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Home My WebLink About2016-09-06-J01O Grewell_Temp Construction EasementNO Waukee ' W r 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 Temporary Construction 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 Temporary Construction Easement for the construction of Westown Parkway is in the City's name but was acquired by Hubbell Development as a requirement of the Development agreement. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. /.140fKy01E101►MKI PREPARED BY: I. Easement Beth Richardson J 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 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 Temporary Construction 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 Temporary Construction 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 Temporary Construction 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 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: 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 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 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: 1. Westown Parkway Paving 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. -2- 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 day of �qv Palma C Grewell 2016. CITY OF WAUKEE William F. Peard, Mayor Attest: Rebecca D. Schuett, City Clerk 3- STATE OF IOWA ) COUNTY OF I hs � SS On this L day of U S ' , 2016, before me, the undersigned, a Notary Public in and for the State o owa, 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. App\ l CF, BETH RICHARDSON •� Commission Number 701731 -- My Commission Expires STATE OF IOWA COUNTY OF�� )SS Notary Public in and for the State of Iowa My Commission expires4�&-5—pg On this /5 day of U , 2016, before me, the undersigned, a Notary Public in and for the State o 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. L BETFI RICNpppSON o °: Commission Number 701731 Commtssion Expires ap, Notary Public in and for the State of Iowa My Commission expires M STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this day of 20 , 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 -5- EXHIBIT A LEGAL DESCRIPTION EASEMENT EXHIBIT TEMPORARY CONSTRUCTION EASEMENT 12th PLACE P.D.B. (SE WEsrowN NW COP COYT LOT 14 NW CDR PARCEL "C" NORTN LINE N8343.17•E NE CORNER PARCEL "C'� 8558' GOVT LOT 14 N8233'32"E 134.01, CENTERLINE ROAD PG 207) — PER SURVEY (OK 2002, —_— _y— _ N84'49'27"E 915.69� — = �- ( S84-4927"W 516.59' 383-43.17"W 9B-;F49'2YW 386.5' S0570'3J"E 83.58, 50.00' N0570'3J"W ///r TEMPORARY CONSTRUCTION 5'S235"E 30.00' S64'49'27'W EASEMENT 3Z78' 150.00, PARCEL "C" (BK 2002, PG 207) OWNER OF RECORD Dean & Palma Grewell 31368 312th Place Waukee, IA 50263 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 Sth P.M., now Included In Dallas County, Iowa, being more particularly described as follows: Beginning at the Northwest comer of sold Parcel C. thence N82'3332E, 134.03 feet along the North line of said Parcel C; thence N84'4927E, 915.69 feet; thence NSY4,317E, 85.58 feet to the East line of said Parcel C; thence S00'OOVOE, 20.12 feet along the East line of said Parcel C; thence S834317'W, 83.58 feet; thence S84'4927W, 516.59 feet; thence S05'10'33E, 50.00 feet; thence S84'4927V. 150.00 feet; thence N059033W, 30.00 feet; thence S844927W. 396.58 feet to the West line of said Parcel C^, thence N155235E. 37.18 feet along the West line of said Parcel C'to the point of beginning. Containing 37,727 square feet, more or less. 2/18/2016 ERG #15-013