HomeMy WebLinkAbout~Master - Storm Sewer and Drainage Easement from Van-Wall Equipment, Inc. Instr. Number: 2024-05552
Recorded: 8/5/2024 at 2:52:29.0 PM
County Recording Fee: $17.00
Iowa E-Filing Fee: $3.32
Combined Fee: $20.32
Stacie L. Herridge - Recorder
Transfer Tax:
Story County, Iowa
SPACE ABOVE RESERVED FOR O F F I C IA L USE
Legal description:See page 3.
Return document to:City Clerk,515 Clark Avenue,Ames IA 50010
Document prepared by:Mark O.Lambert,515 Clark Ave.,Ames,IA 50010—515-239-5146
Storm Sewer &Drainage Easement
Know All Persons: The undersigned, Van-Wall Eq"uipment. Inc., an Iowa corporation,
(hereinafter referred to as the"Grantor"),its successors and assigns,for valuable consideration the
sufficiency of which is hereby acknowledged, does hereby grant unto the QtY of Ames. Iowa. a
municipal corporation, its successors and assigns (hereinafter referred to as the "Grantee"), 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 is a strip of land situated in Story County,Iowa,described as
follows:
For the use of a storm sewer system and for drainage:
The real property shown on 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 Grantors and shall be accepted and exercised by the Grantee,if at all,subject to the following
terms and conditions:
i Obstructions Prohibited.The Grantor,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 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.The Grantee shall have the right to prevent damage to a permitted improvement of the
Grantee located within the Easement Area,which shall include the right to remove obstructions
within the Easement Area.
Z 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.
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.
Easement P a g e 12
4 Title Warranty.The Grantor warrants to the Grantee that the Grantor holds the Easement Area
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 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.
I Witness Whereof the undersigned has executed this instrument on
, dNt Z 5 2024.
VAN-WALL EQUIPMENT,INC.
t
By:
SIGNATURE 7-
d MAI
NAME PRINTED
TITLE OF AUTHORIZED SIGNER
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acin owledged before me on Kltit Z 2024,by
C:.IN ViK!!WAjf l.elt (insert name)as 13AE c
(insert title)of Van-Wall Equipment,Inc.
owu'w rRA4� A2,--
ARY PUBLIC
LEGAL DESCRIPTION OF EASEMENT AREA
That part of Parcel'C'(simultaneous survey)of the Northwest Quarter of Section 18,Township 83 North,
Range 23 West of the 5th P.M., City of Ames, Story County, Iowa, more particularly described as
follows:
BEGINNING at the Northwest Corner of Lot 1,Plat of Minard's Plat No. 1;thence N88°38'06"E on the
North line of said Lot 1, a distance of 10.00 feet; thence S02°14'35"E, a distance of 266.92 feet to the
South line of said Parcel 'C; thence S84°31'25"W on said South line, a distance of 40.06 feet; thence
NO2"14'35"W, a distance of 276.79 feet to North line of said Parcel 'C'; thence N88°38'06"E on said
North line, a distance of 30.00 feet to the Northeast Corner of an existing Drainage Ditch Right of Way
Permit and Easement, recorded in Book 121, Page 539, located at the Story County Recorder's Office;
thence S02°14'35"E on the East line of said existing Drainage Ditch Right of Way Permit and Easement,
a distance of 7.00 feet to the POINT OF BEGINNING, containing a total of 10,944 square feet, and
being subservient to any and all prior easements,be they of record or not.
PLAT OF SURVEY SURVEY LOCATION LEGEND INDEX LEGEND Instr. Number: 2024-05551
SEE PAGE 2 FOR LEGAL DESCRIPTIONS � A FOUND SECTION CORNER AS NOTED Location: Section: 18-83-23-NW NW
��I���_ • FOUND YELLOW CAPPED 1/2"REBAR#8136 Recorded: 8/5/2024 at 2:52:29.0 PM
STREET T Subdivision:Minard's Plat No. 1 - Lot:1 County Recording Fee: $12.00
r 1 _t+ � FOUND RED CAPPED 1/2"REBAR#8655 Requestor:Van-Wall Equipment, Inc. Iowa E-Filing Fee: $3.22
DETAIL SOUTHEAST 16TH I ® FOUND 1l2"REBAR OR AS NOTED
(NOT TO SCALE) P.O.B.GUY WIRE EASEMENT i + � ♦ CALCULATED CORNER(NOTHING FOUND/SET) Proprietor:Van-Wall Equipment,Inc. Combined Fee: $15.22Surveyor: Brad M.Beck,P.E.,P.L.S.#17765 Stacie L. Herridge - Recorder
2 I S18-T83N-R23W O SET YELLOW CAPPED 1/2"REBAR#17765 Surveyor Beck Engineering, Inc. Transfer Tax:
❑ SET MAG NAIL IN ASPHALT PAVEMENT
I v �l I�, LL--------� Company:2480 Berkshire Pkwy. Story County, Iowa
I D GUY WIRE EASEMENT I-' ;$( SET CUT"X"IN CONCRETE PAVEMENT
ca AREA=77 S.F. � LINE BEARING DISTANCE I Clive, Iowa 50325
O O LJ L1 N88°38'06"E 59.04' I RECORD DIMENSION AS PER:PLAT Return To:info@beck-engineering.net (515)330-1538
Z C 8'24"W 60.0 ' I ( ) BOOK 8,PAGE 25,INSTRUMENT#:2016-10637
L3 S06°3
= PART OF THE L4 N83°28'36"W 6.00' I AND INSTRUMENT#:2016-11295
C� FR'L NW114 NW114 SECTION 18.83.23 L5 N06°31'24"E 12.46' I N1/4 COR.SEC.18-83-23
FD.DOT MONUMENT(BROKEN)
L M ———
------------------J (INSTRUMENT#:98D8166)
—————————— 2,921.20' (2,921.26')
N88
NwcoR. °38'06"E SOUTHEAST 16TH STREET . .2,571.23'
-
SEC.18-83-23
299.97'
FD.DOT MARKER 50.00' (50,00') W W I N a NE COR.
(INSTRUMENT I w 91 o . l
#:98-06469) 3-2
w o 599.20' (599.29') LOT 2
299.89' I o .
P.O.C.PARCEL'C' I ______ S88°38'06"W 7.00' (T) o S88°38'06"W
PA•C.GUY WARE r — I 404.94' (405.0))
ENT
P.O.B.
u 1 I i ( 194.26' (194.29')
- PARCEL'C' LOT 2 GRAPHIC ALE
— ----- J ! j MINARD'S PLAT No. 1 D 25 50
SEE DETAIL J--
LOT 1 FEMA NOTES:
10'I"'— -THE SPECIAL FLOOD HAZARD AREA DOES AFFECT THE ENTIRE PROPERTY.
STORM SEWER AND —�10 MINARD'S PLAT No. 1
I I -PARCELS LIE WITHIN THE SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE FIRM
I (PLAT BOOK 8,PAGE 25) PANEL 19169CO164F EFFECTIVE 1115/2021.
I I DRAINAGE EASEMENT I I 1.13ACRES
I AREA=10,944 S.F. I I a I SURVEYOR'S NOTES:
I I (SEE PAGE 2) I 1 m I -(FRONTAGE ROAD)SEE DEED OF DEDICATION IN BOOK 121,PAGE 651,LOCATED
I I I I AT THE STORY COUNTY RECORDER'S OFFICE.
O I PART OF THE Z -(SURVEY PLAT)SEE SURVEY RECORDED IN PLAT BOOK 7,PAGE 97,LOCATED AT
in= o-4 THE STORY COUNTY RECORDER'S OFFICE.
I Cn FR'L NW114 NW114 I l m W; o W
(PARCEL"A")SEE ACQUISITION PLAT RECORDED IN INSTRUMENT#:2016.10637&
N I o _, " " ° 2016-10429,LOCATED AT THE STORY COUNTY RECORDER'S OFFICE.
r„ =v I o SECTION 18-83.23 I o o
o . I �, co A I I 7,o Cn
W -(PARCEL"B")SEE ACQUISITION PLAT RECORDED IN INSTRUMENT#:2016-10637&
o°o v I m 1,62 ACRES I 1 i'� : I ::�0 2016-10429,LOCATED AT THE STORY COUNTY RECORDER'S OFFICE.
3 I I I o> I -(PARCEL)SEE ACQUISITION PLAT RECORDED IN INSTRUMENT#:2016-11295,
m E9. I I 10 m I LOCATED AT THE STORY COUNTY RECORDER'S OFFICE.
Z
o I I I � i�
-WHEN USED IN CONJUNCTION WITH LEGAL DESCRIPTIONS,BEARINGS ARE
ASSUMED TO BE REVERSED WHERE APPLICABLE.
I D ( i i J z -FOR THIS SURVEY,THE NORTH LINE OF THE NW1/4 OF SAID SECTION 18 IS
PARCEL 1 C' I 1 I ASSUMED TO BEAR N88°38'06"E AS SHOWN FROM THE IOWA REGIONAL
COORDINATE SYSTEM,ZONE 8:AMES-DES MOINES.ALL DISTANCES MEASURED
rn
3.07 ACRES TOTAL ( I I 18.35' (18.26') USING THE U.S.SURVEY FOOT.
I I I � I N85°21'18"E ______
PARCEL I I -4-------
ACGESs&ELECTRICAL I I I STORM WATER I hereby certify that this land surveying document
UTILITY EASEMENT I I DETENTION EASEMENT _—— was prepared and the related survey work was
(INSTRUMENT#:2021-01166) 299 78' (SEE BOOK 220,PAGE 201)—
tHATCHED AREA] Ng4°31'25"E _ — \\\\����IIIEINIG//���// performed by me or under my direct personal
w0-"' supervision and that I am a duly licensed
REBAR I D o 30'PERMANENT EASEMENT �y• BRAD M.••• g Professional Land Surveyor under the laws of
I o o (SEE INSTRUMENT#:2013-02706) _ BECK ; E the State of Iowa.
FRONTAGE ROA
I N FORMER m o - ,,,s5 'yam
I N 0.32 ACRES I
150.07' (59.28') 166.39' 166.39' N84°31'25"E *IOWA* \\ Date: Brad M.Beck,P.E.,P.L.S.417765
( 9.
50') 109.45' (109.35) ( S86°50'02"E ) ///777//11111111111��\\\ License renewal date: 12/31/2025
N87°3833"W w n o �� 155:16'
I PARCEL B
PARCEL"A" I N84°31'25"E
60.00' 165.86' (165.86') 324.24' Pages certified by this seal:2
I (60� N84°31125"E
PAGE: 1 OF 2
SW COR, PRIMARY ROAD N0.US 30 -
FR'L NW114 NW1/4
I hereby certify on 7—013 -a 4/ that the Plat of Survey is consistent BEI PROJECT#:S24003ArX
SEC.18-83-23 with C ter 23 of the Amep Municipal Code and any conditions of approval. SURVEYED:MAY,2024 BYJAJ
FD.IOWA DOT PLUG AT CENTER OF CUT"X"IN CONCRETE PAVING Civil Engineering-Land Surveying
(INSTRUMENT#:04-02328) Planning&Frousing Director DRAFTED:JUNE,2024 BYAJ Landscape Architecture-Architecture
STORM SEWER AND DRAINAGE EASEMENT LEGAL DESCRIPTIONS PAGE:2 OF 2
Legal Description for Parcel'C':
SOUTHEAST 16TH STREET NW COR.LOT 1 NE COR. Lot One(1),Minard's Plat#1,City of Ames,Story County,Iowa;subject to any easements and restrictions of record.(Instrument#:2010-00009442)
P.O.B. LOT 1 AND
299,89 N88°38'06"E194.26' (194.29') N88'38'06"E The West 300 Feet(except the North 33 Feet)of the following described tract:All that part of the Northwest 1/4 Section 18,Township 83 North,Range 23
C7 -1 West of the 5th P.M.,in StoryCounty, Iowa,lying norther) of the R.O.W.line of U.S. Highway No.30,and the interchange of Interstate 1.35 and said Highway
Y 9 Y g Y g 9 Y
NW COR. I I No.30,said tract being further described as follows:"Beginning at a point on the north line of said Northwest 114 of Section 18 which is 50 feet easterly from
PARCEL'C' 7.00' (7,) ruol
the Northwest corner thereof;thence North 89°16'East,along the north line of the Northwest 1/4, 1817.95 feet;thence southwesterly along a 1083 foot radius
So2°14'35"E I curve,concave to the Northwest,the long chord of which bears South 66°45'20"West,an arc distance of 623.8 feet.(Said line being 60 feet normally distant
1-►I 20' N88°38'06"E from the edge of slab of Ramp A);thence south 84'48'30"West 698.45 feet to a point which is 130 feet normally distant from the centerline of U.S.No.30;
I 1 thence south 85008'West,along the line parallel to and 130 feet distant from the center of U.S.No.30,550.7 feet to the west line of a public road;thence
__A10, 101•.— North 1°39'30"West,along the west line of said road,329.4 feet to the point of beginning."subject to any easements and restrictions of record.(Instrument#:
2020-05310)
STORM SEWER AND 1 I o I AND
DRAINAGE EASEMENT I I The City of Ames public street right-of-way described and recorded in the Deed of Dedication,Instrument Number 3091,Book 121,Pages 651 -653,dated
AREA=10,9 S.F. ; I �I May 22, 1973,except that portion conveyed to the State of Iowa and described in the Quit Claim Deed,Instrument Number 2016-00010429,dated October
I m 19,2016,all in Story County, Iowa.(Instrument#:2021-01165)
Metes and Bounds Description for Parcel'C':
PART OF THE I i m� 01 Part of the Northwest Quarter of Section 18,Township 83 North,Range 23 West of the 5th P.M.,City of Ames,Story County,Iowa,more particularly
FR'L NW114 NW114 o I I o 01 N described as follows:COMMENCING at the Northwest Corner of said Section 18;thence N88038'06"E on the North line of said Northwest Quarter,a distance
SECTION 18-83-23 °1 I o °1 LOT 1 of 50.00 feet to the Northeast Corner of a Parcel of Land(as shown in Quitclaim Deed filed as Instr.Number 2016-00011295,located at the Story County
�1 MINARD'S PLAT No. 1 Recorder's Office);thence S02°22'19"E on the East line of said Parcel of Land,a distance of 33.01 feet to the South Right-of-Way line of Southeast 16th
II^' Street,said point being the POINT OF BEGINNING;thence continuing S02°22'19"E on said East line,a distance of 271.10 feet to the Southeast Corner of
�I I m A I said Parcel of Land,said point also being the Northwest Corner of Parcel'B'(as shown in Quitclaim Deed recorded as Instrument#:2016-00010637,located
co
1 I w g I N at the Story County Recorders Office);thence S86 50 02 E on the North line of said Parcel B,a distance of 166.39 feet to the East Corner of said Parcel B,
a I thence N84°31'25"E on the Northerly Right-of-Way line of Primary Road No.U.S.30,a distance of 324.24 feet to the Southeast Corner of Lot 1,Minard's Plat
o I No. 1;thence N01 018'57"W on the East line of said Lot 1,a distance of 253.95 feet to the Northeast Corner of said Lot 1;thence S88038'06"W on the North
PARCEL line of said Lot 1,a distance of 194.26 feet to the Northwest Corner of said Lot 1,thence N02014'35"W on the Northerly extension of the West line of said Lot
v I I T I 18.35' (18.26) 1,a distance of 7.00 feet to said South Right-of-Way line of Southeast 16th Street;thence S88°38'06"W on said South Right-of-Way line,a distance of 299.89
ACCESS&ELECTRICAL 1 I z I N85°21'18"E feet to the POINT OF BEGINNING,containing a total of 3.07 acres,and being subject to any and all easements be they of record or not.
UTILITY EASEMENT
(INSTRUMENT#:2021 EASE _f
11 I I STORM WATER Legal Description for Storm Sewer and Drainage Easement:
[HATCHED AREA] I I DETENTION EASEMENT That part of Parcel'C'(simultaneous survey)of the Northwest Quarter of Section 18,Township 83 North, Range 23 West of the 5th P.M.,City of Ames,Story
(SEE BOOK220,PAGE 201) County,Iowa,more particularly described as follows:
WIDTH VARIES
W— — BEGINNING at the Northwest Corner of Lot 1,Plat of Minard's Plat No. 1;thence N88°38'06"E on the North line of said Lot 1,a distance of 10.00 feet;thence
30'PERMANENT EASEMENT
Q (SEE INSTRUMENT#:2013-02705) S02°14'35"E,a distance of 266.92 feet to the South line of said Parcel'C;thence S84°31'25"W on said South line,a distance of 40.06 feet;thence
FORMER FRONTAGE ROAD m a NO2°14'35"W,a distance of 276.79 feet to North line of said Parcel'C;thence N88°38'06"E on said North line,a distance of 30.00 feet to the Northeast
/ SB4°31'25"W Corner of an existing Drainage Ditch Right of Way Permit and Easement,recorded in Book 121, Page 539,located at the Story County Recorder's Office;
40,06' GRAPHIC SCALE thence S02°14'35"E on the East line of said existing Drainage Ditch Right of Way Permit and Easement,a distance of 7.00 feet to the POINT OF
103.76' 155.16' US 30 BEGINNING,containing a total of 10,944 square feet,and being subservient to any and all prior easements,be they of record or not.
N84°31'25"E PRIMARY ROAD N , p 25 50
(1"=50') Legal Description for Guy Wire Easement:
That part of Parcel'C'(simultaneous survey)of the Northwest Quarter of Section 18,Township 83 North, Range 23 West of the 5th P.M.,City of Ames,Story
County,Iowa,more particularly described as follows:
COMMENCING at the Northwest Corner of said Section 18;thence N88°38'06"E on the North line of said Northwest Quarter,a distance of 50.00 feet to the
Northeast Corner of said Parcel of Land(as shown in Quitclaim Deed filed as Instr.Number 2016-00011295,located at the Story County Recorder's Office);
thence S02°22'19"E on the East line of said Parcel of Land,a distance of 33.01 feet to the South Right-of-Way line of Southeast 16th Street;thence
N88°38'06"E on said South Right-of-Way line,a distance of 59.04 feet to the POINT OF BEGINNING;thence continuing N88°38'06"E on said South line,a
distance of 6.00 feet;thence S06°31'24"W,a distance of 13.00 feet;thence N83°28'36"W,a distance of 6.00 feet;thence N06031'24"E,a distance of 12.46
feet to the POINT OF BEGINNING,containing a total of 77 square feet,and being subservient to any and all prior easements be they of record or not.