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Home My WebLink About~Master - Water Main Easement • r Instrurent:2014- 00010402 'M Date:Nov 20P2014 11:45:13A D Rec Fee: 30.00 E-Coa Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 Rec Manaserent Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story County► Iowa Susan L. Vande Kasp► 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: __-7 City of Ames,Iowa,City Hall,515 Clark Ave.,Ames, IA 50010 (515)239-5101 RETURN TO: 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. WATER MAIN EASEMENT KNOW ALL BY THESE PRESENT: That we, the undersigned, Liberty Court, L.L.C., hereinafter referred to as "Grantor," for Thirty-six Thousand Three Hundred Fifty-two and 00/100 --- ($36,352.00) --- 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 perpetual easement for water main right- of-way under, over, on, through, across, and within the following described real estate, which includes the right to enter, reenter, construct, maintain, repair, and replace a water main, together with necessary appurtenances: Perpetual Easement A perpetual easement described as follows, and illustrated on the Easement Exhibit A attached as Page 6. Permanent Utility Easement Description: A strip of land of varying width within the property described in the retracement plat of survey described as follows: The area within a line beginning at the NE corner of said property at Point of Beginning [A] thence southerly along the east property line 119.71 feet; thence N89°43'49"W, 15.0 feet; thence S00043'51"E, 1377.98 feet; thence S89°32'20"E, 129.99 feet; thence N45000'00"E, 379.73 feet to a point along the property line of said parcel; thence easterly along said property line 42.52 feet, thence S45000'00"W, 436.46 feet to a point along the south property line of said parcel that is 456.66' westerly of the SE corner of said parcel; thence westerly along the south property line to the SW corner of said parcel; thence northerly along the west property line to the NW corner of said parcel; thence easterly along the north property line to the Point of Beginning [A], 1 Page except for the area within the line described as commencing at the NE corner of said parcel, thence 35 feet westerly along the north property line of said parcel thence 15 southerly and parallel to the east property line to the Point of Beginning [B], thence S00043'51"E, 1485.42 feet; thence N89032'20"W, 1273.13 feet; thence N89°09'26"W, 481.22 feet; thence N10039'28"E, 485.08 feet; thence N00049'49"E, 1014.05 feet; thence S89°46'02"E, 533.92 feet; thence S89035'30"E, 1143.8 feet to the Point of Beginning [B]; the resulting easement area containing 3.93 Acres. That said perpetual easement is granted unto the City, for the purpose of the construction, installation, maintenance, repair and replacement of the following described public improvement: WATER MAIN This Easement shall be subject to the following terms and conditions: 1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS OR MATERIALS PROHIBITED. Grantor and its grantees, assigns and transferees shall not erect any fence or other structure 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, planting or material to be placed under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City. Notwithstanding anything in this paragraph 1 to the contrary, the Owners of the Easement Area shall have the right to construct sidewalks, private roads, driveways, roadways, or streets, as defined in Iowa Code Chapter 321, on the Easement Area subject to prior written approval of the City, provided such sidewalks, private roads, driveways, roadways, or streets comply with all ordinances of the City. If improvements are built or constructed in violation of this perpetual easement, the City shall in no way be responsible for any damages thereto resulting from the construction, maintenance or repair of the aforesaid improvements. 2. CHANGE OF GRADE. Any change of grade by the Grantor within the easement area will require approval in advance by the City. The City shall have the right to restore any changes in grade, elevation or contour made to the easement area that compromises the water main pipe. 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 from property adjacent thereto as herein described, including but not limited to the right to remove without liability to Grantor, any unauthorized fences, structures, obstruction, planting or material placed or erected under, over, on, through, across or within the Easement Area. The City's right of access shall include the right to use Grantor's property as reasonably necessary to access the water main easements on neighboring property. 4. MAINTENANCE. The City shall not be responsible for any maintenance of the land located within the Easement Area whatsoever and that responsibility shall remain with 21 the Grantor; provided, however, the City may perform such maintenance should it determine in its sole discretion such maintenance is needed. Maintenance performed by the City may include, but is not limited to, removing trees. The City is not required to replant trees removed from the easement area. 5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City, its successors and assigns, and its permittees and licensees. 6. EASEMENT RUNS WITH LAND. This Easement shall be deemed perpetual and to run with the land and shall be binding on Grantor and on Grantor's successors and assigns. 7. PROPERTY TO BE RESTORED. City shall exercise due care in entering or re-entering 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 pay for all damages to lawns, landscaping, roads and driveways, fences, livestock, crops, fields, drain tile, crop loss reduction in yield due to compaction or other factors, and other property caused by the construction or maintenance of said water main. For crop damages, the City agrees to pay the owner of the crop 100% of the crop damaged area for the construction year based on average yield and local grain prices during the construction year. After construction, the City agrees to assess the damaged area, and pay for the actual compacted area based on actual future reduction in yield due to compaction. Payment for all of the above-referenced damages in this paragraph shall be paid by the City after an assessment has been completed of the actual damaged area, and adjustments shall be made as necessary based on any current agricultural leases. Upon completion of any construction, reconstruction, repair, enlargement or maintenance of any water main or any appurtenance thereto, the City shall restore the Easement Area and Temporary Easement Area in good and workmanlike manner. In agricultural areas, the land within the easement area will be tilled and returned to a condition suitable for continued farming; and in urban areas, restoration of lawns by seeding to a condition comparable to its condition before construction. It is anticipated that seeding will be completed shortly after substantial completion of the construction project, as weather permits, and that lawns will return to near preconstruction condition within 3 years of construction. The Grantor will be responsible for watering of new grass, if necessary, after seeding is complete. 8. RIGHT TO RENEGOTIATE. The Grantor will have five years from the date of settlement or condemnation to renegotiate construction or maintenance damages not apparent at the time of such settlement under Iowa Code Section 613.52. 9. SETTLEMENT AND SATISFACTION. Contingent upon the execution of this Easement by the parties and receipt by the Grantor of the above-mentioned consideration, Grantor shall consent to the easement and accept said consideration in full and complete satisfaction of any and all obligations of the Grantor arising out of this easement and any resultant damage to the Grantor. The parties further specifically contemplate the release of any and all claims, including, but not limited to, those arising under Iowa Code Chapter 613 as amended. Notwithstanding the foregoing, City shall not be released from its obligations under this Easement. 3 1 : _ r 10.INGRESS AND EGRESS AGREEMENT. The City agrees to maintain reasonable ingress and egress to Grantor's remaining property at all times during construction. 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 covenants to WARRANT AND DEFEND the said premises against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. 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. 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) 4 � � IN WITNESS WHEREOF I have hereunto affixed my hands this '? day of 120 LIBERTY COURT, L.L.C. S even O. Petersen, Member STATE OF 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 o"o a RYAN K. GURWELL Commftlon Number 703655 • ow My ml�bn Expires 5 � , a q« s - - o = t v gv _ d d - �A ;ry 3sv� ov `--- N - a r� Aa3m Aso E _asa z..m o.« 2o 2 2 zl ff11•/11fY/91l� � �.n.� �'�J7'.r�y�/!LL/�Lff/ �% � 3e a 3 U a a LV yx�m a � Ob 0Jh4 4 Q � g t. Q