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Home My WebLink About~Master - Permanent Easement for flood mitigation, drainage and shared use path right-of-way from MKTM - Ioway Creek, Parcel 11 Instrument IS: 2021-13429 10/21/2021 11:30:20 AM Total Pages: 4 EASE EASEMENTS Recording Fee: $ 22.00 Stacie Herridge, Recorder, Story County Iowa mill W& K AV, Mrci' w��+ 1111+1i W1 PERMANENT EASEMENT FOR FLOOD MITIGATION, DRAINAGE,AND SHARED Recorder's Cover Sheet Parcel 11 Prep arer Information: O� ( n- - 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 Jeffrey Sogge Clapsaddle-Garber Associates,Inc. 16 East Main Street Marshalltown, IA 50158 Grantor: MKTM,L.L.C. 1816 SE 51" Street Ames, Iowa 50010 Grantee: j `�'�� 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#2021-1 1928 NOTE: This cover page is prepared in compliance with Iowa Code Section 331.60613 (2016). This cover page is provided for information purposes only. Ioway Creek Flood Mitigation, Project No. 379-8612-489, MKTM, LLC (Parcel 11) - 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,MKTM,L.L.C.,an Iowa limited liability 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: That part of Outlot A in Carney and Sons' Subdivision,First Addition to Ames, Story County, Iowa, which is shown on Exhibit `A' attached hereto and by this reference made a part hereof(the `Easement Area')and is more particularly described as follows: Beginning at the Southwesterly (SW)most Corner of said Outlot A, said Point also being the Northwest(NW) Corner of Lot 1 of said Subdivision; Thence S 82°38'17" E, 573.86 feet along the North line of said Lot 1 to the Northeast(NE) corner of said Lot 1; Thence S 00°31'13" E, 133.31 feet along the East line of said Lot 1; Thence N 89°28'47" E, 940.03 feet; Thence N 65°08'50" E, 407.09 feet; Thence N 20°34'08" W, 19.68 feet to the Northerly line of Outlot A and the Centerline of Squaw Creek; Thence S 83053'03" W, 213.78 feet along said Centerline; Thence N 70011'41" W, 474.99 feet along said Centerline;Thence S 75031'33" W, 104.27 feet along said Centerline; Thence S 57°23'53" W, 326.93 feet along said Centerline; Thence N 82°38'15" W, 844.14 feet along said Centerline to the Northwesterly most corner of said Outlot A and the East Right-of-Way (ROW)line of South Duff Avenue; Thence S 00°20'33" E, 3 5.3 3 feet along said East ROW to the Point of Beginning. Containing 270,844 square feet more or less. 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#2021-11928,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. Ioway Creek Flood Mitigation, Project No. 379-8612-489, MKTM, LLC (Parcel 11) - Page 2 Dated /ate/—` -Q ,2021. (SIGN IN INK) X X AG P Matthew T.Carney,Pre ' nt&Member mrney5Vic resident&Member MKTM,L.L.C. 1816 SE 51h Street Ames,Iowa 50010 STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on Oc, 2021,by Matthew T.Carney as President and Member,and Thomas G.Carney,as Vice President and Member,respectively,of MKT ,L.L.C. 40 NOTWkB C Ile 'owa Mym N�SO 4 mm �n ar'G��F 2 t-- . Ioway Creek Flood Mitigation, Project No. 379-8612-489, MKTM, LLC (Parcel 11) - Page 3 PERMANENT EASEMENT PLAT PART OF OUTLOT A CARNEY and SONS' SUBDIVISION FIRST ADDITION, AMES, STORY COUNTY, IOWA. PREPARED BY: ANDREW J. SMITH, WHKS & CO., 1412 6th ST. SW, MASON CITY, IA 50401 (641) 423-8271 — - - EASEMENT DESCRIPTION I That part of Outlot A in Carney and Sons' Subdivision, First Addition I to Ames, Story County, Iowa, more particularly described as follows: I Beginning at the Southwesterly (SW) most Corner of said Outlot o i said Point also being the Northwest (NW) Corner of Lot 1 of said Subdivision; I Existing Drainage i Thence S 82°38'17" E, 573.86 feet along the North line of said Lot 1�4 Easement Area I to the Northeast (NE) corner of said Lot 1; from of Squaw Creek to a line parallel with I Thence S 00°31'13" E, 133.31 feet along the East line of said Lot 1; 1A and 20 feet south of O the south top of bank. i Thence N 89°28'47" E, 940.03 feet; I o I Thence N 65°08'50" E, 407.09 feet; Thence N 20°34'08" W, 19.68 .feet to the Northerly line of Outlot A I and the Centerline of Squaw Creek; o I J j Thence S 83°53'03" W, 213.78 feet along said Centerline; I . Thence N 70°11'41" W, 474.99 feet along said Centerline; N Line oullal A&FE Squow (n\00�co��1 Creek O i Thence S 75°31'33" W, 104.27 feet along said Centerline; OC I Thence S 57°23'53" W, 326.93 feet along said Centerline; Thence N 82°38'15" W, 844.14 feet along said Centerline to the Northwesterly most corner of said Outlot A and the East o 07 A 1 / Right-of-Way (ROW) line of South Duff Avenue; Thence S 00°20'33" E, 35.33 feet along said East ROW to the Point I of Beginning. 130 I Containing 270,844 square feet more or less. Subject to Easements recorded or unrecorded. LINE TABLE LINE TABLE LINE LENGTH DIRECTION I LINE LENGTH DIRECTION SEGMENT (feet) NE Car. Lot 1 i SEGMENT (feet) Calculated position,no I L7 474.99 N70°11'41"W monument fd. a3 I L1 573.86 S82°38'17"E - .0,set. Via/ L2 LB 104.27 S75'31'33"W 133.31 S00'31'13'E 2 Lg 326.93 S57'23'53"W L3 940.03 N89°28'47"E I � _vm-------+ 1-4 407.09 N65°08'50"E L10 844.14 N82°38'15"W a L5 19.68 N20°34'08"W L11 35.33 S00'20'33' L6 213.78 S83°53'03"W 0 I Note: r--- (� 7, Reference is hereby matle to the Plot of Surveys of Parcel A&B Recorded as Instrument a2020-5364 on file at the J Story County.Iowa Recorder's Office. I Ftl. Witness I LEGEND capped rebor#17535 I I 5 00'31'13"E.35.04' I ——- Existing Lot or Parcel Line J Parcel B I -- Section Line La I L------ W I I � r New Permanent Easement Area I I I IL I Existing Drainage Easement Area from q of t _ Squaw Creek to a line parallel with and 20 feet L11 L TA [ I south of the south top of bank. �9i1 aJ �ullr`Ave` Property Corner Found as noted. Fd. Witness Corner copped r, rebor,3). 2 Property Corner Fd. #5 Rerwi 24" long YPC ld, S 0Coro 33"Lot 1 (Parc l NW O ff P.O.B. car.Lot 1 &Porael B #14233, unless noted otherwise NW car. Lot 1 &sw'ly car. ® Property Corner Calculated Position, no DATE SURVEYED: Aug Oed Position,no monument set Oct. 019 calaalol monument id. or set .. PROJECT NO.: 8198 Z Found Section Corner as note DRAWN BY: AJS HORIZ. 1"=300� Q Set Section Corner as note CHECKED BY: AJS ( ) SHEET Record Dimension 1 of 1 150 0 150 300 I hereby certify that this land surveying document was prepared and LA;� the related survey work was performed by me or under my direct p�P�• O personal supervision and that I am a duly licensed Land Surveyor under AfhLFC .;• •'J; the laws o the State of Iowa. LJ ANDREW J-*. SMITH / ------ ;m o: SMITH o /,. / .-� � o'.•• 14233 ° . - d `°t a Date engin rs+��iTaLI � Yors *•••••• •••** Andrew J Smith /OWP License number 233 Sheets covered by this seal: 1 of 1 Seal My license renewal date is December 31, 2021 CITY OF MEMO Amps. Legal Department Cariq People•.21,111ity Prograirrr•Exceptional Service To: Diane R. Voss, City Clerk From: Victoria A. Feilmeyer, Assistant City Attorney Date: October 26, 2021 Subject: Ioway Creek Acquisitions [Matter No. 2830-0380-0008 and-0011] Diane: For the City's files, I am delivering to you the original filed Warranty Deed (parcel 8) and Easement (parcel 11) from the acquisitions related to property owned by MKTM, LLC. Legal Department 515.239.5146 mare 515 Clark Ave. 515.239.5142 f" Ames,IA 50010 Ww-w.QtyofAmes.org