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Home My WebLink About~Master - Turning Radius and Parking Stall Easement I Instrurent:2011- 00008148 M Date:Aug 261,2011 10:47:19A D Rec Fee: 15.00 E-Cow Fee: 1.00 6 Aud Fee: .00 Trans Tax: .00 R Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Stars Counts► Iowa Susan L. Vande Kawpi Counts Recorder S P A C A`'. D° E_._ _ S_E._ U__ _D F 4 R O F I C--T A -L--- -$._._ _..: Return document to:City Clerk,P.O.Box 811,Ames,IA 50010 Document prepared by:F.J.Feilmeyer,Ammey at law,P.O.Box 664,Ames,IA 50010-515-2324732-fif@singerlaw.com TURNING RADIUS & PARKING STALL EASEMENT THIS IS AN EASEMENT made by Grantor and given to Grantee, acceptance of which shall be upon the following terms and conditions: 1 DEFINITIONS. When used in this agreement,unless otherwise required by the context: 1.1 "Grantor"means FIRST UNITED METHODIST CHURCH OF AMES,IOWA,an Iowa nonprofit corporation. 1.2 "Grantee" means CITY OF AMES, IOWA, an Iowa municipal corporation, and includes Grantee's successors and assigns. 1.3 "Burdened Property"means the tract of land described as follows: Parcel "D" in that part of Lot 7, and all of Lots 8, 9 and 10, in Block 8, Original Town of Ames, in the City of Ames,Story County,Iowa; as shown on the "Plat of Survey"filed in the office of the Recorder of Story County,Iowa,on May 31,2011, and recorded as Instrument No. 11-04939 on Slide 406 at Page 7. 1.4 "Easement Area"means the tract of land shown on the attached"Easement Plat"and legally described as follows: Commencing at the Southeast corner of said Parcel D; thence North 010 07' 38" West, 39.06 feet along the east line of Parcel D, to the Point of Beginning; thence South 58'57' 39" West,23.78 feet;thence North 010 07' 38" West,51.60 feet;thence North 380 28' 35" East, 32.34 feet; thence South 01' 07' 38" East, 64.66 feet along the east line of Parcel D,to the Point of Beginning. 1.5 "Benefited Property"means the real property described as follows: Lots 1,2,3,4,and 5,Block 8,Original Town of Ames,Iowa. 1.6 "Agreement"means this instrument as signed by the parties thereto. 2 CIRCUMSTANCES. Grantor owns the Easement Area. Grantee operates the municipal public li- brary on the Benefited Property. Pursuant to a Development Agreement between Grantor and Grantee, approved by the City Council on May 24,2011, Grantor is to provide easements to ac- commodate certain vehicles operated by the Grantee or its agents or employees. 3 EASEMENT CREATED. Within the Easement Area, the Grantee shall have the perpetual right to construct, reconstruct, operate, use, maintain, and repair a hard-surfaced driveway for turning and maneuvering vehicles and for one parking stall and shall have the right of ingress to and FJFN20110825160857 PASLEY & SINGER LAW FIRM, L.L.P. AMES, IOWA Easement .i) a € _ 2 egress from the adjacent public alley. Grantee shall have the right to regulate the use of the Easement Area and to place permanent signage within the Easement Area. Grantee shall not im- pair Grantor's use or access to adjacent buildings or improvements. 4 EASEMENT APPURTENANT. The easement rights granted under this Agreement to Grantee shall be appurtenant to the Benefited Property. 5 TITLE WARRANTY. Grantor warrants to Grantee that Grantor holds the Easement Area by title in fee simple; that Grantor has good and lawful authority to grant the easement rights herein provided for; and that any prior liens or encumbrances on the Easement Area will either be re- leased forthwith or will be subordinated to the easement rights granted herein by a duly executed and recorded subordination agreement. 6 SUCCESSORS BOUND. This instrument shall be binding upon and inure to the benefit of the re- spective successors and assigns of Grantor and Grantee. 7 INTERPRETATION. Words and phrases used in this instrument shall be construed as in the single or plural number,and as masculine,feminine or neuter gender, according to the context.This in- strument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this Agreement are for convenience only and in no way de- fine or limit the scope or intent of any provisions of this Agreement. IN WITNESS OF THIS AGREEMENT Grantor has executed this instrument under date of August�S ,2011. GRANTOR: FIRST UNITED METHODIST CHURCH OF AMES,IOWA By: , PRIMMER, EMILY T, Chair of the Board of Trustees Secretary of the Board of Trustees STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on August Z ; 2011 by Kevin Pimmer as president of First United Methodist Church of Ames,Iowa. Nancy A. Schroeder State of Iowa - �- Notary Public TA PUBLIC i• ' Commission No. 176488 My Commission Expires 10/17/2012 STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on August, 2011 by Emily Fuerst as secretary of First United Methodist Church of Ames,Iowa. NancyTader St NO Y PUBLIC NCommis648J My Commiss011 7/ FJFd20110825160857 PASLEY & SINGER LAW FIRM, L.L.P. AMES, IOWA PREPARED BY-CLAPSADDLUOARBER ASSOCIATES INC 16 EAST MAIN STRHET P.O.BOX 754 MARSAAiLTOWN IOWA 50158-PHONE MI-752.6701 EASEMENT PLAT 6TH STREET (66'ROW) __-------N88"42'32"E----______-_ 180.25' - - ELEC. 1 I EASEMENT L^15' 1 I 1 I 1 I 1 I 1 I 1 1 1 I I I 1 I I -- 1 1 I 1 I I 1 I&ALLEY I l I 1 I 1 I I _ I 1 W PARCEL „D„ b P (V CM 'I— N r� I Z AV I W i Turning Radius & it Parking Stall I Easement I V :1 00 O I p l to I I---- -- � -- �C 11 o Z1 1 11 I I 1 51 I 11 180.50, Sg6 o I 1 _-S88"57'47"W------------- M i CUT"X"OVER CUT"X"IN 1 ___--- PAVER IN \1—; 7 63 — I BROKEN PK NAIL �------ 17 yi _torm_ ewer Qsement____ \ N88'57'47"E// 101 if/ \\ 7.68'/ Mil NI Lid ' it `v _J;°�, ;'p o PARCEL ' m� '7?M/ro' 1`f U) �' I N Z \\ S88-57'47"w Drive Access `\ Easement CUT"x" ; / 180.60' J _ CUT'x"IN - ------N88"57'47"E------ PAVER BLOCK 5TH STREET (70'ROW) LEGEND: GOVERNMENT CORNER MONUMENT FOUND p GOVERNMENT CORNER MONUMENT SET 1/2"x 30"REBAR w/YELLOW PLASTIC ID CAP#8136 • PARCEL OR LOT CORNER MONUMENT FOUND O SET 1/2"x 30"REBAR w/YELLOW PLASTIC EASEMENT DESCRIPTIONS: SEE ATTACHED ID CAP#8136 O RECORDED AS OWNERS OF RECORD: PARCEL"D"-FIRST UNITED METHODIST CHURCH PARCEL"E"-CITY OF AMES FIRST UNITED METHODIST CHURCH&THE CITY OF AMES IN THE E1/2 OF THE SW1/4 OF SECTION 2-83-24 . N CITY OF AMES,STORY COUNTY,IOWA I hereby certify that this land surveying document was prepared \'101\\` and the related survey work was performed by me or under y my direct personal supervision and that I am a duly Licensed `�� \NNlltllliltlp/H Q Profes 'onal Land Su eyor under the laws of the State of Iowa. 4 'KENN ETH D. p" Clapseddte-Galtxr Assceiercs,lW g c 10 East Main street W=_ JANSSEN "w°Pi= 50158 _ Kenneth D.Janss PC.' date 7 C , 011 2 s 8136 a C Iowa License Num r 8136 %W~". uftwftOm nI� DRAWN SHEET NO. SCALE 1"=50 %, t�� yjyµttiilxmNt�\�\\ 0�� My License Renewal Date is December 31,2011. Ken 1 OF 2 0 50' y�O'/H �1OIWIAI\*\a`\\\ Pages or sheets covered by this seal: THIS SHEET AND IT'S DESCRIPTION DATE PROJECT N0. 8-17-11 5425 0AProjeCts\5425 Methodist\dwg\Easemenl.Exhibi1.2009.dwg-Plat LEGL-08-17-11-1:23gn-kdj257