HomeMy WebLinkAboutA010 - Easement Grant dated May 18, 2018 - Surface Water Flowage Instrument #: 2018-05746
06/28/2018 11:12:55 AM Total Pages: 5
EASE EASEMENTS
Recording Fee: $ 27.00
Stacie Herridge, ecorder, Story County Iowa
III h'i"ra lL�:"�L,ti�l� L'
Return to:
Clapsaddle-Garber Associates
16 East Main St.
Box 754
Marshalltown, IA 50158
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Kevin Martin,5101 Menard Drive,Eau Claire,WI 54703•(715)876-2374
EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that MENARD, INC., a Wisconsin
corporation, ("Menard") owns property described on Exhibit A and does hereby grant the CITY
OF AMES, IOWA, the perpetual right to the following described easement as specifically shown
on Exhibit B with a legal description described on Exhibit C:
A. Surface Water Flowage Easement.
Menard hereby grants the City of Ames the right for surface water to flow in the
easement area mentioned above.
B. General Terms and Conditions. Menard, its successors and assigns, shall not:
1. Erect any building or other structure or improvement over or within the easement
area without obtaining the prior written approval of the City Engineer. This restriction shall not
apply to curbing, pavement for parking, ingress and egress, temporary storage of materials,
irrigation, or landscaping.
2. Erect or cause to be placed on the easement area any structure, material device,
thing or matter which could possibly obstruct or impede the normal flow of surface water over
the easement area.
3. Change grade, elevation or contour any part of the easement area without
obtaining the prior written approval of the City Engineer.
C. The City of Ames shall have the right of access to the easement area granted in this
Easement Grant together with reasonable rights of ingress and egress reasonably necessary to the
use and enjoyment of the easement area for the purposes described, including, but not limited to:
1. The right to remove any unauthorized obstructions or structures placed or erected
on the easement area, with notice to Menard with the exception of curbing, pavement for
parking, temporary storage of materials, irrigation, and landscaping. This restoration, however,
does not apply to any trees, bushes, branches or roots which may interfere with the City
of Ames' use of the easement area.
2. The right to improve, repair, and maintain the easement area at reasonable times
with reasonable notice to Menard. Failure to provide notice shall not otherwise impair the rights
of the City under the terms of this Agreement.
D. This easement is non-exclusive. Menard may propose a plan to the City to relocate its
facilities to an alternate location on Menard's property,provided that:
1. The alternate location is acceptable to the City, which acceptance shall not be
unreasonably withheld;
2. Menard will be the contracting authority and pay all costs and charges associated with
said relocation; and
3. Menard grants an equivalent easement for such relocated facilities without additional
monetary consideration.
Dated this I day of
MENARD, I
By: Theron J. BerCReal Ortate Manager
STATE OF WISCONSIN )
ss.
EAU CLAIRE COUNTY )
This instrument was acknowledged before me on /!' �,y &� G , by
Theron J. Berg, Real Estate Manager, on behalf of Menard, Inc. iJ1
���Iluunlui,,,
P Notary Public in and for said State and County
NOTAR k = My Notary is permanent.
PUBOC
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Exhibit A
Parcel "C"In the North Half(N 1/2)of the Northeast Quarter(NE 1/4)of Section Fourteen (14),
Township Eighty-three (33) North, Range Twenty-four(24)West of the 5th P.M.,Ames,Story
County, Iowa,as shown on the"Plat of Survey"filed in the office of the County Recorder,Story
County,Iowa,on March 12, 1993, in Book 11, Page 140;AND Parcel "D" in the Northwest
Quarter(NW 1/4)of the Northwest Quarter(NW 1/4)of Section Thirteen(13), Township Eighty-
three(83) North, Range Twenty-four(24)West of the 5th P.M.,Ames,Story County, Iowa,on
March 12, 1993 In Book 11, Page 140; except the North 50 feet of the NE 1/4 of the NE 1/4 of
said Section 14, except tree West 242.02 feet thereof,and the North 50 feet of the NW 1/4 of the
NW 1/4 of said Section 13, except the East 83.74 feet thereof.
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Exhibit C
MENARDS SUBDIVISION
AMES, IOWA
SURFACE WATER FLOWAGE EASEMENT
SURFACE WATER FLOWAGE EASEMENT LOCATED IN THE NORTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SECTION 14 AND THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE
5th P.M., AMES, STORY COUNTY, IOWA.
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 14; THENCE, S89025'52"E 241 .85' ALONG THE NORTH LINE OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE,
S0006'54"E 50.02' TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SOUTHEAST
16TH STREET; THENCE, CONTINUING SO°06'54"E 15.04' TO THE SOUTHWEST
CORNER OF A SURFACE WATER FLOWAGE EASEMENT AND RECORDED IN
INSTRUMENT NO. 07-10828 IN THE OFFICE OF THE RECORDER, STORY COUNTY,
IOWA, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, S89°25'54"E
423.17; THENCE, S87008'27"E 125.10'; THENCE, S89°25'54"E 192.00'; THENCE,
S86009'40"E 175.29'; THENCE, S89025'54"E 161 .00'; THENCE, S89°39'21"E 114.00';
THENCE, S86047'36"E 1 14.67, THE AFORESAID ALL BEING ALONG THE SOUTH LINE
OF SAID SURFACE WATER FLOWAGE EASEMENT; THENCE, S25°58'31"E 31 .70';
THENCE, S45°45'12'W 30.29'; THENCE, N8902614"W 190.32'; THENCE, N0033'46"E
52.21'; THENCE, N89026'15"W 857.37; THENCE, S50°06'18"W 48.81'; THENCE,
N89°07'52"W 211 .99'; THENCE, NO°06'54"W 48.00' TO THE POINT OF BEGINNING,
CONTAINING 0.72 ACRES.
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