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
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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
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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'
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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
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Book 2013 Page 7598
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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,
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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-
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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