HomeMy WebLinkAbout~Master - Traffic Signal - College Park Addition Instrument 0: 2018-11067
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EASE
Recording Fee' g 22.00
Staci.e11Herridge, Recorder, Story County Iowa
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SPACE ABOVE RESERVED FOR OFFICIAL USE
C.e(�� Retutn document�•City Clerk,515 C{ark Avenue,Ames IA 50010 00 ASS
Document prepared by:VidoriaA.Feilmeyer.City ofAmes Legal Depamrlalt,515 Clark Ave,Ames,IA50010-515-239-5146
Traffic Signal Easement
THIS IS AN EASEMENT given by Grantor under the following terms and conditions:
1 DEFINITIONS. When used in this agreement,unless otherwise required by the context:
i.1 "Agreement"means this instrument as signed by the Grantor.
1.2 "Easement Area"means the tract of land shown on Exhibit "A" attached, and described as follows:
The North io feet of the West 15 Feet of Block 27, College Park Addition Second North to Ames,
Story County, Iowa.
1.3 "Grantee"means the City of Ames,an Iowa municipal corporation.
1.4 "Grantor" means Kenneth G. Trytek and Margaret R. Trytek, husband and wife, of Story County,
Iowa.
z CIRCUMSTANCES. The Grantor owns a parcel of land located at the Southeast corner of the intersection
of & Street and North Hazel Avenue in the City of Ames. The City of Ames has made sidewalk
improvements and installed a traffic signal control system upon the property, and the installation,
operation and maintenance of the Traffic Signal requires that Grantor provides a permanent easement
for the installation,operation and maintenance of the Traffic Signal.
3 EASEMENT CREATED. Within the Easement Area, Grantor grants to the Grantee the perpetual right to
install, operate, use, maintain and repair of a Traffic Signal apparatus, related electric service conduits,
and sidewalk, together with the perpetual right of ingress and egress between said Easement Area and
adjacent public rights-of-way. The fixtures, facilities, lines, poles, and apparatus placed upon or
attached to the premises shall remain the property of the grantee. Grantor gives to Grantee the right at
its sole cost during the period of the easement,to operate,maintain and reconstruct the same.
4 OBSTRUCTIONS PROHIBITED. The Grantors, as the fee simple owners of the underlying real estate, and
the Grantors' successors and assigns, shall not erect or place within the Easement Area any
obstructions.
5 Tnn.E WARRANTY. Grantor warrants to Grantee that Grantor holds the Easement Area by title in fee
simple; that Grantor has good and lawful authority to grant the easement rights herein provided for;
and that any prior Bens or encumbrances on the Easement Area will either be released forthwith or will
be subordinated to the easement rights granted herein by a duly executed and recorded subordination
agreement.
6 SUCCESSORS BOUND. This agreement shall be binding upon and inure to the benefit of the respective
successors and assigns of all parties executing this Agreement.
• 2
7 INTERPRETATION. Words and phrases used in this agreement shall be construed as in the single or
plural number, and as masculine, feminine or neuter gender, according to the context.This agreement
shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The
paragraph headings in this agreement are for convenience only and in no way define or limit the scope
or intent of any provisions of this agreement. This agreement may be executed in any number of
counterparts, each of which shall be regarded as an original and all of which shall constitute but one
and the same instrument.
IN WITNESS OF THIS AGREEMENT Grantor has executed this instrument under date of
-?� 12018.
GRANTOR:
L04-6 /�laso. k, cl
KENNETH G.TRYfEK MARGARET R.TRYTEK
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on D Z — ZC. 2or8, by Kenneth G.
Trytek and Margaret R.Trytek.
G: T
i . NOTARY PU LIC
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Mortgage Subordination
illV(t e �I r°Cfnan c ec', sirzt +1
The mortgage given by Kenneth G.Trytek and Margaret R.Trytek to e—
dated October 17, 2017, and filed October 18, 2017, as Instrument No. 2017-io647, in th as ecessc
office of the Story County Recorder, is hereby subordinated to the foregoing described in interest
electric utility, and traffic signal apparatus in favor of the City of Ames, Iowa. This to First
Subordination is expressly limited to the Easement Area as depicted and described above. American
Bank
as successor in int �esQt[to irst�AmeAri/ctan�Blan/k^
Dated Iv UQ VX zoi8. By:
SI ATU�RE
J NAME PRINTED
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I/ TITLE OFAUTHORILEUSIG R
STATE OF IOWA,COUNTY OF U l K — SS.: !�
This instrum n was acl powledged before mgg on V � V I 2oi8, by
(insert name), as f�SSt_ �� (insert title) of
�M1OYy / l Gj L1 ,15 as successor in interest to First
yUl 1/� 7/LC TIwL i Bank
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NOTARY PUBL
S SHAYNNA FISHER
B Commission Number 789141
dw My Commssion"ires
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EXHIBIT "A" N O
PERMANENT CITY UTILITY EASEMENT PLAT
CITY OF AMES, IOWA ENGINEERING DIVISION
OWNER: KENNETH G.&MARGARET R.TRYTEK
1100 6TH ST.
AMES, IA 50010
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1100 6TI-I ST. 6TH ST.
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PERMANENT CITY UTILITY EASEMENT
FROM:KENNETH G.8 MARGARET R.TRYTEK
i
THE NORTH 10'OF THE WEST 15'OF BLOCK 27,COLLEGE PARK
ADDITION 2ND NORTH TO THE CITY OF AMES,STORY COUNTY,IOWA, IN THE 5TH P.M.
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