Loading...
HomeMy WebLinkAbout~Master - Permanent Sanitary Sewer and Temporary Construction Easement from George Belitsos and Peter Q. Wolfe Instr. Number: 2024-06787 Recorded: 9/18/2024 at 11:41:22.0 AM County Recording Fee: $32.00 Iowa E-Filing Fee: $3.60 Combined Fee: $35.60 Stacie L. Herridge - Recorder Transfer Tax: Story County, Iowa SPACE ABOVE RESERVED FOR OFFICIAL USE Ltgaldesetrip pion,&epe'ges4&6 Return documentto: C C1e&-5I5ClarkAvenue—P.G.Box8lLAmesIA50010 .Dw mentpreparedby:VlcWriaAk F cyee�.CiLYOEA sUSW 5IS cAv ,Ar s;1A50010-51, -L3 Sl46 F Permanent Sanitary Sewer&Temporary Construction Easement Know All Persons: The undersigned, ore Belitsos amd Peter Q. ' vlf t a married couple, hereinafter referred to as the "Grantors"), their successors and assigns, for valuable consideration the sufficiency of which is hereby acknowledged,do hereby grant unto the Ca' lr o 'A�xce Iowa, a municipal corporation,its successors and assigns (hereinafter referred to as the"Grantee"), upon the conditions hereinafter recited, the perpetual right to entez 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 EasementArea from adjacent public rights-of-way.The Easement Area is a strip of land situated in Story County,Iowa,as shown on the attached Easement Exhibits,and described as follows: For the use of a sanitary sewer system: The real property described in Schedule 1 and as 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 Grantor and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions- 1 Obstructions Prohibited.The Grantors,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 Temporary Construction Easement. In addition to the permanent easement granted herein, during the initial construction of the improvements that Grantee is authorized to make within the Easement Area under this Agreement, Grantee shall have the right, as reasonably necessary for construction purposes, to temporarily encroach upon the land of Grantors as shown on the Exhibit `B" and legally described in Schedule a attached hereto_ Grantee agrees that the temporary easement rights granted shall terminate upon the City's completions of the sanitary sewer system contemplated herein, or 18 months from the date of this easement, whichever is sooner. 3 Restoration.Immediately following construction,reconstruction,or repair work by the Grantee within the EasenuentArea,weather and season permitting,Grantee shall return the Easement Area to its condition prior to said work,which shall include,but is not limited to,a restoration of all prairie plantings,at Grantee's sole cost. 4 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-anent rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 5 Title Warranty,The Grantors warrant to the Grantee that the Grantors hold the Easement Areas by tide in fee simple;that the Grantors have good and lawful authority to grant the easement rights herein provided for. 6 Successors. This Easement shall be binding upon successors and/or assigns of both the Grantor and Grantee. 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_ jg.�- In Wi ss Whereof the undersigned has executed this instrument on aoz 7G-E B ITS Q. PETER .WOLFE OF IOWA,COUNTY OF STORY,SS.: a -- This instrument was acknowledged before me on 62 0`e, 1_77__ ,zo74,by George Belitsos and Peter Q.Wolfe. ; _4 CHUCK E WINKLEBLAClC a Is, Commission Number 747077 NOTARY PUBLIC e My Commission Expires May 24,2025 EXHIBIT A SANITARY SEINER EASEMENT LEGAL DESCRIPTION—SANITARY SEWER EASEMENT A PART OF THE WEST HALF OF THE NORTHWEST FRACTIONAL QUARTER, EXCEPT THE SOUTH 40 ACRES THEREOF AND EXCEPT A TRACT OF LAND DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST FRACTIONAL QUARTER RUNNING THENCE EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 783 FEET,THENCE SOUTHERLY 747 FEET,THENCE WEST 791.65 FEET,THENCE NORTH 747.05 FEET,TO THE PLACE OF BEGINNING;AND EXCEPT SEYMOUR HEIGHTS SUBDIVISION IN STORY COUNTY,IOWA,AND EXCEPTALL ROADWAYS AND EASEMENTS OF RECORD PREVIOUSLY GRANTED TO THE STATE OF IOWA,STORY COUNTY, IOWA OR OTHERS;AND EXCEPTTHE PARCEL DESCRIBED AS COMMENCING LINCOLN WAY ATTHE NORTHWEST CORNER OF SECTION 7,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5n"P.M.,STORY COUNTY,IOWA,THENCE EASTALONG THE NORTH SECTION LINE OF SAID SECTION 7,1247 FEET,THENCE SOUTH 80 FEET TO THE POINT OF BEGINNING,THENCE EAST 250 FEET,THENCE S 1'.25' W 348.5 FEET,THENCE WEST 250 FEET,THENCE N 1.25'E 348.5 FEETTO THE POINT OF BEGINNING.ALL IN SECTION 7,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE STH P.M.,STORY COUNTY,IOWA;MORE PARTICUARLY DESCRIBED AS FOLLOWS- COMMENCING ATTHE SOUTHWEST CORNER OF LOT 65,BENTWOOD SUBDIVISION lrr ADDITION,STORY COUNTY,IOWA;THENCE N 00`02'28"E ONTHE WEST LINE OFSAID BENTWOODSUBDIVISION 1s'r ADDITION,13.68 FEETTO THE POINT OF BEGINNING OF A 40 FOOT WIDE SANITARY SEWER EASEMENT,THE CENTERLINE DESCRIBED AS FOLLOWS;THENCE S 74°00 28" W,715.63 FEET;THENCE S 89°07'35"W,TO THE POINT OF ENDING ON THE �-------�; EAST LINE OF SAID SEYMOUR HEIGHTS SUBDIVISION,14.96 FEET.SAID P.O.B. EASEM ENT TERM INATES ON SAID BENTWOOD SUBDIVISION WEST LINE AND SAID SEYMOUR SUBDIVISION EAST LINE. THE DESCRIBED EASEMENT CONTAINS 0.67 ACRES(29,223.8 S-F.),MORE OR NORRIS ST. LESS. rA 63 NE CORNER SEYMOUR HEIGHTS SD. --------------- SW CORNER OF LOT 65 P-O.E. BENTWOOD SD.IST ADD- I: 5P LEGEND ® MONUMENT FOUND P-O-B- POINT OF BEGINNING P.O.E. POINT OF ENDING 1 Schedule i-Legal Description of Permanent Sanitary Sewer Easement Area A PART OF THE WEST HALF OF THE NORTHWEST FRACTIONAL QUARTER, EXCEPT THE SOUTH 4o ACRES THEREOF AND EXCEPT A TRACT OF LAND DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST FRACTIONAL QUARTER RUNNING THENCE EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 783 FEET,THENCE SOUTHERLY 747 FEET,THENCE WEST 791.65 FEET,THENCE NORTH 747.05 FEET,TO THE PLACE OF BEGINNING; AND EXCEPT SEYMOUR HEIGHTS SUBDIVISION IN STORY COUNTY, IOWA;AND EXCEPT ALL ROADWAYS AND EASEMENTS OF RECORD PREVIOUSLY GRANTED TO THE STATE OF IOWA, STORY COUNTY, IOWA OR OTHERS;AND EXCEPT THE PARCEL DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF SECTION 7,TOWNSHIP 83 NORTH,RANGE z4 WEST OF THE 5TH P.M., STORY COUNTY, IOWA,THENCE EAST ALONG THE NORTH SECTION LINE OF SAID SECTION 7,1247 FEET,THENCE SOUTH 8o FEET TO THE POINT OF BEGINNING,THENCE EAST 250 FEET,THENCE S"z5' W 348.5 FEET, THENCE WEST 25o FEET, THENCE N 10251 348.5 FEET TO THE POINT OF BEGINNING.ALL IN SECTION 7,TOWNSHIP 83 NORTH,RANGE z4 WEST OF THE 5 TH P.M.,STORY COUNTY,IOWA,MORE PARTICUARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 65, BENTWOOD SUBDIVISION x7 ADDITION, STORY COUNTY, IOWA; THENCE N oo°oz'28" E ON THE WEST LINE OF SAID BENTWOOD SUBDIVISION iST ADDITION, 13.68 FEET TO THE POINT OF BEGINNING OF A 4o FOOT WIDE SANITARY SEWER EASEMENT, THE CENTERLINE DESCRIBED AS FOLLOWS; THENCE S 74°oo'28"W,715.63 FEET;THENCE S 89°07'35"W,TO THE POINT OF ENDING ON THE EAST LINE OF SAID SEYMOUR HEIGHTS SUBDIVISION, 14.96 FEET. SAID EASEMENT TERMINATES ON SAID BENTWOOD SUBDIVISION WEST LINE AND SAID SEYMOUR SUBDIVISION EAST LINE. THE DESCRIBED EASEMENT CONTAINS o.67 ACRES(29,223.8 S.F.),MORE OR LESS. 1 EXHIBIT TEMPORARY SANITARY SEINER EASEMENT LEGAL DESCRIPTION-TEMPORARY SANITARY SEWER EASEMENT APART OF THE WEST HALF OF THE NORTHWEST FRACTIONAL QUARTER, EXCEPT THE SOUTH 40 ACRES THEREOF AND EXCEPT ATRACT OF LAND DESCRIBED AS COMMENCING ATTHE NORTHWEST CORNER OFTHE NORTHWEST FRACTIONAL QUARTER RUNNING THENCE EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 783 FEET,THENCE SOUTHERLY 747 FEET,THENCE WEST 791.65 FEET,THENCE NORTH 747.05 FEET,TO THE PLACE OF BEGINNING;AND EXCEPT SEYMOUR HEIGHTS SUBDIVISION IN STORY COUNTY,IOWA,AND EXCEPT ALL ROADWAYS AND EASEMENTS OF RECORD PREVIOUSLY GRANTEDTOTHE STATE OF IOWA,STORY COUNTY, IOWA OR OTHERS;AND EXCEPTTHE PARCEL DESCRIBED AS COMMENCING LINCOLN WAY ATTHE NORTHWEST CORNER OF SECTION 7,TOWNSHIP 83 NORTH,RANGE 24 WEST OF TH E 5T"P.M.,STORY COUNTY,IOWA,THENCE EAST ALONG THE NORTH SECTION LINE OF SAID SECTION 7,1247 FEET,THENCE SOUTH 80 FEET TO THE POINT OF BEGINNING,THENCE EAST 250 FEET,TH ENCE S 1.25' W 348.5 FEET,THENCE WEST250 FEET,THENCE N 1'25'E 348.5 FEET TO THE POINT OF BEGINNING.ALL IN SECTION 7,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P.M.,STORY COUNTY,IOWA;MORE PARTICUARLY DESCRIBED AS FOLLOWS- COMMENCING ATTHE SOUTHWEST CORNER OF LOT 65,BENTWOOD SUBDIVISION 1"rADDITION,STORY COUNTY,IOWA,THENCE N 00'02'28"E ' ON THE WEST LINE OF SAID BENTWOOD SUBDIVISION 1-ADDITION,13.68 FEETTOTHE POINT OF BEGINNING OF A TEMPORARY SANITARY SEWER EASEMENT,DESCRIBED AS THE NORTH 10 FEET OF THE NORTH 30 FEET AND THE SOUTH 50 FEET OF THE SOUTH 70 FEET OFTHE FOLLOWING BASELINE; THENCE S 74'00'28"W,715-63 FEET;THENCE S 89"07'35"W,TO THE POINT P.O.B. OF ENDING ON THE EAST LINE OF SAID SEYMOUR HEIGHTS SUBDIVISION, 14.96 FEET.SAID EASEMENT TERMINATES ON SAID BENTWOOD -- SUBDIVISION WEST LINE AND S €3SEYMOUR SUBDIVISION EAST LINE, NORRIS ST. TEMPORARY EASEMENT NE CORNER SEYMOUR HEIGHTS SD; `Y SW CORNER OF LOT 65 BENTWOOD SD.1 ST ADD. P.O.E. T��IIIIPORARY EASEMENT I LEGEND MONUMENT FOUND P.O.B. POINT OF BEGINNING P.O.E. POINT OF ENDING I Schedule z-Legal Description of Temporary Construction Easement Area A PART OF THE WEST HALF OF THE NORTHWEST FRACTIONAL QUARTER, EXCEPT THE SOUTH 4o ACRES THEREOF AND EXCEPT A TRACT OF LAND DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST FRACTIONAL QUARTER RUNNING THENCE EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 783 FEET,THENCE SOUTHERLY 79.7 FEET,THENCE WEST 791.65 FEET,THENCE NORTH 747.05 FEET,TO THE PLACE OF BEGINNING; AND EXCEPT SEYMOUR HEIGHTS SUBDIVISION IN STORY COUNTY, IOWA,AND EXCEPT ALL ROADWAYS AND EASEMENTS OF RECORD PREVIOUSLY GRANTED TO THE STATE OF IOWA, STORY COUNTY,IOWA OR OTHERS;AND EXCEPT THE PARCEL DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF SECTION 7,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA,THENCE EAST ALONG THE NORTH SECTION LINE OF SAID SECTION 7,1247 FEET,THENCE SOUTH 8o FEET TO THE POINT OF BEGINNING,THENCE EAST 25o FEET, THENCE S 1°25' W 348.5 FEET, THENCE WEST 2,50 FEET, THENCE N f25'E 348.5 FEET TO THE POINT OF BEGINNING.ALL IN SECTION 7,TOWNSHIP 83 NORTH RANGE z4 WEST OF THE 5 TH P.M., STORY COUNTY, IOWA,MORE PARTICUARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 65, BENTWOOD SUBDIVISION 1ST ADDITION, STORY COUNTY, IOWA; THENCE N 00°02'28" E ON THE WEST LINE OF SAID BENTWOOD SUBDIVISION iST ADDITION, 13.68 FEET TO THE POINT OF BEGINNING OF A TEMPORARY SANITARY SEWER EASEMENT, DESCRIBED AS THE NORTH io FEET OF THE NORTH 3o FEET AND THE SOUTH 5o FEET OF THE SOUTH 7o FEET OF THE FOLLOWING BASELINE;THENCE S 7e00'z8"W,715.63 FEET;THENCE S 89°07'35"W,TO THE POINT OF ENDING ON THE EAST LINE OF SAID SEYMOUR HEIGHTS SUBDIVISION, 14.96 FEET. SAID EASEMENT ; TERMINATES ON SAID BENTIAFOOD SUBDIVISION WEST LINE AND SAID SEYMOUR SUBDIVISION EAST LINE. THE DESCRIBED EASEMENT CONTAINS 1.00 ACRES (43,791.4 S.F.),MORE OR LESS.