HomeMy WebLinkAboutA010 - Sanitary Sewer Easement f � �. 1N8T.N62-14209
STORY COR K I WA (L/
c FILED FOR RECORDOP M
AM SE P 19,2002 o
VJBAN iANDE KAMP,ROOORW
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Prepared by&Return to:Thomas G Fisher Jr 3101 Ingersoll Ave Des Moines Iowa 50312 (515)279 9059
SANITARY SEWER EASEMENT
KNOW ALL PERSONS BY TEBBB 'PRESENT : that Ames Land Company,
L.L.C. , an Iowa limited liability„ company (hereinafter called
"Grantor") , hereby conveys 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 real
estate described on Exhibit, "A°��attached hereto (hereinafter called
"Easement Area") , for the ' purpose of; the City constructing,
reconstructing, repairing, replacing, enlarging, inspecting and
maintaining a sanitary sewer•,v, together- with all necessary
structures and appurtenances thereto, under, over, on, . through,
across and within the Easement;.Area.
This Easement shall be subject to the following terms and,
conditions:
1. ERECTION AND PLACEMENT, OF1 STRUCTURES, OBSTRUCTIONS,
PLANTINGS OR MATERIALS PROHIBITED.; Grantor shall not erect, any
fence or other structure (except"Ita ` paved roadway, parking and/or
other utilities) 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 obtainirig , the prior written consent of the
City.
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2. CHANGE OF GRADE PROHIBITED. Grantor shall .not change the
grade, elevation or contour ofany part of the Easement Area without
obtaining the prior. written consent of. the City.
3. RIGHT OF ACCESS.. The City shall have the right of access
to the Easement Area and have ',,all .rights of ingress , and egress
reasonably necessary for the usey'and';enjoyment of the Easement Area
as herein described, including,.but not limited to, the right to
remove, without liability to ,ithe City, any unauthorized fences,
structures, obstruction, planting ors material placed or erected
under, over, on, through, across°for.within the Easement Area,
4. LIABILITY. Except 'as mak be caused by the negligent acts
or omissions of the City, . its'"employees or.-agents, the City shall not
be liable for injury or property, damage; occurring in or to the
Easement Area, the property -.abutting .said Easement Area, nor for
property damage to any improvements or' obstructions thereon resulting
from the City's exercise of-its rights herein granted or arising in
any manner from the existence of,;this, Easement, or from the flowage
or drainage of water into, over,:' through, across, within or out of
said Easement Area. Grantor agrees to indemnify and hold City, its
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employees, agents and repres ant atives,,harmless against .any loss,
damage or injury arising out=;of or resulting from the negligent or
intentional acts or omissions of' Grantor or its employees, agents or
representatives.
5. EASEMENT BENEFIT. This `Easement shall be for the benefit
of the City, the owners of the property abutting said Easement Area,
and the owners of property lying within the City.
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
heirs, successors and assigns. .'.
7. APPROVAL BY CITY COUNCIL. This Easement shall not be
binding until it has received -,,the- final approval and acceptance by
the Ames City Council by Resolution which approval and acceptance
shall be noted on this Easementgby-the City Clerk.
Grantor does HEREBY COVENANT with the City that (i) Grantor
holds said real estate described' in this ; Easement by title in fee
simple; (ii) Grantor has good A'and;,lawful` authority to convey the
same; and (iii) Grantor covenants ,to WARRANT AND DEFEND the said
premises against the claims of ,all persons whosoever.
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Words and phrases hereinrlincluding' acknowledgement hereof shall
be construed as in the singular. or-plural number, and as masculine or
feminine gender, according to he"context.
DATED this day of X+ , 2002.
AMES Y, L.L . , an Iowa
41im d lia 1 co ny
By:
John D. 1 , Secretary
STATE OF; IOWA )
)ss:
COUNTY OF POLK ) �
On this 5' day of
2002, before me, the
undersigned, a Notary Public' n- and . or the State of Iowa,
personally appeared JOHN D. GAMBLE tome personally known, who
being by me duly sworn did say;that he is Secretary of the Iowa
limited liability company executing ,the :foregoing instrument, that
no seal has been procured by;jthealimited .: liability company; that
the instrument was signed on ;.behalf of the limited liability
company by authority of itsr.emanagers; .and that JOHN D. GAMBLE
acknowledged the execution of ,the ,instrument to be the voluntary
act and deed of the limited-;,liabilit ompany by it voluntarily
executed. r.
Name:
PEGGY HUTCHINSON Notary Publ c in and for said State
Lty Nurtiber 182434
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EXHIBITA��.:
SANITARY SEWER EASEMENTS
BLOOMINGTON HEIGHTS WEST PLAT 1
A 30.00 FOOT WIDE SANIfARY�SEWER EASEMENT IN OUTLOT `Z' AND
OUTLOT `A', BLOOMINGTON HEIGHTS WEST,PLAT 1, AN OFFICIAL PLAT IN
THE CITY OF AMES, STORY COUNTY, IOWk THAT IS 15.00 FEET ON EACH
SIDE OF A LINE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AS A POINT OF REFERENCE AT THE SOUTHEAST CORNER OF
SAID OUTLOT `A'; THENCE N70°00'00"W, 23.84 FEET ALONG THE SOUTH
LINE OF SAID OUTLOT TO THE POINT OF BEGINNING; THENCE N29052'22"W,
176.98 FEET TO A POINT; THENCE'N660 15'26"W, 260.46 FEET TO A POINT;
THENCE S87019'24"W, 156.31 FEET TO A POINT OF TERMINUS.
AND,
COMMENCING AS A POINT OF REFERENCE AT THE SOUTHEAST CORNER OF
SAID OUTLOT `A'; THENCE N70000'00"W, 23.84 FEET ALONG THE SOUTH
LINE OF SAID OUTLOT TO A POINT; THENCE N29°52'22"W, 176.98 FEET TO
THE POINT OF BEGINNING;THENCE N00013'15"E, 338.54 FEET TO A POINT OF
TERMINUS.
AND r ;
COMMENCING AS A POINT OF REFERENCE AT THE SOUTHEAST CORNER OF
SAID OUTLOT `A'; THENCE N70°00'00"W, 23.84 FEET ALONG THE SOUTH
LINE OF SAID OUTLOT TO A POINT ,THENCE N2905222"W, 176.98 FEET TO A
POINT; THENCE N66015'26"W, 26046 FEET TO THE POINT OF BEGINNING;
THENCE M1052'06"W, 199.12 FEET TO A POINT; THENCE N45010'22"W, 51.00
FEET TO A POINT OF TERMINUS:
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