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Home My WebLink About~Master - Sidewalk Easement from Western Independent LLC Instrument p: 2024-00296 01/16/2024 12'55:54 PM Total Pages: 8 EASE EASEMENTSRecord 42.00 Stacie He ng Fee: g rridge, Recorder, Story County Iowa mill W& I10 Will VIJ1W V M1K1910111III SIDEWALK EASEMENT Recorder's Cover Sheet PreparerInformation: Michelle Wagner Ebben, Esq. Michael Best & Friedrich LLP 790 N. Water St., Suite 2500 Milwaukee, WI 53202 Phone: (414) 261-6560//" 1 Return Document to: City of Ames, Iowa Attn: City Clerk/Treasurer 515 Clark Ave. Ames, IA 50010 Grantor: WESTERN INDEPENDENT, LLC, an Iowa limited liability company Grantee: City of Ames, Iowa Legal Description: See Exhibits A and B. SIDEWALK EASEMENT THIS SIDEWALK EASEMENT ("Easement") dated the = day of = c .-' 2023 ("Effective Date") is given by WESTERN INDEPENDENT, LLC, an Iowa limited liability company ("Grantor"), to the CITY OF AMES, IOWA ("Grantee"). RECITALS WHEREAS, Grantor is the owner of certain real property located in the City of Ames, Story County, Iowa, legally described on Exhibit A, attached hereto and incorporated herein ("Grantor Property"); WHEREAS, pursuant to Chapter 22 of the City of Ames Municipal Code ("Code") a sidewalk is required to be installed at the time of completion of a building on the Grantor's Property; WHEREAS, City Council of Ames, Iowa approved Resolution No. 23-246, which laid out the requirements for the deferral of installation of a sidewalk ("Sidewalk") along Teller Avenue; and WHEREAS, Grantor desires to grant a ten (10) foot wide perpetual, nonexclusive easement over, under, across, through, and upon the Grantor Property, as legally described and depicted on Exhibit B, attached hereto and incorporated herein ("Sidewalk Easement Area") for the installation of the Sidewalk, subject to the terms and conditions of this Easement. EASEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor agrees as follows: 1. Recitals. The above-referenced Recitals are hereby incorporated herein by reference. 2. Grant of Easement. Grantor hereby gives, grants to the Grantee, a ten (10) foot wide perpetual nonexclusive easement over, under, across, through, and upon the Sidewalk Easement Area for general public pedestrian ingress and egress over and upon the Sidewalk Easement Area. 3. Installation of Sidewalk. Grantor shall install a Sidewalk within the Sidewalk Easement Area pursuant to the terms and conditions set forth in the Code. 4. Maintenance Repair and Replacement of the Sidewalk Easement Area. Grantor shall, at Grantor's sole cost and expense, maintain the Sidewalk Easement Area in good condition and repair including cleaning, snow, and ice removal, resurfacing, replacing, maintaining, and providing proper drainage therefrom, the surface of such Sidewalk in the Sidewalk Easement. Notwithstanding the foregoing stated maintenance responsibilities, Grantor shall be subject to all provisions and penalties of the Ames Municipal Code governing sidewalks, and nothing herein shall constitute a waiver of the City's right to enforce relevant the Code. 5. Consent to Entry and Use. Grantor reserves to itself the right to make any use of the Sidewalk Easement Area which will not unreasonably disturb such Sidewalk or prevent ingress or egress thereto for the purpose of operation, use, maintenance, repair, and reconstruction thereof. Construction of buildings, walls, fencing or permanent structures of any kind within the Sidewalk Easement Area is prohibited except that, notwithstanding the above, the parties specifically agree and acknowledge that driveways, walkways, surface parking, paved vehicular drive aisles, and other paved areas, whether existing now or to be constructed in the future, may be installed, maintained, repaired, and replaced on or within the Sidewalk Easement Area. 6. No Waiver. No waiver of, acquiescence in, or consent to any default in any term, covenant or condition of this Easement shall be construed as or constitute a waiver of, acquiescence in, or consent to any other, further, or succeeding default in the same or any other term, covenant, or condition. 7. Covenants Running with the Property' Binding Effect. All the terms of this Easement, including the benefits and burdens, shall run with the Property, and shall be binding upon and inure to the benefit of and be enforceable by Grantor and Grantee and their respective successors and/or assigns. 8. Governing Law. This Easement shall be governed by the laws of the State of Iowa. Any suit, proceeding, or other action arising out of or related to this Easement shall be commenced and maintained only in a court of competent jurisdiction in the state court located in Story County, Iowa or federal court located in Polk County, Iowa. 9. Counterparts. This Easement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall be deemed one and the same document. 10. Severability. All provisions of this Easement are deemed severable, and if any one or more provision is deemed unenforceable for any reason, the remaining provisions shall remain in full force and effect. 11. Other Easements. Nothing contained in this Easement shall prevent Grantor from granting an easement or easements to any other governmental unit, public body, utility company or other third party within the Sidewalk Easement Area, without the Grantee's prior approval, so long as such easement or easements does not substantially interfere, diminish, or materially reduce the Grantee's use of the Sidewalk Easement Area as provided herein. [SIGNATURES ON THE FOLLOWING PAGES.] WESTERN INDEPENDENT, LLC, an Iowa limited liability company �J 1 " By: b-- v .--�-- Name: ct'ors a�Y"i Title: G/=0 ACKNOWLEDGEMENT STATE OF 7:Y-7L- ) ss COUNTY OF A-Lh ) j r *foregoing instrument was acknowledged before me this �t day of e``' 5023, by the C-f-U of Western Independent, LLC, an Iowa limited liability company. WITNESS my hand and official seal. Name: Notary Public, State of ��— Official Seat 1J Amanda Emerick My commission expires: 3�6sa�pupiic State of Ininois ^ti -Trnmisssiionn Expires 01/27/2024 Accepted by: CITY OF AMES, IOWA, By: f� Name: Title: ACKNOWLEDGEMENT �a£ STATE OF IOWA ss COUNTY OF STORY ) The foregoing instrument was acknowledged before me this _bay of VeCendg[2023, by lbhn A. NaR1a the M of the City of Ames, Iowa. U WITNESS my hand and official seal. Nam ry c, State of Iowa cu�`r M.wnTsoN My commission expires: 01-i3E24 EXHIBIT A GRANTOR LAND LEGAL DESCRIPTION The Northwest Quarter (NW 1/4) of Section Nine (9), Township Eighty-Three (83) North, Range Twenty-Three (23) West of the 5th P.M., Ames, Story County, Iowa, EXCEPT commencing at the NW Corner of Sec. 9-T83N-R23W of the 5th P.M., Ames, Story County, Iowa running thence East 25 rods, thence South 32 rods, thence West 25 rods, thence North 32 rods to the point of beginning and also except legally established highways. PINS: 10-09-100-120, 10-09-100-200, 10-09-100-300, and 10-01-100-400 EXHIBIT B LEGAL DESCRIPTION OF SIDEWALK EASEMENT AREA A 10.00 foot wide easement over and across a portion of the Northwest Quarter of Section 09, Township 83 North, Range 23 West of the 5th P.M., Story County, Iowa, described as Commencing at the Northwest Corner of the Northwest Quarter of said Section 09; thence S00°06'26"E along the west line of the Northwest Quarter of said Section 09, a distance of 528.00 feet; thence S89050'41"E, a distance of 45.00 feet to the East Right of Way line of S. Teller Avenue as it is presently established, and to the point of beginning, thence continuing S89°50'41"E, a distance of 10.00 feet; thence S00006'26"E, a distance of 1152.85 feet; thence S18°33'59"E, a distance of 31.59 feet; thence S00°30'32"E, a distance of 157.88 feet; thence N89°50'41"W, a distance of 10.00 feet to the East Right of Way line of said S. Teller Avenue, thence N00°30'32"W along said Right of Way line, a distance of 156.18 feet; thence N18033'59"W along said Right of Way line, a distance of 31.63 feet; thence N00006'26"W along said Right of Way line, a distance of 1154.52 feet to the Point of Beginning. 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