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HomeMy WebLinkAbout2012-10-22-Resolutions 12-236_NE Dartmoor Dr Extension - Warranty Deed - EasementsTHE CITY OF WAUKEE,IOWA RESOLUTION 12-236 APPROVING WARRANTY DEED AND EASEMENTS RELATED TO THE NE DARTMOOR DRIVE EXTENSION PROJECT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that the following documentation is necessary for the purpose of construction of the NE Dartmoor Drive Extension Proj ect: 1)Warranty Deed, 2)Temporary Construction Easement,and 3)Sanitary Sewer Easement;AND, WHEREAS,said warranty deed and easements shall be located on a portion of the property owned by West Bancorporation,Inc.,legally described as noted in the Warranty Deed, Temporary Construction Easement and Sanitary Sewer Easement,attached hereto as Exhibit A. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 22nd day of October,2012,that it hereby approves the Warranty Deed and easements related to the NE Dartmoor Drive Extension Project. Attest: Bradly M.eets,Interim City Administrator ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X X NAY ABSENT ABSTAIN X X v-/..---------~--- 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Book 2012 Page 19158 Document 19158 Type WD Pages 4Date10/26/2012 Time 1:33 PM Ree Amt $22.00 Aud Amt $5.00 MTG- PCRF- BKRF- Chad Airhart.Recorder 000 - Dalles County IOWA ole - 11111111111111111111111111111111111 Warranty Deed (Corporate/Business Entity Granter) THE IOWA STATE BAR ASSOCiATiON OfficIal Form #336 Recorder's Cover Sheet Preparer Information:(Name,address and phone number) Steven P.Brick,6701 Westown Parkway,Suite 100,West Des Moines,IA 50266,Phone:(515)274-1450 Taxpayer Information:(Name and complete address) City of Waukee 230 W.Hickman Road Waukee,IA 50263 Return Document To:(Name and complete address) City of Waukee 230 W.Hickman Road Waukee,IA 50263 Grantors: West Bancorporation,Inc. Grantees: City of Waukee,Iowa,a municipal corporation ENTERED UPON TRANSFER BOOKS OCT 26 2012 fi GENE KRUMM AUDITOR Legal description:See Page 2 Document or Instrument number of previously recorded documents: ©Th910wa Sla!1I Bar A5:mdulion 2005 IOWADOCSr:IIl Book 2012 Page 19158 1 of 4 I Steven P.Brick I FOR THE LEGAl.EFFECT OF THE USE OF THIS FORM,CONSUl.TYaUR LAWYER THE IOWA STATE BAR ASSOCIATION Official Form No.335 §~S'l''')~~~.. ~~~~l'i'oelp..'l::\o For the consideration of:':O':'n"'e===T:c::-Doiiar(s)and other vaiuable consideration,West Bancorporation,Inc, Warranty Deed (Corporate/Business Entity Grantor) .,.-;-;--:::-:::=".,."..----------------,.--,---,,..---,....,,.--.,-'a(n)cOl'pomtion organized and existing under the laws ofl;;o:;w;;:a=-,;;:::;-does hereby Convey toCitv of Waukee,Iowa,a municipal corporation -,;--;-_..,.-,,.,---,,,,.,---.,-the following described real estate in ...D"'a!±li~a~s County,Iowa: See Acquisition Plat attached hereto as Exhibit A The grantor 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 sin- gular or piural number,according to the context. Dated:10 I;/.//.,;;?O/;Z -'W7'-7e~st~B"'a"'n"c"'o:cJrp:"o"r"'at"io"'n"','_'I"'n"c'_,, a(n)cQrporation ~ 'By , I>vWl~e.l"'~e-PO By _ -------,------- STATE OF __..'ClO!..:.W~A~__,COUNTY OF &~ This instrument was ackno~dged before me on this by el!!~a /tp-J>/('••.Q...II,/Jt'/ as IE v(ff IL-C I"'"0 of West Bancorporation,Inc,~r~///.:$-/::r ,Notary Public 336 WARRANTY DEED (OORPORATE/BUSINESS ENTITY DEED)Revised June 2005@TtJ9loWaSlotaBnrAuoclal1on2005 lOWADOr:~ Book 2012 Page 19158 2 of 4 EXHIBIT A ACQUISITION PLAT AREA SUMMARY: WEST BANCORPORATION,INC, 1601 22NO STREET WEST DES MOINES,IA 50265 LEGAL DESCRIPTION -RIGHT OF WAY: A PART OF OUTLOT 0 AND OUTLOT E,OUTLOTS OF Tl-IE SOUTl-IWEST QUARTER SECTiON 27, T-79-N,R-26-W,IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA AND MORE PARTICULARLYDESCRIBEDASFOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID OUTLOT E;THENCE NORTl-I 89"34'24"EAST ALONG THE NORTH LINE OF SAID OUTLOT E,167,97 FEET TO THE POINT OF BEGiNNING;THENCE NORTH 89"34'24"EAST ALONG SAID NORTH LINE,70,00 FEET;THENCE SOUTH 00"00'00"EAST, 155,28 FEET;THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1035,00 FEET,WHOSE ARC LENGTH IS 184,52 FEET AND WHOSE CHORD BEARS SOUTH 05"06'27" WEST,184,28 FEET;THENCE SOUTH 10"12'53"WEST,8,27 FEET;THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1272,00 FEET,WHOSE ARC LENGTH IS 38,84 FEET AND WHOSE CHORD BEARS SOUTH 11"05'23"WEST,38,84 FEET TO THE SOUTHEAST CORNER OF SAID OUTLOT 0;THENCE SOUTH 89"34'24"WEST ALONG THE SOUTl-I LINE OF SAID OUTLOT 0, 71,77 FEET;THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1202,00 FEET,WHOSE ARC LENGTH is 52,11 FEET AND WHOSE CHORD BEARS NORTH 11"27'24" EAST,52,10 FEET;THENCE NORTH 10"12'53"EAST,8,27 FEET;Tl-IENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 965,00 FEET,WHOSE ARC LENGTH IS 172,04 FEET AND WHOSE CHORD BEARS NORTH 05"06'27"EAST,171.81 FEET;THENCE NORTH 00"00'00" EAST,154,76 FEET TO THE POINT OF BEGINNING AND CONTAINING 0,62 ACRES (27,D93 SQUARE FEET), PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD, DATE OF SURVEY: SEPTEMBER 2012 I HEIlfBY CERTIFY lHAT lHlS LAND SURVEYING DOCUMENT WAS PREPARED AND lHE REl..AlED SURVEY WORK YIAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND "ND~ lHAT I AM A DULY UCENSEO LAND SURVEYOR UNDER THE LAWS OF lHE STATE Of IOWA. o ""~e MiCHAEL D.f<,~~K'-fk'"'{-l./"/z...lIE::;---r.ttcHAEL D.LEf,PLS.""..15747 MY UCENSE RENEWAL DAlE IS DECEMBER 31,2012 PACES OR SHEETS COVERED BY THiS SEAL: SHEETS ONE AND TWO NE DARTMOOR DRIVE EXTENSION REV;09-21 12 WEST BANCORPORATION,INC.SHEET 1 OF 2,,[<SA.PN:1209.J663405CROSSROADSDRIVE,SUITE G,DAlE:09-17 12CIVILDESIGNADVANTAGEGRIMES,IOWA50111 PH:(515)369-4400 Fax:(515)369-4410 lECH: <0 If) (J) "OJ., Q C\Jre", -"'-b 0 .2"" EXHIBIT A NW COR,OUTLOT E OUTLOTS OF THE SW Xi SEC 27-79-26 FND 5/B"REBAR NE COR,OUTLOT E OUTLOTS OF THE SW Y4- SEC 27-79-26 FND 5/8"REBAR W/CAP #15268 N89'34'24"E 540.01'{M)NB9'59'03"E 540.01'{P) N89".34-'24"E 167.97'89D34'24"E 70.00'.....N89'34'24"E 302.04' POINT OF BEGINNING FOUND SET j4;~~7''-T'-T7''+--70.00'ROWLEGEND: .A L, •0 P M Ro AL SECTION CORNER AS NOTED 1/2"REBAR,CAP 916747 (UNLESS OTHER'MSt NOTED) PLATTED BEARING &:DISTANCE MEASURED BEARING &:DISTANCE RECORDED BEARING &DISTANCE DEEDED BEARING &:DISTANCE ARC LENGTH CENTERLINE SECTiON LINE EASEMENT LINE wisoooo UJ CURVE DELTA RADIUS LENGTH BEARJNG CHORD C1 10"12'53"1035.00'184-.52'S5'06'27"W 184.28' C2 1"44'59"1272.00'38.84'S11"05'23"W 38.84-' 03 2'29'02"1202.00'52.11'N11"27'24"E 52,10' C4 10"12'53"965.00'172.04'N5"06'27"E 171.81' COR,OUTLOT E OUTLOTS OF THE SW Y4- SEC 27-79-26 FND 5/8"REBAR S10'12'S3"W 1/')./'-a.27' SE COR,OUTLOT D OUTLOTS OF THEswY4-SEC 27-79-26 FND 5/B"REBAR 9 !.~):Sa9'34'24"W 71.7T(M)!EXIS;nNG Sa9'S9'03"W 71.7T(P)f~roZZJ FEE TITLE 10.00 PUEIf /~,~~~;n~~E .::!..~[g~~~~==~~N:E;D~A~R~T~M~O~O~R~D~R~I~V~E~EX~T~E~N~S~IO~N~ii~~N~;==i~""'~'~'O~"~-'~)-~"~~WEST BANCORPORATION,ING.;~~£lT2:9.:62~.A..34G5 CROSSROADS DRIVE,SUITE G,DATE:09-17-12 ~~CIVIL DESIGN ADVANTAGE PH:(515)~~~~go10'jY:x:5~~1~369-4410 TECH: SCALE (FEET)r-.-!o 50' co io OJ __L_._~.~...._ 1/111/111111111111/1111111111111 111111111111111111111111111111111111/11111111111111111111111111 Book 2012 Page 19159 Document 19159 Type EASE Pages 7Date113/26/21312 Time 1:33 PMReeAmt$37.1313 MTG-peRF _ BKRF_ 000 .... DIC ~ Chad Airhart.RecorderDallssCountyIOWA 1111""1111111""1111111111111111 RETURN TO AND BILL CITY OF WAUKEE 230 W HICKMAN RD WAUKEE,IA 50263 WHEN RECORDED RETURN TO: Steven P,Brick 6701 wcstown Parkway,Suite 100 West Des Moines,Iowa 50266 PrepareI'Infonnation:Steven P.Brick.6701 Westown Parkway.Suite 100 West Des Moines.Iowa 50266 (515)274-1450 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned,West Bancorporation,Inc.,an Iowa corporation,hereinafter collectively referred to as "Grantor",in consideration of the sum of One Dollar ($1.00),and other valuable consideration,in hand paid by the City of Waukee,Iowa,receipt of which is hereby acknowledged,do hereby sell,grant and convey unto the City of Waukee,Iowa,a municipal corporation,in the County of Dallas,State ofIowa,hereinafter referred to as "Grantee",a temporary construction easement under,through,and across the following described real estate: See Attached Exhibit "D"(the "Easement Area") That the above-described easement is granted unto the City of Waukee,Iowa,for the purpose of construction and installation of the following public improvements: CONSTRUCTION OF EXTENSION OF NE DARTMOOR DRIVE This temporary construction easement shall terminate and be of no force and effect one (I)year after the date of final completion and acceptance of said completed improvements by the City. The Grantee agrees to restore the Easement Area to a condition after construction substantially the same as prior to entry by the Grantee,except for any grading and above ground improvements which shall remain in place as part ofthe improvement.The surface of the Easement Area will be seeded or sodded andlor left in its natural state as shown on the proposed plans for the proj ect. The Grantor agrees that the improvements proposed herein,and the reasonable restoration of their property,as set forth in this easement aforesaid,shall be full and complete 1 Book 2012 Page 191591of7 satisfaction and consideration of and for this easement,and Grantor expresses agreement that no other liabifity shall attach or be charged or claimed against the Grantee as a result of or because of the construction of the improvement intended,orthe use of the easement herein granted. The Grantor does hereby covenant with the said Grantee,and successor-in-interest,that said Grantor holds said real estate by title and fee simple;has good and lawful authority to sell and convey the same;that said premises are free and clear of all liens and encumbrances whatsoever,except as may be herein stated;that said Grantor covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever,except as may be herein stated. ~NESS WHEREOF,we have hereunto affixed our hands thisto!!...,r ,2012. day of WEST BANCORPORATION,INC. ~.By:, Name:~II"7 STATEOF IOWA ) \,,£h )ss, COUNTY OF G&-tUe:) 6f( On this 9 ::::dayof {Qt!t'o6..r ,2012,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Oeu9JJS ZE J!v/Pll me personally known, who being by me dulysworn,did say that the person is the £tit?q.e 1'0 of West Bancorporation,Inc.,an Iowa corporation,and that the instrument was signed on behalf of said corporation by authority of its Board of Directors;and that said person acknowledged the execution of the foregoing instrument to be the voluntary act and deed ofthe corporation and by it voluntarily executed. tj"'.VEDAK.BERG",,,ON~T.Commission Number 713668••My ow -- ~e~~ Notary Public in and for the-'State ofIowa My Commission expires //-/6 -/3 2 Book 2012 Page 191592of7 EXHIBIT D ACQUISITION PLAT OWNER: WEST BANCORPORATION,INC. 1601 22NO STREET WEST OES MOINES,IA 50265 LEGAL DESCRIPTION -STORM SEWER EASEMENT: A PART OF OUTLOT E,OUTLOTS OF THE SOUTHWEST QUARTER SECTiON 27,T-79-N,R-26-W, IN THE CITY WAUKEE,OALLAS COUNTY,IOWA AND MORE PARllCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID OUTLOT E:THENCE NORTH 89'34'24"EAST ALONG THE NORTH LINE OF SAIO OUTLOT E,167,97 FEET;THENCE SOUTH 00"00'00"EAST, 20.76 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 00"00'00"EAST,21,00 FEET;THENCE SOUTH 45"34'17"WEST,15.50 FEET;THENCE NORTH 44'25'43"WEST,15,00 FEET,THENCE NORTH 45"34'17"EAST,30,20 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRES (343 SQUARE FEET). NW COR,OUTLOT E OUTLOTS OF THE SW Ji SEC 27-79-26 I »>:N89'34'24"E 540.01 '(M)N89"59'03"E 540.01 '(P)-----........\ --!~/-"N""89".:·3,-,4C!'2"':4'-"E~1",6,-,7.",97,-'"'1'~_;:;;:;:;;;;;;;;;;c'N ...8""9'i·3CC4'=-24'-"E=--"37'-'2...,O'-'4-'_~/1 ~ POINT OF BEGINNING I.......SO'OO'OO"E N45"3~~17~'~/:~;"600'00"E 15,'STORM /"//21.00' SEWER EASEMENT " N44"25'43"W I UJ 15.00'I;::: S45"34'17"W I 0:: 15.50'-:~ I 0I0 I ~I 0:: I «I 0 I UJ I Z I I NE COR,OUTLOT E OUTLOTS OF THE SW ~ SEC 27-79-26 SCALE (FEET) ~--!o 50'"Ol(\j 0- N (S)r-- N -50 0", CO NE DARTMOOR DRIVE EXTENSION WEST BANCORPORATION,INC. 3405 CROSSROADSDRIVE,SUITEG, REV:09 21 12 SHEET 1 Of 1 I'N:1209.366 CIVIL DESIGN ADVANTAGE PH:(5f5);:~~OIO~~5~\11369-44fO DATE;09-17 12 TECH: EXHIBIT D ACQUISITION PLAT OWNER: WEST BANCORPORATION,INC. 1601 22ND STREET WEST DES MOINES,IA 50265 LEGAL DESCRIPTION -TEMPORARY CONSTRUCTION EASEMENT: A PART OF OUTLOT D AND OUTLOT E,OUTLOTS OF THE SOUTHWEST OUARTER SECTION 27, T-79-N,R-26-W,IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF OUTLOT Y,THE VILLAGE AT GRACE WOOD,AN OFFICIAL PLAT:THENCE SOUTH 89'35'21"WEST ALONG THE SOUTHERLY LINE OF SAID OUTLOT D, 46.32 FEET;THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1152.00 FEET,WHOSE ARC LENGTH IS 39,28 FEET AND WHOSE CHORD BEARS NORTH 11'11'30" EAST,39.28 FEET:THENCE NORTH 10'12'53"EAST,8.27 FEET;THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 915.00 FEET,WHOSE ARC LENGTH IS 163.13 FEET AND WHOSE CHORD BEARS NORTH 5'06'27"EAST,162,91 FEET;THENCE NORTH 00'00'00"EAST, 154.39 FEET TO THE NORTH LINE OF SAID OUTLOT E;THENCE NORTH 89'34'24"EAST ALONG SAID NORTH LINE,50,00 FEET;THENCE SOUTH 00'00'00"EAST,154.76 FEET;THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 965,00 FEET,WHOSE ARC LENGTH IS 172.04 FEET AND WHOSE CHORD BEARS SOUTH 5'06'27"WEST,171.81 FEET;THENCE SOUTH 10'12'53"WEST,8.27 FEET;THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1202,00 FEET,WHOSE ARC LENGTH IS 52.11 FEET AND WHOSE CHORO BEARS SOUTH 11'27'24"WEST,52.10 FEET TO THE SOUTHERLY LINE OF SAID OUTLOT D;THENCE NORTH 00'25'36"WEST ALONG SAID SOUTHERLY LINE,21.73 FEET TO THE POINT OF BEGINNING AND CONTAINING 0,42 ACRES (18,303 SQUARE FEET). ~ ~ i.1------------,=""":n;;;-;;;V;"Oim;;-;c'C';m~""'w---------Tri'"';HH2lrNEDARTMOORDRIVEEXTENSIONRev,os at "!~~1~2~~""-..'I<SA WEST BANCORPORATION,INC.PN,izoe.see:.:3405 CROSSROADS DRIVE,SUITE G,DAT£:09 17 12 m ID m EXHIBIT D ACQUISITION PLAT N89·34'24"E 540.01'(M)NB9'59'o3"E 540.01'(P) NS9"34'24"E 50.00' NW COR,OUTLOT E ---11'- OUTlOTS OF THE SW X. SEC 27-79-26 50,00'TEMPORARY CONSTRUCTION EASEMENT //// //////I I / I /// ///// /I I / //// ///////////1/ N10012'5311E 8.27'-....///////// "//1/.://1/-:810012' //// ///I ///// U...../"1//"/"7"I ,I ///'/////I /////0 SS9"35'21"W 46.32'---'"V NE COR,OUTLOT 'y·,---./ THE VILLAGE AT GRACE WOOD 1/ 1~ND THE POINT OF BEGINNING ----N!)"25'36"W 21.73' ---------- TEMPORARY EASEMENT ~•• ill>a::oa::oo:2: ~;§ ill Z CURVE DELTA RADIUS LENGTH BEARING CHORD C1 1'57'14"1152.00'39.28'N11'11'30"E 39.28' C2 10'12'53"915,00'163.13'N5'06'27"E 162.91' C3 10'12'53"965.00'172.04'S5'06'27"W 171.81' C4 2'29'02"1202.00'52.11'S11"27'24"W 52.10' I I NE DARTMOOR DRIVE EXTENSION WEST BANCORPORATION,INC. 3405 CROSSROADS DRIVE,SUITE G, CIVIL DESIGN ADVANTAGE PH:(515)~:J~~~o IO~~~~~~1369-4410 SCALE (FEET) ~-!o 60' DATE:09 21 12 SHEET 2 OF 2 PN:1209.366 iii DATE:09-17 12 lECH: (J) In (J) EXHIBIT D ACQUISITION PLAT OWNER: WEST BANCORPORATION,INC. 1601 22ND STREET WEST OES MOINES,IA 50265 LEGAL DESCRIPTION -TEMPORARY CONSTRUCTION EASEMENT: A PART OF OUTLOT E AND OUTLOT F,OUTLOTS OF THE SOUTHWEST QUARTER SECTION 27, T-79-N,R-26-W,IN THE CITY OF WAUKEE,DALLAS COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAIO OUTLOT E;THENCE NORTH 89'34'24"EAST ALONG THE NORTH LINE OF SAID OUTLOT E,237.97 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89'34'24"EAST ALONG SAID NORTH LINE,25.00 FEET;THENCE SOUTH 00'00'00"EAST, 149.95 FEET;THENCE NORTH 56'09'40"EAST,200.88 FEET;THENCE SOUTH 79'11'18"EAST, 262.34 FEET;THENCE SOUTH 10'48'42"WEST,40.00 FEET;THENCE NORTH 79'11'18"WEST, 245.91 FEET;THENCE SOUTH 56'09'40"WEST,212.34 FEET;THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RAOIUS IS 1060.00 FEET,WHOSE ARC LENGTH IS 145.74 FEET AND WHOSE CHORD BEARS SOUTH 06'16'33"WEST,145.63 FEET;THENCE SOUTH 10'12'53" WEST,8.27 FEET;THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1297.00 FEET,WHOSE ARC LENGTH IS 34.12 FEET AND WHOSE CHORO BEARS SOUTH 10'58'06" WEST,34.12 FEET TO THE SOUTHERLY LINE OF SAID OUTLOT E;THENCE SOUTH 89'34'24"WEST ALONG SAID SOUTHERLY LINE,25.58 FEET TO THE SOUTHEAST CORNER OF OUTLOT 0,OUTLOTS OF THE SOUTHWEST QUARTER SECTION 27,T-79-N,R-26-W;THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1272.00 FEET,WHOSE ARC LENGTH IS 38.84 FEET AND WHOSE CHORD BEARS NORTH 11'05'23"EAST,38.84 FEET;THENCE NORTH 10'12'53"EAST, 8.27 FEET;THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1035.00 FEET,WHOSE ARC LENGTH IS 184.52 FEET AND WHOSE CHORD BEARS NORTH 05'06'27"EAST, 184.28 FEET;THENCE NORTH 00'00'00"EAST,155.28 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.64 ACRES (28,092 SQUARE FEET). ~"~"Ss£ !lr ~I~ •1,1-----------,============:;-;----------,-;;;""'==-1 ;;~[g~~~~=~~~N~E~D~A~R~T~M~O~O~R~D~R~I~V~E~E~XT~E~N~S!I~O~Ni~~~i~;==]~RE~V'~'~"~"~"~ SHEET 1 OF 2sWESTBANCORPORATION,INC.PN,"".3"~iii J"'::',A.3405CROSSROADSDRNE,SUITEG,DATE;09 17 12~1.1 '="'"~CIVIL DESIG~ADVANTAGE PH:(515)~:~~~~OIO~~~~~~1369_4410 TECH: OJIn OJ EXHIBIT D ACQUISITION PLAT NW COR,OUTLOT E OUTLOTS OF THE SW J.4SEC27-79-26 I N89"34'24"E 540.01 '(M)N89"59'03"E 540.01'(P)-----...... V A NS9"34'24"E;NS9"34'24"E 277.04'~ NE COR,OUTLOT E OUTLOTS OF THE SW J.4 SEC 27-79-26 f ////////J TEMPORARY EASEMENT CURVE DELTA RADIUS LENGTH BEARING CHORD C1 7'52'40"1060.00'145.74'S6'16'33"W 145.63' C2 1'30'26"1297.00'34.12'S10'58'06"W 34.12' C3 1'44'59"1272.00'38.84'N11'OS'23"E 38.84' C4 10'12'53"1035.00'184.52'N5'06'27"E 184.28' @ i1!r ~f SCALE (FEET)I ,-.-!o 80' I~~;~~~==~~~N~E~D~A~R~T~M~O~O~R~D~R~IV~E~E~X~T~E5N~S~IO~N;;;;;;~~=~~R~E!V'~"~21~'~'~ "~og; ~..WESTBANCORPORATION,INC.'HEET'OF'.•PN;1200.355 ~ 340S CROSSROADS DRIVE,SUITEG,I::)CIVIL DESIGN ADVANTAGE GRIMES,IOWAS0111 AllOATE;OS 17 12 PH:(515)3694400 Fax:(515)359-4410 TECH: m LD m Q) OJroo, N ~r--- -"0o ~r--- 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Book 2012 Page 19160 Document 19180 Type EASE Pages 7Date10/26/2012 Time 1:33 PM Rae Amt $37.00 MTG .... PCRF_BKRF _ Chad Airhart,Recorder ODO_Dallee County IOWA ole _ 11111111111111111111111111111111111 RETURN TO AND BILL CITY OF WAUKEE230WHICKMAN RD WAUKEE,IA 50263 WHEN RECORDED RETURN TO: Steven P.Brick 6701 Westown Parkway,Suite 100 West Des Moines,Iowa 50266 Preparer Information:StevenP.BIlCk.6701 Westown Parkway Suite 100 West Des Moines Iowa 50266 (515)274-1450 SANITARY SEWER EASEMENT KNOW TO ALL PERSONS BY THESE PRESENTS: 1.Grant of EasementCsl- That the undersigned,West Bancorporation,Inc.,an Iowa corporation (hereinafter referred to as the "Grantor"),in consideration of the sum of One Dollar ($1.00)and other good and valuable consideration,in hand paid by the City of Waukee, Iowa,receipt and sufficiency of which is hereby acknowledged,does hereby sell,grant, and convey to the CITY OF WAUKEE,IOWA,a municipal corporation,in the County of Dallas,State of Iowa,(hereinafter referred to as "Grantee"or "City"),a permanent and perpetual easement (hereinafter referred to as "Sanitary Sewer Easement"or "Easement(s)")and right-of-way upon,over,under,through and across the real property legally described as: SEE EXHIBIT "B"ATTACHED HERETO (hereinafter referred to as the "Easement Area") 2.Use and Purpose of EasementCs). This Easement shall be granted for the purpose oflocating sanitary sewer(s) (hereinafter referred to as "Sewer(s )")and to permit and allow the City to enter at any time upon,over,under,through,and across into said Easement(s)herein described to use as much of the surface and sub-surface thereof to construct,replace,locate,rebuild, enlarge,reconstruct,patrol,repair (including the right to place and build additional Sewer(s)therein or to connect and/or join Sewer(s)and appurtenances thereto)and to forever maintain Sewer(s)whenever necessary within the Easement(s)granted herein. Book 2012 Page 19160 1 of 7 No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3.Maintenance. After the initial construction of the Sewer(s),and acceptance by the City,the City agrees,as part of the reconstruction,maintenance and patrolling of the Sewer(s),to restore and replace the Easement area(s)to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor,except the City shall not be required to replace landscaping,trees,shrubs,bushes,landscape elements,structures,or underground water systems nor shall the City be required to restore the Easement area by reason of settlement,depression,or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area;and subsequent restoration by reason of settlement,depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor's sole expense. 4.Right of Access. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described,including,but not limited to,the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5.Hold Harmless. The Grantor agrees to indemnify and hold harmless the City,its elected officials, employees,officers,agents,representatives,contractors,and attorneys from and against any and all claims or demands for liability,loss,damage,costs,expenses,or attorney's fees of any kind for actions or omissions of the Grantor arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6.Running of 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,run with the land are binding upon and inure to the heirs assigns,successors,tenants and personal representatives ofthe parties hereto. 7.Jurisdiction and Venue. The City and the Grantor agree the District Court of the State ofIowa shall have exclusive jurisdiction over the subject matter and enforcement ofthe terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County,Iowa. Book 2012 Page 19160 2 of 7 ---'----_._-----------------------"------ 8.Words and Phrases. Words and phrases shall be construed as in the singular or plural number,and as masculine,feminine or neuter gender,according to context. 9.Parties. 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 West Bancorporation,Inc.,an Iowa corporation,their heirs,assigns,successors-in- interest,or lessees,if any. 10.Attorney's Fees. The City may enforce this instrument by appropriate action,and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incurred in such litigation. 11.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. 12.Paragraph Headings. The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with,the interpretation of this Agreement. Grantor does HEREBY COVENANT with the City that (i)Grantor holds said real estate described in this Easement Area by title in fee simple;(ii)that Grantor has good and lawful authority to convey the same;and (iii)said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive share,if any,in and to the interests conveyed by this Easement. 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. al.. Signed this -2.day of ro~c!OkF,2012. Book 2012 Page 19160 3 of 7 GRANTOR West Bancorporation,Inc. ~1 e"f>,CFo Person and title CITY OF WAUKEE ~ Attest: Bradly M.De'ets Interim City Administrator STATE OF IOWA ) )SS COUNTYOF6'o1;{) &t On this .s:day of ({}If.YCJ ,6"r ,20 I Z-;before me,the undersigned, aN otary Public in and for said County and the State of Iowa,personally appeared QOll .s.:;c .!kll"to me personally known,who beingbyme duly sworn,did say that that person is C1-(J,eo t>of West Bancorporation,Inc.,an Iowa corporation,and that the instrument was signed on behalf of the corporation by authority of its Board of Directors;that said person acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily executed.'f~'cf~~~~~~~~f7;~~'~iC£~'.MY~r Book 2012 Page 19160 4 of 7 STATE OF IOWA ) )SS )COUNTY OF DALLAS On this "I(~day of 6c&r",20 JL,before me,the undersigned, a Notary Public in and for said County and the State ofIowa,personally appeared William F.Peard and Bradly M.Deets,to me personally known,who being by me duly sworn,did say that they are the Mayor and Interim City Administrator/Clerk of the City of Waukee,Iowa,a municipal corporation,executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee,by it and by them voluntarily executed. j;''.REBECCAD.SCHUElTf~~Commission Number 716496••My Commission Expires ow May 13,2014 'pdW,4 p.,2JrJM:Jj Notary Public in and for the State ofIowa Book 2012 Page 191605of7 EXHIBIT B ACQUISITION PLAT OWNER: WEST BANCORPORATION,INC, 1601 22NO STREET WEST DES MOINES,IA 50265 LEGAL DESCRIPTION -SANITARY SEWER EASEMENT: A PART OF OUTLOT 0 AND OUTLOT E,OUTLOTS OF THE SOUTHWEST QUARTER SECTION 27, T-79-N,R-26-W,IN THE CITY WAUKEE,DALLAS COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID OUTLOT E;THENCE NORTH 89'34'24"EAST ALONG THE NORTH LINE OF SAID OUTLOT E,156,22 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89'34'24"EAST ALONG SAID NORTH LINE,11.75 FEET;THENCE SOUTH 00'00'00"EAST, 154.76 FEET;THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 965,00 FEET,WHOSE ARC LENGTH IS 172,04 FEET AND WHOSE CHORD BEARS SOUTH 05'06'27" WEST,171.81 FEET;THENCE SOUTH 10'12'53"WEST,8,27 FEET;THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1202,00 FEET,WHOSE ARC LENGTH IS 52,11 FEET AND WHOSE CHORD BEARS SOUTH 11'27'24"WEST,52,10 FEET TO THE SOUTHERLY LINE OF SAID OUTLOT D;THENCE NORTH 00'25'36"WEST ALONG SAID SOUTHERLY LINE,21,73 FEET TO THE NORTHEAST CORNER OF OUTLOT Y,THE VILLAGE AT GRACE WOOD,AN OFFICIAL PLAT;THENCE NORTH 09'38'04"EAST,133,41 FEET;THENCE NORTH 01'40'53"WEST,231,86 FEET TO THE POINT OF BEGINNING AND CONTAINING 0,06 ACRES (2,534 SQUARE FEET), r ~•l! !I@A NE DARTMOOR DRIVE EXTENSION WEST BANCORPORATION,INC. 3405 CROSSROADS DRIVE,SUITE G, REV'09 21 12 SHEET 1 OF 2 PN,1209.366 OA1E,09 17 12 1ECH,CIVIL DESIGN ADVANTAGE PH:(515)~:~~~610~~:5~~~13694410 EXHIBIT B ~156.22'/~372.04'I 'V I POINT OF BEGINNING -I N89"34'24"E I~1175'I.w>I0:::I Cl I 0:::IoIoI ::2:Iti::I '.,'0S«I 0'Cl I :\,'c,1.'0:0-Gw1.'.,,,-0 10/:0 \z O\)1.1/'.,\0 ' :\S'SSG "O?i'- 0'.,,,-0 ~""GO'"o S~'Oi'-" ,,'0'.,I'1'1 I I I CdR,OUTLOT E OUTLOTS OF THE SW Y.t SEC 27-79-26 I I ------~n------{I '.,'0S iJ I ~~J"'0 c'O "G·lJJ I0'«:\\~. OD'.,\;1/1'.,\0""'"?;II1.Qi'-co:\\)''O"G ,,0"f:'I"'.,,,-0 -,0'"Ol IIODS~J~"""G <:,,-?10"12'53"Ii :\'0 NE COR,OUTLOT 'Y':~8.27'!Ii ~x.-S THE VILLAGE AT GRACE WOOD \/ •-----,--U&I •NO"25'36"W I Ii21.73:~1----1_'-__ ~EXISTING Il10.00 PUE __EXISTING ~/15.00 PUE SCALE (FEET)il KXXXXI PERMANENT EASEMENT 5......, •-0 50' o;:~ i<O.-.1 ~NE DARTMOOR DRIVE EXTENSION~WEST BANCORPORATION,INC. NW COR,OUTLOT E- OUTLOTS OF THE SW i4 SEC 27-79-26 CURVE C1 C2 RADIUS CHORDDELTA 10"12'53" LENGTH BEARING 965.00'172.04'S5"06'27"W 171.81' 2"29'02"1202.00'52.11'S11"27'24"W 52.10' SANITARY SEWE~-----......... EASEMENT """ wis9ooisen REV:09 21 12 SflEE-T 2 OF 2 3405 CROSSROADS DRIVE,SUITE G,CIVIL DESIGN ADVANTAGE GRIMES,IOWA 50111PH:(515)369-4400 Fax:(515)369-4410 PI'{:1209.366 III DATE:09 17 12 ITCH: