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HomeMy WebLinkAbout~Master - Public Access to Park Land - Scholten - 3115 Oakland Street 03- 00982 INST.NO. RETURN TO: STORY COUNTY,IOWA FILED FOR RECORD AMES CITY CLERK S� Box 811 JAN 1 7 2003--Pff M AMES IOWA 50010 D SUSAN L VANDE KAMP,Reccldll!CSQ r Q mmFusQl:. r 1us...� DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146) Address Tax Statement To:City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010 EASEMENT FOR PUBLIC ACCESS TO PARKLAND (3115 OAKLAND/EMMA MCCARTHY LEE PARK,AMES, IOWA) i THIS grant of easement, made this 7 day of ecpam ber- , 2002..,by and between Dirk Scholten and Lucinda Scholten of 3115 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, in consideration of the sum of one dollar and other valuable consideration to the Grantors in hand paid, the receipt of which is hereby acknowledged, and in further consideration of 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 `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, 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 `E'; thence N88°47'34"W, 89.78 feet to the Northwest corner of said Parcel `E'; 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 N00129'29"W, 81.28 feet to the point of beginning,containing 0.11 acres all as shown on the attached plat of easements. Page 1 of 4 } 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. 2. With respect to the above described property,neither Grantors or Grantee shall cause or knowingly permit the removal,destruction or cutting of trees,shrubs,or other vegetation without the express authorization of the other except as may be deemed by Grantee to be necessary or convenient to establish or maintain,at the option of the Grantee,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 whatever resulting from or arising out of the use of the easement herein granted. 4. The Grantee shall maintain a sign along the aforesaid foot path advising that it crosses private property. 5. Neither Grantors or Grantee shall cause or permit any excavation, dredging, or removal of loam, gravel, 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. Neither Grantors or Grantee shall 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 twenty 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 b y Grantor, not less than four nor more than twenty months before the end of the g } y easement term,that the easement not 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 years each unless before the end of any such five year term written notice is give 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. Page 2 of 4 IN WITNESS WHEREOF, the Grantors and Grantee hereunto set their hands: GRANTORS GRANTEE a By: ....%cLC _ �� By: Dirk Scholten Ted Tedesco,,Xayor ' . a By: Etc.ri.w Attest bye ' r Lucinda Scholten Diane Voss STATE OF IOWA,STORY COUNTY ss: On this day of b�r �; ' 20 C'�-,before me,a Notary Public in and for Story County,personally appeared Dirk Scholten and Lucinda Scholten,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. IULV J.MAST of a fvCfIWA@W0fl Number 717466 Notary Public zA3d for Story County,Iowa My O=nWm BOW Judy 15,2W5 STATE OF IOWA,STORY COUNTY ss: On this 1414'�day of Jbil, ,2( 3,before me,a Notary Public in and for the State of Iowa,personally appeared Ted Tedesco and Diane R. Voss,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.© 00 adopted by the City Council on the �� day of Ul `) ,and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument to be their voluntary act dd deed and the voluntary act and deed of the corporation,by it voluntarily executed. Notary Public in and for tory Cconty,Iowa pML JILL L. RIPPERGER COMMISSION# 146549 0 * " MY COMMISSION EXPIRES /OWN Page 3 of 4 —W-7,r.••r ' Forest Hills Homeowners Associatio i of Ames Easement Agreement 1978 Hagerup_ 3109 Need Easementt�:y F�- .•� . .�. ; -- I l unlike r 3111 C� Scholten r 3115CD , ro ,.d .leyapalan 3201 Need Easement Lanning 3207 r� . e F t Q' 8 nl / � Q