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Home My WebLink AboutA006 - Permanent Drainage, Access, and Public Utility Easement r � /��Instrument:2007- 00010834 M aate:SeP 11r2007 02:38:50P Rec Fee: 15.00 E-Com Fee: 1.00 Aud Fee: .00 Trans Tax: ,41 Rec Management Fee: 1.00 Non-Standard Page Fee: ,10 Filed for record in Story Counts► Iowa Susan L. Vande Kaman 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,Ames,Iowa 50010(Phone: 515-239-5146) SRN Tom' PERMANENT DRAINAGE, ACCESS, AND PUBLIC UTILITY EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That Bradshaw Farms,L.P. (hereinafter called"Grantor"),its successors and assigns,for good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant unto the CITY OF AMES,IOWA,a municipal corporation(hereinafter called"City"),its successors and assigns,the perpetual right to enter upon the land hereinafter described for the purpose of the City constructing,reconstructing, repairing,replacing,enlarging,inspecting,and maintaining a surface water drainage area and the perpetual right of access upon,underground,over,or across the land and the perpetual right to construct,reconstruct, maintain,repair,and use, such electrical lines and other equipment for the purpose of conveying electrical current for power and lighting purposes,and for communication transmissions,upon,underground,over,or across the land described as: A part of the Southwest Quarter of the Southwest Quarter of Section 12, Township 83 North Rang e g West of the Sth P.M., City of Ames, Story County, Iowa being more particularly described as follows: Commencing at the Southeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 12;thence N00°24'54"W,50.01 feet along the east line of the Southwest Quarter of the Southwest Quarter of said Section 12 to a point on the North right of way line of S. E. 16th Street and the point of beginning; thence continuing N00°24'54"W, 220.02 feet; thence N89'39'15"W, 132.00 feet; thence S00°24'54"E,107.00 feet;thence S54°56'38"W,151.92 feet;thence S00°24'54"E,25.00 feet to a point on the North right of way line of S.E. 16th Street;thence S89'39'15"E,257.00 feet along said line to the point of beginning,containing 0.86 acres. all as shown on the plat attached and made a part hereof. 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. Grantors shall not cause or permit any above ground structures to be located within the above described land. 3. Grantee shall assume liability for all damage to the real estate described herein to the extent that such damage is caused by failure of the Grantee to use due care in the exercise of the rights granted by this easement. - a 4. 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. 5. 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. 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 may be 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. Grantors shall not cause or permit any trees,shrubs,or above ground structures to be located within the south fifteen feet(15') of the above described land. 9. This Easement shall be for the benefit of the City. 10. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's heirs, successors and assigns. Grantor does hereby covenant with the City that(i)Grantor holds said real estate described in this Easement by title in fee simple; (ii)Grantor has good and lawful authority to convey the premises against the claims of all persons whosoever. 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 the context. DATED this day of j ,2007. BRADSHAW FARMS,L.P. STATE OF IOWA,STORY COUNTY ss: On this f T day of T l /L 2007,before me,a Notary Public in and for the State of Iowa, ersonally appeared FRANCIS W.BRADSHAW,to me personally known,who being by me duly sworn,did say that the person is one of the partners of ' /� _ Bradshaw Farms,L.P.,a partnership,and that said instrument was Byrrc � �� signed on behalf of the partnership by authority of the partners and Francis W. Bradshaw,partner the partner acknowledged the execution of said instrument to be the voluntary act and Ated of the partnership by it and by the partner voluntarily exec c Notary Public in and for the State of Iowa �PSIAC s =D � !! + '4r �1OWA LAW1Bradshaw-Permanent Drainage Access&Utility Easement-011207 P �-z- F R. BRADLEY STUMBO P. O. BOX 1664 AMES, IOWA 50010 515-233-3689 PLAT OF EASEMENT DRAINAGE. ACCESS & PUBLIC UTILITY EASEMENT NE CORNER SWi/4, SW1/4 SEC. 12-83-24 a NO MONUMENT 1 d !rn FOUND OR SET WW1 4 � 632A N"; SAC , 00 0 z N8929' 15"W w 132.00' PARCEL ID: 09-12-300-400 Q . in o O N (U r� O O p p F+ N O N N pJ�i 3 EASEMENT AREA N .g6 37665.04 SO FT O �gA 0.86 ACRES z S00'24'54"E _25_.00' 50' ROW LINE S89'39'15"E 257.00' N00'24'54`W S.E. 16TH STREET (ROW VARIES) 50.01 S89'39. 15•'E 1307.96' LP �SW CORNER SE CORNER SEC. 12-83-24 SW1/4, Sw1/4 FOUND 1/2'• REBAR SEC. 12-83-24 IN CONCRETE OF (TO BE SET MH STRUCTURE FOLLOWING CONSTRUCTION) Survey Description-Drainage, Access 6 Public Utility Easement: A part of the Southwest Quarter of the Southwest Quarter of Section 12, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa being more particularly described as follows: Commencing at the Southeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 12; thence N00 '24'54"W, 50.01 feet along the east line of the Southwest Quarter of the Southwest Quarter of said Section 12 to a point on the North rigght of way line of S. E. 16th Street and the point of beginning: thence continuing N00 '24'54"W, 220.02 feet: thence N89'39' 15"W, 132.00 feet; thence S00'24'54"E, 107.00 feet; thence S54 '56'38"W, 151.92 feet: thence S00 '24'54"E, 25.00 feet to a point on the North right of way line of S.E. 16th Street: thence SB9'39. 15•'E. 257.00 feet along said line to the point of beginning, containing 0.86 acres. PROPRIETOR: BRADSHAW FARMS, L.P. REQUESTED BY: DOUG ERNST, ENGINEERING ALLIANCE. INC. GRAPHIC SCALE 1 "=100 ' 0 100 200 300 Certification: I hereby certify that this land surveying document was prepared and the related survey work was performed PppLEY SrG by me or under my direct personal supervision and that I am a 0 �iCENSFO �cA duly licensed Land Surveyor under the laws of the State of Iowa. Q o 17161 Date: /O • l�-4 R. Bradley Stu m o License #17161 My license ren al date is December 31, 2007 (q IOWA �Q ti0 SURD Job #15634BEAS2 Date: 10/09/06 Page 1 of 1 P,:5e 3