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HomeMy WebLinkAbout~Master - Water Utility - Sam's Real Estate Business Trust, Inc. - 305 Airport Road ' 04 0 7 . 0 RETURN TO. INST.NO. (cow) STORYrAMORY,,40WA 0� FILED FOA AlICORD .!~' AMES CITY CLERK Y BOX 11 AMES8IOWA 50010 AM MAR ° 2004 - a SUI M L VM05 ItAMP,N@WW(-Sbv — �!h DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by., John R.Klaus City of Ames Legal Department 515 Clark Avenue Ames Iowa 50010(Phone 515 239 5146) Address Tax Statement To: City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010 WATER UTILITY EASEMENT BE IT KNOWN that SAM'S REAL ESTATE BUSINESS TRUST,INC.,and it's successors and assigns (hereinafter called Grantor) as the holder of unencumbered fee title to the following described land, does hereby grant and convey to the CITY OF AMES, IOWA, and its successors and assigns (hereinafter called Grantee), the right to construct, operate, repair and replace a water main for the Grantee=s municipal water utility on, under, over and across the real property described as: Commencing at a found nail set for the Southeast corner of the Northwest Quarter of said Section 14;Thence along the Southern line of the Northwest Quarter of said Section 14,N89°32'55"W for a distance of 1320.49 feet to the Southwest corner of the Southeast Quarter of the Northwest Quarter of said Section 14 T-83-N,R-24-W of the 5th Principal Meridian in the City of Ames,Story County,Iowa; Thence leaving said South line and along the West line of the Southeast Quarter of the Northwest Quarter of said Section 14,N00°00'45"W for a distance of 60.00 feet to the TRUE POINT OF BEGINNING of the hereinafter described easement;Thence N00°00'45"W of Story County Records for a distance of 646.26 feet to a point along the Western line of Parcel"Q" as appearing in instrument number 04-00465;Thence leaving said Western line S89°32'45"E for a distance of 652.01 feet to a point;Thence S00°27'15"W for a distance of 15.00 feet;Thence N89°32'45"W for a distance of 49.02 feet;Thence S00°27'15"W for a distance of 60.00 feet;Thence N89°32'45"W for a distance of 10.00 feet;Thence N00°27'15"E for a distance of 60.00 feet;Thence N89°32'45"W for a distance of 577.87 feet;Thence S00°00'45"E for a distance of 631.26 feet to a point on the Southern Property line of the aforementioned Parcel"Q";Thence along said Southern line, N89°33'29"W for a distance of 15.00 feet to the POINT OF BEGINNING and containing 19,848 square feet or 0.46 acres,more or less. as shown on the plat attached hereto and by this reference made a part hereof. Grantor,its successors and assigns, shall not construct or install any structures over or within the above described easement area; or, change the grade, elevation or contour of the easement area, without first 01--ta•nIffig the wr.Uen approval of the Grantee. Grantee shall have the right of access,ingress and egress over the Grantor's adjacent property to the extent reasonably necessary to the use and enjoyment of the easement area including the right to remove any unauthorized obstructions or structures placed or erected on the easement area. The foregoing grant of rights is made upon the express condition that Grantee shall be liable to Grantor for damage to the described real estate and adjoining real estate caused by the failure of Grantee to use due care in the exercise of the granted rights. DONE this of da �-" / y �ee L , 2004. GRANTOR SAM'S REAL ESQ' TE SINESS TRUST,INC. By: Signature Darlene A. Ellis, Notary Public Benton County,Arkansas D EGTv My Commission Expires 4/1/2013 lk 1Z of ✓E� ,.) 4Ti 1 ✓. Title Li 110 STATE OF COUNTY ss: 1 On this_L_day of ,2004,before me, a Notary Public in and for the State of (personally appeare 1p?i,�) (,'�B rRT, IR. ,to me personally known,who being by me duly sworn,did say that that person is &R.Ce-7',7&_F&, of said corporation,that the seal affixed to said instrument is the seal of said corporation,or no seal has been procured by the said corporation,and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and the said ,e,/A) �' IC/L ,ac owledged the execution of said instrument to be the voluntary act and deed of said corporation by It voluntarily executed. Notary Public in and for the State of I I R=1567.04' L=524.64' Delta=1970'56" t ;n r° X=S7147'30"E /t ir 't j2"on reb° CB=522.19' % Fence on North Side of Property Line. Does Not Encroach G Al Corrective t '9y 'N% Wcrronty Deed s6► �� Inst. No. 03-06706 ?�?+ Owner- Wal-Mart AJ Wal-Mort 1 1� Q OStores, Inc. 15 Utility Easement Jr+ t 5g6 Dedicoted by this Plot eno /caP/16 ' P�Qe 652.01' N8932 45"!N 791.27' W 1b y�8 rebar 577.87' I '-1 TR2V` 'f \ 1 1 60 00• 1 0 S0150' w 1 fed \ 1 1 10.00'I M N89'U24"W I 0I 49.02 N89 3214611 >� i, �� " 25 002715~w 129.41' j r"' 4-175-or 60.00 I C°pY6 JJ r 9,1 of It�l Ft- A 15,utility Parcel 90 SQ i i O 2 re'0 O Easement 714,5 Acres' 1 I Dedicated i 16 40 I 1 P;.. �. by this Plot Sam's , I I I 1 (0 b C/urb I I I '. . I II I I Storm Sewer I 0 Easement so I I I I Inst. No. Ir--------- j h I I Owner: 1 94-08331 �---- Wal-Mart I I b I I Stores Inc. I I II I I I i Ingress/Egress/ 1 11 I I I w Owner. 1 Pedestrian Easement I I I I 10' A . :.a.:. •'.' Utilit � � W/ey, n . Book 3 Page 47 I I Easement Q ! Z I I I I I Per Site Plan I A Owner Right. of Way Permit— by Buescher Q Whey, Inc. and Easement I Frankenberg Inst. No. I I 1 1 Associates 96-13649 II I I t POB N8973297W 791.13' _ _ _ _ _ 09 - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — N89 32 55"W 1320.49' SW Corner N00 00 45"WW SE1/4, NW114 AIRPORT ROAD P•O.C. 60.00' Section 14 SE Corner, NW1/4 T-83-N, R-24-W Section 14 Monument NOT Found T-83-N, R-24-W GRAPHIC SCALE LEGEND 200 0 100 200 EXISTING -- BOUNDARY LINE ( IN FEET ) ---------- EASEMENT LINE — — — — — SECT/ON LINE 1 inch = 200 ft. WOOD FENCE 0 MONUMENT FOUND AS NOTED ``���` '• G�.,� TELEPHONE MANHOLE JAM . ••'•• rTf 10' & 15' UTILITY EASEMENT DED/CA TED BY THIS PLA T I hereby declare that this land surveying document was • �•` prepared and the related survey work was performed by ,'1�� /OWA �`,`, om ordu/dlicensed/Lctd Su e Dera/r sup undere'vilthe lawands that the unnmu��� Stot of Iowa. � 4 02/20/04 Extended 15' Easement to include Electric 02/13/04 Changed 10' Easement to 15' Easement per City Jom G. e / ---/I/ ----WDoe_!:�g--- 02/09/04 Corrected 10' Utility Easement Lice se number 13645 01/04/04 1 Added 10' & 15' Utility Easement My license renewel date is December 31, 2003. N0. DATE DESCRIPTION Pages or sheets covered by this seal.- Two Sheets Only. REVISIONS Scale: 1" = 200' ��-��-03 HMc TLP tSheet No. DATE PLS DRW of 2 ENGINEERING P/at of Surve ATE �� ASSOCIATES, lNC Y 4- 44 ENGINEERS PLANNERS SURVEYORS 301 Ai�ad'1:flalsd Ames, P@Y 3 3317 SW "I" STREET (479) 273-9472 JOB NO.: 1864ao BENTO1VWLLE, AR 727t2 479 254-8324 DWG NAME: 18640_Pic op5e. Z". a Notes: .. 1. This plat represents a boundary survey of the parcel recorded f � in Instrument No. 03-06706 of the courthouse in Story County, Iowa. so' 2. Basis of Bearings: West Property Line taken to be N000045"W per Corrective Warranty Deed, recorded in Instrument No. 03-06706 at Story County, Iowa. r J. This survey is valid only if the drawing includes the Sea/ and signature of the surveyor . •.• ?n „w ' 4. Subsurface and environmental conditions were not examined k nor considered a part of this survey. Vicinity Map Survey Description Not to Scale A tract of land being part of the Southeast Ouorter of the Northwest Ouarter of Section 14, Township 83 North, Range 24 West of the 5th P.M., in the City of Ames, Story County, Iowa. Also known as Parcel 0"(01 09-14-175-025) as recorded in instrument number 04-00465, doted 1112104, of Story County Records and being more particularly described as follows.- Commencing at a found nail set for the Southeast corner of the Northwest Ouarter of said Section 14; Thence along the Southern line of the Northwest Ouorter of said Section 14, North 893255" West for a distance of 1320.49 feet to the Southwest corner of the Southeast Ouorter of the Northwest Ouarter of said Section 14; Thence leaving said South line and along the West line of the Southeast Ouarter of the Northwest Ouarter of said Section 14, North 0000 45" West for a distance of 60.00 feet to the TRUE POINT OF BEGINNING of the hereinafter described tract; Thence continuing along said West line, North 0000'45" West for a distance of 1026.05 feet to a point on the Southern Right-of-Way line of U.S. Highway 30,• Thence coincident with said South Ri ht-of-Wo line aloe a curve to the right h vin radius 9 Y 9 t o 0 0 9 9 of 1567.04 feet and arc length of 524.64 feet with a chord bearing of South 714730"East for a chord distance of 522.19 feet to 0 point; Thence continuing along said South Right-of-Way line, South 62'1200"East for a distance of 480.11 feet to a point; Thence leaving said South Right-of-Way line, North 893246" West for a distance of 129.41 feet to a point, Thence South 000001"East for a distance of 646.09 feet to a point- Thence North 89:3329" West for a distance of 791.13 feet to the POINT OF BEGINNING, containing 714,590 square feet or 16.40 acres, more or less. Subject to all existing easements, covenants, restrictions or rights-of-Way, whether of record or prescrip tion, Utility Easement Description A 10 Foot wide strip of land across Parcel 0" (01 09-14-175-025) in the City of Ames, Iowa, as appearing in instrument number 04-00465 of Story County Records and being more particularly described as follows- Commencing at a found nail set for the Southeast corner of the Northwest Ouarter of said Section '74; Thence along the Southern line of the Northwest Ouarter of said Section 14, N893255"W for a distance of 1320.49 feet to the Southwest corner of the Southeast Ouarter of the Northwest Ouarter of said Section 14 T-83-N, R-24-W of the 5th Principal Meridian in the City of Ames, Story County, Iowa; Thence leaving said South line and along the West line of the Southeast Ouarter of the Northwest Ouarter of said Section 14, N000045"W for a distance of 60.00 feet to the TRUE POINT OF BEGINNING of the hereinafter described easement; Thence N0000'45"W of Story County Records for a distance of 646.26 feet to a point along the Western line of Parcel '0" as appearing in instrument number 04-00465,• Thence leaving said Western line S893245 E for a distance of 652.01 feet to a point; •• Thence S 0027'15"W for a distance of 15.00 feet, Thence N 89:32 45 W for a distance of 49.02 •••JAM feet;Thence S0027'15"W for a distance of 60.00 feet, Thence N893245"W for a distance of 10.00 feet; _J - Thence N0027'15 E for a distance of 60.00 feet; Thence N8932 45"W for a distance of 577.87 feet; Thence S0000 45 E for a distance of 631.26 feet 10 a point on the Southern Property line of the aforementioned Parcel 0;• Thence along said Southern line, N8933297W for a distance of 15.00 feet to the POINT OF BEGINNING and containing 19,848 square feet or 0.46 acres, more or less hereby declare that this land surveying document was prepared and the related survey work was performed by me or under my direct perso ksupervision and that / am o dul ensed Land veyo under the laws of the State o /ow . a 02/20/04 Extended 15' Easement to include Electric XL/ 02/13/04 Changed 10' Easement to 15' Easement per City domes G. ' e p/ 02/09/04 Corrected 10' Utility Easement License tuber 1 45 /7 01/04/04 Added 10' & 15' Utility Easement My license renewel date is December 31, 2003. NO.1 DATE I DESCRIPTION REVISIONS Pages or sheets covered by this seal- Two Sheets Only. Scale: 1" = 200' 71DATE 3 PLS DRW S12 f 2 ENGINEERING Plat of SurveyDATE ASSOCIATES, INC Ai,�arP l9alad 01-04-04 ENGINEERS PLANNERS SURVEYORS 30f Ames, /OJW Rev 3 3317 SW %"STREET (479) 273-94721 JOB NO.: 18640.0 BENTONVILLE, AR 72712 479 254-8324 DWG NAME. 18640-P10 P"e--3