HomeMy WebLinkAbout2020-09-21-I01N Property Acquistion Agreement_Warranty Deed_Easements_Philip Broderick Revocable Trust_NW 2nd StAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 21, 2020
AGENDA ITEM:Consideration of approval of a resolution approving Property Acquisition
Agreement, Warranty Deed and Easements between Philip E. Broderick
Revocable Trust, Charlotte R. Broderick Revocable Trust and the City of
Waukee [NW 2nd Street Improvements Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of these items are necessary to complete the NW
2nd Street Improvements Project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The warranty deed and easements
are being provided to the City at no cost.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Property Acquisition Agreement
II. Warranty Deed
III. Public Utility Easement
IV. Temporary Construction Easement
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1N
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING PROPERTY ACQUISITION AGREEMENT, WARRANTY DEED AND
EASEMENTS BETWEEN PHILIP E. BRODERICK REVOCABLE TRUST, CHARLOTTE R.
BRODERICK REVOCABLE TRUST, AND THE CITY OF WAUKEE
[NW 2ND STREET IMPROVEMENTS PROJECT]
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, the City has been in discussion with specific property owners regarding the conveyance of
certain property interests necessary for construction of the NW 2nd Street Improvement Project; AND
WHEREAS, the discussions have resulted in agreements and easements that the City Staff believes are in
the best interest of the City to approve.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the
Property Acquisition Agreement, Warranty Deed, Permanent Easements and Temporary Construction
Easements related to the NW 2nd Street Improvements between Philip E. Broderick Revocable Trust;
Charlotte R. Broderick Revocable Trust; and the City of Waukee, Iowa, are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to
effectuate the closing on behalf of the City, and that the City Clerk shall cause the originals of the
Agreement, Deeds and Permanent Easement(s) to be recorded upon the properties by submitting the
original to the Dallas County Recorder with the appropriate recording fees.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 21st day of
September, 2020.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
1
Prepared by: Steven P. Brick, Brick Gentry P.C., 6701 Westown Parkway, Ste 100, West Des Moines, IA 50266 (515) 274-1450
Return to: City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 (515) 987-4522
PROPERTY ACQUISITION AGREEMENT
This PROPERTY AQUISITION AGREEMENT, entered into between the City of
Waukee, an Iowa municipal corporation in the State of Iowa (hereinafter referred to as "City");
and Philip E. Broderick Revocable Trust and Charlotte R. Broderick Revocable Trust, (hereinafter
referred to as "Property Owner"); (The City, and Property Owner may also be collectively referred
to as “Parties”).
WHEREAS, the City is a municipal Corporation duly formed and existing pursuant to Iowa
law; and
WHEREAS, the Property Owner is the owner of land consisting of 43.22 acres and more
particularly described as Parcel Nos. 12-28-300-001, 12-28-300-039 and 12-28-300-014 by the
Dallas County, Iowa Assessor’s Office (“Property”) situated such that it would benefit from the
construction of NW 2nd Street and associated improvements including storm water and water main
along the eastern boundary of the Property; (hereinafter referred to as “Project”); and
WHEREAS, the City is willing to complete the Project within 24 months of this agreement
provided the necessary Property interests for the Project are dedicated to the City; and
WHEREAS, Property Owner seeks to avoid special assessments for the costs of the
Project; and
WHEREAS, Property Owner proposes to dedicate the Right of Way necessary for said
Project as follows:
a) Fee title interest as depicted on Exhibit 19-20-F consisting of approximately 2.51 acres
(Parcel 19-20); and
b) Public Utility Easement interest as depicted on Exhibit 19-P consisting of 0.23 Acres
(Parcel 19); and
c) Temporary Construction Easement as depicted on Exhibit 19-20-T consisting of 2.21
Acres (Parcel 19-20 “A”) and .68 Acres (Parcel 19-20 “B”); and
2
WHEREAS, the Parties desire to enter into an agreement setting forth the respective
obligations of the Parties.
In consideration of the mutual promises as more particularly set forth herein, sufficiency of which
is hereby acknowledged, the Parties agree as follows:
1. Property Owner Conveyance of Property interests to City. Contemporaneously with the
execution of this agreement, Property Owner agrees to convey to the City the following
Property Interests free of any and all liens and encumbrances:
a) Fee title interest as depicted on Exhibit 19-20-F consisting of approximately
2.51 acres (Parcel 19-20); and
b) Public Utility Easement interest as depicted on Exhibit 19-P consisting of 0.23
Acres (Parcel 19); and
c) Temporary Construction Easement as depicted on Exhibit 19-20-T consisting
of 2.21 Acres (Parcel 19-20 “A”) and .68 Acres (Parcel 19-20 “B”); and
2. Special Assessments. The City agrees that in the event that Property Owner timely
complies with Paragraph(s) 1 and its subparts, the Property shall not be specially
assessed any of the project costs associated with the initial construction and completion
the Project. This provision shall not apply to, mitigate or otherwise effect any
connection fees for utilities established pursuant to Waukee Municipal Code and Iowa
Law or other costs or expenses in any way related to other right of way improvements,
utility improvements or any other public improvements the City may undertake now or
in the future. This provision of the agreement shall expire and be of no further effect
for a specific project identified herein, after completion of the Project
3. Binding Effect. This Agreement shall inure to the benefit of and be binding upon all
Parties their successors and interests or assigns, if any. It is intended that this
Agreement shall run with the land and that it shall, in any event and without regard to
technical classifications or designations, legal or otherwise, and except only as
otherwise specifically provided in this Agreement, be binding for the benefit and in
favor of, and enforceable by the City against Property Owner, its successors and
assigns, and every successor-in-interest to any of the Property or any part thereof, or
any interest thereof, and any party in possession or occupancy of any of the Property
or any part thereof.
4. Enforcement. Should it become necessary for either party to enforce this agreement,
the defaulting party shall be responsible for any and all attorney’s fees and expenses
incurred by the other party in pursuit of enforcement of this Agreement.
5. Jurisdiction. The Parties agree that this Agreement and amendments hereto, if any,
shall be governed by the laws of the State of Iowa. The Parties consent and agree that
the proper venue and jurisdiction relative to the enforcement of the terms, conditions
and provisions of this Agreement and amendments hereto, if any, is the Iowa District
Court in and for Dallas County, Iowa.
(Signature Pages to Follow)
3
CITY OF WAUKEE, IOWA
By___________________________________, Mayor
By___________________________________, City Clerk
Dated:___________________, 2020
(City Seal)
STATE OF IOWA, DALLAS COUNTY, ss:
On this _____ day of _________________, 2020, before me the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on behalf of
the City by authority of its City Council, as contained in Resolution No. ______ passed by the City
Council on the _____ day of ______________, 2020, and that Courtney Clarke and Rebecca D.
Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and
deed of the City, by it and by them voluntarily executed.
________________________________________
Notary Public in and for the State of Iowa
4
PHILIP E. BRODERICK REVOCABLE TRUST
By: ___________________________________________
Print Name: _________________________________
Title: _______________________________________
Dated:______________________, 2020
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this _______ day of _____________, 2020, before me, a Notary Public in and for said
county, personally appeared ____________, to me personally known, who being by me duly
(sworn or affirmed) did say that he is the Trustee of said Philip E. Broderick Revocable Trust, that
said instrument was signed on behalf of the said Trust; and, that said ____________, as such
Trustee, acknowledged the execution of said instrument to be the voluntary act and deed of said
______________, by it and by him voluntarily executed.
____________________________________
Notary Public in and for the State of Iowa
5
CHARLOTTE R. BRODERICK REVOCABLE TRUST
By: ___________________________________________
Print Name: _________________________________
Title: _______________________________________
Dated:______________________, 2020
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this _______ day of _____________, 2020, before me, a Notary Public in and for said
county, personally appeared ____________, to me personally known, who being by me duly
(sworn or affirmed) did say that he is the Trustee of said Charlotte R. Broderick Revocable Trust,
that said instrument was signed on behalf of the said Trust; and, that said ____________, as such
Trustee, acknowledged the execution of said instrument to be the voluntary act and deed of said
______________, by it and by him voluntarily executed.
____________________________________
Notary Public in and for the State of Iowa
ACQUISITION PLAT
DATE:6/10/2020
SURVEY FOR:
FOTH PROJECT NO.
PROPERTY OWNER:
LEGAL DESCRIPTION:
(M)
(R)
MEASURED DIMENSION
RECORDED DIMENSION
SECTION LINE
RIGHT-OF-WAY LINE
PROPERTY LINE
LEGEND
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
FOUND 5/8" REROD (UNLESS NOTED)
SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED)
EXISTING LOT LINE
I.R.IRON ROD
I.P.IRON PIPE
DRAFT
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
1 OF 1
SHEET
PROPOSED RIGHT-OF-WAY ACQUISITION
JODY A. BUDDE, P.L.S.
22847License Number:
My license renewal date is
Pages or sheets covered by this seal:
DATE
under the laws of the State of Iowa.
supervision and that I am a duly licensed Professional Land Surveyor
related survey work was performed by me or under my direct personal
I hereby certify that this land surveying document was prepared and the
DECEMBER 31, 2020.
19W020-01
FIELD SURVEY COMPLETED: NOVERMBER 2019
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
EXHIBIT 19-20-F
BOOK 801, PAGE 757
BOOK 801, PAGE 759-760
WEST DES MOINES, IA 50266
2925 CASCADE AVENUE, #2204
PHILIP E. BRODERICK REV. TRUST
CHARLOTTE R. BRODERICK REV. TRUST
PARCELS 19-20
NW 2ND STREET, NW VENTURE DRIVE TO NW SUNRISE DRIVE
RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF WAUKEE
REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SAID TRACT CONTAINS 109,267 SQUARE FEET OR 2.51 ACRES MORE OR LESS,
POINT OF BEGINNING.
11' 44" WEST, 547.83 FEET; THENCE SOUTH 16° 33' 46" EAST, 341.26 FEET TO THE
33° 30' 59", ALONG A 950.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 00°
THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF
13" WEST, 19.75 FEET; THENCE SOUTHERLY A DISTANCE OF 555.72 FEET ALONG
19.75 FEET; THENCE SOUTH 73° 02' 47" EAST, 100.00 FEET; THENCE SOUTH 16 ° 57'
THAT BEARS NORTH 00° 11' 44" EAST, 605.50 FEET; THENCE NORTH 16° 57' 13" EAST,
CENTRAL ANGLE OF 33° 30' 59", ALONG A 1050.00 FOOT RADIUS WITH A CHORD
FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A
NORTH 16° 33' 46" WEST, 411.45 FEET; THENCE NORTHERLY A DISTANCE OF 614.22
RADIUS WITH A CHORD THAT BEARS NORTH 18° 45' 15" WEST, 80.30 FEET; THENCE
NORTHEASTERLY WITH A CENTRAL ANGLE OF 04° 22' 59", ALONG A 1050.00 FOOT
DISTANCE OF 80.32 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE
THAT BEARS NORTH 24° 10' 39" WEST, 118.38 FEET; THENCE NORTHWESTERLY A
CENTRAL ANGLE OF 06° 27' 48", ALONG A 1050.00 FOOT RADIUS WITH A CHORD
ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WITH A
55" WEST, 279.82 FEET; THENCE NORTHWESTERLY A DISTANCE OF 118.44 FEET
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00° 18'
WEST, 1146.13 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER TO THE
COMMENCING AT THE CENTER OF SAID SECTION 28, THENCE SOUTH 00° 18' 55"
IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, NOW
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 28,
SEC. 28-79-26
NE1/4 SW 1/4
SEC. 28-79-26
SE1/4 SW 1/4
SEC. 28-79-26
CENTER
FND STONE
POC
SEC. 28-79-26
S1/4 CORNER
FND D.O.T. BRASS CAP
Location:
Requestor:
Proprietor:
Surveyor:
Company:
Surveyor
Return To:
Jody Budde
Foth Infrastructure & Environment, LLC
City of Waukee
Index Legend
Johnston, IA 50131 | (515) 254-1393
8191 Birchwood Court, Suite L
SW1/4, Section 28, Township 79 N, Range 26 W
Charlotte R. Broderick Rev. Trust
Philip E. Broderick Rev. Trust
SEC. 28-79-26
SE1/4 SW1/4
NE CORNER
CURVE TABLE
RADIUSLENGTHCURVE CHD. LENGTH CHD BEARING DELTA TAN
80.32'1050.00'80.30'N18°45'15"W 04°22'59"40.18'
614.22'1050.00'605.50'N00°11'44"E 33°30'59"316.18'
C2
C3
C4 555.72'950.00'547.83'S00°11'44"W 33°30'59"286.07'
LENGTH
279.82'S00°18'55"W
19.75'N16°57'13"E
L1
L2
LINE BEARING
LINE TABLE S 00° 18' 55" W 2636.84'(M) 2636.90' (R)100'
L3C4C3L5L1C1
L2
L4
N 16° 33' 46" W 411.45' POB100.00'S73°02'47"E
19.75'S16°57'13"W
L3
L4
341.26'S16°33'46"EL5 S 00° 18' 55" W 1146.13'FEET
0 200
C2
118.44'1050.00'118.38'N24°10'39"W 06°27'48"59.29'C1
PROPERTY OWNER:
LEGAL DESCRIPTION:PROPOSED NW 2ND STREET(M)
(R)
MEASURED DIMENSION
RECORDED DIMENSION
SECTION LINE
RIGHT-OF-WAY LINE
PROPERTY LINE
LEGEND
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
PERMANENT EASEMENT
DATE:6/10/2020
SURVEY FOR:
FOTH PROJECT NO.
FOUND 5/8" REROD (UNLESS NOTED)
SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED)
EXISTING LOT LINE
I.R.IRON ROD
I.P.IRON PIPE
DRAFT
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
1 OF 1
SHEET
PROPOSED PERMANENT PUBLIC UTILITY EASEMENT
JODY A. BUDDE, P.L.S.
22847License Number:
My license renewal date is
Pages or sheets covered by this seal:
DATE
under the laws of the State of Iowa.
supervision and that I am a duly licensed Professional Land Surveyor
related survey work was performed by me or under my direct personal
I hereby certify that this land surveying document was prepared and the
DECEMBER 31, 2020.
19W020-01
FIELD SURVEY COMPLETED: NOVERMBER 2019
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
EXHIBIT 19-P
BOOK 801, PAGE 759-760
WEST DES MOINES, IA 50265
9225 CASCADE AVENUE, #2204
BRODERICK, CHARLOTTE R. (TRUSTEE)
CHARLOTTE R. BRODERICK REV. TRUST
PARCEL 19
NW 2ND STREET, NW VENTURE DRIVE TO NW SUNRISE DRIVE
PERMANENT PUBLIC UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SAID TRACT CONTAINS 10,132 SQUARE FEET OR 0.23 ACRES MORE OR LESS,
THE POINT OF BEGINNING.
NORTH 16° 57' 13" EAST, 55.61 FEET; THENCE NORTH 76° 13' 17" EAST, 86.92 FEET TO
RADIUS WITH A CHORD THAT BEARS NORTH 00° 11' 44" EAST, 547.83 FEET; THENCE
CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 33° 30' 59", ALONG A 950.00 FOOT
NORTHERLY A DISTANCE OF 555.72 FEET ALONG THE ARC OF A TANGENT CURVE
WEST, 34.44 FEET; THENCE NORTH 16° 33' 46" WEST, 341.26 FEET; THENCE
308.30 FEET TO SAID EAST LINE; THENCE ALONG SAID EAST LINE SOUTH 00° 18' 55"
BEARS SOUTH 00° 11' 44" WEST, 542.07 FEET; THENCE SOUTH 16° 33' 46" EAST,
CENTRAL ANGLE OF 33° 30' 59", ALONG A 940.00 FOOT RADIUS WITH A CHORD THAT
FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A
SOUTH 16° 57' 13" WEST, 49.92 FEET; THENCE SOUTHERLY A DISTANCE OF 549.87
55" WEST, 10.31 FEET; THENCE SOUTH 76° 13' 17" WEST, 78.72 FEET; THENCE
POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00° 18'
WEST, 197.29 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER TO THE
COMMENCING AT THE CENTER OF SAID SECTION 28, THENCE SOUTH 00° 18' 55"
WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PRINCIPAL MERIDIAN, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF
QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST
SEC. 28-79-26
NE1/4 SW 1/4
SEC. 28-79-26
SE1/4 SW 1/4
SEC. 28-79-26
CENTER
FND STONE
POC
SEC. 28-79-26
S1/4 CORNER
FND D.O.T. BRASS CAP
Location:
Requestor:
Proprietor:
Surveyor:
Company:
Surveyor
Return To:
Jody Budde
Foth Infrastructure & Environment, LLC
City of Waukee
Index Legend
Johnston, IA 50131 | (515) 254-1393
8191 Birchwood Court, Suite L
NE1/4, SW1/4, Sec. 28, Township 79 N, Range 26 W
Charlotte R. Broderick Rev. Trust
Charlotte R. Broderick (Trustee)
SEC. 28-79-26
SE1/4 SW1/4
NE CORNER
CURVE TABLE
RADIUSLENGTHCURVE CHD. LENGTH CHD BEARING DELTA TAN
549.87'940.00'542.07'S00°11'44"W 33°30'59"283.05'
555.72'950.00'547.83'N00°11'44"E 33°30'59"286.07'
C1
C2
LENGTH
10.31'S00°18'55"W
78.72'S76°13'17"W
L1
L2
LINE BEARING
LINE TABLE S 00° 18' 55" W 2636.84'(M) 2636.90' (R)10'
C1C2L5L2
POB
49.92'S16°57'13"W
308.30'S16°33'46"E
L3
L4
34.44'S00°18'55"W
L5
L3
L9
L4
L8
L5L7341.26'N16°33'46"W
55.61'N16°57'13"E
L6
L7
86.92'N76°13'17"E
L8
RIGHT-OF-WAY
PROPOSED 100'L1CONSTRUCTION IS COMPLETED
SET WILL BE ESTABLISHED AFTER
NOTE: MONUMENTS SHOWN TO BE
FEET
0 200
RIGHT-OF-WAY LINE
PROPOSED
L9
197.29'S00°18'55"W
PROPERTY OWNER:
(M)
(R)
MEASURED DIMENSION
RECORDED DIMENSION
SECTION LINE
RIGHT-OF-WAY LINE
PROPERTY LINE
LEGEND
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
TEMPORARY EASEMENT
DATE:6/10/2020
SURVEY FOR:
FOTH PROJECT NO.
CURVE TABLE
RADIUSLENGTHCURVE CHD. LENGTH CHD BEARING DELTA TAN
655.17'1120.00'645.87'N00°11'44"E 33°30'59"337.26'
568.58'1050.00'561.66'S01°02'59"E 31°01'34"291.45'
C2
C3
C4
LENGTH
220.59'S00°18'55"W
357.06'N22°44'35"W
L1
L2
LINE BEARING
LINE TABLE
S 00° 18' 55" W 2636.84'(M) 2636.90' (R)15.95'S89°33'04"E
75.88'S20°35'41"E
L3
L6
24.75'S73°21'12"EL7
S 00° 18' 55" W 1425.96'FEET
0 200
FOUND 5/8" REROD (UNLESS NOTED)
SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED)
EXISTING LOT LINE
I.R.IRON ROD
I.P.IRON PIPE
DRAFT
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
1 OF 2
SHEET
TEMPORARY CONSTRUCTION EASEMENT
JODY A. BUDDE, P.L.S.
22847License Number:
My license renewal date is
Pages or sheets covered by this seal:
DATE
under the laws of the State of Iowa.
supervision and that I am a duly licensed Professional Land Surveyor
related survey work was performed by me or under my direct personal
I hereby certify that this land surveying document was prepared and the
DECEMBER 31, 2020.
19W020-01
FIELD SURVEY COMPLETED: NOVERMBER 2019
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
EXHIBIT 19-20-T
BOOK 801, PAGE 759-760
WEST DES MOINES, IA 50265
9225 CASCADE AVENUE, #2204
BRODERICK, CHARLOTTE R. (TRUSTEE)
CHARLOTTE R. BRODERICK REV. TRUST
PARCELS 19-20
NW 2ND STREET, NW VENTURE DRIVE TO NW SUNRISE DRIVE
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
SEC. 28-79-26
N E1/4 SW 1/4
SEC. 28-79-26
SE1/4 SW 1/4
SEC. 28-79-26
S1/4 CORNER
FND D.O.T. BRASS CAP
SEC. 28-79-26
NE1/4 SW1/4
SE CORNER
SEC. 28-79-26
CENTER
FND STONE
POC PARCEL "A"
L4L6
L7
L8L3
L2L1C2C3C4411.45'N16°33'46"WL4
14.41'N16°57'13"EL5
L5
411.45'S16°33'46"EL8
POB PARCEL "A"
C1
58.38'1120.00'58.38'N18°03'22"W 02°59'12"29.20'C1
70'
PARCEL "A"
40'C5C6L10L12L9
POB PARCEL "B"
L11
S 00° 18' 55" W 973.92'507.97'C5
C6 496.40'900.00'490.13'S00°45'42"E 31°36'07"254.69'
137.77'S00°18'55"WL9
308.30'N16°33'46"WL10
176.46'S16°33'46"EL12
41.30'S89°41'05"EL11
198.77'1050.00'198.47'S21°59'09"E 10°50'47"99.68'
940.00'501.81'N01°04'54"W 30°57'44"260.35'
PARCEL "B"
110'
POC PARCEL "B"PROPOSED NW 2ND STREET
RIGHT-OF-WAY
PROPOSED 100'
LEGAL DESCRIPTION PARCEL "A":
REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
EASEMENTS AND RESTRICTIONS OF RECORD.
SAID TRACT CONTAINS 96,447 SQUARE FEET OR 2.21 ACRES MORE OR LESS, SUBJECT TO
21° 59' 09" EAST, 198.47 FEET TO THE POINT OF BEGINNING.
ANGLE OF 10° 50' 47", ALONG A 1050.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH
ALONG THE ARC OF A TANGENT CURVE CONCAVE NORTHEASTERLY WITH A CENTRAL
16° 33' 46" EAST, 411.45 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 198.77 FEET
RADIUS WITH A CHORD THAT BEARS SOUTH 01° 02' 59" EAST, 561.66 FEET; THENCE SOUTH
CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 31° 01' 34", ALONG A 1050.00 FOOT
SOUTHEASTERLY A DISTANCE OF 568.58 FEET ALONG THE ARC OF A NON-CURVE
20° 35' 41" EAST, 75.88 FEET; THENCE SOUTH 73° 21' 12 EAST, 24.75 FEET; THENCE
00° 11' 44" EAST, 645.87 FEET; THENCE NORTH 16° 57' 13" EAST, 14.41 FEET; THENCE SOUTH
ANGLE OF 33° 30' 59", ALONG A 1120.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH
655.17 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL
FEET; THENCE NORTH 16° 33' 46" WEST, 411.45 FEET; THENCE NORTHERLY A DISTANCE OF
ALONG A 1120.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 18° 03' 22" WEST, 58.38
TANGENT CURVE CONCAVE NORTHEASTERLY WITH A CENTRAL ANGLE OF 02° 59' 12",
FEET; THENCE NORTHWESTERLY A DISTANCE OF 58.38 FEET ALONG THE ARC OF A NON-
FEET; THENCE NORTH 22° 44' 35" WEST, 357.06 FEET; THENCE SOUTH 89° 33' 04" EAST, 15.95
BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00° 18' 55" WEST, 220.59
1425.96 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER TO THE POINT OF
COMMENCING AT THE CENTER OF SAID SECTION 28, THENCE SOUTH 00° 18' 55" WEST,
DESCRIBED AS FOLLOWS:
FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, MORE PARTICULARLY
NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, NOW INCLUDED IN AND
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 79
TEMPORARY EASEMENT
DATE:6/10/2020
SURVEY FOR:
FOTH PROJECT NO.
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
2 OF 2
SHEET
19W020-01
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
EXHIBIT 19-20-T
PARCELS 19-20
NW 2ND STREET, NW VENTURE DRIVE TO NW SUNRISE DRIVE
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
LEGAL DESCRIPTION PARCEL "B":
REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
EASEMENTS AND RESTRICTIONS OF RECORD.
SAID TRACT CONTAINS 29,782 SQUARE FEET OR 0.68 ACRES MORE OR LESS, SUBJECT TO
THENCE SOUTH 16° 33' 46" EAST, 176.46 FEET TO THE POINT OF BEGINNING.
900.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 00° 45' 42" EAST, 490.13 FEET;
TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 31° 36' 07", ALONG A
THENCE SOUTHEASTERLY A DISTANCE OF 496.40 FEET ALONG THE ARC OF A NON-
BEARS NORTH 01° 04' 54" WEST, 501.81 FEET; THENCE SOUTH 89° 41' 05" EAST, 41.30 FEET;
WITH A CENTRAL ANGLE OF 30° 57' 44", ALONG A 940.00 FOOT RADIUS WITH A CHORD THAT
DISTANCE OF 507.97 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY
FEET; THENCE NORTH 16° 33' 46" WEST, 308.30 FEET; THENCE NORTHWESTERLY A
BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 00° 18' 55" WEST, 137.77
973.92 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER TO THE POINT OF
COMMENCING AT THE CENTER OF SAID SECTION 28, THENCE SOUTH 00° 18' 55" WEST,
DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PRINCIPAL MERIDIAN, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE,
QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST