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Home My WebLink About~Master - Storm Sewer Easement from Apple Investments - Parcel D in Lots 6 and 7, South Gateway Development and Lot 2, South Gateway Development, Plat 2 Instrument p: 2019-07693 08/26/2019 08:42:17 AM Total Pages: 3 EASE EASEMENTS Recording Fee: $ 17.00 Stacie Herridge, ecorder, Story County Iowa I I I I V1 Al 0D,IiIC 1'�LI 11,Nil V I I JR11111111 S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E _................................--------.._.._._ __......__._...._........_..._......_........._._._..__........................_...—...._... ---_---........._-----........._____ _......_._. ._._...__.._...------ Return document to:City Clerk,515 Clark Avenue Ames IA 50010 Document prepared by:VictoriaA.Feihneyer.City ofAmes Legal Deparhment,515 Clark Ave.,Ames,IA 50010—515-239-5146 Storm Sewer Easement Know All Persons: The undersigned, Apple Investments, LLC, an Iowa limited liability company(hereinafter referred to as the"Grantor"), its successors and assigns,for valuable consider- ation, 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,up- on, across and under the Easement Area together with a perpetual right of ingress and egress be- tween said Easement Area from adjacent public rights-of-way. The Easement Area(s) are a strip of land situated in Story County,Iowa,shown on the attached Plat of Survey,and described as follows: For the use of a storm sewer system: The real property shown on Schedule W attached hereto and by this ref- erence 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.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 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 prevent damage to a permitted improvement of the Grantee located in the Easement area. 2 Restoration. Immediately 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,at Grantee's sole cost,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 ease- ment 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 ease- Easement P s? C 12 ment rights herein provided for; and that the Easement Area is free and clear of all liens and encumbrances. 5 Successors and Assigns. The easements rights granted under this instrument shall be bind- ing upon successors or assigns,or both,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. JUt�InZ itness Whereof the undersigned has executed this instrument on ,aoi9. APPLE INVESTMENTS,LLC BY.: � � 4�-' _ By: SIGNATURE SIGNATURE n NAME PRINTED NAME PRINTED TITLE OF AUTHORIZED SIGNER TITLE OF AUTHORIZED SIGNER ie�t q� 17c�11� STATE OF-I ,COUNTY OFSTBR-Y—,SS.: This instrument was acknowledged before me on `� 2� 2019, by '\ and [insert names] as G^ and [insert titles/offices], respectively, of Apple Investments,LLC. NOTARY PUBLIC 0�pR`'°�e WILLIAM EJOHNSON III _ Notary ID#4016111 v My Commission Expires " ." November 3, 2022 EASEMENT EXHIBIT LOCATION: PARCEL D IN LOTS 6&7,SOUTH GATEWAY DEVELOPMENT&LOT 2,SOUTH GATEWAY DEVELOPMENT,PLAT 2,CITY OF AMES,STORY COUNTY,IOWA PROPRIETOR: APPLE INVESTMENTS,LLC REQUESTED BY: SCOTT RENAUD SURVEYOR: R.BRAD LEY STUMBO,PLS#17161 FOX ENGINEERING ASSOCIATES,INC. AMES,IA 50010 515-233-0000 ._ __._......................... i I S7r; 1 t I .:. ................. ?G L S, N51'45'28"E 52.31' N48'41'34'E STORM SEWER 83.75' EASEMENT 7644.92 S.F. ISAAC NEWTON DRIVE .::::f`s N37"22'35"E 154.40' ... zo 1 . .:::i...... N57'23'30"E 77.20' 0 o+L S87'32'20"E a' 14.47' SW CORNER E PARCEL D I Survey Description-Storm Sewer Easement: A strip 20.00 feet in width across Parcel D in Lots 6 and 7 of South Gateway Development and Lot 2 of South Gateway Development,Plat 2,City of Ames,Story County,Iowa,being situated 10.00 feet on each side of the following centerline:Beginning at a point on the southwesterly line of said Parcel D which is 90.49 feet northerly of the Southwest Corner thereof,as measured along the arc of said line;thence S87°32'20"E,14.47 feet;thence N57°23'30"E, 77.20 feet;thence N37°22'35"E,154.40 feet;thence N48°41'34"E,83.75 feet;thence N51°45'28"E,52.31 feet,and there terminating. N 0 100, 200' certifyI hereby prepared byme that I under my direct personal supervision �LEYIIST , and that I am a duly licensed Professional Land \.��lp,.•• ��jR9 , Surveyor under the laws of the State of Iowa. ;�. GENSFO•. O ngineering let Z FOX Engineering Associates,Inc. �� r A 1 O 414 South 17th Street,Suite 107 '• Ames,Iowa 50010 R. BRADLEY STUMB , PLS DATE ems. A00, ',<v Phone:(515)233-0000 License number 1-pi i,/ON•••.•..•• FAX: (515)233-0103 My license renewal date is December 31, 2019. /�i�V4L IAN01\\\�� JOB#5225-19A DATE:7/10/19 PAGE 1 OF 1