HomeMy WebLinkAboutA001 - Eugene J. and Jessica A. Elliot Easement i
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Instrument #: 2017-11649
11/17/2017 09:16:11 AM Total Pages: 4
EASE EASEMENTS
Recording Fee: $ 22.00 Story County Iowa
Stacie Herridge, Recorder,
III k�°� h'�rN; tl l�M R MIA h 11111
— SPACE ABOVE RESERVED FOR OFFICIAL USE_
(p,v) R0 m� scum t o:City Clerk,515 C1arkAvenue,Ames IA 50010
Document prepared by:VictoriaA.Feilmeyer.City ofAmes Legal Department,515 C1arkAve.,Ames,IA 50010—515-239-5146
EASEMENT FOR SHARED USE PATH
KNOW ALL PERSONS:
EUGENE J. ELLIOTT and JESSICA A. ELLIOTT, husband and wife, (hereinafter
"Grantor") for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, do hereby grant, sell, and convey unto the CITY OF AMES, IOWA, an Iowa
municipal corporation, (hereinafter"City"):
A. A temporary construction easement for the"2016117 Shared Use Path—Grand Ave., 16'h
Street to Murray Drive Project"through, over, under, and across the following described
real estate as depicted in Exhibit `A' attached hereto, and legally described as:
The North 5 Feet of the East 32 feet; and the South 42 feet of the North 47 feet of the
East 21 feet; and the South 69 feet of the North 116 feet of the East 9 feet; and the South
5 feet of the North 120 feet of the East 25 feet; all in Lot 1, of Block 1,Everts Addition to
the City of Ames, Story County,Iowa, except the South 167 feet thereof; and
B. A permanent easement through, over,under and across the following described real estate
as depicted in Exhibit `B' attached hereto, and legally described as:
The North 27 Feet of the East 10 feet; and the South 93 feet of the North 120 feet of the
East 4 feet of Lot 1 all in Block 1, Everts Addition to the City of Ames, Story County,
Iowa, except the South 167 feet thereof.
This Easement is granted for the purpose of removing sidewalk and driveway aprons and
for the purpose of constructing, reconstructing, repairing, maintaining, replacing a shared use
path, driveway aprons, and appurtenances and for public access to, over, and across said shared
use path thereto. This Easement shall be subject to the following terms and conditions:
1. CHANGE OF GRADE. The City may change the grade, elevation or contour of
any part of the Temporary Easement Area in accordance with the final plans for
construction of said improvements approved by the City of Ames,Iowa.
2
2. RIGHT OF ACCESS. The City shall have the right of access to the Easement Area
and have rights of ingress and egress reasonably necessary for the use, enjoyment and
construction within the Easement Area as herein described.
3. DURATION OF TEMPORARY EASEMENT. The temporary construction
easement is temporary and shall remain in effect until the latter to occur of
completion of construction of the improvements by the City or one year from the date
of this Easement,at which time the temporary construction easement shall terminate.
4. RESTORATION. Subject to the right to change grade, the City shall restore that
part of temporary easement area lying outside of the permanent easement area to
substantially the same condition as existed prior to entry by the City.
5. OBSTRUCTIONS PROHIBITED. Grantor shall not erect or place within the
---permanent easement--area any-structure-or-improvement
plantings.
Grantor does HEREBY COVENANT with the City of Ames that Grantor holds said real
estate described in this Easement by title in fee simple;that Grantor has good and lawful authority
to convey the same; and said Grantor covenants to WARRANT AND DEFEND the said premises
against the lawful claims of all persons whomsoever.
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.
Dated Uh� 1C) 52017.
EU NE J.ELLIOTT ASSICA A.ELLIOTT
STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before
me on (> j ,20175 by Eugene J.Elliott and Jessica A.Elliott.
HEIDI R.PETERSEN
. Commission Number 800253
cw Mysires NOTARY PUBLIC
Accepted: CITY OF AMES,IOWA
Dated OG4 6Ef ,2017. By:
Ma ans .I.
TEMPORARY CONSTRUCTION EASEMENT PLAT
CITY OF AMES, IOWA ENGINEERING DIVISION N
DATE:
OWNER: EUGENE J.&JESSICA A.ELLIOTT
1621 GRAND AVE
AMES,IA 50010-5352 JI
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NO SCALE
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16TH ST
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TEMPORARY CONSTRUCTION EASEMENT EXHIBIT
FROM:EUGENE J&..JESSICA A ELLIOTT
THE NORTH 5'OF THE EAST 32'AND THE
SOUTH 42'OF THE NORTH 47'OF THE EAST 21'AND THE
SOUTH 69'OF THE NORTH 116'OF THE EAST T AND THE
SOUTH 5'OF THE NORTH 120'OF THE EAST 25'.OF
LOT 1 EXCEPT THE SOUTH 167%BLOCK 1.EVERTS ADDITION TO THE CITY OF AMES,
STORY COUNTY,IOWA,.IN THE 5TH P.M.
O10-BQ23-i16
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PERMANENT SHARED USE PATH EASEMENT PLAT 0
CITY OF AMES, IOWA ENGINEERING DIVISION N
DATE:
OWNER: EUGENE J.&JESSICA A.ELLIOTT
1621 GRAND AVE
AMES,IA 50010-5352
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NO SCALE .
707 i lo'
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703-705 '4
16TH ST
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EXHIBIT
PERMANENT SHARED USE PATH EASEMENT
FROM:EUGENE J'&JESSICA A ELLIOTT
i
THE NORTH 27'OF THE EAST WAND THE
SOUTH 9T OF THE NORTH 120'OF THE EAST 4'OF
LOT 1:EXCEPT THE SOUTH 167',BLOCK 1,EVERTS ADDITION TO THE CITY OF AMES,
STORY COUNTY,IOWA,IN THE 5TH P.M.
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