HomeMy WebLinkAbout~Master - Trustee Easement for Sanitary Sewer Instr. Number: 2015-00008963
Recorded: 9/14/2015 at 3:38:53.0 PM
Recording Fee: $17.00
Transfer Tax:
Stacie L. Herridge - Recorder
Story County, Iowa
C,410WADOT
Prepared by: Katie A.Johnson, Office of Right of Way, 800 Lincoln Way, Ames, IA 50010, 515-239-1633
Return to: Katie A. Johnson, Office of Right of Way, 800 Lincoln Way,Ames, IA 50010, 515-239-1633
Address Tax Statements: Tax Exempt-IA Code Sec.427.2(City of Ames, Iowa,515 Clark Avenue,Ames, IA 50010)
TRUSTEE EASEMENT FOR SANITARY SEWER
(Inter Vivos Trust)
Forthe consideration of TWO THOUSAND FOUR HUNDRED AND NO/100-----($2,400.00)-
----DOLLARS and other valuable consideration in hand paid by Iowa Department of
Transportation, ARVID R. EIDE, individually, and as Trustee of the ARVID R. EIDE
TRUST, does hereby grant to the CITY OF AMES, IOWA, a permanent easement for
sanitary sewer purposes in, to, on, over and across the following described real estate in
Story County, Iowa:
THE EASEMENT GRANTED FOR SANITARY SEWER PURPOSES IS TO
LAND DESCRIBED AS FOLLOWS:
A parcel of land in the NE'/4 of the NW fractional 1/4 of Section 31, T83N,
R23W of the 5th Principal Meridian, Story County, Iowa, as shown on
Acquisition Plat, Exhibit"A", attached hereto, which by this reference is made
a part hereof, more particularly described as follows:
Commencing at the N1/4 Corner of said Section 31; thence S00018'25" W,
872.94 feet along the east line of the NW fractional 1/4 of said section 31;
thence S88036'16" W, 114.90, to the Point of Beginning; thence
S01018'42"E, 65.00 feet; thence N34 °10'24"W, 588.74 feet; thence
N48047'56"E, 39.05 feet; thence S33048'09"E 538.93 feet to the point of
beginning, containing 0.48 acre.
This easement, a certain Trustee Warranty Deed to the State of Iowa, and a certain
Trustee Flowage Easement to the State of Iowa, executed bythe above named grantorare
given in fulfillment of a certain Agreement dated August 17, 2015, and recorded in the
Story County Recorder's Office on August 24, 2015, as Inst. No. 2015-8208, except for
those terms that survive the execution of this document.
This easement and transfer is exempt from transfer tax. Iowa Code Sec. 428A.2(17).
This easement is being acquired for public purposes through eminent domain and a
Declaration of Value is not required. Iowa Code Sec. 428A.1 .
The grantor hereby covenants with grantee, and successors in interest, that grantor holds
the real estate by title in fee simple; that grantor has good and lawful authority to grant an
easement on the real estate; that the real estate is free and clear of all liens and
encumbrances except as may be above stated; and grantor covenants to warrant and
defend the real estate against the lawful claims of all persons except as may be above
stated.
Story County Project No. IMN-35-4(172)109--0E-85
Arvid R. Eide Trust (Parcel No. 4) Page 1 of 3
The grantor further warrants to the grantee all of the following: That the trust pursuant to
which the easement grant is made is duly executed and in existence;that to the knowledge
of the grantor the person creating the trust was under no disability or infirmity at the time
the trust was created; that the easement grant by the trustee to the grantee is effective and
rightful; and that the trustee knows of no facts or legal claims which might impair the
validity of the trust or the validity of the easement.
The Trustee, who is also the Settlor or creator of the trust, at this time is married to Cheryl
Eide, who executed this instrument only for the purpose of relinquishing all rights of
homestead, dower, and distributive share and in compliance with Section 561 .13, Co
de of
Iowa. The Settlor is also signing in his individual capacity to release homestead, dower
and distributive share.
Words and phrases herein, including the acknowledgment hereof, shall be construed as in
the singular or plural number, according to the context.
Dated /1v.4 obA- 31 , 20 i S'.
ARVID R. EIDE TRUST
i' �'
ByLg � l „ I (sign in Ink)
Arvid R. Eide, Trustee
(Sign in Ink)
Arvid R. Eide, individually
(Sign in Ink)
Cheryl Eide,
spouse of Trustee/Settlor/grantor
STATE OF � '' , COUNTY OF JD , ss:
This instrument was acknowledged before me on U(J , 20�"J, by Arvid
R. Eide as Trustee of the above entitled trust and individually as Settlor, and by Cheryl
Eide, spouse of Trustee/Settlor/grantor.
Vawn Thiphasouk Notarial Seal-State of Iowa vattaj
Commission Number 732279 OA.��Y� (Sign in Ink)
. My Comml Ion Ia pares Notary Public.
(AFFIX N09AM )
('AVFAT: The trustee/arantor should consult with their lawyer concerning the trustee's personal liability arising
IOWA DEPARTMENT OF TRANSPORTATION I®WAD®T
ACQUISITION PLAT
EXHIBIT "A"
COUNTY STORY STATE CONTROL NO. 85-1200
PROJECT NO. 1 MN-035-4 ( 172 )109--OE-85 PARCEL NO. 4
SECTION 31 TOWNSHIP 83N RANGE 23W
ROW - FEE AC, EASE 0. 4 8 AC, EXCESS - FEE AC
ACQUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE SIDE
ACQUIRED ACCESS RIGHTS FROM STA. — TO STA. SIDE ROAD SIDE
ACQUIRED FROMvicl
ACQUIRED IN THE NAME OF THE CITY OF AMES, IOWA
1. SW FRLI'A
SEC• 430-83N-'23W I
WITNESS CORNER I SW34 g3N 20
SET 3,,4' IRON PIPE W/ I SEC
RED CAP 411558 1 " EXP.
70.00' WEST OF
N1/4 COR. SEC. 31-83N-23W
N1/4 CDR. SEC. 31-83N-23N
I NOT SET IN SB LANES
I
I
I,
EXIST. W'LY R/W LINE v)
C1
STA. 1366+55.00 430.00' I 1vl
ti
ao1
4 °47` 31
INTERSTATE ROUTE 35
NI I N01°23'44"W (OFFICE RELOCATE)
STA. 1366+30.00 460.00' INTERSTATE ROUTE 35
N01°23'44'W (SURVEY)
\ I \
0)
NE1,43 W 3NL-23W ��\ 1�\ to S 30 4 538.9 '
SEC 1
N 4°10'24"W 88.74' � � II
\� I �\ I tS 88°36' 16"W 114.90'
\\� \ ,ju NWI'4 831N 23W
STA. 1362+00.00 141 . 17' \�I � , I SEC. 31
II I 101 '4 '
STA. 1361+35.00 141 .27' m�
m P.T. STA. 1360+75.00 (OR) _
Q 33.85 LT. OF
P.O.C. STA. 360+75.42 (SUR)
PROPOSED W'LY R/W LINE 3
NI
P.I. STA. 359+88.0 (P.C.C. PAVING PLAN
I-1G-35-4(12)103) = P.I. STA. 359+87.98
S. LINE NW FRL"4A oL (THIS SURVEY) FOUND IRON PIPE
—-—-—-—-—--- -—-—-—-—-—-—-—-—-—-— -- � - -------------------------
V)
P.I. STA. 1356+96.67
FRL1j 3W (A = 2CE53' 26.93" (RT)
1 ANW 1 SW1'4 NE1�A 23W
-83N-2 D = 0* 22''55.10" I SEC. 31-83N-
SEC• 31 L = 756.81' � I
E = 4.77'
R = 15,000.00'
I
Jam!a
CENTER SEC. 31-83N-23W 1,
SET 314' IRON PIPE
W/ RED CAP #11558
(3" DEEP)
ONNL LAINp SG 0 300
150
I hereby certify that this land surveying document was
Qi
a3 prepared by me or under my direct personal supervision,
JOHN R. POPELKA and that I am a duly licensed Professional Land Surveyor SCALE IN FEET
11556 under the laws of the S-Ye of Iowa. )
/John R. Popelka Li,;'nse No. 11556 1 Date
My license renewal date is December 31, 2016
OW Q
DATE DRAWN JGD JULY 9. 2015