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Home My WebLink About~Master - Storm Sewer - Asgrow Seed Company • *w.No. q 7.01'- STORY COUNTY, IOWA Document prepared by FILED FOR RECORD 1A i Jay P.Walton,GLAA, 1932 SW 3rd,Ste.2,Ankeny, 1A 50021,for: PEW TO.- of Ames,Dept.of Public Works TS Z 4199? � • City Hall Q Ox-Fl A gjo�j� 515 Clark Ave. f Ames,IA 50010 S WAN L VANK Rewdn9 Fee S ♦ O�- PERMANENT EASEMENT Audws Fee;FOR STORM SEWER PURPOSES KNOW ALL PERSONS BY THESE PRESENTS: That ASGROW SEED COMPANY (hereinafter called "Grantor") in consideration of One Dollar ($1.00), does hereby convey unto the City of Ames, Iowa, a municipal corporation (hereinafter called the "City") the following Permanent Easement for Storm Sewer Purposes on the following described real estate: A strip of land 10 feet on each side of the following described centerline; commencing at the NE comer of the SW'ANE'/ of Section 11, T83N, R24W of the 5th P.M., Ames, Story County, Iowa; thence south along the east line of the SW'/NE'/ 994.3 feet; thence west 194.75 feet to the point of beginning; thence S00O 19' east to the centerline of Squaw Creek, containing 0.477 acres, more or less. See attached plat marked and made a part hereof. (hereinafter called "Easement Area") for the purpose of the City constructing, reconstructing, repairing, enlarging and maintaining a storm sewer, together with necessary appurtenances thereto, under, over, through, and across said Easement Area. This Permanent Easement shall be subject to the following terms and conditions: 1. Approval by the Acquiring Authority. This Permanent Easement shall not be binding until it has received the final approval and acceptance by the City of Ames. 2. Duly to Repair. The Acquiring Authority agrees that any drain tile, drive or accessway, fence, yard or other improvements which may be damaged as a result of any entry made through an exercise of the Acquiring Authority's right of access shall be promptly repaired at no expense to the Grantor. 3. Right of Access. Acquiring Authority shall have the Permanent Easement right of ingress and egress on, over, under, through and across the described real estate for the purpose of constructing, reconstructing, repairing, enlarging and maintaining storm water containment improvements together with necessary appurtenances thereto, including but not limited to the right to remove any unauthorized obstructions or structures placed or erected on or within the Permanent Easement Area. 4. Erection of Structures Prohibited. Grantor shall not erect any structure over or within the -Permanent Easement Area without obtaining the prior written consent of the Acquiring Authority. 5. Hazardous Conditions. Grantor represents and warrants that there are no known wells, solid r ' waste disposal site, hazardous waste, underground storage tanks, or any other similar hazardous conditions adversely affecting the environment on the described real estate. 6. Intention of Use of Words and Phrases. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to context. 7. Permanent Easement Runs With the Land. This Permanent Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's successors and assigns. 8. Dower, Homestead and Distributive Share. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the Permanent Easement conveyed. 9. Warrant of Title. Grantor does hereby covenant with the City that Grantor holds said real estate described in this easement by title in Fee Simple; that Grantor has good lawful authority to convey the same; and that said Grantor covenant to Warrant and defend the said real estate against the lawful claims of all persons whomsoever. Signed this day of r oL-fV 19±7 By: ASGROW SEED COMPANY (Name/Title) (Name/Title) (Name/Title) (Name/Title) ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: INDIVIDUAL STATE OF 1� �� } CORPORATE COUNTY OF Sri } ss. Title(s) of Corporate Officer(s): On this 14- day of f�w1� 4 , A.D. 19`f-I before me, the un ersi��}}ed, a Notary Public in and for said State, personally appeared _Corporate Seal is affixed f s ost e((E No Corporate Seal procured _ PARTNER(s): _ Limited Partnership _General Partnership to me personally known _ATTORNEY-IN-FACT or _ proved to me on the basis of satisfactory evidence _EXECUTOR(s) or TRUSTEE(s) _GUARDIAN(s) or CONSERVATOR(s) to be the person(s) whose name(s) is / are subscribed to the within instrument _OTHER: and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his / her/ their signature(s) on the SIGNER IS REPRESENTING: instrument the person(s), or the entity upon behalf of which the person(s) List name(s) ofperssonC(s) or entity(ies) acted, executed the instrument. (NOTARY SEAL) aZ (Sign in Ink) (Print/Type Name) to blic in and for the State of—�Dr,,)4 l� �zu�w�issioL f r��r Y7-`f-T 9�-- OJL72JL CZ) SUPPLEMENTAL AGREEMENT In addition to the terms of the Permanent and Temporary Easement attached hereto, the following supplemental terms and conditions shall apply: (hereinafter the City of Ames shall be referred to as"City" and Asgrow Seeds shall be referred to as "Grantor") 1. Storm sewer pipe joints shall be sealed water tight or wrapped with fabric to prevent soil migration into the pipe. 2. The top two feet of soil across the cropland south of the City well field will be stripped, stockpiled and replaced on excavated areas. 3. Two feet minimum depth of cover over top of pipe will be maintained at all times. 4. The City shall eliminate the existing detention pond at the South end on S. Bourne Ave. at no expense to Grantor. 5. The elevation of the reconstructed access road surface over the top of the storm sewer pipe shall maintain an increase of elevation from the adjacent, undisturbed cropground not to exceed .75 feet without permission of Grantor. Slopes from fields to road surface shall be constructed in cooperation with Grantor as not to restrict Grantor's continued use of the slope and road surface as a turn-around area for agricultural machinery. 6. Construction shall not commence until ground is frozen, or until Grantor has given permission to proceed, to reduce any compaction within the easement area due to construction. The work will be complete within one (1) year of this agreement. 7. The Temporary Easement area shall be fenced by contractor and construction shall take place within the constiaints of the fenced in area to the best of the contractor's ability, unless Grantor permits contractor to do otherwise. The terms and conditions of this Supplemental Agreement shall be attached to the Permanent Easement and shall be declared a part thereof. of Ames: Grantor: Asgrow Seeds '01T ;By: By: 9-2- 01721 ( 3) STORM SEWER EASEMENT. PLAT CITY OF AMES, IOWA ENGINEERING DEPARTMENT DATE K OWNER: ASGROW SEED CO. C/O THE UPJOHN CO. CORPORATE TAXES 7000 PORTAGE RD. KALAMAZOO MI. 49001 SCALE t� = 300' i NE COR. SW 1/4 NE 1/4 z SEC. I1-83-24 v1; rn N /W z_ J 1 W -194.75'- 1 O' I O' T ,l (''I `,I � I, i is _I T I. I S UAW CREEK A strip of land 10 feet on each side of the following described centerline; commencing at the NE corner of the SWIA NE'A of Section 11, T83N 'R24W of the 5th P.M., Ames, Story County, Iowa; thence south along the east line of the SWIA NEIA 994.3 feet; thence west 194.75 feet to the point of beginning; thence S 000 19' east to the centerline of Squaw Creek. Containing 0.477 acres more or less. RECORDED: - INSTRUMENT .NO. --------------- DATE q-7- OJL721 �`��