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Home My WebLink About~Master - Sidewalk Easement Instrument n: 2018-10021 11/05/2018 09:24:27 AM Total Pages: 5 EASE EASEMENTS Recording Fee: $ 27.00 Stacie Herridge, Recorder, Story County Iowa ill h'1?� Jn&1,A1%6«J,JWJ, WJ,IW: DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: PJw40', ("'y Legal Department, City of Ames,515 Clark Ave.,Ames, IA 50010,Phone: (515) 239-5146 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that STUDENT HOUSING OWNER IOWA, LLC, a Delaware limited liability company ("Grantor"), does hereby grant the CITY OF AMES, IOWA ("Grantee"), the perpetual, non-exclusive right to the following described easement: A. Sidewalk Easement. Grantor grants to Grantee, a perpetual, non-exclusive easement for a public sidewalk (the "Sidewalk") to be constructed over and along a strip of land as described on Exhibit A attached hereto (the "Easement Area") for use by the public in accordance with the Grantee's ordinances, rules and regulations governing the use of a sidewalk (the"Easement"), all upon and subject to the terms and conditions set forth below. B. General Terms and Conditions. Grantor, its successors and assigns, shall not erect any structures within the Easement Area that materially and adversely affect Grantee's rights under the Easement. C. Maintenance and Repair. Grantor shall be responsible, at its sole cost and expense, for the maintenance and repair of the Sidewalk in accordance with the standards for sidewalk maintenance and repair as set forth in the municipal code of the City of Ames, Iowa. Grantee shall have the right to remove any unauthorized obstructions or structures placed or erected within the Easement Area. D. Nature of the Easement. The Easement,covenants,conditions, and promises set forth in this Agreement shall be covenants running with the land and shall be binding upon and shall inure to the benefit of Grantor and Grantee and their respective successors and assigns. In the event of a breach by Grantee of any of the terms, covenants, restrictions or conditions hereof, Grantor may pursue any and all rights and remedies which Grantor may have at law or in equity. As used herein, the term"Grantor" shall mean the fee owner(s) of the Easement Area, from time to time. No easements other than the Easement shall be implied by this Agreement, and nothing contained herein shall be construed or deemed as being a gift or dedicating to the general public any portion of the Easement Area. Without limiting the foregoing, no right of way for vehicular traffic or roadway is granted under this Easement, nor are any easements for parking, signage, drainage or utilities granted or implied under this Easement. 1 28415228.5 V , E. Non-Exclusive. Nothing contained in this Easement shall be construed as restricting or prohibiting Grantor or its successors or assigns from (i) granting any additional rights, privileges or easements over the Easement Area to any other person or entity, or (ii) using or allowing the use of the Easement Area or ground below and/or the air space above the Easement Area for any other lawful purpose,provided, that such other uses do not materially impair the rights granted to Grantee hereunder. F. Amendment. This Easement may not be amended except by a writing signed by the parties or their respective successors or assigns. G. Governing Law. This Easement shall be governed and construed in accordance with the laws of the State of Iowa. H. Severability. If any provision of this Easement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Easement shall not be affected thereby and each provision of this Easement shall be valid and enforceable to the fullest extent permitted by law. I. Notices. Any notice, demand, request, consent, approval, designation or other communication made pursuant to this Easement shall be in writing and shall be given or made or communicated by personal delivery, by United States registered or certified mail, return receipt requested, or by prepaid Federal Express or other recognized overnight delivery service addressed to the addresses set forth below. Any party may designate a different address by notice similarly given. If to Grantor: Student Housing Owner Iowa, LLC c/o River Caddis Development, LLC 1038 Trowbridge Road East Lansing, MI 48823 If to Grantee: City of Ames 515 Clark Avenue Ames, IA 50010 J. Permitted Exceptions. The easement hereby conveyed is granted subject to the existing rights, if any, of third persons, including, without limitation, any and all rights of way, easements and licenses, whether of record or unrecorded, heretofore acquired or granted in, over and across the Easement Area. All rights, title and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto,their respective successors and assigns. K. Grantor Warranties. Grantor warrants to Grantee that Grantor owns the Easement Area in fee simple, subject to matters of record and matters that would be disclosed by a survey of the Easement Area, and that the Grantor has good and lawful authority to grant the easement rights herein provided for. 2 28415228.5 Dated this day of �(, 2018. GRANTOR: STUDENT HOUSING OWNER IOWA, LLC, a Delaware limited liability company By: Name: Its: STATE OF ssE ) COUNT,OF A66Y ) This instrument was acknowledged 1 before me on this/� day of Oc6Z'o 4 2018, by EkAw a.Baa.+eA 7x , the Vl ntastdePM of STUDENT HOUSING OWNER IOWA, LLC, a Delaware limited liability company, on behalf of said company. A. CRAwFOR, awr Notary Public _Q; S7A7E Oq eEctt County, $/►lbV TENNESSEE:�= My commission expires: NOTARY MY COMMISSION EXPIRES •.,PUBLIC;' NOVEMBER 8, 2021 3 28415228.5 EXHIBIT A LEGAL DESCRIPTION AND DEPICTION Easement Area Survey Description-Public Sidewalk Easement: Part of Parcel M. as shown on the Plat of Survey filed in Slide 564, Page 3, in the East Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 9. Township 83 North. Range 24 West of the 5th P.M.. City of Ames. - Story County. Iowa. being more particularly described as follows: Beginning at the Southeast Corner of said Parcel M: thence N89.56 40"W. 22.34 feet; thence N00 .04'58"E. 59.58 feet; thence S89054'250E. 2.61 feet; thence N00005'35"E. 32.95 feet; thence N89'54'250W. 2.70 feet: thence N00 '05'35"E. 3. 16 feet; thence S89054'25"E. 5. 12 feet; thence N00 .05'35'E. 25.74 feet; thence N89054'250W. 5.73 feet: thence N00005'35"E. 11.72 feet: thence S89.54'250E. 18.31 feet: thence N00 '05'35"E.. 78.24 feet; thence N89054'250W. 0.22 feet; thence N00 '05'350E. 3.91 feet: thence S89.54'25"E. 0.22 feet; thence N00 '05'35"E. 43.73 feet; thence N89.55'09"W. 125.00 feet: thence S00 '04'Si"W. 2.78 feet; thence N89055'09"W. 65.07 feet; thence N00004'5i"E. 2.28 feet; thence N89055'090W. 107.57 feet; thence S00 '11' i6"W. 26.95 feet: thence S89.46'44"E. 5.72 feet: thence S00911' 16"W. 4.56 feet: thence N89 .48'44"W. 6.09 feet: thence S00 '11' i6"W. 35.65 feet: thence S89048'44"E. 0.49 feet: thence S00 .11' 0014. 10.83 feet: thence N89048'44"W. 0.49 feet; thence S00611' 16"W. 35.68 feet: thence S89'48'44"E. 0.59 feet: thence S00 'ii' !6"W. 4.47 feet: thence N89'48'44"W. 0.30 feet; thence S00 '13' 16"W. 44.98 feet: thence S89837'37"W. 1.25 feet to the west line of said Parcel M; thence N00 '22'23"W. 169.07 feet to the Northwest Corner thereof; thence S89'55'41"E. 303.31 feet to the Northeast Corner thereof; thence S00018' 13"E. 264.50 feet to the point of beginning. 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