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HomeMy WebLinkAboutA004 - Corrective Easement 1 ; ` Q1 - 11367 INST.NO. IYbI Y O IOWA D Cb9 APCbFID O FILM F C� AM Aug 2 0 2001 M GUSAN L,VANDI KAMP,ReoordersA�^- DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: John R.Mans,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146) EASEMENT FOR FIRE STATION AND COMMUNITY SERVICES FACILITY (COP-RECTIVE) BE IT KNOWN BY THIS INSTRUMENT THAT: WHEREAS, the Iowa Natural Resource Commission has adopted rules providing for granting easements to political subdivisions on State land under the jurisdiction of the Iowa Department of Natural Resources; and, WHEREAS, the City of Ames, Iowa, has applied for an easement for a fire station and community services facility; and, WHEREAS, the City of Ames has provided to the Director of the Iowa Department of Natural Resources sufficient information setting forth the need for the easement, availability of alternatives,and measures proposed to prevent or minimize adverse impacts on the affected property; and, WHEREAS, the said easement, in a form approved by the Attorney General has been approved by the Iowa Natural Resource Commission; NOW,THEREFORE,pursuant to Section 461A.25,Code of Iowa,2001,the State ofIowa acting through the Iowa Department of Natural Resources does, for one dollar and other good and valuable consideration, hereby grant to the City of Ames, Iowa, a political subdivision, upon the conditions herein recited, the perpetual right to enter upon the land hereinafter described as the Easement Area to construct, reconstruct, operate, use, maintain and repair a building and related parking lot, and all appurtenances thereto for the primary purpose of a building that will house equipment and personnel of the city that pertain to the prevention and suppression of fires. (Fire Station) This building may also contain office space pertaining to other community services provided by the City of Ames. t This easement shall terminate at 5:00 p.m.on June 30,2002 if the City of Ames has not committed, by motion of the Council,to construct a Fire Station by that date. This date may be extended by the mutual consent of the parties. Upon the termination of this easement, or in the event that the City shall abandon and discontinue use of the Easement Area as a Fire Station,any and all improvements to that land shall then become the property of the State of Iowa; or, at the option of the State of Iowa, the City shall remove improvements and restore the area to its pre-existing condition. The Easement Area is that land described as: That part of the Southwest Quarter of the Northeast Quarter and that part of the Northwest Quarter of the Southeast Quarter all of Section 14, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, described as follows: Commencing at the Northwest corner of the Northwest Quarter of the Southeast Quarter of said Section 14, said point being the point of intersection of a 71,132.4 foot radius curve concave Westerly and is 0.63 feet East of centerline station 512+73 on Primary Road No. U.S. 69; thence South 0°36'06"West 47.26 feet along the West line of the Northwest Quarter of the Southeast Quarter of said Section 14 and the tangent line of said curve; thence South 89°36'07" East 189.55 feet on a radial line to a point of intersection with the East right-of-way line of said Primary Road No. U.S. 69 and the point of beginning said point being on a 71,332.4 foot radius curve concave Westerly; thence Northeasterly along said curve and said right-of-way line through a central angle of 0°10'37" an arc distance of 220.26 feet(chord bearing North 0°18'35"East 220.26 feet) to the South line of that tract of land recorded in Instrument No. 99- 08613 in the Office of the Recorder of Story County, Iowa; thence South 89°00'27" East 192.90 feet along said South line; thence South 0°23'58" West 144.93 feet; thence South 32°55'05" West 23.46 feet; thence South 0°26'02" West 146.68 feet; 2 r i thence North 87°54'54" West 179.77 feet to a point of intersection with the East right-of-way line as shown on that document recorded in instrument No. 04651 on March 3, 1983 in the Office of the Recorder of Story County, Iowa; thence North 0°36'01" East 87.79 feet along said East right-of-way line; thence North 89°36'07" West 0.47 feet to the point of beginning, containing 1.32 acres more or less, subject to easements and restrictions of record, and shown on the easement boundary survey attached hereto. By accepting this grant of easement, the City agrees to indemnify and save harmless the State of Iowa, its agencies, officers and employees, from all liability which may arise from grant of this easement. This instrument is executed and filed to correct Instrument No.01-03148 filed with the Story County Recorder on March 21, 2001. DONE this _day of &ifz ' , 2001. —11 Q- - Jeffrey k , Dir ctor Iowa De ent of Natural Resources STATE OF IOWA,POLK COUNTY ss: On this I q day of 2001,before me,a Notary Public in and for the State of Iowa,personally appeared Jeffrey R.Vonk,to me persona y known,and,who,being by me duly sworn,did say that he is the Director of the Iowa Department of Natural Resources and that the instrument was signed on behalf of the State of Iowa by authority of its Natural Resource Commission as contained in the minutes of the Commission proceedings on the 1 Ith day of May,2000,and that Jeffrey R.Vonk acknowledged the execution of the instrument to be a voluntary act and deed of the State of Iowa,by it voluntarily executed. Notary Public in d for the State if Io a Fire Station Easement-031500 .� rev.08/08/01 1.' 3 I � c N 0'36'06•E 5611.16' \ 2593.9Y 47.26' SOUTH DUFFAVEN(E a Igo yg I v I ------------------- >r INSTRUMENT/04651 N O'36'01'E B7.7Y I ! I � N o � 'v ggO4p� I =a ai mm g► •o f v . 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