HomeMy WebLinkAboutA010 - Storm Sewer Easement from RJ Properties of Ames, dated January 21, 2020, Instrument No. 2020-00663 - 2700 Graham Street • Instrument 0: 2020-00663
01/22/2020 10:10:03 AM Total Pages: 3
EASE EASEMENTS
Recording Fee: $ 17.00
Stacie Herridge, Recorder, Story County Iowa
S P A C E ABOVE RESERVE D F O R O F F I. C I A L US E
_ ion: See page 3.
Legal description: p g
Return document to: City Clerk,515 Clark Avenue Ames IA 50010
Document prepared by: City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146
Storm Sewer Easement
Know All Persons: The undersigned, RI Properties of Ames. L.C., an Iowa limited
liabili tY company, (hereinafter referred to as the"Grantor"), its successors and assigrls,.for valuable
consideration the sufficiency of which is hereby
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nowledged,wled ed does hereby grant unto the Cily—of
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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 de- scribed 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,as shown on the attached Easement Exhibit,and described as follows:
For the use of a storm sewer system:
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:
1 Obstructions Prohibited. The Grantor, as the fee simple owners of the underlying real es-
tate, and the Grantors' successors and assigns, shall not erect or place within the Easement Ar.-
ea 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.
2 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 ?
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 ease-
ment 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.
In Witness Whereo
f th
e undersigned has executed this instrument on
jA I-teA S/ . 20 2U
RJ PROPERTIES OF AMES, L
By
SIGNATURE
Ji�levi e ��l/P�
NAME PRINTED
TITLE OF AUTHORIZED SIGNER
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on ao 2-0 ,by
I/u levf,c Ail'Ifey (insert name)as G
(insert title)of RJ Properties of Ames, L.C.
NOTARY PUBLIC
$P504 s Cassandra R Pirtle
Commission Number79M91
My Commission Expires
IOJ�P December 08,2021
Ie
1
EXHIBIT A
PREPARED BY:PELDS ENGINEERING CO -2323 DIXON STREET DES MOINES IOWA 50316-PH.(515)265-8196
STORM SEWER EASEMENT EXHIBIT
PCI T QF
COMN�UNITY
M LOT 1,AES G�.
DEVELOPMENT PARK,
THIRD ADDITION _
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O
SO'59'05'E 4.15' -
Nl'02'36'E 5.45' PRDP05ED 20 S RM
WATER EASEMENT
N89'06' 13"E 50.95'�
2000 6060 SO.FT.
8'49'37'W 47.39'
--
NO'14' 29"W 14.23'
07' 33"W 15.39'
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Scale in Rd
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LEGAL DESCRIPTION:
COMMUNITY
A PART OF LOT 1,AMES MOM) RZAK DEVELOPMENT PARK THIRD ADDITION,AN OFFICIAL PLAT,ALL BEING
IN THE CITY OF AMES, STORY COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS THE FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1;
THENCE SOUTH 01°02'36"WEST,ALONG THE WEST LINE OF SAID LOT 1,A DISTANCE OF 187.42 FEET.TO THE
POINT OF BEGINNING;
THENCE NORTH 89°22'37"EAST,A DISTANCE OF 303.10 FEET,TO AN EASTERLY LINE OF SAID LOT 1;
THENCE SOUTH 00°59'05"EAST,ALONG THE SAID EAST LINE,A DISTANCE OF 4.15 FEET,TO AN EASTERLY
CORNER OF SAID LOT 1;
THENCE SOUTH 88°49'37"WEST,ALONG A SOUTHERLY LINE OF SAID LOT 1,A DISTANCE OF 47.39 FEET,TO AN
EASTERLY CORNER OF SAID LOT 1;
THENCE SOUTH 00°07'33"WEST,ALONG AN EASTERLIY LINE OF SAID LOT 1,A DISTANCE OF 15.39 FEET,,
THENCE SOUTH 89°22'37"WEST,A DISTANCE OF 306.74 FEET,TO A WESTERLY LINE OF SAID LOT 1;
THENCE NORTH 00°14'29"WEST,ALONG THE SAID WESTERLY LINE,A DISTANCE OF 14.23 FEET,TO A
WESTERLY CORNER OF SAID LOT 1;
THENCE NORTH 89°06'13"EAST,ALONG A NORTHERLY LINE OF SAID LOT 1,A DISTANCE OF 50.95 FEET,TO A
WESTERLY CORNER OF SAID LOT 1;
THENCE NORTH 01'02'36"EAST,ALONG THE SAID WESTERLY LINE OF SAID LOT 1,A DISTANCE
OF 5.45 FEET,TO THE POINT OF BEGINNING,CONTAINING 6,060 SQUARE FEET, MORE OR LESS.
NOTE PE
THIS DRAWING IS BEING MADE AVAILABLE BY PELDS ENGINEERINGTHIL A
COMPANY(P.E.C.)FOR USE ON THIS PROJECT IN ACCORDANCE WI P.E.C's AGREEMENT FOR PROFESSIONAL SERVICES.P.E.0 ASSUMESaNO REPSONSIBILITY OR LIABILITY(CONSEQUENTIAL OR OTHERWISE)FOR ANY USE OF THESE DRAWINGS(OR ANY ART THEROF)EXCEPT COMPANY
IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENT.
DRAWN BY:J.PINNELLO Architecture I Engineering I Surveying
2323 Dixon Street,Des Moines,Iowa 50316 1 P.O.Box 4626,Des Moines,Iowa 50305[P:515 265 8196 _