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Home My WebLink About~Master - Storm Sewer Easement and Permanent Easement from Evan Kent Cooper and Joan CooperI Return to: (env) Ames City Clerk Instrument N: 2019-05338 06/27/2019 09:01:39 AM Total Pages: 6 Box 811 EASE EASEMENTS Recording Fee 1 32.00 Ames IA 50010 Stacie Herridge, Recorder, Story County Iowa 1111 V11 11111mA lfillit',W110VIN PUBLIC STORM SEWER EASEMENT Recorder's Cover Sheet Prepared By and Return To: A & R Land Services, Inc. 1609 Golden Aspen Dr., Ste. 104 Ames, IA 50010 (515) 337-1197 Parcel 11 Grantor: Evan Kent Cooper a/k/a E. Kent Cooper and Joan E. Cooper, husband and wife Grantee: City of Ames, Iowa 1 1 =' - STORM SEWER EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS that the undersigned, Evan Kent Cooper a/k/a E. Kent Cooper and Joan E. Cooper, husband and wife (hereinafter referred to as the "Grantor"), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF AMES, IOWA, a municipal corporation (hereinafter referred to as "the City"), a permanent and perpetual easement (hereinafter referred to as "Easement" or"Easement(s)") and right-of- way upon, over, under, through and across the real property legally described as: Part of Outlot A, Cooper's Third Subdivision, City of Ames, Story County, Iowa, and more particularly described on Pages 5 and 6 attached hereto. (hereinafter referred to as the "Easement Area") for the purpose of locating storm sewer(s) (hereinafter referred to as "sewer(s)") and to permit and allow the City to enter at any time upon, over, under, through, and across into the Easement Area herein described to use as much of the surface and sub-surface thereof to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair (including the right to place and build additional sewer(s) therein or to connect and/or join sewer(s) and appurtenances thereto) and to forever maintain sewer(s) whenever necessary within the Easement Area. This Easement shall be subject to the following terms and conditions: 1. Erection of Structures Prohibited. Grantor and its successors and assigns shall not erect any structure, building, or fence over or within the Easement Area without obtaining prior written consent of the City. 2. Maintenance. After the initial construction of the sewer(s), and acceptance by the City, the City agrees, as part of the reconstruction, maintenance and patrolling of the Main(s), to restore and replace the Easement Area to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor, except the City shall not be required to replace landscaping, trees, shrubs, bushes, landscape elements, structures, or underground water systems nor shall the City be required to restore the Easement Area by reason of settlement, depression, or any unknown conditions which arise subsequent to the restoration and/or replacing of the Easement Area. Any subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor's sole expense. 3. Change in Grade Prohibited. Grantor and its successors and assigns shall not change the grade elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 21Page 4. Right of Access. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5. Hold Harmless. Grantor, subsequent property owners, their successors and assigns agree to indemnify and hold harmless the City, its elected officials, employees, officers, agents, representatives, contractors, and attorneys from and against any and all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind for actions or omissions of the Grantor arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6. Easement Runs With Land. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's heirs, successors and assigns. 7. Jurisdiction and Venue. The City and the Grantor agree the District Court in and for the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County, Iowa. 8. Attorney's Fees. The City may enforce this Easement by appropriate action, and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incurred in such litigation. Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real estate described in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful authority to convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the claims of all persons whomsoever. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. 31 Signed this47 day of , 20/ GRANTOR CITY OF AMES Kent .00per a/k/a E. Kent Cooper John A. Haila, Mayor Attest: o E. Cooper 1 /' Diane Voss, City Clerk STATE OF IOWA ) ) SS COUNTY OF STORY ) This record was acknowledged before me this day of t4 LZI , 20a by Kent Cooper a/k/a E. Kent Cooper and Joan E. Cooper,husband and Gife. BRIAN TORRESI Signature of Notary Public =° PCommission Number 742380 My i ires STATE OF IOWA ) ) SS COUNTY OF STORY ) On this It day of 20A, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared John A. Haila and Diane Voss, to me personally known, who being by me duly sworn, did say that they are the Mayor and Cites of the City of Ames, Iowa, a municipal corporation, executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Ames, by it and by them voluntarily executed. B CJC Y No Pub ' in and for the State of Iowa AMY L.COLWELL gL Commission Numbsr38 Expirft ow � 41 , INDEX LEGEND LOCATION S GRAND AVE REQUESTOR CITY OF AMES,IA PROPRIETOR E KENT&JOAN E,COOPER SURVEYOR MURRAY BERTING SURVEY SHIVE•HATTERY COMPANY 4125 Westown Pkwy,Sufte 100,West Des Manes,Iowa 50266 RETURN TO ABOVE SURVEY COMPANY PERMANENT EASEMENT ACQUISITION PLAT PARCEL 011-2P i THIS SPACE RESERVED FOR RECORDER'S USE Go EIS�N I LOT 2 LOT 1 I Sv�O\LOT 011 CO PE OUTLOT A SE COR LOT 11, COOPERS SECOND COOPERS THIRD OOp 3657 SQ.FT, SUBDIVISION, FD 1/2"IRON ROD uJ SUBDIVISION FD 1" C' 3 868.69 5"E 0.084 ACRES WITH YELLOW CAP#6586 P.O.C. - IRON PIPE N 08°36'35"E N 43.84' S 08°36'35"W o6 54.87' OUTLOT A ;"� 00 S 89°43'34"W P.O.B. o _ 327.94' L=423.22' R=1962.50' - S 89°43'34"W L=57.10' BRG=N 88°34'16" W CH=422.40' 9.65' R=1962.50' N 00°37'23"W BRG=N 81°33'34"W CH=57.10' 12.86' ------------- I OUTLOT A Sv80\�\$\ON oop � I G LEGEND: MONUMENT FOUND AS NOTED • PROPOSED MONUMENT O SECTION LINE — EXISTING ROW LINE PREVIOUS — — PROPOSED ROW LINE EASEMENT LINE LOT LINES _ 0 50 100 200 ACQUISITION AREA U 4 SCALE IN FEET POINT-OF-BEGINNING POB POINT OF COMMENCEMENT POC n I IFY HEREBY CERT THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WYJItl(WAS PERFORMED \_pND.S` BY ME OR UNDER��Gti THE Y IOWA. MY DNlECT PERSON�RSUPER THE LAWS AT LAWS OF c ';` MURRAY B o A DATE BERTING NAME: MURRAY B. BERTING 31 LICENSE NUMBER: 13148 CLIENT: CITY OF AMES, IOWA MY LICENSE RENEWAL DATE IS DECEMBER 31.201" 515 CLARK AVE •. PACES'SHEETS OR DIVISIONS COVERED BY THIS SEAL: ALL SHEETS AMES, IA 50010 •••/OWN q 515-239-5101 IVEHATTr ACQUISITION PLAT PROJECT NO. PARCEL 011-2P 4165730 4 S.GRAND AVENUE AND S.STH STREET EXTENSION a A R C H I T I- C r U R E: °+` E N G I N E E R I N G AMES IOWA aDATE 0 411 7/2 01 8 SCALE SHEET NO. 4125 Westown Pkwy,Suite 100 1 West Des Moines,Iowa 50266 PRAWN JWW FIELD BOOK 515,223,81041 fax:515.223.0622 1 www.shive-hattery.com APPROVED MBB REVISION 1 OF 2 Iowa I Illinois I Indiana PERMANENT EASEMENT ACQUISITION PLAT PARCEL 011-2P PERMANENT EASEMENT LEGAL DESCRIPTION: PARCEL 011-2P OUTLOT A COOPERS THIRD SUBDIVISION PART OF OUTLOT A, COOPERS THIRD SUBDIVISION NOW IN AND FORMING A PART OF THE CITY OF AMES, STORY COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 11 IN COOPERS SECOND SUBDIVISION NOW IN AND FORMING A PART OF THE CITY OF AMES,STORY COUNTY, IOWA; THENCE SOUTH 00039'05"EAST,ALONG THE EAST LINE OF SAID OUTLOT A, FOR A DISTANCE OF 138.82 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH WITH A RADIUS OF 1962.50 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 423.22 FEET, SAID CURVE HAS A CHORD BEARING OF NORTH 88034'16"WEST AND A CHORD DISTANCE OF 422.40 FEET TO THE POINT-OF-BEGINNING AND THE BEGINNING OF A CURVE CONCAVE TO THE NORTH WITH A RADIUS OF 1962.50 FEET; THENCE ALONG SAID CURVE A DISTANCE OF 57.10 FEET, SAID CURVE HAS A CHORD BEARING OF NORTH 81033'34"WEST AND A CHORD DISTANCE OF 57.10 FEET TO A POINT ON THE WEST LINE OF SAID OUTLOT A; THENCE NORTH 00037'23"WEST,ALONG THE WEST LINE OF SAID OUTLOT A, FOR A DISTANCE OF 12.86 FEET TO THE CORNER OF SAID OUTLOT A; THENCE SOUTH 89043'34"WEST,ALONG THE SOUTH LINE OF SAID OUTLOT A, FOR A DISTANCE OF 9.65 FEET; THENCE NORTH 08036-35"EAST, FOR A DISTANCE OF 43.84 FEET; THENCE SOUTH 81023-25"EAST, FOR A DISTANCE OF 68.69 FEET; THENCE SOUTH 08036'35"WEST, FOR A DISTANCE OF 54.87 FEET TO THE s POINT-OF-BEGINNING. CONTAINING 3,657 SQ. FT. (0.084 ACRES) R C� CLIENT: CITY OF AMES, IOWA 515 CLARK AVE AMES, IA 50010 w 515-239-5101 Ry s � '��_ Ig k ACQUISITION PLAT PROJECT NO. f PARCEL 011-2P 4165730 S.GRAND AVENUE AND S.5TH STREET EXTENSION 0. A R C 1-1 1 T E C T U R E + E N G I N F. E Iy I N G AMES,IOWA IL DATE 04N712018 SCALE SHEET NO. 4125 Westown Pkwy,Suite 100 1 West Des Moines, Iowa 50266 DRAWN Jww FIELD BOOK LL 515.223.8104 1 fax:515.223.0622 1 www.shive-hattery.com 2 OF 2 Iowa I Illinois I Indiana APPROVED Mee REVISION