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HomeMy WebLinkAboutA001 - Corrected Easement INST.NO. 0 2 — 10 3 9 4 STORY COUNTY,IOWA FILED FOR RECORD .� g JUL 1 8 2002 PM SUSAN L VANDE KAMP,Recorder S%A-- RETURN TO: I=FU:IMAW.FM a_=_ Prepared by:Jay P.Walton,Graham Land Acquisition, 1715 South G Ave.,Nevada, IA 50201 515-382-1698 For:City of Ames Public Works Department,Administration Building, 515 Clark Ave.,Ames, IA 50010 515-239-5160 EASEMENT FOR PUBLIC HIGHWAY (Correction Easement) For the consideration of Twenty Seven Thousand Three Hundred Ninety Two and no/100-----($ 27,392.00 )----- DOLLARS and other valuable consideration in hand paid by the City of Ames , Story County, Iowa; DM Properties, a Nebraska General Partnership , of Lancaster County, State of Nebraska , does hereby grant to the State of Iowa , for the use and benefit of the Iowa Department of Transportation, a permanent easement for road purposes and for use as a Public Highway in, to, on, over and across real estate in Story County, Iowa: THE EASEMENT RIGHT GRANTED FOR HIGHWAY PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land partly in Lot 5 and partly in Lot 6 of Block A of Black's Third Addition on Official Plat in the NW1/4 of the NW1/4 of Section 11, Township 83 North,Range 24 West of the Fifth Principal Meridian, included in and forming a part of the City of Ames, Story County, Iowa, as shown on Acquisition Plat, Exhibit "A", attached hereto which by this reference is made a part hereof. Beginning at the NW Corner of said Lot 6; thence S89°49'15"E, 140.00 feet along the North line of said Lot 6 and Lot 5 to the NE corner of Lot 5; thence S00°23'09"E, 9.97 feet along the East line of Lot 5; thence S87°49'25"W, 13.31 feet; thence S02°10'35"E, 2.50 feet; thence S 87°49'25"W, 67.50 feet; thence S02°10'35"E,2.50 feet;thence S87"49'25"W, 12.50 feet;thence NO2°10'35"W,5.00 feet;thence S87049'25"W, 46.76 feet to a point on the West line of said Lot 6;thence N00°24'20"W, 15.72 feet on said West line to the Point of Beginning, containing 2,029 Square Feet. This document is being re-recorded to correct the legal description as recorded in instrument 01-02329 This easement is given in fulfillment of a certain contract dated November 22 , 20 00 , and is on file in the City of Ames Public Works Department. The additional amount of$ 8,808.00 , as agreed to by contract, is paid as severance damages to the remaining property. This easement and transfer is exempt from transfer tax. Iowa Code Sec. 428A.2(17). This easement is being acquired for public purposes and a Declaration of Value is not required. Iowa Code Sec. 428A.1. Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated;and grantors covenant to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the easement. City of Ames,Iowa STPN-69-5(70)--2J-85 Parcel 8,D M Properties Words and phrases herein,including acknowledgment hereof,shall be construed as in the singular or plural number,and as masculine or feminine gender, according to the context. Dated // ' '�:4' g— , 20,Cjj&_. (SIGN IN INK) D M PROPERTIES By� By: Name: Name: Title: Title: 2r� J nnulW5on ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: _INDIVIDUAL STATE OF CORPORATE COUNTY OF Ldh c sfCr ) ss: iTitle(s)of Corporate Officer(s): On this �2, day of / 004Mbte A.D. 20 D U before me,the undersigned,a Notary Public in and for said State,personally appeared _Corporate Seal is affixed l2obu r f J �o/la/dsv _No Corporate Seal procured ✓PARTNER(s):_Limited Partnership / ✓General Partnership y to me personally known _ATTORNEY-IN-FACT or proved to me on the basis of satisfactory evidence s EXECUTOR(s)or TRUSTEE(s) —GUARDIAN(s)or CONSERVATOR(s) to be the person(s)whose name(s)is/are subscribed to the within instrument and _OTHER: acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument SIGNER IS REPRESENTING: the person(s),or the entity upon behalf of which the person(s)acted, executed List name(s)of person(s)or entity(ies) the instrument. p�u u fi'cj l (Sign in Ink) v J du ! Johoshneo /Type Name) Notary Public in and for the State of /Ve 6 r.4 S 14- r s JUDY K.JOHNSTONE *:OENE�KS*= MY COMMISSION EXPIRES '••:BRAS Q`•'� March 14,2002 City of Ames, Iowa STPN-69-5(70)--2J-85 Parcel 8,D M Properties IOWA DEPARTMENT OF TRANSPORTATION �°""'�.^ ACQUISITION PLAT EXHIBIT "A" COUNTY STORY STATE CONTROL NO. 85-0100 PROJECT NO. STPN— 69-5( 74 )--2J-85 PARCEL NO. 8 SECTION 11 TOWNSHIP 83N RANGE 24W ROW - FEE AC, EASE 2,029 SO. FT. , QUIT CLAIM AC ACQUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE SIDE ACQUIRED ACCESS RIGHTS FROM STA. TO STA. SIDE ROAD SIDE ACQUIRED FROM CITY OF AMES9 IOWA V)�_ LdLLj 01_w urf, J F- n> rn LINCOLN WAY ( US 69 ) —-—-—-—- -------------------------------SECTION LINE ----------- EAST BOUND LANE N87'49'25"E NE CDR. LOT 5 ; FD. PK NAIL NW CDR LOT 6 0.42' N. FD. Z RE-ROD\ ----- S89'49'15"E 140.00- ----- OF LINE y EXIST. S'LY R/W LINE i n . �� P �j � / g IP 60 P S00 23 09 E 9.97 ACQUISITION r- r-LOT 6 1 .240 S0. FT. "' to o �" r MMLOT 5 789 SQ. FT. -' ~ tn of O -' rh JTOTAL 2.029 SQ. FT. w "' c 'n m N `�: Jm m o 39 w m W to COs ; U) _ N Z N Ih tt7 N M Os O + N M 04 tromp N 3 . 00in cc • • + 000 ti N + • ~ a, Co O • N • N N Co N N Z ~ O Co N N LOT 3 OF THE a ) w to � a NW'/4 NW'�4 inl a 5 N 4 a 3 SEC. 1 1 —83-24 Co 6 o m Z ADO I�I� J ��D W r N BLAC1� S BLOCK A 801P 60'P 60'P SW �COR LOT 6 _ SE CDR LOT 5 FD. le' RE-R00 N M P.K. NAIL FD.spa' RE-ROD W/CAP #8136 0 25 50 SCALE IN FEET P = PLATTED DIMENSION (Z) document hereby certify that this Land surveying doent was y prepared by me cr under my direct personal supervision. and that I am a duly Licensed Land Surveyar under the 1 1 5 5 6 laws of the State I ,90 jOWa QC� 1 N �� VnR.censeprenewalada Is December31.Date 2000, � SUR��- DATE DRAWN Ica 5/17/2000 Po.q °' 3