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Home My WebLink AboutA001 - Resolution No. 17-04 adopted February 27, 2017 Instrument 0: 2017-02002 s 03/08/2017 09:03:58 AM Total Pages: 4 • 00 OTHER z Recording Fee: $ 22.00 Stacie Herridge, Recorder, Story County Iowa ®Ill F9 kRC IL111MIA W W MEN 11111 DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared b Mark 0.Lambert,Ames City Attorney's Office,515 Clark Ave.,Ames,IA 50010(Phone: 515-239-5146) I2eturn,to- City of Ames Leg&W)a�par#raea4 515 Clark Ave.,Ames,IA 50010 Resolution No. 17-04 Resolution for Recreational Trail Easement at 400 South Dakota,Ames,Iowa This Easement, made this 2711 day of February, 2017, by and between THE CITY OF AMES, MARY GREELEY MEDICAL CENTER(hereinafter"Grantor"), and THE CITY OF AMES, IOWA, (hereinafter call "Grantee"),witnesseth: In consideration of the sum of one dollar and other valuable consideration to the Grantor,the receipt of which is hereby acknowledged, and in further consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth,Grantor hereby grants and conveys unto the Grantee, its successors and assigns, a perpetual interest and easement to the extent hereinafter set forth with respect to the land of the Grantor described as follows: A PART OF PARCEL"B"OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5 TH P.M.,IN THE CITY OF AMES,STORY COUNTY,IOWA;THE CENTER LINE OF A 20 FOOT WIDE PUBLIC ACCESS EASEMENT DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL F, THE ESTATES OF NATURE'S CROSSING SUBDIVISION,CITY OF AMES,STORY COUNTY,IOWA; THENCE N 88-34114"E(ASSUMED BEARING).ON THE NORTH LINE OF SAID SUBDIVISION ALSO BEING ON THE SOUTH LINE OF SAID PARCEL "B", A DISTANCE OF 172.06 FEET TO THE POINT OF BEGINNING:THENCE 25.68 FEET ALONG A 23.70 FOOT RADUIS CURVE TO THE RIGHT WITH A CHORD BEARING N 19011'55"W,A CHORD DISTANCE OF 24.44 FEET;THENCE 14.95 FEET ALONG A 37.48 FOOT RADUIS CURVE TO TIIE RIGHT WITH A CHORD BEARING N 21-55121"E,A CHORD DISTANCE OF 14.85 FEET;THENCE 50.37 FEET ALONG A 51.19 FOOT RADUIS CURVE TO THE LEFT WITH A CHORD BEARING OF N 4032'52" E, A CHORD DISTANCE OF 48.37 FEET; THENCE N 23030'35" W, A DISTANCE OF 14.61 FEET;THENCE 45.52 FEET ALONG A 70.37 FOOT RADUIS CURVE TO THE RIGHT WITH A CHORD BEARING N 6037'04" W, A CHORD DISTANCE OF 44.73 FEET;THENCE N 6150133"E,A DISTANCE OF 71.80 FEET, ENDING ON THE BOUNDARY LINE OF SAID PARCEL`B"AND PARCEL"A"OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5 TH P.M., IN THE CITY OF AMES,STORY COUNTY,IOWA, THE DESCRIBED EASEMENT CONTAINS 0.10 ACRES(4390 S.F.),MORE OR LESS. AS DEPICTED ON ATTACHED EXHIBIT The terms, rights, privileges, conditions, and restrictions of the Easement hereby granted are as follows: 1. Erection and Placement of Structures Prohibited. Grantor shall not, and shall not allow any other person or entity,to erect any residence,garage, building,fence, billboard, advertisement,or other permanent or temporary structure or encumbrance, under, over,on,through, across,or within the Perpetual Easement Area. Grantee shall be allowed to place such signage within the Perpetual Easement Area as it determines to be necessary. 2. Change of Grade Prohibited. Grantor shall not change the grade elevation or contour any part of the Perpetual Easement Area. 3. Right of Access. The Grantee shall have the right of access to the Perpetual Easement Area,and have all rights of ingress and egress necessary for the use and enjoyment of the Perpetual Easement Area as herein described, including, but not limited to the right to remove any unauthorized structure under,over,on,through, across or within the Perpetual Easement Area. The Grantee shall have the right to allow the public to use the easement area for its stated purpose as a recreation trail and to deny to the public use of the easement area for its stated purpose as a recreational trail and to deny to the public use of the easement area if Grantee, in its sole discretion, determines such is necessary or convenient. 4. Maintenance and Removal of Vegetation: Grantee shall have the right to maintain the recreational trail and the land adjacent to the trail within the easement area including, but not limited to, repair or replacement of the trail or surface material, mowing, removal of weeds and other vegetation, and other types of maintenance. Grantee shall be authorized to undertake removal, destruction and cutting of any trees,shrubs or vegetation including trimming and pruning, as Grantee finds necessary to keep and maintain clearance of the shared use path and sufficient additional clear space above or on either side of the shared use path; and Grantee shall be permitted such incidental removal, destruction or cutting of trees, shrubs, and vegetation as may accompany any reconstruction, repair or other maintenance of the path surface. Grantee covenants to restore any area outside the easement area to its prior condition if damaged during repair, replacement or maintenance of trail. 5. Easement Benefit. This Easement shall be for the benefit of Grantee City of Ames, and for use by members of the general public, but rights hereunder may be exercised only by the Grantee and/or its designated agents. 6. 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 Grantor,the duties, obligations and liabilities of Grantor hereunder shall pass to such heirs, successors or assigns, and Grantor shall have no further duties, obligations or liabilities hereunder. 7. Warranties. Grantor does not hereby covenant with the Grantee the (1) Grantor hold the Easement Area by title in fee simple,subject only to easements and restrictions of record; and (2) Grantor has good and lawful authority to convey the same. 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. • . IN WITNESS WHEREOF,the Grantor and Grantee have hereunto set their hand and seal. GRANTOR GRANTEE CITY OF AMES, MARY GREELEY MEDICAL CITY OF AMES, IOWA CENTER ' &M By. `/ By:/2" I ' Brian R. Dieter, President&CEO Ann H. Campbell, Mayor Attest Diane R.Voss,City Clerk STATE OF IOWA,STORY COUNTY, ss: On this 271h day of February, 2017, before me, Notary Public in and for the State of Iowa, personally appeared BRIAN.R. DIETER,to me personally known,who being by me duly sworn did say that he is President and CEO of Mary Greeley Medical Center and that said instrument was signed on behalf of the said hospital by authority of its Board of Trustees and the said BRIAN R. DIETER acknowledged the execution of said instrument to be the voluntary act and deed of such hospital,and voluntarily executed. MICHELE GILLESPIE Notarial Seal-Iowa CommISSlan#r 770978 Notary Public in and for a State of I a iss My Commission Expires dt3 7 STATE OF IOWA,STORY COUNTY, ss: On this 27th day of February, 2017, before me, Notary Public in and for the State of Iowa, personally appeared ANN H. CAMPBELL and DIANE R.VOSS,to me personally known,who being by me duly sworn did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa and that ANN H. CAMPBELL and DIANE R.VOSS as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. M#�# NmEm"0'81R;PETERSEN �_9,s0 Number800253 Notary Public in and for the State of Iowa 7 p1Explres EASEMENT PLAT EXWISIT INDEX LEGEND LOCATION:PARCEL"B"SW 114 NW 114 SECTION 8,T 83 ,R 24 W. OF THE 5TH P.M.,CITY OF AMES rEQUESTOR:CITY OF AMES CITY OF AMES,MARY GREELEY MED. YRON G, DARINGER OMPANY:CITY OF AMES ITY OF AMES;PUBLIC WORKS ENGINEER 515 CLARK AVE.,AMES, IA 50010 515-239=5276 .BOUNDARY DESCRIPTION PARCEL'A" APART:OFPARCEL"B".OFTHE:SOUTHWEST QUARTER OFTHENORTHWEST SWCOR PARCEL*A" SW1/4NW 114 QUARTER OF SECTION S,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5 SW 114 NW 114 SEC.8 T83N R24W TH P.M_IN THE CITY OF AMES,STORY COUNTY,IOWA:THE CENTER LINE OF SEC.8 R24W FD,112°REB REBAR W/ A 20 FOOT WIDE PUBLIC ACCESS EASEMENT DESCRIBED AS FOLLOWS: DAMAGED YELLOW CAP BEGINNING AT THE:NORTHWESTCORNER OF PARCEL F,THE ESTATES OFNATURE'S CROS ,CITY OF. S)go 1) 16g 4 NW CDR.LOT THENCE N 88'34S14G E(ASSUM DNBEARING)ONETHENORTH UNEOFORYOSAIDI }oo•20 6"S 0(R4)169:46Yp) SUBDIVISION ALSO BEING ON THE SOUTH UNE:OF.SAID PARCEL"B",A _ S 7S'17, DISTANCE OF 172.06 FEET-TO THE POINT OF BEGINNING:THENCE 25.68 26•IF% 63,20` FEET ALONG A.23:70 FOOT RADUIS CURVE TO THE RIGHT WITH A CHORD UJ 10' BEARING N 19'11'55"W,A CHORD DISTANCE OF.24A4 FEET;THENCE 24.95 FEETALONG A 37,48 FOOT RADUIS CURVE TO THE RIGHT WITH A CHORD PIPE BEARING N 21'55'21"E,A CHORD DISTANCE OF 14.85 FEET;THENCE 50.37 FEET ALONG A51:19 FOOT RADUIS CURVE TO THE LEFT WITH A CHORD co BEARING Of N 4'32'S2"E,A CHORD DISTANCE OF 49.37 FEET;THENCE N Z 23-30'35-W;A DISTANCE OF 14.61 FEET;THENCE 45.52 FEET ALONG A 10' 70.37 FOOT RADUIS CURVE TO RIGHT WITH A CHORD BEARING N 6-37'04"W,A CHORD DISTANCE OF'44.73 FEET,THENCE N 6.50'33"E,A DISTANCE OF 71.80 FEET,ENDING ON THE BOUNDARY LINE.OF SAID PARCEL "B"AND PARCEL"A"OF SAID.SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5 TH:P.M.,IN THE CITY.OF AMES,STORY COUNTY,IOWA. THE DESCRIBED EASEMENT CONTAINS 0.10 ACRES14390:S.F.);MORE OR N 231 30'35" 7 LESS. 14.61' OWNER:CITY OF AMES,MARY GREELEY MEDICAL CENTER PARCEL"B" NW COR.PARCEL F SW 114 NW 1/4 THE ESTATES OF NATURES CROSSING SUBDIVISION SEC.8 T83N R24W NE coR:LOT s FD.1fY REBAR'W/YELLOW LEGEND CAP#17535 THE ESTATES OF NATURE'S CROSSING'SUBDIVISION Q9 MONUMENT FOUND FD.1/2'REBAR W/YELLOW MONUMENT SET N 88°34'14"E CAP#17535 � •ry I IRON RAIL 172.06' N 881 34'14"E POWER POLE 36. —-- EXISTING EASEMENTS .,..... 308.77'( ).308:51'(P) ............5 6 P.O.B. POINTOF BEGINNING P.O.B. (M) MEASURED P RCEL E 1 2 PARCEL F 3 4 (P) PLATTED THE ESTATES OF NAT RE'S CROSSING SUB ]VISION ( CURVE TANGENT LENGHT RADUIS DELTA CHORD CHORD BEARING Cl 14.26' 25,68' 23.70' 62'0609' 24,44' N18'11'56"W C2 7,68' 14.96' 37.48' 22'51'35" 14185' N21'5671'E C3 27AT 50.37' 51.19' 56'22'63" 48.36' N04"32'62'E C4 23,59' 45,62' 70.37' 37"03'51" 44.73' NOS'37'04"W NOTE:ALL BEARINGS ARE ASSUMED, 1 HERESY CERTIFY THAT T20S LAND SURVEYIND DOCUMENT VIA$ PRE'PAREO AND THE RELATED SURVEY WORN WAS PERFORMED Qe6At r. BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT \lIf:IN1TY AKFTrH {AMADULYMCEN$EO U LNDSURVEYORUNOER STORY COUNTY IOWA hI MRIROER 1 THE' THES .{OWi}.•' R-24_W DATE / / 1J0717 DATE SCALE Z ONODARINGER Sp• w....�'' PRINTED OR TYPED-NAME Z••i - MY LICENSE RENEWAL JS DECEME7�1,201T DRAWN 1 .DMD R PAGES OR SHEETS GOVEREO BY THIS SEAL: GRAPHIC SCALE FIELD BOOK tl�a� SHEET T OF 1