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Home My WebLink AboutA009 - Wrong Water Main Easement dated December 7, 2018, Instrument No. 2018-11179 0JCc 0 G- Instrument 0: 2018-11119 SE ER31ZERSEMENTS 29 Arl total Pages: 4 Re is Fe: gE 22.00 Stacie Herreidge, Recordar, Story County Iowa Mill W&"n1i hLIJAk Nil WILK'0111111 Return to: (env) Stumbo&Associates Box1664 Ames IA 50010-1664 S P A C E A B O V E R E S E R V E D FOR O FFICIAL US E Legal description See page 3 attached. _ _„_...... _.. Return document to:City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by:Victoria A.Feilmeyer,City of Ames Legal Departr ent,515 Clark Ave..Amcs,lA 50010—5 1 5-239-5146 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: 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 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. In Witness Whereof the undersigned has executed this instrument on 2018. Green Hills Residents'Association By. Sd �J �l .. -- Paul Brackelsberg,President T By: i; � Elizabeth Angelici,Secretary--1 STATE OF IOWA,COUNTY OF STORY,SS.: ^� This instrument was acknowledged before me on zoi8,by Paul Brackelsberg and Elizabeth Angelici,as President and Secretary,respectively,of Green Hills Residents'Association. NOTARY PUBLIC HIEdt POKORiV� o Commiss o�Number]NY ,jam, M Commission Expires �ia-�4-aC9de 3 LEGAL DESCRIPTION FOR EASEMENT AREA—EXHIBIT`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 Corner of said Parcel'G'(said point also being the Northeast Corner of Lot 1 Gateway-Greenhills Subdivision);thence Southwesterlyy 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 having a central angle of 82°38'49" to the point of beginning; thence Southwesterly along said east lines 15.57 feet alongg a 404.35 feet radius curve concave easterly 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 northwesterly line of an existing 10 feet wide easement(as described in County Recorder's Instrument: 201 1-00004771); thence North 62150'28" East, 10.54 feet along 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 89°15'26"East,6.41 feet to the point of beginning,containing 0.04 acres total. I S U C C E S S I V F. P A G F. F O R P l.. A T O F F A S F. M 1; N T ] PLAT OF EASEMENT INDEX LEGEND s' LO ON: A L G OF G WAY• R "HILLS / SUBDIVISION IN THE E%SEC.16,T83N, J+•..._ / __ GREEN CITY OF AMES,STORY COUNTY, A �HOPRIET�R GREEN ILLS RE ID NT A ONN-5 A . GREEN HILLS HEALTH CARE CENTER,INC W §U E UES I ED ROD COPPLE FIELD WORF E 11/29/2018 TTW1TEY PREI;Ang"V: I CLAPSADDLE-GARBER ASSOCIATES,INC, RESPOND TO: 739 PARK AVE. Uy' SCOTT A.STEINFADT P.L.S. ACKLEY,IOWA 50601 „.- #14677 PHONE641-847-3273 _ SSTEINFAOTQCGACONSULTANTS.COM POINT OF COMMENCEMENT S65`10'09'E 10.00, N23"49'51'f—\ I / �• �` � 10.00 ` PARCEL'G' �F o° Nss 1 rgsw z t, , �y\ (Slide 519 Pages 5.7) y� 10A0 a w Ca a� PARCELS' W (Slide 619 Pages 5-7) Curve# Length Radius CA g41 Chord Bearing Chord Length C1 540.89' 404.35E23'11'54" S62'51'39"W 501.45' z C2 10.00' 404.35' S23'49'51"W 10,00' J ' � 1�1 C3 163.72' 404.35' Stt'31'23"W 162.60' 3 wa o_ Monument Symbols are Orientated to the North DESCRIPTION ♦ '/"O Yellow Capped Iron Rerod(#6586) A permanent easement located in Parcel'G'(as surveyed in County Recorder's Slide 619 Pages 5.7) c ® 'MAGI Nat of Gateway-Green Hills Subdivision,City of Ames,Story County,Iowa,more particularly described8 ® y•p Orange Capped Iron Rerod 1#146771 as follows: u. Commencing at the Northeast Comer of said Parcel'G(said point also being the Northeast Corner of Lot 1 Gateway-Greenhii(s Subdivision);thence Southwesterly along an east line of said Parcel'G' (also being an east line of said Lot 1)540.89 feet along a 404.35 feet radius curve concave southeasterly having a central angle of 76'38'35"to the point of beginning;thence Southwesterly � along said east lines 10.00 feet along a 404.35 feet radius curve concave easterly having a central angle of 01.2601";thence North 66*10109"West,10.00 feet;thence North 23'49'51'West,10.00 feet; thence South 66'1909'East,10.00 feet to the point of beginning,containing 99.8 sq.ft.total. NOTE: Subject to easements. ALL BEARINGS ARE THE RESULT OF G.P.S.OBSERVATIONS. GREEN HILLS RETIREMENT PLAT OF EASEMENT IN CITY OF AMES,STORY COUNTY,IOWA ` \\\\\gtN1 p I hereby certify that this land surveying document was prepared .a �(P• ....F�''o„ and the related survey work was performed by me or under y0�•'�>ENSE� my direct personal supervision and that I am a duly Licensed \' Professional Land Surveyor under the laws of the State of Iowa. . � .�.f ClaPsnddle-Gnrber Asmciutes.lnC 14677 Scott A.Steinfadt,PLS date Gi • � To Frea 10e015at]eet • • sueants.cam-._ c Iowa License Number 14677 www.c Q° C DRAWN SHE NO. SCALE 1"=41Y 'j p /CrWA•.•• My License Renewal Date is December 31 2018 RWA 1 Pages or sheets covered by this seal: THIS SHEET 0 40' 7777iy�NAL OW 0\\ DATE PROJECT NO. fl711011tWV1\\\Oh _— 11.29-18 78007.05 J:.1eWMy',Survglwge,mam[ammea neNBJei-waro,mun Entt„w.�xain.ap-nai«vl,iiaa.�a.YJ)pm-m1B6