The URL can be used to link to this page

Home My WebLink AboutA001 - Permanent Drainage Easement t /58/ 'r�\Instrunent:2007- 00010824 M Date:Sea IIY2007 02:28:32P D Rec Fee: 15.00 E-Con Fee: 1.00 G Aud Fee: .Oil Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story Countgr Iowa Susan L. Vande Kampt County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Douglas R.Marek,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146) Return to Ames City Clerk,Box 811,Ames,IA 50010 PERMANENT DRAINAGE EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That Pyle Land, LLC (hereinafter called "Grantor"), their successors and assigns, for good and valuable consideration,receipt of which is hereby acknowledged,do hereby grant unto the CITY OF AMES,IOWA,a municipal corporation(hereinafter called"City"),its successors and assigns,a perpetual easement and right-of-way under,over, on , through, across, and within the real estate hereinafter called `Basement Area", for the purpose of the City constructing,reconstructing,repairing,replacing,enlarging,inspecting,and maintaining a surface water drainage area together with all necessary structures and appurtenances thereto, under, over, on , through, across, and within the Easement area described as: A part of Parcel H in the Northeast Quarter of the Northwest Quarter of Section 13, Township 83 North,Range 24 West of the 5th P.M.,City of Ames,Story County,Iowa as filed in the office of the Story County Recorder at Instrument No. 01-01457, said part being more particularly described as follows:Commencing at the Northwest Corner of the Northeast Quarter of the Northwest Quarter of said Section 13; thence S89039'15"E, 80.44 feet along the North line of said Section 13; thence S13°59'09"W,51.45 feet to a point on the South right of way line of S.E. 16th Street and the point of beginning;thence S89°39'15"E,195.77 feet along said right of way line;thence S23°35'22"W,351.28 feet;thence N89°39'15"W,85.00 feet to a point on the West line of said Parcel H;thence following said West line N06°43'15"W, 138.70 feet; thence N13°59'09"E, 190.49 feet to the point of beginning, containing 1.15 acres. This Easement shall be subject to the following terms and conditions: 1. Grantor grants to the City permission to develop and use the said land as a surface water drainage area. All development and construction shall be done by employees of the City or City's contractors in accordance with a schedule set by the City. 2. The City will pay for all costs of filing this document. 3. Grantor shall not erect any fence or other structure (except a paved roadway, parking and/or other utilities) under, over, on, through, across, or within the Easement Area without obtaining the prior written consent of the City,nor shall Grantor cause or permit any obstruction or material to be placed under,over,on,through,across,or within the Easement Area without obtaining the prior written consent of the City. The Grantor shall have the duty to mow the grass and perform routine maintenance. The City shall have the right to excavate the waterways as needed to restore or enhance the functional capacity or structural integrity of those waterways. 4. Grantor shall not change the grade,elevation,or contour of any part of the Easement Area without obtaining the prior written consent of the City. Page 1 of 2 6. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including but not limited to, the right to remove, without liability to the City, any unauthorized fences, structures, obstruction, or material placed or erected under, over, on, through, across, or within the Easement Area. 7. Except as maybe caused by the negligent acts or omissions of the City,its employees or agents, the City shall not be liable for injury or property damage occurring in or to the Easement Area, the property abutting said Easement Area, nor for property damage to any improvements or obstructions thereon resulting from the City's exercise of its rights herein granted or arising in any manner from the existence of this Easement, or from the flowage or drainage of water into, over, through, across, within, or out of said Easement Area. Grantor agrees to indemnify and hold the City, its employees, agents and representatives harmless against any loss, damage or injury arising out of or resulting from the negligent or intentional acts or omissions of Grantor or its employees, agents,-or representatives. 8. This Easement shall be for the benefit of the City. 9. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's heirs, successors and assigns. DATED this �? day of ,J G�wv , 2007. PYLE LAND,LLC STATE OF IOWA,!w`�COUNTY ss: On this 12 day of 2007,before me,a notary in and for said county, personall appeared DENNIS D. PYLE,to me personally known, who being by me duly sworn or affirmed did say that person is a member of said limited liability company and that said instrument was signed on behalf of the said By. limited liability company by authority of its managers and the said DENNIS D.PYLE acknowledged the execution of said instrument Dennis D.Pyle,Xlidmber to be the voluntary act and deed of said limited liability company by it voluntarik executed. Notary Public in and for County,Iowa �pptAL s DAVIO V4 MY C MMISS1OAv IOWA — zq-ZD g S:\LAW\Pyle-Permanent Drainage Easement 011207.wpd Page 2 of 2 f R. BRADLEY STUMBO P.O. BOX 1664 AMES, IOWA 50010 515-233-3689 PLAT OF EASEMENT NW CORNER PERMANENT DRAINAGE EASEMENT NE1/4, NW1/4 (TO BE SET NI/4 CORNER SEC. 13-83-24 SEC. 13-83-24 FOUND 1/2" FOLLOWING S89'39'15"E S-E. 16TH STREET (ROW VARIES) REBAR CONSTRUCTION) 80.44' S89'39' 15"E 1227.52' FS89S 13'59.0W- - - - - - 51.45' CD- - - - - ` - - '39' 15"E 195.77' _ _ C, 50' RIGHT OF WAY LINE o> Q 0 rnz LU J �L! CJ + CC � Q ' Z EASEMENT AREA J 49982.36 SO FT ^ram PARCEL ID: 09-13-100-215 2 3 1. 15 ACRES tiry CD 3 ACC 01 0 A53 Q INS NC 0 85.00' Z 89'39' 15"W Survey Description-Permanent Drainage Easement: A part of Parcel H in the Northeast Quarter of the Northwest Quarter of Section 13. Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa as filed in the office of the Story County Recorder at Instrument No. 01-01457, said part being more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter of the Northwest Quarter of said Section 13, thence S89'39' 15"E, 80.44 feet along the North line of said Section I thence S13'59'09"W, 51.45 feet to a point on the South right of way line of S.E. 16th Street and the point of beginning; thence S89'39' 15"E, 195.77 feet along said right of way line; thence S23'35'22"W, 351,28 feet: thence N89'39' 15"w, 85.00 feet to a point on the West line of said Parcel H. thence following said West line N06'43' 15"w, 138.70 feet: thence N13'59'09-E. 190.49 feet to the point of beginning, containing 1. 15 acres. GRAPHIC SCALE 1 "=100 ' PROPRIETOR: PYL'E LAND, L.L.C. REQUESTED BY: DRUG ERNST, ENGINEERING ALLIANCE, INC. 0 100 200 300 Certification: 'I hereby certify that this land surveying by cmeeor under rmyyadirrect and personal asupervisted survey ionwand that was pIramraed OPV,CE S Sr��i duly licensed Land Surveyor under the laws of the State of Iowa. Q �� mp 17161 Date: 9-aG R. Bradley Stumbo License #17161 My license renewal date is December 31, 2007 rows Q Job #15834PEAS1 Date: 10/02/06 Page 1 of 1 qMp SUR �O Pie 3