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HomeMy WebLinkAbout~Master - Shared Use Path - Willow Creek Church - 1116 South Dakota Avenue Y A i RETURN TO: Instrument: 200500005560 AMES CITY CLERK Date: 05-20-2005 Time: 11:10:54 an. Rec Fee: 16.00 E-Com Fee: 1.00 Box 811 Aud Fee: .00 Trans Tax: .00 AMES IA 50010-0811 Filed for Record in STORY COUNTY I04)A D SUSAN L. VANDE KAPP,COUNTY RECORDER 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) Return to Ames City Clerk,Box 811,Ames,IA 50010 SHARED USE PATH EASEMENT KNOW ALL PERSONS BY THESE PRESENT that Willow Creek Church of the Open Bible, (hereinafter called "Grantor"), hereby conveys unto the City of Ames, Iowa, a municipal corporation (Hereinafter called "City"), a perpetual easement and right-of-way under, over, on, through, across and within the real estate described on Exhibit"A"attached hereto(hereinafter called"Easement Area"),for the purpose of the city constructing,reconstructing,repairing,replacing,enlarging,inspecting and maintaining a bicycle and pedestrian path,together with all necessary structures and appurtenances thereto,under,over, on,through, across and within the Easement Area. This Easement shall be subject to the following terms and conditions: 1. Grantors grant to the City permission to develop and use the said land as a public bicycle and pedestrian shared use path. Cityagrees that said path shall be not,more than eight 8 feet wide. Said � P g ( ) path shall be surfaced with 5"asphalt. All development and construction shall be done by employees of the City or City contractors in accordance with a schedule set by the City. 2. The City shall bear the entire cost of designing,constructing and maintaining the path. The City will pay for all costs of filing this document. 3. The City shall indemnify and hold harmless Grantors,their agents, employees, successors and assigns from liability for any personal injury or death,or property damage of whatsoever kind and nature which may arise as a consequence of the City's failure to exercise due care in the development,construction, operation or maintenance of said path. Page 1 of 3 DATED this day of ,2005. WILLOW CREEK CHURCH OF THE OPEN STATE OF IOWA,STORY COUNTY ss: BIBLE, GRANTOR Jh On this 16 day of M a 2005,before me,a Notary Public in and for the ate of Iowa, By. personally appeared Cr" L0,4z>°'vl;5C_r' to me personally known, o being by me duly sworn,did say that that person is as4b r of said corporation,that the seal affixed to said instrument is By: the seal of said corporation,or no seal has been procured by the said corporation,and that said instrument was signed and sealed on behalf of said co oration by authority of its board of directors and the saida+ acknowledged the execution o said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. Notary Public i for the State of Iowa Willow Creek Church Shared Use Path Easement,042805.wpd At C�L H LAR 0M.P., COMMISSION NO. 139989 Aly C MMIS ON EXPIRES owe --� Page 2 of 3 Pt Eshibit A PERMANENT BIKEPATH EASEMENT 0 CITY OF AMES , PUBLIC WORKS DEPARTMENT DATE: N OWNER : WILLOW CREEK CHURCH OF THE OPEN BIBLE 900 SOUTH DAKOTA AVE. AMES, IA 50014 NO SCALE I i 10 I � O I I 1 I I Vp POINT OF INNING 1 i1116 SOUTH OWOTA ITIS SOUTH OMOTA AVE. a I ----------4AGRTE4rAN-RD-.---o---- �-'-- 2 U05 COCON.a Z I O U O t� PERMANENT BIKEPATH EASEMENT FROM: WILLOW CREEK CHURCH OF THE OPEN BIBLE THAT PART OF THE NW I/4 SW 1/4 OF SECTION 8, T83N R24W OF THE 5TH P.M., STORY COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTWEST CORNER OF SAID NW 1/4 SW 1/4; THENCE S890 03'30"E, 50.01 FEET ALONG THE SOUTH LINE OF SAID NW 1/4SW 1/4; THENCE NOOO 06'12"W, 50.01 FEET ALONG A LINE THAT IS 50 FEET EAST AND PARALLEL WITH THE WEST LINE OF SAID NW 1/4 SW 1/4 TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SOUTH DAKOTA AVENUE AND THE NORTH RIGHT-OF-WAY LINE OF MORTENSEN ROAD, TO THE POINT OF BEGINNING; THENCE CONTINUING NOOO 06'12"W, 5.00 FEET ALONG SAID EAST RIGHT-OF-WAY LINE; THENCE S620 42'16"E, 11.26 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE; THENCE N89° 03'30"W, 10.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. THE SOUTH LINE OF SAID NW 1/4 SW 1/41S ASSUMED TO BEAR N890 03'30"W. CONTAINING 25 SQUARE FEET. RECORDED: INSTRUMENT NO. : DATE: 09-08-302-015