HomeMy WebLinkAboutA011 - Water Main Easement from RJ Properties of Ames, dated January 21, 2020, Instrument No. 2020-00664 - 2700 Graham Street ` Instrument U: 2020-00664
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.0 E ABOVE R E S E RVED FOR OFFICIAL USE
Legal description: See page 3.
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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
Water Main Easement
Know All Persons: The undersigned, RI Properties of Ames. L.C., an Iowa limited
liability company, (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 City 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 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 be
tween
een 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 water main 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:
I 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 e a
arrants to the Grantee that the Grantor holds the Easement
4 Title Warranty. The Grantor w
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 Whereof the undersigned has executed this instrument on
,zoyy:
RI PROPERTIES OF AMES,L.C.
By:
SIGNATURE
NAiNE PRINTED
TITLE OF AUTHORIZED SIGNER
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on Jaaux!!t6_ 1, zo by
VXttVfr_ ltiti'j(C✓ ,(insert name)as Gt y
(insert title)of RJ Properties of Ames,L.C.
NOTARY PUBLIC
KIA< Cassandra R Pirtle
z Commission Number 793491
� My Commission Expires
K1�NR December 08,2021 .
J
EXHIBIT A
PREPARED BY:PELDS ENGINEERING CO.-2323DIXON STREET,DES MOINES,IOWA 50316-PH.(515)265-8196
WATER EASEMENT EXHIBIT
88'58'59'E 13.71'
N88'58'59"E 38.09'
S.
N42'16 02'E 19.30'
4 42'10'02'ri 24.80'
10.00
COrIIr1��Y
LOT 1,AMES 06
0'12'53"W 224.D6' DEVELOPMENT PARK,
THIRD ADDITION
N0'12'53"W 227.90'
PROPOSED 10'WATER -
MAIN EASEMENT
480 SO,FT
S89'59'05"W I0.00`-PXr
LEGAL DESCRIPTION: COMMUNITY
A PART OF LOT 1,AMES 00Mht5fA d-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 NORTH 88°58'59"EAST,ALONG THE NORTH LINE OF SAID LOT 1,A DISTANCE OF 38.09 FEET,TO THE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 88°58'59" EAST, ALONG THE SAID NORTH LINE, A DISTANCE OF 13.71 FEET;
THENCE SOUTH 42°10'02"WEST, A DISTANCE OF 24.80 FEET;
THENCE SOUTH 00°12'53" EAST, A DISTANCE OF 224.06 FEET;
THENCE SOUTH 89°59'05"WEST,A DISTANCE OF 10.00 FEET;
THENCE NORTH 00' 12'53"WEST,A DISTANCE OF 227.90 FEET;
THENCE NORTH 42°10'02"EAST,A DISTANCE OF 19.30 FEET,TO THE POINT OF 20 20 0
BEGINNING,CONTAINING 2,480 SQUARE FEET,MORE OR LESS.
NOTE: pl
THIS DRAWING IS BEING MADE AVAILABLE BY PELDS ENGINEERING
COMPANY(P.E.C.)FOR USE ON THIS PROJECT IN ACCORDANCE WITHP.E.C's AGREEMENT FOR PROFESSIONAL SERVICES.P.E.0 ASSUMESNO REPSONSIBILITY OR LIABILITY(CONSEQUENTIAL OR OTHERWISE)
FOR ANY USE OF THESE DRAWINGS(OR ANY ART THEROF)EXCEPT •
MPANY
IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENT.
DRAWN BY:J.PINNELLO
Architecture I Engineering I Surveying
2323 Dixon Street,Des Moines,Iowa 503161 P.O.Box 4626,Des Moines,Iowa 503051 P:515 265 8196