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Home My WebLink AboutA004 - Permanent Drainage and Trail Easement �Instruma :? - 10832 _nt _007 000 M date:Sea 11r2007 02:38:08P 6 Per Fee: 15.00 E-Con Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story Countgr Iowa Susan L. Vande Kamer Counts Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Pre ar ou las R.Marek,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146) ari" • Return to Ames City Clerk,Box 811,Ames,IA 50010 PERMANENT DRAINAGE AND TRAIL EASEMENT This Deed of Easement is made this I r'� day of �J_ot LW 2007,between Bradshaw Farms,L.P. (Grantor),it's heirs,successors,and assigns,and The City of Ames,Iowa( ity), WITNESSETH: Grantor is the owner in fee simple of certain real property hereinafter described,located in Story County,Iowa. The Grantor is willing to grant a perpetual easement and right-of-way under,over,on,through, across,and within the real estate hereinafter called "Easement Area", for the purpose of the City constructing, reconstructing, repairing, replacing, enlarging, inspecting, and maintaining a surface water drainage area and a bicycle and pedestrian trail,together with all necessary structures and appurtenances thereto,under,over,on,through, across, and within the Easement Area,and the City is willing to accept such easement. Therefore,in consideration of the sum of seven thousand one hundred seven dollars($7,107.00)paid to the Grantor,and in further consideration of the mutual covenants,terms,conditions,and restrictions set forth,Grantor hereby grants and convey unto the City and its successors in perpetuity an interest and permanent drainage and trail easement of the nature and character and to the extent set forth,in respect to the lands of the Grantor,more particularly described as follows: A part of the Southwest Quarter of the Southwest Quarter of Section 12,Township 83 North,Range 24 West of the 5th P.M., City of Ames, Story County, Iowa being more particularly described as follows:Commencing at the Southeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 12;thence N00124'54"W,270.02 feet along the East line of the Southwest Quarter of the Southwest Quarter of said Section 12 to the point of beginning; thence continuing N00°24'54"W, 1041.53 feet to the Northeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 12;thence N89126'38"W,580.67 feet along the north line of the Southwest Quarter of the Southwest Quarter of said Section 12;thence S00°33'22"W,138.57 feet;thence S52°35'37"E,161.05 feet;thence S27°16'56"E,298.85 feet;thence S73°25'46"E,251.64 feet;thence S00°24'54"E,472.90 feet;thence S89°39'15"E,80.01 feet to the point of beginning,containing 6.55 acres.The South and West 30.00 feet of this easement is to be reserved for a public trail. This Easement shall be subject to the following terms and conditions: 1. Grantor grants to the City permission to develop and use the said land as a surface water drainage area and a public bicycle and pedestrian trail. All development and construction shall be done by employees of the City or City's contractors in accordance with a schedule set by the City. 2. The City shall bear the entire cost of designing,constructing and maintaining the trail. The City will pay for all costs of filing this document. 3. The City shall indemnify and hold harmless Grantor,it's 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 Page 1 of 2 Y , ♦ A . consequence of the City's failure to exercise due care in the development,construction,operation,or maintenance of said path. 4. Grantor shall not erect any fence or other structure(except a paved roadway,parking and/or other utilities) under,over,on,through,across,or within the Easement Area without obtaining the prior written consent of the City,nor shall Grantor cause or permit any obstruction or material to be placed under,over,on,through,across,or within the Easement Area without obtaining the prior written consent of the City. The Grantor shall have the duty to mow the grass and perform routine maintenance. The City shall have the right to excavate the waterways as needed to restore or enhance the functional capacity or structural integrity of those waterways. 5. Grantor shall not change the grade,elevation,or contour of any part of the Easement Area without obtaining the prior written consent of the City. 6. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described,including but not limited to, the right to remove,without liability to the City,any unauthorized fences,structures,obstruction,or material placed or erected under,over,on,through,across,or within the Easement Area. 7. Except as may be caused by the negligent acts or omissions of the City,its employees or agents,the City shall not be liable for injury or property damage occurring in or to the Easement Area, the property abutting said Easement Area,nor for property damage to any improvements or obstructions thereon resulting from the City's exercise of its rights herein granted or arising in any manner from the existence of this Easement,or from the flowage or drainage of water into,over,through,across,within,or out of said Easement Area. Grantor agrees to indemnify and hold the City, its employees,agents and representatives harmless against any loss,damage or injury arising out of or resulting from the negligent or intentional acts or omissions of Grantor or its employees,agents,or representatives. 8. This Easement shall be for the benefit of the City. 9. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's heirs, successors and assigns. Grantor does hereby covenant with the City that(i)Grantor holds said real estate described in this Easement by title in fee simple;(ii)Grantor has good and lawful authority to convey the premises against the claims of all persons whosoever. Words and phrases herein including acknowledgment hereof shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. DATED this day of -a►'tLl 2007. BRADSHAW FARMS,L.P.,Grantor STATE OF IOWA,STORY COUNTY ss: On this�day of JGtvLfi 2007, before me, a Notary Public in and for the 9tate of Iowa, B personally appeared FRANCIS W. BRADSHAW, to me personally known,who being by me duly sworn or affirmed Francis W.Bradshaw,partner did say that the person is one of the partners of Bradshaw Farms, L.P., a partnership, and that said instrument was signed on behalf of the partnership by authority of the partners and the partner acknowledged the execution of said instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. 0J i Ao�� Notary Public in and for the State of Iowa o Peat S7 DA`JID W. BENSn" COMMISSION NO. 111 6 " * MY COMMISSION EXF 3 SE 16th St Bridge Project Drainage&Trail Easement 011007.wpd to W n — Z r{-7 Oar Page 2 of 2 R. BRADLEY STUMBO P. O. BOX 1664 AMES, IOWA 50010 515-233-3689 NW CORNER PLAT OF SURVEY SW1/4. SW1/4 DRAINAGE & TRAIL EASEMENT SEC. 12-83-24 NO MONUMENT FOUND OR SET NE CORNER N89'26'38"W 725.47" N89'26'38"w SWI580.67' SEC./4,12583/24 __fNO MONUMENT S00'33'22"W FOUND OR SET 138.57' 37.49' DRAINAGE & TRAIL S52'35'37-E EASEMENT 161.05' \ 285124.88 SO FT 6.55 ACRES s� PARCEL I0: 09-12-300-400 PROPRIETOR' BRADSHAW FARMS. L.P. a's`sa•. REQUESTED BT: DOUG ERNST. �30' TRAIL ENGINEERING ALLIANCE, INC. `OCATION o S2S 5 4 f 4 to Survey Description-Drainage & Trail Easement: N A part of the Southwest Quarter of the Southwest Quarter O of Section 12. Township 83 North, Range 24 West of the 1 Z 5th P.M., City of Ames, Story County, Iowa being more o ` particularly described as follows: Commencing at the Southeast Corner of the Southwest Quarter of the Southwest N Quarter of said Section 12: thence N00'24'54"W, 270.02 feet along the East line of the Southwest Quarter of the F, Southwest Quarter of said Section 12 to the point of W I beginning, thence continuing N00 '24'54"W, 1041.53 feet to Q the Northeast Corner of the Southwest Quarter of the w`�' "' I Southwest Quarter of said Section 12, thence N89'26'38"W. 580.67 feet along the north line of the Southwest Quarter �� o of the Southwest Quarter of said Section 12: thence ( cwQ o I S00 '33'22"W, 138.57 feet: thence S52'35'37-E, 161.05 feet; thence S27 '16'56"E, 298.85 feet; thence S73'25'46"E, 251.64 A� feet; thence S00'24'54"E, 472.90 feet; thence S89'39' 15-E, 80.01 feet to the point of beginning, containing 6.55 acres. The South and West 30.00 feet of this easement is to be l— reserved for a public trail . I 589*39k15"E I 80.UU1' ; �GS In N P G OQ`PPJ�t*4'��v O Cad'iy 6GP5 (V O _ _ _ _50 -RIGHT OF WAY-LINE - - - - - - - _ - _ - - - - z S89'39'15"E 1307.96' TSW CORNER S.E. 16TH STREET (ROW VARIES) SEC. 12-83-24SE CORNER FOUND 1/2" REBAR SW1/4, SW1/4 IN CONCRETE OF SEC. 12-83-24 MH STRUCTURE GRAPHIC SCALE 1"=200 ' (TO BE SET FOLLOWING CONSTRUCTION) 0 200 400 600 Certification: I hereby certify that this land surveyin document was prepared and the related survey work was performed 0. ST by me or under my direct personal supervision and that I am a OP�trCNSF�duly licensed Land Surveyor under the laws of the State of Iowa. Q, o nn 17161 Date: R. Bradley Stumb,6 License #17161 My license renefial date is December 31, 2007 jow P .lob #15834BEAS4 Date: 10/09/06 Page 1 of 1 �� SUR�E�O pie 3