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HomeMy WebLinkAbout2017-11-20-Resolutions 17-535_Alice's Rd Corridor Phase 5 - Purchase Agr - Easements - BDL Properties Parcel 21THE CITY OF WAUKEE,IOWA RESOLUTION 17-535 APPROVING PURCHASE AGREEMENT,PUBLIC STORM SEWER KASEMKNT, AND TEMPORARY CONSTRUCTION EASEMENT FOR THK ALICE'S ROAD CORRIDOR PHASE 5 PROJECT [BDL PROPERTIES,PARCEL 21] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA 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 this20'"day of November,2017,that it hereby approves the Purchase Agreement,Public Storm Sewer Easement,and Temporary Construction Easement for the Alice's Road Corridor Phase 5 Project [BDL Properties,Parcel 21]in the total payment amount of $9,65 L00. illiam F.card,Mayor 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 lllilllllll|llillllllllllllllllllllllllllIIIIIIlIII|lllliilIilllllllllllilll Fee Aat:$27.00 Page I of E Dallas County tova Chad C.Atrhart RECORDER Fllee eu20i7 Fc23515 BiU/Return to: Becky Schuett,City of Waukee 230 W.Hickman Rd Waukee,IA 50263~Prepared by:Ryan K.Gurwetl,4 0 R I snd Services,1609 Celilen Aspen Dr.,Suite 1114,Ames,IA 50010 (515)33'7 1197 PIJRCAIASE ACREEMENT PARCEL NO.21 COUNTY DsUas PROJECT SE Alices Road Im rovcmcnts,Phase 5 CITY Weukee IA THIS AGREEMENT made and entered into this ~(t day of Ck 4",~20 j,by and between Seller and the CITY OF WAU KEE,IOWA,Buyer. I a.SELLER AGREES to sell and furnish to Buyer a conveyance document,on form(sl furnished by Buyer and Buyer agrees to buy a emianent storm sewer easement a ermsnent access easement and a tern ora construction easement,on the following real estate,hereinaOer referred ro as the premises,situated in parts of the following: Partof Lot I in HiekmanWestlndustrialParkPlatH anOfficialPlat now includedinandformin a artofthe County of DaUes,Slate of lowe.and more particularly described on Pages 4 and 5. I b.Said Temporary Construction Easement shall terminate upon completion of the construction of tlus pmject and acceptance ofthe prolect by the City Council or 24 months,whichever occurs firsc SELLER ACKNOYYLEDGES fiiU settlement and payment from Buyer for aU claims per the terms of this agreement and discharges Buyer from liability because of ibis agreement and the construction of this public improvement project,except that Seller reserves any clams for any damages to the propeny during construction.The premises bein ~purchased in fee also includes aU estates,rights,title and interests,including all easements,and aU advenising devices. possession of the premises is the essence of this agreement and Buyer may enter and assume full use and enjoyment of the premises per the terms of this agreement.SELLER GRANTS Buyer the immediate right to enter tbe premises for the purpose of gathering survey and soil data.SEI.LER MAY surrender possession of the premises or building or improvement or any pan thereof prior to the time at which he has hereinafter agreed to do so,and agrees to give Buyer ten (10j days notice of Seller's intention to do so by caUmg Buyer collect. Buyer agrees to pay nnd S EI.LER AGREES to grant the right of possession,convey title and surrender physical possession of the premises as shown on or before the dates listed below. PAYMENT AMOUNT AGREED PERPORMANCE DATE OP PERFORMANCE 9 500.00 5 9 500.00 on conveyance of title on surrender of possession on possession and conveyance TOTAL LUMP SUM 60da safterBu era royal Breakdown ~Ac./S .Ft. Land by Fee Title Permanent Storm Sewer Easement I'ermanent Access Easement Temporary Construction Easement 600 7,190 sq.ft. sq.ft. sq.ft. sq.ft. Fence: Fence: rods woven rods barbed DISTRIBUTIOR:TRO COPIES RETURRED TO BUYER —ORE COPY RETAINED BY SELLER Page I of 5 4.SELLER WARRANTS that there are no tenants on the premises holding under lease except None. This agreement shall apply lo und bind the legs I successors in mterest of the Seller and SELLER AGREES to pay all liens and assessments against the premises,including all taxes and special assessments payable until surrender of possession as required by the Code of iowa,and agrees to warrant goad and sufficient title.Names and addresses of lienholders are. Nnne Buyer may include inongagces,lienholders,encumbmncers and taxmg authorities as payees on warrants issued in payment of this agreement.In addition to the Total Lump Sum,Buyer nhwees to pay%ISO OO t'or the cost of adding title documenu required by this transduction to Seller's abstract of title. IF Seller holds title to the pre nu sea in joint tenancy with full righrs of survivorship and not as tenants in common at the time of tit is agreement.Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor,provided the joint tenancy has noi been destroyed by operation of law or acts of Seller. These premises are being acquired for public purposes and this transfer is exempt From the requirements for the filing of a Declaration of Value by the Code of lowe R Buyer hereby oives notice of Seller's five year wght to renegotiate construction or nisi ntenanca damages not apparent at the time of tire signing of this agreement as required by the Code of lowe,Section 68 52. I O.Tins wriuen agreement constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as speciTicaUy provided for herein. Seller states and warrants that,to the best of Seller's knowledge,there is no burial site,well,solid waste disposal site,hazardous substance,nor underground storage lank on the prenuses described and sought herein. DISTRIBUTION:TBO 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 certify the Total Lump Sum payment shown herein is jint and unpaid. B.D.L.PROPERTIES,INC. Ro .Boesen,Director 475 SE Alice's Road Suite D Waukee,IA 50263 I 6/ri//inv Address / III OTRRT F(IBLI(''7'I EASE CDAIFLETE LEFT JND RIG JIT SIDES) SFLLER'SALL-PURPO'SE ACKNOWLEDGMFNT STATE 0 F IOWA l COUNTY OF DALLAS I ss: On this Ltr day of ~l~~f/,A D.20 )7,before me,the undersigned,a Notary Public in and for said State,personnUy appeared Robert J Boescn Director j)5)to me personally known or P proved to me on the basis ofsatisfsctory evidence to be the person(s) whose name(s)is/are subscribed to the within record and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the record the person(s),or the entity upon behalf ol which the person(s)acted,executed the record. CAPACITY CLAIMED BY SIGNER Q INDIVIDUAL H CORPORATE ,'Title(s)of Corporate Onicer(s): DirectorPCorporate Seal is aIYixed l H No Corporate Seal procured Q PARTNER(s): Q Limited Partnership I7 General Pannership Q ATTORNEY-IN-FACT P EXECUTOR(s)or TRUSTEE(s)P GUARDIAN(s)or CONSERVATOR(s)0 OTI IER: Signature ofNotary Public USA K.IINEAR7CousntmtonNumber79607auyComm/salon Expktm Sllllt 29,20t9 (Sign in Ink)l.SIGNER IS REPRESENTING: ,List name(s)of entity (ies)or person(s) B.D.L.Pro erties Inc. Recommended by:Ryan K.Gurwell,Pro't Manager Sate) Approved b Willi F.Pea d,Ma r Lz'y"ZO)tot zy/7 Blate) Buyer's Acknowledgement STATE OF IOWA COUNTY OF DALLAS l l ss: i;,R ilm i i ~m/mac .u/7 .i .i. appeared William F.Peard,known to me to be the ~Ws or and authorized representative of the Buyer and who did sav that the record was signed on behalf of the Buyer by its authority dulv 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 voluntarilv executed. o+9 REBECCA D.SCNUETT9ColtulllssionNumber716496seomm~mmmmstayt3,2020 Signature of Notary Public DISTRIBUTION:TWO COPIES RETURNED TO BUYER —ONE COPY RETAINED BY SELLER Page 3 of 5 Prepared by Jody Budde,5191 Birchwood Court,Suite L,Johnston,(A 50131 Phone:515-254-1393 PERMANENT EASEMENT ExH)B(T21-P PERMANENT STORM SEWER EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE SE AL(CES ROAD IMPROVEMENTS PARCEL 21 LEGAL DESCRIPTION PARCEL "A": PROPERTY OWNER: SDL PROPERTIES,LLC 475 SE ALICES ROAD SUITE D WAUKEE,IOWA 50263 BOOK 794,PAGE 468 N-+- A PARCEL OF LAND LOCATED IN LOT I OF HICKMAN WEST INDUSTRIAL PARK PLAT 0,AS RECORDED IN BOOK 741,PAGE 437 OF THE DALLAS COUNTY RECORDER'9 OFFICE, DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCING AT THE WEST QUARTER CORNER OF SECTION 35,TOWNSHIP 79,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,THENCE NORTH 00'13'41'EAST,653.72 FEET ALONG THE WEST LINE OF SAID SECTION 35; THENCE SOUTH 89'46'19'EAST,50.00 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 89'46'19"EAST,15.0D FEET;THENCE SOUTH 00'13'41"WEST,20 00 FEET; THENCE NORTH 89'46'19"WEST,15.0D FEET TO THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD,THENCE NORTH00'13'41"EAST,20 00 FEET ALONG SAID EAST RfGHT-OF-WAY LINE TO THE POINT OF BEGINNING SAID PARCEL CONTAINS 300 SQUARE FEET OR 0 007 ACRES MORE OR LESS,SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD FOR THE PURPOSE OF TNIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2DI I)IASPCSSOUTHZONE.US SURVEY FOOT. LEGAL DESCRIPTION PARCEL "B": A PARCEL OF LAND LOCATED IN LOT I OF HICKMAN WEST INDUSTRIAL PARK PLAT 0,AS RECORDED IN BOOK 741, PAGE 437 OF THE DALLAS COUNTY RECORDER'S OFFICE, DALLAS COUNIY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS' QL FND BRASS PLUG NWCORNER SEC 35-79-28 I' 13'4'I"E 2D.OQ 50'.50 ltr m (4 h=zS( n se NOTE MQNUMENIB SHDWN TO BESEYWILLBEESTABLISHEDAFTER CONSTRUCTION IS CD MPLETED FND 5/6"IR + YCAPS9517S89'46'19 E 50.00 POB TRACT "8" S 89 46'19"E 15 00' SOO'13'41"W 2000 N89'46'19"W 1500'LCL u5%~g Y PART OF LOT I 9 89'46'19"E 50.0D' COMMENCING AT THE WEST QUARTER CORNER OF SECTION 35,TOWNSHIP 79,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,THENCE NORTH 00 13'41 EAST,885.19 FEET ALONG THE WEST LINE OF SAID SECTION 35;THENCE SOUTH 89'46'19'EAST,50.00 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 89'46'19'EAST,15 DO FEET;THENCE SOUTH 00'13'41'WEST,20.00 FEET; THENCE NORTH 89'46''19"WEST,15 00 FEET TO THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD:THENCE NORTH00'13'41"EAST,20.00 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. I N DO'13'41"E 2D.Ott' '4 PO B TRACT "A" SBIP4f!'l9"E 1500 S DO'13'4l"W 2D.DQ' N BIP46'19"W 1500 FND I/2"IR YCAPE3321 PART OF LOT I SE WESTROOKE DRIVE (70'EXISTING ROYV) SAID PARCEL CONTAINS 300 SQUARE FEET OR D.DQT ACRES MORE OR LESS,SUBJECT To EASEMENTS AND RESTRICTIONS OF RECORD.FND I/2'PIPE YCAP614775FORTHEPURPOSEOFTHISDESCRIPTIONALLBEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2DI I)IASECSSOUTHZONE,US SURVEY FOOT. I I / LEGEND FOLIND SECTION CORNER MONUMENT SET SECTION CORNER MONUMENT FOUND I/4 /R W/YELLOW CAF/I4I4 8 I UNLESS NOTED) SET 5M'HEROD W/PINK CAF812847 (UNLESS NOTED) MEASURED DIMENSION RECORDED DIMENSION IRON RDO IRON PIPE SECrl ON LINE RIGHTO F-WAY LINE EXISTING LOT LINE PROPERTY UNE (I 0 (M) (R) I.R. I P. Ih mby df/MBtlhlsl d 8 H EdooutnsAt P Psmd8mumt r lated mmmnparfomsdby unde myd emp m n I supen'st thstlamaduiyt 8 dprofessmmtLsnds ~or uhd oflhrSl t Mlo CSI()fit( JODY A:N.' BUDUE =H:222.17 /Cr C */ov//5 YA 6 DOE,PLS LI N I .22847 Myln m sf date la DECEMBER SI,EQIB. F p am ah m ed el lhl ~PI PERMANENYSYORM SEWER EASEMENT POC FND CUT K El/4 CORNER SEC.MTD-26 FIELD SLIRVEY COMPLETED.JANUARY 2017 SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE,IA 50263 T EL 4 (515)987-4363 FOTH PROJECT NO IBW0214)1 DATE 11/2/2017 +Foth Folhlnnastt cture 8 enul nment,LLCslslm~c m,s e L An \.IA58484-assr nh 545tmtmaF 545854-4841 SHEET 1 OF 1 Prepared by Jody Budde,51SI Birchwood Court,Suite L,Johnston,IA 50131 Phone:515-254-1393 TEMPORARY EASEMENT EKH)B)T21-T TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE SE ALICES ROAD IMPROVEMENTS PARCEL21 PROPERTY OWNER: BDL PROPERTIES,LLC 475 SE ALICES ROAD SUITE D WAUKEE,IOWA 50263 8ODK 794,PAGE 466 LEGAL DESCRIPTION; A PARCEL OF LAND LOCATED IN LOT I OF HICKMAN WEST INDUSTRIAL PARK PLAT 0.AS RECORDED IN BOOK 741. PAGE 437 OF THE DALLAS COUNTY RECORDER'S OFFICE, DALLAS COUNTY,IDWA,MORE PARTICULARLY DESCRIBED AS FOLLOWM FND BRASS PLUG NWCORNER SEC 35-79-26 1 Gt Hill FEEt NOTE:MDNUM5HTG SHOWN TD BE GGT WILL BE GGTASLIGHGD AFTER CDHGTIIUCTIDH IS CDMPL5150 BEGINNING AT THE NORTHWEST CORNER OF SAID LOT I,THENCE SOUTH 89'35'34"EAST,8 00 FEET ALONG THE NORTH LINE OF SAID LOT h THENCE SOUTH 00'13'41' WEST,95.72 FEET:THENCE SOUTH 89'46'Hl"EAST,7.00 FEET;THENCE SOUTH 00'13'41"WEST,14.98 FEET', THENCE NORTH 89'46'19"WEST,20.00 FEET;THENCE SOUTH 00'13'41"WEST,45.0D FEET;THENCE NORTH 89'46'19"WEST,24.00 FEET;THENCE SOUTH 00'13'41"WEST,187.97 FEET;THENCE NORTH 89'46'l9"WEST,T.DD FEET; THENCE SOUTH DD'13'41'WEST,60 00 FEETI THENCE SOUTH 89'46'19"EAST,50 87 FEET;THENCE SOUTH 00'23'21"WEST,26.68 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SE WESTBRDOKE DRIVE;THENCE NORTH 89 36'39" WEST,43.86 FEET ALONG SAID NORTN RIGHTK)F.WAY LINE; THENCE WEST A DISTANCE OF 39 20 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE NORTH WITH A CENTRAL ANGLE OF 89'50'191 ALONG A 25.00 FOOT RADIUS WITH A CHORD THAT BEARS NO RTN 44'41'29'WEST,35 31 F EET TO THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD; THENCE NORTH 00'13'41"EAST,385 25 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID PARCEL CQNTA04S 7,190 SQUARE FEET OR 0.17 ACRES MORE OR LESS,SUBJEC)TO EASEMENTS AND RESTRICTIONS OF RECORD. FQR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TQ NAD83(2011)IASPCSSOUTHZONE,US SURVEY FOOT ,ASS .AS +CSVSSL).~b yC. OS R,NM 3 ) tD ) ID 5' 5lr '50 qs yC. POB S 89'35'34"E 8.00' I S 00'13'41"W 95.72' M S Ul S 89'46'l9"E 7.00' 900'13'41"W 14.98' S 89'46'19'E 20.110' SDD'13 41 W 4500 PART OF YAL V)$%ihn LOT 1 LVLD N 89'45 19"W 24.00 PART OF LOT I 3 89'46'19"E 7.00' S 00'13'41"w 60.0tr LEGEND FND1/2 IR I YCAPIG321 S 59'46'19"E 5087' S 00'23'21"W 26.68' A FDUND15CTIDNCDAN5HMDHUM5NT GST 5GCTIDH CGA Hsn MONUMENT FDUHD 02'IRWA'GLLDW~DApr4140 (UHL566 NoTED) Q 651st'HEHDDWIPIHHCAPtre47tUHL545HD150) (M)MGAGUHGDDIM5HGIDH (R)45CDHDGD DIMDHGIDN I.R.Isor HDD I.P.IRQN PIPE 6501IDH LINE HIGHIOAWAV LINE srlStlro LDT LINE PROPERTY LINE TGMPDHAHYCDHGTHUCDDH EASEMENT N 89'36'39"W 43.56'CI FND II2'IR YCAPS3321 ND U2"PIPE SE WESTBROOKE DRIVE YCAPtn4775 FNO CUT X wu4 coRNER SEC.35-79.26 FIELD SURVEY COMPLETED:JANUARY 2017 CURVE TABLG CUSYE LENGTH RADIU5 CHD.LENGTH CHD 65AHIHG DELTA IAH CI 3'I.tlr 25.00'35.31'H44'l l'2'I"tl 6'I'50'I'I"I5.56' SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE,IA 50263 TELJ(515)957-4353 FOTH PROJECT NO.16WD21-01 DATE:6/22I2017 +Fath Fots IM tro H 6 ~olroow t,LLCtH~C .Ol l IW I,IAMM.MH P .te.roruol F .'I t.e Alt SHEET 1OF1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID:007365280007 Type:EASERecorded:12/01/2017 at 01:18:08 PMFeeAmt:$37.00 Page 1 of 7DallasCountyIowa Chad C.Airhart RECORDERFiles -20i7 -235i6 PVBLIC STORM SEWER EASEMENT Recorder's Cover Sheet Preparer Information:Ryan K.Gurwell,A &R Land Services 1609 Golden Aspen Dr.,Suite 104,Ames,IA 50010 (515)337-1197 Return Document To:City of Waukee,Iowa Rebecca Schuett,City Clerk 230 W.Hickman Road Waukee,Iowa 50263 Grantor:B.D.L.Properties,inc. Grantee:City of Waukee,Iowa I fl'u c STORM SEWER EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned,B.D.L. Properties,Inc.(hereinafter referred to as the "Grantor"),in consideration of the sum of One Dollar ($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 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 legally described as: SEE 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 sev;.er(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: 1.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)4 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. 4.~th ht fA .Th City hill th ight f t th 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. 2lna 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.Attomev's Fees.The City may enforce this Easement by 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 docs 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. i sg dts i d y r~Oryry y ',20+I GRANTOR B.D.L.PROPERTIES,INC. Robert .Boesen,Director STATE OF COUNTY OF IOWA DALLAS ) )SS ) ttOnthis~day of I I ,20/7,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.NIINEAB5commgssionNsmner796874 Mir Commission Expires done 24,Zotel otary Public in and for the State of Iowa 4 I p,y ACCEPTANCE BY CITY OF WAUKEE,IOWA CITY OF WAUKEE,IOWA, an Iowa municipal corporatio By W ia .ard, Mayor of the City of Waukee,Iowa By Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of;kktt1&XQnu~,20~5,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.PUFtVts xa S Commission Number 79451 3 My Commis~ion Expires February 1Q,2019 ,~14;,t,' No ry P blic in and for the State of Iowa sinu EXHIBIT A Part of Lot I in Hickman West Industrial Park Plat II,an Of'ficial Plat,now included in and forming a part of the City of Waukee,Iowa,and more particularly described on the attached Permanent Easement Plat. 6jj'ssc Prepsred by Jody Budde,3191 Birchwood Court,Suite L,Johnston,)A 5Q131 Phone:515-254-1393 PERMANENT EASEMENT ExH)B(T21-P PERMANENT STORM SEWER EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE SE ALICES ROAD IMPROVEMENTS PARCEL 21 LEGAL DESCRIPTION PARCEL "Ah A PARCEL OF lAND LOCATED IN LOT I OF HICKMAN WEST INDUSTRIAL PARK PlAT II,AS RECORDED IN BOOK 741, PAGE 437 OF THE DALLAS CQUNTY RECORDER'S OFFICE, DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE WEST QUARTER CORNER OF SECTION 35,TOWNSHIP 79,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,THENCE NORTH 00'13'41"EAST,653.72 FEET ALONG THE WEST LINE OF SAID SECTION 35; THENCE SOUTH 89'46'19"EAST,50.00 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 89'46'19'EAST,15.00 FEET;THENCE SOUTH 00'13'41'WEST,20 00 FEET; THENCE NORTH 89'46'19'WEST,15.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD,THENCE NORTH00'13'41'EAST,20 00 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 300 SQUARE FEET OR 0.007 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)IASPCSSOUTHZONE,US SURVEY FOOT. LEGAL DESCRIPTION PARCEL "B": A PARCEL OF LAND LOCATED IN LOT I OF HICKMAN WEST INDUSTRIAL PARK PLAT 5,AS RECORDED IN BOOK 741, PAGE 437 OF THE DALLAS COUNTY RECORDER'S OFFICE, DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS; Ii 13'41"E 20.00 50',50—e Kl Ul Pn I )R PROPERTYOWNER: 8DL PROPERTIES,LLC 475 SE ALICES ROAD SUITE D WAUKEE,IOWA 5D263 BOOK 794,PAGE 466 8 58 Im FND BRASS PLUG NWCORNER SEC.35-79-26 FEET NOTE.MONUMEHTS SHOWN TO BESEFWILLBEESTABLISHEDAFTER COHSTSUCrtDH IS COMPLETED SBIPAB'HFE 500O PQB TRACT *8" S 89'46'19"E 15 00' S OD'13'41"W 20.00 YCAPS9517 S 89'46'l9"E 50.00' N 69 46 19 W 1500 LQSRfLT g L PART OF LOT I COMMENCING AT TNE WEST QUARTER CORNER OF SECTION 35,TOWNSHIP 79,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,THENCE NORTH 00'13'41"EAST, 885.19 FEET ALONG THE WEST LINE OF SAID SECTION 35. THENCE SOUTH 89'46'19"EAST,50.00 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 89'46'19"EAST,15.00 FEET;THENCE SOUTH 00'13'41"WES7,20 00 FEET; THENCE NORTH 89'46'19"WEST,15.00 FEET TO THE EAST RIGHT-OF-WAY I.INE OF SE AUCES ROAD;THENCE NORTH00'13'41'EAST,20.00 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. DO'13'41"E 20.00' POB TRACT "4" SBIP46'19"E 15DD' SDIP 13'41"W 2000' N 89'46'IM W 15.00' FND I/2"IR YCAPIG325 PART OF LQT I SAID PARCEL CONTAINS 300 SQUARE FEET OR 0.007 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)IASPCSSOUTHZONE,US SURVEY FOOT. SE WESTROOKE DRIVE(70'EXISTING ROW) FNQ II2"PIPE YCAPS14775 4 0 (M) (R) I.R. I,P. FOUND SECTION CORNER MONUMENT SET SECTION CORNER MOHUMEM FDUHD U2'IR WfyELLOW CAP¹4545 IUHLESS HOTEDI SET ara SESOD WIPIHK CAP¹22847 (UHLESS NOTED) MEASURED DIMENSION AECOAOED DIMENSION iRON AOD IAOH PIPE SECTION LIME BIG HI'OF.WAY LIME EXISTING Lot LINE PROPERTY LINE PEAMIIHEHTSTOAMSEWEA EASEMENT ''o JODY A U' Ui BUD ID 5 '2'-:22L I t)',E JODYA.DE,PLS Ll en b .22841 MythmM I date s DEOEMBEA31,2818. paamo w lsm welbythi l OF ( 0 E POC FND CUT X E1/4 CORNER FIELD SURVEY COMPLETED:JANUARY 2017 I hemby csrsy Ihatlhi I d errveyln9 don mw twas prepamd d th relatefs y M4wssped mbymemund ye~pe el 5 '*M la duly to HIProfemlonalL mtSuneyor u d thelewsof 5mt fr SURVEY FOR: CITY OF WAUKEE 23D HIGHWAY 6 WAUKEE,IA 50263 TELE (515)987-4363 FOTH PROJECT NQ.18W021 01 DATE:I UH2017 Forth F tnfmra 1 turn SS vlmmment,LLCsrern~c a.8 5 .rA 55435-253r Ph .51545413535 .515254.Ht SHEET 1 OF 1 IIJJIJJIJIJIJJIJJIIIIIIIJJJJJJJJJJIJJIJIIJIJIJJIJJJIJJJIJJIJIJIIIIJII Doc ID:007355280005 Type:EASERecorded:12/01/2017 at 01:18:31PnFeeAmt:$27.00 Page 1 of 5DallasCountyIowaChadC.Airhart RECORDERFilea 822017 F023527 TEMPORARY CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer Information:Ryan K.Gurwell,A 6k R Land Services 1609 Golden Aspen Dr.,Suite 104,Ames,IA 50010 (515)337-1197 Return Document To:City of Waukee,Iowa Rebecca Schuett,City Clerk 230 Highway 6 Waukee,Iowa 50263 Grantor:B.D.L.Properties,Inc. Grantee:City of Waukee,loyva TEMPORARY CONSTRUCTION EASEMKNT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: The undersigned,B.D.L,PROPERTIES,INC.(hereinafter referred to as the'Grantor"),in consideration of the sum of One Dollar ($L00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknov'ledged,does hereby sell,grant,and convey to the CITY OF WAUKKE,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 EASEMKNT 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 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 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 Crrantor covenants to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever,except as may be herein stated. Signed thi47 day of ,20') GRANTOR B.D.L.PROPERTIES,INC. CITY OF WAVKEE Rob r J.Boesen,Director y r Attest: Rebecca D.Schuett,City Clerk STATE OF COUNTY OF IOWA DALLAS ) )SS On this t l day of ,20j 7,before me,the undersigned. a Notary Public in and for said County and the State of Iowa,personally appeared RobertJ.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 instnunent was signed (and sealed)on behalf of the corporation by authority of its Board of Directors;that Robert J.Boesen acknowledged thc execution of the instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily executed. LISA K.MlNEAR«9 Commieeien Number 796874 My C":nmienan Expaee Pl ary Public in and for the State of Iowa STATE OF [OWA ) )SS COUNTY OF DALLAS ) On this'~day of I,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. KATF1RYN E.PU'RVIS Comma"m r number 794513 Irty Comimbuloo Expires February 10,Rois rI v Not P blic in and for the State of iowa Prepared by Jody Budde,3191 Birchwood Court,Suite L,Johnston,(A 50131 Phone:5(5254-(393 TEMPORARY EASEMENT EKH)B)T21-T TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE SE AL(CES ROAD IMPROVEMENTS PARCEL 21 PROPERTY OWNER: BOL PROPERTIES,LLC 475 SE ALICES ROAD SUITE 0 WAUKEE,IOWA 50263 BOOK 754,PAGE 466 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATEO IN LOT I OF HICKMAN WEST INDUSTRIAL PARK PLAT 5,AS RECORDED IN BOOK 741, PAGE 437 OF THE DALLAS COUNTY RECORDER'S OFFICE. DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS FND BRASS PLUG NW CORNER SEC.35.79-26 FEEI NOTE:MDNUMBNTB SHOWN TQ BE557WIILBEESTABLISHEDAFTER CQNBYRUCTIQN IS CDMPLBTBD BEGINNING AT THE NO R7HWE ST CORNER OF SAI 0 LOT I, THENCE SOUTH 69'35'34"EAST,800 FEET ALONG THE NORTH LINE OF SAID LOT h THENCE SOUTH 00'13'41 WEST,95.72 FEET,THENCE SOUTH 59'46'19"EAST,T.DD FEET;THENCE SOUTH Do''13'41"WEST,14.98 FEEI; THENCE NORTH 89'46'19"WEST,20.00 FEET;THENCE SOUTH 00'13'41"WEST,45.00 FEET;THENCE NORTH 59'46'19"WEST,24 00 FEET;THENCE SOUTH 00'l 3'4t h WEST,167.97 FEET,THENCE NORTH 69'46'l9'WES7,7.00 FEET; THENCE SOUTH DD'13'41'WEST,6000 FEET;THENCE SOUTH 89'46'19"EAST,5D.57 FEET;THENCE SOUTH 00'23'21"WEST,26.68 FEET TO THE NORTH RIGHTJDF-WAY LINE OF SE WESTBROQKE DRIVE;THENCE NORTH 69'36'3M WEST,43.86 FEET ALONG SAID NORTH RIGHTX)F-WAY LINE; THENCE WEST A DISTANCE OF 39.20 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE NORTH WITH A CENTRAL ANGLE OF 89'50'191 ALONG A 25 00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 44'41'29"WEST,35.31 FEET TO THE EAST RIGHT-QF-WAY LINE OF SE ALICE6 ROAD. THENCE NORTH 00'13'41"EAST,385,25 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 7,19D SQUARE FEET OR 0.17 ACRES MORE OR LESS,SUBJECT TQ EASEMENTS AND RESTRICTIONS OF RECORD. FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO NAD83(2011)IASPCSSOUTHZONE,US SURVEY FOOT. SOS SSL'SS 2 SLISSN. SSC LEGEND gl (W Q U)O ( el Bj 50'50 FNo I/2"IR YCAP¹3321 SSC. POB SsfP35'34"E 8.00 I S DIP 13'4l"W 95.72 E 8 g W fU R SBB'46'19"E 50.87' I SDIP23'21"W 2668 6 89'46'19"E T.QD' 6 00'13'41"W 14.98' S 89'46'l9"E 20.00'SSSDD'13'41"W 45.00' C43KBSL"V' PART OF LOTI LYLS 3 N SIP 46'19"W 24.00 3 PART OF',8 LOT I SBIP46'19"E 7.00' S GP 13'4 I"W f!0.Dfl' A Zf 0 (M) (R) I.R. IP 4 FOUND BBCYIDN CORNER MONUMENT BBT SECTION CORNER MONUMENT FDUND Ill'IR WIYBLLQWCAP¹4545 (UHLBBG NDYBDI 551 5lt'RBRQD WIPINX CAP¹32547 (UNLBBB Nolsof MEASURED DIMENSION RBCDRDBQ IIIMBNBIQN IRON RDD IRON PIPE BBCYIDH LINE RIGHY-DF-WAY LINE BXIBYINQ Lor Llhfa PROPERTY LINE TEMPORARY CONSTRUCTION BADBMBNY 01 FND V2"PIPE YCAP¹14775 NBB 31!'39"W 43.86' FND I I2"IR YCAP¹3321 SE WESTBROOKE DRIVE FNDCUTX WU4 CORNER SEC.35-79.26 FIELD SURVEY COMPLETED:JANUARY 2017 GURYI 1ABLB CURVE LINGYH RADIUG GHfl,LBNGYH CHD BEARING DELT4 IAN CI 3'l.20'25,00'35.31'N44'41'2'I"N 51'BD'I'I"15.55' SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 8 WAUKEE,IA 50263 T EL 4 (515)997M363 FOTH PROJECT NO.16W021-01 DATE:6I22I2017 +Foth F tslM at et ess M m el,LLC5454~5 4 5 L 4 .I 55431-553 Ph .'545454 IMI 5 '54535MMt SHEET 1 OF 1