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HomeMy WebLinkAboutA014 - Water Main Easement dated February 28, 2019, Instrument No. 2019-06151 Instrument p: 2019-06252 07/18/2019 01:40:39 PM Total Pages: 4 EASE EASEMENTS Recording Fee: 22, © Iowa � millie Herridge, Lccred!r, Story) %/1/110111 IN M�II�yR� WI 11111 SPACE ABOVE RESERVED FOR OFFICIAL USE Legal description:See page 3 attached Return document to:City Clerk 515 Clark Avenue Ames IA 50010 Document prepared by:Victoria A.Feihneyer,City of Ames Legal Department,515 Clack Ave.,Ames,IA 50010—515-239-5146 Water Main Easement Know All Persons: The undersigned, Green Hills Residents' Association, a non-profit corporation organized and existing under the law of the State of Iowa (hereinafter referred to as the "Grantor"),for valuable consideration,does hereby grant unto the City of Ames,Iowa,an Iowa municipal corporation, (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,as shown on the Easement Plat,and described as follows: For the use of a water main over,upon,across,in,and through: (See Exhibit'A'attached for legal description). Grantee shall have the right within the Easement Area to construct,reconstruct,cover over,clean up, operate,use,maintain,and repair the systems described.Grantee shall have the right to enter upon sufficient land adjacent to said water mail Easement Area for the purpose of exercising the rights and privileges herein. 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 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 that may interfere with the use, operation, maintenance, repair and replacement of the water main,except with the prior written consent of the Grantee. a Restoration.Immediately following construction,reconstruction,or repair work by the Grantee within the Easement Area,weather and season permitting,ground area with previously existing grass cover that is disturbed by such work shall be planted with grass seed in accordance with customary methods of soil preparation and planting by the Grantee. 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 easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 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;and that the Easement Area is free and clear of all liens and encumbrances. z 5 Successors and Assigns.This Easement shall be binding on successors and assigns of the Grantor and the 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. Zal� In Witness Whereof the undersigned has executed this instrument on �ah^�1 2 Green Hills Residents'Association By: 2 Paul Brackelsberg,President By: , , Ekabeth Angelici,Secr STATE OF IOWA,COUNTY OF STORY,SS.: Zo f�p This instrument was acknowledged before me on EeS("'n 2� 3dt8,by Paul Brackelsberg and Elizabeth Angelici,as President and Secretary,respectively,of Green Hills Residents'Association. icy Rodney I Copple / 24LL o Commission Number 172708 My Commission Expires NOTARYP L rows /- fy-2•zt 3 LEGAL DESCRIPTION FOR EASEMENT AREA—EXHMIT`A' A permanent easement located in Parcel'G'(as surveyed in County Recorder's Slide 619 Pages 5-7)of Gateway-Green Hills Subdivision,City of Ames,Story County,Iowa,more particularly described as follows: Commencing at the Northeast Comer of said Parcel'G'(said point also being the Northeast Comer of Lot 1 Gateway.Greenhills Subdivision);thence Southwesterly along an east line of said Parcel'G'(also being an east line of said Lot 1) 583.26 feet along a 404.35 feet radius curve concave southeasterly havingg a central angle of 82°38'49" to the point of beginning; thence Southwesterly along said east lines I5.57 feet along a 404.35 feet radius curve concave easterlyy,having a central angle of 02°12'24"• thence North 89°15'26"W, 140.21 feet; thence North 45°38'57" West 46.32 feet to a point on a northwester line of an existing 10 feet wide easement(as described in�ounty Recorder's Instrument: 201 1-0000477 1); thence North 62°50'28"East, 10.54 feet alongg said northwesterly line;thence South 45°38'57" East, 38.97 feet; thence South 89°15'26" East, 134.27 feet; thence North 00°44'34" East, 4.92 feet;thence South 891 15'26"East,6.41 feet to the point of beginning,containing 0.04 acres total. S U C C E S S I V E P A G E F O R P L A T O F E A S E M E N T r PLAT OF EASEMENT INDEX LEGEND LOCATI N: IN PARCEL G OF ATEWAY-GREE HILLS SUBDIVISION IN THE UK SEC.16,T83N, R24W CITY OF AMES STORY COUNTY IOWA PR PRIETOR: REEN HIL RESIDE TS ASSO ATI N AND GREEN HILLS HEALTH CARE CENTER INC. R E BY: ROD COPPLE R MP 11/13/2018 SURVEY VKtHARFD B CLAPSADDLE-GARBER ASSOCIATES,INC, RESPOND TO: 739 PARK AVE. SC.OTT A STEINFADT P.L.S. ACKLEY,IOWA 50601 #14677 PHONE 641-847-3273 SSTEI NFADT@CGACO NSULTANTS.COM POINT OF / \ \ COMMENCEMENT o�s N62°50'28'E 03�a PARCELS y'3 (Slide 619 Pages 5-7) 3yT� S89°15'26'E OtL(5 41' am N00°44'34E z J ---S89°15'26'E---______-- y9S°96' --______ ------------ 134.27 - -- -----""--- N89"15'26"W140. o � d U PGa RCIEL 10 (Slide 619 Pages 5-7) @� Curve k Curve Central Length Radius An9le Chord Bearing Chord Length w Cl 583.26' 404.35' 82*38'49" S59'51'32"W 533.99' C2 15.57' 404.35' 02712724" 517'2556•W 15.57 J w VI U C3 115.77' 404.35' 16-24'18" 508'0T35"W 115.36' w a DESCRIPTION A permanent easement located in Parcel'G'(as surveyed in County Recorders Slide 619 Pages 5-7) of Gateway-Green Hills Subdivision,City of Ames,Story County,Iowa,more particularly described Monument S bols are Orientated to the North as follows; 'h'0 Yellow Capped Iron Rerod(#6586) Commencing ffi the Northeast Comer of said Parcel'G'(said point also being the Northeast Comer —� �"0 Yellow Capped Iron Rerod(#8136) of Lot 1 Gateway-Greenhills Subdivision);thence Southwesterly along an east line of said Parcel'G' r° 'MAG'Nal (also being an east line of said Lot 1)583.26 feet along a 404.35 feet radius curve concave '�•0 Orange Capped Iron Rerod f#146771 southeasterly having a central angle of 804.35feet the point of beginning;thence Southwesterly along said east lines thence feet along a 61W,1 feet radius curve concave easterly having a central angle of n a north thence North 8 n e)dsting 0feet feet;thence North 45*38'57"West,46,32 feet to a point on a northwesterly line of an ex sting 10 feet wide easement(as described in County Recorders Instrument:2011-00004771); thence North 62°50'28"East,10.54 feet along said northwesterly line;thence South 45°38'5T'East,38.97 feet;thence South 89*1526*East,134.27 feet;thence North 00°44'34'East,4.92 feet;thence South 89*15'26"East,6.41 feet to the point of beginning,containing 0.04 acres total.Subject to easements, NOTE: ALL BEARINGS ARE THE RESULT OF G.P.S.OBSERVATIONS. GREEN HILLS RETIREMENT PLAT OF EASEMENT CITY OF AMES,STORY COUNTY,IOWA . N `�a`„ppllp ltls�rrq,,,7,' I hereby certify that this land surveying document was prepared q� and the related surrey work was pertorme by me or under ENS my direct personal supervision and that I am a duly Licensed Professional Land Surveyor underlhG laws of the State of Iowa g Z -Garbe Assodetes,Ina14677 Clepsadde • a Scott A.Steinfadt,PLS da .on vn.teool scz->aer Iowa License Number 14677 ww«.eyccrou wbmm SCALE 1=40 '. •(pyyA `. My License Renewal Date is December 31,2018 7UA WN E78007.05 ®� ��iq / D`$`\„�0�� Pages or sheets covered by this seal: THIS SHEET WA1-16-18