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Home My WebLink About~Master - Permanent Watermain Easement from Green Hills Health Care Center, Inc. Instrument #: 2024_06421 09/06/2024 08:56:07 Am Total Pages, 4 EASE EASEMENTS Recording Fee: $g 22.00 Stacie Herridge, Recorder , Story County Iowa I'I III 6'i�� I�la YAkh�Gull0 LvININRw�IIII 1 1I 111 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 HEALTH CARE CENTER.INC.. 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. NONExCLUsrvE 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 terms and conditions that do not impair or diminish the rights granted under this instrument to the City. 4. TITLE WARRANTY. Grantor GREEN HILLS HEALTH CARE CENTER,INC.,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. IN WITNESS WHEREOF the undersigned has executed this instrument on dp}},' 3b 2024. GREEN HILLS HEALTH CARE CENTER,� ,I,N�C. By AaCL ' �SI 1> e BY CLARENCE CORY,Presiden AN MATHEWS, Secretary STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on 30 ,2024,by Clarence Cory and Joan Mathews,as President and Secretary,respectively, of Green Hills Health Care Center,Inc. spR ¢s ARISSAMCGREGOR cOmmIS810n Number 80.2860 My commisslon EgNIres NOTARY PUBLIC October 6, 025 2 LEGAL DESCRIPTION OF EASEMENT AREA-EXHIBIT A A PART OF LOT 1, GREEN HILLS COMMUNITY SUBDIVISION 1ST ADDITION,AN OFFICIAL PLAT IN THE CITY OF AMES,STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF SAID LOT 1;THENCE SOUTH 18°03'13"WEST ALONG THE EAST LINE OF SAID LOT 1,A DISTANCE OF 46.38 FEETTO THE POINT OF BEGINNING;THENCE CONTINUING SOUTH 18003'13"WESTALONG SAID EAST LINE,15.06 FEET;THENCE NORTH 76°52'41"WEST,34.86 FEET; THENCE NORTH 68049-14" WEST, 17.38 FEET; THENCE NORTH 42°50'49" WEST, 15.05 FEET; THENCE NORTH 83017'02" WEST, 22.34 FEET;THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 84.00 FEET, WHOSE ARC LENGTH IS 33.15 FEET AND WHOSE CHORD BEARS NORTH 73°35'39" EAST, 32.94 FEET; THENCE SOUTH 42-50-49" EAST, 13.92 FEET; THENCE SOUTH 68°49'14" EAST, 12.86 FEET,THENCE SOUTH 76°52'41" EAST, 35.10 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.03 ACRES (1,149 SQUARE FEET). 3 PREPARED BY&RETURN TO:CIVIL DESIGN ADVANTAGE,4121 NVV URBANDALE DRIVE,URBANDALE,IA 50322,PH:515-369-4400 FAX:615-369-4410 EXHIBIT 'A' - EASEMENT PLAT WATER MAIN EASEMENT DESCRIPTION A PART OF LOT 1, GREEN HILLS COMMUNITY SUBDIVISION 1ST ADDITION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; 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 CONTINUING SOUTH 18103'13" WEST ALONG SAID EAST LINE, 15.06 FEET; THENCE NORTH 76-52'41" WEST, 34.86 FEET; THENCE NORTH 68'49'14" WEST, 17.38 FEET; THENCE NORTH 42'50'49" WEST, 15.05 FEET; THENCE NORTH 83-17'02" WEST, 22.34 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 84.00 FEET, WHOSE ARC LENGTH IS 33.15 FEET AND WHOSE CHORD BEARS NORTH 73'35'39" EAST, 32.94 FEET; THENCE SOUTH 42'50'49" EAST, 13.92 FEET; THENCE SOUTH 68'404" EAST, 12.86 FEET; THENCE SOUTH 76'52'41" EAST, 35.10 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.03 ACRES (1,149 SQUARE FEET). S76°52'41"E 36.10' EXISTING 15' WATER MAIN EASEMENT S68049'14"E 12.86' INST #87-10317 BK 252, PG 84 S42°50'49"E 13.92' NE CDR LOT 1 A=22°36'40"L=33.15' POINT OF COMMENCEMENT R=84.00' CH=32.94' CHB=N73°35'39"E q P PRC�SG __ N MI�TpN ORI�E CDUNP.100— GIoD i� �6 094N GO 4 .� // S403'13"W 46 38' vA POINT OF / BEGINNING N83°17'02"W 22.34' S18003'13"W 15.06' \ WATER MAIN N42050'49"W 15.05' EASEMENT / 1 S PARCEL 'G'. / GREEN HILL COMMUNITY GREEN HILLS / 1ST ADDITION COUNTY AUDITOR' i SUBDINSION GATEWAY— 1ST ADDITION SUBDIVISION 201 8-09 46 4 N68049'14"W 17.38I wst# N76052'41"W 34.86' N SCALE 1"=40' 0' 40' P.T LOTLLSC 1, 4121NWURBANDALE 50322 E GREEN HILLS COMMUNITY � ue6ANOALE,lA SoazzISUBDIVISION 1ST ADDITION PH:(515)369-4400 121/ 3 EASEMENT PLAT aMES.IOWA CIVIL DESIGN ADVANTAGE