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HomeMy WebLinkAboutA018 - Easement for Storm Sewer Right-of-Way dated December 30, 1999 Orl INST.NO. STORY OOIJNTY IOWA. II Q FILED FOR RE OR© A JAN 2 0 2000 in. SUSAN L.VANgo Rewrd®r ley 200191N9 FEE SN�$ DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: John R.Klaus City of Ames Legal Department.515 Clark Ames Iowa 50010(Phone:515-239 5146) EASEMENT FOR STORM SEWER RIGHT-OF-WAY KNOW ALL PERSONS BY THESE PRESENTS: That Stage Coach Stables, L.C., (hereinafter called "Grantor") does hereby convey unto the CITY OF AMES, IOWA, a municipal corporation (hereinafter called "CITY"), a perpetual Easement for Storm Sewer Right of Way under, over, through and across the following described real estate: See Exhibit "A" attached hereto (hereinafter called "Easement Area") for the purpose of the City.constructing, reconstructing, repairing, enlarging and maintaining a storm sewer, together with necessary appurtenances thereto, under, over, through and across said Easement Area. This Easement shall be subject to the following terms and conditions: 1. ERECTION OF STRUCTURES PROHIBITED. Grantor shall not erect any structure over or within any part of the Easement Area without obtaining a prior written consent of the City. 2. CHANGE OF GRADE PROHIBITED. Grantor shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 3. RIGHT OF ACCESS. City shall have the right of access to the Easement Area and have rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including but not limited to,the right to remove any unauthorized obstructions or structures placed or erected on the Easement Area. 4. - EASEMENT RUNS-WITH LAND. This Easement shall be deemed to run with land and shall be binding on Grantor and on Grantor's successors and assigns. Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easement by title in fee simple; that Grantor has good and lawful authority to convey the same; and said Grantor covenants to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever. GRANTORS GRANTEE Stage Coach Stables, L.C. The Cit Ames, Iow arvi . Walter, Manager Ted Tedesco ;Mayor ° BY Attest by: Jan Walter, Manager STATE OF IOWA, STORY COUNTY ss: On this day of &elem ?kle� 1999, before me, the unders ed a Notary Public in and for the State of Iowa, personally appeared Marvin J. Walter and Jan Walter, to me personally known, who being by me duly sworn, did say that they are the Managers of Stage Coach Stables, L.C., a limited liability company, executing the within �.afto foregoing instrument; that no seal has been procured by the said limited liability .',coz yany; that said instrument was signed on behalf of the limited liability company by authd ity`'6f its members; and that Marvin J. Walter and Jan Walter, as Managers, n6W.led ed the execution of the foregoing instrument to be the voluntary S g g act and deed ' el',mited liability company, b It and b them voluntarily executed. Y Y Y Y 7 ' otary Public in d for Story County, Iowa m\ch q e STATE OF IOWA, STORY COUNTY ss: On this I& day of 0-0.v\u.a. , Ova before me, a Notary Public in and for the State of Iowa, personally appearejd Ted Tedesco and Diane R. Voss, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 00 —0 0-j adopted by the City Council on the day of J_ua-,LLcLr ,a660, and that Ted Tedesco and Diane R. Voss acknowledged the exe ution of the instrument to be their voluntary act and deed and the:t r voluntary act and deed of the corporation, by it voluntarily executed. Zz- tic Notary Public in and for S ry County; 1oiva� , S:\shardata\MJG\Easements\Walter FamilyCampus Subdivision-Ames\Easement for Storm Sewer Right of Way 123099.doc"',',P P� Y ;,_.. 2 00 - 00664 (2 EASEMENT PLA T r LEGEND BOUNDARY LINE ♦ FOUND SEC COR AS NOTED • FOUND MONUMENT AS NOTED O SET #5 REBAR W/CAP #12106 I RIGHT—OF—WAY RAIL IR IRON ROD M MEASURED R RECORDED P.O.S. POINT OF BEGINNING STORM SEWER EASEMENT N 00'00'00" W r S 02'17'45" W 20.00'--0161 20.02' LOT 6 L—____ 71.411 SF N 90'00'00" W 81,49' P.O.B. 1.64 AC PERMANENT STORM SEWER EASEMENT o A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SE 1/4. SEC 36, T84N, R24 WEST OF THE 5th P.M.. STORY COUNTY. IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF LOT 6, WALTER FAMILY CAMPUS SUBDIVISION, AN 1 v OFFICIAL PLAT BEING IN AND FORMING A PART OF THE CITY OF AMES. STORY COUNTY, IOWA'. V THENCE N 02'17'45" E. 105.06 FEET ON AND ALONG THE WEST LINE OF SAID LOT 6 TO THE PHILADELPHIA STREET POINT OF BEGINNING; THENCE N 90'00'00" W. 81.49 FEET: THENCE N 00'00'00" W. 20.00 L - FEET: THENCE N 90'00'00- E, 52.29 FEET TO ! ,\ A POINT ON THE WEST LINE OF SAID LOT 6; (Ci Gov THENCE S 02'17'45" W. 20.02 FEET ON AND ��. ALONG THE WEST LINE OF SAID LOT 6 TO THE POINT OF BEGINNING. a 8 � NORTH SCALE: 1" = 50' s0 25 50 w e ElE0. 99200 u N/LLES SURVEYING, INC. P1ao�EeT PN st+EET. P.O. 13OX 798 STORM SEWER EASEMENT JBANKENY. K)WA 50021 WALTER FAMILY CAMPUS SUBDIVISION(515) lay-0123 (5%)965-3322 (fox) OV99 EXHIBIT "A" (3)