HomeMy WebLinkAboutA002 - Temporary Construction Easement for Sanitary Sewer Lift Station Instrurent:2015- 00008959
M Date:Sep 14r2015 03:22:17P
D Rec Fee: 15.00 E-Com Fee: 1.00
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Filed for record in Story Countyt Iowa
Stacie L. Nerridge. 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,IA 50010
TEMPORARY CONSTRUCTION EASEMENT
FOR SANITARY SEWER LIFT STATION
WHEREAS, it is understood and agreed that the City of Ames constructed a sanitary
sewer lift station adjacent to Shawn D. Lewis and Laura Anne Lewis's property in 1934. Since
that time, the City of Ames has accessed and used the affected land in a continuous;actual;open,
and notorious manner for use of the lift station.
WHEREAS, the City of Ames discovered that there is no recorded easement covering the
affected portion of Shawn D. Lewis and Laura Anne Lewis's property that the City of Ames has
used to access and operate the lift station and sewers. The City of Ames has discovered that due
to the age of the lift station and damage to the station from recent floods, the lift station needs to
be replaced in order to continue to provide reliable sewer service in this area.
KNOW ALL PERSONS BY THESE PRESENTS:
That Shawn D. Lewis and Laura Anne Lewis (hereinafter called "Grantors"), their
successors and assigns, for good and valuable consideration, receipt of which is hereby
acknowledged, do hereby grant to the City of Ames, Iowa (hereinafter called "Grantee"), a
municipal corporation, its successors and assigns, a TEMPORARY CONSTRUCTION
EASEMENT to construct, reconstruct, repair, enlarge and maintain a sanitary sewer lift station.
The Grantee shall have the right of access for equipment and vehicles to the temporary easement
area and have rights of ingress and egress reasonably necessary for the use and enjoyment of the
temporary easement area, 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 rectangular parcel of land in Lot 10, Block 5, of Ridgewood 2nd Addition to
Ames, Story County, Iowa, more particularly described as follows: Commencing
at the most westerly corner of Lot 10; thence N41°31'09"E along the
northwesterly line of said Lot 10, 53.00 feet to the point of beginning; thence
continuing N41°31'09"E along the northwesterly line of said Lot 10, 10.00 feet;
thence S48°28'51"E, 25.00 feet; thence N41°31'09"W, 35.00 feet; thence
N48028'51"W, 25.00 feet to the northwesterly line of said Lot 10; thence
N41°31'09"E along the northwesterly line of said Lot 10, 10.00 feet; thence
S48028'51"E, 35.00 feet; thence S41031'09"W, 55.00 feet; thence N48°28'51"W,
35.00 feet to the point of beginning, containing 1,050 square feet more or less,
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, except those that naturally appear.
Grantors shall maintain a right to cross over or be on the easement for the purpose of
accessing the adjacent park. Grantee shall ensure that a path is not obstructed for Grantors to use
to access the adjacent park.
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 from work related to the sanitary sewer lift station, but only to the
extent that such injury is caused by failure of the Grantee to use due care in the exercise of the
rights granted by this easement. This provision does not affect the applicability of then existing
statutory and common law liability principles.
This Temporary Construction Easement is temporary and shall remain in effect until
December 31, 2016.
Witness our hands this O t' day of� , 2015.
G S
i
BY
Shawn D. Lewis
Bye,•
Laura Anne Lewis
State of Iowa, County of Story, ss:
This instrument was acknowledged before me on this g day of 2015,
by Shawn D. Lewis and Laura Anne Lewis.
�l 0 1Z7116
OrJV Notary Public in and for the State of Iowa
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PREPARED BY;LARRY D.HYLER BISHOP ENGINEERING CO.,INC.3501 104TH STREET URBANDALE IOWA 50322 PH.(515)276-04677
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1225 ORCHARD DRIVE Bishop Engineering
C'Z � AM E S, I O WA Ad'Planning Your Successful Development
En z 3501 104th Street
� KjvDes Moines,Iowa 50322-3825
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