HomeMy WebLinkAboutA001 - Permanent Sanitary Sewer Lift Station Easement Instrusent:2015- 00008960
M Date:Sep 14►2015 03:22:37P
D Rec Fee: 10.00 E-Con Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story County► Iowa
Stacie L. Nerridger County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: Jessica D.Spoden,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010;(515)239-5146
Return document to: Ames City Clerk,515 Clark Ave.,P.O.Box 811,Ames,1A 50010
PERMANENT SANITARY SEWER LIFT STATION EASEMENT
WHEREAS, it is understood and agreed that the City of Ames constructed a sanitary
sewer lift station adjacent to Lowell F. Greimann and Jennifer Laing Greimann's property in
1934. Since that time, the City of Ames has accessed and used the affected land in a continuous;
hostile; actual; open, notorious, and exclusive manner.
WHEREAS, the City of Ames discovered that there is no recorded easement covering the
affected portion of Lowell F. Greimann and Jennifer Laing Greimann's property that the City of
Ames has used to access and operate the lift station and sewers. Due to the continuous use of the
area for such an extended period of time, the City of Ames has a right to claim a prescriptive
easement of the affected area.
KNOW ALL PERSONS BY THESE PRESENTS:
That Lowell F. Greimann and Jennifer Laing Greimann (hereinafter called "Grantors"),
their successors and assigns, for no consideration, based on the City's right to claim a
prescriptive easement, does hereby grant to the City of Ames, Iowa (hereinafter called
"Grantee"), a municipal corporation, its successors and assigns, the perpetual right to construct,
reconstruct, maintain and use a sanitary sewer lift station, including the right to maintain and use
all necessary and associated sewers and equipment, trim or remove trees within such area where
necessary, and a right of access for equipment and vehicles, the right to use separately or jointly
within the city of Ames the areas included in this easement for the purposes above enumerated,
over, upon, across or under the following-described real estate situated in the county of Story,
state of Iowa,to-wit:
A parcel of land in Lots 11 and 12, Block 5, of Ridgewood 2nd Addition to Ames
Story County, Iowa, more particularly described as follows: Beginning at the
Southwest Corner of Lot 11; thence N00140'54"W along the West line of said
Lot 11; 37.22 feet; thence N41131'09"E, 70.43 feet; thence S48°28'51"E,
25.00 feet to the South line of said Lot 12; thence S4191'09"W along the South
line of Lots 12 and 11, 98.00 feet to the point of beginning, containing 2,105
square feet more or less,
I f
t ..
all as shown on the plat attached and made a part hereof.
Grantors shall not cause or permit any trees or shrubs or above ground structures to be
located within the above described land.
Grantee shall assume full responsibility for the maintenance of the easement area and
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.
Grantee shall indemnify and hold harmless Grantors from and against claims related to
injuries incurred by City employees during the course of working within the easement area,
arising out of or resulting froin work related to the sanitary sewer lift station, but only to the
extent that such injury is caused by the failure of the Grantee to use due care in the exercise of
the rights granted by this easement.
Witness our hands this day of , 2015.
GRANTORS
i3ry
Lowell F. reimann
B
Y
ennifer La' g Greimann
State of Iowa, County of Story, ss:
This instrument was acknowledged before me on this a�day of A 2015,
by Lowell F. Greimann and Jennifer Laing Greimann.
Notary Public in and More State of Iowa
Jill L Ripperger
i4 Commissn my Com moires
100
P�. a