HomeMy WebLinkAbout~Master - Permanent Easement to construct and maintain flood mitigation, Drainage and Shared Use Path from AMERCO, Ioway Creek, Parcel 9 Instrument 0: 2021-14771
11/23/2021 10:37:52 All Total Pages 4
EASE EASEMENTS
Recording Fee: 22.00
Stacie Herridge, Lcorder , Story County Iowa
III Fill FRH:11,Ill 1r:irl4iS111`411.1174 W,I II II
City of Ames
Box 811
Ames, IA 50010
PERMANENT EASEMENT
FOR FLOOD MITIGATION,DRAINAGE,AND SHARED USE PATH RIGHT OF WAY
Recorder's Cover Sheet
Preparer Information:
Jeffrey Sogge
Clapsaddle-Garber Associates, Inc.
16 East Main Street
Marshalltown, Iowa 50158
Phone: (641) 752-6701
Taxpayer Information:
City of Ames, Iowa
515 Clark Avenue
Ames, Iowa 50010
Return Document To: -
Jeffrey Sogge
Clapsaddle-Garber Associates, Inc.
16 East Main Street
Marshalltown, IA 50158
Grantor:
Parcel 9 _------
AMERCO Real Estate Company
2727 N Central Ave., Suite 500
Phoenix, AZ 85004
Grantee:
City of Ames, Iowa
515 Clark Avenue
Ames, Iowa 50010
Legal Description:
See page 2
Document or instrument number of previously recorded documents:
Story County Recorder document#2021-11926
NOTE: This cover page is prepared in compliance with Iowa Code Section 331.606B (2016). This
cover page is provided for information purposes only.
Ioway Creek Flood Mitigation, Project No. 379-8612-489, AMERCO (Parcel 9) - Page 1
PERMANENT EASEMENT
TO CONSTRUCT AND MAINTAIN FLOOD MITIGATION,
DRAINAGE, AND SHARED USE PATH
For good and valuable consideration in hand paid by the City of Ames, Iowa, AMERCO Real Estate Company, does
hereby grant to the City of Ames,Iowa,an Iowa municipal corporation,a permanent easement to construct and maintain
Flood Mitigation, Drainage, and a Shared Use Path in,to, on,over and across real estate in Story County, Iowa:
THE EASEMENT GRANTED TO CONSTRUCT AND MAINTAIN FLOOD MITIGATION,
DRAINAGE,AND SHARED USE PATH IS TO LAND DESCRIBED AS FOLLOWS:
A PART OF LOT 1 OF U-HAUL SUBDIVISION FIRST ADDITION IN THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE
5 TH P.M., IN THE CITY OF AMES, STORY COUNTY, IOWA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, U-HAUL SUBDIVISION FIRST ADDITION,
CITY OF AMES; THENCE N 89034'48"W(ASSUMED BEARING)ON THE SOUTH LINE OF SAID
LOT 1, TO THE SOUTHWEST CORNER OF SAID LOT 1, A DISTANCE OF 407.88 FEET: THENCE N
00017'39"W ON THE BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 123.00 FEET; THENCE S
89033'11" E, TO A POINT ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 407.88 FEET;
THENCE S 00017'39"E, ON THE EAST LINE OF SAID LOT 1,A DISTANCE OF 122.80 FEET TO THE
POINT OF BEGINNING.
THE DESCRIBED EASEMENT CONTAINS 1.15 ACRES (50,126 S.F.), MORE OR LESS.
The real property shown on Exhibit `Drainage and Shared Use Path Easement Plat' attached hereto and by
this reference made a part hereof(the"Easement Area").
This easement is given in fulfillment of that certain Agreement dated September 14,2021,and recorded in the Story County
Recorder's Office on September 16,2021, as Document#2021-11926, except for those terms that survive the execution of
this document.
The easement granted herein shall be subject to the following terms and conditions:
1. Obstructions Prohibited. The Grantor(s), 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, fence, or
structure or improvement within the Easement Area, except with the prior written consent of the Grantee. The
Grantee shall have the right to prevent damage to a permitted improvement within the Easement Area, which
shall include the right to remove obstructions within the Easement Area.
2. Access. The City shall have a perpetual right of ingress and egress between the Easement Area from adjacent
public rights of way that are reasonably necessary for the use, enjoyment and maintenance of the Easement Area.
3. 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.
4. Change in Grade Prohibited. Grantor shall not change the grade elevation or contour of any part of the
Easement Area without obtaining the prior written consent of the City.
5. Successors. This Easement shall be binding upon successors and/or assigns of both Grantor(s)and Grantee.
6. Maintenance. Grantor(s) shall solely be responsible for providing routine maintenance of the Easement Area,
such as removal of trash and maintenance of standard vegetation.As between Grantor(s)and Grantee,the Grantee
shall provide maintenance of berms, wetlands, erosion, native vegetation, felled tree removal, volunteer tree
removal, riprap, and any structural retaining walls and shared use paths installed or built by Grantee in the
Easement Area.
Grantors do hereby covenant with grantees,and successors in interest,that grantors hold the real estate by title in fee simple;
that they have good and lawful authority to sell and convey a permanent easement on said real estate; that the real estate is
free and clear of all liens and encumbrances except as may be above stated; and grantors covenant to warrant and defend
the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby
relinquishes all rights of dower, homestead and distributive share in and to the easement.
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.
Signature page follows
Ioway Creek Flood Mitigation, Project No. 379-8612-489, AMERCO (Parcel 9) - Page 2
Dated IV 2021. (SIGN IN INK)
X
X
AMERCO Real Estate Company 11,v Secretary
2727 N Central Ave.,Suite 500
Phoenix,AZ 85004
ALL PURPOSE ACKNOWLEDGMENT
CAPACITY
STATE OF k Z CLAIMED BY SIGNER:
COUNTY OF /j���� } _INDIVIDUAL
}ss: X CORPORATE
On this > / Title(s)of Corporate Off r(s):
�C day ofJ�IQL�7Yl l�t A.D. 2021, before me, the "P4rsiefmt
undersigned,a Notary Public in and for said St a ersonal y appeared
_Corporate Seal is affixed
_No Corporate Seal procured
or
to me personally known _PARTNER(s):_Limited Partnership
proved to me on the basis of satisfactory evidence _General Partnership
_ATTORNEY-IN-FACT
to be the person(s)whose name(s)is/are subscribed to the within instrument and —EXECUTOR(s)or TRUSTEE(s)
acknowledged to me that he/she/they executed the same in his/her/their authorized _GUARDIAN(s)or CONSERVATOR(s)
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), —OTHER
or the entity upon behalf of which the person(s)acted,executed the instrument. SIGNER IS REPRESENTING:
(NOTARY SEAL) List name(s)of person(s)or entity(ies)
4 k-1) AMERCO Real Estate Comoanv
'A(4���Sign in Ink)
N ` 1��1 s4LY9( rint/Type Name)
Notary Public in and for the State of ZV Al
Linda Ahumada
Notary Public
Marioopa County,Arizona
My Comm.Expires 07/02/23
Commission No.566914
Ioway Creek Flood Mitigation, Project No. 379-8612-489, AMERCO (Parcel 9) - Page 3
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A CITY OF MEMO
AOW Ames- Legal Department
Caring People•Qiiaho Progravvs•Exceptional Service
To: Diane R. Voss, City Clerk
From: Victoria A. Feilmeyer, Assistant City Attorney
Date: December 7, 2021
Subject: Original recorded documents—Ioway Creek Acquisitions [2830-0380-
0005 & -0009] -- Parcels 5 and 9
Diane: I am delivering to you the original re-recorded Warranty Deed for Parcel 5 [RL
Enterprises] which was re-recorded on 11/23/2021. I am also delivering to you the
original Easement for Parcel 9 [Amerco]. Please place these original documents in the
City's permanent files.
While I was at the Recorder's Office, they handed me two different Electrical
Easements (Inst. No. 2021-15218 and 2021-15217). One of these documents is the
subject of the email I sent you earlier and needs to be re-recorded once Kayley Lain
provides the appropriate Exhibits.
Let me know if you have questions.
Legal Department 515.239.5146 main 515 Clark Ave.
515.239.5142 fax Ames,IA 50010
www.CityofAmes.org