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HomeMy WebLinkAboutA007 - Recreational Trail Easement with Diane and Larry Schulte Prepared By:JCG Land Services,Inc. 1715 South G Avenue,Nevada,Iowa 50201 (515)382-1698 Return to:Ames City of Ames,City Hall,515 Clark Avenue,Ames,IA 50010 (515)239-5101 RECREATIONAL TRAIL EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT Diane M. Schulte a/k/a Diane Mardell Schulte and Larry L. Schulte, wife and husband, 2925 Dean Avenue, Odebolt, Iowa 51458 (hereinafter called "Owner") for good and valuable consideration, the receipt and sufficiency of which is acknowledged, do hereby convey unto the City of Ames, Iowa, a municipal corporation, (hereinafter called "City"), an easement under, over, on, through, across and within the following described real estate: Easement description Perpetual Easement: (description) Containing 24,914 square feet, more or less. Temporary Easement (description) Containing_8,125_square feet, more or less. SEE ATTACHED EXHIBIT This easement is for the purpose of the City constructing, repairing, replacing, enlarging, inspecting and maintaining a recreational trail, together with all necessary structures and appurtenances thereto,under, over, on, through, across and within the Easement. The temporary easement shall be for a 12 month period from the date of construction. At which time the temporary easement shall cease and terminate. This Easement shall be subject to the following terms and conditions: 1. Erection and Placement of Structure Prohibited. Owner shall not, nor will grantor allow, any other person or entity, to erect any residence, garage, building or other permanent structure, (except a paved roadway, driveway, sidewalk, parking, curb, fence, landscaping, or ground cover)under, over, on, through, across or within the Perpetual Easement Area. 2. Change of Grade Prohibited. Owner shall not change the grade elevation or contour of any part of the Perpetual Easement. 3. Right of Access. The City shall have the right of reasonable access to the Perpetual Easement Area, and have all rights of ingress and egress reasonable necessary for the use and enjoyment of the Perpetual Easement Area as herein described, including, but not limited to the right to remove, without liability to Owner, any unauthorized structures under, over, on, through, across or within the Perpetual Easement Area. 4. Easement Benefit. This Easement shall be for the benefit of the City, the owners of the property abutting said Easement Area, and the owners of property lying within the City, but rights hereunder may be exercised only by the city and/or its designated agents. 5. Easement Runs with Land. This Easement shall be deemed to run with the land and shall be binding on the parties and on the heirs, successors and assigns of the parties hereto. Upon conveyance of the Easement Area by Owner, the duties, obligations and liabilities of Owner hereunder shall pass to such heirs successors or assigns, and Owner shall have no further duties obligations or liabilities hereunder. g � g 6. Approval of City Council. This Easement shall not be binding until it has received final approval and acceptance by the City Council of the City of Ames, Iowa, by Resolution which final approval and acceptance shall be noted on this Easement by the City Clerk. 7. Warranties. Grantor does hereby covenant with the City that (1) Grantor holds the Easement Area by title in fee simple, subject only to easements and restrictions of record; (2) Grantor has good and lawful authority to convey the same; and (3) Grantor covenants to warrant and defend the Easement Area against the claims of all persons whomsoever except those claims arising through or under the City. 8. Context. Words and phrases herein, including the acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Signed this ( ' day of A.D. 2015 Diane M. Schulte Larry L. ulte ALL PURPOSE ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER: STATE OF IOWA ) X INDIVIDUAL ss. CORPORATE COUNTY OF SA C ) Title(s)of Corporate Officer(s): On this I day of lVoVem,�'i A.D. 2015,before me, the undersigned, a Notary Public in and for said State, Corporate Seal is affixed personally appeared Diane M. Schulte and Larry L. Schulte No Corporate Seal procured PARTNERS(s): / Limited Partnership (X to me personally known General Partnership ATTORNEY-IN-FACT or EXECUTOR(s)or TRUSTEE(s) proved to me on the basis of satisfactory evidence GUARDIAN(s)or CONSERVATOR(s) to be the person(s) whose name(s) is/are subscribed to the OTHER within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and SIGNER IS REPRESENTING: that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) List name(s)of person(s)or entity(ies): acted,executed the instrument. Self �V'/ / 4"Y" (Sign in Ink) 4; 1 rIJ�r- (PrindType Name) Notary Public in and for the County of SA C and State of Iowa My commission expires /�)2 N/ s— NEIL F SIBENALLER Commission Number 726153 P„qy ComMession Expires �uriP iZ/z4 �' b Prepared by Jeremy Soukup, 8191 Birchwood Court, Suite L, Johnston, IA 50313 Phone: 515-254-1393 ACQUISITION PLAT EXHIBIT"A" PERMANENT DRAINAGE AND TRAIL EASEMENT CONVEYED TO THE CITY OF AMES SKUNK RIVER RECREATIONAL TRAIL PROPERTY OWNER: PROJECT NO.:JL-0155(670)-7R-85 DIANE M.SCHULTE PARCEL 5 2925 DEAN AVENUE ODEBOLT,IOWA 51458 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE FIFTH PRINCIPAL MERIDIAN,NOW IN AND FORMING A PART OF THE CITY OF AMES,STORY COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12,THENCE SOUTH 00°16'45"EAST,60.00 FEET ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY ALSO BEING THE POINT OF BEGINNING,THENCE SOUTH 00°16 45"EAST, 138.79 FEET ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12;THENCE NORTH 87°30'01"WEST, 148.62 FEET;THENCE NORTH A DISTANCE OF 49.76 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE WEST WITH A CENTRAL ANGLE OF 57°01'13",ALONG A 50.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 26°00'38"WEST,47.73 FEET:THENCE NORTHWEST A DISTANCE OF 27.75 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE NORTHEAST WITH A CENTRAL ANGLE OF 28°54'44",ALONG A 55.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 40°03'52"WEST,27.46 FEET;THENCE NORTH 25°36'30"WEST,77.49 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY:THENCE SOUTH 89°36'46"EAST,219.91 FEET ALONG SAID LINE TO THE POINT OF BEGINNING,CONTAINING 24,914 SQUARE FEET OR 0.57 ACRES MORE OR LESS. COE EASEMENT AREAS: SEC.122--83 24 0.22 ACRES TRAIL EASEMENT FND"X"IN CONC, 0.35 ACRES DRAINAGE EASEMENT k 0.57 ACRES TOTAL EASEMENT ---- I"W —{--' NW CORNER NE NW 1/4 NW 114 EAST LINCOLN WAY NW 1/4 NW CORNER 4 POC SEC 12-83-24 SEC 12-83-24 FND,GIN SPIKE N 89°36'46"W 2600.92' - - ('. -- - - — -- - N 89°36'-46"W 1300.46' S.ROW LINE E LINCOLN WAY POB S 00°16'45"E 60.00' P w i R,w S 89°36'46"E 219.91' N 25°36'30"W C1 °�.' 77.49' N S 170 05'56"W =28°54'44" 1 ' 25.OD' w R=55.00' C2 cry v� rT A L=27.75' io N U T=14AV 1� 1 ll.N -�� CHB=N 40°03'52"W I S 02°29'59"W o w 0 50 100 yti� CH=27.46' 80.50' U)-� FEET J =57°01'13" N 870 30'01"W 148.62' 'n "ore M rs sr+r.Mvn r ee R=50.00' SEr'WL e° s�'�a.na+enr ea. I_=49.76• o CONSTRUCTION IS COWI TED EAST LINE C =N 26°00'38"W HB6' TRAIL NW1/4 NW1/4 H6 LOCATION SEC 12-83-24 LEGEND _. __...... ------- _ ___ _ SE CORNER `� ♦ FOUND SECTION CORNER MONUMENT NW 1/4 NW 1/4 SET SECTION CORNER MONUMENT SEC 12-83 24 FOUND MONUMENT CURVE TABLE O SET 58"REROD W[YELLOW CAP#189W(UNLESS NOTED) CURVE I LENGTH RADIUS CHD. LENGTH CHD BEARING DELTA TAN I.R. IRON REROD C 1 I 239.39' 1,476.5' 239,l2' S85°30'32"W 09°17'22" 119.96' I.P. IRON PIPE C2 1 29.10' 1 523.5' 29.LO' S73°54'24"W 3°11'07" 14.56' G.P. GAS PIPE (M) MEASURED DIMENSION I hereby certify that this land surveying document was prepared (R) RECORDED DIMENSION 00 1-AND 3� and the related Survey work was performed by me or under my direct — - — SECTION LINE ��0 AL personal supervision and that I am a duly licensed Land Surveyor under --w— RIGHT-OF-WAY LINE U ALBERT �� the laws of the Slate of to O - - - EASEMENT LINE JEREMY W WOC WITH ORANGE CAP SOUKUP Lys=L�- f�Ey 'r.`�------- ''`�'� 18900 A17 PT J MY -,—OUKUP, L-S. / DATF WYC WITH YELLOW CAP License Number: 1d900 PO$ POINT OF BEGINNING /OWE* My license renewal dcte s JECLMBEF? 31, 2015. F'�-es or shear is covered by-this Seel; I SURVEY FOR: CITY OF AMES * Fath 515 CLARK AVE. SHEET AMES,IA 50010 1 OF 1 Foth Intnustructure&Environment,LLC 8191 Blrchvwwd Court,Sult"L Johnston.IA 50131-2931 FOTH PROJECT NO. 09AO06-00 DATE: 6/16/2015 FR me:515-254-1393 Fax:515.254-16/2 Prepared by Jeremy Soukup, 8191 Birchwood Court, Suite L, Johnston, IA 50313 Phone: 515-254-1393 TEMPORARY EASEMENT EXHIBIT"A" TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF AMES SKUNK RIVER RECREATIONAL TRAIL PROPERTY OWNER: PROJECT NO.:JL-0155(670)-7R-85 DIANE M.SCHULTE PARCEL 5 2925 DEAN AVENUE ODEBOLT,IOWA 51458 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE FIFTH PRINCIPAL MERIDIAN,NOW IN AND FORMING A PART OF THE CITY OF AMES,STORY COUNTY,IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12,THENCE SOUTH 00°16'45"EAST,60.00 FEET;THENCE NORTH 89'36'46"WEST,219.90 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY TO THE POINT OF BEGINNING;THENCE SOUTH 25' 36'30"EAST,77.49 FEET;THENCE SOUTHEAST A DISTANCE OF 27.75 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE NORTHEAST WITH A CENTRAL ANGLE OF 28"54'44",ALONG A 55.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 40°03'52"EAST,27.46 FEET;THENCE SOUTHEAST A DISTANCE OF 49.76 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE SOUTHWEST WITH A CENTRAL ANGLE OF 57'01'13",ALONG A 50.00 FOOT RADIUS WITH A CHORD THAT BEARS SOUTH 26°00'38"EAST,47.73 FEET;THENCE NORTH 87'30'01"WEST, 20.00 FEET;THENCE NORTH A DISTANCE OF 29.86 FEET ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE WEST WITH A CENTRAL ANGLE OF 57'01'13',ALONG A 30.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 26- 00'38"WEST,28.64 FEET;THENCE NORTHWEST A DISTANCE OF 37.85 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE NORTHEAST WITH A CENTRAL ANGLE OF 28"54'44',ALONG A 75.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 40'03'52"WEST,37.45 FEET-,THENCE NORTH 25'36'30"WEST, 11.49 FEET;THENCE NORTHWEST A DISTANCE OF 55.85 FEET ALONG THE ARC OF A TANGENT CURVE CONCAVE SOUTHWEST WITH A CENTRAL ANGLE OF 64'00'16",ALONG A 50.00 FOOT RADIUS WITH A CHORD THAT BEARS NORTH 57'36,38" WEST,53.00 FEET;THENCE NORTH 89°36'46'WEST.100.00 FEET:THENCE NORTH 00'23'14"EAST,40.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF EAST LINCOLN WAY:THENCE SOUTH 89'36'46"EAST,133.99 FEET ALONG THE SOUTH RIGHT-OF-WAY OF EAST LINCOLN WAY TO THE POINT OF BEGINNING,CONTAINING 8,126 SQUARE FEET OR 0.19 ACRES MORE OR LESS. 1 - NW CORNER NE CORNER NW SEC 114 NW 12-83-244 EAST LINCOLN WAY NW 1/4 -8 1/4 POC F SEC 12-83 24 ND.GIN SPIKE N 89°36'46"W 1300.46 S.ROW LINE- POB E LINCOLN WAY S 000 16'45"E S 890 36'46"E 60.00, 133.99' N 89'36'46"W 219.9Y w1w ---- ----- __ __ __ - ww -- -- - I N 000 23'14"E S 25°36 30"E lj 40.00' C5 77.49 N 89'36'46"W 'Cl Ik �3 100.00, C N 2511.49'0'1 W C4 C2 in N pj .. C3 N I w in LEGEND N 87°30'01"W - 20.00' ♦ FOUND SECTION CORNER MONUMENT $ © SET SECTION CORNER MONUMENT 1n FOUND MONUMENT Q SET%-REROD WIYELLOW CAP#18900(UNLESS NOTED) I.R. IRON REROD I.P. IRON PIPE N G.P. GAS PIPE L (M) MEASURED DIMENSION v_ 6 (R) RECORDED DIMENSION i CURVE TABLE - - -- SECTION LINE -R"+- RIGHT-OF-WAY LINE 0 so 100 CURVE LENGTH RADIUS CHD. LENGTH n2�"E DELTA TAN Cl 27.75' 55.00' 27.46' 28'54.44" 14.18EASEMENT LINEC2 49.76' 50.00' 47.73' 57°01'13" 27.16' WOC WITH ORANGE CAP FEET C3 _29.86' 30.00' 28.64' W 57*01'13" 16.30'ram.uorIUM, rs sWYC WITH YELLOW CAP C�STRIiC�T10N13C1FF{1 Ga 37.85' 7500' 37.45' W 26°54'44" t9.34' POB POINT OF BEGINNING CS 55.85' S0.00' S3.00' W 64°00'16" 31.25' SURVEY FOR: CITY OF AMES * Foth SHEET 515 CLALARK AVE. 1 OF 1 AMES,IA 50010 Foth Infrastructure&Environment,LLC 8191 Birchwood Court.Suite L Johnston,IA 50131-2931 FOTH PROJECT NO. 09AO06-00 DATE: 6/16/2015 Phone:515.254.1393 Fox:515-2,54-1642