HomeMy WebLinkAboutA002 - Permanent Drainage, Access, and Public Utility Easement t
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Instrument:2007- 00010827
M Date:Sep 11r2007 02:31:22P
C Rey_ Fee: 15.00 E-Com Fee: 1.00
Aud Fee: .00 Trans Tart: .00
Rey_ Management Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story County► Iowa
Susan L. Vande Kampr County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Douglas R.Marek,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146)
PERMANENT DRAINAGE, ACCESS,
AND PUBLIC UTILITY EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That Hickory Park, Inc. (hereinafter called "Grantor"), its successors and assigns, for good and
valuable consideration, receipt of which is hereby acknowledged, does hereby grant unto the CITY OF
AMES,IOWA,a municipal corporation(hereinafter called"City"),its successors and assigns,the perpetual
right to enter upon the land hereinafter described for the purpose of the City constructing,reconstructing,
repairing,replacing,enlarging,inspecting,and maintaining a surface water drainage area and the perpetual
right of access upon,underground,over,or across the land and the perpetual right to construct,reconstruct,
maintain,repair,and use, such electrical lines and other equipment for the purpose of conveying electrical
current for power and lighting purposes,and for communication transmissions,upon,underground,over,or
across the land described as:
A part of the Southeast Quarter of the Southwest Quarter of Section 12,Township 83 North,
Range 24 West of the 5th P.M.,City of Ames, Story County,Iowa being more particularly
described as follows:Commencing at the Southwest Corner of the Southeast Quarter of the
Southwest Quarter of said Section 12;thence N00°24'54"W,50.00 feet along the west line
of the Southeast Quarter of the Southwest Quarter of said Section 12 to a point on the north
right of way line of S.E. 16th Street and the point of beginning; thence continuing
N00024'54"W, 150.00 feet; thence S89°39'15"E, 52.00 feet; thence N16°58'00"E, 177.40
feet; thence S89039'15"E, 178.00 feet; thence S00°24'54"E, 190.00 feet; thence
S89039'15"E, 90.00 feet; thence S00°24'54"E, 130.00 feet to a point on the north right of
way line of S.E. 16th Street; thence N89°39'15"W, 373.00 feet along said line to the point
of beginning, containing 2.04 acres.
all as shown on the plat attached and made a part hereof.
This Easement shall be subject to the following terms and conditions:
1. Grantor grants to the City permission to develop and use the said land as a surface water
drainage area. All development and construction shall be done by employees of the City or City's contractors
in accordance with a schedule set by the City.
2. Grantors shall not cause or permit any above ground structures to be located within the above
described land.
Page 1 of 2
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3. Grantee 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.
4. Grantor shall not erect any fence or other structure(except a paved roadway,parking and/or
other utilities) 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 or material to be placed under,
over, on, through, across, or within the Easement Area without obtaining the prior written consent of the
City. The Grantor shall have the duty to mow the grass and perform routine maintenance. The City shall
have the right to excavate the waterways as needed to restore or enhance the functional capacity or structural
integrity of those waterways.
5. Grantor shall not change the grade, elevation, or contour of any part of the Easement Area
without obtaining the prior written consent of the City.
6. 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 as herein described,including
but not limited to, the right to remove, without liability to the City, any unauthorized fences, structures,
obstruction, or material placed or erected under, over, on,through, across, or within the Easement Area.
7. Except as may be caused by the negligent acts or omissions of the City, its employees or
agents,the City shall not be liable for injury or property damage occurring in or to the Easement Area,the
property abutting said Easement Area,nor for property damage to any improvements or obstructions thereon
resulting from the City's exercise of its rights herein granted or arising in any manner from the existence of
this Easement, or from the flowage or drainage of water into, over, through, across, within, or out of said
Easement Area. Grantor agrees to indemnify and hold the City, its employees, agents and representatives
harmless against any loss,damage or injury arising out of or resulting from the negligent or intentional acts
or omissions of Grantor or its employees, agents, or representatives.
8. Grantors shall not cause or permit any trees, shrubs,or above ground structures to be located
within the south fifteen feet(15')of the above described land.
9. This Easement shall be for the benefit of the City.
10. This Easement shall be deemed to run with the land and shall be binding on Grantor and on
Grantor's heirs, successors and assigns.
Grantor does hereby covenant with the City that(i)Grantor holds said real estate described in this
Easement by title in fee simple; (ii)Grantor has good and lawful authority to convey the premises against
the claims of all persons whosoever.
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.
DATED this tZ day of a i1 t/ , 2007.
HICKORY PARK,INC. STATE OF IOWA,STORY COUNTY ss:
On this 1—day of 2007,before
me,a Notary Public in and for the State of Iowa,p rsonally appeared
DAVID E.WHEELOCK,to me personally known,who being by me
duly swom,did say that the person is President of said corporation
B y executing the foregoing instrument;that no seal has been procured
avid E. Wheelock,President by the said corporation,and that said instrument was signed and
sealed on behalf of said corporation by authority of its board of
directors and the said DAVID E.WHEELOCK acknowledged the
execution of said4strument to be the voluntary act and deed of said
corporation by t olu�nttariily�exxecuted.
��Vv✓tom Gt/, O
Notary Public in and for the State of Iowa
PVAL S DAVID W. BENSON
LAWNIickory Park-Permanent Drainage Access&Utility Easement-011207 = `yn` COiV N4!—c'S10 J N0. 111230
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R. BRADLEY STUMBO P. O. BOX 1664 AMES, IOWA 50010 515-233-3689
NW CORNER�� PLAT OF EASEMENT
SEC. 12se32- 4 DRAINAGE, ACCESS & PUBLIC UTILITY EASEMENT
NO MONUMENT
FOUND OR SET
in PARCEL ID: 09-12-300-500
S89'39' 15"E 178.00'
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3 EASEMENT AREA
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N00'24'S4"W Z _ _ 50' ROW LINE
N89'39' 15"W 373.00' - - - - - - - - - -
50.00'
N89'39' 15"W 1307.96'
- - - - - S.E. 16TH STREET (ROW VARIES)
S1/4 CORNER
SEC. 12-83-24
SW CORNER FOUND 1/2"
SEC. 12-83-24 PNH�F ti REBAR
(TO BE SET
SE 1
FOLLOWING
CONSTRUCTION)
Survey Description-Drainage, Access 6 Public Utility Easement:
A part of the Southeast Quarter of the Southwest Quarter of Section 12, Township 83 North,
Range 24 West of the 5th P.M., City of Ames, Story County, Iowa being more particularly
described as follows: Commencing at the Southwest Corner of the Southeast Quarter of the
Southwest Quarter of said Section 12: thence N00 '24'54"W, 50.00 feet along the west line
of the Southeast Quarter of the Southwest Quarter of said Section 12 to a point on the
north right of way line of S.E. 16th Street and the point of beginning: thence continuing
N00 '24'54"W, 150.00 feet: thence S89 '39' 15"E, 52.00 feet: thence N16 '56'00"E, 177.40 feet:
thence S89'39' 15"E, 178.00 feet: thence S00 '24'54"E. 190.00 feet: thence S89'39' 15"E. 90.60
feet: thence S00 '24'54"E. 130.00 feet to a point on the north right of way line of S.E.
16th Street: thence N89'39' 15"W, 373.00 feet along said line to the point of beginning,
containing 2.04 acres.
GRAPHIC SCALE 1 = 100 ' PROPRIETOR: HICKORY PARK, INC
REQUESTED BY: DOUG ERNST,
ENGINEERING ALLIANCE, INC.
0 100 200 300
Certification: I hereby certify that this land surveying document was prepared and the related survey work was performed p0 LEYS
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by me or under my direct personal supervision and that I am a �P�iCENSFO duly licensed Land Surveyor under the laws of the State of Iowa. Q p
17161
Date:
_ �� � � �
R. Bradley Stumbb License #17161
My license rene al date is December 31, 2007 <q Iowa �Q
Job #15834HEAS4 Date: 10/09/06 Page 1 of 1
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