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HomeMy WebLinkAbout~Master - Easement for Recreational Trail Instrument:2015- 00000645 ' M Date:Jan 2312015 02:00:28P D Rec Fee: 20.00 E-Com Fee: 1.00 yAud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story County► Iowa Stacie L. Nerridser County Recorder Return to: (env) Ames City Clerk P.O. Box 811, Ames IA 50010 PREPARED BY: Ryan K. Gurwell,A&R Land Services, Inc., 1601 Golden Aspen Dr.,Suite 105,Ames, IA 50010 (515)337-1197 TAXPAYER: Liberty Court, L.L.C.,506 E. Gold Coast Road,Suite 400, Papillion,NE 68046 FOR: City of Ames, Iowa,City Hall,515 Clark Ave.,Ames, IA 50010 (515)239-5101 RETURN TO: A&R Land Services,Inc.,1601 Golden Aspen Dr.,Suite 105,Ames,IA 50010 (515)337-1197 Exempt from Real Estate Transfer Tax under Iowa Code 428A.2(17). Exempt from requiring a Declaration of Value under Iowa Code 428A.1. EASEMENT FOR RECREATIONAL TRAIL For the consideration of Two Thousand Three Hundred Thirteen and 00/100 --- ($2,313.00) --- Dollars, Liberty Court, L.L.C., Grantor, does hereby grant to the City of Ames, Iowa, Grantee, a permanent easement for recreational trail purposes in, to, on, over and across real estate in 5t County, Iowa: THE EASEMENT RIGHT GRANTED FOR RECREATIONAL TRAIL PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: Perpetual Easement A perpetual easement described as follows, and illustrated on the Easement Exhibit attached as Page 4. 1 1 Page LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN LOT 6 AND THE WEST 8 CHAINS OF LOT 7 OF THE EAST HALF OF THE NORTHWEST FRACTIONAL QUARTER ALL IN SECTION 1, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF AMES, STORY COUNTY, IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE NORTH 8q° 56' Oq" EAST ALONG THE NORTH LINE OF SAID LOT 7, 268.78 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89° 56' Oq" EAST ALONG SAID NORTH LINE OF LOT 7, 35.50 FEET; THENCE SOUTHWEST A DISTANCE OF 71.26 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 680 02' 58", ALONG A 60.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 060 24' 53" WEST, 67. 15 FEET; THENCE SOUTH 27° 36' 36" EAST, 103.56 FEET; THENCE SOUTHEAST A DISTANCE OF 136.88 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE WESTERLY WITH A CENTRAL ANGLE OF 68" 11 ' 53", ALONG A 115.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 060 29' 20" WEST, 128.g4 FEET ; THENCE SOUTH 400 35' 17" WEST, 30.59 FEET TO THE SOUTH LINE OF SAID LOT 6;THENCE NORTH 89° 28' 55" WEST ALONG THE SOUTH LINE OF SAID LOT 6, 39.20 FEET; THENCE NORTH 400 35' 17" EAST, 55.83 FEET; THENCE NORTHEAST A DISTANCE OF 101. 17 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE WESTERLY WITH A CENTRAL ANGLE OF 680 1 1' 53", ALONG A 85.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 060 29' 20" EAST, 95.31 FEET; THENCE NORTH 270 36' 36" WEST, 103.56 FEET; THENCE NORTHWEST A DISTANCE OF 83.57 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE EASTERLY WITH A CENTRAL ANGLE OF 530 12' 14", ALONG A gO.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 01 ° 00' 2q" WEST, 80.60 FEET TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED TRACT CONTAINS 10,289 SO.FT, OR 0.24 ACRES MORE OR LESS. This easement and transfer is exempt from transfer tax. Iowa Code Sec. 428A.2(17). This easement is being acquired for public purposes and a Declaration of Value is not required. Iowa Code Sec. 428A.1. Grantor does hereby covenant with Grantee, and successors in interest, that Grantor holds the real estate by title in fee simple; that Grantor has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and Grantor covenant to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the easement. 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. 2 Aj . IN WITNESS WHEREOF I have hereunto affixed my hands this day of 444 eKz 20 / LIBERTY COURT, L.L.C. even 0.13eterVen, Member STATE OF &2 k�,,,, ka-- COUNTY OF -"�Cl SS l : On this � day of k, n u c� rc 20 before me the undersigned, a Notary Public in and for said State, personally appeared Steven O. Petersen to me known to be the identical person(s) named in and who executed the within and foregoing record, and acknowledged that they executed the same as their voluntary act and deed. GENERAL NOTARY-State of Nebraska ' IlA JO CHECKSFIELD comm. My Comm.Exp.Sept.16,2016 gnature of Notary Pub[' 3 � , Prepared by Jeremy Soukup, 8181 Birchwood Court, Suite L Johnston, U\50131 Phone: 515-254-1303 EXHIBIT"A-1" PERMANENT TRAIL EASEMENT BEING CONVEYED TO THE CITY OF AMES SKUNK RIVER RECREATIONAL TRAIL PROPERTY OWNER: PARCEL09 LIBERTY COURT LLC CITY CONTRACT NO. (JL-0155(670)--7R-85) 506 E GOLD COAST RD STE 400 FIELD SURVEY PEEI NOTE:MONUMENTS SHOWN TO BE SET WILL BE ESTABLISHED AFTER CONSTRUCTION IS COMPLETED CURVE TABLE CURVE LENGTH RADIUS CHD. LENGTH CHD BEARING DELTA ---TAN SURVEY DISC LINE TABLE LINE LENGTH BEARING NW COR co co 16 17 LOT 6 LOT 5 01 PERMANENT TRAIL EASEMENT FOUND STONE U) OFLOT6 CENTER A FOUND SECTION CORNER MONUMENT SEC- 1-83-24 0 FOUND I.REROD WICAP#17161(UNLESS NOTED) I.R. IRON REROD I.P. IRON PIPE SECTION LINE ALBERT (D -kffi- RIGHT-OF-WAY LINE JEREMY SOUKUP EASEMENT LINE PROPERTY LINE 18900 CITY OF WEST DES MOINES Illiff— I& 4200 MILLS CIVIC PKWY roth SHEET