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HomeMy WebLinkAbout~Master - Storm Sewer Easement - Ames Community School District, Southdale, 2nd Addition ' F a Instrument p: 2019-03705 05/15/2019 10:07:54 AM Total Pages: 4 EASE EASEMENTS Recording Fee: $ 22.00 Stacie Herridge, Recorder, Story County Iowa mill W11 MIMI, WITIAM W IWILN11651111 11111 SPACE ABOVE RESERVED FOR OFFICIAL U S E _ Legal description:Seepage 3. Return document to:Ciry Clerl<;515 ClarkAvenue,Ames IA 50010 Document prepared by:Victoria A Feilmeyer,CitV of Ames Legal Depaihnent;515 Clark Avenue,Ames IA 50010 Storm Sewer Easement Know All Persons: The undersigned, Ames Community School District, a school corporation organized and existing under the laws of the State of Iowa (hereinafter referred to as the "Grantor"), for valuable consideration, does hereby grant unto the City of Ames. Iowa, an Iowa municipal corporation, (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 belonging to the Grantor situated in Story County,Iowa,as shown on the Easement Plat,and described as follows: For the use of a Surface Flow and Storm Sewer system over,upon,across,in,and through: The real property shown on Schedule 'Y 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. Grantee shall have the right to enter upon sufficient land adjacent to said Surface Flow and Storm Sewer Easement Area for the purpose of exercising the rights and privileges herein. 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 that may interfere with the use, operation, maintenance, repair and replacement of the Storm Sewer, except with the prior written consent of the Grantee. a 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. • f 4 Successors and Assigns.This Easement shall be binding on successors and assigns of the Grantor and Grantee. 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. -4 In Witness Whereof the undersigned has executed this instrument on S 2019. AMES COMMUNITY SCHOOL DISTRICT By. By. ` � isa Frandsen,President Christine Stensland,Secretary STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on M a-V 020/ , 2oi9, by Alisa Frandsen and Christine Stensland, as President and Secretary, respectively, of the Board of Directors of the Ames Community School District. NOTARY PUBLIC CAROL HUNDERTMARK Commission Number 763529 My commission Expires owP June 17, 2019 LEGAL DESCRIPTION(EASEMENT AREA)—EXHIBIT`A' PERMANENT STORM SEWER EASEMENT DESCRIPTION: THAT PORTION OF PARCEL C, BEING SITUATED IN THE NORTHEAST QUARTER OF SECTION 23 AND THE NORTHWEST QUARTER OF SECTION 24,ALL IN TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL"C",THENCE N 89°48'48" E,85.84 FEET ALONG THE SOUTH LINE OF SAID PARCEL"C";THENCE N 42' 19'04"W, 79.99 FEET;THENCE S 28' 17'41"W, 67.49 FEET ALONG THE WESTERLY LINE OF SAID PARCEL"C"TO THE POINT OF BEGINNING. Tract contains 0.058 acres and is subject to all easements of record. [ SUCCESSIVE PAGES RESERVED FOR EASEMENT PLAT ] A r INDEX LEGEND E PART OF PARCEL"C"BEING SITUATED IN THE NORTHWEST LOCATION QUARTER OF 23 SECTION AND THE NORTHEAST QUARTER OF SECTION 24,T-83-N,R-24-W STORY COUNTY,IOWA REQUESTOR: CITY OF AMES,IOWA PROPRIETOR: AMES COMMUNITY SCHOOL DISTRICT SURVEYOR: EUGENE DREYER,P.L.S.#17535 SURVEYOR COMPANY: HOLTON&MENK,INC. RETURN TO: EUGENE DREYER,BOLTON&MENK,INC. 1519 BALRIMORE DRIVE,AMES,IA 50010(515)-233-6100 FOR RECORDER USE ONLY ACQUISITION PLAT PARCEL"C"NE SEC.23 AND NW SEC.24 T83 R24 AMES,IOWA FEBRUARY,2019 LOT21 SOUMDALEMD �O ti �Qti ti NORTHEAST CORNER LOT 20SOUTHDALE 2ND LOT20 SOUTHDALE2ND PARCEL C 3521 JEWEL DRIVE 9.934 ACRES PERMANENT,�2sr�,° STORM SEWER >S,19, LDr19 EASE s9e�°MENT Q., SOUTHDALEZND 0,058 ACRES °��G N894 48', 8"E N89°48 48' E 85.84' 744.08' POINT OF BEGINNING SOUTHWEST CORNER PARCEL"C" FOUND 5/8 REBAR LOTA FOUND 1/2 REBAR SOUTHDALE 3R0 LEGEND: LEGAL DESCRIPTION: FOUND MONUMENT AS NOTED THAT PORTION OF PARCEL C,BEING SITUATED IN THE NORTHEAST QUARTER OF SECTION 23 AND THE NORTHWEST QUARTER OF Q SET 1/2"REBAR WITH YELLOW PLASTIC CAP N17535 SECTION, ALL F TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE (UNLESS OTHERWISE NOTED) STHDES RIBE CITY OF AMES,STORY COUNTY,IOWA;MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOUND SECTION CORNER BEGINNING ATTHE SOUTHWEST CORNER OF SAID PARCEL"C", O SET 5/8"z24"REBAR WITH YELLOW PLASTIC CAP#17535 THENCE N 89'48'48"E.85.94 FEET ALONG THE SOUTH LINE OF SAID PARCEL"C";THENCE N 42'19'04"W,79.99 FEET;THENCE A SECTION CORNER SET S 28-IT 41"W,67.49 FEET ALONG THE WESTERLY LINE OF SAID PARCEL"C"TO THE POINT OF BEGINNING. (R) RECORDED DIMENSION Tract contains 0.058 acres and is subject to all easements of record. RPC RED PLASTIC CAP V X FENCE IN PLACE U ]5 30 55M STEEL SURVEY MARKER H-1 SCALE FEET p,d ertify that tMslands emwa3 ACQUISITION PLAT uym and[he ed field workw pert°rmed ,E111IIIIIr/////// ndeez I aI s perWsI,n d that l `\ 51OK7( licensed Eaurvey under he laws ftheY_........ wa PARCEL"C" NE SEC.23 AND NW SEC.24 T83 R24 �+EUGENE R. s"EET o =IQ( DREYER { 17535 c]\ a REG.No. 1753 DATE: 1519 BALTIMORE DRIVE ' 7� BOLTON AMES,IOWA 5GO10 1 & ,� ...... , MY LICENSE RENEWAL DATE IS 2/31/2020 OF 515 233-I600 PAGES OR SHEETS COVERED BY THIS SEAL & MENK 'AMES,) THIS SHEET IOB NUMBER:A13.1t1385 H'UMF9N331123Bs\GDK30\]S13B5 V FABEMENR_NDWG 3/E/I0193A3 PM