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HomeMy WebLinkAbout~Master - Easement from Roosevelt House, LLC r Instrument 0: 2019-05403 06/28/2019 09:58:07 AM Total Pages: 3 EASE EASEMENTS Recording Fee: 1 17.00 Stacie Herridge, Recorder, Story County Iowa mill ro, N 11111711111111 Iiillm I LIN W11I II 1 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,IA 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, Roosevelt House. LLC, an Iowa limited liability company (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. It is anticipated by Grantor and Grantee that Grantee will enter upon the Easement Area to check on the status of the Easement Area from time to time to maintain the area, as the Grantee deems appropriate,in the judgment of the Grantee. 2. CONSTRUCTION/RESTORATION. All work performed by Grantee, or the agents of Grantee, shall be completed in a good and workmanlike manner. Grantee shall restore the easement area to substantially the same condition as prior to construction of the Project, including, but not limited to replacement of all topsoil that is excavated or removed by Grantee during the duration of this Easement. 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. 3. 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. 4. 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 Schedules `°B" and "C" 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. 5. 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. 6. SUCCESSORS AND ASSIGNS. The easement rights granted herein shall be binding upon the heirs,successors and assigns of the Grantors. 7. 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 28� 2019. ROOSEVELT HOUSE,LLC ByaWl A6� GINA M. MCANDREWS,President STATE OF IOWA,COUNTY OF STORY,SS.: p� 0- This instrument was acknowledged before me on K0.4o ,2019,by Gina M.McAndrews,as president of Roosevelt House,LLC. R®Diu CLAQAUGH Notarial Seal-IOWA IOWA Corz,mission No. 41 63 .�, lI My Commission Expires NOTARY PUBLIC / 16/1V SCHEDULE `A'—Permanent Storm Sewer Easement Area A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 23, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT "A" SOUTHDALE 3RD ADDITION; THENCE S 890 50'31" W,200.76 FEET ALONG THE SOUTH LINE OF LOT"A" SOUTHDALE 3RD ADDITION TO THE POINT OF BEGINNING; THENCE S 19' 46' 31" W, 46.63 FEET ALONG THE EAST LINE OF LOT 60 SOUTHDALE 3RD ADDITION; THENCE S 490 46' 24" E, 239.64 FEET; THENCE N 400 I T 36" E, 30.00 FEET; THENCE S 49' 46' 24" E, 145.85 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23; THENCE N 00° 24' 07" W, 105.41 FEET ALONG THE EAST LINE OF SECTION 23; THENU'E N 49' 46' 24" W, 77.21 FEET;THENCE N 40' 13' 36" E, 30.00 FEET;THENCE N 490 46' 24" W, 142.71 FEET TO THE SOUTH LINE OF LOT "A" SOUTHDALE 3RD ADDITION; THENCE S 89' 50' 3 1" W, 148.65 FEET ALONG THE SOUTH LINE OF LOT "A" SOUTHDALE 3RD ADDITION TO THE POINT OF BEGINNING.[Tract contains 0.894 acres and is subject to all easements of record].