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Home My WebLink About2016-09-06-J01M Grewell_PUE►,►� Waukee �■� THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 6, 2016 AGENDA ITEM: Consideration of approval of a resolution approving and accepting Public Utility Easement related to the Westown Parkway/R-22 Intersection Improvement Project (Dean R Grewell III and Palma C. GrewelI) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The Public Utility Easement was acquired from the Grewell's as a requirement of the Hubbell Development Agreement. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $5650.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: 1. Easement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING PUBLIC UTILITY 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 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 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. William F. Peard, Mayor Attest: Rebecca D. Sehnert, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson PUBLIC UTILITY 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 PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. 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, Six Hundred Fifty Dollars ($5,650.00) 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 non-exclusive Public Utility Easement (hereinafter referred to as "Easement(s)") and right-of-way upon, over, under, through and across the real property legally described as: See Exhibit A, attached hereto and made a part hereof. 2. Use and Purpose 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 services, 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 use 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. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the 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 the 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 arise 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. -2- 4. Right of Access. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the 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. The Grantor agrees 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 connection with any undertaking arising out of or otherwise related to this Easement. 6. Running 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 benefits and burdens, run with the land are binding upon and inure to the heirs assigns, successors, tenants and personal representatives of the parties hereto. 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 term "Grantor" shall refer to Dean R Grewell III and Palma C Grewell, their heirs, assigns, successors -in -interest, or lessees, if any. 3- 10. Attorney's Fees. The City may enforce this instrument 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. 11. Inte arg tion. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12. Paragraph Headings. 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 Agreement. 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 lawful 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 rights 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 day of '`' - I& Dean R Grewell III Palma C Grewell 2016. CITY OF WAUKEE William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ME STATE OF IOWA ) ) SS COUNTY OF 0,5 ) On this � day of A U`)W4- , 2016, before me, the undersigned, a Notary Public in and for the State ofYowa, 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. I(� Y,%OMPJCHARDSON Qont Notary Public in and for the EWres STATE OF IOWA ) COUNTY OFb3,1lccS ))SS State of Iowa My Commission expires On this /S day of U , 2016, before me, the undersigned, a Notary Public in and for the State oT 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. t� s BETH RICHARDSON Commission Number 701731 My Commission Expires ow Notary Public in and for the State of Iowa My Commission expire ^ L5 -5- 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 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 EXHIBIT A LEGAL DESCRIPTION EASEMENT EXHIBIT 312th PLACE 411.. (SE WESTOWN PARKWAY) OWNER OF RECORD Dean & Palma GYewell 31368 312th Place Waukee, IA 50263 PUBLIC UTILITY EASEMENT NE CORNER GOYT LOT 14 NORTH LINE "T EXI5TiNG PARCEL 'C' RIGHT TWAY S82'JJ'J2"W N85UI'03'E 175.00' 591.50, '2SGc y7'W 915.69' S8343'17'WJ 5001 85.58' 1: PUBLIC UTILITY EASEMENT PARCEL "C" (BK 2002, PG 207) Nee That part of Parcel "C' of the Plat of Survey filed January 7, 2002, In Book 2002. Page 207 In the Office of the Recorder for Dallas County, Iowa, 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 Dallas County, Iowa, being more particularly described as follows: Commencing at the Northeast comer of said Government Lot 14; thence S8233'32W, 175.00 feet to the Northeast comer of said Parcel 'C": thence SOO'00'00'E, 25.59 feet along the East line of sold Parcel 'C' to the Point of Beginning; thence continuing S00'00'00'E, 12.66 feet along the East line of said Parcel 'C'; thence S83'43'17'W, 85.58 feet; thence S84'49'27"W, 915.69 feet to the North line of said Parcel "C"; thence N8233'3YE, 411.22 feet along the North line of said Parcel 'C'; thence N85'01'O3'E, 591.50 feet to the point of beginning. Containing 12,283 square feet, more or less. 2/23/2016 ERG #15-013 7-