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HomeMy WebLinkAboutA002 - Easement Grant dated August 30, 2023 Qa Instrument Ho 2023-36865 U Q 09/27/2023 03:16:49 PM Total Pages. 7 3i EASE EASEMENTS Recording Fee: $ 37.00 Stacie Herridge, Recorder, Story County Iowa I j Return to Prepamr: Lisa R.Wilson,222 N.W.Sunrise Drive,Waukee,Iowa 50263 (515)369-2502 EASEMENT GRANT I KNOW ALL PERSONS BY THIS INSTRUMENT that Ophir Investments,L.L.C.,an Iowa limited liability company, does hereby grant to the CITY OF AMES, IOWA, the perpetual right to the following described easements: A. Public Utility Easement. Ophir Investments,L.L.C.grants to the City of Ames,.Iowa,the right to construct,reconstruct,maintain and use its electric lines,consisting of poles,wires,overhead or underground cables,fixtures,anchors and other similar equipment,or any part thereof,upon, underground,over or across the following described real estate,all within TT Warehouse Subdivision,City of Ames,Story County,Iowa: See Exhibit"A" Ophir investments,L.L.C, further grants to the City of Ames,Iowa,the right to permit other utility companies to construct and,in the same manner,maintain its utility facilities,jointly or severally upon,underground,over.or across the real estate as described above. B. Water Main Easement, Ophir Investments,L.L,C. further grants to the City of Ames, Iowa, the right to use the following described real estate as part of its water main system over, under and across: See Exhibit"B" all within JT Warehouse Subdivision,City of Ames,Story County,Iowa. C. San twy Sewer Easement. Ophir Investments, L.L.C. further grants to the City of Ames, Iowa, the right to use the following described real estate as part of its sanitary sewer system over, under and across: See Exhibit"C" 1 all within JT Warehouse Subdivision,City of Ames,Story County, Iowa f D. General Terms and Conditions. Ophir Investments, L.L.C., its successors and assigns, shall not: 2023-06865 CASE 09/27/2023 03:16:49 PM Page 2 of 7 1. erect any structures over or within the easement areas without obtaining the prior written approval of the City Engineer. 2. erect or cause to be placed on the easement areas any structure material device, thing or matter which could possibly obstruct or impede the normal flow of surf Ice water over the easement areas without obtaining the prior written approval of the City Engineer. 3. change grade, elevation or contour of any part of the easement areas without obtaining the prior written approval of the City Engineer. E. The City of Ames shall have the right of access to the easement areas granted in this Easement Grant together with rights of ingress and egress reasonably necessary to the use and enjoyment of the easement areas 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 areas,and i 2, the right to improve,repair and maintain the easement areas. F. The foregoing rights are granted upon the express condition that users of the granted rights will assume liability for all damage to the hercinbefore described real estate and adjoining real estate caused by failure to use due care in the exercise of the granted rights. Dated this YO day of f ,2023, f -SIGNATURE PAGE TO FOLLOW- I 2 2023-06865 EASE 09/27/2023 03:16:49 PM Page 3 of 7 I -SIGNATURE PAGE- I i OPIUR INVESTMENTS,L.L,C. i I By, J sc Rognes,Manager STATE OF IOWA, � COUNTY: i This record was acknowledged before me on the day of 2023,by Jesse Rognes,Manager of Ophir Investments,L.L. F 571—�t D�tdNl3 �lsslon Number 4 goe Com 044or mjsr'1011 Notary Public in and for said State $ * aeCember 22,2026 10*, 3 2023-06865 EASE 09/27/2023 03:16:49 PM Page 4 of 7 i EXHIBIT"A„ I PUBLIC UTILITY EASEMENT DESCRIPTION THE SOUTH 10.00 FEET OF THE NORTH 100.00 FEET OF THE FOLLOWING DESCRIBED I PROPERTY: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE j NORTHWEST QUARTER OF SECTION 5,TOWNSHIP 83 NORTH,RANGE 23 WEST OF THE 5'TH P.M.,STORY COUNTY,IOWA;THENCE EAST 157.1 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER;TEHE3NCE SOUTH 168.8 FEET;THENCE WEST 258.1 F 'ET;THENCE NORTH 168.8 FEET TO SAID NORTH LINE;THENCE EAST 101.0 FEET ALONC; AID NORTH LINE TO THE POINT OF BEGINNING,CONTAINING 1.00 ACRE. !!J 1 l F 1 t 1 1 i 1 ' 4 2023-06865 EASE 09/27/2023 03:16:49 PM Page 5 of 7 EXHIBIT"B" WATER MAIN EASEMENT DESCRIPTION THE SOUTH 10.00 FEET OF THE NORTH 50.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5,'TOWNSHIP 83 NORTH,RANGE 23 WEST OF THE STH P.M.,STORY COUNTY,IOWA;THENCE EAST 157.1 FEET ALONG TIIE NORTH LINE OF SAID NORTHWEST QUARTER;THENCE SOUTH.1.68.8 FEET;THENCE WEST 258.1 FEET;THENCE NORTH 168.8 FEET TO SAID NORTH LINE;THENCE EAST 101.0 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING,CONTAINING 1.00 ACRE. I 5 2023-06866 EASE 09/27/2023 03:16:49 PM Page 6 of 7 J J EXHIBIT"C►► SANITARY SEWER EASEMENT DESCRIPTION THE SOUTH 40.00 FEET OF THE NORTH 90.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5,TOWNSHIP 83 NORTH,RANGE 23 WEST OF THE STH P.M.,STORY COUNTY,IOWA;THENCE EAST 157,1 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER;THENCE SOUTH 168.8 FEET;THENCE WEST 258,1 FEET;THENCE NORTH 168,8 FEET TO SAID NORTH LINE;THENCE EAST 101.0 FEET ALONG SAID NORTH LINE TO THE;POINT OF BEGINNING,CONTAINING 1.00 ACRE. I i i f I i I 1 I f f 6 2023-06855 EASE 09/27/2023 03:16:49 PM Page 7 of 7 EASEMENT EXHIBIT LOCATION: IN THE Ntl2 NW1[4 OF SEC.5.83-23 STORY CO I�'f'r,I WA PROPRIETOR: OPHIR INVESTMENTS,LLC SURVEYOR: R.BRADLEY STUM80,PLS 417161 FOX STRAND ' AMES,IA 50010 515-233-0000 NW C EAST 13TH STREET(220TH STREET) i Nws 4 Sec,6.80-23 i aa.oa' 10'WATER MAIN 100 PO' 9000' EASEMENT 40'RIOIIT OF WAY INE f 40'SANITARY I 10'PUBLIC SEWER I I EASEMENT ` PI0:1006100130 UTILITY 6726e 220TH STREET EASEMENT i Water Malin Easement: Th.Sou8110.00 fast of the North 60.00 feel of the following described proporty: Commencing at the Northwest Comer of the Northeast Quarter of the Northwest Quarter of Section 5,Township 83 North,Range 23 West of the 6th P.M.,Story County,Iowa;thence East 167.1 feet along the north line of said Northwest Quarter;thence South 168.8 fast thence at 258.1 feet;thence North 168,B feel to said north line; thence East 101,0 feet along said north line to the point of beginning,containing 1,00 acre. Sanita%rySower Easement: The Soillh 40.00 feet of the North 90.00 feet of the following described proPP� ncing rty: Comme 81 the N west Corner of iho Northeast Quarter of the orthWest Quarter of Sectloh 6,Townshlp 83 North,Ringo 23 West of tho Sth P.W.Story County,Iowa;thence East 167.1 feet along the north line of said Northwest Quarter;thence South 108.8 feet;thence West 258.1 feet;thence North 188.0 feel to said north line; thence East 101.0 feet along said north line to the point of beginning,containing 1,00 acre, Public Utility Easement: The South 10.00 root of the North 100,00 feel of the following described propartY: Commencing al the Northwest Comer of the Northeast Quarter of the NorOlwsst Quarter of Section 6,Township 83 North,Range 23 West of the 61h P.M.,Story Coun��tyy,Iowa;thence East 167.1 feet along the north line of said Northwest Quarter;thence South 188,8 feet;thence'oat 258.1 feet;thence North 168.8 fast to sold north line; thence East 101.0 feet along sald north line to the point of beginning,containing 1.00 acre. N I hereby certify that this land eurveying documentwas µ1tl Irllrll prepared by me or under my direct pareonaI aupervlelon \\\���, Slr"rrr0� A and that I am a duly licensed Profeeelonol land ����QA,...••.,, Surveyor under the Yaws of the State of Iir owa. r��gENs�o•'�p STRAND p Ae3aGIAYea' /r• /� ee (4-. — 9121/23 ' 17161 •, = FOX Strand 1'^ 414 South 171h Street,Suite 107 R. BRADLEY S7 MBO, PLS DATE �Vf A Ames,Iowa 69010 License number 17181 �' i Fa�(61661233-01016) 38 My license renewal data Is December 31, 2023. ����/i,��'1�flLAlW`S"O"IN I0Bf7261.001 OATE[4/21/73 PAGE t Of 1