HomeMy WebLinkAbout2016-09-06-Resolutions 16-380_Westown Pkwy Improvements - Public Utility Easement - GrewellTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-380
APPROVING PUBLIC UTILITY EASEMENT RELATED TO THE
WESTOWN PARKWAY IMPROVEMENT PROJECT (DEAN R.GRKWELL III
AND PALMA C.GREWELL)
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,ION'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 Public Utility 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 III and Palma C.Grewell,and legally described as referenced in Exhibit A,Easement
Area,of the Public Utility Easement which is attached hereto.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
6'"day of September,2016,that it hereby approves the Public Utility 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 $5,650.00.
i i .ard,Mayor
Attest
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
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Doc ID:006914660007 Type:EASE
Recorded:09/13/2016 at 08.31:14 AM
Fee Amt:$37.00 Page 1 or 7
Dallas County Ious
Chad C.Alrhart RECORDER
Fileii
2016 -17065
PUBLIC UTILITY EyttSEIFIEI&'T
Recorder's Cover Sheet
Preparer Information:(name,address and phone number)
Brad Deets,Development Services Director
City of Waukee
230 W Hicklnan Road
Waukee,Iowa 50263
(515)978-7899
:'Return Document To:(name and complete address)
City of Waukee,lowe
Rebecca Schuett,City Clerk
230 W.Hickman Road
Waukee,lowe 50263
Grantor:Dean.R Grewell 111 and Palma C Grewe0
Grantee:City of Waukee,Iowa
PUBLIC UTILITY EASEMENT(S)
~OYV TO Al.L PERSONS BY THESE PRESENTS:
l.Grant of Easement s .
The undersigned,Dean R Grewell 111 and Palma C Grmvell (hereinafter
referred to as the "Grantor"),in consideration of the sum of Five Thousand,Six Hundred
Fifty Dollars ($5,650.00)and other good and valuable consideration,the receipt and
sufficiency ol'which is hereby acknowledged,does hereby sell,grant,and convey to the
CITY OF WAUKEE,IOWA,a municipal corporation (hereinafter refcned to as "the
City'*),a permanent and perpetual non-exclusive Public Utility Easement (hereinafter
referred to as "Easement(s)")and right-of-way upon,over,under,through and across thc
real property legally described as:
See Exhibit A,attached hereto and made a part hereof.
2.Use and Pu ose of Easement s .
This Easement shall be granted for the purpose of locating Public Utilities defined
as those utilities established,formed,acquired,owned,or operated by the City of
Waukee,including but not limited to,electrical,natural gas,telephone,cable television
utility setvices,and data transmission utility services and to permit and allow the City to
enter at any time upon,over,under,through,and across into said Easement(s)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
said utility therein or to connect and/or join said utility and appurtenances thereto)and to
forever maintain utilities whenever necessary within the Easement(s)granted herein,itic
structure or building of any kind whatsoever shall be erected upon property that is the
subject of this Easement without thc express written consent of the City.
3.Maintenance.
The City agrees,after entry,as part of the construction,reconstruction,
maintenance,replacement,location,rebuilding„enlargement,repair and patrolling of the
utilities,to restore and replace the Easement area(s)to substantially the same condition as
prior to the time of entry or as agreed upon by the City and the Grantor(s),including
sodding or seeding if it is a landscaped area,and thc City shall be required to repave if the
Easement crosses a paved area such as a sidewalk or a driveway,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 of settlement,depression,or any unknown conditions which aris subsequent to
the restoration and/or replacing of the easement area;and 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.
4.~IU lt fA
The City shall have the right of access to the Easement Area and have all rights of
ingress and egt css reasonably necessary for the use and enjoyment of the Easemcnt Area
as herein described,including,but not limited to,the right to remove any unauthorized
obstructions or stnictures placed or erected in the Easement Area
5.Hold Harmless.
The Grantor agrees to indemnify and hold harmless the City,its elected officials,
employees,officers,agents,representatives,contractors,and attontcys fiom and against
any and all claims or demands for liability,loss,damage,costs,expenses,or attorney's
fees of any 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.Runnini~of Benefits and Burdens.
The terms and conditions of this Easement are binding upon the Grantor
including,but not limited to,future owners,developers,lessees or occupants.All
provisions of this instrument including benelits and burdens,run with the land are
binding upon and inure to the heirs assigns,successors,tenants and personal
representatives of the parties hereto,
7.Jurisdiction and Venue.
The City and the Grantor agree the District Court of the State of iowa shall have
exclusive jurisdiction over the subject matter and enforcement of the terms and
conditions of this Easement and said parties consent to the jurisdiction of the person
being in Dallas County,iowa.
8.Words and Phrases.
Words and phrases shall be construed as in the singular or plural number,and as
masculine,feminine or neuter gender,according to context.
9.Parties.
The term "City"as used herein shall refer to the City of Waukee,iowa,its elected
officials,agents,employees,officers,and contractors.The terin "Grantor"shall refer to
Dean R Grewell III and Palma C Grewell,their heirs,assigns,successors-in-interest,or
lessees,if any.
10.Attornev's Fees.
The City may enforce this instrument by appropriate action,and shouhl they
prevail in such litigation they shall recover as part of their costs the reasonable attorney's
fccs incurred in such litigation.
11,~tt
This Agreement shall constitute the entire Agreement between the parties and no
amendments or additions to this Agreement shall be binding unless in rvriting and signed
by both parties.
12.Para a h Headin s.
The paragraph headings in this Agreement are included solely for convenience
and shall not affect or be used in connection with,the interpretation of this Agreemcnt.
Grantor does HEREBY COVENANT with the City that (i)Grantor holds said real estate
described in this Easement Area by title in fee simple;(ii)that Grantor has good and
lasvful authority to convey the same;and (iii)said Grantor covenants to WARRANT
AND DEFEND the said Easement Area against the claims of all persons whomsoever.
Each of the undersigned hereby relinquishes all nghts of dower,homestead and
distributive share,if any,in and to the interests conveyed by this Easement.
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 jW day of,2016.
CITY OF WAVK E
Dean Grewell III t li F.card,Mayor
Attest
Palms C Grervell
Rebecca D.Schueu,Citv Clerk
STATE OF IOWA )
)SS
COUNTY OF ~ltLK )
On this [1 day of ALL ,2016,bel'ore me,thc undersigned,a
Notary Public in and for the State of owa,personally appeared DEAN R GREWELL III,
to me known to be the identical persons named in and who executed the torcgoin&F
instrument,and acknowledged that these persons executed the instrument as the voluntary
acts of the persons.
BETH RICHARDSOI4
p ~Number 701731
My Expires
OW
~II't))rucrFl'~
Notary Public in and for the
State of Iowa
IYIYC I .F.~FP l—F /y
STATE OF IOWA )
)SS
COU»ITY OF ~IX ')
On this J5 day of Abt ~,2016I before me,the undersigned,a
Notary Public in and for the State o Iowa,personally appeared PALIvIA C GREWELL,
to me known to be the identical persons named in and who executed the foregoing
instnunent,and acknowledged that these persons executed the instrument as the voluntary
acts of the persons.
w
I w BETH RICHARDSON
w commission Number 701731
My Commission Expires
OW'
Notary Public in and for the
State of Iowa
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
On this ~&~day of ,2016,before me,the undersigned,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 Mown,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 instmment 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 794513e
My Commission Expires
February 10,7019
Not Public i and for the State of Iowa
EXHIBIT A
LEGAL DESCRIPTION
EASEMENT EXHIBIT
PUBLIC UTILITY EASEMENT
N82'33 Jz E
312th PLACE 4»zz
U 'R 20D2 PC 207)
PER sURYEY IBK
NORTH LINE
PARCEL 'C"
N85'01'03 E
591.50'
NE CORNER
GOVT LOT 14
33'EAISONC
BCN,OF-WAY
582'JJ'JZ "W
I 75.00
58449'27"W 98569'
Pueuc URLITY
EASEMENT
85.58
50000 00"E
25 59'
P.o.e
I
50 1'00'00 E
PARCEL C'
(BK 2002,PG 207)
12 55
9.
1 =200
Dean fc Palma Greweg
31368 312th Place
Waukee,IA 50263
That part of Parcel "C of the Plat of Survey 8lsd January 7,2002,In Booli 2002,Page 207
In the Office of the Recorder for Dallas County,lowe,being a part of Government Lots 13
and 14 in Section 5.Township 78 North.Range 26 West of the 5th P.M„now Included in
Degas County,lowe,being mora pakicularly described as follows:
Commencing at the Northeast comer of said Government Lot 14;thence S82'3732"Vl,175.00
fest to the Northeast corner of sold Parcel '0";thence 500110'00 E,25.59 lest along the
East One of said Parcel 'C'ta ths Point af Beginning;thence continuing SOO'OD'00 E,12.66
fest along the East line of said Parcel C,thence 583'43'17"W,85.58 feet,thence
S84'49'27"W,915.69 feet to the North Bne of said Parcel "C";thence N82'3532"E,411.22
fest olong the Narth line of maid Parcel "C;thence N85'Oi'03 E,591.50 feei to the point of
beginning.
Containing 12,283 square feet,more or less.
2/23/2016
ERG t)15—015