HomeMy WebLinkAboutA001 - Easement with Consent to Easement and Release of Tenant Interests and Claims Instrument:2013- 130002704
r M Date:Mar 11►2013 11:30:43A
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Filed for record in Story County► Iowa
Susan L. Vande Kamp: 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)
RETURN TO: AMES CITY CLERK — BOX 811 — AMES IOWA 50010
PERMANENT EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That Manatt's Inc. and Linda A. Manatt as Trustee of the Revocable Trust Inc, and Linda A. Manatt as Trustee of the Revocable Trust A , eement of Linda A.
Linda A.
Manatt dated September 7, 2007 their successors and assigns, (hereinafter GRANTORS), for good and
valuable consideration,receipt of which is hereby acknowledged,upon final approval and acceptance of this
easement, do hereby grant unto the CITY OF AMES, IOWA, a municipal corporation, its successors and
assigns(hereinafter CITY),a permanent easement for the purpose of installing and maintaining the Southeast
Entryway Enhancements Project,with the perpetual right to enter upon the land hereinafter described and to
grade and prepare the site,and to construct,repair and use such electrical service lines,stone blocks,plantings,
structural footings, and lighted sculptural columns in, on, over, or across the land described as:
A PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 83
NORTH, RANGE 23 WEST OF THE 5TH P.M.IN THE CITY OF AMES, STORY COUNTY,IOWA
AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE SOUTH
0028'49"EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4,A
DISTANCE OF 588.05 FEET;THENCE NORTH 85012'28" EAST,399.45 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF HIGHWAY 30 AS PRESENTLY ESTABLISHED AND TO THE POINT
OF BEGINNING;THENCE CONTINUING NORTH 85°12'28"EAST ALONG SAID SOUTH RIGHT-
OF-WAY LINE, 420.00 FEET; THENCE SOUTH 4°27'56"EAST, 30.00 FEET; THENCE SOUTH
85012'28" WEST,422.08 FEET;THENCE NORTH 0029'11" WEST, 30.08 FEET TO THE POINT OF
BEGINNING AND CONTAINING 0.29 ACRES (12,631 S.F.). PROPERTY SUBJECT TO ANY AND
ALL EASEMENTS OF RECORD.
all as shown on the plat attached and made a part hereof.
This easement shall be subject to the following terms and conditions:
1. Erection of Structures Prohibited. Grantor shall not erect any structure over or within the
Easement Area without obtaining the prior written approval of the Municipal Engineer.
2. Change of Grade Prohibited. Grantor shall not change the grade, elevation or contour of any part
of the Easement Area without obtaining the prior written consent of the Municipal Engineer.
3. Right of Access. 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 any unauthorized obstructions or
structures placed or erected on the Easement Area.
4. Easement Runs With Land. This easement shall be deemed to run with the land and shall be
binding on Grantors and on Grantors' successors and assigns.
5. Approval By the City. This easement shall not be binding until it has received the final approval
and acceptance by the City.
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 and lawful authority to convey the same; and said
Grantor covenant to WARRANT AND DEFEND the said premises against the lawful claims of all persons
whomsoever.
City 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.
Each undersigned Grantor does hereby relinquish all rights of dower,homestead and distributive share, if
any, in and to the interests conveyed by this easement.
IN WITNESS WHEREOF WE have hereunto affixed our hands this 16 day of
b-0-r' ,20_LL.
GRANTOR(S)
MANATTS, IN
//
By: '` ° f`
4k
Print Name: fo
STATE OF—u�/a , COUNTY OF ss
On this %O 'µday of 20%/, before
me the undersigned, a Notary Public in and for said
State, personally appeared A6z92,,x,,, b/Qy*,Tto me
known to be the identical person(s)named in and who
executed the foregoing instrument,and acknowledged
that he/she/they executed the same as his/her/their
voluntary act and deed.
Notary Public in and for said State of Soc�A
UZERA L. T is
1 a ' Commission Number 146941
My Commission Expires
GRANTOR(S)
LINDA A. MANATT, as Trustee of the
Revocable Trust Agreement of Linda A.Manatt
dated September 7, 200J ALI
STATE OF da'� , COUNTY OF 3bK4 ,ss
On this _day of /l J( 204, before
me the undersigned, a Notary Pu� and for said
State,personally appeared
r-+n l to me known to be
the identical person(s)named in and who executed the
foregoing instrument, and acknowledged that E*ejk�,�.PAT CIA NMW D•REW�he/they executed the same as his/her/their voluntary on EVMWctan ed. August 3, 2014
Notary Public in and for said State f
This Easement is accepted and approved by the City of Ames,Iowa,on this Zed day of FW ,
20 R
CITY OF AMES, IOWA:
By: C �_-----
Print Name Joy --jo/"'Verzie
pSe-5
r
,y
Project: CITY OF AMES—SE ENTRYWAY
Parcel#/Name: 21 —MANATTS,INC.
Tenant: HALLETT MATERIALS
CONSENT TO EASEMENT AND RELEASE OF TENANT INTERESTS AND CLAIMS
1. Hallett Materials, Tenant on property located at (See attached Easement Documents) in Story County,
Iowa,hereby releases its leasehold interest, if any, in this property as of the date that the City of Ames, Iowa,
acquires a permanent easement for installation and maintenance of the Southeast Entryway Enhancements
Project on this Property.
2. The Tenant further hereby releases and relinquishes all claims which it may be entitled to assert against
the City of Ames,Iowa, on account of a lease or rental agreement, or on account of its tenancy in the Property.
The Tenant further hereby releases and relinquishes any claim which it may now or in the future be entitled to
assert against Manatt's, Inc., and Linda A. Manatt as Trustee of the Revocable Trust Agreement of Linda A
Manatt dated September 7, 2007, for any compensation because of the Permanent Easement-acquisition by the
City of Ames,Iowa, of a portion of the property and the Tenant's leasehold interest, if any, in the Property.
3. The Tenant discharges the City of Ames, Iowa, from any and all liability because of this Consent to
Easement and Release and the construction of this public improvement project.
TENANT: Hallett Materials
Name Date
Name
State of�wo) )
County of ss.
On this oZl� day of QV ,20 efore me,the undersigned, a Notary Public in and
for the State of Iowa,personally appeared `�c i rn and
to me personally known, who, being by me duly sworn, did say that they are
the and ,respectively, of the
corporation executing the foregoing instrument;that the instrument was signed on behalf of the corporation by
authority of its Board of Directors;that they acknowledged the execution of the instrument to be the voluntary
act a d deed of the co oration and of the fiduciary,by it, by them and as the fiduciary voluntarily executed.
tary Public in the state of
HEIDI IL VEACH
o Commission Number 7011" n
My Commission Expires
�GW p` January 14, 2012 '"
PREPARED BY: ERIN GRIFFIN,SNYDER&ASSOCIATES,INC.,2727 SW SNYDER BLVD,ANKENY,IA 50023 (515)964-2020
RETURN TO: ERIN GRIFFIN,SNYDER&ASSOCIATES,INC.,2727 SW SNYDER BLVD,ANKENY,IA 50023 (515)964-2020
EASEMENT EXHIBIT
LANDSCAPE EASEMENT DESCRIPTION:
A PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP
83 NORTH, RANGE 23 WEST OF THE 5TH P.M. IN THE CITY OF AMES, STORY COUNTY,
IOWA AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE SOUTH
0028'49" EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST
1/4, A DISTANCE OF 588.05 FEET; THENCE NORTH 85012'28" EAST, 399.45 FEET TO
THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY 30 AS PRESENTLY ESTABLISHED AND TO
THE POINT OF BEGINNING; THENCE CONTINUING NORTH 85°12'28" EAST ALONG SAID
SOUTH RIGHT-OF-WAY LINE, 420.00 FEET; THENCE SOUTH 4027'56" EAST, 30.00 FEET;
THENCE SOUTH 85012'28" WEST, 422.08 FEET; THENCE NORTH 0029111" WEST, 30.08
FEET TO THE POINT OF BEGINNING AND CONTAINING 0.29 ACRES (12,631 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
DATE OF SURVEY
8-16-11
OWNER MAILING ADDRESS
Manatts Inc 1/2 & Manatts Inc
Manatt, Linda A. PO Box 535
Rev Trust 1/2 Brooklyn IA 52211
LEGEND
Survey Found Set
Section Corner A IL
1/2" Rebar, 19710 0 Q
(Unless Otherwise Noted) I hereby certify that this land surveying
document was prepared and the related survey
ROW Marker El work was performed by me or under my direct
ROW Rail = personal supervision and that I am a duly
Control Point OCP licensed Land Surveyor under the laws of the
�p LAND S& Sof wa.
Bench Mark D �*S HpF
Plotted Distance P
Measured Bearing & Distance M ERIN D. Erin D. G . PLS f Date
Recorded As R GRIFFIN
Deed Distance D License Number 19710
Calculated Distance C t9710 My License Renewal Date is December 31, 2011
Minimum Protection Elevation MPE
Centerline —-—-—-—-—-—-- IT
Pages or sheets covered by this seal:
Section Line — Sheets 1 and 2
1/4 Section Line — —
1/4 1/4 Section Line — — — —
Easement Line ---------
CITY OF AMES - SE ENTRYWAY SHEET 1 OF 2
PN: 1100783A
PARCEL NO. 21 - MANATTS INC. & MANATT, LINDA A. REV. TRUS PM: EDG
SNYDER & ASSOCIATES 2727 S.W.SNYDER BLVD. DATE: 09/19/11
Engineers and Planners ANKENY,IA 50023(515)964-2020 TECH: JCC
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EASEMENT EXHIBIT
NW Corner
Sec. 18-83-23
Fnd IDOT Morker
00
Highway 30
Fnd IDOT ROW Rail
Point of Beginning
C° N85°19'53' E 420.00'
399.45'R„ N85°12'28"E
N85012'28 E S4°27'56"E 30.00
399.45 M 231.82'
S85°12'28W 422.08'
N0029'11"W
,°v01 30.08'
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SW Corner
NW1/4 NW1/4
Sec. 18-83-23
Fnd Cut"X"
With )DOT Plug
In Concrete
N
0 100
SCALE (FEET)
CITY OF AMES - SE ENTRYWAY SHEET 2 OF 2
PN: 1100783A
PARCEL NO. 21 - MANATTS INC. & MANATT, LINDA A. REV: TRUS PM: EDG
99 SNYDER & ASSOCIATES 2727 S.W.SNYDER BLVD. DATE: 09/19/11
Engineers and Planners ANKENY,IA 50023(515)964-2020 TECH: JCC
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