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Home My WebLink AboutA024 - Water Main Easement dated January 9, 2020, Instrument No. 2020-00486 Instrument 0: 2020-00486 01/15/2020 09:35:56 AM Total Pages: 8 EASE EASEMENTS Recording Fee: 42.00 Stacie Herridge, Lcorder, Story County Iowa C91,141�X"N Wit 4IN,111I II1 S P A C E ABOVE RESERVED FOR OFFICIAL USE Legal description: See p4ges 3 -4. CCX Return document to: Clerk,515 Clark Avenue,Ames IA 50010 _ Document prepared by City of Ames Legal Department,51'� Clark Ave., Aines,IA 50010- 515-239-514o. Water Main 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- C),and described as follows: For the use of a water main 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 Prollibited. The Grantcr. 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 a 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 .20 20 TAILWIND 1854 MADISION, LLC By: r� >IGNATURE AME PRINTED AIVA ✓I ct c�_ TITLE OF AUTHORIZED SIGNER STATE OF irr, COUNTY OF ST9R1z,SS.: This instrument was acknowledged before me on , 20CD6 ,by 71"C1LVIrV)C Z:w M tWiMCM -, (insert name)as A J jnA4&a , M L ci,a r_j Ste'- ,y- (insert title)of Tailwind 1854 Madison, LLC. THE JANINE B. ZIMMERMAN NCVARYPUBLIC = NOTARY PUBLIC MINNESOTA My Commission Expires Jan.31,2023 EXHIBIT `A' - Legal Description for Easements WATER MAIN`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: The South 245.20 feet of the West 8.0o feet of said Lot i. WATER MAIN`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 87.76 feet to the Point of Beginning; thence North o0 degrees 20 minutes 18 seconds East, 251.97 feet;thence North 45 degrees 20 minutes 18 seconds East, 8.38 feet;thence South 89 degrees 39 minutes 42 seconds East, 294.00 feet;thence North oo degrees 20 minutes 18 seconds East, 107.07 feet;thence South 89 degrees 39 minutes 42 seconds East, 1o.00 feet; thence South oo degrees 20 minutes 18 seconds West,107.00 feet;thence South 44 degrees 39 minutes 42 seconds East,35.88 feet;thence North 45 degrees 20 minutes 18 seconds East,37.37 feet to a point on the North line of said Lot i;thence South 89 degrees 42 minutes 34 seconds East, on said North line, 14.15 feet;thence South 45 degrees 20 minutes 18 seconds West, 47.39 feet; thence South 44 degrees 39 minutes 42 seconds East, 35.78 feet;thence South oo degrees 20 minutes 18 seconds West, 200.23 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, 1o.00 feet;thence North oo degrees 20 minutes 18 seconds East, 196.o8 feet;thence North 44 degrees 39 minutes 42 seconds West, 73.27 feet;thence North 89 degrees 39 minutes 42 seconds West, 263.77 feet;thence South oo degrees 20 minutes 18 seconds West, 8.0o feet;thence North 89 degrees 39 minutes 42 seconds West, 1o.00 feet; thence North oo degrees 20 minutes 18 seconds East, 8.0o feet; thence North 89 degrees 39 minutes 42 seconds West, 22.09 feet;thence South oo degrees 20 minutes 18 seconds West, 247.89 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, io.00 feet to the Point of Beginning. WATER MAIN`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 95.90 feet to the Point of Beginning; thence South o8 degrees oo minutes 25 seconds East, 83.33 feet;thence South 05 degrees 47 minutes 59 seconds East, 88.65 feet;thence South 84 degrees 12 minutes of seconds West, 28.00 feet;thence South 05 degrees 47 minutes 59 seconds East, 1o.00 feet;thence North 84 degrees 12 minutes o1 seconds East, 28.0o feet; thence South 05 degrees 47 minutes 59 seconds East, 144.20 feet;thence South 5o degrees 05 minutes 42 seconds East, 16.67 feet;thence North 85 degrees 36 minutes 35 seconds East, 270.47 feet;thence North 43 degrees 27 minutes 37 seconds East, 8.30 feet;thence North of degrees 18 minutes 39 seconds East, io.68 feet;thence South 88 degrees 41 minutes 21 seconds East, 6.0o feet;thence North of degrees 18 minutes 39 seconds East, io.00 feet;thence North 88 degrees 41 minutes 21 seconds West, 6.0o feet; thence North of degrees 18 minutes 39 seconds East, 2$5.53 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, 1o.00 feet;thence South of degrees 18 minutes 39 seconds West,302.59 feet;thence South 85 degrees 36 minutes 35 seconds West, 262.95 feet;thence North 5o degrees 05 minutes 42 seconds West, 8.53 feet;thence North 05 degrees 47 minutes 59 seconds West, 238.98 feet;thence North o8 degrees oo minutes 25 seconds West, 82.05 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, io.n feet to the Point of Beginning. UUMHANY NAMt:IbU OFFICE ADDRESS:508 E.Locust St. Des Moines IA 50309 PHONE: 515-243-9143 PERMANENT EASEMENT PART OF LOTS 1 and 2, ASPEN BUSINESS PARK SUBDIVISION THIRD ADDITION CITY OF AMES, STORY COUNTY, IOWA WATER MAIN 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: The South 245.20 feet of the West 8.00 feet of said Lot 1. (See sheet 3) WATER MAIN 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 87.76 feet to the Point of Beginning; thence North 00 degrees 20 minutes 18 seconds East, 251.97 feet;thence North 45 degrees 20 minutes 18 seconds East, 8.38 feet; thence South 89 degrees 39 minutes 42 seconds East, 294.00 feet; thence North 00 degrees 20 minutes 18 seconds East, 107.07 feet; thence South 89 degrees 39 minutes 42 seconds East, 10.00 feet; thence South 00 degrees 20 minutes 18 seconds West, 107.00 feet; thence South 44 degrees 39 minutes 42 seconds East, 35.88 feet; thence North 45 degrees 20 minutes 18 seconds East, 37.37 feet to a point on the North line of said Lot 1; thence South 89 degrees 42 minutes 34 seconds East, on said North line, 14.15 feet; thence South 45 degrees 20 minutes 18 seconds West, 47.39 feet; thence South 44 degrees 39 minutes 42 seconds East, 35.78 feet; thence South 00 degrees 20 minutes 18 seconds West, 200.23 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, 10.00 feet; thence North 00 degrees 20 minutes 18 seconds East, 196.08 feet; thence North 44 degrees 39 minutes 42 seconds West, 73.27 feet; thence North 89 degrees 39 minutes 42 seconds West, 263.77 feet; thence South 00 degrees 20 minutes 18 seconds West, 8.00 feet; thence North 89 degrees 39 minutes 42 seconds West, 10.00 feet; thence North 00 degrees 20 minutes 18 seconds East, 8.00 feet; thence North 89 degrees 39 minutes 42 seconds West, 22.09 feet; thence South 00 degrees 20 minutes 18 seconds West, 247.89 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, 10.00 feet to the Point of Beginning. (See sheet 3) I hereby certify that this land surveying document was prepared by me WATER MAIN 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 95.90 feet to the Point of Beginning; thence South 08 degrees 00 minutes 25 seconds East, 83.33 feet; thence South 05 degrees 47 minutes 59 seconds East, 88.65 feet; thence South 84 degrees 12 minutes 01 seconds West, 28.00 feet; thence South 05 degrees 47 minutes 59 seconds East, 10.00 feet; thence North 84 degrees 12 minutes 01 seconds East, 28.00 feet; thence South 05 degrees 47 minutes 59 seconds East, 144.20 feet; thence South 50 degrees 05 minutes 42 seconds East, 16.67 feet; thence North 85 degrees 36 minutes 35 seconds East, 270.47 feet; thence North 43 degrees 27 minutes 37 seconds East, 8.30 feet; thence North 01 degrees 18 minutes 39 seconds East, 10.68 feet; thence South 88 degrees 41 minutes 21 seconds East, 6.00 feet; thence North 01 degrees 18 minutes 39 seconds East, 10.00 feet; thence North 88 degrees 41 minutes 21 seconds West, 6.00 feet; thence North 01 degrees 18 minutes 39 seconds East, 285.53 feet to a point on the North line of said Lot 2; thence North 89 degrees 39 minutes 42 seconds West, on said North Iine,10.00 feet; thence South 01 degrees 18 minutes 39 seconds West, 302.59 feet; thence South 85 degrees 36 minutes 35 seconds West, 262.95 feet; thence North 50 degrees 05 minutes 42 seconds West, 8.53 feet; thence North 05 degrees 47 minutes 59 seconds West, 238.98 feet; thence North 08 degrees 00 minutes 25 seconds West, 82.05 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, 10.11 feet to the Point of Beginning. (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= 1,962 sq.ft. Total Easement Area B = 9,871 sq.ft. Total Easement Area C = 9,454 sq.ft. PN:16-18945 Sheet 2 OF 4 S 9° '2E � 10.00 0 N. Line- Lot 1 J O s� O o � o � �, 2 o 0 S89°3942 E 294.00 L3 _ M N893942"W 263.77 j V� 8 L7 s Proposed Easement B �A�o N. Line Lot 1 s W rn 10 7' M Lr N a W o Q � Liu S 10 SW Cnr Lot 1 S. Line-Lot 1 Lj- S89°39'42"E 4,� N89°3942"W N89°3942"W 87.76 a 10.00 10.00 Point of- %7 Beginning S. 17TH STREET Easement B :''c� / { Parcel Line Table Lme# Direction Length L7 S44-39-42-E 35.88 L2 N45'20'18'E 37.37 0 S89-42.34"E 14.15 N 0 L4 S45-20.18-W 47.39 ° L5 S44'39'42'E 35.78 L6 SO'20'18"W 8.00 0 N89°39'42-W 10.00 L8 NO.20.18-E 8-00 t F 0 40 80 L9 N89'39'42'W 22.09 PN:16-18945 Shee 3 O 4 L L l/// Lam_l/l/ 7 S. 17TH STREET S89°39'42"E N89°3942'W N893942'W W 95.90 10.11 10.00 Point of W Beginning � N. Line- Lot 2 Easement C W. N o NW Cnr o M Lot 2 Qc) - 0 r^ 1 ,1r 1 / W f0 fi/Fi/�{ �il�IL�i�.i/V/i :.//L/ � h h ao W `J 200��-�\ _ 8. c S05°4759 E< o 10.00 a�o12 Za o, N L rn �� 0 o � 0 �Z'INN ' �°.N01°1839'E cn 11/01°1839'E >'10.00 y0°oy proposed Easement� 1'9 �,yS884121 E S85°3635 w 262.95 6.00 Sy0°Oy��66�- N85°36'35'E 270.47 /1/ //1/ U. S. HIGHWAY NO. 30 N s a ao ao PN:16-18945 Sheet 4 OF 4