HomeMy WebLinkAbout~Master - Shared Use Path - Mortenson I Ltd. Partnership - 800 Pinon Drive a
RETURN TO: Instrument: 200500005559
AMES CITY CLERK `" Date: 05-20-2005 Tine: 11:10:46 am.
Rec Fee: 11.00 E-Co■ Fee: 1.00
Box 811 Aud Fee: .00 Trans Tax: .00
AMES IA 50010-0811 1�A Filed for Record in STORY COUNTY IOW
CSUM L. VMDE KAMPI O AVTY RECORDER
V
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: 315-239-5146)
Return to Ames City Clerk,Box 811,Ames,IA 50010
SHARED USE PATH EASEMENT
KNOW ALL PERSONS BY THESE PRESENT that Mortenson I Ltd Partnership (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`Basement 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. City agrees that said path shall be not more than eight(8) feet wide. Said
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.
A
DATED this day of ,2005.
MORTENSON I LTD PARTNERSHIP,
GRANTOR
By:
STATE OF IOWA�RY COUN
On this �iaXof �'Y 2005,before me,the undersigned,a Notary Public in and for the State of Iowa,personally
appeared � �— ,to me personally known,who being by me duly sworn,did say that the person is
one of the partners of Mortenson I Ltd Partnership,a partnership,and that the instrum as signed on behalf of the partnership by authority of the
partners and the p Ewc;'�'
wledg d ent to be the v un act and deed of the hip by it and by the partner
voluntarily executed. CNumber 22�icy Y '_`t
JonFX_0hft
Notary Public in and for the State of Iowa
Mortenson I Ltd Shared Use Path Easement,042805.wpd
Exhibit A
PERMANENT BIKEPATH EASEMENT 0
CITY OF AMES , PUBLIC WORKS DEPARTMENT
DATE: N
OWNER : MORTENSON I LTD PARTNERSHIP
C/O EVERETT COCHRANE
P. O. BOX 1099
AMES, IA 50014
NO SCALE
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35'
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POINT 0 GINNING
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PERMANENT BIKEPATH EASEMENT o
FROM: MORTENSON I LTD PARTNERSHIP p
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THAT PART OF LOT 1 OF WILLOW CREEK ESTATES FOURTH ADDITION TO THE CITY OF AMES, STORY
COUNTY, IOWA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE S890 03'30"E, 35.00 FEET ALONG
THE SOUTH LINE OF SAID LOT; THENCE N710 54'15"E, 36.78 FEET TO A POINT ON THE EAST LINE OF
SAID LOT; THENCE S00° 09'22"E, 12.00 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD;
CONTAINING 210 SQUARE FEET.
AND;
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE S890 03'30"E, 175.00 FEET ALONG
THE SOUTH LINE OF SAID LOT 1 TO THE POINT OF BEGINNING; THENCE NOO° 56'30"E, 8.00 FEET
ALONG A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE; THENCE S98° 03'30"E, 100.00 FEET
ALONG A LINE THAT IS PARALLEL WITH SAID SOUTH LINE; THENCE S00° 56'30"W, 8.00 FEET ALONG
A LINE THAT IS PERPENDICULAR TO SAID SOUTH LINE; THENCE N980 03'30"W, 100.00 FEET ALONG
SAID SOUTH LINE TO THE POINT OF BEGINNING; SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
THE SOUTH LINE OF SAID LOT 1 IS ASSUMED TO BEAR N890 03'30"W.
CONTAINING 800 SQUARE FEET. RECORDED:
INSTRUMENT NO. :
DATE:
09-08-303-000