HomeMy WebLinkAbout2017-11-20-Resolutions 17-534_Alice's Rd Corridor Phase 5 - Purchase Agr - Easements - BDL Properties Parcel 19THE CITY OF WAUKEE,IOWA
RESOLUTION 17-534
APPROVING PURCHASE AGREEMENT&PUBLIC STORM SEWER EASEMENT,
ACCESS EASEMKNT,AND TEMPORARY CONSTRUCTION EASEMENT FOR
THE ALICE'S ROAD CORRIDOR PHASE 5 PROJECT
[BDL PROPERTIES7 PARCEL 19]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UICEE,IOIYA
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,as
well as easements,are necessary for the purpose of construction of the Alice's Road Corridor
Improvement Project,Phase 5 (the "Project");AND,
WHEREAS,certain rights-of-way and easements shall be located on a portion of the property
owned by BDL Properties 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
20'"day of November,2017,that it hereby approves the Purchase Agreement,Public Storm
Sewer Easement,Access Easement,and Temporary Construction Easement for the Alice's Road
Corridor Phase 5 Project [BDL Properties,Parcel 19]in the total payment ount of $16,15L00.
iam .Peard,ayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X
1Ul|IIIIUI IIIIIIIIIiIIII IIHIIIIIIIIIIIIIIII IIIIIIII II
Doo ID:007333140003 ryce:PCR/AaRRecorded:12/01/2017 at 01:oo:14 PnFeeAnti032.DD page 1 of eDallasCountyIona
Chad C.Alrhart RECDRDERFtleg
DK20i7 .c23502
Bill/Return to:
Becky Schuett,City of Waukee
230 W.Hickman Rd.
Waukee,IA 50263~Prepared by:Ryan K,Gurwelt,4 &R Land Services,1609 Golden Aspen Dr.,Suite 104,Ames,lc 50010 151S)337-1197
PIJRCHASE AGREEMENT
PARCFL NO.19 COUNTY DaNas
PROJECT SE Alices Road Im rovements,Phase 5 CITY Waukee,IA
om
TIIIS AGREEMENT made and entered intn this 1/1 'day of,/.'&Cb.l,~20.,by and between SeUer and the CITY OF
WAUKEE,IOWA,Buyer.
la.SFLLER AGREES to sell and furnish to Buyer a conveyance document,onform(s)furnished by Buyer,and Buyer agrees tn buy 4
ennanent storm sewer easement a ermsnent access easement and a tern ora construct on easement,on the followmg real
estate,hereinaRer reierred to as the premises,situated in parts of the following:
Part ofLot5inIUckmnnWest industrial Park P)at II an Official Plat now inmudedinandformtn a artofthe
County of DaRas.State of lowe,and more particularly described on Pages 4-6.
I b.Said Temporary Cnnstruction Easement shall terminate upon completion of the constmction of this project nnd acceptance of the
project by the City Coun ci I or 24 inonths,whichever occurs first.SELLER ACKNOWLEDGES fui I settlement and payment I'rom
Buyer for ag claims per the terms of this agreement and discharges Buyer from liability because of this agreement and the
construction of this public improvement project.except that Seller reserves any claim for any damages to the propeny during
construction.The premises being purchased in fee also includes all estates,nghls,title and interests,including aU easements,and
ag advertising devices.
Possession ot the premises is the essence of ibis ngreemenl and Buyer may enter and assume full use and enjnyment of the
premises per the terms of this agreement.SELLER GRANTS Buyer the nnmediate right to enter the premises for Ihe purpose of
gathering survey and soil data.SELLER MAY surrender possession of the premises or building or improvement nr any part
thereof prior to the time at which he has hereinafter agreed to do so,and agrees to give Buyer ten (IO)days notice of Seller's
intention to do so by calling Buyer collect.
Buyer agrees to pay and SELLER AGREES to grant the ri ht of possession,convey title and surrender physical possession ofthe
premises as shown on or before tire dates listed below.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERPORMANCE
16,000.00
5 16,000.00
on conveyance of title
on surrender of possession
on possession and conveyance
TOTAL LUMP SUM
60 de s after Bu era revel
Breakdown ~Ac.lS .Ft.
I.and by Fee Title
Permanent Storm Sower Easement
Permanent Access Easement
Temporary Construction Easement
695
2,063
5,697
sq.ft.
sq.ft.
sq.ft.
sq.ft.
Fence:
Fence:
rods woven
rods barbed
DISTRIBUTION:TNO COPIES RETURNED TO BUYER —ONE COPY RETAINED BY SELLER
Page I of 6
4.SELLER WARRANTS that there arc no tenants on the prcrmses holding underlease except:None.
This agreement shall apply to and bind Ihc legal successors in interest ol'tbe Seller and SELLER AGREES to pay aD liens and
ass«asm nts against the premises,mcluding «R taxes and special ussessments payable until surrender of possession «s t equi red
by the Code of lowe.and agrees to wtmant good and sutTicient title Names and addresses of lienholders are:
None
Buyer may mc iud e mong«gee«,lie«holders,encu mbrancers and i«sing auttioniies as payess on wan'mits issued in paynmnt uf
this ayeement In «dditiun to the Total Lump Sum,Buyer agrees to psy 5150 00 foi the cost of adding title documents required
by this trans«etio«to Seller's abstract of u tie.
if Seller holds title to the prmmses in joint ienancy with full rights of mrvivorslup and not as tenants in i ommon ai die time of
this agreement,Buyer will pay any remaining proceeds to the survivor of thai joint tenancy and will accept title solely from that
survivor,provided the joint tenancy has not bccn destroyed by operatinn of law or acts of Seller
These premises sre being acquired for public purposes «nil this transfer is exempt from the requirements for the filing of a
Declaration of Value by thc C'ode of Iowa.
Buyer hereby gives notice of Seller's five-year nght to renegotiate coo struction or maintenance damages not apparent at the time
of the signin ofthis agreement as requiredbythe Code of ious,Section 6B 52.
10.This m inc n agreement const&tutee the entire shot«meet bcuween Buyer and SeUer and I here is no agreement to do or not to do
any act or deed except as specific«Ry provided for herein.
Seller states and warrants that,to rhe hest of Seller's knowledge,there is no burial sire,well,solid waste disposai sits,hazardous
substance,nor underguund storage tank on thc premises described and sought harem.
12.Bod«Buym and SeEcr agree tlmt Seller is respoosibie for maintenance of driveivays connecting to SE Alice's Road and the
parking lot,md the Buyer is responsible for maintenance of tlw access drive fi om the parking lot to the gas substation as wall as
the trail.Buyet and Seller agree thar mamtenance mcludes snow removal snd any pavement replacement or repairs needed in
the future.
DISTRIBUTION;TNO COPIES RETURNED TO BUYER —ONE COPY RETAINED BY SELLER
Page 2 of 6
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION:Upon due approval and execution by the Buyer,we the
undersigned claimants eertity the Total Lump Sum payment shown herein is just and unpaid.
B.D.L.PROPERTIES,INC.
Rnb r J.Boesen,Director
475 SE Alice's Road,Suite D
Waukee,IA 50263
(i(fir///ng Address)
(NOTARY PDEL/ci I'LEAYE cDMPLETE LEI'TAND RIG/IT EIDER/
SELLER'S ALI PURPOSE ACKNOWLEDGMENT
STATE OF IOWA
COUNTY OF DALI.AS )ss:
On this A(1 day of Q~ttmn,AD.20 /7 before nie,the
understated,a Notary Public in and I'or said State,personnUy appeared
Rnbert.l.Boesen Director
j)((to me personally known
or Q proved tome on the basis of satisfactory evidence to be the person(s)
whose name(s j is/are subscribed to the within record and acknowledged to me that
be/she/they executed the same in his/bar/their mnhor ized capacity(ies),and that by
his/her/their signature(s)on the record the person(s),or the entity upon behalf o(
which the person(s)acted.executed tbe record
CAPACITY CLAIMED BY SIGNER0INDIVIDUAL
H CORPORATE
7'itic(s)of Corporate Officer(sj:
,Director
Q Corporate Seal is affixed
H No Corporate Seal procured
Q PARTNER(s):
P Limited Partnership
Q General Partnership
P ATTORNEY-IN-FACT
'0 EXECUTOR(s)or I'RUSTEE(s)
'0 GUARDIAN(s)or CONSERVATOR(s)
l ANOTHER:
Signature of Notary Public
ign in Ink)',SIGNER IS RFPRESENTING:
List naiiie(s)of eritity (ies)or person(s)
B.D.L Pro erties.Inc.
IJBA IC RRINEABrccmnmmkmIMmbw796074
My Coollllmmwt
June 24,20r9
Recommended by:Ryan K.Burwell,P Jectydtnnager
/fj/d.,",t |7
(Date)
Approved by:Willi F.ard,N yor
ll It dt)l
(Data)
Buyer's Acknowledgement
STATE OF IOWA
COUNTY OF DALLAS
)
j ss:
,.J/svmkf
appeared William F.Peard,known to me to be the N~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 minutes,and said authorized representative acknowledged the execution of the record,
whose signature appears hereon,to be the voluntary act and deed of the Buyer,and by it
voluntarily executed
onW+REBECCAD.SCNUETT
9 Commnmon Number yi 6496
My Communion Expires
Msy 13,2020
Signature of Notary Public
DISTRIBUTION:TWO COPIES RETURNED TO BUYER —ONE COPY RETAINED BY SELLER
Page 3 of 6
Prepared by Jody Budde,5191 Birchwood Court,Suite L,Johnston,IA 50131 Phone:515-254-1393
PERMANENT EASEMENT H 9 I-
PERMANENT STORM SEWER EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
SE ALICES ROAD IMPROVEMENTS
PARCEL 19
PROPERTY OWNER:
B.D L.PROPERTIES,INC.
475 SE ALICES ROAD
SUITE D
WAUKEE,IOWA 50263
BOOK 792,PAGE 551
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATEO IN LOT 5 OF HICKMAN WEST INDUSTRIAL PARK PLAT 0,AS RECORDED
IN BOOK 741,PAGE 437 OF THE DALLAS COUNlY RECORDER'S OFFICE,DALLAS COUNTY,IOWA,MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5,THENCE SOUTH 59'38'55"EAST,48.00 FEET
ALONG THE NORTH LINE OF SAID LOT 5;THENCE SOUTH 00'13'41'WEST,14 43 FEET;THENCE NORTH
89'46'19"WEST,4S.DO FEET TO THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD;THENCE NORTH
00'13'41"EAST,14 53 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 695 SQUARE FEET OR 0.02 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.
N-+-
iEST
NOTE:MONUMENT6 SHOWN TO BE
SET WILL SE ESTABLISHEO AFTER
CONSTRUCTION IS COMPLEIEG
L
FND BRASS PLUG ~
SECORNER
SEC 27-79-26
S 89'38'55"E
LOT 4
POS
NWCOR E pND uz'plpE
YCAPS14776SB9'38'55"E 4800'
SSC
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N 00'13'41 E 1453',
'I
Itl B
LSi
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Cl&td
IK B
Ul
S DP 13'41"W 1443'
N 89'46'19"W 48017
LOT 5
LFGEND
FND CUT K
EU4 CORNER
SEC.34-79-26
50'504
FND I"PIPE
4
0
0
(M)
(R)
I.R
I.P.
NOTED)
PERMANENT STORM SEWER EASEMENT
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
FOUNlt 1I2"REROO (UNLESS NOTEOI
BET 5IF RE ROB Wiu INK CAP533847 (UNLESS
MEASURED OIMENSKIN
RECOROEO OIMENSION
IRON ROO
IRON PIPE
SECTION LINE
RIGHTOF-WAY LINE
EXISTING LOT LINE
PROPERTYLINE
5 '„I Ui I A I
Q.JODY A c -„
5(iDD'
25.1 Jyit =
XO:
n IDVIA u"
FIELD SURVEY COMPLETED.JANUARY 2017
I henwy wry Ihat this land su yln0 decl t was pwpe d d th
lated wws w p dwnwl by o d wy dl ect 8 sl
upswlslo d that I 8 duly lice d Proles ml Land S ~
d the we Slat I lowe.
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U N Wwn 23847
Myhwnseww idl IsoEOEMBER31,3018
P p d std edbytht 81.~()F.t
SURVEY FOR:
CITY OF WAUKEE
230 HIGHWAY 6
WAUKEE,IA 50263
TEL 5 (515)987-4363
FOTH PROJECT NO.16W021-01 DATE:11/2I2017
Foth
Psth IM teach 4 Snul t,LLC813'ta~WW8W I
Ju t .tAM 33-3833
Pi '51535t 13538 53525e teea
SHEET
1 OF 1
Prepared by Jody Budde,9191 Birchwood Court,Suite L,Johnston,IA 50131 Phone:515-254-1393
PERMANENT EASEMENT EXHIBIT 19-P2
PERMANENT ACCESS EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
SE ALICES ROAD IMPROVEMENTS
PARCEL 19
LEGAL DESCRIPTION;
A PARCEL OF LAND LOCATED IN LOT 5 OF HICKMAN WEST INDUSTRIAL PARK PLAT 0.AS RECORDED
tN BOOK 741,PAGE 437 OF THE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY,IOWA.MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 35.TOWNSHIP 79 NORTH,RANGE 26
WEST OF THE FIFTH PRINCIPAL MERIDIAN,THENCE SO(1TH 89'42'2S"EAST,75.00 FEET ALONG THE
SOUTH LINE OF THE NORTHWES7 QUARTER OF SAID SECTION 35 TO THE POINT OF BEGiNNING;
THENCE NORTH 00'13'41'EAST,32.50 FEET;THENCE NORTH 89'46'19'WEST,25.DO FEET TO THE
EAST RIGHT OF WAY LINE OF SE ALICES ROAD,THENCE NORTH 00'13'41"EAST,25 00 FEET ALONG
SAID EAST RIGHT OF WAY LINE;THENCE SOUTH 89'46'19"EAST,50 00 FEET;THENCE SOUTH 00'13'
41"WEST,57.53 FEET TO SAID SOUTH OF THE NORTHWEST QUARTER,ALSO BEING THE SOUTH LINE
OF SAID LOT 5;THENCE NORTH 89'42'28'WEST,25 00 FEET ALONG SAID SOUTH LINE TO THE POINT
OF BEGINNING
SAID PARCEL CONTAINS 2 063 SQUARE FEET OR 0 05 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.
PROPERTYOWNER:
B.D.L.PROPERTIES,INC.
475 SE ALICES ROAD
SUITE D
WAUKEE,IOWA 50263 FNO BRASS PLUG
BOOK 792,PAGE 551 l4WCORNER
SEC 35-79-26
FEET
NOTE:MOHUM8NTB SHOWN To BE
BBT WILL 69 EBTABLIBHED AFEBA
COHBTRUC7IOH IBCOMPLETBD
LOT 4
C4i93L(".36PLLnf)
yC
50'~50'
EI
ulB'Q /'-Ql QK
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FND I/2"IR
YYLC~9Q59V"
LOT 5
FND I/2"PIPE
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LIHE TABLE
LINE LEH57H BEAAIHG
L I 25.5tl'Hs'I'45'I'I"M
N 0(713'4I"E 25.DD'
I
S89'46 ur E 5000
3 00''13'41"W 57 53'
LEGFND
POC
FND CUTE
WI/4 CORNER
SEC 35-79-28
0
(M)
(R)
I.R.
I P.
FOUHDBBCTIOHCOANBRMOHUMBHT
BST SECTION CORNER MONUMENT
FOUND I PIPE(UHLE65 NOTED)
Ssr 54l'HB BOO W/PIN X CAPF 73347 (UHLBBB NOTED)
MBABUBBO DIMENSION
RECORDED OIMB4BION
IRON SOD
IRON PIPE
3BCTION LINE
RIGHT-OF-WAY LIB s
EXISTING Lot LINE
PRO PB sty LINE
PERMANENT ACCESS EASEMENT
54 0//.I(
''G'-
JODY A /
9:!''D'
I r/L !7
S 89'42'28"E 2642.96'(M)2642.06 (R)
FND I"PIPE
CENTER
SEC 35-79-26
N 89'42'28'W 25.00
POB
S 89'47 28"E 75.1XI'
FtELD SURVEY COMPLETED:JANUARY 2017
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OP-
SURVEY FOR:
CITY OF WAUKEE
230 HIGHWAY 6
WAUKEE,IA 50263
TEL (515)987-4363
FOTH PROJECT NO.16W021-01 DATE:11/2/2017
Forth
relh IMraelruetu 6 E ul~«m,LLDatefb~c 4,3 ib L
J I,IA 55131.3534
Pt 5fh354-1333 F .545.354.543
SHEET
1 OF 1
Prepared by Jody Budde,9191 Birchwood Court,Suite L,Johnston,IA 50131 Phone:515-254-1393
TEMPORARY EASEMENT EKHIBIT19-T
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
SE ALICES ROAD IMPROVEMENTS
PARCEL 19
PROPERTYOWNER:
8 D.L.PROPERTIES,INC
475 SE ALICES ROAD
SUITE D
WAUKEE,IOWA 50263
BOOK 792,PAGE 551
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN LOT 5 OF HICKMAN WEST INDUSTRIAL PARK PLAT 0,AS RECORDED
IN BOOK 731,PAGE 437 OF THE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY,IOWA,MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5,THENCE SOUTH 89'38'55"EAST,48.00 FEET
ALONG THE NORTH LINE OF SAID LOT 5,THENCE SOUTH 00'13'41'WEST,49.82 FEET;THENCE NORTH
89'46'l 9"MIEST,40 DO FEET;THENCE SOUTH 00'13'41"WEST,125 00 FEET;THENCE SOUTH 89'46'
19"EAST,35.00 FEET;THENCE SOUTH 00'13'41'WEST,33.08 FEET;THENCE SOUTH 89'46'l9"EAST,
17.34 FEET;THENCE SOUTH 00'17'32"WEST,14.64 FEET;THENCE NORTH ae'42'28"WEST,60.33
FEE7 TO THE EAST RIGHT OF WAY LINE OF SE ALICES ROAD;THENCE NORTH 00'13'41'EAST,222 58
FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING
SAID PARCEL CONTAINS 5,697 SQUARE FEET OR 0.13 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 SECS SOUTH ZONE,US SURVEY FOOT.
2251
NOYB MOHUMBNYSSHOWHTOBE
SBT WILL BE ESTABLISHED AFTER
CONBTRUC TION IS COMP LEIED
FNO BRASS PLUG
NWCORNER
SEC 35.79-26 POB
LOT 4
NWCORNER END I„PIPE
WICAP¹14775
S 80'38 59'E 48.OD'
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3
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S ¹13'41"W 49.82'
N SIP 46'19'W 40 IKI
9,59neit~
LOT 5 YYL'OO ev"
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9 89'45'19'E 35.0D'
3 ¹13'41"W 33.05'
6 8!P46'19"E 17.34'
S DO'17'32"W 14.64'
LEGEND
A
0
(M)
(R)
I.R.
I.P,
FOUND SSCYION CORNER ILIONUMENT
SET SBGYION CORNER MONUMENT
FDUND CUT X IUNLSSS NOTED)
SET SIS'RBROD WIPINK CAP522842 (UNLBSS NOTED)
MEASURED DIMENSION
RECORDED DIMEN6ION
IRON ROD
IROHPIPB
SECTION LINE
RIGHTOF-WAY LINE
EXISTING LOT LINB
PROPERTY LINE
TEMPORARY CONSTRUCTION EASEMENT
+FND 1"PIP
FND CUT K
I NBIP4228"W 5033'
E OUTLOT 2
W1/4 CORNER
SEC.35-79-26
FIELD SURVEY COMPLETED:JANUARY 201 T
SURVEY FOR:
CITY OF WAUKEE
230 HIGHWAY 6
WAUKEE,IA 50263
TEL.,(515)987%363
FOTH PROJECT NO.IBW021OI DATE:5/23I2017
FoIN Icrrc Ir clem 8 Ecrl ~,LLC
581 Sl h~WM,SYN I
5 .Icrr 2-NN
N '51548 SNF 81525 ~2
SHEET
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IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'
Doc ID:007355150007 Type:EASERecorded:12/01/2017 at 01:Ogr45 PMFeeAmt:937.00 Page 1 of 7DallasCountyIowa
Chad C.Airhart RECORDERFilea
BK201 7 F023503
PUBLIC STORM SEWER EASEMENT
Recorder's Cover Sheet
Preparer Information:Ryan K.Gurwell,A &R Land Services
1609 Golden Aspen Dr..Suite 104,Ames,IA 50010
(515)337-1197
Return Document To:City of Waukee,Iowa
Rebecca Schuett,City Clerk
230 W.Hickman Road
Waukee,Iowa 50263
Grantor:B.D.L.Properties,inc.
Grantee:City of Waukee,Iowa
1 I
P u
STORM SEWER KASKMKNT(S)
KNOW TO ALL PERSONS BY THKSK PRKSKNTS that the undersigned,B.D.L.
Properties,Inc.(hereinafter referred to as the "Grantor"),in consideration of the sum of One
Dollar ($L00)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 WAUKKK,IOWA,
a municipal corporation (hereinafter referred to as "the City"),a permanent and perpetual
easement (hereinafter referred to as "Easement"or "Easement(s)'*)and right-of-way upon,over,
under,through and across the real property legagy described as:
SKK EXHIBIT "A"ATTACHED HERETO
(hereinafter referred to as the "Easement Area")for the purpose of locating storm sewer(s)
(hereinafter referred to as "sewer(s)")and to permit and allow the City to enter at any time upon,
over,under,through,and across into the Easement Area herein described to use as much of the
surface and sub-surface thereof to construct,replace,locate,rebuild,enlarge,reconstruct,patrol,
repair (including the right to place and build additional sewer(s)therein or to connect and/or join
sewer(s)and appurtenances thereto)and to forever maintain sewer(s)whenever necessary within
the Easement Area.
This Easement shall be subject to the following terms and conditions:
l.Erection of Structures Prohibited.Grantor and its successors and assigns shall not erect
any structure,building,or fence over or within the Easement Area without obtaining prior written
consent of the City.
2.Maintenance.After the initial construction of the sewer(s),and acceptance by the City,
the City agrees,as part of the reconstruction,maintenance and patrolling of the Main(s),to
restore and replace the Easement Area to substantially the same condition as prior to the time of
entry or as agreed upon by the City and the Grantor,except the City shall not be required to
replace landscaping,trees,shrubs,bushes,landscape elements,structures,or underground water
systems nor shall the City be required to restore the Easement Area by reason of settlement,
depression,or any unknown conditions which arise subsequent to the restoration and/or replacing
of the Easement Area.Any subsequent restoration by reason of settlement,depression or any
unknown conditions shall be the sole responsibility of the Grantor at the Grantor's sole expense.
3.Chan e in Grade Prohibited.Grantor and its 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.
d.E ht fA .Th Ety hllh tl lght f t th E tA dh
ht f l g d g hly E f th d j y t f th E t
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,subsequent property owners,their 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.This Easement shall be deemed to run with the land and shall
be binding on Grantor and on Grantor's heirs,successors and assigns.
7.Jurisdiction and Venue.The City and the Grantor agree the District Court in and for the
State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the
terms and conditions of this Easement and said parties consent to the jurisdiction of the person
being in Dallas County,Iowa.
8.~Att
'F .Th City y y thi 8 thy pp pi t ti,d h id
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)Grantor holds said real estate
described in this Easement Area by title in fee simple;(ii)that Grantor has good and lawful
authority to convey the same;and (iii)said Grantor covenants to WARRANT AND DEFEND
the said 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.
3]P,ir
Signed this gr day of W,20))
GRANTOR
B.D.L.PROPERTIES,lNC.
Rober,Boesen,Director
STATE OF
COUNTY OF
IOWA
DALLAS
)
)SS
)
On this ~day of ,20~,before me,the undersigned,a
Notary Public in and for said County and the State of Iowa,personally appeared Robert J.
Boesen,to me personally known,who being by me duly sworn,did say that that person is
Director of the corporation executing the foregoing instrument;that (the seal affixed to said
instrument is the seal of the corporation or no seal has been procured by the corporation)and that
the instrument was signed (and sealed)on behalf of the corporation by authority of its Board of
Directors;that Robert J.Boesen acknowledged the execution of the instrument to be the
voluntary act and deed of the corporation,by it and by him voluntarily executed.
USA K.MINEARe9CommissionNumber796874*
My Commission Expims
June 24,20t9 ary Public in and for the State of Iowa
ACCEPTANCE BY CITY OF WAUKEE,IOWA
CITY OF WAUKEE,IOWA,
an Iowa municipal corporation
By
Wii .e
Mayor of the City of Waukee,Iowa
By
Rebecca D.Schuett,City Clerk
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
On this ~X day of V '„20~I,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.
trJ4Tr'tFrVN E.PVRVIS
-"„'x "Conrmmsion Number 794513
My Commimion Expires
February 1D 2019 I
otary ublicin and for the Stateof Iowa
EXHIBIT A
Part of Lot 5 in Hickman West Industrial Park Plat II,an Official Plat,now included in and
forniin a part of the City of Waukee,Iowa,and more particularly described on the attached
Permanent Easement Plat.
Prepared by Jody Budde,5191 Birchwood Court,Suite L,Johnston,IA 50131 Phone:51 5-254-(393
PERMANENT EASEMENT EKHIB(T19-.
PERMANENT STORM SEWER EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
SE ALICES ROAD IMPROVEMENTS
PARCEL 19
PROPERTY OWNER:
B.D.L.PROPERTIES,INC
475 SE ALICES ROAD
SUITE D
WAUKEE,IOWA 50263
BOOK 792,PAGE 551
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN LOT 5 OF HICKMAN WEST INDUSTRIAL PARK PLAT 0,AS RECORDED
IN BOOK 741,PAGE 437 OF THE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY,IOWA,MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5,THENCE SOUTH 89'38'55"EAST,48.00 FEET
ALONG THE NORTH LINE OF SAID LOT 5;THENCE SOUTH 00'13'41"WEST,14.43 FEET;THENCE NORTH
89 46'19"WEST,48.00 FEET TD THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD;THENCE NORTH
00 13'41 EAST.14 53 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 695 SQUARE FEET OR 0 D2 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.
N+-
FEET
NOTE MONU MENTS SHOWN TO BE
SET WILL BE ESTABLISHED AFTER
CONSTRUCTION IS COMPLETED
FND BRASS PLUG ~
SE CORNER
SEC.27-79-26
POB
LOT 4
S89'38'55'E 5000~
'\
N DIP 13'41"E 1453'
IZ '
F3 )
MN
O O
D&IE0-0'd(
(O
IU
Q
NW CORNER FND UZ„PIPE
YCAP¹14775SEE'38'55"E 48 00'
FL
SOO'13'41"W 14.43'
N BS'46'19"W 48.00'
LOT 5
LEGEND
FND CUT K
El/4 CORNER
SEC.34-79-26
50'
FND I"PIPE
0
(M)
(R)
I.R.
I.P.
PERhlANENTSTORM SEWER EASEMENT
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
FOUND U2'RE FtOD I UNLESS NOTED)
8EI 5/8'RE ROD W/PINK CAWM 2847 (UNLESS NOTED)
MEA6URED DIMENSION
RECORDED DIMENSION
IRON ROD
IRON PIPE
SECTION LINE
RIGHT-OF-WAY LINE
EXISTING LOT LINE
PROPERIYLINE
titrll I I
,"'55(ONA((/",,
JODY A '.UC C
WQ:BUDGE
I
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FIELD SURVEY COMPLETED JANUARY 2017
Ih by 2 uhi I d urreyingdo twaspnpa dedllh
lated auw MW M ped ~by d re dir ct pedonai
supene d that i a dulylkensedpefessh IL Msudeyo
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I l -y~l3
J A.UDDE.P L S.SAIE
U N M.22847
Myldewenewald I h DECEMBER31,2818
Petard she lsr dbyth 31.
SURVEY FOR:
CITY OF WAUKEE
230 HIGHWAY 6
WAUKEE,IA 50283
TEL4 (515)9874363
FOTH PROJECT NO.16W021-01 DATE;11/2/2017
Forth
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Dallas County iousage t of s
File»Chad C.Airhart RECORDER
RK2017 FO23504
ACCESS EASEMENT
Recorder's Cover Sheet
Preparer Information:Ryan K.Gurwell,A 6k R Land Services
1609 Golden Aspen Dr.,Suite 104,Ames,IA 50010
(515)337-1197
Return Document To:City of Waukee,Iowa
Rebecca Schuett,City Clerk
230 Highway 6
Waukee,Iowa 50263
Grantor:B.D.L.Properties,lnc.
Grantee:City of Waukee,Iowa
ACCESS EASEMENT
KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned,
B.D.L.Properties,Inc.,(hereinafter referred to as the "Grantor"),in consideration of the
sum of One Dollar ($1.00)and other good and valuable consideration,the receipt and
sufficiency of which is hereby acknowledged,does hereby sell,grant,and convey to the
CITY OF WAI)KEK,IOWA,a municipal corporation (hereinafter referred to as "the
City"),a permanent and perpetual easement (hereinalter referred to as "Easement")and
right-of-v ay upon,over,under,through and across the real property legally described as:
SKE PERMANENT EASEMENT PLAT ATTACHED HERETO
(hereinafter referred to as the "Easement Area")for the purpose of vehicular and
pedestrian ingress,egress and access to and from the Easement Area and to permit and
allow the City to enter at any time upon,over,under,through,and across into the
Easement Area herein described.
This Easement shall be subject to the following terms and conditions:
l.Erection of Structures Prohibited.Grantor and its successors and assigns shall not
erect any structure,building,or fence over or within the Easement Area without obtaining
prior written consent of the City.
2.Maintenance.After the initial construction of the SE Alices Road lm rovements
~Pro'ect and acceptance by the City,the City agrees,as part of the reconstruction,
maintenance and patrolling of the project,to restore and replace the Easement Area to
substantially the same condition as prior to the time of entry or as agreed upon by the City
and the Grantor,except the City shall not be required to replace landscaping,trees,
shrubs,bushes,landscape elements,structures,nor shall the City be required to restore
the Easement Area by reason of settlement,depression,or any unknown conditions which
arise subsequent to the restoration and/or replacing of the Easement Area.Any
subsequent restoration by reason of settlement,depression or any unknown conditions
shall be the sole responsibility of the Grantor at the Grantor's sole expense.
3.Chantye in Grade Prohibited.Grantor and its 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.~th'ht f A .Th City h tth th ipht f't ti E tA dh
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,subsequent property owners,their successors and assi'gns 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.This Easement shall be deemed to run with the land and shall
be binding on Grantor and on Grantor's heirs,successors and assigns.
7.Jurisdiction and Venue.The City and the Grantor agree the District Court in and for the
State of iowa shall have exclusive jurisdiction over the subject matter and enforcement of the
terms and conditions of this Easement and said parties consent to the jurisdiction of the person
being in Dallas County,iowa.
8.~Ah
'F .Th City y f thi E thy pp pit ti,d h id
they prevail in such litigation they shall recover as part of their costs the reasonable attorneyts
fees incurred in such litigation.
Grantor does HEREBY COVENANT with the City that (i)Grantor holds said real estate
described in this Easement Area by title in fee simple;(ii)that Grantor has good and lawful
'
authority to convey the same;and (iii)said Grantor covenants to WARRANT AND DEFEND
the said 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.
CRANTOR
B.D.L.PROPERTIES,INC
Robert Boesen,Director
STATE OF
COUNTY OF
IOWA
DALLAS
)
)SS
)
On this P~day of ,20''7,before me,the undersigned,a
Notary Public in and for said County and the State of lowe,personally appeared Robert J.
Boesen,to me personally known,who being by me duly sworn,did say that that person is
Director of the corporation executing the foregoing instrument;that {the seal affixed to said
instrument is the seal of the corporation or no seal has been procured by the corporation)and that
the instrutnent was signed {and sealed)on behalf of the corporation by authority of its Board of
Directors;that Robert J.Boesen acknowledged the execution of the instrument to be the
voluntary act and deed of the corporation,by it and by him voluntarily executed.
USA K tJt}t!B'xP.
i k~465%.
o ary Public in and for the State of Iowa
ACCEPTANCE BY CITY OF WAUKEE,IOWA
CITY OF WAUKEE,IOWA,
an Iowa municipal corporation
By
Wil F.P d,
Mayor of the ity of Waukee,Iowa
By:
Rebecca D.Schuett,City Clerk
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
On this &7 day of ,20~,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.
rara KATHRYN E.PURVIS.Commission reumber?94513
My Commission Expires
February 10,2019
otary ublic in and for e State of Iowa
Prepared by Jody Budde,8191 Birchwood Court,Suite L,Johnston,IA 50131 Phone:515-254-1393
PERMANENT EASEMENT ~H)BIT 19.-
PERMANENT ACCESS EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
SE ALICES ROAD IMPROVEMENTS
PARCEL 19
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN LOT 5 OF HICKMAN WEST INDUSTRIAL PARK PLAT 5,AS RECORDED
IN BOOK 741,PAGE 43T OF THE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY,IOWA,MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 35,TOWNSHIP 79 NORTH.RANGE 26
WEST OF THE FIFTH PRINCIPAL MERIDIAN,THENCE SOUTH 89'42'28'EAST,7S.OO FEET ALONG THE
SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35 TO THE POINT OF BEGINNING,
THENCE NORTH 00'13'41"EAST,32.5D FEET;THENCE NORTH 89'46'19"WEST,25.00 FEET TO THE
EAST RIGHT OF WAY LINE OF SE ALICES ROAD;THENCE NORTH 00'13'41"EAST 25 00 FEET ALONG
SAID EAST RIGHT-OF-WAY LINE;THENCE SOUTH 89'46'19'EAST,50 00 FEET;THENCE SOUTH 00'13'
41"WEST,57.53 FEET TO SAID SOUTH OF THE NORTHWEST QUARTER,ALSO BEING THE SOUTH LINE
OF SAID LOT 5;THENCE NORTH 59'4Z 28"WEST,25.00 FEET ALONG SAID SOUTH LINE TO THE POINT
OF BEGINNING.
SAID PARCEL CONTAINS 2 063 SQUARE FEET OR 0 05 ACRES MORE OR LESS,SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
N-+
FEEI
NOTE.MONO MENTS SHOWN TO 8 E
SET talLL BE ESTABLISHED AFTER
CONSTRUCTION IS COMPLETED
FN0 BRASS PLUG
NW CORNER
SEC 35-79-26
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND
NAD83(2011)IA SPC 6 SOUTH ZONE.US SURVEY FOOT
PROPERTYOWNER:
B.D L PROPERTIES,INC.
475 SE ALICES ROAD
SUITE D
WAUKEE,IOWA 50263
BOOK 792,PAGE 551
DISTANCES ARE REFERENCED TO
LOT 4
,ye
LB'(".qbP,nrb
yC.'
ED~ED FND U2"IR
lum'D
upi o
-)W
z"„I YHLC DYe ec"
eb
LOT 5
FND 92"PIPE
YCAP814775
S 89'46'l9"E 50.00'
LINE TABLE
LINE LEHGtH BEARING
L I 25.00'NS'I'46'Ht"u
N 00'13'41"E 2500'
N 00'13'41"E 32.50
SDO'13'41"W 5753'
POC
FND CUT K
WU4 CORNER
SEC.35-79-26LEGFND
A
0
(M)
(R)
I.R
I.P.
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
FOUND I"PIPE (UNLESS NOTED)
SET 5&"RE ROD WIPINK CAWG354 7 (UNLESS NOT ED I
MEASURED DIMENSION
RECORDED DIMENSION
IRON ROD
IRON PIPE
SECTION LINE
RIGHT.OP-WAY LINE
EXISTING LOT LINE
PROPERTYLINE
I
6BP'42'25"E 284295(M)''I284208(R)
FND 1"PIPE
CENTER
SEC 35-79-26
N 8IP 42 28"W 25.017
POB
S 81P 42'28'E 75.00'
FIELD SURVEY COMPLETED'JANUARY 2017
I heeby mly thai this landau We wmme t mw md seethe
relatedeu ~pem ~by eorundemydt~p rso
upenaske d that I am a duly lcensed pndeseheal ISM 8
d rthel of lb St t Nlwe tt-~i I
J A BUDDE.P.L 5 DATE
U 5
999IDNA('..
De;",..".'Y.''3
9 I I it D 5 Le N I .33347
Myl 3 letewldal e DECEMBER 31,3015.
lOT=
22347
I '..'Y
PERMANENTACCESS EASEMENT
SURVEY FOR:
CITY OF WAUKEE
230 HIGHWAY 8
WAUKEE,IA 50263
TEL 3 (515)9874363
FOTH PROJECT NO.16W021-01 DATE.TU2/2017
Forth
Fath IMreetrrrot m &E I 3,LLC
3131 5~mm aem L
Jme .34 54333.let
pt 545454 33m p 535.354.1543
SHEET
1 OF 1
IIJJIJJIIIIJIJIIIJJIIIJ[IIIIJJJJIIIIJJIIJIJIIIIIIJIIIIIJJIIIJJIIIHIEIJIIIIJJI
Recorded:12/01/2017 at 01:10:36 PMFeeAat:$27.00 Page 1 of 5oallaacountVIowa
File¹Chad C.Airhart RECORDER
-20|7 23505
TEMPORARY CONSTRUCTION EASEMENT
Recorder's Cover Sheet
Preparer Information:Ryan K.Gurwell,A 6t R I,and Services
1609 Golden Aspen Dr.,Suite 104,Ames,IA 50010
(515)337-1197
Return Document To:City of Waukee,Iowa
Rebecca Schuett,City Clerk
230 Highway 6
Waukee,Iowa 50263
Grantor:B.D.L.Properties,inc.
Grantee:City of Waukee,iowa
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1.Grant of Easement s .
The undersigned,B.D.L.PROPERTIES,INC.(hereinafter referred to as the
"Grantor*'),in consideration of the sum of One Dollar ($L00)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
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 City of Waukee,Iowa,for
the purpose of construction and installation of the following public improvements:SE
Alices Road lm rovements Pro ect
This temporary construction easement shall terminate and be of no force and
effect one (1)year atter 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 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,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 of the easement 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 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 ~~day of
GRANTOR
B.D.L.PROPERTIES,INC.
CITY OF WAUKEE
Rob J.Boesen,Director iam .e,ayor
Attest:
Rebecca D.Schuett,City Clerk
STATE OF
COUNTY OF
IOWA
DALLAS
)
)SS
)
On this ~/day of 0 ,20~,before me,the undersigned,
a Notary Public in and for said County and the State of Iowa,personally appeared Robert
J.Boesen,to me personally known,who being by me duly sworn,did say that that person
is Director of the corporation executing the foregoing instrument;that (the seal affixed to
said instrument is the seal of the corporation or no seal has been procured by the
corporation)and that the instrument was signed (and sealed)on behalf of the corporation
by authority of its Board of Directors;that Robert J.Boesen acknowledged the execution
of the instrument to be the voluntary act and deed of the corporation,by it and by him
voluntarily executed.
USA K,attREAB
s 9 Commission Number 796874
My Commission Expires
June 2S,2019 Notary Public in and for the State of Iowa
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
On this ~day of Ndbtii telo-it--w r 20~i,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.
KttTHRytrt E.PURVI8
~-K 4 Commission Number F~S"S
sriy commission Exsirss
yrebruary 10,tb19
Not Pu ic in and for the tate of Iowa
Prepared by Jody Budde,5191 Birchwood Court,Suite L,Johnston,IA 50131 Phone;515-254-1393
TEMPORARY EASEMENT
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
SE ALICES ROAD IMPROVEMENTS
PARCEL 19
PROPERTY OWNER:
B.D.L.PROPERTIES,INC
475 SE ALI DES ROAD
SUITE D
WAUKEE,IOWA 50263
BODK 792,PAGE 551
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATEO IN LOT 5 OF HICKMAN WEST INDUSTRIAL PARK PLAT 0,AS RECORDED
IN BOOK 731,PAGE 437 OF THE DALLAS COUNTY RECORDER'S OFFICE.DALIAS COUNTY,IOWA,MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5,THENCE SCUT'H 59'35'55'EAST,45.00 FEET
ALONG THE NORTH LINE OF SAID LOT 5;THENCE SOUTH 00'13'41"WEST,49.52 FEET',THENCE NORTH89'46'19'WEST,40,00 FEET;THENCE SOUTH 00'13'41"WEST,125.00 FEET;THENCE SOUTH 89'46'19"EAST,35.00 FEET;THENCE SOUTH 00'13'41"WEST,33,DB FEET;THENCE SOUTH 89'46'19'EAST,17 34 FEET;THENCE SOUTH 00'l7'32"WEST,14 54 FEET:THENCE NORTH 89'42'28"WEST,60 33FEETTOTHEEASTRIGHTJJF-WAY LINE OF SEAL)DES ROAD:THENCE NORTH Do'13'41'EAST,222.58
FEET ALONG SAID EAST RIGHT-OF.WAY LINE TO THE POINT OF BEGINNING
SAID PARCEL CONTAINS 5,697 SQUARE FEET OR 0,13 ACRES MORE OR LESS,SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO
NADS3(2011)IA SPCS SOUTH ZONE,US SURVEY FOOT.
8 188
NOTE'MDNUMENTS SHDWN To BE
SET WILL eE ESTABLISHED AFTER
DDNSTRUDTIDN IS DDMPLETED
FND BRASS PLUG
NW CORNER
SEC.35.79-26 POB 5'
NW CORNER
LOT 5
UWCAP¹t 477SBB39'55"E 48.00'
BG4.
I
I
O,S
to
8
,8Iz
I
.8
Ul
I
6 DD'13'41"W 4982'
N BIP 16'19"W 40.00'
XLN RBL q i
LOTS +LXLBT.
SEE'46'19'E 35.0O
S 00'13'41"W 33.06'
S89'46'u!"E 1734'
Soo 17'32"W 14.64'
LEGBND
A
0
(M)
(R)
I R.
I.P.
FDUHDSEDRDN DDRNERhhoNUMENT
5 ET SECTIDH CORNER MDNUMEM
FDUND CUT X (UNLESS MUTED)
BET Nh RERDD wlPINH DAP827557 IUNLEss NDIEDI
MEASURED DIMENSIDN
REDDRDEO DIMENSION
IRON ROD
IRDNPIPE
SECTION LINE
RIGHT-DF-WAY LINE
EXISTING LDT LINE
PRDPERIY LINE
TEMPDRIIRY DDNSTRUDTIDN EASEMEHT
I ~NBIP42'28"W 6033'.MSD
"PIPEQFNDI
FND CUT X
OUTLOT Z
NRWl/4 CORNER
SEC.35-TEOS
FIELD SURVEY COMPLETED:JANUARY 2017
SURVEY FOR:
CITY OF WAUKEE
230 HIGHWAY 6
WAUKEE,IA 50263
TEL..(515)987 1363
FOTH PROJECT NO.16W021-01 DATE:5I23I2017
+Forth
F u r IW85 ht r a~Nt,LLDtN8hdr~SU L
h I 5 Dthhhl
Pt 8 585 58 .555855 lhhl
SHEET
1 OF I