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Home My WebLink About~Master - Permanent Sanitary Sewer and Temporary Construction Easement from John R. Crane Instr. Number: 2024-06810 Recorded: 9/19/2024 at 8:36:40.0 AM County Recording Fee: $32.00 Instr. Number: 2024-06786 Iowa E-Filing Fee: $3.60 Recorded:911812024 at 11:05:33.0 AM Combined Fee: $35.60 County Recording Fee: $32.00 Stacie L. Herridge - Recorder Iowa E-Filing Fee: $3.60 Transfer Tax: Combined Fee: $35.60 Story County, Iowa Stacie L Herridge -Recorder Transfer Tax: Story County, Iowa SPACE ABOVE RESERVED FOR OFFICIAL USE Legal description: See 2Kes 4&6 Returadommentte: Uy Clerk,515ClukAventte—P.O BoxS11,AmesIA500I0 DccumaApreparedby:Victorian Peilmeyer:C*ofAmesLegi 515CbxkArvre.,Ames,IA50010-515239-5146 Permanent SaWtary Sewer&Temporary Construction Easements Know All Persons: The undersigned, John R. Crane an unmarried. person, (hereinafter referred to as the'Grantor'),his successors and assigns,for valuable cox2sideration the sufficiency of which is hereby a6mowledged, does hereby grant unto the Giy 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 herein 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 Iand situated in Story County, Iowa, as shown on the attached Easement Exhibits, and described as follows: For the use of a sanitary serer system: The real property described in Schedule i and as shown on Exhibit'AA attached hereto and by this reference made a part hereof(the"Easement Area"): Grantee small have the right within the permanent EasementArea to design,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,at Grantee's expense,subject to the following terms and conditions: i 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 or improvement or any trees,shrubs or other landscape plantings other than a ass 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 irnprovemeat ofthe Grantee located within the Easement Area, which shall include the right to remove obstructions within the Easement.Area a Temporary Easement for Construction. In addition to the permanent easement granted herein over the Easement Area as that term is defined above,Grantee shall have the right,as reasonably necessary for constructionpurposes,to temporarily encroach upon the land of Grantor as shown on the Exhibit"B"and Iegally described in Schedule.z attached hereto (the temporary easement arca"). Grantee agrees that the temporary easement rights granted small terminate upon the City's completion of the sanitary severer 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 Easement Area and/or the temporary easement area,weather and season.permitting, Grantee shall return the Ea xaenzArea and the temporazyeasement arm to its condition prior to said work-and cover seeding with pollinator—native grass mixture,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 easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. S Title Warranty.The Grantor warrants to the Grantee that the Grantor holds the real estate that is the subject of the easements granted herein by title in fee simple;and that the Grantor has good and Iawful authority to grant the easement rights herein provided for. 6 Successors. The easements granted herein 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. In Witness Whereof the undersigned has executed this instrument on PG 7k 1? zoz4. N R.CRANE STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on kia, r 2024,by John R. Crane. NOTARY BLIC RENEE HALL i Commission Number 927148 My Commissi Tres �OWP g .aF�� Easements accepted by the Grantee-City of Ames OHN JOINER, P lic Works Director EXHIBIT A PERMANENT SANITARY SEWER EASEMENT LEGAL DESCRIPTION-PERMANENT SANITARY SEWER EASEMENT A PART OF SEYMOUR HEIGHTS SUBDIVISION IN SECTION 7,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P.M.,STORY COUNTY,IOWA;MORE PARTICUARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF SAID SEYMOUR HEIGHTS SUBDIVISION;THENCE S 00°52'25"E ON THE EAST LINE OF SAID SUBDIVISION TO THE POINT OF BEGINNING AND CENTERLINE OF A 40 FOOT LINCOLN WAY WIDE SANITARY SEWER EASEMENT,180.00 FEET;THENCE S 89'07'35"W TO THE POINT OF ENDING ON THE EAST RIGHT-OF-WAY OF S.500TH AVENUE, 760.88 FEET.SAID EASEMENT TERMINATES ON SAID EAST LINE OF SEYMOUR SUBDIVISION AND SAID EAST RIGHT-OF-WAY OF S.500TH 7- AVENUE. j I THE DESCRIBED EASEMENT CONTAINS 0.69 ACRES(30,435.0 S.F.),MORE OR Q I LESS. 2 CD I I moo I I � I II II 1 NW CORNER NE CORNER SEYMOUR HEIGHTS SD. SEYMOUR HEIGHTS SD. co co I OI N o of o ---- ------^--- P.O.B. P_O_E. OR 0 200 0 I � OJ�4) LEGEND MONUMENT FOUND P.O.B. POINT OF BEGINNING P.O.E. POINT OF ENDING 1 Schedule;-Legal Description of Permanent Sanitary Sewer Easement Area A PART OF SEYMOUR HEIGHTS SUBDIVISION IN SECTION 7, TOWNSHIP 83 NORTH, RANGE 2-4 WEST OF THE 5 TH P-M_, STORY COUNTY, IOWA;MORE PARTICUARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SEYMOUR HEIGHTS SUBDIVISION;THENCE S 00°52'25"E ON THE EAST LINE OF SAID SUBDIVISION TO THE POINT OF BEGINNING AND CENTERLINE OF A 4o FOOT WIDE SANITARY SEWER EASEMENT,180.00 FEET;THENCE S 89007'35"W TO THE POINT OF ENDING ON THE EAST RIGHT-OF-WAY OF S. 50oTH AVENUE, 76o.88 FEET. SAID EASEMENT TERMINATES ON SAID EAST LINE OF SEYMOUR SUBDIVISION AND SAID EAST RIGHT-OF-WAY OF S. 506"AVENUE_ THE DESCRIBED EASEMENT CONTAINS o.69 ACRES (30,435.0 S.F.), MORE OR LESS. EXHIBIT B TEMPORARY SANITARY SEWER EASEMENT LEGAL DESCRIPTION-TEMPORARY SANITARY SEWER EASEMENT A PART OF SEYMOUR HEIGHTS SUBDIVISION IN SECTION 7,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P.M.,STORY COUNTY,IOWA;MORE PARTICUARLY DESCRIBED AS FOLLOWS- COMMENCING ATTHE NORTHEAST CORNER OF SAID SEYMOUR HEIGHTS SUBDIVISION;THENCE 5 00°52'25"E ON THE EAST LINE OF SAID LINCOLN WAY SUBDIVISION,180.00 FEETTO THE POINT OF BEGINNING OF ATEMPORARY SANITARY SEWER EASEMENT,DESCRIBED AS THE NORTH 50 FEET OFTHE NORTH 80 FEET AND THE SOUTH-10 FEET OF THE SOUTH 30 FEET OF THE FOLLOWING BASELINE;THENCE S 89'07'35"W TO THE POINT OF ENDING ^� ON THE EAST RIGHT-OF-WAY OF S.50P AVENUE,760.88 FEET.SAID EASEMENT TERMINATES ON SAID EAST LINE OF SEYMOUR SUBDIVISION 1 I AND SAID EAST RIGHT-OF-WAY OF S.500T"AVENUE. THE DESCRIBED EASEMENT CONTAINS 1.22 ACRES(53,261.6 S-F.),MORE OR LESS. 1 QI c CD Lo Io I �� I l I f j I NE CORNER I NW CORNER SEYMOUR HEIGHTS SD- SEYMOUR HEIGHTS SD. II r TEMPORARY a I EASEMENT - i _- _- --�; P.O.E. P.O.B. p� TEMPORARY p�h EASEMENT 33' � 0 200 I OJQt� LEGEND MONUMENT FOUND P.O.B. POINT OF BEGINNING I I P.O.E. POINT OF ENDING I Schedule a-Legal Description of Temporary Construction Easement Area A PART OF SEYMOUR HEIGHTS SUBDIVISION IN SECTION 7,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5 TH P.M., STORY COUNTY, IOWA;MORE PARTICUARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SEYMOUR HEIGHTS SUBDIVISION;THENCE S 00052'25"E ON THE EAST LINE OF SAID SUBDIVISION,180.00 FEET TO THE POINT OF BEGINNING OF A TEMPORARY SANITARY SEWER EASEMENT, DESCRIBED AS THE NORTH 6o FEET OF THE NORTH 8o FEET AND THE SOUTH io FEET OF THE SOUTH 3o FEET OF THE FOLLOWING BASELINE;THENCE S 89°07'35"W TO THE POINT OF ENDING ON THE EAST RIGHT-OF-WAY OF S. 5001H AVENUE,76o.88 FEET. SAID EASEMENT TERMINATES ON SAID EAST LINE OF SEYMOUR SUBDIVISION AND SAID EAST RIGHT-OF-WAY OF S. 500TH AVENUE. THE DESCRIBED EASEMENT CONTAINS 1.22 ACRES (53,261.6 S.F.),MORE OR LESS.