HomeMy WebLinkAbout~Master - Storm Sewer and Access Easement from Roosevelt House, LLC Instrument 0: 2019-05402
06/28/2019 09:58:07 AM Total Pages: 3
EASE EASEMENTS
Recording Fee: 17.00
Stacie Herridge, Lcorder , Story County Iowa
I I I I h"iI FJP.0'�0 K1:1N,14LW1 W,1111111
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
(ell) 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.
For permanent access to and from the permanent storm sewer easement established herein: The
real property shown on Schedule"B"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
to maintain the channel,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"C" and"D" 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 warrant to the Grantee that the Grantors hold the Easement Area b title
. The Grantors war a t Y
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 �/1��'// ,2019.
ROOSEVELT HOUSE, LLC
By.
GINA M. MCANDREWS, President
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on 2019,by Gina M.McAndrews,as
president of Roosevelt House,LLC.
ROWN CLADAUGH
Notarial Seal-IOWA
16W� Commission N 7 1 3 _
My Commission Expires NOTARY PUBLIC
SCHEDULE 'A'—Permanent Storm Sewer Easement Area
A TRACT OF LAND LOCATED IN THE WEST HALF OF THE NORTHWEST QUARTER OF
SECTION 24,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY,
IOWA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 24,T83N, R24W;
THENCE N 890 44' 51" E, 101.43 FEET ALONG THE SOUTH LINE OF THE NW 1/4 TO THE
POINT OF BEGINNING;THENCE N 89'44' 51" E, 168.61 FEET ALONG THE SOUTH LINE OF
THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 24;THENCE N 00' 23'
49" W,61.35 FEET;THENCE S 890 36' 11" W,96.60 FEET;THENCE N 08'38'47" W, 310.26 FEET;
THENCE 136.38 FEET ALONG A 190.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY,
LONG CHORD BEARS N 29' 12'36" W;THENCE N 49'46'24" W, 85.16 FEET TO THE WEST
LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 24;THENCE S