HomeMy WebLinkAboutA001 - Temporary Construction Easement for Water Main Instrurent:2014- 00010403
M Date:Nov 20Y2014 11:45:40A
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Filed for record in Story Countyr Iowa
Susan L. Vande Karp► County Recorder
PREPARED BY: Ryan K. Gurwell,A&R Land Services, Inc., 1601 Golden Aspen Dr.,Suite 105,Ames, IA 50010 (515)337-1197
TAXPAYER: Liberty Court,L.L.C.,506 E.Gold Coast Road,Suite 400,Papillion,NE 68046
FOR: City of Ames,Iowa,City Hall,515 Clark Ave.,Ames, IA 50010 (515)239-5101
RETURN TO: ^ I A&R Land Services, Inc.,1601 Golden Aspen Dr.,Suite 105,Ames,IA 50010 (515)337-1197
Exempt from Real Estate Transfer Tax under Iowa Code 428A.2(17).
Exempt from requiring a Declaration of Value under Iowa Code 428A.1.
TEMPORARY CONSTRUCTION EASEMENT FOR WATER MAIN
KNOW ALL BY THESE PRESENT:
That we, the undersigned, Liberty Court, L.L.C., hereinafter referred to as "Grantor," for
Fourteen Thousand Five Hundred Forty-one and 00/100 --- ($14,541.00) --- Dollars, grant and
convey unto the CITY OF AMES, IOWA, hereinafter referred to as "City," a municipal
corporation, in the County of Story, State of Iowa, a temporary construction easement for a
water main, under, over, on, through, across, and within the following described real estate,
which includes the right to enter, reenter, and construct a water main, together with necessary
appurtenances:
Temporary construction easement
A temporary construction easement described as follows, and illustrated on the Easement
Exhibit B attached as Page 4.
Temporary Construction Easement Description:
A strip of land generally 50 feet wide adjacent and parallel to the permanent
water main easement legally described in the Water Main Easement and
illustrated on the attached Exhibit B; containing 7.86 Acres.
WATER MAIN
That said temporary construction easement is granted unto the City, for the purpose of the
construction of a water main. In connection herewith it is specifically agreed that by this
temporary construction easement, the City shall have the right to enter upon said premises as
shall be necessary to construct any and all of said improvements and all appurtenances
thereto, together with the right to use and operate said improvements as it deems necessary.
1 �
The City shall exercise due care in entering or reentering said real estate and shall
compensate the Grantor for actual damages caused to said real estate or to Grantor's
remaining property. The City shall restore said described land to a satisfactory condition after
construction and any other entry on said land in substantially the same condition as prior to
entry within three (3) years of construction completion.
This temporary construction easement shall terminate upon completion of the construction of
this water main and acceptance of the project by the City Council. It is further agreed that,
upon termination of this temporary construction easement, the Grantor may assume full use
and enjoyment of the temporary construction easement area.
That the Grantor does hereby covenant with said City, and successors in interest, that said
Grantor holds said real estate by fee simple title, that they have good and lawful authority to
sell and convey the same, that said Grantor covenants to warrant and defend the said
premises against the lawful claims of all persons whomsoever.
The City shall hold Grantor harmless and indemnify Grantor from any liability incurred by
Grantor as a result of the City's exercise of the granted rights.
(REMAINDER OF PAGE INTENTIONALLY BLANK)
2 ;
IN WITNESS WHEREOF I have hereunto affixed my hands this
day of 120
LIBERTY COURT, L.L.C.
Steven O. Petersen, Member
STATE OF c�Ljj
COUNTY OF : SS
On this day of 20 _, before me the
undersigned, a Notary Public in and for said State, personally appeared Steven O. Petersen to
me known to be the identical person(s) named in and who executed the within and foregoing
record, and acknowledged that they executed the same as their voluntary act and deed.
Signature of Notary Public
of a RYAN K GURWELL
: '�Commission Number 703655
My�/Tm l!on Expires
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