HomeMy WebLinkAboutA004 - Easement for Water Main dated October 8, 1999 ' 9
INST.Nd. 99 - 1469
IPFILUDY.-�'00F'j G�ORI, M
AM NOV 01 1999
SU8AN L,VAND P Recorder
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RETM TO:
'BATMAN—SAYERS
Prepared by: Michael J. Green, 3737 Woodland, Suite 437, W. Des Moines, IA 50266
EASEMENT FOR WATER MAIN
KNOW ALL PERSONS BY THESE PRESENTS:
The undersigned, River Ridge Ranch, L.C., an Iowa limited liability company
(hereinafter called"Grantor"), in consideration of the sum of One Dollar($1.00) and other
good and valuable consideration, receipt of which is hereby acknowledged by the City of
Ames , does hereby sell, grant and convey unto the CITY OF AMES, IOWA, a
municipal corporation(hereinafter called"City"), perpetual Easements for water main
under, over, through and across and running with the following described real property:
See Exhibit"A" attached hereto,
(hereinafter called "Easement Areas") for the purposes of the City constructing,
reconstructing, repairing, enlarging, and maintaining a water main together with the
necessary appurtenances thereto, under, over, through and across said Easement Areas.
This Easement shall be subject to the following terms and conditions:
l. ERECTION OF STRUCTURE IS PROHIBITED. Grantor shall not erect
any structure, building or fence over, or within the Easement Areas without
obtaining the prior written approval of the City.
2. OBSTRUCTIONS PROHIBITED. Grantor shall not erect or cause to be
placed on the Easement Areas any structure, material, device, thing or
matter, or plant or permit to grow any hedge or any other vegetative growth
which could obstruct, impede, or otherwise interfere with the Easement
Areas without obtaining the prior written approval of the City.
3. MAINTENANCE OF EASEMENT. The owner or occupant of the Lot
shall keep and preserve for that portion of the easement within his or her
property in good repair and condition at all times and shall remove all dead
trees, shrubs, brush and trash which might obstruct the Easement Areas.
4. CHANGES IN GRADE PROHIBITED. Grantor shall not change the grade
elevation or contour of any part of the Easement Areas without obtaining
the prior written consent of the City.
5. RIGHT OF ACCESS. The City shall have the right of access to the
Easement Areas, and have all rights of ingress and egress reasonably
necessary for the use and enjoyment of the Easement Areas herein
described, including, but not limited to,the right to remove any
unauthorized obstruction or structures placed or erected on the Easement
Areas, and the right to improve, repair and maintain the Easement Areas in
whatever manner necessary to provide adequate and proper drainage to
protect the public health, safety and general welfare.
6. EASEMENT RUNS WITH THE LAND. This Easement shall be deemed
to run with the land and shall be binding upon the Grantor and Grantor's
successors and assigns.
7. PROPERTY TO BE RESTORED. Upon completion of any construction,
reconstruction, repair, enlargement, or maintenance on the Easement Areas,
the City shall restore the Easement Areas in good and workman like
manner, including restoration of laws by sodding or seeding.
Grantor does HEREBY COVENANT with the City that Grantor holds said real
estate described in this Easement by the title; that Grantor has good and lawful authority to
convey the same; and said Grantor covenants to WARRANT AND DEFEND the said
premises against the unlawful claims of all persons whosoever.
Each of the undersigned hereby relinquishes all rights of dower, homestead and
distributive share, if any, in and to the interest conveyed by this Easement.
Words and phrases herein including acknowledgement hereof shall be construed as
in the singular or plural number, and as masculine or feminine gender, according to the
context.
Signed on this day of 2�4
, 199-2.
RIVER RIDGE RANCH, L.C.,
an Iowa Limited Liability C pany
V
By
Its
2 99- 14699 Cz�
STATE OF IOWA
COUNTY OF POLK )
On this 9�b day of 1999, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally a peared to me ersonally known,
who being by me duly sworn, did say that he is the of River Ridge
Ranch, L.C., an Iowa limited liability company, executing the within and foregoing
instrument; that no seal has been procured by the said limited liability company;that said
instrument was signed on behalf of the limited liability company by authority of its
members; and that the said , as such, acknowledged the execution
of the foregoing instrument to be the v untary act and deed of the limited liability
�'-.1b Mpany; by it and by him voluntarily executed.
Notary Public in an or the State of Iowa
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SHARDATA\NMD\MJG\Oaks Dev\Johnston Land Company\Newport Ridge Plat ZEASEMENT FOR WATER MAIN
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Sent .b�y::, FOX ENGINEERING 5152330103; 10/04/99 9:31Alul;J9jtVx iFfz3c,rayC
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OUTLOT 6
I.OT 5 �� I
LOT 4
N139'0l005p„E
10 WATER LINE
EASEMENT SOO'11'42"E
\ A; 53.10
P
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/ U
0q
t
h
O�� sa ` POINT OF
\ \ O (LOT 3 BEGINNING 514'31'03"W
1 5 <' J�� 1 39.45
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I � J
LOT 2 2
LOT 1 I z
a / LOT 1
0 IOWA STATE READY MIX SUBDIVISION
7.51 ACRES
N20
W I
I � II boo
I �
Sw CORNER
LOT 1, IOWA STATE EAST LINCOLN WAY
f tEAPY MIX SUBDIVISION (75' PUBLIC R.A.W.)
WATET„ RLE�FASEMENT
A STRIP OF LAND LOCATEP ACROSS THAT PART OF oUTLOT 5 of SONPROL'S SUDDnnSON OF THE SWl/4
OF SECTION 1. T83N, R24W OF THE 5TH P.M. IN THE CITY OF AMES, STORY COUNTY, IOWA.
SAID STRIP OF LAND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF LOT 1 OF THE IOWA STATE RFAPY MIX SUBPIVISION. THENCE NOO'17'05"E,
48.41 FEET, THENCE N14'31'03'E, 105.17 FUT, THENCE N14'31'04"E, 62.30 FEET ANP THE POINT OF
I BEGINNING, THENCE NOR'11'D2w, 91.24 FEET, THENCE N89'413'507, 10.00 FEET. THENCE: S00'11'02"sw,
53.10 FEET, THENCE $14 31'03"W, 39.46 FEET TO THE POINT OF BEGINNING.
0 60 �N�H
OWNFR: RIVER RIDGE RANCH, L.C. asxE
EXHI0IT A
WATER MAIN
EASEMENT
SW 1/4 OF SECTION 11
T03N, R24W OF THE STH P.M., PRAWN Hk 1r0.
IN THE CITY dF AMIES,
EXH BI IT = STORY COUNTY, IOWA BGK
DATE P.N.
-99A
�9- 14 6 9 9 CN)