HomeMy WebLinkAbout~Master - Ingress/Egress - Chelan Daybreak- Lot 2, Dauntless Subdivision, 7th Addition 1513
Instrument:2007- 00011596
M Gate:Oct 02►2007 01:39:16P
D Rec Fee: 15.00 E-Con Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
600 Non-Standard Page Fee: .00
Filed for record in Stors County► Iowa
Susan L. Vande Kampt County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Streetar Cameron,317 6°i Ave.,Suite 300,Des Moines,IA 50309(515)243-8157
Return to:Lyndon Cook,P.E.,City of Ames Electric Engineering Division,502 Carroll Ave.,Ames,1A 50010
INGRESS/EGRESS EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That,Chelan Daybreak,LLC, its successors and assigns("Grantor'), does hereby grant,declare and create a non-
exclusive,perpetual right of ingress and egress to the City of Ames, Iowa, a municipal corporation,its successors
and assigns, and all invitees and guests of the Grantor and its successors and assigns ("Grantees"), over, across
and through the ingress egress area described on Exhibit"A"attached hereto for the purpose of allowing rescue,
fire and emergency vehicles to have access thereto as well as for general means of ingress and egress thereon and
to allow such ingress and egress for the benefit of the following described property:
Parcel "A' of Lot 2, Seventh Addition, Dauntless Subdivision to Ames, Iowa as shown on the
Plat of Survey filed in the office of the Recorder of Story County,Iowa on November 30,2004 as
Instrument No.04-15794, Slide 227,Page 4.
Maintenance of the ingress egress area described herein shall be performed by the owner of the ingress egress
easement area.
Grantor warrants that it has good title to the above described premises and that there are no encumbrances which
will limit or interfere with the rights granted herein to Grantees.
Grantor and its successors and assigns shall have the right at reasonable times to close portions of the ingress
egress easement area for maintenance, repair and replacement purposes provided that access to and from Parcel
"A"described above is not entirely limited thereby at any one given time.
The Grantor(s),(his,her,its,their)tenants,heirs,successors and assigns shall have the right to use and enjoy said
premises fully,except for the rights and privileges hereinbefore granted to the Grantee;provided however,that no
buildings,structures or improvements either permanent or temporary in nature,nor shall the terrain be altered
without prior written consent of Grantee,nor shall any other utilities be placed in,on,through,over or across the
easement without Grantee's prior written consent;that the use of said premises shall at all times be subject to such
acts and uses by Grantee as may be necessary for the purposes herein set forth.
This grant of easement shall be binding upon the heirs, successors and assigns of the Grantor. The foregoing
rights are granted upon the express condition that the City of Ames,Iowa,will assume all liability for all damages
to the above described property caused by the City's failure to use due care in its exercise of the rights,privileges
and authorities granted. f��y,,I—,,�
Signed this 5� day of 6Ch6(�✓ ,20 V7
CHELAN DA C
By.
Matt Eller,Manager
STATE OF IOWA, Z COUNTY ss:
On this�5 day of ,2007,before me,a Notary Public in and for the State of Iowa,
personally appeared Matt Eller,Manager of Chelan Daybreak,LLC,an Iowa limited liability company.
,-,A2 imm j I 1/1�
MEGAN TIERNAGEL Notar lie in and for s d State
i � Commission Number 724609
My Commission Expires
owP Se tember 18, 2009
EXHIBIT"A"
A PART OF PARCEL 'B' OF LOT 2 AS SHOWN ON THE PLAT OF SURVEY RECORDED AS
INSTRUMENT NUMBER 20040015794, IN THE SEVENTH ADDITION DAUNTLESS
SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 'B'; THENCE NORTH
22010'29" EAST ALONG THE WESTERLY LINE OF SAID PARCEL 'B', A DISTANCE OF
27.67 FEET TO THE POINT OF BEGINNING; THENCE NORTH 22°10'29" EAST
CONTINUING ALONG SAID WESTERLY LINE, 25.42 FEET; THENCE SOUTH 78012'47"
EAST, 253.01 FEET; THENCE SOUTH 83°48'10" EAST, 56.12 FEET; THENCE
NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY WHOSE RADIUS IS
15.00 FEET, WHOSE ARC LENGTH IS 23.40 FEET AND WHOSE CHORD BEARS NORTH
51030'38" EAST, 21.10 FEET; THENCE NORTH 06049'25" EAST, 171.14 FEET; THENCE
NORTHWESTERLY ALONG A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS
15.00 FEET, WHOSE ARC LENGTH IS 23.62 FEET AND WHOSE CHORD BEARS NORTH
38-16-55" WEST, 21.25 FEET; THENCE NORTH 83023'16" WEST, 20.91 FEET; THENCE
NORTH 67049'30" WEST, 229.21 FEET TO SAID WESTERLY LINE; THENCE NORTH
22010'29" EAST CONTINUING ALONG SAID WESTERLY LINE, 25.00 FEET; THENCE
SOUTH 67°49'30" EAST, 221.67 FEET; THENCE NORTHEASTERLY ALONG A CURVE
CONCAVE NORTHWESTERLY WHOSE RADIUS IS 25.00 FEET, WHOSE ARC LENGTH IS
45.97 FEET AND WHOSE CHORD BEARS NORTH 59°29'58" EAST, 39.76 FEET; THENCE
NORTH 06049'25" EAST, 37.74 FEET; THENCE SOUTH 83023'16" EAST, 92.03 FEET TO
THE EASTERLY LINE OF SAID PARCEL 'B; THENCE SOUTH 06°49'50" WEST
CONTINUING ALONG SAID EASTERLY LINE, 30.00 FEET; THENCE NORTH 83°23'16"
WEST, 12.32 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE
SOUTHWESTERLY WHOSE RADIUS IS 50.00 FEET, WHOSE ARC LENGTH IS 78.36 FEET
AND WHOSE CHORD BEARS SOUTH 51043'05" WEST, 70.58 FEET; THENCE SOUTH
06049'25" WEST, 233.87 FEET; THENCE NORTH 83048'10" WEST, 96.90 FEET; THENCE
NORTH 78012'47" WEST, 258.81 FEET TO THE POINT OF BEGINNING AND CONTAINING
0.59 ACRES (25,516 SQUARE FEET)
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