HomeMy WebLinkAbout2017-01-16-Resolutions 17-031_Alice's Rd Corridor Phase 4 - Purchase Agr - Easements - Williams Pointe Commercial I LCTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-031
APPROVING PURCHASE AGREEMKNT,PUBLIC UTILITY EASEMENT AND
TEMPORARY CONSTRUCTION EASEMKNT RELATED TO ALICE'S ROAD
CORRIDOR IMPROVEMENTS,PHASE 4 [WILLIAMS POINTE COMMERCIAL I,
LC]
IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,JOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,it has been determined that the purchase of certain property for rights-of-way is
necessary for the purpose of construction of the Alice's Road Corridor Improvement Project,
Phase 4 (the "Project");AND,
WHEREAS,it has also been determined that a Public Utility Easement and Temporary
Construction Easement are necessary for the purpose of construction of the Project;AND,
WHEREAS,said purchase agreement and easements shall be located on a portion of the
property owned by Williams Pointe Commercial I,LC,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 Purchase Agreement,Public Utility
Easement and Temporary Construction Easement related to Alice's Road Corridor Improvement
Project,Phase 4,with payment made by the City to property owner(s)Williams Pointe
Commercial I,LC.
i .Pe d,Mayor
Attest:
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
~Bill/Return to:
Becky Schuett,City of Waukee
230 W.Hickfnan Rd.
Waukee,IA 60263
llllllllllllllllllllllllll1lllllllllllllllllllllllllllllllllllllllllllllllllll
Fae Amt'1 $37.CO Page I of 7
Dallas County Tot/0
Chad C.Alrhart RECORDER
BR 2017 -4494
~prepared by:Ryan K Guruclt 4 A R I and services,1609 Golden Aspen D „suitc104 Ames IA 500ui (515))u7 H97
PTIRCHASE AGREEMENT
PARCEL NO.13 CouiNTY DaBas
PRO.IKCT SK Alices Road Im rovemcnts CITY iyaukee,IA
SELLFRt Williams Pointe4'ommercial I L 4'an loiva limited liabilit c m an
THIS AfiREIINIENT ("Agr tment")made and ent red mto this IIDRda)of ,2017.b)and between Seller
and the CITY OF WACKE K,Ioiy 1,Buyer
WIIERFAS.Buyer hss threatened ro acquire by eminent domam.if necessary.Ice till pennanerit casement and temporao
construction easement (aa of which are iegaU)descnbed herein)for the purpose of puhhc improvement work relet"d to ibe espansmn
of Alice's Road
la SEI LER AGREES to sell and I'urnish to Buyer a caine)ance document,on formis)furnish d by Buyer,and Buyer agrees to
buy the louowmg real esmre,permanem easem nt,anil 6 temporary construction easemenk herematter retcrred to ns the
prerniics,situated m th
County of DaBav,State of Ioiva,and mare particularly descnbed on the attached acquisiuon plate marked coBecuvely as '*ii"
mcluding the foUowmg buildings,nnprovemerus and oth 'r propeny
AB land tree shrubs landsca in and surfacin attached to the rcmlses sou ht and described herein
I b Said Temporary Construction Easement shall tcrminat-upon completion oi the construction of tius pro)act and acceptance of
the protect by ihe City Council or 24 months,whichever occurs first SELLER ACK",IOWLEDGES I'uil settlement and
payment from Buyer (or aB cloims per the terms of tins Agreement and dischar s Buyer from habihtv becairse of this
Afpeement and the comtruction of ibis public improvement protect,esc"pt that Seller reserves any clann ibr any damages to
the prnperty during construcuan.The premises bmng purchasedt in ii:e also includes aU estales,nghts.title and interests,
including aU easements
Possession of lite premises is rhe essence el'thrs Agr anent and Buy r may nier and assume full use and enloymcntof the
premrscs p r thc terms ol'this Agreement SEI.LIIR GRANTS Buyer the immedmte right to amer the premises for tire
purpose of gathenng survey nnd sod data SEI.I.ER MAY surrender pnssession of the promises or buildmg or improvcmenr
or any pari thereof poor to the time at winch he hns heremali'r agreed lo do so.and agrees to give Buyer tcn (IV)days notice
ol'Sell r'7 intennon to do so by caUmg Buver collect
Buy r agre s lo pay and SEI.I.ER AGREES to grant the nght ol possession,convey tnle and surr nder phys~cat possessinn
of the premis s ss shown on or befor the dates hated below
PAYiilENT AMOUNT AGREED PKRFORNIAiNCK D'ITS OF PERFOR)IANCK/CLOSING
53,632.00
53.632.00
onconv ianceofutl
on surrender ot possesmon
on possession and conveyance
TOTAL 13:ilP SUit
60 days aRer Bu cr a ravel
Brenhdown Acygte.FFtI.
Land by Iree Title
Underlying Fee Tide
Permanent Easement
Temporary Conslniction I-;asement
3,559
1,162
10,304
sq.fl.
sq.(t.
sq.fi.
sit.(t.
F nce
Fence
rods wov n
rods barhrdl
DISTR I BUT IOR:TRO COPIES IIETURIIED TO BUYER —ONE COPY RETAI RED BY BELIER
Page I of 3
Shl.l.l!R WARRAN I 3 rlaa there an:no rr:nants on th prcrmses holdm under lease except iBone
I hi ~Agreem nt shall appl&to and bind thc legal successors in iruerest ot rhe Seller and!iELI.ER AGREES to pay aU h ns
and assessments agamst the premises,includin aB taxes aod special assessments payable unul surrend r of pos»essmn as
required by th Code of lowm and agree&to v,nrrant good and iuflici nt title Names and addre.scs ot'henholders ore
imone
6 Bu&er may mclud'mortgagees,hcnholders,encumbrmicers mid taxmg mithoriues as payem on&warrant»issued m payment nf
this r&greement In addition to th Total Lump Sum.Buier agrees to pay $13000 I'or the cost ot'sddmg utle docunmnb
required by this transaction tn Seller's abstract ot title,
7 IfS Uer holils uric to ihe premucs isioini renanc&wnh full nghts ofsurvivorsinp and notes tenanis in common at the tin»eat'
tins Agreement,Buyer wiU pay mi&remmnmg proceeds to the survivor of tbatloint t nancy and will accept ritl solelv leon»
that survivor providerl Ibe joint I naricy hns not been de Iroyerl hy operaunn ol'law or acts of S Uer
g.These prenusei are bemg a quired for public purposes under thc threat of eminent domatn and thi»transfi:r is e».mpt lrom
the r quirmnents for lhc lihng ol a Declaration of Value by the ('oda of'loiia
9 Buyer hereby yves notice ot Sell r*s tive-year right lo rencgotiat cnn»tructron or mamt nonce dnrnages not apparertt at the
tnne ol'the stgmng of ttiis Agrcemcnt as required by the Code of loin,S ction 68 32
IO This Agre ment con»titutes tire ntire agreement bet»veen Buyer arid SeUer and Ihera is no agreement lo do or riot to do ally
act or deed except as sp«cilica07 provid rl I'or harem
ScUer states and ivarrants that.to the best of Self r's knot»i dge,th r is no bunal sit .iveU,soltd wast"disposal site.
hazardous substance,nor undr'.rground stornga tank on the premises descnb d and souaht harem.
tlu&er shall construck at no cost to Seller.on"(I &full access from Alic.'*s Road to Selter's property as gen raR»depicted m
tire draamg prepar d by Foth Engineenng aaached hereto m»E»hibit "B"As part of th considerauon for Seller's
undertakmgs and agr ament»set forth herein,Seller's pmimit&w»U be aBoived full access at the one (I )designated locatrrm
as generally depicted m E»hibit *0"(aBowmg I'uB mgrcss and egress tn aU traffic along Alice's Road m a northerly and
south rly directian)Said access shaU be a width of a nnmmum of thirty-sev n (37)t'ect u»de which pernnts a mmimum ot'
three (3)lanes of travel upon,ov r and across Iri th ev nt applicable design cntena at tlic rime Seller's developm nt plans
are ubmiaed m the City of Waukee do not aUoiv I'or the location ol'th aforementmned fuU access point,SeUer and Buv r
wiU work togeth r m good Anth to coordinate one (I)full access pomt alternate I'or SeBcr's property
13 Buyer does I»archy a rec to »vatic ns nght lo impose any t&pe of pecial ac»essment upon SeBcr's propeny north of
Umversay Avenue ivithin the City ol'Waukee as it relates to the sub&ect Ahce*a Road proiect to be t oinpl cled in 2017
14.In th event oi'default,or breach of this Agreement.bv either puny,Ihe other party ma&proceed immediately to cure and
remedy such default or breach In addition to such nghts either pap&niav have herein the other parry may miuate such
proceedings as may be necessary,in its opinion.to cure and remedy such default or breach mcluding.but not limited to
prnccmdai s in equiiy and at law,to collect damages from the del»ulung partv
13 AU of the terms and conduinnaot'this Agreemerit shall »urvive th closin and conv yance corn mplated by thi»Agreement
16 The parties agr eihar this Agre menu and amendm nri th reto ifany shall be ovcrnedby the lairs oftheState ofloiva.
DISTR IDUT ION:INO BIPIES RETURNED TO OUYBI —DNE COPY RETAINED OY SELLER
Page 2 of 3
SELLER'S SIGNATI/RE (VD CLAIVIAV'f'S CERTIFICATIOV:Upon du'apprnval anil execunon b&th Buyer,we ttie
undersigned claimants certify the Total I ump Sum payment shuun herein is lust and unpaid
WILLIAVISI'LV
'C .VIWIERCIAI.I,I..C.
tv
"wetitwttrfbwiwbmdhwsntesr yy}sop jo fyt N,"n }/I ~p '+.
PO Box 447
Wauk e,IA 30263
/,trmlwg dddrvss /
(NOTIR)'P(*R/UC PI LRS/:I"Ot/PLETR L//Ff./3'D R/G//ry/DF3'/
SEI.I.ER'S ALL.PL'RPOSE ACNVOWLEDGVIEVT
STATE Of IOiVA
COUNTY OF DALI.AS ',ss'
oti ibis szI 0 day or ~((tn},A I&20 17 .before me,th
undersmned.a Notary Public m and for said State,personaUY appeared
mwatsatwa erne aim Ph}
WIPED
fY/g 7p}P to me personaU)known
or P proved to me oii th basis ol sstisfacton.evtd nce to b the
person(s)whose name(a)is/are sobs nhcd to the ivition rccoril and
«cknowledgcd to mc that he/shc/they executed the same in his/lier/their
autbonz vI capacity(ies).and that hy lns/h r/thmr signetur (s)on the rei:crd the
person(s),or th enoty upori behaU'ol'which Ihe person(s)a ed,xecutcd Ih
i'Lconl
CAPACITY CLAIVIED BY SIGNER
INDIVIDUAI.2 CORPORATF.
Title(v)of Corporate Ooicer(s):
President
Q Corporate Seal is eRixed
H No Ccrporat"Seal procured
CIPARTNER(s)P Limned Perm rship
General Pannership
P ATTORNEY-R(-FACT
EXECUTOR(s)or T RUST EEls)
GUARDIAN(s)or CO NSF RVATOR(sl0OTI-II.R.
S8
N N
JEFFREY L.JENKS Jr}5 Comm)ss(on Number 785955
BB}ICommission fspirea 3'I ot o Public
September 8,2017
(Sign m Ink)
SIGix'ER IS REPRESFV'IIVG
I.ist namets)of entity (ies)or person(s)
)Vigmms Pomte Commercml I L C.
Recommended by'Ry K Gurwell,Project na
(Date)
Approved by Wtlliam F.Peard,Mayo
(Date)
Buyer's Acknowledgement
STATE OF IOWA
COUNTY DF DALLAS
)
j ss.
On this ~7%day of f44,2017,before me.the undersigned.Personally appeared William F.
Peard,known to me to be the M~a or and authorized representative of the Buyer and who did say
that the record was signed on behalf of the Buyer by its authority duly recorded in its
mrnutes.and said authorized representative acknowledged the exeoution of the record,whose
stgnature appears hereon.te be the voluntary act and deed of the Buyer,and by it voluntarily
executed
f}EBECCAD SCNU~
eo,v Commission Number 7i 6496
Fgy Commission Expires
Agay 13,2017 Signature of Notary Pub)tc
IIISTRIBUTION.TWO IDPIES RETURNED TD BUYER —ONE IN)PY SETA)NEO BY SELLER
Page 3 of 3
Prepared by Jody Budde,8191 Birohwood Court,Suite L,Johnston,)A 50131 Phone:515-254-1393
ACQUISITION PLAT
RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF WAUKEE
SE AL)CES ROAD IMPROVEMENTS
PARCEL 13
"A"
LEGAL DESCRIPTION'
A PARCEL OF LAND LOCATED IN PART OF LOT 2 OF WILLIAMS POINTE PlAT 9,AN OFFICIAL PLAT IN THE CITY
OF WAUKEE,AS RECORDED IN BOOK 2006,PAGE 5703 QF THE DALLAS COUNTY RECORDER'S OFFICE,
DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBEO AB FOLLOWS
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2;THENCE SOUTH 89'35'05"EAST,2000 FEET
ALONG THE NORTH LINE QF SAID LOT 2,THENCE SOUTH 00'21'19'WEST ALONG A LINE THAT IS PARALLEL
TO THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD,192.99 FEET TO THE NORTHEAST CORNER OF
STREET LDT 'A'OF WILLIAMS POINTE PLAT 15;THENCE WEST ALONG THE NORTH LINE QF SAiD STREET LOT'A"A DISTANCE OF 4.14 FEET ALONG THE ARC OF A CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF00'40'402 ALONG A 150.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 89'll'2D"WEST,4.14 FEET,
THENCE NORTH 99'SY 39'WEST,15.86 FEET TO SAID EAST RIGHT-DF-WAY LINE OF SE ALICES ROAD:
THENCE NORTH 00'21'19'EAST,192.98 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 3,859 SQUARE FEET OR 0 09 ACRES MORE OR LESS,SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD
D 55 IM
4ET
NOTE'MQNUMENTS SHOWN To BE
5 ET WILL BE ESTABLISHED AFTER
CONMNUGTION IS COMPLETED
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TD
NAD83)2011)IA 5PCS SOUTH ZONE,US SURVEY FOOT.
FND CUT X ~
Vn/4 CORNER
5EC 35-79-26
Sl'EXISTING ROIN 80'EXISTING ROW
PROPERTY OWNER;
WILLIAMS POINTE COMMERCIAL I,L.C.
6600 WESTOWN PARKWAY
SUITE 220
WEST DES MOINES.IA 50266
BOOK 2tl06.PAGE 1918
689'35'05"E 6000',
I
0
M B'3
O
M '
I
20'
N
PART OF
LOT 2
NE CORNER
STREET LOT "A"
6 89'35'05"E 20 00'
.1
VLX
DETAIL "A'
HGT TQ SCAlE
N 89'37'39"W 15.86'
Cl
SEE DETAIL "A"~
LEGEND
FND 3f4"IP
SW CORNER
SEC 35-rszs I
0
)M)
)R)
IR
I P.
POUND BECNON CORNER MDNUMEM
SET SECTION CONNER MDNUMENT
POUND tfz RENOD WIYELLOW
CGP516747 (UNLESS NOTED)
SET 5IS'NE NOD WIP INN CPP555547 (U NL EM NOTED)
MEASURED DIMENSION
RECORDED DIMENSION
IRON NOD
IRON PIPE
SECTIONLINE
EIGHT.OV.WAY LINE
ENISTIHG LOT LINE
PROPERlY LIHE
PNQPOSEQ NIGHTQP.WAY ACQUISITION
I
)
QUTLDTZ l
LOT 3
20 K
FIELD SURVEY COMPLETED'JULY 2016
JODY JL SUDDE.L 5
Li N I 52MV
MVI Id l DECEMSERGI,2516
Pa d N dhllh
OPTE
CUGVE T48LE
CURVE LENGTH 550IUS CHD.LENGTH CHD SEahING OELTS T5H
CI 4.14'35000'4.lt'NB'I'l7'2D"V Otl'40'40"207'
IhelehV aelef Ihal Ihh lahd 5 NST 55 det hl SNPSNd 5 dlh
SURVEY FOR:
CITY OF WAUKEE
230 HIGHWAY 6
WAUKEE,IA 50263
TEL )515)9674353
FOTH PROJECT No.16W021-01 DATE:9H6/2016
5 th lhnaatva tal &6 I 5 u,LLCeef~C 55 L
J 5 t45nal.ten
N 515754 Nel 51575 M 5
SHEET
I OF 1
Prepared by Jody Budde,5191 Birchwood Court,Suite L,Johnston,IA 50131 Phone.'515-254-1393
PERMANENT EASEMENT A
PERMANENT UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
SE ALICES ROAD IMPROVEMENTS
PARCEL 13
PROPERTY OWNER:
WILLIAMS POINTE COMMERCIAL I,L.C.
8800 WESTOWN PARKWAY
SUITE 220
WEST OES MOINES,IA 50266
BOOK 2006,PAGE 1918
LEGAL DESCRIPTION:8 55 IM
A PARCEL OF LAND LOCATED IN PART OF LOT 2 OF WILLIAMS POINTE PLAT 9,AN OFFICIAL PLAT IN THE CITY
OF WAUKEE,AS RECORDED IN BOOK 2006,PAGE 5703 OF THE DALLAS COUNTY RECORDER'S OFFICE,
DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBEO AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2;THENCE SOUTH 59'35'05"EAST,30.00 FEET
ALONG THE NORTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING;THENCE SOUTH 89'36 05"EAST,10.00
FEET CONTINUING ALONG SAID NORTH LINE;THENCE SOUTH 00'21'19'WEST,116.14 FEET,THENCE SOUTH59'41'07"WEST,10.00 FEET,THENCE NORTH 00'21'19"EAST,116.27 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,162 SQUARE FEET OR 0.03 ACRES MORE OR LESS,SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD,
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO
NAD83(2011)IA SPCS SOUTH ZONE,US SURVEY FOOT.
FlEF
NOTE'MONUMENTSSHOWNFOBE
SET WILL BE ESFABLISHEO AFTER
CONSTRUCTION IS COMPLETED
FND CU7 X ~
W1/4CORNER
SEC.35.79-26 w —EXISTING 10'PUE
50'EXISTING ROW O'EXISTING ROW
POC S89 35 05 E 3000
SBS 35'05"F KIOQ.
POB
90 t()'tot'CttL,«,
LEGEND
0
(M)
(R)
I.R.
I.P
5,
'1
-t
N 00'21'19"E 116.27
N5'
Z
FND 3/4"IP
SW CORNER j
SEC 35-79-28 j I I
FQUNO SECFIQN CORNER MONUMENT
SEI SECTION CORNER MQNUMEFQ
FOUND U2'REROO WIYELLOW
CAPSI 8747 (UNLESS NOIEDI
SEF 5IB'REROO WIPINK CAP822&47 (UNLESS NOFEO)
MEASURED DIMENSION
RECORDED OIMENBIQN
IRON ROO
I EON PIPE
SECTION LINE
RIGHT QF.WAY LINE
EXISTING LOT LINE
PROPERlY LINE
F E AMAH ENr UTILITY EASEMENT
500'21'19'W 11614'
PART OF
LOT 2
I
S89'41'07"W 10.00'
PROPOSED 2D ROW
LOT 3
OUTLI)7 z I
EXISTING 10'PUE
JODY A.SUODE.LB.
U N I 22847
Myl Id I,OECEMBERet,2elh
Pwl h t AMbylhl el
DATE
FIELD SURVEY COMPLETED:JULY 2016
Ih by dyylh tlhhl ed ylsed I 8 8 Nd Mlhe
de Ih I nh SMIF ff
SURVEY FOR:
CITY OF WAUKEE
230 HIGHWAY 6
WAUKEE,IA 50263
TELJ(515)987-4383
FOTH PROJECT No.IEWOEI Jn DATE:10/rl2016
Foth
FNIWEM \SF I t,LLCetete~~s ML
JN I .5455Ml 25M
Ft 55 GFIF 5 525 5 2
SHEET
1 OF I
Prepared by Jody Budde,8191 Birchwood Court,Suite L,Johnston,IA 50131 Phone:515-254-1393
TEMPORARY EASEMENT "An r
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
SE ALICES ROAD IMPROVEMENTS
PARCEL 13
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATEQ IN PART OF LOT 2 OF WILLIAMS POINTE PLAT 9,AN OFFICIAL PLAT IN THE CITY
OF WAUKEE,AS RECORDED IN BOOK 2006,PAGE 5703 OF THE DALLAS COUNTY RECORDER'5 OFFICE,
DALLAS CDUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2;THENCE SOUTH 89'35'05'EAST,20.00 FEET
ALONG THE NORTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING;THENCE SOUTH 89'35'05"EAST,30.00
FEET CONTINUING ALONG SAID NORTH LINE;THENCE SOUTH 00'21'19'WEST,150.10 FEET;THENCE SOUTH77'22'26"EAST,117 69 FEET;THENCE SOUTH 00'21'19'WEST,30 00 FEET;THENCE NORTH 89'48'l l"
WEST,17 97 FEET:THENCE WEST A DISTANCE OF 66.50 FEET ALONG THE ARC OF A TANGENT CURVE
CONCAVE NORTH WITH A CENTRAL ANGLE OF 10'53'133 ALONG A 350 00 FOOT RADIUS WITH A CHORD
THAT BEARS NORTH 84'21'35"WEST,86.40 FEET;THENCE WEST A DISTANCE OF 61.29 FEET ALONG THE
ARC OF A TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 10'02'013 ALONG A 350.00 FOOT
RADIUS WITH A CHORD TtlAT BEARS NORTH 83'55'59'WEST,81.21 FEET,THENCE NORTH 00'21'19"EAST,
192.99 FEET TO THE POINT DF BEGINNING.
D 88 ISS
FEEI
NOTE.MONU MENTS SHOWN TO BESETWILLBEESTABLiSHEDAFTER
COIISVRUCVION IS COMPLETED
FNDCUTX
Wl/4 CDRNER
SEC 35-79.26
50'EXISTING ROW
POB
BL'v'ULYR L)L
2 'OY
60'EXISTING ROW
6 89'35'05"E 2000'
S89'35'05"E 30tXI'E 6000+
,,I
SSE 35 OE
SAID PARCEL CONTAINS 10 304 SQUARE FEET OR 0 24 ACRES MDRE OR LESS,SUBJECT TO EASEMENTS
ANO RESTRICTIONS OF RECORD
PROPERTY OWNER:FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO
NAD83(201 I )IA SPCS SOUTH ZONE,Us SURVEY FOOT.
SUITE 220
WEST DES MOINES,IA 50266
BOOK 2006,PAGE 1918
PL'
m gl0
B,Z,
NE CORNER
STREET LOT "A"
FNO 3/4"IP ~
SW CORNER I
SEC 35-79-26 (I I
Sa-
ln
6 )).22'26,5It)8 5
C2
01
PART OF
LOT 2
9
600'21'19'W 30.00'
N BP48'll'W 1797
qL)
LEGEND
FOUND SECTION CORNER MONUMENT
SEV SECEDN CORNER MDNUMENV
~FOUND Et'RERODW/YELLOW
CAPE\874/BINLESS ROVED)0 sEV 6/8'RERDD w/PINK cAP872847 IUNLEss
(M)MEASURED DIMENSION
(R)RECORDED DIMENSION
I.R.I/tON ROD
I,P IRON PIPE
SECTIONUNE—RI0HV-OI.WAY LINE
EXISTINO LOT LINE
W L —PRO PE RIY IINE
VEMPORERV CONSTRUCTION EASEMEIO
OUTLOT 2
NDVEDI
CURV
LOT 3
FIELD SURVEY COMPLETED.JULY 2016
CURVE TABLE
LENErH RADIUS CHil.LEflCIH CHO BEARIHE DELIA Itn
66 50'350 00'66.40'NS4'2l'35"v IO'53'l3"33.35'
6I.2'I'350 00'Sl.tl'NS3'55'5'I"N IO'02'Ol"SD.)2'
SURVEY FOR:
CITY OF WAUKEE
230 HIGHWAY 8
WAUKEE,IA 50263
TEL:(515)987%363
FOTH PROJECT NO.I BW021-01 DATE.9/16/2016
Foth
Potnlnf nn m aEn I nm nt,LLC
I Vt~6 nnmL
/8 .I ml ttn
Pl tt*444 ltmr Mtm l6 4
SHEET
I OF 1
t~l
C/l
z0
&n 0
Z w
W v)
2ww00 o~~Ex=
z I~
w Enw&uZ
w
8
]f~gg
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID:007057120005 TYPe:EASE
Recorded:03/15/2017 at 08;40:51 Aff
Fee Amt:$27.00 Page 1 of 5
Dallas Countv Iowa
Chad C.Airhart RECORDER
F i left
ER 20 17 F04497
TEMPORARY CONSTRUCTION EASEMENT
Recortler's Cover Sheet
Preparer Information:Ryan K.Gurwell,A db R Land Services
1609 Golden Aspen Dr.,Suite 104,Ames,IA 50010
(515)337-1197
6@g
Return Document To:City of Waukee,iowa
Rebecca Schuett,City Clerk
230 Highway 6
Waukee,iowa 50263
Grantor:Williams Pointe Commercial 1,L,.C.,an iowa limited liability company
Grantee:City of Waukee,iowa
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
The undersigned,Williams Pointe Commercial I,L.C.,an Iowa limited
liability company,(hereinafter referred to as the "Grantor"),in consideration of the sum
of One Dollar ($I.00)and other good and valuable consideration,the receipt and
sufficiency of which is hereby acknowledged,does hereby sell,grant,and convey to the
CITY OF WAUKEE,IOWA,a municipal corporation (hereinafter referred to as "the
Grantee"),a temporary construction easement ("Easement")under,through and across
the following described real estate:
SEE TEMPORARY EASEMENT PLAT ATTACHED HERETO
(hereinafter referred to as the 'Easement Area")
That the above-described easement is granted unto the Grantee for the purpose of
construction and installation of the following public improvements:SE Alices Road
lm rovements Pro'ect
This Easement shall terminate and be of no force and effect upon the earlier of
the completion and acceptance of said completed improvements by the Grantee or
twenty-four (24)months from the date of this Easement.
The Grantee agrees to restore the Easement Area to a condition after construction
substantially the same as prior to entry by the Grantee.The surface of the Easement 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,the agreed upon
compensation,and the reasonable restoration of their property,as set forth in this
easement aforesaid,shall be full and complete satisfaction and consideration of 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 and hold harmless Grantor from any and all damages,
injuries,or losses arising out of Grantee's use ol'the Easement or the work done in
connection therewith.
The Grantor does IIEREBY COVENANT with the said Grantee,and successor-
in-interest,that said Grantor holds said real estate described in this Easement Area by title
in fee simple;that Grantor has good and lawful authority to sell and convey the same;and
that said Grantor covenants to WARRANT AND DEFEND the said premises against the
lawful claims of all persons whomsoever,except as may be herein stated.
Signed this)o day of ,2017,
GRANTOR
WILLIAMS POINTE COMMERCIAL I,L.C
CITY OP WAUKEE
Mark Main,Vice-President lliam F.ear,Mayor
Attest:
Rebecca D.Schuett,City Clerk
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
On this e).ts)day of Jan rxrarx,2017,before me,the undersigned,a
Notary Public in and for said County an the State of Iowa,personally appeared Mark
Main,to me personally known,vvho being by me duly sworn,did say that that person is
Vice-President of the limited liability company executing the foregoing instrument;and
that the instrument was signed on behalf of the limited liability company by authority of
its members;that Mark Main acknowledged the execution of the instrument to be the
voluntary act and deed of the limited liability company,by it and by him voluntarily
executed.
7
JEFFREtf L.JERKS JR
p ~Number 755s55
attr casnmlsslon Expires
september 8,7.01 7
N Pu
'
in and for the State of Iowa
STATE OF IOWA )
)SS
COUN1 Y OF DALLAS )
On this 0 day of D ,20 I 7,before me,the undersigned,a
Notary Public in and for said County and the State of Iowa,personally appeared William
F.Peard and Rebecca D.Schuett,to me personally known,who being by me duly sworn,
did say that they are the Mayor and City Clerk of the City of Waukee,Iowa,a municipal
corporation.executing the within and foregoing instrument and acknowledged that they
executed the same as their voluntary act and deed of the City of Waukee,by it and by
them voluntarily executed.
KATHRYN E.PURVIS
Commission Number 794513
My Commission Expires
February 10,2019
Notar Public in and for the ate of Iowa
Prepared by Jody Budde,5191 Birchwood Court,Suite L,Johnston,(A 50131 Phone:515-254-1393
TEMPORARY EASEMENT EKH)B)T13-T
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
SE ALICES ROAD IMPROVEMENTS
PARCEL 13
LEGAL DESCRIPTION:
A PARCEL QF LAND LOCA7EO IN PART OF LOT 2 OF WILLIAMS POINT E PLAT 9,AN OFFICIAL PLAT IN THE CITY
OF WAUKEE.AS RECORDED IN BOOK 2006,PAGE 5703 OF THE DALLAS COUNIY RECORDER'3 OFFICE,
DALLAS CDUNTY,IOWA,MORE PARTICULARLY DESCRIBEO AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2,THENCE SOUTH 89'3&05'EAST,20 00 FEET
ALONG THE NORTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING;THENCE SOUTH 99'35'05'EAST,30.00
FEET CONTINUING ALONG SAID NORTH LINE,THENCE SOUTH 00'21'19'WEST,15D.IQ FEET,THENCE SOUTH
77'22'26'EAST,117 69 FEET,THENCE SOUTH 00'21'19"WEST,30 00 FEET;THENCE NORTH 89'48'l l'
WEST,1797 FEET:THENCE WEST A DISTANCE OF 66 50 FEET ALONG THE ARC OF A TANGENT CURVE
CONCAVE NORTH WITH A CENTRAL ANGLE OF 10'53'132 ALONG A 350 00 FOOT RADIUS WITH A CHORD
THAT BEARS NORTH 84'21'35'WEST,66.40 FEET;THENCE WEST A DISTANCE OF 61.29 FEET ALONG THE
ARC QF A TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 10'02'012 ALONG A 350.00 FOOT
RADIUS WITH A CHORD THAT BEARS NORTH 83'55'59 WEST,61 21 FEET,THENCE NORTH 00'21'19"EAST,
192.99 FEET TQ THE POINT QF BEGINNING.
8 88 lRS
Nors MGHDMEHTSSHQWHTDBG
SST WILL BE ESTABLISHED AFTER
GGHSTRUGTIGH IS GDMPLSVSG
SAID PARCEL CONTAINS ID,304 SQUARE FEET OR 0.24 ACRES MORE OR LESS,SUBJECT To EASEMENTS
AND RESTRICTIONS OF RECDRD.
PROPERTY OWNER:
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO
NAD83(2011)IA SPCS SOUTH ZONE,US SURVEY FOOT
SUITE 220
WEST DES MOINES,IA 50266
BOOK2006,PAGE \918
FND CUT X
WII4CORNER
SEC 35-79-26
50'EXISTING ROW 60'EXISTING ROW
LB iW(S 89'35'05"E 20 GD'
S 89'35'05"E 30.00'
SLT
RL
CI
0 Io;
lo gi
Q
Wi
I )3)
NE CORNER
STREET LOT "A"
5
8
8
Ft
I 677 22'ZS"6Ir789
C2
Cl
PART OF
LOT 2
Go '
v(B'
SGG'21'19"W 30DD'
N 89'4&11"W 17 97'
LEGEND
0
(M)
F ND 314"IP
SW CORNER I
SEC 35-79-26 I
I I
FDDHD SECTION GQRHSR MQHDMSHV
SBT SSCIIQH CORNER MGHUMEM
FOUND Si'RSRQD W/VGLLGW
GAPsl874F IDHLsss HGTBG)
SST 5IS'R6 ROD WIP IN X QAFSX884F FIHL 6SS HOTS D)
MEASURED GIMSHSIQH
t
I
OUTLOT 2
LOI 3
(R)
I R.
I.P
RSGQRQSD DIMENSION
\RON ROD
IRON PIPE
BSGTIQNLIHS—RIGHT.QF.WAY LINE
EXISTING LDT UHS
PROPERlY LIHS
ISMPQRARV GGHSIRUQTIGHFASSMBHF
FIELD SURVEY COMPLETED.JULY 2016
CURVE tABLE
CURVE
Ql
LENGTH RADIDS QHG.LEHGIH GHD BEARING DSLIA IAH
68.50'350.00'88.40'884'21'35"H 10 53'li"33.35
02 Sl.i'I'35000'Sl.2I'H83'55'5'I"8 IG 8201"3072
SURVEY FOR;
CITY OF WAUKEE
230 HIGHWAY 6
WAUKEE,IA 50263
TELF (515)9874363
FOTH PROJECT NO.16W021-01 DATE:9/16I2016
FoIRI I 1 «I 66 Io »l,LLG
SIP ~C 4.8 lit
IH *4,A Fin
Fl Dial-ISMF 41448l l444
SHEET
1 OF 1
III|iiiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIII
Recorded:03/15/2017 at 08:41:12 AI1FeeAmt:327.00 Page 1 of 5DallasCountvtous
Chad C.Atrhart RECORDERFflare
SK 2017 F04498
=paill/Return to:
Becky Schuett,City of Waukee
230 W.Hickman Rd.
Waukee,IA 50263
daetstrtsetresttaPrepared by Ryan ic Gurwett,A &R Land services,1509 Golden Aspen or,suite 104,Ames,IA 50010 (515i 337-1197
Exempt from Real Estate Transfer Tax under iowa Code 428A.2(17).
Exempt from requiring a Declaration of Value under lowe Code 428A.1.
PUBLIC UTILITY EASEMENT
KNOW ALL BY THESE PRESENT;
That we,the undersigned,Williams Pointe Commercial I L.C.an Iowa limited liabilitc~c,he et arts«ere«ed t ae scr ntc,c t F Th d Se e H dred Ntnet-
three and 00/100 --4793.00 --Dollar(s),grant and convey unto the CITY OF WAUKEE,
IOWA,hereinafter referred to as "City,"a municipal corporation,in the County of Dallas,State
of lowe,a perpetual public utility easement under,over,on,through,across,and within the
following described real estate,which includes the right to enter,reenter,construct,maintain,
repair,and replace municipal utilities,together with necessary appurtenances:
Per etual Easement
A perpetual easement located in real estate as described and illustrated on the attachment on
Page 5 and hereinafter referred to as the "Easement Area."
This Easement shall be subject to the following terms and conditions:
1.ERECTION AND PLACEMENT OF STRUCTURES,OBSTRUCTIONS,PLANTINGS
OR MATERIALS PROHIBITED.Grantor and its grantees,assigns and transferees shall
not erect any fence or other structure under,over,on,through,across or within the
Easement Area without obtaining the prior written consent of the City nor shall Grantor
cause or permit any obstruction,planting or material to be placed under,over,on,
through,across or within the Easement Area without obtaining the prior written consent
of the City.Notwithstanding anything in this paragraph 1 to the contrary,Grantor shall
have the right to construct sidewalks,private roads,driveways,roadways,or streets,as
defined in iowa Code Chapter 321,on the Easement Area subject to prior written
approval of the City,provided such sidewalks,private roads,driveways,roadways,or
streets comply with all ordinances of the City.If improvements are built or constructed
in violation of this Easement,the City shall in no way be responsible for any damages
1 j page
thereto resulting from the construction,maintenance or repair of the aforesaid
improvements.
CHANGE OF GRADE.Grantor and its grantees,assigns and transferees shall have the
right to change the grade,elevation or contour of any part of the Easement Area,
subject to Grantor and its grantees,assigns and transfers agreeing to maintain a
minimum of two (2)feet of fill dirt over the municipal utilities (the initial two (2)feet of fill
dirt to be provided by City at City's cost),but manholes are hereby accepted at surface
level as necessary by both the Grantor and the City.The City shall have the right to
restore any changes in grade,elevation or contour made to the Easement Area that
compromises said municipal utilities.
RIGHT OF ACCESS.The City shall have the right of access to the Easement Area and
have all rights of ingress and egress reasonably necessary for the use and enjoyment of
the Easement Area,including but not limited to the right to remove without liability to
Grantor,any unauthorized fences,structures,obstruction,planting or material placed or
erected under,over,on,through,across or within the Easement Area.
MAINTENANCE.The City shall not be responsible for any maintenance of the land
located within the Easement Area whatsoever and that responsibility shall remain with
the Grantor;provided,however,the City may perform such maintenance should it
determine in its sole discretion such maintenance is needed.
EASEMENT BENEFIT.This Easement shall be for the benefit of the City,its
successors and assigns,and its permittees and licensees.
EASEMENT RUNS WITH LAND.This Easement shall be deemed perpetual and to run
with the land and shall be binding on Grantor and on Grantor's successors and assigns.
PROPERTY TO BE RESTORED.City shall exercise due care in entering or re-
entering the Easement Area,and shall compensate the Grantor for actual damages
caused to the Easement Area or to Grantor's remaining property.The City shall pay for
all damages to lawns,landscaping,roads,driveways,fences,and other property
caused by the construction or maintenance of said municipal utilities.Payment for all of
the above-referenced damages in this paragraph shall be paid by the City after an
assessment has been completed of the actual damaged area.Upon completion of any
construction,reconstruction,repair,enlargement or maintenance of any municipal
utilities or any appurtenance thereto,the City shall restore the Easement Area in good
and workmanlike manner.The land within the Easement Area will be restored by
seeding to a condition comparable to its condition before construction.It is anticipated
that seeding will be completed shortly after substantial completion of the construction
project,as weather permits,and that lawns will return to near preconstruction condition
within 3 years of construction.The Grantor will be responsible for watering of new
grass,if necessary,after seeding is complete.
RIGHT TO RENEGOTIATE.The Grantor will have five years from the date of
settlement or condemnation to renegotiate construction or maintenance damages not
apparent at the time of such settlement under Iowa Code Section SB.52.
2 I Page
9.SETTLEMENT AND SATISFACTION.Contingent upon the execution of this Easement
by the parties and receipt by the Grantor of the above-mentioned consideration,Grantor
shall consent to the Easement and accept said consideration in full and complete
satisfaction of any and all obligations of the Grantor arising out of this Easement and
any resultant damage to the Grantor.The parties further specifically contemplate the
release of any and all claims,including,but not limited to,those arising under Iowa
Code Chapter 6B as amended.Notwithstanding the foregoing,City shall not be
released from its obligations under this Easement.
10.INGRESS AND EGRESS AGREENIENT.The City agrees to maintain reasonable
ingress and egress to Grantor's remaining property at all times during construction.
Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described
in this Easement by title in fee simple;that Grantor has good and lawful authority to convey the
same;and said Grantor covenants to WARRANT AND DEFEND the said premises against the
claims of all persons whomsoever.
Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive
share,if any,in and to the interests conveyed by this Easement.Words and phrases herein,
including acknowledgment hereof,shall be construed as in the singular or plural number,and
as masculine or feminine gender,according to the context.
The City shall hold Grantor harmless and indemnify Grantor from any liability incurred by
Grantor as a result of the City's exercise of the granted rights.
3 (Page
IN WITNESS WHEREOF I have hereunto affixed my hands this
day of Shnl ,2017.
WILLIAMS POINTE COMMERCIAL I,L.C.
Mark Main,Vi -resident
STATE OF IOWA
COUNTY OF DALLAS :SS
On this eLP day of 4srnurrsr ~2017,before me the
undersigned,a Notary Public in and or said State,personally appeared Mark Main Vice-
President,to me known to be the identical person(s)named in and who executed the within
and foregoing record,and acknowledged that they executed the same as their voluntary act
and deed.
JEFFREY I.JEIrIRS JR
~Commission Number,SSSS5
My Commission Expires
September 5,1017
Sig tu e f otary Pu ic
4 l Page
Prepared by Jody Budde,5191 Birchwood Court,Suite L,Johnston,(A 50131 Phone'.515-254-1393
PERMANENT EASEMENT ExHIBIT 13-P
PERMANENT UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
SE AL(CES ROAD )MPROVEMENTS
PARCEL 13
PROPERTY OWNER:
WILLIAMS POINTE COMMERCIAL I,L C.
6600 WESTOWN PARKWAY
SUITE 220
WEST DES MOINES,IA 50266
BOOK 2006,PAGE 1918
LEGAL DESCRIPTION.
A PARCEL OF LILND LOCATED IN PART OF LDT 2 OF WILLIAMS POINTE PLAT 9,AN OFFICIAL PLAT IN THE CITY
OF WAUKEE,AS RECORDED IN BOOK 2008,PAGE 5703 OF THE DALLAS COUNTY RECORDER'9 OFFICE.
DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2;THENCE SOUTH 89'35'05'EAST,30 00 FEET
ALONG THE NORTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING;THENCE SOUTH 89'35'05"EAST.10.00
FEET CONTINUING ALONG SAID NORTH LINE;THENCE SOUTH 00'21'19'WEST,116 14 FEET,THENCE SOUTH
89'41'OT WEST,10 00 FEET;THENCE NORTH 00'21'19"EAST,116 2?FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,162 SQUARE FEET OR 0 03 ACRES MORE OR LESS,SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS ANO DISTANCES ARE REFERENCED TO
NAD83(2011)IA SPCS SOUTH ZONE,US SURVEY FOOT
Q 55 lhh
NOTE'MONUMBN?5 SHOWN ro Bs
SGT WILL 66 65TABLtSH SD AF16 R
CONSTRUCTION IB COMPLS?so
FND CUT X
Wl/4 CDRNER
SEC.35-79-26 EXISTING 10'PUE
50'EXISTING ROW 60'EXISTING ROW
POC S 89'35'05'E 30 DD'
"SBS 35'05"E 10.00
,O C,'L~L
,LLL-.''LOU VQ
LEGEND
0
(M)
(R)
I.R.
IP
N 00'21'19"E 11627'
I g
-"-i
0
lo
Ul So
I 8
N '
8,a
FND 3(4"IP
SW CORNER ~l
SEC,35.79.26 (~I
yOUHO SECTION CORN SR MQHUMSN?
sSr sacnoucoRHSRMohuMBHr
FOUND li2'RSRQO WIYBLLQW
Chhlll 5 242 IUNL6SS NO?SO)
561 5th'RSROD WIN INK Chh¹22547 (UNL6 3S NQ?6 D)
MEASURED OIMSNSION
RSCQRDSD DIMSNSIDH
IRON RQD
IRON PIPE
SSCTIONLINS
RIGHT-QF-WAY LIHS
ShtSTINGL Dr LIHB
FRQPSRIY LIME
hs RMAN 6N1 Ur ILlrY 6 ASS M 5NT
9 00'21'19"W 116 14'
PART OF
LOT 2
I
S89'4707'W 1000'
PROPOSED 2(r ROW LLLL TV
LOT 3
OUTLOT Z I
/
'I vL
EXISTING 10 PUE
FIELD SURVEY COMPLETED JULY 2016
I h Nhy mfy lhm th 5 I d yhe d I 5 5 M d th
dNlh I fit Sl I
JODY h.BUDOS,L 3
L N 5 22547
Myl Idl DBCEMBER31.25th
P 9 lhmllrh *mt Wlh4
SURVEY FOR;
CITY OF WAUKEE
230 H(GHWAY 8
WAUKEE,IA 50263
TELJ (515)987%363
FOTH PROJECT NO.16W021-01 DATE:10(7/2016
Foth
Folh I I tn htdrh 4 ehylmhm 2,LLC
ltll tmmmo,5 L
hl 5 .Ihlllll lm
hh 555 25I-llhlr 5 5.25l-lm2
SHEET
I OF I