HomeMy WebLinkAboutA011 - Water Main Easement - S. 17th Street Instrument 0: 2020-06125
06/10/2020 08:41 :47 AM Total Pages: 3
EASE EASEMENTS
Recording Fee: $ 17.00
Stacie Herridge, ecorder, Story County Iowa
mill l?"11 VAN6111C25,"1 V111,11Y,46,11W'111I 111
S P A C E A B O V E R E S E R V E D FOR OFFIC I A L USE
Legal description: See page 3.
�� 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, G&G Hospitality Ames, LLC, a limited liability
company, (hereinafter referred to as the "Grantor"), its successors and assigns, for valuable
consideration the sufficiency of which is hereby acknowledged, do 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 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 attached Plat of Easement,and described as follows:
For the use of a water main and such other general utilities as may be distributed under
franchise of the City of Ames:
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 Grantors 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.
1
Easement 12
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 Whereof the undersigned has executed this instrument on
��•��'� C)E", ,2020.
G&G HOSPITALITY AMES, LLC
By: 4e� -
M ` SIGNATURE 1
NAME PRINTED
C- 00
TITLE OF AUTHORIZED SIGNER
STATE OF , COUNTY OF ,SS.:
This instrument was acknowledged before me on , 2020, by
(insert name)as (insert title)of G&G
Hospitality Ames, LLC.
NOTARY PUBLIC
State of Av'�
County of '
On this day of -TuY1 C 2020,before me LoV-:-d C-Y a Notary Public in and for
said County and State, personally appeared Q�an l 5k ['.tit:t: f (Name),to�m�e"personally known,who being duly
sworn did say that he is GOU (Title)of 12,,i(�/cc��t 7�/ AMf5_G t-C,(company),
and that for said company,and with authority,he signed the foregoing instrument vq(u)i6rl �*�ith full knowledge of its
contents,and that such contents are true.
Notary Public �O
_ NOtAR y
My Commission Expires: 1 "y.. Z - PUBL%C
O,o �➢1RE`'.. 2`'
C
EASEMENT EXHIBIT "A"
( LOCATION: IN PARCEL C OF LOTS 6&7,SOUTHTOWN SUED.
CITY OF AMES,STORY COUNTY,IOWA
PROPRIETOR: G&G HOSPITALITY AMES,LLC
SURVEYOR: R.BRADLEY STUMBO,PLS#17161
FOX ENGINEERING ASSOCIATES,INC.
AMES,IA 50010
515-233-0000
L01 WN so
sou-µ"(G
r—N90-00!00-E
22.35'
P PACGEL G
'--dWATER MAIN
EASEMENT
1765.68 S.F.
i
N00'00'00"E
154.21'
Easement Description-Water Main:
A strip of land 10.00 feet in width lying within Parcel C of Lots 6
s and 7,Southtown Subdivision,City of Ames,Story County,
Iowa,being situated 5.00 feet on each side of the following
s centerline:Beginning at a point on the south line of said Parcel
C which is 13.59 feet,S89"48'13"E of the Southwest Corner
thereof;thence NOO"00'00"E,154.21 feet:thence N90°00'00"E,
22.35 feet,and there terminating,containing 1765.68 s.f.
I
i
--SW CORNER J c••S89*48'13"E
PARCEL C t3.59• S. 17TH STREET(80')
N
0 100, 2C
I hereby certify that this land surveying document was \\\�Utrtltlltrr//,,//�
prepared by me or under my direct personal supervision \` LEY Sl
FOX and that I am a duly licensed Professional Land `�`0QP •....... Gad
Surveyor under the laws of the State of Iowa. BENS O
engineering '— �' n �l `� �°
FOX Engineering Associates,Inc. /�//1 / 1 7� 3/2 6/2 0 2 0 _ 17161 0
414 South 17th Street,Suite 107 R. BRADLEY STUMBO, PLS DATE
O�••
Ames.Iowa 50010 � <^ '•. �P •�
Phone:(515)233-0000 License number 17161 �.��s/p '•......• '
FAX: (515)233-0103 My license renewal date is December 31, 2021. ''�., EIAtI'A"``�.�`�
10B*5450-17A DATE:3/26/20 PAGE 1 OF 1