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Home My WebLink AboutA007 - Water Line Easement dated August 22, 2006, Instrument No. 200600012577 T VO\Instrument:2006- 00012577 M Date:Oct 11r2006 01:48:27P D Rec Fee: 45.00 E-Con Fee: 1.00 Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story Countsy Iowa Susan L. Vande Kampf Counts Recorder CITY OF AMES WATER LINE 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 loth 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). This cover page is provided for information purposes only. William D. Bartine ISBA#000000271 CITY OF AMES WATER LINE 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 water line plus all relevant fixtures, for the purpose of providing city water service in, on, through, over, under and across the following described land in the County of Story, State of Iowa: DESCRIPTION: Water Main Easement 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 AE of "Plat of Survey" Instrument No. 2006-00001038, recorded on January 27, 2006 on Slide 269, Page 3, part of Parcel.AF of"Plat of Survey" Instrument No. 2006- 00001039, recorded on January 27, 2006 on Slide 269, Page 5, part of Parcel AH of "Plat of Survey" Instrument No. 2006-00001040, recorded on January 27, 2006 on Slide 270, Page 1 all in the Story County Recorder of Deeds Office all being part of the Northwest Quarter of the Southeast Quarter and 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: Commencing 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 S.E. 5th Street; thence along the north line of said Lot 1, also being the south right-of-way line of said 5th Street S89°-36'-44"W 142.54 to the point of beginning; thence leaving said line South 924.39 ft. to a point; thence West 461.32 ft. to a point; thence N55°-29'-07"W 26.15 ft. to a found iron rod at the northwest corner of said Parcel "AE", also being on the south line of said Parcel "AA"; thence along said south line N89°-33'- 12"W 73.15 ft. to a point; thence leaving said line North 345.05 ft. to a point; thence West 566.57 ft. to the east right-of-way line of South Duff Avenue (U.S. Highway No. 69); thence along said right-of-way line N00°- 32'-29"W 10.00 ft. to a point; thence leaving said right-of-way line East 566.67 ft. to a point; thence North 454.46 ft. to a point on the south right- of-way line of said 5th Street; thence along said south right-of-way line S890-54'-45"E 10.00 ft. to a point; thence South 206.02 ft. to a point; thence East 30.00 ft. to a point; thence South 10.00 ft. to a point; thence - 2 - West 30.00 ft. to a point; thence South 372.77 ft. to a point; thence East 17.00 ft. to a point; thence South 10.00 ft. to a point; thence West 17.00 ft. to a point; thence South 200.78 ft. to a point; thence S890-33'-12"E 84.14 ft. to a point; thence S550-29'-07"E 25.86 ft. to a point; thence East 383.84 ft. to a point; thence North 20.00 ft. to a point; thence East 10.00 ft. to a point; thence South 20.00 ft. to a point; thence East 36.72 ft. to a point; thence North 437.36 ft. to a point; thence West 5.00 ft. to a point; thence North 10.00 ft. to a point; thence East 5.00 ft. to a point; thence North 323.21 ft. to a point; thence West 21.50 ft. to a point; thence North 10.00 ft. to a point; thence East 21.50 ft. to a point; thence North 133.75 ft. to the south right-of-way line of said 5th Street; thence along said south right-of- way line N890-36'-44"E 10.00 ft. to the point of beginning, containing 0.67 acres. Subject to any and all easement, restrictions, conditions, etc. of record. (See attached plat marked"Exhibit A"and made a part hereof) 1. The grant of this Water Line Easement is together with (a) the right, privilegeand_ authority to trim, cut and remove from said premises any trees, overhanging branches, or other obstructions within a radius of 10 (ten) feet from said line or lines of poles, wires, and fixtures, as located, (b) 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 (c) 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 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: 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 - 3 - 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. 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 - 4 - 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 Z day of ``p� , 2006. WAL-MART STORES,INC., a Delaware corporatio By: Name: Title: Hegionai vice President STATE OF Paf) ) SS: COUNTY OF CQ131M ) This instrument was acknowledged before me on fte day of August, 2 06 by k7`�l1Cls E LCL L,= k as n�4 «tC' Q. O Q�of Wal- Mart Stores, Inc. " NOTARY SEAL " LAAAQ �11� Carrie A.Aguirre, Notary Public Notary Public in and for the State of Ira Benton County,State of Arkansas - My Commission Expires 4/1 J2011 V S t to - 5 - WAL-MART LEGAL DEPT. Date: _ c� Dated at Ames, Iowa, this 5 day of 12006. WARD DEVELOPMENT, L.C., an Iowa limited liability company By: Name: � 2 Title: STATE OF IOWA ) SS: COUNTY OF This instrumgn�t tsAcknowl ed before me on the day of , 2006 by as of Ward Development, L.C. CRAiG R. HASTINGSd-x, �. Commission Number 1&%21 My Commission Evires Notary Pub c in and for the S to of Iowa June 26,2007 c:`xltcumeitt anil settings'.cti�cYl er':local settings'.temporary internet fileslolkG- .eas-amen water Ima facilitie .doc [Plat Attachment] e:`dcKumenL and settit;_s`efl>eekcr'.lsxal settiiigs'.ternporary internet tileslolk6t`cas<rmc;s water line facilities.doc - 6 - EXHIBIT WATER LINE EASEMENT 100 so 100 FOUND IRON ROD ON THE I inch =100 M NORTH LINE OF PARCEL AF AUGUST 02, 2006 N8736*44E 10.00' A. # 3-2735 142.54* ............. 0, S89*54 45E 10.00* ........... !I CAI 1 i 11 (A % EAST 21.50, NORTH Mai if ox� _-z................. = ,,. ''�*', *65T 21 fi 10 ........... ......�� .......... EAST So 00 w ti. a I IN I SOUTH 10.00 WEST 30.0 WATER LINE EASEMENT ItI t EAST 5 06' 1:1 jc 10. 10, WIDE RIGHT OF WAY PERMIT AND WEST '00 Zi EASEMENT FROM AMES WARD-WAY TO 0 THE CITY OF AMES RECORDED IN BOOK 95, PAGE 144, TO BE VACATED. j PROPOSED 04 ........ WAL-MART SUPERCENTER 0 41 ............ Af C4 10' WIDE RIGHT OF WAY PERMIT AND _41 Z. EAST 17.00' 1 1 : EASEMENT FROM AMES WARD-WAY TO , if I THE CITY OF AMES RECORDED IN BOOK Al I I 95, PAGE 144, TO BE VACATED SOYTH 10.0o' (A Nl\ W& 17.00' x .......... z 0 if ell% fig, EAST 36.72' . 20.00* 10.00* ...................... NORTH,io A I. 383.84"', ........... N8733121w zz Z.Z J 73.15 WEST 461.32' N55!2 9 26.15" I. 4 PAGE 1 OF 2 - P9 " .......................+.b,rre»,sra>v»»rsw»>.sn.:.�:•iv»rr»ro/iryh'NWNfJIi�.v.vn, s•,:�:rzri:w:y��z::r.:•r::.-,znr::vr,:J��;;lr�•»»ro»,e»»»n+lr»»reirw>r»»»»n>,.i.::,� I' ti I I I j { 1 100 0 50 100 i' t inch =100 tL ? ...................... `'` '`;' AUGUST 02, 2008 „»ro, F �,. B.F.A. #03-2735 n ,i'.r 7r rr� a ,,:,:„rer...,.r:r.r II � I n y }; v EA$T 566.8T>. ''V 3I0.00' WEST WATER MAIN EASEMENT AS PER Y ........ ;......... w{; � .iN�"`�a+r"✓ SURVEY RECORDED ON 5/20/03 AS INSTRUMENT NO. 03-09980, `i s SLIDE 166, PAGE 4 TO BE VACATED ICI i LL ...� ..:f....} f . `. Y 'T-K i i i! t�i11.I ti t �X . il 'ttiY Irr» r,.,v, ,5 ................................,.. DE1;4bRFWN: Water Main Easement 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 AE of "Plot of Survey" Instrument No. 2006-000010 , recorded on January 27, 2006 on Slide 269, Page 3, port of Parcel AF of 'Plat of Survey" Instrument No. 2006-00001039, recorded on January 27, 2006 on Slide 269, Page 5, part of Parcel AH of "Plot of Survey" Instrument No. 2006-0000 1 04-0. recorded on January 27, 20,06 on Slide 270. Page 1 all in the Story County Recorder of Deeds Office all being part of the Northwest Quarter of the Southeast Quarter and 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: Commencing 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 S.E. 5th Street; thence along the north line of said Lot 1, also being the south right-of-way line of said 5th Street S89'-36'-44'W 142.54 to the point of beginning; thence leaving said line South 924.39 ft. to a paint; thence West 461.32 ft. to a point; thence N55'-29'-07"W 26.15 ft. to o found iron rod of the northwest corner of said Parcel "AE also being on the south line of said Parcel "AA"; thence along said south line N89'-33'-12"W 73.15 ft. to a point; thence leaving said line North 345.05 ft. to a point; thence West 566.57 ft. to the east right-of-way line of South Duff Avenue (U.S. Highway No. 69), thence along said right-of-way line NOG'-32'-29'W 10,00 ft_ to a point; thence leaving said right-of-way line East 566.67 ft. to a point; thence North 454.46 ft. to a pant on the south right-of-way line of said 5th Street; thence along said south right-of-way line S89'-54'-45"E 10.00 ft. to a point; thence South 206,02 fL to a paint; thence East 30.00 ft. to o point; thence South 10.00 ft. to a point; thence West 30.00 ft. to o point; thence South 372.77 ft. to a point; thence East 17.00 ft. to a point; thence South 10.00 ft. to a point; thence West 17.00 ft. to a point; thence South 200.78 ft. to a point; thence S89'-33'-12"E 84.14 ft. to a point; thence S55'-29'-07'E 25.86 ft. to a point; thence East 383.84 ft. to a point; thence North 20.00 ft. to a point; thence East 10.00 ft. to a point; thence South 20.00 ft. to in point; thence East 36-72 ft. to a point; thence North 437.36 ft. to a point; thence West 5.00 ft. to a point; thence North 10.00 ft to a point; thence East 5.00 ft. to a point; thence North 323.21 ft. to a point; thence West 21.50 ft. to a point; thence North 10.00 ft. to a point; thence East 21.50 ft. to a paint; thence North 133.75 ft. to the south right-of-way line of said 5th Street; thence along said south right-of-way line N89'-36'-44'E 10.00 ft. to the point of beginning, containing 0.67 acres. Subject to any and all easement, restrictions, conditions, etc. of record. PAGE 2 OF 2 A Ames, Iowa Wal-Mart B.F.A. Project No. 03-2735 August 2, 2006, M.R.F. DESCRIPTION: Water Main Easement 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 AE of"Plat of Survey" Instrument No. 2006-00001038, recorded on January 27, 2006 on Slide 269, Page 3, part of Parcel AF of"Plat of Survey" Instrument No. 2006-00001039, recorded on January 27, 2006 on Slide 269, Page 5, part of Parcel AH of"Plat of Survey" Instrument No. 2006-00001040, recorded on January 27, 2006 on Slide 270, Page 1 all in the Story County Recorder of Deeds Office all being part of the Northwest Quarter of the Southeast Quarter and 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: Commencing 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 S.E. 5th Street; thence along the north line of said Lot 1, also being the south right-of-way line of said 5th Street S890-36'-44'V1/ 142.54 to the point of beginning; thence leaving said line South 924.39 ft. to a point; thence West 461.32 ft. to a point; thence N550-29'-07"W 26.15 ft. to a found iron rod at the northwest corner of said Parcel "AE", also being on the south line of said Parcel "AA'; thence along said south line N890-33'-12"W 73.15 ft. to a point; thence leaving said line North 345.05 ft. to a point; thence West 566.57 ft. to the east right-of- way line of South Duff Avenue (U.S. Highway No. 69); thence along said right-of-way line N00°-32'-29"W 10.00 ft. to a point; thence leaving said right-of-way line East 566.67 ft. to a point; thence North 454.46 ft. to a point on the south right-of-way line of said 5th Street; thence along said south right-of-way line S890-54'-45"E 10.00 ft. to a point; thence South 206.02 ft. to a point; thence East 30.00 ft. to a point; thence South 10.00 ft. to a point; thence West 30.00 ft. to a point; thence South 372.77 ft. to a point; thence East 17.00 ft. to a point; thence South 10.00 ft. to a point; thence West 17.00 ft. to a point; thence South 200.78 ft. to a point; thence S890-33'-12"E 84.14 ft. to a point; thence S550-29'-07"E 25.86 ft. to a point; thence East 383.84 ft. to a point; thence North 20.00 ft. to a point; thence East 10.00 ft. to a point; thence South 20.00 ft. to a point; thence East 36.72 ft. to a point; thence North 437.36 ft. to a point; thence West 5.00 ft. to a point; thence North 10.00 ft. to a point; thence East 5.00 ft. to a point; thence North 323.21 ft.to a point; thence West 21.50 ft. to a point; thence North 10.00 ft. to a point; thence East 21.50 ft. to a point; thence North 133.75 ft. to the south right-of-way line of said 5th Street; thence along said south right-of-way line N89°-36'-44"E 10.00 ft.to the point of beginning, containing 0.67 acres. Subject to any and all easement, restrictions, conditions, etc. of record. Pg. q