HomeMy WebLinkAbout2017-11-29-D01 Purchase Agreement and Easements_Continental 296 Fund LLC.
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 29, 2017
AGENDA ITEM:Consideration of approval of a resolution approving purchase agreement and
easements between Continental 296 Fund LLC and the City of Waukee for
certain Property Interests necessary for the Alice’s Road Improvements Phase
5 Project and authorizing the Mayor to sign any and all documents necessary
to effectuate closing
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: As reported by Staff Continental 296 Fund was in the
process of selling the The Springs at Prairie Crossing apartments and we were
contacted by Continental Fund that they have an agreement to sell on
November 30, 2017 and have requested approving the purchase agreement and
easements before that date.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I.
PREPARED BY: Beth Richardson
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
D1
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-____________
APPROVING A PURCHASE AGREEMENT AND EASEMENTS BETWEEN
CONTINENTAL 296 FUND LLC AND THE CITY OF WAUKEE
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 Continental 296 Fund LLC regarding the
conveyance of certain property interests necessary for the Alice’s Road Improvements Phase 5
Project in Waukee.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa, that
the purchase agreement and easements between Continental 296 Fund LLC and the City of
Waukee 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 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 29th day of
November, 2017.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R. Lyon
1
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. 44 COUNTY Dallas
PROJECT SE Alices Road Improvements Phase 5 CITY Waukee, IA
SELLER: Continental 296 Fund LLC
THIS AGREEMENT made and entered into this ______ day of __________________, 20 , by and between Seller and the CITY
OF WAUKEE, IOWA, Buyer.
1a. SELLER AGREES to sell and furnish to Buyer a conveyance document, on form(s) furnished by Buyer, and Buyer agrees to
buy the real estate described on the Acquisition Plat attached as Exhibit A hereof (the “Fee Premises”), a public facilities and
use easement attached as Exhibit B, an electric transmission line easement attached as Exhibit C, and a temporary
construction easement attached as Exhibit D hereof , hereinafter referred to as the Easement Premises, situated in parts of the
following:
See Acquisition Plats attached,
County of Dallas, State of Iowa, including the following buildings, improvements and other property:
All land, trees, shrubs, landscaping and surfacing attached to the Fee Premises sought and described herein.
1b. Said Temporary Construction Easement shall terminate upon completion of the construction of this Project (as described
above) 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 Fee Premises also includes all estates, rights,
title and interests, including all easements, and all advertising devices.
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 SHALL surrender possession of the premises upon execution of this Purchase
Agreement and the conveyance documents..
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
$ on conveyance of title
$ on surrender of possession
$ 14,500.00 on possession and conveyance 60 days after Buyer approval
$ 14,500.00 TOTAL LUMP SUM
Breakdown Ac./Sq.Ft.
Land by Fee Title 5,731 sq. ft. Fence: rods woven
Underlying Fee Title sq. ft. Fence: rods barbed
MidAmerican Energy Company
Electric Transmission Line Easement 222 sq. ft.
City of Waukee Public Facilities and
Use Easement 4,445 sq. ft.
Temporary Easement 3,500 sq. ft.
2
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 prior to execution of this
Purchase Agreement, and agrees to warrant good and sufficient title. Names and addresses of lienholders are:
University of Iowa Community Credit Union pursuant to that certain Mortgage dated June 20, 2016 and
recorded June 23, 2016 in Book 2016 at Page 10247 of the Dallas County Recorder’s Office, Dallas
County, Iowa.
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. Upon written
notice from Seller, Buyer shall pay all proceeds pursuant to this Purchase Agreement to Seller’s designee.
8. 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 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 written 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.
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.
CONTINENTAL 296 FUND LLC
X
SIGNATURE
PRINTED NAME
TITLE
c/o Caitlin LaJoie, W134 N8675 Executive
Pkwy.
Menomonee Falls, WI 53051
( Mailing Address )
(NOTARY PUBLIC: PLEASE COMPLETE LEFT AND RIGHT SIDES)
SELLER'S ALL-PURPOSE ACKNOWLEDGMENT
STATE OF: }
COUNTY OF: } ss:
On this _____ day of ____________________, A.D. 20 , before me, the
undersigned, a Notary Public in and for said State, personally appeared
,
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):
____________________
____________________
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)
Continental 296 Fund LLC
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 , 20 , 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
0
FEET
N
CONSTRUCTION IS COMPLETED
SET WILL BE ESTABLISHED AFTER
NOTE: MONUMENTS SHOWN TO BE
DATE:6/30/2017
SURVEY FOR:
FOTH PROJECT NO.
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
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
16W021-01
LEGAL DESCRIPTION:
PROPERTY OWNER:
SEC. 27-79-26
SE1/4 SE1/4
NE CORNER
FND CUT X
EXHIBIT 44-T
1 OF 1
SHEET
FIELD SURVEY COMPLETED: JANUARY 2017
TEMPORARY EASEMENT
PARCEL 44
SE ALICES ROAD IMPROVEMENTS
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
TEMPORARY CONSTRUCTION EASEMENT
BOOK 2014, PAGE 4111
MENOMONEE FALLS, WI 53051
N134 W8675 EXECUTIVE PARKWAY
C/O CONTINENTAL PROPERTIES COMPANY
CONTINENTAL 296 FUND LLC
50 100
LOT 1
ROAD PLAT 4
AT ALICE'S
TH E CROSSIN G NE ALICES ROAD637.33'(M) 637.30'(R)
PLAT 1
PRAIRIE CROSSING
LOT 1
NE HORIZON DRIVE
60'
100' EXISTING ROW
1317.05'(M) 1317.24'(R)N 00º 31' 39" EFOUND 5/8" REROD W/YELLOW CAP#7844 (UNLESS NOTED)
SEC. 27-79-26
SE CORNER
FND BRASS PLUG
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
ALICE'S ROAD PLAT 4
THE CROSSING AT
LOT 1
NW CORNER
POC
POB
S 89º 55' 09" W 30.00'S 00º 31' 39" W 303.89'S 44º 35' 52" E 35.28'
96.79'
N 56º 02' 31" W
S 89º 43' 23" E 60.78'N 00º 31' 39" E 275.24'ZONE, US SURVEY FOOT.
DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND
RECORD.
OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF
SAID PARCEL CONTAINS 3,500 SQUARE FEET OR 0.08 ACRES MORE
FEET TO THE POINT OF BEGINNING.
52" EAST, 35.28 FEET; THENCE SOUTH 00° 31' 39" WEST, 303.89
ALONG SAID SOUTH RIGHT-OF-WAY LINE; THENCE SOUTH 44° 35'
NE HORIZON DRIVE; THENCE SOUTH 89° 43' 23" EAST, 60.78 FEET
02' 31" WEST, 96.79 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
THENCE NORTH 00° 31' 39" EAST, 275.24 FEET; THENCE NORTH 56°
89° 55' 09" WEST, 5.00 FEET CONTNUING ALONG SAID SOUTH LINE;
LINE OF SAID LOT 1 TO THE POINT OF BEGINNING; THENCE SOUTH
THENCE SOUTH 89° 55' 09" WEST, 30.00 FEET ALONG THE SOUTH
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1,
PARTICULARLY DESCRIBED AS FOLLOWS:
COUNTY RECORDER'S OFFICE, DALLAS COUNTY, IOWA, MORE
1, AS RECORDED IN BOOK 2013, PAGE 20150 OF THE DALLAS
A PARCEL OF LAND LOCATED IN LOT 1 OF PRAIRIE CROSSING PLAT
95'
5'
S 89º 55' 09" W 5.00'
Prepared by and return to: A & R Land Services, Inc., 1609 Golden Aspen Dr., Ste. 104, Ames, IA 50010 (515) 337-1197
Address Tax Statement To: Continental Properties Company Inc. W134 N8675 Executive Pkwy, Menomonee Falls, WI 53051
For: City of Waukee, 230 Highway 6, Waukee, IA 50131 (515) 978-7900
________________________________________________________________________________________________________________ Exempt from Real Estate Transfer Tax under Iowa Code 428A.2(17).
Exempt from requiring a Declaration of Value under Iowa Code 428A.1.
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, Continental 296 Fund LLC, Grantor, does
hereby convey unto City of Waukee, Grantee, the following described real estate in Dallas County, Iowa
subject to any and all easements of record:
See Acquisition Plat Attached as Exhibit A.
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 Iowa.
Signed this day of , 20 .
CONTINENTAL 296 FUND LLC
SIGNATURE
PRINTED NAME
TITLE
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF: )
) ss:
COUNTY OF: )
On this day of , A.D. 20
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 Ink)
CAPACITY CLAIMED BY SIGNER:
INDIVIDUAL
X CORPORATE
Title of Corporate Officer(s):
Corporate Seal is affixed
No Corporate Seal procured
PARTNERSHIP: Limited
General
ATTORNEY-IN-FACT
EXECUTOR(s) or TRUSTEE(s)
GUARDIAN(s) or CONSERVATOR(s)
OTHER:
SIGNER IS REPRESENTING:
Names of entity(ies) or person(s)
Continental 296 Fund LLC
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: Continental 296 Fund 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, CONTINENTAL 296 FUND LLC (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 non-exclusive, temporary construction easement under, through
and across the following described real estate:
SEE TEMPORARY EASEMENT PLAT ATTACHED HERETO AS EXHIBIT D
(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 staging, storage of machinery, equipment and materials, and ingress and
egress reasonably necessary relating to the construction and installation of the following public
improvements on property adjacent to the Easement Area: SE Alices Road Improvements
Project-Phase 5 (the “Project”).
This temporary construction easement shall terminate and be of no force and effect the
date of final completion and acceptance of said completed improvements by the City or twenty-
four (24) months, whichever occurs first.
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 Grantee agrees that any facilities or items constructed, erected or placed by the
Grantee pursuant to this easement shall be located entirely within the Easement Area or other
real property to which the City has rights and shall not encroach under, over, on, through, across
or within Grantor’s real property outside of the Easement Area.
The Grantor agrees that the improvements permitted herein, and the reasonable
restoration of their property, as set forth in this easement aforesaid, shall be full and complete
satisfaction and consideration of and for this easement, and Grantor expresses agreement that no
other liability shall attach or be charged or claimed against the Grantee as a result of or because
of the construction of the improvement intended, or the use of the easement herein granted,
except as expressly provided herein or previously paid.
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.
- 3 -
The Grantee agrees and acknowledges that the grant of the easement hereunder is subject
to all easements and restrictions of record, including, but not limited to, that certain Temporary
Construction and Entrance Wall Easement Agreement dated April 10, 2014 and recorded April
14, 2014 in Book 2014 at Page 4112 of the Dallas County Recorder’s Office, Dallas County,
Iowa.
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.
This easement shall run with the land and shall be binding on Grantor, Grantee and on
their respective successors, assigns and transferees for the term set forth above.
Signed this ___ day of ______________, 2017.
GRANTOR CITY OF WAUKEE
CONTINENTAL 296 FUND LLC
______________________________ ____________________________
SIGNATURE William F. Peard, Mayor
______________________________ Attest:
PRINTED NAME
____________________________
______________________________ Rebecca D. Schuett, City Clerk
TITLE
- 4 -
STATE OF: )
) SS
COUNTY OF: )
On this _____ day of __________________, 20____, before me, the undersigned, a
Notary Public in and for said County and the State of ________________, personally appeared
, to me personally known, who being by me duly sworn, did say that that person is
of the corporation executing the foregoing instrument; that (the seal affixed to said instrument is
the seal of the corporation or no seal has been procured by the corporation) and that the
instrument was signed (and sealed) on behalf of the corporation by authority of its Board of
Directors; that acknowledged the execution of the instrument
to be the voluntary act and deed of the corporation, by it and by him voluntarily executed.
______________________________
Notary Public in and for the State of ____________
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of __________________, 20____, 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
0
FEET
N
CONSTRUCTION IS COMPLETED
SET WILL BE ESTABLISHED AFTER
NOTE: MONUMENTS SHOWN TO BE
DATE:6/30/2017
SURVEY FOR:
FOTH PROJECT NO.
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
TEL.: (515) 987-4363
WAUKEE, IA 50263
230 HIGHWAY 6
CITY OF WAUKEE
Foth Infrastructure & Environment, LLC
Phone: 515-254-1393 Fax: 515-254-1642
Johnston, IA 50131-2931
8191 Birchwood Court, Suite L
16W021-01
LEGAL DESCRIPTION:
PROPERTY OWNER:
SEC. 27-79-26
SE1/4 SE1/4
NE CORNER
FND CUT X
EXHIBIT 44-T
1 OF 1
SHEET
FIELD SURVEY COMPLETED: JANUARY 2017
TEMPORARY EASEMENT
PARCEL 44
SE ALICES ROAD IMPROVEMENTS
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF WAUKEE
TEMPORARY CONSTRUCTION EASEMENT
BOOK 2014, PAGE 4111
MENOMONEE FALLS, WI 53051
N134 W8675 EXECUTIVE PARKWAY
C/O CONTINENTAL PROPERTIES COMPANY
CONTINENTAL 296 FUND LLC
50 100
LOT 1
ROAD PLAT 4
AT ALICE'S
TH E CROSSIN G NE ALICES ROAD637.33'(M) 637.30'(R)
PLAT 1
PRAIRIE CROSSING
LOT 1
NE HORIZON DRIVE
60'
100' EXISTING ROW
1317.05'(M) 1317.24'(R)N 00º 31' 39" EFOUND 5/8" REROD W/YELLOW CAP#7844 (UNLESS NOTED)
SEC. 27-79-26
SE CORNER
FND BRASS PLUG
Prepared by Jody Budde, 8191 Birchwood Court, Suite L, Johnston, IA 50131 Phone: 515-254-1393
ALICE'S ROAD PLAT 4
THE CROSSING AT
LOT 1
NW CORNER
POC
POB
S 89º 55' 09" W 30.00'S 00º 31' 39" W 303.89'S 44º 35' 52" E 35.28'
96.79'
N 56º 02' 31" W
S 89º 43' 23" E 60.78'N 00º 31' 39" E 275.24'ZONE, US SURVEY FOOT.
DISTANCES ARE REFERENCED TO NAD83(2011) IA SPCS SOUTH
FOR THE PURPOSE OF THIS DESCRIPTION ALL BEARINGS AND
RECORD.
OR LESS, SUBJECT TO EASEMENTS AND RESTRICTIONS OF
SAID PARCEL CONTAINS 3,500 SQUARE FEET OR 0.08 ACRES MORE
FEET TO THE POINT OF BEGINNING.
52" EAST, 35.28 FEET; THENCE SOUTH 00° 31' 39" WEST, 303.89
ALONG SAID SOUTH RIGHT-OF-WAY LINE; THENCE SOUTH 44° 35'
NE HORIZON DRIVE; THENCE SOUTH 89° 43' 23" EAST, 60.78 FEET
02' 31" WEST, 96.79 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
THENCE NORTH 00° 31' 39" EAST, 275.24 FEET; THENCE NORTH 56°
89° 55' 09" WEST, 5.00 FEET CONTNUING ALONG SAID SOUTH LINE;
LINE OF SAID LOT 1 TO THE POINT OF BEGINNING; THENCE SOUTH
THENCE SOUTH 89° 55' 09" WEST, 30.00 FEET ALONG THE SOUTH
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1,
PARTICULARLY DESCRIBED AS FOLLOWS:
COUNTY RECORDER'S OFFICE, DALLAS COUNTY, IOWA, MORE
1, AS RECORDED IN BOOK 2013, PAGE 20150 OF THE DALLAS
A PARCEL OF LAND LOCATED IN LOT 1 OF PRAIRIE CROSSING PLAT
95'
5'
S 89º 55' 09" W 5.00'
PUBLIC FACILITIES AND USE 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 W. Hickman Road
Waukee, Iowa 50263
Grantor: Continental 296 Fund LLC
Grantee: City of Waukee, Iowa
- 2 -
PUBLIC FACILITIES AND USE EASEMENT(S)
KNOW TO ALL PERSONS BY THESE PRESENTS:
That the undersigned, Continental 296 Fund LLC, a Wisconsin 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 “Grantee” or “City”), a permanent easement
under, through and across the real property legally described as:
See Attached Exhibit “B” (the “Easement Area”)
That the above described Easement is granted unto the City for the purpose of public uses
deemed appropriate by the City including but not limited to public ingress/egress, public
recreation, and constructing, reconstructing, repairing, replacing, enlarging, inspecting and
maintaining any and all utilities and/or facilities the City deems appropriate including, but not
limited to, sanitary sewer facilities, storm sewer, trunk sewers, electric, water, gas, phone, cable
and any and all other utilities, bike trail(s), waterways, open creeks, ditches or trenches or any
other facilities deemed appropriate and/or necessary by the City, provided, however, all such
utilities and/or facilities constructed, reconstructed, repaired, replaced, enlarged, inspected or
maintained by the City pursuant to this Easement shall be located entirely within the Easement
Area or other real property to which the City has rights and shall not encroach under, over, on,
through, across or within Grantor’s real property outside of the Easement Area.
1. Erection and Placement of Structures, Obstructions, Plantings or Materials
Prohibited. Grantor and its grantees, assigns and transferees shall not interfere with the facilities
and/or use of the Easement Area by the City. Subsequent to execution of this Easement, Grantor
shall not place, erect or plant any material, fence or other structure, under, over, on, through,
across or within the Easement Area.
2. Maintenance of Easement. The City shall be responsible for maintaining the
Easement Area and any facilities or infrastructure installed therein by the City.
3. Change of Grade Prohibited. Grantor and its successors, assigns and transferees
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 from property adjacent thereto as herein described, including, but not limited to,
the right to remove any unauthorized fences, structures, obstructions, planting or material placed
or erected under, over, on, through, across or within the Easement Area after the date hereof.
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5. Property to be Restored. Upon completion of any construction, reconstruction,
repair, enlargement or maintenance of any improvements in the Easement Area, the City shall
restore the Easement Area in good and workmanlike manner to a condition comparable to its
condition before construction, reconstruction or alteration as set forth below.
6. Liability. Except as otherwise set forth herein and except as may be caused by the
negligent or wrongful acts or omissions of the City, its employees, agents or its representatives,
the City shall not be liable for injury or property damage occurring in or to the Easement Area,
the property abutting said Easement Area, nor for property damage or any improvements or
obstructions thereon resulting from the City’s exercise of the Easement. Grantor agrees to
indemnify and hold the City, its employees, agents and representatives harmless against any loss,
damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from
the negligent or wrongful acts or omissions of Grantor or its employees, agents or representatives
arising out of or in connection with this Easement.
7. Easement Benefit. This Easement shall be for the benefit of the City, its
successors and assigns, and its permittees and licensees.
8. Easement Runs with Land. This Easement shall be deemed perpetual and to run
with the land and shall be binding on Grantor, Grantee and on their respective successors,
assigns and transferees.
9. Consent and Subordination of Mortgage Holder(s). By signing this Agreement,
the undersigned lender, if any, its successors and assigns consents to the terms of this easement
agreement and hereby subordinates its interest in the Easement Area to the interest of the City
and its successors and assigns.
10. Approval by City Council. This Easement shall not be binding until it has
received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Easement by the City Clerk.
11. Intentionally Omitted.
12. Jurisdiction and Venue. The City and the Grantor agree the District Court of 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 Dallas
County, Iowa.
13. Attorney’s Fees. The City and Grantor may enforce this instrument by
appropriate action, and should they prevail in such litigation the prevailing party shall recover as
part of their costs the reasonable attorney’s fees incurred in such litigation.
14. Easements of Record. The Grantee agrees and acknowledges that the grant of the
Easement hereunder is subject to all easements and restrictions of record, including, but not
limited to, that certain Temporary Construction and Entrance Wall Easement Agreement dated
April 10, 2014 and recorded April 14, 2014 in Book 2014 at Page 4112 of the Dallas County
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Recorder’s Office, Dallas County, Iowa. The City shall not violate, or cause Grantor to be in
violation of, the terms and conditions of all such easements and restrictions affecting the
Easement Area entered or recorded prior to the date hereof, including those relating to the
existing sign and improved landscape wall located within the Easement Area.
15. The Grantee will indemnify and hold harmless Grantor from any and all claims by
third parties for any damages, injuries or losses arising out of Grantee’s use of the easement.
That the Grantor does HEREBY COVENANT with the said Grantee, 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; that said premises are free and clear of all
liens and encumbrances whatsoever, except as may be herein stated; that said Grantor covenants
to WARRANT AND DEFEND the said Easement Area against the lawful claims of all persons
whomsoever, except as herein stated.
IN WITNESS WHEREOF, we have hereunto affixed our hands this ______ day of
________________________, 2017.
GRANTOR: CONTINENTAL 296
FUND LLC
______________________________
Signature
______________________________
Printed Name
______________________________-
Title
STATE OF )
) SS
COUNTY OF )
On this _____ day of __________________, 2017, before me, the undersigned, a Notary
Public in and for said County and the State of ____________, personally appeared
____________________, to me personally known, who being by me duly sworn, did say that
that person is ______________________ of the corporation executing the foregoing instrument;
that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured
by the corporation) and that the instrument was signed (and sealed) on behalf of the corporation
by authority of its Board of Directors; that ___________________ acknowledged the execution
of the instrument to be the voluntary act and deed of the corporation, by it and by him
voluntarily executed.
______________________________
Notary Public in and for the State of _____________
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ACCEPTANCE BY CITY
CITY OF WAUKEE
____________________________
William F. Peard, Mayor
Attest:
____________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) SS
COUNTY OF DALLAS )
On this _____ day of __________________, 20____, 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