HomeMy WebLinkAbout2017-01-16-J01M Purchase Agreement and Temp Construction Easement_Wms Pointe Commercial I.
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: January 16, 2017
AGENDA ITEM: Consideration of approval of a Purchase Agreement and Temporary
Construction Easement related to the Alice’s Road Corridor Improvements,
Phase 4 [Williams Pointe Commercial I, LLC]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: This easement is required for the construction of the
Alices Road Phase 4 project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The purchase agreement, easements and resolution will be
provided Monday.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Easement
PREPARED BY: Beth Richardson
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-
APPROVING PURCHASE AGREEMENT, PUBLIC UTILITY EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT RELATED TO ALICE’S ROAD
CORRIDOR IMPROVEMENTS, PHASE 4 [WILLIAMS POINTE COMMERCIAL I,
LC]
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, it has been determined that the purchase of certain property for rights-of-way is
necessary for the purpose of construction of the Alice’s Road Corridor Improvement Project,
Phase 4 (the “Project”); AND,
WHEREAS, it has also been determined that a Public Utility Easement and Temporary
Construction Easement are necessary for the purpose of construction of the Project; AND,
WHEREAS, said purchase agreement and easements shall be located on a portion of the
property owned by Williams Pointe Commercial I, LC, and legally described as referenced in
Exhibit A, which is attached hereto.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
16th day of January, 2017, that it hereby approves the Purchase Agreement, Public Utility
Easement and Temporary Construction Easement related to Alice’s Road Corridor Improvement
Project, Phase 4, with payment made by the City to property owner(s) Williams Pointe
Commercial I, LC, in the amount of $58,426.00.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R. Lyon
VACANT SEAT
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
Page 1 of 3
Return to and Prepared by: Ryan K. Gurwell, A & R Land Services, 1609 Golden Aspen Dr., Suite 104, Ames, IA 50010 (515) 337-1197
PURCHASE AGREEMENT
PARCEL NO. 13 COUNTY Dallas
PROJECT SE Alices Road Improvements CITY Waukee, IA
SELLER: Williams Pointe Commercial I, L.C., an Iowa limited liability company
THIS AGREEMENT (“Agreement”) made and entered into this ______ day of __________________, 2017, by and between Seller
and the CITY OF WAUKEE, IOWA, Buyer.
WHEREAS, Buyer has threatened to acquire by eminent domain, if necessary, fee title, permanent easement and temporary
construction easement (all of which are legally described herein) for the purpose of public improvement work related to the expansion
of Alice’s Road.
1a. SELLER AGREES to sell and furnish to Buyer a conveyance document, on form(s) furnished by Buyer, and Buyer agrees to
buy the following real estate, permanent easement, and a temporary construction easement, hereinafter referred to as the
premises, situated in the
County of Dallas, State of Iowa, and more particularly described on the attached acquisition plats marked collectively as “A”
including the following buildings, improvements and other property:
All land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein.
1b. Said Temporary Construction Easement shall terminate upon completion of the construction of this project and acceptance of
the project by the City Council or 24 months, whichever occurs first. SELLER ACKNOWLEDGES full settlement and
payment from Buyer for all claims per the terms of this Agreement and discharges Buyer from liability because of this
Agreement and the construction of this public improvement project, except that Seller reserves any claim for any damages to
the property during construction. The premises being purchased in fee also includes all estates, rights, title and interests,
including all easements.
2. Possession of the premises is the essence of this Agreement and Buyer may enter and assume full use and enjoyment of the
premises per the terms of this Agreement. SELLER GRANTS Buyer the immediate right to enter the premises for the
purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvement
or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice
of Seller's intention to do so by calling Buyer collect.
3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and surrender physical possession
of the premises as shown on or before the dates listed below.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE/CLOSING
$ on conveyance of title
$ on surrender of possession
$ 53,632.00 on possession and conveyance 60 days after Buyer approval
$ 53,632.00 TOTAL LUMP SUM
Breakdown Ac./Sq.Ft.
Land by Fee Title 3,859 sq. ft. Fence: rods woven
Underlying Fee Title sq. ft. Fence: rods barbed
Permanent Easement 1,162 sq. ft.
Temporary Construction Easement 10,304 sq. ft.
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
Page 2 of 3
4. SELLER WARRANTS that there are no tenants on the premises holding under lease except: None.
5. This Agreement shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens
and assessments against the premises, including all taxes and special assessments payable until surrender of possession as
required by the Code of Iowa, and agrees to warrant good and sufficient title. Names and addresses of lienholders are:
None
6. Buyer may include mortgagees, lienholders, encumbrancers and taxing authorities as payees on warrants issued in payment of
this Agreement. In addition to the Total Lump Sum, Buyer agrees to pay $150.00 for the cost of adding title documents
required by this transaction to Seller's abstract of title.
7. If Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of
this Agreement, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from
that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of Seller.
8. These premises are being acquired for public purposes under the threat of eminent domain and this transfer is exempt from
the requirements for the filing of a Declaration of Value by the Code of Iowa.
9. Buyer hereby gives notice of Seller’s five-year right to renegotiate construction or maintenance damages not apparent at the
time of the signing of this Agreement as required by the Code of Iowa, Section 6B.52.
10. This Agreement constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any
act or deed except as specifically provided for herein.
11. Seller states and warrants that, to the best of Seller’s knowledge, there is no burial site, well, solid waste disposal site,
hazardous substance, nor underground storage tank on the premises described and sought herein.
12. Buyer shall construct, at no cost to Seller, one (1) full access from Alice’s Road to Seller’s property as generally depicted in
the drawing prepared by Foth Engineering attached hereto as Exhibit “B” As part of the consideration for Seller’s
undertakings and agreements set forth herein, Seller’s property will be allowed full access at the one (1) designated location
as generally depicted in Exhibit “B” (allowing full ingress and egress to all traffic along Alice’s Road in a northerly and
southerly direction). Said access shall be a width of a minimum of thirty-seven (37) feet wide which permits a minimum of
three (3) lanes of travel upon, over and across. In the event applicable design criteria at the time Seller’s development plans
are submitted to the City of Waukee do not allow for the location of the aforementioned full access point, Seller and Buyer
will work together in good faith to coordinate one (1) full access point alternate for Seller’s property.
13. Buyer does hereby agree to waive its right to impose any type of special assessment upon Seller’s property north of
University Avenue within the City of Waukee as it relates to the subject Alice’s Road project to be completed in 2017.
14. 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.
15. All of the terms and conditions of this Agreement shall survive the closing and conveyance contemplated by this Agreement.
16. The parties agree that this Agreement, and amendments thereto, if any, shall be governed by the laws of the State of Iowa.
DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER
Page 3 of 3
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the
undersigned claimants certify the Total Lump Sum payment shown herein is just and unpaid.
WILLIAMS POINTE COMMERCIAL I, L.C.
X X
William R. Main, President
PO Box 447
Waukee, IA 50263
( Mailing Address )
(NOTARY PUBLIC: PLEASE COMPLETE LEFT AND RIGHT SIDES)
SELLER'S ALL-PURPOSE ACKNOWLEDGMENT
STATE OF IOWA }
COUNTY OF DALLAS } ss:
On this _____ day of ____________________, A.D. 20 17 , before me, the
undersigned, a Notary Public in and for said State, personally appeared
William R. Main,
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 signature(s) on the record the
person(s), or the entity upon behalf of which the person(s) acted, executed the
record.
________________________________(Sign in Ink)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER:
INDIVIDUAL
CORPORATE
Title(s) of Corporate Officer(s):
President
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s):
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s) or TRUSTEE(s)
GUARDIAN(s) or CONSERVATOR(s)
OTHER:
SIGNER IS REPRESENTING:
List name(s) of entity (ies) or person(s)
Williams Pointe Commercial I, L.C.
_ ___________________
Buyer’s Approval
Recommended by: Ryan K. Gurwell, Project Manager
(Date)
Approved by: William F. Peard, Mayor
(Date)
Buyer’s Acknowledgement
STATE OF IOWA }
COUNTY OF DALLAS } ss:
On this day of , 2017, before me, the undersigned, personally appeared William F.
Peard, known to me to be the Mayor and authorized representative of the Buyer and who did say
that the record was signed on behalf of the Buyer by its authority duly recorded in its
minutes, and said authorized representative acknowledged the execution of the record, whose
signature appears hereon, to be the voluntary act and deed of the Buyer, and by it voluntarily
executed.
Signature of Notary Public
(M)
(R)
MEASURED DIMENSION
RECORDED DIMENSION
SECTION LINE
RIGHT-OF-WAY LINE
PROPERTY LINE
PROPOSED RIGHT-OF-WAY ACQUISITION
PROPERTY OWNER:
LEGAL DESCRIPTION:
0
FEET
N
CONSTRUCTION IS COMPLETED
SET WILL BE ESTABLISHED AFTER
NOTE: MONUMENTS SHOWN TO BE
DATE:9/16/2016
SURVEY FOR:
FOTH PROJECT NO.
1 OF 1
SHEET
LEGEND
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED)
EXISTING LOT LINE
JODY A. BUDDE, L.S.
22847License Number:
My license renewal date is
Pages or sheets covered by this seal:
DATE
under the laws of the State of Iowa.
supervision and that I am a duly licensed Professional Land Surveyor
related survey work was performed by me or under my direct personal
I hereby certify that this land surveying document was prepared and the
DECEMBER 31, 2016.
I.R.IRON ROD
I.P.IRON PIPE DRAFT
FIELD SURVEY COMPLETED: JULY 2016
ACQUISITION PLAT
LOT 2
PART OF
PLAT 9
W ILLIAM S POINTE
EXHIBIT 13-F
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
OUTLOT Z
PLAT 15POINTE
W ILLIAM SLOT 3N 00º 21' 19" E 2644.18'(M) 2644.31'(R)785.44'N 00º 21' 19" E 192.98'S 00º 21' 19" W 192.99'S 89º 35' 05" E 20.00'
CURVE TABLE
RADIUSLENGTH CHD. LENGTH CHD BEARING DELTA TAN
4.14'350.00'4.14'N89°17'20"W 00°40'40"2.07'
CURVE
C1
50 100
POB
CAP#16747 (UNLESS NOTED)
FOUND 1/2" REROD W/YELLOW
SEC. 35-79-26
W1/4 CORNER
FND CUT X
S 89º 35' 05" E 60.00'
BOOK 2006, PAGE 1918
WEST DES MOINES, IA 50266
SUITE 220
6600 WESTOWN PARKWAY
WILLIAMS POINTE COMMERCIAL I, L.C.
16W021-01
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
PLAT 7
W ILLIAM S POINTE
OF LOT 2
PARCEL "AA"
SEC. 34-79-26
E1/2 SE1/4
60' EXISTING ROW50' EXISTING ROW
PARCEL 13
SE ALICES ROAD IMPROVEMENTS
RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF WAUKEE
SEC. 35-79-26
SW CORNER
FND 3/4" IP
20'
C1
N 89º 37' 39" W 15.86'
SEE DETAIL "A"
DETAIL "A"
NOT TO SCALE
STREET LOT "A"
NE CORNER
NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO
RESTRICTIONS OF RECORD.
SAID PARCEL CONTAINS 3,859 SQUARE FEET OR 0.09 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND
BEGINNING.
THENCE NORTH 00° 21' 19" EAST, 192.98 FEET ALONG SAID EAST RIGHT-OF-WAY LINE TO THE POINT OF
THENCE NORTH 89° 37' 39" WEST, 15.86 FEET TO SAID EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD;
00° 40' 40", ALONG A 350.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 89° 17' 20" WEST, 4.14 FEET;
"A" A DISTANCE OF 4.14 FEET ALONG THE ARC OF A CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF
STREET LOT "A" OF WILLIAMS POINTE PLAT 15; THENCE WEST ALONG THE NORTH LINE OF SAID STREET LOT
TO THE EAST RIGHT-OF-WAY LINE OF SE ALICES ROAD, 192.99 FEET TO THE NORTHEAST CORNER OF
ALONG THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 00° 21' 19" WEST ALONG A LINE THAT IS PARALLEL
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 89° 35' 05" EAST, 20.00 FEET
DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
OF WAUKEE, AS RECORDED IN BOOK 2006, PAGE 5703 OF THE DALLAS COUNTY RECORDER'S OFFICE,
A PARCEL OF LAND LOCATED IN PART OF LOT 2 OF WILLIAMS POINTE PLAT 9, AN OFFICIAL PLAT IN THE CITY SE ALICES ROAD
(M)
(R)
MEASURED DIMENSION
RECORDED DIMENSION
SECTION LINE
RIGHT-OF-WAY LINE
PROPERTY LINE
PROPERTY OWNER:
LEGAL DESCRIPTION:0
FEET
N
CONSTRUCTION IS COMPLETED
SET WILL BE ESTABLISHED AFTER
NOTE: MONUMENTS SHOWN TO BE
DATE:10/7/2016
SURVEY FOR:
FOTH PROJECT NO.
1 OF 1
SHEET
LEGEND
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED)
EXISTING LOT LINE
JODY A. BUDDE, L.S.
22847License Number:
My license renewal date is
Pages or sheets covered by this seal:
DATE
under the laws of the State of Iowa.
supervision and that I am a duly licensed Professional Land Surveyor
related survey work was performed by me or under my direct personal
I hereby certify that this land surveying document was prepared and the
DECEMBER 31, 2016.
I.R.IRON ROD
I.P.IRON PIPE DRAFT
FIELD SURVEY COMPLETED: JULY 2016
LOT 2
PART OF
PLAT 9
W ILLIAM S POINTE
EXHIBIT 13-P
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
OUTLOT Z
PLAT 15POINTE
W ILLIAM SLOT 3
N 00º 21' 19" E 2644.18'(M) 2644.31'(R)785.44'S 89º 35' 05" E 30.00'
50 100
CAP#16747 (UNLESS NOTED)
FOUND 1/2" REROD W/YELLOW
SEC. 35-79-26
W1/4 CORNER
FND CUT X
S 89º 35' 05" E 60.00'
BOOK 2006, PAGE 1918
WEST DES MOINES, IA 50266
SUITE 220
6600 WESTOWN PARKWAY
WILLIAMS POINTE COMMERCIAL I, L.C.
16W021-01
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
PLAT 7
W ILLIAM S POINTE
OF LOT 2
PARCEL "AA"
SEC. 34-79-26
E1/2 SE1/4
60' EXISTING ROW50' EXISTING ROW
SEC. 35-79-26
SW CORNER
FND 3/4" IP SE ALICES ROADPERMANENT EASEMENT
PERMANENT UTILITY EASEMENT
PARCEL 13
SE ALICES ROAD IMPROVEMENTS
PERMANENT UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
POC
POB
S 89º 35' 05" E 10.00'
S 00º 21' 19" W 116.14'
S 89º 41' 07" W 10.00'
N 00º 21' 19" E 116.27'
NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO
RESTRICTIONS OF RECORD.
SAID PARCEL CONTAINS 1,162 SQUARE FEET OR 0.03 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND
89° 41' 07" WEST, 10.00 FEET; THENCE NORTH 00° 21' 19" EAST, 116.27 FEET TO THE POINT OF BEGINNING.
FEET CONTINUING ALONG SAID NORTH LINE; THENCE SOUTH 00° 21' 19" WEST, 116.14 FEET; THENCE SOUTH
ALONG THE NORTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING; THENCE SOUTH 89° 35' 05" EAST, 10.00
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 89° 35' 05" EAST, 30.00 FEET
DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
OF WAUKEE, AS RECORDED IN BOOK 2006, PAGE 5703 OF THE DALLAS COUNTY RECORDER'S OFFICE,
A PARCEL OF LAND LOCATED IN PART OF LOT 2 OF WILLIAMS POINTE PLAT 9, AN OFFICIAL PLAT IN THE CITY
EXISTING 10' PUE
PROPOSED 20' ROW
EXISTING 10' PUE
(M)
(R)
MEASURED DIMENSION
RECORDED DIMENSION
SECTION LINE
RIGHT-OF-WAY LINE
PROPERTY LINE
PROPERTY OWNER:
LEGAL DESCRIPTION:
0
FEET
N
CONSTRUCTION IS COMPLETED
SET WILL BE ESTABLISHED AFTER
NOTE: MONUMENTS SHOWN TO BE
DATE:9/16/2016
SURVEY FOR:
FOTH PROJECT NO.
1 OF 1
SHEET
LEGEND
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED)
EXISTING LOT LINE
I.R.IRON ROD
I.P.IRON PIPE
FIELD SURVEY COMPLETED: JULY 2016
LOT 2
PART OF
PLAT 9
W ILLIAM S POINTE
EXHIBIT 13-T
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
OUTLOT Z
PLAT 15POINTE
W ILLIAM S
LOT 3N 00º 21' 19" E 2644.18'(M) 2644.31'(R)785.44'N 00º 21' 19" E 192.99'S 89º 35' 05" E 20.00'
CURVE TABLE
RADIUSLENGTH CHD. LENGTH CHD BEARING DELTA TAN
66.50'350.00'66.40'N84°21'35"W 10°53'13"33.35'
CURVE
C1
50 100
POB
CAP#16747 (UNLESS NOTED)
FOUND 1/2" REROD W/YELLOW
SEC. 35-79-26
W1/4 CORNER
FND CUT X
S 89º 35' 05" E 60.00'
BOOK 2006, PAGE 1918
WEST DES MOINES, IA 50266
SUITE 220
6600 WESTOWN PARKWAY
WILLIAMS POINTE COMMERCIAL I, L.C.
16W021-01
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
PLAT 7
W ILLIAM S POINTE
OF LOT 2
PARCEL "AA"
SEC. 34-79-26
E1/2 SE1/4
60' EXISTING ROW50' EXISTING ROW
SEC. 35-79-26
SW CORNER
FND 3/4" IP
STREET LOT "A"
NE CORNERSE ALICES ROADTEMPORARY EASEMENT
PARCEL 13
SE ALICES ROAD IMPROVEMENTS
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
TEMPORARY CONSTRUCTION EASEMENT 30.72'10°02'01"N83°55'59"W61.21'350.00'61.29'C2150.10'S 00º 21' 19" W1
1
7
.6
9'
S
7
7
º 2
2' 2
6
" E
C2
C1
S 00º 21' 19" W 30.00'
N 89º 48' 11" W 17.97'
S 89º 35' 05" E 30.00'
NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO
AND RESTRICTIONS OF RECORD.
SAID PARCEL CONTAINS 10,304 SQUARE FEET OR 0.24 ACRES MORE OR LESS, SUBJECT TO EASEMENTS
192.99 FEET TO THE POINT OF BEGINNING.
RADIUS WITH A CHORD THAT BEARS NORTH 83° 55' 59" WEST, 61.21 FEET; THENCE NORTH 00° 21' 19" EAST,
ARC OF A TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 10° 02' 01", ALONG A 350.00 FOOT
THAT BEARS NORTH 84° 21' 35" WEST, 66.40 FEET; THENCE WEST A DISTANCE OF 61.29 FEET ALONG THE
CONCAVE NORTH WITH A CENTRAL ANGLE OF 10° 53' 13", ALONG A 350.00 FOOT RADIUS WITH A CHORD
WEST, 17.97 FEET; THENCE WEST A DISTANCE OF 66.50 FEET ALONG THE ARC OF A TANGENT CURVE
77° 22' 26" EAST, 117.69 FEET; THENCE SOUTH 00° 21' 19" WEST, 30.00 FEET; THENCE NORTH 89° 48' 11"
FEET CONTINUING ALONG SAID NORTH LINE; THENCE SOUTH 00° 21' 19" WEST, 150.10 FEET; THENCE SOUTH
ALONG THE NORTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING; THENCE SOUTH 89° 35' 05" EAST, 30.00
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 89° 35' 05" EAST, 20.00 FEET
DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
OF WAUKEE, AS RECORDED IN BOOK 2006, PAGE 5703 OF THE DALLAS COUNTY RECORDER'S OFFICE,
A PARCEL OF LAND LOCATED IN PART OF LOT 2 OF WILLIAMS POINTE PLAT 9, AN OFFICIAL PLAT IN THE CITY
1 | Page
Return to and Prepared by: Ryan K. Gurwell, A & R Land Services, 1609 Golden Aspen Dr., Suite 104, Ames, IA 50010 (515) 337-1197
Exempt from Real Estate Transfer Tax under Iowa Code 428A.2(17).
Exempt from requiring a Declaration of Value under Iowa Code 428A.1.
PUBLIC UTILITY EASEMENT
KNOW ALL BY THESE PRESENT:
That we, the undersigned, Williams Pointe Commercial I, L.C., an Iowa limited liability
company, hereinafter referred to as “Grantor,” for Four Thousand Seven Hundred Ninety-
three and 00/100 --- ($4,793.00) --- Dollar(s), grant and convey unto the CITY OF WAUKEE,
IOWA, hereinafter referred to as “City,” a municipal corporation, in the County of Dallas, State
of Iowa, a perpetual public utility easement under, over, on, through, across, and within the
following described real estate, which includes the right to enter, reenter, construct, maintain,
repair, and replace municipal utilities, together with necessary appurtenances:
Perpetual Easement
A perpetual easement located in real estate as described and illustrated on the attachment on
Page 5, and hereinafter referred to as the “Easement Area.”
This Easement shall be subject to the following terms and conditions:
1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS
OR MATERIALS PROHIBITED. Grantor and its grantees, assigns and transferees shall
not erect any fence or other structure under, over, on, through, across or within the
Easement Area without obtaining the prior written consent of the City nor shall Grantor
cause or permit any obstruction, planting or material to be placed under, over, on,
through, across or within the Easement Area without obtaining the prior written consent
of the City. Notwithstanding anything in this paragraph 1 to the contrary, Grantor shall
have the right to construct sidewalks, private roads, driveways, roadways, or streets, as
defined in Iowa Code Chapter 321, on the Easement Area subject to prior written
approval of the City, provided such sidewalks, private roads, driveways, roadways, or
streets comply with all ordinances of the City. If improvements are built or constructed
in violation of this Easement, the City shall in no way be responsible for any damages
2 | Page
thereto resulting from the construction, maintenance or repair of the aforesaid
improvements.
2. CHANGE OF GRADE. Grantor and its grantees, assigns and transferees shall have the
right to change the grade, elevation or contour of any part of the Easement Area,
subject to Grantor and its grantees, assigns and transfers agreeing to maintain a
minimum of two (2) feet of fill dirt over the municipal utilities (the initial two (2) feet of fill
dirt to be provided by City at City’s cost), but manholes are hereby accepted at surface
level as necessary by both the Grantor and the City. The City shall have the right to
restore any changes in grade, elevation or contour made to the Easement Area that
compromises said municipal utilities.
3. 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, including but not limited to the right to remove without liability to
Grantor, any unauthorized fences, structures, obstruction, planting or material placed or
erected under, over, on, through, across or within the Easement Area.
4. MAINTENANCE. The City shall not be responsible for any maintenance of the land
located within the Easement Area whatsoever and that responsibility shall remain with
the Grantor; provided, however, the City may perform such maintenance should it
determine in its sole discretion such maintenance is needed.
5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City, its
successors and assigns, and its permittees and licensees.
6. EASEMENT RUNS WITH LAND. This Easement shall be deemed perpetual and to run
with the land and shall be binding on Grantor and on Grantor's successors and assigns.
7. PROPERTY TO BE RESTORED. City shall exercise due care in entering or re-
entering the Easement Area, and shall compensate the Grantor for actual damages
caused to the Easement Area or to Grantor’s remaining property. The City shall pay for
all damages to lawns, landscaping, roads, driveways, fences, and other property
caused by the construction or maintenance of said municipal utilities. Payment for all of
the above-referenced damages in this paragraph shall be paid by the City after an
assessment has been completed of the actual damaged area. Upon completion of any
construction, reconstruction, repair, enlargement or maintenance of any municipal
utilities or any appurtenance thereto, the City shall restore the Easement Area and
Temporary Easement Area in good and workmanlike manner. The land within the
Easement Area will be restored by seeding to a condition comparable to its condition
before construction. It is anticipated that seeding will be completed shortly after
substantial completion of the construction project, as weather permits, and that lawns
will return to near preconstruction condition within 3 years of construction. The Grantor
will be responsible for watering of new grass, if necessary, after seeding is complete.
8. RIGHT TO RENEGOTIATE. The Grantor will have five years from the date of
settlement or condemnation to renegotiate construction or maintenance damages not
apparent at the time of such settlement under Iowa Code Section 6B.52.
3 | Page
9. SETTLEMENT AND SATISFACTION. Contingent upon the execution of this Easement
by the parties and receipt by the Grantor of the above-mentioned consideration, Grantor
shall consent to the Easement and accept said consideration in full and complete
satisfaction of any and all obligations of the Grantor arising out of this Easement and
any resultant damage to the Grantor. The parties further specifically contemplate the
release of any and all claims, including, but not limited to, those arising under Iowa
Code Chapter 6B as amended. Notwithstanding the foregoing, City shall not be
released from its obligations under this Easement.
10. INGRESS AND EGRESS AGREEMENT. The City agrees to maintain reasonable
ingress and egress to Grantor’s remaining property at all times during construction.
Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described
in this Easement by title in fee simple; that Grantor has good and lawful authority to convey the
same; and said Grantor covenants to WARRANT AND DEFEND the said premises against the
claims of all persons whomsoever.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive
share, if any, in and to the interests conveyed by this Easement. 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.
The City shall hold Grantor harmless and indemnify Grantor from any liability incurred by
Grantor as a result of the City’s exercise of the granted rights.
4 | Page
IN WITNESS WHEREOF I have hereunto affixed my hands this
day of , 2017.
WILLIAMS POINTE COMMERCIAL I, L.C.
Mark Main, Vice-President
STATE OF IOWA :
COUNTY OF DALLAS : SS
On this day of , 2017, before me the
undersigned, a Notary Public in and for said State, personally appeared Mark Main, Vice-
President, to me known to be the identical person(s) named in and who executed the within
and foregoing record, and acknowledged that they executed the same as their voluntary act
and deed.
Signature of Notary Public
(M)
(R)
MEASURED DIMENSION
RECORDED DIMENSION
SECTION LINE
RIGHT-OF-WAY LINE
PROPERTY LINE
PROPERTY OWNER:
LEGAL DESCRIPTION:0
FEET
N
CONSTRUCTION IS COMPLETED
SET WILL BE ESTABLISHED AFTER
NOTE: MONUMENTS SHOWN TO BE
DATE:10/7/2016
SURVEY FOR:
FOTH PROJECT NO.
1 OF 1
SHEET
LEGEND
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED)
EXISTING LOT LINE
JODY A. BUDDE, L.S.
22847License Number:
My license renewal date is
Pages or sheets covered by this seal:
DATE
under the laws of the State of Iowa.
supervision and that I am a duly licensed Professional Land Surveyor
related survey work was performed by me or under my direct personal
I hereby certify that this land surveying document was prepared and the
DECEMBER 31, 2016.
I.R.IRON ROD
I.P.IRON PIPE DRAFT
FIELD SURVEY COMPLETED: JULY 2016
LOT 2
PART OF
PLAT 9
W ILLIAM S POINTE
EXHIBIT 13-P
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
OUTLOT Z
PLAT 15POINTE
W ILLIAM SLOT 3
N 00º 21' 19" E 2644.18'(M) 2644.31'(R)785.44'S 89º 35' 05" E 30.00'
50 100
CAP#16747 (UNLESS NOTED)
FOUND 1/2" REROD W/YELLOW
SEC. 35-79-26
W1/4 CORNER
FND CUT X
S 89º 35' 05" E 60.00'
BOOK 2006, PAGE 1918
WEST DES MOINES, IA 50266
SUITE 220
6600 WESTOWN PARKWAY
WILLIAMS POINTE COMMERCIAL I, L.C.
16W021-01
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
PLAT 7
W ILLIAM S POINTE
OF LOT 2
PARCEL "AA"
SEC. 34-79-26
E1/2 SE1/4
60' EXISTING ROW50' EXISTING ROW
SEC. 35-79-26
SW CORNER
FND 3/4" IP SE ALICES ROADPERMANENT EASEMENT
PERMANENT UTILITY EASEMENT
PARCEL 13
SE ALICES ROAD IMPROVEMENTS
PERMANENT UTILITY EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
POC
POB
S 89º 35' 05" E 10.00'
S 00º 21' 19" W 116.14'
S 89º 41' 07" W 10.00'
N 00º 21' 19" E 116.27'
NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO
RESTRICTIONS OF RECORD.
SAID PARCEL CONTAINS 1,162 SQUARE FEET OR 0.03 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND
89° 41' 07" WEST, 10.00 FEET; THENCE NORTH 00° 21' 19" EAST, 116.27 FEET TO THE POINT OF BEGINNING.
FEET CONTINUING ALONG SAID NORTH LINE; THENCE SOUTH 00° 21' 19" WEST, 116.14 FEET; THENCE SOUTH
ALONG THE NORTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING; THENCE SOUTH 89° 35' 05" EAST, 10.00
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 89° 35' 05" EAST, 30.00 FEET
DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
OF WAUKEE, AS RECORDED IN BOOK 2006, PAGE 5703 OF THE DALLAS COUNTY RECORDER'S OFFICE,
A PARCEL OF LAND LOCATED IN PART OF LOT 2 OF WILLIAMS POINTE PLAT 9, AN OFFICIAL PLAT IN THE CITY
EXISTING 10' PUE
PROPOSED 20' ROW
EXISTING 10' PUE
TEMPORARY CONSTRUCTION EASEMENT
Recorder’s Cover Sheet
Preparer Information: Ryan K. Gurwell, A & R Land Services
1609 Golden Aspen Dr., Suite 104, Ames, IA 50010
(515) 337-1197
Return Document To: City of Waukee, Iowa
Rebecca Schuett, City Clerk
230 Highway 6
Waukee, Iowa 50263
Grantor: Williams Pointe Commercial I, L.C., an Iowa limited liability company
Grantee: City of Waukee, Iowa
- 2 -
TEMPORARY CONSTRUCTION EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, Williams Pointe Commercial I, L.C., an Iowa limited
liability company, (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 (“Easement”) under, through and across
the following described real estate:
SEE TEMPORARY EASEMENT PLAT ATTACHED HERETO
(hereinafter referred to as the “Easement Area”)
That the above-described easement is granted unto the Grantee for the purpose of
construction and installation of the following public improvements: SE Alices Road
Improvements Project
This Easement shall terminate and be of no force and effect upon the earlier of
the completion and acceptance of said completed improvements by the Grantee or
twenty-four (24) months from the date of this Easement.
The Grantee agrees to restore the Easement Area to a condition after construction
substantially the same as prior to entry by the Grantee. 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, the agreed upon
compensation, and the reasonable restoration of their property, as set forth in this
easement aforesaid, shall be full and complete satisfaction and consideration of and for
this Easement, and Grantor expresses agreement that no other liability shall attach or be
charged or claimed against the Grantee as a result of or because of the construction of the
improvement intended, or the use of the Easement herein granted.
The Grantee will indemnify and hold harmless Grantor from any and all damages,
injuries, or losses arising out of Grantee’s use of the Easement or the work done in
connection therewith.
The Grantor does HEREBY COVENANT with the said Grantee, and successor-
in-interest, that said Grantor holds said real estate described in this Easement Area by title
in fee simple; that Grantor has good and lawful authority to sell and convey the same; and
- 3 -
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 ______________, 2017.
GRANTOR CITY OF WAUKEE
WILLIAMS POINTE COMMERCIAL I, L.C
______________________________ ____________________________
Mark Main, Vice-President William F. Peard, Mayor
Attest:
____________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of __________________, 2017, before me, the undersigned, a
Notary Public in and for said County and the State of Iowa, personally appeared Mark
Main, to me personally known, who being by me duly sworn, did say that that person is
Vice-President of the limited liability company executing the foregoing instrument; and
that the instrument was signed on behalf of the limited liability company by authority of
its members; that Mark Main 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 __________________, 2017, 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
(M)
(R)
MEASURED DIMENSION
RECORDED DIMENSION
SECTION LINE
RIGHT-OF-WAY LINE
PROPERTY LINE
PROPERTY OWNER:
LEGAL DESCRIPTION:
0
FEET
N
CONSTRUCTION IS COMPLETED
SET WILL BE ESTABLISHED AFTER
NOTE: MONUMENTS SHOWN TO BE
DATE:9/16/2016
SURVEY FOR:
FOTH PROJECT NO.
1 OF 1
SHEET
LEGEND
FOUND SECTION CORNER MONUMENT
SET SECTION CORNER MONUMENT
SET 5/8" REROD W/PINK CAP#22847 (UNLESS NOTED)
EXISTING LOT LINE
I.R.IRON ROD
I.P.IRON PIPE
FIELD SURVEY COMPLETED: JULY 2016
LOT 2
PART OF
PLAT 9
W ILLIAM S POINTE
EXHIBIT 13-T
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
OUTLOT Z
PLAT 15POINTE
W ILLIAM S
LOT 3N 00º 21' 19" E 2644.18'(M) 2644.31'(R)785.44'N 00º 21' 19" E 192.99'S 89º 35' 05" E 20.00'
CURVE TABLE
RADIUSLENGTH CHD. LENGTH CHD BEARING DELTA TAN
66.50'350.00'66.40'N84°21'35"W 10°53'13"33.35'
CURVE
C1
50 100
POB
CAP#16747 (UNLESS NOTED)
FOUND 1/2" REROD W/YELLOW
SEC. 35-79-26
W1/4 CORNER
FND CUT X
S 89º 35' 05" E 60.00'
BOOK 2006, PAGE 1918
WEST DES MOINES, IA 50266
SUITE 220
6600 WESTOWN PARKWAY
WILLIAMS POINTE COMMERCIAL I, L.C.
16W021-01
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
PLAT 7
W ILLIAM S POINTE
OF LOT 2
PARCEL "AA"
SEC. 34-79-26
E1/2 SE1/4
60' EXISTING ROW50' EXISTING ROW
SEC. 35-79-26
SW CORNER
FND 3/4" IP
STREET LOT "A"
NE CORNERSE ALICES ROADTEMPORARY EASEMENT
PARCEL 13
SE ALICES ROAD IMPROVEMENTS
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
TEMPORARY CONSTRUCTION EASEMENT 30.72'10°02'01"N83°55'59"W61.21'350.00'61.29'C2150.10'S 00º 21' 19" W1
1
7
.6
9'
S
7
7
º 2
2' 2
6
" E
C2
C1
S 00º 21' 19" W 30.00'
N 89º 48' 11" W 17.97'
S 89º 35' 05" E 30.00'
NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND DISTANCES ARE REFERENCED TO
AND RESTRICTIONS OF RECORD.
SAID PARCEL CONTAINS 10,304 SQUARE FEET OR 0.24 ACRES MORE OR LESS, SUBJECT TO EASEMENTS
192.99 FEET TO THE POINT OF BEGINNING.
RADIUS WITH A CHORD THAT BEARS NORTH 83° 55' 59" WEST, 61.21 FEET; THENCE NORTH 00° 21' 19" EAST,
ARC OF A TANGENT CURVE CONCAVE SOUTH WITH A CENTRAL ANGLE OF 10° 02' 01", ALONG A 350.00 FOOT
THAT BEARS NORTH 84° 21' 35" WEST, 66.40 FEET; THENCE WEST A DISTANCE OF 61.29 FEET ALONG THE
CONCAVE NORTH WITH A CENTRAL ANGLE OF 10° 53' 13", ALONG A 350.00 FOOT RADIUS WITH A CHORD
WEST, 17.97 FEET; THENCE WEST A DISTANCE OF 66.50 FEET ALONG THE ARC OF A TANGENT CURVE
77° 22' 26" EAST, 117.69 FEET; THENCE SOUTH 00° 21' 19" WEST, 30.00 FEET; THENCE NORTH 89° 48' 11"
FEET CONTINUING ALONG SAID NORTH LINE; THENCE SOUTH 00° 21' 19" WEST, 150.10 FEET; THENCE SOUTH
ALONG THE NORTH LINE OF SAID LOT 2 TO THE POINT OF BEGINNING; THENCE SOUTH 89° 35' 05" EAST, 30.00
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 89° 35' 05" EAST, 20.00 FEET
DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
OF WAUKEE, AS RECORDED IN BOOK 2006, PAGE 5703 OF THE DALLAS COUNTY RECORDER'S OFFICE,
A PARCEL OF LAND LOCATED IN PART OF LOT 2 OF WILLIAMS POINTE PLAT 9, AN OFFICIAL PLAT IN THE CITY