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Home My WebLink About~Master - Public Utility - Green Hills Community RETURN DOCUMENT TO: VICTORIA A. FEILMEYER 1416 BUCKEYE AVE., STE 200 AMES, IA 50010 lf-Ai Instrument:2011- 00004771 -- Date:llay 24►2011 01:37:ov D Rec Fee: 35.00 E-Coa Fee: 3.00 Aud Fee: -W Trans Tax: .00 Rec Management Fee: 1.00 Ilan-Standard Pose Fee: .00 Filed for record in Story County► Iowa Susan L. Vande Koo, Counts Recorder Return document to: Victoria A.Feilmeyer,Attomey at law,1416 Buckeye Ave.,Ste.200,Ames,IA 50010—515-956-3915 Document prepared by: Victoria A.Fei lmeyer,Attorney at law, 1416 Buckeye Ave.,Ste.200,Ames,[A 50010—515-956-3915 EASEMENT KNOW ALL PERSONS: Green Hills Residents'Association, an Iowa non-profit corporation, and Green Hills Health Care Center. Inc.,an Iowa corporation(hereinafter referred to as the"Grantors"),for valuable consideration, from their respective underlying lands do hereby grant unto the City of Ames, Iowa, an Iowa municipal corporation, its successors and assigns(hereinafter referred to as the"Grantee"), upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area to construct, reconstruct, cover over, clean up, operate, use, maintain, and repair the systems described for the uses set forth hereinafter over, upon,across and under the Easement Area togeth- er with a perpetual right of ingress and egress between said Easement Area from adjacent public rights-of- way. The Easement Area is a strip of land situated in Story County,Iowa,and described as follows: For use of a storm sewer: The real property shown on Exhibit"A" attached hereto and by this reference made a part hereof. For use of a storm sewer: The real property shown on Exhibit"B" attached hereto and by this reference made a part hereof. For use of a storm sewer: The real property shown on Exhibit"C" attached hereto and by this reference made a part hereof. For use of a storm water detention basin: The real property shown on Exhibit"D"at- tached hereto and by this reference made a part hereof. For use of a water main: The real property shown on Exhibit"E" attached hereto and by this reference made a part hereof. For use of a water main: The real property shown on Exhibit 'IF" attached hereto and by this reference made a part hereof. The foregoing rights are granted by the Grantors and shall be accepted and exercised by the Gran- tee subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. The Grantors, as the fee simple owners of the underlying real es- tate, and the Grantors' successors and assigns, shall not erect or place within the Easement Area any building or other structure or improvement or any trees, shrubs or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee. The Grantee shall have the right to trim or remove trees and shrubs within the Easement Area to prevent damage to a utility service line of the Grantee located within the Easement Area. 2. RESTORATION. Immediately following construction,reconstruction, or repair work by the Gran- tee within the Easement Area,weather and season permitting,ground area with previously existing EASEMENTS Page 2 grass cover that is disturbed by such work shall be planted with sod or grass seed in accordance with customary methods of soil preparation and planting by the Grantee. 3. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantors from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 4. 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 instru- ment shall be governed exclusively by and construed in accordance with the laws of the State of Iowa.The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. IN WITNESS WHEREOF the undersigned has executed this instrument on the day of ,A ,2011. GREEN HILLS RESIDENTS' ASSOCIATION BY: BY: Charles Kniker, President Etha Hutchcroft,Secreta GREEN HILLS HEALTH CARE CENTER, NC. BY: BY: kpu amen Madden, President Bev Van Fossen,Secretary STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on the day of , 2011 by Charles Kniker as president of Green Hills Residents'Association. nODNEY 1.GCIFPL Cr�na[ssi^^n Numt t '?7 t V Cgnmisslon E; v _,_ ( — ILI_(t NOTARY PUBLIC STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on the °� day of �. ,2011 by Etha Hutchcroft as secretary of Green Hills Residents'Association. Wiiol RODNEY 1. CV?'eL2 P Carrzmission LEE `727C3 NOTARY PUBLIC NOY Commipi'ms ' EASEMENTS Page 3 STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on the day of r. ,2011 by War- ren Madden as president of Green Hills Health Care Center, Inc. eo RQIt2NEY!.CC VL_ ""YmlSS.aCI tH- ssio CE 7 r" w s foy(s lsslan( z NOTARY PUBLIC STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on the if day of �. ( , 2011 by Bev Van Fossen as secretary of Green Hills Health Care Center, Inc. RODNEY I. Ctw zr . NOTARY PU LIC Ah Commission Nuenb My OommlWon E,,,.; P�. 3 EASEMENT DESCRIPTIONS Storm Sewer Pipe&Detention Basin EXHIBIT"A" Grantor: Green Hills Residents'Association Storm Sewer Pipe: A Ten(10)foot wide permanent Easement across part of Parcel"C"; in Lots One (1)and Two(2), Gateway-Green Hills Subdivision, Second Addition; and in Outlots"A", "B", "F"and"G", Gateway-Green Hills Subdivision; 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 5-24 , 2011 and recorded as Instrument#11- 04-16g on Slide `lob at Page -; Five feet on each side of the following described centerline: "Commencing at the Northwest(NW)corner of Parcel"B"(recorded as same Instrument number above);thence N 530 59' 12"W,35.56 feet along the north line of said Parcel"C";thence S 360 00'48"W,45.54 feet to the Point of Beginning;thence N 500 30' 19"W, 123.18 feet to a Point of Ending." EXHIBIT"D" _ Grantor: Green Hills Residents'Association Storm Water Detention Basin: r An Easement Area on Parcel"C";.in Lots One(1)and Two(2), Gateway-Green Hills Subdivision,Second Addition;and in Outlots"A",'B","F"and "G", Gateway-Green Hills Subdivision; 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 5-ty 2011 and recorded as Instrument#11- 641`4 on Slide qO(v at Page I ;described as follows: "Commencing at the Northwest(NW)comer of Parcel"B"(recorded as same Instrument number above);thence N 530 59'12"W,35.56 feet along the north line of said Parcel"C';thence S 360 00'48"W,45.54 feet;thence N 500 30' 19"W, 123.18 feet to the Point of Beginning;thence N 370 02' 15"E, 5.00 feet;thence N 29' 11'41"W, 54.99 feet; thence N 53° 59' 12"W,288.73 feet;thence S 700 40'42"W, 29.45 feet;thence S 01° 22' 13"W, 57.37 feet;thence S 11°07'58"E,56.63 feet;thence S 180 26'38" E, 44.60 feet;thence S 290 09'38"E,28.78 feet;thence S 540 40'53"E,41.90 feet;thence S 780 54' 11" E, 70.75 feet;thence S 860 45'57"E,83.94 feet;thence N 830 04'39"E, 57.43 feet;thence N 370 02'15"E, 5.00 feet to the Point of Beginning." • •.� •.•••••.r "KeiiFeTK D.J ssen P.E., L.S. License Renewal 12-31-11 April 18,2011 CGA Consultants CGA-File#75451-2(Storm.Pipe-Detention.C.Des) P9,y EXHIBIT "B" EASEMENT DESCRIPTION Storm Sewer Relocation Grantors: Green Hills Residents' Association Green Hills Health Care Center, Inc. A Ten (10)foot wide permanent Easement across Parcel "B"; in Lot Six (6), Gateway-Green Hills Subdivision, and in Lots One (1) and Two (2), Gateway-Green Hills Subdivision, Second Addition; and across part of Parcel "C"; in Lots One (1) and Two (2), Gateway-Green Hills Subdivision, Second Addition, and in Outlots "A "B", "F" and "G", Gateway-Green Hills Subdivision; 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 5. 2N , 2011 and recorded as Instrument# 11- o10(o9 on Slide No(o at Page 1 ; Five feet on each side of the following described centerline: "Commencing at the Southwest (SW) comer of said Parcel "B"; thence N 000 00' 00" W, 62.77 feet along the west line of Parcel "B"; thence N 90' 00' 00" W, 12.96 feet to the Point of Beginning; thence N 020 18' 06" E, 43.22 feet; thence N 270 05' 26" W, 124.11 feet; thence N 840 30' 56" W, 69.30 feet; thence N 260 35' 49" W, 79.63 feet; thence N 180 31' 18" E, 115.32 feet; thence N 10° 59' 09" E, 58.62 feet; thence N 490 27' 17" E, 24.25 feet; thence N 21° 55' 24" E, 136.20 feet to a Point of Ending." tea: .. °" en eth Janssen P.E., L.S. ;;; �wR;��ib�' License Renewal 12-31-11 April 18, 2011 CGA Consultants CGA-File# 75451-2 (Storm.Sewer.B-C.Des) Clapsaddie-Garber Associates, Inc. Pq L 612 5th Street•Ames,Iowa 50010-6005•Telephone 515-232-8553•Fax 515-233-5976 7 Toll Free 800-542-7981•www.cgaconsultants.com EXHIBIT "C" EASEMENT DESCRIPTION Storm Sewer- Southern Part Grantor: Green Hills Residents' Association A Ten (10) foot wide permanent Easement across Parcel "C"; in Lots One (1) and Two (2), Gateway-Green Hills Subdivision, Second Addition, and in Outlots "A", "B", "F" and "G", Gateway-Green Hills Subdivision; 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 S-2%t , 2011 and recorded as Instrument# 11- O to9 on Slide 4olo at Page Five feet on each side of the following described centerline: "Commencing at the Southwest (SW) comer of said Parcel "B"; thence N 000 00' 00" W, 62.77 feet along the west line of Parcel "B"; thence N 900 00' 00" W, 12.96 feet to the Point of Beginning; thence N 890 57' 11" W, 132.50 feet; thence S 360 37' 35" W, 70.96 feet; thence S 640 03' 20" W, 22.43 feet; thence S 160 34' 08" W, 22.32 feet; thence S 000 00' 04" E, 276.82 feet; thence N 89' 21' 26" W, 103.29 feet to the Point of Ending." I ewm D.: JAIPASea •. Kenneth D. nssen P.E., L.S. License Renewal 12-31-11 April 18, 2011 CGA Consultants CGA-File # 75451-2 (Storm.Sewer.C.Des) Clapsaddle-Garber Associates, Inc. P4. U 612 5th Street•Ames,Iowa 50010-6005•Telephone 515-232-8553•Fax 515-233-5976 Toll Free 800-542-7981•www.cgaconsultants.com EASEMENT DESCRIPTIONS Water Main Relocation EXHIBIT "E" Grantor: Green Hills Residents Association A Ten (10) foot wide permanent Easement across Lot Three (3); Gateway-Green Hills Subdivision, Second Addition; in the City of Ames, Story County, Iowa; Five feet on each side of the following described centerline: "Commencing at the Southwest (SW) corner of said Lot 3; thence N 27' 07' 22" W, 38.57 feet along the west line of Lot 3, to the Point of Beginning; thence N 620 50' 28" E, 11.22 feet; thence S 690 01' 30" E, 100.89 feet to the west line of Green Hills Drive and the Point of Ending." EXHIBIT "F" Grantor: Green Hills Health Care Center, Inc. A Ten (10) foot wide permanent Easement across part of Parcel "B"; in Lot Six (6), Gateway-Green Hills Subdivision, and in Lots One (1) and Two (2), Gateway-Green Hills Subdivision, Second Addition, 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 5- a Y , 2011 and recorded as Instrument# 11- O V 1 tog on Slide UP at Page�_; Five feet on each side of the following described centerline: "Commencing at the Southeast (SE) comer of said Parcel "B"; thence N 270 07' 22" W, 38.57 feet along the east line of Parcel "B", to the Point of Beginning; thence S 620 50' 28" W, 161.84 feet; thence N 27' 05' 26" W, 30.77 feet; thence S 62° 54' 34" W, 20.90 feet to the Point of Ending." . D. JANSSM 8136 .: Kenneth D. . nssen P.E., L.S. so License Renewal 12-31-11 April 18, 2011 CGA Consultants CGA-File # 75451-2 (Water.Main.Des) Clapsaddle-Garber Associates, Inc. Pj.-7 612 5th Street•Ames,Iowa 50010-6005•Telephone 515-232-8553•Fax 515-233-5976 Toll Free 800-542-7981 •www.cgaconsultants.com