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Home My WebLink About~Master - Public Utilities Easement Reservation at Lot 27, Baker Subdivision Instrument p: 40..—"..`.' tal pages 04/15/2024 10:29:24 AM To 6 EASE EASEMENTS $ 32 00 Recording Fee: Recorder Story County Iowa Stacie Herridge, SPACEis IM ABOVE RESERVED FOR OFFICIAL USE Legal description: See pages 4-7 Return document to: City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by: Mark O.Lambert,City ofAmes Legal Department,515 ClarkAve,Ames,IA 50010—515-239-5146 EASEMENT RESERVATION(PUBLIC UTILITIES-LOT 27) Know All Persons: The City of Ames, an Iowa municipal corporation, (hereinafter referred to as the "Grantor"), does hereby reserve unto the City of Ames (hereinafter referred to as the "Grantee"),and dedicates to the public and public use, upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area for the uses set forth hereinafter,respectively.The Easement Area includes rights in, over, upon, across, and under the described lands. Additionally, Grantee shall have a perpetual right of ingress and egress between said Easement Area from adjacent public rights- of-way.The Easement Area uses and the legal descriptions,respectively,and described as follows: For the use of common public utility distribution systems including water, sanitary sewer,electricity,natural gas,telecommunications,and such other general utilities as may be distributed under franchise of the City of Ames: The real property shown on Schedule "A" attached hereto and by this reference made a part hereof. For the use of a water main: The real property shown on Schedule "B" attached hereto and by this reference made a part hereof. For the use of a sanitary sewer system: The real property shown on Schedule "C" attached hereto and by this reference made a part hereof. Grantee shall have the right within the Easement Area to construct,reconstruct,cover over,clean up, operate,use,maintain,and repair the systems or improvements described.The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee, if at all, subject to the following terms and conditions: 1 Obstructions Prohibited.Grantor, as the fee simple owners of the underlying real estate,and Grantor' successors and assigns,shall not erect or place within the Easement Area any building or other structure or improvement or any trees, shrubs, or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee. Grantee shall have the right to trim or remove trees and shrubs within the Easement Area to prevent damage to a permitted improvement of Grantee located within the Easement Area. 2 Restoration.Immediately following construction,reconstruction,or repair work by the Grantee within the Easement Area, weather and season permitting, ground area with previously existing grass cover that is disturbed by such work shall be planted with grass seed in accordance with customary methods of soil preparation and planting by the Grantee. 3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive.This instrument shall not preclude Grantor from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 4 Successors and Assigns. The easement rights provided herein shall be binding upon successors and assigns of both Grantee and Grantor. 5 Authority. Grantor holds the Easement Area by title in fee simple; Grantor has and lawful authority to reserve the easement rights herein provided for;and the Easement Area is free and clear of all liens and encumbrances. 6 Interpretation.Words and phrases used in this instrument shall be construed as in the single or plural number, and as masculine, feminine,or neuter gender,according to the context.This instrument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. In Witness Whereof the undersigned has executed this instrument: Passed and approved on l I'l / 1 2024,by Resolution No.24--m adopted by the City Council of the City of Ames,Iowa. CITY OF AMES,IOWA By: r John A.Aiailal Mayor x Attest: t Renee all,City Clerk S tiTE 6F IOWA,COUNTY OF STORY,SS.: cy This instrument was acknowledged before me on i^1 r-I l 2024,by John A. Hails.and Renee Hall,as Mayor and City Clerk,respectively,of the Ciq of Ames, Iowa. NOAWPUB C JERAIW NEEFUS i offaft ftnber 845946 Yy O71w11YNwr Expire G 2 ACKNOWLEDGEMENT AND CONSENT As an owner of an interest in certain real property benefitted by the Easement Area, the owner thereof acknowledges and the easement described in the foregoing and hereby consents thereto. TOWNHOMES AT CREEKSIDE,LLLP, an Iowa limited liability limited partnership, By: TOWNHOMES AT CREEKSIDE,GP,LLC, an Iowa limited liability company, its General Partner Dated 2024. By: h � /1� ^1 Michael Kie an, anagmg Member STATE OF IOWA,COUNTY OF POLK,SS.: This instrument was acknowledged before me on Art;(( ?-4- 2024, by Michael Kiernan, as Managing Member of Townhomes at Creekside, GP, LLC, the General Partner of Townhomes at Creekside, LLLP. NOTAe VUBLIC PollRYAN P GALLOWAY ,:Commission Number 786376 My Can Fxpine is aoac 3 EXHIBIT'01' -- EASEMENT EXHIBIT 5 BRUou7Lory � L SUSOMSION Y1 S77'S3'35'E _ aa LOTS � J t BARER \"\T .04 T.(aa SUBDIMSION I EXISTING 10'P.U.E. N72'W54E LOTE7R v '; `"sfi 2*S4w POC SIIBDMSION MOST NORTHEASTERLY CORNER OF LOT 27 i BAKER SUBDMSION 552.43'20"E LOT 11426' �. BAKER 7{ •, SUBDMbtON N52.43xOMW 115.71Y # LOT 5 II'. LOT 27 �: ! BAKER BAKER SUSOMSION SW'00'00'E ` SUBDMSION SDG NOO'00'00'E .' 7128 y LOT 4 •If'. BAKER SUBSIONOw S m f N _ N45'0851'E uJ _ .. 86.76 N, LOT SWOV61'.W BAKER 701.or SUBDIVISION N4W51'G0'W •. u .-. 410.00, LOT ' t P BAKER S ; SUBDMSION LOT I . BAKER i SUBDMSION LOT AMES MIDDLE SCHOOL 2003 PLAT 2 - LEGAL DESCRIPTIONS'. BEING A PART OF LOT 27.BAKER SUBDIVISION,AN OFFICIAL PLAT,INCLUDED IN AND FORMING A PART OF THE CITY OF AMES.STORY COUNTY,IOWA,DESCRIBED AS FOLLOWS: :.. ,kg ; COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 27;THENCE N77°5T35'W,ALONG THE NORTHERN LINE OF SAID LOT 27.A DISTANCE OF 194.18 NORTH FEET,THENCE S12°30'54"W,10.00 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING S12°3(Y54"W,68.52 FEET;THENCE S52°43'20'E,114.26 FEET;THENCE SOO°00'DO"E,80.50 FEET;THENCE S46'08'51"W,101,02 FEET,THENCE N43°51'09'W, ` 10.00 FEET;THENCE N46"OB'51°E,98.76 FEET;THENCE N00°00'00'E,71.28 FEET; """'(IN'FEET) THENCE N52°43'20'M!,115.70 FEET;THENCE N12°3954"E,74.85 FEET;THENCE S77°53'35'E,10.00 FEET TO THE POINT OF BEGINNING. - LEQEND DESCRIBED AREA CONTAINS 3614 SQUARE FEET AND IS SUBJECT TO EASEMENTS ---- sEcnwm,E : AND RESTRICTIONS OF RECORD. -`EIbFIIENT �:PATA r I � P.U.E.EASEMENT - ENS o KSH '7 aas EE w,Pwe Hfl's+�++e EXHi81T BUEmm cmv.F MCC LU I2 E" AMES,IOWA PS WR € STORY COUNTV SKETCH NO zoz3Do14s1 EXH 01 mGkmo INee Goner. avl2rmxa ..... ..:: _ EASEMENT EXHIBIT EXHIBR'ox PA)ILAREA 1 NOR=O.0;AREA2 AST STEMDRLY - W CORNER OF LOT 27 1 BAKER SUBOMSION L 12,93 R 1825P _ OUTLOTY BAKER SUBDIVISION W CND=S66.12'14'E f CHO L 1257 p LOT P�2A BAKER p1 SUBDMSIONIIC 4su 11'iTE� S00.0508'W 79.19 T. k0e'S9'4S'N( , S89.5745T 389 59'45 E ur LOT7 �� AREA1 ~ BAKER SUBDMSION ' ROZ AREA 2 N76 2338-W > SOD'0075W 15.43' 350y .NWW35f "�SY -500'00'00'E 5445310'W 37.fiR :15.36 LOT 2021 BAKER -,N44.53'10'E SUBOMSION pR 2020' N77'3633NV LOT BAKER h' j SUB13IMSION LOT 27 I BARER SUBDIVISION—Iw 0 L LOT Fo BAKER 1y O m a' : SUBOMSION j T.f O N4556'49W . p 77• AR LB KTER 41W f �58'154N2i0.1Qi- '13.76' ( SUSOMSION .NDD*W21W t • °` - SB@'S9:t`,iE299.9,4 .'; 48.93' 3. r-.+: :• -. • i. S45.5V49'E S445B41'E - Irliv L36, '::.:N45.0D'14W' LOT 2 1,23' 88959'20'W BAKER ' SW'00'21"E S89'59'2UW 3.28 SUBDIVISIONI i 48. , s- S450P1a`E:: j LOT �- -. -'BL25 BAKER SUBDMSION : 0 LOT AMES MIDDLE SCHOOL 2003 PLAT 2 1 : t LEGEND — a�aEnxWe._. .�17 i �_ —`tI NOWWEWE NORTH 0 30 ao (IN�. � .NifAi 11nch S L -SHEET:UIMZ" 1 u%^ ....... WATER EASEMENT pTS �KSH '^ sss sEaw Rma RCHsrora .EXHIBIT "MOR w wa M°C L U R E" bl' I AMES IOWA Wil STORY COUNTY - ercs7cxn0, 't 2023001451 _,.,.EXH-02 1081dn9 Eves betla 071f212024 .. .. ................ ...... ... EXHIB[T'03' EASEMENT EXHIBIT C-.0 OUTLOT Y BAKERSUBDINSION 770 LOTS BAKER SUBDIVISION z LOT 7 N12WSO-E BA 25.00' KER SUBDIVISION MOST NORTHEASTERLY CORNER OF LOT 27, BAKERSUBDIV[SION W*OVCO'E LOT 6 w PlO.Bk BAKER 1B SUBDIMSION 800-OQDM 25,00' LOT 5 BAKER SUBDIVISION LOT 27 BAKER SUBDIVISION 1 .4 2 LOT 4 BAKER SUBDIVISION N90-00W 133b BAKER LOTS 2!5,w SUBDIVISION 9000 isam LOT 2 BAKER SUBDIVISION LOT I - BAKE3R. SUBDIVISION LOT 2 AMES MIDDLE SCHOOL 2003 PLAT 2 LEGAL DESCRIPTION: BEING A PART OF LOT 27''BAKER SUBDPASION,AN OFFICIAL PLAT,INCLUDED IN AND FORMING A PART OF THE CITY OF AMES,STORY COUNTY,IOWA,DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 27;THENCE SOO-09`06-12,ALONG THE EASTERN LANE OF SAID LOT 27,A DISTANCE OF 81.31 FEET NORTH TO THE POINT OF BEGINNING;THENCE CONTINUING SCO*09'06"E,ALONG THE EASTERN LINE OF SAID LOT 27 A DISTANCE OF 25.60 FEET:THENCE 1490'OnD-K A 0 ;D 60 DISTANCE OF 82.36 FEET:THENCE S00'00'00"E,136.50 FEET;THENCE N90'00'00'W, 158.89 FEET,THENCE N00"00-00-E A DISTANCE OF 25.00 FEET:THENCE N90"OV00'E, (IN FEET) 133.89 FEET;THENCE N00*01)'00"E,135.35 FEET;THENCE N77'3'r02'W,159.46 FEET: I�-60 fL THENCE NI 2*2258'E A DISTANCE OF 25.00 FEET;THENCE S77*37'02"E,189,57 FEET LIE— THENCE SOO-COTO-E,18.98 FEET,THENCE NBO-00-00-E,82.30 FEET TO THE POINT OF LEGEND BEGINNING. DESCRIBED AREA CONTAINS 14.153 SQUARE FEET AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. . . ........ BOG SANrrAYEA,9 TS EXHIBIT KBHBy � mcC LURF M2 03M024 AMES,IOWA STORYCOUNTY axelex ma Idng lim bellw. 2023MI451