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Home My WebLink About~Master - Water Main Easement from RL Enterprises - Ioway Creek, Parcel 5 Q� Instrument 0: 2021-14178 a 11/08/2021 02:41:55 PM Total Pages. EASE EASEMENTS Recording Fee: $ 17.00 Stacie Herridge, ecorder, Story County Iowa Hti1�k�r:l � i��i�� C (Dry 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 IA L U S E Legal description: Seepages 2 and 3 _Return document to: City Clerk 515 Clark Avenue Ames IA 50010 Document prepared by: City of Ames Legal Department 515 Clark Ave.,Ames,IA 50010—515-239-5146 Water Main Easement Know All Persons: The undersigned, RL Enterprises LLC, an Iowa limited liability company, (hereinafter referred to as the "Grantors"), their successors and assigns, for valuable consideration the sufficiency of which is hereby acknowledged, do hereby grant unto the City of Ames. Iowa, a municipal corporation, its successors and assigns (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 attached Easement Exhibit,and described as follows: For the use of a water main and such other general utilities as may be distributed under franchise of the City of Ames: The real property shown on Exhibit"A"attached hereto and by this reference made a part hereof(the"Easement Area"). 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 Grantors and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions: i Obstructions Prohibited.The Grantors,as the fee simple owners 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 within the Easement Area,which shall include the right to remove obstructions within the Easement Area. z 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. 3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantors 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. Easement P a g e 1 z 4 Title Warranty.The Grantors warrant to the Grantee that the Grantors hold the Easement Area by title in fee simple; that the Grantors have good and lawful authority to grant the easement rights herein provided for. 5 Successors. This Easement shall be binding upon successors and/or assigns of both the Grantors and 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 f4W__itnesss Whereof the undersigned has executed this instrument on 461& A ! 4* ` 12021. RL ENTERPRISES LLC B ✓\f B — G D. Sc eiger, Manager Lyla . Schweiger, M ager STATE OF IOWA COUNTY OF 1n h , SS.: l This instrument was acknowledged before me on/�laurr�•��v' S , 2021, by Gary D. Schweiger and Lyla S. Schweiger,as Managers of RL Enterprises LLC. r f J MY on 9 J�� NO P BLIC 13 LEGAL DESCRIPTION—EXHIBIT `A' (Water Main Easement Area) A WATERMAIN EASEMENT IN A PART OF LOT 5 OF BLOCK 2 OF THE FIRST ADDITION TO SOUTHWOOD SUBDMSION,AMES, IOWA AND MORE COMPLETELY DESCRIBED AS FOLLOWS: Commencing at the Southeast (SE) Corner of Lot 5 in Block 2 of said First Addition;thence N 0°19'54"W 149.30 feet along the West Right-of-way line of South Duff Avenue;thence S 89°56'25"W 9.50 feet to a point on the West line of an existing utility easement and the Point of Beginning;thence S 89°56'25"W 140.04 feet;thence S 5501o'16"W 63.6o feet to a point on the East line of an existing utility easement; thence N 17°30'43" E 27.56 feet along said East line of existing utility easement;thence N 89°56'25" E 3.22 feet; thence N 55°1o'16" E 43.84 feet;thence N 89056'25" E 144.66 feet to a point on the West line of an existing utility easement;thence S 0019'54" E 15.00 feet along the West line of said utility easement to the Point of Beginning. [Said tract contains 2,983 square feet more or less]. RECORDER'S INDEX LOCATION: LOT 5 IN BLOCK 2 OF THE FIRST ADDITION TO SOUTHWOOD SUBDIVISION,AMES,STORY COUNTY,IOWA REQUESTER: CITY OF AMES PROPRIETOR:RL ENTERPRISES LLC SURVEYOR: DANIEL J.HINGTGEN COMPANY: WHKS&Co. RETURN TO: WHKS&Co. (815)747-8833 1701 ROUTE 35 NORTH EAST DUBUQUE,IL 61025 EASEMENT PLAT for PART OF LOT 5 IN BLOCK 2 OF THE FIRST ADDITION TO SOUTHWOOD SUBDIVISION,IN THE CITY OF AMES,STORY COUNTY, IOWA LEGEND QSECTION CORNER LOT LINE WASPOSED TER MAIN NORTH O FOUND 5/8"REBAR �� EATER i Oyt CA 5/8"REBAR ___ KLLOW SURI£Y CAP — ELECTRIC O SCALE 1" - 40' I———— EASEMENT 6—m-ma—M.MW (r50) PRFNOUSL Y RFCOR0E0 EXISTING 0 10' 20' 40' 15.0' FIELD MEASUREMENT —--—-- UTILITY EASEMENT PART OF THE NE 1/4 OF THE SW 1/4 SECTION 11.T83N,R24W N 89'33'36"E 167.20' (N 99',32 J7'E 167.00) m� N 17°30'43"E Reference Tie ^' ( 15.0'UtilityEasement y N 5 W 11.08, S 89'56'25"W N 89'56'25"E 144.66' -- O �d 5. a or M. In E setne�st� WWW N1 N 89'S6'25"E �aghA54p 8 662 1 L-1 1 16.38' 3.22' n 10.0 5 88'SB'25'W 160. r '. Electric Easement 80 I 'r N17'30'43"E .r _---_-----------rl i 27.56' - ————— N 89°56'25"E 184.01' POINT OF t� BEGINNING �56 6e'013 O 5 V C O v �' LINE TABLE 8 Z C/t 58'25"W / L-2 S 0'19'54"E 15.00, w I m , L-3 S 17'30'43'W 10.49' L-1 N 0°19'54"W 10.00' sO(J)"'N� gp ro �O 9.5' Utility ' O Easement 10.0' Utility �-10.0' Utility Q Easement'"�, Easement SOUTHEAST J' I rSr�N CORNER OF 1 LOT 5 2.6' Asa r•�rr• I hereby certify that this land surveying document was EASEMENT PLAT �•�� r�4� prepared and the related survey work was performed by Drown byCR Project No,8r98.00 , " .,'•ENGR- 4 �O� me or under my direct personal supervision and that - ¢l •••'�f•y am a duly licen- d La Surveyor under the laws of the Drawing Date:09/7J/202! e Q� ••• v State of Iowa. Drawing Nome:K;t8*8..00-Ames Squaw Creek tCADt 8198 wafer Eosemeot.sur ' 7 DANIEL J..•�� : ' HINGTGEN = 9 L3 —1 � •'• :•3� Dan Hing en,14052 and rveyor Date wb& •r e• '•••••••••••q} `� Iowa license numb 4052_ erglneers.planners"land surveyors •h,',aIfOWA ,,J• My license rene I date is December J1, 2022 Pages or sheets covered by this seal:._1.Z9--wJQ SHEET 1 of 2