HomeMy WebLinkAbout2016-03-07-Resolutions 16-075_Westown Pkwy-R-22 Intersection - Temp Construction Easement - GrewellTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-075
APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO
THE WESTOWN PARKWAY/R-22 INTERSECTION IMPROVEMENT PROJECT
[DEAN R.GREWELL HI AND PALMA C.GREWELL]
IN THE NAMEAND BY THEAUTHORITYOF 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 Westown Parkway/R-22 Intersection Improvement Project;
AND,
WHEREAS,said easement shall be located on a portion of the property owned by Dean R.
Cnewell III and Palms C.Grewell,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
7'"day of March,2016,that it hereby approves the Temporary Consnuction 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 Palma C.Grewell in the amount of $5,500.00.
Rick Pete n,Mayor Pro Tem
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
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NAY ABSENT ABSTAIN
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TEivlPORARY CONSTRVCTION EASEIV1ENT
Recorder's Cover Sheet
Preparer Information:(name,address and phone number)
Brad Dcets,Development Services Director
City of Waukee
230 W Hickman Road
Waukec,Iowa 50263
(515)978-7899
Return Document To:(name and complete address)
City of Waukee,Iowa
Rebecca Schuctt,City Clerk
230 W Hickman Road
Waukee,Iowa 50263
Grantor:
Grantee:
Dean R Grewefl 111 and Palma C Grewell
City of Waukee,Iowa
'oI 2816 Page 5685
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TEtVIPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
l.Grant of Easement s .
The undersigned,Dean R Grewell III and Palms C Grewell,(hereinafter referred
to as the "Grantor"),in consideration of the sum of Five Thousand Five Hundred
($5500.00)and other good and valuable consideration,thc receipt and sufficiency ot
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 casement under,through and across the following described real
estate;
SEE EXHIBIT "A"ATTACHED HERETO
(hcreinafter refened to as the "Easement Area")
That the above-described eascmcnt is granted unto the City of Waukee,Iowa,for
the purpose of construction and installation of the following public improvements:
l.Westown Parkway/R-22 Intersection Improvement Project
This temporary construction easement shall terminate and be of no force and
effect onc ('I )year after the date of final completion and acceptance of said completed
improvements by thc 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 fi om any and all damages,
injuries,or losses arising out of Grantec's use of the easement or the work done in
connection therewith.
Book 2816 Page 56852of6
The Grantor does HEREBY COVENANT with thc 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 sel!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 ntay be herein stated.
Signed this Z day of ~~,2016,
GRANTORr
CITY OF WYAUKEE
Dea KGrewell lll tlliam .Peard,ayor
Attest:
Palms C Grevvell
Rebecca D.Schuett,City Clerk
Book 2816 Page 5685
3 ot 6
STATE OF [OWA )
)SS
COUNTY OF ()
~not
On this cg day of ,2016,betore mc,thc 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 named in and who executed the foregoing
instrument,and acknowledged that these persons executed the instrument as the voluntary
acts of the persons.
BETH RICHARDSON
9 Commission Number 701731
n Expires
ee
Notary Public in and for the
State of Iowa
My Commission expires Qgg
STATE OF IOWA )
)SS
COUNTY OF )
n?t J
On this ~day ol',2016,before mc,thc undersigned,a
Notary Public in and for the State of Iowa,personally appeared PALMA C GREWELL,
to mc known to be the identical persons named in and who executed the foregoing
instruntent,and acknowledged that these persons executed the instrument as thc voluntary
acts of the persons.
BET?I RICHARDSON
e Commission Number 701731
trttr Co n iree
otary Public in and for the
State of Iowa
My Commission expires ~g/~f
Book 2816 Page 56854of6
STATE OF lOWA )
)SS
COUNTY OF DALLAS )
On this ~day of ,20~.before me,the undersigited,
a Notary Public in and for said County and the State of losva,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 ol'the City of Waukee,iowa,a
municipal corporation,executing the within and foregoing instruinent 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.
KATHRYN E.PURVIS
Commission Number 79451 3
sty commission Expires
February 10,2019
Notary Publir.in and for the State of iowa
Book 2816 Page 5665
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PARCEL ~TEMPORARY EASEMENT
GEAR R R!ANG PALMA C GREIRELL
WAUKEE IOWA SHIVI:-I-INERT
Ia Ilm Iu
Book 2816 Page 56856of6