HomeMy WebLinkAboutA005 - Sanitary Sewer Easement dated September 19, 2019, Instrument No. 2019-09334 h Instrument 0: 2019-09334
10/04/2019 09:48:46 AM Total Pages: 5
EASE EASEMENTS
Recording Fee: 37.00
Stacie Herridge,��ecorder, Story County Iowa
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SPACE ABOVE RESERVED FOR OFFICIAL US E
Legal description: See page 3.
� I Return document to City Clerk,515 Clark Avenue Ames IA 50010
v Document prepared by: City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146
Sanitary Sewer Easement
Know All Persons: The undersigned, Willow Creek Estates, Inc., a for-profit
corporation, (hereinafter referred to as the "Grantor"), its successors and assigns, for valuable
consideration the sufficiency of which is hereby acknowledged, does hereby grant unto the Ci 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 de- scribed 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 Plate of Easement,and described as follows:
For the use of a sanitary sewer system:
The real property shown on Schedule"A"and Schedule"B"attached hereto F
and by this reference made a part hereof(the"Easement Area(s)").
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. 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 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.
Easement P a g e a
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�'r' 2019.
WILLOW CREEK ESTATES, INC.
By: � I 9
By:
Bra F11, President Heather Simmons, Secretary
STATE OF IOWA, COUNTY OF STORY, SS.: f r
This instrument was acknowledged before me on 2019, by Brad Dell, as
President of Willow Creels Estates, Inc.
ALISSA KRISTINE STOENR V)
Commission Number 761786
My Commission Expires NOTARY PUBLIC
pow March 28, 2022
STATE OF IOWA, COUNTY OF STORY, SS.: Q I_ /
This instrument was acknowledged before me on &P Tem h C Q.- / , 2019, by Heather
Simmons, as Secretary of Willow Creek Estates, Inc.
ANGIE S.JE"..'_"T.T.
041-_Y_Opv_�
Commission Number 173721 NOTA Y PUBLIC
o,,,� MY COmmisyionExpires
Legal Description
Schedule `A' - (within property locally known as 700 South Dakota Avenue)
A PART OF WILLOW CREEK ESTATES, FIRST ADDITION,TO THE CITY OF AMES, STORY COUNTY,
IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF WILLOW CREEK ESTATES,THIRD ADDITION,
TO THE CITY OF AMES, STORY COUNTY, IOWA:THENCE N 00°07'49"W ON THE EAST LINE OF
SAID THIRD ADDITION,A DISTANCE 330.00 FEET;THENCE N 89°og'2o"W, ON THE NORTH LINE
OF SAID THIRD ADDITION,A DISTANCE OF 119.27 FEET;THENCE N 89°09'20"W, THE EXTENSION
OF SAID NORTH LINE,A DISTANCE OF 301.35 FEET;THENCE N 05"7'29" E,A DISTANCE OF 239.91
FEET;THENCE N 0"34'00"E,A DISTANCE OF 257.5o FEET;THENCE N 04°42'07"E,A DISTANCE OF
97.85 FEET, TO THE BOUNDARY LINE BETWEEN WILLOW CREEK ESTATES SECOND ADDITION
AND WILLOW CREEK ESTATES FIRST ADDITION AND TO THE POINT OF BEGINNING OF A
TWENTY FOOT WIDE SANITARY EASEMENT, THE CENTER LINE DESCRIBED AS FOLLOWS;
THENCE N 04°42'07" E,A DISTANCE OF 97.26 FEET TO THE END.
{THE DESCRIBED EASEMENT CONTAINS 0.04 ACRES(1945.2 S.F.), MORE OR LESS}.
Schedule `B'- (within property locally known as 902 South Dakota Avenue)
A PART OF WILLOW CREEK ESTATES, SECOND ADDITION, TO THE CITY OF AMES, STORY
COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF WILLOW CREEK ESTATES, THIRD ADDITION,
TO THE CITY OF AMES, STORY COUNTY, IOWA:THENCE N 00°07'49"W ON THE EAST LINE OF
SAID THIRD ADDITION,A DISTANCE 330.00 FEET;THENCE N 89°og'2o"W, ON THE NORTH LINE
OF SAID THIRD ADDITION,A DISTANCE OF 119.27 FEET;THENCE N 89°09'20"W, THE EXTENSION
OF SAID NORTH LINE,A DISTANCE OF 301.35 FEET TO THE POINT OF BEGINNING A TWENTY
FOOT WIDE SANITARY EASEMENT, THE CENTER LINE DESCRIBED AS FOLLOWS;THENCE N
05"7'29" E,A DISTANCE OF 239.91 FEET;THENCE N 0"34'0o"E,A DISTANCE OF 257.5o FEET;
THENCE N 04°42'07"E,A DISTANCE OF 97.85 FEET TO THE BOUNDARY LINE BETWEEN WILLOW
CREEK ESTATES SECOND ADDITION AND WILLOW CREEK ESTATES FIRST ADDITION.
{THE DESCRIBED EASEMENT CONTAINS 0.27 ACRES(11,905.3 S.F.),MORE OR LESS}.
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WZL� W RO A DZ WILLOW CREEK ESTATES,FIRST ADDITION,TO THE CITY OF AMES,STORY COUNTY,IOWA,DESCRIBED AS OM
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COMMENCING AT THE SOUTHEAST CORNER OF WILLOW CREEK ESTATES,THIRD ADDITION,TO THE CITY OF
DATE AMES,STORY COUNTY,IOWA:THENCE N 00"07'49"W ON THE EAST LINE OF SAID THIRD ADDITION,A �.
DISTANCE 330.00 FEET;THENCE N 89°09'20"W,ON THE NORTH LINE OF SAID THIRD ADDITION,A DISTANCE
07/12/19 OF 119.27 FEET;THENCE N 89"09'20"W,THE EXTENSION OF SAID NORTH LINE,A DISTANCE OF 301.35 FEET; -
SCALE THENCE N 05'17'29"E,A DISTANCE OF 239.91 FEET;THENCE N 01'34'00"E,A DISTANCE OF 257.50 FEET; O
1"=100' THENCE N 04"42'07"E,A DISTANCE OF 97.85 FEET,TO THE BOUNDARY LINE BETWEEN WILLOW CREEK
DRAWN ESTATES SECOND ADDITION AND WILLOW CREEK ESTATES FIRST ADDITION AND TO THE POINT OF BEGINNING O
MD OF A TWENTY FOOT WIDE SANITARY EASEMENT,THE CENTER LINE DESCRIBED AS FOLLOWS;THENCE N 00
04°42'07"E,A DISTANCE OF 97.26 FEET TO THE END. Z
FIELD BOOK THE DESCRIBED EASEMENT CONTAINS 0.04 ACRES(1945.2 S.F.),MORE OR LESS.
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WILLOW CREEK ESTATES,SECOND ADDITION,TO THE CITY OF AMES,STORY COUNTY,IOWA,DESCRIBED AS O
NZR FOLLOWS: M
COMMENCING AT THE SOUTHEAST CORNER OF WILLOW CREEK ESTATES,THIRD ADDITION,TO THE CITY OF
DATE AMES,STORY COUNTY,IOWA:THENCE N 00'07'49"W ON THE EAST LINE OF SAID THIRD ADDITION,A
07/12/19 DISTANCE 330.00 FEET;THENCE N 89'09'20"W,ON THE NORTH LINE OF SAID THIRD ADDITION,A DISTANCE >
SCALE OF 119.27 FEET;THENCE N 89'09'20"W,THE EXTENSION OF SAID NORTH LINE,A DISTANCE OF 301.35 FEET 0)
1"=100' TO THE POINT OF BEGINNING A TWENTY FOOT WIDE SANITARY EASEMENT,THE CENTER LINE DESCRIBED AS
DRAWN FOLLOWS;THENCE N 05°17'29"E,A DISTANCE OF 239.91 FEET;THENCE N 01'34'00"E,A DISTANCE OF 2S7.50 CD
MD FEET;THENCE N 04'42'07"E,A DISTANCE OF 97.85 FEET TO THE BOUNDARY LINE BETWEEN WILLOW CREEK o
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ESTATES SECOND ADDITION AND WILLOW CREEK ESTATES FIRST ADDITION. O
FIELD BOOK
1 THE DESCRIBED EASEMENT CONTAINS 0.27 ACRES(11,905.3 S.F.),MORE OR LESS. Z
SHEET 1 of 1 _ - MORTENSEN ROAD 1/2" REBAR