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Home My WebLink About~Master - Water Main Easement from CCRC of Ames - 3305 Stange Road ' Instrument 0: 2019-05339 06/27/2019 09:01 :39 AM Total Pages: 3 EASE EASEMENTS Recording Fee: $ 17.00 Stacie Herridge, Recorder, Story County Iowa I I I I All NULVII K,6:pF" V1I V[111M"1111111 SPACE ABOVE RESERVED FOR OFFICIAL USE Legal_description see P 3. _ Y1� / Return document to.City Cle►ic,515_Clark Avenue,Ames IA 50010 Document prepared by:Victoria A.Feilmeyer.City of Ames Legal Departrnent 515 Clark Ave.,Ames,LA 50010—515-239-5146 Water Main Easement Know All Persons: The undersigned, CCRC OF AMES, LLC, an Iowa limited liability company organized and existing under the law 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 situated in Story<> County, Iowa,as shown on the Easement Plat,and described as follows: For the use of a water main 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 water main 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: r 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 water main,except with the prior written consent of the Grantee. 2 Restoration. Immediately following construction, reconstruction, or repair work by the Grantee within the Easement Area, weather and season permitting, Grantee shall return the surface of 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 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. 4 Title Warranty. The Grantor warrants to the Grantee that the Grantor holds the Easement Area by title in fee simple; that the Grantor has good and lawful authority to grant the easement rights herein provided for. 2 5 Successors and Assigns. This Easement shall be binding on successors and assigns of the Grantor and the Grantee. 6 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. CCRC OF AMES L Dated 2019. y: T Gilbert ood, ager STATE OF kq n SCE S ,COUNTY OF J o A S n ►" ,SS.: This instrument was acknowledged before me on JL(n L l� , 2oi8, by Gilbert R. Wood, as Mana er,of CCRC OF AA ESS-1.I.C-- RACHEL L.BACKES Notary Public,State E Kansas t My Appoinppointment�16,2s NOVARy PUBL RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G,GRIMES, IA.50111,PH:369-4400 FAX:369-4410 EXHIBIT 'A' - EASEMENT PLAT WATER MAIN EASEMENT DESCRIPTION A PART OF LOT 2, BAPTIST ACRES SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ACQUISITION PLAT, BEING A PART OF SAID LOT 2, AS RECORDED IN BOOK 2017, PAGE 13025; THENCE NORTH 00'35'45" WEST ALONG THE EASTERLY LINE OF SAID ACQUISITION PLAT, 89.45 FEET; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE AND A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 59.00 FEET, WHOSE ARC LENGTH IS 19.69 FEET AND WHOSE CHORD BEARS NORTH 10'09'25" WEST, 19.60 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY CONTINUING ALONG SAID EASTERLY LINE AND A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 59.00 FEET, WHOSE ARC LENGTH IS 27.51 FEET AND WHOSE CHORD BEARS NORTH 33'04'29" WEST, 27.26 FEET; THENCE NORTH 00'18'37" EAST, 21.58 FEET; THENCE NORTH 89'41'23" WEST, 286.69 FEET; THENCE NORTH 44'27'13" EAST, 20.90 FEET; THENCE SOUTH 89'41'23" EAST, 272.14 FEET; THENCE NORTH 00'18'37" EAST, 18.67 FEET; THENCE SOUTH 89'41'23" EAST, 20.72 FEET; THENCE SOUTH 00'00'41" EAST, 8.68 FEET; THENCE NORTH 89'59'59" EAST, 173.27 FEET; THENCE SOUTH 00'00'01" EAST, 22.00 FEET; THENCE SOUTH 89'59'59" WEST, 15.00 FEET; THENCE NORTH 00'00'01" WEST, 7.00 FEET; THENCE SOUTH 89'59'59" WEST, 164.12 FEET; THENCE SOUTH 00'18'37" WEST, 54.29 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.18 ACRES (8,003 SQUARE FEET). S89041'23"E 20.72' WATER SO°00'01"E 22.00' N44°27'13"E 20.90' MAIN EASEMENT SO°00'41"E 8.68' NO°18'37"E 18.67' �S819041'23"E 272.14' N89°59'59"E 173.27' S89059'59"W 164.12' WATER N89°41'23"W 286.69' MAIN EASEMENT NO°00'01"W 7.00' NO°18'37"E 21.58' S89°59'59"W 15.00' =26°42'49" P\- SOO18'37"W 54.29' L=27.51' GQ rL�1� 5 LL=19.69'20" R=59.00' �D- R=59.00' CH=27.26' QG NO'35'45"W 89.45' CHBCH 1N10'09'25"W CHB=N33°04'29'W SE COR ACO PLAT POINT OF BK 2017 PG 13025 BEGINNING POINT OF COMMENCEMENT N OUTLOT XX W OUTLOT YY �01 L01 IL Z SOT LOT COS 19 21 W > 22 23 24 = Q U) ONAERSE� c) oAo AD 110 ON S ,SEC OENA Y SCALE 0' 40' 80' 160' FILE: M: 2016 1604220 OWG 1604220—EASE — WATER.DWG 1" = 80, FILE DATE; 5/15/19 DATE PLOTTED: 5/17/2019 8:13 AM PLOTTED BY: JOSH MACK[E: 1 PT. LOT 2 3405 SE CROSSROADS DRIVE,SUITE G /� BAPTIST ACRES SUB.,IOWA GRIMES,IOWA 50111 AMES 1604.220 EASEMENT PLAT CIVIL DESIGN ADVANTAGE PH:(515)369-4400 Fax:(515)369-4410