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HomeMy WebLinkAbout2011-861-9/6/2011 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-861 RESOLUTION APPROVING AND ACCEPTING CERTAIN ACQUISITION CONTRACTS AND CERTAIN DEEDS TO SELL REAL PROPERTY TO THE CITY OF WATERLOO FOR THE PARTIAL ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASEMENTS AND TEMPORARY EASEMENTS IN CONJUNCTION WITH THE WEST SHAULIS ROAD/ANSBOROUGH AVENUE RECONSTRUCTION PROJECT FROM: GRADY FARMS DAIRY, INC. IN THE AMOUNT . OF $406, 968 . 75; WILLIAM WALTERS IN THE AMOUNT OF $95, 250 . 00; MARY H. ROUSSELOW IN THE AMOUNT OF $71, 944 . 50; BARLEE FARMS, LTD. IN THE AMOUNT OF $569 . 12 . a WHEREAS, the City of Waterloo, Iowa, has had the parcels described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcels and easement agreements are in conjunction with West Shaulis Road/Ansborough Avenue reconstruction project . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contracts for the parcels hereinafter described to sell the same to, and enter into permanent- easement- agreements and temporary easement agreements with the City of Waterloo, Iowa all of which are situated in the City of Waterloo, Black Hawk County,, Iowa, are accepted and approved and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City and to execute all instruments necessary to consummate the agreements to purchase the property from the owners thereof, and the deeds for the conveyance of the same are also accepted and approved and the City of Waterloo is directed to pay for the properties from City funds . The subject properties are: Parcel No. 13 Owner: Grady Farms Dairy, Inc. Total Acquisition: $406, 968 . 75 Fee Simple Title Granted is to Land Described as Follows : A PARCEL OF LAND IN THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 9, AND THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5" P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF RIGHT OF WAY EXHIBIT "A",, ATTACHED HERETO AND BY REFERENCE MADE PART HEREOF AND MORE PARTICULARLY DESCIBEDED AS FOLLOWS: Resolution No. `2011-861 Page 2 BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION :9; THENCE NORTH 00031' 43" WEST, 659. 07 FEET ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 9, TO THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 573 PAGE 508 IN :THE BLACK HAWK COUNTY RECORDERS OFFICE; THENCE NORTH 89004' 05" EAST, 67 . 00 FEET ON SAID SOUTH LINE; THENCE SOUTH 00031''43" EAST, 557 . 29 FEET; THENCE NORTH 89015' 30" EAST, 50487 FEET; THENCE NORTH 8303251" EAST, 50 . 21 FEET; THENCE SOUTH 88049158" EAST, 149. 98 FEET; THENCE NORTH 89915' 30" EAST, 150 . 21 FEET; THENCE NORTH 83032151" EAST, 200 . 96 FEET; THENCE NORTH 89015' 30" EAST, 950 . 00 FEET; THENCE NORTH 83021' 51" EAST, 100 . 50 FEET; THENCE NORTH 89015' 30" EAST, 100. 00 FEET; THENCE SOUTH 85001152" EAST, 201 .100 FEET; THENCE NORTH 89000' 11" EAST, 170 . 79 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE NORTH 89000' 11" EAST, 978 . 81 FEET; THENCE NORTH 87043152" EAST, 700 . 16 FEET; THENCE NORTH 188°57' 31" EAST, 300 . 00 FEET; THENCE SOUTH 85019' 50" EAST, 201 . 00 FEET; THENCE NORTH 84040110" EAST, 200 . 56 FEET; THENCE NORTH 88057' 32- EAST, 217 . 12 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 00017145" EAST, 122 . 01 FEET ON SAID WEST RIGHT OF WAY LINE TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTH 8805732" WEST, 1270 . 301 FEET ON SAID SOUTH LINE TO THE NORTHEAST CORNER OF THE :NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 1,6; THENCE SOUTH 00012' 37" EAST, 34 . 85 FEET ON THE EAST_ LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 87002' 58" WEST, 394 . 95 FEET; THENCE SOUTH 88057' 55" WEST, 930 . 70 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE CONTINUING SOUTH 88057155" WEST, 19 . 74 FEET; THENCE NORTH 482°12' 40" WEST, 101 . 12 FEET; THENCE SOUTH 89°15' 3,0" WEST, 49,. 97 FEET; THENCE SOUTH 81 °39' 49" WEST, 151 . 34 FEET; THENCE SOUTH 89°15' 30" WEST, 50 . 00 FEET; THENCE NORTH 83°08' 50" WEST, 151 . 33 FEET THENCE SOUTH 89015' 30" WEST, 249.197 FEET; THENCE SOUTH 81°17' 19" WEST, 50 . 51 FEEET; THENCE SOUTH 89015' 30" WEST, 350 .00 FEET; THENCE NORTH_ 86°44' 1`5" WEST, 100 . 24 FEET; THENCE SOUTH 89015' 30" WEST, 1372 . 41 FEET =TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 00019' 16" WEST, 33 . 00 FEET ON SAID WEST LINE TO THE POINT OF BEGINNING; CONTAINING 181. 37 ACRES MORE OR LESS OF WHICH 1 . 65 ACRES IS EXISTING ;PERMANENT ROADWAY EASEMENT; NOTE: THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M. , IS ASSUMED TO BEAR NORTH 89015' 30" EAST . Permanent Easements legally described as follows : PARCEL 1 : A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 88 NORTH,; RANGE 13 WEST OF THE 5TH P.M. , BLACK HAWK COUNTY; IOWA, ASI SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF PERMANENT] EASEMENT EXHIBIT "A", ATTACHED HERETO AND BY REFERENCE MADE PART HEREOF: a � _ ; k Resolution No. 2011-861 Page 3 -. REFERRING TO THE SOUTHWEST CORNER OF SAID SECTION 9; THENCE NORTH 00031143" WEST, 562 . 12 FEET ON THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH ,89°28' 17" EAST, 67 . 00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00031' 43" WEST, 50. 00 FEET; THENCE NORTH 89°28117" EAST, 40 . 00 FEET; THENCE SOUTH 00°31' 43" EAST, 50 . 00 FEET; THENCE SOUTH 89°28' 17" WEST, 40 . 00 FEET TO THE POINT OF BEGINNING; CONTAINING 0 . 05 ACRES MORE OR LESS; s NOTE: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5" P.M. , IS ASSUMED TO BEAR NORTH 00031' 43" WEST. PARCEL 2 : A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF PERMANENT EASEMENT EXHIBIT "A", ATTACHED HERETO AND BY REFERENCE MADE PART HEREOF: REFERRING TO THE SOUTHWEST CORNER OF SAID SECTION 9; THENCE NORTH 89015' 30" EAST, 1479. 20 FEET ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00°44' 30" WEST, 102 . 00 FEET TO THE POINT % OF BEGINNING; THENCE CONTINUING NORTH 00044130" WEST,, 15 . 00 FEET; THENCE NORTH 89015' 30" EAST, 40 . 00 FEET; THENCE SOUTH 00044' 30" EAST, 15 . 00 FEET; THENCE SOUTH 89015130" WEST, 40 .00 FEET TO THE POINT OF BEGINNING; CONTAINING 0 . 03 ACRES MORE OR LESS; NOTE: THE SOUTH LINE OF THE SOUTHWEST QUARTER, OF SECTION , 9 TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE "5TH P.M. , IS ASSUMED TO BEAR NORTH 89015' 30" EAST. k PARCEL 3 : A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF PERMANENT EASEMENT EXHIBIT "A", ATTACHED HERETO AND BY REFERENCE MADE PART HEREOF: REFERRING TO THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE SOUTH 88°57' 32" WEST, 718 . 57 FEET ON THE' SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 01002128" WEST, 127 . 00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 38°56' 26" EAST, 13. 05 FEET; THENCE NORTH 88057132" EAST, 52 . 20 FEET; THENCE SOUTH 38056126" WEST, 13 . 55 FEET; THENCE NORTH 85019150" ' WEST, 3 . 87 FEET; THENCE SOUTH 88057' 32" WEST, 48 . 03 FEET TO THE POINT OF BEGINNING; CONTAINING 0 . 04 ACRES MORE OR LESS; NOTE: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 51H P.M. , IS ASSUMED TO BEAR NORTH 88057' 32" EAST. Temporary Easement legally described as follows : PARCEL 1 : A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHEAST. QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST' QUARTER OF THE Resolution No. 2011-861 Page 4 SOUTHEAST QUARTER OF SECTION 9, IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF TEMPORARY EASEMENT EXHIBIT NNA", ATTACHED HERETO AND BY REFERENCE MADE PART HEREOF: REFERRING TO THE SOUTHWEST CORNER OF SAID SECTION 9; THENCE NORTH 00031143" WEST, 102 . 25 FEET ON THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 890.28'.17 EAST, 67 . 00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00031143" WEST, 557 . 29 FEET TO THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 573 PAGE 508 IN THE BLACK HAWK COUNTY RECORDERS OFFICE; THENCE NORTH 89°04105" EAST, 20 .00 FEET ON SAID SOUTH LINE; THENCE SOUTH 00°31' 43" EAST, 522 . 36 FEET; THENCE NORTH 89015' 30" EAST, 2034 . 69 FEET; THENCE NORTH 00°44' 30" WEST, 20 . 00 FEET; THENCE NORTH 89015' 30" EAST, 300 . 00 FEET; THENCE SOUTH 00044' 30" EAST, 20 . 00 FEET; THENCE NORTH 89°15' 30" EAST, 220 . 08 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE NORTH 88°5732" EAST, 2596. 72 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 00017146" EAST, 15 . 00 FEET ON SAID WEST RIGHT OF WAY LINE; THENCE SOUTH 88°57132" WEST, 217 . 13 FEET; THENCE SOUTH 84040' 10" WEST, 200 . 56 FEET; THENCE NORTH 85019150" WEST, 201 . 00 FEET; THENCE SOUTH 8805732" WEST, 300 . 00 FEET; THENCE SOUTH 87043' 52" WEST, 700 . 16 FEET; THENCE SOUTH 89000' 11" WEST, 978 . 81 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE CONTINUING SOUTH 89°00111" WEST, 170 . 79 FEET; THENCE NORTH 85001152" WEST, 201 . 00 FEET; THENCE SOUTH 89'0151.30 WEST, 100 . 00 ., FEET; THENCE SOUTH 83°32' 51" WEST, 100 . 50 FEET; THENCE SOUTH 89°15' 30" WEST, 950 . 00 FEET; THENCE- SOUTH 83°23' 51" WEST, 200 . 96 FEET; THENCE SOUTH 8901530" A'ST, 150:16 FEET; THENCE NORTH 88°49' 58" WEST, 149. 97 FEET; THENCE SOUTH 83032151" WEST, 50 . 21 FEET; THENCE SOUTH 89015' 30" WEST, 504 . 87 FEET TO THE POINT OF BEGINNING`; CONTAINING 2 ..87` ACRES MORE OR LESS; NOTE: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 88 `NORTH, RANGE 13 WEST OF THE 5" P.M. , IS ASSUMED TO BEAR NORTH 00031' 43" WEST . PARCEL 2 : A PARCEL OF LAND IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 51H P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF TEMPORARY EASEMENT EXHIBIT "A", ATTACHED HERETO AND BY REFERENCE MADE PART HEREOF: REFERRING TO THE NORTHWEST CORNER OF SAID SECTION 16; THENCE NORTH 89015130" EAST, 1007 . 17 FEET ON THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 00044' 30" EAST, 33 . 00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89015130" EAST, 364 . 99 FEET; THENCE SOUTH 86044115" EAST, 100. 29 FEET; THENCE NORTH 89°15' 30" EAST, 350 : 00 -FEET; THENCE NORTH 81017119" EAST, 50 . 51 FEET; Resolution No. 2011-861 Page 5 THENCE NORTH 89015' 30" EAST, 249 . 97 FEET; THENCE SOUTH 83008150" EAST, 151 . 34 FEET; THENCE NORTH 89015' 30" EAST, 50 . 00 FEET; THENCE NORTH 81039149" EAST, 151 . 34 FEET; THENCE NORTH 89015' 30" EAST, 49. 97 FEET; THENCE SOUTH 82012' 40" EAST, 101 . 13 FEET; THENCE NORTH 88°5755" EAST, 19 . 74 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE CONTINUING NORTH 8'8057155" EAST, 930 . 70 FEET; THENCE NORTH 87°02' 58" EAST, 394 . 95 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 16; THENCE. SOUTH 00012' 3,7" EAST, 18 . 16 FEET ON SAID, EAST LINE; THENCE SOUTH 89000' 06" WEST, 1325 . 22 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER ,OF SAID SECTION 16; THENCE CONTINUING SOUTH 89°00106" WEST, 219. 72 FEET; THENCE SOUTH 00044' 30" EAST, 20 . 00 FEET; THENCE SOUTH 89015' 30" WEST, 300 . 00 FEET; THENCE NORTH 00044' 30" WEST, 20 . 00 FEET; THENCE SOUTH 89°15' 30" WEST, 1115 . 03 FEET; THENCE NORTH 00044' 30" WEST, 20 . 00 FEET TO THE POINT OF BEGINNING; CONTAINING 0 . 90 ACRES MORE OR LESS; NOTE: THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5" P.M. , IS ASSUMED TO BEAR NORTH 89015' 30" EAST. Parcel No. 15 and No. 14 Owner: William B. Walters Total Acquisition: $95, 250 . 00 Parcel No. 15 Fee Simple Title Granted is to Land Described as Follows : A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 51H P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF RIGHT OF WAY EXHIBIT "A", ATTACHED HERETO AND BY REFERENCE MADE PART HEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: _,REFERRING -TO THE NORTHWEST CORNER OF SAID SECTION 15; THENCE NORTH 88057' 38" EAST, 55 . 00 FEET ON THE NORTH LINE OF SAID NORTHWEST QUARTER TO sTHE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88057' 38" EAST, 2444 . 91 FEET ON SAID NORTH LINE TO THE WEST RIGHT OF WAY LINE OF HAWKEYE ROAD; THENCE SOUTH 00021' 08" EAST, 94 . 21 FEET ON SAID WEST RIGHT OF WAY LINE; THENCE SOUTH 88057' 38" WEST, 2445 . 23 FEET TO THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 00009118" WEST, 94 . 22 FEET ON SAID EAST RIGHT OF WAY LINE TO THE POINT OF BEGINNING; CONTAINING 5 . 29 ACRES MORE OR LESS; NOTE: THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M. , IS ASSUMED TO BEAR NORTH 88057' 38" EAST. Parcel- No. . 14 Fee Simple Title Granted is to Land Described as follows : Resolution No. 2011-861 Page 6 A PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE NORTHEAST F QUARTER OF SECTION 16, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF RIGHT OF WAY EXHIBIT "A", ATTACHED HERETO AND BY REFERENCE MADE PART HEREOF AND MORE` PARTICULARLY DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF SAID SECTION 16; THENCE SOUTH 8905732" WEST, 55 . 01 FEET ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE AND THE POINT OF BEGINNING; THENCE SOUTH 00009' 12" EAST, 36. 20 FEET ON SAID WEST RIGHT OF WAY LINE; THENCE SOUTH 88057' 32" WEST, 1270 . 27 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 00012' 37" WEST 36 . 21 FEET ON SAID WEST LINE TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 88057' 32" EAST, 1270 . 30 FEET ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING; CONTAINING 1 . 06 ACRES MORE OR LESS; NOTE: THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 16 TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5" P.M. , IS ASSUMED TO BEAR SOUTH 88057' 32" WEST. Parcel No.. 16 Owner: Mary H. Rousselow Total Acquisition: $71, 944 . 50 Fee Simple Title Granted is to Land Described as Follows : y A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF SECTION 10 TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5" P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF RIGHT OF WAY EXHIBIT "A", ATTACHED HERETO AND 'BY REFERENCE MADE PART HEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHWEST CORNER OF SAID SECTION 10 THENCE NORTH 88057' 38" EAST, 60. 00 FEET ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER TO THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE AND THE POINT OF BEGINNING; THENCE NORTH 00017146" WEST, 1040 . 80 FEET ON SAID EAST RIGHT OF WAY LINE; THENCE SOUTH ' 8905324" EAST, 19 . 40, FEET; THENCE NORTH 84 °23' 58" EAST, 100 . 54 FEET; THENCE SOUTH 89°53' 24" EAST, 100 . 00 FEET; THENCE SOUTH 87001' 39" EAST, 100 . 12 FEET; THENCE SOUTH 89053124" EAST, 150 .-00 FEET; THENCE SOUTH 87001' 39" EAST, 100 . 12 FEET; THENCE SOUTH 89053' 24" EAST, 500 . 00 FEET; THENCE NORTH 85049115" EAST, 200 . 56 FEET; THENCE SOUTH 89053124" EAST, 200 . 00 FEET; THENCE SOUTH 87026' 09" EAST, 350 . 32 FEET; THENCE SOUTH 89053124" EAST, 100 . 00 FEET; THENCE NORTH 87014' 51" EAST, 200 . 25 FEET; --THENCE -- SOUTH 8905324" EAST, 100 . 00 FEET; THENCE SOUTH 87°01' 39" EAST, 200. 24 FEET; THENCE SOUTH 89053' 24" EAST, 10 . 47 FEET TO THE WEST RIGHT OF WAY LINE OF HAWKEYE ROAD; THENCE SOUTH 00008127" EAST, 52 . 05 FEET ON SAID WEST RIGHT OF WAY LINE TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 88057' 38" WEST, 2429. 90 FEET ON SAID SOUTH x Resolution No. 2011-861 Page 7 LINE TO THE POINT OF BEGINNING, CONTAINING' 4 :57 ACRES MORE OR LESS; NOTE: THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE '5TH P.M. , IS ASSUMED TO BEAR NORTH 88057' 38" EAST. Permanent Easement Title Granted is to Land Described as Follows : A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF PERMANENT EASEMENT EXHIBIT "A", ATTACHED HERETO AND BY REFERENCE MADE PART HEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTH QUARTER CORNER OF SAID SECTION 10; THENCE--SOUTH 88057' 38" WEST, 1304 . 29 FEET ON THE SOUTH LINE OF THE SOUTHWEST QUARTER; THENCE NORTH 00049135" WEST; 90 . 22 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00014' 32" EAST, 20 . 00 FEET; THENCE SOUTH 89053124" EAST, 40 .00 FEET; THENCE SOUTH 00014' 32" WEST, 20 . 00 FEET; THENCE NORTH 89053' 24" WEST, 40 . 00 FEET TO THE POINT OF BEGINNING; CONTAINING 0 . 02 ACRES; NOTE: THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 51H P.M. , IS ASSUMED TO BEAR SOUTH 8805738" WEST. Temporary Easement Title Granted is to Land Described as Follows : A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5" P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF TEMPORARY EASEMENT EXHIBIT "A", ATTACHED HERETO AND BY REFERENCE MADE PART HEREOF AND MORE PARTICULARLY DESCRIBED AS FOLLOWS : REFERRING TO THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE NORTH 88057' 38" EAST, 60 . 00 FEET ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER TO THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 00017' 46" WEST, 100 . 80 FEET ON SAID EAST RIGHT OF WAY LINE TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00017146" WEST, 35 . 00 FEET ON SAID EAST RIGHT OF WAY LINE; THENCE SOUTH 89053124" EAST, 2429 . 99 FEET TO THE WEST RIGHT OF WAY LINE OF HAWKEYE ROAD; THENCE SOUTH 00008127" EAST, 35 . 00 FEET ON SAID WEST RIGHT OF WAY LINE; THENCE NORTH 89053124" WEST, 10 . 47 FEET; THENCE NORTH 87001139" WEST, 200 . 24 FEET; THENCE NORTH 89053124" WEST, 100 . 00 FEET; THENCE SOUTH 87014' 51" WEST, 200 . 26 FEET; THENCE NORTH 89053124" WEST, 99 . 98 FEET; THENCE NORTH 87026109" WEST, 350 . 33 FEET; THENCE NORTH 89053' 24" WEST, 200 . 00 FEET; THENCE SOUTH 85049115" WEST, 200 . 59 FEET; THENCE NORTH 89053' 24" WEST, 499 . 92 FEET; THENCE NORTH 87001139" WEST, 100 . 18 FEET THENCE NORTH 89053' 24" WEST, 150 . 00 FEET; THENCE NORTH 87001' 39" WEST, Resolution No. 2011-861 Page 8 100,: 12 - -FEET THENCE NORTH 89053124" WEST 100 . 00 FEET; THENCE SOUTH 84023158" WEST, 100 . 54 FEET; THENCE NORTH 89a°53' 24" WEST, 19. 40 FEET TO THE POINT OF BEGINNING, CONTAINING 1 . 65 ACRES MORE OR LESS; NOTE: THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP" 88 NORTH, RANGE 13 WEST OF THE 5TH P.M. , IS ASSUMED TO BEAR NORTH 88057138" EAST. Parcel No. 5 Owner: BarLEE Farms, Ltd. Total Acquisition: $569. 12 Fee Simple Title Granted is to Land Described as Follows : A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 88 NORTH, RANGE-13 WEST OF THE 5TH P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF RIGHT OF WAY EXHIBIT "A", ATTACHED HERETO SAID PARCEL BEING THE EXISTING PERMANENT ROADWAY EASEMENT OF ANDBOROUGH AVENUE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH 00031143" WEST, 1282 . 71 FEET ON THE EAST LINE OF THE SOUTHEAST QUARTER TO THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN DOCUMENT #2003 03529 IN THE BLACK HAWK COUNTY RECORDERS OFFICE, AND THE POINT OF BEGINNING; THENCE SOUTH 89029' 26" WEST, 33 . 00 FEET, ON SAID SOUTH LINE TO THE WEST RIGHT OF WAY LINE OF ANSBOROUGH AVENUE; THENCE NORTH 00031143" WEST, 572 . 53 FEET ON SAID WEST RIGHT OF WAY LINE, THENCE NORTH 02037143" WEST, 150 . 10 FEET; THENCE NORTH 00031' 43" WEST TO THE NORTH LINE OF SAID PARCEL; THENCE NORTH 89029126" EAST, 38 . 50 FEET, ON SAID NORTH LINE TO THE EAST LINE OF THE SOUTHEAST QUARTER; THENCE SOUTH 00031143" EAST, 726 . 00 FEET ON SAID EAST LINE TO THE POINT OF BEGINNING; CONTAINING 0 . 56 ACRES MORE OR LESS OF WHICH 0 . 55 ACRES IS EXISTING PERMANENT ROADWAY EASEMENT; Temporary Easement Title Granted is to Land Described as Follows : Parcel 1 : A 10 . 00 FOOT WIDE PARCEL, PARALLEL WITH AND ADJACENT TO THE WEST RIGHT OF WAY LINE OF ANSBOROUGH AVENUE IN THE SOUTHEAST QUARTER 'OF .THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 88 - NORTH, RIANGE 13 WEST OF THE 5" P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF TEMPORARY EASEMENT EXHIBIT "A", ATTACHED HERETO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH 00031' 43" WEST, 1282 . 72 FEET ON THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 89028117" WEST, 33 . 00 FEET, TO THE WEST RIGHT OF WAY LINE OF ANSBOROUGH AVENUE AND THE POINT OF BEGINNING; THENCE SOUTH 89029126" WEST, 10 . 00 FEET ON THE SOUTH LINE OF A Resolution No. 2011-861 Page 9 PARCEL OF LAND DESCRIBED IN DOCUMENT #2003 03529 IN THE BLACK HAWK COUNTY RECORDERS OFFICE; THENCE NORTH 00031' 43" WEST, 94 . 50 FEET; THENCE NORTH 89028117" EAST, 10 . 00 FEET TO SAID WEST RIGHT OF WAY LINE; THENCE SOUTH 00031143" EAST, 94 . 51 FEET ON SAID WEST RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 0.. 02 ACRES MORE OR LESS; NOTE: THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M. , IS ASSUMED TO BEAR NORTH 00031143" WEST PARCEL 2 : A PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 88 NORTH, RANGE 13, WEST- OF- THE 5TH P.M. , BLACK HAWK COUNTY, IOWA, AS SHOWN ON THE ACQUISITION PLAT FOR ACQUISITION OF TEMPORARY EASEMENT EXHIBIT "A", ATTACHED HERETO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF SAID SECTION 8 ; THENCE NORTH 00031143" WEST, 1472 . 05 FEET ON THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89028' 17" WEST, 33 . 00 FEET, TO THE WEST RIGHT OF WAY LINE OF ANSBOROUGH AVENUE AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89028117" WEST, 10 . 00 FEET; THENCE NORTH 00031143" WEST, 14 . 80 FEET; THENCE SOUTH 89028117" WEST, 20 . 00 FEET; THENCE NORTH 00031143" WEST, 50 . 00 FEET; THENCE NORTH 89028117" EAST 20 . 00 FEET; THENCE NORTH 00031143" WEST, 86. 79 FEET; THENCE SOUTH 89028117" WEST, 20 . 00 FEET; THENCE NORTH 00031' 43" WEST, 50 . 00 FEET; THENCE NORTH 89028117" EAST, 20 . 00 FEET; THENCE NORTH' 00°31143" WEST, 335 . 08 FEET TO THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN DOCUMENT #2003 03529 IN THE BLACK HAWK COUNTY RECORDERS OFFICE; THENCE NORTH 89029126" EAST, 4 . 50 FEET ON SAID NORTH LINE; THENCE SOUTH 00031143" EAST, 3 . 46 FEET; THENCE SOUTH 02037143" EAST, 150 . 11 FEET TO SAID WEST RIGHT OF WAY LINE; THENCE SOUTH 00031' 43" EAST, 383 . 20 FEET ON SAID WEST RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 0 . 16 ACRES MORE OR LESS; NOTE: THE EAST LINE 'OF THE SOUTHEAST QUARTER OF SECTION 8; TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M. , IS ASSURED TO BEAR NORTH 00031143" WEST. PASSED AND ADOPTED this 6th day of September 2011 . :7- Ernest G. Clark, Mayor ATTEST: y SuzyS hares, CMC City C erk