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HomeMy WebLinkAbout2021-06-21-I01P Ute Ave-Ashworth Rd Intersection_PA, WD and Easements_PiersonAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 21, 2021 AGENDA ITEM:Consideration of approval of a resolution approving Purchase Agreement, Warranty Deed and Temporary Construction Easement between Kimberly A. and Damon Pierson and the City of Waukee [Ute Avenue and Ashworth Road Intersection Improvement Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Approval of the Purchase Agreement, Warranty Deed, and Temporary Construction Easement are necessary to complete Ute Avenue and Ashworth Road Intersection Improvement Project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Purchase Agreement $ 5,875.00 Temp Construction Easement $ 1.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Purchase Agreement II. Temporary Construction Easement III. Warranty Deed PREPARED BY: Beth Richardson REVIEWED BY: Sara Kappos SKK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1P THE CITY OF WAUKEE, IOWA RESOLUTION 2021- APPROVING PURCHASE AGREEMENT, WARRANTY DEED AND EASEMENTS BETWEEN KIMBERLY A. AND DAMON PIERSON AND THE CITY OF WAUKEE UTE AVENUE AND ASHWORTH ROAD INTERSECTION IMPROVEMENT PROJECT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City has been in discussion with specific property owners regarding the conveyance of certain property interests necessary for construction of the Ute Avenue and Ashworth Road Intersection Improvement Project; AND WHEREAS, the discussions have resulted in agreements and easements that the City Staff believes are in the best interest of the City to approve. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that the Purchase Agreement, Warranty Deed and Easements between Kimberley A. and Damon Pierson and City of Waukee [Ute Avenue and Ashworth Road Intersection Improvement Project] are hereby approved. BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to effectuate the closing on behalf of the City, and that the City Clerk shall cause the originals of the Purchase Agreement, Warranty Deed and Easements to be recorded upon the properties by submitting the original to the Dallas County Recorder with the appropriate recording fees. Passed by the City Council of the City of Waukee, Iowa, and approved this the 21st day of June, 2021. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair CITY OF WAUKEE, IOW A OFFER TO PURCHASE RIGHT-OF -WAY AND/OR EASEMENTS To Seller:KIMBERLY A. AND DAMON PIERSON 32047 UTE AVE, WAUKEE, IA 50263 1. Property Description. The City of Waukee, Iowa, intends to acquire the right-of-way owned by you situated in Waukee, Iowa, and legally described on the attached Exhibit(s), and is, by this reference, made a part hereof. 2. Price. The City of Waukee agrees to pay, in cash, calculated as follows, and other good and valuable consideration: TYPE ACR_ES PRICE oA TOTAL Fee Interest 0.04 $65,000.00 100%$2,600.00 Temporary Construction Easement 0.08 $65,000.00 i so,"s $520.00 Landscaping $1,255.00 Severance Damages $1,500.00 TOTAL $5,875.00 3. Purpose of the Acquisition. Right-of-way is being acquired for tl'ie purpose of roadway grading and street right-of-way for the City of Waukee and associated infrastructure and utilities, known as the UTE AVENUE & ASHWORTH ROAD INTERSECTION PROJECT. 4. Real Estate Taxes. The acquisition of right-of-way shall not affect the liability of the Sellers for payi'nent of real estate taxes against the right-of-way, when due. 5. Special Assessments. This acquisition shall not relieve the Seller of Seller's liability for payment of any special assessments against the property, which are a lien on the real estate as of the date of acceptance of this offer. 6. Possession. Possession shall be upon receipt of funds. 7. Release of Mortgages. If requested to do so, Sellers shall obtain a release of all mortgages and liens against the described real estate on or before the closing date of this transaction. Sellers shall convey good and merchantable title to the City of Waukee. 8. Conveyance. Upon payinent of the purchase price, Sellers shall convey the right-of-way to the City of Waukee, Iowa, in accordance with the form(s) provided by the city. 9. Joinder by Seller's Spouse. Seller's spouse, if applicable, and if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive share, or in compliance with Section 561.13 of the Code of Iowa, and agrees to execute the warranty deed for this purpose only. 10. Time is of the Essence. Time is of the essence in this contract. 11. Approval of Court. If the sale of this real estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it shall be void. 12. Contract Binding on Successors-in-Interest. This contract shall apply to and bind the successors-in-interest of the Sellers, and Sellers agree to warrant good and sufficient title. Names and addresses of lienholders are: 13. Construction. Words and pmases shall be constnued as in the singular or plural number, and as masculine, feminine, or neuter gender, according to the context. 14. Execution of Offer. This Offer is executed on behalf of the City of Waukee, Iowa, and is subject to ratification and approval by the City Council upon its acceptance by Sellers. Dated at Waukee, Iowa, this 15th day of June, 2021. FOR THE CITY OF E. IOWA Brian DePrez x Snyder & Associates 4 THISOFFERISACCEPTEDonthis (S dayof v'de , 2021. KIMBERLY A. AND DAMON PIERSON By:% Approved by the City Council of the City of Waukee on the , 2021, by Resolution No. day of BY: Courtney Clarke, Mayor Attest: Rebecca D. Schuett, City Clerk !!!'-='- '- --,- a'- -'-=-"a'51.';ala:.._ '_:,- ).,V}'_;11:"._ "a'a4:'>."aaa(":: "'-'iti2t=':"'- y. . . . %',. f-a : . _,( #t II . - " -:::-:-'.,!=: ' -. 's'a' =ii'-'::Y'i'ar;"::'-, - ' 'l1,l * =, - tli ,)__ }--*' . "it-r "' --' - / k. ., . .l .,. _. 7-, . .,,'J; iii}j-7" . -, All.,..,. ,'-,a,-"'2%,, ".'-.-!?"=A':'-',-;:=.!!f.,'2.:tfirl,!,)".A.mi-\'f-6,'; - " - - ," " a_o '-I'C - f" l " 2" $ ;a'. -1. : .- ."'t X'- a4a -- - +_4-,_ :, -a,':,,,'. :Aya-M,__.t_t=a'2,.',_az,,(e ,, ____Q+,__'S(:".G_" : :E:'o;'_ ... (_ ,_;,;,,,,,.,y;fl,l,!7, a.j i- " " " H'ao ',,_ ' o:U - -' - ' " ) '-" a 7 € , -' , :-':.. -. ' - "A- ,. 'a -" - -... ' %i - : _ ;1. -1. . ,-: ' a' - - . _ .1. 1_ _ _. lll_. "i;, ii ' - -. _ ' _______________iaisg______t___ _7z.,.,p--------- --- ------- -'a','o_i____.________,.,,,_______________,,,,_______________,.,,,_____3_ ' 2 } i - -' - " - .'oi t-i"a -" "' - - - - - 4 " - 'a h - - - - - "'-'- - - 'o - - - "'"-- - - - - - " . a- "' __ - - - - a ""'a ao-- b l,"' < / "'s,-----______uy_EA!f/_ENLlE-------------',-------,t-,L.' -. /"a- '- Iz'iy % " ' I l _.t_x _____ s..... - r' .i i. I % - S----- ---- ----- ----------------4------=---------L- -------it-----i------4-----1!:4--- _ ""' " ia'i I S i z z : z i f -"41 '_'-_____"___-_,,-(Q)[_0 --"_,I'J,()-_-_ -:--: (O )r O_I - - - - - - - - - - - --_-__-=(O )F:L - -% - - - -%--_-_-%U] K 'IH l I Ah';T!l -lullUj---'--T,:of=-t-_ :,-- - --IU)i0j--,7__-__:-_-__-__-___-_-_-_-lQ_liU__l-7_z-_z z_-7-z z7__z z_--z-_-__JZl_u):_*U_!=j'z_=_==_===-T-%q-'W97(0. ____-i=________________,A_.,'-<ffl_,(-!_j\_d_S!L: m o - . ,,-,j-'- '=""'.it-":3q;,:'i4-;-( .7--1' > / /"SS - - % : - _ t %I_ '-"-I - LEGEND [III =PROPOSEDPERMANENTAQUISITION - e - =PROPERTYLINE lI = PROPOSED UTILITY EASEMENT - p-- - = EXISTING ROW LINE = PROPOSED TEMPORARY EASEMENT - It/l - = PROPOSED ROW LINE =PROPOSEDPAVEMENT --- =PROPOSEDEASEMENTLINE € =PROPOSEDSIDEWALK -a- =CONSTRUCTIONLINE PROJECT NAME: UTE AVENUE AND ASHWORTH ROAD INTERSECTION IMPROVEMENTS PARCEL 5 - PIERSON, KIMBERLY A & DAMON SCALE: 1 "=40' DATE: March 25, 2021 6SNYDER SHEET REFERENCE: AQUISITION EXHIBIT PROJECT #: 120.0783 INDEX LEGEND SURVEYOR'S NAME / RETURN TO ERIC J MILLER SNYDER & ASSOCIATES. INC 2727 SW SNYDER BOULEVARD ANKENY, 10WA 50023 515-964-2020 ERICMILLER@SNYDER-ASSOCIATES COM SERVICE PROVIDED BY SNYDER & ASSOCIATES. INC SURVEY LOCATED PT OF LOT T JACOBSEN ACRES REOUESTED BY CITY OF WAUKEE ACQUISITION PLAT ACQUISITION DESCRIPTION A PART OF LOT l JACOBSEN ACRES, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, 10WA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1. THENCE SOUTH 54"57'35" EAST ALONG THE EAST LINE OF SAID LOT l A DISTANCE OF 144 27 FEET TO THE EASTERLY CORNER OF SAID LOT 1: THENCE SOUTH 01ol2'l3" WEST CONTINUINC; ALONG SAID EAST LINE, 66.78 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1. THENCE SOUTH 83"09'30" WEST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 192 62 FEET; THENCE NORTH 28"23'47" WEST, 174 71 FEET TO THE NORTH LINE OF SAID LOT 1. THENCE NORTH 83"10'39" EAST ALONG SAID NORTH LINE, 158 74 FEET TO THE POINT OF BEGINNING AND CONTAINING 0 75 ACRES (32,541 S.F ) AND INCLUDING O.71 ACRES (30,772 S F ) OF EXISTING ROADWAY EASEMENT. PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD DATE OF SURVEY AUGUST 31, 2020 _OWNER KIMBERLY A. PIERSON tri DAMON PIERSON 32047 UTE AVE WAUKEE, IA 50263 BASIS OF BEARING THE NORTH LINE OF SAID LOT 1 IS ASSUMED TO BEAR NORTH 83ol0'39" EAST FOR THE PURPOSES OF THIS SURVEY LE(,END S_ Set Seciion Corner A a 1 2" Febtit, S ellow Cap "19515 @ 0 iUnless Otherwise Iloiedi POW PC)11 %l.-=- I hereby certify that this land surveying document was prepared and the related survey work was perToimed by me OT under my dltect personal supervision and thatI am a duly licensed Professional Land Surveyor under the laws oT the State of lowa Plttted Distance F MPeeCoOsu,dreedd BAe%inq A Distance MF Deed Distance [) Colculoied Distance C C e n ie t li n e - - - - - - - - - - - - - Section Line - - - Ip i !4 M § i J lax i IOWA ET:C J Miller. PLS Date License Number 19515 My License Renewal Date is December 31. 2022 Pages OT sheets covered by this seal Sheets 1 and 2 ol 2 r-4 -'SecJiffin Line - - -'l)l)l)IIIAI"- ' 1 4 r-4 "Seci'non Line - - - - h.--...-.+..-.: I .%P -" UTE AVENUE AND ASHWORTH ROAD INTERSECTION IMPROVEMENTS SHEET 1 0F 2 FN. 1200783 PARCEL 5 Fl n RK1314 PG: 1-30 65 jSjY 0 E R 2727 S.W. SNYDER BLVD.& A S S O C I AT E S ANKENY, 14 50023 (51 s) 964-2020 DATE 01/19/21 PM/TECH: EJM/SDB T }10i((l(.1010 110000)m 'a"'a"nw'$o"'aa'io+'0a'lF!%'0'0'a ACQUISITION PLAT ME Corner - I.IW1 4 IIWI 4 Sec 8--6-26 -11W Comer Lot 2 * i r- NE Comer La! z / Jocobsen Acr= / JOcl,h,en Acres 4 / SHWORTH ROAD V Point of BeginningV A EoEeme" FNoEunCdorln/e2r"'Roekb'or ?; :!g5o' RoOJdowCooJ'bSe" "6r:7 w/ Yellow PIOS " e- P Fe 0 ol%r o" 2000, P oge L_ _0 i Found l 2" Pebar - ("' Cap #"8o4 :f' " "' n w i ellow Plastic 5'J o - aC (N 0 - Cap Fn8Cl4 _x>" ._ (ll3E>,a0i4o;>3',',H3'4:b': N8i3bos'O""34g"'E %a";"'Sa><o"e E\-o/' 5 e - k, :. =,;Z,+ 7 << > a -' o- Ll- z ao '"' 11WCornerLoM ci_Ea"'ng '2>yJSaef} = Poodwovo"7aa""' J(lcob!EenACres a J,,"ayL-="EOSer'e'n 3 p 'r'o- :i1ne1di8io_l1'w4'a'p'i%setibcOrcoWp6y%_"'z'%_,"'\;.">// N()03h,,,q'_!l v _ p0rcel '7-"",':j _ cy7 corner cet 3 z "Q (" SBazl87S%,'igP)'w 4.(0 tria D,(Do 4creS '181.6 plot C(:..%':_ t,111 Joco5S PebOrweti I 'i elloW S By09'30" W / _8'2pO"otffi Fp"1(id51li/c2Jopall8C" @ 19262'} , 5B3oo9'32',',, :<8g85i:'PA \ () xo :"' ssxa:5"'- S ' )('NCO %_ - -S - e '; A ') 'L ';g(i 6 - , { -I)UT @ 5C qS L_C1T ,__r:sJ. Q' SILVERLEAF 'ANE 5a ; (" =1=I S Jl 1 @ i2i SCALE (FEETI UTE AVENUE AND ASHWORTH ROAD INTERSECTION IMPROVEMENTS SHEET 2 0F 2 Plt. 1200783 ' PARCEL 5 Fl n RK.1314 PG. 1-30 65 N Y D E R 2727 S.W. SNYDER BLVD.& A S S O C I AT E S ANKENY, IA 50023 (515) 964-2020 DATE 01/19/21 PMnECH EJM/SDB Prepared by and return to: Steven P. Brick, 6701 Westown Parkway, Ste 100, West Des Moines, IA 50266 (515) 274-1450 Address Tax Statement To: City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 978-7900 Warranty Deed For the consideration of one dollar () and other valuable consideration, in hand paid by City of Waukee, the receipt of which is hereby acknowledged, Damon Pierson and Kimberly A. Pierson, husband and wife, Grantors, do hereby convey unto the City of Waukee, Grantee, the following described real estate in Dallas County, Iowa: See Attached Acquisition Plat. Grantors do hereby covenant with Grantee, and successors in interest, than Grantors holdthe real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and Grantors covenant to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. 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. y: 7 /Z ,2021. By: A. Pierso STATE OF IOWA, COUNTY OF DAI,LAS: -k On 'rse f!G - , 2021, before me, the undersigned, a Notary Public in and for the Iowa, personally appeared Damon Pierson and Kimberly A. Pi usband and wife. NOT ARY PUBLIC II'KANDSFOR SAID ST ATE State of INDEX LEGEND SURVEYOR'S NAME / RETURN TO: ERIC J. MILLER SNYDER & ASSOCIATES, INC. 2727 SW SNYDER BOULEVARD ANKENY, 10WA 50023 515-964 - 2020 ERICMILLERt_SNYDER- ASSOCIATES.COM SERVICE PROVIDED BY: SNYDER & ASSOCIATES, INC. SURVEY LOCATED: PT OF LOT 1 JACOBSEN ACRES REQUESTED BY= CITY OF WAUKEE ACQUISITION PLAT ACQUISITION DESCRIPTION A PART OF LOT 1, JACOBSEN ACRES, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, 10WA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 54-o57'35" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 344.27 FEET TO THE EASTERLY CORNER OF SAID LOT 1; THENCE SOUTH 01o12'13" WEST CONTINUING ALONG SAID EAST LINE, 66.78 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 83o09'30" WEST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 192.62 FEET; THENCE NORTH 28o23'47" WEST, 374.71 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE NORTH 83o10'39" EAST ALONG SAID NORTH LINE, 158.74 FEET TO THE POINT OF BEGINNING AND CONTAINING O.75 ACRES (32,541 S.F.) AND INCLUDING O.71 ACRES (30,772 S.F.) OF EXISTING ROADWAY EASEMENT. PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. DATE OF SURVEY AUGUST 31, 2020 OWNER KIMBERLY A. PIERSON & DAMON PIERSON 32047 UTE AVE WAUKEE, IA 50263 BASIS OF BEARING THE NORTH LINE OF SAID LOT 1 IS ASSUMED TO BEAR NORTH 83o10'39" EAST FOR THE PURPOSES OF THIS SURVEY. LEGEND Found __Set Section Corner k L V2" Rebar, Yellow Cap ttl9515 @ 0 (Unless Otherwise Noted) ROW Rnil % r rs I r i i I rs + 0 A 9 ri in l Q nQ@_,,Y6SSiONALz4,,jP,p j9 (-, I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed , Professional Land Surveyor under the laws of the !S-ba'eyof"To a'Aw 06-03-2021 Plotted Distance P Measured Bearing & Distance M Recorded As R Deed Distance D Calculated Distance (, Centerline _ _ _ _ _ _ _ Section Line - - - lfl'-=, g("')ffl 19515 " IOWA " Eric J. Miller, PLS Date LicenseNumber 19515 My License Renewal Date is December 31, 2022 Pages or sheets covered by this seal: Sheets 1 and 2 of 2 V4 Section Line ' - - -W-I 1/4 V4 Section Line - - - - -I A ._ . . . :. ; + ;.. I i. .. f-l L 1.1 u IS)l l I U I I L I I I C: UTE AVENUE AND ASHWORTH ROAD INTERSECTION IMPROVEMENTS SHEET 1 0F 2 PN. 1200783 PARCEL 5 F1.D BK1314 PG: 1-30 SS N Y D E R 2727S.W.SNYDERBLVD.& A S S O C I AT E S ANKENY, IA 50023 (515) 964-2020 DATE: 01/19/21 PM/TECH: EJM/SDB ACQUISITION PLAT NE Corner NW1/4 NW1/4 N Sec. 8-76-26 S NW Corner Lot 2 r-NE Corner Lot 2Jocobsen Acres i i Jacobsen Acres ASHWORTH ROAD Point of Beginning 5o' ROOJd0wCOOybSEeOnSeAmCreenS1 NE Corner Lot 1 -,Found 1/2" Rebor o" 3 @ {(0m 'z@00, page 667 'S W/ Yellow Plosti ' o '6L _0 EB0ok 's Cap #11804 Cl) w a_i Found 1/2" Rebar ' Ao' EC)-r)l 2 w/ Yellow Plastic 3'S 'S, OoB q Cap #11804 N;3-1@1:sg"E SS _,><_>_ !'.e2"-!Og3-!""Er 3s5555'7150"PM _ 158'4'-,' }'y - o"S,'S<o2ooy_ ". e ! e<,,% 1'R51-" " o 147 ,ai 7 <i;,o>a>'.<,J,e;,i5,1,,, fII"o o5 B,Th JOCObSenACreS",_iz53"'-"ER;isS'edtmn@g4 "y}Os<,,% "- NW Corner Lot 1 S"'o Fynediiowl/2p'i%setib%rcowp/6;""t,rx_"'%\</ :,5on;#11804 a-'7 ei , 7 5 5 S W C @r n er L ot q N #, @ sszl8-/4t56/lJl9P/"W o , ' , ' PPlOo'r o' S"e6X" ,_)ocobsen Acres w/ ,elloW ,{8tl67,, m Bk 2'6' P' % Fnd '/2" Rebn?:so+ s 83o09'30" WP"'o Plost'icCOP 192.62' L_o _g iR0:\R:R'g'.'.'w 'g'o'g'RA:y C [., ;g 3 2 <6 >i A 5 7L ":ao 6 {' OUT @ ,oo ,,3S rOT z-'ff-2 ,7%sii7[81[jFLANE oo * 50"a0 #"' OLOUTT :3m 39 Y L_Jn }c S 0 100 SCALE (FEET) UTE AVENUE AND ASHWORTH ROAD INTERSECTION IMPROVEMENTS SHEET 2 0F 2 PN. 1200783 PARCEL 5 Fl r) FIK:1314 PG: 1-30 65 N '%' 0 E R 2727 S.W. SNYDER BLVD.g, A S S O C I AT E S ANKENY, 14 50023 (515) 964-2020 DATE: 01/19/21 PM/TECH: EJM/SDB )iieilBWllnllWeiqhl pllefq jARellihrary%CAOOSlandaiti%Wor}Sptn:elSlnntardglPiiuling%Penloblei%#nlt Ibl Dtlnull V l%oleilil2020%120 0783 6/3/283r TEMPORARY CONSTRUCTION EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1.Grant of Easement(s). The undersigned, Kimberly A Pierson and Damon Pierson, a married couple, (hereinafter referred to as the "Grantor"), in consideration of the sum of One Dollar ($ 1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF 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 EXHIBIT "A" ATT ACHED HERETO SEE EXHIBIT "ACQUISITION EXHIBIT" ATT ACHED 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: Roadway grading & sloping / Ute Avenue & Ashworth Road Intersection Proiect This temporary construction easement shall ten'ninate and be of no force and effect two (2) years 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 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. 1 Signed this day of , 2021. '07/, amon Pierson CITY OF WAUKEE Courtney Clarke, Mayor Attest: Rebecca D. Shuett, City Clerk ST ATE OF IOWA COUNTY OF DALLAS On this (3' day of :!'u-xse,. 2021, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared BRUCE OWEN and GINA OWEN, and that said person( ac wledged the execution of the foregoing instrument to be his/her voluntary act and d Notary Public iWr the State of' s'Ps BRIAR Dlu # IComm Numtm 7) €424'4 My Comm Expmi September 1, 2023 Iowa -2- STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this day of , 2021, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the instniment was signed and sealed on behalf of the City by authority of its City Council, as contained in Resolution No. passed by the City Council on the day of , 2021, and that Courtney Clarke and Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the City, by it and by them voluntarily executed. Notary Public in and for the State of Iowa -3 EXHIBIT A LEGAL DESCRIPTION PARCEL 5 - TEMPORARY CONSTRUCTION EASEMENT A PART OF LOT 1 , JACOBSEN ACRES, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 1: THENCE SOUTH 83ol O'39" WEST ALONG THE NORTH LINE OF SAID LOT 1 , A DISTANCE OF 158.74 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 28o23'47" EAST, 17 4.71 FEET TO THE SOUTH LINE OF SAID LOT 1 ; THENCE SOUTH 83o09'30" WEST ALONG SAID SOUTH LINE, 10.75 FEET: THENCE NORTH 28o 23' 47" WEST, 36.90 FEET: THENCE NORTH 89o 08' 51" WEST, 28.65 FEET; THENCE NORTH 09o 57' 41" WEST, 47.43 FEET; THENCE NORTH 28o 23' 47" WEST, 82.77 FEET TO SAID NORTH LINE: THENCE NORTH 83o 10' 39" EAST ALONG SAID NORTH LINE, 21.51 FEET TO THE POINT OF BEGINNING AND CONTAINING O.08 ACRES (3,518 S.F.). NOTE: THE NORTH LINE OF SAID LOT 1 IS ASSUMED TO BEAR SOUTH 83ol O'39" WEST FOR THE PURPOSES OF THIS SURVEY. PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. -4-