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Home My WebLink About~Master - Easement for Storm Sewer and Shared Use Path - Oakwood Road Church Instrument 0: 2018-00371 01/15/2018 01:49:39 PM Total Pages: 5 EASE EASEMENTS Recording Fee: $ 27.00 Stacie Herridge, Recorder, Story County Iowa 1111 V1 MKI 906L ki'i WN11,N.TH 11111 SPACE ABOVE RESERVED FOR OFFICIAL U S E Return document to:City Clerk,515 C1arkAvenue,Ames IA 50010 Document prepared by:VictoriaA.Feilmeyer.City ofAmes Legal Department,515 ClarkAve.,Ames,IA 50010—515-239-5146 EASEMENT FOR STORM SEWER AND SHARED USE PATH KNOW ALL PERSONS: OAKWOOD ROAD CHURCH, an Iowa Nonprofit Corporation(hereinafter"Grantor")for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does hereby grant, sell, and convey unto the CITY OF AMES, IOWA, an Iowa municipal corporation, (hereinafter"City"): A. A permanent easement for storm sewer purposes through, over, under, and across the following described real estate as depicted in Exhibit `A' attached hereto, and legally described as: A portion of Parcel `A' in the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 16, Township 83 North, Range 24 West of the 5t' P.M., Iowa, as shown on the Plat of Survey filed in the office of the Recorder of Story County, Iowa, on December 17, 1990, in Book 9, Page 215, described as: Commencing at the Southeast Corner of said Parcel `A'; thence 168.5 feet West along the South line of said Parcel `A'; thence North 4.3 feet; thence Eastnortheasterly114.5 feet; thence Northeasterly 101 feet; thence South 115.8 feet;to the point of beginning;AND B. A permanent easement for shared use path purposes through, over,under and across the following described real estate as depicted in Exhibit `B' attached hereto, and legally described as: The North 60 feet of Parcel `A' in the Southwest Quarter (SW1/4) of the Southeast Quarter(SE1/4) of Section 16, Township 83 North,Range 24 West of the 5d,P.M., Iowa, as shown on the Plat of Survey filed in the office of the Recorder of Story County, Iowa, on December 17, 1990, in Book 9,Page 215. The foregoing rights are granted by the Grantors and shall be accepted and exercised by the Grantee subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. The Grantors, as the fee simple owners of the underlying real estate, and the Grantors' successors and assigns, shall not erect or r , Z place within the Easement Area any building or other structure or improvement or any trees, shrubs or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee. The Grantee shall have the right to trim or remove trees and shrubs within the Easement Area to prevent damage to a utility service line of the Grantee located within the Easement Area. The Grantee shall have a right of ingress and egress to the Easement Area for the purpose of maintaining the Easement area. 2. SEEDING. Immediately following construction, reconstruction, or repair work by the Grantee within the Easement Area in such areas as are not paved, weather and season permitting, ground area with previously existing grass cover that is disturbed by such work shall be planted with grass seed in accordance with customary methods of soil preparation and planting by the Grantee. 3. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantors from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 4. TITLE WARRANTY. The Grantors warrant to the Grantee that the Grantors hold the Easement Area by title in fee simple; that the Grantors have good and lawful authority to grant the easement rights herein provided for; and that the Easement Area is free and clear of all liens and encumbrances. 5. INTERPRETATION. Words and phrases used in this instrument shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This instrument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. IN WITNESS WHEREOF the undersigned has executed this instrument on OCT S /O /,` ,, 2017. OAKWOOD ROAD CHURCH eith Cook,President on Johnson,Treasur . STATE OF IOWA,COUNTY OF STORY, SS.: This instrument was acknowledged before me on Qc-62S Q� S 12017, b Kei h Co ident and Treasurer,respectively, of Oakwood Road Chur =�"�"` NANCY REED Notarial Seal-IO ]2019 1°w^ Commission No.7970 My Commission Expires July 07 NOTARY P BLIC 3 Accepted: CITY OF A ES,I WA Dated 10 1- 2017. By: Corey M lie ,Director PERMANENT STORM SEWER EASEMENT PLAT 0 CITY OF AMES, IO �� a aI� ERING DIVISION N DATE: OWNER: OAKWOOD ROAD CHURCH 2400 OAKWOOD RD AMES, IA 50014-8417 NO SCALE OAKWOOD D 2400 PARCEL'A' LL ^O un ih v POINT OF BEGINNING PERMANENT STORM SEWER EASEMENT FROM:OAKWOOD ROAD CHURCH A PORTION OF PARCEL W IN THE SW 1/4 SE 1/4 SECTION 16 T83N R24W IN THE CITY OF AMES,STORY COUNTY, IOWA,IN THE 5TH P.M.,DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL'A';THENCE 168.5'WEST ALONG THE SOUTH LINE OF SAID PARCEL'A';THENCE NORTH 4.3;THENCE EASTNORTHEASTERLY 114.5';THENCE NORTHEASTERLY 101';THENCE SOUTH 115.8';TO THE POINT OF BEGINNING. 09-16480-105 PERMANENT SHARED USE PATH EASEMENT PLAT 0 CITY OF AMES, IOWA ENGINEERING DIVISION N DATE: OWNER: OAKWOOD ROAD CHURCH 2400 OAKWOOD ROAD AMES, IA 50014-8417 NO SCALE LL — — OAKWOOD RD I? 506.8' �t 2400 I I o � m U I I N I I I I N O I I � I I N NI " to BOLBCALE R N eoI I I 2409 2403 231` -- 2507 2329 2323 2317 —�\ — — — — —SUNCREST DR_ PERMANENT SHARED USE PATH EASEMENT FROM:OAKWOOD ROAD CHURCH THE NORTH 60'OF PARCEL W OF THE SW 1/4 OF THE SE 1/4 SECTION 16 T83N R24W IN THE CITY OF AMES, STORY COUNTY, IOWA, IN THE 5TH P.M. 09-16-480-105