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Home My WebLink About~Master - Sanitary Sewer Easement from Gayland David Wierson, Ames East Industrial Sewer, Parcel 2 Instrument N: 2019-04394 06/04/2019 09:18:49 AM Total Pages: 8 EASE EASEMENTS Recording Fee: $ 42.00 Stacie Herridge, Recorder, Story County Iowa 1111 K NUL41 a 01k WiLML41 21111111 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: Gayland David Wierson,PO Box 2511,Ames, IA 50010-2511 RETURN TO (eAny) City Clerk City of Ames Iowa 515 Clark Avenue Ames IA 50010 (515)239-5105 Po B0111911 SANITARY SEWER EASEMENT KNOW ALL BY THESE PRESENT: That we, the undersigned, GAYLAND DAVID WIERSON, A SINGLE PERSON 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 10.00 foot wide public sanitary sewer easement in the NE1/4 NW1/4 and Parcel `H' of the NE1/4 NW1/4, an official parcel recorded in instrument #97-05176 at the Story County Recorder's Office, all in Section 7, Township 83 North, Range 23 West of the 5th P.M., City of Ames, Story County, Iowa that is more particularly described as follows: Commencing as a point of reference at the N1/4 corner of said Section 7; thence S00053'45'W, 84.33 feet along the East line of said NE1/4 NW1/4 to the NW corner of said Parcel 'H'; thence continuing S00052'45"W, 183.40 feet along said East line, said East line also coinciding with the West line of said Parcel `H' to the point of beginning; thence S89059'41"E, 51.67 feet to a point on the South line of said Parcel `H', said South line also being the North Right-of-way line of 566th Avenue as it is presently established; thence Southwesterly along a non-tangent curve to the left having a radius of 233.00 feet and a chord bearing S49°27'07"W, and arc length of 15.38 feet along said South line and said North right-of-way line to a point, thence N89°59'41"W, 213.91 feet to a point on the West right-of-way line of Interstate 1-35; thence N00031'58"W, 10.00 feet along said West right-of-way line to a point; thence S89°59'41"W, 174.02 feet to the point of beginning and containing 2,197 square feet more or less, 1 1 Pz, Said perpetual easement being more particularly described on the Sanitary Sewer Easement Exhibit attached as Pages 6=8 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 sanita sewer. 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. 2 1 0 <i (, 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 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 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. 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 3 1 Page 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. 41 IN WITNESS WHEREOF I have hereunto affixed my hands this day of 20 dayfAnd David Wierson STATE OF Iowa COUNTY OF Story��i : SS On this �� day of �e6r 20 before me the undersigned, a Notary Public in a d for the State of Iowa, personally Gayland David Wierson, a single person, 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.JENNINU Commission Number 776204 My Commission ota in and for the State of Iowa December 1$,2bZ1 5 1 P a tg <, PREPARED FOR: EXHIBIT 'A' CITY OF AMES PARCEL #1007200110 $ 1007100210 AMES CITY HALL SANITARY SEINER 515 GLARK AVE. AMES, IOWA 50010 P EASEMENT EXHIBIT PROPERTY OANER5: 6AYLAND D WIER50N PART OF NEI/4 NWI/4 $ PARCEL H PO BOX 2511 NWI/4 NEI/4, SECTION 07-83-25 AMES IA 50010-2511 L I NCOLN HIGHWAY, AMES, I OWA LEGAL DESCRIPTION: PROPERTY PARCEL 'H' OF THE NWI/4 NEI/4 OF SECTION 7, TOWNSHIP 83 NORTH, RANGE 23 WE5T OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA RECORD IN INSTRUMENT #q1-05176 $ CERTIFIED FIELD NOTES BOOK 14, PAGE 212 AT THE STORY COUNTY RECORDER'S OFFICE d ALL THAT PART OF NEI/4 NWI/4 OF SECTION 7, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA LYING SOUTH 4 WEST OF INTERSTATE 1-50 RIGHT-OF-WAY. LEGAL DESCRIPTION — PUBLIC SANITARY SEWER EASEMENT A 10.00 FOOT WIDE PUBLIC SANITARY 5EWER EASEMENT IN THE NEI/4 NWI/4 AND PARCEL 'H' OF THE NEI/4 NWI/4, AN OFFICIAL PARCEL RECORDED IN INSTRUMENT # q1-05176 AT THE STORY COUNTY REGORDER'5 OFFICE, ALL IN SECTION 7, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: GOMMENGIN6 AS A POINT OF REFERENCE AT THE NI/4 CORNER OF SAID SECTION 7;THENCE 500°53'45"W, 84.33 FEET ALONG THE EAST LINE OF SAID NEI/4 NWI/4 TO THE NW CORNER OF SAID PARCEL 'H'; THENCE GONTINUIN6 500°52'45"W, 183.40 FEET ALONG SAID EAST LINE, SAID EAST LINE AL50 GOINGIDIN6 WITH THE WE5T LINE OF SAID PARCEL 'H' TO THE POINT OF BEGINNING; THENCE S8q°5q'41"E, 51.67 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 'H', SAID SOUTH LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF 566TH AVENUE AS IT 15 PRESENTLY ESTABLISHED; THENCE SOUTHWESTERLY ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 233.00 FEET AND A CHORD BEARING 54cI'27'07"W, AN ARC, LENGTH OF 15.38 FEET ALONG SAID SOUTH LINE AND SAID NORTH RIGHT-OF-WAY LINE TO A POINT; THENCE NSq°5q'41"W, 213.G1 FEET TO A POINT ON THE WEST RI6HT-OF-WAY LINE OF INTERSTATE 1-35; THENCE NOO°31'58"W, 10.00 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT; THENCE 58q°5q'41"W, 174.02 FEET TO THE POINT OF BEGINNING AND GONTAININ6 2,Ig7 SQUARE FEET MORE OR LE55 CERTIFICATION NOTES I. THI5 PARCEL MAY BE SUBJECT TO I HEREBY CERTIFY THAT TH5 LAND SURVEYIN& EASEMENTS OF RECORD. NO TITLE WORK ``,` ,'•„•LAw'II DOWIIIEWr i4 WORK WP •FERFFORMED B"ME OR UNDM W NO THE TW DIRECT •• ' -AL SUP6Z 510:46 THAT I AM A DULY WAS PROVIDED OR PERFORMED BY THIS FERsa • r' LIGEN'iED PR^FE4551 •-,AL LAND A;%-/EYOR UNDER r i. SURVEYOR. g.'JEFFREY A.••: = LAI"OFT'.'- STa'�of Iona CADDIS March 12,2019 v �• p "A&ADDI5 1 WA l .L No.15551 DATE 18381 �7 W, L DAIE �, DECEMBER 51,2020 •• ,,� )0 �5HEET5 GC.`VERED BY THIS SEAL: q.nif lit ` 5HEET5 I -3 N O O LEGEND PROPOSED EASEMENT AREA I.P. IRON PIPE 3 PROPERTY LINES I.R. IRON ROD — — LOT LINES P.O.G. POINT OF COMMENCEMENT — — SEGTION LINES P.O.B. POINT OF BEGINNING o EASEMENT LINES INST.XXX COUNTY RECORDER INSTRUMENT - FOUND SECTION CORNER GFN COUNTY RECORDER CERTIFIED FIELD NOTES Q SET SECTION CORNER BK.XX,P6.XX COUNTY RECORDER BOOK d PAGE w (5/8" I.R.KsLUE GAP#weo M. MEASURED BEARING d DISTANCE FOUND PROPERTY CORNER w SET 5/a" I.R. W/BLUE GAP#18381 P. PREVIOUSLY RECORDED BEARING d DISTANCE FOUND RIGHT-OF-WAY RAIL D. DEED BEARING d DISTANCE ADDRESS ECEC5HEMT Civil Engineering Consultants, Inc. [OATE Mcmch I2 201q OF 5 2400 86th Street.Unit 12 . Des Moines,Iowa 50322 D BY: JAG d 515.276.4884 . Fax:515.276.7084 . mail@ceclac.com Y: JDS E-7881 od EXHIBIT 'A' PARCEL #1007200110 4 1007100210 SANITARY SEAER EASEMENT EXHIBIT PART OF NEI/4 NWI/4 4 PARCEL 'H' NWI/4 NEI/4, SECTION 07-83-23 LINCOLN HIGHWAY _ —AMFS, I OWA I � � I =ENE7C;0RNEFRZ X W4 CORNER - 3-2SEG.01 3 E. LINOOLN WAY 8 �I-II—N Y (a JR1 jNQ / AL sa�IT EASEFENT566TH AV I I LU LU z 3 I v o_ 0 I I I I g SW CORNER,Nyf4"54' m SEC.01-83-23 c o ECEC NORTH 0 Civil Engineering Consultants, Inc. 0 200 DATE: March 12 2019 3 w 2400 86th Street.Unit 12 . Des Moines,Iowa 50322 DESIGNED BY: JA6 515.276.4884 . Fax:515.276,7084 . mail@ceclac.com DRAWN BY: JOS E-�f881 0 EXHIBIT 'A' PARCEL #1001200110 4 100'7100210 SANITARY SEYeR EASEMENT EXH I B I T PART OF NEI/4 NWI/4 $ PARCEL 'H' E. LINCOLN WAY 4 NWI/4 NEI/4, 5ECTION 0-7-83-25 - - LINCOLN HIGHWAY (PUBLIC) } P.O.C. AME5, IOWA GUT'X' I NI'4 CORNER SEC.0-1-55-23 m I� FOUND N I.R.IN/YELLOW GAP I NW CORNER ` PARCEL 'H',NW4 NEY4 ` SEC.01-83-23 N 4, \�DK PUBLIC SANITARY .I.R. ARC FLOW GAP(BENT) SEWER EASEMENT �`�` SEC.0183--23) ,,o 2,Iq-1 SQUARE FEET 10.00'PUBLIC I 584105q'41"E �v SANITARY SE EASEMENT l^�R P.O.D. 51.6 1 i G�' i O 1'74.02' ti� fi m 8 DK 0 N8q°5q'41 O 215AI' m v�/ J� FOU NYELLOW GAP bIQ ROM.VARIES N SOUTH CORNER m PARCEL 'H',NNY4 NEY4 ' SEC.01-83-23 3 9 f 1 CURVE DATA h CURVE DELTA RADIU5 LENGTH TANGENT CHORD GH. BEARING Lo W ' G2 56°32'21" 255.00' 22cl.92' 125.30' 220.11' 560°00'51"W z ' 03 15°41'05" 233.00' 64.1cl' 32.30' 63.G9' 539°40'05"W 04 36*%51" 255.00' 150.23' 11.83' 1 141.64' 56G°4652"W C 3 Q ECEC NORTH 0 Civil Engineering Consultants, Inc. o' 20' 40' eo' 120. 0 March 12 2019 OF 3 w 2400 86th Street.Unit 12 . Des Moines,Iowa 50322 DESIGNED BY: JAG d 515.276.4884 . Fax:515.276.7084 . mail@ceclac.com DRAMA! BY: JDS E-7881 d I`