 Z 2PCD—62Gl D Z20nzm42 n 0 0 P4 4 0&0pZ Q '2 0 00 Z MD0CI 1I M QO 2Zn8 Q 0 0 4 D20 0 I fll 2 m mz nnm z n02 0 Gl 2 0 2 2m n0 0 3 m'Z02 M 00 ». mPl0 M 0 0 40pcC2228& 0 Pl &6 &822Z-I 0Opm0m4z2&mZnp4-0642CC lip"4CDOZQ mMm03lo.2jO5 N Z 'Z0 g 43 0 2 02 m004O mr4nz 260Z0 4ZZ 20 m 02 02 Z& 0 m Gl 0 0 M 324002-I 0 m n m P 4 2» Z 3 m 0 m m 0 PARCEL 4 PERMANENT EASEMENT OEAN R AI ANO PALMA C GREWELL WAUKEE IOWA SHIVEHA~ERV Book 28I6 Page 5684 6of6