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HomeMy WebLinkAbout2013-01-07-Resolutions 13-017_Little Walnut Creek Regional Lift Station - Agreement - Warranty Deed - EasementsTHE CITY OF WAUKEE,IOWA RESOLUTION 13-017 APPROVING AGREEMENT,WARRANTY DEED AND EASEMENTS BETWEEN BRODERICK FAMILY,L.P.,AND THE CITY OF WAUKEE, RELATED TO THE LITTLE WALNUT CREEK REGIONAL LIFT STATION PROJECT IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,the City has been in cliscussion with Broderick Family,L.P.,regarding the conveyance of certain property and easements intended to be used for the Little Walnut Creek Regional Lift Station Project (the "Project");AND, WHEREAS,Broderick Family,L.P.,has submitted an Agreement,Warranty Deed and Easements related to said Project. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 7th day of January,2013,that the Agreement,Warranty Deed and Easements referenced above and attached as an exhibit hereto is hereby approved. BE IT FURTHER RESOLVED that the City Clerk shall cause the original to be recorded upon the property by submitting the original to the Dallas County Recorder with the appropriate recording fees.~ tl~'d'Mayor ? Attest: Bradly M.Deefs,Interim City Administrator ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X NAY ABSENT ABSTAIN X X X 1111111 111111111111111111111111111111111111111111111111\IIIIIIIIIIIII~111111111111111111111111 Book 2013 Page 720 Document 7213 Type AGMNT Pages 18Date1/10/2013 Time 9:53 AM Rae Amt $82.03 Chad Airhart,RecorderDelIseCountyIOWA MTG- PCRF- BKRF- DOD - OIC - 11111111111111111111111111111111111 AGREEMENT Broderick Family,L.P.;City of Waukee,IA Recorder's Cover Sheet Preparer Information (name,address and phone number): Steven P.Brick Brick Gentry Law 6701 Westown Pkwy.,Ste.100 West Des Moines,fA 50266 Phone:(515)274-1450 Bill/Return Document to (name and complete address): Rebecca D.Schuett City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Phone:(515)987-4522 Legal Description:SEE DOCUMENT Document or Instrument Number of Previously Recorded Documents: Book 2013 Page 720 I of 16 WHEN RECORDED RETURN TO' Steven P.Brick 6701 Westown Parkway,Suite 100 West Des Moines,Jowa 50266 PreparerlnformaLion:Steven P.Brick.6701 Westown Parkway,Suite 100,West Des Moines Iowa 50266 (5151274-J450 AGREEMENT This Agreement (hereinafter referred to as "Agreement")is entered into this 1t!Lday of 'JaIlLla~,2013,by and between Broderick Family,L.P.,an Iowa limited partnership, (hereinafter referred to as "Property Owner")and the City of Waukee,Iowa,a municipal corporation (hereinafter referred to as the "City"). RECITALS: WHEREAS,the City plans to build sewer infrastructure North of Hickman Road and requires property owned by Property Owner to construct and install necessary infrastructure; AND WHEREAS,the City and Property Owner have reached an agreement concerning the acquisition of property from Property Owner to facilitate the project;AND WHEREAS,in consideration of the sums paid by the City pursuant to the agreement, Property Owner will convey certain real property as shown on Exhibit "An and the permanent Sanitary Sewer Easement as shown on Exhibit "B";and NOW,THEREFORE,the City and Property Owner,ill consideration of the promises and mutual obligations set forth ill this Agreement,and in reliance thereon,and for such other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, agree as follows: 1.Property Owner hereby agrees to convey to the City certain real property as shown on Exhibit "An,by Warranty Deed,free and clear of any liens or encumbrances,including but not limited to,any farm tenancies that presently exist,on the Closing Date in exchange for the sum of $13,950.00 dollars. 2.Property Owner hereby agrees to Convey to the City the Sanitary Sewer Easement as shown on Exhibit "B"and the Temporary Construction Easement as shown on exhibit "C",on the Closing Date,free and clear of any liens or encumbrances,including but not limited to,any farm tenancies that presently exist,in exchange for the sum of $46,004.00 dollars. 3.The Closing date shall be the 9th day of January 20 I3. 4.Property Owner wan-ants that it is the owner of the properly that is being conveyed in paragraph 1 and 2 and that there are no mortgages,liens and encumbrances or other persons or entities with any interest in the property,including but not limited to farm tenancies, that is being conveyed. Book 21313 Page 7213 2 of 16 5.It is intended that this Agreement shall run with the land and that it shall,in any event and without regard to technical classifications or designations,legal or otherwise,and except only as otherwise specifically provided in this Agreement,be binding for the benefit and in favor of,and enforceable by the City against Property Owner,its successors and assigns,and every successor-in-interest to any of the Property Owner or any part thereof,or any interest thereof,and any party in possession or occupancy of any of the property or any part thereof,and likewise be enforceable by Property Owner and its successors and assigns against the City. 6.This Agreement shall be construed in accordance with the laws of the State of Iowa. 7.This Agreement shall constitute the entire agreement between the City and Property Owner and supersedes all other written or oral agreements,discussions and negotiations regarding the subject matter herein in connection with the Project.The terms of this Agreement may not be amended except in writing by agreement of the City and Property Owner. 8.This Agreement is executed in two counterparts,each of which shall constitute one and the same instrument.A copy of this Agreement,including all Exhibits,shall be maintained in the office ofthe City Clerk ofthe City. IN WITNESS WHEREOF,the City has caused this Agreement to be dnly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested to by the City Clerk upon the authorization of the City Council and Property Owner has caused this Agreement to be duly executed by the parties authorized to so act on its behalf. CITY OF WAUKEE,IOWA -2- Book 2013 Page 720 3 of 16 STATE OF IOWA :SS COUNTY OF DALLAS On this jDfk day of ---1tlltL{4~,2013,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Wilham F.Peard and Brad Deets,to me personally known,who,being by me duly sworn,did say that they are the Mayor and Interim City Administrator,respectively,of the City of Waukee,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council EtS seRtEtinea m Ell.'t1inmtcG No.I'fltlSedby tIre dty Counc~under Roll Call No.1~~0I1 of the City Council on the :711'\day of 1q"'UIl~,2013,and that Mayor and Interim City Administrator,as such officers,acknowledge th execution of said instrument to be the voluntary act and deed of the City of Waukee,by them voluntarily executed. WAMAf.~ ~ ''.REBECCAD.SCHUETIt!~Commission Number 716496ze-E .••My Commission XpU8S lOW).May 13,2014 Notary Public in and for the State of Iowa My Commission expires 0'5"111;]/fl6)tt,I -3- Book 2013 Page 720 4 oil6 BRODERICK FAMILY,L.P.,an Iowa limited partnership Dated:1-'I ,2013 STATE OF IOWA COUNTY OF p~ On this t.j:f1"day of L~,2013,before me,the undersigned,a Notary Public in and f01'~e Stat~a,personally appeared ~;$ra,l{!4,l:.--J<.....and ~-,---;...'!,--,------£l to me personally known,who being by me duly sworn,did say that the person(s)~the f}6;,)~and ,respectively,of Broderick Family,L.P.,an Iowa limited partnership,and that the instrument was signed on behalf of said company by authority of its ;and that said persons acknowledged the execution of the foregoing instrument to he the voluntary act and deed of the company and by it voluntarily executed. iJ"'.DANIEL L.MANNINGf1:-Commission Number 145400•.•My Commission Expires IO\'lt-November "12,2014 a -4- Book 2013 Page 720 5 of 16 Addendum 1.Parcel "AA"in the Northeast Quarter ofthe Northeast Quarter (NE 1/4 NE 1/4)of Section 28,Township 79 North,Range 26 West ofthe 5th P.M.,Dallas County,Iowa.Said Parcel "AA"being more particularly described as follows: Commencing as a point of reference at the Northeast corner of said Section 28;thence South 00°22'44"West (all bearings referenced to Grid North Iowa Real Time Network, South Zone),a distance of222,89 feet along the East line of-said NE 114NE 1/4;thence North 89°37'16"West,a distance of33.00 feet to the West right-of-way ofN.Warrior Lane,said point being the point of beginning;thence South 00°22'44"West,a distance of 150.00 feet along said West right-of-way;thence North 89°37'16"West,a distance of 130.00 feet;thence North 00°22'44"East,a distance of 150.00 feet;thence South 89°37' 16"East,a distance of 130.00 feet to the point of beginning. Containing 19,500 square feet of 0.45 acres,more or less, This deed is exempt according to Iowa Code 428A.2(6). EXHIBIT I A Book 2013 Page 720 6 of 16 Prepared by:Steven P.Brick.6701 Westown Parkway.Suite 100.West Des Moines.IA 50266 (515)274-1450 Return to:Deputy City Clerk,City of Waukee.230 W.Hickman Road.Waukee.Iowa 50263 (515)987-4522 SANITARY SEWER EASEMENT(S) KNOW TO ALL MEN BY THESE PRESENTS: 1.Grant of Easementfs). The undersigned,Broderick Family L.P.,(hereinafter referred to as the "Grantor(s)"),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of One Dollar ($1.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does hereby sell,grant,and convey to the City of Waukee,Iowa,a municipal corporation (hereinafter referred to as "the 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: Perpetual Easement A perpetual sanitary sewer easement located in the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4)and in the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4),all in Section 28,Township 79 North,Range 26 West of the 5th P.M.,Dallas County,Iowa.Said perpetual easement being more particularly described in two (2)segments as follows: Segment 1 Perpetual easement segment 1 being more particularly described as follows: The West 57.00 feet of the East 90.00 feet of the North 1,150.00 feet of said SE 1/4 NE 114 of Section 28. Containing 65,550 square feet or 0.50 acres,1110re01'less. Segment 2 Perpetual easement segment 2 being more particularly described as follows: Page I of5 I EXHIBIT B Book 2013 Page 720 7 of 16 The West 57.00 feet of the East 90.00 feet of said NE 1/4 NE 1/4 of Section 28, lying South of Parcel "AN'. Containing 53,678 square feet or 1.23 acres,more or less.Total combined area containing 119,228 square feet or 2.73 acres,more or less. 2.Use and Purpose of Easement/a). a)This Easement shall be granted for the purpose of locating 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.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. This easement shall not be used for purposes other than as set forth above unless the Grantor and Grantee otherwise agree in writing, 3.Maintenance. After the initial construction of the Sewerts),and acceptance by the City,the City agrees, within a reasonable time after completion by the City of the activities it deems appropriate under paragraph 2,to the extent reasonably feasible,to restore the surface of 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(s). 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.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 and are binding upon and inure to the heirs, assigns,successors,tenants and personal representatives of the parties hereto. Page 2 of5 Book 2013 Page 720 8 of 16 6.Jurisdiction and Venue, The City and the Grantor(s)agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement ofthe terms and conditions of this Easement and said parties consent to the jurisdiction ofthe person being in Dallas County,Iowa, 7,Integration. This Agreement shall constitnte 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. 8.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 Grantor holds said real estate described in this Easement Area by title in fee simple;that Grantor has good and lawful authority to convey the same;and said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the lawful 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 acknowledgement hereof shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. Dated this _4...:.-1'--__day of Jv.,tI.UL.-V!,20 I~. Page 3 of5 Book 2013 Page 720 9 of 16 Broderick Family L.P.City of Waukee Person and title Attest:Attest: Person and title STATE OF XlJW-M.- COUNTY OF feU ) )SS: ) On this Ljft.-day of ~,20 13,before me,the undersigned, a Notary Public in and for saidCOUlltY11d State,personally appeared ~!3rdd?f/lcte:... and ,to me personally known,who,being by me duly sworn,did state that they are the Managing Partners,of said Limited Partnership and that said instrument is duly signed on behalf of said Limited Partnership with full and complete authority of said partnership;and that said ~vtJ71wjJand as such Managing Partners acknowledge the execution of said instrument to be the voluntary act and deed of said Limited Partnership,by it and by them voluntarily executed. :i''0.DANIELL.MM:v''I2'l-Commission Numbc .•~.."C•..My Commission Expire': ow November 12,2014 Notary Public in and for the State ofIo a Page4of5 Book 2013 Page 720 10 of 16 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this I~day of Ja I1U ,20.l3-,before me,the undersigned,a Notary Public in and for said Count and State personally appeared William F.Peard and Brad Deets,to me personally known,who being by me duly sworn,did say that they are the Mayor and 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. i''.REBECCAD.SCHUElTl\l'r-Commission Number 716496••My Commission Expires owl-May 13,2014 PageS of 5 Book 2013 Page 720 11 of 16 Preparer Infornlabon:Steven P.Brick.6701 Westown Parkway Suite 100.West Des Moines.Iowa 50266 rs 151 274-1450 Return to:Dcnuty City Clerk.City ofWaukee.230 W.Hickman Road.Waukee,Iowa 50263 rs 151987-4522 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: 1.The undersigned,Broderick Family L.P"(hereinafter referred to as the "Grantorfs)"),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of Dollars ($1.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does hereby sell,grant,and convey to the City of Waukee,Iowa,a municipal corporation (hereinafter referred to as "the City"),a temporary construction easement under,through,and across the real estate as described as: A temporary construction easement located in the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4)and in the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4),an in Section 28,Township 79 North,Range 26 West of the 5th P,M.,Dallas County,Iowa,Said temporary easement being more particularly described in two (2)segments as follows: Segment 1 Temporary easement segment 1 being more particularly described as follows: The West 75,00 feet of the East 165.00 feet of the South 488.00 feet of said NE 1/4 NE 1/4 of Section 28. Containing 36,600 square feet or 0.84 acres,more or less. Segment 2 Temporary easement segment 2 being more particularly described as follows: Commencing as a point of reference at the Northeast comer of said Section 28; thence South 00°22'44"West,222.89 feet along the East line of said NE 1/4 NE 1/4;thence NOIth 89°37'16"West,a distance of 163.00 feet to the Northwest Book 2013 Page 720 12 of 16 corner of Parcel "AA",said point being the point of beginning;thence South 00022'44"West,a distance of 150.00 feet along the West line of said Parcel "AA"to the South line of said Parcel "AA";thence South 87°37'16"East,a distance of73.00 feet along said South line to the West line of perpetual easement .segment 2;thence South 00°22'44"West,a distance of 303.43 feet along said West line of perpetual easement segment 2;thence North 90°00'00"West,a distance of 50.00 feet;thence North 00°22'44"East,a distance of 80.00 feet; thence South 90°00'00"East,a distance of 15.00 feet;thence North 00°22'44" East,a distance of 206.66 feet;thence North 89°37'16"West,a distance of 55.00 feet;thence North 00°22'44"East,a distance of 167.00 feet;thence South 89°37'16"East,a distance of17.00 feet to the point of beginning. Containing 15,309 square feet of 0.35 acres,more or less.Total combined area containing 51,909 square feet or 1.19 acres,more or less. 2.That the above-described easement is granted unto the City,for the purpose of construction and installation of SANITARY SEWER AND ASSOCIATED INFRASTRUCTURE. 3..This temporary construction easement shall terminate and be of no force and effect as of October 1,2013. 4.The City agrees,within a reasonable time after completion by the City of the activities it deems appropriate under paragraph 2,to the extent reasonably feasible,to restore 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(s). 5.The Grantors do hereby covenant with the City,that said Grantors hold said real estate by title in fee simple;that they have good and lawful authority to sell and convey the easement rights granted herein;that said premises are free and clear of all liens and encumbrances whatsoever,except as may be herein stated;and that said Grantors covenant to warrant and defend the said premises against the lawful claims of all persons whomsoever, except as may be herein stated. 6.The City shall have the right to access the Easement Area and have all lights 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. 7.The tenus and conditions of this Easement are binding upon the Grantor and the City including,but not limited to,future owners,developers,lessees or occupants.All provisions of this instrument,including benefits and burdens,run with the land and are binding npon and inure to the heirs,assigns,successors,tenants anel personal representatives of the parties hereto. EXHIBIT C Book 2013 Page 720 n of 16 8.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. The remainder of this page is intentionally left blank. EXHIBIT C Book 2013 Page 720 14 of 16 '-11M.-l,.;~Dated this day of ~-r ,20 ;3 . Broderick Family L.P.City of Waukee Person and title Attest:Attest: Person and title ;;,.j ""'"(,~_.~o,rlLL~.~_ Brad Deets~rim City Administrator STATE OF ;:r::·ov.reA-) )SS: )COUNTY OF p~ On this 4 i-t-day of ~~,2013 ,before me,the undersi a Notary Public in and for said CountY State,personally appeared'f.3 r.J'de. and ,to me personally known,who,being by me duly sworn,did state that they are the Managing Partners,of said Limited Partnership and that said instrument is duly signed on behalf of said Limited Partoership with full and complete authority of said partoership;and that said f!Iw.lYlt-fJ"{)J0iI(nd as such Managing Partners acknowledge the execution of said instrument to be the voluntary act and deed of said Limited Partnership,by it and by them voluntarily executed. :i'..DANIEL L.MAN~\l'J,IG~.r-Commission Number 1451'",:)0 .....My Commission Expires ow"November 12.,2014 Notary Public in and for the State of wa EXHIBIT C Book 2013 Page 720 15 of 16 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this tOt1'l day of 7/f 111L{tl.~,20 12;,before me,the undersigned, a Notary Public in and for said County and sate personally appeared William F.Peard and Brad Deets,to me personally known,who being by me dilly sworn,did say that they are the Mayor and 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,byit and by them voluntarily executed. i'A"REBECCA D.SCHUETT~AFCommission .N~mber 716496 IOW~My Cornrnlsslon Expires May 13,2014 EXHIBIT C Book 2013 Page 720 16 of 16 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Book 2013 Page 721 Document 721 Typa WD Pages 5 Date l/te/Z013 Time 9=53 AM Rec Amt $27.0121 Aud Amt $5.1210 MTG- PCRF- BKRF- Chad Airhart,Recorder ODD --Dellae County IOWA ole .... 11111111111111111111111111111111111 Warranty Deed (Corporate/Buslness Entity Grantor) THE IOWA STATE BAR ASSOCiATiON OfficIal Form #335 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,lA 50263 \:;.,\"l Return Document To:(Name and complete address) City of Waukee 230 W.Hickman Road Waukee,IA 50263 Grantors: Broderick Family L.P. Grantees: City of Waukee,Iowa,a municipal corporation ENTERED UPON TRANSFER BOOKS JAN 10 2013 ~ GENE KRUMM AUDITOR Legal uescnpnon:See Page 2 Document or instrument num ber of previously recorded documents: @ThelowllSleleBarA850clallon2005 IOWAOOCS® Book 2013 Page 721 1 of 5 THE IOWA STATE BAR ASSOOIATION I I FOR lHE.LEQALEFFEGT OF THE USE OF Offlollll:Form No.336 Steven P.Brick THIS FORM,CONSULT YOUR LAWYER "§fi.'Warranty DeedR-~..(CorporateIBusinessEntity Grantor)."--~ 1~"'OCll\."t\.O For the consideration of One Dollar(s)and other valuable consideration,Broderick Family L.P. , a(n)limited pmtnel'ship organized and existing under the laws oflowa does hereby Convey to City of Waukee,Iowa,a municipal corporation the following described real estate in Dallas County,Iowa: See 1 in Addendum The grantor hereby covenants with grantees,and successors in interest,that it holds the real estate by tltle.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 plural number,according to the context Dated:cla,h.eAl:!1/1 4,2013 i Broderick Family L.P.r a(n)limited partnership By ,)gHd'd",,-bde"'-'a ..!L._7I-• By , STATE OF IOWA ,COUNTY OF T~iS instrumAt wa:lcknowledged before me on this 110M d A,w_Ja'"t1?/.-i'V 2,d)? by S ",./YIe,V'd <l!t/;'r../e.-t [1/ as f.J~ of Broderick Family L,P. /UAA ~/J ::J I'd ._. ~DANIEL L.MANNING~'}Commission Number 145400 -?aryPUbliC••My Commission Expires ow November 12,2014 ©The Iowa Slale Bar A5~lIclelron 2:005 ~36WAHRAWiY DEED {CORPORATE/BUSINESS ENTJTY DEED}lOWADOCS@ Revlaed Jene 2005 Book 2013 Page 721 2 of 5 Addendum 1.Parcel "AA"in the Northeast Quarter ofthe Northeast Quarter (NE 1/4 NE 114)of Section 28,Township 79 North,Range 26 West of the 5th P.M"Dallas County,Iowa,Said Parcel "AN'being more particularly described as follows: Commencing as a point of reference at the Northeast comer of said Section 28;thence South 00°22'44"West (all bearings referenced to Grid North Iowa Real Time Network, South Zone),a distance of222.89 feet along the East line of said NE I/4 NE 1/4;thence North 89°37'16"West,a distance of33.00 feet to the West right-of-way of'N,Warrior Lane,said point being the point of beginning;thence South 00·22'44"West,a distance of 150.00 feet along said West right-of-way;thence North 89°37'16"West,a distance of 130.00 feet;thence North 00"22'44"East,a distance of 150.00 feet;thence South 89"37' 16"East,a distance of 130.00 feet to the point of beginning. Containing 19,500 square feet ofOA5 acres,more 01'less. This deed is exempt according to Iowa Code 428A.2(6), Book 2013 Page 721 3 of 5 PREPARED BY:VWIS1~H KIHI~.!NC.-JODO HES10KN PARKHAY-IIES1 DES HOINES,10MA60286-1320 -(615)225-BOO.o OWNER:PLAT OF SURVEY AOORESS: BRODERICK FOR PARCEL"AA"IN 2855 WARRIORLANE FAMILY L.P.NE 1/4 NE 1/4 ~IAVKEE,IA 50263 BOOK 1999 PAGE 014383 SEC 28~79-·2.6 PREPAflEDFOR: PARCELID:CITY OF WAUKEE.IA 12~28"200-002 DAre OF SURVEY: 11-28-12 LEGALDESCRIP110N Parcel "AA"in the Northeast Quarter of the Northeast QUarter(NE 1/4 NE 1/4)of Section 28.Township 79 North,Range.26 West of the 5t11 P.Moo Dallas County,101,a.Said Parcel "M"being more parti.cularly descr-ibed as f-ol101'1s: [:offilRsncing as a point of I"ef.erenca at the -Nsr·theast cor-ner-of said Section 28;thence South 00'22'44"West (all~earings referenced to Grid Nopth Iowa Heal Time Network.SoUth Zons),a dietancs of 222.89 fsst alon9 the East line of said NE 1/4 NE 1/4;thenGe North 89'37'16"West,a distanceof33.00 feet to tha West right-of-way of N.Warrior Lane, said point being ths point of beginning;thenceSouth00'22'44"West,a distance Of 150,00 feet along said West ri9ht-of-war thence North 89 '37'16"West,a di.stanceof130,00 fs~t;hence North '00'22'44"East,a distance of150.00 tee t:thence south 89 D37'16"East,i'l ·distance of130.00 feet to the point of beginning, Containing is,500 square feet of 0.45 acres,mope or less. SURVEY NOTES.~ 1)DISTANCES ARE U.S.•SURVEY FE~T GRID,SOUTH ZONE.~ 2lUNAOJUSTED ARgA OF CLOSURE LESS THAN i IN 10 000.~ 3lSUBJ6CT TO ANY AND ALL EASEMENTS AND RESTRICTfON6 OF RECORD."-"-"'".'1;1 ~~eD~~~~n~~~t~~3~~:tr~~~~II~<l~~r~~~y~~~~glI:~cu~ellt SUPPORTING DOCUMENTS .~ "~-,..-.,,--",~1rl<20l0 PGB37l -SU8,PLAT ~nuper'tislon ilnd that I ~tl a 1I1J1klll.;cnslld land!IUrveyor WilleI'tIm JaIlS of tho toto of 11)110,2 BI<5 PG335 -SUB.PLAT fiiSignodDateS3BI<2006 PG2103l -SURVEY I:c '2 4)BI<2006 PG2i"030 -"Be TIE bJ.•.,. 011111H.sor-onean,LS.IOWItLjcenae Nil,12972 My rtcenee rammol dU~Q ja ueeenner-3l,201.:1 Df'mdnmt covered bv lh)fI "Ol,,~i:Sheet t of <!lIllll -Sheat 2 ot 2 MAtE "-60'VlfIC PLAT OF SURVEY owe,NO. IIllAlIll ,~.FOR PARCEL"AA"IN&llECKED UA.NE .1/4 SEC 28-79~26 PS-1APPI\OY!iP OM·,,,.:l2-.1a-jjl·VEfNSTRA &KIMM,INC,SOQa WB!taJ'rn fl1Jl.'oY/l.Y ~Dc1 MafnH,lol\'/t ~1}2lia-t32D 1 OF 2 A.C..J1.s-22/HlDOO .t1f5-:W1 ...}'{J48{l'/LlQ sOOoUt.:aU(1(I (lV ....TS)PflN<.cr 218i!A5 Book 2013 Page 721 4 of 5 PREPAREOBY:VEENSTRA0 KIMM,INC.-3000 RESTOII!IPARKWAY-REST OES (IOINES,10WA 5026lH320 -(515)225-8000 OWNER: 6ROO~RICK-FAMILY L.P; BOOK 1999 PAGE 014363 PARCEL 10: 12-2B-200"002 PLAT OF SURVEY FOR PAAC~L"AA"IN NE 1/4 NE 1/4SEC26-79-26 AJ;lDRE6S'- 2855 WARRIORLANE WAUI<EE,IA 50263 PREPARED-FOR: CITY OF WAUKEE,IA DATE OF SURVSY: 11-26-12 t>,C8SSSA\--\U--..,--------------r-:;::~~-- NOO'22'44 "_~ 150.00' GRID NORTHIOWARTN(SOUTH ZONE) 1"050'______i o 60 120 ~~ol 1IIIIIIIIlCuC:If}I ~NB9'37'16"~1 !II130.00'i IIi iii I I §Ee/~8-79-26 ~~~ FOUND GUT"X'~ P.O.C, NE CORNERSEC28-79-26 FOUNO j"I.R. I I I I I II1 I -I '" I::::I ~mIIla.1 ru~ '"0 I •(\Jt-.0 0(\1I~rri llij I '"'"I ~I .,...-SB9'37'16"E___.,i J \ /'130.00'-,1/\J .... P.O B, LEGEND A FOUND SECTION CORNER o SET 3/4"I.P.I'I/ORANGECAPII18370IePARCEL"AA"19,500 Sa.FT.OR 0.45 ACRES '".. W~1"·tO· ~ PLAT OF SURVEY OWG.NO.~~T~FOR PARCEL"AA "IN caE:CKED '"NE 1/4 SEC 28 79 26 PS-jAP;'IilIVE!I ". bATE l2-il!-li!VEENSTRA &KlMM,fNC,3000W&t01m MWi'Q',Wert Dg Moln~"lo,,~5026&.1320 2 OF 2 A,n,5JS.2Z5-ll000 ,5'S-1'l5<7tWJ (tA.'O tl'Oj}-U1-lJIIOO(WAJ~)fllo;M:Cl a7~~4b ""''1'\0 NmNN•lDo·ill'" tuz -<{ -I IT:0 -)H IIT:Ia:I<{ 3: Z Book 2013 Page 721 5 of 5 1111111 1111111111 11111 1m 11111111111111111111111111111111111111111111111111111111111111111111 Book 2013 Page 721 Document GWH721 Type GWH Pages 3 Date 1/10/2013 Time 9:53 AM Ree Amt $.e0 MTG - PCRF- 8KRF- Chad Airhart.Recorder 000 - Dallas County IOWA ole ... 11111111111111111111111111111111111 REAL ESTATE TRANSFER·GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Broderick Family L.P. Address 500 N Wan-ior Lane,Waukee,IA 50263 Number and Street OT RR City,Town or P.O.State Zip TRANSFEREE: Name City ofWaukcc Address 230 W.Hiclonan Road,Waukee,IA 50263 Number and Street or RR City,Town or P.O.State Zip Address of Property Transferred: (:),~\",,,,~ umber and Slreet or HR City,Town or P.O.Slate Zip Legal Description of Property:(Attach if necessary)--=S:..:c:..:c--=l--=in:..::..:A.::.;d:..:d:..:c:..:nd:..:U1ll=_ 1.Wells (check one) _There are no known wells situated on this property ..x There is a well or wells situated on this property.The type(s},location(s}and legal status are stated below or set forth on an attached separate sheet,as necessary. 2.Solid Waste Disposal (check one).x There is no known solid waste disposal site on this property. _There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1,attached to this document. 3.Hazardous Wastes (check one).x There is no known hazardous waste on this property. _There is hazardous waste on this property and information related thereto is provided in Attachment #1,attached to this document. 4.Underground Storage Tanks (check one).x There are no known underground storage tanks on this property.(Note exclusions such as small farm and residential motor fuel tanks,most heating oil tanks,cisterns and septic tanks,in instructions.) _There is an underground storage tank on this property.The type(s),size(s}and any known substance(s}contained are listed below or on an attached separate sheet.as necessary. FILE WITH RECORDER DNR form 542·0960 (July 18,2012) Gt>ll-\ Book 2013 Page 721 1 "f ::\ 5.Private Burial Site (check one}X There are no known private burial sites on this property. _There is a private burial site on this property.The location(s)of the site(s)and known identifying information of the decedent(s)is stated below or on an attached separate sheet,as necessary. 6.Private Sewage Disposal System (check one) _All buildings on this property are served by a public or semi-public sewage disposal system. _This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system.A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources.A certified inspection report must be accompanied by this form when recording. _There is a building served by private sewage disposal system on this property.Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted.The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection.A copy of the binding acknowledgment is attached to this form. _There is a building served by private sewage disposal system on this property.The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period.A copy of the binding acknowledgment is provided with this form. _There is a building served by private sewage disposal system on this property.The building to which the sewage disposal system is connected will be demolished without being occupied.The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period.A copy of the binding acknowledgment is provided with this form.[Exemption #9].x.This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note:for exemption #9 use prior check box]:-,,_6=-("'1"')'-----,--,----- _The private sewage disposal system has been installed within the past two years pursuant to permit number _ Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DeCLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature:__~--,er==j2>=~=.-------~---------Telephone No.:5;<::Z()'V '2-</92--- (Transferor or Agent) FILE WITH RECORDER DNR form 542·0960 (July 18,2012) C;WI-\ Book 2013 Page 721 2 of 3 Addendum 1.Parcel "AA"in the Northeast Quarter of the Northeast Quarter (NE 114NE 1/4)of Section 28,Township 79 North,Range 26 West of the 5th P.M.,Dallas County,Iowa.Said Parcel "AA"being more particularly described as follows: Commencing as a point of reference at the Northeast corner of said Section 28;thence South 00°22'44"West (all bearings referenced to Grid North Iowa Real Time Network, South Zone),a distance of222.89 feet along the East line of said NE 114 NE 1/4;thence North 89°37'16"West,a distance of33.00 feet to the West right-of-way ofN.Warrior Lane,said point being the point of beginning;thence South 00°22'44"West,a distance of 150.00 feet along said West right-of-way;thence North 89°37'16"West,a distance of 130.00 feet;thence North 00°22'44"East,a distance of 150.00 feet;thence South 89°37' 16"East,a distance of 130.00 feet to the point of beg inning. Containing 19,500 square feet of 0.45 acres,more 01'less. GW~Book 2013 Page 721 3 of 3 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Book 2013 Page 722 Document 722 Type EASE Pages 5Date1/10/2013 Tima 9:58 AM Ree Amt $27.0a MTG- PCRF- BKRF- Chad Airhart,Recorder ODD - Dallae County IOWA ole - 11111111111111111111111111111111111 Prepared by:Steven P.Brick.6701 Westown Parkway,Suite 100.West Des Moines.IA 50266 (515)274-1450 ~",}Return to:Deputy City Clerk.City of Waukee,230 W.Hickman Road.Waukee.Iowa 50263 (515)987-4522 SANITARY SEWER EASEMENT(S) KNOW TO ALL MEN BY THESE PRESENTS: 1.Grant of Easementrs). The undersigned,Broderick Family L.P.,(hereinafter referred to as the "Grantor(s)"),of the City of Waukee,Dallas County,Iowa,in consideration of the sum of One Dollar ($1.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,does hereby sell,grant,and convey to the City of Waukee,Iowa,a municipal corporation (hereinafter referred to as "the 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: Perpetual Easement A perpetual sanitary sewer easement located in the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4)and in the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4),all in Section 28,Township 79 North,Range 26 West of the 5th P.M.,Dallas County,Iowa.Said perpetual easement being more particularly described in two (2)segments as follows: Segment 1 Perpetual easement segment 1 being more particularly described as follows: The West 57.00 feet of the East 90.00 feet of the North 1,150.00 feet of said SE 1/4 NE 1/4 of Section 28. Containing 65,550 square feet or 0.50 acres,more or less. Segment 2 Perpetual easement segment 2 being more particularly described as follows: Page 1 of 5 Book 2013 Page 722 1 of 5 The West 57.00 feet of the East 90.00 feet of said NE 1/4 NE 1/4 of Section 28, lying South of Parcel "AA". Containing 53,678 square feet or 1.23 acres,more or less.Total combined area containing 119,228 square feet or 2.73 acres,more or less. 2.Use and Purpose of Easementts). a)This Easement shall be granted for the purpose of locating 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.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. This easement shall not be used for pnrposes other than as set forth above unless the Grantor and Grantee otherwise agree in writing. 3.Maintenance. After the initial construction of the Sewer(s),and acceptance by the City,the City agrees, within a reasonable time after completion by the City of the activities it deems appropriate under paragraph 2,to the extent reasonably feasible,to restore the surface of the Easement area(s)to substaotially the same condition as prior to the time of entry,01'as agreed upon by the City aod the Grantor(s). 4.Right of Access. The City shall have the right of access to the Easement Area and have all rights of ingress aod 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.Rumling of Benefits and Burdens. The terms aod 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 aod burdens,run with the land and arc binding upon and inure to the heirs, assigns,successors,tenants and personal representatives of the parties hereto, Page 2 ofS Book 2013 Page 722 2 of 5 6.JUlisdiction and Venue. The City and the Grantor(s)agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subj ect matter and enforcement of the terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County,Iowa. 7.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. 8.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 Grantor holds said real estate described in this Easement Area by title in fee simple;that Grantor has good and lawful authority to convey the same;and said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the lawful claims of all persons whomsoever. Each ofthe 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 acknowledgement hereof shall be construed as in the singnlar or plural number,and as masculine or feminine gender,according to the context. u-p-..I .Dated this _-_l __day of ~!'{4.A·7 ,20~. Page 3 of5 Book 2013 Page 722 3 of 5 Broderick Family L.P. Person and title Attest: Person and title STATE OF X{)t.vA-- COUNTY OF fo-tlt, ) )SS: ) City of Waukee Attest: On this '-tft-day of ~~,20 13,before me,the undersigned, a Notary Public in and for said Countynd State,personally appeared ~J2rtJde-!/)CbL and ,to me personally known,who,being by me duly sworn,did state that they are the Mauaging Partners,of said Limited Partnership and that said instrument is duly signed on behalf of said Limited Partnership with full and complete authority of said partnership;and that said ~~and as such Managing Partners acknowledge the execution of said instrument to be the voluntary act and deed of said Limited Partnership,by it and by them voluntarily executed. :i''-.DANIEL L.MAVV''jg~Commission Numbc....~..;(,..•My Commission Expire'] ow November 12)2014 Notary Pnblic in and for the State of 10 a Page 4 of5 Book 2013 Page 722 4 of 5 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this IO-\'!.\day of T4IH,{a~,20~,before me,the undersigned,a Notary Public in and for said County nd State personally appeared WIlliam F.Peard and Brad Deets,to me personally known,who being by me duly sworn,did say that they are the Mayor and 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. "REBECCA D.SCHUETT Slo'l':t.,r~Commission Number 716496~A~My Commission Expires lOW'"May 13.2014 Notary Public in and for the State ofIowa Page 5 of5 Book 2013 Page 722 5 of 5 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 Book 2013 Page 723 Document 723 Type EASE Pages 5Date1/1~/2B13 Time 9:53 AMReeAmt$27.00 MTG-- PCRF- BKRF- ODD -ole "-Chad Airhart.RecorderDallasCountyIOWA 11111111111111111111111111111111111 Preparerlnformation:Sleven P.Brick,6701 Weslown Parkway,Suite 100.West Des Moines,Iowa 50266 (5151 274-1450 6:\\(Return to:Deputy City Clerk,City o[Waukee,230 W,Bielonan Road,Waukee,Iowa 50263 (515)987-4522 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: 1.The undersigned,Broderick Family L.P.,(hereinafter referred to as the "Grantorls)"),of the City of Waukee,Dal1as County,Iowa,in consideration of the sum of Dollars ($1.00)and other good and valuable consideration,the receipt and snfficiency of which is hereby acknowledged,does hereby sell,grant,and convey to the City of Waukee,Iowa,a municipal corporation (hereinafter referred to as "the City"),a temporary construction easement under,through,and across the real estate as described as: A temporary construction easement located in the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4)and in the Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4),all in Section 28,Township 79 .North,Range 26 West of the 51b P.M"Dallas County,Iowa,Said temporary easement being more particularly described in two (2)segments as follows: Segment 1 Temporary easement segment 1 being more particularly described as follows: The West 75.00 feet of the East 165.00 feet of the South 488.00 feet of said NE 1/4 NE 1/4 of Section 28, Containing 36,600 square feet or 0.84 acres,more or less. Segment 2 Temporary easement segment 2 being more particularly described as follows: Commencing as a point of reference at the Northeast comer of said Section 28; thence South 00°22'44"West,222,89 feet along the East line of said NE 1/4 NE 1/4;thence North 89°37'16"West,a distance of 163,00 feet to the Northwest 1 Book 2013 Page 723 1 of 5 corner of Parcel "AN',said point be:ing the point of beginning;thence South 00°22'44"West,a distance of 150.00 feet along the West line of said Parcel "AA"to the South l:ine of said Parcel "AN';thence S011th 87°37'16"East,a distance of73.00 feet along said South line to the West line of perpetual easement segment 2;thence South 00°22'44"West,a distance of 303.43 feet along said West l:ine of perpetual easement segment 2;thence North 90°00'00"West,a distance of 50.00 feet;thence North 00°22'44"East,a distance of 80.00 feet; thence South 90°00'00"East,a distance of 15.00 feet;thence North 00°22'44" East,a distance of206.66 feet;thence North 89°37'16"West,a distance of 55.00 feet;thence North 00°22'44"East,a distance of 167.00 feet;thence South 89°37'16"East,a distance of 17.00 feet to the point ofbeginn:ing. Contain:ing 15,309 square feet of 0.35 acres,more or less.Total combined area containing 51,909 square feet or 1.19 acres,more or less. 2.That the above-described easement is granted unto the City,for the purpose of construction and installation of SANITARY SEWER AND ASSOCIATED INFRASTRUCTURE. 3.This temporary construction easement shall terminate and be of no force and effect as of October 1,2013. 4.The City agrees,within a reasonable time after completion by the City of the activities it deems appropriate under paragraph 2,to the extent reasonably feasible,to restore 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(s). 5.The Grantors do hereby covenant with the City,that said Grantors hold said real estate by title in fee simple;that they have good and lawful authority to sell and convey the easement rights granted herein;that said premises are free and clear of all liens and encumbrances whatsoever,except as may be herein stated;and that said Grantors covenant to warrant and defend the said premises against the lawful claims of all persons whomsoever, except as may be herein stated. 6.The City shall have the right to access 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. 7.The tenus and conditions of this Easement are binding upon the Grantor and the City :inc1ud:ing,but not limited to,future owners,developers,lessees or occupants.All provisions of this instrument,including benefits and burdens,run with the land and are binding upon and :inure to the heirs,assigns,successors,tenants and personal representatives of the parties hereto. 2 Book 2013 Page 723 2 of 5 8.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, The remainder of this page is intentionally left blank. 3 Book 2013 Page 723 3 of 5 ·fh ..LAMdA'VDatedthis_4-'--__day of ~,20~. Broderick Family L.P.City of Waukee Person and title Attest:Attest: Person and title COUNTY OF p~- ) )SS: ) STATE OF ;J;."v.-rbL On this 4 k-day of ~,2013 ,before me,the undersi ed, a Notary Public in and for said C~State,personally appeared ~16 y;)'de. and ,to me personally known,who,being by me duly sworn,did state that they are the Managing Partners,of said Limited Partnership and that said instrument is duly signed on behalf of said Limited Partnership with full and complete authority of said partnership;and that said .P/wne..fJriJ/~d as such Managing Partners acknowledge the execution of said instrument to be the voluntary act and deed of said Limited Partnership,by it and by them voluntarily executed. iJ''.DANIEL L.MANNING ~~Commission Number 145400 ..•My CommIssion Expires Jow November12,2014 Notary Public in and for the State of wa 4 Book 2013 Page 723 4 of 5 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this 10111 day of Jtl vi L{.t~,20J3..,before me,the undersigned, a Notary Public in and for said County and S ate personally appeared Wilham F.Peard and Brad Deets,to me personally known,who being by me duly sworn,did say that they are the Mayor and 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. ~ .,",REBECCAD.SCHUETTfFCommissionNumber716496 ovW'My Commission Expires May 13,2014 5 Book 2013 Page 723 5 of 5