HomeMy WebLinkAboutA005 - Floating Ingress/Egress Easement Agreement i
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Instrument.2r12- 00000978
t1 Date:-Jan 30?2012 01•7:W6P
G Rer sae; 20.00 E-C-Dm tee• 1 1_lf l
Aud tee: ,(10 Irons iax.•
Rec Management tee: 1,fji1
Hon-Standard Fage Fee. ,13 i
Filed for record in Store County+ Iowa
`-;Llsun L. Vande Kampr (:ounta ;ef_order
DO NOT WRITE IN THE SPACE ABOVF.THIS LINE,RESERVED FOR RECORDER
Prepared by Jv ✓IC,tacks. Giry oft nes_S15 Clark�Avedue,Am*s,lom,, 50010 Phone:515-239.5146)
R.durn to Amos City Clerk,Box 311,Ames,lei 50010
FLOATING INGRESS/EGRESS EASEMENT AGREEMENT
KNOW ALL'NIEN BY THESE 1'USENM
ec.tlon 1. L2e1tionv That I,!Nancy Bundy,my successors and assigns,do hereby grant, bargain and convey to the City of
Anies, Iowa, a municipal corporation, with the right, privilege and authority to said mutsicipal corporation, the right to
require Onantor', establishment of a 31 foot wide north-skouth ingrcasiogress easement connecting Parccl.AW as shown on
:exhibit A to the South 5h Street fight-of-way, at a future glue according to terms in Section 2, across any portion of the
following described lands in the County of Story, State of lo-wa:
The west 120 feet of Lot 14 of Cayier's Second Addition, taaore or less 0.44 acres
AND
Beginnnhag at the Northwest Corner of Lot 18 Cayier's 2°d Addition, thence East 193.8 feet along the north lot line of
!Jot 18, thence 'North 461.1 feet along the wrest lot line of lots 14, 15, 16, l" of Cayler's tad Addition, thence Vilest
193.8 feet along the South 5 h Street Right of Way, thence South 461.6 feet to the point of beginning, except for the
south 300 feet,more or],-ass 0.72 actes
Total easement agrw.ment area depicted in attached Exhibit A and described above comprises a total of more or less 1.16
acres,
Scctiott° .PtYrposc.This agreement, (a)allows the City to establish an easement connecting Parcel AW to South 5`4 Straeet
due to a stipulation of Iowa. Department of Transportation (IDOT) ffi t 'full access to South Duff Avenue shall not be
allowed without secondar,f access between Parcel AW and South 54' 'Street, (b)does not represent, the actual ingress/wgress
casement arm,but only an agreement to a future easement to be enacted prier to occupancy of a.building on Parcel AW;(c)
authorizes the(miner of Parcel AW to conuneoce construction of a drlvrxay corm.Wcting parcel AW with South 5th Street
though the easement agreement area prior to the actual creation and recordation, of the easement, subject to final City
approval of the driveway details;and(d)is being established due to the Grantor's desire to phase the site development.
eccion 3.Timing&Re-view.
(a.) 'Ilse final ingresslegres5 easement allowed and anticipated under this agrc=cnt shall be reviewed and approvexi by the
City of Ames Planxeistg and Housing Director prior to recordation.
(b)Said easement shall be recorded in the Officc of the'Story County Recorder.
(c) Said easement sball be recorded prior to issuance of final occupancy perr nits for the bolding on Parcel AW.
Section 4, Authorizgd2a to Install Driveway, This agtternent authorizes construetion of the driveway through the
tascmerat agreerneot area to commence prior to the actual creation and recurdation of the easement, subject to .final City
approval of the driveway location and cotnstmction details. The final`asernent location shall reflect the installed location of
the driveway and landscaping associated,with and along the parinseterr of said driveway.
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Grantor,%wants that she has the right to enact such an agreement to the above described premises and that there arc no
encumbrances which will limit or interfere with the rights granted herein to Grantee.
The Grantor,her tenants,heirs, successors and assigns shall have the right to use and enjoy said premises fully,except for
the rights and privileges hereinbefore granted to the Grantee;provided however,that no buildings,structures or
improvements either permanent or temporary in nature shall be installed,nor shall any building permits or site development
plans be approved,nor shall the terrain be altered without prior written consent of Grantee,nor shall any utilities be placed
in,on,through,over or across the easement agreement area without Grantee's prior written consent;that the use of said
premises shall at All times be subject to such acts and uses by Grantee as may be necessary for the purposes herein set forth;
that the terms of the casement agreement area as specified herein shall remain in full force and effect until a permanent
easement is located and established for the specified 31 foot wide ingress/egress through the easement agreement area.
Dated at Ames,Iowa, this E day of -7 ,20�
Steve Osguthorpe,City pf Ames Planning and Housing Director
Nancy Bundy,qr&tor
GRANTOR'S ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
STATE OF
COUNTY OF )ss: X INDIVIDUAL
CORPORATE
On this day of A.D. Title(s)of Corporate Officer(s):
20 , before me, the undersigned, a Notary Public in
and for said State, personally appeared , /
/1!.y��(fC )'' ,C�c�vt.�Y , ,f, .��q ;TtC ES. 49,50}'' Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s): Limited Partnership
to me personally known General Partnership
or proved to me on the basis of satisfactory Attorney-In-Fact
evidence Executor(s)or Trustee(s)
Guardian(s)or Conseivator(s)
to be the person(s) whose name(s) Ware subscribed to Other:
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized SIGNER IS REPRESENTING:
capecity(!es), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of List name(s) of person(s)or entity(ies)
which the person(s) acted, executed the instrument.
(sign in ink)
(prjftna
ame)
Notary Public in and for the State of a(t
(Notary Seal)
I
V' CALIFORNIA ALL-PURPOSE
!
CERTIFICATE OF ACKNOWLEDGMENT
I� State of California
i County of
On A%4 -bt-Aoreme, M- bW&y(C__
Notary Public
! � j (Here insert name)
I i
! personally appeared -Amu Nmh
j who proved to me on the basis of satisfactory evidence to be the person whose name( is/a/e subscribed to
the within instrument and acknowledged to me that OlsheltlVy executed the same in I/s/her/to4ir authorized
icapacity(Vs), and that by l/s/her/tVir signature on the instrument the person, or the entity upon behalf of !
which the person(14 acted, executed the instrument.
1
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph E
is true and correct.
'i
M.SMJANOVIC
WITNESS my hand and official seal. COMM.#1791517
I Abi` NOTARY PUBLIC•CALIFORNIA�
I x RIVERSIDE COUNTY
Commission Expires FEB.18,2012
(Notary Seal) I
r nature of Notary Public
� !I
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
9nv acknowledgment completed in California must contain verbiage exactly as '!
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The mtly exception is if a
document is to be recorded outside of California.In such instances,any alternative j
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capariry of the signer). Please check the
(Title or description of attached document continued)
document carejblly jbr proper notarial wording mrd attach this form ifrequired. I
!
Number of Pages Document Date State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment. !
• Date of notarization must be the date that the signer(s)personally appeared which
! _ must also be the same date the acknowledgment is completed.
f (Additional information) The notary public must print his or her name as it appears within his or her
I commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of I
t
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notarization.
CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
❑ Individual(s) he/she/the}-,-is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
t ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a f
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the oil-ice of
the county clerk.
❑ Attorney-in-Fact Additional information is not required but could help to ensure this
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•• corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
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2008 Version CAPA v12.10.07 800-873-9865 ww%r.NotaryClasses.com 3
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.... � ;.ax*s „ ram,• ram,,, .,,'.
S '5TH ST SEftTH ST
Unplatted,Parcel West 120 ft
0.72 Acres' Lot 14
3
•..
LL
LL
Parcel AW D
(Plat of Survey Instrument No. 2011-00007432) 0
F Exhibit A
Flouting Ingress/Egress
Easement Agreement Agreement Area
N
0 50 100 200
Feet
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