HomeMy WebLinkAbout2009-05-18-Resolutions 09-121_South Area Trunk Sewer - Agr - VariousTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-121
AFPROV AL OF AGREEMENT AND PAYMENTS THEREUNDER CONCERNING THE
SOUTH AREA TRUNK SEWER PROJECT
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,the City entered into agreements with Frank and Melba Scaglione,West Central Auto
Auction,Inc.,and Charles Gabus on June 2,2003,which provided for payment of certain costs by said
property owners for the completion of a sanitary sewer project benefiting their properties;AND,
WHEREAS,as a result of the City participating in the Waste Water Reclamation Authority (WRA)
and entering into agreements to cause the installation of sewer infrastructure to collect the City's waste
water for treatment by the WRA alternative less expensive means of treatment are available as it
pertains to the property owned by the foregoing parties and the City is able to use the infrastructure
previously installed under those agreements to convey waste water from the City Treatment Plant to
the WRA as long as capacity in said line permits;AND,
WHEREAS,in light of the change in circumstances as it relates to City sanitary sewer treatment it is
in the best interest of the City to rescind and replace the agreement of June 2,2003 with a substituted
agreement which is attached hereto as Exhibit A;AND,
BE IT THEREFORE RESOLVED by the City Council of the City of Waukee on this the 18th day of
May,2009 that the agreement should be and the same is hereby approved.The Mayor is authorized to
execute the same on behalf of the City.Upon execution of the agreement by all parties,the payments
contemplated there under are approved and authorized.
Attest:
ooistra,City Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,J1'.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN
EXHIBIT A
AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Waukee,
Iowa (hereinafter referred to as the "City"),Frank Scaglione,West Central Auto Auction,Inc.and
Fox Glenn Estates No.I,LLC (hereinafter,together with successors-in-interest,to be collectively
referred to as the "Property Owners");and
WHEREAS,Fox Glenn Estates No.I,LLC is the successor in interest to Charles H.
Gabus,the prior party to a Petition,Contract and Waiver executed by Charles H.Gabus who had
executed said document on behalf of the owner the land which was the subject of said document.
Fox Glenn Estates No.I,LLC is also the owner of additional land which is also the subject of this
agreement;and
WHEREAS,the City has constructed certain sanitary sewer improvements in the
right-of-way of Dallas County Road R-22 ("R-22")during the calendar year 2003 (the "2003
Improvements")in conjunction with Property Owners pursuant to a Petition,Contract and Waiver
executed by Property Owners and approved by the City Council of the City of Waukee by resolution
dated June 2,2003 (the "Agreements");and
WHEREAS,the City and the Property Owners foresaw the need for further sanitary
sewer improvements in the R-22 right-of-way in the future as development and growth occurred
upon the request by the Property Owners to the City pursuant to the terms and conditions of the
Agreements;and
WHEREAS,some of the Property Owners have requested that the City construct the
future improvements contemplated in the Agreements and the Property Owners have further agreed,
in exchange for the matters set forth herein,to convey any and all interest they may have acquired by
virtue of the Agreements and the 2003 R-22 Sanitary Sewer Project and additional improvements;
and
WHEREAS,the Property Owners are the owners of tracts of real estate legally
described in Exhibit A attached hereto (the "Land")and will receive specific benefit from the
construction of the Future lmprovements contemplated in the Agreements;and
WHEREAS,the future improvements contemplated under the Agreements must be
completed in order to service the area both now and in the future;and
WHEREAS,the parties seek to change the scope of the project relative to the future
improvements contemplated under the Agreements to better suit the future needs of the City and to
more efficiently provide sanitary sewer available for connection by property owners as generally
described in Exhibit B which is incorporated .herein by this reference (hereinafter referred to as the
"project")and defer paymentfor the property owners'share of the costs of the said improvement as
their property develops in the form ofa connection fee;and
WHEREAS,the Agreements contemplated the assessment of the cost to the Property
Owners for the installation of future improvements which were contemplated under said Agreements
which are intended to be superseded by "Virtueof'this Agreement.
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NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL PROMISES AND
COMMITMENTS HEREIN,RECIEPT AND SUFFICIENCY OF.WHICH IS ACKNOWLEDGED
BY THE PARTIES HERETO,IT IS AGREED AS FOLLOWS:
A.UNDERSTANDING OF THE PARTIES:
I.The Agreements are substituted in their entirety with this Agreement and shall have no
further effect and the terms or provisions of any agreement between the City and the parties hereto,
dated prior to the date of this Agreement,that are in conflict with any provision herein,are
superseded and modified by this agreement terms.The parties agree that,with respect to the
agreement identified as the "PreAnnexation Agreement"entered into between the City of Waukee
and Melba and Frank Scaglione,dated on or about July 21,2000,the provision therein that states that
"the Subject Property will be re-zoned from A-I District to a Commercial District within the City of
Waukee"shall not be affected,in any manner,by the terms of this Agreement.
2.The Property Owners convey and assign any and all interest they have or may have
acquired in the sanitary sewer improvements installed prior to this Agreement in the R-22 right-of-
way contemplated by virtue of the Agreements being generally described as 12"Force Main in
exchange for payment by the City to Property Owners in the sum of:1)$76,465.00 for Scaglione;2)
$19,804.00 for West Central Auto Auction,Inc.;and 3)$67,113.00 for Fox Glenn Estates No.I,
LLC.All payments shall be made by cashier's check upon execution of this Agreement by all
parties.To the extent that any such improvement lies on land owned by Property Owners,an
easement will be prepared by the City and executed and delivered by Property Owners to the City,at
no additional cost,in a form to be approved by the City Attorney and the Property Owners.
3.The City will install the improvements in this project specifically detailed in Exhibit
B attached hereto,subject to the payment by Property Owners,payable no sooner than the time of
platting,of any and all connection fees established,in the sole discretion of the City,for any and all
costs incurred by the City in advancement,including,but limited to,those costs for legal,design,
engineering,construction installation,labor and materials for the project,in an amount not to exceed
$1,350.00 per acre plus any and all connection fees imposed by the City of Waukee for WRA
costs/connection fees now or in the future.The connection fees contemplated herein are applicable to
connections io the project however if connection to the project is undertaken through utilization of
other city infrastructure for which the costs are recovered through connection fees additional
connection fees maybe imposed by the City.The applicable sewer related connections fees due at the
time of platting shall be computed only for the gross acres platted.
B.PROPERTY OWNERS AGREEMENT:
I.The Property Owners will be responsible for constructing all necessary sewer
infrastructure on the Land and extensions from the land to the proj ect and will pay and bear .all costs
associated therewith.
2.In order to induce the completion of the initial phases of the project by the City,so as
to make the property more suitable for development and more marketable,Property Owners have
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previously paid unto the City the sum of $129,419.84 for Scaglione and West Central Auto Auction,
$113,728.00 for Fox Glenn Estates No.I,LLC,for their share of the previous project costs,receipt of
which is hereby acknowledged.
3.The Property Owners convey and assign any and all interest they have or may have
acquired in the sanitary sewer improvements installed prior to this Agreement in the R-22 right-of-
way contemplated by virtue of the Agreements,said improvements being generally described as 12"
Force Main,in exchange for payment by the City to Property Owners Scaglione (in the sum of
$76,465.00),West Central Auto Auction,Inc.(in the sum of $19,804.00)and for Fox Glenn Estates
No.T,LLC (in the sum of$67,113.00).To the extent that any such improvement lies on land owned
by Property Owners,an easement will be prepared by the City and provided to the City by Property
Owners,at no additional cost,in a form to be approved by the City Attorney and Property Owners.
4.Property Owners,in order to induce the completion of the project by the City,so as to
extend sewer to the Land in the manner depicted as the project,and make the Land more suitable for
development and more marketable,Property Owners ask that a connection fee be established setting
a fee for the equitable costs of extending the sewer to the property in the manner described generally
herein,payable,upon connection either directly or indirectly,to the project improvements that are the
subject of this agreement as determined by the City Council of the City of Waukee.Property Owners
request a connection fee equal to the total costs for the project as computed by the City under
paragraph A(3)divided by the number of acres included in the connection fee district established by
the City Council of the City of Waukee which shall include at least the area depicted on the attached
map marked exhibit C of this agreement,but in no event shall the fee exceed $1,350.00 per acre on
the land.The connection fees contemplated herein are applicable to connections to the project
however if connection to the project is undertaken through utilization of other city infrastructure for
which the costs are recovered through connection fees imposed by the City as allowed by law,
additional connection fees may be charged to property owner.The connection fee shall be in an
amount equal to the maximum acre area of contiguous property,or fraction thereof,including,but
not limited,to the property that may be used or dedicated by/to the public such as parkland,rights of
way and easements,within the connection fee district,under such ownership,to provide sanitary
sewer service to the property,in accordance with the terms of this Agreement,unless and until the
City disincorporates pursuant to Iowa law.Said fee shall accrue annual interest in an amount to be
determined by the City Council,in its sole discretion as determined by the City Council of the City of
Waukee.
5.For a period of 10 years from the execution of this agreement by all parties hereto,
said connection fee shall be the only connection fee for sanitary sewer payable by property owners to
the City for connection of the land to the project now or during said period with the exception of the
applicable WRA connection fee.Thereafter the City shall not be restricted under this agreement
relative to connection fees it may impose for future improvements it may undertake.Nothing in this
provision shall limit or excuse property owners from paying any and all sewer rates or charges
imposed upon other users within the City.
The foregoing notwithstanding,during said ten year limitation period and ,thereafter,if
connection to the project is undertaken by property owner through utilization of other city
infrastructure for which the City's costs are recovered through connection fees as allowed by law
additional connection fees may be charged to property owner.
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6.Property Owners waive any objections to the legality or method of computation,
establishment or levy of the $1,350 connection fee plus interest for the project established by the City
under paragraph A3 and B4 of this agreement and agrees to pay the $1,350 connection fee plus
interest without protest or objection of any kind.
7.The Agreements are substituted in their entirety with this Agreement and shall have no
further effect and the terms or provisions of any agreement between the City and the parties hereto in
conflict with the any provision herein are superseded and modified by this agreements terms.
8.This Agreement shall run with the land and inure to the benefit of and be binding
upon the successors in interest and assigns of Property Owners who acquire a property interest in the
land or a portion thereof to the extent of their interest in the land.
C.CITY COVENANTS:
1.The City will accept the conveyance and assigrnnent of Property Owners'
improvements installed prior to this Agreement in the R -22 right -of-way undertaken pursuant and as
part of the Agreements.Said improvements are generally described as 12"Force Main.To the
extent that any such improvement lies on land owned by Property Owners,Property Owners will
deliver a Sanitary Sewer Easement which will be prepared by the City and executed and delivered by
Property Owners to the City,at no additional cost,in a form to be approved by the City Attorney and
the Property Owners in connection with final plat approvals since July of 2005.
2.The City will install the improvements in this project generally described in Exhibit B
attached hereto,subject to the obligations ofthe Property Owners contemplated and provided herein.
3.The Scaglione and West Central Auto Auction Land jointly shall have available to it
up to 0.44 MGD of guaranteed,nonexclusive sanitary sewer capacity available for its use upon
development of any portion of the Land upon connection by the Land's owner to the project
undertaken by the City as depicted in Exhibit B.The Fox Glenn Estates No.I,LLC lands shall have
up to .75 MGD of guaranteed,nonexclusive sanitary sewer capacity available for its use upon
development of any portion of the Land upon connection of the Land's owner to the project
undertaken by the City as depicted in Exhibit B.
4.The City agrees that the Land shall not be subject to special assessment by the City
after the date of the Agreement for any sanitary sewer projects that are not described in and covered
by this Agreement for a period of 10 years from the date of execution of this agreement by all parties.
5.a.The City agrees that the existing facilities/uses located on the West Central
Auto Auction property bas already paid for any connection fee and no new connections from the
existing facilities shall be required to pay any additional connection fees unless the facilities use
changes from their present use or said facilities are altered,modified or converted.
b.The City agrees that Fox Glenn Estates No.I,LLC bas already paid for
any connection fee that would be required for the easterly 300 feet of the property described in
Exhibit C (that portion directly adjacent to the Road known as R-22)attached hereto (the Fox Glenn
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property)so long as the peak capacity requirements of structures constructed within said land area do
not exceed .02 MGD.
D.THE GENERAL PROVISIONS:
1.Each party warrants and represents that the execution,delivery and performance by it
of its respective obligations under this Agreement (i)do not contravene any law or any contractual
provision binding on it and (ii)do not require any consent or approval of any person or governmental
authority except such consents and approvals as have been obtained are in full force and effect.
2.Each party warrants and represents that this Agreement constitutes a legal,valid and
binding obligation and is enforceable in accordance with its terms.
3.Each party warrants and represents that it has not assigned or otherwise transferred
(voluntarily or involuntarily)in any manner any claim of any kind relating to the subject matter of
this Agreement and that the parties have the authority to execute this Agreement.
4.This Agreement is the sole,only,entire,and complete agreement ofthe parties with
regard to the matters set forth herein.The recitals set forth above and the exhibits hereto are
incorporated herein.No statements,promises or representations have been made by any party to
another,or are relied upon,and no consideration has been or is offered,promised,expected or held
out,other than that constituted by this Agreement,unless contained in a separate writing,signed by
the obligating parties.No conditions precedent to the effectiveness of this Agreement exists,other
than as may be expressly provided herein.
5.This Agreement may only be modified in writing signed by all of the parties hereto.
No conduct or inaction on the part of the parties shall be construed as a waiver or relinquishment of
any rights of the parties pursuant to this Agreement.No waiver of any breach of any term or
provision of this Agreement shall be construed to be,or shall be,a waiver of any other breach of this
Agreement.No waiver shall be binding unless in writing and signed by the party waiving the breach.
6.In the execution of this Agreement,and the negotiations leading thereto,each party
was represented by counsel of its own selection.Prior to the execution of this Agreement by each
party,the party's attorney received this Agreement and advised the party with respect to the
advisability of making the agreements provided herein and of executing this Agreement.Counsel for
the Parties have participated in the preparation of this Agreement.This Agreement was subject to
revision and modification by all parties and has been accepted and approved as to its final form by
counsel for all parties in consultation with their respective clients.Accordingly,any ambiguity
existing in this Agreement shall not be interpreted against any party asa result ofthe manner of the
preparation of this Agreement.
7.Should any provision of this Agreement be held invalid,illegal or unenforceable in
any respect by any court of competent jurisdiction,the remaining provisionsofthis Agreement shall
remainin full .force and effect to the maximum extent permitted by law.To the extent permitted by
law,the parties hereby to the same extent waive any provision oflaw that renders any provision
hereof prohibited or unenforceable in any respect.
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8.This Agreement shall be governed by Iowa law.In relation to any legal action or
proceeding arising out of or in connection with this Agreement,including,without limitation any
proceeding that may be brought in the Action,each of the parties irrevocably submits to the
nonexclusive jurisdiction of the Iowa District Court in and for Dallas County,Iowa,and other courts
with jurisdiction to hear appeals from such court.
'--.,~DATED as of J .......~~,2009.-----'=----'------------
THE CITY OF WAUKEE,IOWA PROPERTY OWNERS:
By:--/I,'IM~.:L;~~---
ATTEST:
By:-+::Jf41h--+------"~~'----_,__:_:_--'1.Kooistra,City Administrator
Melba L.Scaglione
WEST CENTRAL AUTO AUCTION,
INC.
/'4
By:--"L~~=~~.JV-~=------__
Gene Gabus,President
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EXHIBIT A -THE "LAND"
LEGAL DESCRIPTION OF THE PROPERTY OWNED BY FRANK SCAGLIONE:
Certain real property situated the City of Waukee,County of Dallas,State of Iowa legally
described as follows:
The Southeast \4 of the Southeast \4 and the Southwest Fractional \4 of the
Southeast \4 of Section 7,Township 78 North of Range 26 West of the 5th P.M.,
Dallas County,Iowa EXCEPT land deeded to the State of Iowa for Highway purposes
recorded in Book 442,Page 617 and part of NW NW N of 1-80 in Section 18,
Township 78,Range 26,
AND
LEGAL DESCRIPTION OF THE PROPERTY OWNED BY WEST CENTRAL AUTO
AUCTION,INC.:
Commencing at the Southwest Comer of Section 8,Township 78 North,
Range 26 West of the 5th P.M.,Dallas County,Iowa,thence North along the West
line of said Section 8,235.8 feet to the point of beginning;thence North along the
West line of said Section 8,1080.6 feet to the North line of Southwest Quarter of the
Southwest Quarter (SW \4 SW \4)of said Section 8;thence North 83°43 '00"East
along the North Line of said SW \4 SW \4,1269.7 feet to the West Right-of-way line
of County FAS Road No.2613;thence S 2°56'00"W along the West Right-of-Way
of said County Road 158.6 feet;thence S 9°11 '00"W along the West Right-of-way
line of Interstate Route 80,151.5 feet;thence S 00°17'00"E 150.0 feet;thence S
31 °40'W,146.5 feet;thence S 56°34'00"W 299.5 feet;thence S 63°24'00"W 252.7
feet;thence S 55°50'00"W 443.2 feet;thence S 70°33 '00"W 329.8 feet to the Point
of Beginning.
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LEGAL DESCRIPTION OF THE PROPERTY OWNED BY FOX GLENN ESTATES NO.
I,LLC:
PARCEL "A"
THE EAST 15 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 7;THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 7;AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 8,EXCEPT THE SOUTH 450 FEET OF THE NORTH 579 FEET OF THE EAST 500
FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER,AND EXCEPT
LEONARD'S SUBDIVISION;ALL IN TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5th
P .M.,WAUKEE,DALLAS COUNTY,IOWA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LEONARD'S SUBDIVISION PLAT 2,
AN OFFICIAL PLAT,WAUKEE,DALLAS COUNTY,IOWA AS SHOWN IN THE OFFICE OF
THE DALLAS COUNTY RECORDER AT SLIDE #509B,SAID CORNER ALSO BEING THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE.1/4)OF THE SOUTHEAST
QUARTER (SE.1/4)OF SECTION 7,TOWNSHIP 78 NORTH,RANGE 26 WEST OF THE 5th
P.M.,WAUKEE,DALLAS COUNTY,IOWA;THENCE N84°15'09"E (BEARING
ESTABLISHED IN THE PLAT OF SAID LEONARD'S SUBDMSION PLAT2)ALONG THE
SOUTH LINE OF SAID LEONARD'S SUBDIVISION PLAT 2 AND ALONG THE NORTH LINE
OF THE NE.1/4 OF THE SE.1/4 IN SAID SECTION 7,A DISTANCE OF 1319.72 FEET TO THE
SOUTHEAST CORNER LEONARD'S SUBDIVISION PLAT 2 AND TO THE WEST LINE OF
LOT 6 IN LEONARD'S SUBDIVISION,AN OFFICIAL PLAT,WAUKEE,DALLAS COUNTY,
IOWA,AND TO THE WEST QUARTER CORNER OF SECTION 8,TOWNSHIP 78 NORTH,
RANGE 26 WEST OF THE 5th P.M.,WAUKEE,DALLAS COUNTY,IOWA;THENCE
SOoo36'20"W ALONG THE WEST LINE OF SAID LOT 6 AND ALONG THE WEST LINE OF
THE NORTHWEST QUARTER (NW.1/4)OF THE SOUTHWEST QUARTER (SW.1/4)OF
SAID SECTION 8,A DISTANCE OF 124.25 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 6;THENCE N83°58'20"E ALONG THE SOUTH LINE OF SAID LOT 6,A DISTANCE OF
813.09 FEET TO THE NORTHWESTCORNER OYTHESOUTH 450 FEET OF THE NORTH
579 FEET OF THE EAST 500 FEET OF THE NW.1/4 OF THE SW.1/4·0F SAID SECTION 8;
THENCE SOoo4038"W ALONG THE WEST LINE OF SAID SOUTH 450 FEET OF THE NORTH
579 FEET OF THE EAST 500 FEET,A DISTANCE OF 450.00 FEET TO THE SOUTHWEST
CORNER OF SAID SOUTH 450 FEET OF THE NORTH 579 FEET OF THE EAST 500 FEET;
8
THENCE N83°49'53"E ALONG THE SOUTH LINE OF SAID SOUTH 450 FEET OF THE
NORTH 579 FEET OF THE EAST 500 FEET,A DISTANCE OF 500.00 FEET TO A POINT ON
THE WEST LINE OF LOT A IN HUNSBERGER PROPRIETOR PLAT ONE,AN OFFICIAL
PLAT,WAUKEE,DALLAS COUNTY,IOWA AND TO THE EAST LINE OF THE NW.I/4 OF
THE SW.I/4 OF SAID SECTION 8,SAID POINT BEING 238.92 FEET SOUTH OF THE
NORTHWEST CORNER OF SAID LOT A;THENCE SOoo41'49"W ALONG THE EAST LINE
OF THE NW.I/4 OF THE SW.I/4 OF SAID SECTION 8 AND ALONG THE WEST LINE OF
SAID LOT A,A DISTANCE OF 736.19 FEET TO THE SOUTHEAST CORNER OF THE NW.I/4
OF THE SW.1/4 OF SAID SECTION 8;THENCE S83°51'06"W ALONG THE SOUTH LINE OF
THE NW.I/4 OF THE SW.I/4 OF SAID SECTION 8,A DISTANCE OF 1311.52 FEET TO THE
SOUTHEAST CORNER OF THE NE.I/4 OF THE SE.1/4 OF SAID SECTION 7;THENCE
S84°01'16"W ALONG THE SOUTH LINE OF THE NE.I/4 OF THE SE.I/4 OF SAID SECTION
7,A DISTANCE OF 1319.98 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST
QUARTER (NW.I/4)OF THE SE.1/4 OF SAID SECTION 7;THENCE S84°01'16"W ALONG
THE SOUTH LINE OF THE NW.I/4 OF THE SE.I/4 OF SAID SECTION 7,A DISTANCE OF
499.52 FEET TO THE SOUTHWEST CORNER OF THE EAST 15 ACRES OF THE NW.1/4 OF
THE SE.1/4 OF SAID SECTION 7;THENCE NOoo35'26"E ALONG THE WEST LINE OF THE
EAST 15 ACRES OF THE NW.I/4 OF THE SE.I/4 OF SAID SECTION 7,A DISTANCE OF
1316.36 FEET TO THE NORTHWEST CORNER OF THE EAST 15 ACRES OF THE NW.1/4 OF
THE SE.I/4 OF SAID SECTION 7;THENCE N83°56'13"E ALONG THE NORTH LINE OF THE
NW.1/4 OF THE SE.I/4 OF SAID SECTION 7,A DISTANCE OF 499.60 FEET TO THE POINT
OF BEGINNING.
SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL
EASEMENTS OF RECORD.
SAID TRACT OF LAND CONTAINS 84.94 ACRES MORE OR LESS.
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PARCEL "B"
THE SOUTH WEST FRACTIONAL QUARTER OF THE NORTH EAST QUARTER IN
SECTION SEVEN (7)IN TOWNSHIP SEVENTY-EIGHT (78)NORTH,RANGE TWENTY-SIX
(26)WEST OF THE 5th P .M.,WAUKEE,DALLAS COUNTY,IOWA.
AND
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST
FRACTIONAL QUARTER OF THE SOUTHEAST FRACTIONAL QUARTER,THENCE SOUTH
80 RODS THENCE EAST 80 RODS THENCE NORTH 80 RODS THENCE WEST 80 ROD STO
PLACE OF BEGINNING,IN SECTION SEVEN (7)IN TOWNSHIP SEVENTY-EIGHT (78)
NORTH,OF RANGE TWENTY-SIX (26)WEST 5th P.M.DALLAS COUNTY,IOWA.
ALL OF WHICH IS MORE ACCURATELY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST FRACTIONAL
QUARTER OF SECTION SEVEN (7)IN TOWNSHIP SEVENTY-EIGHT (78)NORTH,RANGE
TWENTY-SIX (26)WEST OF THE 5th P.M.DALLAS COUNTY,IOWA;THENCE NOoo31'40"E
(BEARING BASIS ESTABLISHED ON PLAT OF SURVEY FILED IN BOOK 2005 AT PAGE
2463 IN THE OFFICE OF THE DALLAS COUNTY RECORDER)ALONG THE WESTLINE OF
THE NW.FRAC 1/4 OF SAID SECTION 7,A DISTANCE OF 1321.98 FEET TO THE
NORTHWEST CORNER OF THE SOUTH ONE-HALF (S.1/2)OF THE NW.FRAC.1/4 OF
SAID SECTION?;THENCEN84°11'00"EALONGTHENORTH LINE OF THE S.1/2 OF THE
NW.FRAC 1/4 OF SAID SECTION 7,A DISTANCE OF 507.21 FEET TO THE NORTHWEST
CORNER OF THE SOUTHWEST QUARTER (SW.1/4)OF THE NORTHEAST QUARTER (NE.
1/4)OF SAID SECTION 7;THENCE N84°11 'OO"EALONG THE NORTH LINE OF THE SW.1/4
OF THE NE.1/4 OF SAID SECTION?,A DISTANCE OF 1318.83 FEET TO THE NORTHEAST
CORNER OF THE SW.1/4 OFTHENE.1/4 OF SAID SECTION?;THENCE SOl °04'41 "W,A
DISTANCE OF 186.03 FEET TO THE NORTHWEST CORNER OF LEONARD'S SUBDNISION
PLAT 2,AN OFFICIAL PLAT,DALLAS COUNTY,IOWA;THENCE SOoo33'41"W ALONG
THE WESTLINE OF SAID LEONARD'S SUBDIVISION PLAT 2,A DISTANCE OF 112833
FEET TO THE SOUTHWEST CORNER OF SAID LEONARD'S SUBDIVISION PLAT 2 AND
TO THE SOUTHWEST CORNER OF THE SW.1/4 OF THE NE.1/4 OF SAID SECTION 7;
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THENCE S83°56'13"W ALONG THE SOUTH LINE OF THE SW.1/4 OF THE NE.1/4 OF SAID
SECTION 7,A DISTANCE OF 499.60 FEET TO THE NORTHWEST CORNER OF THE EAST
FIFTEEN (15)ACRES OF THE NORTHWEST QUARTER (NW.1/4)OF THE SOUTHEAST
QUARTER (SE.1/4)OF SAID SECTION 7;THENCE S00035'26"W ALONG THE WEST LINE
OF THE EAST 15 ACRES OF THE NW.1/4 OF THE SE.1/4 OF SAID SECTION 7,A
DISTANCE OF 1316.36 FEET TO THE SOUTHWEST CORNER OF THE EAST 15 ACRES OF
THE NW.1/4 OF THE SE.1/4 OF SAID SECTION 7;THENCE S84°01 '16"W ALONG THE
SOUTH LINE OF THE NW.1/4 OF THE SE.1/4 OF SAID SECTION?,A DISTANCE OF 820.81
FEET TO THE SOUTHEAST CORNER OF THE NORTH ONE-HALF (N.1/2)OF THE
.SOUTHWEST FRACTIONAL QUARTER (SW.FRAC.1/4)OF SAID SECTION?;THENCE
S84°01'16"W ALONG THE SOUTH LINE OF THE N.1/2 OF THE SW.FRAC.1/4 OF SAID
SECTION 7,A DISTANCE OF 502.38 FEET TO THE SOUTHWEST CORNER OF THE N.1/2
OF THE SW.FRAC.1/4 OF SAID SECTION 7;THENCE NOo031'40"E ALONG THE WEST
LINE OF THE SW.FRAC.1/4 OF SAID SECTION 7,A DISTANCE OF 1314.23 FEET TO THE
POINT OF BEGINNING.
SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL
EASEMENTS OF RECORD.
SAID TRACT OF LAND CONTAINS 94.59 ACRES MORE OR LESS INCLUDING 2.00
ACRES FOR ROAD RlGHT-OF-WAY EASEMENT.
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EXHIBIT B -PROJECT
DESCRIPTION OF PROJECT IMPROVEMENTS
Construction of the South Area Trunk Sewer project includes approximately 2,270 linear feet of
24-inch diameter gravity flow sanitary sewer,ancillary sewer and force main improvements,pump
station demolition,manholes,drop connections,creek crossings,clearing and grubbing,erosion
control,surface restoration,and miscellaneous associated work.
LOCATION OF PROJECT IMPROVEMENTS
The project begins near an existing lift station located on the west side of County Highway R-22
(also known as Ute Avenue)approximately 250 feet north of the intersection of the before said
Highway and Cotton Wood Drive.From the lift station,a 24-inch diameter sanitary sewer extends
southeasterly across County Highway R-22 a distance of approximately 225 feet to a manhole
located in Outlot 27A of Painted Woods,an official plat in Waukee,Dallas County,Iowa.The sewer
then extends southeasterly a distance of approximately 755 feet through Outlots 27 A,26A,25A,
24A,and 23Ato a manhole located in Outlot 22A of Painted Woods.The24-inch sewer then
extends easterly a distance of865 feet through Outlots22A,2lA,20A,19A,Lots 19 and 18,and
Outlot l8A to a manhole located in Outlot 17A of Painted Woods.The sewer then extends northerly
and easterly approximately 145 and 265 feet,respectively,and ends a terminal manhole located on
the east side of said Outlot 17A of Painted Woods.
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