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Home My WebLink AboutA004 - Corrected Water Main Easement, recorded May 13, 2019, Instrument No. 2019-03595 F_A5 i 8a-(, I'vI • Instrument 0: 2019-00224 01/09/2019 02:27:26 PM Pages: 6 EASE EASEMENTS - Recording Fee: 42.00 Stacie Herr -corder, Story, County Iowa Instrument 0: 2019--03595 05/13/2019 08:32:16 AM Total Pages: 4 EASE EASEMENTS Recording Fee: $ 32.00 Stacie Herridge, Recorder, Story County Iowa ®III A11% PAK111 MYL'N il' ,1.W,1L4UW,11 t1111 S P A C E A B O V E RESERVED FOR OFFICIAL USE Return document to:City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by:Victoria A.Feilmeyer.City ofAmes Legal Deparknent,515 Clark Ave.,Ames,IA 50010—5 15-239-5 146 Easement Know All Persons: The undersigned, The Preserve Ames. LLC, a limited liability company organized under the laws of the State of Delaware (hereinafter referred to as the "Grantor"), its successors and assigns, for valuable consideration, does hereby grant unto City of Ames. Iowa, an Iowa municipal corporation, its successors and assigns (hereinafter referred to as the "Grantee"), upon the conditions hereinafter recited,the perpetual right to enter upon the land hereinafter described as the Easement Area for the uses set forth hereinafter over,upon,across and under the Easement Area together with a perpetual right of ingress and egress between said Easement Area from adjacent public rights-of-way. The Easement Area is a strip of land situated in Story County, Iowa, as shown on the attached Easement Plat, and described as follows: For the use of constructing, repairing, maintaining and operating a water main in, over, upon through and under the described premises as may be distributed under franchise of the City of Ames. The real property shown on Schedule "A" attached hereto and by this reference made a part hereof. Grantee shall have the right within the Easement Area to construct,reconstruct,cover over,clean up, operate, use,maintain,and repair the systems described.The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions: i Obstructions Prohibited. The Grantor,as the fee simple owner of the underlying real estate,and the Grantors' successors and assigns, shall not erect or place within the Easement Area any building or other structure or improvement or any trees, shrubs or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee. The Grantee shall have the right to trim or remove trees and shrubs within the Easement Area to prevent damage to a permitted improvement of the Grantee located within the Easement Area. 2 Restoration. Immediately following construction, reconstruction, or repair work by the Grantee within the Easement Area, weather and season permitting, ground area with previously existing grass cover that is disturbed by such work shall be planted with grass seed in accordance with customary methods of soil preparation and planting by the Grantee. 3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive., This instrument shall not preclude the Grantor from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 4 2 4 Title Warranty. The Grantor warrants to the Grantee that the Grantor holds the Easement Area by title in fee simple; that the Grantor has good and lawful authority to grant the easement rights herein provided for;and that the Easement Area is free and clear of all liens and encumbrances. 5 Interpretation. Words and phrases used in this instrument shall be construed as in the single or plural number, and as masculine, feminine or neuter gender,according to the context.This instrument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. In Witness Whereof the undersigned has executed this instrument on 201 THE PRESERVE AMES, LLC By: ATURE NAME PRINTED TITLE OF AUTHORIZED SIGNER STATE OF m/V , COUNTY OF SS.: This instrument was acknowledged before me on Vet in- i bw 2-0 ,2011 , by J,e* L-1j CA,/ (name) as t-6-h0-Q,?�— (title) of The Preserve Ames, LLC. NOTARY PUBLIC .Minter Carrie G Notary Public Minnesota ^My Commission Ezp W January 31,2023 w a .. EASEMENT PLAT LEGAL DESCRIPTION A PART OF LOT 15 LYING SOUTH OF WESTBROOK DRIVE AND A PART OF THE VACATED NORTH DAKOTA AVENUE RIGHT-OF-WAY IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID VACATED RIGHT-OF-WAY; THENCE SOUTH 00020'45'' EAST ALONG THE EAST RIGHT-OF-WAY LINE OF NORTH DAKOTA AVENUE, 135.09 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 85041'35'' EAST, 49.32 FEET; THENCE SOUTH 04051'14'' WEST, 18.91 FEET; THENCE NORTH 85044'02" WEST, 10.00 FEET; THENCE NORTH 04151'14'' EAST, 8.91 FEET; THENCE NORTH 85040'53'' WEST, 38.41 FEET TO THE EAST RIGHT-OF-WAY LINE OF NORTH DAKOTA AVENUE; THENCE NORTH 00120'4511 WEST ALONG SAID EAST RIGHT-OF-WAY LINE, 10.03 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRES (578 S.F.). OWNER The Ames Preserve LLC 1964 W Wayzata Blvd Long Lake, MN 55356 LEGEND Survey Found Set I hereby certify that this land surveying document was prepared and the related survey Section Corner ♦ p work was performed by me or under my direct 1/2" Rebar, Yellow Cap 19710 personal supervision and that I am a duly (Unless Otherwise Noted) licensed rofessional L drveyor under the ROW Rail OFL55lONA( <q ��D' tat f Calculated Point + oQ Nos 12/20/18 Platted Distance P = ER IN D. Gym . Gr i PLS Date Measured Bearing & Distance M _' GRIFFIN o Recorded As R J License Number 19710 Deed Distance D 19710 My License Renewal Date is December 31. 2019 Calculated Distance C Pages or sheets covered b this seal: Centerline -- 100'f i` g y Section Line — Sheets 1 and 2 of 2 1/4 Section Line 1/4 1/4 Section Line — Easement Line 4415 L I N C O L N WAY SHEET 1 OF 2 WATER MAIN EASEMENT PN: 117.0507 FLD BK: XX PG:XX S S N Y D E R 2727 S.W.SNYDER BLVD. DATE: 12/10/18 &ASSOCIATES ANKENY,IA 50023(515)964-2020 PM/rECH:EDG/SDB VBieweouWeiphtPDF.yltcfq V:\Projects\2017\117.0507.OT\CADD\1170507—WAT_E51IT d V:\Re1Lib—y\LPDDSIonlord,\WarkSp e\Slandorde\P,itiq\Pen_Tobka\dotatbI 12/19/2me Snyder ekeuer 38.88'M&R L 60.00' R.O.W. NW Corner Vacated R.O.W. NW Corner Lot 15 �• Lying S of Westbrook Drive m O d� w m a o moo o �Zu o O E �O Q)� Q'C Point of Beginning S85°41'35"E __ 49.' N00°20'45' W 10.03' I i SO4°51'14' W 18.91' N85040'53"W 38.41' N04051'14' E 8.91' N85044'02' W 10.00' o6 Ln W C > O (V CD O PT ACT 15 4 Q ur) m SEC 5 g3-24 0 � o - > o `n O Q O Z z O _rr ry 0 z 0 50 SCALE (FEET) 4415 LINCOLN WAY SHEET 2 OF 2 PN: 117.0507 WATER MAIN EASEMENT FLDBK: XX PG:XX LsS N Y D E R 2727 S.W.SNYDER BLVD. DATE: 12/10/18 &A S S o C I AT E S ANKENY, IA 50023(515)964-2020 PM/TECH:EDG/SDB VMWKolfWaiyy��IPOr.PItclqq V:\Projects\2017\117.0507.01\CODD\1170507_WAT_ESAIT.drgnn V:\Re lUb—yM0RDStenl,ds\WorkSp e\Standards\Pmtng\Pm T,bks\datc.lbl -~ 12/19/T018 Snyder . � skoiser � T.N