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Home My WebLink AboutA008 - Easement Grant dated April 23, 1999 {� INST.Nb. ® 064 4 9 STORY CbUNTY, IOWA At Z FILED FOR RECORD ID 1ID---AM MAY 18 1999 pq S SUSAN L.VANDE KAMP,Recorder 1� RECORDING FEE$_-,,,21. O'D AUDROR'S FEE$ Space above for recording data B : Craig R. Hastings, Attly at Law, 409 Duff PO Box 1794 Ames U 50010 (515)232-2501 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that S.X.-PARTNERS (IOWA) LLC, does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following described easements. A Storm Sewer, Surface Drainage and Storm Water Retention Easement. S.X.-Partners (Iowa) LLC, further grants to the City of Ames, Iowa,the right to use the following described real estate as part of its sanitary sewer, water main, surface drainage and storm water retention system over, under and across the following described parcels for the purposes indicated: 1. Easement Description-30' Water Main, Sanitary Sewer and Surface Drainage: Being the West 15.0 feet of the North 382.92 feet of Lot 1 and the East 15.0 feet of the North 382.92 feet of Lot 2 in Windsor Oaks Subdivision, City of Ames, Iowa. 2. Easement Description-10' Sanitary Sewer and Surface Drainage: Being a strip of land 10 feet in width across a portion of Lot 2 in Windsor Oaks Subdivision in the City of Ames, Iowa, being situated 5 feet on each side of a centerline that is described as follows: Commencing at the Northeast Corner of said Lot 2; thence S00°00'00"E, 377.82 feet along the east line of said Lot 2 to the point of beginning; thence N90'00'00'W, 192.60 feet, thence S05°38'29'W, 144.48 feet to a point,and there terminating. 3. Easement Description-10' Sanitary Sewer and Surface Drainage: Being a strip of land 10 feet in width across a portion of Lots 1 and 2 in Windsor Oaks Subdivision in the City of Ames, Iowa, being situated 5 feet on each side of a centerline that is described as follows: Commencing at the Northeast Comer of said Lot 2; thence S00°00'005E, 382.92 feet along the East line of said Lot 2 to the point of beginning; thence continuing S00`00'00'W, 48.80 feet; thence S42`59'33'W, 119.95 feet to a point, and there terminating. P. 1 4. Easement Description-10' Water Main: Being a strip of land 10 feet in width across a portion of Lot 1 in Windsor Oaks Subdivision in the City of Ames, Iowa, being situated 5 feet on each side of a centerline that is described as follows: Commencing at the Northwest Corner of said Lot 1; thence S00°00'00'E, 382.92 feet along the west line of sold Lot 1; thence N90°00'000E, 10.00 feet to the point of beginning; thence S0'00'001E, 111.38 feet; thence N89°59'53'E, 256.69 feet; thence N00°00'00'E, 102.05 feet, thence N45°00'00'E, 150.43 feet to a point, and there terminating, AND the West 10 feet of the East 286.21 feet of the South 129.5 feet of Lot 1 in Windsor Oaks Subdivision in the City of Ames, Iowa 5. Easement Description, Water Main: Being a part of Lot 1 in Windsor Oaks Subdivision in the City of Ames, Iowa and being more particularly described as follows: Commencing at the Northwest Comer of said Lot 1; thence S00°00'00'E, 499.30 feet along the west line of said Lot 1 and it's extension to the south line of said Lot 1; thence N89"59'430E, 258.22 feet to the point of beginning; thence continuing N89°59'430E, 13.50 feet; thence S00°00'00'W, 6.75 feet; thence N90`00'000W, 13.50 feet; thence N00°00'061E, 6.75 feet to the point of beginning. 6. Easement Description, Storm Water Retention: Being a part of Lot 1 in Windsor Oaks Subdivision in the City of Ames, Iowa and being described as the South 164.43 feet of the West 215.25 feet thereof. all within Windsor Oaks Subdivision, Ames, Iowa, according to the following terms and conditions. B. General Terms and Conditions. 1. S.X.-Partners (Iowa) LLC, its successors and assigns, shall not a. erect any structures over or within the easement area without obtaining the prior written approval of the City Engineer. b. erect or cause to be placed on the easement area any structure, material, device, thing or matter which could possibly obstruct or impede the normal flow of surface water over the easement area without obtaining the prior written approval of the City Engineer. p. 2 99- 06449 ( Z) s. C. change grade, elevation or contour of any part of the easement area without obtaining the prior written approval of the City Engineer: 2. The City shall install and maintain its sanitary sewer and water main lines, consisting of all underground sanitary sewer and water main lines, connections, hook-ups and similar equipment or any part thereof, for the sole purpose of general sanitary sewer and water main use, together with the right to go upon the easement area, make repairs, install lines, connect to existing lines and to extend the said lines or mains to any other property or location within the said easement area described above for the safe operation of sanitary sewer and water main lines underground or adjacent to Windsor Oaks Subdivision. C. Access. The City of Ames shall have the right of access to the easement areas granted in this Easement Grant together with rights of ingress and egress reasonably necessary for the use and enjoyment of the easement area for the purposes described, including, but not limited to, 1. the right to remove any unauthorized obstructions or structures placed or erected on the easement area and the right, and 2. the right to improve, repair and maintain the easement area. D. Condition. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the hereinbefore described real estate and adjoining real estate caused by failure to use due care in the exercise of the granted rights. p. 3 99- 06449 (3) jLj c raig K. Hastings 1-515-232-2501 4/23/99 F - (D 10:1 2 AM 2/2 r� Dated this 3 day of , 1999 S.X.-PA R ) LLC by Bartholomew Votava, Manager STATE OF NEBRASKA, �u 14 S COUNTY ) This instrument was acknowledged before me on S,X,-PARTNERS (IOWA) LLC, �3 , 1999 by BARTHOLOMEW VOTAVA as MANAGER of Notary Public in and for said State and County GE.1 AREN TIC of Ne6raslu 69 KAREN TICHENOR My Comm.Exp.Nov.15,2001 99- 06449 (4)