HomeMy WebLinkAboutA009 - Storm Drainage Easement dated August 22, 2006, Instrument No. 200600012579 r
Instruaent:2006- 00012579
M Date:Dct lIP2006 01:50:19P
D Rec Fee: 40.00 E-Con Fee: 1.00
6 Aud Fee: .00 Trans Tax: .00
Rec Hanasenent Fee: 1.00
Non-Standard Pase Fee: .00
Filed for record in Story Countyr Iowa
Susan L. Vande Kamp County Recorder
CITY OF AMES
STORM DRAINAGE EASEMENT
Recorder's Cover Sheet
Preparer Information: William D. Bartine
Belin Lamson McCormick Zumbach Flynn
666 Walnut Street, Suite 2000
Des Moines, IA 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
Grantor: Grantee:
Wal-Mart Stores, Inc. City of Ames, Iowa
Legal Description: See Page 2.
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
STORM DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That WAL-MART STORES, INC., a Delaware corporation, does 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 storm drainage ri t-of-way in, on, through, over, under and
across the following described land in the County of Story, State of Iowa:
DESCRIPTION: Storm Drainage Easement
A tract of land being part of Lot 1 of "Wal-Mart's Subdivision, First
Addition", being part of Lot AF of"Plat of Survey" Instrument No. 2006-
0000 103 9, recorded on January 27, 2006 on Slide 269, Page 5 and part of
Lot AE of "Plat of Survey" Instrument No. 2006-00001038, recorded on
January 27, 2006 on Slide 269, Page 3 of 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 southeast corner of said Lot AE,
also being the southeast corner of said Lot 1, thence along the south line of
said Lot 1 and Lot AE N89°-33'-12"W 167.92 ft. to the point of
beginning; continue thence along said south line N89°-33'-12"W 36.32 ft.
to a point; thence leaving said south line N00°-29'-54"W 16.61 ft. to a
point; thence N191-23'-23"E 177.36 ft. to a point; thence N06°-57'-15"E
377.75 ft. to a point; thence North 365.79 ft. to a point; thence
N590-03'-58'W 211.08 ft. to a point; thence N89°-59'-45'W 100.01 ft. to
the south right-of-way line of Southeast 5th Street, also being on the north
line of said Lot 1; thence along said south right-of-way line and said north
Lot line along a curve deflecting to the left having a radius of 380.00 ft.,
an arc length of 32.15 ft., a chord bearing of N61°-02'-58"E, a chord
distance of 32.14 ft. to a found iron rod, thence along a curve deflecting to
the right having a radius of 300.00 ft., an arc length of 55.72, a chord
bearing of N631-56'-50"E, a chord distance of 55.64 ft. to a point; thence
leaving said line S891-59'-45"E 32.97 ft. to a point; thence S59°-03'-58"E
244.81 ft. to a point; thence South 390.89 ft. to a point; thence
S060-57'-15'W 384.54 ft. to a point; thence S19°-23'-23"W 185.55 ft. to
the point of beginning, containing 1.14 acres. Subject to any and all
easements,restrictions, conditions, etc. of record
(See attached plat marked"Exhibit A"and made a part hereof.)
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1. The grant of this Storm Drainage 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. Grantor warrants that it has good title to the above described premises and that there are
no encumbrances that will limit or interfere with the rights granted herein to Grantee.
3. The Grantor, its 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
Grantee's improvements or the easement area as provided for herein so as not to
unreasonably disturb Grantor's use of its property. 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 Grantor harmless for, and defend Grantor
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 Wal-Mart
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, Grantor shall have the
right at its sole option and expense to relocate said easement upon Grantor's
property. Upon fifteen (15) days written notice Grantee shall release, vacate,
and extinguish all its rights granted pursuant to this easement.
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D. Grantee shall not interfere with Grantor's 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
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. Grantor may, in its 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.
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Dated at Ames, Iowa, this 2-2^� day of 12006.
WAL-MART ST S, INC., a Delaware
corporatio
By:
Name: 11Cp E, (��C�tdRQ,I
Title: regional vice President
Ap0- gzal
v t al
By
- 5 - W �t,Le Team � ,
Date `
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
STATE OF )
COUNTY OF ) ss: INDIVIDUAL
CORPORATE
On this day of A.D. Title(s)of Corporate Officer(s):
200�e , before me, the undersigned, a Notary Public in
d for said State,Eersonally a peared
Corporate Seal is affixed
GAafn el No Corporate Seal procured
PARTNER(s): Limited
to me personally known Partnership
or proved to me on the basis of satisfactory General
evidence Partnership
Attorney-In-Fact
to be the person(s)whose names) is/are subscribed to the Executor(s)or Trustee(s)
within instrument and acknowledged to me that Guardian(s)or Conservator(s)
he/she/they executed the same in his/her/their authorized Other:
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of SIGNER IS REPRESENTING:
which the person(s) acted, executed the instrument.
Oat • List name(s) of person(s)or entity(ies)
(sign in ink)
Oarri'Q ' Q. (print/type name)
Notary Public in and for the State of
oinsa a
(Notary Seal)
[Plat Attachment]
" N
OTARY SEAL "
uirre,Notary Public
ty,State of Arkansas
ion Expires 4/1/2011
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EXHIBIT
STORM DRAINAGE EASEMENT
P A R=;80.00' FOUND IRON ROD
ARc-32.18' a R—=- S.E. 51h STREET NIF S�6
`O="32.14� � 3!W5D,E80' RIGHT—OF—WAY
CHO-55.64'
.e9
FOUND
ROM R 00 ON THE
NORTH LI
NE of PARCEL AF
JI
'^4
N89'59'45"W 100.01' "=
9•�s8`��• 9 ' 6 .
STORM SEWER EASEMENT FROM DARREL CRANE 2
TO THE CITY OF AMES. IOWA RECORDED ON
1
JJANUARY 29, 1997 AS DOCUMENT NO. 97-001 z
TO BE VACATED.
S'Yi N
�:.... .........rra..., STORM DRAINAGE EMENT
,. ,....._..._............... ...............................
r „
at<.»w«.r�v�;.:.n,�
:•: �\ `� ass`' � of p
FOUND IRON ROD AT THE
S.E. CORNER PARCEL AF
,e pt
t00 0 50 100
ICI W W
1 Inch- 100 tt z z
APRIL 21, 2006.
B.F.A. PROJECT NO. 03-2736 I 4J
PROPOSED
WAL—MART SUPERCENTER
4256— <; co
to
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4�;t';. ...... 1a A
/4
4
SWt/ NE1
NWI/4 SEI/4 NE1/4 SE1/4
f to
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' WIDE PERMANENT EASEMENT FOR STORM SEWER a"^i a^i G PURPOSES FROM ASCROW SEED 00. TO THE CITY\. ) pS
OF AMES, IOWA RECORDED p /24/97. AS`T
DOCUMENT NO. 97-01721. TO BE i/ACATED TO
WAL—MARTS SOUTH PROPERTY LINE, z ta
z
M
N00'29'54"W 16.61' d�; FOUND IRON ROD AT THE S.E.
y CORNER OF PARCEL AE
N89'33'12"W
167.92'
P.O.B PAGE 1 OF 2
8T33'12"W 36.32'
a
DESCRIPTION: Storm Drainage Easement
A tract of land being part of Lot 1 of "Wal—Mart's Subdivision First Addition", being part
of Lot AF of "Plot of Survey" Instrument No. 2006-00001039, recorded on January 27,
2006 on Slide 269, Page 5 and port of Lot AE of "Plot of Survey" Instrument No.
2006-00001038, recorded on January 27, 2006 on Slide 269, Page 3 of 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 southeast corner of said Lot AE, also being the
southeast corner of said Lot 1, thence along the south line of said Lot 1 and Lot AE
N89'-33'-12"W 167.92 ft. to the point of beginning; continue thence along said south line
N89'-33'-12"W 36.32 ft. to a point; thence leaving said south line N00'-29'-54"W 16.61
ft. to a point; thence N19'-23'-23"E 177.36 ft. to a point; thence N06'-57'-15"E 377.75
ft. to a point; thence North 365.79 ft. to a point; thence N59'-03'-58"W 211.08 ft. to a
point; thence N89'-59'-45"W 100.01 ft. to the south right—of—woy line of Southeast 5th
Street, also being on the north line of said Lot 1; thence along said south right—of—way
line and said north Lot line along a curve deflecting to the left having a radius of 380.00
ft.. an arc length of 32.15 ft., a chord bearing of N61'-02'-58"E, a chord distance of
32.14 ft. to a found iron rod, thence along a curve deflecting to the right having a
radius of 300.00 ft., an arc length of 55.72, a chord bearing of NU-56'-501, a chord
distance of 55.64 ft. to a point; thence leaving said line S89'-59'-45"E 32.97 ft. to a
point; thence S59'-03'-58"E 244.81 ft. to a point: thence South 390.89 ft. to a point;
thence S06'-57'-15"W 384.54 ft. to a point; thence S19'-23'-23"W 185.55 ft. to the
point of beginning, containing 1.14 acres. Subject to any and all easements, restrictions,
conditions, etc. of record
PAGE 2 OF 2