HomeMy WebLinkAbout2016-03-07-J01O Westown-R22 Temp Construction Easement - Grewelli
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i THE KEY TO GOOD LIVING
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 7, 2016
AGENDA ITEM: Consideration of approval of a resolution approving and accepting Temporary
Construction Easement in the amount of $5,500.00 related to the Westown
Parkway/R-22 Intersection Improvement Project {Dean R Grewell III and
Palma C. Grewell}
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: To complete the construction of Westown Parkway a
temporary construction easement is required from the Grewells. The
easement cost is $2000 and compensation for the tree removal as part of the
Project is $3500.
FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $5,500,00
COMMISSIONBOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS:
PREPARED BY:
Easement
Beth Richardson
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING TEMPORARY CONSTRUCTION EASEMENT RELATED TO
THE WESTOWN PARKWAY/R-22 INTERSECTION IMPROVEMENT PROJECT
[DEAN R. GREWELL III AND PALMA C. GREWELL]
IN THE NAME AND BY THE AUTHORITY OF 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.
Grewell III 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 BE IT RESOLVED by the City of Waukee City Council in session this
7th day of March, 2016, that it hereby approves the Temporary Construction 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.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
TEMPORARY CONSTRUCTION EASEMENT
Recorder's Cover Sheet
Preparer Information: (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)
City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 W Hickman Road
Waukee, Iowa 50263
Grantor: Dean R Grewell III and Palma C Grewell
Grantee: City of Waukee, Iowa
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
Grant of Easement(s).
The undersigned, Dean R Grewell III and Palma 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, 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 Grantee"), a
temporary construction easement under, through and across the following described real
estate:
SEE EXHIBIT "A" ATTACHED HERETO
(hereinafter referred to as the "Easement Area")
That the above -described easement is granted unto the City of Waukee, Iowa, for
the purpose of construction and installation of the following public improvements:
Westown Parkway/R-22 Intersection Improvement Project
This temporary construction easement shall terminate and be of no force and
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 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 from any and all damages,
injuries, or losses arising out of Grantee's use of the easement or the work done in
connection therewith.
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The Grantor does HEREBY COVENANT with the 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 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 2 day of 2016.
GRANTOR
- AZI
Dea GrewellIII
Palma C Grewell
CITY OF WAUKEE
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
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STATE OF IOWA )
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COUNTY OF L�J )
On this pr ndday of nAa) f Cb.., , 2016, before me, 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 named in and who executed the foregoing
instrument, and acknowledged that these persons executed the instrument as the voluntary
acts of the ppefrssons.. w
a*OW
s 1rofoICHAI RD.SOM l
Commission Number 701731 Notary Public in and for the
M i n E�ires State of Iowa
My Commission expires g
STATE OF IOWA
) SS
COUNTY OF tZ )
On this al day of / V lQ —roj& 2016, 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 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.
otary Public in and for the
*GW
BfiTHRICHARDSONState of Iowa
Commission Number 701731My Co PinsI My Commission expires aWg
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this day of 120 , 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 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 acknowledged
that they executed the same as their voluntary act and deed of the City of Waukee, by it
and by them voluntarily executed.
Notary Public in and for the State of Iowa
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