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Home My WebLink About2017-01-16-Resolutions 17-028_Alice's Rd Corridor Phase 4 - Easements - Gilcrest Jewett Lumber CoTHE CITY OF WAUKEE,IOWA RESOLUTION 17-028 APPROVING EASEMENTS RELATED TO ALICE'S ROAD CORRIDOR IMPROVEMENTS,PHASE 4 [GILCREST JEWETT LUMBER COMPANY] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE,108'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,it has been determined that certain easements are necessary for the purpose of construction of the Alice's Road Corridor Improvement Project,Phase 4 (the "Project");AND, WHEREAS,said easements shall be located on a portion of the property owned by Gilcrest Jewett Lumber Company and legally described as referenced in Exhibit A,which is attached hereto. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 16"day of January,2017,that it hereby approves the easements related to Alice's Road Corridor Improvement Project,Phase 4,with payment made by the City to property owner(s)Gilcrest Jewett Lumber Company. tam F.Peard,Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman Brian Harrison Shelly Hughes Larry R.Lyon VACANT SEAT AYE X X X X NAY ABSENT ABSTAIN II1IIIINNNINIININ(I(IIINNIINIINNNNNNIIINIIN Recorded;03/06/2017 at 06:16:04 ArtFeeAmt:$12.00 Page 1 of 2DallascountvtovachadC.Airhart RECORDERFsi.ee aR2017 F03885 PERMANFiVT EASEMEiVT Gilcrest Jetvett Lumber Company;City of Waulcee,IA Recorder's Cover Sheet P e arer information (nanie,address and phone nuniber):reps re Jody Buddc I'oth Infrastructure &Environment,LLC 8191 Birchvvood Ct.,Stc.L Johnston,IA 50131 Phone:(515)254-1393 ~Bill/Return Document to (name and complete address): Rebecca D.Schuctt City of Waukee 230 W.I-lickman Rd. Waukcc.IA 50263 Phone:(515)97'-7904 Legal Description:SEL'PAGE'I t N ber of Previously Recorded Documents:Document or Instrumen um er Bill/Return to: Becky Schuett,City of Waukee 230 W Hickman Rd Waukee,IA 50263 prepared by Jody Budde,5191 Birchwood Court,Suite L,Johnston,IA 50131 Phone:515-254-1393 PERMANENT EASEMENT EKH(B)T01-P PERMANENT ACCESS EASEMENT BEING CONVEYED TO DJN,LLC SE ALICES ROAD IMPROVEMENTS PARCEL01PROPERTYOWNER' GILCREST/JEWETT LUMBER COMPANY 1100 ALICES ROAD PO BOK 1000 INAUKEE,IA 50263 BOOK 840.PAGES 694 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAS1'QUARTER OF SECTION 34,TOWNSHIP79NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,DALLAS COUNTY.IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF LOT 3 OF WESTGATE BUSINESS PARK PLAT 3,AN OFFICIAL PLAT,IN THE CITY OF WAUKEE,THENCE SOUTH 00 21'19"WEST.20.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SE ALICES ROAD.THENCE NORTH 89'53'30"WEST,160.00 FEET;THENCE NORTH 00' 21'19"EAST,2000 FEET TO THE SOUTH LINE OF SAID LOT 3,THENCE SOUTH 89 53'30"EAST,160 00 FEET ALONG SAiD SOUTH LINE TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 3,200 SQUARE FEET OR 0 07 ACRES MORE OR LESS,SUBJECT TO EASEMENTS ANDRESTRICTIONSOFRECORD FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TONAD83(2011)IA SPCS SOUTH ZONE,US SURVEY FOOT —FND I/2"IR 1 ' FND CUT X, EI/d CORNER SEC 34-79-26 SE FRQN1'IER AVENUE Q 8 IKM 288 EEf LO)I LAY" .K~'.ei"LOT 2 LOT 3 POB FND I"PIPE CAPS3169S89'53'30"E 16000' 520 27'(M)520 00'(R) N 00'21'19'E 20.00' N 89'5S 30"W 160 00' j UI Ui IR Dl ld y /2 RIZ ,N g S g~80' W 8 I LOT 3 Ls)' 'G' KS LY Ldk OL&9"OY gS, 5 00'21'19"W 20 00' LFGFND C4 50'60' F ND 3/4"IP SE CORNER SEC 34-79-26 0 (M) (R) I.R IP POUND SECTION CORNER MONUMENT SEY SECTION CORKER MONUMENT FOUND 518"REROD WR'ELLOW CAW//S44 (UNLESS HOYEOI SEY 5/8"REROO W/PINK CAP422847 (UHLESS NOTED) LIEASUREO DIMENSION RECORDED DIMENSION IRON ROD IRON PIPE SECTION LIME RIGHT.OF.WAY LINE EXISTING LOY LINE PROPERTY LINE PERMANEHTACCESS EASEMENT .'ODYt A.%C( RUDDE :+j FIELD SURVEY COMPLETED JULY 2016 JOOYA 8UDDE.LS 84TE L *H I 22247 MYI Id 1 DECEMSER31 2818 t Oi —( SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE,IA 50263 TEL (515)987-4363 FOTH PROJECT NO.16W021-DI DATE:I/4/2017 +Forth Foie IMS tn dtH a E I t,LLC 5191 81 C W S 1 L/H,1459 WM 9 M.25 .1M35*51525 15 2 SHEET 1 OF1 IIIIIIIIIIIIIIIIIIIIIIIII|IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII|IIIIII Doc ID:007045310015 Type:EASERecorded:02/27/2017 at 12;14.10 PMFeeAmt:s77.00 Page 1 of 15DallascountyIowa Chad C.Alrhart RECORDERFiles sx2Qi 7 F03495 SURFACE WATER FLOWAGE AND STORM SEWER EASEMENT City of Waukee,IA —Gilerest/Jewett Lumber Company; S sfc I'Development,LLC;and DJN,L.LC. Recorder's Cover Sheet Preparer Information (name,address and phone number): Eugene E.Olson Attorney at Law 317 Sixth Avenue,Suite 300 Des Moines,IA 50309 Phone:(515)243-8157 w BilUReturn Document to (name and complete address): Rebecca D.Schuett City Clerk,City of Waukee 230 W.Hicktnan Rd. Waukee,IA 50263 Phone:(515)987-4522 Legal Description:SEE EXHIBITS Thisdooumentwas re aredb anda erreeordin returntoEu eneE Olson attorne atlaw 3176'" Avenue Suite 300 Des Moines iowa 50309 Tele hone 515 243-8157. SURFACE WATER FLOWAGE AND STORM SEWER EASEMENT; This Surface Water Flowage and Storm Sewer Easement is entered into effective on the date of the last signature to this instrument ("Effective Date")by and between the City of Waukee,Iowa, a municipal corporation ("City")and Gilcrest/Jewett Lumber Company;S &P Development, LLC;and DJN,L.L.C.(collectively,the "Grantor"). Collectively,all entities may sometimes be referred to below as the "Parties." RECITALS: A.The City was granted a Surface Water Flowage Easement within the Southerly Portions of Lots 1,2 and 3 in Westgate Business Park Plat 2,an Official Plat in the City of Waukee,Dallas County,Iowa,by East Park Development,L.L.C.dated November 13, 2000,and filed on November 27,2000,in Book 2000 at Page 12293 of the records of the Recorder of Dallas County,Iowa ("Surface Water Flowage Easement").Grantor(s)are the successors in interest to East Park Development,L.L.C.and are the current owners of Lots I,2 and 3,of Westgate Business Park Plat 2 (Former lot I of Westgate Business Park Plat 2 was replated as lots I,2,and 3 of Westgate Business Park Plat 3 on October 31,2007 as recorded at Book 2007 Page 16980 of the Dallas County Recorder's Office) over which the easement is situated. B.In connection with the SE Alice's Road Improvements,University Avenue to North of SE Olson Drive,("Project")the City will be constructing and installing an underground storm water sewer to handle the storm water generated by the street improvements in the Project utilizing a portion of the existing Easement Area described in the Surface Water Flowage Easement. C.Because of the requirements and design of the Project,the City desires to amend that portion of the existing Surface Water Flowage Easement situated across Lots 2 and 3 in Westgate Business Park Plat 2,and Lot 3 of Westgate Business Park Plat 3 to allow for both Storm Sewer and Surface water flow uses as well as expanding the easement area situated on said lots and the Parties now wish to document their understanding and agreement in that regard. NOW,THEREFORE for One Dollar ($1.00)and other good and valuable consideration, including the mutual promises set forth below,the receipt and sufficiency of which are acknowledged,the Parties hereby agree as follows: I. AMKNDMKNT OF SURFACE WATER FLOWAGE EASEMENT. As of the Effective Date of this Amendment,that portion of the Surface Water Flowage Easement described in attached Exhibit "A,"granted by East Park Development,L.L.C.to the City of Waukee,Iowa,a municipal corporation,dated November 13,2000,and filed on November 27,2000,in Book 2000 at Page 12293 of the records of the Recorder of Dallas County,Iowa and as shown on the plat of Westgate Business Park Plat 2,an Official Plat in the City of Waukee,Dallas County,Iowa,is hereby amended to include all of the provisions of this Easement including the terms and conditions of Part II Storm Sewer and Overland Flowage Easement . II STORM SEWER AND OVERLAND FLOWAGE KASEMKNT KNOW ALL PERSONS BY THESE PRESENTS that Grantor does hereby sell,grant,and convey to the CITY OF WAUKKE,IOWA,a municipal corporation (hereinafter referred to as "the City"),a permanent and perpetual easement (hereinafler referred to as "Easement)and right- of-way upon,over,under,through and across the real property legally described as: SEE EXHIBIT "B"ATTACHED HERETO (hereinafter referred to as the "Easement Area")for the purpose of locating an underground storm sewer ("Sewer"),as well as a Surface Water Flowage Easement over the surface of the Easement Area in connection with the Sewer and the Project and to permit the City to enter at any time upon,over,under,through,and across the Easement Area 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 the sewer and future sewer(s)whenever necessary within the Easement Area. This Easement shall be subject to the following terms and conditions: 1.Erection of Structures Prohibited.Grantor and its grantees,successors and assigns shall not erect any structure,building,fence,or plant any trees,shrubs,or ornamental vegetation of any kind over or within the Easement Area without obtaining prior written consent of the City; provided,however,that a paved private roadway or drive,and utilities may be placed by Grantor within the Easement Area subject to the City's prior approval of plans and specifications and any private agreements between the Grantor(s)concerning the same,for any such pi'ivate Roadway/Drive or utilities.In the event the City's maintenance,repair or replacement of the its sewer causes any damages to a permitted private Roadway/Drive or utilities within the Easement Area,the City shall promptly repair,restore or replace the private Roadway(Drive or utilities damaged by the City,at its cost. 2.Maintenance.After the initial construction of the Sewer,and acceptance by the City,as well as after any subsequent repairs,reconstruction,replacement or maintenance of the Sewer, the City agrees to restore and replace the Easement Area to substantially the same condition as existed prior to the time of entry by the City or as otherwise agreed by the City and the Grantor. Mowing,vegetation maintenance,snow removal and general maintenance of the easement area shall be the responsibility of Grantor(s).Maintenance of any City Permitted Private Roadway/Drive or utilities installed in the easement area shall be sole responsibility of the Grantor(s). 3.Chan e in Grade Prohibited Grantor and its grantees,successors and assigns shall not change the grade elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 4.~tBht fA .Th C'ty hiih th ight f hi t th B tA and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described,including,but not limited to,the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5.Hold Harmless.Grantor,grantees,successors and assigns agree to indemnify and hold harmless the City,its elected officials,employees,officers,agents,representatives,contractors, and attorneys from and against any and all claims or demands for liability,loss,damage,costs, expenses,or attorney's fees of any kind for actions or omissions of the Grantor arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6.Easement Runs With Land Easement Benefit This Easement shall be deemed to run with the land and shall be binding on Grantor,its grantees,successors and assigns. 7.Jurisdiction and Venue.The City and the Grantor agree the District Court in and for Dallas County,Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement and the Parties consent to the jurisdiction of the person being in Dallas County,Iowa. g.A~h'F .Bthth City 4th B t y H tt'B thy appropriate action,and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incurred in such litigation. Grantor does HEREBY COVENANT with the City that (i)each owner as described below holds said real estate described in this Easement Area by title in fee simple subject to easements and restrictions of record;(ii)that each owner as described below has good and lawful authority to convey the Easement as to their respective properties;and (iii)each owner as described below ~tu W~AM)D~tide ta drcir ~~uf thc ~Ares~tbc ~ef sll ~~. Wards snd ~~inaiurgng scknuw1edgrncnt hereof,shaU be ~ss bs lhc~ar ~~,snd ss ~cr ~~,~tn thc ~~Sds dsy of,20i, '~TI3ftWSTT I x.~~um (Owner af fat 3 h 'W~~ Park Pbn 2 snd psnnl EE uf Parcel "A'ss slhawn on ths plat sf gurney af the Eeet hslf af the ~lief~n 34,Township 70 North,Range 2$ West of the 3 P.M., City of We~Qsllss County,laws, prepared hy gtshnp Engineering Cnrnpsny dated ~her s, 203n,snd Sbnt of record an Rtnernber '4,2014,In~20te 'et Psgs XSS72 af the '.rsennh af ths ,Recanter af Osgss County,l~ S 8 P OEVELOPMENf,LLWCDIN,LLC.(~aftot2in W~'(~cfhnt3bsW~8~Perk Plat 2)'8~~Pbn 3) fhds W.Funk TMc:t SW45e'Tide:~I-I5-I 3 Pared 'C,'ss s~n on the Flat of Sunny of the Esst %of the SK )t uf ~SS, 'Tawnshlp 79 Nonh, Rsnge 20 West.uf the 3 P.M.,Chy of ,Wsuhse,0sihn County,tress nre psrsd nb Bhhag Engineering Company dated July 22,1997, i and flied of record on i July 24,1997,ln Book '842atpage469ofthe 'records of the ,Recorder of Dallas Coun owa,) Ey: Phili Sumner Wotth Ticle:President Date:+ural/total)(5,+/f CITY OP WAUKEE,IOWA ATIEST: Title: Date:City Clerk Date: CRAIG tiy.JESS"=:ix Commission Number 73076 ur Commission Expires September 30,2019 HTxnioslowx,ooUNTYOPI3x//wx .ss: This record was acknowledged before me on the Q day of Jis ~xeric Philip Sumncr Worth,who is the President of Gilcrest/Jcwett L Signature of o Public 2'I~hy Engineering Company dated July 22,lSSiy, snd flied af record on July 24,1892,in Soak &42st ~465aftbe records af the Rsaarder af Dsyss County,taws.j STATS OF TOWA,COUNTY OF 88r Thbr ~eras ~~~rsn an tba dsy of PhBiF ~Worthr odo is tba Beddrnt of ~Jeueu Lumber ~. STATLr OF ACi~.COUNTY OF ~~6fJc .88: This~~~nol baSorarsnonthaL dsyof Q6rr~~cytSL orho is lbe ~~~a~8 St P BevehrtunenL LLC,sn Taws Smiled lbrhtSW JACLYM STEWART rtorsry puslic ~Ariroos Mcricops Gouoty My Comm.Erpiroo Dcc T,202S covenants to WARRAN'I'AND DEFEND title to their respective portions of the Easement Area against the claims of all persons whomsoever. Words and phrases herein,including acknowledgment hereof,shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. rt » Signed this/~day of ~A»/201+ GI LCREST/JEWE3"1' LUMBER COMPANY (Owner of Lot 3 in Westgate Business Park Plat 2 and Parcel "EE"of Parcel "A"as shown on the Plat of Survey of the East half of the Southeast »/.of Section 34,Township 79 North,Range 26 West of the 5'P.M., City of Waukee,Dallas County,iowa, prepared by Bishop Engineering Company dated November 4, 2014,and filed of record on November 4,2014,in Book 2014 at Page 14972 of the records of the Recorder of Dallas County,iowa, S &P DEVELOPMENT,LLC (Owner of Lot 2 in Westgatc Business Park Plat 2) By; Title: Date: DJN,L.L.C. (Owner of Lot 3 in Westgate Business Park Plat 3) Dale W.1'unk 1'itle:Manager Date:/-9 ~/ and Parcel "C,"as shown on the Plat of Survey of the East /»of the SE /»of Section 34, Township 79 North, Range 26 West of the 5'P.M.,City of Waukee,Dallas County,iowa prepared by Bishop S'I'ATE Ol'NL'BRASKA,COUN'I'Y OI'DOUGLAS,SS This record was acknowledged before me on the /~day of I3ale W.I'unk,Manager of DJN,LL.C.,an lowe limi ed liability company. Signatur'e of Notary Public GBINRAL NQIAR74tate af Nsbnsaa BANEY E INEGKNEIa Mr canna.Ran,June ta,201 7 CONSENT TO EASEMENT Security National Bank of Omaha as mortgagee under the below described mortgages hereby consents to the granting of the attached Easement and covenants and agrees that in the event of any enforcement or foreclosure action pursuant to said mortgages,the Easement shall survive such enforcement or foreclosure action and shall remain in full force and effect: Mortgage dated September 21,2005,and fried on October 6,2005 in Book 2005 at Page 16941 of the records of the Recorder of Dallas County,iowa from DJN,LLC, Mortgage dated April 2,2008,and filed on July 28,2005,in Book 2008 at Page 10443 of the records of the Recorder of Dallas County,Iowa from DJN,LLC. Mortgage dated July 18,2011,and filed on July 29,2011,in Book 2011 at Page 9349 of the records of the Recorder of Dallas County,lowe from D JN,LLC. SKCU ITY ATIO BANK OPr OMAHA By T tl: Date: STATE OP NEBRASKA,COUNTY 01 DOUGLAS This instrument was acknowledged before me on the 8 day of ntacur,2017,by who is the o Security National .Bank of Omaha. rSENERAL NOTARV.State ut Nebraaka .BAMANTHAA.ZEFtZAN tt Beraru.Exp.February ta,201 B Notary Public in and for said State ,Engineering Company dated July 22,1997, and filed of record on July 24,1997,in Book 842 at Page 465 of the records of the Recorder of Dallas Title:President Date:+a fibiu 7'rI~E~Q CITY OF WAUKHE,IOWA ATTEST: Tide: Date:City Clerk Date: CRA36 iiy ogx™ Commrssion ruumber 73076 My Commission Expires September 30,ZQW srxrsoplowA.cooNrxorlb //wx .ss: This record wss acknowledged before me on the ~/day of Jrs n esi r y Philip Sumuer Worth,who is the President of Gilcrestr'Jewett L ber C6mpany. Signature of o Public 201~by LiXHIB IT "A" LEGAL DESCRIP'I'ION OF THAT POR'I'ION OF EXISTING SIJRFACI";WATI.;R FLOWAGE EASEMENT 'I'0 Bl AMENDED 'I'he Amendment pertains only to that portion of the Surface Water I'lowage L'asement granted to the City by L'ast Park Development,L.L.C.dated November 13,2000,and filed on November 27,2000,in Book 2000 at Page 12293 of the records of the Recorder of Dallas County,Iowa ("Surface Water I"'lowage Easement")within the Southerly Portions of Lots I,2 and 3 in Westgate Business Park Plat 2,an Official Plat in the City of Waukee,Dallas County,Iowa. (I'ormer lot I of Westgate Business Park Plat 2 was replated as lots I,2,and 3 of Westgate Business Park Plat 3 on October 31,2007 as recorded at Book 2007 Page 16980 of the Dallas County Recorder's Office),over which a portion of the aforementioned easement is situated. A PARCEL OF LAND LOCA'I'ED IN LOT 3 WESTGA"I'E BUSINESS PARK PLAT 2,AS RECORDED IN BOOK 2000,PAGE 12285 OF THE DALLAS COUN'I'Y RECORDER'S Ol'FICE,DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BIIGINNING AT 'I'HE SOU'I'HFAST CORNER Ol"'SAID LOT 3,THENCE NORTH 89'53' 30"WES'I',306.27 FEET ALONG THE SOUTH LINE OF SAID LO'I'3 TO THE WEST LINE OF SAID LOT 3;'I'HENCE NORTH 00'27'32"EAST,125.01 FEET ALONG SAID WES'I' LINE 'I'0 THE NORTH WESTERLY LINE OF SAID LOT 3;THENCE NORTH 42'28'17" EAS'I',121.93 FEL'T ALONG SAID NOR'f H WESTERLY LINE;THENCE SOUTH 00'34' 18"WES'I',148.70 FEET;THENCE SOU'I'H 84 48'50"EAS'I',245.10 I'EET TO THE EAST LINE Ol'SAID LOT 3;THENCE SOUTH 23'45'57"WEST,48.81 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SAID TRACT CONTAIN 26,975 SQUARE FEET OF 0,62 ACRES MORE OR LESS, SUBJEC'I'TO EASEMENTS AND RL'STRICTIONS OF RECORD. THL'SOUTH LINE.OF WFSTGATE BUSINL'SS PARK PLAT 2 IS ASSUMED TO BEAR NORTI-I 89'53'30"WEST. AND; A PARCEL OF LAND LOCATED IN LOT 2 OF WESTGATE BUSINESS PARK PLA'I'2,AS RECORDFD IN HOOK.2000,PAGE 12285 OI''THE DALLAS COUNTY RECORDER'S OI'FICE,DALLAS COUNTY,IOWA,MORI',PARTICULARI-Y DLSCRIBED AS I'OLLOWS: BEGINNING AT THE SOUTklEAS I'CORNER OF SAID LOT 2,THL'NCE NORTH 89'53' 30"WEST,382.52 FEEI ALONG 'I'HE SOUTH LINE Ol'SAID LOT 2 TO THL'WEST LINL' OF SAID LOT 2;THENCE,NORTH 23"45'57"EAST,48.81 FEET ALONG SAID WEST LINE;THENCE SOI7I'H 84'48'50"EAST,166.20 FLET;THENCE.SOUTH 89'53'30" EAST,197.55 FEET TO THE EAST LINE OF SAID LOT 2;THENCE SOUTH 00'24'34" WEST,30.00 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SAID TRACT CONTAIN 12,546 SQUARE FEET OF 0.29 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AND; THE SOUTH 30.00 FEET OF LOT 3 OF WESTGA'I E BUSINESS PARK PLAT 3,AS RECORDED IN BOOK 2007,PAGE 169110 OF THE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY,IOWA. SAID TRACTS CONTAIN 15,608 SQUARE FEET OF 0.36 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. kJXI-IIBI'I'"B" LI"'GAI,DESCRIP33ON S'I'ORM SEWER AND SVRFACF.WATER FLOWAGL'EASEMENT A PARCEL OF LAND LOCATED IN LOT 3 WES'I'GA'I'F.BUSINESS PARK PLA'I'2,AS RECORDED IN BOOK 2000,PAGE 12285 Ol'TIJL'DALLAS COUNTY RECORDFR'S OFFICL',DALLAS COUN"I'Y,IOWA,MORE PAR'11CULARLY 13ESCRIBED AS FOLLOWS: BEGINNING AT 'I'Hl SOU'I'HEAST CORNER Ol'SAID LOT 3,THENCE NORTkl 89'53' 30"WEST,306.27 FEET ALONG THE SOVTH LINE Ol'SAID LOT 3 TO THE WEST LINE OF SAID LOT 3;TkIENCE NORTH 00'27'32"EAST,125.01 I'EET ALONG SAID WES'I' LINE TO 'I'HE NORTHWES'I'ERI.Y LINE OF SAID LOT 3;I I IENCE NORTH 42'28'17" FAST,121.93 FEL"I'ALONG SAID NORTHWESTERLY LINE;THENCE SOUTH 00'34' 18"WEST,148.70 FEET;THENCE SOVTH 84'48'50"FAST,245.10 FEE"I'TO Tl-IE EAST LINE OI"'SAID LOT 3;THENCE SOUI'H 23'45'57"WEST,48.81 FEET ALONG SAID L'AS'I'LINE TO 'I'HE POINT Ol'BEGINNING. SAID TRAC'I'CONTAIN 26,975 SQUARE FEET OF 0.62 ACRES MORE OR LESS, SUBJL'C'I TO EASL'MENTS AND RESRICTIONS OF RECORD. THE SOVTI I LINE Ol'WLSTGATL'BUSINESS PAIkK PLA I'2 IS ASSUMED TO BEAR NORTH 89'53'30"WEST. AND; A PARCL'L Ok'LAND LOCATED IN LOT 2 OI'WESTGATE BUSINESS PARK PLAT 2,AS RECORDED JN BOOK 2000,PAGE 12285 OF THE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUN'I'Y,IOWA,MORE,PARTICVLARLY DESCRIBED AS I"'OLLOWS: BEGINNING AT THE SOUTHEAST CORNER Ol'SAID LOT 2,'I'HENCI",NORTH 89'53' 30"WLST,382.52 FEET ALONG THE SOU I H LINE OF SAID LOT 2 TO THE WEST LINE OF SAID LOT 2;THENCE NORTH 23'45'57"EAST,48.81 FEET ALONG SAII)WIJS'I' LINE;TJJENCE SOUTH 84'48'50"LAST,166.20 FEEl';THENCE SOUTH 89'53'30" EAST,197.55 FEET TO THE EAST LINE OF SAID LOT 2;THENCE SOUTH 00'24'34" WES'I',30.00 FFFT ALONG SAID EAS'I'LINE TO TIIE POINT OF BEGINNING. SAID 'I'RACT CONTAIN 12,546 SQUARE Fill"I'Ol'0.29 ACRES MORI',OR LESS, SVB3ECT I'0 EASL'ML'N I'S AND RESRICTIONS OF RECORD, AND; A PARCEL 01'LAND LOCATED IN LO'I'2 Ol'WFS'I'GATE BUSINESS PARK PLAT 2,AS RFCORDED IN BOOK 2000,PAGE 12285 OF "I'HE DAL,LAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY,IOWA,MORE PARI'ICULARLY DESCRIBED AS I"'OLLOWS: COMMENCING AT TklE SOU'I'Hl.'AST CORNL'R Ol'SAID LOT 2,THENCE NORTI-I 00' 24'34"EAS'I',30.00 I'EET ALONG 'I'HL'EAST LINL'Ol'SAID I OT 2 TO THE POINT OF BL'GINNING;'I'klENCE,NOR'I'll 89"53'30"WEST,197.55 I'L'L'T;'I'HL'NCE NOR'I'H 84'48' 50"WES'I',112.98 I'FET;THFNCE SOIJJ'H 89"53'30"EAST,310.14 VI..'I"'T TO SAID EAS'I' LINE OF LO'I'2;'I'HENCE SOUTH 00'24'34"WES'I',10.00 FEEI'AI.ONG SAID FAS'I' LINE 'I'0 THE POIN'I'Ol'BIJGINNING. SAID PARCL'L CON'I'AINS 2,538 SQUARE I"'I ET OR 0.06 ACRJJS MORE OR LL'SS, SUBJECT 'I'0 EASEMENTS AND RESTRIC'I'IONS OF RECORD. I'OR 'I'HE PURPOSE OI'THIS DESCRIPTION ALL BEARINGS AND DIS'I'ANCES ARE, REFERENCED TO NAD83(2011)IA SPCS SOU'I'H /ONE,US SURVEY I"'OOT. AND; THI',SOIJTkl 30.00 I"I',I",I OF J.OT 3 Ol'WFSTGATE BUSINESS PARK PLAT 3,AS RECORDED IN BOOK 2007,PAGL"16980 OV THE DALLAS COUNTY RECORDER'S OVFICI";,DALLAS COUNTY,IOWA. SAID TRAC'I'S CONTAIN 15,608 SQUARE I'FET OF 0.36 ACRI S MORE OR LESS, SUBJEC'I''I'0 L'ASL'MEN'I'S AND RES'I'RJC'ilONS Ol'RECORD. AND; A PARCEL Ol'LAND LOCA'I'ED IN LOT 3 Ol'WL'STGA"I'E BUSINESS PARK PLAT 3, AN Ol'FJCJAL PLA'I',IN THL'CITY OF WAUKFF-,AS RECORDED IN BOOK 2007,PAGE 16980 OF 'I'HE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY,IOWA, MORE PARTICULARLY DFSCRIBFD AS FOLLOWS: COMMENCING AT 'I HE SOUTHEAST CORNL'R OF SAID LO'I'3,THENCE NORTH 00' 21 '19"L'AST,30.00 I'EL'T ALONG 'I'HE WEST RIGH'I'-OF-WAY LINE Ol'SE ALICES ROAD TO 'I'HE POINT Ol'BFGINNING;THENCE NOR'I'H 89'53'30"WEST,520.24 FEET TO THE WEST LINE OF SAID LO'I'3;THFNCE NOR'I'H 00'24'34"EAST,10.00 VEE'I' ALONG SAID WEST LINE;THLNCL'SOUTH 89'53'30"EAS1',520.23 I"'EET TO SAID WES'I'RIGHT-OF-WAY LINE;THENCE SOUTkl 00'21'19"WES'I',10.00 FEET ALONG SAID WES'I'RIGHI'-OF-WAY LINE TO TJIF POINT Oi'BEGINNING. SAID PARCEI,CONTAINS 5,202 SQUARE FEIJT OR 0.12 ACRES MORI:OR LESS, SUBJECT 'I'0 EASL'MEN'I'S AND RESTRICTIONS OF I&ECORD. I OR THE PURPOSL'OF TI IIS DL'SCRIPTION ALL BEARINGS AND DISTANCES ARL' REFERENCED "I'0 NAD83(2011)IA SPCS SOUTI-I ZONE,US SURVIJY VOOT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIII Doc ID:007046330005 Type:EASERecorded:02/27/2017 at 12:14:50 PttFeeAfst:$27.00 Page 1 of 5DallasCountyIowa Chad C.Airhart RECORDERFtlee-20|7-3497 TEMPORARY CONSTRUCTION EASEMENT City of Waukee,IA —Gilcrest/Jewett Lumber Company Recorder's Cover Sheet Preparer Information (name,address and phone number): Steve Brick Brick Gentry Law Firm 6701 Westown Pkwy.,Ste.100 West Des Moines,IA 50266 Phone:(515)274-1450 &Bill/Return Document to (name and complete address): Rebecca D.Schuett City Clerk,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Phone:(515)987-4522 Legal Description:SEE EXHIBITS Pre urer tnlonnatiorr Steven P Brick 6701 Westown Purkwav Suite 100 West Deslv1oines lowa50266 515 774-1450 Return to City Cler Cit'of'Waukee 230 ui hwav 6 kuaukec lowa50263 415 987-4522 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned,Gilcrestl)ewett Lumber Company,an Iowa corporation, hereinafter referred to as "Grantor",in consideration of the sum of One Dollar ($1.00),and other valuable consideration,in hand paid by the City of Waukee,Iowa,receipt of which is hereby acknowledged,do hereby sell,grant and convey unto the City of Waukee,Iowa,a municipal corporation,in the County of Dallas,State of Iowa,hereinafter referred to as "Grantee",a temporary construction easement under,through,and across the following described real estate: See Attached Exhibit "0I-T"(oEasement Area") That the above-described easement is granted unto the City of Waukee,Iowa,for the purpose of construction and installation of the following public improvements: SOUTHEAST ALICE'S ROAD IMPROVEMENT PROJECT This temporary construction easement shall terminate and be of no force and effect one (I )year after the date of final completion and acceptance of said completed improvements by the City. The Grantee agrees to restore the Easement Area to a condition after construction substantially the same as prior to entry by the Grantee,except for any grading and above ground improvements which shall remain in place as part of the improvement.The surface of the Fasement Area will be seeded or sodded and/or left in its natural state as shown on the proposed plans for the project. The Grantor agrees that the improvements proposed herein,and the reasonable restoration of their property,as set forth in this easement aforesaid,shall be full and complete satisfaction and consideration ol and for this easement,and Grantor expresses agreement that no other liability shall attach or be charged or claimed against the Grantee as a result of or because of the construction of the improvement intended,or the use of the easement herein granted. The Grantee will indemnify snd hold harmless Grantor from any and sll damages, injuries,or losses arising out of Grantee's use of the easeinent or the work done in connection therewith. The Grantor does hereby covenant with the said Grantee,and successor-in-interest,that said Grantor holds said real estate by title snd fee simple;has good and lawful authority to sell and convey the same;that said premises are free and clear of all liens and encumbrances whatsoever,except as may be herein stated;that said Grantor covenants to warrant and defend the said premises against the lawful claims of sll persons whomsoever,except as may be herein stated. rswrrxsssssmssos,s s.our a s oss /8 or r dnvs 2017. GILCREST/JEWETT LUMBER COMPANY Nsm:hail' STATE OF IOWA ) )ss. COUNTY OF P~//&3 ) On this J3'day of ~»u pry .2017 before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared At/r/p 5qesusc jI/rrr K„me personally known,who being by me duly sworn,did ssy that the person is the rwsi s~g of Gilcrest/Jewett Lumber Company,sn Iowa corp tion,d that the instrument was signed on behalf of said company by authority of its rs s/nss 7 'snd that said person acknowledged the execution of the foregoing instrument to be the voluntary act snd deed of the company and by it voluntarily executed. s.*R/tlG Cl.JEbiSEN + ';ommisaon Number 730767 aiy Commission Expires September 30,2019 Notary Public in d for the State of Iowa My Commission expires 9 /3o /1 /g Prepared by Jody Budde,5191 Birchwood CQUrt,Sons L,Johnston,IA 50131 Phone:515-254-1393 Ll TEMPORARY CONSTRUCTION EASEMEN1 BEING CONVEYED TO THE CITY OF WAUKEE SE ALICES ROAD IMPROVEMENTS PARCEL 01 N-+- FND CUT X EU4CORNERB LOT 3 SOUTH LINE OF WESTGATE BUSINESS589'53'30"E 103510''PARK PLAT 2 SEC 34-79.26BRBBVV LOT 2 50' POB FND \"IP CAPT3169 MTT NOTE MQNUMTNTS SHOWN TOSTSBTWILLBEESIABLISHBOAFTER OHSTRUCT ION IS COMPLSTEOt N 89'53'3tt"W 845 lo' 5 00'21'19"W 20.00'NOQ'2('l9"E 20,00' N BIP 53'30"W 50.00'N 89'53'3D W 13300' TEMPORARY EASEMENT EKHIBITDI-T PROPERTY OWNER: GILCREST/JEWETT LUMBER COMPANY 1100 ALICES ROAD PO BOX (000 WAUKEE,IA 50263 BOOK 840.PAGES 694 IL BBL .BB BBC N 00'21'19"E 195 00' S 89'53'30"E 33.00' N 00'21'19"E 75 CS N 69'53'3D"W 3300' NOD'21'19"E 211.99 5 89'37'43"E 12874 N 00'22 1?E 85 00 N 5?37'43"W 117 53' C6 C5 w I" IU 01 60 CBVo'U eo be PART OF LOT 2 oe BLVV eV C4 / 0 Y I 0Q ¹ io2 03 iO, UTLO LOT 3 BReoL LOT I LITOLND / S 55'21'50"W i 28 04' SE UNIVERSITY AVENUE 0 (MI (R( I.R. IP POUND SECTION CORNFR L¹ONULIBNI SET STCTtotl CORNER MQNUMSNT FOUND 92'RBROD WIYTLLOW CAP¹1674'/(UNLESS NOTBOI SC\SIB'RBROO WIPtNK CAWI22047 (UNLESS NOTTC I Lt¹ABURTD DIMENSION RECORDBQ DIMGNSIQN IRON ROD IRON PIPE SFCTION LINE RIGHT.OF WAY LINE GKI¹ltNG LOT UNB PROPGRTYUNG CI C2 12'I 32' 52 52' C3 38.38 C4 05 I IHI5 4G85 CURVE LENGTH RADIUS 758.50 13'l,oo' 16 Lop 17SDO 124.QQ CHD.LTNGTH CHG STARING 12'1.16'307 I'I'I?'N 52.21 923'OI'44 "N DELTA O'I'46'Ds" 21'3S'5'I" TAN 64 82' 26,58' 38.2'I S2I Dl'31 "it 13'O'I'27"I'I 28' N2 I '01'3 I "E41.85 46.5S'N23 Dl'44 "E 13 3'I'27" 21 38'5'I' 21.08' 23,71 FNO 3I4"tP SE CORNER SEC 34-70-26 LINT TABLE LINE LENGTH BEARING LI 45.QQ Itoo 2114'E CURVE TABLE TTA¹PORA¹¹Y CONSTRUCTION EASEMENT 80.24 743.5Q D6'l I'01Stl.2D NOT OG'44'6 40.18 IPLETED.JULY 2016FIELDSURVEYCOIL SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE,IA 50263 TEL/(515(987-4363 FOTH PROJECT NO 16IN021.01 DATE 12I2I2016 +Forth FTINI t t t BE I t,LLC H Bi ~5 t I lA¹ttlt-2 0tlt¹0 TM 0 00 .0 ¹ SHEET I OF 2 Prepared by Jody Budde,8191 Birchwood Court,Suite L,Johnston,IA 50131 Phone.515-254-1393 TEMPORARY EASEMENT EKHIBIT01-T TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE SE ALICES ROAD IMPROVEMENTS PARCEL 01 PROPERTY OWNER: GILCRESTIJEWETT LUMBER COMPANY 1100 ALICES ROAD PO BOX 1000 WAUKEE,IA 50263 BOOK 840.PAGES 694 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE EAS7 HALF OF THE SOUTHEAST QUARTER QF SECTION 34,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCiPAL MERIDIAN,DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBEO AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF LOT 3 OF WESTGATE BUSINESS PARK PLAT 3,AN OFFICIAL PLAT,IN I'HE CITY OF WAUKEE.THENCE SOUTH 00'21'19"WEST,566.16 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SE ALICES ROAD:THENCE SOUTH CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 129.32 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE WEST WITH A CENTRAL ANGLE OF 09'46'063 ALONG A 758.50 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 07'19'12"WEST,129.16 FEET;THENCE SOUTH CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 52.52 FEET ALONG THE ARC QF A TANGENT CURVE CONCAVE WEST WITH A CENTRAL ANGLE QF 21'38'59L ALONG A 139.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 23'01'44'WEST.52.21 FEET.THENCE SOUTHWEST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 38.38 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE SOUTHEAST WITH A CENTRAL ANGLE QF 13'39'275 ALONG A 181.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 27*0131"WEST,35.29 FEET;THENCE SOUTH 20'l I'47"WEST,297 82 FEET CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE:THENCE SOUTH 55'21'50"WEST.26.04 FEET CONTINUING ALONG SAID WEST RIGHTJ36-WAY LINE,THENCE NORTH 20 11'47"EAST.319 11 FEET;THENCE NORTH A DISTANCE OF 41.95 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EAST WITH A CENTRAL ANGLE OF 13'39'273 ALONG A 176.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 27'01'31"EAST,41.85 FEET;THENCE NORTHEAST A DISTANCE OF 46.85 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE NOR7HWEST WITH A CENTRAL ANGLE QF21'38'59,ALONG A 124 00 FOOT RADIUS WITH A CHORD THA7 BEARS NORTH 23'01'44"EAST.46 58 FEET; THENCE NORTH A DISTANCE OF 80 24 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE WEST WITH A CENTRAL ANGLE DF 06 11'013 ALONG A 743.50 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 09'06'44"EAST, 80.20 FEET;THENCE NORTH 89'37'43'WEST,117.63 FEET;THENCE NORTH 00'22'17"EAST,85.00 FEET; THENCE SOUTH 89'37'43"EAST.128.74 FEET;THENCE NORTH 00'21'l9"EAST,211.99 FEEl'THENCE NORTH 89'53'3tl'WEST,33 00 FEET;THENCE NORTH 00'21'le'EAST,75 00 FEET;THENCE SOUTH 89'53' 30 EAST,33 00 FEET;THENCE NORTH 00'21'19'EAST,195.00 FEET,THENCE NORTH 89'53'30"WEST, 13300 FEET;THENCE NORTH 00'27 19"EAST,20 00 FEET THENCE NORTH 89'53'30'WEST 845 10 FEET; THENCE SOUTH 00 21'l9"WEST,20.00 FEET;THENCE NORTH 89'53'30'WEST,50.00 FEET;THENCE NORTH00'21'19"EAST,45.00 FEET TO THE SOUTH LINE OF WESTGATE BUSINESS PARK PLAT 2;THENCE SOUTN 89' 53'30"EAST,1035.10 FEET ALONG BAIO SOUTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 54,208 SQUARE FEET OR 1.24 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RESTRICTIONS QF RECORD. FOR THE PURPOSE OF THIS DESCRIPTION ALL 8 EAR INGS AND DISTANCES ARE REFERENCED TO NAD83(201 1 I IA SPCS SOUTH ZONE,US SURVEY FOOT SURVEY FOR' CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE,IA 50263 TELJ I515198T-4363 FQTH PROJECT NO 16W02IJH DATE.12I2I2016 O'Foth Fot&l fn In 14 &9 I I,LL0rf~.4 L P 4 444»7 4 5454 Nr SHEET 2 OF 2