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Home My WebLink About2016-09-06-Resolutions 16-382_Westown Pkwy Improvements - Temp Construction Easement - GrewellTHE CITY OF WAUKEE,IOWA RESOLUTION 16-382 APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO THE WESTOWN PARKWAY IMPROVEMENT PROJECT (DEAN R.GREWELL III AND PALMA C.GREWELL) IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,108'A 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 Improvement Project;AND, WHEREAS,said easement shall be located on a portion of the property owned by Dean R. Grewell 111 and Palma C.Grewell,and legally described as referenced in Exhibit A,Easement Area,of the Temporary Construction Easement which is attached hereto. NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in session this 6'"day of September,2016,that it hereby approves the Temporary Construction Easement related to the Westown Parkway Improvement Project,with payment made by the City to property owner(s)Dean R.Grewell III and Palma C.Grewell in the amount of $1.00. Attest: 'am F.Peard,ayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III Doc ID:006914640006 Type:EASE Recorded:09/13/2016 at 06:30:52 AI1 Fee Amt:$32.00 Page 1 of 6 Dallas CountY Iowa Chad C.Airhart RECORDER Filed -2016 -17064 TKMPORARY CONSTRUCTION KASKIVlKNT Recorder's Cover Sheet Preparer fnformation:(name,address and phone number) Brad Deets,Development Services Director City of Waukee 230 W Hickman Road Waukee,iowa 50263 (515)978-7899 Return Document To:(name and complete address) (r „-''City of Waukee,iowa Rebecca Schuett,City Clerk 230 W Hickman Road Waukce,Iowa 50263 Grantor:Dean R Grewell If(and Palma C Grewcll Grantee:City of Waukee,lov:a TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: l.Grant of Easement.s The undersigned,Dean R Grewell Ill and Palma C Grewell,(hereinafter refm'ted 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 nnmicipal corporation (hereinafter referred to as "the Grantee"),a temporary construction easement under,through and across the following described real estrtte: SEE EXHIBIT "A"ATTACHED HERETO (hereinafter referred io as ihe "Easement Area") That the above-described easetnent is granted unto ihe City of Waukee,iowa,for the purpose of construction and installation of the following public improvements: l.Westown Parkway Paving Project This temporary construction easement shall terminate and be of no fot'ce tutd effect one (1)year 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. 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 ibis easement,and Grantor expresses agreetnent that no other liability shall attach or be charged or claimed against the Grantee as a resuh 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 frotn any and all tlamages, injuries,or losses arising out of Grantee's use of the easement or the work done in connection therewith. The Grantor does HEREBY COVENANT with the said Grantee,and successor- in-interest,that said Grantor holds said rea!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. Signed this ~JRhy of k/,2016. GRANTO Dca t R Gre well III illiam .Peard,ivaayor Palms C Grewell Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF ~I ~l ) On this L5 day of 4 US,2016,before me,the undersigned,a Notary Public in and for the State CHowa,personally appeared DEAN R GREWELL 111, 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..I.(jg4t.f~4:ti'iA . SETHRPOHARDSON es Commission Number 701731 Viy Commission Expires Notary Public in and for the State of Iowa My Commission expires B~/5r r V STATE OF IOWA ) )SS COUNTY OF ) On this I5 day of ff ~,2016,before me,the undersigned,a Notary Public in and for the State o Iowa,personally appeared PALMA C GREWELL, to me known to be the identical persons named in and who executed the foregoing instrument,and acknowledged that thcsc persons executed the,instrument as the voluntary acts of the persons. i BHH RlGHARDSON teston Nurntrer 701731 M Co issio Expi7 Iou' Notary Public in and for the State of Iowa My Commission expires ~l~~yr STATE OF IOWA )SS COUNTY QF DALLAS On this 7 day of ,20~,before me,thc undersigned, a Notary Public in and for said County and the State of Iowa,personally appeared William F,Peard and Rebecca D.Schueu,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 acknowleclged that they executed the same as their voluntary act and deed of the City of Waukee,by it and by them voluntarily executed. KATHBYN E.PURVIS Commission Number 794513'A. ': My Commission Expires February 10,3019 Notar Public tft and for the State of Iowa EXHIBIT A LEGAL DESCRIPTION EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT 3I2III PLACE (,E IDE»CWtJP.O.B. -NW COR GOV'1 'OT 14 NW COR PARCEL '0'NORTH LINE PARCEL "0"N63'4317LE NE COflNER- GOV LOT 14 W —N82'33'32'E 134 OJ CENTERLIH PG 207) PER SURlET ('—--—-—~260000'00"E2002,P 20.I2' J ~,,SBJ'43 17 W 584'4g 27 ly 396.58 50570'JJ'E 50,00'8358' TEMPORART CONSTRUCROA NI552'35"E JODO 584'49'27 W EASEMENT 37.18'150.00 PARCEL C (BK 2002,PG 207) 9. I"=200 Dean Jr Palms Grewsg 31368 312th Place Waukee,IA 50263 Thai port of Parcel 'C"of ths Plat of Survey fged Jonuary 7,2002,In Book 2002,Page 207 in the Office of the Recorder for Dallas County,lowe,being o part of Government Lots 13 and 14 In Section 5,Tawnshlp 78 North,Range 28 West af ths 5th P.M..now Included in Degas County,lowe,being mare portlcularly described os follows: Beginning at ths Harthwest camer of said Parcel 'Ct thence N82'33'32'E,134.03 feet aior g the North Rne of said Parcel '0;thence N84'49272,915.69 feet;thence N834377E,85.58 feet to ths Eost line of said Parcel 'C;thence 500'00002,20.12 feet along the East line of said Parcel C;thence SBW43'17'W,83.58 feet;thence S84'4927'W,516.59 feet;thence S05'10'3SE,50.00 feet;thence S84'4927'W,150.0D fest;thence N05'1033'Vl,30.00 feet, thence S84 4927'W,396.56 feet to the West line of said Parcel '0;thence NIS'52352.37.18 fest along the West line of sold Parcel '0'to the point of beginning. Containing 37,727 square feet,more ar lese 2/I 6/201 6 ERG II15—013