HomeMy WebLinkAbout2013-12-23-Resolutions 13-333_Gilcrest Jewett - Settlement AgrTHE CITY OF WAUKEE,lOW A
RESOLUTION 13-333
APPROVING SETTLEMENT AGREEMENT WITH
GILCREST/JEWETT LUMBER CO.
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee is proposing to purchase 11,190 square feet,more or less,of
land from Gilcrest/Jewett Lumber Co.in addition to the purchase of a temporary construction
easelllent;AN]),
WHEREAS,this piece ofland is an integral part of the development of the 2014 Alice's Road /
University Avenue intersection;AN]),
WHEREAS,the City of Waukee and the Gilcrest/Jewett Lumber Co.have agreed upon a
Settlement Agreement,which would include a Settlement Payment of $83,000 by the City of
Waukee to Gilcrest/Jewett Lumber Company for this land;AN]),
WHEREAS,in addition to the Settlement Payment,the Settlement Agreement,made part of this
resolution by reference and attached hereto,defines the responsibilities and duties of both
parties.
NOW THEREFORE BE IT RESOLVE])by the City of Waukee City Council in session this
23rd day of December 2013 that it hereby approves the settlement agreement between the City of
Waukee and Gilcrest/Jewett Lnmber Company in which both the City of Waukee and
Gilcrest/Jewett Lumber Company agree to the purchase of real estate by the City of Waukee
from Gilcrest/Jewett Lumber Co.for the amount of$83,000 for public right-of-way and a
temporary construction easement;all located at the NW corner of Alice's Road and SE
University Avenue.In addition,both parties agree to additional stipulations as listed in the
Settlement Agreement.
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
C.Isaiah McGee
Mike Watts
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X
11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
Book 2014 Page 466
Oocument 488 TWPI AGMHT P.g ••15
O.te It'13120l4 Time 9:13 AMRaeAmii77.1313 MTG -
peRF -
BKRF -
Child Airh!!lrt I R.ecorder-ODD -Dallsll Ccuntu IOWA ole -
11111111111111111111111111111111111
AGREElVIENT
City of Waukee,IA;Gilcrest/Jewett Lumber Company
Recorder's Cover Sheet
Preparer Information (name,address and phone number):
Steve Brick
Brick Gentry Law
6701 WestownPkwy.,Ste.100
West Des Moines,IA 50266
Phone:(515)274-1450
Bill/Return Document to (name and complete address):
Rebecca D.Schuett
City of'Waukee
230 W.Hickman Rd.
Waukee,IA 50263
Phone:(515)987-4522
Legal Description:SEE EXHIBITS
Document or Instrument Number of Previously Recorded Documen ts:
Book 2005 Page 450
Book 2014 Page 466
1 of 15
AGREEMENT
This Agreement,entered into between the City of Waukee,Iowa,a Municipal
Corporation,of the State of Iowa (hereafter "City)and Gilcrest/Jewett Lumber Company,an
Iowa corporation with its principal place of business in the City of Waukee,Dallas County,Iowa
(hereafter "Gilcrest").
Introductory Statement
-\\-WHEREAS,on the 't 0 --day of December,2013 Gilcrest is the owner of certain real
property located within the City of Waukee,Dallas County,Iowa,and (said property is legally
described in Exhibit "A"attached hereto and incorporated herein by this reference);and
WHEREAS,City has threatened to acquire by eminent domain,if necessary,in fee,
certain real property from Gilcrest for the purpose of public improvement work related to the
expansion and realignment of Alice's Road (said Property to be acquired in fee is legally
described and attached hereto as Exhibit "B");and
WHEREAS,City has threatened to acquire by eminent domain,if necessary,a temporary
easement upon property owned by Gilcrest for the purpose of constructing public improvements
related to the expansion and realigmnent of Alice's Road (legal description and drawing of the
temporary easement area is attached hereto and marked as Exhibit "C");and
WHEREAS,under the terms and conditions of the previous Settlement Agreement
between the parties dated December 20,2004,the City granted to Gilcrest the right to a full
access to that property identified in Exhibit "A"attached hereto.That agreement is recorded in
Book 2005,Page 450 of the Dallas County Recorder's Office.Said agreement was executed on
December 20,2004 and was recorded on January 11,2005.
The parties agree that the previous agreement dated December 20,2004 be deemed to be
fully satisfied,discharged in full and of no further effect.The provision for access to the
property identified in Exhibit "A"is now anticipated to be located as shown in Exhibit "D"and
further described in this Agreement (hereafter "Agreement");and
WHEREAS,the City and Gilcrest desire to execute this Agreement.
Book 2014 Page 466
2 of 15
NOW,THEREFORE,the parties agree as follows:
1.SETTLEMENT AND PAYMENT.
The parties agree to settle all claims arising out of the City's threatened
acquisition of Property and Easements owned by Gilcrest.The parties agree to a total payment
of Eighty Three Thousand Dollars ($83,000.00)(hereinafter "Settlement Payment")payable to
Gilcrest at its offices in the City of Waukee,Dallas County,Iowa,as follows:
A.Payment -Closing.The patties agree that at closing (hereafter "Closing"),
Gilcrest shall convey to the City by Special Warranty Deed all of its interest legally
described in Exhibit "B"attached hereto;there will also be executed a Temporary
Easement to City as set forth as Exhibit "C"to be executed coincidentally with Closing
which shall be no later than the 27th day of December,2013.
City shall pay Gilcrest the Settlement Payment upon delivery of the deed and
easement together with any and all documents required to complete the closing.
B.Gilcrest shall relinquish,at Closing,possession of the Property and the
Temporary Easement referred to herein.The parties agree there are no buildings or other
structures on the Property interests being conveyed,Gilcrest will cease its occnpancy of
the Property being conveyed and the property which is the subject of the Temporary
Easement under the terms of the temporary easement agreement attached as Exhibit "C".
C.Attached as Exhibit "D"is a drawing from Foth Engineering which
illustrates the conceptual modifications to Alice's Road and University Avenue.The
drawing illustrates the location of the right-in and light-out access to be constructed,by
the City,at its sole cost,to the completion of the radius returns for said access within the
Alice's Road right-of-way as a part of the present phase of the Alice's Road Construction
project (hereafter "Project").
D.City commits to Gilcrest,as part of the consideration for conveyance ofthe
property by Gilcrest to City,under the terms of this Agreement,that City shall construct,
at its sole cost,in the next subsequent phase of the Alice's Road Improvement Project
occurring adjacent to the Property,an access approach at the southern most access of
Gilcrest/Jewett Lumber Company's properly (subject to approval of Gilcrest)that the
access shall be a full access (allowing full ingress and egress to all traffic along Alice's
Road in a northerly and southerly direction.)to the completion of the radius returns of the
2
Book 2014 Page 466
3 of 15
Access within City ROW.The access width shall be a minimum of thirty-seven (37)feet
wide which permits a minimum of three (3)lanes of travel upon,over,along and across
such access.The access described within this subparagraph is generally depicted on
Exhibit D at "1.D".
E.Based upon the commitments made by City to Gilcrest (per paragraphs 1C
and I D of this Agreement)the access lights which Gilcrest had pursuant to paragraph 13
of the previous Settlement Agreement entered between City and Gilcrest on December
20,2004 and recorded in Book 2005,Page 450 of the Dallas County Recorder's Office
on January 11,2005 shall be deemed amended and substituted in its entirety by
paragraphs I C and ID herein.
F.The remaining provisions and agreements provided in the Settlement
Agreement entered between City and Gilcrest on December 20,2004 and recorded in
Book 2005,Page 450 of the Dallas Connty Recorder's Office on January 11,2005 are
considered fully completed and satisfied and shall be of no further effect.
2.ABSTRACT,CONVEYANCE,AND TITLE.
Upon execution of this Agreement,and coincidentally with the approval by
Resolution of the City Council of City,Gilcrest shall provide City (if requested)a master abstract
of title for the Property to enable City,at its sale cost,to create a new abstract of title to be
reviewed by City's legal counsel at its cost.The master abstract shall remain the property of
Gilcrest and City shall have the master abstract only for the purpose of creating a new abstract.
City may,at its cost,have a new abstract created and continued to show
marketable title in conformity with the Agreement,the Land Title Law of the State of Iowa,and
the Iowa Title Standards of the Iowa State Bar Association.Gilcrest represents to City
(coincidentally with the execution of this Agreement)that it holds title fee simple absolute.City
shall pay any and all costs for abstracting and all fees and costs,if any.
Title curative work,if any,to be performed by Gilcrest,may include matters as
discovered by an independent title examiner but Gilcrest makes no representations nor will it
create any curative work at its expense.City shall bear all necessary expenses,if any,associated
with clearing title objections and performing title curative work,including expenses associated
with preparing title curative documents and obtaining releases of liens or encumbrances,if any,
upon the Property.
3
Book 2014 Page 466
4 of 15
3.REAL ESTATE TAXES.
The parties agree that there will be no proration of real estate taxes.Gilcrest has
paid,or will pay prior to same becoming due and delinquent,any and all real estate taxes for the
Property including,but not limited to,payment of all property taxes and special assessments,if
any.
4.SPECIAL ASSESSMENTS.
The City does hereby agree to waive its light to impose any type of special
assessment upon that property identified as Exhibit "An for the present phase of the Alice's Road
and SE University Avenue Intersection Project.There is no commitment by the City to waive the
right to impose special assessments which are authorized by law based upon any subsequent
roadway improvements made by the City along the Alice's Road corridor.
Notwithstanding anything to the contrary provided herein,City and Gilcrest agrec
that Gilcrest shall,at its expense,construct a sidewalk across the frontage of undeveloped Land
as part of the approval of a Site Plan,if any.However,when,and if,Alice's Road shall be
widened,then City,at its expense shall pay for all installation and repair expenses,if any,to
existing sidewalks and at no cost to Gilcrest.
5.ENVIRONMENTAL REPRESENTA nON AND WARRANTIES.
A.Gilcrest represents to City to the best of its knowledge and belief,there are
no notices,complaints or orders of violation or non-compliance with environmental laws
which have been received by Gilcrest;there are no tenants of Gil crest;there are no
Federal,State or local environmental investigations pending or have been threatened
against Gilcrest with regard to the Property or any use thereof.
B.Gilcrest further represents that Property has not been used by it or to the
best of its knowledge by any prior owner,for the conducting of any regulated activity
other than in compliance in all material respects of environmental laws.
6.REMEDIES.
Either party may initiate such proceedings as may be necessary 01"desirable to
cure and remedy defaults or breaches,if any,including,but not limited to,proceedings in equity
to compel specific performance by either party or to obtain possession of the Property and
proceedings at law to collect damages in the event of default.
4
Book 2014 Page 466
5 of 15
In the event of default,or breach of this Agreement,by either party,the other
party may proceed immediately to cure and remedy such default or breach.In addition to such
rights either party may have herein,the other party may initiate such proceedings as may be
necessary,in its opinion,to cure and remedy such default or breach including,but not limited to,
proceedings in equity and at law to collect damages from the defaulting party.
7.INSPECTION OF PROPERTY.
City,at its expense,shall have the right to conduct any reasonable inspections of
the Property.Gilcrest grants City,its officers,agents,employees and independent contractors
the light to enter upon Property at reasonable times upon giving of written notice to Gilcrest (at
least twenty-four (24)hours)as to said inspection.City agrees to defend,indemnify and hold
harmless Gilcrest,its officers,directors,agents and employees,from any liability and expense,
including reasonable attorney fees,that may result from the City's exercise of its right to inspect
the Property.
8.TEMPORARY EASEMENT.
City and Gilcrest agree that as part of the consideration to be paid by City to
Gilcrest,City shall receive a temporary easement to permit grading,fill,back slopes,and other
necessary construction of the future right-of-way to permit City,at its cost,the construction of a
paved street,and to install all public utilities within the new right-of-way.
City and Gilcrest agree,they will execute a Temporary Easement permitting
construction by City within the area described in Exhibit "C"(Temporary Easement)
The provisions herein shall survive Closing and be binding upon City and Gilcrest
and its successors in interest and/or assigns,if any.
9.PRIOR APPROVAL.
This Agreement,including but not limited to the Exhibits attached hereto,is
subject to approval of the City Council of City and neither City,nor its representatives or agents,
shall be bound by this Agreement and attached Exhibits until a Resolution,in writing,approving
same is adopted by the City Council of City.The City Council shall approve this Agreement by
Resolution no later than the 23rd day of December,2013.
10.BINDING AGREEMENT.
This Agreement shall inure to the benefit of and be binding upon the heirs,
executors,administrators,assigns and successors in interest of the respective parties,if any.
5
Book 2014 Page 466
6 of 15
11.CONDEMNATION.
The parties acknowledge that City has threatened eminent domain procedures to
obtain Properly or a portion thereof,if necessary,thus resulting in this Agreement.The parties
have executed this Agreement with the understanding that it is in lieu of further proceedings of
condemnation.
12.TERMS.
The terms of this Agreement are fully understood and voluntarily accepted by
Gilerest and City for the purpose of making full and :final settlement of any claims of any nature,
disputed or otherwise,on account of any damages existing or potentially existing arising from
the taking of the Property,except as provided herein.
13.SURVIVE CLOSING
All of the terms and conditions of this Agreement shall survive closing.
14.JURISDICTION.
The parties agree that this Agreement and amendments hereto,if any,shall be
governed by the laws of the State of Iowa.
The parties agree that Dallas County,Iowa,shall constitute the proper jurisdiction as to
enforcement of the terms,conditions and provisions of this Agreement and amendments hereto,
if any.
GILCREST IJEWETT LUMBER
COM~Y,
By~~'-F--"-'~'J0~__
Philip Sum r Worth,its President
CITY OF WAUKEE,IOWA
By:f1I'~~~~'=f.."----
illia Peard,Mayor .
Attest:-:h---7~t,~
Tim Moerman,City Administrator
6
Book 2014 Page 466
7 of 15
ilL.REBECCAD,SCHUETIt~~Commission Number 716496
•~My Commission Expires
owl>-May 13,2014 Notary Public in and for the State ofIowa
STATE OF IOWA,COUNTY OF DALLAS SS:
On this k()rfI-day of December,2013,before me,the undersigned,a Notary Public in
and for said County and State,personally appeared Philip Sumner Worth,to me personally
known,who,being by me duly sworn,did say that he is the President of Gilcrest/Jewett
Lumber Company,Ine.;that no seal has been procured by the said corporation;that said
instrument was signed on behalf of said corporation by authority of its Board of Directors;and
that the said Philip Sumner Worth as such officer,acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation,by it and im voluntarily executed.
Notary Publi in and for the State of Iowar------..:.:.:..:..:..-.~CRAIG W.JENSEN!i 1.Commission Number 730767••My Commission Expires
ow September 30,2016
7
Book 2014 Page 466
8 of 15
LIST OF EXHIBITS RE
CITY OF WAUKEE -GILCREST/JEWETT LUMBER COMPANY
Exhibit "A"-Gilcrest Property Description
Exhibit "B"-City Fee Acquisition
Exhibit "C"-City Temporary Easement
Exhibit "0"-Foth Drawing of Alice's RoadlUniversity Ave.Intersection
8
Book 2014 Page 466
9 of 15
l3302/TXTDALFT
OWA TIlLE-Co.
83302
2
An irregular shaped parcel of land being pert of the E 1/2 of
the SE 1/4 of Section 34,Township 79 North,Range 26 West of
the 5th P.M.,Waukee,Dallas County,Iowa,lyiug North of the
North Right-af-way line of the Chicago Northwestern R~ilroad,
EXCEPT the West 3.0 acres thereof,described as follows,
B-eginning at the Southeast corner of said Section 34,thence
S89'41'53"\-1along the South line of the SE 1/4 of said Sectiou
34,115.91 feet,thence N63'13'31"\-Ialong the Northerly Right-
of-way line of said Railroad 1281.28 fee t ,thence NOODOII0311W
along the East Li.na of the ,lest 3.0 Acres of said E 1/2 of the
SE 1/4 of Section 34,lying North of said Railroad Right-of-
~.,aYJ 576~29 feat,thence N89°41153I1E,1258.66 feet to a point
on the East line of said SE l/tl,thence SOoo04'OQlIE along the
East line of sald SE 1/4,1159.51 feet to the Point of Begin-
ning,said parcel being subject to a 50.0 foot wide Public
Roadway Easement along the East sJ.de thereof,and a 60.0 foot
Wide Public Roadway Easement parallel with the South LJ.ne of
"aid SE 1/4 along the South side thereof,said parcel being
subject to and together with any and all easements of record,
said parcel contains 25.860 acres more or less,including
1.503 acres of Publio Roadway Easement
LEGAL DESCRIPTION
EXHIBIT
1 11 ..
Book 2014 Page 466
10 of 15
EXHIBIT
j 6
Prepared by Jeremy Soukup,8191 Birchwood Court.Suite L.Johnston,JA 50131 Phone:515·254-1393
ACQUISITION PLAT EXHIBIT"B"
RIGHT·OF·WAY BEING CONVEYEO TO THE CITY OF WAUKEE
SE ALiCES ROAD
PARCEL 8
PROPERTY OWNER:
GILCREST HOLDING COMPANY,t.o,soox 840,PAGE 694
1100 AUCES RD
WAUKEE,JA 50263
~~E114CORNERISEC3~·79·26
FND ~X"IN cone
LEGAL DESCRIPTION:
A PARCEL OF LAND lOCATI:D IN SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 79 NORTH RANGE 26 WEST OF THE FIFTH PRINCIPLEMERlDIAN.NOW IN AND FORMING A PARr OF lHE CiTY OF WAUKEE,
DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENGJNGATTHESOUTHEASTCORNEROFTHESOUTHEAST ~I ;.
QUARTER OF SAID SECTION 34;THENCE NORTH 00"21'18u EAST 593,03 f2:';g.
FEET,ALONG tHE E;AST LINE OFTHE SOUTHEAST QUARTER OF SAID ill I N
SECTION34,lHENCENORTHS9"36'42"WEST.50.0li FEET TO THE .Q,ll.I
POINT OF BEGINNING,THENCE SOUTH 00"21'18"WEST,1l4,48 FEET:;i I "THENC~SOUTHERL V A DISTANCE OF 180.80 FEET ALONG THE ARC OF A ~
TANGENT CURVE CONCAVE WESTERLYWITHA CENTRALANGLl::OF 19"~lli"~~
48'25",A RADIUS OF 523.00 FEET AND A CHORD THAT BEARS SOUTH 10"~I
15'31"WEST,179_90 seen THENCE SOUTH 20°09'43"WEST,92..37 fEET:II 8
THENCE SOUTH 2.]'1 00'17"WEST,~3.93 FEET;lHENCE SOUTH 200 09'43"zWEST,96,62 FE!El':TIlENGE SOUTHWESTERLY A DISTANCE Of a6,65
FEEl'ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE
NORTHWESTERLY WITH A CENTRAL ANGLE OF ee-59'47",A RADIUS Of
30.00 FEET AND A CHORD THAT BEARS SOUTH 650 09'30"WEST,34.41 b.;",-go 46'55"I
FEET;THENCE NORTH 1I9"49'24"WEST,26.93 FEET;THENCE NORTH 55"~""-li:ig.'
21'52"EAST,41.03 fEET;THENCE NORm 20"11'47~EAST,297.82 FEET;T=54 91'
THENCE NORTHERLY A DISTANCE OF 36,38 ~EET ALONG THE ARC OF A CHS';'N 7018'47"E''
TANGENT CURVE CONCAVE ~STERL Y WITH A CENTRAL ANGLE OF 13°tH""-12!l34'1
39'zr,A RADIUS OF 161.00 FEEl AND A CHORO lHAT BEARS NORTH 21°.~,
01'31"EAST.38.29 FEET;THENce NOf{lllJ::ASlERL Y A DISTANCE OF ~"'210 38'59'~'-\
52,52 FEET ALONG THE ARC Of A rANOE:NTCURVEGONCAVE R=-1J900',_~
NORTHWESTERLY WITH A CENTRAL ANGLE OF 21"3B'59",A RADIUS OF L=52.52'~I'~i---L1
.;1-39.00FEET AND A CHORD nlAT 8EARS NORTH 23"01'44"EAST,52.21 T=26.58'r--.......SO"21'18"WFEET;THENCE NORTHERLY A DISTANcE OF 129.60 FEET ALONG lHE CHB=N 23"1'44"E •"--
ARC OF A TANGENT CURVE CONCAVE WES'rERL YWiTH A CENTRAL CH"'-52,21'__________..I;;;64.46
ANGLE OF (l!la 46'55".A RA01US OF 758.50 FEET AND ACHORD THAT ~~.',j.A=19'41>'25"~!&R)BEARS NORTH 07°18'47"EAST,129,34 FEET,TO THE POINT OF I D
BEGI"NING.CONTAINNG 11.1DOSQUARE FEET OR 0.20 ACRES MORE OR to..,1 R"'-52UJD'IM R)
I~,;~I l=1BO.80'(M&RJLESS.NORTHEASTERLY 6=13"39'27"N"gq Te:.91.3~'fM&R)
RRRlWLlNE H=151,OO'10lOj CHS"'-S1o.'15'31"W
L=3B.38'•Z I CH:::17D,90'{M&R)
'C'OH'09}N",]"''"1''E r S 20"09'43"W
CH=3B,29'".92.37'(M&R)i
!I POCIl~~5~,e¥9~~
'~fNDI'P'.-.---.==:'.'~'~=-'=-=--.._.-.U,,'~.JJ._.__~~~~I~~~:TYAVE
LEG~_~.__....._...__~_..__g ~~~:g~:~i::~:g::~tl~~~70",{:>1C/!,:~._~-lin ----r---
J..('OUND8ECTlON GOm~mtMoNlJMENT L3 520"09'43"W 9652'(M&R)Ic-~
•FOUNDMONUMENT lA N a9"49'24"W 26:03'(M&R)/t:,(jloaSEf%·RERQOWIYEl.LOWCIIP#1I1S00 {UNLESS NO'IEO}~D IT/&.
IR~~,
LP.lRON?IPE C1 6=eg'50'47"{M&R)~J.k<JJ~
G.P.GASPIPE R"'30.00·fM&R)t-saes IM.R)(M)MEASUReOPIMENSION T=2.1.00'M&Rl
(R)RECOMEll DIMENSION .•N.one-s 55'09'30"W
SECTIOMLINE _CH"'34,41'(M&R)
-RlH-RIGHT-OF-WAYLINE f-::'m~;:-I,,~;Y;i'!i(ii;'-',,"~----EASEMENTLINE I I hereby c~IIKJ lhol tN.I~"d---=;;;:;'~y;n~~;;(';';;-;;;"'l"Ofed
Dod Ih~relol ..."~"'''"Y \~<II~1'IU'"erIQln1~~tl Ire 01 Ullcl'f ''''di,.dwoeWITHORANGECAPp~"';OlIol,up~,,;.iM Of.d Ihlll I am c duly ~ten<.rl IOlld SIl"ll1~',,""~r
D IOIJ 2110 Ih,f'I"""Gh9 ~IDI.or 10"'11,j /I
WYc WITHYEllOW CAP ~//.<#&~-:.../J ./2 J ~/f3
POB pOlmOFBEGWNING L~ALBERT tf:IiEI.lY 'SOUKUI>.~LS".M t
FEET U~.IIS.Mutnbl'f;Ill!lOr}
_\1,lio::snsa renuwcl 1101.i~m:CL/,lllf:1'.)1,20iJ~ge$o'"h«iOlS-~~3'e.j.!2"lhj,,-':~l...!.-_
E.UNE SE 114 34-70-26
POB
L3
I
I
I
I
j-
SURVEY FOR:
CITY OFWAUKEE
230 HIGHWAY 6
WAUKEE.IA 50263
TEL:(515)987-4363
ronr PROJECT NO.06W051-00 DATE:12117/2013
roth rnfr.tlSfnlc(ure &EUlIrranm..»t,Ltc
HWI D~thw~oll Court.Suil"t,
J~halIQ".hI,~Onl·2931
PIlOllo:~lij~-lJS3 F""51:;'25+1li42
+11_ot_.:...::...::..h _SHEET
1 OF 1
co(Sj'""OJrn
Q
.::!m""~C\l~
~O
O~"g~
WHEN RECORDED RETURN TO:RebeccA Schuett.City Clerk City of Wan keG,230 W.Hickman Rond.Waukee.IA 50263
Pl'epamf Information:Steven P.Brick.6701 Westown Padcway.SuHe.l00.West Des Moines.Iowa 50266 (515)274~14iQ
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That we,the undersigned,Gilcrest/Jewett Lumber Company,an Iowa corporation,
hereinafter referred to as "Grantor",in consideration of the sum of One Dollar ($1.00),and other
valuable consideration,in hand paid by the City of Waukee,Iowa,receipt of which is hereby
acknowledged,do hereby sell,grant and convey unto the City of Waukee,Iowa,a municipal
corporation,in the County of Dallas,State of Iowa,hereinafter referred to as "Grantee",a
temporary construction easement under,through,and aC1'OSSthe following described real estate:
See Attached Exhibit "C"("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:
CONSTRUCTION'OF ALICE'S ROAD PHASE 1
This temporary construction easement shall terminate and be of no force and effect
twelve (12)months from the date of execution by Grantor,
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 01'sodded and/or left in its natural state as shown 011 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
Book 2014 Page 466
12 of 15
liability shall attach or be charged 01'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'Grantor does hereby covenant with the said Grantee,and successor-in-interest,that
said Grantor holds said real estate by title and fee simple;has good and lawful authority to sell
and convey the same;that said premises are free and clear of all liens aud encumbrances
whatsoever,except as may be herein stated;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.
"'"'"IN WITNESS WHEREOF,we have hereunto affixed our hands this '2 0 "b...day of
-----tJ~mbM ,2013.
GILCREST/JEWETT LUMBER COMPANY
By:---If--jL~-f'--C''~'LM--,-=---~-=--.c:.-~~
Name:et Worth,President
STATEOF IOWA
COUNTY OF 2>,/4:;,.
)
)ss.
)
On this Zoi-t-day of &ce...W ,2013,before me,a Notary Public in and for said
county,personally appeared Philip Sumner Worth,to me personally known,who being by me
duly (sworn or affirmed)did say that he is the President of said corporation,that said Instrument
was signed on behalf of the said corporation by the authority of its Board of Directors;and,that
said Philip Sumner W orth,as such President,acknowledged the execution of said instrument to
be the voluntary act and deed of said corporation,by it and by him voluntarily executed.
Notary Pub ic i d for the State of Iowa
My Commission expires /;$..;1<.
iJ~,.~CRAIG W.JENSEN
g l'Commission Number 730767
••My Commission expires
ow'September 30,2016
2
Book 2014 Page 466
13 of 15
,.••ww ~
,',',,,,,
Prepared by Jeremy Soukup,B191 Birchwood Court,Sulla L,Johnston,IA 50131 Phon a:515·254·1393
TEMPORARY EASEMENT EXHIBIT"C"
TEMPORARY CONSTRUCTiON EASEMENT BEING CONVEYED TO THE CITY OF WAUI<EE
SE ALiCES ROAD
PARCELB
PROPERTY OWNER:
GILG~EST/J~WETI LUMBER COMPANY,FORMALLY
KNoWN AS,GILCREST HOLDlNG COMPANY,i.c,~
BOOK 840,PAGE 69411COAlICESRO __~_."
WAUKEE;,fAS0263 -'I E114 GORNERSEC34ft79·26LEGALDESCRIPTION:'FND"X'IN cone
A PARCEL OF LAND LOCATED IN SOUTHEASt QUARTER OF SECTiON 9.4,TOWf\lSHIP 79 I
NORTH,RAN-BE 26 WEST OF THE FIFTH PRINCIPLE MERIDIAN.NoW IN ANa FORMING A
rART OF THE CllY OF WAUKEE)DALLAS coUNTY,IOWA,MORE PART(CULARLY 9 I'<0
DESCRIBED AS FOLLOWS:....~5!';COMMENCING ATTHE soUTHEAST coRNEROFTHESOUTHE:MT QUARTER OF SAID Ul I ,,.
SECTION :34jTHENCE NORTH 00n21'te"EAST 593,03 FEET,ALONG THE EAST LINE Or ~,w
'f1-lr;:soUTHEAST QUARTER OF SAID S~CTION 3<1,THENCE NORTll OS"36'42"WEST,~
50.00 I'~ET TO THE POINT OF BE:.G1NNING.THENCE SOUTHERLY A DISTANCE OF 129.49 '<'"'",I,
FEET ALONG THE ARC OF ANON-TANGENT CURVE CONCAVE WesTERLY WITH ACENTRALANGLEOFogn40'56"A HADlUS OF 758.1i0 FJ:EY ANPAGHORD THAT BEARS '"[SOUTH 07n 16'4D"WEST,121l.34 fEET:THEMe!::SOUTHWE;BTgRLY A D]STANCEOF 52.62
FEET ALONG THE ARC Dr A TANGENT CURVE cONCAVENoRTBWESTERLYWJTH A ICENTRALANGLEOF21"aa'51l"A R.ADlUS OF 139,00 reE'r AND A CHORD THAT BEARS
SOUTH 23"01'~4"WEBI,02.21 FEET;THENCE SOUTHWESTERLY ADISTANCE OF 30.311 I
FEET ALONG 'filE ARC OF A TANGENT CURVE QONCAVI:.SOUTHE'ASTERLY WIlH ACENTRALANGLE:OF'13"39'27",A RADIUS OF 161.00 FEET AND A CHORD THAT GEARS ,souru 27"at'31R WEST.38.28 FEET;THENCE SOUTH 20·ii'47'1WESI,297.82 FEET;I
THENCE.SOUTH 65"21'62~WEST,41.03 FEET;THENCE NORTH 89"49'29"WEST,34.011
FEET;THENCE NORtH 62'48'28"WEST,BO,OIl FEET;THENoE SOUTH 89"49'27"EAST,l4
100.89 FEETLTHENC~NORTH 1£1"01'2S"EAST,Bua,03 FEET;THEN:SOUTH BO'38'42'.EASt,40.031'l':8TToTHEPOll'!T OF BEGINNING,aoNTAlNING 31,006 SQUARE rear DR
0.71 ACRES MORE OR LESS.
NORTHEASTE7RLY
RRRiWllNE
E.LINE 61;1/4 M·79·26
_____••.._._.••__..__ani ---------"'"L'
SE UNIVERSITY AVE.----------1'-
LEGEND L 1 N IIga 3B'42"W 60.QO'(M&R)
L2 N a9'49'29"W 34 ee
•fOUl'Ul5EGTlON CORNERl\!aNUMENr LJ N 62"4B'2B"W 88'06'•rcusu MONUMENT L4 S 119a38'42."E liD.Ca'
o SI:T%'RERao WNELlOWCAPI11Buca [UIILF,m>NOTED)
I.R.lROnREROD
I,P,ll;uJ}/PIPE
G.P.GA8P[PE
{M)MEMURED DIMENGlott
(R)RECORPED DIMEN610tl
_w _SECTiONLINE
-am-R/a!lT.Of'.WAYl.lNI>
•---EASEMENT LINE
WOG WITH ORANGE GAP
WYc wrm YELLOWCAP
POB POllfTOFBEG1NNltm
!I/1,1~
+FothSURVEYFOR:
CITY OF WAUKEE
230 HIGHWAY 6
WAUKEE,fA 50263
TEL:(616}987-4303 'Fon.Iu{rastnll:{ttlu 80.Envlr'mm.un!,l.LO:
£tOI B!n:h\I"'IJHloUJI,~Mo l
J'.f\n'Too,tlo.5D13t.2031
PI"'M:~16·26H3~J fax:~1(i·~&l·TlH2FOTHPROJECTNO,UBW051-(}O DATB:12/17/2.013
I
Ii',
I
I
EXHIBIT
U
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
,
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
SH10
Book 20'14
14 of 15
Page 466 -------~~~IDI
�Ii
Sli!"e €I I,e a 2--::.:...",!I,~~-<,
ar-~~'•1a~.~i~P &~~
-,~.I,\
-~H ~~.'••IP:;-\
!'1 I"~H !i '!"OJ @l
I,n~(T"\3.\
Ii :~;!~~~R'·:'8 .";;l iii '"':»
!i r:<"':;;~iij!:i
~."i
::l..,..,
El @J
ij
~
-I.
·1
.-.-~--J -,
\
'.,.1,
R"~\
\
.,
I
-+-
N
I
I i~i
I
Book 2014 Page 466
15 of 15
I.
\