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Home My WebLink About2017-11-20-Resolutions 17-536_Alice's Rd Corridor Phase 5 - Purchase Agr - Easements - EAAI HoldingsTHE CITY OF WAUKEE,IOWA RESOLUTION 17-536 APPROVING PURCHASE AGREEMENT,PUBLIC STORM SEWER EASEMENT) AND TEMPORARY CONSTRUCTION EASEMKNT FOR THE ALICE'S ROAD CORRIDOR PHASE 5 PROJECT [KAAI HOLDINGS,LLC] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A 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 EAAI Holdings,LLC,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,and Temporary Construction Easement for the Alice's Road Corridor Phase 5 Project [EAAI Holdings,LLC]in the total payment amount of $15,35 L00. illiam .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 IllllllllllllllllllllllIllllllllllllllllllllNIllllllllllllllllllllIlIllflIl Callas County loca Flleii chad c.Alrhart nnconpnn «2017 -23512 Big/Rn'to i'0 'to Becky Schuett,City of Waukee 230 W.Hickman Rd. Waukee,IA 50263~Prepared by:Rvsnk.Gurwell,A 8 R Land Services,1609 Golden Aspen Dr.,Suite 104,Ames,IA 50010 (SLS1337 1197 PVRCBASE AGREEMENT PARCEL NO. PROJECT 20 SF Alices Road lm rovements,Phase 5 COUNTY Dallas CITY Waukee,IA FY ojb TI(IS AGREEMENT niade and entered into this ~day of QC ~yk'F r,2~BI by and between Seller and the CITY OF WAUKEF,IOWA,Buyer. I a.SELLER AGREES to sell and furnish to Buyer a conveyance do cunt ent,on form(s)fumi shed by Buyer,and Buyer agrees lo buy a ermanent storm sewer easement and stem ora construction ea ement,on the folloiving real estate,hereinafter referred to as the premises.situated in parts of the following: Part of Lot 4 in Nickman West Industrial Park Plat II an Official Plat now included in and formin a art of the County of Dallas,State 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 this project and acceptance of the project by the City Council or 24 months,whichever occurs first.SELLER ACKNOWLEDGES full sent ement and payment from Buyer for all claims per the lerms of this agreement and discharges Buyer from liability because of this agreement and the construction of this publio improvement project,except that Seller reserves any claim for any dame es to the property during construction.Tire premises being purchased in fee also includes all estates,rights,title and interests,inc ludin all easements,and all advertising devices. Possession of the premises is the essence of ibis agreement and Buyer may enter and assume full use and enjoyment of the premises per the teims of this agreement.SELLER GRANTS Buyer the immediate right to enter the premises for the purpose of atlierinb suivey and soil data.SELLER MAY surrender possession ot'the premises or building or improvement or any part thereof prior to the time at which he has hereinsiter a reed to do so,and agrees to give Buyer ten (IO)days notice of Seller's intention lo do so by calhng Buyer collect. Buyer agrees to pay and SELLER AG REEF to grant the right of possession,convey title and surrender physical possession ofthe premises ns shown on or before the dates listed below. PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE on conveyance of title on surrender of possession an possession and conveyance TOTAL LUMP SUM 60da safterBu era roval Breakdown ~AeiS .Ft. Lmid by Fee Title Permanent Storm Sewer Easement Peimanent Access Easeinent Temporaiy Construction Easement 265 13,265 sq.ft. sq.ft. sq.ft. sq.ft. Fence: Fence: mds woven rods barbed OISTRIBUTIOH:THO COPIES RETURHEO TO BUYER —OHE COPY RETMHEO 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 tn and bind the legal successors in interest of the Seller and SELLER AGREES to pay aR liens and assessments against the premises,mcluding ag taxes and special esse as ments payable until surrender of possession as required by the Code of lowe,and agrees to warrant good and suAic tent title.Nwnes and addresses of lienholders are: None 6 Buyer may include mortgagees,lienholders,encumbrancers and taxing authorities as payees on warrants issued in payment oF this agreement.In addition to the Total Lump Sum,Buyer agrees to pay S150 00 for the cost of adding title documenrs required by this transaction to Seller's abstract of title. 7 If Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants m conunon at the time of this agreement,Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely fram that survivor,provided the joint tennncy has not been destroyed by operation of law nr acts of SeUer. These premises are beinl,acquired for public purposes and this transfer is exempt irom the requirements for the filing of a Declaration of Value by the Code of lowe. Buyer hereby gives notice of Seller's five year right to renegotiate conslruction or maintenance damages not apparent at the time of the signing of this agreement as required by the Code of lowe,Section 6B,52. 10.This written agreement constitutes the entire agreement betiveen Buyer snd Seller and there is no agreement to do or nol to do any act or deed except as specilicagy provided for herein. Seller states and warrants that,to the best of Seger's knowledge,there is no burial site,well,solid waste disposal site,hazardous substance,nor underground storage tank on the premises described and sought herein. OISTRIBUTION:TNO COPIES RETURNEO TO BUYER —ONE COPY RETAINEO BY SELLER Page 2 of 5 SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION:Upon duc approval and execution by the Buyer,we the undersigned claimants certify the 'f otal Lump Sum payment shown herein is just and unpaid. EAAI HOLDINGS,LLC A'm At/A' Jeff Dunn,Managing Mamba I I 00 SE Westbrooke Drive Waukee.IA 50263 (6/of//ng ffddress / (iVOTARY PVQL(C PLEASL COA(PLETE LEFTAAD R(G(VTS(DES/ SELLER'S ALL-PURPOSE ACKNOWLEDGMENT S'fATE OF IOWA COUNTY OF DALLAS l ss: On this ~Vday of ~g~~,A.O.2~0~before me,the undersigned,a Notary Pubhc in and for said State,personally appeared Jeff Dunn Mana in Member to me personally known or P proved to me on the basis of satisfactory evidence tobe the person(s) whose nsme(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 Ins/her/their signature(s)on the record the person(s),or tire entity upon behalf oi which the person(sl acted,executed th APACITY CLAIMED BY SIGNER INDIVIDUAL H CORPORATE ,Title(s)of Corporate Oflicer(s)i ;P Curporate Seal is affixed ',HNo Corporate Seal procured ',0 PARTNER(s): P Limited Partnership P General Partnership0ATTORNEY-IN-I'ACT Q EXECUTOR(s)or TRUSTEE(s)0 GUARDIAN(s)or CONSERVATOR(s) P OTHER: Si ature ry Public uy 0 sf imiss cn E"":ms "no 6,zo Sign in tnk)',SIGNER IS REPRESENTING: List name(s)of entity (ies)or person(s) Recomnende by:Ryan K.Ourwell.Pro't Reneger Sate) Approved by:W iam P r Nayor (Date) Buyer's Acknowledgement STATE OF IOWA COUNTY OF DALLAS I l ss' ,,;,JIIL,„,~fu/wtxl ~I,~~„i. appeared William F.Peard,known to me to be the ~Na or and authorized representative of the Buyer and who did say that the record was signed on be)self of the Buyer by its authority duly recorded in its minutes,and said authorized representative acknowledged the execution of tho record, whose signature appears hereon,to be the voluntary act and deed of the Buyer,and by it voluntarily executed. ,A"im REBECCA D.SCHUETT r aocfliffllsslofl Nllilibef 116496 uy Commission Wxplnm may 12,2020 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:515-257(-(393 PERMANENT EASEMENT EXH)B(T20-P PERMANENT STORM SEWER EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE SE ALICES ROAD IMPROVEMENTS PARCEL 20 PROPERTY OWNER: EAAI HOLDING,LLC P.O.BOX 328 DES MOINES,IOWA 50302 BOOK 2006.PAGE 8543 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 4 OF HICKMAN WEST INDUSTRIAL PARK PLAT 8,AS RECORDED IN BOOK 741,PAGE 43T OF THE DALLAS COUNTY RECORDER'6 OFFICE,DALLAS COUNTY,IOWA MORE PARTICULARLY DESCR/BED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4,THENCE NORTH 00'13'41"EAST,5.47 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD;THENCE SOUTH 89'46'l9'EAST,48.00 FEET; I'HENCE SOUTH 00'13'41"WEST,14 43 FEET TO THE SOUTH LINE OF SAID LOT 4;THENCE NORTH 89'38' 55"WEST,48 00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 265 SQUARE FEET OR 0.006 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 FND BRASS PLUG SE CORNER SEC.27-79.26 FLEt LOT 4 NOTE:MDNUMEHTB SHOWN TD BE n —..BET WILL BE ESTABLISHED AFTER DDHEIHUDTIDH IB CDMPLEEED SE WESTBROOKE DRIVE (70'EXISTING ROW) NDD'13'41"E 54? SBI?46'I&'E 460D' S 00'13'41"W 5.57' phd(q,LR+Sh,yC. 6 89'38'55"E 50 00' mt )(R CI&IK0- IX DJ :J ut N N 89'3&55"W 48.00' POB FND I/2"IR SW CORNER LOT 4 LOT 5 LEGEND FND CUTE El/4 CORNER SEC.34-79-26 0 (M) (R) I.R. I.P. ~PERMANENT STORM SEWER EASEMENT FDUHD SECTION CORNER MONUMENT SETEEDTIDHDDRHEH MONUMENT FDUHD 0?PIPE W/YELLDW CAP¹14775 IUHLEEB MUTED) BET 5/8 RERDD W/PINK CAP/I22847 tUHLESE NOTED) MEASURED DIMEHBIDH RECORDED DtMEHBIDH IRON RDD IRON PIPE BEDTIDHLEHE RIGHT Jtp WAY LINE EKI¹TIHG LDT LIME PROPERTY LIME BBIO//4( JODY A.;Y —(u.' BUDGE .C22647 D .OO /I)tr I FND I"PIPE FIElD SURVEY COMPLETED'JANUARY 2017 lhe hyc mtythstduslaelaumevmtdm I p pmadandlh* ml hm 7~~pe@ Mhy d ydhmtpemonat p do and amadulylisensedpmfesslmtta dB y r u de Ihels M Blam fl ~(~~0 9 W w JDDYA E,.LB DATE U H t 22847 Mylo td I I*DECEMBER51 2ots SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE,IA 50263 TEL 2 (515)987-4383 FOTH PROJECT NO.IBW021-01 DATE:11/2/2017 Foth Peti I mnsttuolnt 8 F Immntn I'I LLC alai ~c .8 tt L rd I,4 Mu 1-2997 Pl .Et 5.259 t799 F '515.259-7592 SHEET I OF 1 Prepared by Jody Budde,3191 Birchwood Court,Suite L,Johneton,IA 50131 Phone:515-254-1393 TEMPORARY EASEMENT EKH)BIT20-T PROPERTY EAAI HOLDING, P.O.BOX 328 DES MOINES,IOWA 50302 BOOK 2006,PAGE 8543 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 4 OF HICKMAN INEST INDUSTRIAL PARK PLAT 5,AS RECORDED IN BOOK 731, PAGE 437 OF THE DALLAS COUNTY RECORDER'8 OFFICE. DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE SE ALICES ROAD IMPROVEMENTS PARCEL 20 ~FND BRASS PLUG OWNER:NW CORNER LLC i SEC 35 79-26 I CITY OF WAUKEE NOTE:MCNUMGHTB SHOWN TC Se SBTWILL Se BBYAeLIBHGD AFTER CDHONIUCTIDH Ie CDMPI BTBD BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 00'13'41"EAST,205 16 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD;THENCE NORTH A DISTANCE OF 39.34 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EAST WITH A CENTRAL ANGLE OF 90 09'4l;ALONG A 25.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 45'18'31"EAST,35.41 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SE WESTBROOK DRIVE; THENCE SOUTH 89'36'3!t'EAST.239.83 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE;THENCE SOUTH 00'23'21" WEST,68.00 FEET;THENCE NORTH 89'36'39"WEST,50.00 FEET;THENCE NORTH 00'23'21'EAST,60.00 FEET;THENCE NORTH 89'36'39"WEST,7029 FEET;THENCE SOUTH 00'23' 21"WEST,45.00 FEET;THENCE NORTH 89'36'3IP WEST, 35.DD FEET',THENCE NORTH 00 23'2l'EAST.45.00 FEET; THENCE NORTH 89'NP 39'WEST,25.0D FEET;THENCE SOUTH 00'23'21'WEST,42 00 FEEI;THENCE NORTH 89'36' 39"WEST,41,47 FEET;THENCE SOUTH 00'13'41'WEST, 31.61 FEET;THENCE NORTH 89'46'19"WEST,35.00 FEET, THENCE SOUTH 00'13'41"WEST,133.43 FEET;THENCE SOUTH 89'46'19'EAST 40 00 FEET THENCE SOUTH 00'13' 41"WESI,15.13 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 89'38'55'WEST,48.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 13,265 SQUARE FEET OR 0.30 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)IA SPCS SOUTH ZONE,US SURVEY FOOT. IF Pu I j IU N I IR 'M IU M FND u2"IR YCAP¹3321 SE WESTB ROOK DRIVE 70' SBS'36'39"E 23983 S 00'23'21"W 42.0tr 800'13'41"W 31 61 LOT 4 JB NS!pee upw 350D' B S 89'417 IW E 4D.GG' Seo'13'41"W 1518' eP $YYRB $LI $L $$$ 50~50 $$$$$ehyb$5 $$$$e&" LOT 5 N89'38'55"W 46,00' POB FND u2'IR NE CORNER LOT 5 LEGEND A 0 (M) (R) I.R. I.P. FOUND BBCYJGH CORNER MONUMENT Set SECTION CCIIHBR MONUMENT FDUHD H2'PIPE WIYBLLDW CAP 314773 tltHLBBB NOTED) OBT 5IB'RRRDD wJPIHH cAPIB3347 IUHL685 NQTED) MBASURGD DIMSNSIDH RBCDRDBD DIMGN6IDN IRDH RDD tRON PIPE SECTION LINE RIGHYOF-WAY LINE StleTIHG LDT LINE—PRCPGRIY LINE TEMPORARY CDHSYRUCRCH EASEMENT FND CUT X EN4 coRNER SEC.35-79-26 Lier iteLB FIELD SURVEY COMPLETED:JANUARY 2017 LINE TABLE L5 45,00'OGG 23'24 "tl LS 35.tie'He I 36'O'I"H LINE LENGTH BEARING LI ee.GD'600'23'21 "H L7 45.00'HDD'23'21 "63250.00'He'I'36'O'I"H Le 25.00'Hee Oe 34"H L'I ~1.47'Hel'36'3I"H L3 50.60'HDD'23'21 "6 L4 70.2'I'Hee'36'3'7'H CURVE rASLE CURYB LENGTH RADIU5 CHD.L6HGIH CHD BEARING DELIA YAH CI 3'134'25.00'&.Il'H45'le'31 "6 'IG'01'41"2507' SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE,IA 50263 TELO (515)987-4363 FOTH PROJECT NO.ISW021-01 DATE:7I25I2017 +Foth F ie I t I I 6 Eeelteem 1,LLC 3WJRH IC W.WJ 4 4 M334344333 Pt '34333 .3333 F .'Atf 13«3343 SHEET 1 OF 1 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID:007365250007 TYpe:EASE Recorded:12/01/2017 at 01:16r46 PtI Fee Amt:$37.00 Page 1 of 7 Dallas County Iowa Chad C.Air hart RECORDER Files -2017 -23513 PUBLIC STORM SEWER EASEMENT Recorder's Cover Sheet Preparer Information:Ryan K.Gurwell,A &R Land Services 1609 Golden Aspen Dr.,Suite 104,Ames,IA 50010 (515)337-1197 Return Document To:City of Waukee,Iowa Rebecca Schuett,City Clerk 230 W.Hickman Road Waukee,iowa 50263 Grantor:EAAl 1loldings,LLC Grantee:City of Waukee,Iowa l no STORM SEWER KASKMKNT(S) KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned,KAAI HOLDINGS,LLC (hereinafter referred to as the "Grantor'*),in consideration of the sum of One Dollar ($f00)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 legally described as: SKK EXHIBIT "A"ATTACHED HKRKTO (hereinafter referred to as the "Easement Area")for the purpose of locating stomt sewer(s) (hereinafter referred to as "sewer(s)")and to permit and allow the City to enter at any time upon, over,under,throu+c,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. 4 ~Rht*fA .Eh City hith 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. 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. E.A~it 'E.TECityy i ttiE tdypp pit ti,dddd 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. Signed this ~+day of AJ rJ~~,20d ~ GRANTOR EAAI HOLDINGS,LLC y O +dr yy Jeff Dunn,Managing Member STATE OF IOWA COUNTY OF DALLAS On this ~day of ,20 /7,before me,the undersigned,a Notary Public in and for said County and the State of Iowa,personally appeared Jeff Dunn,to me P ttyh,h h t dhy d ty,dtd yth tth tP t ~Mi M t y the corporation executing the foregoing instrument;that no seal has been procured by the corporation;and that the instrument was signed on behalf of the corporation by authority of its Board of Directors:that Jeff Dunn acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and b 'luntarily executed. Not ubl'i d for the Stateof Iowa C h C t,'d yy -th'ho 4,ae+ ACCEPTAIsICE BY CITY OF WAUKEE,IOWA CITY OF WAUKEE,IOWA, an Iowa municipal corporati By William F.Pe rd, Mayor of the City of Waukee,Iowa By Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of O,",,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 v ithin 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. KATHRVN E.PtirsVIS Commission Number 794513 My Commission Expires February 10,2019 /0 r, tary Publ'in and'for the State of Iowa EXHIBIT A. Part of Lot 4 in Hickman West Industrial Park Plat II,an Official Plat,now included in and forming a part of the City of Waukee,Iowa,and more particularly described on the attached Permanent Easement Plat. Prepered by Jody Budde,5191 Birohwood Court,Suite L,Johnston,(A 50131 Phone:515-254-1333 PERMANENT EASEMENT i KH(B(T20 P PERMANENT STORM SEWER EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE SE AL(CES ROAD (MPROVEMENTS PARCEL 20 PROPERTY OWNER: EAAI HOLDING,LLC P.O.BOX 328 DES MOINES,IOWA 503D2 BOOK 2006,PAGE 8543 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN LOT 4 OF HICKMAN WEST INDUSTRIAL PARK PLAT 8,AS RECORDED IN BOOK 741,PAGE 437 OF TIIE DALLAS COUNTY RECORDER'S OFFICE,DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS FND BRASS PLUG SE CORNER SEC.27-79-26 rest NOTE MONUMBNTB SHOWN To BE SBTWILL BE SSTABLISHBD AFTER CONBTRUCTlON IS COMPLETED BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4,THENCE NORTH 00'13'41'EAST,5 47 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD;THENCE SOUTH 89'46'19"EAST,48.0D FEET; THENCE SOUTH 00'13'41"WEST,14.43 FEET TO THE SOUTH LINE OF SAID LOT 4;THENCE NORTH 89'38' 55"WEST,48.DD FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 265 SQUARE FEET OR 0.006 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. 50'50'$ SE WESTBROOKE DRIVE (70'EXISTING ROW) LOT 4 NOIP13'41"E 5.47 S 89'46'19"E 48 DO 8 DIP 13'41"W 557' ~rS~yXt "15 51C.. 3 89'38'55"50 00' wwt '-Kj zS O O- th X 40ogh X4$I B NSIPBB 55 W 4800 POB FND 1/2'IR SWCORNER LOT 4 LOT 5 FNDCUTX EU4 CORNER SEC.34-79 26 1 lLFGFND FOUND BBCUON CORNER MONUMENT BBT SECTION CORHhft MONUMENT FOUND lit'PIPE WiYBLLOW CAplf1 47/5 IUHL8 88 HOT BOI Q 85T 5ls"RBROO WIFIHKCAF822847 IUHLBBB HOTBDI (M)MBABURBODIMBHBION (R)RBCOROBOOIMBHBIOH I.R.IRON ROD IP IROHPIPB SECTION LINE S RtGHTOF WAY LINE EXISTING LOT LINB—r'4 —pRopERTY LINE~PERMANENT STORM SEWER BABBM8HT ~qE I 0 N 4 1 0:47.'ru JODY A il I i I 'l l:2:ZpiL 03 0 !U,'lh FND I"PIPE FIELD SURVEY COMPLETED'JANUARY 2017 the by sw6lh tlbhl wl wsyl gdw ~w pwpawd dtb lhd aut y w ws p 4 wl h/w uwlw 7 dwh pe sl wpewdwnewf t I dulylhsnsedprefwsluwlL &Bur y unw Inc hw;slat flu !l (33 Wj3 JODY BUDDB,P.L 3.DATE Us Nu I .85847 Myttw anew ld I I DBCBMBBR51,84MB F gaea hach Ywedbytt'seal. SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE,IA 50263 TELU (515)9874363 FOTH PROJECT NO.16W021-01 DATE'111212017 +Forth Fath IMrestshntwrd 8 F stra nt,LLCStet~a W,s tt LJd,W 58 4 W 4h 31 Ft ets 554 18WF .H5 154 twt SHEET I OF 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID:007365260005 Type:EASERecorded".12/01/2017 at 01:17:05 PrtFeeAmt:$27.00 Page 1 of 5DallasCountytoua Chad C.Airhart RECORDERFilea EK2017 F5235 f4 TEMPORARY CONSTRUCTION EASEMENT Recorder's Cover Sheet Preparer Information:Ryan K.Gurwell,A &R Land Services 1609 Golden Aspen Dr.,Suite 104,Ames,IA 50010 (515)337-1197 Return Document To:City of Waukee,Iowa Rebecca Schuett,City Clerk 230 Highway 6 Waukee,Iowa 50263 Grantor:EAAI Holdings,LLC Grantee:City of Wankee,Iowa TEMPORARY CONSTRUCTION KASEMKNT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: The undersigned,KAAI HOLDINGS,LLC (hereinafter referred to as the "Grantor"),in consideration of the sum of One Dollar ($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 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 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 PG/oA&,20lf GRANTOR EAAI HOLDINGS,LLC CITY OF WAIJKEE Jeff Dunn,Managing Member am F.P ard,Mayor Attest: Rebecca D.Schuett,City Clerk STATE OF COUNTY OF IOWA DALLAS ) )SS ) On this ~day of ~A,20J 9 before me,the undersigned, a Notary Public in and for said County and the State of Iowa,personally appeared Jeff Dunn,to me personally known,who being by me duly sworn,did say that that person is MMMM 1 fth q ti tkgth f g Ygi I t;th t been procured by the corporation;and that the instrument was signed on behalf of the corporation by authority of its Board of Directors;that Jeff Dunn acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily executed. Not ry Publ''n and for the State of Iowa JDt tF„9~". STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~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 sv orn,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. Not Publi'c in an for the State of Iowa Prepared by Jody Budde,5191 Blrchwood Court,Suite L,Johnston,IA 50131 Phone.515-254-1393 TEMPORARY EASEMENT EKH(B)T20-T PROPERTY OWNER; EAAI HOLDING,LLC P.O.SOX 328 DES MOINES,IOWA 50302 BOOK 2006,PAGE 6543 i SFC.SS.TS-26 LEGAL DESCRIPTION.' A PARCEL OF LAND LOCATED IN LOT 4 OF HICKMAN WEST INDUSTRIAL PARK PLAT 8,AS RECORDED IH BOOK 731, PAGE 437 OF THE DALLAS COUNTY RECORDER'8 OFFICE. DALIAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS; TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE SE ALICES ROAD IMPROVEMENTS PARCEL 20 FND BRASS PLUG NINCORNER CITY OF WAUKEE 4 59 IM Horst MotluM6Nrs SHOWN TQ BE GG TWILL BE GGTAQLIGNGD AFTER QQN37RucTIQNls QQMPLsTso BEGINNING AT THE SOUTHWEST CDRNER OF SAID LOT 4; THENCE NORTH 00'13'41"EAST,205.18 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD;THENCE NORTH A DISTANCE OF 39.34 FEET ALONG 7HE ARC OF A TANGENT CURVE CONCAVE EAST WITH A CENTRAL ANGLE OF 90'09'41L ALONG A 25.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 45'18'31"EAST,35 41 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SE WESTBROOK DRIVE; THENCE SOUTH 89'36'39"EAST,239.83 FEET ALONG SAID SOUTH RIGHTJ)F-WAY LINE;THENCE SOIJIH 00'23'21' WEST,88.0D FEET;THENCE NORTH 89'38'39"WEST,50.00 FEET;THENCE NORTH DO'23'21"EAST,60.00 FEET;THENCE NORTH 89'36'39"WEST,70,29 FEET,THENCE SOUTH 00'23' 21'WEST,45 00 FEET;THENCE NORTH 89'36'39"WEST, 35.00 FEET;THENCE NORTH Do'23'21"EAST.45.00 FEET; THENCE NORTH 89'36'39'WEST,25.00 FEET;THENCE SOUTH 00'23'21"WEST,42.00 FEET,THENCE NORTH 89'36' 39'WEST,41.47 FEET;THENCE SOUTH 00'13'41"WEST, 31.61 FEET;THENCE NORTH 89'46'19"WEST.35.00 FEET; 7HENCE SOUTH 00'13'41"WEST,133A3 FEET;THENCE SOUTH 89'46'19'EAST,4000 FEET;THENCE SOUTH 00'13' 41'WEST.15.18 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NOR7H 89'38'55"WEST,48.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 13,265 SQUARE FEET OR 0.30 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)IA SPCS SOUTH ZONE,US SURVEY FOOT, O G, IM (NS O Iu /Q (5 Q ls I FND I /2"IR YCAP83321 SE WESTBROOK DRIVE 70' S SIP 36 S9'E 239.83' SOIP23'21"W 4200 8 00 13'41"W 31.61 N 89'48'19 W 350D LOT 4 S BIN 48'19"E 40.0O SOD'13'41'W 1518' LEGEND .'tOql' yC BO ~SO 9@4.eu LC4+eLLBR Le et~eV" LOT 5 N89'38'55'W 48,00 POB FND lfZ'IR NE CORNER LOT 5 A 0 (M) (R) LR. I.P. FOUND SECTION CORNER MONUMENT GSVGSQVIQN CORNER MQNUMSMV POUND ut'PIPE W/YGLLQW QAP 914I75 Iuulsss NQ76QI Gsr 5/9'A G ROD wl PINK QAP429447 IU NL GAG N ovsD) MEASURED DIMENSION RSCQRDSD DIMENSION IRON RQ 0 IRON PIPE SECTION LINE RIGHT.Q F.WAV LINE GXI67INQ LDT LINE PRQPGRIV LINE 7EMPQRARY GQNsvRQQTIQN EASEMENT FNOCUTX El/4 CORNER /SEC.35.79-26 FIELD SURVEY COMPLETED:JANUARY 2017 LINE VASLG LINE LENGTH SEAR/NG LI L2 L3 L4 66.0Q'500'23'29"W 5D.QO «41'36 34"9 Go.tlo'PQQ'23'2 I "5 70.2'I'tts'I 36'3'I "8 L5 L6 L7 L8 LINE TABLE 45.0tt'Gott'23'2l "4 35.00'N8'I'36'3'I"8 45.00'NQQ'23'21 "5 25 00'N8'I'36'3'7'8 4 l.47'N69'35'3'I"8 GQQVE IAGLs CURvE LGNGTtt AAQ/us DND,LGNGrH CHQ BEARING DELTA 744 Gl 3 l.34'25.QQ'35.41'N45 IS'3l "6 to'0 I'41"25.07' SURVEY FOR: CITY OF WAUKEE 230 HIGHWAY 6 WAUKEE,IA 50263 TELJ (515)987-4363 FOTHPROJECTNO.16W021-01 DATE:7/25/2017 +Foth Potn Isfrsttrscn a E Wr MMts LLOlll919~Q W AMP L J 9,IAfttf 4ltl Pl ttttvt-latv 'ttWtt 4 9 SHEET I OF 1