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Home My WebLink About~Master - Sanitary Sewer Easement - 2408 East Lincoln Way - Ames East Industrial Sewer, Parcel No. 5 Instrument N: 2019-02439 04/09/2019 09:24:22 AM Total Pages: 7 EASE EASEMENTSRecord ng Fee: y 37.00 Stacie l Herridge, Recorder, Story County Iowa 1IIIK11'tIIN11NN6,10.«IiIIW.5101111III1 Prepared by: Ryan K.Gurwell,A&R Land Services,Inc.,1609 Golden Aspen Dr.,Ste. 104,Ames,IA 50010(515)337-1197 Address Tax Sl temen To: Plumb Supply Company,PO Box 4556,Des Moines,IA 50306-4556 RETURN TO: �G1'lV City Clerk.City of Ames,Iowa,515 Clark Avenue,Ames,IA 50010 (515)239-5105 SANITARY SEWER EASEMENT KNOW ALL BY THESE PRESENT: That we, the undersigned, Plumb Supply Company, hereinafter referred to as "Grantor," for one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, grant and convey unto the CITY OF AMES, IOWA, hereinafter referred to as "City," a municipal corporation, in the County of Story, State of Iowa, a perpetual easement for sanitary sewer right-of-way under, over, on, through, across, and within the following described real estate, which includes the right to enter, reenter, construct, maintain, repair, and replace a sanitary sewer, together with necessary appurtenances: Perpetual Easement A perpetual easement located in part of the following described real estate: Parcel "E" of part of the Northwest Fractional Quarter (NW frl. 1/4) of the Northwest Quarter (NW1/4) of Section 7, Township 83 North, Range 23 West of the 5th Principal Meridian, City of Ames, Story County, Iowa, as shown on the "Plat of Survey" dated April 29, 1996 and filed in the Office of the Recorder on April 29, 1996 in Book 13, Page 234 as Instrument No. 96- 03906. Said perpetual easement being more particularly described on the Sanitary Sewer Easement Exhibit attached as Pages 5=7 and made a part hereof. Sanitary Sewer This Easement shall be subject to the following terms and conditions: 1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS OR MATERIALS PROHIBITED. Grantor and its grantees, assigns and transferees shall not erect any fence or other structure 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, planting or material to be placed under, over, on, 1 1 Page through, across or within the Easement Area without obtaining the prior written consent of the City. Notwithstanding anything in this paragraph 1 to the contrary, the Owners of the Easement Area shall have the right to construct sidewalks, private roads, driveways, roadways, or streets, as defined in Iowa Code Chapter 321, on the Easement Area subject to prior written approval of the City, provided such sidewalks, private roads, driveways, roadways, or streets comply with all ordinances of the City. If improvements are built or constructed in violation of this perpetual easement, the City shall in no way be responsible for any damages thereto resulting from the construction, maintenance or repair of the aforesaid improvements. 2. CHANGE OF GRADE. Grantor and the City shall have the right to change the grade, elevation or contour of any part of the easement area as necessary, subject to Grantor and the City agreeing to maintain a minimum of two (2) feet of fill dirt over the sanitary sewer pipe. Manholes are hereby accepted at surface level temporarily for construction purposes as necessary, but all permanent manhole structures on the premises will be at least 2.5 feet deep. The City shall have the right to restore any changes in grade, elevation or contour made to the easement area that compromises the sanitary sewer pipe. 3. RIGHT OF ACCESS. 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 from property adjacent thereto as herein described, including but not limited to the right to remove without liability to Grantor, any unauthorized fences, structures, obstruction, planting or material placed or erected under, over, on, through, across or within the Easement Area. The City's right of access shall include the right to use Grantor's property as reasonably necessary to access the sanitary sewer easements on neighboring property. 4. MAINTENANCE. The City shall not be responsible for any maintenance of the land located within the Easement Area whatsoever and that responsibility shall remain with the Grantor; provided, however, the City may perform such maintenance should it determine in its sole discretion such maintenance is needed. 5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City, its successors and assigns, and its permittees and licensees. 6. EASEMENT RUNS WITH LAND. This Easement shall be deemed perpetual and to run with the land and shall be binding on Grantor and on Grantor's successors and assigns. 7. PROPERTY TO BE RESTORED. The City shall exercise due care in entering or reentering said real estate, and shall compensate the Grantor for actual damages caused to said real estate or to Grantor's remaining property. The City shall pay for all damages to landscaping, roads and driveways, fences, livestock, crops, fields, drain tile, crop loss reduction in yield due to compaction or other factors, and other property caused by the construction or maintenance of said sanitary sewer. For crop damages, the City agrees to pay 100% of the crop damaged area for the construction year based on average yield and local grain prices during the construction year. After construction, the City agrees to assess the damaged area, and pay for the actual compacted area based on a 3-year schedule for future reduction in yield due to compaction. The 2 Page schedule will be 50% for the first year after construction, 25% for the second year, and 25% for the third year based on average yield and local grain prices during the construction year. Payment for all of the above-referenced damages in this paragraph shall be paid by the City after an assessment has been completed of the actual damaged area. Upon completion of any construction, reconstruction, repair, enlargement or maintenance of any sanitary sewer or any appurtenance thereto, the City shall restore the Easement Area and Temporary Easement Area in good and workmanlike manner. In agricultural areas, the land within the easement area will be tilled and returned to a condition suitable for continued farming; and in urban areas, restoration of lawns by seeding to a condition comparable to its condition before construction. The Grantor will be responsible for watering of new grass, if necessary, after seeding is complete. 8. RIGHT TO RENEGOTIATE. The Grantor will have five years from the date of settlement or condemnation to renegotiate construction or maintenance damages not apparent at the time of such settlement under Iowa Code Section 66.52. 9. SETTLEMENT AND SATISFACTION. Contingent upon the execution of this Easement by the parties and receipt by the Grantor of the above-mentioned consideration, Grantor shall consent to the easement and accept said consideration in full and complete satisfaction of any and all obligations of the Grantor arising out of this easement and any resultant damage to the Grantor. The parties further specifically contemplate the release of any and all claims, including, but not limited to, those arising under Iowa Code Chapter 6B as amended. Notwithstanding the foregoing, City shall not be released from its obligations under this Easement. 10.INGRESS AND EGRESS AGREEMENT. The city agrees to maintain reasonable ingress and egress to Grantor's remaining property at all times during construction. Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easement by title in fee simple; that Grantor has good and lawful authority to convey the same; and said Grantor covenants to WARRANT AND DEFEND the said premises against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. 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. The City shall hold Grantor harmless and indemnify Grantor from any liability incurred by Grantor as a result of the City`s exercise of the granted rights. 3 1 Page IN WITNESS WHEREOF I have hereunto affixed my hands this 2fday of o(7 20 t� PLUMB SUPPLY COMPANY Scott Anshutz, President STATE OF Iowa COUNTY OF Polk // � : SS On this�day of 206f, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Scott Anshutz. President of Plumb Supply Company to me known to be the identical person(s) named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. otaiv ry in and for the State of Iowa �kAL JEWEL :NICHOLSON COMMIN# 183058MY COMON D PIRES WFA 4 Page EXHIBIT 'A' PREPARED FOR: PARCEL #100-7100005 CITY °FAMES AMES CITY HALL SANITARY SENER 515 GLARK AVE. ��(L/XI 1 AMES, IOWA 50010 EASEMENT ' I BI T PROPERTY OWNERS: PARCEL 'E' NWI/4 NWI/4, PLUMB SUPPLY COMPANY PO BOX 4558 SECTION 0-1-83-23 DES MOINES IA 50306-4555 E. LINCOLN WAY AME5, IOWA LEGAL DESCRIPTION: PROPERTY PARCEL 'E' OF NWI/4 N1^Ya, AN OFFICIAL PARCEL RECORDED IN THE CERTIFIED FIELD NOTES BOOK 13, PAGE 254 AT THE STORY COUNTY RECORDERS OFFICE, OF SECTION 1, TOWNSHIP 83 NORTH, RANGE 23 WE5T OF THE 5TH P.M. LEGAL DESCRIPTION — PUBLIC SANITARY SEINER EASEMENT A PUBLIC SANITARY SEWER EASEMENT IN PARCEL 'E' OF NWI/4 NWI/4, AN OFFICIAL PARCEL RECORDED IN THE CERTIFIED FIELD NOTE-5 BOOK 15, PAGE 234 AT THE STORY COUNTY RECORDERS OFFICE, OF SECTION 7, TOWN5HIP 63 NORTH, RANGE 23 WE5T OF THE 5TH P.M. THAT 15 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE NW CORNER OF SAID PARCEL 'E'; THENCE N43.2q'43"E, g6.'73 FEET ALONG THE NORTH LINE OF SAID PARCEL 'E' TO THE POINT OF BEGINNING; THENCE GONTINUING N43.2q'43"E, 11.14 FEET ALONG SAID NORTH LINE TO A POINT; THENCE 5-76.35'03"E, 4q.63 FEET ALONG SAID NORTH LINE TO A POINT; THENCE 58q-0l'12"W, 60.05 FEET TO THE POINT OF 13E6INNIN6 AND CONTAINING 568 SQUARE FEET MORE OR LESS. CERTIFICATION NOTES I. THI5 PARCEL MAY BE 5013JEGT TO I ItM53Y ce Y T T T(xs wa suavErnas EASEMENTS OF RECORD. NO TITLE WORK IJt;1CIR8rr FS PREPARED Aro T!E R M W 9A T s, �O"''�,, YtlRCMASP�®pYlE TlU tMYDRCLr WAS PROVIDED OR PERFORMED BY THIS �•` .•••••••.. PHtSON�EIPERVISIDNAW TINTI AMAOLLY LlCatlD LAtD slaxerae IEQT±r,� SURVEYOR. &. JEFFREY A :%'= LAiB dF 37ATE aF y �w - yy[ GADDIS ;q c A _LILB+EE ND.10.tl1 DATE 6'. 18387 L' /LATE IS DE[Affit 01.2720 /PA6E9 At 91(fETSLOJB�B!11115 SEAL' a OWP ,. G 5F1ff15 -3 LEGEND PROPOSED EASEMENT AREA I.P. IRON PIPE 3 PROPERTY LINES I.R. IRON ROD 8 — — LOT LINES P.O.G. POINT OF GON4NENGEN'ENT SECTION LINES P.O.B. POINT OF BEGINNING EASEMENT LINES I1,15T. XXX COUNTY RECORDER INISTRUMENT A FOUND SECTION CORNER GFN COUNTY RECORDER CERTIFIED FIELD NOTES m W Q SET SECTION CORNER BK.XX,P6. XX COUNTY RECORDER BOOK t PAGE (S/B' I.R.YLBLUE GAP#18581) M. MEASURED BEARING 4 DISTANCE FOUND PROPERTY CORNER SET ' I.R.W/BLUE GAP•18381 P. PREVIOUSLY RECORDED BEARING t DISTANCE JL FOLRJD RICW-OF-WAY RAIL D. DEEP BEARING t DISTANCE ADDRES5 SHEET ■CEC Civil Engineering Consultants, Inc. w DATE, Jm 29 2019 OF 3 2400 86th Street.Uni( 12 . Des Moines,Iowa 50322 DESIGNED BY. JAG -' S15.276.4884 . Fax:515.276.7084 . mailececlac.com DRAWN BY: JAG E-7b8I r< w a EXHIBIT 'A' PARCEL #100'1100005 SANITARY SEYER EASEMENT EXHIBIT PARCEL 'E' NWI/4 NWI/4, SECTION 01-55-23 E. LINCOLN WAY AMES, IOWA PlCNA1L E. LINGOLN WAYS ��25 LINCOLN HIGHWAY I !Haut) 7 i11 LW 11%W*a B 110N O'1-0}25 I— 569'07'12'W 1T2736' /I — - - — — — — —576° l IVY ,Ai 3$'03,t E pc 4q'63 PUBL I G 0 � SANITARY SEWER N76y3� EASEMENT 3615 SQUARE FEET 2N' 60.05, 1`t• IR ' W cOR R / PARL9_ E',WX M+4 r�P9L. `>EO'09-W-23 y' v 410 CPO b DK a 60 M. dJ U 80, P. 1v a ROYL I rp�amw I � � y,• IR,Wei PARCEL E oO wB Y 5EG. SEC 5M'00'22" „tt'1L 203-20' ,� 3 I S o ■ T NORTH LLI' SCALE: =60 SHEET i � 2Civil Engineering Consultants, Inc. 0' 20' ao' 60' 120' w DATE: Jaarw 29 2019 OF 3 w 2400 86th Street-Unit 12 . Des Moines,Iowa 50322 DE516NED BY: JA6 E-lbBl 515.276.4884 . Pax:515.276.7084 mail(akeclaccom Df;L U BY: JAG EXHIBIT 'A' PARCEL #100-1100005 SANITARY SEVER EASEMENT EXHIBIT PARCEL 'E' NWI/4 NWI/4, SECTION 0-T-83-23 E. LINCOLN WAY AMES, IOWA /MORm LICE 1%NN4.WE TI 1t 6rr-00Y — — — — — 509'Ol l2•W I12'I36' LINGOL�LHIGHAWAY 576a3$03 /E (PUBLIC) 49.631 �0 Al/ ----PUBLIC oiyto� SANITARY SEWER EASEMENT 368 SQUARE PEST PAB. (20.05, - ♦ pla' Xj' I.R. I I n PARLB E',H94 WV4 SEC.0I-8323 �UDK K , PARCZL-W-25 rmY, I I ECEC NORTH SHEET "=30' Civil Engineering Consultants, Inc. o o' 20' so' 60' DATE: Jonucrq 211 2019 OF s 2400 86th Street.Unit 12 . Des Moines,Iowa 50322 DESIGNED Bl': JAG 515.276.4884 . Fax 515.276.7084 . maiICgkeclac.com DRAM BY: y46 E-1551