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Home My WebLink About~Master - Easement for Shared Use Path from Jeffrey Braland, North 15' of Lot 3 South Fork Subdivision, First Addition � R " Instrument #: 2020-0117Tota1 Pages: 5 02/06/2020 03:21:38 PM EASE EASEMENTS 27 00 Iowa Recording Fee: aecorder, Story County 0-r- ' Stacie Herri�� mill %% W �O1 SPACE ABOVE RESERVED FOR OFFICIAL USE Legal description•See page Return document to:City Clerk,515 Clads Avenue,Ames IA 50010 Document prepared byDocument prepared by:Caro�Surman,9001 Hickman Road,Ste. 100,Urbandale IA 50322—515-382-16989001 Hickman Road,Ste.100,Urbandale IA 50322—515-382-1698 EASEMENT GRANTOR: JEFFREY L BRALAND GRANTEE: CITY OF AMES EASEMENT FOR SHARED USE PATH KNOW ALL PERSONS: Jeffrey L. Braland, a P single person, (hereinafter "Grantor") for good and valuable g 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 through, over, under, and across the following described real estate as depicted on the Temporary Easement Drawing attached hereto. B. A permanent easement through, over,under and across the following described real estate as depicted in Exhibit `A' attached hereto,and legally described as: The North Fifteen feet (15.00') of Lot 3 South Fork Subdivision, First Addition to the City of Ames,Iowa. This Easement is granted 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. 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. Signed this day of (l)VT'►3ta., 2019 GR4NTORS effrey L. Braland SELLER'S ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF INDIVIDUAL )SS CORPORATE COUNTY OF ) Title(s)of Corporate Officer(s): On this day of 1 V_CVVt./�G+� , A.D. 20A, before me, the undersigned, a Notary Public in and for said State, personally Corporate Seal is Affixed appeared No Corporate Seal Procured PARTNER(s): Limited Partnership General Partnership ATTORNEY-IN-FACT to me personally known EXECUTOR(s)or TRUSTEE(s) GUARDIAN(s)or or CONSERVATOR(s) proved to me on the basis of satisfactory evidence OTHER to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same SIGNER IS REPRESENTING: in his/her/their authorized capacity(ies), and that by his/her/their List name(s)of person(s)or entity(ies): signature(s) on the instrument the person(s), or the entity upon behalf of which e p rso s) ted,e ted the instrument. l, (Sign in Ink) `f ( Qerr' (Print/Type Name) Notary Public in and for the State of TV vie, My Commission ExpiresT i -11' PHIL SPORRER ,f ' Commission Number 756444 My Commission Expires January 7,2021 F 3 ACCEPTANCE BY CITY STATE OF IOWA ) ) SS COUNTY OF STORY ) �Jowa, D V l n Q H a , City dT V-of the City of do hereby certify that the within and foregoing Easement was duly approved anq accepted by the City Council of said City of Ames by Resolution No.X-0 1 b,passed on the day of A , 2010 and this certificate is made pursuant to authority contained in esolution. Signed this day of 'u L ,200. . City of Ames, Iowa Nt g: qk ?'4 wr 6 EXHIBIT A EASEMENT DRAWING PART OF LOT 3, SOUTH FORK SUBDIVISION, FIRST ADDITION TO AMES, STORY COUNTY, IOWA PREPARED BY: ANDREW J. SMITH, WHKS & CO., 1412 6th ST. SW, MASON CITY, IA 50401 (641) 423-8271 PROJECT: 2018/19 Shared Use Path System Expansion Project; Ames, Iowa PARCEL NO.: 1 OWNER: Jeffrey L. Braland �,a9 ��D�ffdeoff/ �Doo� Fd' Hurd Lincoln Way. LLC �Ith � Renar N88'45'56"W 114.89' — ,�Q� (115.04')i� Reear s 1 I—C1400 j- - - - - - - - Ex. 10' Utility Easement o I 0� I I l o 0 QN� I N I I i I Ig �y` y z I I I I z Ex. 5' Utility Easement I SS i I� tJ��tn I d f7ebair�ifh ab2 I N89'41'20"E 114.76' F q I Hsien Tau Liu & n�� Hsia Un Sung D Al o o��6odo�po� Is 6 EASEMENT DESCRIPTION A Permanent Easement for a shared use path described as the North Fifteen feet (15.00') of Lot 3 South Fork Subdivision, First Addition to Ames, Iowa. Containing 1,723 square feet more or less. N HORIZ. 1'=30' I hereby certify that this land surveying document was prepared and �p .�LiA the related survey work was performed by me or under my direct 15 0 15 30 �O,•• '• S, personal supervision and that I am a duly licensed Land Surveyor under ':rl_�o the lawrt of the State of Iowa. NDREW J.; DATE SURVEYED 07-22-2019 m o• SMITH c SCALE: AS SHOWN 14233 828 Andrew/er mith Date PROJECT : 8AJS ••%�W P• DRAWN BY: AJS License nu4233 Sheets covered by this seal: 1 of 1 CHECKED BY: AJS Seal My license renewol date is December 31, 2021 SHEET 1 of 1 LEGEND E NEW PERMANENT EASEMENT AREA ( ) RECORD MEASUREMENT (P.O.C.) POINT OF COMMENCEMENT ® SET PK NAIL (P.O.B.) POINT OF BEGINNING CALCULATED POSITION, NO® RIGHT—OF—WAY ROW LINE MONUMENT SET (ROW) engineers+planners+land surveyors . FOUND MONUMENT AS NOTED — ' ' — EXISTING LOT LINE — — — — EXISTING EASEMENT LINE