Loading...
HomeMy WebLinkAboutA003 - Buena Vista Partners, L.L.C. Easement 7 y Instrument 0: 2017-11651 11/17/2017 09:16:11 AM Total Pages: 5 EASE EASEMENTS Recording Fee: $ 27.00 Stacie Herridge, Recorder, Story County Iowa M W I?Mh 11111 SPACE ABOVE RESERVED FOR OFFICIAL USE (¢n-) 1`Return;doc ment{o:City Clerk,515 Clark Avenue,Ames 1A 50010 Document prepared by:VictoriaA.Feilmeyer.City ofAmes Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146 EASEMENT FOR SHARED USE PATH KNOW ALL PERSONS: BUENA VISTA PARTNERS,L.L.C., an Iowa limited liability company(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., I e 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 25 feet of the East 25 feet; and the South 62 feet of the East 9 feet; all in the North 87 feet of the South 167 feet of Lot 1, Block 1, Everts Addition to Ames, Iowa; 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 East 4 feet of the North 87 feet of the South 167 feet of Lot 1, Block 1, Everts Addition to Ames,Iowa. 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. 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. 2 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 or any trees, shrubs or other landscape 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 U// CH 13 52017. BUENA VISTA PARTNERS,L.L.C. By. By. /4tan&, emUr Colb G.Bryant,Member Jeffr STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on QClrL 13 ,2017,by Jeffrey W.Bryant, as Member of Buena Vista Partners,L.L.C. 4WAi f Jill L. Ripperger iA Commission Number 146549' * # My Commission Expires Iowa NOTARY PUBLI STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on LOCI eA, 13 ,2017,by Colby G.Bryant,as Member of Buena Vista Partners,L.L.C. a�QRIats Jill L. Ripperger Ns Commission Number 146549 My Commission Expires NOTARY PUBLIC iowp 347-48 3 Accepted: CITY OF AMES,IOWA Dated (/G' J� ,2017. By: Mark G en,E.I. TEMPORARY CONSTRUCTION EASEMENT PLAT CITY OF AAMES, IOWA ENGINEERING DIVISION N DATE: OWNER: BUENA VISTA PARTNERS LLC 220 S,RIVERSIDE OR, AMES,IA.54010-6946 NO SCALE 707 MURRAY DR � I Y 16' I. W > ,. l_ I Q � ,ram,_, I' M i r � I � � s 703 705 ! } _ _ I 9' 16TH ST r EXHIBIT TEMPORARY GONSTRUCTION.EASEMENT FROM;BUENA VISTA PARTNERS!LC THE NORTH 26 OF THE EAST 25'AND THE SOUTH 62'OF THE NORTH 87'OF THE EAST 9'OF THE. NORTH 87'OF THE SOUTH.167'OF LOT 1,BLOCK 1,EVERTS ADDITION TO THE CITY OF AMES, STORY COUNTY,IOWA,IN THE 5TH P.M. a�aeo�a-ems F PERMANENT SHARED USE PATH EASEMENT PLAT 0 CITY©FAMES, IOWA ENGINEERING DIVISION N DATE: OWNER: BUENA VISTA PARTNERS LLC 220 S.RIVERSIDE DR. AMES,IA.5001.0-6940 NO SCALE 707 MURRAY DR 4' C k � k GV t � t � t k k w t i p k d m C) d z <t r tL ' � k k K 703 - 705 ' k k 16TH ST m 634 Lo EXHt IT PERMANENT SHARED USE PATH EASEMENT FROM:BUENA VISTA PARTNERS LLC THE EAST 4'OF THE NORTH 87'OF THE SOUTH 167'OF LOT 1,BLOCK 1,EVERTS ADDITION!TO THE CITY OF AMES, STORY COUNTY,IOWA.,IN THE STH P.M.