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HomeMy WebLinkAbout2010-05-10-Resolutions 10-137_Annexation - VariousResolution No.10-137 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY, INCLUDING NON-CONSENTING PROPERTY,AND PROVIDING A TRANSITION FOR THE IMPOSITION OF TAXES WHEREAS,the City of Waukee,State ofIowa,is a duly organized municipal corporation;and WHEREAS,the City of Waukee,on March 2,2010 by resolution #10-47 attached as Exhibit "A"approved the voluntary annexation of property depicted on the map and legally described as set forth in said resolution and attachments thereto and filed the same with the Secretary of State on March 3,2010;and "VHEREAS,the status of the voluntary annexation referenced above is unclear;and WHEREAS,the City of Waukee,Iowa,has received Applications for Voluntary Annexation from the property owners of certain real estate under the ownership of said applicants,located in Dallas County,Iowa;and have two proposals concerning the annexation of said property.Proposall is depicted on the map and legal description identified as Exhibit "B"attached hereto and made a part hereof.Proposal 2 is depicted on the map and legal description identified as Exhibit "C"attached hereto and made a part hereof. WHEREAS,pursuant to Chapter 368,Code of Iowa,2010,under both proposals,territory comprising not more than twenty percent of the land area has been included without the consent of the owners to create morc uniform boundaries and avoid the creation of an island,and said properties are shown on the aforementioned map identified as legally described in the aforementioned Exhibit "B"and Exhibit "C",respectively;and WHEREAS,such property collectively adjoios the City as reqnired by Chapter 368,Code ofIowa,2010;and; WHEREAS,all reqnired notification has been carried out pursuant to Chapter 368,Code of Iowa,2010;and; WHEREAS,the property owned by the City locally known as the Copeland Recreation and Sports Complex is included in the annexation territory under both Proposal I and Proposal 2;and \VHEREAS,the City of Waukee,since commencing the annexations herein,has received a Voluntary Annexation Application for property included in this annexation owned by Doris Conger and Walter Gene Huston;and \VIIEREAS,it is in the best interests of the City,the annexation territory and the public that said the annexation be approved by the City of Waukee,at this time;and; WHEREAS,The City Council believes that a transition for the imposition of City taxes to all properties within the annexation area,as provide for in Section 368.7(5)of the Code ofIowa,2010,according to the formnla set forth in Section 368.11 (3)(m)of the Code ofIowa,2010 as follows:75%for the first and second years;60%the third and fourth years;45%the fifth and sixth years;30%the seventh and eighth years;and 15%the ninth and tenth years should be provided to the property within the annexation territory upon the annexation of the territory becoming final. BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA,AS FOLLOWS: SECTION 1.The Applications for Voluntary annexation submitted to the City of Waukee are hereby approved. The Annexation of the Property in proposal 1 as shown and described in Exhibit "B"and the Annexation of the Property in proposal 2 as shown and described in Exhibit "C"are approved,as alternative proposals.The property shall be annexed to the City ofWaokec,Iowa,in accordance with Chapter 368,Code ofIowa,2010,and such Page 1 of2 property shall hereinafter become and be part of the City of Waukee,Iowa upon approval by the City Development Board as provided by Iowa Law. SECTION 2.The Mayor,City Administrator/City Clerk and City Attorney are hereby authorized and directed to cause to be prepared and executed all documents necessary for the submission of this annexation.The City Attorney is directed to file the same with the City Development Board and as otherwise prescribed by the Code of Iowa. SECTION 3.The transition for imposition of taxes for the properties annexed herein is approved. SECTION 4.This Resolution's transition for imposition of taxes shall be effective upon completion of annexation in the manner provided by law. PASSED AND ADOPTED on May 10.2010.I6:Jro~ Mayor ATTEST: ~/·~-Rebecca D.Schuett Deputy City Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Waukee, Iowa,at a regular meeting held on May 10,20 10 by the following vote: A YES:Dutcher,Harvey,Stanton,Watts.NAYS:None.ABSENT:Blanchard.Motion carried 4 -0 -1. ATTEST: 14luut I.Wu<a1 Rebecca D.Sch.rett ----- Deputy City Clerk Page 2 of2 EXHIBIT A THE CITY OF WAUKEE,IOWA RESOLUTION 10-47 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY, AND PROVIDING A TRANSITION FOR THE IMPOSITION OF TAXES WHEREAS,the City of Waukee,State of Iowa,is a duly organized municipal corporation,and; "VHEREAS,the City of Waukee,Iowa has received Applications for Voluntary Annexation from the property owners of certain real estate under the ownership of said petitioners,located in Dallas County,Iowa,and shown on the map identified as Exhibit "A"attached hereto and made a part hereof and legally described as follows: LEGAL DESCRIPTIONS See Exhibit "8"attached hereto and made a part hereof. WHEREAS,such property collectively adjoins the City as required by Chapter 368,Code of Iowa,2010,and; WHEREAS,all required notification has been carried out pursuant to Chapter 368,code of Iowa,2010,and; WHEREAS,a public hearing was held concerning said applications and the annexation on March 2,201 0 as required by law. WHEREAS,it is in the best interests of the City and public that said property be annexed to the City of Waukee,at this time. WHEREAS,pursuant to the Iowa Code and as agreed in the pre annexation agreements with the Property Owners,it is appropriate to provide a transition for imposition of City taxes in accordance with the following formula: (a)In the first and second year following annexation of the Subject Property,the Subject Property is taxed by City -75%tax transitioning (b)Third and Fourth year -60%tax transitioning (c)Fifth and Sixth year -45%tax transitioning, (d)Seventh and Eighth year -30%tax transitioning (e)Ninth and Tenth year-15%tax transitioning. BE IT THEREFORE RESOLVED,by the City Council of the City of Waukee as follows: SECTION 1.The Applications for Voluntary Annexation are hereby approved and said properties described in Exhibit "8"shall be annexed to the City of Waukee Iowa,in accordance with Chapter 368,code ofIowa,2010,and such property shall hereinafter become and be part of the City of Waukee,Iowa. SECTION 2.The Mayor and the City Administrator/CityClerk are hereby authorized and directed to prepare and execute all documents necessary for this annexation and are directed to file the same as required by the Code of Iowa. SECTION 3.Tax transitioning of City taxes is hereby approved for property within the annexation area,as authorized by Iowa Law,in the following percentages: (a)In the first and second year following annexation of the Subject Property,the Subject Property is taxed by City -75%tax transitioning (b)Third and Fourth year -60%tax transitioning (c)Fifth and Sixth year -45%tax transitioning, (d)Seventh and Eighth year -30%tax transitioning (e)Ninth and Tenth year-15%tax transitioning. SECTION 4.This Resolution's transition for imposition of City taxes shall be effective upon COmpletion of annexation proceedings. Passed and adopted by the City Council on the 2nd day of March 2010. roTem Kooistra,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Shane Blanchard X Dan Dutcher X Casey L.Harvey X Darlene Stanton X Mike Watts X Exhibit "A"-Map EXHIBIT A: PR.OPER.TYANNEXATION MAP Exhibit "B"-Applications for Voluntary Annexation (Legal Descriptions) LEGAL DESCRIPTION OF APPLICATIONS FOR VOLUNTARY ANNEXATION The South half of the SE Quarter of the SE Quarter of Section 32,Township 79,Range 26, Walnut Township,Dallas County,Iowa,(Parcel #1232400004)and the north half of the adjacent street right of way (300th Street);AND The SW Quarter of the SE Quarter of Section 32,Township 79,Range 26,Walnut Township, Dallas County,Iowa (Parcel #1232400003)and the north half of the adjacent street right of way (300th Street);AND The SE Quarter of the SW Quarter of Section 32,Township 79,Range 26,Walnut Township, Dallas County,Iowa (Parcel #1232300004)and the north half of the adjacent street right of way (300th Street);AND The SW Quarter of the SW Quarter of Section 32,Township 79,Range 26,Walnut Township, Dallas County,Iowa (Parcel #1232300003)and the north half of the adjacent street right of way (300th Street)and the east half of the adjacent street right of way (T Avenue);AND The SE Quarter of the SE Quarter of Section 31,Township 79,Range 26,Walnut Township, Dallas County,Iowa,EXCEPT Parcel A (Parcel #1231400008)and the north half of the adjacent street right of way (300th Street)and the west half of the adjacent street right of way (T Avenue); AND The East 57 acres of the North half of the SE Quarter of Section3!,Township 79,range 26, Walnut Township,Dallas County,Iowa (Parcel #1231400007)and the west half of the adjacent street right of way (T Avenue). Subject property includes 233.5 acres more or less. ... r--......I ~0--<l)q 0'6 (1.))s lie ~.,.(I)0 -"'t...cI 0' 'C~~C NO?:..-il..,. ~ od..~"~.:ii.(1)1C{g a ~C 0 ~:J 0 <:0<:::1m0 -052:,:>,-=Q)GlthatGJOJ~X..:&::,;;eEd>:J:J -<:'"~-J <:5.>;;;.<'I-.-"T""·C Co_,g,g*_~jJ m CD~~&~iii ~ ::J "'"0 C£:1.'0 ....C C";i"'!DQ.00.1<-c~,.~C')::!".~(I)li.,;,,"...J ....~l:;r ~~~~~,~"',~iJ!k'iM;,',)'"."e',OJ'~, PROPOSAL 1 LEGAL DESCRIPTION OF ANNEXATION The South half of the SE Quarter of the SE Quarter of Section 32,Township 79,Range 26,Walnut Township,Dallas Countl'Iowa,(Parcel #1232400004)and the north half of the adjacent street right of way (3001 Street);AND The SW Quarter of the SE Quarter of Section 32,Township 79,Range 26,Walnut Township,Dallas County,Iowa (Parcel #1232400003)and the north half of the adjacent street right of way (300thStreet);AND The SE Quarter of the SW Quarter of Section 32,Township 79,Range 26,Walnut Township,Dallas County,Iowa (Parcel #1232300004)and the north half of the adjacent street right of way (3001hStreet);AND The SW Quarter of the SW Quarter of Section 32,Township 79,Range 26,Walnut Township,Dallas Coun~,Iowa (Parcel #1232300003)and the north half of the adjacent street right of way (3001 Street)and the east half of the adjacent street right of way (T Avenue);AND The SE Quarter of the SE Quarter of Section 31,Township 79,Range 26,Walnut Township,Dallas County,Iowa,EXCEPT Parcel A (Parcel #1231400008)and the north half of the adjacent street right of way (300th Street)and the west half of the adjacent street right of way (T Avenue);AND The East 57 acres of the North half of the SE Quarter of Section31,Township 79,range 26,Walnut Township,Dallas County,Iowa (Parcel #1231400007)and the west half of the adjacent street right of way (T Avenue),AND. The West 23 Acres of the North Half (N Y2)of the Southeast Quarter (SE Y4)of Section Thirty-one (31),Township Seventy-nine (79)North,Range Twenty-six (26)West,of the 5th P.M.Walnut Township,Dallas County,Iowa (Parcel #1231400006);AND The East 7 Acres of the South Half (S Y2)of the Southeast Quarter (SE Y4)of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township, Dallas County,Iowa (Parcel #1136400006)and the north half of the adjacent street right of way (300th Street);AND All EXCEPT the West 52.5 Acres of the following described tract of land: Commencing 1055 feet West of the Northeast corner of Lot 3,Section 2, Township 78 North,Range 27 West of the 5th P.M.,Van Meter Township,Dallas County,Iowa;thence West 1607 feet to the Northwest corner of Lot 4 in said Section;thence South 1569 feet,thence East 1024 feet;thence South 193 feet; thence East 583 feet;thence North 1762 feet to the place of beginning (Parcel # 1502100012)and the south half of the adjacent street right of way (300tl1 Street); AND The South Half (S Y2)of the Southeast Quarter of the Southwest Quarter (SE Y. SW Y.)of Section Thirty-one (31),Township Seventy-nine (79)North,Range Twenty-six (26)West of the 5th P.M.,Walnut Township,Dallas County,Iowa, containing approximately 18.5 acres,more or less (Parcel #1231300005 and (Parcel #1231300006)and the north half of the adjacent street right of way (300th 'Street);AND Commencing at the Northeast corner of Lot 3,Section 2,Township 78 North, Range 27 West of the 5th P.M.,Van Meter Township,Dallas County,Iowa,thence running West 1055 Feet,thence South 1762 feet;thence West 583 feet,thence South 75 feet;thence East 1638 feet to the East side of Lot 6 in said Section, thence North along the side of Lots 6 and 3,1837 feet to the place of beginning, containing 45 acres more or less (Parcel #1502100012)and the south half of the adjacent street right of way (300th Street);AND The Southwest Quarter (SW Y.)ofthe Southwest Quarter (SW Y.)of Section 31, Township 79 North,Range 26 West of the 5th P.M.,Walnut Township,Dallas County,Iowa,containing 46 acres,more or less (Parcel #1231300002)and the north half of the adjacent street right of way (300th Street);AND The South 7/20th of the Northeast Quarter (NE Y.)of the Southwest fractional Quarter (SW fr1l4)of Section Thirty-one (31),Township Seventy-nine (79)North, Range Twenty-six (26)West of the 5th P.M.,Walnut Township,Dallas County, Iowa,containing 14 acres,more or less (Parcel #1231300004),AND The North Half (N Y2)of the Southeast Quarter of the Southwest Quarter (SE Y. SW Y.)of Section Thirty-one (31),Township Seventy-nine (79)North,Range Twenty-six (26)West of the 5th P.M.,Walnut Township,Dallas County,Iowa, containing 20 acres more or less (Parcel #1231300004),AND The West 912.34 feet of the NW Quarter of the NW Quarter and the West 912.34 feet of the SW Quarter of the NW Quarter of Section 31,Township 79,Range 26,Walnut Township,Dallas County,Iowa (Parcel #1231100001)and the south half of the adjacent street right of way (US Highway 6),AND The East 660 feet of the West 1,572.34 feet of the NW Quarter of the NW Quarter and the East 660 feet of the West 1,572.34 feet of the SW Quarter of the NW Quarter of Section 31,Township 79,Range 26,Walnut Township,Dallas County,Iowa (Parcel #1231100003)and the south half of the adjacent street right of way (US Highway 6), AND The West 884.19 feet of the NW Quarter of the SW Quarter of Section 31,Township 79, Range 26,Walnut Township,Dallas County,Iowa (Parcel #1231300001)AND The East 660.98 of the West 1,545.17 feet of the NW Quarter ofthe SW Quarter of Section 31,Township 79 Range 26,Walnut Township,Dallas County,Iowa (Parcel #1231300007),AND The North 26.08 acres of the NE Quarter of the SW Quarter of Section 31,Township 79, Range 26,Walnut Township,Dallas County,Iowa (Parcel #12313000003),AND The SE Quarter of the NW Quarter of Section 31,Township 79,Range 26,Walnut Township,Dallas County,Iowa (Parcel #1231100004),AND The NE Quarter of the SE Quarter of Section 36,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1136400002),AND The Northwest Y.of the Northeast Y.of Section 36,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1136200001)and the south half of the adjacent street right of way (US Highway 6)and the east half of the adjacent street right of way (Richland Place),AND The Northeast Y.ofthe Northeast Y.of Section 36,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1136200002)and the south half of the adjacent street right of way (US Highway 6),AND The Southwest Y.of the Northeast Y.of Section 36,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1136200003)and the east half of the adjacent street right of way (Richland Place),AND The Southeast Y.of the Northeast '14 of Section 36,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1136200004),AND The Northwest '14 of the Southeast '14 of Section 25,Township 79,Range 27,Ade1 Township,Dallas County,Iowa (parcel #1125400001),AND The Northeast Y.of the Southeast Y.of Section 25,Township 79,Range 27,Adel Township,Dallas County,Iowa (parcel #1125400004)and the west half of the adjacent street right of way (S Avenue),AND The Southwest Y.of the Southeast Y.EXCEPT a Part of Parcel A as recorded in Bk 2006 Pg 18481 of Section 25,Township 79,Range 27,Adel Township,Dallas County,Iowa (parcel #1125400007)and the adjacent railroad right of way on the south half (S Y:.) thereof and the north half of the adjacent street right of way (US Highway 6),AND The Southeast y"of the Southeast y"EXCEPT a Part of Parcel A as recorded in Bk 2006 Pg 18481 of Section 25,Township 79,Range 27,Adel Township,Dallas County,Iowa (parcel #1125400008)and the adjacent railroad right of way on the south half (S Yz) thereof and the north half of the adjacent street right of way (US Highway 6)and the west half of the adj acent street right of way (S Avenue),AND A Part of the Southeast Quarter (SE y,,)of Section 25,Township 79 North,Range 27 West of the 5th P.M.,Dallas County,Iowa,more particularly described as follows: COMMENCING at the Southeast comer of said Section 25;THENCE North 90°00'00" West along the South line of said Southeast Quarter of Section 25,a distance of 883.08 feet;THENCE North 00°00'00"East a distance of 100.00 feet to the POINT OF BEGINNING;THENCE North 90°00'00"West a distance of 757.25 feet;THENCE North 01 °25'28"West a distance of 582.00 feet;THENCE South 89°29'35"East a distance of 756.53 feet;THENCE South 01 °30'56"East a distance of 575.33 feet to the POINT OF BEGINNING,containing 10.050 acres,more or less,hereafter,Parcel "A"as shown in the Plat of Survey filed in the office of the Dallas County Recorder in Book 2006 at Page 18481.(Parcel #1125400009)and the adjacent railroad right of way on the south half (S Yz)thereof and the north half of the adjacent street right of way (US Highway 6),AND The Northwest y"of the Southeast y"of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136400001)and the east half of the adjacent street right of way (Richland Place),AND The Northeast y"of the Southwest y"of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (parcel #1136300002)and the west half of the adjacent street right of way (Richland Place),AND The Southeast y"of the Southwest y"of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136300004)and the west half of the adjacent street right of way (Richland Place)and the north half of the adjacent street right of way (300th Street),AND The Northwest y"of the Southwest y"of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136300001),AND The Southwest y"of the Southwest y"of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136300003)and the north half ofthe adjacent street right of way (300th Street),AND The East 2 rods of the North 82 rods of East Yz of the Northeast y"of Section 35, Township 79,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1135200004)and the south half of the adjacent street right of way (US Highway 6),AND The Northwest Y.of the Northwest Y.of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136100001)and the south half of the adjacent street right of way (US Highway 6),AND The Northeast Y.of the Northwest Y.of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136100002)and the south half of the adjacent street right of way (US Highway 6)and the west half of the adjacent street right of way (Richland Place),AND The Southwest Y.of the Northwest Y.of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136100003),AND The Southeast Y.of the Northwest Y.of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136100004)and the west half of the adjacent street right of way (Richland Place),AND The Northeast Y.of the Northeast y.,of Section 35,Township 79 North,Range 27,West of the 5th P.M.,Adel Township,Dallas County,Iowa except the East two rods thereof and except a Parcel deeded by deed,recorded in Book 695,Page 605 and described as follows,The North 440 feet of the West 262 feet of the NE Y.of the NE Y.of Section 35, Township 79 North,Range 27 West of the fifth Principal Meridian,(parcel # 1135200003),and the south half of the adjacent street right of way (US Highway 6)and the east half of the adjacent street right of way (R-16),AND The Southeast Y.of the Northeast Y.of Section 35,Township 79 North,Range 27,West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1135200006)and the east half of the adjacent street right of way (R-16),AND A Parcel deeded by deed,recorded in Book 695,Page 605 and described as follows: The North 440 feet of the West 262 feet of the NE Y.of the NE Y.of Section 35, Township 79 North,Range 27 West of the 5th Principal Meridian (parcel #1135200002) and the south half of the adjacent street right of way (US Highway 6)and the east half of the adjacent street right of way (R-16),AND The Northwest Y.of the Northeast Quarter y.of Section 35,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County Iowa (Parcel #1135200001)and the south half of the adjacent street right of way (US Highway 6)and the west half of the adjacent street right of way (R -16),AND Containing 1,446.45 acres (including 72.48 acres of Right Of Way)more or less. Q.....§...a.r N 0(])Q 6 01 I~l ~~'"0'cl!~~~Zet\S~C:'"'I i ~I;~f ~;:;.It O::l c:ro (5 Qc>z.S!411 41' $1ii ~~ E ~""::;E~~£<c)c'o N 0 0 ~ -!D -..$_U)~cg '$ .:.::;Qj 0 ~I -iil~g.<:<:-"",lU_<:<:".S:::>0.0.«« "CD "'~0'"en ='!D.·'~~CD.-"'ll?i:lii..J =!J,Ill:!!!li?"jj'~N~~tPji@j"A~I~ PROPOSAL 2 LEGAL DESCRIPTION OF ANNEXATION The West 23 Acres of the North Half (N \1,)of the Southeast Quarter (SE Y.)of Section Thirty-one (31),Township Seventy-nine (79)North,Range Twenty-six (26)West,of the 5th P.M.Walnut Township,Dallas County,Iowa (parcel #1231400006);AND The East 7 Acres of the South Half (S \1,)of the Southeast Quarter (SE Y.)of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township, Dallas County,Iowa (parcel #1136400006)and the north half of the adjacent street right of way (300th Street);AND All EXCEPT the West 52.5 Acres of the following described tract of land: Commencing 1055 feet West of the Northeast comer of Lot 3,Section 2, Township 78 North,Range 27 West of the 5th P.M.,Van Meter Township,Dallas County,Iowa;thence West 1607 feet to the Northwest comer of Lot 4 in said Section;thence South 1569 feet,thence East 1024 feet;thence South 193 feet; thence East 583 feet;thence North 1762 feet to the place of beginning (Parcel # 1502100012)and the south half of the adjacent street right of way (300th Street); AND The South Half (S \1,)of the Southeast Quarter of the Southwest Quarter (SE Y. SW Y.)of Section Thirty-one (31),Township Seventy-nine (79)North,Range Twenty-six (26)West of the 5th P.M.,Walnut Township,Dallas County,Iowa, containing approximately 18.5 acres,more or less (Parcel #1231300005 and (Parcel #1231300006)and the north half of the adjacent street right of way (300th Street);AND Commencing at the Northeast comer of Lot 3,Section 2,Township 78 North, Range 27 West of the 5th P.M.,Van Meter Township,Dallas County,Iowa,thence running West 1055 Feet,thence South 1762 feet;thence West 583 feet,thence South 75 feet;thence East 1638 feet to the East side of Lot 6 in said Section, thence North along the side of Lots 6 and 3,1837 feet to the place of beginning, containing 45 acres more or less (Parcel #1502100012)and the south half of the adjacent street right of way (300th Street);AND The Southwest Quarter (SW Y.)of the Southwest Quarter (SW Y.)of Section 31, Township 79 North,Range 26 West of the 5th P.M.,Walnut Township,Dallas County,Iowa,containing 46 acres,more or less (Parcel #1231300002)and the north half ofthe adjacent street right of way (300th Street);AND The South 7/20th of the Northeast Quarter (NE Y.)of the Southwest fractional Quarter (SW fr 1/4)of Section Thirty-one (31),Township Seventy-nine (79)North, Range Twenty-six (26)West of the 5th P.M.,Walnut Township,Dallas County, Iowa,containing 14 acres,more or less (Parcel #1231300004),AND The North Half (N \1,)of the Southeast Quarter of the Southwest Quarter (SE Y. SW Y.)of Section Thirty-one (31),Township Seventy-nine (79)North,Range Twenty-six (26)West of the 5th P.M.,Walnut Township,Dallas County,Iowa, containing 20 acres more or less (Parcel #1231300004),AND The West 912.34 feet of the NW Quarter of the NW Quarter and the West 912.34 feet of the SW Quarter of the NW Quarter of Section 31,Township 79,Range 26,Walnut Township,Dallas County,Iowa (Parcel #1231100001)and the south half of the adjacent street right of way (US Highway 6),AND The East 660 feet of the West 1,572.34 feet of the NW Quarter of the NW Quarter and the East 660 feet of the West 1,572.34 feet of the SW Quarter of the NW Quarter of Section 31,Township 79,Range 26,Walnut Township,Dallas County,Iowa (Parcel #1231100003)and the south half of the adjacent street right of way (US Highway 6), AND The West 884.19 feet of the NW Quarter of the SW Quarter of Section 31,Township 79, Range 26,Walnut Township,Dallas County,Iowa (parcel #1231300001)AND The East 660.98 of the West 1,545.17 feet of the NW Quarter of the SW Quarter of Section 31,Township 79 Range 26,Walnut Township,Dallas County,Iowa (Parcel #1231300007),AND The North 26.08 acres of the NE Quarter of the SW Quarter of Section 31,Township 79, Range 26,Walnut Township,Dallas County,Iowa (Parcel #12313000003),AND The SE Quarter of the NW Quarter ofScction 31,Township 79,Range 26,Walnut Township,Dallas County,Iowa (Parcel #1231100004),AND The NE Quarter of the SE Quarter of Section 36,Township 79,Range 27,Ade1 Township,Dallas County,Iowa (Parcel #1136400002),AND The Northwest Y.of the Northeast Y.of Section 36,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1136200001)and the south half of the adjacent street right of way (US Highway 6)and the east half of the adjacent street right of way (Richland Place),AND The Northeast Y.of the Northeast Y.of Section 36,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1136200002)and the south half of the adjacent street right of way (US Highway 6),AND The Southwest Y.of the Northeast Y.of Section 36,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1136200003)and the east half of the adjacent street right of way (Richland Place),AND The Southeast Y.of the Northeast Y.of Section 36,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1136200004),AND The Northwest Y.of the Southeast Y.of Section 25,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1125400001),AND The Northeast Y.of the Southeast Y.of Section 25,Township 79,Range 27,Adel Township,Dallas County,Iowa (parcel #1125400004)and the west half of the adjacent street right of way (S Avenue),AND The Southwest Y.of the Southeast Y.EXCEPT a Part of Parcel A as recorded in Bk 2006 Pg 18481 of Section 25,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1125400007)and the adjacent railroad right of way on the south half(S Yz) thereof and the north half of the adjacent street right of way (US Highway 6),AND The Southeast Y.of the Southeast Y.EXCEPT a Part of Parcel A as recorded in Bk 2006 Pg 18481 of Section 25,Township 79,Range 27,Adel Township,Dallas County,Iowa (Parcel #1125400008)and the adjacent railroad right of way on the south half (S Yz) thereof and the north half of the adjacent street right of way (US Highway 6)and the west half of the adjacent street right of way (S Avenue),AND A Part of the Southeast Quarter (SE Y.)of Section 25,Township 79 North,Range 27 West of the 5th P.M.,Dallas County,Iowa,more particularly described as follows: COMMENCING at the Southeast corner of said Section 25;THENCE North 90°00'00" West along the South line of said Southeast Quarter of Section 25,a distance of 883.08 feet;THENCE North 00°00'00"East a distance of 100.00 feet to the POINT OF BEGINNING;THENCE North 90°00'00"West a distance of 757.25 feet;THENCE North 01 °25'28"West a distance of 582.00 feet;THENCE South 89°29'35"East a distance of 756.53 feet;THENCE South 01°30'56"East a distance of 575.33 feet to the POINT OF BEGINNING,containing 10.050 acres,more or less,hereafter,Parcel "A"as shown in the Plat of Survey filed in the office of the Dallas County Recorder in Book 2006 at Page 18481.(Parcel #1125400009)and the adjacent railroad right of way on the south half (S Yz)thereof and the north half of the adjacent street right of way (US Highway 6),AND The Northwest Y.of the Southeast Y.of Section 36,Township 79 North,Range 27 West ofthe 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136400001)and the east half of the adjacent street right of way (Richland Place),AND The Northeast Yt of the Southwest Yt of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136300002)and the west half of the adjacent street right of way (Richland Place),AND The Southeast Yt of the Southwest Yt of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136300004)and the west half of the adjacent street right of way (Richland Place)and the north half of the adjacent street right of way (300th Street),AND The Northwest Yt of the Southwest Yt of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136300001),AND The Southwest Yt of the Southwest Yt of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136300003)and the north half of the adjacent street right of way (300th Street),AND The East 2 rods of the North 82 rods of East Y,of the Northeast Yt of Section 35, Township 79,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (parcel #1135200004)and the south half of the adjacent street right of way (US Highway 6),AND The Northwest Yt of the Northwest Yt of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136100001)and the south half of the adjacent street right of way (US Highway 6),AND The Northeast Yt of the Northwest Yt of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136100002)and the south half of the adjacent street right of way (US Highway 6)and the west half of the adjacent street right of way (Richland Place),AND The Southwest Yt of the Northwest Yt of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136100003),AND The Southeast Yt of the Northwest Y4of Section 36,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1136100004)and the west half ofthe adjacent street right of way (Richland Place),AND The Northeast Yt of the Northeast Yt,of Section 35,Township 79 North,Range 27,West of the 5th P.M.,Adel Township,Dallas County,Iowa except the East two rods thereof and except a Parcel deeded by deed,recorded in Book 695,Page 60S and described as follows,The North 440 feet of the West 262 feet ofthe NE Yt of the NE Yt of Section 35, Township 79 North,Range 27 West of the fifth Principal Meridian,(Parcel # 1135200003),and the south half of the adjacent street right of way (US Highway 6)and the east half of the adjacent street right of way (R-16),AND The Southeast y,;of the Northeast y,;of Section 35,Township 79 North,Range 27,West of the 5th P.M.,Adel Township,Dallas County,Iowa (Parcel #1135200006)and the east half of the adjacent street right of way (R-16),AND A Parcel deeded by deed,recorded in Book 695,Page 605 and described as follows: The North 440 feet of the West 262 feet of the NE y,;of the NE y,;of Section 35, Township 79 North,Range 27 West of the 5th Principal Meridian (Parcel #1135200002) and the south half of the adjacent street right of way (US Highway 6)and the east half of the adjacent street right of way (R-16),AND The Northwest y,;of the Northeast Quarter y,;of Section 35,Township 79 North,Range 27 West of the 5th P.M.,Adel Township,Dallas County Iowa (Parcel #1135200001)and the south half of the adjacent street right of way (US Highway 6)and the west half of the adjacent street right of way (R -16),AND Containing 1,212.95 acres (including 61.75 acres of Right Of Way)more or less.