HomeMy WebLinkAboutA011 - Storm Sewer Easement dated March 28, 2008 Eller Do loree*y
Box l2A
Nvtcle TA $012.1 � Instrultent:2�1C8- tJ00054.57
`1 ti Date:tlay 19►2008 01:55:46P
D Rec Fee: 15.00 E-Coat Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
Rec tianageatent Fee: 1.00
Hon-Standard Page Fee: .00
Filed for record in Storg Countgr Iowa
Susan L. Wande Kaatpr Counts Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Streetar Cameron,317 6°i Ave.,Suite 300,Des Moines,lA 50309(515)243-8157
Return recorded document to:City Clerk,City of Ames,515 Clark Ave.,P.O.Box 811,Ames,Iowa 50010
CITY OF AMES
STORM SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That (Uwe), Chelan Daybreak, LLC, its successors and assigns, (do/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 storm sewer lines and appropriate appurtenances in, on, through, over, under and across the
following described land in the County of Story, State of Iowa:
(See attached Exhibit"A")
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 (c) all other
rights, easements, privileges and appurtenances, in or to said lands, which 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.
Grantor(s)warrant(s)that(he, she,it, they) (has,have) good title to the above described premises
and that there are no encumbrances which will limit or interfere with the rights granted herein to
Grantee. The Grantor(s), (his,her,its,their)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.
T a
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.
Dated at Ames, Iowa, this /-O day of -Al, *rC , 2008.
CHELAN DAYBREAK, LLC
By: --
Matt Eller, Manager
STATE OF IOWA, COUNTY ss:
On this o2 F)_day of , 2008,before me, a Notary Public in and for the State
of Iowa, personally appeared Matt Eller, Manager of Chelan Daybreak, LLC, an Iowa limited liability
company.
F MEGAN TJERNAGEL
o q commission Numhei 724609 Notar P lic in and r said State
? My Commission Expires
Se tember 18,2009
EXHIBIT "A"
LOT 1
BEING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH
22010'29" EAST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF
321.70 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 77°47'27" EAST,
97.09 FEET; THENCE SOUTH 67°49'29" EAST, 116.88 FEET; THENCE SOUTH
72°59'48" EAST, 96.57 FEET AND THE POINT OF TERMINUS.
AND BEING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH
22010'29" EAST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF
26.18 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 79'19'22" EAST,
108.76 FEET AND THE POINT OF TERMINUS.
All in West Towne Subdivision, an Official Plat, now included in and forming a part of
Ames, Iowa.
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