HomeMy WebLinkAboutA008 - Permanent Water Main Easement dated November 1, 1996 r '
When recorded return to:
Prepared b Aerem.,Clsharpe;Jelin Harris Lamson Mct,ick,30Q0 Financial t enter;Des Moines,lA 50309,5 1.5 243-�Ifl0
PERMANENT WATER MAIN EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS that Midland Homes, Inc., (hereinafter
called "Grantor"), for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, does hereby convey unto the City of Ames, Iowa, a municipal
corporation, (hereinafter called "City") a perpetual easement and right-of-way under, over, on,
through, across and within the following-described real estate:
See Exhibit A attached hereto.
(hereinafter called "Easement Area"),
for the purpose of the City constructing, reconstructing, repairing, replacing, enlarging,
inspecting and maintaining a water main, together with all necessary structures and
appurtenances thereto,under, over, on, through, across and within said Easement Area.
This Easement shall be subject to the following terms and conditions:
1. ERECTION AND PLACEMENT OF STRUCTURES OBSTRUCTIONS
PLANTINGS, OR MATERIALS PROHIBITED Grantor shall not erect any fence or
other structure under, over, on, through, across or within the Easement Area without
obtaining the prior written consent of the City nor shall Grantor cause or permit any
obstruction, planting or material to be placed under, over, on, through, across or within the
Easement Area without obtaining the 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 all
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 without liability to
Grantor, any unauthorized fences, structures, obstruction, planting, or material placed or
erected under, over, on, through, across or within the Easement Area.
4. MAINTENANCE. The City shall not be responsible for any maintenance of the land
located within the Easement Area whatsoever and that responsibility shall remain with the
Grantor; provided, however, the City may perform such maintenance should it determine in
its sole discretion such maintenance is needed.
5. EASEMENT BENEFIT This Easement shall be for the benefit of the City, its successors
and assigns, and its permittees and licensees.
6. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land
and shall be binding on Grantor and on Grantor's successors and assigns.
7. PROPERTY TO BE RESTORED. Upon completion of any construction, reconstruction,
repair, enlargement or maintenance of any water main or any appurtenance thereto, the City
shall restore the Easement Area in good and workmanlike manner, including restoration of
lawns by sodding or seeding.
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
claims of all persons whomsoever.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive
share, if any, in and to the interests conveyed by this Easement.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this e T day of A1996.
MIDLAND HOMES, INC.
By:
Ted A. Grob, President
STATE OF IOWA )
) ss: qq5�
COUNTY OF POLK )
On this day of AlVerv; �sr , 1996, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Ted A. Grob, to me personally known,
who being by me duly sworn, did say that he is President of Midland Homes, Inc., executing the
within and foregoing instrument; that said instrument was signed on behalf of said corporation
by authority of its Board of Directors; and that the said Ted A. Grob as such officer
acknowledged the execution of said instrument to be the voluntary act and deed of the
corporation and by him voluntarily executed.
Notar�Pu ic n�n�dfothe State of Iowa
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LEGAL DESCRIPTION
PUBLIC WATER MAIN EASEMENT
BLOOMINGTON COURT
A 20.00 FOOT PUBLIC WATER MAIN EASEMENT ACROSS LOTS 8 11 19 20
OUTLOT 'Z', LOT 'A', BLOOMINGTON COURT, AN OFFICIAL PLAT, CITY OF AMES,
STORY COUNTY, IOWA THAT IS 10.00 FEET ON EITHER SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AS A POINT OF REFERENCE AT THE EASTERLY MOST
CORNER OF LOT 'A'; THENCE SOUTHWESTERLY ALONG A CURVE TO
THE LEFT, HAVING A RADIUS OF 800.00 FEET, AN ARC LENGTH OF
160.00 FEET, AND A CHORD BEARING OF S39.44'23"W, TO A POINT ON
THE SOUTHEASTERLY LINE OF LOT 'A', SAID POINT ALSO BEING THE
POINT OF BEGINNING; THENCE N55 0 59'24"W, 136.08 FEET TO A
POINT; THENCE S28.28'11"W, 409.61 FEET TO A POINT OF TERMINUS;
AND
COMMENCING AS A POINT OF REFERENCE AT THE EASTERLY MOST
CORNER OF LOT 'A'; THENCE SOUTHWESTERLY ALONG A CURVE TO
THE LEFT, HAVING A RADIUS OF 800.00 FEET, AN ARC LENGTH OF
160.00 FEET, AND A CHORD BEARING OF S39-44'23"W, TO A POINT ON
THE SOUTHEASTERLY MOST LINE OF LOT 'A'; THENCE N55`59'24"W,
136.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
N55-59'24"W, 10.75 FEET TO A POINT; THENCE N89*02'50"E, 164.62
FEET TO A POINT ON THE EAST LINE OF LOT 20; THENCE
S28"33'37"W, 80.45 FEET TO A POINT; THENCE N89"02'50"W, 178.18
FEET TO A POINT; THENCE S00*31'27"W, 137.13 FEET TO A POINT ON
THE NORTH LINE OF OUTLOT 'Z'; THENCE CONTINUING
S00-31'27"W, 21.20 FEET TO THE NORTH LINE OF LOT 19; THENCE
CONTINUING S00*31'27"W, 41.25 FEET TO A POINT• THENCE
S05 e 20'13"E, 207.81 FEET TO A POINT; THENCE S34'01'10"E, 50.66
FEET TO A POINT; THENCE S09 0 56'52"E, 47.89 FEET TO A POINT ON
THE SOUTH LINE OF LOT 19, SAID POINT ALSO BEING THE POINT OF
TERMINUS.
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