HomeMy WebLinkAboutA006 - Traffic Signal Easement dated March 6, 2019, Instrument No. 2019-03712 Instrument tt: 2019-03712
05/15/2019 10:07:54 AM Total Pages: 3
EASE EASEMENTS
Recording Fee: $ 17.00
Stacie Herridge, Recorder, Story County Iowa
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SPACEE ABOVE RESERVED FOR OFF I C I A L U S E
Return document to:City Clerk,515 Clark Avenue,Ames IA 50010
Document re ared b :Victoria A.Feiln er.Ci ofAmes Le al D artment,515 Clark Ave.,Ames,IA 50010—515-239-5146
Traffic Signal Easement
THIS IS AN EASEMENT given by Grantor under the following terms and conditions:
i DEFINITIONS. When used in this agreement, unless otherwise required by the context:
i.i "Agreement"means this instrument as signed by the Grantor.
1.2 "Easement Area" means the tract of land shown on Exhibit "A" attached, and described as follows:
The East Six Feet of the South Twelve Feet of Lot 30, Athletic Park Addition, City of Ames, Story
County, Iowa.
1.3 "Grantee"means the City of Ames,an Iowa municipal corporation.
1.4 "Grantor" means Hyland Heights I Cooperative Housing Association, a Cooperative Housing
Association organized under Iowa Code Chapter 499A, with a principal address located in Story
County, Iowa.
2 CIRCUMSTANCES. The Grantor owns a parcel of land located at the Northwest corner of the intersection
of Lincoln Way and Hyland Avenue in the City of Ames. Grantor provides this easement to the City of
Ames for good and valuable consideration, the sufficiency of which is acknowledged. The installation,
operation and maintenance of a Traffic Signal requires that Grantor provides to the City a permanent
easement for the installation, operation and maintenance of a Traffic Signal.
3 EASEMENT CREATED. Within the Easement Area, Grantor grants to the Grantee the perpetual right to
install, operate, use, maintain and repair of a Traffic Signal apparatus, related electric service conduits,
and sidewalk, together with the perpetual right of ingress and egress between said Easement Area and
adjacent public rights-of-way. The fixtures, facilities, lines, poles, and apparatus placed upon or
attached to the premises shall remain the property of the grantee. Grantor gives to Grantee the right
during the period of the easement,to operate, maintain and reconstruct the Traffic Signal apparatus.
4 OBSTRUCTIONS PROHIBITED. The Grantors, as the fee simple owners of the underlying real estate, and
the Grantors' successors and assigns, shall not erect or place within the Easement Area any
obstructions.
5 TITLE WARRANTY. Grantor warrants to Grantee that Grantor holds the Easement Area by title in fee
simple; that Grantor has good and lawful authority to grant the easement rights herein provided for;
and that any prior liens or encumbrances on the Easement Area will either be released forthwith or will
be subordinated to the easement rights granted herein by a duly executed and recorded subordination
agreement.
6 SUCCESSORS BOUND. This agreement shall be binding upon and inure to the benefit of the respective
successors and assigns of all parties executing this Agreement.
2
7 INTERPRETATION. Words and phrases used in this agreement shall be construed as in the single or
plural number, and as masculine, feminine or neuter gender, according to the context. This agreement
shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The
paragraph headings in this agreement are for convenience only and in no way define or limit the scope
or intent of any provisions of this agreement. This agreement may be executed in any number of
counterparts, each of which shall be regarded as an original and all of which shall constitute but one
and the same instrument.
/ WITNESS OF THIS AGREEMENT Grantor has executed this instrument under date of
/t'(..c N 6 12019.
GRANTOR:
HYLAND HEIGHTS I COOPERATIVE HOUSING
ASSOCIATION
Y�
Dean . Hunziker,Presi ent
STATE OF IOWA, COUNTY OF STORY,SS.:
This instrument was acknowledged before me on a'c/ti 2oi9, by Dean E.
Hunziker as President of Hyland Heights I Cooperative Housing Association.
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�pP1Al SF JUSTIN ROBERT DODGE
Commission Number 792016
My Commission Expires
'OWp, September 11, 2021
i
' EXHIBIT 'A'
PERMANENT TRAFFIC SIGNAL EASEMENT PLAT 0
CITY OF AMES, IOWA ENGINEERING DIVISION N
DATE: 02/06/2019
OWNER: HYLAND HEIGHTS I COOPERATIVE HOUSING ASSOCIATION
105 S. 16TH ST. STE A
AMES, IOWA 50010-8009
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PERMANENT TRAFFIC SIGNAL EASEMENT
FROM: HYLAND HEIGHTS I COOPERATIVE HOUSING ASSOCIATION
THE EAST SIX FEET OF THE SOUTH TWELVE FEET OF LOT 30,
ATHLETIC PARK ADDITION, CITY OF AMES, STORY COUNTY, IOWA
060-7566-439