HomeMy WebLinkAbout~Master - Public Drain Tile Easement from Kum & Go - Bricktowne Ames - 3111 South Duff Instr. Number: 2021-08872
Recorded: 7/9/2021 at 3:07:51.0 PM
County Recording Fee: $57.00
Iowa E-Filing Fee: $3.00
Combined Fee: $60.00
Stacie L. Herridge - Recorder
Transfer Tax:
Story County, Iowa
PUBLIC DRAIN TILE EASEMENT
Recorder's Cover Sheet
Preparer Information: (name,address and phone number)
Joel Huston
1459 Grand Ave.
Des Moines,IA 50309
Phone: 515-457-6222
Return Document To: (name and complete address)
City of Ames,Iowa
515 Clark Avenue
Ames,IA 50010
Grantors: MNB KNG,LLC(f/k/a IPE1031 REV338,LLC);JCB KNG,LLC(f/k/a
IPE1031 REV322,LLC);Jordan C. Bose;and Madison N. Bose
Grantee: City of Ames,Iowa
PUBLIC DRAIN TILE EASEMENTS)
KNOW TO ALL PERSONS BY THESE PRESENTS:
1. Grant of Easement(s).
The undersigned, MNG KNG, LLC, an Iowa limited liability company (formerly
nown as IPE1031 REV338, LLC); JCB KNG, LLC, an Iowa limited liability company
(formerly known as IPE1031 REV322, LLC); JORDAN C. BOSE; and MADISON N.
BOSE(hereinafter collectively 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 non-exclusive Public Utility Easement (hereinafter referred to
as"Easement(s)")and right-of-way upon,over,under,through and across the real property
legally described as:
See Exhibit A,attached hereto and made a part hereof.
2. Use and Purpose of Easement(s).
This Easement shall be granted for the purpose of locating underground storm water
drain tile,defined as those drain file improvements established,formed,acquired,owned,
or operated by the City of Ames,and to permit and allow the City to enter at any time upon,
over,under,through, and across into said Easement(s)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 said drain file
improvements therein or to connect and/or join said improvements and appurtenances
thereto) and to forever maintain drain tile whenever necessary within the Easements)
granted herein. After the date of this Easement, no structure or building of any kind
whatsoever shall be erected upon property that is the subject of this Easement without the
express written consent of the City.
3. Maintenance.
The City agrees, after entry, as part of the construction, reconstruction,
maintenance, replacement, location, rebuilding, enlargement, repair and patrolling of the
utilities,to restore and replace the Easement area(s)to substantially the same condition as
prior to the time of entry or as agreed upon by the City and the Grantor(s), including
sodding or seeding if it is a landscaped area and the City shall be required to repave if the
Easement crosses a paved area such as a sidewalk or a driveway,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;and 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.
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.
The Grantor agrees 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. Running of Benefits and Burdens.
The terms and conditions of this Easement are binding upon the Grantor including,
but not limited to, future owners,developers,lessees or occupants. All provisions of this
instrument including benefits and burdens,run with the land are binding upon and inure to
the heirs assigns,successors,tenants and personal representatives of the parties hereto.
7. Jurisdiction and Venue.
The City and the Grantor agree the District Court of 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.
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8. Words and Phrases.
Words and phrases shall be construed as in the singular or plural number, and as
masculine,feminine or neuter gender,according to context.
9. Parties. I
1
The term "City" as used herein shall refer to the City of Ames, Iowa, its elected
officials, agents, employees, officers,and contractors. The term "Grantor', shall refer to
MNG KNG,LLC,an lowa limited liability company(formerly nown as IPE1031 REV338,
LLC); JCB KNG, LLC, an Iowa limited liability company (formerly known as IPE1031
REV322,LLC);JORDAN C.BOSE;and MADISON N.BOSE,collectively,together with
thee`respective heirs,assigns,successors-in-interest,or lessees,if any.
10. Attorney's Fees.
The City may enforce this instrument by appropriate action,and should they prevail
in such litigation they shall recover as part of their costs the reasonable atorney's fees
incurred in such litigation.
11. Inte rag tion.
This Agreement shall constitute the entire Agreement between the parties and no
amendments or additions to this Agreement shall be binding unless in writing and signed
by both parties.
12. Paragraph Headings.
The paragraph headings in this Agreement are included solely for convenience and
shall not affect or be used in connection with,the interpretation of this Agreement.
Grantor does HEREBY COVENANT with the City that(i) Grantor Molds 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.
Each f the undersigned hereby relinquishes all rights of dower, homestead and
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distributive share,if any, in and to the interests conveyed by this Easement.
Words and phrases herein,including acknowledgment hereof,sha11 be-construed as
in the singular or plural number, and as masculine or feminine gender, according to the
context.
LL
Signed effective this ay of �'��� ,2021.
SIGNATURES APPEAR ON FOLLOWING PAGES
.4
SIGNATURE PAGE TO PUBLIC DRAIN TILE EASLMENTI
ACCEPTED ON BEHALF OF
THE 44TY OF AMES1
John Haila,Mayor i
Attest:
Diane Voss,City Clerk
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SIGNATURE PAGE TO PUBLIC DRAIN TILE EASEMENT
MNB KNG,LLC,an Iowa limited liability
compan a IPE1031 REV338,LLC)
By:
Doug Thomas,MhWer
STATE OF CALIFORNIA )
) SS
COUNTY OF )
On this day of ,20 , before me, the undersigned,
.a Notary Public in and for said County and the State of California, personally appeared
Doug Thomas, to me personally known, who being by me duly sworn,did say that he is
the Manager of MNB KNG, LLC, executing the within and foregoing instrument and
acknowledged that he executed the same as his voluntary act and deed of MNB KNG,LLC,
an Iowa limited liability company.
Notary Public in&for the State of California
JCB KNG,LLC,an Iowa limited liability
compan f/k/a IPE1031 V322, LLC)
t.
By:
Doug Thomas,M a er
STATE OF California )
) SS
COUNTY OF )
On this day of , 20 ,before me,the undersigned,
a Notary Public in and for said County and the State of California, personally appeared
Doug Thomas, to me personally known, who being by me duly sworn, did say that he is
the Manager of JCB KNG, LLC, executing the within and foregoing instrument and
acknowledged that he executed the same.as his voluntary act and deed of JCB KNG,LLC,
an Iowa limited liability company.
Notary Public in&for the State of California
-6- See Attached Document G�
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT JIVIL CODE§ 1.189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State,of California 1
County of or-o nqR_ )}
On (O'1 -2a3t before me, UG�av W RI intVa J e PA'ay (16%
Date Here Insert Nome and Title of the Ofrcer
personally appeared �ovy 'r4.uNtkS i
Nome(s)of Signer(e
who proved to me on the basis of satisfactory evidence to be the person(4 whose name ?Wl are subscribed
to the within Instrument and acknowledged to me that&/she/they executed the same In I /her/their
authorized capacityQet),and that by •U /her/their signature(i'on the Instrument the person'),or the entity
upon behalf of which the person(Wacted,executed the instrument.
I certify under PENALTY OF PERJU Y under the
laws of the State of California that thle foregoing
OCTAVJ5 95ERO JR
�
COMM. 2290137 [� paragraph Is true and correct.
�! NVAAY PUtiI"AUIVI&A y WITNESS my hand and official seal.
!n ORANGE COURV
My Term EV.May 2M
j
Signature e-
Place Notary Seal and/or Stomp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of.the document or
fraudulent reattachment of this form to on unintended document
Description of Attached Document
Title or Type of Document:
Document Date: Numberof Pages:
Signers) Other than Named Above:
Capacity(ios)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer—Title(s): O Corporate Officer—Title(s)i
❑ Partner— O Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney In Fact ❑ Individual ❑ Attorney n Fad
O Trustee ❑ Guardian of Conservator O Trustee ❑ Guardian df Conservator
❑Other: ❑ Other.
Signer is Representing: Signer Is Representing:
_020T7 Natrorial Notary Assoclation
• � v
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C I IVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California 1
County of Q CQjA`, Jj
On ` -�i-7s,?1 before me, Guluv�o 9,,,hcrt Sr 1., A
Ti leof th Officer
1�� .
Date Here insert Name and i
personally appeared �uU,) 1Aku —
NoffieMe(sJ of Signer(sf' I
who proved to me on the basis of satisfactory evidence to be the person(sl'whose name(s)tare subscribed
to the within instrument and acknowledged to me that ie she/they executed the same In t&I /her/their
authorized capacity(jet), and that by it /her/their signature(s)on the instrument the persona),or the entity
upon behalf of which the person.W acted,executed the instrument.
I certify under PENALTY OF PERJUR under the
OCTAM ROMERO JR laws of the State of California that thie foregoing
COMM..2290137 paragraph is true and correct.
NOTARY PUBUGCALIFORN A
m OPANNO MY 6d WITNESS my hand and official seal.
My Term Exp.May 26,2023
Signature Uk,
Place Notary Seal and/or Stamp Above Signature of Notoly Public
OPTIONAL
Completing this infdrmation can deter alteration of the document or
fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document:
a Number of Page:
Document Dte:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(sj
Signer's Name: Signer's Name:
❑Corporate Officer-Title(s): ❑Corporate Officer-Title(s).
❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General I
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney n Fact
❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator
❑Other: ❑ Other. i
Signer is Representing: Signer Is Representing: I
i
02017 Natiorial Notary Association
SIGNATURE PAGE TO PUBLIC DRAIN TILE EASEMENT
Jord . Bose
STATE OF IOWA )
COUNTY OFrR j SS
On this day of Jyre- ,20.2:L,before me,the undersigned,
a Notary Public in and for said County and the State of Iowa,personally appeared Jordan
C.Bose,to me personally known,who being by me duly sworn,did say that he is executing
the within and foregoing instrument and act hat he executed the same as his
voluntary act and deed. ---��
N Public in and for the State of Iowa
JOEL D HUSTON
i ,00- Commission Number 733209
My m t n pireZs
ll
Cheryl Bose, 407tonservator of the
ConservatorshV of Madison N.Bose
STATE OF IOWA )
!�
COUNTY OF'F ) SS
On this 1�ay of Vyvc,e , 20_ before me,the undersigned,
a Notary Public in and for said County and the State of Iowa,personally appeared Cheryl
Bose, Co-Conservator of the Conservatorship of Madison N. Bose, to me personally
known,who being by me duly sworn,did say that he is executing the within and foregoing
instrument and acknowledged that he executed Pin
oluntary act and deed.
4rw c 10EL D HUSTON No ubd for�theState of Iowa
°s � Commission Number 73=9
0
;od
an C. - onservator of the
Conservatorship of Madison N. Bose
STATE OF IOWA )
COUNTY OF SS
On this/Aay of d064— , 20 Z( ,before me,the undersigned,
a Notary Public in and for said County and the State of Iowa,personally appeared Jordan
C. Bose, Co-Conservator of the Conservatorship of Madison N. Bose, to me personally
known,who being by me duly sworn,did say that he is executing the within and foregoing
instrument and acknowledged that he executed thepeuasoluntary act and deed.
�.�" rJOEL D HUSTON Nod for the State of Iowa
c COmmIS31on Number 7=9
s Corpq�won I
EXHIBIT A
LEGAL DESCRIPTION
RETURN TO CIVIL DESIGN ADVANTAGE,305 SE CROSSROADS DRIVE.SURE 0.CRIME&IA,Nil I.PH:N8"W FIX W 4410
EXHIBIT'A'- EASEMENT PLAT
ORAIN TILE EASEMENT DESCRIPTIQN
A PART OF LOT I&11MCKIOW9E AMES SUB0INSIOK AN OFMIAL PLAT IN THE CITY CF AMES,STORY COUNTY.
MWA AND MORE PARTICULARLY DESCRIBED AS FELLOW'S
COUNDiCNC AT 111E NORTHEAST CORNER OF SAID LOT 13: THENCE SOUTH W2T35'MT ALONC THE CAST
LINE OF SAD L07 13, A OISTANC►OF 32.21 FU7 TO M POW OF GMUNM THENCE CON7DMNC SOUTH
0072'3V WEST ALONG SAID EAST IJW. MOD FEET. TRDICE NORTH 89'Dr50'HEST, 203,90 FEET: THENQE
SOUTH 4r5r0r VM. 49.34 MY: TMCE NORTH 07'51.5r IMST, 50.77 FIST 70 7NE WRST UNE OF SAID
LOT 1x MkCE NMTH OV&25'EAST ALONC SAID WEST LIE 20.01 FEET: THDOCE SOUTH 8�1'sr EAST.
52.26 A=-. 7NDIOE NORTH 47'STOr EAST. 49.09 F=. TN04M SOUTH Snr5o• EAST, 271.50 qxT TO THE
POINT OF KChaWC AND OW(TAP490 0.17 ACRES(7.480 SQUARE FEET).
�a
o'�
v PONT or OWNNNG
g;N8r51'57"W
1'SrE.52.2EC CRYSTAL STREET NE PO� 1OF
COMMENCEMENT
N47.5T03'E 49JW W22.35'*
20A0'DRAIN 32 21'
TILE EA.RFJIENT S89'Or50'E 271 Av
N89'OT501N 283.90'
S4r5rC) 49a4' SO'22W W 20.00'
59.7T j
NO'2375'E 20.01' Zw>
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3
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SCALE
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0�25T 50 100'
f' o SO' ms am >Ha om Km m sUft/"W31 AN
aorlm en A11 WMn7
PT.LOT 13 BRICKTOWN AMES A00°� iO � 0
I SUBDIVISION
,e1,eos EASEMENT PLAT ,�,,,� CNQ OEBiOM ApvANTAOe p1jn's1�a1✓uao '� "'a"i°