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Home My WebLink About~Master - Permanent Sanitary Sewer and Temporary Construction Easement from Jordon Elwell Properties, LLC and Rodd and Constance L Rueter Instrument R; 202:3-08362 11/27/2023 09:33-10 AM Total Pages a EASE EASEMENTS Recording Fee $ 22.00 Stacie Herridge, Recorder , Story County Iowa will hL91�� a� Wil I:1 vwIll 11111 DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Mark 0.Lambert,City Attorney,515 Clark Avenue,Ames,IA 50010;Ph.:515-239-5146 Legal Description: See pages 3 and 4. Return document to: City Clerk,City of Ames,515 Clark Avenue,Ames,1A 50010 PERMANENT SANITARY SEWER AND TEMPORARY CONSTRUCTION EASEMENT KNOW ALL PERSONS: The undersigned,JORDON FLWELL PROPERTIES. .. an Iowa limited liability company and TODD RUETER and CONSTANCE L.RUETER,husband and wife,(hereinafter referred to as the "Grantor"), for valuable consideration the sufficiency of which is acknowledged and accepted, does hereby grant unto the City of Ames.Iowa,an Iowa municipal corporation,(hereinafter referred to as the "City"), upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area to construct,reconstruct, cover over,clean up, operate,use, maintain,and repair the systems described 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 located on a parcel of land situated in Story County, Iowa, described as follows: For use as a permanent sanitary sewer easement: The real property shown on Exhibit "A" attached hereto and by this reference made a part hereof. The foregoing rights are granted by the Grantors and shall be accepted and exercised by the City, including City's agents,employees and contractors,subject to the following terms and conditions: 1. OBSTRUCTIONS PROIIIBITED. 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, fence or other improvement or any trees, shrubs or other landscape plantings except with the prior written consent of the City. The City shall have the right to remove any unauthorized fences, structures,obstructions or other improvements or materials placed or erected over,under,on,through or across or otherwise within the Easement Area. Grantor shall not change grade,elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 2. TEMPORARY CONSTRUCTION EASEMENT. In addition to the permanent easement granted herein,during the initial construction of the sanitary sewer improvement that Grantee makes within the Easement Area under this Agreement,Grantee shall have the right,as reasonably necessary for construction purposes,to temporarily encroach and work upon the land of Grantors as shown in Exhibit `B' attached hereto. Grantee agrees that the temporary easement rights granted shall terminate upon the completion and installation of the sanitary sewer that is the subject of this easement, or two years from the date of this easement,whichever is sooner. 3. RESTORATION. The City shall repair and restore,at its expense,surfaces disturbed or damaged through the operation of the surface water drainage area or by the City during the construction, reconstruction, repair,alteration,or maintenance of the Easement Area.Surfaces shall be restored to the condition existing prior to such disturbances or damage. 4. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument to the City are nonexclusive.This instrument shall not preclude the Grantor from granting similar easement rights to 1 third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the City. 5. TITLE WARRANTY.Grantors Todd Rueter and Jordon Elwell Properties,L.L.C.,warrant to the City they hold the Easement Area by title in fee simple, and that the they have good and lawful authority to grant the easement rights herein provided for. 6. SUCCESSORS AND ASSIGNS.The easement rights granted herein shall be binding upon the heirs,successors and assigns of the Grantors. 7. 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 WITNESS WHrREOrthe undersigned has executed this instrument on 2023, JORDON ELWE R RTIES,L.L.C. B P. ELWELL,Man er STATE OF IOWA,COUNTY OF STORY, SS.: This instrument was acknowledged before me on ��7/e/?1 ! / , 2023,by Jordon P.Elwell, as Manager of Jordon Elwell Properties,L.L.C. Ap{U is TERRY L CARLSON Commission Number 789004 Ay ommission Exp'os NOTAR UBLIC DD RUE TER®� CONSTANCE L. RUETER STATE OF IOWA,COUNTY OF STORY,SS`.: This instrument was acknowledged before me on y/� 9 2023,by Todd Rueter and Constance L. Rueter,husband and wife. APPTER 'u bar NCommission Number 7R9004 LilM11�10` ssw �xp7es NOTARY BLIC m r ..„._...__ 2 rf EXHIBITA PARCEL'A', PART OF THE NW FRACTIONAL QUARTER, SECTION 5, SANITARY SEWER EASEMENT T83N, R23W EXISTING 30' 3312 -- WATERMAIN EASEMENT INDEX LEGEND 570TH AVE. LOCATION:PARCEL"C"NE FRACTIONAL 114 SECTION 6, T 83 N,R 23 W.OF THE 6TH P.M.,CITY OF AMES NE CORNER REQUESTOR:CITY OF AMES SEC 6-83-23 i <. PROPRIETOR:ELWELL-RUETER LLC PK NAIL t L:.. EAST LINE SURVEYOR:MYRON G,DARINGER LOT CORNER SE QUARTER SURVEYOR COMPANY:CITY OF AMES PARCEL'C' :; SEC 6 RETURN TO:CITY OF AMES,PUBLIC WORKS ENGINEER 1/2" REBAR i 515 CLARK AVE.,AMES,IA 50010 W/YELLOW CP j 516-239-5276 NORTH LINE Q NE FRACTIONAL QUARTER �50' w LEGAL DESCRIPTION-SANITARY SEWER EASEMENT A PART OF PARCEL'C'OF THE NORTHEAST FRACTIONAL QUARTER OF u' -aI SECTION 6,TOWNSHIP 83 NORTH,RANGE 23 WEST OF THE STH P.M.,IN F v co Z STORY COUNTY,IOWA;DESCRIBED AS FOLLOWS: W N LU 0 0 THE SOUTH 50.00 FEET OF THE NORTH 97.00 FEET OF THE EAST 1100.69 m - m LL V M FEET AND THE SOUTH 14.00 FEET OF THE NORTH 47.00 FEET OF THE WEST " �-, OLL 177.24 FEET OF THE EAST 1100.69 FEET EXCLUDING THE EASTERLY RIGHT- W I W Z m OF-WAY OF INTERSTATE 35,ALL IN THE NORTHEAST FRACTIONAL QUARTER I (p d W co OF SECTION 6,TOWNSHIP 83 NORTH,RANGE 23 WEST OF THE STH P.M.,IN - QD- STORYCOUNTY,IOWA. J LL ZLo THE DESCRIBED EASEMENT CONTAINS 1.32 ACRES(57,502.6 5,F.I,MORE OR (� U O O `1 LESS. � it it U O QQWO adUnIll EXISTING 30' I � -� "` WATERMAIN � ' EASEMENT EASEMENT 57,502.E SF 30' 1.32 ACRES SOUTH R.O.W. LINE, E13TH ST. I ` I � I 33' LOT CORNER ' PARCEL'C' LEGEND 1/2" ® MONUMENTFOUND LOT CORNER PARCEL'C' PK NAIL EASTERLY R.O.W. LINE 0 OF INTERSTATE 35 � � EXHIBITB PARCEL'A', PART OF THE NW FRACTIONAL QUARTER, SECTION 5, TEMPORARY SANITARY , ; T83N, R23W SEWER CONSTRUCTION EXISTING30' EASEMENT EA EMENTN 3312 570TH AVE. INDEX LEGEND NE CORNER LOCATION:PARCEL"C"NE FRACTIONAL 1/4 SECTION 6, PK NAIL EAST LINE SEC 6-83-Z3 T 83 N,R 23 W,OF THE 5 TH P.M.,CITY OF AMES REQUESTOR:CITY OF AMES LOT CORNER - SE QUARTER PROPRIETOR:ELWELL-RUETER LLC PARCEL'C' f SEC 6 SURVEYOR:MYRON G.DARINGER 1/2" REBAR SURVEYOR COMPANY:CITY OF AMES W/YELLOW C�P RETURN TO:CITY OF AMES,PUBLIC WORKS ENGINEER '3 515 CLARK AVE.,AMES, IA 50010 ,� 97'1 xr z 515-239-6276 . Q 0= I NORTH LINE Q W K NE FRACTIONAL QUARTER O LEGAL DESCRIPTION-TEMPORARY SANITARYSEWER CONSTRUCTION F $� U) Z EASEMENT 2 I ., _ APART OF PARCEL'C'OF THE NORTHEAST FRACTIONAL QUARTER OF co LL Q M SECTION 6,TOWNSHIP 83 NORTH,RANGE 23 WEST OF THE 5TH P.M.,IN t „' O LL STORY COUNTY,IOWA,DESCRIBED AS FOLLOWS: Wa =!F Q Z CO m W THE SOUTH 50,00 FEET OF THE NORTH 147.00 FEET OF THE EAST 1100.69 o 0- = I.- Q FEET IN THE NORTHEAST FRACTIONAL QUARTER OF SECTION 6,TOWNSHIP I I U F- CD Q- 83 NORTH,RANGE 23 WEST OF THE 5TH P.M.,IN STORY COUNTY,IOWA. -i LL Z 0 WOO - THE DESCRIBED EASEMENT CONTAINS 1.26 ACRES(55,033.6 S.F.I,MORE OR U O LESS. (A Im EXISTING 30' I WATERMAIN TEMP. EASE. EASEMENT 57,502.6 SF 30' 1.32 ACRES SOUTH R.O.W. LINE, E13TH ST. , 33' , LOT CORNER PARCEL'C' LEGEND 1/2" REBAR ® MONUMENT FOUND LOT CORNER PARCEL'C' , PK NAIL I EASTERLY R.O.W. LINE 0 100 OF INTERSTATE 35