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HomeMy WebLinkAbout~Master - Public Utility Easement from 302 Sondrol, LLC at 302 and 212 Sondrol Avenue Instr. Number: 2024-05319 Recorded: 7/29/2024 at 8:16:29.0 AM County Recording Fee: $22.00 Iowa E-Filing Fee: $3.41 Combined Fee: $25.41 Stacie L. Herridge - Recorder Transfer Tax: Story County, Iowa SPACE ABOVE RESERVED FOR OFFICIAL U S E Legal description: See page 3. Retum document for City Clerk,515 Clads Avenue.Ames,IA 50010 Document prepared by: ldarkO.Larnbert, City ofAmesLexal Department 515ClarkAve,Ames,IA50010-515.239-5146 i Public Utility Easement Know All Persons: The undersigned, 3oa SONDROL. LLC, an Iowa limited liability company, hereinafter referred to as the "Grantor"), its successors and assigns, for valuable consideration the sufficiency of which is hereby acknowledged, do hereby grant unto the City Ames, Iowa, a municipal corporation, its successors and assigns (hereinafter referred to as the "Granteel, 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 uses and the legal descriptions,respectively,are shown on the attached drawing,and described as follows: For the use of common public utility distribution systems including water,sanitary sewer, electricity,natural gas,telecommunications,and such other general utilities as may be distributed under franchise of the City of Ames: The real property described in 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 Grantor and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions: i Obstructions Prohibited.Grantor,as the fee simple owner of the underlying real estate,and 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.Grantee shall have the right to trim or remove trees and shrubs within the Easement Area to prevent damage to a permitted improvement of Grantee located within the Easement Area. a Restoration.Immediately following construction,reconstruction,or repair work by the Grantee within the Easement Area,weather and season permitting,ground area with previously existing grass cover that is disturbed by such work shall be planted with grass seed in accordance with customary methods of soil preparation and planting by the Grantee. 3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantor 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. 4 Title Warranty.The Grantor warrants to the Grantee that the grantor holds the Easement Area t by title in fee simple;that the Grantor has 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 Grantor 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 Witness Whereof the undersigned has executed this instrument on 7 6G' 2024. 302 SONDR LLC B GNAT RE r IVIL NAME PRI TED TITLE OF AUTHORIZED SIGNER STATE OF IOWA, COUNTY OF IOWA, SS.: This instrument was acknowledged before me on jj�/LI ' 2024, by M/t I'1 (insert name), as _�Lni 11 C✓ (insert title), of 302 Sondrol, LLC. jAJ �v L BRMANY COMIE�-L NOTARY PUB IC won Number 772551 = s M�Y 7 EXpUOS owe 1 �,- . 2 Exhibit`A' - Description of Public Utility Easement Area Being a part of Sondrol Avenue, of Second Addition to Sondrol's Subdivision and Sondrol's Third Addition, City of Ames, Story County, Iowa, more particularly described as follows: BEGINNING at the Northwest Corner of Lot r,said Sondrol's Third Addition;thence S88°47 39"W on the Westerly extension of the North line of said Lot r, a distance of io.00 feet; thence Sor°59'oi'E, a distance of 151.84 feet to the South line of said Sondrol's Third Addition; thence S02°r4'23"E, a distance of 36.44 feet;thence Southeasterly 116.39 feet on a 76.85 foot radius curve concave Northeasterly with a long chord bearing S408'4.9"E, 10S.58 feet; thence S88°50'57'E, a distance of 88.67 feet to the Southerly extension of the East line of Lot 3, said Second Addition to Sondrol's Subdivision; thence Noi°o6'48"W on said Southerly extension, a distance of ro.00 feet to the Southeast Corner of said Lot 3 (the following 3 courses are common to said Lot 3); thence N88°50'57"W, a distance of 88.24 feet; thence Northwesterly 101.25 feet on a 66.85 foot radius curve concave Northeasterly with a long chord bearing N45°i8'49"W, 91.84 feet; thence NO2°14'23'W, a distance of 36.30 feet to the Southwest Corner of said Lot i;thence Nm0S9'or"W on the West line of said Lot r, a distance of 151.85 feet to the POINT OF BEGINNING, containing 3,855 square feet and being subservient to any and all prior easements, be they of record or not. 3 Legal Description for Public Utility Easement: CITY OF AMES PUBLIC UTILITY EASEMENT Being a part of Sondrol Avenue,of Second Addition to Sondhel's Subdivision and Sondrol's Third Addition,City of Ames,Story County,Iowa,more particularly described as follows:BEGINNING at the Northwest Corner of Lot 1,said Sondrol's Third Addition;thence 888°47'39"W on the Westerly extension of the North line of said Lot 1,a distance of 10.00 feet;thence S01°59'01"E,a distance of 151.84 feet to the South line of said Sandi ot's Third Addition;thence S02"14'23"E,a distance of 36.44 feet;thence Southeasterly 116.39 feet on a 76.85 foot radius curve concave Northeasterly with a long chord bearing S45°1 B49"E,105,58 feet;thence S88°50'57"E,a distance of 88.67 feet to the Southerly extension of the East line of lot 3,said Second Addition to Sondrol's Subdivision;thence N01°06'48"W on said Southerly extension,a distance of 10.00 feet to the Southeast Corner of said Lot 3(the following 3 courses are common to said Lot 3);thence N88°50'57"W,a distance of 88.24 feet;thence Northwesterly 101.26 feet on a 66.85 foot radius curve concave Northeasterly with a long chord bearing N45°18'49 W,91.84 feet;thence NO2"14'23"W,a distance of 36,30 feet to the Southwest Comer of said Lot 1;thence N01°59'01"W on the West line of said Lot 1,a distance of 151.85 feel to the POINT OF BEGINNING,containing 3,855 square feet and being subservient to any and all prior easements,be they of record or not. NW CDR. LOT 2 LOT1 I, 588°4T39'W 70.00' P.O.B. — 5' I PUBLIC UTILITY EASEMENT NeBs"E 1 4.60'(15a.277 3,855 S.F. toxex OUTLOT 6 SONDROL'S re-2 x o I SONDROL'S SUBDIVISION 10.00' THIRD ° o ADDITION A ' ZONEAE PARCEL'A' " SWI14 SWI14 LOT 1 SEC. 1.83.24 LOT 7 oxeae m' $ 10.00' ^ I (SURVEY INSTRUMENT#:2017-02001) } BENT N88°52'35"E SEE STORM SEWER S' $ AppROXIMATE SFHA 5' 5' \ 80.00'(89.00').� 5'� EASEMENT NOTE I / _gOONDARV 70.09' NOB'52'35"E 152.92'U52.72) J 'L _ 10, }� S02°14'23"E NO2°14'23"W 3�2^5I'S7"E 120.82 (121.00') _ j Lys' 36.44' 36.30'(36.14) -ER Ni N88°04'31"E St I `\ 37.42'(37.34')�—— 70.00' — --i LOT 3 I LOT 2 LOT 1 a - r 6°48'40'/ \N88°04'37"E N I SECOND LOT 4 `\ ,` m.00' °� i I 881(88.781) T'-5 BE CDR, ADDITION (SURVEY INSTRUMENT#2007-00910R5)I /'is N88°50'7"W LOT N01"O6'48'W TO SONDROL'S S68"50'S"E 10,00, SUBDIVISION 10' 19' / NiIy,a zoxex7 fo2%)_ SONDROLAVENUE i —r= SECOND 5,y1 a ADDITION ZONEAN I TO SONDROL'S LOT 5 SUBDIVISION Ifs LOTB FEMA NOTES: I -THE SPECIAL FLOOD HAZARD AREA DOES AFFECT PARTS OF THE PROPERTY, STORM SEWER EASEMENT NOTE: -PARCELS LIE WITHIN THE SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE -SEE STORM SEWER EASEMENT RECORDED AS INSTRUMENT#:2024-03936, FIRM PAN EL 19169COI63G EFFECTIVE IN5/2021, LOCATED AT THE STORY COUNTY RECORDER'S OFFICE. LEGEND SURVEYOR'S NOTES: FOUND YELLOW CAPPED FOUND YELLOW CAPPED -FOR THIS SURVEY,BEARINGS ARE ASSUMED TO BEAR AS SHOWN FROM THE 518"REBAR#7037 112"REBAR#17161 IOWA REGIONAL COORDINATE SYSTEM,ZONE 8:AMES-DES MOINES.ALL 0 FOUND 518"REBAR ■ FOUND UZ'REBAR DISTANCES MEASURED USING THE U.S.SURVEY FOOT. FOUND CUT'X'IN SET CUli IN Curve Table x CONCRETE PAVEMENT CONCRETE PAVEMENT CURVE# LENGTH RADIUS BEARING CHORD LENGTH AANGLE O SET YELLOW CAPPED COMPUTED POINT ci 101.26 66,85' N45°18'49-W 91.84'aLIA') 86°ggg0• 112"REBAR#17765 ♦ NOTHING SET 161.82 106.85' B6°46'40' ( ) RECORD DIMENSION ——PLATTED UTILITY EASEMENT C2 U6L82) (106.85') 595°1849'E 146.80' (86°46'40') hereby certify that this land surveying document c3 744.43' 146.85' S30°06'01'E 13es8' 56°21'o4• was prepared and the related survey work was 1 c5 11s39' 76.55 S45°78'49'E 77010558'93') O6°46'40' J��`\\�\\\ II�rC(/ FPS supervision and that 1performed by me or nama duty lr ect nal licensed GRAPHIC SCALE BRAD M. Professional Land Surveyor under the laws 0 40 5 o BECK of the State of Iowa. qYx 17765 Sol BEI PROJECT M S24054 Civil Engineering-Land Surveying /�/////4igp j jj v$x��\\ Date: Brad M,Beck,P.E„P.L.S.#17765 DRAFTED 8Y:AJ Landscape Architecture-Architecture License renewal date: 12/3112025 SURVEYED:JUNE,2024 BY AJ Pages certified by this seal: i