PRELIMINARY- NOT FOR CONSTRUCTION M:\LAND PROJECTS 2016\160408\DWG\PRELIM PLAT - C0.1 COVER.DWG 6/8/2018 8:18:56 AM MUSTANG RIDGE PRELIMINARY PLAT POLK COUNTY, IOWA IS DESCRIBED AS FOLLOWS: BEGINNING AT THE HIGHWAY 141 AS IT IS PRESENTLY ESTABLISHED; THENCE S20°16'01”E DISTANCE OF 1049.34 FEET TO THE WEST RIGHT WAY LINE IOWA NORTHEAST QUARTER OF THE SOUTHEAST SAID LINE OF THE SOUTHEAST QUARTER PROPERTY DESCRIPTION: QUARTER OF SAID SECTION 29; THENCE N89°29'10”W ALONG OF 431.68 FEET ; THENCE S00°13'38”E, A DISTANCE 623.86 TO OF 382.80 FEET; THENCE S89°29'32”E, A DISTANCE OF 284.68 FEET; THENCE S13°16'51”E, A DISTANCE OF 427.97 FEET; THENCE S48°47'12”W, A DISTANCE OF 571.06 FEET; THENCE S82°21'57”W, A DISTANCE CORNER OF THE NORTHEAST QUARTER SOUTHEAST QUARTER OF SAID SECTION 29; THENCE N00°12'46”W ALONG THE WEST SAID TRACT OF LAND CONTAINS 40.24 ACRES. SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH ANY SOUTH LINE, A DISTANCE OF 1125.51 FEET TO THE POINT BEGINNING. SOUTHWEST CORNER OF THE SOUTHEAST QUARTER SECTION 29, TOWNSHIP 80 NORTH, RANGE 25 WEST OF THE 5TH P.M., SECTION 29, A DISTANCE OF 443.97 FEET; THENCE S89°41'01”E, SAID SECTION 29; THENCE N00°03'35”W ALONG THE WEST LINE OF SAID SECTION 29, A DISTANCE OF 1332.10 FEET TO THE SOUTHWEST ALL EASEMENTS OF RECORD. ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE AN IRREGULAR SHAPED PORTION OF THE SOUTHEAST QUARTER THE SOUTH LINE OF SOUTHEAST QUARTER BENCHMARKS: PROPOSED ZONING: 1360 NW 121ST ST. SUITE A FRONT YARD = 35 FEET REAR YARD = 35 FEET BUILDING SETBACKS: R-1: SINGLE FAMILY DWELLING MUSTANG RIDGE LLC OWNER / PREPARED FOR: LITTLE CREEK AT JAMES STREET. ELEVATION = 926.60 (USGS DATUM) SIDE YARD = 7 FEET ONE SIDE, 14 COMBINED TOTAL CITY BENCHMARK ARROW ON FIRE HYDRANT LOCATED AT NORTHEAST CORNER OF N. 11TH STREET AND CITY BENCHMARK CHISELED SQUARE IN NORTHWEST END OF REINFORCED CONCRETE BOX CULVERT FOR STREET BY THE NW CORNER OF LOT ADDRESS 1605. ELEVATION = 924.41 (USGS DATUM) CITY BENCHMARK G5M-005: BURY BOLT ON FIRE HYDRANT LOCATED THE EAST SIDE OF NORTH JAMES CLIVE, IA 50325 JAMES STREET. ELEVATION = 937.06 (USGS DATUM) 41UTILITY PLAN GRADING PLAN LAYOUT PLAN COVER SHEET C4.1 C3.1 C2.1 C0.1 SHEET INDEX: 1-800-292-8989 www.iowaonecall.com ONE CALL IOWA Know what's

Call 811 before you dig. below. UTILITY NOTE: UTILITIES MUST BE ASCERTAINED IN THE FIELD. IT SHALL DUTY OF PUBLIC RECORDS AND ARE APPROXIMATE LOCATIONS. THE EXACT LOCATIONS OF ALL CONTRACTOR TO DETERMINE WHETHER ANY ADDITIONAL FACILITIES OTHER THAN THOSE SHOWN ON THE PLANS MAY BE PRESENT. THE LOCATION OF UTILITIES INDICATED ON PLANS ARE TAKEN FROM EXISTING

PL 4%

1' 1.5% 5' G GAS LINE WATER LINE G STORM SEWER W ST SANITARY SEWER SAN CO

D S 4% 9.5' FLARED END SECTION CLEANOUT CURB INTAKE SANITARY MANHOLE SURFACE INTAKE STORM MANHOLE 30' 2' 6" CURB 7.5' LEGEND: 29' B-B STREET TYPICAL CROSS SECTION 14.5'

2% 12" COMPACTED SUBGRADE H TO BE DONE IN 2-6" LIFTS WV Y D FIRE HYDRANT PROPERTY CORNER- PLACED 3/4" IRON PIPE PROPERTY CORNER - FOUND AS NOTED CONVEY STORM WATER FROM THE SUBJECT LOT AND SECTION CORNER - FOUND AS NOTED WITH YELLOW PLASTIC CAP ID #14775 WATER VALVE ANY ADJACENT LOTS. ALL SIDE YARD SETBACKS ARE INTENDED TO BE USED 7' NOT TO SCALE 7" PCC PAVING 60' ROW 29' B/B PROFILE GRADE

7' 2% 14.5' 6" CURB 7.5' 2' 30'

4% 9.5' 5" PCC WALK 13 TO 36 5 AND 6 2 AND 3

1.5% 8 TO 11 5' 12 37 7 4 1

4% 1' PL ADJACENT OWNERS LIST BEAVERBROOKE NORTH NO I LLC BEAVERBROOKE NORTH NO I LLC LUTHERAN CHURCH OF HOPE SEE LAYOUT PLAN WEST DES MOINES, IA 50266 925 JORDAN CREEK PKWY 1910 SW PLAZA SHOPS LN GREYSTONE HOMES LC DES MOINES, IA 50313 SECONDARY ROADS 101 NE HARVEY ST 101 NE HARVEY ST 7852 NW 114TH ST 8050 NW 114TH ST OMAHA, NE 68154 OMAHA, NE 68154 ANKENY, IA 50023 CHRIS GUNNARE GRIMES, IA 50111 GRIMES, IA 50111 GRIMES, IA 50111 GRIMES, IA 50111 5885 NE 14TH ST CITY OF GRIMES CITY OF GRIMES JOHN A WILCOX PO BOX 542016 PO BOX 542016 POLK COUNTY JODY ARMENT CURVE C28 C27 C26 C25 C24 C23 C22 C20 C19 C18 C17 C16 C15 C14 C13 C12 C10 C21 C11 C9 C8 C7 C6 C5 C4 C3 C2 C1 PRELIMINARY PRELIMINARY LENGTH 100.30 155.03 14.17 53.04 88.30 82.29 27.06 25.00 60.49 50.40 85.70 15.97 12.10 26.93 19.79 64.55 24.63 91.26 77.49 25.73 51.29 12.05 88.22 88.12 43.11 60.41 43.11 2.84 SEE LAYOUT PLAN RADIUS 160.00 165.00 165.00 165.00 730.00 730.00 670.00 105.00 100.00 100.00 580.00 520.00 160.00 34.50 55.00 55.00 55.00 55.00 34.50 34.50 34.50 55.00 55.00 55.00 34.50 34.50 9.00 9.00 CURVE TABLE VICINITY MAP CHORD SCALE: 1" = 1500' 141.33 100.21 42.98 12.75 87.25 81.44 88.17 27.06 24.45 57.48 48.66 57.42 77.29 15.83 12.04 26.85 19.76 64.52 81.15 71.24 78.99 25.14 51.27 42.98 11.17 52.81 24.11

2.84 SITE N87°37'49.34"W N38°52'06.78"W N53°40'46.62"W N76°59'23.79"W N25°31'43.32"W N42°47'45.35"W N15°43'11.55"W N01°44'28.29"W N25°55'55.23"W N51°39'34.40"W S08°59'44.44"W S33°32'07.93"W S63°09'17.00"W S87°50'43.27"W S83°14'13.12"W S88°40'18.82"W S42°05'06.63"W N44°53'37.08"E N72°40'30.33"E N18°51'09.61"E N72°10'35.99"E N21°58'42.73"E S21°02'18.61"E S85°10'23.00"E S07°55'44.20"E S23°05'15.75"E S21°02'18.61"E S21°33'53.55"E BEARING SHEETS 1 & 2 SHEETS 1 & 2 15°26'20" 90°12'46" 18°25'01" 30°39'46" 28°34'32" 41°30'47" 63°00'43" 52°30'27" 62°56'06" 89°16'33" 26°31'19" 20°05'55" 84°35'45" 15°25'57" 11°20'25" 40°54'41" 95°04'21" 80°43'14" 91°47'47" 42°43'47" 15°26'20" 76°40'51" DELTA 6°55'28" 2°07'26" 8°34'39" 6°22'37" 4°42'35" 5°39'06"

C0.1 160408 MUSTANG RIDGE - GRIMES, IOWA Bishop Engineering "Planning Your Successful Development" PRELIMINARY PLAT 3501 104th Street Des Moines, Iowa 50322-3825 Phone: (515)276-0467 Fax: (515)276-0217 PRELIMINARY PLAT - COVER Civil Engineering & Land Surveying Established 1959 PRELIMINARY- NOT FOR CONSTRUCTION 6/7/2018 3:10:26 PM M:\LAND PROJECTS 2016\160408\DWG\PRELIM PLAT - C2.1 LAYOUT.DWG 8 7

490.10'

F/O O/E 218.72' 31923 SF 29872 SF 357.19' 0.73 AC 0.69 AC 218.72'

5A 4A S03°45'24"W

F/O 245.95' 89167 SF 2.05 AC 3A 100 YEAR FLOOD

ELEVATION

S01°18'27"W 250.06'

S01°56'45"E

254.88' 201495 SF 4.63 AC 6A

F/O 6

S88°04'34"W

S88°04'34"W

115.52' 119.37' N71°36'50"W

140.24' S66°02'04"W

S41°08'33"E167.03' 216.93'

F/O

9 S03°45'24"W

STORM SEWER EASEMENT

191.85' S01°18'27"W 21596 SF 0.50 AC

S01°56'45"E 200.54'

203.07' 5 225.24' 22727 SF

0.52 AC N27°13'55"W 28086 SF 0.64 AC 4

3 160.68' 32864 SF 0.75 AC

6 30' DRAINAGE EASEMENT S77°23'07"W

F/O

S41°08'33"E201.32' 433.80' C20

42906 SF 0.98 AC

C21

2 C23 C22 D C19 S77°23'07"W

R55'

C24 D 193.31' 96888 SF H Y D 60' ROW 2.22 AC 7A F/O

29' R39.5' H LOT B Y D

53321 SF S01°54'36"W

133.57' S C18 C14

10 S 30860 SF

C25 C15

0.71 AC

C13 SANITARY SEWER EASEMENT D

203.87' 7 S71°48'57"E C17 C16

STORM & SANITARY SEWER EASEMENT SEWER SANITARY & STORM T S POST OFFICE CLUSTER BOX 4 x 8 PAD FOR

N88°39'43"W L=169.94'M CH=169.53'M R=700.02' Δ=13°54'36" N39°40'47"W

L=199.32'M CH=181.71'M R=135.00' Δ=84°35'45" S42°05'07"W C26 32734 SF

0.75 AC 193.67'

206.61' S35°12'06"W 1 S10°42'46"E

170.85' 137.20' 48812 SF 1.12 AC 26461 SF 9 0.61 AC

121.49' 8

81.79' L=64.77'M CH=64.10'M R=130.00' Δ=28°32'43" 173.64' F/O

S00°12'46"E

10' PUE 13341 SF 121.49'M

11 N39°40'47"W S14°29'07"E

H D

15' STORM SEWER & DRAINAGE EASEMENT Y

SANITARY SEWER EASEMENT 40.97' D C27 D

WV S 175.97' S S65°47'24"W

S10°42'59"E

S74°44'14"W 53.14'

D

D D R25' 184.13'

D 60' ROW 111.04' 12 246.37' 11813 SF

N90°00'00"E 0.27 AC R25' 8A

229.91'M F/O LOT A NE 21ST STREET C12

11262 SF WV

SANITARY SEWER EASEMENT 5 S10°42'59"E TEMPORARY CONSTRUCTION EASEMENT WV

24609 SF 56.49'

180.44' C11 0.56 AC 10 C1

13 S75°15'37"W

L=120.33'M CH=120.09'M R=550.00' Δ=12°32'09" 103.46'

C2 C28

STORM SEWER EASEMENT C10 S22°29'24"E S75°15'37"W

14

F/O 60' ROW 212.45' C3 29' F/O

N06°10'31"W

36792 SF C9 0.84 AC 14 117.43'

C4 15

10' PUE

C8 STORM SEWER & DRAINAGE EASEMENT

30158 SF

0.69 AC

16 156.37'

193.50'

R55' 11 N61°14'50"E

F/O

C5 R39.5' S F/O

C6

N12°16'49"E D 116.79'

17 H

90.00' Y D C7 41438 SF 11A N90°00'00"E 0.95 AC N60°02'43"W

18 197.67'

F/O 15' WATER MAIN EASEMENT MAIN WATER 15' F/O

19 D 50940 SF

1.17 AC N07°01'36"E

13 189.59' 54229 SF 1.24 AC 12

186.99'

20 N60°02'43"W

F/O F/O 231.06'

21 30' DRAINAGE EASEMENT

231.19' 418.19'

22 693.68'

F/O F/O 23

F/O 24

EX MACHINE SHED F/O ON CONCRETE SLAB F/O

310' DRAINAGE

EASEMENT 25

EX MACHINE SHED EM

F/O EX SHEDS ON CONCRETE SLAB

26 S

S F/O EM EX 2 STORY F/O BUILDING 27

10' PUE GM

EX F/O

28 GARAGE

15' STORM SEWER & DRAINAGE EASEMENT

D 60

F/O F/O 701984 SF 16.12 AC 29 15

125' DRAINAGE EASEMENT GRAPHIC SCALE EX GAXEBO 30

F/O 4 0 U/E 060 30 623.74'

31

F/O F/O 233 32

F/O U/E

120

F/O F/O 34

F/O U/E 35

U/E U/E U/E U/E

F/O F/O

U/E 36

FO 10' PUE

20' STORM SEWER & DRAINAGE EASEMENT D F/O

G

H 1 Y D LOT 1 2 LOT A 37 3

NE STATION CROSSING LOT 2

O/E G

S LOT 1 F/O C2.1 160408 MUSTANG RIDGE - GRIMES, IOWA Bishop Engineering "Planning Your Successful Development" PRELIMINARY PLAT 3501 104th Street Des Moines, Iowa 50322-3825 Phone: (515)276-0467 Fax: (515)276-0217 LAYOUT PLAN Civil Engineering & Land Surveying Established 1959 PRELIMINARY- NOT FOR CONSTRUCTION 6/7/2018 3:10:49 PM M:\LAND PROJECTS 2016\160408\DWG\PRELIM PLAT - C3.1 GRADING.DWG

F/O O/E 31923 SF 29872 SF 0.73 AC 0.69 AC 4A 5A

F/O 89167 SF 2.05 AC 3A 201495 SF 4.63 AC 6A F/O

F/O

960 21596 SF 0.50 AC 5

22727 SF 0.52 AC 28086 SF 961 0.64 AC 4 3 32864 SF 0.75 AC 6

F/O 962 970 969 964

968 970 969 963 42906 SF 0.98 AC 968 963 2 967

964 D 967 D 96888 SF H Y D 2.22 AC 965 7A

966 F/O

H D

967 LOT965 B Y 964 966 53321 SF 968

S 966 965

S 30860 SF

968 0.71 AC

D

967 969 7 965

968

967 963 970 T S 969

32734 SF 966 0.75 AC 970 1 48812 SF

962 1.12 AC

966 963 26461 SF 9 964 0.61 AC 8

961 F/O

10' PUE

968 960

H 965 Y D EX SAN STUB 965 D

FL=950.47 D

WV

S S 967

D D D 964 963 11813 SF

0.27 AC 964 8A

EX 18" RCP STUB LOT A F/O FL(E)=955.15 NE 21ST STREET 11262 SF WV

H

Y D 966 964 TEMPORARY CONSTRUCTION EASEMENT WV 24609 SF

0.56 AC

10 963 965

965 965

F/O F/O

965 960 966 970 955 36792 SF

0.84 AC 965 14 964

966 967

10' PUE 971

963 970 30158 SF 0.69 AC 969 11

967 968

F/O S 962

967 F/O 966 966 964 965 967 961 D

H Y D

41438 SF 966 968 11A 0.95 AC

960

965

968 958

F/O F/O

D 50940 SF 1.17 AC 13 54229 SF 1.24 AC

12 F/O

955

958

966 969 960 962 963 965 967 970 971

959

954

F/O 960 960

961

961 971

961

F/O

964 960 957 959

60

971

958 968

962 970 969 963

963 956

965 962 FF=970.12

961

964

956 966 960 F/O 959

967 958 GRAPHIC SCALE

FF=971.78

953 968 0

970 Y 968 969 D 967 EM A R 966

966 969

965 966

F/O 060 30

960 S

FF=972.22 S Y

A R D FF=970.89 954 EM F/O

959

10' PUE 960 955 GM 961

F/O 962 120

958 971 FF=971.06 963 W 964 965

D 966 Y A R D 970 971 F/O 967 969 968

969 968 970 FINISHED GROUND ELEVATION GRADING LEGEND: NOTE: WALL ELEVATIONS SHOWN ON PLAN ARE FINISHED EDGE OF WALK ELEVATION PROPOSED CONTOUR EXISTING CONTOUR GROUND GRADES AT THE TOP AND BOTTOM OF WALL. GUTTER ELEVATION TOP OF CURB ELEVATION 967

F/O 971 971

966 U/E 971

961 965

971 972 971 972

964 F/O 962

955

956 960

F/O 973

U/E 957

959

958 F/O 150 150 150.50E/W 150.50G 150.50T/C 150.50

F/O U/E

G

U/E U/E U/E U/E

F/O 973 U/E

971

970 972 FO

969 F/O

EX 30" RCP STUB G FL(E)=943.40 W W H NE STATION CROSSING Y D 967 965966 O/E G C3.1 160408 MUSTANG RIDGE - GRIMES, IOWA Bishop Engineering "Planning Your Successful Development" PRELIMINARY PLAT 3501 104th Street Des Moines, Iowa 50322-3825 Phone: (515)276-0467 Fax: (515)276-0217 GRADING PLAN Civil Engineering & Land Surveying Established 1959 STORM SEWER&DRAINAGEEASEMENT

5 STRUCTURE #10 21596 SF SW-401 0.50 AC RIM=958.55 4 D FL(N)=954.47 3 22727 SF FL(SE)=954.37 28086 SF 0.52 AC 0.64 AC 6 47 LF 24" N-12 @0.8% 13

30' DRAINAGEEASEMENT 50940 SF 32864 SF 1.17 AC 3501 104th Street 0.75 AC STRUCTURE #11 STRUCTURE #13 STRUCTURE #12 EX INTAKE XX" FES Des Moines, Iowa 50322-3825 RIM=955.60

SW-401 FL(S)=954.00 Phone: (515)276-0467 Fax: (515)276-0217 SW-401 FL(S)=950.65 22.5° BEND RIM=967.57 RIM=968.67 FL(E)=964.37 FL(W)=965.43 HYDRANT ASSEMBLY FL(SW)=964.27 30' DRAINAGE EASEMENT 60 LF 8" WATER PIPE 2 D 42906 SF 106 LF 8" N-12 @ 1.0% Civil Engineering & Land Surveying Established 1959 0.98 AC 60 LF 8" WATER PIPE D "Planning Your Successful Development" Bishop Engineering H 22.5° BEND Y D 198 LF 8" WATER PIPE ST STRUCTURE #1 H SW-503 LOT B Y D T/C=965.67 53321 SF G=965.17 31 LF 15" RCP @1.6% 166 LF 8" N-12 @ 1.0% HYDRANT ASSEMBLY FL(SE)=963.11 S EX INTAKE 22.5° BEND 200 LF 8" PVC @ 1.0%

EX 24" RCP RIM=959.51 S 60 LF 8" WATER SANITARY SEWER EASEMENT ST

PIPE D SAN MH #1 SAN MH #2 SW-301 22.5° BEND SW-301 RIM=968.75 7 INV=957.40 30860 SF RIM=966.70 0.71 AC

62 LF 8" WATER PIPE 110 LF 8" PVC @ 1.0% INV=955.40 STORM & SANITARY SEWER EASEMENT SEWER SANITARY & STORM STRUCTURE #2 11.25° BEND S EX INTAKE SW-501 RIM=955.30

ST 140 LF 8" WATER T/C=965.67 FL(S)=949.57 PIPE G=965.17 FL(N)=949.67 FL(NW)=962.61 FL(NE)=962.61 FL(S)=962.51 1 HYDRANT 32734 SF ASSEMBLY SAN MH #3 0.75 AC 169 LF 15" RCP @ 1.0% SW-301 STRUCTURE #7 STRUCTURE #4 RIM=965.25 18" FES SW-503 INV=954.30 9 ST FL(S)=959.50 48812 SF T/C=964.08 141 LF 8" PVC @ 1.0% 1.12 AC 8 30 LF 18" RCP G=963.58 26461 SF @0.8% FL(E)=960.41 31 LF 15" RCP 0.61 AC STRUCTURE #8 FL(SW)=960.31 @1.0% SW-503 EX 24" RCP T/C=963.30

H STRUCTURE #3 G=962.80 Y D SW-503 ST EX SAN STUB FL(E)=957.24SANITARY SEWER EASEMENT D

FL=950.47 D T/C=964.08 FL(S)=957.04 32 LF 18" RCP WV G=963.58 121LF 8" SAN SWR @ S=1.00% 242 LF 8" PVC @ 1.0% @1.5% SAN S S FL(N)=960.82 FL(W)=960.72 D D 166 LF 18" RCP @ 1.5% D 14 LF 18" N-12 @0.8% D EX INTAKE EX MANHOLE SAN MH #4 RIM=955.20 RIM=963.08 SW-301 FL(S)=947.18 ST STRUCTURE #11 FL(W)=954.90 FL(N)=947.58 EX 18" RCP STUB LOT A 18" FES FL(E)=955.00 11262 SF NE 21ST STREET RIM=964.31 FL(N)=955.15 FL(E)=955.15 INV=952.89 FL(S)=957.00 WV 207 LF 8" WATER PIPE WV 8A D W H D Y SANITARY SEWER EASEMENT 11813 SF 31 LF 24" RCP @1.0% 0.27 AC WV STRUCTURE #14 STRUCTURE #12 STRUCTURE #5 MODIFIED SW-401 SW-401 SW-401 RIM=958.00 RIM=963.40 10 STRUCTURE #9 RIM=964.10 24609 SF FL(E)=956.72 FL(NE)=959.00 SW-501 233 LF 8" PVC @ 1.0% FL(W)=949.00

FL(NE)=959.83 0.56 AC ST FL(W)=955.15 T/C=963.30 FL(S)=959.83 39 LF 15" N-12 @2.0% G=962.80 FL(W)=959.73 STORM SEWER EASEMENT FL(N)=956.73 FL(S)=956.73 283 LF24"[email protected]% 243 LF 8" N-12 @ 1.0%

ST 14 36792 SF 0.84 AC 204 LF 8" WATER PIPE EX 30" RCP STORM SEWER&DRAINAGEEASEMENT PRELIMINARY PLAT - UTILITY PLAN ST PRELIMINARY PLAT MUSTANG RIDGE - GRIMES, IOWA

S 11 30158 SF SAN MH #5 0.69 AC SW-301

D RIM=966.45

H Y D INV=955.22

ST

STRUCTURE #6 SW-401 11A RIM=966.48 41438 SF FL(N)=962.26 HYDRANT ASSEMBLY 0.95 AC

ST STRUCTURE #10 EASEMENT MAIN WATER 15' SW-401 RIM=958.55 D FL(N)=954.47 FL(SE)=954.37 EX SW-513 INTAKE GRAPHIC SCALE OPEN ALL SIDES 47 LF 24" N-12 @0.8% 13 40 0 20 40 80 RIM=950.00

50940 SF FL(E)=943.00 ST 1.17 AC FL(W)=942.90 STRUCTURE #11 12 FL(N)=943.15

EX INTAKE 54229 SF XX" FES ST RIM=955.60 FL(S)=954.00 1.24 AC D FL(S)=950.65 198 LF 8" WATER PIPE EX 30" RCP STUB

M:\LAND PROJECTS 2016\160408\DWG\PRELIM PLAT - C4.1 UTILITY.DWG PLAT 2016\160408\DWG\PRELIM M:\LAND PROJECTS FL(E)=943.40 W W W W 160408

30' DRAINAGE EASEMENT 204 LF 8" WATER PIPE NE STATION CROSSING

C4.1 PRELIMINARY- NOT FOR CONSTRUCTION FOR NOT PRELIMINARY- 6/7/2018 3:11:12 PM 6/7/2018 3:11:12

ORDINANCE #704

AN ORDINANCE AMENDING THE GRIMES OFFICIAL ZONING MAP, PURSUANT TO THE CODE OF ORDINANCES SECTION 165.47 TO PROVIDE FOR THE FOLLOWING REZONING REQUEST:

SECTION 1. Purpose. The purpose of this Ordinance is to amend the official zoning map and the comprehensive land use map by changing approximately 40.23 acres with two parcels with the northern 24.12 acre parcel to be rezoned R-1 and the southern 16.11 acre parcel to be rezoned R-3 Medium

SECTION 2. Amendment. Pursuant to the Grimes Code of Ordinances Section 165.05 the official zoning map shall be amended as follows and this ordinance shall be noted in the Editor’s Note located after Section 165.47. The applicant has agreed to the following conditions associated with the rezoning of the R-3 Medium 16.11 acre property:

1. A landscape buffer shall be placed between the R-3 Medium and R-1 development. This buffer can be either on the R-3 Medium property or on the R-1 property. Existing trees can be utilized as a buffer.

2. Each residential unit shall have an attached garage.

3. The maximum unit height shall be less than 3 stories.

4. The property shall have at least two forms of ingress/egress access.

LEGAL DESCRIPTION Mustang Ridge

R3 (Medium Density)

An irregular shaped portion of the Southeast Quarter of Section 29, Township 80 North, Range 25 West of the 5th P.M., Polk County, Iowa is described as follows: Beginning at the southwest corner of the Southeast Quarter of the Southeast Quarter of said Section 29; thence N00°12’46”W along the west line of the Southeast Quarter of the Southeast Quarter of said Section 29, a distance of 623.74 feet; thence S89°29’32”E, a distance of 1125.31 feet; thence S00°13’38”E, a distance of 623.86 feet to the south line of the Southeast Quarter of the Southeast Quarter of said Section 29; thence N89°29’10”W along said south line, a distance of 1125.51 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 16.11 Acres.

R1 An irregular shaped portion of the Southeast Quarter of Section 29, Township 80 North, Range 25 West of the 5th P.M., Polk County, Iowa is described as follows: Commencing at the southwest corner of the Southeast Quarter of the Southeast Quarter of said Section 29; thence N00°12’46”W along the west line of the Southeast Quarter of the Southeast Quarter of said Section 29, a distance of 623.74 feet to the point of beginning; thence continuing N00°12’46”W along said west line, a distance of 708.36 feet to the southwest corner of the Northeast Quarter of the Southeast Quarter of said Section 29; thence N00°03’35”W along the west line of the Northeast Quarter of the Southeast Quarter of said Section 29, a distance of 443.97 feet; thence S89°41’01”E, a distance of 1049.34 feet to the west Right of Way line of Iowa Highway 141 as it is presently established; thence S20°16’01”E along said west Right of Way line, a distance of 571.06 feet; thence S82°21’57”W, a distance of 427.97 feet; thence S48°47’12”W, a distance of 284.68 feet; thence S13°16’51”E, a distance of 382.80 feet; thence N89°29’32”W, a distance of 693.68 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 24.12 Acres.

SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS OF RECORD.

SECTION 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of these ordinances are hereby 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 after its final passage, approval and publication as provided by law.

Passed by the City Council and approved by the City Council shall be approved.

ATTEST: ______Scott Mikkelsen, Mayor ______Rochelle Williams, City Clerk

101 North Harvey, Grimes, Iowa 50111 515.986.3036 Fax 515.986.3846

ORDINANCE #701

AN ORDINANCE TO AMEND THE GRIMES CODE OF ORDINANCES CHAPTER 69 PARKING REGULATIONS BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF GRIMES, IOWA

SECTION 1. Purpose. The purpose of this ordinance is to amend the Code of Ordinances Chapter 69 Parking Regulations section 69.11 Snow Removal

SECTION 2. Amendment.

69.11 SNOW REMOVAL. No person shall park or allow a vehicle to remain parked on a public street in the City from the time a designated snow event occurs until such time as the streets have been cleared of accumulated snow from curb-to-curb. during a winter storm event declared by the City. The Vehicle shall be removed immediately when there is a minimum of two (2) inches of snow on the ground or upon the announcement that the snow ordinance is in effect. The City Administrator or designee shall be responsible for determining when the a snow or ice event will require vehicles to be removed from street parking in order to facilitate safe and efficient treatment or removal of snow or ice. is of sufficient depth to be defined as a designated snow event and when the enforcement of this ordinance shall begin. Upon the declaration of the snow ordinance the City Administrator or designee shall establish a time when the enforcement of this ordinance shall begin and end. The City Administrator or designee is empowered to contact the designated media source when the snow ordinance is established and shall publish said designated media source in accordance in effect and shall publish said designated media source in accordance with Grimes Code of Ordinances Chapter 18.05. The City Administrator or designee is also empowered to end the prohibition on parking and shall notify media sources when that occurs if different than the established timeframe.

SECTION 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of these ordinances are hereby 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 after its final passage, approval and publication as provided by law.

Passed by the Grimes City Council on.

______Mayor Scott Mikkelsen ______Rochelle Williams, City Clerk

F:\Dropbox\DROPBOX 2018\Council 2018\CC061218\E. COUNCIL ACTIONS\B. ORDINANCE 701\Ordinance 701 Chapter 69.11 Snow Removal.docx

101 North Harvey, Grimes, Iowa 50111 515.986.3036 Fax 515.986.3846

ORDINANCE #698

AN ORDINANCE TO AMEND THE GRIMES CODE OF ORDINANCES CHAPTER 106 COLLECTION OF SOLID WASTE BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF GRIMES, IOWA

SECTION 1. Purpose. The purpose of this ordinance is to amend the Code of Ordinances Chapter106.10 to provide for the increase in the charge for collection of solid waste from $7.00 to $7.25

SECTION 2. Amendment.

Chapter 106.10 1 Fee shall be amended to read as follows:

1. Fee. The fee for solid waste collection for each residential premises and for each dwelling of a multiple- family dwelling is $7.00 $7.25. A second cart provided by the hauler may be requested and the resident will be required to pay the full fee charged to the City of Grimes by hauler in the amount of $9.39

SECTION 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of these ordinances are hereby 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 after its final passage, approval and publication as provided by law.

Passed by the Grimes City Council on.

______Mayor Scott Mikkelsen ______Rochelle Williams, City Clerk

F:\Dropbox\DROPBOX 2018\Council 2018\CC061218\E. COUNCIL ACTIONS\C. ORDINANCE 698\Ordinance 698 Increasing Garbage Rates.docx

101 North Harvey, Grimes, Iowa 50111 515.986.3036 Fax 515.986.3846

ORDINANCE #700

AN ORDINANCE TO AMEND THE GRIMES CODE OF ORDINANCES CHAPTER 105 SOLID WASTE CONTROL BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF GRIMES, IOWA

SECTION 1. Purpose. The purpose of this ordinance is to amend the Code of Ordinances Chapter 105 Solid Waste Control

SECTION 2. Amendment.

105.08 WASTE STORAGE CONTAINERS. Every person owning, managing, operating, leasing, or renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for refuse in accordance with the following: be provided with a 96 gallon garbage container by the hauler.

1. Container Specification. Waste storage containers shall comply with the following specifications:

A. Residential. Residential waste containers shall be of not less than ten (10) gallons or more than thirty (30) gallons in nominal capacity, except where only one container is used, in which case the container may be less than ten (10) gallons in capacity. The containers shall be leak proof, water proof and fitted with a fly tight lid which shall be kept in place except when depositing or removing the contents thereof. They shall have handles, bails or other suitable lifting devices or features and be of a type originally manufactured for the storage of residential waste with tapered sides for easy emptying. They shall be of light weight and sturdy construction with the total weight of an individual container and contents not exceeding sixty five (65) pounds. Galvanized metal containers, rubber or fiberglass containers and plastic containers which do not become brittle in cold weather may be used. Disposable containers or other containers as approved by the City may also be used.

Carts provided by the hauler shall be cleaned to prevent nuisance, pollution or insect breeding and shall be maintained in good repair. Carts provided by the hauler must be filled first and any additional normal household waste shall be placed in bags or boxes beside the cart. Residents may request a second cart that will be provided by the hauler and will be required to pay the full fee charged to the City of Grimes by the hauler for the second cart in addition to the normal monthly fee. No other types of containers will be picked up by the hauler.

SECTION 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of these ordinances are hereby repealed.

F:\Dropbox\DROPBOX 2018\Council 2018\CC061218\E. COUNCIL ACTIONS\D. ORDINANCE 700\Ordinance 700 Amending Chapter 105 Solid Waste Control.docx

101 North Harvey, Grimes, Iowa 50111 515.986.3036 Fax 515.986.3846 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 after its final passage, approval and publication as provided by law.

Passed by the Grimes City Council on.

______Mayor Scott Mikkelsen ______Rochelle Williams, City Clerk

F:\Dropbox\DROPBOX 2018\Council 2018\CC061218\E. COUNCIL ACTIONS\D. ORDINANCE 700\Ordinance 700 Amending Chapter 105 Solid Waste Control.docx

ORDINANCE 702

AN ORDINANCE AMENDING THE GRIMES CODE OF ORDINANCES CHAPTER 122 REGULATING TRANSIENT MERCHANTS BE IN ENACTED BY THE CITY COUNCIL OF THE CITY OF GRIMES, IOWA

SECTION 1. Purpose. The purpose of this Ordinance is to amend the Grimes Code of Ordinances Chapter 122 regulating the transient merchants to provide for regulation and licensing of mobile food vendors.

SECTION 2. Amendment. Grimes Code of Ordinances Chapter 122 is amended by the following underlined changes to Sections 122-61, 122-64, 122-65(4), and 122-68 and by adding a new Section 122-65A:

Article III - TRANSIENT MERCHANTS

122-61 DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Food service establishment” shall have that meaning established by section 481-30.2 of the Iowa Administrative Code (2018).

“Licensed premises” means an area approved for the operation of a transient merchant business under authority of a transient merchant license issued pursuant to this article.

“Pushcart” means a non-motorized cart which is self-propelled by the operator.

“Mobile Food Vehicle” means any motorized truck, van, or modified bus licensed by the State of Iowa to operate on the public roads and utilized by a licensed Mobile Food Vendor to conduct its business operations pursuant to this chapter.

“Mobile Food Vendors” are defined utilizing the following definition:

STATE LICENSING LEVEL CLASSIFICATION: The Iowa Department of Inspections and Appeals has established four classification levels for mobile food vendors that will be referenced as a part of this chapter. There are more requirements for each of the levels but in general the levels are as follows: Class I —Non-refrigerated vending units that serve only intact, non -potentially hazardous commercially prepackaged food and beverages. Examples include chips, crackers, cookies soda, and sweets in manufacturers’ packaging. Class II —Refrigerated or Hot vending units that serve potentially and non -potentially hazardous commercially prepackaged foods from an approved source. Examples include packaged sandwiches, ice cream bars, individually wrapped and cooked hot dogs. No cooking is allowed as part of a Class II unit. Class III —Units that serve potentially and non -potentially hazardous packaged food and unpackaged foods with limited assembly. These units are limited to pre-cooked foods from an approved source that may be reheated on the unit. Examples include pushcart operations, packaged salads, hot dogs, shaved ice. Class IV —Units that serve potentially and non -potentially hazardous foods that are prepared, cooked, cooled or reheated and assembled on the unit. Examples include self-contained mobile food units, food trucks and any units that are capable of preparing and producing food items from pre- cooked and/ or raw products (meat, fish, poultry, plant foods and dairy products) to finished product for consumption. …

______

122-64 APPLICATION FOR LICENSE. Every transient merchant shall apply to the city clerk for a transient merchant license at least three business days prior to use by providing the following information upon a form to be provided by the city clerk:

1. The full name, age, permanent address and phone number of the applicant.

2. A description of the merchandise to be sold.

3. The business name and address.

4. The starting date and duration of the proposed sale, and the specific hours, not less than six consecutive hours in every 24-hour period, when the site will be vacated as required by section 122-72(9). The hours of operation must also comply with the requirements of section 122-72(13), if applicable.

5. The address of the private property where the sale will be held, and the name and address of the property owner or person in control of that property.

6. A written statement from the property owner or person in control of the property listed in subsection (5) of this section that the applicant is authorized to use the property for a sale on the proposed dates.

7. The period of time the applicant has been engaged in the same or similar business, and the jurisdictions in which the applicant has previously conducted business in the last year.

8. A description of the structure, vehicle, tent, trailer or other configuration from which the sale will be conducted.

9. A site sketch which identifies the location of the licensed premises, the placement of any equipment and facilities used in the operation of the business, and the three off-street parking spaces if required by section 122-65(5), in relationship to the adjoining streets, public sidewalks, and property lines.

10. The application must be accompanied by a copy of all required permits and licenses, including but not limited to, a retail sales tax permit issued by the Iowa Department of Revenue and the appropriate food establishment license issued by the Iowa Department of Inspections and Appeals.

11. Written permission from a street use permit applicant if the proposed location for sales is within one thousand (1,000) feet of the perimeter of a street use closure for an event when an application is on file with the city clerk for a street use permit or when the street use permit has been issued.

12. A description of how bathroom facilities will be provided to satisfy the requirements of section 122-65.

13. Subsections 5, 6, 8, 9, and 12 of the above “Site Requirements” do not apply to mobile food vendor vehicles.

122-65 SITE REQUIREMENTS. A transient merchant license shall not be issued unless the premise upon which the transient merchant operates satisfies the following requirements. A transient merchant shall maintain the premises in a condition that satisfies the following requirements for the duration of the license. …

4. Additional requirements for a food service establishment. The licensed premises for any transient merchant which operates as a food service establishment shall conform to the following additional requirements. a. The business shall comply with the requirements established by Iowa Administrative Code §481-31.7 for a mobile food unit/pushcarts. b. Bathroom facilities must be provided for the business workers and customers on the licensed premises or by agreement for the use of bathroom facilities located within 500 feet of the licensed facilities. However, this requirement shall not apply to a pushcart. c. All mobile food vendor units that have cooking facilities or use products with grease laden vapors (units with Class III and Class IV state licenses) shall be inspected annually by the Fire Department prior to initiation of business operations within the city.

______

NEW 122-65A Mobile Food Vendor Vehicles

1. Class I, II, III and IV are allowed on private property with a transient merchant permit.

2. Class I or Class II Mobile Food Vendor Vehicles engaging in intermittent sales in the public right-of-way shall also be subject to the following: a. The mobile food vending unit shall not exceed five (5) miles per hour while playing music. b. Sales are restricted to pedestrians and only at such a time when the food vehicle has come to a complete stop and is legally parked. All sales must occur with the customer located on the curb side of the Mobile Vendor Food Vehicle and off the paved road surface. c. Hours of operation shall be no earlier than 10:00 AM and no later than 8:00 PM or sunset, whichever occurs first. d. No loudspeaker or other sound system which may disturb the peace in the area is permitted. Music from the food vehicle is permitted to draw attention to the sales operation, but shall not be of a magnitude to create a disturbance in the surrounding area. e. A sign displaying the name of the company and telephone number shall be affixed to the vehicle and be no smaller than one (1) square foot. f. The following roads shall not be stopped on or sales conducted:

SE 37th St, N./S. James St , HWY 44 (E./W. 1st), NW/NE Little Beaver Dr, NE/NW Beaverbrooke DR, SE 11th, SE 19th, SE 28th and any other street with a speed limit of over 25 mph.

3. Exemption: If utilizing a Mobile Food Vehicle or push cart as part of a City sponsored project or event, a transient merchant permit is not required, a Fire Department Inspection of the Mobile Food Vehicle or vending area will be required.

122-68 LICENSE ISSUANCE.

1. A transient merchant license shall not be issued more than fifteen days in advance of the commencement of the term of the license. Prior to issuance of seven-day or ninety-day transient merchant license the City Clerk shall confirm that no street use permit has been issued for an event that limits operation of the transient merchant pursuant to section 122-67.01. … ______

SECTION 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of these ordinances are hereby 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 after its final passage, approval and publication as provided by law.

Passed by the City Council on this___day of______and approved on this ____ day of______, 2018. ATTEST: ______Scott Mikkelsen, Mayor ______Rochelle Williams, City Clerk

ORDINANCE 703

AN ORDINANCE AMENDING THE GRIMES CODE OF ORDINANCES CHAPTER 165A BE IN ENACTED BY THE CITY COUNCIL OF THE CITY OF GRIMES, IOWA

SECTION 1. Purpose. The purpose of this Ordinance is to amend the Grimes Code of Ordinances Chapter 165A.24 Architectural Design and Treatment of Buildings

SECTION 2. Amendment. Grimes Code of Ordinances Chapter 165A is amended by referring to a reference guide under 165A.24

165A.24 ARCHITECTURAL DESIGN AND TREATMENT OF BUILDINGS. Any architectural design and building treatment must be approved by the City Council upon recommendation of the Planning and Zoning Commission. Illustrations of the proposed building must be submitted to the Planning and Zoning Commission and to the City Council which represents the physical appearance of the building. In considering the architectural design and treatment of the proposed building, the Planning and Zoning Commission and the City Council shall determine if the proposed structure meets the external material requirements for the Zone where it is located, is consistent with the intent of this Chapter to create an attractive appearance of construction in the Highway 141 Mixed Use Development Corridor District. * The Grimes Visual Design Standards report are incorporated by reference to complement the standards and requirements of Chapter 165A: Highway 141 Mixed Use Development Corridor District, and are used to reinforce the provisions of the ordinance. Chapter 165A may be amended from time to time and shall govern if there are conflicts.

SECTION 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of these ordinances are hereby 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 after its final passage, approval and publication as provided by law.

Passed by the City Council on this___day of______and approved on this ____ day of______, 2018. ATTEST: ______Scott Mikkelsen, Mayor ______Rochelle Williams, City Clerk

ORDINANCE #699

AN ORDINANCE AMENDING THE GRIMES OFFICIAL ZONING MAP, PURSUANT TO THE CODE OF ORDINANCES SECTION 165.47 TO PROVIDE FOR THE FOLLOWING REZONING REQUEST:

SECTION 1. Purpose. The purpose of this Ordinance is to amend the official zoning map and the comprehensive land use map by changing approximately 24.20 acres from A-1 Agricultural to C-2 zoning.

SECTION 2. Amendment. Pursuant to the Grimes Code of Ordinances Section 165.05 the official zoning map shall be amended as follows and this ordinance shall be noted in the Editor’s Note located after Section 165.47. The applicant has agreed to the following conditions associated with the rezoning of the commercial (C-2) property:

1. Property is subject to the HWY 141 Mixed Use Corridor District Overlay Zone & Transportation Overlay District. 2. NE Gateway Drive paving shall be 37-ft wide with the exception near the intersection of HWY 44 which will be greater to allow for turning movements. The right-of-way (ROW) width shall be a minimum of 75-ft wide. 3. A 12-inch water main shall be extended generally along HWY 44 from the terminus of the Kum&Go water stub east to NE Gateway Drive. A 12-inch water main shall be extended along NE Gateway Drive from the north property line south under HWY 44 to the existing water main connection. 4. Developer is responsible for a traffic signal pole, traffic loops, and pedestrian push buttons associated with NE Gateway Drive signal improvements. 5. Developer will reimburse the City for the associated costs for the 10-ft trail along HWY 44 from NE Gateway Drive to HWY 141 off-ramp (approximately 1,250-ft) once the Preliminary Plat for the development is approved. Developer will be required to pay all costs associated with the proposed 10-ft trail along future NE Gateway Drive. 6. Developer will install Mid-American black lights on NE Gateway Drive to match the Heritage Development.

LEGAL DESCRIPTION Hope Commercial

A PART OF THE SOUTH 120 ACRES OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 80 NORTH, RANGE 25 WEST OF THE 5TH P.M., CITY OF GRIMES, POLK COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 2016-175 OF SAID SECTION 32 AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 16208, PAGE 268, ALSO BEING A POINT ON THE WESTERLY RIGHT OF WAY LINE OF HIGHWAY 141; THENCE SOUTH 00°21'37" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE, 1190.24 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°21'37" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE, 76.59 FEET; THENCE SOUTH 18°54'41" WEST CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE, 577.70 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF EAST 1ST STREET; THENCE NORTH 89°48'24" WEST CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE, 300.00 FEET; THENCE SOUTH 84°57'22" WEST CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE, 602.52 FEET; THENCE NORTH 89°48'24" WEST CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE, 292.66 FEET; THENCE NORTH 00°11'36" EAST, 129.22 FEET; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 750.00 FEET, WHOSE ARC LENGTH IS 586.52 FEET AND WHOSE CHORD BEARS NORTH 22°35'48" EAST, 571.68 FEET; THENCE NORTH 45°00'00" EAST, 655.89 FEET; THENCE SOUTH 57°19'52" EAST, 827.59 FEET TO THE POINT OF BEGINNING AND CONTAINING 24.20 ACRES (1,053,984 SQUARE FEET). THE PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.

SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS OF RECORD.

SAID TRACT OF LAND CONTAINS 24.20 ACRES MORE OR LESS.

SECTION 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of these ordinances are hereby 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 after its final passage, approval and publication as provided by law.

Passed by the City Council and approved by the City Council shall be approved.

ATTEST: ______Scott Mikkelsen, Mayor ______Rochelle Williams, City Clerk

101 NE Harvey, Grimes, Iowa 50111 515.986.3036 Fax 515.986.3846

AGENDA MEMO

Item No. X For Meeting of June 12, 2018

AGENDA HEADING: Little Beaver & Prairie Creek Drainage Improvements – Easement Acquisition

SYNOPSIS: The City of Grimes requested a temporary construction easement from Steve Ellis to improve the drainage channel between Autumn Park West to NE County Line Road. The City offered compensation for this work along with crop damages totaling $14,425. Mr. Ellis rejected this offer and countered with a proposal that the City install a fence (steel posts with 3 strand wire) along his north property line. Assuming a cost of $8/LF for the fence, the cost for a new field fence is $12,560 for 1,570-ft. The total easement compensation is estimated at $26,985.

FISCAL IMPACT: The City of Grimes budgeted $900,000 for this improvement project scheduled to begin in the fall of 2018. The additional compensation for the $12,560 fence adds 1.4% to the project budget.

PREVIOUS COUNCIL ACTION(S): FOX presented this proposal to Council on May 22nd and Eric Johansen stated he would contact Steve Ellis to discuss their offer. Mr. Johansen may have information to report regarding these conversations.

BOARD/COMMISSION ACTION(S): N/A

STAFF/COMMITTEE RECOMMENDATION: In order to complete the project in this area (1/4 mile of drainage improvements) the temporary easement is necessary. Compensating Mr. Ellis for the fence is cost equivalent to condemnation proceedings. Condemnation could delay the project schedule and create ill-will with the Ellis family. Staff recommends approval of compensation for the Ellis construction easement in the amount of $26,985.

December 19, 2017

Dean and Lorraine Ellis 23757 Y Avenue Grimes, IA 50111

RE: Little Beaver & Prairie Creek Channel Restoration Project FOX Ref No: 702415B.470

Dear Property Owner:

Design of the Little Beaver & Prairie Creek Channel Restoration project is underway. As part of the design process for this project, easements acquisition is required to provide access to land and installation of materials during construction. The following documents are attached for your review and signature:

• Temporary Construction Easement Document • Easement Exhibit • Compensation Estimate

A temporary construction easement is being sought by the City of Grimes to allow temporary access and construction of the necessary project elements included as part of these documents. Please review the attached information.

A comparable sales analysis was completed on December 12, 2017 to determine fair market values for property based on property sales adjacent to the property. Compensation values are as defined in the compensation estimate attached for temporary easements and included a value of $30,434 per acre. The attached compensation estimate provides information in regard to the acres included with the temporary easement as well as the cost applied based on the typical rate of 10% of the comparable sales value. This results in compensation of $13,322.49 for 4.377 acres of temporary construction easement area.

In addition to the temporary construction easement, it is anticipated that crop damages may be necessary in the easement area during the construction period for the project. Therefore, rather than provide an assessment of the crop damages after construction is completed, the city of Grimes is offering to pay the crop damage in advance for crop damages in the amount and based on the following schedule:

• Tillable Land = 0.81 Acres • Average Corn Yield = 195 bu/acre • October 2017 Corn Cost per Bushel = $3.49 • 1st Year Crop damages of 100% of crop value = $551.25 City of Grimes 101 NE Harvey Grimes, Iowa 50111 Phone 515.986.3036 fax 515.986.3846 • 2nd Year Crop Damages of 50% of crop value for loss of yield due to compaction = $275.62 • 3rd Year Crop Damages of 25% of crop value for loss of yield due to compaction = $137.81 • 4th Year Crop Damages of 25% of crop value for loss of yield due to compaction = $137.81

Total = $1,102.49

If actual crop damages differ from that calculated by more than $100.00, then an adjustment to these crop damages may be completed at the request of the owner or the city of Grimes.

The City of Grimes or a City of Grimes agent will be in contact with you to discuss these documents. If you have any questions about the information included herein, please contact Steven Soupir of FOX Engineering Associates, Inc. at 515-233-0000.

Thank You for your cooperation in this matter.

Sincerely, FOX Engineering Associates, Inc.

Steven P. Soupir, P.E., CFM Project Manager

City of Grimes 101 NE Harvey Grimes, Iowa 50111 Phone 515.986.3036 fax 515.986.3846 AUTUMN PARK WEST PLAT 1

8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 10778SF 10736SF 10694SF 10652SF 10610SF 10568SF 11919SF NW RIDGEWOOD DR 14204SF 10861SF 10819SF 14920SF 11258SF 11216SF 11175SF 11133SF 11091SF 11049SF 14324SF

NW 8TH STREET

28 27 26 25 24 23 22 21 20 19 34 33 32 31 30 29 12160SF 10640SF 10640SF 10640SF 10640SF 10640SF 14096SF 10640SF 10640SF 10640SF 10640SF 10640SF 10640SF 10640SF 10640SF 12160SF MPE=957.50 OUTLOT X MPE=961.50 MPE=961.50 MPE=961.50 MPE=961.50 35,618 SF

OUTLOT Y

2.69 AC.

1.02 AC 1.02 STREET LOT A LOT STREET

VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT (190,684 S.F.) LITTLE BEAVER CREEK

TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A part of the W 1/2 in the Southwest Quarter of Section 31, Township 80, Range 25 of the 5th P.M., Polk County, Iowa being described as follows: The parcel that is within the W 1/2 in the Southwest Quarter of Section 31, Township 80, Range 25 of the 5th P.M., Polk County, Iowa, and the temporary construction easement lying South of Outlot Y of Autumn Park West Plat 1 containing 190,684 S.F., and as identified and located on this temporary easement Exhibit A-1.

FOX Engineering Associates, Inc. 414 South 17th Street, Suite 107 EASEMENT EXHIBIT Ames, Iowa 50010 Phone: (515) 233-0000 engineeringFAX: (515) 233-0103

TRAFFIC SIGNAL MAINTENANCE AGREEMENT NW URBANDALE DRIVE/ IOWA HIGHWAY 141 AND INTERSTATE 80/35

THIS JOINT TRAFFIC SIGNAL MAINTENANCE AGREEMENT (“Agreement”) is entered into on the effective date herein provided by and between the CITY OF GRIMES, IOWA, a municipal corporation organized and existing under the laws of the State of Iowa (“Grimes”) and the CITY OF URBANDALE, IOWA, a municipal corporation organized and existing under the laws of the State of Iowa (“Urbandale”), pursuant to Chapter 28E of the Iowa Code.

WHEREAS, Grimes and Urbandale wish to enter into a written agreement regarding the allocation of maintenance responsibilities, insurance and energy costs associated with traffic signal at NW Urbandale Drive/Iowa Highway 141 and Interstate 80/35.

NOW, THEREFORE, in consideration of the following mutual promises and agreements, the parties agree as follows:

1. Location. The parties agree to assume the responsibility for payment of the costs, as set forth herein, relating to the locating, maintenance and repair of traffic signals and fiber at NW Urbandale Drive/Iowa Highway 141 and Interstate 80/35.

2. Responsibility for Traffic Signals. Urbandale shall be responsible for the operation and maintenance of the traffic signals located south of Interstate 80/35 at its intersection with NW Urbandale Drive. Grimes shall be responsible for the operation and maintenance of the traffic signals located north of Interstate 80/35 at its intersection with Iowa Highway 141. Operation and maintenance shall include the following:

A. Electrical Service. The costs for electric service and power for all identified traffic signals. B. Operation and Maintenance. Operation and maintenance of all identified traffic signals. C. Location of Signal Wires. Locating of traffic signal wires for all identified traffic signals. D. Insurance Cost. The costs for insurance coverage of all identified traffic signals

3. Traffic Signal Timing and Location of Fiber. Urbandale shall be responsible for the following:

A. Traffic Signal Timing Improvements. Urbandale will be responsible for implementing traffic signal timing improvements for the identified traffic signals. B. Locating of Fiber. Urbandale will locate the traffic signal fiber running between the identified traffic signals.

4. Maintenance of Fiber. In the event a contracted party is required to maintain the fiber between the traffic signals, Urbandale shall contract for the maintenance and initially pay for the expenses, and 50% of the amounts paid by Urbandale shall be billed to Grimes.

5. Liability/Indemnification. Grimes shall indemnify, defend and hold harmless Urbandale for damages, claims, demands, suits, judgments, costs and expense arising from loss of or damage to private property and/or the death of or injury to private persons, relating to the services performed within its city limits, except to the extent caused by the gross negligence of Urbandale, or its agents, officers or employees. Urbandale shall indemnify, defend and hold harmless Grimes for damage, claims, demands, suits, judgments, costs and expense arising from loss of or damage to private property and/or the death of or injury to private persons, relating to the services performed within its city limits, except to the extent caused by the gross negligence of Grimes, or its agents, officers or employees.

6. Exercise of Powers. Each city shall exercise its powers within its respective corporate jurisdiction in furtherance of the project and shall retain sole responsibility for its jurisdictional authority.

7. Finances. Each city shall finance its share of the cost of maintenance responsibilities under this Agreement in such a manner as shall be determined by its respective City Council and as permitted by law. Both cities agree to cooperate to the extent necessary to allow both cities to fully comply with all laws applicable to the financing of and contracting for any work or activity contemplated by this Agreement.

8. Method of Approval. Grimes and Urbandale shall approve this Agreement by passage of its respective Resolution, which shall authorize the Mayor and City Clerk to execute this Agreement.

9. Filing/Recording of Agreement. After execution by the parties, this Agreement shall be filed with the Secretary of State of the State of Iowa in accordance with the provisions of Section 28E.8 of the Code of Iowa. The Agreement shall then be recorded in the Office of the Polk County Recorder in accordance with the provisions of Section 28E.8 of the Code of Iowa. Recording cost shall be shared equally between Urbandale and Grimes.

10. Effective Date. This Agreement shall become effective from and after the date on which this Agreement is recorded in the Office of the Polk County Recorder.

11. Termination. In the event that either party desires to terminate this Agreement, a written notice of termination shall be served upon the other party and this Agreement shall terminate sixty (60) days from the date of receipt of such notice by the other party.

12. Notices. Any notice under this Agreement shall be in writing and shall be deemed to be effective when personally served or deposited in the United States mail postage prepaid, addressed to the parties at the respective address set forth below:

To Urbandale: City Manager City of Urbandale 3600 86th Street Urbandale, IA 50322

To Grimes: City Administrator City of Grimes 101 NE Harvey Street Grimes, IA 50111

13. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Iowa.

14. Entire Agreement. This Agreement contains the entire Agreement between the parties and may not be changed except by an amendment in writing signed by the parties hereto.

15. Severability. If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect.

16. Further Assurances. Each party agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement.

IN WITNESS WHEREOF, have executed this Agreement this ______day of ______2018, effective as of the date set forth herein.

CITY OF GRIMES

By:______Mayor, Scott Mikkelsen

(SEAL)

ATTEST:

______City Clerk, Rochelle Williams

STATE OF IOWA ) ) ss: COUNTY OF POLK )

On this ______day of ______2018, before me,______, a Notary Public in and for the State of Iowa, personally appeared Mayor, Scott Mikkelsen and City Clerk, Rochelle Williams, 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 Grimes, 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 Ordinance No.______passed (the Resolution adopted) by the City Council, under Roll Call No.______of the City Council on the – ______day of ______, 2018, and that Scott Mikkelsen and Rochelle Williams acknowledged the execution of said instrument to be their voluntary act and deed and the voluntarily act and deed of the corporation, by it voluntarily executed.

______Notary Public in and for the State of Iowa

CITY OF URBANDALE

By:______Mayor, Robert Andeweg

(SEAL)

ATTEST:

______City Clerk, Deb Mains

STATE OF IOWA ) ) ss: COUNTY OF POLK )

On this ______day of ______2018, before me,______, a Notary Public in and for the State of Iowa, personally appeared Mayor, Robert Andeweg and City Clerk, Marcia Deb Mains, 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 Urbandale, 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 Ordinance No.______passed (the Resolution adopted) by the City Council, under Roll Call No.______of the City Council on the – ______day of ______, 2018, and that Robert Andeweg and Deb Mains acknowledged the execution of said instrument to be their voluntary act and deed and the voluntarily act and deed of the corporation, by it voluntarily executed.

______Notary Public in and for the State of Iowa

TRAFFIC SIGNAL MAINTENANCE AGREEMENT NW URBANDALE DRIVE/ IOWA HIGHWAY 141 AND INTERSTATE 80/35

THIS JOINT TRAFFIC SIGNAL MAINTENANCE AGREEMENT (“Agreement”) is entered into on the effective date herein provided by and between the CITY OF GRIMES, IOWA, a municipal corporation organized and existing under the laws of the State of Iowa (“Grimes”) and the CITY OF URBANDALE, IOWA, a municipal corporation organized and existing under the laws of the State of Iowa (“Urbandale”), pursuant to Chapter 28E of the Iowa Code.

WHEREAS, Grimes and Urbandale wish to enter into a written agreement regarding the allocation of maintenance responsibilities, insurance and energy costs associated with traffic signal at NW Urbandale Drive/Iowa Highway 141 and Interstate 80/35.

NOW, THEREFORE, in consideration of the following mutual promises and agreements, the parties agree as follows:

1. Location. The parties agree to assume the responsibility for payment of the costs, as set forth herein, relating to the locating, maintenance and repair of traffic signals and fiber at NW Urbandale Drive/Iowa Highway 141 and Interstate 80/35.

2. Responsibility for Traffic Signals. Urbandale shall be responsible for the operation and maintenance of the traffic signals located south of Interstate 80/35 at its intersection with NW Urbandale Drive. Grimes shall be responsible for the operation and maintenance of the traffic signals located north of Interstate 80/35 at its intersection with Iowa Highway 141. Operation and maintenance shall include the following:

A. Electrical Service. The costs for electric service and power for all identified traffic signals. B. Operation and Maintenance. Operation and maintenance of all identified traffic signals. C. Location of Signal Wires. Locating of traffic signal wires for all identified traffic signals. D. Insurance Cost. The costs for insurance coverage of all identified traffic signals

3. Traffic Signal Timing and Location of Fiber. Urbandale shall be responsible for the following:

A. Traffic Signal Timing Improvements. Urbandale will be responsible for implementing traffic signal timing improvements for the identified traffic signals. B. Locating of Fiber. Urbandale will locate the traffic signal fiber running between the identified traffic signals.

4. Maintenance of Fiber. In the event a contracted party is required to maintain the fiber between the traffic signals, Urbandale shall contract for the maintenance and initially pay for the expenses, and 50% of the amounts paid by Urbandale shall be billed to Grimes.

5. Liability/Indemnification. Grimes shall indemnify, defend and hold harmless Urbandale for damages, claims, demands, suits, judgments, costs and expense arising from loss of or damage to private property and/or the death of or injury to private persons, relating to the services performed within its city limits, except to the extent caused by the gross negligence of Urbandale, or its agents, officers or employees. Urbandale shall indemnify, defend and hold harmless Grimes for damage, claims, demands, suits, judgments, costs and expense arising from loss of or damage to private property and/or the death of or injury to private persons, relating to the services performed within its city limits, except to the extent caused by the gross negligence of Grimes, or its agents, officers or employees.

6. Exercise of Powers. Each city shall exercise its powers within its respective corporate jurisdiction in furtherance of the project and shall retain sole responsibility for its jurisdictional authority.

7. Finances. Each city shall finance its share of the cost of maintenance responsibilities under this Agreement in such a manner as shall be determined by its respective City Council and as permitted by law. Both cities agree to cooperate to the extent necessary to allow both cities to fully comply with all laws applicable to the financing of and contracting for any work or activity contemplated by this Agreement.

8. Method of Approval. Grimes and Urbandale shall approve this Agreement by passage of its respective Resolution, which shall authorize the Mayor and City Clerk to execute this Agreement.

9. Filing/Recording of Agreement. After execution by the parties, this Agreement shall be filed with the Secretary of State of the State of Iowa in accordance with the provisions of Section 28E.8 of the Code of Iowa. The Agreement shall then be recorded in the Office of the Polk County Recorder in accordance with the provisions of Section 28E.8 of the Code of Iowa. Recording cost shall be shared equally between Urbandale and Grimes.

10. Effective Date. This Agreement shall become effective from and after the date on which this Agreement is recorded in the Office of the Polk County Recorder.

11. Termination. In the event that either party desires to terminate this Agreement, a written notice of termination shall be served upon the other party and this Agreement shall terminate sixty (60) days from the date of receipt of such notice by the other party.

12. Notices. Any notice under this Agreement shall be in writing and shall be deemed to be effective when personally served or deposited in the United States mail postage prepaid, addressed to the parties at the respective address set forth below:

To Urbandale: City Manager City of Urbandale 3600 86th Street Urbandale, IA 50322

To Grimes: City Administrator City of Grimes 101 NE Harvey Street Grimes, IA 50111

13. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Iowa.

14. Entire Agreement. This Agreement contains the entire Agreement between the parties and may not be changed except by an amendment in writing signed by the parties hereto.

15. Severability. If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect.

16. Further Assurances. Each party agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement.

IN WITNESS WHEREOF, have executed this Agreement this ______day of ______2018, effective as of the date set forth herein.

CITY OF GRIMES

By:______Mayor, Scott Mikkelsen

(SEAL)

ATTEST:

______City Clerk, Rochelle Williams

STATE OF IOWA ) ) ss: COUNTY OF POLK )

On this ______day of ______2018, before me,______, a Notary Public in and for the State of Iowa, personally appeared Mayor, Scott Mikkelsen and City Clerk, Rochelle Williams, 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 Grimes, 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 Ordinance No.______passed (the Resolution adopted) by the City Council, under Roll Call No.______of the City Council on the – ______day of ______, 2018, and that Scott Mikkelsen and Rochelle Williams acknowledged the execution of said instrument to be their voluntary act and deed and the voluntarily act and deed of the corporation, by it voluntarily executed.

______Notary Public in and for the State of Iowa

CITY OF URBANDALE

By:______Mayor, Robert Andeweg

(SEAL)

ATTEST:

______City Clerk, Deb Mains

STATE OF IOWA ) ) ss: COUNTY OF POLK )

On this ______day of ______2018, before me,______, a Notary Public in and for the State of Iowa, personally appeared Mayor, Robert Andeweg and City Clerk, Marcia Deb Mains, 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 Urbandale, 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 Ordinance No.______passed (the Resolution adopted) by the City Council, under Roll Call No.______of the City Council on the – ______day of ______, 2018, and that Robert Andeweg and Deb Mains acknowledged the execution of said instrument to be their voluntary act and deed and the voluntarily act and deed of the corporation, by it voluntarily executed.

______Notary Public in and for the State of Iowa