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Home My WebLink About2016-09-06-Resolutions 16-381_Westown Pkwy Improvements - Storm Sewer-Surface Water Flowage Easement - GrewellTHE CITY OF WAUKEE,IOWA RESOLUTION 16-381 APPROVING PUBLIC STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT RELATED TO THK WESTOWN PARKWAY IMPROVEMENT PROJECT (DEAN R.GREWELL III 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 Public Storm Sewer and Surface Water Flowage 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 Storm Sewer and Surface Water Flowage 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 Public Storm Sewer and Surface Water Flowage 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. lia .Peard,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 lilillllilllilllllilillllllliillilillllllliillillllllillillllilllllllilllililil Doc ID:006914630006 Type:EASE Recorded:09/13/2016 at 06.30:31 At1 Fee Amt:$32.00 Page 1 of 6 Dallas County Iowa Chad C.Airhart RECORDER F i 1eff -201.6 -17063 PU)3LIC STORM SEWER AND SURFACE %VATER FLOWAGE EASEi&'IENT Recorder's Cover Sheet Preparer Information:(name,address aud phone number) Brad Deets,Development Services Director City of Waukee 230 W.Hickman Road Waukee,lowe 50263 (515)978-7899 ,Return Document To:(name and complete address) 1/:2 'City of Waukee,Iowa Rebecca Schuett,City Clerk 230 W.Hickman Road Waukee,lowe 50263 Grantor:Dean R Grewell 111 and Palms C Greyvell Grantee".City of Waukee,iowa STORM SEWER AND SURFACE WATER FLOWAGE EASEiYIENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned, Dean R Grewell ill and Palma C Grewell (hereinafter referred to as thc "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 municipal corporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinal'ter refcned to as "Easement"or "Easement(s)")and right-of-way upon,over,under,through and across the real property legally described as: SEE EXHIBIT "A"ATTACHED HERETO (hercinaller refened to as the "Easement Area")for the puipose of locating and maintaining storm sewer(s)(hereinatIer refened to as "sewer(s)")and a surface water tlowage area and to pcnmt 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 apputtcnances thereto)and to 1'orever maintain said Easement whenever nccessaiy within the Easement Area. This Easement shall be subject to the following terms and conditions: l.Erection of Structures Prohibited.Grantor and its successors and assigns shall not erect any structure,building,or I'ence over or within the Easement Arcs without obtaining prior written consent of the City. 2.Maintenance.Atter the initial construction ot the sewer(s),and acceptance by the City,the City agrees,as part of the reconstmction,maintenance and patrolling of the lvlain(s),to restore and replace the Eascmrait 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 of 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 ol'the Grantor at the Grantor's sole expense. 3.Chancre in Grade Prohibited,Grtnttor and its successors and assigns shall not change the grade elevation or contour of any part of the Easrnnent Area without obtaining the prior written consent of the City. 4.6 ht fA..TI City I III th ht I't th 6*tA 6 glt t'lg'.d 'hly yfgth 'd jy 't fth Easement Area as herein described,including,but not limited to,the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5.Hold Harmless.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 from 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 connectjon with ajly undertaking arising out of or otherwise related to this Easement. 6.Eascmcnt 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 Iowa shall have exclusive jurisdiction over the subject matter and cnforcemcnt of the terms and conditions ot'this Easement and said parties consent to the jurisdiction of the person being in Dallas County,Iowa. 8.Attomev's Fees.The City may enforce this Easement 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. 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 lav ful 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. 'vVords 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. gig I l'P4y f~,ydld. Dean R Grewell III Palms C Grewell STATE OF IOWA ) )SS COUNTY OF I ) On this &day of 0 LI5,2016,before mc,the undersigned,a Notary Public in and for the State o wa,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 thc voluntary acts of the persons.~'xC f!e '& e BETH FttCHAFIOBOI4 ,Goree!solon Norntrer 701731 Nly Gomrnlsslon Expires ore Notruy Public in and for the State of Iowa My Commission expires u rr STATE OF IOWA ) )SS COUNTY OF I Q~~) On this /5 day of ,2016,before me,the undersigned,a Notary Public in and for the State Iowa,personally appeared PALMA 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 ot the persons, &Q/Lrr" Notary Public in and for the State of Iowa rrrc r'v l My Commission expires r ACCEPTANCE BY CITY OF WAUKEE,IOWA CITY OF WAUKEE,IOWA, an Iowa nnuricipal corporation /7 By I W ram F.c rd, Mayor of the City of Waukee,Iowa By Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of ,2016,before me,the undiasigrr ned,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 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 instnrment and acknowledged that they executed the same as their voluntaiy act and deed of the City of W;uikee,by it and by them voluntarily executed. KATHRVN E.FURVIS Commission Number 794513 My Commission Expires February 10,7O19 B. Printed amc: Notary Public in and for tse State of iowa EXHIBIT A LEGAL DESCRII'TION EASE MENT EXHI BI T STORM SEWER & SURFACE WATER FLOWAGE .Q.B,EI 0 II l,~i5057 0 33-53 200 40' hf 20 STORM SEWER R SURFACE WA7ER FLDWACE EASEMENT SI2lh Pl ACE (SE WESmWN PARKWAY) I 2D'STORAI SEWER 6 SURFACE WA7ER FLOWAGE EASEMENT P AR,.E ."E ;5&7007,"*2' JE 5&"SriVC-'T l'~l SO570'33 "E 150,40' Dean 6 Palms Crewsg 31368 312th Place Woukee,IA 50263 9. 1 "=200 Two 20.00 feel wide strips of land across Parcel 0 at the Plat af Survey Bled January 7, 2Q02,in Bosk 2002,Page 207 in the ONce af the Reca der for Doges County.laws,being a part af Gavemment L»ts 13 and 14 In Section 5,Township 78 Narth,Range 26 West of the 5th P.M.,now Included in Dallas County,lowe.Said 20.00 feet wide strips lying IQ.DO feet each Wide of the fogowlng described centerBno segmsntw Commencing at the Northwest aornsr of soid Parcel C";thence N82'33'32"E,143.10 feet along the North line of said Parosl 'C to ths Point of Beginning;thsnco S05'IO'33'E, 200.40'ta the paint af terminus. Commencing at the Northwest camsr o(said Parcel '0;thence N82'33'32 E.541.DI feei slang the Narth Ihs af said Parcel "0 to Ws Point of Beginning;thence S05'10'SWE,150.40' to the point of terminus. Ag containing 7,016 square lest,more or less.1/28/2015 ERG /IS-013