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Home My WebLink About~Master - Permanent Watermain Easement from Green Hills Residents' Association Instrument 0: 2024-06422 09/06/2024 08:56:07 AM Total Pages: 4 EASE EASEMENTS Stacie Herridge, Loorder , Story County Iowa ■III �'i�rl NJPL h6,atil�fti"�i�+:l«r�P Wiplk�' h�� SI III DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Mark O.Lambert,City Attorney,515 Clark Avenue,Ames,IA 50010;Ph.:515-239.5146 Legal Description: See pages 3. Return document to: City Clerk,City of Ames,515 Clark Avenue,Ames,IA 50010 PERMANENT WATERMAIN EASEMENT KNow ALL PERSONS: The undersigned GREEN HILLS RESIDENTS' ASSOCIATION. an Iowa corporation (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 watermain easement: The real property described in Exhibit"A" and as shown on the Easement Plat 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 PROHIBITED. 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. 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. 3. 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 third parties upon terns and conditions that do not impair or diminish the rights granted under this instrument to the City. 4. TITI,E WARRANTY. Grantor GREEN HILLS RESIDENTS' ASSOCIATION warrants to the City that it holds title to the Easement Area in fee simple, and that it has good and lawful authority to grant the easement rights herein provided for. 5. SUCCESSORS AND ASSIGNS.The easement rights granted herein shall be binding upon the heirs,successors and assigns of the Grantor. 1 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. I d IN WITNESS WHEREOPthe undersigned has executed this instrument on 2024. GREEN HILLS RESIDENTS' ASSOCIATION I By: By: (bn lf_ ee t d SUZA G.SHIERHOLZ, Presht ANN B.HEIN, Secretary STATE OF IOWA,COUNTY OF STORY, SS.: This instrument was acknowledged before me on 3/L3�_ ,2024,by Suzan G. Shierholz and Ann B.Hein,as President and Secretary,respectively,of Green Hills Residents' Association. QVAI T ARISSA MCGREGOR ^ Commission Number 842860NOTARY PUELIC My Commission Expires pares October 5 2025 2 LEGAL DESCRIPTION OF EASEMENT AREA-EXHIBIT A A PART OF AUDITOR'S PARCEL 'G' AS SHOWN ON THE PLAT OF SURVEY RECORDED IN INSTRUMENT NUMBER 2018-09464, BEING A PART OF GATEWAY-GREEN HILLS SUBDIVISION,AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, GREEN HILLS COMMUNITY SUBDIVISION 1ST ADDITION, AN OFFICIAL PLAT; THENCE SOUTH 18°03'13" WEST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 46.38 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 76°52'41" EAST, 94.10 FEET, THENCE SOUTH 72°09'45" EAST,54.28 FEET;THENCE SOUTH 64°57'33" EAST,48.96 FEET;THENCE SOUTH 71°17'40" EAST, 132.17 FEET; THENCE SOUTH 74°10'22" EAST, 64.49 FEET; THENCE SOUTH 69°45'51" EAST, 25.67 FEET; THENCE SOUTH 71°46'20" EAST, 10.57 FEET, THENCE SOUTH 76°32'05" EAST, 16.99 FEET; THENCE SOUTH 65017'05" EAST, 44.35 FEET; THENCE SOUTH 54°02'05" EAST, 6.09 FEET; THENCE SOUTH 34016'30"EAST,18.87 FEET;THENCE SOUTH 79°16'30" EAST,1.76 FEET;THENCE SOUTH 77°01'14" EAST,2.82 FEET;THENCE SOUTH 75°23'52" EAST, 9.39 FEET;THENCE SOUTH 70°51'05" EAST,41.14 FEET; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 404.35 FEET, WHOSE ARC LENGTH IS 102.08 FEET AND WHOSE CHORD BEARS SOUTH 63026'01" WEST, 101.81 FEET; THENCE NORTH 37°04'11" EAST, 51.99 FEET,THENCE NORTH 10°25'08" EAST,3.96 FEET;THENCE NORTH 34°16'30" WEST, 26.58 FEET; THENCE NORTH 54°02'05" WEST, 2.00 FEET; THENCE NORTH 65°17'05" WEST, 41.40 FEET;THENCE NORTH 76°32'05" WEST, 16.14 FEET;THENCE NORTH 71°46'20" WEST, 11.46 FEET;THENCE NORTH 69°45'51"WEST, 25.35 FEET;THENCE NORTH 74°10'22"WEST,64.29 FEET;THENCE NORTH 71°17'40" WEST, 133.38 FEET, THENCE NORTH 64°57'33" WEST, 48.85 FEET; THENCE NORTH 72°09'45"WEST,52.72 FEET;THENCE NORTH 76°52'41" WEST,94.78 FEETTO THE EAST LINE OF SAID LOT 1;THENCE NORTH 18°03'13" EAST ALONG SAID EAST LINE, 15.06 FEETTO THE POINT OF BEGINNING AND CONTAINING 0.21 ACRES (9,351 SQUARE FEET). 3 PREPARED BY 8 RETURN TO:CIVIL DESIGN ADVANTAGE,4121 NW URBANDALE DRIVE,URBANDALE,IA 50322,PH:515-369-4400 FAX:515-369-4410 EXHIBIT 'A' - EASEMENT PLAT WATER MAIN EASEMENT DESCRIPTION A PART OF AUDITOR'S PARCEL 'G' AS SHOWN ON THE PLAT OF SURVEY RECORDED IN INSTRUMENT NUMBER 2018-09464, BEING A PART OF GATEWAY-GREEN HILLS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, GREEN HILLS COMMUNITY SUBDIVISION 1ST ADDITION, AN OFFICIAL PLAT; THENCE SOUTH 18'03'13" WEST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 46.38 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 76'52'41" EAST, 94.10 FEET; THENCE SOUTH 72'09'45" EAST, 54.28 FEET; THENCE SOUTH 64'57'33" EAST, 48.96 FEET, THENCE SOUTH 71'17'40" EAST, 132.17 FEET; THENCE SOUTH 74'10'22" EAST, 64.49 FEET; THENCE SOUTH 69'45'51" EAST, 25.67 FEET; THENCE SOUTH 71'46'20" EAST, 10.57 FEET; THENCE SOUTH 76-32'05" EAST. 16.99 FEET; THENCE SOUTH 6517'05" EAST, 44.35 FEET; THENCE SOUTH 54'02'05" EAST, 6.09 FEET; THENCE SOUTH 3416'30" EAST, 18.87 FEET; THENCE SOUTH 7916'30° EAST, 1.76 FEET; THENCE SOUTH 77'01'14" EAST, 2.82 FEET; THENCE SOUTH 7523'52" EAST, 9.39 FEET; THENCE SOUTH 70'51'05" EAST, 41.14 FEET; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 404.35 FEET, WHOSE ARC LENGTH IS 102.08 FEET AND WHOSE CHORD BEARS SOUTH 63'26'01" WEST, 101.81 FEET; THENCE NORTH 37'04'11" EAST, 51.99 FEET; THENCE NORTH 10'25'08" EAST. 3.96 FEET; THENCE NORTH 3416'30" WEST, 26,58 FEET; THENCE NORTH 54'02'05" WEST, 2.00 FEET; THENCE NORTH 6517'05" WEST, 41.40 FEET; THENCE NORTH 7632'05" WEST, 16.14 FEET; THENCE NORTH 71'46'20" WEST, 11.46 FEET; THENCE NORTH 69-45'51" WEST, 25.35 FEET; THENCE NORTH 7410'22" WEST, 64.29 FEET; THENCE NORTH 7117'40" WEST, 133.38 FEET; THENCE NORM 64-57'33" WEST, 48.85 FEET; THENCE NORTH 72-09'45" WEST, 52.72 FEET; THENCE NORTH 76-52'41" WEST, 94.78 FEET TO THE EAST LINE OF SAID LOT 1; THENCE NORTH 18'03'13" EAST ALONG SAID EAST LINE, 15.06 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.21 ACRES (9,351 SQUARE FEET). ---NE CDR LOT 1 POINT OFF GREEN HILLS COMMUNITY SUBDIMSION 15 ADDITION BEGINNING_ POINT OF COMM NrFMFNT S18'03'13'W 46.38' CZ WATER MAIN �0 L28 <3 EASEMENT Les �z, HgNj/t o, 426 �a L8 TOND EXISTING 15' L10 z WATER MAIN EASEMENT (? CS�L7 INST #87-10317 3 t6 Zg BK 252, PG 84 L9 w m L24 L11 N L23 COUNT`( AUDIT GREEN HILLS G L22 LL13 L14 GATE St B IVISI00N L15 INSTN 2018- 9�4 L2L20 L19 L18 !. a14.27'51" L17 SCALE 1"=80 R=404.35' L16 j ® CH=101.81' 0' 80' CHB=563'26'01"W LINE DATA G __ Li S76'52'41"E 94.10' L11 S34'16'30"E 18.87' L21 N76'32'05"W 16.14 L2 S72'09'45"E 54.28' L12 S79'16'30"E 1.76' L22 N71'46'20"W 11.46' L3 S64'57'33"E 48.96' L13 S77'01'14"E 2.82' L23 N69'45'51"W 25.35' L4 S71'17'40"E 132.17' L14 S75'23'52"E 9.39' L24 N74'10'22"W 64.29' L5 S7410'22"E 64.49' L15 S70'51'05"E 41.14' L25 N71'17'40"W 133.38' L6 S69'45'51"E 25.67' L16 N37'04'11"E 51,99' L26 N64'57'33"W 48,85' L7 S71'46'20"E 10.57' L17 N10'25'08"E 3.96' L27 N72'09'45"W 52.72' L8 S76'32'05"E 16.99' L18 N34'16'30"W 26.58' L28 N76'52'41"W 94.78' L9 S6517'05"E 44.35' L19 N54'02'05"W 2.00' L29 N18'03'13"E 15.06' L10 S54'02'05"E 6.09' L20 N65'17'05'W 41.40' P.T PARCEL 4121 NW URBANDALE DRIVE GATEWAY-GREENN HILLS c URBANDALE,IA IA Soazz /13� I SUBDIVISION I CIVIL DESIGN ADVANTAGE PH:(515)369-4400 121 311.7 EASEMENT PLAT aMes.lDwA