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Home My WebLink About~Master - Sanitary Sewer Easement from Micheal Badger and Linda Badger Instrument 0: 2019-04390 06/04/2019 09:18:49 AM Total Pages: 7 EASE EASEMENTS Recording Fee: 37.00 Stacie Herridge, ecorder, Story County Iowa I I I I K N11101116V','l I 'l N11 141 11"'k1111I II1 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: Micheal J.Badger and Linda Badger,4100 E. Lincoln Way,Ames, IA 50010-9478 RETURN TO: (ehV� City Clerk, City of Ames, Iowa, 515 Clark Avenue,Ames, IA 50010 (515)239-5105 Poi30X811 SANITARY SEWER EASEMENT KNOW ALL BY THESE PRESENT: That we, the undersigned, Micheal J. Badger and Linda Badger, his wife, 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 12 inch force main sanitary sewer, together with necessary appurtenances: Perpetual Easement The South 12.00 fee Est 534 feet of the t of the North 45.00 feet of the West 96.00 feet of the a NW1/4 NW1/4 of Section 08, Township 83 North, Range 23 West of the 5th P.M., City of Ames, Story County, Iowa and containing 1,152 square feet more or less. Said perpetual easement being more particularly described on the Sanitary Sewer Easement Exhibit A 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 Page 1 of 7 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 soil 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 the adjacent existing highway right of way, 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. 4. MAINTENANCE. The City shall not be responsible for any routine maintenance of the land located within the Easement Area after initial construction and restoration is complete, that responsibility shall remain with the Grantor; provided, however, the City and its permitees and licensees may perform maintenance should they determine in their sole discretion such maintenance is needed and shall provide all maintenance until restoration is completed. 5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City and its permittees and licensees. Paragraph 4 above applies to all. 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 easement area from existing highway right of way 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 (including existing asphalt paving), 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. Upon completion of any construction, reconstruction, repair, enlargement or maintenance of the sanitary sewer or any appurtenance thereto, the City shall restore the Easement Area in good Page 2 of 7 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 restoration is completed. 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. The date of settlement will be the date that restoration is completed. 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. 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 any of its obligations under this Easement. Any resultant damages shall rest with the City. 10.INGRESS AND EGRESS AGREEMENT. The city agrees to maintain ingress and egress to Grantor's remaining property at all times during construction. 11.STAKING OF EASEMENT AREA. Before any construction starts on the sanitary sewer the City, at its cost, shall install wood stakes at the South-east and South-west corners of said easement area of 12.00 feet by 96.00 feet. 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. Page 3 of 7 IN WITNESS WHEREOF I have hereunto affixed hands this am y day of ►/ npr cze-P , 20 Ict . Micheal J. Badg Linda Badger STATE OF Iowa COUNTY OF Story : ss On this day of Z�A�i__X 20/?_1 before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Micheal J. Badger and Linda Badger, his wife, 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. Notary in and for the State of Iowa BRIAN T.JENNINQS T: Commission Number 7762W My Commission o mmw 18,2ftl Page 4 of 7 EXHIBIT 'A' PREPARED FOR: PARCEL #1008100100 CITYOF AMES AMES SA��I I T RY AMES GIN HALL 515 GLARK AVE. SEMIR AMES, I OWA 50010 EASEMENT EXH I B I T PROPERTY OWNERS: NWI/4 NWI/4, SECTION 08-83-23 MICHEAL J BADGER 4100 E. LINCOLN WAY E. LINCOLN AAY AMES IA 50010 AMES, IOWA LEGAL DESCRIPTION: PROPERTY WARRANTY DEED - INSTRUMENT #c11-114Gq THE WEST ONE-HALF (W 1/2) OF THE NORTHWEST QUARTER(NW 1/4) OF SECTION 8, TOWNSHIP 83 NORTH,RANGE 23 WEST OF THE 5TH P.M., STORY COUNTY, IOWA;SUBJECT TO EASEMENTS OF RECORD. LEGAL DESCRIPTION - PUBLIC SANITARY SEWER EASEMENT THE SOUTH 12.00 FEET OF THE NORTH 45.00 FEET OF THE WEST G6.00 FEET OF THE EAST 534 FEET OF THE NWI/4 NWI/4 OF SECTION 08, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND GONTAINING 1,152 SQUARE FEET MORE OR LESS. CERTIFICATION NOTES I. THIS PARCEL MAY BE SUBJECT TO 1 HEREBY G1F8dWAS cKASPr THAT THIS LAND SURVEYED EASEMENTS OF RECORD. NO TITLE WORK DOi PREPARED AND THE RELATED SURVEY .�A^b 'o., WORK KkS Pe;U;ORMW BY ME OR UNDER MY DIRECT WA5 PROVIDED OR PERFORMED BY THIS �\ ;.••• ••• . PB250NA.�SUPEWSION AND THAT I AM A DULY `r��' J` , LICEW-W PROPEii50 LAND SURVEYOR UNDER T"C SURVEYOR. i �•JEFFREY A. Z- LA W'OF MIST OP 1011A. CADDIS j O� March 12,2019 •• 18381 :A I Xff� "'S'bADD}S °�s++�LICENSE Np,183BI DATE WY 6EHSE RB`B^IAI DA;7E 15 DECEMBER 31,2020 a ,�� •••. ..•• , P fES OR 5HEET.3 COVED BY THIS SEAL, 0 ow I SHEETS I-3 N_ P LEGEND N PROPOSED EASEMENT AREA I.P. IRON PIPE PROPERTY LINES I.R. IRON ROD o — — LOT LINES P.O.G. POINT OF COMMENCEMENT 0 — — SECTION LINES P.O.B. POINT OF BEGINNING EASEMENT LINES IN5T.XXX COUNTY RECORDER INSTRUMENT FOUND SECTION CORNER GFN COUNTY RECORDER CERTIFIED FIELD NOTES Q SET SECTION CORNER BK. XX,PG.XX COUNTY RECORDER BOOK 4 PAGE w (5/8" I.R."LUE GAP#18581) M. MEASURED BEARING 4 DISTANCE FOUND PROPERTY CORNER SET 5/a" I.R.W/BLUE GAP�18381 P. PREVIOUSLY RECORDED BEARING d DISTANCE FOUND RIGHT-OF-WAY RAIL D. DEED BEARING 3 DISTANCE ADDRESS QSfqmT � NCEC 0 Civil Engineering Consultants, Inc. I March 12 201A OF 3 w 2400 86th Street.Unit 12 . Des Moines,Iowa 50322 DESIGNED BY: JAG w 515.276.4884 . Fax:515.276.7084 . mail@ceclac.com DRAWN BY: JAG E-7881 d EXHIBIT 'A' PARCEL #1006100100 LAND 5URVEYOR5 NOTE: SANITARY 5EYeR R E N WAY PAVEMENT DOES NOT EASEMENT EXH I B I T REPRESENTESENT FEE SIMPLE OWNERSHIP. NWI/4 NWI/4, SECTION 08-83-25 E. LINGOLN AAY AMES, IOYVA RIGHT-OF-WAY DETAIL NORTH LINE NVY4 NY,&SEC.Ob-83-23 d ¢LINCOLN WAY RIGHT-OF-WAY EASEMENT I 12.00'PUBLIC 35 5ANITARY SEWER PAVEMENT ———————-EASEbZbM --- ——————— -- —— NSq°33'12"E 2655.24' 1327.62' I Ib' I83.Op'R.O.W.EASEMENT 100.00'R.O.W.EASEMENT 5.001 I FOUND 1 I I I MAGAIL 1 12.00'PUBLIC W4 CORNER SANITARY SEWER E. LINCO�N WAY 5EG. 08-63-23 EASEMENT (PUB IC) -------_-------- ----- --1327.62'- -- ---__- 50 00, 11 R.O.W.EASEMENT I I FO ND NE CORNER MAG AIL —I 1 I NW1'4 NW4 NW CORNER —— I 5EG. 05-83-23 5E6. 08-83-23 { 4 00 \0 �K q I'� yy V!;,o\P �\\K U� ^P�<( o �u 0 I I I W m c ECECSCALE: I "=400' NORTH SHEET 0 Civil Engineering Consultants, Inc. 10, 4o0' 500. 2400 86th Street.Unit 12 Des Moines,Iowa 50322 DATE. March 12 20161 OF 5 DE516NED BY: ,JA6 d 515.276.4884 . Fax 515.276.7084 , mail@ceclaacom DRAWN BY: ,SAG E-78f31 d EXHIBIT 'A' PARCEL #1008100100 SANITARY SEYeR EASEMENT EXH I B I T NWI/4 NWI/4, SECTION 08-83-23 E. LINCOLN WAY AMES, IOWA LAND SURVEYORS NOTE: ¢E LINCOLN WAY PAVEMENT DOES NOT REPRESENT FEE SIMPLE OWNERSHIP. 0 \Y` 1 ?8VOV" �G�P 45.00' NORTH LINE NW4 NW4,5EG.08-83-23 I2.00'PUBLIC PUBLIC SANITARY d ¢LINGOLN WAY SANITARY SEWER 5EWER EASEMENT RIGHT-OF-WAY EASEMENT EASEMENT 1,152 SQUARE FEET E. LINGOCIT^�IAY -- -------- ---- — -------- ----NBq033'12"E 2655.24' --- -- 132-f.62'-- ------------- ---- FOUND MA(5NAIL 11 6.00 534' NW CORNER 5EG. 08-55-25 50.00' I R.O.W.EASEMENT I NE CORNER NWI$ NWI'4 5EG. 08-83-23 o I , 1\o CP I � I g �o Q ECEC IINORTH EOATE: : I =200 �T 0 Civil Engineering Consultants, Inc. zoo' March 12 201aOF 3 2400 86th Street.Unit 12 . Des Moines,Iowa 50322 : JA E-7515,276.4884 . Fax:515.276.7084 . mail@ceclac.com JAG d