HomeMy WebLinkAbout~Master - Well Water Line - Carney & Sons, Inc. - Youth Sports Complex Well Field ,
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INST.NO. q t T 10703
- ' sFILED OR R C RDA Z%
® W AUG 03 1998 PM
SUSAN L.VANDE KAMP,Reoonder s
PSMING FEE$ I IQ-DD
AUDITR'S FEE$
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146)
RIGHT-OF-WAY EASEMENT FOR WATER CONDUITS
AND TEMPORARY CONSTRUCTION EASEMENT
FOR THE CITY OF AME PORTS COMPLEX WELL FIELD
S S
This Easement Agreement made as of the day of 1998 b and
gr ^� y y
between THE CITY OF AMES,IOWA,hereinafter called grantee,and RRY ARNEY&SONS,INC.,
hereinafter called grantor,witnesseth:
For and in consideration of the sum of$500.00,the receipt of which is hereby acknowledged,the grantor,
its successors and assigns,hereby grants to the City of Ames,Iowa,grantee,a right-of-way in which to construct,
maintain,repair,replace,enlarge,and operate water conduits,with necessary valves,vaults,manholes,ventilators,
and appurtenances,plus ingress and egress in,through,over, and across the following described tract of land
situated,lying,and being in the City of Ames,County of Story and State of Iowa,to wit:
"The East 25 feet of the NE'/4 of the SE'/4 of Section 11 - T83N-R24W starting 1,130 feet
South of the North line of the NE'/4 of the SE'/4 of Section 11 -T83N-R24W,continuing 200
feet South to the South line of the NE'/4 of the SE'/4 of Section 11."
Plus a temporary construction easement for work area and material storage over:
"The West 10 feet of the East 35 feet of the NE'/4 of the SE'/4 of Section 11 -T83N-R24W,
starting 1,130 feet South of the North line of the NE'/4 of the SE'/4 of Section 11 - T83N -
R24W,continuing 200 feet South to the South line of the NE'/4 of the SE'/4. of Section 11."
It is hereby mutually covenanted and agreed by and between the parties hereto as follows:
1. The right-of-way hereby granted is for a subsurface right for said water pipes,or conduits,which
shall be laid not less than two and one-half feet below the natural surface of the adjacent ground,and for the use
of the surface of the ground only for manholes,ventilators,and other necessary surface appurtenances and the
right to maintain,repair,replace,enlarge,and operate the pipes,or conduits, and its appurtenances,together with
the right for ingress and egress over the above-described tract of land.
2. Any damage done to growing crops as a result of construction,repair,and other work done by
grantee in the exercise of its rights hereunder,shall be paid by the grantee to the owner of such crop,but grantor
shall not plant in the permanent easement area nor in the temporary easement area in the year when construction
is anticipated,reasonable notice of which will be given by the grantee.
3. The grantor shall not erect or place any building or plant any tree on any of the above described
right-of-way,and the grantee shall not be liable for damages occasioned by their removal or injury when done
to protect its facilities.
1
4. Grantor warrants that he has full right and lawful authority to make the grant hereinabove
contained,and promises and agrees to defend the grantee in its exercise of rights hereunder against any defect
in his title to the land involved or his right to make the grant hereinabove contained.
5. Each and every one of the benefits and burdens of this agreement shall inure to and be binding
upon the respective legal representatives,heirs,executors,administrators,successors,and assigns of the parties
hereto.
In witness whereof,the parties have executed the within agreement as of the day and year first above
written.
JERRY CARNEY&SONS,INC.
By BY
STATE OF IOWA,S COUNTY,ss:
On this_rT day of A.D. 1998,before me,the undersigned,a Notary
Pu lic in a d for said State, personally dppeared �kta'�thew C1r „ aand,,
to a perso lly known, who being by me duly sworn,jd say that_ t
1,{
ice-
and respectively,of said corporation; (that na �, as peen ..
procured by said corporation)(that the seal affixed theret is the seal of said corporation);that said instrunrl Was sgne
tF Y ,:lh � �
AAW
b alf of said co oratio b author of its Board of Directors err of sad s
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and as such officers,aclogvlellg .` r:
execution of said instrument t e the voluntary act and deed of said corpora' n,by it and by them volurta ex e4i
y C; 1,
Notary ''Pu lic and for Iowa
tOW
a a
x' fiy B By
T'Tedesco,Mayor Jill Ripperger,City C k
t,.
STiNTf� �QF IOWA,COUNTY OF STORY,ss:
this day of 199 before me a Not r•Public ir,and for the State of Iowa,personally
'On �> Y P Y
Y
II;~ appeared Ted Tedesco and Jill Ripper ,er,to me personally known,and,who,being by me duly sworn,did say that they
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are the Mayor and City Clerk,respectively,of the City of Ames,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 corporatio , by
authoriVf its City Council,as c nta. d in Resolution No. -3? adopted by the City Council on the- aY
Of 41 L , 1 $Rand that Ted Tedesco and Jill Ripperger acknowledged the execution of the instrument
to be their v luntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed.
Al
ApA -&a:e2r���
Notary Public in and for Story County,Iowa
PazksJCarney.603 KAREN C.THO�MP,S.ON
f' MYC9M ' EXPIRES
_L_._
xown
AFFROVED AS TO FORM
2
John R. Klaus ^1U703 (Z`
City Att torney )
Asgrow 1 1 D12
Asgrow
NE 1/4 SE 1/4
I
SEC 11-T83N-R24W
From Jerry Carney & Sons
PERMANENT EASEMENTi The East 25 feet of City of Ames
the NE 1/4 of the SE 1/4 of Section 11,
Township 83 North, Range 24 West, starting
1,130 feet South of the North line of the
NE 1/4 of the SE 1/4 of Section 11, Township:
83 North, Range 24 West, continuing 200
Feet South to the South line of the NE 1/4: NW 1/4 SW 1/4
of the SE 1/4 of Section 11. SEC 12—T83N—R24W
CONSTRUCTION EASEMENT% The West 10 feet
of the East 35 feet of the NE 1/4 of the
SE 1/4 of Section 11, Township 83 North,
Range 24 West, starting 1,130 feet South of
the North line of the NE 1/4 of the SE 1/4
of Section 11, Township 83 North, Range 24
West, continuing 200 feet South to the
South line in the NE 1/4 of the SE 1/4 of
Section 11. Fred and Mildred Lange
Permanent Water
Main Easement (25')
Temporary Construction
Easement (10')
Pamela K. Bradshaw
Revisions Date City of Ames, Iowa
DWG NO
Drown Water Pollution Control Department
JD
Utility Easements
cneakeave SE Well Field TO YSC Well Field
Approved SS JERRY CARNEY & SONS
10703 C 3 1 30 East 3 Street Ames,) Iowa 50010
0" J Da�7� � (Y515) 239-9-5150 (515239-5251 (FAX) of 4
• REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
PART 1 - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
Social Security No. I
'RANSFEROR Name' �'� CL(rV\.'P- 64 Cw C (or Federal I.D. No.) l`
Address l�/ -Q
Number and Street or RR City,Town or P. State Zip
Social Security No.
'RANSFEREE Name (or Federal I.D. No.)
Address 30 Eaq :� 5 fi gvzu --r Jl�
Number and Street or RR City,Town or P.O. State Zip
address of Property Transfered
Number and Street or RR City,Town o�rjP.00. / State Zip
.egal Description of Property
V'a I
1 t na F, �t- qv 9W A Z47 J,'O,e � �o ��
1.- Wells (check one)4
$here are no known wells situated on this property.
❑ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below.
2. Solid Waste Disposal (check one)
)Rf- tere is no known solid waste disposal site on this property.
❑ There is a solid waste disposal site on this property, but no notice has been received from the Department
of Natural Resources that the site is deemed to be potentially hazardous.
❑ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous
by the Department of Natural Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one)
0-3-here is no known hazardous waste on this property.
❑ There is hazardous waste on this property and it is being managed in accordance with Department of
Natural Resources rules.
4. Underground Storage Tanks(check one)
tanks on this property. Note exclusions such as smal
l farm
,-There are no known underground storage to p p y
and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.)
❑ There is an underground storage tank or tanks on this property. The type(s), size(s) and any known
substance(s) contained are described below.
Information, if any, required by statements checked above:
Attachment for Additional Information? Y / N If so, number of pages
1 HEREBY DECLARE THAT THE I ORMATION CONTAINED IN PART I OF THIS STATEMENT IS TRUE
AND CORRE M4
Signature: Telephone Number: ( )
(Tra r or Agent)
-------------------- —
PART If - TO BE COMPLETED BY RECORDER
Date of Instrument __ Book/I.D.F 771 Page/I.D. C�
U
Date of Recording City or Township _
Deed [-]
Contract ❑ County I __j
------------------------------------------------------------------------------------------
DNR form (SEPT. 92) FILE WITH RECORDER 542.0960
(See Instructions, #5)
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT •
The transferor of real property is required to complete 3. Hazardous Wastes - "Hazardous waste" is defined in M
Part I of this form. The purpose of the statement is to Iowa Code section 455B.411, 567-141.2 (455B), I.A.C.,
satisfy legal requirements for filing instruments of and federal regulations referenced therein. It is generally
conveyance of real property with the county recorder(Iowa defined as waste that poses a threat to human health or
Code Section 558.69). The Department of Natural the environment. It includes wastes which are ignitable,
Resources does not approve or disapprove of property corrosive,toxic,explosive,violently reactive,or specifically
transfers based on these statements. The statement must listed as hazardous in the Code of Federal Regulations
be signed by one of the persons transferring the property (40 CFR 261). EXCLUDED are household wastes,
interest or that person's agent. An agent signing this form agricultural wastes returned to the soil as fertilizers or soil
represents the information from transferor to be correct. conditioners, agricultural chemicals applied or disposed
of by a farmer in accordance with the manufacturer's.
For the most part the information requested is clear(name, instructions,triple-rinsed agricultural chemical containers
address, SSN, etc.). One statement under each of the disposed of by farmers (where the rinsate is used as
numbered items (1, 2, 3 and 4) must be checked, and if makeup water in the tankmix and applied at appropriate
one or more of the statements checked requires the rates), and other specific materials. Persons are legally
transferor to provide additional information, that informa- required to be aware of hazardous waste laws.
tion is to be provided in Part I. Relate the additional
information to the specific category of facility (well, etc.) 4. Underground Storage Tanks - "Underground storage
by numbering it with the corresponding number (1, 2, 3, tank" means one or a combination of tanks, including
4). If additional space is needed, type or print it legibly underground piping connected to the tanks, used to
on a separate sheet or sheets, complete the statements contain an accumulation of regulated substances,and the
at the end of Part I and attach the additional information volume of which is 10 percent or more beneath the surface
to all copies of the form. When describing the location of the ground. "Regulated substances" include petroleum
of a facility on the property, be reasonably precise, such products and hazardous or toxic materials identified in
as a specific distance and general direction from a 567-135.2(455B), I.A.C. Underground storage tank does
landmark or corner of the property. A professional survey not include:
is not necessary. The following definitions are for use in a. Farm or residential tanks of 1,100 gallons or less
completing the form. capacity used for storing motor fuel for noncom-
mercial purposes. (But See 455B.473(4))
1.Wells - A"well" is any excavation that is drilled,cored, b. Tanks used for storing heating oil for consumptive
bored, augered, washed, driven, dug, jetted or otherwise use on the premises where stored.
constructed for accessing groundwater or for diverting c. Residential septic tanks.
surface water into the ground, including abandoned wells. d. Pipeline facilities regulated by state or federal law.
"Well" does not include an open ditch or drainage tiles e. A surface impoundment, pit pond, or lagoon.
which discharge to the surface. f. A storm water or wastewater collection system.
If a well is an"abandoned well"or an"agricultural drainage g• A flow-through process tank.
well," this must be identified and the status of the well h. A liquid trap or associated gathering lines directly
with respect to Iowa Code sections 455B.190 and 159.29, related to oil or gas production and gathering
respectively, must be stated. An "abandoned well" is a operations.
well no longer in use or in such state of disrepair that i. A tank in an underground area such as a basement
continued use is unsafe or impracticable.Abandoned wells or mine, if the tank is on or above the surface of
are to be properly plugged in accordance with chapter the floor.
39 of the rules of the Department of Natural Resources. j. Pipes connected to the above exclusions.
(567 Iowa Administrative Code, Chapter 39) "Tank type" means the material of construction (steel,
An "agricultural drainage well" is a well constructed for fiberglass reinforced{Mastic[FRP],or other[specify]),and
the purpose of draining, or which drains, water from any internal or external protection such as a protective
agricultural land to an aquifer (underground), excluding coating or wrapping,or cathodic protection.
drainage tile intakes which outlet to the surface. Identify the capacity in gallons and the substance stored
Agricultural drainage wells are required to be registered in each tank.
with the department by September 30,1988,and the owner
of the well and of the land drained by the well are to develop 5. Filing - The original of this form must be presented
a plan proposing alternatives to the use of the well by to the county recorder when the document to be recorded
July 1, 1994. (See 1991 Iowa Code Section 159.29.) is filed. If any of the four questions are answered in the
affirmative so that explanations are required, a duplicate
2. Solid Waste - "Solid waste" means garbage, refuse, copy (or photocopy) of this form must be filed with tha
rubbish and other similar discarded solid or semisolid recorder. In cases where all four questions are answered
material. It does not include dirt, stone, brick, or similar in the negative,this form will be forwarded by the recorder
inorganic material used for fill, as long as no other solid to the transferee when the recorded instrument is returned.
waste is included. See 567-100.2(4556), Iowa Adminis- If any of the questions are answered in the affirmative
trative Code (I.A.C.) for further definitions. A "disposal so as to require an explanation, the recorder shall furnish
site" is any area on the property on, in, or under which the original of this form to the transferee and forward the
solid waste has been disposed,whether or not the disposal photocopy or other duplicate ropy suitable for microfilm-
is or was regulated by the department,
II'I(�. tU ll IC UbNarll('lent.TIIG IClaJl l�Cl�IS IIOI fell.i li 118tj SG keep
If the transferor or agent has not received notice from any copies.
the Department of Natural Resources that the disposal site
has been deemed to be potentially hazardous, there is no
duty to inquire to the department.
`Note The land application of sludges or soils resulting Y110+
from the remediation of underground storage tank releases
accomplished in compliance with Department of Natural
Resources rules without a permit is not required to be
reported as the disposal of solid waste or hazardous waste.
(See 1991 Iowa Code Section 558.69) M4,
10703
nPrimed an
Reeveled Paper
CPF-86861 542-0960