HomeMy WebLinkAboutA023 - Sanitary Sewer Easement dated January 9, 2020, Instrument No. 2020-00485 Instrument 0: 2020-00485
01/15/2020 09:35:56 AM Total Pages: 8
EASE EASEMENTS
Recording Fee: 42.00
Stacie Herridge, Recorder, Story County Iowa
1111 All NO 0,11'
S P A C E ABOVE RESERVED FOR O F+ F I C IA L USE
Legal description: See pages 3 &4.
Return document to: City Clerk,515 Clark Avenue,Ames IA 500 10
Document prepared by: City of Ames Legal Department,515 Clark Ave.,Ames,IA 50,310-515-239-5146
Sanitary Sewer Easement
Know All Persons: The undersigned, Tailwind 1854 Madison, LLC, a Minnesota limited
liability company, (hereinafter referred to as the"Grantor"), its successors and assigns,for valuable
consideration the sufficiency of which is hereby acknowledged, does hereby grant unto the Ci of
Ames, Iowa, a municipal corporation, its successors and assigns (hereinafter referred to as the
"Grantee"), upon the conditions hereinafter recited, the perpetual right to enter upon the land
hereinafter de- scribed as the Easement Area for the uses set forth hereinafter over, upon, across
and under the Easement Area together with a perpetual right of ingress and egress between said
Easement Area from adjacent public rights-of-way.The Easement Area is a strip of land situated in
Story County, Iowa,as shown on the attached Permanent Easement Exhibit (showing Easements A-
E),and described as follows:
For the use of a sanitary sewer system:
The real property shown on Exhibit"A"attached hereto and by this reference
made a part hereof(the"Easement Area").
Grantee shall have the right within the Easement Area to construct, reconstruct,cover over,
clean up,operate,use, maintain,and repair the systems described.The foregoing rights are granted
by the Grantors and shall be accepted and exercised by the Grantee, if at all,subject to the following
terms and conditions:
i Obstructions Prohibited. The Grantor, as the fee simple owners of the underlying real es-
tate, and the Grantors' successors and assigns, shall not erect or place within the Easement Ar-
ea any building or other structure or improvement or any trees, shrubs or other landscape
plantings other than grass or comparable ground cover except with the prior written consent of
the Grantee. The Grantee shall have the right to prevent damage to a permitted improvement
of the Grantee located within the Easement Area, which shall include the right to remove
obstructions within the Easement Area.
2 Restoration. Immediately following construction, reconstruction, or repair work by the
Grantee within the Easement Area, weather and season permitting, Grantee shall return the
Easement Area to its condition prior to said work,at Grantee's sole cost.
3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee
are nonexclusive. This instrument shall not preclude the Grantor from granting similar ease-
ment rights to third parties upon terms and conditions that do not impair or diminish the
rights granted under this instrument to the Grantee.
Easement P a g e 1 2
4 Title Warranty. The Grantor warrants to the Grantee that the Grantor holds the Easement
Area by title in fee simple; that the Grantor has good and lawful authority to grant the ease-
ment rights herein provided for.
5 Successors. This Easement shall be binding upon successors and/or assigns of both Grantor
and Grantee.
6 Interpretation.Words and phrases used in this instrument shall be construed as in the single
or plural number, and as masculine, feminine or neuter gender, according to the context. This
instrument shall be governed exclusively by and construed in accordance with the laws of the
State of Iowa. The paragraph headings in this instrument are for convenience only and in no
way define or limit the scope or intent of any provisions of this instrument.
In Witness Whereof the undersigned has executed this instrument on
Q ,20 Zb.
TAILWIND 854 MAPISON, LLC
By: L-
TURE
NAME PRINTED
/ G.?C,
TITLE OF AUTHORIZED SIGNER
I�IN N e4VI
STATE OF 103M COUNTY OFffORY,SS.:
This instrument was acknowledged before me on , 20Q-(—),by
,YU 1 h-C Z!!Mwi a ,,wAoL n , (insert name)as djM i n ,
W C_L,A l_ e✓ , (insert title)of Tailwind 1854 Madison, LLC.
o�."E '�F JANINE B. ZIMMERMAN NO` RY PUBLIC
NOTARY PUBLIC
y MINNESOTA
�1•, �� My Commission Expires Jan 31,2023
EXHIBIT `A' - Legal Description for Easements
SANITARY SEWER`EASEMENT A' DESCRIPTION
All that part of Lot i, Aspen Business Park Subdivision Third Addition, according to the recorded plat
thereof, City of Ames, Story County, Iowa, is described as follows:
Commencing at the southwest corner of said Lot i; thence South 89 degrees 39 minutes 42 seconds East
on the South line of said Lot 1, a distance of 62.54 feet to the Point of Beginning; thence North o0
degrees 20 minutes 18 seconds East, 264.33 feet; thence North 16 degrees 40 minutes 50 seconds East,
n9.i8 feet to a point on the North line of said Lot i;thence South 89 degrees 42 minutes 40 seconds East,
on said North line, 20.85 feet; thence South 16 degrees 40 minutes 50 seconds West, 110.27 feet; thence
South 89 degrees 39 minutes 42 seconds East, 219.74 feet; thence South oo degrees 20 minutes 18
seconds West, 20.00 feet; thence North 89 degrees 39 minutes 42 seconds West, 223.10 feet; thence
South oo degrees 20 minutes 18 seconds West, 252.89 feet to a point on the South line of said Lot 1;
thence North 89 degrees 39 minutes 42 seconds West, on said South line, 20.00 feet to the Point of
Beginning.
SANITARY SEWER`EASEMENT B' DESCRIPTION
All that part of Lot i, Aspen Business Park Subdivision Third Addition, according to the recorded plat
thereof, City of Ames, Story County, Iowa, is described as follows:
Commencing at the southwest corner of said Lot 1; thence South 89 degrees 39 minutes 42 seconds East
on the South line of said Lot i, a distance of 456.97 feet to the Point of Beginning; thence North o0
degrees 21 minutes 14 seconds East, no.68 feet; thence South 89 degrees 39 minutes 24 seconds East,
20.00 feet; thence South oo degrees 21 minutes 14 seconds West, uo.68 feet to a point on the South line
of said Lot i; thence North 89 degrees 39 minutes 42 seconds West, on said South line, 20.00 feet to the
Point of Beginning.
SANITARY SEWER`EASEMENT C'DESCRIPTION
All that part of Lot 2, Aspen Business Park Subdivision Third Addition, according to the recorded plat
thereof, City of Ames, Story County, Iowa, is described as follows:
Commencing at the northwest corner of said Lot 2; thence South 89 degrees 39 minutes 42 seconds East
on the North line of said Lot 2, a distance of 63.13 feet to the Point of Beginning; thence South 05
degrees 47 minutes 59 seconds East, 201 .40 feet; thence North 84 degrees 12 minutes of seconds East,
20.00 feet; thence North 05 degrees 47 minutes 59 seconds West, 199.25 feet to a point on the North line
of said Lot 2; thence North 89 degrees 39 minutes 42 seconds West, on said North line, 20.12 feet to the
Point of Beginning.
SANITARY SEWER`EASEMENT D'DESCRIPTION
All that part of Lot 2, Aspen Business Park Subdivision Third Addition, according to the recorded plat
thereof, City of Ames, Story County, Iowa, is described as follows:
Commencing at the northwest corner of said Lot 2; thence South thence 89 degrees 39 minutes 42
seconds East on the North line of said Lot 2, a distance of 455.97 feet to the Point of Beginning;thence
South of degrees 18 minutes 39 seconds West, 186. 76 feet; thence South 88 degrees 41 minutes 21
seconds East, 20.0o feet;thence North of degrees 18 minutes 39 seconds East, 187 .io feet to a point on
the North line of said Lot 2; thence North 89 degrees 39 minutes 42 seconds West, on said North line,
20.00 feet to the Point of Beginning.
SANITARY SEWER`EASEMENT E'DESCRIPTION
All that part of Lot 2, Aspen Business Park Subdivision Third Addition, according to the recorded plat
thereof, City of Ames, Story County, Iowa, is described as follows:
The North 49.00 feet of the West 15.00 feet of said Lot 2.
UUMF'ANY NAMtz:IJCi
OFFICE ADDRESS:508 E.Locust St. Des Moines IA 50309
?HONE:515-243-9143
PERMANENT EASEMENTS
PART OF LOTS 1 and 2,
ASPEN BUSINESS PARK SUBDIVISION THIRD ADDITION
CITY OF AMES, STORY COUNTY, IOWA
SANITARY SEWER EASEMENT A DESCRIPTION:
All that part of Lot 1, Aspen Business Park Subdivision Third Addition,according to the
recorded plat thereof, City of Ames, Story County, Iowa, is described as follows:
Commencing at the southwest corner of said Lot 1; thence South 89 degrees 39 minutes 42
seconds East on the South line of said Lot 1, a distance of 62.54 feet to the Point of
Beginning; thence North 00 degrees 20 minutes 18 seconds East, 264.33 feet; thence North
16 degrees 40 minutes 50 seconds East, 119.18 feet to a point on the North line of said Lot
1; thence South 89 degrees 42 minutes 40 seconds East, on said North line, 20.85 feet;
thence South 16 degrees 40 minutes 50 seconds West, 110.27 feet; thence South 89
degrees 39 minutes 42 seconds East, 219.74 feet; thence South 00 degrees 20 minutes 18
seconds West, 20.00 feet; thence North 89 degrees 39 minutes 42 seconds West, 223.10
feet; thence South 00 degrees 20 minutes 18 seconds West, 252.89 feet to a point on the
South line of said Lot 1; thence North 89 degrees 39 minutes 42 seconds West, on said
South line, 20.00 feet to the Point of Beginning.
(See sheet 3)
SANITARY SEWER EASEMENT B DESCRIPTION:
All that part of Lot 1, Aspen Business Park Subdivision Third Addition, according to the
recorded plat thereof, City of Ames, Story County, Iowa, is described as follows:
Commencing at the southwest corner of said Lot 1; thence South 89 degrees 39 minutes 42
seconds East on the South line of said Lot 1, a distance of 456.97 feet to the Point of
Beginning; thence North 00 degrees 21 minutes 14 seconds East, 110.68 feet; thence
South 89 degrees 39 minutes 24 seconds East, 20.00 feet; thence South 00 degrees 21
minutes 14 seconds West, 110.68 feet to a point on the South line of said Lot 1; thence
North 89 degrees 39 minutes 42 seconds West, on said South line, 20.00 feet to the Point
of Beginning.
(See sheet 3)
SANITARY SEWER EASEMENT C DESCRIPTION:
All that part of Lot 2, Aspen Business Park Subdivision Third Addition, according to the
recorded plat thereof, City of Ames, Story County, Iowa, is described as follows:
Commencing at the northwest corner of said Lot 2; thence South 89 degrees 39 minutes 42
seconds East on the North line of said Lot 2, a distance of 63.13 feet to the Point of
Beginning; thence South 05 degrees 47 minutes 59 seconds East, 201.40 feet; thence
North 84 degrees 12 minutes 01 seconds East, 20.00 feet; thence North 05 degrees 47
minutes 59 seconds West, 199.25 feet to a point on the North line of said Lot 2; thence
North 89 degrees 39 minutes 42 seconds West, on said North line, 20.12 feet to the Point
of Beginning.
(See sheet 4)
3 I hereby certify that this land surveying document was prepared by me
SANITARY SEWER EASEMENT D DESCRIPTION:
All that part of Lot 2, Aspen Business Park Subdivision Third Addition, according to the
recorded plat thereof, City of Ames, Story County, Iowa, is described as follows:
Commencing at the northwest corner of said Lot 2; thence South thence 89 degrees 39
minutes 42 seconds East on the North line of said Lot 2, a distance of 455.97 feet to the
Point of Beginning; thence South 01 degrees 18 minutes 39 seconds West, 186.76 feet;
thence South 88 degrees 41 minutes 21 seconds East, 20.00 feet; thence North 01 degrees
18 minutes 39 seconds East, 187.10 feet to a point on the North line of said Lot 2; thence
North 89 degrees 39 minutes 42 seconds West, on said North line, 20.00 feet to the Point
of Beginning.
(See sheet 4)
SANITARY SEWER EASEMENT E DESCRIPTION:
All that part of Lot 2, Aspen Business Park Subdivision Third Addition, according to the
recorded plat thereof, City of Ames, Story County, Iowa, is described as follows:
The North 49.00 feet of the West 15.00 feet of said Lot 2.
(See sheet 4)
BASIS OF BEARING:
The orientation of this bearing system is based on the plat of Aspen Business Park
Subdivision Third Addition.
NOTE:
The easement locations are based on survey data collected by ISG Inc. as well as
electronic data provided by Stumbo &Associates as to the location of lot lines of the Final
Plat of Aspen Business Park Subdivision Third Addition.
AREA TABLE:
Total Easement Area A= 12,114 sq.ft.
Total Easement Area B = 2,214 sq.ft.
Total Easement Area C = 4,006 sq.ft.
Total Easement Area D = 3,739 sq.ft.
Total Easement Area E = 735 sq.ft.
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PN:16-18945
Sheet 2 OF 4
S89°4240 E
20.85
N. Line-Lot 1
S893942"E 219.74
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Point of Beginning `� �� r7
Point of Beginning
Easement A Easement B
S. 17TH STREET
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Sheet 3 OF 4
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Easement C r'
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20.12 N89 3942"W
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89°39'42"E �—
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Scale in Feet
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PN:16-18945
hSheet 4 OF 4