HomeMy WebLinkAbout2017-09-25-Ordinance 2858_Rezoning, Apple, Book 2017 Page 23877Doc ID: 007369230017 Type: ORD
Recorded: 12/07/2017 at 08:00:02 AM
Fee Amt: $87.00 Page 1 of 17
Dallas County Iowa
Chad C. Airhart RECORDER
File##
BK2017 PG23877
Preparer Information: Bradly M. Deets, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 978-7899
Bill/Return Document to: Rebecca D. Schuett, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 978-
7904
ORDINANCE NO. 2858
AN ORDINANCE TO AMEND CHAPTER 301, ZONING ORDINANCE, CITY
OF WAUKEE, IOWA, BY CHANGING CERTAIN PROPERTY THEREIN FROM A-1
[AGRICULTURAL DISTRICT] TO M-I/PD-1 [LIGHT INDUSTRIAL
DISTRICT/PLANNED DEVELOPMENT OVERLAY DISTRICT]; AND AMEND THE
OFFICIAL ZONING MAP TO SHOW REZONING
BE IT ORDAINED by the Council of the City of Waukee:
Section 1. Section 301.4 of Chapter 301, Waukee Municipal Code, Zoning
Ordinance of the City of Waukee, Iowa, adopting the Official Zoning Map, is hereby amended
by amending the zoning from A-1 (Agricultural District) to M-1/PD-1 (Light Industrial
District/Planned Development Overlay District) for the property legally described as follows
(the "Property"):
NORTH OF HWY 6
The South 45 acres of the South Fractional Half (S frl 1/2) of the Northwest Fractional Quarter
(NW frl 1/4) of Section 30, Township 79 North, Range 26 West of the 5th P.M., Dallas County,
Iowa; and,
The South Half (S1/2) of the Northeast Quarter (NE1/4) of Section 25, Township 79 North, Range
27 West of the 5th P.M., Dallas County, Iowa; and,
The Southeast Quarter of Section 25, Township 79 North, Range 27 West of the 5th P.M., Dallas
County, Iowa, EXCEPT Railroad Right of Way on the South Half (S1/2) thereof and EXCEPT land
deeded to the State of Iowa in Warranty Deed recorded in Book 844 Page 328 and EXCEPT
Parcel "A" as shown on the Plat of Survey recorded in Book 2006 Page 18481; and,
The Northwest Fractional Quarter (NW frl 1/4) of Section 30, Township 79 North, Range 26 West
of the 5th P.M., Dallas County, Iowa, EXCEPT the South 45 acres thereof and EXCEPT a parcel of
land located in the East Half of the Northwest Quarter of Section 30, Township 79 North, Range
26 West of the 5th P.M., Dallas County, Iowa, more particularly described as follows: Beginning
at the North Quarter corner of Section 30, Township 79 North, Range 26 West of the 5th P.M.,
Dallas County, Iowa; thence along the East line of the NW1/4 of said Section 30, South
00°00'00", 1,967.62 feet; thence South 89°27'41" West 644.0 feet; thence North 00°00'00",
1,967.53 feet to the North line of said NW1/4; thence along said North line, North 89°27'14" East
644.00 feet to the point of beginning; and,
A PARCEL OF LAND LOCATED IN THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW
1/4) OF SECTION THIRTY (30), TOWNSHIP (79) NORTH, RANGE TWENTY-SIX (26) WEST OF
THE 5TH P.M., DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 30, TOWNSHIP 79 NORTH, RANGE
26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; THENCE ALONG THE EAST LINE OF THE
NW 1/4 OF SAID SECTION 30, SOUTH 00°00'00" 1,967.62 FEET; THENCE SOUTH
89027'41"WEST 644.00 FEET; THENCE NORTH 00100'00" 1,967.53 FEET TO THE NORTH LINE
OF SAID NW 1/4; THENCE ALONG SAID NORTH LINE, NORTH 8912714" EAST 644.00 FEET TO
THE POINT OF BEGINNING, EXCEPT PARCEL "B" OF THE SURVEY OF THE NE 1/4 OF THE NW
1/4 OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., AS SHOWN IN
BOOK 802, PAGE 672 IN THE OFFICE OF THE RECORDER OF DALLAS COUNTY, IOWA AND
EXCEPT A TRACT OF LAND ON THE EAST SIDE OF PARCEL "B", ACCORDING TO THE PLAT
THEREOF RECORDED IN BOOK 802, PAGE 672, DALLAS COUNTY RECORDER'S OFFICE. SAID
TRACT IS LOCATED IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 30,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA, AND
DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED IRON PIPE AT THE NORTHEAST CORNER
OF SAID PARCEL "B"; THENCE N 89126'19" E A DISTANCE OF 47.00' TO A CAPPED IRON ROD;
THENCE S 00001'20" E A DISTANCE OF 933.32' TO A CAPPED IRON ROD; THENCE S 89026'37"
W A DISTANCE OF 47.00' TO A CAPPED IRON PIPE; THENCE N 00101'20"W A DISTANCE OF
933.31' TO POINT OF BEGINNING. CONTAINING 1.00 ACRES INCLUDING 0.04 ACRES OF
COUNTY ROAD RIGHT OF EASEMENT: and,
The West Half (W 1/2) of the Southwest Quarter (SW 1/4) and the West 7/8 of the East Half (W7/8 E1/2) of the
Southwest Quarter (SW1/4) all in Section 30, Township 79 North, Range 26 West of the 5th P.M., Dallas
County, Iowa; and,
The North Half (N1/2) of the Northeast Quarter (NE1/4) of Section 30, Township 79 North,
Range 26 West of the 5th P.M., Dallas County, Iowa; and,
THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) AND THE WEST 38.50 ACRES
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW 1/4 SE 1/4) AND THE EAST
4 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE 1/4 SW 1/4) AND
THE WEST 38.50 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW
1/4 SE 1/4) AND THE EAST 4 ACRES OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER (NE 1/4 SW 1/4) AND 80 ACRES OFF THE EAST SIDE OF THE SOUTHEAST QUARTER
(SE 1/4) WHICH INCLUDES 3 ACRES IN THE WEST HALF (W 1/2) OF THE SOUTHEAST QUARTER
(SE 1/4), ALL IN SECTION THIRTY (30), TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE
TWENTY-SIX (26) WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA
SOUTH OF HWY 6
THE EAST HALF (E 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35 IN TOWNSHIP
79 NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA,
EXCEPTING THE EAST 2 RODS OF THE NORTH 82 RODS OF THE SAID EAST 1/2 OF THE
NORTHEAST 1/4; ALSO EXCEPT THE NORTH 440 FEET OF THE WEST 262 FEET OF SAID NE 1/4;
EXCEPT THEREFROM U.S. HIGHWAY NO. 6 RIGHT-OF-WAY ON THE NORTH 50 FEET, AND
SUBJECT TO COUNTY ROAD RIGHT-OF-WAY ON THE WEST 12 FEET OF THE SOUTH 160.8 FEET
OF THE FOREGOING DESCRIBED PARCEL, ALL NOW BEING IN AND FORMING A PART OF
DALLAS COUNTY, IOWA; and,
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SERA SE1/4) OF SECTION 35,
TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH
P.M. AND THE EAST 2 RODS OF THE NORTH 82 RODS OF EAST 1/2 OF THE NORTHEAST 1/4 OF
SECTION 35, TOWNSHIP 79, RANGE 27 WEST OF THE 5TH P.M, DALLAS COUNTY, IOWA;
EXCEPT LAND DEEDED TO THE STATE OF IOWA AS RECORDED IN BOOK 849, AT PAGE 375; and,
THE NORTHEAST QUARTER (NE1/4) OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 27 WEST
OF THE 5TH P.M., DALLAS COUNTY, IOWA, EXCEPT LAND DEEDED TO THE STATE OF IOWA IN
WARRANTY DEED RECORDED IN BOOK 844, PAGE 328, IN THE OFFICE OF DALLAS COUNTY
RECORDER; and,
THE SOUTHWEST QUARTER (SW1/4) AND THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER (NW1/4 SE1/4) OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH
P.M., DALLAS COUNTY, IOWA; and,
THE WEST 73 ACRES OF THE S1/2 OF THE SE1/4 OF SECTION 36, TOWNSHIP 79 NORTH,
RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
THE EAST 57 ACRES OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 79
NORTH OF RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS
COUNTY, IOWA; THENCE S00158'53"W, ALONG THE EAST LINE OF THE NW1/4 OF THE NW1/4
OF SAID SECTION 31-79-26, 1,313.46 FT. TO THE SOUTHEAST CORNER OF THE NW1/4 OF THE
NW1/4 OF SAID SECTION 31-79-26; THENCE S89151'29"E, ALONG THE NORTH LINE OF THE
SE1/4 OF THE NW1/4 OF SAID SECTION 31-79-26, 1,317.53 FT. TO THE NORTHEAST CORNER
OF THE SE1/4 OF THE NW1/4 OF SAID SECTION 31-79-26; THENCE S01100'17"W, ALONG THE
EAST LINE OF THE SE1/4 OF THE NW1/4 OF SAID SECTION 31-79-26, 1,305.44 FT. TO THE
CENTER OF SAID SECTION 31-79-26; THENCE S01103'22"W, ALONG THE EAST LINE OF THE
NE1/4 OF THE SW1/4 OF SAID SECTION 31-79-26, 860.52 FT.; THENCE N89142'57"W, 1,320.15
FT. TO A POINT ON THE WEST LINE OF THE NE1/4 OF THE SW1/4 OF SAID SECTION 31-79-26;
THENCE N01005'55"E, ALONG THE WEST LINE OF THE NE1/4 OF THE SW1/4 OF SAID SECTION
31-79-26, 854.83 FT. TO THE NORTHWEST CORNER OF THE NE1/4 OF THE SW1/4 OF SAID
SECTION 31-79-26; THENCE N89157'48"W, ALONG THE SOUTH LINE OF THE SW1/4 OF THE
NW1/4 OF SAID SECTION 31-79-26, 660.98 FT.; THENCE N01°03'33"E, 2,620.95 FT. TO A
POINT ON THE NORTH LINE OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 31-79-26;
THENCE N90000'00"E, ALONG THE NORTH LINE OF THE NW1/4 OF THE NW1/4 OF SAID
SECTION 31-79-26, 660.00 FT TO THE POINT OF BEGINNING. ALL OF SAID PARCEL BEING
LOCATED IN THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 31,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA. SAID
PARCEL IS SUBJECT TO AN EXISTING PUBLIC ROAD EASEMENT ON THE NORTH 100.00 FT.
THEREOF (1.5153 ACRES) EXCEPT BEGINNING AT THE NE CORNER OF THE NW1/4 NW1/4 OF
SAID SECTION 31; THENCE S0116'34"W ALONG THE EAST LINE OF SAID NW1/4 NW1/4 OF SEC.
31, 194.81 FT; THENCE S89157'26"W, 661.11 FT.; THENCE N0046'58"E, 192.13 FT. TO A POINT
ON THE NORTH LINE OF SAID SEC. 31; THENCE N89043'25"E ALONG SAID NORTH LINE, 659.43 FT. TO
THE POINT OF BEGINNING; and,
BEGINNING AT THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; THENCE N90100'00"E, ALONG THE NORTH
LINE OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 31-79-26, 912.34 FT.; THENCE
S01°03'33"W, 2,620.95 FT. TO A POINT ON THE SOUTH LINE OF THE SW1/4 OF THE NW1/4 OF
SAID SECTION 31-79-26; THENCE N89057'48"W, ALONG THE SOUTH LINE OF THE SW1/4 OF
THE NW1/4 OF SAID SECTION 31-79-26, 884.19 FT. TO THE WEST 1/4 CORNER OF SAID
SECTION 31-79-26; THENCE N 00126'36"E, ALONG THE WEST LINE OF THE NW1/4 OF SAID
SECTION 31-79-26, 2,620.02 FT. TO THE POINT OF BEGINNING. ALL OF SAID PARCEL BEING
LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 79 NORTH,
RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA. SAID PARCEL IS SUBJECT TO AN
EXISTING PUBLIC ROADWAY EASEMENT ON THE NORTH 100.00 FT. THEREOF (2.0932 ACRES)
EXCEPT BEGINNING AT THE NW CORNER OF SAID SEC. 31; THENCE N89043'25"E ALONG THE
NORTH LINE OF SAID SEC. 31, 911.55 FT.; THENCE S0046'58"W, 192.13 FT.; THENCE
S89057'26"W, 909.37 FT TO A POINT ON THE WEST LINE OF SAID SEC. 31; THENCE
N0008'15"E ALONG SAID WEST LINE, 188.39 FT. TO THE POINT OF BEGINNING; and,
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 79
NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
BEGINNING AT THE WEST 1/4 CORNER OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST
OF THE 5TH P.M., DALLAS COUNTY, IOWA; THENCE S89157'48"E, ALONG THE NORTH LINE OF
THE NW1/4 OF THE SW1/4 OF SAID SECTION 31-79-26, 884.19 FT.; THENCE SO1003'33"W,
1,312.92 FT TO A POINT ON THE SOUTH LINE OF THE NW1/4 OF THE SW1/4 OF SAID SECTION
31-79-26; THENCE N89131'38"W, ALONG THE SOUTH LINE OF THE NW1/4 OF THE SW1/4 OF
SAID SECTION 31-79-26, 874.47 FEET TO THE SOUTHWEST CORNER OF THE NW1/4 OF THE
SW1/4 OF SAID SECTION 31-79-26; THENCE N00038'13"E, ALONG THE WEST LINE OF THE
NW1/4 OF THE SW1/4 OF SAID SECTION 31-79-26, 1,306.12 FT TO THE POINT OF BEGINNING.
ALL OF SAID PARCEL BEING LOCATED IN THE NW1/4 SW1/4 OF SECTION 31, TOWNSHIP 79
NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
Beginning at the Southeast corner of the Northwest Quarter of the Southwest Quarter of Section
Thirty-one (31), Township Seventy-nine (79) North, Range Twenty-six (26) West of the 5th P.M.,
Dallas County, Iowa; thence N 89031'38" W along the South line of the NW 1/4 of the SW 1/4 of
said Section 31-79-26, 660.00 feet; thence N O1103'33" E, 1312.92 feet to a point on the North
line of the NW 1/4 of SW 1/4 of said Section 31-79-26; thence S 89057'48" E, along the North
line of the NW 1/4 of the SW 1/4 of said Section 31-79-26, 660.98 feet to the Northeast corner of
the NW 1/4 of the SW 1/4 of said Section 31-79-26; thence S 01105'55" W, along the East line of
the NW 1/4 of the SW 1/4 of said Section 31-79-26, 1317.96 feet to the point of beginning. All of
said parcel being part of the Northwest Quarter of the Southwest Quarter of Section 31,
Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa; and,
THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; EXCEPT PARCEL A AS SHOWN ON THE PLAT
OF SURVEY RECORDED IN BOOK 2002, AT PAGE 14752; and,
THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4), EXCEPT A PARCEL
OF LAND LOCATED IN THE NE 1/4 NW 1/4 OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NW CORNER OF THE NE 1/4 NW 1/4 OF SAID SECTION 31;
THENCE N 89043'25" E ALONG THE NORTH LINE OF SAID SECTION 31, 1,193.34 FEET TO THE
N 1/4 CORNER OF SAID SECTION 31; THENCE S 0116'34" W ALONG THE EAST LINE OF THE NW
1/4, 199.67 FEET; THENCE S 89157'26" W, 1002.08 FEET, THENCE S 0002'34" E, 39.37 FEET;
THENCE S 89057'26" WEST, 191.44 FEET TO A POINT ON THE WEST LINE OF THE NE 1/4 NW 1/4
OF SAID SECTION 31; THENCE N 0116'34" E ALONG SAID WEST LINE, 234.18 FEET TO THE
POINT OF BEGINNING; and,
THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4), EXCEPT THE
SOUTH 466.70 FEET OF THE NORTH 541.70 FEET OF THE EAST 496.70 FEET OF THE NE 1/4 OF
SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY,
IOWA, ALL OF WHICH IS MORE ACCURATELY DESCRIBED AS FOLLOWS: COMMENCING AT THE
NE CORNER OF SAID SECTION 31, THENCE S 0-00' E, ALONG THE EAST LINE OF THE NE 1/4 OF
n
SAID SECTION 31, 75.0 FEET, TO THE POINT OF BEGINNING, THENCE CONTINUING S 0°00' E,
ALONG THE EAST LINE OF THE NE 1/4 OF SAID SECTION 31, 466.70 FEET, SAID EAST LINE OF
THE NE 1/4 OF SAID SECTION 31 IS PARALLEL WITH AND 10.0 FEET WEST OF THE CENTER
LINE OF AN EXISTING NORTH SOUTH COUNTY ROAD, AS IT IS PRESENTLY ESTABLISHED,
THENCE S 89001' W, 496.70 FEET; THENCE N 0000' E, 466.70 FEET TO A POINT THAT IS ON
THE SOUTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 6, AS IT IS PRESENTLY ESTABLISHED,
THENCE N 89001' E, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY NO. 6,
496.70 FEET, TO THE POINT OF BEGINNING. AND EXCEPT A PARCEL OF LAND IN THE NE 1/4 NE
1/4 OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE
CORNER OF SAID SECTION 31; THENCE S 89041'48" W ALONG THE NORTH LINE OF SAID
SECTION 31, 496.70 FEET TO THE POINT OF BEGINNING, THENCE S 0°29'46" W, 205.42 FEET;
THENCE S 89009'34" W, 887.13 FEET; THENCE N 0023'11" E, 213.74 FEET TO A POINT ON SAID
NORTH LINE OF SECTION 31; THENCE N 89041'48" E ALONG SAID NORTH LINE, 887.38 FEET
TO THE POINT OF BEGINNING; and,
THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), EXCEPT A
PARCEL OF LAND IN THE NW 1/4 NE 1/4 OF SECTION 31-79-26 OF THE 5TH P.M., DALLAS
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE N 1/4
CORNER OF SAID SECTION 31; THENCE N 89059'35" E, ALONG THE NORTH LINE OF SAID
SECTION 31, 1384.08 FEET; THENCE S 0°23'11" W, 213.74 FT.; THENCE N 89159'35" W, 755.20
FT.; THENCE N 89123'41" W, 628.42 FT., TO A POINT ON THE WEST LINE OF THE NW 1/4 NE
1/4 OF SAID SECTION 31; THENCE N 0016'34" E, ALONG SAID WEST LINE, 199.67 FT TO THE
POINT OF BEGINNING; AND THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST
QUARTER (NE 1/4) ALL IN SECTION THIRTY-ONE (31), TOWNSHIP SEVENTY-NINE (79) NORTH,
RANGE TWENTY-SIX (26) WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
THE SOUTHWEST QUARTER (SW1/4) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION 31,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA.
Section 2. Planned Development Agreement. Attached hereto as Exhibit
A is the Planned Development Agreement which shall define the minimum standards
and requirements of the PD-1 [Planned Development Overlay District] pertaining to
the above legally described property.
Section 3. Repealer. All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hearby repealed.
Section 4. Severability Clause. If any section, provision or part of this
ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not
affect the validity of the ordinance as a whole or any section, provision, or part
thereof not adjudged invalid or unconstitutional.
Section 5. Effective Date. This ordinance shall be in effect upon its final
passage, approval and publication as provided by law and subject to the sale or
transfer of the Property to Bravo Real Estate, LLC, or its assignee.
Passed by the City Council of the City of Waukee, Iowa, this 25`h day of September,
2017, and approved this 25`h day of September, 2017.
l/I �1611-�
Attest:
YAAA-4 d--
Rebecca D. Schuett, City Clerk
Doc ID: 007364220011 Type: AGR
Recorded: 11/30/2017 at 11:39:38 AM
Fee Amt: $57.00 Page 1 of 11
Dallas County Iowa
Chad C. Airhart RECORDER
File#
SK2017 PG23442
WHEN RECORDED R1 TURN 'fO:
Rebecca schuett
Waukee Deputy City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer Information: Bradly M. Deets, City of Waukee, W. Hickman Road, Waukee, Iowa 50263 Phone (515) 987-4522
PLANNED DEVELOPMENT AGREEMENT
This Planned Development Agreement (the "Agreement") is made and entered into this
Nday of NANW, 2017, by and between the CITY OF WAUKEE, IOWA, a municipal
corporation (the "City"), and Bravo Real Estate, LLC (the "Developer").
WHEREAS, Developer is the buyer under certain purchase and sale agreements of the
real property which is legally described on Exhibit "A" attached hereto (the "Property"); and
WHEREAS, Developer is proposing a development (the "Project') to be constructed and
operated on portions of the Property in accordance with this Agreement; and,
WHEREAS, the Property is currently zoned A-1 (Agricultural District); and,
WHEREAS, the Developer has petitioned the City to amend the zoning of the Property to
M-1 Light Industrial District and PD-1 Planned Development Overlay to allow for the
development of a series of data center and support buildings; and,
WHEREAS, the PD-1 Planned Development Overlay regulations require the Developer
to enter into an Agreement with the City that addresses the primary objective of the development
as well as providing specific guidelines and design standards for the development of the
Property;
WHEREAS, it is the intent of this Project to meet all of the requirements of the Waukee
Zoning Ordinance, Waukee Site Plan Ordinance and Waukee Sign Ordinance except as modified
by this Agreement.
NOW, THEREFORE, in consideration of the above premises, the rezoning of the
Property and the promises and agreements set forth herein, it is hereby agreed between the
Developer and the City as follows:
0
Zonin . The Property will be rezoned from A-1 (Agricultural District to M-1/PD-
1 (Light Industrial District/Planned Development Overlay).
2. Development Concept. As required by the Planned Development Overlay
regulations, the Developer has submitted a Development Concept in conjunction with the
Developer's request for the Planned Development Overlay District to allow for the development
of the Project. A copy of the Development Concept for the Project is attached hereto as Exhibit
"B". City acknowledges that the Development Concept is subject to change as additional detail
and studies are completed. The Developer agrees that prior to any construction on the Property,
Developer shall submit the necessary subdivision and site plans that will be processed through
the normal City procedures of Planning and Zoning Commission and City Council review and
approval. The Developer agrees that the development of the Property shall be consistent with the
permitted uses in the M-1 Light Industrial District.
The requirements set forth in the following paragraphs 2 (a) to and including 2 (f) apply to the
development of the Property as generally shown on the Development Concept (Exh. B) for use
as a data center as well as for any municipal and/or private utilities. As for development for any
other use permitted under the M-1 Light Industrial District, the requirements shall be as provided
under the M-1 Light Industrial District and the agreement(s) with the City, if any, related to such
other development.
(a) Bulk Regulations. The following minimum setback requirements shall be
applicable as generally shown on the Development Concept:
(i) Front Yard Building Setback. The minimum building front yard setback
shall be fifty (50) feet. Site security fencing and utility power
infrastructure may be located within setback.
(ii) Rear Yard Building Setback. The minimum rear yard building setback
shall be fifty (50) feet. Site security fencing and utility power
infrastructure may be located within setback.
(iii) Side Yard Building Setback. The minimum side yard setback(s) shall be
twenty-five (25) feet. Site security fencing and utility power infrastructure
may be located within setback.
(iv) Setback Between Buildings. The minimum setback between buildings
internal to the site Project shall be twenty-five (25) feet.
(v) Maximum Building Height. 80 feet to accommodate multi -story
buildings with roof top mounted equipment.
7
b) Parking.
Data Center. 30 parking stalls minimum per building.
(ii) Logistics Center. 30 parking stalls mininnml at the logistics building.
(Ili) Guard Booth. 4 parking stalls minimum per location.
Upon request of Developer, a special parking study may be conducted with City
Development Services Director review and approval to determine unique parking
scenarios and to modify parking requirements consistent with the findings of such
parking study without a formal amendment to the above requirements.
(c) Buffer and Open Space Requirements.
(i) Landscaped Buffer. Developer shall provide a minimum fifty (50) foot
landscape buffer along all public streets adjacent to the Project as well as
along the perimeter of the project when a public street does not exist.
Such landscape buffer when practical shall include a minimum five (5)
foot earthen berni.
(ii) Landscaping within Landscape Buffer. Landscaping required within the
landscape buffer shall include at a minimum three (3) overstoiy trees, four
(4) evergreens and three (3) ornamental trees per every 50 linear feet of
buffer that will be phased in with the project phases of development
excluding substation and power infrastructure.
(iii) Open Space. A minimum of twenty (20) percent open space shall be
required within the Project. The open space calculation shall be inclusive
of the required landscape buffers.
(d) Architectural Requirements. The architecture of the building(s) shall be consistent
with the architectural standards as defined within Section 304, Site Plan
Ordinance, of the City of Waukee Code of Ordinances.
(e) Signage. Signage shall be consistent with the sign standards as defined within
Section 305, Signage Ordinance, of the City of Waukee Code of Ordinances.
(f) Lighting. All lighting shall be installed pursuant to the regulations within Section
304 Site Plan Ordinance of the City of Waukee Code of Ordinances.
4. Runs with Land. The obligations under this Agreement shall run with the land
and be binding upon the future owners of the Property.
5. Amendment. The terms of this Agreement may be amended by mutual agreement
of the parties hereto, but any such amendment shall be in writing and shall be tiled of record with
the Dallas County Recorder subject to review and approval by the Planning and Zoning
Commission and City Council. Notwithstanding the foregoing, the Developer and the
Development Services Director may agree to make minor non -substantive changes or
clarification of this Agreement without the review and approval of the Planning and Zoning
Commission and City Council.
6. Commencement of Project/Zoning, Zoning of the Property from A-1 Agricultural
District to M-1 Light Industrial District/PD-1 Planned Development Overlay shall become
effective upon the sale or transfer of the Property to the Developer or its assignee, provided that
all uses of the Property, structures on the Property, and uses of structures on the Property allowed
in the A-1 Agricultural District shall be legal non -conforming uses, structures, and uses of
structures to the extent allowed by law. Failure of the Developer to acquire the Property shall
allow the zoning of the Property to remain as A-1 Agricultural District.
7. Binding. The terms and conditions of this Agreement shall be binding upon and
shall inure to the benefit of the heirs, successors and assigns of the respective parties hereto
8. Severability. If any provision hereof is for any reason unenforceable or
inapplicable, the other provisions hereof will remain in full force and effect in the same mariner
as if such unenforceable or inapplicable provisions had never been contained herein.
9. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Iowa.
10. Recording. This Agreement shall be recorded with the Dallas County, Iowa,
Recorder, as an exhibit to the ordinance rezoning the Property and shall constitute a valid and
effective agreement pursuant to the terms and conditions of Section 414.5 of the Iowa Code.
9
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
Attest:
�M)� o- N' j4bt44
Rebecca D. Schuett, City Clerk
DEVELOPER:
CITY OF WAUKEE
By: Z��ml�z
6"Iamyeartf, Mayor
Bravo Real Estate, LLC
B
Name:}
Title: C.So
10
STATE OF IOWA )
) ss.
COUNTY OF DALLAS)
On this j clay of Al(r�lQ,Ui% PI , 2017, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard and Rebecca D.
SChLiett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
RLQ,Re�so H4e4a No. 5'b adopted by the City Council, under Roll Call of the City Council on
the 3SV day of � 6JU 1 �)(V , 2017, and that William F. Peard and Rebecca D. Schuett
acknowledged the e, ecution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
`s, KATHRYN E. PURVIS ~�
Commission Number 794513 Not ry PublidYin and for the
My Commission Expires State Of Iowa
February 10, 2019
My Commission expires
ceo'v'�
STATE OF Jk)WA )
COUNTY OF Cobb > ss.
On this _; day ofb , 2017, before me, the undersigned, a Notary Public in
and for the State of � , personally appeared �f0.nk�GS , to me personally
known, who being by me my sworn, did say that the person is the %B0 of
PLACEHOLDER, an%gbRU limited liability company, and that the instrument was signed
on behalf of said corporation by authority of its managers; and that said person acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the limited liability
company by it voluntarily executed.
?" 11
v1CGp""
Ot Rr pl Un �C
u V •� A
p1REg Notary Pu lic in and for
ais - of R IN the State of lava- G24 x ,
• AEG G • " My Commission expires a ao19
Exhibit A
Legal Description of Property
NORTH OF HWY 6
The South 45 acres of the South Fractional Half (S frl 1/2) of the Northwest Fractional Quarter
(NW frl 1/4) of Section 30, Township 79 North, Range 26 West of the 5th P.M., Dallas County,
Iowa; and,
The South Half (S1/2) of the Northeast Quarter (NE1/4) of Section 25, Township 79 North, Range
27 West of the 5th P.M., Dallas County, Iowa; and,
The Southeast Quarter of Section 25, Township 79 North, Range 27 West of the 5th P.M., Dallas
County, Iowa, EXCEPT Railroad Right of Way on the South Half (S1/2) thereof and EXCEPT land
deeded to the State of Iowa in Warranty Deed recorded in Book 844 Page 328 and EXCEPT
Parcel "A" as shown on the Plat of Survey recorded in Book 2006 Page 18481; and,
The Northwest Fractional Quarter (NW frl 1/4) of Section 30, Township 79 North, Range 26 West
of the 5th P.M., Dallas County, Iowa, EXCEPT the South 45 acres thereof and EXCEPT a parcel of
land located in the East Half of the Northwest Quarter of Section 30, Township 79 North, Range
26 West of the 5th P.M., Dallas County, Iowa, more particularly described as follows: Beginning
at the North Quarter corner of Section 30, Township 79 North, Range 26 West of the 5th P.M.,
Dallas County, Iowa; thence along the East line of the NW1/4 of said Section 30, South
00°00'00", 1,967.62 feet; thence South 89°27'41" West 644.0 feet; thence North 00°00'00",
1,967.53 feet to the North line of said NW1/4; thence along said North line, North 89°27'14" East
644.00 feet to the point of beginning; and,
A PARCEL OF LAND LOCATED IN THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW
1/4) OF SECTION THIRTY (30), TOWNSHIP (79) NORTH, RANGE TWENTY-SIX (26) WEST OF
THE 5TH P.M., DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 30, TOWNSHIP 79 NORTH, RANGE
26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; THENCE ALONG THE EAST LINE OF THE
NW 1/4 OF SAID SECTION 30, SOUTH 00°00'00" 1,967.62 FEET; THENCE SOUTH
89027'41"WEST 644.00 FEET; THENCE NORTH 00°00'00" 1,967.53 FEET TO THE NORTH LINE
OF SAID NW 1/4; THENCE ALONG SAID NORTH LINE, NORTH 89027'14" EAST 644.00 FEET TO
THE POINT OF BEGINNING, EXCEPT PARCEL "B" OF THE SURVEY OF THE NE 1/4 OF THE NW
1/4 OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., AS SHOWN IN
BOOK 802, PAGE 672 IN THE OFFICE OF THE RECORDER OF DALLAS COUNTY, IOWA AND
EXCEPT A TRACT OF LAND ON THE EAST SIDE OF PARCEL "B", ACCORDING TO THE PLAT
THEREOF RECORDED IN BOOK 802, PAGE 672, DALLAS COUNTY RECORDER'S OFFICE. SAID
TRACT IS LOCATED IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 30,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA, AND
DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED IRON PIPE AT THE NORTHEAST CORNER
OF SAID PARCEL "B"; THENCE N 89126'19" E A DISTANCE OF 47.00, TO A CAPPED IRON ROD;
THENCE S 00001'20" E A DISTANCE OF 933.32' TO A CAPPED IRON ROD; THENCE S 89126'37"
W A DISTANCE OF 47.00' TO A CAPPED IRON PIPE; THENCE N 00101'20"W A DISTANCE OF
933.31' TO POINT OF BEGINNING. CONTAINING 1.00 ACRES INCLUDING 0.04 ACRES OF
COUNTY ROAD RIGHT OF EASEMENT: and,
The West Half (W1/2) of the Southwest Quarter (SW 1/4) and the West 7/8 of the East Half (W7/8 E1/2) of the
Southwest Quarter (SW1/4) all in Section 30, Township 79 North, Range 26 West of the 5th P.M., Dallas
County, Iowa; and,
The North Half (N1/2) of the Northeast Quarter (NE1/4) of Section 30, Township 79 North,
Range 26 West of the 5th P.M., Dallas County, Iowa; and,
THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) AND THE WEST 38.50 ACRES
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW 1/4 SE 1/4) AND THE EAST
12
4 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE 1/4 SW 1/4) AND
THE WEST 38.50 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (NW
1/4 SE 1/4) AND THE EAST 4 ACRES OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER (NE 1/4 SW 1/4) AND 80 ACRES OFF THE EAST SIDE OF THE SOUTHEAST QUARTER
(SE 1/4) WHICH INCLUDES 3 ACRES IN THE WEST HALF (W 1/2) OF THE SOUTHEAST QUARTER
(SE 1/4), ALL IN SECTION THIRTY (30), TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE
TWENTY-SIX (26) WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA
SOUTH OF HWY 6
THE EAST HALF (E 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35 IN TOWNSHIP
79 NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA,
EXCEPTING THE EAST 2 RODS OF THE NORTH 82 RODS OF THE SAID EAST 1/2 OF THE
NORTHEAST 1/4; ALSO EXCEPT THE NORTH 440 FEET OF THE WEST 262 FEET OF SAID NE 1/4;
EXCEPT THEREFROM U.S. HIGHWAY NO. 6 RIGHT-OF-WAY ON THE NORTH 50 FEET, AND
SUBJECT TO COUNTY ROAD RIGHT-OF-WAY ON THE WEST 12 FEET OF THE SOUTH 160.8 FEET
OF THE FOREGOING DESCRIBED PARCEL, ALL NOW BEING IN AND FORMING A PART OF
DALLAS COUNTY, IOWA; and,
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SETA SETA) OF SECTION 35,
TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH
P.M. AND THE EAST 2 RODS OF THE NORTH 82 RODS OF EAST 1/2 OF THE NORTHEAST 1/4 OF
SECTION 35, TOWNSHIP 79, RANGE 27 WEST OF THE 5TH P.M, DALLAS COUNTY, IOWA;
EXCEPT LAND DEEDED TO THE STATE OF IOWA AS RECORDED IN BOOK 849, AT PAGE 375; and,
THE NORTHEAST QUARTER (NE1/4) OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 27 WEST
OF THE 5TH P.M., DALLAS COUNTY, IOWA, EXCEPT LAND DEEDED TO THE STATE OF IOWA IN
WARRANTY DEED RECORDED IN BOOK 844, PAGE 328, IN THE OFFICE OF DALLAS COUNTY
RECORDER; and,
THE SOUTHWEST QUARTER (SW1/4) AND THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER (NW1/4 SE1/4) OF SECTION 36, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH
P.M., DALLAS COUNTY, IOWA; and,
THE WEST 73 ACRES OF THE S1/2 OF THE SE1/4 OF SECTION 36, TOWNSHIP 79 NORTH,
RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
THE EAST 57 ACRES OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 79
NORTH OF RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS
COUNTY, IOWA; THENCE S00158'53"W, ALONG THE EAST LINE OF THE NW1/4 OF THE NW1/4
OF SAID SECTION 31-79-26, 1,313.46 FT. TO THE SOUTHEAST CORNER OF THE NW1/4 OF THE
NW1/4 OF SAID SECTION 31-79-26; THENCE S89051'29"E, ALONG THE NORTH LINE OF THE
SE1/4 OF THE NW1/4 OF SAID SECTION 31-79-26, 1,317.53 FT. TO THE NORTHEAST CORNER
OF THE SE1/4 OF THE NW1/4 OF SAID SECTION 31-79-26; THENCE S01100'17"W, ALONG THE
EAST LINE OF THE SE1/4 OF THE NW1/4 OF SAID SECTION 31-79-26, 1,305.44 FT. TO THE
CENTER OF SAID SECTION 31-79-26; THENCE S01003'22"W, ALONG THE EAST LINE OF THE
NE1/4 OF THE SW1/4 OF SAID SECTION 31-79-26, 860.52 FT.; THENCE N89142'57"W, 1,320.15
FT. TO A POINT ON THE WEST LINE OF THE NE1/4 OF THE SW1/4 OF SAID SECTION 31-79-26;
THENCE N01005'55"E, ALONG THE WEST LINE OF THE NE1/4 OF THE SW1/4 OF SAID SECTION
31-79-26, 854.83 FT. TO THE NORTHWEST CORNER OF THE NE1/4 OF THE SW1/4 OF SAID
SECTION 31-79-26; THENCE N89057'48"W, ALONG THE SOUTH LINE OF THE SW1/4 OF THE
NW1/4 OF SAID SECTION 31-79-26, 660.98 FT.; THENCE N01003'33"E, 2,620.95 FT. TO A
POINT ON THE NORTH LINE OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 31-79-26;
13
THENCE N90000'00"E, ALONG THE NORTH LINE OF THE NW1/4 OF THE NW1/4 OF SAID
SECTION 31-79-26, 660.00 FT TO THE POINT OF BEGINNING, ALL OF SAID PARCEL BEING
LOCATED IN THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 31,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M,, DALLAS COUNTY, IOWA. SAID
PARCEL IS SUBJECT TO AN EXISTING PUBLIC ROAD EASEMENT ON THE NORTH 100.00 FT.
THEREOF (1.5153 ACRES) EXCEPT BEGINNING AT THE NE CORNER OF THE NW1/4 NW1/4 OF
SAID SECTION 31; THENCE S0016'34"W ALONG THE EAST LINE OF SAID NW1/4 NW1/4 OF SEC.
31, 194.81 FT; THENCE S89057'26"W, 661.11 FT.; THENCE NO°46'58"E, 192.13 FT. TO A POINT
ON THE NORTH LINE OF SAID SEC. 31; THENCE N89043'25"E ALONG SAID NORTH LINE, 659.43 FT. TO
THE POINT OF BEGINNING; and,
BEGINNING AT THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; THENCE N90000'00"E, ALONG THE NORTH
LINE OF THE NW1/4 OF THE NW1/4 OF SAID SECTION 31-79-26, 912.34 FT.; THENCE
SO1°03'33"W, 2,620.95 FT. TO A POINT ON THE SOUTH LINE OF THE SW1/4 OF THE NW1/4 OF
SAID SECTION 31-79-26; THENCE N89157'48"W, ALONG THE SOUTH LINE OF THE SW1/4 OF
THE NW1/4 OF SAID SECTION 31-79-26, 884.19 FT. TO THE WEST 1/4 CORNER OF SAID
SECTION 31-79-26; THENCE N 00126'36"E, ALONG THE WEST LINE OF THE NW1/4 OF SAID
SECTION 31-79-26, 2,620.02 FT. TO THE POINT OF BEGINNING. ALL OF SAID PARCEL BEING
LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 79 NORTH,
RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA. SAID PARCEL IS SUBJECT TO AN
EXISTING PUBLIC ROADWAY EASEMENT ON THE NORTH 100.00 FT. THEREOF (2.0932 ACRES)
EXCEPT BEGINNING AT THE NW CORNER OF SAID SEC. 31; THENCE N89143'25"E ALONG THE
NORTH LINE OF SAID SEC. 31, 911.55 FT.; THENCE S0046'58"W, 192.13 FT.; THENCE
S89057'26"W, 909.37 FT TO A POINT ON THE WEST LINE OF SAID SEC. 31; THENCE
N0008'15"E ALONG SAID WEST LINE, 188.39 FT. TO THE POINT OF BEGINNING; and,
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 79
NORTH, RANGE 27 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
BEGINNING AT THE WEST 1/4 CORNER OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST
OF THE 5TH P.M., DALLAS COUNTY, IOWA; THENCE S89057'48"E, ALONG THE NORTH LINE OF
THE NW1/4 OF THE SW1/4 OF SAID SECTION 31-79-26, 884.19 FT.; THENCE S01103'33"W,
1,312.92 FT TO A POINT ON THE SOUTH LINE OF THE NW1/4 OF THE SW1/4 OF SAID SECTION
31-79-26; THENCE N89°31'38"W, ALONG THE SOUTH LINE OF THE NW1/4 OF THE SW1/4 OF
SAID SECTION 31-79-26, 874.47 FEET TO THE SOUTHWEST CORNER OF THE NW1/4 OF THE
SW1/4 OF SAID SECTION 31-79-26; THENCE N00038'13"E, ALONG THE WEST LINE OF THE
NW1/4 OF THE SW1/4 OF SAID SECTION 31-79-26, 1,306.12 FT TO THE POINT OF BEGINNING.
ALL OF SAID PARCEL BEING LOCATED IN THE NW1/4 SW1/4 OF SECTION 31, TOWNSHIP 79
NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
Beginning at the Southeast corner of the Northwest Quarter of the Southwest Quarter of Section
Thirty-one (31), Township Seventy-nine (79) North, Range Twenty-six (26) West of the 5th P.M.,
Dallas County, Iowa; thence N 89031'38" W along the South line of the NW 1/4 of the SW 1/4 of
said Section 31-79-26, 660.00 feet; thence N 01003'33" E, 1312.92 feet to a point on the North
line of the NW 1/4 of SW 1/4 of said Section 31-79-26; thence S 89°57'48" E, along the North
line of the NW 1/4 of the SW 1/4 of said Section 31-79-26, 660.98 feet to the Northeast corner of
the NW 1/4 of the SW 1/4 of said Section 31-79-26; thence S 01105'55" W, along the East line of
the NW 1/4 of the SW 1/4 of said Section 31-79-26, 1317.96 feet to the point of beginning. All of
said parcel being part of the Northwest Quarter of the Southwest Quarter of Section 31,
Township 79 North, Range 26 West of the 5th P.M., Dallas County, Iowa; and,
14
THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; EXCEPT PARCEL A AS SHOWN ON THE PLAT
OF SURVEY RECORDED IN BOOK 2002, AT PAGE 14752; and,
THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW '/a), EXCEPT A PARCEL
OF LAND LOCATED IN THE NE 1/4 NW 1/4 OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NW CORNER OF THE NE 1/4 NW 1/4 OF SAID SECTION 31;
THENCE N 89043'25" E ALONG THE NORTH LINE OF SAID SECTION 31, 1,193.34 FEET TO THE
N 1/4 CORNER OF SAID SECTION 31; THENCE S 0016'34" W ALONG THE EAST LINE OF THE NW
1/4, 199.67 FEET; THENCE S 89057'26" W, 1002.08 FEET, THENCE S 0002'34" E, 39.37 FEET;
THENCE S 89057'26" WEST, 191.44 FEET TO A POINT ON THE WEST LINE OF THE NE 1/4 NW 1/4
OF SAID SECTION 31; THENCE N 0016'34" E ALONG SAID WEST LINE, 234.18 FEET TO THE
POINT OF BEGINNING; and,
THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4), EXCEPT THE
SOUTH 466.70 FEET OF THE NORTH 541.70 FEET OF THE EAST 496.70 FEET OF THE NE 1/4 OF
SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY,
IOWA, ALL OF WHICH IS MORE ACCURATELY DESCRIBED AS FOLLOWS: COMMENCING AT THE
NE CORNER OF SAID SECTION 31, THENCE S 0.00' E, ALONG THE EAST LINE OF THE NE 1/4 OF
SAID SECTION 31, 75.0 FEET, TO THE POINT OF BEGINNING, THENCE CONTINUING S 0-00' E,
ALONG THE EAST LINE OF THE NE 1/4 OF SAID SECTION 31, 466.70 FEET, SAID EAST LINE OF
THE NE 1/4 OF SAID SECTION 31 IS PARALLEL WITH AND 10.0 FEET WEST OF THE CENTER
LINE OF AN EXISTING NORTH SOUTH COUNTY ROAD, AS IT IS PRESENTLY ESTABLISHED,
THENCE S 89001' W, 496.70 FEET; THENCE N 0°00' E, 466.70 FEET TO A POINT THAT IS ON
THE SOUTH RIGHT-OF-WAY LINE OF U.S, HIGHWAY NO. 6, AS IT IS PRESENTLY ESTABLISHED,
THENCE N 89001' E, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY NO. 6,
496.70 FEET, TO THE POINT OF BEGINNING. AND EXCEPT A PARCEL OF LAND IN THE NE 1/4 NE
1/4 OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE
CORNER OF SAID SECTION 31; THENCE S 89041'48" W ALONG THE NORTH LINE OF SAID
SECTION 31, 496.70 FEET TO THE POINT OF BEGINNING, THENCE S 0°29'46" W, 205.42 FEET;
THENCE S 89009'34" W, 887.13 FEET; THENCE N 0023'11" E, 213.74 FEET TO A POINT ON SAID
NORTH LINE OF SECTION 31; THENCE N 89041'48" E ALONG SAID NORTH LINE, 887.38 FEET
TO THE POINT OF BEGINNING; and,
THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4), EXCEPT A
PARCEL OF LAND IN THE NW 1/4 NE 1/4 OF SECTION 31-79-26 OF THE 5TH P.M,, DALLAS
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE N 1/4
CORNER OF SAID SECTION 31; THENCE N 89059'35" E, ALONG THE NORTH LINE OF SAID
SECTION 31, 1384.08 FEET; THENCE S 0023'11" W, 213.74 FT.; THENCE N 89159'35" W, 755.20
FT.; THENCE N 89023'41" W, 628.42 FT., TO A POINT ON THE WEST LINE OF THE NW 1/4 NE
1/4 OF SAID SECTION 31; THENCE N 0016'34" E, ALONG SAID WEST LINE, 199.67 FT TO THE
POINT OF BEGINNING; AND THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST
QUARTER (NE 1/4) ALL IN SECTION THIRTY-ONE (31), TOWNSHIP SEVENTY-NINE (79) NORTH,
RANGE TWENTY-SIX (26) WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA; and,
THE SOUTHWEST QUARTER (SW1/4) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION 31,
TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA.
15
Exhibit "B"
Development Concept
PROJECT MORCAN CAMPUS
16
CGRGAN