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HomeMy WebLinkAbout2005-08-01-Ordinance 2524_Rezoning, Williams Pointe IIORDINANCE NO.2524 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,lOW A,BY RE-ZONING AND CHANGING CERTAIN PROPERTY THEREIN FROM M-I [LIGHT INDUSTRIAL DISTRICT]TO R-3 [RENTAL MULTI-FAMILY RESIDENTIAL DISTRICT],R-3A [OWNER-OCCUPIED MULTI- FAMILY RESIDENTIAL DISTRICT],R-2 [ONE AND TWO FAMILY RESIDENTIAL DISTRICT],R-4 [ROW DWELLING AND TOWNHOME DISTRICT],AND C-I [COMMUNITY AND HIGHWAY SERVICE COMMERCIAL DISTRICT];AND THEN TO PD-I [PLANNED DEVELOPMENT OVERLAY DISTRICT];AND AMEND THE OFFICIAL ZONING MAP TO SHOW RE-ZONING. 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, adopting the Official Zoning Map,is hereby amended by changing the following land from M-I (Light Industrial District),legally described as follows: THE EAST ONE-HALF OF THE NORTHWEST QUARTER (E Yz NW Y.)AND THE WEST ONE-HALF OF THE NORTHWEST QUARTER (W Yz NW Y.)OF SECTION THIRTY-FNE (35)TOWNSHIP SEVENTY-NINE (79)NORTH,RANGE TWENTY-SIX (26)WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA,EXCEPT A TRACT OF LAND LOCATED IN THE WEST ONE-HALF OF THE NORTHWET QUARTER (W Yz NW Y.)OF SECTION 35, TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA, COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION,WHICH IS THE POINT OF BEGINNING;THENCE EAST ALONG THE NORTH SECTION LINE A DISTANCE OF 660 FEET;THENCE SOUTH ON A LINE 660 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTHWEST QUARTER (NW Y.)OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,A DISTANCE OF 1080 FEET;THENCE WEST ON A LINE 1080 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SECTION 35,TOWNHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M., TO A POINT WHERE SAID LINE INTERSECTS THE WEST LINE OF SAID SECTION; THENCE NORTH ON SAID WEST SECTION LINE TO THE POINT OF BEGINNING, SUBJECT TO EASEMENTS AND ROADWAYS EXCEPT A TRACT OF LAND IN SECTION 35,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35;THENCE SoolO'15"E ALONG THE WEST LINE OF SAID SECTION 35,A DISTANCE OF 1681.28 FEET TO THE POINT OF BEGINNING;THENCE N90000'00"E 774.31 FEET;THENCE SoolO'15"E 961.63 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST Y.OF SAID SECTION 35;THENCE S89°54'12"W ALONG SAID SOUTH LINE 774.31 FEET TO THE WEST Y.CORNER OF SAID SECTION 35;THENCE NoolO'15"W 962.94 FEET TO THE POINT OF BEGINNING,ALL BEING IN AND FORMING APART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA CONTAINING 17.11 ACRES,MORE OR LESS AND EXCEPT A TRACT OF LAND IN SECTION 35,TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35;THENCE SooI0'15"E ALONG THE WEST LINE OF SAID SECTION 35,A DISTANCE OF 1080.00 FEET (RECORDED)I 079.88 FEET (MEASURED)TO THE POINT OF BEGINNING; THENCE N90000'00"E 774.31 FEET;THENCE SooI0'15"E 601.40 FEET;THENCE N90000'00"W 774.31 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 35; THENCE Nooi 0'15"W 601.40 FEET TO THE POINT OF BEGINNING,ALL BEING IN AND FORMING A PART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,CONTAINING 10.69 ACRES,MORE OR LESS AND EXCEPT A PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M.,NOW INCLUDED IN AND FORMING APART OF THE CITY OF WAUKEE,DALLAS COUNTY,lOW A,BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTH QUARTER CORNER;THENCE SOoo03'55"W,ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35,A DISTANCE OF 795.00 FEET;THENCE N89°51'22"W,A DISTANCE OF 551.00 FEET;THENCE NOoo03'55"E,A DISTANCE OF 795.00 FEET,TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35,THENCE S89°51 '22"E,ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35,A DISTANCE OF 551.00 FEET,TO THE POINT OF BEGINNING, CONTAINING 10.0561 ACRES MORE OR LESS,SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD AND EXCEPT COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 35;THENCE SOoo03'55"W,A DISTANCE OF 795.00 FEET; THENCE CONTINUING SOoo03'55"W A DISTANCE OF 158.11 FEET;THENCE N89°51'22"W A DISTANCE OF 551.00 FEET;THENCE NOoo03'55"E A DISTANCE OF 158.11 FEET;THENCE S89°51 '22"E A DISTANCE OF 551.00 FEET TO THE POINT OF BEGINNING,CONTAINING 2.0 ACRES MORE OR LESS,THE NORTH LINE OF THE NW Y.OF SECTION 35-T79N-R26W IS ASSUMED TO BEAR S89°51 '22"E,SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. To R-4 (Row Dwelling and Townhome District),legally described as follows: APART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,IN THE CITY OF W AUI<EE, DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 35;THENCE SOUTH 89"44'41"EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, 774.48 FEET TO THE SOUTHEAST CORNER OF HICKMAN WEST INDUSTRIAL P ARIC PLAT II,AN OFFICIAL PLAT AND THE POINT OF BEGINNING;THENCE NORTH 00"10'36"EAST ALONG THE EASTERLY LINE OF SAID HICKMAN WEST INDUSTRIAL PARK PLAT II AND ALONG HICKMAN WEST INDUSTRIAL PARK PLAT I,AN OFFICIAL PLAT 1255.70 FEET;THENCE SOUTH 89"52'00"EAST,637.65 FEET;THENCE EASTERLY ALONG A CURVE CONCA VB SOUTHERLY WHOSE RADIUS IS 1000.00 FEET,WHOSE ARC LENGTH IS 302.04 FEET AND WHOSE CHORD BEARS SOUTH 81 "12'50"EAST, 300.89 FEET;THENCE SOUTH 72°33 '40"EAST,126.24 FEET;THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 600.00 FEET,WHOSE ARC LENGTH IS 182.51 FEET AND WHOSE CHORD BEARS SOUTH 81°16'31"EAST, 181.80 FEET;THENCE SOUTH 1"28'16"WEST,962.47 FEET;THENCE SOUTH 88"31 '44" EAST,72.28 FEET;THENCE SOUTHERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 200.00 FEET,WHOSE ARC LENGTH IS 134.27 FEET AND WHOSE CHORD BEARS SOUTH 19"13 '59"WEST,131.76 FEET;THENCE SOUTH 00"00'00"EAST,59.96 FEET TO THE SOUTH LINE OF SAID NORTHWEST QUARTER;THENCE NORTH 89"44'41"WEST ALONG SAID SOUTH LINE,1243.17 FEET I 1 I TO THE POINT OF BEGINNING AND CONTAINING 34.79 ACRES (1,515,336 SQUARE FEET). And to R-2 (One and Two Family Residential District),legally described as follows: APART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,IN THE CITY OF WAUKEE, DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER;THENCE NORTH 89°44'41"WEST ALONG THE SOUTH LTh'E OF SAID NORTHWEST QUARTER, 624.60 FEET;THENCE NORTH 00°00'00"EAST,59.96 FEET;THENCE NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 200.00 FEET, WHOSE ARC LENGTH IS 134.27 FEET AND WHOSE CHORD BEARS NORTH 19°13'59" EAST,131.76 FEET;THENCE NORTH 88°31'44"WEST,72.28 FEET;THENCE NORTH 1°28'16"EAST,962.47 FEET;THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS IS 600.00 FEET,WHOSE ARC LENGTH IS 446.38 FEET AND WHOSE CHORD BEARS NORTH 68°41 '52"EAST,436.15 FEET;THENCE NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 300.00 FEET,WHOSE ARC LENGTH IS 224.57 FEET AND WHOSE CHORD BEARS NORTH 68°49'48"EAST,219.37 FEET;THENCE SOUTH 89°43'30"EAST,24.48 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER;THENCE SOUTH 00°16'30"WEST CONTINUING ALONG SAID EAST LINE,1388.73 FEET TO THE POINT OF BEGINNING AND CONTAINING 18.48 ACRES (804,895 SQUARE FEET). And to R-3 (Rental Multi-Family Residential District),legally described as follows: APART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN,IN THE CITY OF WAUKEE, DALLAS COUNTY,IOWA,MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 00°16'30"WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER,953.05 FEET TO THE SOUTHEAST CORNER OF PARCEL "A"IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER SAID SECTION 35 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2003,PAGE 12376;THENCE CONTINUING SOUTH 00°16'30"WEST ALONG SAID EAST LINE,297.92 FEET;THENCE NORTH 89°43 '30"WEST,24.48 FEET;THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 300.00 FEET,WHOSE ARC LENGTH IS 224.57 FEET AND WHOSE CHORD BEARS SOUTH 68°49'48"WEST,219.37 FEET; THENCE WESTERLY ALONG A CUR VE CONCAVE NORTHERLY WHOSE RADIUS IS 600.00 FEET,WHOSE ARC LENGTH IS 628.88 FEET AND WHOSE CHORD BEARS SOUTH 77°24'43"WEST,600.49 FEET;THENCE NORTH 72°33'40"WEST,126.24 FEET;THENCE NORTHWESTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 1000.00 FEET,WHOSE ARC LENGTH IS 302.04 FEET AND WHOSE CHORD BEARS NORTH 81 °12'50"WEST,300.89 FEET;THENCE NORTH 89°52'00"WEST,637.65 FEET TO THE EAST LINE OF HICKMAN WEST INDUSTRIAL P ARK PLAT I,AN OFFICIAL PLAT; THENCE NORTH 00°10'36"EAST ALONG SAID EAST LINE,307.37 FEET TO THE NORTHEAST CORNER OF SAID HICKMAN WEST INDUSTRIAL PARK PLAT I;THENCE NORTH 89°38'17"WEST ALONG THE NORTH LINE OF SAID HICKMAN WEST INDUSTRIAL PARK PLAT I,A DISTANCE OF 114.27 FEET;THENCE NORTH 00°11 '03" EAST,126.67 FEET;THENCE SOUTH 89°38'59"EAST,1984.93 FEET TO THE POINT OF BEGlNNING AND CONTAINING 19.51 ACRES (849,895 SQUARE FEET). And to R-3A (Owner-Occupied Multi-Family Residential District),legally described as follows: APART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRlNCIP AL MERIDIAN,IN THE CITY OF WAUKEE, DALLAS COUNTY,IOWA,MORE PARTICULARLYDESCRlBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 00°16'30"WEST ALONG THE EAST LlNE OF SAID NORTHWEST QUARTER,953.05 FEET TO THE SOUTHEAST CORNER OF PARCEL "A"IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER SAID SECTION 35 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2003,PAGE 12376;THENCE CONTlNUlNG SOUTH 00°16'30"WEST ALONG SAID EAST LlNE,297.92 FEET;THENCE NORTH 89°43'30"WEST,24.48 FEET;THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 300.00 FEET,WHOSE ARC LENGTH IS 224.57 FEET AND WHOSE CHORD BEARS SOUTH 68°49'48"WEST,219.37 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS 600.00 FEET,WHOSE ARC LENGTH IS 628.88 FEET AND WHOSE CHORD BEARS SOUTH 77°24'43"WEST,600.49 FEET;THENCE NORTH 72°33'40"WEST,126.24 FEET;THENCE NORTHWESTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 1000.00 FEET,WHOSE ARC LENGTH IS 302.04 FEET AND WHOSE CHORD BEARS NORTH 81 °12'50"WEST,300.89 FEET;THENCE NORTH 89°52'00"WEST,637.65 FEET TO THE EAST LlNE OF HICKMAN WEST INDUSTRIAL PARK.PLAT I,AN OFFICIAL PLAT; THENCE NORTH 00°10'36"EAST ALONG SAID EAST LINE,307,37 FEET TO THE NORTHEAST CORNER OF SAID HICKMAN WEST fND US TRIAL P ARK PLAT I;THENCE NORTH 89°38'17"WEST ALONG THE NORTH LINE OF SAID HICKMAN WEST INDUSTRIAL PARK PLAT I,A DISTANCE OF 114,27 FEET;THENCE NORTH 00°11'03" EAST,126.67 FEET;THENCE SOUTH 89"38'59"EAST,1984.93 FEET TO THE POINT OF BEGlNNING AND CONTA1NING 19.51 ACRES (849,895 SQUARE FEET). And to C-l (Community and Highway Service Commercial District),legally described as follows: APART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE FIFTH PRlNCIP AL MERIDIAN,IN THE CITY OF WAUKEE, DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 89°38'24"EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER,660.00 FEET TO THE POINT OF BEGlNNlNG;THENCE CONTlNUlNG SOUTH 89°38'24"EAST ALONG SAID NORTH LlNE,1435.44 FEET TO THE NORTHWEST CORNER OF PARCEL "A"IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER SAID SECTION 35 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2003,PAGE 12376;THENCE SOUTH 00°16'55"WEST ALONG THE WEST LINE OF SAID PARCEL "A",953.12 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL "A"; THENCE NORTH 89°38'59"WEST,1433.82 FEET;THENCE NORTH 00°11 '03"EAST,953.36 FEET TO THE POINT OF BEGlNNING AND CONTAINING 31.39 ACRES (1,367,544 SQUARE FEET). And then rezoning from the above legally described R-4 (Row Dwelling and Townhome District),the above legally described R-2 (One and Two Family Residential District),the above legally described R- I } I 3 (Rental Multi-Family Residential District),the above legally described R-3A (Owner-Occupied Multi-Family Residential District),and the above legally described C-l (Community and Highway Service Cormnercial District)to PD-l (Planned Development Overlay District),legally described as follows: THE EAST ONE-HALF OF THE NORTHWEST QUARTER (E Y,NW y,,)AND THE WEST ONE-HALF OF THE NORTHWEST QUARTER (W Yz NW y,,)OF SECTION THIRTY-FIVE (35)TOWNSHIP SEVENTY-NINE (79)NORTH,RANGE TWENTY-SIX (26)WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA,EXCEPT A TRACT OF LAND LOCATED IN THE WEST ONE-HALF OF THE NORTHWET QUARTER (W Y,NW y,,)OF SECTION 35, TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,DALLAS COUNTY,IOWA, COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION,WHICH IS THE POINT OF BEGINNING;THENCE EAST ALONG THE NORTH SECTION LINE A DISTANCE OF 660 FEET;THENCE SOUTH ON A UNE 660 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTHWEST QUARTER (NW y,,)OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,A DISTANCE OF 1080 FEET;THENCE WEST ON A LINE 1080 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SECTION 35,TOWNHIP 79 NORTH,RANGE 26 WEST OF THE 5TH PM., TO A POINT WHERE SAID LINE INTERSECTS THE WEST LINE OF SAID SECTION; THENCE NORTH ON SAID WEST SECTION LINE TO THE POINT OF BEGINNING, SUBJECT TO EASEMENTS AND ROADWAYS EXCEPT A TRACT OF LAND IN SECTION 35,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35;THENCE SoolO'15"E ALONG THE WEST LINE OF SAID SECTION 35,A DISTANCE OF 1681.28 FEET TO THE POINT OF BEGINNING;THENCE N90000'00"E 774.31 FEET;THENCE SoolO'15"E 961.63 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST y"OF SAID SECTION 35;THENCE S89°54'12"W ALONG SAID SOUTH LINE 774.31 FEET TO THE WEST y"CORNER OF SAID SECTION 35;THENCE Noo10'15"W 962.94 FEET TO THE POINT OF BEGINNING,ALL BEING IN AND FORMING APART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA CONTAlNlNG 17.11 ACRES,MORE OR LESS AND EXCEPT A TRACT OF LAND IN SECTION 35,TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M"MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35;THENCE SoolO'15"E ALONG THE WEST LINE OF SAID SECTION 35,A DISTANCE OF 1080.00 FEET (RECORDED)1079,88 FEET (MEASURED)TO THE POINT OF BEGINNING;THENCE N90000'00"E 774.31 FEET;THENCE so-re:15"E 601.40 FEET;THENCE N90000'00"W 774.31 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 35;THENCE Noo10'15"W 601.40 FEET TO THE POINT OF BEGINNING,ALL BEING IN AND FORMING APART OF THE CITY OF WAUKEE,DALLAS COUNTY,IOWA,CONT AlNlNG 10.69 ACRES,MORE OR LESS AND EXCEPT A PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,NOW INCLUDED IN AND FORMING APART OF THE CITY OF WAUKEE, DALLAS COUNTY,IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER;THENCE SOoo03'55"W,ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35,A DISTANCE OF 795.00 FEET;THENCE N89°51 '22"W,A DISTANCE OF 551.00 FEET;THENCE NOoo03'55"E,A DISTANCE OF 795.00 FEET,TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35,THENCE S89°51 '22"E,ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35,A DISTANCE OF 551.00 FEET,TO THE POINT OF BEGINNING,CONTAINING 10.0561 ACRES MORE OR LESS,SUBJECT TO ALL EASEMENTS AND RESTRlCTIONS OF I RECORD AND EXCEPT COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 35;THENCE SOoo03'55"W,A DISTANCE OF 795.00 FEET;THENCE CONTINUING SOoo03'55"W A DISTANCE OF 158.11 FEET;THENCE N89°51 '22"W A DISTANCE OF 551.00 FEET;THENCE NOoo03'55"E A DISTANCE OF 158.11 FEET; THENCE S89°51 '22"E A DISTANCE OF 551,00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.0 ACRES MORE OR LESS,THE NORTH LINE OF THE NW Y.OF SECTION 35-T79N-R26W IS ASSUMED TO BEAR S89°51 '22"E,SUBJECT TO ALL EASEMENTS AND RESTRlCTIONS OF RECORD. Also known as a parcel to be known as Williams Pointe II. Section 2.Repealer,All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3.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 4.Effective Date.This ordinance shall be in effect upon its final passage,approval and publication as provided by law. Passed by the City Council of the City of Waukee,Iowa,this 1st day of August 2005,and approved 1 this 1st day of August 2005. )