HomeMy WebLinkAbout2017-01-16-J01N Purchase Agreement and Temp Construction Easement_Wms Pointe Commercial II.
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 II, 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, easement 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 AND TEMPORARY CONSTRUCTION
EASEMENT RELATED TO ALICE’S ROAD CORRIDOR IMPROVEMENTS,
PHASE 4 [WILLIAMS POINTE COMMERCIAL II, 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 Temporary Construction Easement is necessary
for the purpose of construction of the Project; AND,
WHEREAS, said purchase agreement and easement shall be located on a portion of the property
owned by Williams Pointe Commercial II, 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 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 II, LC, in the
amount of $76,281.00.
____________________________
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. 14 COUNTY Dallas
PROJECT SE Alices Road Improvements CITY Waukee, IA
SELLER: Williams Pointe Commercial II, 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 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 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
$ 76,280.00 on possession and conveyance 60 days after Buyer approval
$ 76,280.00 TOTAL LUMP SUM
Breakdown Ac./Sq.Ft.
Land by Fee Title 7,480 sq. ft. Fence: rods woven
Underlying Fee Title sq. ft. Fence: rods barbed
Permanent Easement sq. ft.
Temporary Construction Easement 8,830 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 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 II, 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. 2017 , 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 II, 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:8/10/2016
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
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE N 00º 21' 19" E 2644.18'(M) 2644.31'(R)S 00º 21' 19" W 374.00'S 89º 38' 41" E 20.00'
N 89º 35' 06" W 20.00'POB
SEC. 35-79-26
W1/4 CORNER
FND CUT X
SEC. 35-79-26
SW CORNER
FND 3/4" IP
S 89º 35' 06" E 60.00'
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
LOT 2
PART OF
PLAT 9
W ILLIAM S POINTE
EXHIBIT 14-F
CAP#16747 (UNLESS NOTED)
FOUND 1/2" REROD W/YELLOW
POC
16W021-01
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
BOOK 2006, PAGE 2034
WEST DES MOINES, IA 50266
SUITE 220
6600 WESTOWN PARKWAY
WILLIAMS POINTE COMMERCIAL II, L.C.
100 200
N 00º 21' 19" E 373.98'(M & R)PLAT 7
W ILLIAM S POINTE
OF LOT 2
PARCEL "AA"
50' EXISTING ROW 60' EXISTING ROW
80' EXISTING ROW
SEC. 34-79-26
E1/2 SE1/4
PARK PLAT 3
W ESTGATE BU SIN ESS LOT 3
785.44'PARCEL 14
SE ALICES ROAD IMPROVEMENTS
RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF WAUKEE
LOT 3
PLAT 1
AU TU M N RIDGE 192.98'307.63'(M & R)
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 7,480 SQUARE FEET OR 0.17 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND
BEGINNING.
PARCEL "AA"; THENCE NORTH 89° 35' 06" WEST, 20.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF
ALONG SAID NORTH LINE; THENCE SOUTH 00° 21' 19" WEST, 374.00 FEET TO THE SOUTH LINE OF SAID
RIGHT-OF-WAY LINE TO THE NORTH LINE OF SAID PARCEL "AA"; THENCE SOUTH 89° 38' 41" EAST, 20.00 FEET
ROAD AND TO THE POINT OF BEGINNING; THENCE NORTH 00° 21' 19" EAST, 373.98 FEET ALONG SAID EAST
SECTION 35; THENCE SOUTH 89° 35' 06" EAST, 60.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF SE ALICES
FIFTH PRINCIPAL MERIDIAN, THENCE NORTH 00° 21' 19" EAST, 785.44 FEET ALONG THE WEST LINE OF SAID
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE
OFFICE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE CITY OF WAUKEE, AS RECORDED IN BOOK 2014, PAGE 11668 OF THE DALLAS COUNTY RECORDER'S
A PARCEL OF LAND LOCATED IN PARCEL "AA" OF LOT 2 OF WILLIAMS POINTE PLAT 7, AN OFFICIAL PLAT IN
384.16'(M & R)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:8/31/2016
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
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE N 00º 21' 19" E 2644.18'(M) 2644.31'(R)S 00º 21' 19" W 329.02'S 89º 38' 41" E 50.00'
N 89º 35' 05" W 20.00'
POB
SEC. 35-79-26
W1/4 CORNER
FND CUT X
SEC. 35-79-26
SW CORNER
FND 3/4" IP
S 89º 35' 05" E 60.00'
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
LOT 2
PART OF
PLAT 9
W ILLIAM S POINTE
CAP#16747 (UNLESS NOTED)
FOUND 1/2" REROD W/YELLOW
POC
16W021-01
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
BOOK 2006, PAGE 2034
WEST DES MOINES, IA 50266
SUITE 220
6600 WESTOWN PARKWAY
WILLIAMS POINTE COMMERCIAL II, L.C.
100 200
PLAT 7
W ILLIAM S POINTE
OF LOT 2
PARCEL "AA"
50' EXISTING ROW
60' EXISTING ROW
80' EXISTING ROW
SEC. 34-79-26
E1/2 SE1/4
PARK PLAT 3
W ESTGATE BU SIN ESS LOT 3
785.44'LOT 3
PLAT 1
AU TU M N RIDGE 192.98'SE ALICES ROADTEMPORARY EASEMENT EXHIBIT 14-T
PARCEL 14
SE ALICES ROAD IMPROVEMENTS
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
TEMPORARY CONSTRUCTION EASEMENT
N 89º 38' 41" W 30.00'
S 00º 21' 19" W 45.00'
N 89º 35' 05" W 20.00'N 00º 21' 19" E 374.00'LOT 3
Z
OUTLOT
PLAT 15
W ILLIAM S POINTE
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 8,830 SQUARE FEET OR 0.20 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND
"AA"; THENCE NORTH 89° 35' 05" WEST, 20.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
41" WEST, 30.00 FEET; THENCE SOUTH 00° 21' 19" WEST, 329.02 FEET TO THE SOUTH LINE OF SAID PARCEL
50.00 FEET ALONG SAID NORTH LINE; THENCE SOUTH 00° 21' 19" WEST, 45.00 FEET; THENCE NORTH 89° 38'
21' 19" EAST, 374.00 FEET TO THE NORTH LINE OF SAID PARCEL "AA"; THENCE SOUTH 89° 38' 41" EAST,
SECTION 35; THENCE SOUTH 89° 35' 05" EAST, 80.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°
FIFTH PRINCIPAL MERIDIAN, THENCE NORTH 00° 21' 19" EAST, 785.44 FEET ALONG THE WEST LINE OF SAID
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE
OFFICE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE CITY OF WAUKEE, AS RECORDED IN BOOK 2014, PAGE 11668 OF THE DALLAS COUNTY RECORDER'S
A PARCEL OF LAND LOCATED IN PARCEL "AA" OF LOT 2 OF WILLIAMS POINTE PLAT 7, AN OFFICIAL PLAT IN
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 II, 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 II, 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 II, 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:8/31/2016
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
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE N 00º 21' 19" E 2644.18'(M) 2644.31'(R)S 00º 21' 19" W 329.02'S 89º 38' 41" E 50.00'
N 89º 35' 05" W 20.00'
POB
SEC. 35-79-26
W1/4 CORNER
FND CUT X
SEC. 35-79-26
SW CORNER
FND 3/4" IP
S 89º 35' 05" E 60.00'
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
LOT 2
PART OF
PLAT 9
W ILLIAM S POINTE
CAP#16747 (UNLESS NOTED)
FOUND 1/2" REROD W/YELLOW
POC
16W021-01
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
BOOK 2006, PAGE 2034
WEST DES MOINES, IA 50266
SUITE 220
6600 WESTOWN PARKWAY
WILLIAMS POINTE COMMERCIAL II, L.C.
100 200
PLAT 7
W ILLIAM S POINTE
OF LOT 2
PARCEL "AA"
50' EXISTING ROW
60' EXISTING ROW
80' EXISTING ROW
SEC. 34-79-26
E1/2 SE1/4
PARK PLAT 3
W ESTGATE BU SIN ESS LOT 3
785.44'LOT 3
PLAT 1
AU TU M N RIDGE 192.98'SE ALICES ROADTEMPORARY EASEMENT EXHIBIT 14-T
PARCEL 14
SE ALICES ROAD IMPROVEMENTS
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
TEMPORARY CONSTRUCTION EASEMENT
N 89º 38' 41" W 30.00'
S 00º 21' 19" W 45.00'
N 89º 35' 05" W 20.00'N 00º 21' 19" E 374.00'LOT 3
Z
OUTLOT
PLAT 15
W ILLIAM S POINTE
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 8,830 SQUARE FEET OR 0.20 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND
"AA"; THENCE NORTH 89° 35' 05" WEST, 20.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING.
41" WEST, 30.00 FEET; THENCE SOUTH 00° 21' 19" WEST, 329.02 FEET TO THE SOUTH LINE OF SAID PARCEL
50.00 FEET ALONG SAID NORTH LINE; THENCE SOUTH 00° 21' 19" WEST, 45.00 FEET; THENCE NORTH 89° 38'
21' 19" EAST, 374.00 FEET TO THE NORTH LINE OF SAID PARCEL "AA"; THENCE SOUTH 89° 38' 41" EAST,
SECTION 35; THENCE SOUTH 89° 35' 05" EAST, 80.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°
FIFTH PRINCIPAL MERIDIAN, THENCE NORTH 00° 21' 19" EAST, 785.44 FEET ALONG THE WEST LINE OF SAID
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE
OFFICE, DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE CITY OF WAUKEE, AS RECORDED IN BOOK 2014, PAGE 11668 OF THE DALLAS COUNTY RECORDER'S
A PARCEL OF LAND LOCATED IN PARCEL "AA" OF LOT 2 OF WILLIAMS POINTE PLAT 7, AN OFFICIAL PLAT IN