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
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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
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50'.50
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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'
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PO B TRACT "A"
SBIP4f!'l9"E 1500
S DO'13'4l"W 2D.DQ'
N BIP46'19"W 1500
FND I/2"IR
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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
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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
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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'
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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
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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