HomeMy WebLinkAboutA005 - Legal Memo dated November 15, 2017 regarding revision to 1995 Utility Easement (CAF) 11
MEMO
CITY 4F
k = Ames" Legal Department
Caring People•Quality Programs Exceptional Senice
To: Mayor Campbell and Members of the City Council
From: Victoria A. Feilmeyer, Assistant City Attorney `
Date: November 15, 2017
Subject: Revision to 1995 Utility Easement for the Property at 1313 Jefferson Street
Recently, Paul and Megan Sodahl purchased the property locally known as 1313
Jefferson Street, and legally described as "Lot 8, First Addition, Glenview Heights
Subdivision to Ames, Story County, Iowa." The attorney examining title for the
Sodahls identified an easement granted to the City of Ames in 1995 over the East 5 feet
of the property which did not state the purpose of the easement.
The Public Works Department has confirmed that the purpose of the easement was for
"constructing and maintaining a permanent storm sewer easement." The property owner
has requested that the City consent to an Amendment, prepared by the property owners'
attorney, which modifies the 1995 Easement to expressly state the intended purpose of
the easement. The requesting party has provided the City with the necessary recording
fees for the Amendment. Copies of the 1995 Easement and proposed Amendment are
attached.
We recommend approval of the Amendment, as requested by the property owner, to
confirm the intended purpose and scope of the Easement.
Legal Department �; r` :515 239 6146 15 Ciark Ave �x 1
5152395�421� Ames IA5001D ,�� I
' CityofAmes org
° RIGHT OF WAY PERMIT AND EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
C
That (1/we), A. L. & C. J. Sodahl (do/does)-hereby grant unto the City of Ames, Iowa, a :
municipal corporation its successors.and assigns, the perpetual right to enter upon the ,
land described and the perpetual right to construct, reconstruct, clean up, 9perate,
maintain, and cover over and repair an easement upon, under, and across-the land
described as-follows:
DESCRIPTION:
A _permanent easement located in the E. 5' of Lot 8, .Glenview-Heights 1st Addn. all 1
located in the City of Ames,Story County, Iowa and containing 0.02 acres more or less.
A temporary construction easement located in the E. 7' of Lot 8, Glenview Heights 1st
Addn. all located In the City of Ames, Story County, Iowa and containing 0.02 acres more
or less.
See-attached plat marked and made a part hereof.
The foregoing rights are granted-upon the express condition that the City of Ames, Iowa,
will assume all liability-for all damages to the above described property caused by the
City's failure to use due care in its exercise of-the rights granted.
Dated at Ames, Iowa,this day of l JCo62 r . 1995
Ian, o� . .���r
STATE OF IOWA )
COUNTY OF a)ry )ss
On this S day of Oc QL-L- 1-9 93 before me the undersigned, a
notary public in and -for said County, in said State, personally appeared
h/ to me known-to-be the identical (person/persons)
named in and wh6 executed the within and foregoing Instrument,and acknowledged that
they executed the same as their voluntary act and deed.
News
MT.No. C - �-
STORY NT 10IWA '
55 FILED FOR RECORD otary Public and for the State of Iowa.
CAM OCT 1 1 1 95 3+eve. Ste p harp
va�e�Ka�`,p
W L AMDe Alff,ii�o0r01t'IDdJ
w.a
EASEMENT
PLAT
CITY OF AMES, IOWA ENGINEERING DEPARTMENT
"tOATE
' -cn
OWNER: A.L. a C.J. SODAHL om
1313 JEFFERSON ST.
AMES, IOWA
i
� d
z 8
-R�
W Z
8
J
m
9
z.
A permanent easement located in the E.5'of Lot 8,Glenview.Heights 1 st Addn.all
located in the City of Ames,Story County,Iowa and containing 0.02 acres more or less.
A temporary construction easement located in the E.7'of Lot 8,Glenview Heights 1-st
Addn,all located in the City of Ames,Story County, Iowa and containing 0.02 acres ,
more or less.
A
RECORDED:
4NSTRUNENT•.M._...
DATE ,�--
95— 09018 C2>
is
{
t
r
Y
£i
:f
Space above for recording data
Prepared By:Timothy L.Gartin Att'y at Law,409 Duff,Ames,IA 50010 515-232-2501
Return Document To:Timothy L.Ganin,Att'y at.Law,409 Duff,Amcs,IA 50010
Amendment to Right of Way Permit and Easement `
involving the following described real estate in Story County,Iowa:
Lot 8, First Addition, Glenview Heights Subdivision to Ames, Story
County,Iowa.
mn+ez,mro r.a.r'e• Ar+O (nCCG4H j. S aa.4ht.
KNOW ALL PERSONS BY HIS INSTRUMENT that Paul Sodahl,currently of
1313 Jefferson St.,Ames,IA 50010,a single persett does hereby amend the Right of Way
Permit and Easement(hereafter Easement),filed October 11, 1995 as Inst. No. 95-09018
of the county records,as follows:
1. Amendment. The Easement is hereby amended to provide for a specific i.
purpose because the original Easement was silent as to the type of easement conveyed.
The first sentence in the Description section of said Easement shall be modified by adding
the following provision:
The easement shall be for the purpose of constructing and maintaining a
permanent storm sewer easement.
2. Affirmation of Easement. In all other respects, the Easement is hereby
affirmed and remains in full force and effect.
3. Approval of amendment.The City of Ames, Iowa, hereby approves this
amendment to the Easement.
Io-Ail-r-1
Paul Sodahl Date
n'tEUAty J. S.>7RhL 7q
we._.,au;,�.,s.,..:..,�,...,.:...,,..._._n. :z: .�...�a.�......,.a......,_...,....�.�,..r.�a.� ..�...s:^:i�.a......_..:., �ar�a.i��.A:�..��..:,:.w....� .a.,�,..�:..s....
State of Iowa,Story County)SS.
This record was acknowledged before me on October 23,2017 by Paul Sodahl and
Megan J.Sondahl.
Sign name here
Print name here
Notary Public in and for said State and County
<PR�uJf9 Timothy L. Gartin My commission expires:
* * Commission Number 185505
My Commission Expires
�oWa July 10,2020
City of Ames,Iowa
By
Ann Campbell,Mayor Date
State of Iowa,Story County)SS.
is
This record was acknowledged before me on 2017
by Ann Campbell as Mayor of the City of Ames,Iowa.
Sign name here r
Print name here- i
Notary Public in and for said State and County
My commission expires:
l
:I
1
f
2
`i