HomeMy WebLinkAbout2019-05-06-J01zJJ Broderick Trust Agr_NW Sunrise DrAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 6, 2019
AGENDA ITEM:Consideration of approval of a Purchase Agreement, Warranty Deed,
Permanent Easements and Temporary Construction Easements related to the
2020 NW Sunrise Drive Improvements (Philip E. Broderick LLC, Charlotte
R. Broderick LLC, Philip E. Broderick Revocable Trust, Charlotte R.
Broderick Revocable Trust)
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Approval of these items are necessary to complete the N
10th Street and NW Sunrise Drive Improvements in 2020. These
improvements are linked to the 28E Agreement between the City and Waukee
School District. The property owner is willing to donate the ROW and
easements to the City at no cost in exchange the City has agreed to not special
assess the adjacent properties for these public improvements at the time the
property develops.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:$1.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Purchase Agreement
II. Warranty Deeds
III. Permanent Easements
II. Temporary Construction Easements
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1JJ
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING AGREEMENT, WARRANTY DEED, PERMANENT EASEMENTS AND
TEMPORARY CONSTRUCTION EASEMENTS RELATED TO THE 2020 NW
SUNRISE DRIVE IMPROVEMENTS BETWEEN PHILIP E. BRODERICK
REVOCABLE TRUST; CHARLOTTE R. BRODERICK REVOCABLE TRUST;
PHILIP E. BRODERICK, LLC; CHARLOTTE R. BRODERICK, LLC; AND THE
CITY OF WAUKEE, IOWA
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 2020 NW Sunrise Drive
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 Agreement, Warranty Deed, Permanent Easements and Temporary Construction Easements
related to the 2020 NW Sunrise Drive Improvements between Philip E. Broderick Revocable
Trust; Charlotte R. Broderick Revocable Trust; Philip E. Broderick, LLC; Charlotte R. Broderick,
LLC; and the City of Waukee, Iowa, 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 Agreement, Deeds and Permanent Easement(s) 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 6th day of
May, 2019.
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R. Lyon
Prepared by and return to: Steven P. Brick, 6701 Westown Parkway, Suite 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 ($1.00) and other valuable consideration, in hand paid by City of Waukee,
the receipt of which is hereby acknowledged, Philip E. Broderick Revocable Trust & Charlotte R. Broderick
Revocable Trust , Grantor, does hereby convey unto City of Waukee, Grantee, the following described real
estate in Dallas County, lowa:
A PARCEL OF LAND LOCATED IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 28, THENCE SOUTH 00° 18' 55" WEST,
197.29 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 76°
13' 17" WEST, 86.92 FEET; THENCE SOUTH 16° 57' 13" WEST, 35.86 FEET; THENCE NORTH
73° 02' 47" WEST, 100.00 FEET; THENCE NORTH 29° 24' 45" WEST, 138.46 FEET; THENCE
NORTH 76° 29' 08" WEST, 128.29 FEET; THENCE WEST A DISTANCE OF 46.47 FEET ALONG
THE ARC OF A TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 05° 19'
32", ALONG A 500.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 79° 08' 54" WEST,
46.46 FEET; THENCE WEST A DISTANCE OF 261.72 FEET ALONG THE ARC OF A TANGENT
CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 07° 41' 24", ALONG A 1950.00 FOOT
RADIUS WITH A CHORD THAT BEARS NORTH 85° 39' 22" WEST, 261.53 FEET; THENCE
NORTH 89° 30' 04" WEST, 217.89 FEET; THENCE WEST A DISTANCE OF 80.91 FEET ALONG
THE ARC OF A TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 09° 17'
26", ALONG A 499.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 85° 51' 13" WEST,
80.83 FEET; THENCE SOUTH 81° 12' 30" WEST, 201.02 FEET; THENCE SOUTH 83° 29' 56"
WEST, 50.12 FEET; THENCE SOUTH 40° 43' 02" WEST, 48.18 FEET; THENCE NORTH 89° 44'
35" WEST, 122.83 FEET; THENCE NORTH 10° 44' 40" WEST, 41.45 FEET; THENCE NORTH
53° 09' 59" WEST, 99.84 FEET; THENCE SOUTH 84° 24' 42" WEST, 231.72 FEET; THENCE
WEST A DISTANCE OF 53.23 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE
NORTH WITH A CENTRAL ANGLE OF 06° 05' 14", ALONG A 501.00 FOOT RADIUS WITH A
CHORD THAT BEARS SOUTH 87° 27' 19" WEST, 53.20 FEET; THENCE NORTH 89° 30' 04"
WEST, 747.13 FEET; THENCE SOUTH 45° 19' 20" WEST, 75.00 FEET; THENCE NORTH 89° 48'
43" WEST, 20.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF U AVENUE (R-22); THENCE
NORTH 00° 11' 17" EAST, 113.31 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO THE
NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89° 30' 04" EAST, 2583.52
FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 208,243 SQUARE FEET OR 4.78 ACRES MORE OR LESS.
AND MORE PARTICULARLY DESCRIBED ON THE ATTACHED ACQUISITION PLAT
IDENTIFIED AS EXHIBIT 20-F
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
REFERENCED TO NAD83 (2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
Grantors do hereby covenant with Grantee, and successors in interest, than Grantors hold the 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.
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 lowa.
Signed this day of , 2019.
Philip E. Broderick Revocable Trust
(Signature)
Charlotte R. Broderick Revocable Trust
___________________________________
(Signature)
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF lOWA )
) ss:
COUNTY OF DALLAS )
On this day of , A.D. 2019
before me, the undersigned, a Notary Public in and for
to me personally known
or
proved to me on the basis of satisfactory 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
signatures(s) on the record the person(s), or the entity(ies) upon behalf
of which the person(s) acted, executed the record.
(SEAL) (Sign in lnk)
CAPACITY CLAIMED BY SIGNER:
lNDlVlDUAL
CORPORATE
Title of Corporate Officer(s):
Corporate Seal is affixed
X No Corporate Seal procured
PARTNERSHlP: Limited
General
ATTORNEY-lN-FACT
EXECUTOR(s) or TRUSTEE(s)
GUARDlAN(s) or CONSERVATOR(s)
X OTHER: Trustee
SIGNER IS REPRESENTING:
Names of entity(ies) or person(s)
PERMANENT DRAINAGE EASEMENT
Recorder’s Cover Sheet
Preparer Information: (name, address and phone number)
Steven P. Brick
Brick Gentry P.C.
6701 Westown Parkway, Suite 100
West Des Moines, IA 50266
(515) 274-1450
Return Document To: (name and complete address)
City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Grantor: Philip E Broderick Revocable Trust &
Charlotte R. Broderick Revocable Trust
Grantee: City of Waukee, Iowa
STORM SEWER EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned, Philip E
Broderick Revocable Trust & Charlotte R. Broderick Revocable Trust, (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 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 EXHIBITS “A” AND “20-P-1” ATTACHED HERETO
(hereinafter referred to as the “Easement Area”) for the purpose of locating storm
sewer(s) and associated infrastructure (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 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:
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), 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. Change 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. Right of Access. The City shall have the right of access to the Easement Area and
have 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. 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.
6. 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.
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 ______________, 2019.
PHILIP E. BRODERICK REVOCABLE TRUST
______________________________
________________, Trustee
CHARLOTTE R. BRODERICK REVOCABLE TRUST
______________________________
________________________, Trustee
STATE OF IOWA )
) SS
COUNTY OF _________ )
On this _____ day of __________________, 2019, before me, the undersigned, a
Notary Public in and for said County and the State of Iowa, personally appeared
____________________, to me personally known, who being by me duly sworn, did say
that that person is a Trustee of the revocable trust executing the foregoing instrument; and
that the instrument was signed on behalf of the revocable trust by authority of its
Trustees; that ___________________ acknowledged the execution of the instrument to
be the voluntary act and deed of the revocable trust, by it and by him voluntarily
executed.
By:______________________________
Printed Name:_____________________
Notary Public in and for the State of Iowa
ACCEPTANCE BY CITY OF WAUKEE, IOWA
CITY OF WAUKEE, IOWA,
an Iowa municipal corporation
By:______________________________
William F. Peard,
Mayor of the City of Waukee, Iowa
By:______________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of __________________, 2019, 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.
_________________________________
Notary Public in and for the State of Iowa
EXHIBIT A
LEGAL DESCRIPTION
PARCEL “A”:
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH,
RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION
28, THENCE SOUTH 89°30'04" EAST, 835.66 FEET ALONG THE NORTH
LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00°29'56"
WEST, 60.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
89°30'04" EAST, 40.00 FEET ALONG THE PROPOSED SOUTH RIGHT-OF-
WAY LINE OF SUNRISE DRIVE; THENCE SOUTH 00°29'56" WEST, 40.00
FEET; THENCE NORTH 89°30'04" WEST, 40.00 FEET; THENCE NORTH
00°29'56" EAST, 40.00 FEET TO THE POINT OF BEGINNING. SAID
PARCEL CONTAINS 1,600 SQUARE FEET OR 0.04 ACRES MORE OR
LESS.
PARCEL "B":
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH,
RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 28, THENCE
NORTH 89°30'04" WEST, 251.71 FEET ALONG THE NORTH LINE OF
SAID SOUTHWEST QUARTER; THENCE SOUTH 00°29'56" WEST, 104.78
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 13°30'52" WEST,
40.00 FEET; THENCE NORTH 76°29'08" WEST, 40.00 FEET; THENCE
NORTH 13°30'52" EAST, 40.00 FEET TO THE PROPOSED SOUTH RIGHT-
OF-WAY LINE OF SUNRISE DRIVE; THENCE SOUTH 76°29'08" EAST,
40.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1,600 SQUARE FEET OR 0.04 ACRES MORE OR
LESS.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND
DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US
SURVEY FOOT.
TEMPORARY CONSTRUCTION EASEMENT
Recorder’s Cover Sheet
Preparer Information: (name, address and phone number)
Steven P. Brick
Brick Gentry P.C.
6701 Westown Parkway, Suite 100
West Des Moines, IA 50266
(515) 274-1450
Return Document To: (name and complete address)
City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 Highway 6
Waukee, Iowa 50263
Grantor: Philip E. Broderick Revocable Trust
Charlotte R. Broderick Revocable Trust
Grantee: City of Waukee, Iowa
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, Philip E. Broderick Revocable Trust and Charlotte R.
Broderick Revocable Trust (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 EXHIBITS “A” AND “20-T-2” 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:
Construction of NW Douglas Parkway, N 4th street, and NW Sunrise Drive adjacent to
the proposed second Waukee High School including approximately 140,000 cubic yards
of grading, 184 ft x 12ft x 9 ft reinforced concrete pedestrian underpass, 210 ft x 12ft x 10
ft reinforced concrete box culvert, 1800 lineal foot of concrete storm sewer, surface
restoration and miscellaneous associate work. The project is to be known as the 2019
CITY INFRASTRUCTURE IMPROVEMENTS ADJACENT TO WAUKEE HIGH
SCHOOL.
The General Location of the Project begins approximately 2,600 feet north of US Hwy 6
on N. 10th Street in the NW ¼ of Section 28 of Township 70N Range 26W in the City of
Waukee.
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
- 3 -
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.
Signed this ___ day of ______________, 2019.
PHILIP E. BRODERICK
REVOCABLE TRUST CITY OF WAUKEE
______________________________ ____________________________
Person and title William F. Peard, Mayor
CHARLOTTE R. BRODERICK Attest:
REVOCABLE TRUST
____________________________
____________________________ Rebecca D. Schuett, City Clerk
Person and title
STATE OF IOWA )
) SS
COUNTY OF )
On this _____ day of __________________, 20_18, before me, the undersigned, a
Notary Public in and for said County and the State of Iowa, personally appeared
____________________, to me personally known, who being by me duly sworn, did say
that that person is ______________________ of the Trust executing the foregoing
instrument; and that the instrument was signed on behalf of the Trust by authority of its
Trustees; that ___________________ acknowledged the execution of the instrument to
be the voluntary act and deed of the Trust, by it and by him voluntarily executed.
______________________________
Notary Public in and for the State of Iowa
- 4 -
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of __________________, 2019, 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.
______________________________
Notary Public in and for the State of Iowa
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTH HALF OF THE SOUTHWEST
QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 28, THENCE SOUTH 00° 18'
55" WEST, 197.29 FEET ALONG THE EAST LINE OF THE SOUTHWEST
QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 00° 18' 55" WEST,
117.72 FEET CONTINUING ALONG SAID EAST LINE; THENCE NORTH 89° 41'
05" WEST, 112.92 FEET; THENCE NORTH 73° 21' 12" WEST, 123.98 FEET;
THENCE NORTH 20° 35' 41" WEST, 122.65 FEET; THENCE NORTH 70° 50' 25"
WEST, 170.18 FEET; THENCE WEST A DISTANCE OF 254.72 FEET ALONG THE
ARC OF A NON-TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL
ANGLE OF 07° 39' 40", ALONG A 1905.00 FOOT RADIUS WITH A CHORD THAT
BEARS NORTH 85° 40' 14" WEST, 254.53 FEET; THENCE NORTH 87° 15' 38"
WEST, 255.79 FEET; THENCE SOUTH 81° 12' 30" WEST, 301.05 FEET; THENCE
SOUTH 00° 33' 52" WEST, 112.45 FEET; THENCE NORTH 89° 44' 35" WEST,
151.88 FEET; THENCE NORTH 09° 52' 25" WEST, 91.02 FEET; THENCE NORTH
44° 37' 20" WEST, 81.02 FEET; THENCE SOUTH 86° 36' 29" WEST, 294.75 FEET;
THENCE NORTH 89° 30' 04" WEST, 40.00 FEET; THENCE NORTH 85° 36' 37"
WEST, 294.75 FEET; THENCE NORTH 89° 30' 04" WEST, 354.03 FEET; THENCE
SOUTH 45° 21' 00" WEST, 80.35 FEET; THENCE SOUTH 00° 11' 17" WEST, 1162.11
FEET TO THE NORTH LINE OF LOT 6 IN WAUKEE DEVELOPMENT PLAT NO. 1
AS RECORDED IN THE DALLAS COUNTY RECORDER'S OFFICE; THENCE
NORTH 89° 29' 25" WEST, 40.00 FEET ALONG SAID NORTH LINE; THENCE
NORTH 00° 11' 17" EAST, 1221.14 FEET; THENCE NORTH 45° 21' 00" EAST, 53.81
FEET; THENCE SOUTH 89° 30' 04" EAST, 707.13 FEET; THENCE SOUTH 00° 29'
56" WEST, 40.00 FEET; THENCE SOUTH 89° 30' 04" EAST, 40.00 FEET; THENCE
NORTH 00° 29' 56" EAST, 40.00 FEET; THENCE EAST A DISTANCE OF 53.23
FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTH WITH
A CENTRAL ANGLE OF 06° 05' 14", ALONG A 501.00 FOOT RADIUS WITH A
CHORD THAT BEARS NORTH 87° 27' 19" EAST, 53.20 FEET; THENCE NORTH
84° 24' 42" EAST, 231.72 FEET; THENCE SOUTH 53° 09' 59" EAST, 99.84 FEET;
THENCE SOUTH 10° 44' 40" EAST, 41.45 FEET; THENCE SOUTH 89° 44' 35"
EAST, 122.83 FEET; THENCE NORTH 40° 43' 02" EAST, 48.18 FEET; THENCE
NORTH 83° 29' 56" EAST, 50.12 FEET; THENCE NORTH 81° 12' 30" EAST, 201.02
FEET; THENCE EAST A DISTANCE OF 80.91 FEET ALONG THE ARC OF A
TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 09° 17' 26",
ALONG A 499.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 85° 51'
13" EAST, 80.83 FEET;THENCE SOUTH 89° 30' 04" EAST, 217.89 FEET;
- 6 -
THENCE EAST A DISTANCE OF 261.72 FEET ALONG THE ARC OF A TANGENT
CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 07° 41' 24", ALONG A
1950.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 85° 39' 22" EAST,
261.53 FEET; THENCE EAST A DISTANCE OF 46.47 FEET ALONG THE ARC OF
A TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 05° 19'
32", ALONG A 500.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 79°
08' 54" EAST, 46.46 FEET; THENCE SOUTH 76° 29' 08" EAST, 88.29 FEET;
THENCE SOUTH 13° 30' 52" WEST, 40.00 FEET; THENCE SOUTH 76° 29' 08"
EAST, 40.00 FEET; THENCE NORTH 13° 30' 52" EAST, 40.00 FEET; THENCE
SOUTH 29° 24' 45" EAST, 138.46 FEET; THENCE SOUTH 73° 02' 47" EAST, 100.00
FEET; THENCE NORTH 16° 57' 13" EAST, 35.86 FEET; THENCE NORTH 76° 13'
17" EAST, 86.92 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 189,850 SQUARE FEET OR 4.36 ACRES MORE OR
LESS.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES
ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
SHEET NO.
OF
DRAWN BY:
APPROVED BY:
DATE:
SCALE:
1
1
(M)
(R)
MEASURED DIMENSION
RECORDED DIMENSION
SECTION LINE
RIGHT-OF-WAY LINE
PROPERTY LINE
LEGEND
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED)
I.R.IRON ROD
I.P.IRON PIPE
FOTH PROJECT NO. 15W038-01
KRW
JAB5
1" = 80'
1/3/2019
SURVEY FOR:
0
FEET
N
CURVE TABLE
RADIUSLENGTHCURVE CHD. LENGTH CHD BEARING DELTA TAN
1905.00'N85°40'14"W 07°39'40"
N87°27'19"E 06°05'14"
C1
C2
254.72'254.53'
501.00'26.64'
LEGAL DESCRIPTION PARCEL "A":
150 300
TEMPORARY CONSTRUCTION EASEMENT
TEMPORARY EASEMENT
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
C1
C2 C3 C4
C5
1950.00'S85°39'22"E 07°41'24"
S79°08'54"E 05°19'32"
C4
C5
261.72'261.53'
500.00'23.25'
C3 499.00'N85°51'13"E 09°17'26"40.55'
POB
POC
SEC. 28-79-26
CENTER
FND STONE
DETAIL "B"
NOT TO SCALE
DETAIL "A"
NOT TO SCALE
N 89º 41' 05" W 112.92'
N 73º 21' 12" W 123.98'
N 20º 35' 41" W 122.65'
N 70º 50' 25" W 170.18'
N 89º 44' 35" W 151.88'
N 09º 52' 25" W 91.02'
N 89º 29' 25" W 40.00'
S 89º 30' 04" E 217.89'L1L2L3L4S 89º 30' 04" E 707.13'L6
L7S 89º 44' 35" E 122.83'
L8
L13
LENGTH
81.02'N44°37'20"W
40.00'N89°30'04"W
L1
L2
LINE BEARING
LINE TABLE
N85°36'37"W
S45°21'00"W
L3
L4
99.84'S53°09'59"E
41.45'S10°44'40"E
L5
L6
48.18'N40°43'02"E
50.12'N83°29'56"E
L7
L8
88.29'S76°29'08"E
S29°24'45"E
L9
L10
SEE DETAIL "A"
N 13º 30' 52" E 40.00'
S 76º 29' 08" E 40.00'
S 13º 30' 52" W 40.00'
S 00º 29' 56" W 40.00'
S 89º 30' 04" E 40.00'
N 00º 29' 56" E 40.00'L1235.86'N16°57'13"E
L11
FOUND 1" PIPE (UNLESS NOTED)
L9
L
1
1
S 73º 02' 47" E 100.00'
SEC. 28-79-26
NW 1/4 SW 1/4
SEC. 28-79-26
N E1/4 SW 1/4
127.55'
301.05'
S 81º 12' 30" W
294.75'S 00º 11' 17" W 1162.11'53.23'53.20'
231.72'N 84º 24' 42" E
201.02'
N 81º 12' 30" E
80.91'80.83'
131.06'
46.47'46.46'
138.46'
86.92'N76°13'17"E
L12
SEC. 28-79-26
NW1/4 SW1/4
NE CORNER
SEC. 28-79-26
NW 1/4 SE1/4
354.03'
N 89º 30' 04" W
80.35'
S 86º 36' 29" W 294.75'
255.79'
N 87º 15' 38" W
112.45'
S 00º 33' 52" W
117.72'
S 00º 18' 55" W
197.29'
S 00º 18' 55" W
DETAIL "B"
SEE
N 00º 11' 17" E 1221.14'SEC. 28-79-26
W1/4 CORNER
FND CUT X
L13
L5
L
1
0
PLAT NO. 1
DEVELOPM EN T
W AU KEE
LOT 6
53.81'N45°21'00"E
W/YCAP#3169
FND 1/2" IR
BOOK 801, PAGES 759-760
WEST DES MOINES, IA 50266
2925 CASCADE AVENUE, #2204
BRODERICK, CHARLOTTE R. (TRUSTEE)
CHARLOTTE R. BRODERICK REV. TRUST
LOT 2
PLAT 1
VENTU RES
BU SIN ESS
INTERSTATE
PROPERTY OWNER:
SEC. 28-79-26
SW CORNER
FND D.O.T. BRASS CAP
2638.52'(M) 2638.11'(R)
N 89º 30' 04" W
40'
NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO
SAID PARCEL CONTAINS 189,850 SQUARE FEET OR 4.36 ACRES MORE OR LESS.
NORTH 76° 13' 17" EAST, 86.92 FEET TO THE POINT OF BEGINNING.
THENCE SOUTH 73° 02' 47" EAST, 100.00 FEET; THENCE NORTH 16° 57' 13" EAST, 35.86 FEET; THENCE
40.00 FEET; THENCE NORTH 13° 30' 52" EAST, 40.00 FEET; THENCE SOUTH 29° 24' 45" EAST, 138.46 FEET;
08" EAST, 88.29 FEET; THENCE SOUTH 13° 30' 52" WEST, 40.00 FEET; THENCE SOUTH 76° 29' 08" EAST,
FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 79° 08' 54" EAST, 46.46 FEET; THENCE SOUTH 76° 29'
ARC OF A TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 05° 19' 32", ALONG A 500.00
THAT BEARS SOUTH 85° 39' 22" EAST, 261.53 FEET; THENCE EAST A DISTANCE OF 46.47 FEET ALONG THE
CONCAVE SOUTH WITH A CENTRAL ANGLE OF 07° 41' 24", ALONG A 1950.00 FOOT RADIUS WITH A CHORD
EAST, 217.89 FEET; THENCE EAST A DISTANCE OF 261.72 FEET ALONG THE ARC OF A TANGENT CURVE
RADIUS WITH A CHORD THAT BEARS NORTH 85° 51' 13" EAST, 80.83 FEET;THENCE SOUTH 89° 30' 04"
TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 09° 17' 26", ALONG A 499.00 FOOT
NORTH 81° 12' 30" EAST, 201.02 FEET; THENCE EAST A DISTANCE OF 80.91 FEET ALONG THE ARC OF A
FEET; THENCE NORTH 40° 43' 02" EAST, 48.18 FEET; THENCE NORTH 83° 29' 56" EAST, 50.12 FEET; THENCE
EAST, 99.84 FEET; THENCE SOUTH 10° 44' 40" EAST, 41.45 FEET; THENCE SOUTH 89° 44' 35" EAST, 122.83
27' 19" EAST, 53.20 FEET; THENCE NORTH 84° 24' 42" EAST, 231.72 FEET; THENCE SOUTH 53° 09' 59"
CENTRAL ANGLE OF 06° 05' 14", ALONG A 501.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 87°
EAST A DISTANCE OF 53.23 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE NORTH WITH A
FEET; THENCE SOUTH 89° 30' 04" EAST, 40.00 FEET; THENCE NORTH 00° 29' 56" EAST, 40.00 FEET; THENCE
EAST, 53.81 FEET; THENCE SOUTH 89° 30' 04" EAST, 707.13 FEET; THENCE SOUTH 00° 29' 56" WEST, 40.00
ALONG SAID NORTH LINE; THENCE NORTH 00° 11' 17" EAST, 1221.14 FEET; THENCE NORTH 45° 21' 00"
RECORDED IN THE DALLAS COUNTY RECORDER'S OFFICE; THENCE NORTH 89° 29' 25" WEST, 40.00 FEET
11' 17" WEST, 1162.11 FEET TO THE NORTH LINE OF LOT 6 IN WAUKEE DEVELOPMENT PLAT NO. 1 AS
NORTH 89° 30' 04" WEST, 354.03 FEET; THENCE SOUTH 45° 21' 00" WEST, 80.35 FEET; THENCE SOUTH 00°
THENCE NORTH 89° 30' 04" WEST, 40.00 FEET; THENCE NORTH 85° 36' 37" WEST, 294.75 FEET; THENCE
91.02 FEET; THENCE NORTH 44° 37' 20" WEST, 81.02 FEET; THENCE SOUTH 86° 36' 29" WEST, 294.75 FEET;
WEST, 112.45 FEET; THENCE NORTH 89° 44' 35" WEST, 151.88 FEET; THENCE NORTH 09° 52' 25" WEST,
87° 15' 38" WEST, 255.79 FEET; THENCE SOUTH 81° 12' 30" WEST, 301.05 FEET; THENCE SOUTH 00° 33' 52"
1905.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 85° 40' 14" WEST, 254.53 FEET; THENCE NORTH
THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 07° 39' 40", ALONG A
FEET; THENCE NORTH 70° 50' 25" WEST, 170.18 FEET; THENCE WEST A DISTANCE OF 254.72 FEET ALONG
112.92 FEET; THENCE NORTH 73° 21' 12" WEST, 123.98 FEET; THENCE NORTH 20° 35' 41" WEST, 122.65
00° 18' 55" WEST, 117.72 FEET CONTINUING ALONG SAID EAST LINE; THENCE NORTH 89° 41' 05" WEST,
ALONG THE EAST LINE OF THE SOUTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH
COMMENCING AT THE CENTER OF SAID SECTION 28, THENCE SOUTH 00° 18' 55" WEST, 197.29 FEET
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA,
A PARCEL OF LAND LOCATED IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 28,
130'
SEC. 28-79-26
S1/4 CORNER
FND D.O.T. BRASS CAP
EXHIBIT 20-T-2
PARCEL 20
NW SUNRISE DRIVE EXTENSION PROJECT
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
NW SUNRISE DRIVE EXTENSION PROJECT
Prepared by and return to: Steven P. Brick, 6701 Westown Parkway, Suite 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 ($1.00) and other valuable consideration, in hand paid by City of Waukee,
the receipt of which is hereby acknowledged, Charlotte R. Broderick, LLC & Philip E. Broderick, LLC ,
Grantor, does hereby convey unto City of Waukee, Grantee, the following described real estate in Dallas
County, lowa:
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 28, THENCE SOUTH 89° 30' 26" EAST, 11.00
FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 30° 32'
05" EAST, 95.16 FEET; THENCE SOUTH 21° 51' 42" WEST, 120.00 FEET; THENCE SOUTH 76°
13' 17" WEST, 16.22 FEET TO THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE
NORTH 00° 18' 55" EAST, 197.29 FEET ALONG SAID WEST LINE TO THE POINT OF
BEGINNING.
SAID TRACT CONTAINS 7,139 SQUARE FEET OR 0.16 ACRES MORE OR LESS.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
REFERENCED TO NAD83 (2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
AND MORE PARTICULARLY DESCRIBED ON THE ATTACHED ACQUISITION PLAT IDENTIFIED
AS EXHIBIT 21-F.
Grantors do hereby covenant with Grantee, and successors in interest, than Grantors hold the 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.
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 lowa.
Signed this day of , 2019.
Charlotte R. Broderick, LLC
(Signature)
Philip E. Broderick, LLC
(Signature)
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF lOWA )
) ss:
COUNTY OF DALLAS )
On this day of , A.D. 2019
before me, the undersigned, a Notary Public in and for
to me personally known
or
proved to me on the basis of satisfactory 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
signatures(s) on the record the person(s), or the entity(ies) upon behalf
of which the person(s) acted, executed the record.
(SEAL) (Sign in lnk)
CAPACITY CLAIMED BY SIGNER:
lNDlVlDUAL
X CORPORATE
Title of Corporate Officer(s):
Managing Member
Corporate Seal is affixed
X No Corporate Seal procured
PARTNERSHlP: Limited
General
ATTORNEY-lN-FACT
EXECUTOR(s) or TRUSTEE(s)
GUARDlAN(s) or CONSERVATOR(s)
OTHER:
SIGNER IS REPRESENTING:
Names of entity(ies) or person(s)
TEMPORARY CONSTRUCTION EASEMENT
Recorder’s Cover Sheet
Preparer Information: (name, address and phone number)
Brick Gentry P.C.
6701 Westown Parkway, Suite 100
West Des Moines, IA 50266
(515) 274-1450
Return Document To: (name and complete address)
City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 Highway 6
Waukee, Iowa 50263
Grantor: Charlotte R. Broderick, LLC
Philip E. Broderick, LLC
Grantee: City of Waukee, Iowa
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, Philip E. Broderick, LLC and Charlotte R. Broderick, LLC,
Iowa limited liability companies (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 EXHIBITS “A” AND “21-T” 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:
Construction of NW Douglas Parkway, N 4th street, and NW Sunrise Drive adjacent to
the proposed second Waukee High School including approximately 140,000 cubic yards
of grading, 184 ft x 12ft x 9 ft reinforced concrete pedestrian underpass, 210 ft x 12ft x 10
ft reinforced concrete box culvert, 1800 lineal foot of concrete storm sewer, surface
restoration and miscellaneous associate work. The project is to be known as the 2019
CITY INFRASTRUCTURE IMPROVEMENTS ADJACENT TO WAUKEE HIGH
SCHOOL.
The General Location of the Project begins approximately 2,600 feet north of US Hwy 6
on N. 10th Street in the NW ¼ of Section 28 of Township 70N Range 26W in the City of
Waukee.
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
- 3 -
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.
Signed this ___ day of ______________, 2019.
PHILIP E. BRODERICK, LLC CITY OF WAUKEE
______________________________ ____________________________
Person and title William F. Peard, Mayor
CHARLOTTE R. BRODERICK, LLC Attest:
______________________________ ___________________________
Person and title Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) SS
COUNTY OF )
On this _____ day of __________________, 2019, before me, the undersigned, a
Notary Public in and for said County and the State of Iowa, personally appeared
____________________, to me personally known, who being by me duly sworn, did say
that that person is ______________________ of the limited liability company executing
the foregoing instrument; and that the instrument was signed (and sealed) on behalf of the
limited liability company by authority of its Members; that ___________________
acknowledged the execution of the instrument to be the voluntary act and deed of the
limited liability company, by it and by him voluntarily executed.
_________________________________
Notary Public in and for the State of Iowa
- 4 -
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of __________________, 2019, 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.
______________________________
Notary Public in and for the State of Iowa
- 5 -
EXHIBIT A
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS COUNTY, IOWA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 28, THENCE SOUTH 89° 30'
26" EAST, 11.00 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 89° 30' 26" EAST,
79.00 FEET CONTINUING ALONG SAID NORTH LINE; THENCE SOUTH 00° 17'
51" WEST, 224.79 FEET; THENCE SOUTH 45° 21' 18" WEST, 127.29 FEET TO THE
WEST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 00° 18' 55"
EAST, 117.72 FEET ALONG SAID WEST LINE; THENCE NORTH 76° 13' 17" EAST,
16.22 FEET; THENCE NORTH 21° 51' 42" EAST, 120.00 FEET; THENCE NORTH
30° 32' 05" WEST, 95.16 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 17,163 SQUARE FEET OR 0.39 ACRES MORE OR LESS.
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES
ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
PROPERTY OWNER:
LEGAL DESCRIPTION:
DATE:1/3/2019
SURVEY FOR:
FOTH PROJECT NO.
(M)
(R)
MEASURED DIMENSION
RECORDED DIMENSION
SECTION LINE
RIGHT-OF-WAY LINE
PROPERTY LINE
LEGEND
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
FOUND 5/8" REROD (UNLESS NOTED)
SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED)
EXISTING LOT LINE
I.R.IRON ROD
I.P.IRON PIPE
15W038-01
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
1 OF 1
SHEET
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
0
FEET
N
100 200
BOOK 2006, PAGE 19864
DES MOINES, IA 50312
22 GLENVIEW DRIVE
PHILIP E. BRODERICK, LLC
CHARLOTTE R. BRODERICK, LLC
TEMPORARY EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
SEC. 28-79-26
S1/4 CORNER
BRASS CAP
FND IOWA D.O.T.S 00º 18' 55" W 2636.84'(M) 2636.90'(R)S 89º 30' 26" E 79.00'
S 00º 17' 51" W 224.79'
S 45º 21' 18" W 127.29'
N 76º 13' 17" E 16.22'
SEC. 28-79-26
E1/4 CORNER
FND CUT X
S 89º 30' 26" E 2632.67'(M) 2633.08'(R)
SEC. 28-79-26
N W 1/4 SE1/4
N 00º 18' 55" E 117.72'
N 21º 51' 42" E 120.00'
N 30º 32' 05" W 95.16'
SEE DETAIL "A"
NOT TO SCALE
DETAIL "A"
SEC. 28-79-26
CENTER
FND STONE
POC
11.00'
S 89º 30' 26" E
POB
SPCS SOUTH ZONE, US SURVEY FOOT.
AND DISTANCES ARE REFERENCED TO NAD83(2011) IA
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING
ACRES MORE OR LESS.
SAID TRACT CONTAINS 17,163 SQUARE FEET OR 0.39
WEST, 95.16 FEET TO THE POINT OF BEGINNING.
51' 42" EAST, 120.00 FEET; THENCE NORTH 30° 32' 05"
NORTH 76° 13' 17" EAST, 16.22 FEET; THENCE NORTH 21°
55" EAST, 117.72 FEET ALONG SAID WEST LINE; THENCE
OF SAID SOUTHEAST QUARTER; THENCE NORTH 00° 18'
SOUTH 45° 21' 18" WEST, 127.29 FEET TO THE WEST LINE
THENCE SOUTH 00° 17' 51" WEST, 224.79 FEET; THENCE
79.00 FEET CONTINUING ALONG SAID NORTH LINE;
POINT OF BEGINNING; THENCE SOUTH 89° 30' 26" EAST,
NORTH LINE OF SAID SOUTHEAST QUARTER TO THE
THENCE SOUTH 89° 30' 26" EAST, 11.00 FEET ALONG THE
COMMENCING AT THE CENTER OF SAID SECTION 28,
FOLLOWS:
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS
WEST OF THE FIFTH PRINCIPAL MERIDIAN, DALLAS
28, TOWNSHIP 79 NORTH, RANGE 26
QUARTER OF THE SOUTHEAST QUARTER OF SECTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST
EXHIBIT 21-T
PARCEL 21
NW SUNRISE DRIVE EXTENSION PROJECT
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE