HomeMy WebLinkAbout~Master - Easement for Shared Use Path from Fore Windsor Pointe Apartments - North 15' of Lot 1 and Lot 2, South Fork Subdivision, First Addition R
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Instrument p: 2020-01170
02/06/2020 03:21:38 PM Total Pages: 5
EASE EASEMENTS
Recording Fee: $ 27.00
Stacie Herridge, Recorder, Story County Iowa
■III W111 F;rdK1+M&11AIVill wul116Y1
SPACE ABOVE RESERVED FOR OFFICIAL USE
Legal descri tion:See e
Return document to:City Clerk,515 Clads Avenue Ames IA 50010 e
Document prepared by:Carolyn Sunman,9001 Hickman Road,Ste.100,Urbandale IA 50322—515-382-1699'
EASEMENT
GRANTOR: FORE WINDSOR POINTE APARTMENTS LTD PTRSHP
GRANTEE: CITY OF AMES
EASEMENT FOR SHARED USE PATH
KNOW ALL PERSONS:
Fore Windsor Pointe Apartments Limited Partnership, an Iowa Limited
Partnership, (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 through, over, under, and across the following
described real estate as depicted on the Temporary Easement Drawings 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 One(1)and Two(2) 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.
f
` • 2 •
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 18 day of fiOVe,mb64- , 2019
FORE WINDSOR POINTE APARTMENTS LIMITED PARTNERSHIP
By FOrGINinl�SOr��irftu.c� inCreneral �irtY�r'
By: RIUjprd ForC. By:
Title: it ftlaf C116> YYlO77CW Title:
SELLER'S ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
STATE OF INDIVIDUAL
)SS CORPORATE
COUNTY OF ) Title(s)of Corporate Officer(s):
On this /V� day of tiQkAgk�W , A.D. 20 (�, before
me, the under,p)ped, a Public in and for said State, personally Corporate Seal is Affixed
appeared I� No t � �r e. 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
proved to me on the basis of satisfactory evidence CONSERVATOR(s)
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 ame(s)of per, (s)or entityL(ies):
signature(s) on the instrument the person(s), or the entity upon behalf �! `L A a 4 fvr- A.S 1 I S
of w ich the person(s)acted,executed the instrument.
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(Sign in Ink)
r
t nvA,&auJ-4;; (Print/Type Name)
Notary Public in and for the State of
My Commission Expires NC)ve%4e, 1-6, 26go
SHIRLEY ANN CRAWFORD
Notary Public State of Nevada
No.04-93407-1
My Appt.Exp.November 1a,2020
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' ' . • 3 •
ACCEPTANCE BY CITY
STATE OF IOWA )
) SS
COUNTY OF STORY )
I, ho A City dlAyvvs of the
City of Ames, low a,do hereby certify that the within and foregoing Easement wa my approved
a!!q accepted by the City Council of said City of Ames by Resolution No.&12n,passed on the
day Linslaii
20LO, and this certificate is made pursuant to authority
containedResolutio
Signed this Li day of�u ,201�0 .
City of Ames, Iowa
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