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HomeMy WebLinkAbout2013-04-15-Resolutions 13-098_Alice's Rd Corridor - Ashworth to University - Development Agr - ARACTHE CITY OF WAUKEE,IOWA RESOLUTION 13-098 APPROVING DEVELOPMENT AGREEMENT RELATED TO ALICE'S ROAD CORRIDOR PROJECT BETWEEN THE CITY OF WAUKEE,IOWA,AND ARAC,LLC;CHARLES SANFORD SWALLOW AND TERRY IRENE SWALLOW TRUST;TKC REAL ESTATE,LLC;AND KE BREWER,LLC IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas COlUIty,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,the City has been in discussion with certain property owners regarding the conveyance by donation of certain rights-of-way and/or easements that are intended to be used for the Alice's Road Corridor Project south of University Avenue in Waukee (the "Project");AND, WHEREAS,ARAC,LLC;Charles Sanford Swallow and Terry Irene Swallow Trust; TKC Real Estate,LLC;and KE Brewer,LLC have submitted a Development Agreement related to said Proj ect. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 15th day of April,2013,that the Development Agreement 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,~.~ illi F.Pe d,May r Attest: ~\~/?~~ ROLL CALL VOTE Shane Blanchard Casey L.Harvey Shelly Hughes Mike Watts VACANT SEAT AYE X X X X NAY ABSENT ABSTAIN /1111111111111111 Ill/IIIII "II/11111111111111111111111111111 1I1111111111ll/1 1111111111 /11/1111 Book 2013 Page 7598 Docum&nt 7588 Type AGMNT Pq9BS 2SOate4/2B/2e13 Tima 2:50 PMRecAmt$127.1210 NTG _ peRF 8KRF: 000ole:, Chad Airhe~t~RecorderDallaaCountyIOWA 1111111/JI/II 1/1111 11111I""111111 DEVELOPMENT AGREEMENT ARAC,LLC;Charles Sanford Swallow and Terry Irene Swallow Trust; TKC Real Estate,LLC;KE Brewer,LLC;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,IA 50266 Phone:(515)274-1450 Bill/Return Document to (name and complete address): RebeccaD.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 7598 1 of 25 WHEN RECORDIID RE11JRNTO' Steven P.Brick 6701 Westown Parkway,Suite 100 West Des Moines.Iowa 50266 Preparer Infonnation:Steven P.Brick.6701 Westown Parkway.Suite 100 West Des Moines Iowa 50266 (515)274-1450 DEVELOPMENT AGREEMENT T~Development Agreement (hereinafter referred to as "Agreement")is entered into this ~t((iiy of Apci \,2013,by and between ARAC,LLC,an Iowa limited liability company,Charles Sanford Swallow and Terry Irene Swallow Trust dated 10-22-98,TKC Real Estate,L.L.C.,an Iowa limited liability company,KE Brewer,L.L.C.,an Iowa limited liability company (hereinafter collectively referred to as "Property Owners"),and The City of Waukee, Iowa,a municipal corporation (hereinafter referred to as the "City"). RECITALS: WHEREAS,Property Owners are the owners of certain property legally described as: Government Lot 15,in Section 4,Township 78 North,Range 26 West of the 5th P.M.City of Waukee,Dallas County,Iowa and West 3/8ths of the Southeast Quarter of Section 4,Township 78 North, Range 26 West of 5th P.M.City of Waukee,Dallas County,Iowa (are to be the "Property") WHEREAS,the City and Property Owners have been in discussion regarding the conveyance by donation from the Property Owners to the City of certain permanent right-of-way that is intended to be used for Alice's Road south of University Avenue in Waukee,Iowa,as is more particularly shown on the Acquisition Plats attached hereto and marked Exhibit "A-I"and Exhibit"A-2"(hereinafter referred to as "Alice's Road Right-of-Way");and WHEREAS,in addition to the permanent right-of-way,permanent public utility easements as is more particularly shown on attached Exhibit "B-1"and Exhibit "B-2" (hereinafter referred to as "PUE")and temporary construction easements as is more particularly shown on attached Exhibit "C-1"and Exhibit "C-2"(hereinafter referred to as "Temporary Easement")are necessary for the construction of Alice's Road,south of University Avenue;and WHEREAS,Property Owners have agreed to donate the Alice's Road Right-of-Way as shown on Exhibit "A-I"and Exhibit "A-2"as a 2.92 and a 8.96 acre tract,as well as conveying the PUE as shown on Exhibit "B-1"and B-2"as a 0.47 and a 1.31 acre tract and conveying the Temporary Easement (to be terminated upon completion and acceptance by the City of the construction of Alice's Road)as shown on Exhibit "C-1"and C-2 as a 3.1 and a 5.42 acre tract, and conveying a permanent easement for retention and drainage infrastructure as shown on Exhibit "D"(hereinafter referred to as "Permanent Easement")as a 2.29 acre tract,and conveying Right-of-Way for retention/drainage infrastructure and channels as shown on Exhibit "E"as a 5.26 acre tract,and conveying the Temporary Easements (to be terminated I year after Book 2013 Page 7598 2 of 25 completion and acceptance by the City of the construction of Alice's Road retention/drainage infrastructure and channels)as shown on Exhibit "F"as a 1.02 and 2.61 acre tract to the City provided that the City agrees that the location of Alice's Road,when constructed,will be located within the right-of-way areas shown on Exhibit "A-I"and Exhibit "A-2",to which the City is willing to agree;and WHEREAS,the donated Right-of-Way,Public Utility Easement and Temporary Construction Easement are valued at $696,820.00 in exchange for which the City agrees not to assess the Property Owners for the cost of construction of Alice's Road Phase I;and WHEREAS,Phase 1 of the Alice's Road construction project (hereinafter referred to as "Alice's Road Phase I")shall consist of bulk earthwork for 175-ft right of way plus 15-ft public utility easement on each side of right of way,installation of longitudinal storm sewer and storm sewer cross runs,installation of storm sewer intakes,installation of subdrain system,installation of major cross road drainage pipe,installation of water main and hydrant assemblies along Alice's Road,paving of future northbound 3-lanes to function in the interim as a two-way with continuous-Ieft-turn-Iane,installation of two pedestrian cross culverts,installation of trunk sanitary sewer adjacent to Alice's Road south of future Westown Parkway,installation of 5-ft public sidewalk,erosion control,and surface restoration;and WHEREAS,in addition to the Alice's Road Phase 1 project,the City anticipates the construction of a regional storm water facility for use within the Alice's Road drainage basin to address storm water retention/detention.Property Owners acknowledge and agree that the regional storm water facility will contain a retention pond designated as pond 5 on attached Exhibit "G"(hereinafter referred to as "Pond")to be located within the Property into which the Property Owners may utilize no greater than 9.0 acre-ft of storage in the Pond constructed by the City within the Property. NOW,THEREFORE,the City and the Property Owners,in consideration of the promises and mutual obligations set forth in this Development 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 Owners hereby agree to convey to the City by donation the Alice's Road Right-of-Way as shown on Exhibit "A-I"and Exhibit "A-T,by Warranty Deed,free and clear of all liens and encumbrances,as well as the PUE as shown on Exhibit ''B-1''and Exhibit "B-2" and the Temporary Easement as shown on Exhibit "C-I"and Exhibit "C-2"on 01'before the 15th day of October,2013.The PUE and the Temporary Easement shall be in the form as reasonably negotiated between the City and Property Owners. 2.The City agrees that in the event that the Property Owners comply with Paragraph 1,3 and 4 the Property shall not be specially assessed for any of the project costs associated with Alice's Road Phase 1.This provision shall not apply to,mitigate or otherwise effect any connection fees for utilities established pursuant to Waukee Municipal Code and Iowa Law or other costs or expenses in any way related to right of way improvements,utility improvements 01'other public improvements and Property Owners,its successors 01'assigns 01' -2- Book 2013 Page 7598 3 of 25 any other person claiming through them understand they shall be responsible for the full amount of any connection fees in effect concerning the Property,now or in the future. 3.The Property Owners hereby agree to convey to the City by donation a permanent public easement for the drainage channel area as shown on Exhibit "D",free and clear of all liens and encumbrances as well as the Temporary Construction Easement(s)as shown on Exhibit "F" on or before the 15th day of October,2013.The parties recognize that the drainage channel located in Exhibit "D"is necessary to allow for the conveyance of water between the retention ponds being constructed but that the Property Owners,upon development of the Property,may deem it preferable to propose relocation of the channel in said Permanent Easement area,at its sole costs and expense.In the event Property Owners submit a plan to the City for the relocation of the infrastructure and channel(s)constructed within the Permanent Easement area contemplated with this agreement,whether it is within the Permanent Easement or outside of the Permanent Easement,that meets all applicable design standards,guidelines and legal requirements and are acceptable and approved by the City,the City will cooperate in vacating the Permanent Easement provided for the area depicted in Exhibit "D"upon construction and dedication by Property Owners at their sole cost and expense,and acceptance by the City,of the infrastructure and associated land as set forth in any such approved relocation plan.The Permanent and Temporary Easement shall be in the form as reasonably negotiated between the City and Property Owners. 4.The Property Owners hereby agree to convey to the City by donation the retention pond/channel area as shown on Exhibit "E"by Warranty Deed,free and clear of all liens and encumbrances as well as the Temporary Construction Easement(s)as shown on Exhibit "F"on 01'before the 15th day of October,2013.The Temporary Easement shall be in the form as reasonably negotiated between the City and Property Owners. 5.The City shall have the right to cause the project to be constructed in accordance with such plans and specifications as it shall deem appropriate.Unless otherwise agreed to,the City agrees to pay for all costs of construction,engineering and other fees and expenses for installation of the above-mentioned Alice's Road Phase I and retention pond(s)infrastructure and channels. 6.In the event that Property Owners do not comply with the terms of Paragraphs 1, 3,and 4 the City shall cause the above-described Alice's Road Phase I andlor retention pond infrastructure and channels to be constructed in accordance with such plans and specifications as it shall deem appropriate. For purpose of this Agreement,the City may elect to contract for the construction of said Alice's Road Phase I andlor retention pond infrastructure and channels as part of any contract for a public improvement project entered into prior to the receipt of this instrument as authorized by law. In consideration of the execution by the City of this Agreement and the construction of Alice's Road Phase I andlor retention pond infrastructure and channels,Property Owners hereby expressly waive each and every question of jurisdiction,benefit and need,the intention of -3- Book 2013 Page 7598 4 of 25 Property Owners being to authorize and direct said City to construct Alice's Road Phase 1 and/or retention pond infrastructure and channels for the benefit of the Property.Provided,however, that except for the 25%rule,Property Owners shall otherwise have and retain all the rights to notice and hearing of any other property owner to be benefited by Alice's Road Phase 1 and/or the retention pond infrastructure and channels and to all other legal formalities as required by the laws ofIowa to be observed by the City prior to the adoption of a final resolution of necessity for assessing the expense of Alice's Road Phase 1 and/or the retention pond infrastructure and channels against private property, It is further agreed that when said Alice's Road Phase 1 and/or retention pond infrastructure and channels have been constructed in accordance with the plans and specifications and if the City assesses the cost of Alice's Road Phase 1 and/or the retention pond infrastructure and channels by special assessment,that the City shall make assessments against the Property proportionately,and that said assessments so made shall be a lien upon the Property, and the undersigned hereby agrees to pay the amount that is assessed against said Property,and said assessment shall have the same legal force and effect as if aU the legal formalities provided by law in such cases had been fully and faithfully performed and observed,subject only to the rights of Property Owners reserved herein.The undersigned hereby expressly waives every objection to said final assessment,any limitation of the amount thereof as a percentage of valuation and any right to defer or postpone payment of the assessment.Said assessment shall be paid by the undersigned within the time provided by statute for the payment of such special assessments for such Alice's Road Phase 1 and/or retention pond infrastructure and channels. The undersigned,if entitled to agricultural deferment under the Code ofIowa,hereby waives its right to such deferral. The undersigned hereby authorizes the City Council to pass any resolution requisite or necessary to order or secure said Alice's Road Phase 1 and/or retention pond infrastructure and channels,to provide for the construction of the same and to make the assessments herein provided for,subject only to the right of Property Owners reserved herein,and any such resolution may contain recitals that said Alice's Road Phase 1 and/or retention pond infrastructure and channels are ordered or made by the Council without petition of Property Owners;without in any way qualifying this petition or releasing Property Owners from obligations to pay the assessments levied against its Property for the cost of said Alice's Road Phase 1 and/or retention pond infrastructure and channels and to issue improvement bonds payable out of said assessment as herein provided. The undersigned warrants that the Property is free and clear of all liens and encumbrances other than for ordinary taxes,except for such liens as are by lienholders hereinafter listed and designated as signers of this Petition and Waiver,who by execution of this Petition consent to the subordination of their lien to the special assessment liens herein described.Property Owners further agree to subordinate its Property to the terms ofthis Petition and Waiver,and upon failure to do so,to pay the full amount of the assessment on demand. Each lienholder,designated below,by execution of this Petition and Waiver,agrees and consents that its lien shall be subordinated to the lien of the assessments levied pursuant hereto, -4- Book 2013 Page 7598 5 of 25 The Property Owners agree that this Petition and Waiver shall be effective and binding from and after the approval hereof by resolution of the City Council and shall be binding on any and all transferees and assignees. 7.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 Owners,their successors and assigns, and every successor-in-interest to any of the Property or any part thereof,or any interest thereof, and any party in possession or occupancy of any of the Property or any part thereof. 8.This Agreement shall be construed in accordance with the laws of the State of Iowa. 9.A notice,demand,or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,postage prepaid,return receipt requested;delivered personally;or sent by overnight courier service,as follows: In the case of Property Owners:In the Case of the City: ARAC,LLC Attn:Kurt Brewer 604 Locust Street,Ste.800 Des Moines,IA 50309 City of Waukee Attention:City Administrator 230 W.Hickman Road Waukee,Iowa 50263 Charles Sanford Swallow and Terry Irene Swallow Trust dated 10-22-98 Attn:Sandy Swallow 3554 Round Barn Boulevard,Suite 302 Santa Rosa,CA 95403 TKC Real Estate,L.L.C. Attn:Kurt Brewer 604 Locust Street,Ste .800 Des Moines,IA 50309 KE Brewer,L.L.C. Attn:KurtBrewer 604 Locust Street,Ste.800 Des Moines,IA 50309 or to such other address,department,or individuals either may,from time to time,designate in writing and forward to the other as provided in this Article. -5- Book 2013 Page 7598 6 of 25 8.This Development Agreement shall constitute the entire agreement between the City and Property Owners and supersedes all other written or oral agreements,discussions and negotiations regarding the subject matter herein in connection with the Project.The terms ofthis Development Agreement may not be amended except in writing by agreement of the City and Property Owners. 9.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 of the City Clerk of the City. IN WITNESS WHEREOF,the City has caused this Development Agreement to be duly 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 Owners have caused this Development Agreement to be duly executed by the patties authorized to so act on its behalf. CITY OF WAUKEE,IOWA ." Byj..~~~~~~.z.."--'-"':'<!!'.'.;~~-:7"-:::---"Mayor;:~ .<',;;:f,;~i:."?~ :;...~~.-'-~-::-:~:~~f.:\',,...."~"W5""'hi,".~~1.; l~:0'.~J..I~\;.~.rn >~..,..1..:G~..0 \ 'XI!·',:,~~;P~.~'d~Vt:Aday of AtJ~\,2013,before me the undersigned,a N'd~M:'J"lie in and for the StakOfrowa,personally appeared lu';\Ii'Q >'i r:.f Ultrd andliY'1 A1oc:AAC/~,to m~fe~~ll1aIlX .!g,J,qwn,who,being by me duly sworn,did say that they are the Mayor and City ,,\lIJ~p1!'/;~t\Yely,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 as contained in O'dinal1ce No.]'l!lsseEl13"the 8~8ffi:l1'ltl'if under Roll Call No.,!>-Oq I?>of,.tll;:£i.w Council on the I'51l"day of -flpV\\,2013,and that Mayor and City ~,"lU1't\c'R\o'¥ffcers,acknowledge the execution of said instrument to be the voluntary act and deed of the City of Waukee,by them voluntarily executed. ,2013 :SS i;''.REBECCA D.SCHUETTt1~Commission Number 716496~.r MyCommissIon Expires ow May 13,2014 Notary Public in and for the State oftowa My Commission expires OC;113/101l.f•I -6- Book 2013 Page 7598 7 of 25 ARAC,LLC By:~215~ K.U1t Brewer,_-..!:-M~""~h~a~U--1<=:i-_o Dated.:_-----,if J-_I_:L-I-'/c::£-='---_ STATEOF IOWA ) o ,)/)ss, COUNTY OF _14---,-(,:.-'A_-I) On tins /,)..f"),day of ~;'J ,2013,beforem~,a Notary Public in and for said county,personally appeared Kurt rower,to me personally known,who being by me duly (sworn or affirmed)did say that he is the l2zcU1~e.r of said limited liability company,that said instrument was signed on behalf of the said ~lited liability company;and,that said Kurt Brewer,as such h-<"Iill;ir ,acknowledged the execution of said instrument to be the voluntary act and deed of said'.ted liability company,by it and by him voluntarily executed. ~ KARLENE K.KENTNERf:\CCmmls1llon Number 106236•,.My Commission Expires •February 1,2016 My Commission expires d.t /:Z01bT/ -7- Book 2013 Page 7598 8 of 25 TKC Real Estate,L.L.C. By ~~,.,.--< Kurt Brewer,./?7.atzc!J6 Dated:,_--,-lI,~I-;L=-;-!,--/:::3 _-I STATE OF IOWA COUNTYOF IoIK ) )ss. ) , On this /A."111day of !fIrl I ,20:a,before me,a Notary Public in and for said county,personally appeared Kurt Brewer,to me personally known,who being by me duly (S:V0~11or affirmed)d~d say that he is the /'7'£</'111-:'.o~~aid limited liability com~any,that said instrument was signed on behalf of the said hUlted liability company;and,that said Kurt Brewer,as such ""c<n~,acknowledged the execution of said instrument to be the voluntary act and deed of said iited liability company,by it and by him voluntarily executed. - Notary ublic in and for e State ofIowa My Commission expires ,;:;.../;/d-eJ/G,/J -8- Book 2013 Page 7598 9 of 25 ICE Brewer,L.L.C. By:~/0 Kurt Brewer,/?2o.n(J?r Dated:qlr:z.lc~ STATE OF IOWA COlJNTY OF dl/{ ) )ss, ) On this J)IIlday of t''/,20J1,before me,a Notary Public in and for said county,personally appeared Kurt rewer,to me personally known,who being by me duly (sworn Q1"affirmed)did say that he is the ~q n~er of said limited liability company,that said instrument was signed on behalf of the sal ~iJnited liability company;and,that said KU1"t Brewer,as such tM~r,acknowledged the execution of said instrument to be the voluntary act and deed of said'.ted liability company,by it and by him v untarlly executed, KARLENE It KENTNER/iil'Commission Number 106236.::...My COmmission ExpIres ."February 1,2016 ublic in and r the State ofIowa My Commission expires d /;~/;:" 7 -9- k 2013 Page -159BBoO--10 ot 25 Charles Sanford Swallow and Terry Irene Swallow Trust dated 10-22-98 BCc;;;;?C2 '::> Charles Sanford Swallow,Co-Trustee G::)'If\J~ Dated:4jqjnl5. ~.().11w-w-:{j~".dto Q , ~o-Trustee Dated:.2j/9!c;J.CJ f3 STATE OF On this day of 2013,before me,a Notary Public in and for said county,personally appeared Charles Sanford Sw d Terry Irene Swallow to me personally known,who being by me duly (sworn or affirmed)did say e are the co-trustees of said Trust,that said instrument was signed on behalf of the said Trust;an ,aid Charles Sanford Swallow and Terry Irene Swallow,as such co-trustees,acknowledged the execu .f said instrument to be the voluntary act and deed of said Trust,by it and by them voluntarily ex Notary Public in and for the State of _ My Commission expires ~ -10- Book 2B13 Page 7598 11 of 25 STATE OF CALIFORNIA } COUNTY OF SONOMA ss: On 4/9113 before me, J ody Sommerhauser , a Notary Public,personally appeared Charles Sanford Swallow and Terry Irene Swallow who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)-is/are subscribed to the within instrument and acknowledged to me that Ire/slre/they executed the same in mstlmr/their authorized capacity(ies)and that by hisflter/their signature(s)oo the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS 'y hand and Sjgnatur~ FOR NOTARY SEAL OR STAMP JOlW SO&lMERHAUSER COMM.#1922557 z Notary Public·California ~ Sonoma County M r,omm.Ex iresJan.21,Z~15 Book 2013 Page 7598 12 of 25 NllllU)'ak EXHIBIT "A_I" RIGHT OF WAY BEING CONVEYED TO THE CITY OF WAUKEE FOR ALICE'S ROAD Legal Description: A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 15 OF SECTION 4,TOWNSlilP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN,NOW IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRlBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15;THENCE SOUTH 000 27' 28"WEST,1,322.50 FEET ALONG THE EAST LINE OF SAID LOT 15 TO THE SOUTHEAST CORNER OF SAID LOT 15;THENCE SOUTH 830 57'21"WEST,88.10 FEET ALONG THE SOUTH LINE OF SAID LOT 15;THENCE NORTHERLY A DISTANCE OF 9.98 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WITH A CENTRAL ANGLE OF 000 24'17",A RADIUS OF 1412.50 FEET AND A CHORD THAT BEARS NORTH 00°39'36"EAST,9.98 FEET;THENCE NORTII 00027'28"EAST, 1,148.51 FEET;THENCE NORTH 47°50'23"WEST,135.00 FEET;THENCE NORTH 070 38' 52"WEST,62.02 FEET TO THE NORTH LINE OF SAID LOT 15;THENCE NORTH 830 51' 45"EAST,198.35 FEET ALONG THE NORTH LINE OF SAID LOT 15 TO THE POINT OF BEGINNING,CONTAINING 127,390 SQUARE FEET OR 2.92 ACRES MORE OR LESS. -11- Book 2013 Page 759813of25 EXHIBIT "A_2" RIGHT OF WAY BEING CONVEYED TO THE CITY OF WAUKEE FOR ALICE'S ROAD Legal Description: A PARCEL OF LAND LOCATED IN THE WEST 3/8lliS OF THE SOUTHEAST QUARTER OF SECTION 4,TOWNSmp 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN,NOW IN AND FORMING A PART OF TIIE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE P ARTICULARL Y DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4,THENCE NORTH 00°34'03"EAST,60.39 FEET TO THE NORlli RIGHT-OF-WAY LINE OF ASHWORTH ROAD;THENCE NORTH 84°02'42"EAST,410.33 FEET ALONG SAID RIGHT-OF-WAY LINE;THENCE NORlli 42°13'00"EAST,147.09 FEET;THENCE NORTH 00°34'03"EAST,216.57 FEET;THENCE NORTI-I 04°22'53"EAST,52.62 FEET; THENCE NORTH 00°34'03"EAST,370.04 FEET;THENCE NORTHERLY A DISTANCE OF 1,115.99 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 40°16'42",A RADIUS OF 1,587.50 FEET AND A CHORD THAT BEARS NORTH 20°42'23"EAST,1,093.16 FEET;THENCE NORTHEASTERLY A DISTANCE OF 158.73 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE NORTHWESTERLY WITH A CENTRAL ANGLE OF 06"26'19",A RADIUS OF 1,412.50 FEET AND A CHORD THAT BEARS NORTH 37°37'35"EAST,158.65 FEET TO TIIE EAST LINE OF THE WEST 3/8THS OF TIIE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTH 00°31'12"WEST,286.15 FEET ALONG THE EAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4 SAID LINE BEING NON-TANGENT TO THE AFORESAID CURVE;THENCE SOUTHWESTERLY A DISTANCE OF 933.20 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 37"51'14",A RADIUS OF 1,412.50 FEET AND A CHORD THAT BEARS SOUTH 19°29'39"WEST,916.32 FEET;THENCE SOUTH 00°34'03"WEST,618.13 FEET;THENCE SOUTH 47°47'00"EAST,132.40 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ASHWORTH ROAD;THENCE NORTH 84°02' 42"EAST,200.87 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE EAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4 ;THENCE SOUTH 00°31'12"WEST,60.39 FEET ALONG TI-JEEAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4 TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTH 84°02'42"WEST,988.87 FEET ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 TO THE POINT OF BEG1NN1NG,CONTAINING 390,340 SQUARE FEET OR 8.96 ACRES INCLUDING 59,330 SQUARE FEET OR L36 ACRES OF EXISTING ROAD RIGHT-OF- WAY MORE OR LESS. -12- Book 2013 Page 7598 14 of 25 EXHIBIT "B-1" PUBLIC UTILITY EASEMENT Legal Description: A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 15 OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN,NOW IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 15, THENCE SOUTH 83°51'45"WEST,198.35 FEET ALONG THE NORTH LINE OF SAID LOT 15 TO THE POINT OF BEGINNING,THENCE SOUTH 07°38'52"EAST,62.02 FEET; THENCE SOUTH 47°50'23"EAST,135.00 FEET;THENCE SOUTH 00°27'28"WEST, 1148.51 FEET;THENCE SOUTHERLY A DISTANCE OF 9.98 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE WESTERLY WlTHA CENTRAL ANGLE OF 00°24'17", A RADIUS OF 1412.50 FEET AND A CHORD THAT BEARS SOUTH 00°39'36"WEST, 9.98 FEET TO THE SOUTH LlNE OF SAID LOT 15;THENCE SOUTH 83°57'21"WEST, 15.11 FEET ALONG THE SOUTH LINE OF SAID LOT 15;THENCE NORTHERLY A DISTANCE OF 11.69 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WITH A CENTRAL ANGLE OF 00°28'45",A RADIUS OF 1397.50 FEET AND A CHORD THAT BEARS NORTH 00°41'50"EAST,11.69 FEET;THENCE NORTH 00°27'28"EAST,1141.78 FEET;THENCE NORTH 47"50'23"WEST,133.76 FEET; THENCE NORTH 07°38'52"WEST,67.91 FEET TO THE NORTH LINE OF SAID LOT 15; THENCE NORTH 83°51'45"EAST,15.01 FEET ALONG THE NORTH LINE OF SAID LOT 15 TO THE POINT OF BEGINNING,CONTAINING 20,330 SQUARE FEET OR 0.47 ACRES MORE OR LESS. -13- Book 2013 Page 759815of25 EXHIBIT "B-2" PUBLIC UTILITY EASEMENT Legal Description for Easement shown on Page 2: A PARCEL OF LAND LOCATED IN THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN,NOW IN AND FORMING APART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE P ARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4,THENCE NORTH 00°34'03"EAST,60.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ASHWORTH ROAD;THENCE NORTH 84°02'42"EAST,387.84 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING,THENCE NORTH 42°13'00" EAST,158.14 FEET;THENCE NORTH 00°34'03"EAST,211.36 FEET;THENCE NORTH 04°22'53"EAST,52.62 FEET;THENCE NORTH 00°34'03"EAST,369.54 FEET;THENCE NORTHERLY A DISTANCE OF 1,126.54 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 40°16'42",A RADIUS OF 1,602.50 FEET AND A CHORD THAT BEARS NORTH 20°42'23"EAST,1,103.49 FEET; THENCE NORTHEASTERLY A DISTANCE OF 179.65 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE NORTHWESTERLY WITH A CENTRAL ANGLE OF 07°21'56",A RADIUS OF 1,397.50 FEET AND A CHORD THAT BEARS NORTH 37°09'46" EAST,179.53 FEET TO THE EAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTH 00°31'12"WEST,27.23 FEET ALONG THE EAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTHWESTERLY A DISTANCE OF 158.73 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY WITH A CENTRAL ANGLE OF 06°26'19",A RADIUS OF IAI2.50FEET AND A CHORD THAT BEARS SOUTH 37°37'35"WEST,158.65 FEET;THENCE SOUTHWESTERLY A DISTANCE OF 1,115.99 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE SOUTHEASTERLY WITH A CENTRAL ANGLE OF 40°16'42",A RADIUS OF 1,587.50 FEET AND A CHORD THAT BEARS SOUTH 20°42'23"WEST,1,093.16 FEET;THENCE SOUTH 00°34'03"WEST,370.04 FEET;THENCE SOUTH 04°22'53"WEST,52.62 FEET; THENCE SOUTH 00°34'03"WEST,216.57 FEET;THENCE SOUTH 42°13'00"WEST, 147.09 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ASHWORTH ROAD;THENCE SOUTH 84°02'42"WEST,22.49 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING,CONTAINING 31,190 SQUARE FEET OR 0.72 ACRES MORE OR LESS. Legal Description for Easement shown on Page 3: A PARCEL OF LAND LOCATED IN THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN,NOW IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE P ARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4,THENCE NORTH 00°34'03"EAST,60.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ASHWORTH ROAD;THENCE NORTH 84°02'42"EAST,787.95 FEET ALONG SAID -14- Book 2013 Page 7598 16 of 25 RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING,THENCE NORTH 47°47'00" WEST,132.40 FEET;THENCE NORTH 00°34'03"EAST,618.13 FEET;THENCE NORTHERLY A DISTANCE OF 933.20 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WlTH A CENTRAL ANGLE OF 37°51'14",A RADIUS OF 1,412.50 FEET AND A CHORD THAT BEARS NORTH 19°29'39"EAST,916.32 FEET TO THE EAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTH 00°31'12"WEST,24.64 FEET ALONG THE EAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTHWESTERLY A DISTANCE OF 903.85 FEET ALONG THE ARC OF A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY WITH A CENTRAL ANGLE OF 37'03' 24",A RADIUS OF 1,397.50 FEET AND A CHORD THAT BEARS SOUTH 19°05'45" WEST,888.18 FEET;THENCE SOUTH 00°34'03"WEST,611.40 FEET;THENCE SOUTH 47°47'00"EAST,49.54 FEET;THENCE NORTH 42'13'00"EAST,20.00 FEET;THENCE SOUTH 47°47'00"EAST,40.00 FEET;THENCE SOUTH 42°13'00"WEST,20.00 FEET; THENCE SOUTH 47°47'00"EAST,49.54 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ASHWORTH ROAD;THENCE SOUTH 84°02'42"WEST,20.13 ALONG SAID RIGHT- OF-WAYLINE FEET TO THEPOINTOFBEGlNNING,CONTAINING 25,840 SQUARE FEET OR 0.59 ACRES MORE OR LESS. -15- Book 2013 Page 7598 17 of 25 EXHIBIT "C-l" TEMPORARY EASEMENT FOR CONSTRUCTION OF ALICE'S ROAD Legal Description: A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 15 OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN,NOW IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 15, THENCE SOUTH 83°51'45"WEST,198.35 FEET ALONG THE NORTH LINE OF SAID LOT 15 TO THE POINT OF BEGINNING,THENCE SOUTH 07°38'52"EAST,62.02 FEET; THENCE SOUTH 47°50'23"EAST,135.00 FEET;THENCE SOUTH 00°27'28"WEST, 1,148.51 FEET;THENCE SOUTHERLY A DISTANCE OF 9.98 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE WESTERLY WITH A CENTRAL ANGLE OF 00°24'17", A RADIUS OF 1,412.50 FEET AND A CHORD THAT BEARS SOUTH 00°39'36"WEST, 9.98 FEET TO THE SOUTH LINE OF SAID LOT 15;THENCE SOUTH 83°57'21"WEST, 80.62 FEET ALONG THE SOUTH LINE OF SAlD LOT 15;TI-illNCE NORTHERLY A DISTANCE OF 19.11 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WITH A CENTRAL ANGLE OF 00°49'17",A RADIUS OF 1,332.50 FEET AND A CHORD THAT BEARS NORTH 00°52'07"EAST,19.11 FEET;THENCE NORTH 00°24'22"EAST,555.28 FEET;THENCE NORTH 00°45'32"WEST,565.13 FEET; THENCE SOUTH 84°17'15"WEST,186.08 FEET;THENCE NORTH 05°04'11"WEST, 155.72 FEET;THENCE NORTH 45°27'26"EAST,37.24 FEET TO THE NORTH LINE OF SAID LOT 15;THENCE NORTH 83°51'45"EAST,157.68 FEET ALONG THE NORTH LINE OF SAID LOT 15 TO THE POINT OF BEGINNING,CONTAINING 134,850 SQUARE FEET OR 3.10 ACRES MORE OR LESS. -16- Book 2013 Page 7598 18 of 25 EXHIBIT "C-2" TEMPORARY EASEMENT FOR CONSTRUCTION OF ALICE'S ROAD Legal Description for Easement shown on Page 2: A PARCEL OF LAND LOCATED IN THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRlNCIPLE MERIDIAN,NOW IN AND FORI\i.lING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE P ARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4,THENCE NORTH 00"34'03"EAST,60.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ASHWORTH ROAD;THENCE NORTH 84"02'42"EAST,387.84 FEET ALONG SAID RlGHT-OF-WAY LINE TO THE POINT OF BEGINNING,THENCE NORTH 42°34'19" EAST,198.00 FEET;THENCE NORTH 00'34'03"EAST,612.88 FEET;THENCE NORTHERLY A DISTANCE OF 1,161.69 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 40°16'42",ARADillS OF 1,652.50 FEET AND A CHORD THAT BEARS NORTH 20°42'23"EAST,1137.92 FEET; THENCE NORTHEASTERLY A DISTANCE OF 254.13 FEET ALONG THE ARC OF A TANGENT CURVE CONCA VB NORTHWESTERLY WITH A CENTRAL ANGLE OF 10' 48'20",A RADillS OF 1,347.50 FEET AND A CHORD THAT BEARS NORTH 35°26'34" EAST,253.75 FEET TO THE EAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTH 00°31'12"WEST,123.60 FEET ALONG THE EAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTHWESTERLY A DISTANCE OF 158.73 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY WITH A CENTRAL ANGLE OF 06'26'19",A RADillS OF 1,412.50 FEET AND A CHORD THAT BEARS SOUTH 37°37'35"WEST,158.65 FEET;THENCE SOUTHWESTERLY A DISTANCE OF 1,115.99 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE SOUTHEASTERLY WITH A CENTRAL ANGLE OF 40'16'42",A RADIUS OF 1,587.50 FEET AND A CHORD THAT BEARS SOUTH20042'23"WEST,1,093.16 FEET;THENCE SOUTH 00"34'03"WEST,370.D4 FEET;THENCE SOUTH 04'22'53"WEST,52.62 FEET; THENCE SOUTH 00"34'03"WEST,216.57 FEET;THENCE SOUTH 42°13'00"WEST, 147.09 FEET;THENCE SOUTH 84'02'44"WEST,96.88 FEET TO THE POINT OF BEGINNING,CONTAINING 138,270 SQUARE FEET OR 3.17 ACRES MORE ORLESS. -17- BooK ;}.013 R.'\e 'lSg g lq oS 25 Legal Description for Easement shown on Page 3: A PARCEL OF LAND LOCATED IN THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SECTION 4,TOWNSHJP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN,NOW IN AND FORMING APART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4,THENCE NORTH 00°34'03"EAST,60.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ASHWORTH ROAD;THENCE NORTH 84°02'42"EAST,787.95 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING,THENCE NORTH 47°47'00" WEST,132.40 FEET;THENCE NORTH 00°34'03"EAST,618.13 FEET;THENCE NORTHERLY A DISTANCE OF 933.20 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 37°51'14",A RADIUS OF 1,412.50 FEET AND A CHORD THAT BEARS NORTH 19'29'39"EAST,916.32 FEET TO THE EAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTH 00°31'12"WEST,101.54 FEET ALONG THE EAST LINE OF THE WEST 3/8THS OFTHE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTHWESTERLY A DISTANCE OF 813.39 FEET ALONG THE ARC OF A NON- TANGENT CURVE CONCAVE SOUTHEASTERLY WITH A CENTRAL ANGLE OF 34°27' 27",A RADIUS OF 1,352.50 FEET AND A CHORD THAT BEARS SOUTH 17°47'46" WEST,801.19 FEET;THENCE SOUTH 00°34'03"WEST,587.88 FEET;THENCE SOUTH 47°51'13"EAST,163.76 FEET;THENCE SOUTH 84°02'40"WEST,84.11 FEET TO THE POINT OF BEGINNING,CONTAINING 97,870 SQUARE FEET OR 2.25 ACRES MORE OR LESS. -18- Book 2013 Page 7598 20 of 25 EXIllBIT liD" PUBLIC UTILITY EASEMENT FOR STORMWATER CONVEYANCE Legal Description: A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 15 OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN,NOW IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 15, THENCE SOUTH 83°51'45"WEST,771.36 FEET ALONG THE NORTH LINE OF SAID LOT 15 TO THE POINT OF BEGINNING,THENCE SOUTH 00°27'28"WEST,844.08 FEET;THENCE SOUTHERLY A DISTANCE OF 486.63 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WlTHA CENTRAL ANGLE OF 31°40'28",A RADIUS OF 880.26 FEET AND A CHORD THAT BEARS SOUTH 15°22'46"EAST,480.46 FEET TO THE SOUTH LINE OF SAID LOT 15;THENCE SOUTH 83°57'21"WEST,82.16 FEET ALONG THE SOUTH LINE OF SAID LOT 15;THENCE NORTHWESTERLY A DISTANCE OF 493.14 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY WITH A CENTRAL ANGLE OF 29°34'41 ",A RADIUS OF 955.26 FEET AND A CHORD THAT BEARS NORTH 14°19'52"WEST,487.68FEET; THENCE NORTH 00°27'28"EAST,835.41 FEET;THENCE NORTH 83°51'45"EAST, 75.50 FEET ALONG THE NORTH LINE OF SAID LOT 15 TO THE POINT OF BEGINNING,CONTAlNlNG 99,720 SQUARE FEET OR 2.29 ACRES MORE OR LESS. -19- Book 2013 Page 7598 21 of 25 EXHIBIT "E" RIGHT OF wav BEING CONVEYED TO THE CITY OF WAUKEE FOR STORMW ATER RETENTION Legal Description: A PARCEL OF LAND LOCATED IN THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN,NOW IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE P ARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER OF SAID SECTION 4,THENCE NORTH 83°57'21" EAST,476.23 FEET ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4,TO THE POINT OF BEGINNING,THENCE NORTH 83°57'21"EAST, 510.61 FEET ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4,TO THE EAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE SOUTH 00°31'12"WEST,724.27 FEET ALONG THE EAST LINE OF THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE NORTH 56°31'11"WEST,154.73 FEET;THENCE NORTHWESTERLY A DISTANCE OF 183.91 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE NORTHEASTERLY WITH A CENTRAL ANGLE OF 35°07'24",A RADIUS OF 300.00 FEET AND A CHORD THAT BEARS NORTH 38°57'29"WEST,181.04 FEET;THENCE NORTHERLY A DISTANCE OF 215.56 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE WESTERLY WITH A CENTRAL ANGLE OF 41°10'07",A RADIUS OF 300.00 FEET AND A CHORD THAT BEARS NORTH 41 c 58'51"WEST,210.95 FEET;THENCE NORTHWESTERLY A DISTANCE OF 132.26 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE NORTHEASTERLY WITH A CENTRAL ANGLE OF 50° 31'06",ARADIUS OF 150.00 FEET AND A CHORD THAT BEARS NORTH 37°18'21" WEST,128.01 FEET;THENCE NORTH 12°02'48"WEST,189.89 FEET TO THE POINT OF BEGINNING,CONTAINING 229,180 SQUARE FEET OR 5.26 ACRES MORE OR LESS. -20- Book 2013 Page 759822of25 EXHIBIT "F" TEMPORARY EASEMENT FOR CONSTRUCTION OF DRAINAGE CHANNEL AND .STORMWATERRETENTION Legal Description Area 1: A PARCEL OF LAND LOCATED IN GOVERNMENT LOT IS OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN,ALL NOW IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 15, THENCE SOUTH 83°51'45"WEST,746.19 FEET ALONG THE NORTH LINE OF SAID LOT 15 TO THE POINT OF BEGINNING,THENCE SOUTH 00°27'28"WEST,846.97 FEET;THENCE SOUTHERLY A DISTANCE OF 457.00 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 30°36'56",A RADIUS OF 855.26 FEET AND A CHORD THAT BEARS SOUTH 14°51'00"EAST,451.59 FEET;THENCE NORTH 83°57'21"EAST,457.47 FEET;THENCE SOUTH 00°24'22" WEST,6.07 FEET;THENCE SOUTHERLY A DISTANCE OF 19.11 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE WESTERLY WITH A CENTRAL ANGLE OF 00°49'17",A RADIUS OF 1332.50 FEET AND A CHORD THAT BEARS SOUTH 00°52' 07"WEST,19.11 FEET TO THE SOUTI-ILlNEOF SAID LOT 15;THENCE SOUTH 83°57' 21"WEST,470.52 FEET ALONG THE SOUTHLlNE OF SAID LOT 15;THENCE NORTHWESTERLY A DISTANCE OF 486.63 FEET ALONG THE ARC OF A NON- TANGENT CURVE CONCAVE NORTHEASTERLY WITH A CENTRAL ANGLE OF 31 ° 40'28",A RADIUS OF 880.26 FEET AND A CHORD THAT BEARS NORTH 15°22'46" WEST,480.46 FEET;THENCE NORTH 00°27'28"EAST,844.08 FEET TO THE NORTH LINE OF SAlD LOT 15;THENCE NORTH 83°51'45"EAST,25.17 FEET ALONG THE NORTH LINE OF SAID LOT 15 TO THE POINT OF BEGINNING,CONTAINING 44,535 SQUARE FEET OR 1.02 ACRES MORE OR LESS. -21- Book 2013 Page 7598 23 of 25 Legal Description Area 2: A PARCEL OF LAND LOCATED IN THE WEST 3/8THS OF THE SOUTHEAST QUARTER OF SECTION 4,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN AND GOVERNMENT LOT 15 OF SECTION 4,TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN,NOW IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,MORE P ARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 15,THENCE NORTH 83"51'45"EAST,442.49 FEET ALONG THE NORTH LINE OF SAID LOT 15 TO THE POINT OF BEGINNING,THENCE NORTH 83'51'45"EAST,25.17 FEET ALONG THE NORTH LINE OF SAID LOT 15;THENCE SOUTH 00'27'28"WEST,835.41 FEET;THENCE SOUTHERLY A DISTANCE OF 493.14 FEET ALONG TI-IB ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 29°34'41",A RADIUS OF 955.26 FEET AND A CHORD THAT BEARS SOUTH 14"19'52"EAST,487.68 FEET TO THE SOUTH LINE OF SAID LOT 15;THENCE SOUTH 83"57'21"WEST,118.80 FEET ALONG THE SOUTH LINE OF SAID LOT 15;THENCE SOUTH 12°02'48"EAST, 189.89 FEET;THENCE SOUTHERLY A DISTANCE OF 132.26 FEET ALONG THE ARC OF A TANGENT CURVE CONCA VE EASTERLY WITH A CENTRAL ANGLE OF 50°31' 06",A RADIUS OF 150.00 FEET AND A CHORD THAT BEARS SOUTH 37"18'21"EAST, 128.01 FEET;THENCE SOUTHEASTERLY A DISTANCE OF 215.56 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF 41°10'07",A RADIUS OF 300.00 FEET AND A CHORD THAT BEARS SOUTH 41°58'51"EAST,210.95 FEET;THENCE SOUTHERLY A DISTANCE OF 183.91 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 35°07'24",A RADIUS OF 300.00 FEET AND A CHORD THAT BEARS SOUTH 38°57'29"EAST,181.04 FEET;THENCE SOUTH 56'31'l1"EAST,104.73 FEET;THENCE SOUTHWESTERLY A DISTANCE OF 50.01 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY WITH A CENTRAL ANGLE OF 02'07'35",A RADIUS OF 1347.50 FEET AND A CHORD THAT BEARS SOUTH 34°32' 36"WEST,50.01 FEET;TI-IENCENORTH 56°31'II"WEST,270.00 FEET;THENCE NORTH 35"22'42"WEST,352.77 FEET;THENCE NORTH 12°02'48"WEST,247.67 FEET TO THE NORTH LINE OF THE WEST 3f8THS OF THE SOUTHEAST QUARTER OF SAID SECTION 4;THENCE NORTH 02°37'01"EAST,491.02 FEET;THENCE NORTH 00°27' 28"EAST,832.52 FEET TO THE POINT OF BEGINNING,CONTAINING 113,770 SQUARE FEET OR 2.61 ACRES MORE OR LESS. -22- Book 2013 Page 7598 24 of 25 EXHIBIT "G" POND CONFIGURATION fiXUIDIT(] fROM MIIWtlUllllilxffTIb~'}H.\'l'nRiTY ,\VF.NIlF- \VAUlClm.IOWA .;; i t·······, I, _..J t-·-•r!I:;.,." -.~ -23- Book 2013 Page 7598 25 of 25