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HomeMy WebLinkAbout~Master - Public Access to Park Land - Hunziker NST.No. STORY COUNTY, IOWA FILED FOR RECORD JUL 0 8 1997 Y " &RWwdkV f 3U$ N L VANDE KAARIP,R�COnIMi Fee$ , 00 Audhoes Fee s DO NOT WRITE IN THE SPACE ABOVE THIS LINE-RESERVED FOR RECORDER Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010 Phone:515-239-5146 EASEMENT FOR PUBLIC ACCESS TO PARKLAND (3111 OAKLAND/EMMA•MC CARTNY LEE PARK, AMES, IOWA) THIS grant of easement, made this 24th day of June , 1997 , by and between Gary J. Hunziker and Christine A. Hunziker of 3111 Oakland, Ames, Iowa, hereinafter called the Grantors, and the City of Ames, Iowa, hereinafter called the Grantee, WITNESSETH : WHEREAS, Grantors are the owners in fee of certain land hereinafter described, located in the City of Ames, Story County, Iowa; and, WHEREAS, said land abuts on certain park land of the City of Ames called Emma McCarthy Lee Park; and, WHEREAS, the Grantors and Grantee desire that a hereinafter described part of that land be allowed to serve as a route of ingress and egress for the public, and for park workers, to the aforesaid abutting park land; NOW THEREFORE n sum of one dollar and other valuable in consideration siderati n o of the considerations to the Grantors in hand paid, the receipt of which is hereby acknowledged, and in further consideration of the covenants, terms and conditions hereinafter set forth, Grantors hereby grant and convey unto the Grantee forever an interest and easement to the extent hereinafter set forth with respect to the land of the Grantors described as: Part of Parcel 'D' of Lot 1 in the Northeast Quarter of the Southeast Quarter of Section 5, Township 83 North, Range 24 West of the 5th P.M., Ames, Story County, Iowa, as shown on the "plat of survey" filed in the office of the Recorder of Story County, Iowa, on the 14th day of June, 1996, and recorded in Book 13 at page 255, more particularly described as follows: Beginning at the Northeast corner of said Parcel 'D';thence N88047'34"W, 149.63 feet to the Northwest corner of said Parcel 'D'; thence S00029'29"E, 81.28 feet along the west line of said Parcel 'D'; thence S59-28'48"E, 174.47 feet to the east line of said Parcel 'D'; thence N00028'45"W, 166.74 feet to the point of beginning, containing 0.43 acres all as shown on the attached plat of easements The terms, rights, privileges, conditions and restrictions for the easement hereby granted are as follows: 1. The Grantee, its officers, employees, agents, designees, and the general public, shall have the right to use the above described land as a route and means of ingress and egress to park lands of the Grantee abutting on the north of the above described land. r ' 2. With respect to the above described property, Grantee shall not cause or knowingly permit the removal, destruction or cutting of trees, shrubs, or other vegetation without the express authorization of the Grantor except as may be deemed by Grantee to be necessary or convenient to establish or maintain, at the discretion of the Grantor, artificially or naturally surfaced foot paths to the said park land. 3. Grantee shall indemnify and hold harmless the Grantors, their successors and assigns from any and all claims and damages of any kind whatsoever resulting from or arising out of the use of the easement herein granted by the Grantee or the general public. 4. The Grantee shall maintain a sign along the aforesaid foot path advising that it crosses private property. 5. The Grantees shall not cause or permit any excavation, dredging or removal of loam, grave, soil, rock, sand, or other material, nor any building, roads or other change in the topography of the easement land, except as is provided for in the paragraph numbered as"2" above. 6. Grantees shall not cause or permit any building, billboard, advertisement, fence or other structure to be erected on the easement land, except that pertaining to Grantee's right to establish and maintain the said path. 7. The term of this easement shall be for five years from the date first above written, said easement term to renew automatically for an additional term of five years unless written notice is given Grantee by Grantor, not less than four nor more than twenty months before the end of the easement term, that the easement is not to be so renewed for the said additional term. If the easement is allowed to renew for an additional term of five years as aforesaid, the easement shall thereafter again automatically renew for additional terms of five eyers each unless before the end of any such five years term written notice is given by Grantor to Grantee, not less than four nor more than twenty months before the end of any such five year additional term, of Grantor's desire that the easement not be renewed for an additional term. IN WITNESS WHEREOF, the Grantors and Grantee hereunto set their hands: GRANTORS GRANTEE By: Gary J. a Larry R. rtis, Mayor 7 ' By: C.hvis4 rLL A. WkAIIAG Attest: Christine A. Hunziker Sandra L. Ryan, City Clerk 91- oGass C�� STATE OF IOWA, STORY COUNTY ss: On this nd day of , 1961'), before me, a Notary Public in and for Story County, personally appeared CAry J. Hunziker and Christine A. Hunziker, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. C Notary WbTfc in for; Story County, wa STATE OF IOWA, STORY COUNTY ss: On this 24-h day of a4jnQ , 19 97, before me, a Notary Public in and for the State of Iowa, personally appeared Larry R. Curtis and Sandra L. Ryan, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 97-327 adopted by the City Council on the 24th day of June , 19 97, and that Larry R. Curtis and Sandra L. Ryan acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and fob Story Count Iowa parks\Hunziker.723 revised 5/22/97 ° a�1 V 6g95 C�, r • s STUMBO AND ASSOCIATES LAND SURVEYING, INC. P.O. BOX 1664 AMES, IOWA 50010 515-233-3689 PLAT OF EASEMENTS FEi/4 CORNER SEC. 5-83-24 NORTH LINE. NE1/4, SE9/4, & THE NE COR. SEC. 5-83-24 s OF LOT i IN 5/8" SMOOTH NORTH LINE of LOT 1 NE1/4, SEI/4, BAR FOUND 7 , 239.41' SEC. 5-83-24 199, 4 - 89`., STONE FOUND N88'4 '34"W N88 '47'34' FN2- 88 '47'34"W W ti 0. 11 ACRES i/2 REBARCn w/ CAP #6586 REBAR rn o S+ 9 W m FOUND 0.43 ACRES FOUND #�6586 APPROX. LOCATION <l oQ OF CENTERLINE OF W N 0- Cn DIRT PATH. in vv V \ 0 N 0.40 ACRES �+o 0 o Q © o - o N N m J " o cu f�Q q� n z CV (n m -.J oo' LU o 1/2" SMOOTH t.? _ CU W i BAR FOUND �• i/2" REBAR u ti S m Q SET (TYP.) (z 1 a� a , W 104 4B LLj � MU U) COW w u' Q o� LUv ww v_„ NZ M WW J V� Ul(!) W S (7N W Q V L 3 z C H W W W U]Z S l LU 0 W Z J O� z z -j H F-I— Ln u) Q Q 1/2" SMOOTH W w BAR FOUND GRAPHIC SCALE 1"=60 ' 0 60 120 i80 L. Sru Certification: �Q���,ISTEAF I hereby certify that this land surveying document was made by me or under % direct personal supervision and that I am O L a, 9151ter ed Land Surve or under the laws of the State �5� 7- M Stumbo, L.S. #�6 86 <4NO .IOWAv�yOQ' y registration is due for renewal n December 31, 1996 SUR Job #13281E Date: 7/16/96 PAGE i OF 2 ql--- 06Q95 ��'� Page 2 of 2 Easement Description Part of Parcel'C' of Lot 1 in the Northeast Quarter of the Southeast Quarter of Section 5, Township 83 North, Range 24 West of the 5th P.M., Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast corner of said Parcel 'C; thence N88°47'34"W, 89.78 feet to the Northwest corner of said Parcel 'C; thence S00°28'45"E, 166.74 feet along the west line of said Parcel 'C'; thence S59°28'48"E, 104.66 feet to the east line of said Parcel'C;thence N00028'19"W, 218.00 feet to the point of beginning, containing 0.40 acres. Easement Description Part of Parcel 'D' of Lot 1 in the Northeast Quarter of the Southeast Quarter of Section 5, Township 83 North, Range 24 West of the 5th P.M., Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast corner of said Parcel 'D; thence N88°47'34"W, 149.63 feet to the Northwest corner of said Parcel 'D; thence S00°29'29"E, 81.28 feet along the west line of said Parcel'D; thence S59°28'48"E, 174.47 feet to the east line of said Parcel 'D'; thence N00°28'45"W, 166.74 feet to the point of beginning, containing 0.43 acres. Easement Description Part of Parcel'E' of Lot 1 in the Northeast Quarter of the Southeast Quarter of Section 5, Township 83 North, Range 24 West of the 5th P.M., Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northeast corner of said Parcel 'E; thence N88°47'34"W, 89.78 feet to the Northwest corner of said Parcel U;thence S00029'56"E, 30.00 feet along the west line of said Parcel 'E; thence S59°28'48"E, 104.70 feet to the east line of said Parcel'E; thence N00029'29"W, 81.28 feet to the point of beginning, containing 0.11 acres. Certification: I hereby cent' that this land surveying document was made by me or under my direct personal supervis' d that I am a duly Re 'stered Land Surveyor under the laws of the State of Iowa. obert L. Stum r. L. . #6586 'My registration is due for renewal on Dece er 31, 1996 Stumbo and Associates-Land Surveying, Inc. Job#13281 e Box 1664 110 North Duff Avenue Ames, Iowa 50010 Date:7/16/96 Ph.#(515)233-3689 Fax#(515)233-4403 .71 ._.. is i . C?6Q95 �5�