The URL can be used to link to this page

Home My WebLink About~Master - Easement from Gregory Larson and Annette Larson, part of Lot A, Southdale 3rd Addition } Instrument 0: 2019-05404 06/28/2019 09:58:07 AM Total Pages. 4 EASE EASEMENTS Recording Fee: $ 22.00 Stacie Herridge, Recorder, Story County Iowa DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Victoria A.Feilmeyer,City of Ames Legal Department,515 Clark Avenue,Ames,1A 50010;Ph.:515-239-5146 Return document to: City Clerk,City of Ames,515 Clark Avenue,Ames,IA 50010 PERMANENT & TEMPORARY CONSTRUCTION EASEMENT KNow ALL PERSONS: The undersigned,Gregory B. Larson and Annette R. Larson,husband and wife, (hereinafter referred to as the"Grantors"), for valuable consideration the sufficiency of which is acknowledged and accepted,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 to construct,reconstruct,cover over, clean up, operate,use,maintain, and repair the systems described 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 situated in Story County, Iowa, as shown on the attached Acquisition Plat, and described as follows: For use of a storm sewer system: The real property shown on Schedule"A"attached hereto and by this reference made a part hereof. The foregoing rights are granted by the Grantors and shall be accepted and exercised by the Grantee, including Grantee's subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. The Grantors,as the fee simple owners 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 or any trees, shrubs or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee. The Grantee shall have the right to trim or remove trees and shrubs within the Easement Area as Grantee requires. Grantors shall not change grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the Grantee. 2. MAINTENANCE. Grantee must, at Grantee's sole cost and expense, maintain the storm sewer system in good repair so that no unreasonable damage will result from its use to the adjacent land of Grantor, its successors or assigns. 3. RESTORATION. Following construction,reconstruction or repair work by the Grantee within the Easement Area,weather and season permitting, Grantee shall return the Easement Area to its condition prior to said work, in a manner consistent with City standards. In exercising any of the rights granted herein, Grantee will not,except as may be necessary to fulfill the purpose of the stone sewer system,unreasonably interfere with the normal use of the Easement Area or adjacent land of Grantors and will,at its sole cost and expense and with diligence, to the extent reasonably practical, restore the Easement Area to its condition immediately prior to the exercise of any of the rights granted herein including, but not limited to, the replacement of any grass, landscaping,paving or other improvement that existed within the Easement Area prior to Grantee's use. 4. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantors 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. 5. TEMPORARY CONSTRUCTION EASEMENT. In addition to the permanent easement granted herein, during the initial construction of the improvements that Grantee is authorized to make within the Easement Area under this Agreement, Grantee shall have the right, as reasonably necessary for construction purposes, to temporarily encroach upon land of Grantors as shown on the Acquisition Plat attached hereto, and legally described in Schedule `B" attached hereto. Grantee agrees that the temporary easement rights granted shall terminate upon the City's completion of the storm sewer system contemplated herein, or one year from the date of this easement,whichever is sooner. 6. DUE CARE. Grantee will use due care in any use of the Easement Area and in the construction, installation, repair,replacement and maintenance of the storm sewer system so as to not unreasonably disturb the use by Grantors of their property. Grantee will hold Grantor and Grantor's successors and assigns harmless as to any injury or damage arising out of Grantee's use of the Easement Area. 7. TITLE WARRANTY. The Grantors warrant to the Grantee that the Grantors hold the Easement Area by title in fee simple;that the Grantors have good and lawful authority to grant the easement rights herein provided for. 8. SUCCESSORS AND ASSIGNS. The easement rights granted herein shall be binding upon the heirs, successors and assigns of the Grantors. 9. 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. IN WITNESS WHEREOF the undersigned has executed this instrument on 2019. *G ;rB.�LARSON �\ ANNETTE R. LAR N SON STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on TGf h C? ,2019,by Gregory B.Larson and Annette R.Larson. E o Dmm 65 65925 T" — NOTARY PUBLIC SCHEDULE `A'—Permanent Storm Sewer Easement Area THAT PORTION OF LOT "A", SOUTHDALE 3RD ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE THE SOUTHWEST CORNER OF SAID LOT"A";THENCE N 71' IT 21"W, 102.83 FEET;THENCE N 57'55'31"W,460.68 FEET ALONG THE WESTERLY LINE OF SAID LOT "A"; THENCE N 57°45'23" W 38.10 FEET TO THE NORTH LINE OF SAID LOT "A"; THENCE N 89'48'48" E, 149.82 FEET; THENCE S 57' 54' 44" E, 561.25 FEET TO THE SOUTH LINE OF SAID LOT "A'; THENCE S 89' 50' 31" W, 105.35 FEET TO THE POINT OF BEGINNING. [Tract contains 1.014 acres and is subject to all easements of record]. SCHEDULE `B'—Temporary Construction Easement Description THAT PORTION OF LOT "A", SOUTHDALE 3RD ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT "A", THENCE S 89" 50' 31" W, 36.68 FEET ALONG THE SOUTH LINE OF SAID LOT"A"TO THE POINT OF BEGINNING; THENCE N 49°46'24" W,42.51 FEET;THENCE N 57'30' 16" W, 504.02 FEET TO THE NORTH LINE OF SAID LOT "A'; THENCES 89' 48' 48" W, 76.67 FEET ON THE NORTH LINE OF SAID LOT "A"; THENCE S 57' 54' 44" E, 561.25 FEET TO THE SOUTH LINE OF SAID LOT"A"; THENCE N 890 50'31"E,58.73 FEET TO THE POINT OF BEGINNING. [Tract contains 0.499 acres and is subject to all easements of record]. i