HomeMy WebLinkAboutA010 - Sanitary Sewer Easement dated August 22, 2006, Instrument No. 200600012580 Vr Ins •trunent•_o OOh-
00012580
M Date-*Oct 11r2006 01:50:52F
D Rec Fee: 0.00 E-Con Fee: 1.00
S Aud Fee: .00 Trans Tax: .00
Rec llanasenent Fee: 1.00
Non-Standard Fase Fee: .00
Filed for record in Story Countyr Iowa
Susan L. Vande Kanar County Recorder
CITY OF AMES
SANITARY SEWER EASEMENT
Recorder's Cover Sheet
Preparer Information: William D. Bartine
Belin Lamson McCormick Zumbach Flynn
666 Walnut Street, Suite 2000
Des Moines, Iowa 50309
515-243-7100
Taxpayer Information: (name and complete address)
Wal-Mart Stores, Inc.
2001 SE 10th Street
Bentonville, AR 72716
Return Document To: (name and complete address)
CHARLES F BECKER/BELIN LAMSON McCORMICK ZUMBACH FLYNN
666 WALNUT ST STE 2000, DES MOINES IA 50309-3989
Grantors: Grantee:
Wal-Mart Stores, Inc. City of Ames, Iowa
Ward Development, L.C.
Legal Description: See Pages 2 and 3.
Document or instrument number of previously recorded documents: Not
Applicable.
NOTE: this cover page is prepared in compliance with Iowa Code Section 331.606b 2005 .
P g P P P � � )
This cover page is provided for information purposes only.
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William D. Bartine ISBA#000000271
CITY OF AMES
SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That WAL-MART STORES, INC., a Delaware corporation, and WARD
DEVELOPMENT, L.C., an Iowa limited liability company, do hereby grant, bargain
and convey to the CITY OF AMES, IOWA, a municipal corporation, a perpetual right
of way and easement, with the right, privilege and authority to said municipal
corporation, its successors, licensees, assigns and lessees, to locate, relocate, replace,
construct, reconstruct, repair, operate, maintain, patrol and/or remove an underground
sewer line or lines, for sanitary sewer purposes in, on, through, over, under and across the
following described land in the County of Story, State of Iowa:
DESCRIPTIONS:
Sanitary Sewer Easement No. 1
A tract of land being part of Lot 1 of "Wal-Mart's Subdivision,
First Addition" (unrecorded), part of Parcel "AF" of "Plat of
Survey" Instrument No. 2006-00001039, recorded on January 27,
2006 on Slide 269, Page 5 in the Story County Recorder of Deeds
Office all being part of the Southwest Quarter of the Northeast
Quarter of Section 11, Township 83 North, Range 24 West of the
5th P.M., City of Ames, Story County, Iowa to wit:
Beginning at a found iron rod at the northeast corner of said Lot 1,
also being on the east line of said Parcel "AF", also being the
southeast corner of Southeast 5th Street; thence along the east line
of said Lot 1 and said Parcel AF S00°-20'-04"E 400.08 ft. to a
found iron rod; thence leaving said east line S89°-39'-56"W 20.00
ft. to a point; thence N00°-20'-04"W 390.06 ft. to a point; thence
S890-36'-44"W 170.18 ft. to a point; thence N00°-23'-16"W 10.00
ft. to the south right-of-way line of said Southeast 5th Street, also
being on the north line of said Lot l; thence along said lot line and
said right-of-way line N89°-36'-44"E 190.19 ft. to the point of
beginning, containing 0.22 acres. Subject to any and all easement,
restrictions, conditions, etc. of record.
Sanitary Sewer Easement No. 2
A tract of land being part of Lot 1 of "Wal-Mart's Subdivision,
First Addition" (unrecorded), being part of Parcel "AA",
Instrument No. 03-09980, filed on May 20, 2003, part of Parcel
2
AE of"Plat of Survey" Instrument No. 2006-00001038, recorded
on January 27, 2006 on Slide 269, Page 3, all in the Story County
Recorder of Deeds Office all being part of the Northwest Quarter
of the Southeast of Section 11, Township 83 North, Range 24 West
of the 5a'P.M., City of Ames, Story County, Iowa to wit:
Commencing at a found iron rod at the southeast corner of said Lot
1, also being the southeast corner of said Parcel AE, thence along
the south line of said Lot 1 and said Parcel AE N89°-33'-12"W
618.57 ft. to the point of beginning, continue thence along said
south line N89°-33-12"W 10.07 ft. to a point; thence leaving said
south line N07°-00'-01"E 229.16 ft. to a point; thence
S820-59'-59"E 10.00 ft. to a point; thence S07°-00'-01"W 228.01
ft. to the point of beginning, containing 0.05 acres. Subject to any
and all easement, restrictions, conditions, etc. of record.
(See attached plats marked"Exhibit A"and"Exhibit B"and made a part
hereof.)
1. The grant of this Sanitary Sewer Easement is together with (a) the right of ingress
and egress to, from, and over the above-described premises for doing anything
necessary or useful for the enjoyment of the easement herein granted, and (b) all
other rights, easements, privileges, and appurtenances in or to said lands that may
be required for the full enjoyment of the rights herein granted, together with the
right to assign or grant partially or wholly to others the right or license to use the
easement herein granted or any part thereof for the uses and with the rights herein
specified.
2. Grantors warrant that they have good title to their respective portions of the above
described premises and that there are no encumbrances that will limit or interfere
with the rights granted herein to Grantee.
3. The Grantors, their respective tenants, heirs, successors, and assigns shall have the
right to use and enjoy said premises fully, except for the rights and privileges
hereinbefore granted to the Grantee; provided however, that no buildings,
structures or improvements either permanent or temporary in nature, nor shall the
terrain be altered without prior written consent of Grantee, nor shall any other
utilities be placed in, on, through, over or across the easement without Grantee's
prior written consent; that the use of said premises shall at all times be subject to
such acts and uses by Grantee as may be necessary for the purposes herein set
forth.
4. The foregoing rights are granted upon the express condition that the City of Ames,
Iowa, will assume all liability for all damages to the above described property
caused by the City's failure to use due care in its exercise of the rights, privileges
and authorities granted.
5. Notwithstanding anything to the contrary in the foregoing:
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A. Grantee agrees to use due care in any use of the easement herein granted
and in the construction, installation, repair, replacement and
maintenance either Grantee's improvements or the easement area as
provided for herein so as not to unreasonably disturb Grantors' use of
their respective properties. Grantee agrees to return the easement area
to its condition that existed prior to the installation of any of its
improvements in the easement area, including but not limited to the
replacement of any sod, landscaping, paving or other improvements that
existed within the easement area prior to such installation.
B. Grantee will forever waive and hold Grantors harmless for, and defend
Grantors against, any claims, losses, causes of action, and suits that arise
from Grantee's, its agents', employees' or invitees' acts or omissions,
including but not limited to the use of the easement herein granted, and
Grantee will indemnify Grantors for any losses suffered due to any such
claims, losses, causes of action or suits.
C. The easement granted hereunder is a permanent easement and will
continue in full force and effect so long as the easement is used by the
Grantee, its successors and assigns. Notwithstanding the foregoing,
Grantors shall have the right at their sole option and expense to relocate
said easement upon Grantors' properties. Upon fifteen(15)days written
notice Grantee shall release, vacate, and extinguish all its rights granted
pursuant to this easement.
D. Grantee shall not interfere with Grantors' business operations while
utilizing this easement.
E. In exercising any rights and privileges under this easement, Grantee
shall comply fully with any federal, state, or local laws, regulations,
ordinances, permits, or other authorizations or approvals or other
requirements relating to storm water discharges or the control of erosion
or sediment discharges from construction projects, including but not
limited to the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm
Water General Permit for Discharges Associated with Construction
Activities (collectively the"Storm Water Requirements").
F. Grantee shall secure, maintain, and comply with all required licenses,
permits, and certificates relating to, or otherwise necessary or
appropriate for, the construction, installation, repair, replacement, and
maintenance of either Grantee's improvements or the easement area as
provided for herein. Grantee shall comply with any and all applicable
federal, state, and local laws, rules, regulations, statutes, codes, orders,
and ordinances, including, but not limited to, those governing the
prevention, abatement, and elimination of pollution and/or protection of
the environment and the employment of its workers.
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G. Grantee shall (i)comply in all respects with all immigration laws,
statutes, rules, codes and regulations, (ii)properly maintain all records
required by the United States Citizenship and Immigration Services (the
"USCIS"), including, without limitation, the completion and
maintenance of the Form I-9 for each of Grantee's employees, and
(iii)respond in a timely fashion to any inspection requests related to
such I-9 Forms. Grantee shall fully cooperate in all respects with any
audit, inquiry, inspection, or investigation that may be conducted by the
USCIS of Grantee or any of its employees. Grantee shall, on a bi-
annual basis during the term of this easement, conduct an audit of the I-
9 Forms for its employees and shall promptly correct any defects or
deficiencies that are identified as a result of such audit. Grantors may,
in their sole discretion, terminate this easement immediately if, at any
time during the term, (x)Grantee violates or is in breach of any
provision of this paragraph or (y)the USCIS determines that Grantee
has not complied with any of the immigration laws, statutes, rules,
codes and regulations of the United States. Grantee shall require all
subcontractors performing any work on Grantee's improvements or the
easement area as provided for herein to make the covenants set forth in
this paragraph.
Dated at Ames, Iowa,this ZZ" day of
2006.
WAIL-MART STORES,INC., a
Delaw o
By:
N e: ) Qj _
Title: Regional Vice President
STATE OFkQIJ� )
SS:
COUNTY OFZa ,�±M )
This instrument was acknowledged before me on the '-day of August, 21P106 by
c�dt p h as
of Wal-Mart Stores, Inc.
" NOTARY SEAL"
Carrie A.Aguirre,Notary Public in and for the State of
Benton County.State of Arkansas Notary Public
My Commission Expires 41112011
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WAL-MM
DEP
Date: _ �(n
Dated at Ames, Iowa, this day of j
2006.
WARD DEVELOPMENT,L.C.,
an Iowa limited liability company
By:
kou�/
Name:
Title:
STATE OF IOWA )
SS:
COUNTY OF _ a , )
This instrument was acknowledged before me on the-S—day of ,2006 by
��--��u as fYj 6�
of Ward Development, L.C.
�� Ld CRAIG R.HASTINGS '4;
Commission Number 139M
My Commission Eros Notary lie in and for Te of
June 26,2007 Iowa
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EXHIBIT
SANITARY SEWER EASEMENT
S.E. 5th STREET FOUND IRON ROD E 5�00
80' RIGHT—OF—WAY
P.0.6. �GE�
N89'36'44E 190.19'
N00'23'16"W 589-36'44W 170.18'
10.00' FOUND IRON R00 AT THE
N.E. CORNER PARCEL AF
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---- S.E. CORNER PARCEL AF
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;3 Z S89'39'56'W 20.00'
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AUGUST 02, 2006.
B.F.A. PROJECT NO. 03—M5 ` --=L
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PROPOSED
WAL-MART SUPERCENTER
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DESCRIPTION: Sanitary Sewer Easement No. 1 SW1/4 NE1/4 SEt/4 NE1/4
NW1/4 SE1/4 NE1/4 SE1/4
A tract of land being part of Lot 1 of "Wal—Mort's Subdivision First
Addition" (unrecorded), part of Parcel "AF" of "Plot of Survey" Instrument
No. 2006-00001039, recorded on January 27, 2006 on Slide 269, Page 5
in the Story County Recorder of Deeds Office all being part of the
Southwest Quarter of the Northeast Ouarter of Section 11. Township 83
North, Range 24 West of the 5th P.M., City of Ames, Story County. Iowa to
wit!
Beginning at a found iron rod at the northeast corner of said Lot 1, also
being on the cost line of said Parcel 'Al"', also being the southeast corner
of 5outhea5t 5th 5treet; thence along the east line of said Lot 1 and said
Parcel AF S00'-20'-04"E 400.08 ft. to a found iron rod; thence leaving
said east line S89'-39'-56"W 20.00 ft. to a point; thence N00'-20'-04`W \
390.06 ft. to a point; thence S89'-36'-44"W 170.18 ft. to a point; thence
N00'-23'-16"W 10.00 ft. to the south right—of—way line of said Southeast z z
5th Street, also being on the north line of said Lot 1; thence along said
lot line and said right—of—woy line N89'-36'-44'E 190.19 ft. to the point
of beginning, containing 0.22 acres. Subject to any and all easement,
restrictions, conditions, etc. of record.
Q FOUND IRON ROD AT THE S.E
ttP� CORNER OF PARCEL AE
PAGE I OF 1 ��
Ames, Iowa Wal-Mart
B.F.A. Project No. 03-2735
August 2, 2006, M.R.F.
DESCRIPTION: Sanitary Sewer Easement No. 1
A tract of land being part of Lot 1 of"Wal-Mart's Subdivision First Addition" (unrecorded),
part of Parcel"AF"of"Plat of Survey" Instrument No. 2006-00001039, recorded on
January 27, 2006 on Slide 269, Page 5 in the Story County Recorder of Deeds Office all
being part of the Southwest Quarter of the Northeast Quarter of Section 11, Township 83
North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa to wit:
Beginning at a found iron rod at the northeast comer of said Lot 1, also being on the east
line of said Parcel"AF", also being the southeast corner of Southeast 5th Street; thence
along the east line of said Lot 1 and said Parcel AF S00°-20'-04"E 400.08 ft. to a found
iron rod; thence leaving said east line S89°-39'-56"W 20.00 ft. to a point; thence
N000-20'-04"W 390.06 ft. to a point; thence S890-36'-44"W 170.18 ft. to a point; thence
N00°-23'-16"W 10.00 ft. to the south right-of-way line of said Southeast 5th Street, also
being on the north line of said Lot 1; thence along said lot line and said right-of-way line
N890-36'-44"E 190.19 ft. to the point of beginning, containing 0.22 acres. Subject to any
and all easement, restrictions, conditions, etc. of record.
P . g
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