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HomeMy WebLinkAbout2004-12-20-Resolutions 04-269_Gilcrest Jewett - Settlement AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 04-269 I APPROVING SETTLEMENT AGREEMENT WITH GILCREST/JEWETT LUMBER CO. IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee is proposing to purchase 27,830 square feet,more or less,of land from Gilcrest/Jewett Lumber Co.in addition to the purchase of a permanent easement for a storm sewer and an agreement permitting a temporary construction easement;AND, WHEREAS,this piece ofland is an integral part of the development of the Alice's Road / University Avenue intersection;AND, WHEREAS,the City of Waukee and the Gilcrest/Jewett Lumber Co.have agreed upon a Settlement Agreement,which would include a Settlement Payment of $11 0,000 by the City of Waukee to Gilcrest/Jewett Lumber Company for this land;AND, WHEREAS,in addition to the Settlement Payment,the Settlement Agreement,made part of this resolution by reference and attached hereto,defines the responsibilities and duties of both parties;AND, WHEREAS,City Attorney Paul Huscher has reviewed the Settlement Agreement and finds it legally correct;AND, ] WHEREAS,City Staff recommend approving the agreement,which includes a provision providing for the extension of the completion date and "subject to an extension of time as mutually agreed between the parties including acts of God,if any." NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 20th day of December 2004 that it hereby approves the settlement agreement between the City of Waukee and Gilcrest/Jewett Lumber Company in which both the City of Waukee and Gilcrest/Jewett Lumber Company agree to the purchase of real estate by the City of Waukee from Gilcrest/Jewett Lumber Co.for the amount of $11 0,000 for public right-of-way,permanent storm sewer easement and a temporary construction easement;all located at the NW comer of Alice's Road and SE University Avenue.In addition,both parties agree to additional stipulations as listed in the Settlement Agreement. IAttest: ROLL CALL VOTE Nicholas C.Gruber Donald L.Bailey,Jr. Bill Peard JeffV.Mertz Darlene Stanton AYE X X X X NAY ABSENT x SETTLEMENT AGREEMENT This Agreement,entered into between the City of Waukee,Iowa,a Municipal Corporation,of the State of Iowa (hereafter "City)and Gilcrest/Jewett Lumber Company,an Iowa corporation with its principal place of business in the City of Waukee,Dallas County,Iowa (hereafter "Gilcrest"). Introductory Statement WHEREAS,on the.xtv..day of December,2004,in the exercise of its eminent domain powers,City made an offer to purchase certain interests in parcels of real property owned by Gilcrest,together with the temporary and permanent easement(s),which parcels are described and shown on Exhibits "A"and "B"hereto and arc hereinafter collectively referred to as the "Property";and WHEREAS,City has not filed applications to acquire by condemnation either the temporary or permanent easement(s)or fee title interest to the Property;and WHEREAS,City has threatened to acquire,if necessary,said interests,and Gilcrest and City desire to enter into an agreement to resolve possible claims relating to the City's acquisition of the temporary and permanent easements,and fee title to the Property of Gilcrest and to provide the terms and conditions of the acquisition of the Property by City;and WHEREAS,as a part of the request of City to acquire the interests referred to herein, certain proposed improvements shall be made to the Property by the City as reflected in Exhibit "C"attached hereto;and WHEREAS,the City and Gilcrest desire to execute this Agreement; NOW,THEREFORE,the parties agree as follows: 1.SETTLEMENT AND PAYMENT. The parties agree to settle all claims arising ant of the City'S threatened acquisition of Property and Easements owned by Gilcrest.The parties agree to a settlement payment for the sum of One Hundred Ten Thousand Dollars ($110,000.00)(hereinafter 1 I I "Settlement Payment")payable to Gilcrest at its offices in the City of Waukee,Dallas County, Iowa,as follows: A.Payment -Closing.The parties agree that at closing (hereafter "Closing"), conveyance by Gilcrest to City will be by Warranty Deed of the fee interest (said area to be more specifically referred to in Exhibit "A"attached hereto);execution of a Temporary and Permanent Easement to City,said documents to occur coincidentally with Closing which shall be no later than the 31"day of December,2004).City shall pay at Closing Gilcrest the Settlement Payment for Property which will convey fcc simple title to the Property by Warranty Deed and the execution of a Temporary and Permanent Easement as referred to in the attached Exhibits. B.Gilcrest shall relinquish at Closing possession of the Property (fee title only)subject to the Temporary and Permanent Easements referred to herein.The parties agree there are no buildings or other structures on Property and Gilcrest will cease its occupancy of the Property (fee title only)subject to the Temporary and Permanent Easements which will be executed coincidentally with Closing. The Temporary and Permanent Easements shall refer to a portion of the Property legally described herein and shall be by separate written documents to be executed coincidentally with Closing. C.Attached as Exhibit "D"is an Amended Site Plan which is part of the Agreement.The Amended Site Plan is a revision to the original Site Plan and provides Amendments showing the Property to be conveyed to City and proposed improvements to structures and the vacant land of the Adjacent Land owned by Gilcrest (hereafter "Adjacent Land").Exhibit "E"shows the Amended Site Plan prepared by Bishop Engineering Company (dated the 1st day of November,2004),being by reference made a part of this Agreement. 2.ABSTRACT,CONVEYANCE,AND TITLE. Upon execution of this Agreement,and coincidentally with the approval by Resolution of the City Council of City,Gilcrest shall provide City (if requested)a master abstract of title for the Property to enable City,at its cost,to create a new abstract of title and 2 have said abstract reviewed by City's legal counsel at its cost.The master abstract shall remain the property of Gilcrest and City shall have the master abstract only for the purpose of creating its own abstract.City may,at its cost,have a new abstract created and City will at its cost,have the abstract continued to show marketable title in conformity with the agreement,the Land Title Law of the State of Iowa,and the Iowa Title Standards of the Iowa State Bar Association, Gilcrest represents to City (coincidentally with the execution of this Agreement)that it holds title fee simple absolute,City shall pay any and all costs for abstracting, Title curative work,if any,to be performed by Gilcrest,may include matters as discovered by an independent title examiner but Gilcrest makes no representations nor will it create any curative work at its expense,City shall bear all necessary expenses,if any,associated with clearing title objections and performing title curative work,including expenses associated with preparing title curative documents and obtaining releases of liens or encumbrances,if any, upon the Property, 3,REAL ESTATE TAXES. The parties agree that there will be no proration of real estate taxes,Gilcrest has paid,or will pay prior to same becoming due and delinquent,any and all real estate taxes for the Property including,but not limited to,payment of all property taxes and special assessments,if any, 4,SPECIAL ASSESSMENTS. The City does hereby agree to waive its right to impose any type of special assessment upon that undeveloped parcel located at the intersection of Alices Road and University Avenue within the City ofWaulcee,said Property identified herein as "The Property," Further,the City agrees to impose only those special assessments which are permitted by law upon that portion of the Property referred to in this Agreement as the "Adj acent Land," Notwithstanding anything to the contrary provided herein,City ~U1dGilcrest agree that Gilcrest shall,at its expense,extend sidewalk across the frontage of Adj acent Land as part of the approval of the Site Plan,However,when,and if,Alice's Road shall be widened,then City,at its expense (presuming the sidewalk would be destroyed)will pay for ail installation and I repair expenses for said sidewalk,if any, 3 Gilcrest,its successors in interest or assigns,if any,shall pay for the installation of all sidewalks as to the Property when,and if,the Property is developed. Any and all requirements,if any,for subdivision bonds Jar sidewalks shall not be required and City,as part of the Site Plan,and City agrees to waive said requirements,if any, 5.ENVIRONMENTAL REPRESENTATION AND WARRANTIES. A.Gilcrest represents to City to the best of its knowledge and belief,there are no notices,complaints or orders of violation or non-compliance with enVirOl1ll1entallaws which have been received by Gilcrest;there are no tenants of the Property;there are no Federal,State or local environmental investigations pending or have been threatened against Gilcrest with regard to the Property or any use thereof. B.Gilcrest further represents that Property has not been used by it or to the best of its knowledge by any prior owner,for the conducting of any regulated activity other than in compliance in all material respects of environmental laws. 6.REMEDIES. Either party may initiate such proceedings as may be necessary or desirable in its opinion to cure and remedy such defaults or breaches,if any,including,but not limited to, proceedings in equity to compel specific performance by either party or to obtain possession of the Property and proceedings at law to collect damages as against the other in the event of default. In the event of default or breach of this Agreement,by either party,the other party may proceed immediately to CUTeand remedy such default or breach.In addition to such rights either party may have herein,the other party may initiate such proceedings as may be necessary,in its opinion,to cure and remedy such default or breach including,but not limited to, proceedings in equity and at law to collect damages from the defaulting party. 7,INSPECTION OF PROPERTY. City,at its expense,shall have the right to conduct any reasonable inspections of the Property.Gilcrest grants City,its officers,agents,employees and independent contractors the right to enter upon Property at reasonable times upon giving of written notice to Gilcrest (at least twenty-four (24)hours)as to said inspection.City agrees to defend,indemnify and hold 4 harmless Gilcrest,its officers,directors,agents and employees,from any liability and expense,--I including reasonable attorney fees,that may result from the City's exercise of its right to inspect the Property. 8.TEMPORARY EASEMENT. City and Gilcrest agree that as part of the consideration to be paid by City to Gilcrest,City shall receive a temporary easement to permit grading,fill,back slopes,and other necessary construction of the future right-of-way to permit City,at its cost,the construction of a paved street,and to install all public utilities within the new right-of-way. City and Gilcrest agree,they will execute a Temporary Easement permitting construction by City within the area described in Exhibit "B"(Temporary Easement) The provisions herein shall survive Closing and be binding upon City and Gilcrest and its successors in interest and/or assigns,if my. 9.DETENTION AREA. City and Gilcrest agree that marked as Exhibit "C"attached hereto by reference made a part hereof,are the calculations of Veenstra &Kimm Engineers (hereafter "Detention Calculations")which explains the volumes of Detention Calculations prior to the construction contemplated and the projected Detention Calculations subsequent to Closing for the purpose of comparison,not only as to the Property,but Adjacent Land of Gilcrest. City and Gilcrest agree subsequent to Closing,Gilcrest may rely upon said Detention Calculations (Exhibit "C")for the future detention of storm water over,across and through all Adjacent Land of Gilcrest Parties agree that the future Detention Calculations (Exhibit "C")may be relied upon by Gilcrest,its agents,representatives,successors in interest and/or assigns,as well as its professionals working on behalf of Gilcrest,in order to design,seek approval and construct the site or use ofthe Adjacent Land,This provision shall survive Closing and be binding upon City and Gilcrest and its successors in interest andlor assigns,if any. Notwithstanding anything to the contrary herein provided,if Gilcrest desires to develop ally of its Adjacent Land and City has not constructed the roadway (Alice's Road)prior 5 ) l to the 31 st of December,2005 (storm water structures and appurtenances,or the improvements contemplated set forth in the Construction Plans being Exhibit "E"herein),then City and Gilcrest agree that additional compensation shall be paid to Gilcrest,subject to the provisions herein as to extension of the date above and subject to an extension of time as mutually agreed between the parties including acts of God,if any.The parties agree that this provision shall survive Closing and be binding upon the City and Gilcrest and its successors in interest and/or assigns,if any. 10.PERMANENT EASEMENT. Gilcrest will convey to City a Permanent Easement (the legal description being incorporated in Exhibit "B"),which will provide in part for underground flowage of storm water under,through and across Property identified in said Exhibit "B,"as part of the compensation to be pai d by City to Gilcrest. City and Gilcrest agree that the contemplated construction by City (see Construction Plans which shall be part of Exhibit "E")is within the area described in the legal description of the Permanent Easement (Exhibit "B"),and the total compensation being paid includes all Easements. The Permanent Easement shall be executed coincidentally with Closing in a form agreed to by Gilcrest and City. 11.CONSTRUCTION PLANS. Marked as Exhibit "E"by reference made a part hereof are the "Proposed Construction Plans"herein so identified. The Construction Plans contemplate,as part of the consideration for settlement, that City,at its sole cost will construct timely (prior to the end of calendar year 2005),a roadway,storm sewer system including,but not limited to storm sewer pipes and the necessary appurtenances thereto for storm sewer and/or streets.to be built at City's expense (at no further cost to Gilcrest either by fees or special assessments,if any). Exhibit "E"is by reference made a part of this Agreement,and is part of the consideration for City,at its expense,constructing the storm water sewer system and future 6 pavmg on a portion of the Property (or adj acent right-of-way of City)and Gilcrest having C I waived any compensation for future payments (subject to the construction being completed prior to the end of calendar year 2005). Notwithstanding anything to the contrary provided,City covenants that Gilcrest, or its successors in interest or assigns,may rely upon this Agreement including the Amended Site Plan (Exhibit "D")in order to develop and/or use the Property and its Adj acent Land, This provision shall survive Closing and be binding upon the City. 12.AMENDMENT TO SITE PLAN. Marked as Exhibit "D"attached hereto by reference made a part hereof,are the revisions and modifications to the previously approved Site Plan,both as to the Property and the Adjacent Land, The parties agree that the proposed taking of a portion of Property by City, requires Gilcrest to contemplate additional changes,modifications,and amendments to Gilcrest's previously approved Site Plan as to the Property and the Adjacent Land, Marked as Exhibit "D",attached hereto by reference made a part hereof (as I identified herein)reflects those changes,modifications and amendments which require,' coincidentally with the approval of this Agreement,a Resolution by the City approving the Site Plan, Requirements for installation of landscaping (per Exhibit "D")shall not be required for installation prior to December 15,2006,Any and all isntallation oflandscaping (per Exhibit "D")will be at the expense of Gilcrest. The attached Exhibit "D"provides,in part,for the future modifications and construction of structures which are related to the proposed taking by the City, This provision shall survive closing (conveyance by Gilcrest to City)and be binding upon the City and Gilcrest and its successors in interest and/or assigns,if any, \} 7 13.ACCESS ALICE'S ROAD. Marked as Exhibit "E"by reference made a part hereof,is the proposed location of a full access to the Adj acent Land and a portion of the Property presently contemplated by City and Gilcrest. Gilcrest,its successors in interest and/or assigns,if any,has agreed with City that there will be a full access (hereafter "Full Access")which permits (without any physical obstruction both as to north and south-bound traffic)Full Access to Adjacent Land at the location designated in Exhibit "E." City and Gilcrest agree that when,and if,any development plans 01'proposed usc of Adjacent Land (which contemplates Full Access)that said approval would be approved by City at the designated location shown on said Exhibit "E."In the event of any changes by City as to the Full Access,City agrees that further compensation for damages for the loss of Full Access would be paid by City to Gilcrest,its successors OT assigns,if any.Parties agree, notwithstanding paragraph 17 of this Agreement,that Gilcrest has not waived and/or relinquished its rights as provided in Section 6B 01'any other provisions of the Code of Iowa as to its rights to additional compensation for the taking,either in part or total of Full Access.This provision shall survive Closing and bind the parties hereto as well as it or their successors in interest and/or assigns,if any. 14.PRIOR APPROVAL. This Agreement,including but not limited to the Exhibits attached hereto,is subject to approval of the City Council of City and neither City,nOT its representatives or agents,shall be bound by this Agreement and attached Exhibits until a Resolution,in writing, approving same is adopted by the City Council of City.The City Council shall approve this Agreement by Resolution no later than the 20th day of December,2004. 15.BINDING AGREEMENT. This Agreement shall inure to the benefit of and be binding upon the heirs, executors,administrators,assigns and successors in interest of the respective parties,if any, 8 16.CONDEMNATION.IThepartiesacknowledgethatCityhasthreatenedeminentdomainproceduresto obtain Property or a portion thereof,if necessary,thus resulting in this Agreement.The parties have executed this Agreement with the understanding that it is in lieu of further proceedings of condemnation. 17,TERMS. The terms of this Agreement are fully understood and voluntarily accepted by Gilcrest and City for the purpose of making full and final settlement of any claims of any nature, disputed or otherwise,on aCC011l1tof any damages existing or potentially existing arising from the taking of the Property,except as provided herein, Provided that all of the terms and conditions of this Agreement have been complied with by the City,then,and in that event,Gilcrest does hereby waive and relinquish all rights as provided in the Code of Iowa as to the Property,subject to the terms herein that will survive closing. 18.JURISDICTION. The parties agree that tins Agreement and amendments hereto,if any,shall be governed by the laws of the State ofIowa. The parties agree that Dallas County,Iowa,shall constitute the proper jurisdiction as to enforcement of the terms,conditions and provisions of this Agreement and amendments hereto,if any. CITY OF WAUKEE,IOWA GILCREST IJEWETT LUMBER COMPANY By "'-~-D{e,\AA~ ~;berl1JJ.m,Mayor "'7f'\~'(-':+-11 __, Attest:Uj~/U1R:(~J!;N~':,. Mark Arentsf'y~ity Administrator/ City Clerk By 'lh,{~1 b L!b1~!k-",--'_l .,J 1 d ~p-- Philip Sumner Worth,its President ) 9 STATE OF IOWA ) )SS COUNTY OF DALLAS ) ihOnthis.JD'day of December,2004,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Tony Oberman,as Mayor,and Mark Arentsen,as the City Administrator/City Clerk,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 seal affixed to the foregoing instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in a Roll Call No.()tl··-.),~,'f ,by resolution of the City Council of the City of Waukee on the Jot'day of I)(C(:r>1I:1w",2004,and that the Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed ofthe municipal corporation,by it voluntarily executed . ./J IJ I 1 I,7\{)I/litl...l)U·!X)l/biX' ) Notary Public in and for the State ofIowa ) )SS COUNTY OF DALLAS ) ,./ On this Jl)J day of December,2004,before me,the undersigned,a Notary Public in and for said County and State,personally appeared Philip Sumner Worth,to me personally known,who,being by me duly sworn,did say that he is the President of Gilcrest/Jewett Lumber Company,Inc.;that no seal has been procured by the said corporation;that said instrument was signed on behalf of said corporation by authority of its Board of Directors;and that the said Philip Sumner Worth as such officer,acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by him voluntarily executed.~''.J .' ,,U7dtC /;)u,dt.I!tMl-- Notary Public in and for the State of Iowa 10 LIST OF EXHIBITS RE CITY OF WAUKEE -GILCREST/JEWETT LUMBER COMPANY I Exhibit "A"-Warranty Deed (Fee Title) Exhibit ''B''-Temporary and Permanent Easements Exhibit "C"-Calculations of Veenstra &Kimm Exhibit "D"-Amended Site Plan Exhibit "E"-Construction Plans } 11 ,--~---~5----'-------THE IOWA STATE BAR ASSOCiATION •-Omci~1Form No.104 Daniel L Ma~mng ISBA #8003 .=00 THE LEGAL EFFECT OFTI~E_USE OF __TIllS fORM,CONSULTYOUR LAWY~F= r~f~~~ffonDaniel L.Manning,317 6th Avenue,Suite 300,Dc!';Moines,JA 50309,(515)243-8157 Indi\~dua1'5Name Street Address City Phone SPACE ABOVE THIS LINEFORRECORDERAddressTaxStatement:City of Waukee,Waukee City Hull,230 Highway G, Waukee,Iowa 50263 WARRANTY DEED (CORPORATE GRANTOR) For the consideration of -,O,"n",e~_;c---------------- Dollar(s)and other valuable consideration, ,G~I~-lc~l~ru~,tI~J~e~w~e~tt~I~.I~Iill"",b~e,~C~o~m~Jl~a",nYL-:;----;---;:-__cc-----:;--------------..-.----------- a corporation organized and existing under the laws of Iowa does hereby Convey to City ofWaulcee --------------------------------- --------the following described real estate in.Dallas County,Iowa: [See the legal description attached hereto,marked as Exhibit "A,"and incorporated herein by this refcrcnce.] The consideration of Grantor conveying to the Grantee is subject to the terms,conditions and provisions of a Settlement Agreement dated the day of December,2004,said terms,conditions and provisions and provisions being incorporated by reference in this conveyance. Subject to easements and restrictions,if any. The Corporation hereby covenants with grantees,and successors in interest,that it holds the real estate by title in fee simple;that it has good and lawful authority to sell and convey the real estate;that the real estate is free and clear of all liens and encumbrances,except as may be above stated;and it covenants to Warrant and Defend the real estate against the lawful claims of all persons,except as may be above stated.Words and phrases herein,including acknowledgment hereof,shall be construed as in the singular or plural number,according to the context.Gilcrest/Jewett Lumber Company Dated:_By -c-r- Philip Sumner worth,President Title By --c;=;c- Title STATE OF IOWA ,DALLAS COUNTY,ss: On this day of_;;--;-c;;;c"=_c__c__c_-:c--before me,the undersigned,a Notary Public in and for said State,personally appeared ~P-"h"'ili"-p"S"'u"mn""'e,,'-'w,,o"'r'"'h~_~__c_-~----c--~--- and ~_c_~--to me personally known,who being by me duly sworn,did say that they are the "P~'~e~,i"'d"ell~''--~_~~__c- and respectively,of said corporation: that (no seal has been procured by the said)(tAc seal affixefi----tAereffi----ts--tfieseal af ;:;aid)corporation that said instrument was signed {aHa--sea:led~on behalf of said corporation by authority of its Board of Directors;and that the said Philip Sumner wmih and _______~~__as such officers,acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by them voluntarily executed.EXHIBITA Notary Public~~~~~~~~~~~~~i ©The kw".Stale Bar Associalkm 2003 IOWA[lOCS~ 104 WARRANTY DEED (CORPORATE GRANTOR) R"vj."d Jawsoy.2{lOO EXHIBIT i A PREPARED BY:VEENSTRA ~KIMM,INC,-3000 WESTOWW PARKWAY -WEST DES MOINES,IOWA 50266-1320 -(5151 225-BOOO ACQUISITION PLAT FOR PUBUC RIGHT -oF·WAY FOR THE CITY OF WAUKEE,IOWA ] E1/4 CORNERSEC.34-79-26,.0'"FNO:CUT"X"<\'\'-"i ,:,CO"'I-I I~~'0 \>-<.I L~,1\:~;;«v ~"LOT 1 I I I ~\~"9~_~-JlNI I I G~IO NORTH "I'?-",o(15'WIQE II I.FNP'CUT"X"lOWA SYAfE PLANE <&reV Ul'ILlfV ~A9~1'~Nil ['COO~OlNATE SVSTI!M "--I r--I I (SO~U~TH~Z~O~N~E)~~ 11I1 ~--I,11?~:1~~2;0 200 aooIIg~~0IJI:,;.),I~oj?; ->if r--IO~:::"~!II d~'~0~,?~ III ~~z ",V'II a:1° II I III Uj I III LeI ~ILLIAMS TU~F2lFA~M,INC, 100'I R-O-W LEGEND r--50' I GILCREST HOLDING COMPANY,L,C, NB9 '38·:17' 50,00' P.D,B. N20"'0'0892,37' FOUND SECTION caRNERMONUMENT(AS NOTED) t:.SET SECTION CORNEAMONUMENT(AS NOTED) OTHER MONUMENT FOUND (AS NOTED) SET 1"PIPE W!YELLOW CAP*129n (M)"AS MEASUAEDu DISTANCEORBEARING (A)"AS RECORDED"DISTANCEDRBEARING .. •N27 '00'4283,93' N20"'O'08"E96,62' C' o 4-j~I'r"~S~5 '12'21 "W (R) S~5'1~'20"W(M} 7~,35'(~I 74,39(M) SE CORNEA SEC.3J.l-79-26FNO:CUT"X"~-- 10'WIDE CITY OF WAUKEE UNDERGROUND ELECTRIC LINE EASEMENT CURVE INFO C.l 6=70 '00'00" R"30,OO' A"36.6S· CH=34.41' CH S"N55 "W'OS"E I hereby cerllly thBI tills land surveying do,u~enl ,,~.prepared on(!Ille relatell survev ..ork '1BS perfor ...II by ~.•or under ltV llireet personal SUpervl.IM aM that I .n 0 duly 1l,ens~d ~and Surveyor uMer lhe I."s 01 the Stat.of 10.... C2 6"19'48'25"R"523.00· A=180.80' CHc179.90· CH B=NW'15'56'"EDote ~27B30 SO,FT. oate N.Sor.;;.~n.r.s. lo".l\'eMe_u<>.12972 My ueense r."....l d.l.I.n.eMber 3l.20D3 REV.I 10-01-03;CHANGED ALINGI-lEIH ACQUISITION PLAT DWG,NO, AP-l 1 OF 2 3000 WMtown Pa.rkway _.Wert ~$Marn~$,Iowa 50266-1320 f.--_R"",E_V_,,,,l_-l 515-225-8000'515-225-78-48(F1'JO·8rJO.24H/OOO(WATSJ Pf!(}JECT <!75l2B SCALE l'~2(lO' ~ DIlAIlN '"' CHEC~EIl '" APMOYEO '"0,l,1E \0-03-03 VEENSTRA &KIMM,INC.A.C. 1 PREPARED BY:VEENSTRA &Kmlt INC.-3000 NESTONN PARKWAY -WESI OES MOINES.lOWA 50266-1320 -15151 225-0000 ACQUISITION PLAT FOR PUBUC RIGHT..QF-WAY FOR THE CITY OF WAUKEE,IOWA OWNER: GILCREST HOLDINGCOMPANY,L,C, BOOK 840 PAGE 694 DATE OF SURVEY: 05-23-0. I.EGAL DESCRIPTION: A tract of land located in an irregular shaped parcel of land being a part of the East Hal f (E 1/2)of the Southeast Quarter (SE 1/4)of Section 34,Township 79 North,Range 26 West of the 5th P,M,as recorded in Book 840 on page 694 in the Dallas County Recorder's Office.Iowa. Said tract being more particularly described as follows: Commencing as a point of reference at the Southeast Corner of said Section 34:thence North 00 '21'43'East (all bearin9s referenced to Grid North Iowa State Plane Coordinate System South Zone),a distance of 528,57 feet along the east line of said E 1/2 of the SE 1/4;thence North 89'38'17"West,a distance of 50,00 feet ta the west right-af-way line of Alice's Road,said point bein9 the point of beginning:thence South 00 '21'43'West,recorded as {S 00 '04 '00'·EI,a distance of 416.30 feet along said west right-of-way;thence South 45 '14'20"West,a distance of 74,39 feet {recorded as S 45'12'21·'W,74,35 feetl to the north right-of-way line of University Avenue;thence North 89 '53'04"West (recorded as S B9 '41 '53"WI,a distance of 131,05 feet along said north right-of-way line to the north line of Union Pacific railroad right-of-way;thence North 52'48·28"West (recorded as N 63'13·31"W),a distance of 43,17 feet along said railroad right-of-way; thence South 89'49'52"East,a distance of 51.31 feet to a point of curvature:thence northeasterly a distance'of 36,65 feet along a curve CDncave to the northwest having a central angle of 70°00'00",a radius of 30.00 feet.a chord bearing of North 55'10'OB"East and a chord distance of 34.41 feet;thence North 20 '10'08"East,a distance of 96,62 feet;thence North 27'00'42"East,a distance of B3,93 feet:thence North 20'10'08'·East,a distance of 92,37 feet to a point of curvature;thence northeasterly a distance of lBO,80 feet along a cueve concave to the northwest having a central angle of 19'48'25-,a radius of 523,00 feet,a chord bearing of North 10'15'55"East,and a chord distance of 179.90 feet to the point of beginning, Containing 27,830 square feet.more or less. ACQUISITION PLAT DATE 09-03-031'-,-:-.,.------1 VEENSTRA &KIMM,INC. DWG.NO. AP-l 2 OF 2 3000 Westown P.!tkway •Wert Des MoInes,/oWi!l 50266-1320 I---:R-:E=-V-,,-,I=----I 315-225-lJOOO 5H·225-784a(Ft\XJ.8000U1-aOOOtw ....TS)PAOJECT "'5128 I':;.:c~;.:c~:__'_-·-,'::':~:-II~ CHECKEO oss 1 ."V ~ APPROVED OilS . I THIS DOCUMENT PREPARED BY AND WHEN RECORDED RETURN TO: William J.Lillis,317 Sixth Avenue,Suite 300,Des Moines,Iowa 50309 STORM SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS: 1.Grant of Easement.The undersigned,Gilcrest/Jewett Lumber Company,with its principal place of business in the City of Waukee,Dallas County,State of Iowa (hereafter "Grantor")is the owner of the property identified in Exhibit "A" attached to and by reference made a part hereof which is located in the City of Waukee,Dallas County,Iowa,and 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 (hereafter "City"),a permanent and perpetual easement (hereinafter referred to as "Storm Sewer Easement"or "Easement")and right-of-way upon,over,under,through and across the real property legally described as: 1 (See Exhibit "A"for legal description of the Easement.) c 2.Use and Purpose of Easement.This Easement shall be granted for the sole purpose of locating a storm sewer(s)(hereafter referred to as "Storm Sewers") and to permit and allow the City to enter at any time upon,over,under,through and across into said Easement herein described to use as much of the surface and subsurface thereof to construct,replace,locate,rebuild,enlarge,reconstruct, repair (including the right to replace and build additional storm sewers therein or to connect and/or join storm sewers and appurtenances thereto)and to forever maintain storm sewers whenever necessary within the Easement Area granted herein.No structure or building of any kind (with the exception of driveways and/or parking and shrubs)shall be erected upon the property described in said Exhibit "A"that is the subj ect of this Easement without the express written consent of the City. 3.Maintenance.After lie initial construction of the storm sewer which shall be at I the cost of the City,and acceptance by the City,the City agrees,as part of any and all future reconstruction,maintenance and patrolling of the storm sewer,to restore and replace the Easement Areas to substantially the same condition as . EXHIBIT 1-B prior to the time of entry or as agreed upon by the City and the Grantor.City shall be required to replace all landscaping,trees,shrubs,bushes,landscape elements,underground storm sewer lines;and the parking areas or driveways located within the Easement Area and City shall be required to restore said Easement Area by reason of repair,reconstruction or replacement.However,the City shall not 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 responsibility of the Grantor at the Grantor's sole expense. During the period of the Easement,the maintenance of the driveways and/or landscaping and parking lots,if any,shall be the sole expense and responsibility of Grantor,subject to the above provisions,. 4.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, shall run with the land legally described herein,and shall be binding upon and inure to the benefit and burden of the heirs,assigns,successors,tenants and personal representatives of the Grantor hereto,if any, 5,Jurisdiction and Venue,City and the Grantor agree that the District Court of the State of Iowa in and for Dallas County shall have exclusive jurisdiction over the subj ect matter and enforcement of the terms and conditions of this Easement. The parties consent to the jurisdiction of the person being in Dallas County,State of Iowa, 6.Words and Phrases.Words and phrases shall be construed as in tile singular or plural number,and as masculine,feminine or neuter gender,according to the context. 7.Pmties.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 Gilcrest/Jewett Lumber Company,its assigns,successors in interest,or lessees,if any. 8.Attorney Fees.EIther party may enforce this instrument by appropriate action either at law or in equity and should either party prevail in such litigation,it shall recover as part of its costs the reasonable attorney fees incurred in such litigation andlor threat of litigation,if applicable. 9.Integration.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.' 2 10.Consideration.Notwithstanding anything to the contrary provided herein,this Easement is given by Grantor to City in consideration of the promises and covenants contained in an Agreement dated the __day of , 2004,between the City of Waukee and Grantor and this Agreement shall be incorporated if by reference made a part of said Agreement (hereafter "Agreement")and be subj ect to and pursuant to said Agreement as between the parties. In the event City does not comply with the terms,conditions and provisions of the Agreement as to completing the construction plans over,under and through the property described in Exhibit "A"and prior to the 31"of December,2005,then this Easement shall become of no further force nor effect without any further notice and/or writing to be given by either party to the other and shall,on its face, be considered by agreement of the parties thereafter,null and void. However,should the improvements contemplated in the Agreement (construction drawings and completion of same prior to tho 31"of December,2005 and at the cost of City)be constructed,then this Easement shall become a permanent easement subject to all the terms,conditions and provisions as contained therein. 11.Paragraph Headings.Headings in this Agreement are included solely for convenience and shall not affect or be used in connection with the interpretation of this Agreement.} Dated this __day of "2004. G~CRESTIJEWETTLUMBERCOMPANY BY=-:::;-::--_~___=_~-;-:;_,_--;----Philip Sumner Worth,President and Chief Executive Officer CITY OF WAUKEE,IOWA By~--=c::__----:--::-~ Toby Oberman,Mayor Attest: Mark Arentsen, City Administrator/City Clerk 3 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this day of ,2004,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Tony Oberman,as Mayor,and Mark Arentsen,as the City Administrator/City Clerk,to me personally known,who being by me dilly sworn,did say that they are the Mayor and City Clerk,respectively,of the City of Waukee,Iowa,a municipal corporation;that the seal affixed to the foregoing instrument was signed and sealed on behalf of 111ecorporation by authority of its City Council as contained in a RollCall No.[1./-:;).({)t--,by resolution of the City Council of the City of Waukee on the __day of ,2004,and that tho Mayor and City Clerk as such officers acknowledged the execution.of said instrument to be the voluntary act and deed of the municipal corporation,by it voluntarily executed. Notary Public in and for the State ofIowa STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this day of ,2004,before me,the undersigned,a Notary Public in and for said County and State,personally appeared Philip Sumner Worth,to me personally known,who,being by me dilly sworn,did say that he is the President of Gilcrest/Jewett Lumber Company,Inc.;that no seal has been procured by the said corporation;that said instrument was signed on behalf of said corporation by authority of its Board of Directors;and that the said Philip Sumner Worth as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by him voluntarily executed. Notary Public in and for the State ofIowa 4 EXHIBIT "A" LEGAL DESCRIPTION OF EASEMENT AREA J I 5 ......,,-~-_...-----------------........, EASEMENT DRAWING FOR PERPETUAL EASEMENT FOR STORM SEWER FOR THE CITY OF WAUKEE,IOWA PREPARED BY:VEENSTRA &KIWi,INC,-3000 NESTONN PARKWAY -WEST OES WOINES,IOWA 50266-1320-15151 225-8000 GRIO NORTHIDWASTATEPLANg COOROINATE SYSTEM ISOUTH ZONE)....J.!.Io100200 ,I ---------------~ ,I i Ii I /I 0 : / 'I ~I I I C 1 INFO /I'~: OELTA,70'OO'OO"/1 H I R~I~=30,OO':~ ARC LENGTH=36,65'~I CH.SEAR.'S55·10'08"W I I I CH.LENGTH=34,41'/I I r-EXISTIING W~ST 6 R-O-WI LINEI N82'7'13"E I Ii)6.59'1,/°40 WESTrRlO-W LINE 520 '10 vO'S"W _________________~1~1': P.O.S.-...N89'49'52"W I N62'48'28"W -"""~1.31'UNIVERSITY AVENUE 174.99',,::::,..... •----------------N89 '~~04"W -".....--j ,115.91'SE CORNER SEC.34-79-26 FNO:CUT "X" I1---- GILCREST HOLDING CO~PANY.L.C. NOD '21'43"E~='" 33,62' ~PERPETUAL ~ASEMENT(7720 SQ.FT,) EASEMENT DRAWING OHa,NO,I':=::=~:_-,._.'.:.::::..j~~ CH£C~EO OilS ~ APPIlOV!;O cas PE-l .3000 WI!:lIOWll Pathvay WMt DeJ MolntlJ,lOWOl S02lif>.1320 ~cc1 .:.:O",F--c'l...,-:-1 515-225-8000 •,-t5-2l5-78'fB (FAX)•B0Q0241--8000(WilTS)PROJECT 275126 OAiE 1l1~13"O~F'--~:..=...j VEENSTRA &KIMM,INC. A,C. I Prepared by and after recordingReturnto:Daniel L.Manning #8003,317~6th Avenue,Suite 300,Des Moines,IA 50309 Telephone:(515)243~8157 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL PERSONS BY THESE PRESENTS, That Gilcrest/Jewett Lumber Company,an Iowa corporation ("Grantor"),in consideration ofthe sum of One Dollar ($1.00)illhand paid,the receipt of which is hereby acknowledged,and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does hereby convey unto the City of Waukee (llGranteell),a temporary construction easement and right of way over,all,through,and across certain real estate described as follows,to-wit: [See legal description attached hereto and marked as Exhibit "A".] The purpose of this Temporary Construction Easement is to allow Grantee to construct and realign the intersection of Alice's Road and University Avenue,all within the City of Waukee,Iowa.The easement granted herein shan be valid until such time as Grantee has completed the necessary construction activities necessary for the completion of the Alice's RoadlUniversity Avenue ImprovementProject,but in any event,such easement shall expire no later than December 31,2005. This easement shall be subject to the following terms and conditions: I.Erection and placement of structures,obstructions,plantings or materials prohibited. Grantee,Grantee's assigns,agents,employees and/or contractors shall not erect any fence or other structure under,over,on,through,across or within the defined temporary construction casement area identified in Exhibit "A"attached hereto,I 2.Change of grade prohibited.Grantee,Grantee's assigns,agents,employees andlor contractors shall not change the grade,elevation or contour of any prot of the temporary construction easement area without obtaining the prior written consent of the Grantor.The .Grantee shall have the obligation to restore any damaged properly to its original condition. This will include returning the property to its proper grade,elevation and/or contour. 3.Right of access.Grantor shall have the right of access to the temporary construction easement area held by Grantee and Grantor shall have all rights of ingress and egress reasonably necessary for the use and enjoyment of the temporary construction easement area from the property adjacent thereto,including but 110t limited to the right to remove without liability to Grantee any unauthorized fences,structures,obstruction,planting or material placed or erected under,over,on,through,across or within the temporary construction easement area, 4.Maintenance.The Grantee shall be responsible for any maintenance of the land located within the temporary construction easement area,including snow removal.Grantor retains the right,without liability to the Grantee,to perform such maintenance which it determines, in its sole discretion,is needed during the term of this Temporary Construction Easement. 5.Easement Benefit.This easement shall be for the benefit of the Grantee,Grantee's assigns, agents,employees and/or contractors, 6.Easement is Temporary.This easement shall be deemed temporary and shall expire upon the completion of the Alice's Road/University Street Improvement Project,or on December 31,2005,whichever is sooner.I 7.Property to be Restored.Upon completion of'the grading and construction as described EXHIBIT l.:[j herein,the Grantee shall restore the temporary construction easement area in good and workmanlike manner,inducting restoration of lawns by seeding,to a condition comparable to its condition before construction. 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 ,2005. GILCREST/JEWETT LUMBER COMPANY By:-~::--:c;-----c~c;-c=--c-;----c-Philip Sumner W 011h,President STATE OF IOWA ) )" COUNTY OF POLK ) 011 this __day of ._.-----.J 2005,before me,the undersigned,a Notary Public in and for the State oflowa,personalty appeared Philip Sumner Worth,to me personally known,who being byrne duly sworn,did say that he is the President ofthe corporation executing the within and foregoing instrument;that said instrument was signed on behalf of the corporation by authority of its Board ot Dlrcctors;and that Philip Sumner Worth,as officer, acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily executed. Notary Public in and for the State ofIowa ,I PREPARED BY:VEENSTRA &KlM~I,INC,•3000 WES10WN PARKWAY·WESTDES ~IOINES,IOWA 502B6·1320·15151 225·8000 EASEMENT DRAWING FOR TiMPOAARY CONSTRUCTION FOR THE CITY OF WAUKEE,IOWA GRID NORTH IOWA STATE PLANE COORDINATE SYSTEM (SOUTH ZONE) .....-.io100200 VACATED STORM WATER DETENTION BASIN NB9 '38'17"W\~0 40,00'---'L Q;----------J-'o,-!II 0«"",0)'*_---\ "\'&",t/ (" 0'<) 1---- IIII o I I ~I,I I W 1 [f)I I g I <t I II I I EXIST:ING Wi'S R-o-w L INEI III 6=19'45'12" R=4B3.00· A=166.52' CH=165,70' CH B=S10'14'19"W GILCR ST HOLDING COM ANY,L.C. TEMPORARY CONSTRUCTION EASEMENT S22 '16'19"W 2B2,06' ~TEMPORARY EASEMENT"'===(H760 SO.Fr,} I SE coRNER-I SEC,34-79-26 ' FND:cur "X" EASEMENT DRAWING P,o,B, NB9 '38'17"W 50.00' 1'1'"''''m~, ruco'ruOlDoZ OLD WEST R-D-W LINE REV.j:CHANGEO EASEMENT ) OWG,NO. REV.1TE-1 3000 We!lOWII PMkw.a¥W~l!OtIs Main""tOW.l:.$0166-'320 1==1 :-,o",F-=,:lc:::-l 515-225-8000 •5'5-225-7848 (FAX)•800-2."..,,000 (WArS)PROJECT ~7512B ISCALE\-·1/)0' ORAtifl '"CHECKED '"APPROVED '"DATE Ol~13-D4 A.C.VEENSTRA &KIMM,INC, herein,the Grantee shall restore the temporary construction easement area in good and workmanlike manner,including restoration of lawns by seeding,to a condition comparable to its condition before construction. Words and phrases herein,including acknowledgment hereof,shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. Signed this day of ~----'2005. GILCREST/JEWETr LUMBER COMPANY By:---cc~~---c=--c--=----CC--Philip Sumner Worth,President STATE OF IOWA ) )" COUNTY OF POLK ) On this __day of .--,2005,before me,the undersigned,a Notary Public in and for the State ofIowa,personally appeared Philip Sumner Worth,to me personally known,who being byrne duly sworn,did say that he is the President of the corporation executing the within and foregoing instrument;that said instrument was signed on behalf of the corporation by authority of its Board of Directors;and that Philip Sumner Worth,as officer, acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily executed. Notary Public in and for the State ofIowa rAX NO,15152257848 p,01 VEENSTRA &I<.'IMM,'NC. 3000 Welt!JWIl parkway'West 0"Mo;n"$,/ow,,5D2611-1,12Q 515.225.6000 •515.225-764BifAX)•800-241-/IOOOiWA 1'.1)". ..,.;;;;,'..";;:...:;;;;;;;;;..,_:<Z";;;;---..,t;;;;-=......="oa:'mrt==.====================_iii===-= occember 15,2004 cEXHIBIT Willi\llll J.Lillis Connolly o'Malloy Lillis H,1I1sen&015011 300 [lank of Amorita Building 317 Sixth Avenue De~Moines,Iowa 50309 WAUKEE,IOWA GILCRI:ST/JEWETT LUMBER COMPANY txnmrr c Attached is a summarv computation of the stormwater detention volume which will be 1 provided Py tho CIty of Waukee in the Allee's RO;;ldintersQction with University Avenue. The Cily will commit to maintaining 27,100 cubic feet of detention storage 111the Alice's Road intersection for the benefit of the Gilcrest/Jew€ltllumber Company.Tho 27,100 cubic feet of detention storage In Alice's Road will offset the 27,100 cubic [oct of dctennon storage which will be lost from the existing detention fncllity loc<it0,d on the GikrestiJewott Lumber Company properly should tho property owner decide to place en/th fill in the vacated storrnwater detention basin Commitment Area. If you have any questions or comments,please contact us at 225·8000, ..VEENSTRA &KIMM,INC. \~~,..~-<')\[\~~L,,.:~&.~. Mlkclls Bl'iodis l\1B:jgt 27!,128 rndosuro cc:MM'k Arentsen,City of Waukee ) Wei~Des Moine:;rt CornMlIfl •Omtlha •Moline ,Milson City·Slow!'CflY r HX NV,]b 1bLLbllJ4lJ I',UL 1 Drawing No.3 VACATED OVERLAND FLOWAGE AND STORMWATER DHENTIONBASIN COMMITMENT AREA LEGAL DESCRIPTION A tract of land located in an irregular shaped parcel of land being a part of the East Half (E 1/2)of the Southeast Quarter (SE 1/4)of Section 34,Township 79 North,Range 26 West of the 5'"P.M.conveyed to Gilcrest Holding Company,LC.as recorded in Book 840 on page 694 in the Dallas County Recorder's Office,Iowa. 1Saidtractbeingmoreparticularlydescribedasfollows: Commencing as a point of reference at the Southeast Corner of said Section 34j thence North 89°53'04"West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),a distance of 115.91 feet along the south line of said Section 34 to the north right-of-way line of the Union Pacific Railroad Company;thence North 62°48'28"West,a distance of 357.57 feet along said north right-of-way;thence North 00°21 '43"East,a distance of 33.62 feet to the point of beginning;thence continuing North 00"21 '43"East,a distance of 351.59 feet;thence South 89°53'04"East,a distance of 70.00 feet;thence South 00"21 '43"West,a distance of 387.30 feet to the north line of a perpetual storm sewer easement;thence North 62"48'28"West,a distance of 78.44 feet along said north line to the point of beginning. Containing 25/860 square feet,more or less. EXHIBIT i n.......--"'"~- PREPAREDO'{:VEENSTR,&Knill<,INC.-3000 IESTOIN PARKIIAV -WEST OES I,IOINES,101lA 50266-1320 -15151 215-0000 RELEASE DRAWING FOR VACATING AN OVERlAND FLOWAGE AND STORM WATER DETENTION BASIN COMMITMENT AREA FOR THE CITY OF WAUKEE,IOWA GRID NORTH IOWA STATE PLANE COOROINATE·SYSTEM (SOUTH ZONE) ~_i o 100 200 PERPETUALSTORMWATER DETENTION BASIN SB9'53'04"E .I_7:,::'_.~... • '?ii'I :1'. VACATED l STORM WATER 1:[DETENTION BASIN I /Is=;I /i ~I I'I //1 [IS',I 180,00'~ NORTH R-O-W I I I UNION PACIFIc I I IRAILROAOI,I PERPETUAL !"--&:XlffiTIING W~ST STORM S.WER I R-O-Wi loIN", ~AS~M~NT I :rolD WEST,I·RtO-W LINE Ive.;>>./I.]"/&'<!.<,/'.,s;;'fi"/y '~-_//I-=-------~------~--"--j I ,_~~!~:~yAV:N:=-~'~__..\ N89'53'O~"W..t-.~/115,9j' SE CORNER-.I SEC,3t1-79-26 FNO:cur X" NOO'21'tl3"E~~,ea' GILCREST HOLDING COMPANY,L.C. w. I [ [ 110.00,---1 ---I [ I~1!,.:.~,8, N62'4S'2S"W 78.44' ~COMM!TM~NT AREA..liill:i860 e~,FT.l COI~MITM~Nr AREA MAWING lJATE A:fi' Ii j\_._- 1_.... I,i.~_.-~~···-t,!. .......1.,."~·····~~I·-~~iI-+i \I\t __________~~....J,./I "-j'j 1"······ii ""I-~I ""!.~...~.·....·..···"·..1.._···.,s ;~!; ~:----.1....•........-..;..~!• , \\\, 1/ I······-1··_···_····_·· I i J )~•~m ~"i ~ '.~e ~~~a Ii ~! _1. _....1 -, \, \ !. _.~...__......_-_.\ ....---\-j.._. L..i_;__.. 1 .1-.....t ..........L.- I ,,~'""'lO·•....,.""••,..•••0> 8!ld:< ~f i!! .orut: ;;--T- t--.~-.--.- ,6a"9lS ].£O,iO.OOS I-Iii ~tw: J: .~Iqqe~ '- I C', I I > I '"\, I,hI'