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Home My WebLink About2016-09-06-J01N Grewell_Storm Sewer, Surface Water Flowage Easement►T,6 1.1 Wau kee ' P THE KEY TO GOOD Ll VING 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 Public Storm Sewer and Surface Water Flowage Easement related to the Westown Parkway/R-22 Intersection Improvement Project (Dean R Grewell III and Palma C. Grewell) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The Public Storm Sewer and Surface Water Easement are a permanent storm sewer easement and surface water easement for Hubbell's portion of the construction of Westown Parkway but permanent easements for the City in the future. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. 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 STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT RELATED TO THE WESTOWN PARKWAY IMPROVEMENT PROJECT (DEAN R. GREWELL III AND PALMA C. GREWELL) IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE, 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 BE IT RESOLVED by the City of Waukee City Council in session this 61h 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. William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson PUBLIC STORM SEWER AND SURFACE WATER FLOWAGE 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 STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned, Dean R Grewell III and Palma C Grewell (hereinafter referred 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 municipal corporation (hereinafter referred to as "the City"), a permanent and perpetual easement (hereinafter referred 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 (hereinafter referred to as the "Easement Area") for the purpose of locating and maintaining storm sewer(s) (hereinafter referred to as "sewer(s)") and a surface water flowage area and to permit and allow the City to enter at any time upon, over, under, through, and across into the Easement Area 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 additional sewer(s) therein or to connect and/or join sewer(s) and appurtenances thereto) and to forever maintain said Easement whenever necessary within the Easement Area. This Easement shall be subject to the following terms and conditions: 1. Erection of Structures Prohibited. Grantor and its successors and assigns shall not erect any structure, building, or fence over or within the Easement Area without obtaining prior written consent of the City. 2. Maintenance. After the initial construction of the sewer(s), and acceptance by the City, the City agrees, as part of the reconstruction, maintenance and patrolling of the Main(s), to restore and replace the Easement 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 of the Grantor at the Grantor's sole expense. 3. Change in Grade Prohibited. Grantor and its successors and assigns shall not change the grade elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 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. 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 connection with any undertaking arising out of or otherwise related to this Easement. 6. Easement 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 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. Attorney'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 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. 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. Sign is day of , 2016. Dean R Grewell III Palma C Grewell STATE OF IOWA ) SS COUNTY OF ) On this /5 day of (( L(S , 2016, before me, the undersigned, a Notary Public in and for the State oWwa, 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. �-B a, � s BETH RICHARDSON z`" Commission Number 709731 Notary Public in and for the My Commission E quires State of Iowa OV{> My Commission expires STATE OF IOWA ) ) SS COUNTY OFJAI JQS ) On this 15 day of u , 2016, before me, the undersigned, a Notary Public in and for the State bfIowa, 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. B RICHARDSON Notary Public in and for the ^0* @"� Commission Number 709739 State of Iowa MY Commission Expires �w' My Commission expires ACCEPTANCE BY CITY OF WAUKEE, IOWA CITY OF WAUKEE, IOWA, an Iowa municipal corporation By: William F. Peard, Mayor of the City of Waukee, Iowa Rebecca D. Schuett, City Clerk 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. By: Printed Name: Notary Public in and for the State of Iowa EXHIBIT A LEGAL DESCRIPTION EASEMENT EXHIBIT STORM SEWER & SURFACE WATER FLOWAGE NORTH LINE 312th PLACE ��PARC:L (SE WE STOWN PARKWAY) GovTV�D WR —Nw CON GOV'i LOT 14 T 4 NIK ERLINE CORPARCEL = -- -- _—CE;RiSURVF ROAD — P_20�- "— BK 2QOy P.O.B. 41 PER SURVE�. - _ � _ _ 3.:' EXISTINQ, N8233'32""797.91 ' RIG�Ir-OF-wa �� P.0.8. #2 20' STORM SERER & SURFACE WATER FLOWAGE EASEMENT PARCEL "C" (BK 2002, PG 207) OWNER OF RECORD Dean & Palma Crowell 31358 312th Place Waukee, IA 50263 Two 20.00 feet wide strips of land across Parent 'C" of the Plat of Survey Bled January 7, 20OZ 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, Said 20.00 feet wide strips lying 10.00 feet each side of the following described centerline segments: S�e1 Commencing at the Northwest comer of said Parcel 'C'; thence N82'33'32'E, 143.10 feet along the North line of sold Parcel 'C' to the Point of Beginning; thence S05,10`33% 200.40' to the point of teminus. Commencing at the Northwest camar of said Parcel 'C'; thence N8233'3VE, 541.01 feet along the North line of said Parcel V to the Point of Beginning; thence S05'10'33'E, 150.40' to the point of terminus. All containing 7,016 square feet, more or less. 1/28/2016 ERG #15-013