HomeMy WebLinkAbout~Master - Permanent Sanitary Sewer Lift Station Easement - Shawn D. Lewis and Laura Anne Lewis Instrument:2015- iii 0089`8
i9 Date:Sep 14r2015 03:22:00P
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Filed for record in Story C:ountyr Iowa
:;facie L. Herridger 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
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 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.
KNOW ALL PERSONS BY THESE PRESENTS:
That Shawn D. Lewis and Laura Anne Lewis (hereinafter called "Grantors"), their
successors and assigns, for the mutual consideration provided herein, do 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 equipment, trim or
remove trees within such area where necessary, construct permanent above-ground structures
that shall conform with currently accepted design standards and having a height no greater than
required by city, state, federal, or administrative law or regulation encompassing up to fifty
percent (50%) of the easement area, except as required by city, state, federal, or administrative
law or regulation, 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 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, 63.00 feet to the point of beginning; thence
continuing N41°31"09"E along the northwesterly line of said Lot 10, 35.00 feet;
thence S48°28'51"E, 25.00 feet; thence S41°31"09"W, 35.00 feet; thence
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N48028'51"W, 25.00 feet to the point of beginning, containing 875 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.
Witness our hands this SIJ� day of &dgwkA , 2015.
GRANTOR
1
By
Shawn D. Lewis
Bv"'Aa4'�
Laura Anne Lewis
State of Iowa, County of Story, ss:
This instrument was acknowledged before me on this day of 2015,
by Shawn D. Lewis and Laura Anne Lewis.
SHERI L DAVIS ,
G�O�AMMAM M 11*127116
AIMMMMMM owe Notary Notary Public in and for the State of Iowa
PREPARED BY:LARRY D.HYLER BISHOP ENGINEERING CO.,INC.3501 104TH STREET URBANDALE IOWA 50322 PH.(515)276-0467
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AMES, IOWA
�m � 3501 104th Street
Cn a m Des Moines,Iowa 50322-3825
ACQUISITION PLAT Phone:(515)276-0467 Fax:(515)276-0217
Civil Engineering&Land Surveying Established 1959
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