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Home My WebLink AboutA009 - Easement Grant dated May 18, 2018 - Water Main Instrument #: 2018--05745 06/28/2018 11:12:55 AM Total Pages: 5 EASE EASEMENTS Recording Fee: $ 27.00 Stacie Herridge, recorder, Story County Iowa 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. 10' Water Main Easement. Menard hereby grants a 10' water main easement to install, operate, maintain, repair, replace, and extend underground water main utility facilities, in the easement area mentioned above. Menard further grants to the City of Ames, Iowa, the right to permit other utility companies to construct and, in the same manner, maintain its water main utility facilities,jointly or severally for the real estate described 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. 3. The City of Ames agrees to restore or cause to have restored Menard's land, as nearly as is reasonably possible, to the condition existing prior to such entry by the City of Ames or its agents. 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 of Ames 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 day of mcq STATE OF WISCONSIN ) ) ss. MENARD, INC. EAU CLAIRE COUNTY ) R E'D By: Theron J. B , Real state Manager This instru **;s i ro�vl(Apd before me on Mai / aOl�f by Theron J. Berg, Reaif_s aQer., 6&behalf of Menard, Inc. PUBOC- Notary Public in and for said State and County My Notary is permanent. 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 (83) 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 the 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. � .3 cz 0) LL2 i W� , 0-4 am 9-1 ------------------------------- ----- -- ------- — — — — — — ----- -------- - ---------- %'Loa ------------------- ------------ z CM3 ------------ opt --------------- 3ZL,ZC.ON 0 ci z 0 II 7 !Orl gn o C3 co Cli C4 U. (= CD C cc 6i Lij -A, ol 51 ANMMOS ------- -------- ------- ---- --------------------MUsxcc s -—--------------- --------------------------------- at.9 --------------- ---------- • ------------ --------------- --------------- -------------3"O.voc9ZON----------------- --- --------------------------------—------ LZ'G"CN UQMO ---------------------- cc Fol Lug cn r nZ 98'LLb -------------------- ----------------- t,6*Z9L -------------------------------------- - AA.IM.11- ------- - -------------------------------- 6 d cq �j Lu z, z z 2 —————————————— ul ()N N F,- C0 m U- LL 1: Exhibit C MENARDS SUBDIVISION AMES, IOWA WATER MAIN EASEMENT 10.00' WIDE WATER MAIN 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 BOTH IN TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5th P.M., AMES, STORY COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14; THENCE, SO°08'18"E 49.90' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14 TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SOUTHEAST 16TH STREET; THENCE, S89038'53"E 12.92' ALONG SAID SOUTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING; THENCE, CONTINUING S89038'53"E 10.00' ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE, SO°03'00"W 254.81'; THENCE, S44003'54"W 88.79'; THENCE, SO°37'12"W 11.61'; THENCE, S89°22'06"E 77.67'; THENCE, S0037'54"W 10.00'; THENCE, N89°22'06"W 77.67'; THENCE, SO°37'12"W 244.66'; THENCE, S45033'38"W 103.47; THENCE, S45°31'21"E 19.04'; THENCE, S89026'15"E 147.73'; THENCE, S003345"W 10.00'; THENCE, N89°26'15"W 151 .76'; THENCE, N45°31'21"W 23.26'; THENCE, S45°33'38"W 170.97'; THENCE, N89026'22"W 114.14'; THENCE, S0033'38"W 17.91'; THENCE, N89026'23"W 10.00'; THENCE, N0033'38"E 17.91'; THENCE, N89026'22"W 299.52'; THENCE, N41°20'15"W 239.02'; THENCE, NO°33'38"E 345.27'; THENCE, NO°34'01"E 260.37 TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF SOUTHEAST 16TH STREET; THENCE, S89026'15"E 10.00' ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE, S0034'01"W 255.35'; THENCE, S89°40'37"E 29.80'; THENCE, NO°37'40"E 26.49'; THENCE, S89022'20"E 10.00'; THENCE, S0037'40"W 36.44'; THENCE, N89°40'37"W 39.79'; THENCE, S0033'38"W 336.46'; THENCE, S41°20'15"E 18.75'; THENCE, N51°37"32"E 16.83'; THENCE, S38°22'28"E 3.49'; THENCE, SO°33'45"W 8.37'; THENCE, S51°37'32"W 11 .06'; THENCE, S41°20'15"E 201.96'; THENCE, S89°26'22"E 415.05'; THENCE, N45°33'38"E 276.17'; THENCE, N0037'1211E 263.12'; THENCE, N44°03'54"E 88.73'; THENCE, N0003'00"E 21.69'; THENCE, N89021'06"W 49.32'; THENCE, N0038'54" 10.00,; THENCE, S89021'06"E 49.22'; THENCE, N0003'00"E 219.12' TO THE POINT OF BEGINNING, CONTAINING 0.58 ACRES. 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