HomeMy WebLinkAbout~Master - Storm Sewer Easement from Ames Community School District Instrument N: 2019-05401
06/28/2019 09:58:07 AM Total Pages: 4
EASE EASEMENTS
Recording Fee: $ 22.00
Stacie Herridge, Recorder, Story County Iowa
hY'� PEI K11,FINJIMMKI W11111111
SPACE ABOVE RESERVED FOR OFFICIAL USE
Legal description:Seepage 3.
cc Return document to:City Clerk 515 C1arkAveiiue,Ames IA50010
Documentprepared by:Victoria A.Feilmeyer,City of Ames legal Depvtrrxwu,515 Clark Avenue,Ames IA 50010
Storm Sewer Easement
Know All Persons: The undersigned, Ames Commcrnity Srhaol District, a school
corporation organized and existing under the laws of the State of Iowa (hereinafter referred to as
the "Grantor"), for valuable consideration, 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 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 belonging to the Grantor situated in Story County,Iowa,as shown on
the Easement Plat,and described as follows:
For the use of a Surface Flow and Storm Sewer system over,upon,across,in,and through:
The real property shown on Schedule "A'attached hereto and by this
reference made a part hereof.
Grantee shall have the right within the Easement Area to construct,reconstruct,cover over,clean
up, operate, use, maintain, and repair the systems described. Grantee shall have the right to enter upon
sufficient land adjacent to said Surface Flow and Storm Sewer Easement Area for the purpose of
exercising the rights and privileges herein. The foregoing rights are granted by the Grantor and shall be
accepted and exercised by the Grantee,if at all, subject to the following terms and conditions:
i Obstructions Prohibited. The Grantor,as the fee simple owner 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 that may interfere with the use, operation,
maintenance, repair and replacement of the Storm Sewer, except with the prior written consent of
the Grantee.
a Restoration. Immediately following construction, reconstruction, or repair work by the
Grantee within the Easement Area, weather and season permitting, ground area with previously
existing grass cover that is disturbed by such work shall be planted with grass seed in
accordance with customary methods of soil preparation and planting by the Grantee.
3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee
are nonexclusive. This instrument shall not preclude the Grantor 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.
q Successors and Assigns.This Easement shall be binding on successors and assigns of the Grantor and
Grantee.
5 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.
AMES COMMUNITY SCHOOL DISTRICT
� r-
Alisa Frandse .ident Christine Stensland,Secretary
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on OL 1 1eZU/ 2oi9, by Alisa Frandsen and
Christine Stensland, as President and Secretary, respectively, of the Board of Directors of the Ames Community
School District.
001
U' s IAl A_ri.�A I �19L/a A
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NOTARY PUBLIC
44 CAROL HUNDERTMARK
�F Commission Number 763529
My Commission Expires
°'" JMV-- 17. 7019
LEGAL DESCRIPTION(EASEMENT AREA)-EXHIBIT`A'
PERMANENT STORM SEWER EASEMENT DESCRIPTION:
THAT PORTION OF PARCEL C,BEING SITUATED IN THE NORTHEAST QUARTER OF SECTION 23 AND THE
NORTHWEST QUARTER OF SECTION 24,ALL IN TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.,
CITY OF AMES,STORY COUNTY, IOWA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL"C",THENCE N 89°48'48" E,85.84 FEET ALONG
THE SOUTH LINE OF SAID PARCEL"C";THENCE N 42"19'04"W,79.99 FEET;THENCE S 28" 17'41"W,67.49
FEET ALONG THE WESTERLY LINE OF SAID PARCEL"C"TO THE POINT OF BEGINNING.
Tract contains 0.058 acres and is subject to all easements of record.
[ SUCCESSIVE PAGES RESERVED FOR EASEMENT PLAT ]