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
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