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Home My WebLink About~Master - Sanitary Sewer Easement - 2810 East Lincoln Way - Ames East Industrial Sewer, Parcel No. 3 ' 1 Instrument 1 2019-02431 04/09/2019 09:24:22 AM Total Pages: 7 EASE EASEMENTS Recording Fee: $ 37.00 Stacie Herridge, Recorder, Story County Iowa 1111 IM Ui KIL y1l0 AL NUIM 11111 Prepared by: Ryan K.Gurwell,A&R Land Services,Inc., 1609 Golden Aspen Dr.,Ste. 104,Ames,IA 50010(515)337-1197 Address Tax Statement To: Valline Properties,LLC,2810 E.Lincoln Way,Ames, IA 50010-6453 RETURN TO: (4ef1% 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, Valline Properties. LLC, an Iowa limited liability 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: Commencing at the Northeast (NE) Corner of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of Section Seven (7), Township Eighty-three (83) North, Range Twenty-three (23) West of the 5th P.M., in the City of Ames, Story County, Iowa, thence South 89036'20" West, 1,329.9 Feet along the North line of the Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) of said Section Seven (7) and the centerline of Lincoln Way (also known as "Old U.S. Highway #30") to the Northwest (NW) Corner thereof, thence South 00045'15" West 60 Feet along the West line of said Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) to the Southerly right-of-way line of Lincoln Way and the point of beginning; thence South 72017'45" East 112.65 Feet along said right-of-way line; thence South 89015'20" East 754.6 Feet continuing along said right-of-way line to the West right-of-way line of Interstate Highway #35, thence South 00°01'15" West 173.55 Feet along said right-of-way line, thence South 89029'40" West 864.8 Feet to the West line of said Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4), thence North 00°45'15" East 225.25 Feet along the West line of said Northeast Quarter (NE1/4) of the Northwest Quarter (NW1/4) to the point of beginning, containing 3.668 Acres. 1 1 Page 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, 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 Ate• 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 pipe 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. 2 1 Page 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 pipe. 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 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 pipe 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 613.52. 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 613 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. 3 1 Page 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. IN WITNESS WHEREOF I have hereunto affixed my hands this _� day of C �!o(JtV 20 ) . VALLINE PROPERTIES, LLC, AN IOWA LIMITED LIABILITY COMPANY Lir--�- Emmett Valline, Managing Member STATE OF Iowa COUNTY OF Story // SS On this /� day of 0 20a, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Emmett Valline, Managing Member of Valline Properties LLC an Iowa limited liability 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. BRIAN T.JENNINGS CWTrdssbn Number 776204 A� My Commission Expires December 18, 2018 Not in and for, a Sta --- 4 Page EXHIBIT 'A' PREPARED FOR: PARCEL #100-7125015 CITY OFAMES CI AMES GI SANITARY SEVER N HALL 515 CLARK AVE. AMES, IOWA 50010 EASEMENT EXH I B I T PROPERTY OV44ERS: PART OF NEI/4 NWI/4, SECTION VALLINE PROPERTIES LLC 0�-83-23 2810 E LINCOLN WAY AMES IA 50010-6453 E. LINCOLN WAY LEGAL DESCRIPTION: PROPERTY AMES, IOWA PORRAN Y DEED - INSTRUMENT# 2005-10967 PLAT OF 5URVEY - CERTIFIED FIELD NOTES BOOK 165. PACE 80 COMMENCING AT THE NORTHEAST (I'E) CORNER OF TT-E NORTHEAST QUARTER (NEI/4) OF THE NORTH1^E5T QUARTER (NWI/4) OF SECTION SEVEN (T), TOWNSHIP EIGHTY-THREE (83) NORTH, RANGE TWENTY-THREE (25) WE5T OF THE 5TH P.M., IN THE CITY OF AMES, STORY COUNTY, IOWA, THENCE SOUTH 89.36'20" WEST, I,32cIA FEET ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (tEl/4) OF THE NORTHWEST QUARTER (NWI/4) OF SAID SECTION SEVEN (T) AND THE CENTERLINE OF LINCOLN WAY (ALSO KNOWN AS 'OLD US. HIGHWAY #30") TO THE NORTHWEST (NW'a CORNER THEREOF THENCE SOUTH 00'45'15" WEST 60 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER (NEI/4) OF THE NORTHWEST QUARTER (NNI/4) TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LINCOLN WAY AND THE POINT OF BE6INNI%;THENCE SOUTH T2-IT'45' EAST 112b5 FEET A LONG SAID RIGHT-OF- WAY LINE;THENCE SOUTH 89-I5'20" EAST 754b FEET CONTINUING ALONG SAID RIGHT-OF-WAY LINE TO THE WEST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY #35, THENCE SOUTH 0060I'I5" WEST 1-055 FEET ALONG SAID RIGHT-OF-WAY LINE, THENCE SOUTH 89.29'40' WEST 864.8 FEET TO THE WE5T LINE OF SAID NORTHEAST QUARTER (NEI/4) OF THE NORTHWEST QUARTER (NWI/4), THENCE NORTH 00.45'15' EAST 22525 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER (NEI/4 OF THE NORTHWEST QUARTER (NWI/4) TO THE POINT OF BEGINNING, CONTAINING 3b68 ACRES LEGAL DESCRIPTION - PUBLIC SANITARY SEWER EASEMENT THE EAST 20.00 FEET OF TRACT #I OF THE NEI/4 NWI/4, AN OFFICIAL TRACT RECORDED IN CERTIFIED FIELD NOTES BOOK 185, PAGE 80 AT THE STORY COUNTY RECORDERS OFFICE, OF SECTION T, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND CONTAINING 3,4T4 SQUARE FEET MORE OR LESS. CERTIFICATION NOTES I. THIS PARCEL MAY BE SUBJECT TO EASEMENTS OF RECORD. NO TITLE WORK a• cccu�r rrrs vra��No ne ra3.rt®sutrnY !'t^0"'•.,, ruwc:+�`'��I)Y� c rr osccr WAS PROVIDED OR PERFORMED BY THIS ,`` '•••"•... veesorx a+ terT I H+A cur SURVEYOR. _ ,*per, IJCBK� i'p otML LNo^1RVEYat uary is JEFFREY A. 2'� LAM OF O► t _� GO= iP__ i .bay p•aaa L�:• 1BJ81 ��: , hiE 190Pl.AEet 91.202D ATE �' •.{:'• ':N.` aR 91@F3'fOJHam BY TW55Ex Q 0.W-P"",,,, SHEM I-3 � LEGEND P � PROPOSED FRSB-tENT AREA I.P. IRON PIPE 4 PROPERTY LINES I.R. IRON ROD 0 — — LOT LINES P.OG. POINT OF 00N4 ffr-DENT — — SECTION LINES ROB. POINT OF BE61N8NIN6 8 EA-Sa-2W LINES INST.XXX COUNTY RECORDER INSTRIJN4~NT m - FOUND SECTION CORNER CF N COUNTY RECORDER CERTIFIED FIELD NOTES W Q SET 5ECTION CORNER BK.XK PG.XX COUNTY RECORDER BOOK t PAGE • (5/5' IR KeLUE CAP 018381) M. FMA5URED BEARIN6 t DISTANCE FOUND PROPERTY CORNER SET ' IR YYBLIIE GAP•10381 P. PREVIOUSLY RECORDED BEARING t D15TANICE %a = FOUND R16NT-OF-WAY RAIL D. 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