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Home My WebLink About~Master - Recreational Trail Easement at 400 South Dakota S Instrument 0: 2017-02003 03/08/2017 09:03:58 AM Total Pages: 4 ' EASE EASEMENTS Recording Fee: $ 22.00 Stacie Herridge, Recorder, Story County Iowa . . ... ..... . ... _J DO NOT WRITE IN THE SPACE ABOVE THIS I..INE,RESERVED FOR°RECORDER Prepared by:Mark O.Lambert;Ames City Attorney's Office,515 Clark Ave,Ames,Iowa 50010(P6one::515-239=5.146) ,nV� Return recorded document to Ames City Clerk City of Ames 515 Clark Avenue,Ames Iowa 50610 RECREATIONAL TRAIL EASEMENT This Easement;made tliis� day of 2017,by and between THE CITY OF AMES,MARX GREELEY MEDICAL CENTER(hereinafter"Gr ' or"),:and THE,CITY OF AIVIES,IQWA,. {hereinafter called"Grantee"),witnesseth: In consideration of the sum ofone.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 seta 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.,I.N THE CITY OF AMES,STORY COUNTY,IOWA;THE CENTERLINE 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, 10`WA- THENCE N 88034'1.4 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 1901 l'55"W,;A CHORD DISTANCE OF24.44 FEET;THENCE 14 95 FEET ALONG A 37.48'FOOT RADUIS CURVE TO THE RIGHT WITH A CHORD BEARING N 21°55'21-"E,A.CHORD DISTANCE OF 14.85 FEET;THENCE50.37 FEET ALONG A 51.19 FOOT RADUIS CURVE TO. THE LEFT WITH A CHORD BEARING OF N 4M'52" E, A CHORD DISTANCE OF 48.37 FEET; THENCE N 23°30'35" W, A DISTANCE OF 14.61 .FEET; THENCE 45.5Z 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 6050'33"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 ACRES(4390 SY.),MORE OR LESS. i' Y AS DEPICTED ON ATTACHED EXHIBIT The termsixights,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 of 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 structures 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 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 o,.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.EasementBenefit.This Easement shall be for the benefit of Grantee City of Ames,and for use by members of thegeneral 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;heks,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 hereby covenant with the Grantee that{,l)Grantor holds 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 acknowledginent.hereof,shall be construed as in the singular or plural number,>and as masculine or feminine gender,according to the context. I.N. WITNESS WHEREOF,the Grantor and,Grantee have hereunto set their'hand and:seal. GRANTOR GRANTEE CITY OF AMES,MARY GREELEY CITY OF AMES,IOWA MEDICAL CENTER By: By:zad4' n�tl- Brian Dieter,President&CEO Ann H. Campbell;Mayor Attest Q2 N 1�-� Diane R. Voss,City Clerk STATE OF IOWA, STORY COUNTY,ss: On;thisX7 day of 2017,before me,Notary.Public in and for the State ofIowa; personally appeared BRIAN DIETER„tome 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 ofthesaid hospital,by authority of its Board of Trustees and the said B.RIAN 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 ' Commission#770978 My Commission Expires l2 l'"I 1-7 Notary Public in and f the State o:Iowa STATE OF IOWA, STORY COUNTY,ss: On this A day of � ,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 saythat they are the Mayor and the 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. �.� EIDICommission io PETERSEN 16�i /� � �lC�mlaslon Number 800Z53 IC, ow Ion fires Notary Public in and for the State of Iowa EXHIBIT j EASEMENT PLAT EL INDEX LEGEND LOCATION:PARCEL"B':SW 1/4 NW 1/4 SECTION 8,T 83 qi R24 W;OF THE:5TH P.M.,CITY OF AMES E ES.OR:"CITY`OF;AMES ROPRIETOR:CITY OF AMES,MARY GREELEY MED. URVEYOR:MYRON.G.DARINGER URVEYOR COMPANY:CITY OF AMES. [ETURN TO CITY OF AMES',PUBLIC WORKS ENGINEER 515 CLARK AVE.,AMES, IA 50010 '515-239-5276' BOUNDARY DESCRIPTION PARCEL"A" A PART OF PARCEL"B":OFTHE SOUTHWEST QUARTER OF THE NORTHWEST SW COR.PARCEL"A" SW 1/4 NW 1/4 QUARTER OF SECTION 8,TOWNSHIP 83 NORTH,RANGE 24 WEST OF,THE 5 6W:1/4 NW 114 SEC.8 T83N R24W TH P:M:;IN THE CITY OF AMES,STORY COUNTY,IOWA;THE CENTER LINE OF SEC.8 T83N R24W FD.1/2".REBAR W/ A 20 FOOT WIDE PUBLIC ACCESS EASEMENT DESCRIBEDAS FOLLOWS:.. DAMAGED YELLOW CAP BEGINNING AT THE:NORTHWEST CORNER!OFPARCELF,THE'ESTATES OF Sig 169 NVJCOR.LOT.? CROSSING SUBDI THENCE N 88'3414 I E(ASSUMED BEARING)ON THE NORTHLINE D SAID 10820'6"� 169'46(P) SUBDIVISION ALSO BEING ON THE SOUTH LINE OF SAID PARCEL"B",A S, 17 DISTANCE OF 172.06 FEET,TO THE POINT OF BEGINNING:THENCE 25.68 B3 26 IF FEET ALONG A 23:70 FOOT RADUIS CURVE;TO THE RIGHT WITH A CHORD 10'20 BEARING N 19*11'55"W,A:CHORO DISTANCE OF 24.44 FEET;THENCE 14:95 FD.3/4' FEET ALONG A 37,48 FOOT RADUIS CURVE TO THE RIGHT WITH A CHORD co o PIPE' BEARING N 21'55'21"E,A CHORD DISTANCE OF.14.85 FEET;THENCE 50,37 cq FEET ALONG A 51.19 FOOT RADUIS CURVE TO THE LEFT WITH A CHORD BEARING OF N 4'32'52"E;A CHORD DISTANCE OF 48.37'FEETi THENCE N 23'30 35 W,A Oi$TANCE OF 14.61 FEET;:THENCE 45.52 FEET ALONG A 1 O 70.37.FOOT RADUIS CURVE TO THE.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 SECTIONS,TOWNSHIP 81NORTH,RANGE 24 WEST OFTHE 5 TH P.M.,IN THE CITY OF AMES,STORY COUNTY,IOWA. THE DESCRIBED EASEMENT CONTAINS 0:10 ACRES(4390 S.F.)„MORE OR N 23°30'35" 7 LESS. 14.61' OWNER:CITY OF AMES,MARYGREELEY MEDICAL CENTER PARCEL"B" NW CDR.PARCEL F SW.1/4 NW 1/4 THE ESTATES OF NATURES CROSSING'SUBDIVISION SEC.8 T83N R24W NE CDR.LOT B PD.112"REBAR W1 YELLOW LEGEND CAP#17535 Cryry THE ESTATES OF NATURE'S CROSSING SUBDIVISION lib MONUMENT FOUND. FD.1/2°REBAR W1 YELLOW MONUMENT SET N 88'34'14"E ` CAP#17535 IRON RAIL 172.06' u. N.88°34 14 E POWER POLE: 6 ' EXISTINGZASEMENTS i ` -- 1 308.77{ )308:51'(P)P.O:B. POINT OF BEGINNING P,O.S. 5 6 (M) MEASURED TRCEL E 2 RAI ZCEL F 3 4 (P) PLATTED TH ESTATES OF,NAT RE'S.CROSSING SUB IVISION I OURVE TANGENT LENGHT'"RADUIS DELTA CHORD CHORD BEARING CC1 14.26' 25.68' 23:70' 62'05'09" 24.44' N19°11'S5"W I C2 7.68' 14.96' 37;48' 22'61'35" 14.86' N21'55'21'E C3 27AT 50.37' 81.19' 66'22'63" 48.36, N043752"E C4 23,56' 45.52' 70.V' 37'03'51" 44,73' N06'37'04"W NOTE:ALL BEARINGS ARE ASSUMED. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS C�1O PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED Q i BY MEOR UNDER W DIRECT PERSONAL SUPERVISION AND THAT Vt('INITY SKFTf^.H + ermoND ��`3 IAMAOULYucENSED ALLAHosi1RVEYDRUNGEeAT/F STORY COUNTY IOWA CAgINGEfl THE THE ST 1t7NAf fR-24-W DATE t15117 .♦ ✓ ON ODARINCER. .,.:... ....:,.. SCALE I OWN PRINTED tJR TYPED NAME Z , ORAYJN ... MYUCENSE RENEWAL EIS DECEME3ER i,7017 - MD -LPAGES OR SHEETS.COVERED BYTHIS SEu: .,,.:... ...;.,. GRAPHIC SCALE: flat)SOUK.. o m j SHEETIOF