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Home My WebLink AboutA032 - Sanitary Sewer Easement dated August 26, 2019 - Instrument No. 2019-08030 w Instrument tt: 2019-08030 09/03/2019 11:20:23 AM Total Pages: 3 EASE EASEMENTS Recording Fee: y 17.00 Stacie Herridge, Recorder, Story County Iowa mill A'i 4 011111911,14111191111 M 1010A Will 11111 Return to: (env) Menard Inc 5101 Menard Dr Eau Claire WI 54703-9625 SPACE ABOVE RESERVED FOR OFFICIAL US E Legal description:See page 3 Return document to:Ci Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by:City of Ames Legal Department,511 Clark Ave.,Ames,IA 50010—111-239-5141 Sanitary Sewer Easement Know All Persons:The undersigned, Menard,Inc,,a for-profit corporation, (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 City 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 Plate of Easement,and described as follows: For the use of a sanitary sewer system: The real property shown on Schedule'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. Grantor, as the fee simple owner of the underlying real estate,and the Grantors' successors and assigns, shall not erect or place within the Easement Area 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 Grantors 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 O e 12 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 1'j Li/- W ,2019. MENARD,INC. By: / SIGNATJJXf TbGrO� ?' bcr% NAIRE PRINTED TITLE OF AUTHORIZED SIGNER STATE OF wlsc�t►sIN ,COUNTY OF /�� Gk- G[Miti= .SS.: This in trument was acknowledged before me on A,� %'4- ?6 2019,by 's, S [insert name], as ';Zacf EsA .4-A- M!� a [insert title]of Menard,fnc. CK. 'FLy�,r NO ARY PUBLIC rr r NOTgA}% A p�eL� r PLAT OF SURVEY SANITARY SEWER EASEMENT I ._INDEX LFGElID �OOAIRfN —— iEll FVISION IN THE NE1/4 OF NE1/4 OF SECTION 14-83.24,CITY OF ES NIY STORY COU IOWA ?ROPRETOR: NARDSING'SUAVV p50UESTED BYARDS INC. FltLO WORK CO ft ETEC "/2019 SUAVtY PREPARED BY. CLA-SADDLE-GABBER ASSOCIATES,INC. RESPOND TO: !16 EAST MAIN STREET.P O BOX 754, JEREMY HARRIS MAP-SHALL TOWN,IOWA 501 se PHONE 641-75267C1 JHARA i S4'CGACONSULTAITS.COM NTT CORNIER hE t/4 Nf 1/1 SEC110N,4B32, Vt. 16101 s7'RPAY FNO CUT.x POINT OF CONAIENCIE TENT NE CON10 SOW25 E-- NWV5'52W-- SECTION 14-" 241.95 1075 W FND 1?FEW 218.1V Fro IR'RMM w/BM#22259 a �E1 tid 63 Za SAC aI LOT 2 $ MENARDS SUBDIVISION rNsra�2ora-o1111os�as POINT OF BEGINNING LOT I Sw4017'E 215.81, FND'R'REBM - 'Ei�2B14E--.__ FN7'/2 FEW W BPC a12259 - 21431' rr BPC#22259 20.00'WIDE SAWARY SEWER EASEMENT 6,525 SO FT/0.15 ACRES • LINE DATA b 20.00 �� UNE NUN6E3i I BEARING DISTANCE Lt SOMME s0.02 L2 SO'252/1w 221.1V L7 SST1241w 106. FND 1?REW CA EASEMENT ii r/vPC+1171 fi, �.� L,4 NO'09'S4W M.94' • /1 DESCRIPTION POINT OF TERMINI A 20.00'WADE SANITARY SEWER EASEMENT LOCATED IN MENARDS SUBDIVISION IN THE NORTHEAST 1/4 OF THE NORTHEAST 1µ OF SECTION 14,TOWNSHIP 83 NORTH.RANGE 24 WEST LEGEND: OF THE 5TH P.M.,CITY OF AMES.STORY COUNTY,IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWEST CORNER ♦ GOVERNMENT CORNEA MONUMENT FOUND OF THE NORTHEAST 1/4 OF THE NORTHEAST 114 OF SAID SECTION 14;THENCE.SB9 25sm GOVERNMENT CORNER MONUMENT SET 241.86 ALONG THE NORTH LINE OF THE NORTHEAST 1 µ OF THE NORTHEAST lµ OF SAO 1/2'z 30'REBAR wIBLUE PLASTIC ID CAP♦22259 SECTION 14,THENCE,S02OFS46E 5O.0Y TO THE NORTHWEST CORNER OF A CERTAIN PARCEL OF LAND DESCRIBED AS LOT 2 OF MENARDS SUBDIVISION AND RECORDED N INSTRUMENT NO • PARCEL OR LOT CORNER MONUMENT FOUND 201 B-OOOD5739 IN THE OFFICE OF THE RECORDER,STORY COUNTY,IOWA,SAID POINT ALSO O SET 112'c REBAR wA9UJE PLASTIC BEING ON THE SOUTH RIGHT OF WAY UNE OF SOUTHEAST 18TH STREET;THENCE.CONTINUING 25 ID CAP•2225a SO'OB'S4E 241.74'ALONG THE WEST LINE OF SND MENARDS SUBDIVISION.THENCE,SBP4a17E 1 I RECORDED AS 2/5.81'TO THE CENTERUNE OF A 20.00 WIDE SANITARY SEWER EASEMENT,ALSO BEING THE POINT OF BEGINNING;THENCE,SO'2521w 221.IV ALONG SAID CENTERUPE;THENCE, NOTE: SS2'1241 w 105.0S TO THE POINT OF TERMINI,CONTAINING 6.5M SO FT/0.15 ACRES, ALL BEARINGS ARE THE RESULT OF G.P.S.OBSERVATIONS. MENARDS SURVEY CITY OF AMES,STORY COUNTY,IOWA . N I hereby cerWy drat fts Nand sumyirlg document was pre{wed A and the related syrwy wont was Pwfti d by me a Under .CE n my QeeC suporvt>von and that i.Vl a eL:y.xansoC I.the laws of the Stag o1 bwa. v 22259 g JEAEM'r A-ARWS'PLS dale as w qr� Iowa License Number 22259 -A'-—p-�_ -'°'=-- My License RerteNal Date is December 31.2019 S� NO SCALE 1'�100 d+p�rpyyA P CAO 1 0 100 s'"AL L A!A Popp orowab Covered by On*W THIS SHEET DATE 'ociEWCT NQ au...µ,.ww-s.�s�Uri•r�twe ra t>; o n�t w.w PLAT OF SURVEY SANITARY SEWER EASEMENT INDEX LEGEND b7SATION N MENARDS SU8D1VIS16N IN THE NE1 40F THE NE1/4 OF SECTION 14-83-24,CITY OF 'LL ,MES,STORY COUNTY,IOWA ,OR�ETOR: IOWA. I�URVf REOU€gTt Bf -LL ENARDS INC --- KC�MPf�TE15: /20/2019 U VI'Y PREPARED BN— -�ppSADOLE GARBER ASSOCIATES,INC, RESPOND TO: 16 EAST MAIN STREET,P.O.BOX 754, EREMYHARRIS SHALLTOWN.IOWA 50158 HONE 641-7528701 HARR IS@CGACONSULTANTS.COM NW CORNER NE 114 NE 114 FIND CUT SECTION1483-24 SA' 167'll S7'Rh;/?7' FNO C POINT OF COMMENCEMENT NE CORNER S8 SECTION 14 83-24 N89°25'S2'W 241.8- W24t.85' 1075.95' ' NORTH UNE NE7/4 NEt� - `- -- '- FND1/2"REBAR --S89°26'15'E--- 218.19' FND 112 FLEW w/BIC#22259 1 A1a',83. ku SEC' a LOT a �� MENARDS .;UBDIVISION INSTR 020ra-00005739 POINT OF BEGINNING I LOT 1 S89'4017'E - 215.BP J FIND 1/2'KW _ S89'26'14'E Ft'D 1R'REBAR w/BPC#22259 _ _214.51' ._ w/BPC#22259 20.00'WIDE SANITARY SEWER EASEMENT 6,525 SO FT/0.15 ACRES LINE DATA n 20.00 * LINE NUMBER BEARING DISTANCE Z L1 SO°OB'54"E^~ -50.02' L2 I SO'2571'W 221.19 L3 S52'12'411N 105.05 FND'R'REBAR — �. - CA EASEMENT w/YPC#17161 < j�. L4 NO*WS4'W 89.34' DESCRIPTION POINT OF TERMINI J A 20.00'WIDE SANITARY SEWER EASEMENT LOCATED IN MENARDS SUBDIVISION IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 14.TOWNSHIP 83 NORTH,RANGE 24 WEST LEGEND: OF THE 5TH P.M.,CITY OF AMES,STORY COUNTY,IOWA- MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER ♦ GOVERNMENT CORNER MONUMENT FOUND OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14:THENCE,S89'25"52'E GOVERNMENT CORNER MONUMENT SET 241.851 ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID 1/2'x 30'REBAR w/BLUE PLASTIC ID CAP#22259 SECTION 14.THENCE,SO'M4'E 50.02 TO THE NORTHWEST CORNER OF A CERTAIN PARCEL OF LAND DESCRIBED AS LOT 2 OF MENARDS SUBDIVISION AND RECORDED IN INSTRUMENT NO • PARCEL OR LOT CORNER MONUMENT FOUND 2018-00005739 IN THE OFFICE OF THE RECORDER,STORY COUNTY,IOWA,SAID POINT ALSO O SET 1/2'x 30'REBAR w/BLUE PLASTIC BEING ON THE SOUTH RIGHT OF WAY LINE OF SOUTHEAST 16TH STREET;THENCE,CONTINUING ID CAP#22259 SO'06'54"E 241.74'ALONG THE WEST LINE OF SAID MENARDS SUBDIVISION;THENCE,S88'4017E 215.8l'TO THE CENTERLINE OF A 21 WIDE SANITARY SEWER EASEMENT.ALSO BEING THE (I RECORDED AS POINT OF BEGINNING;THENCE,S0'25'21"W 221.19,ALONG SAID CENTERUNE;THENCE, NOTE: S52'12'41'W 105.D5'TO THE POINT OF TERMINI,CONTAINING 6.525 SO FT/0.15 ACRES. ALL BEARINGS ARE THE RESULT OF G.P.S.OBSERVATIONS. MENARDS SURVEY CITY OF AMES.STORY COUNTY,IOWA . N I hereby certity that this Wand rveying document was prepared A. and the related surve was performed by me or under .. YCE my direct perso supervisio�. tt�talt 1 amaduly LicensedProtessi d Surveyor ulaws of theQStaff IowaC4 -22.-F CIWP-Wo-Gu6a Aswcur"too_ ..____ 74EWu 9_ -0 22259 JEREMYA.HARRIS. LS dais `°"�"ioiibww t vn N7 isaeioi 1 Iowa License Number 22259 — SCALE 1'=100 F�1+ IO W p Q� My License Renewal Date is December 31,2019 DPA CIAO SH EET Pages or sheets covered by this seal' THIS SHEET 0 100, '� L A� DATE (PRD.RCT N0. 7-29.2019 5854.05 1\9699b�WwA565�-Siwry 59w FeMkv 7-79-70t90`p'Ptll lF6l-171-'4'014+:r1,!