HomeMy WebLinkAboutA008 - Easement Grant dated October 21, 1999 - Instrument No. 99-14585 9- 14585
INST.NO.
STORY COUNTY IOWA
FILEIJ FOR RECORD
RETURN To: OCT 2 8 1999
PM
EASTGAGE DEVELOPMENT INC SUSAN L,VAN M Ras®Pdor
26772 US � 69 MINI
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AMES IA 50010
Instrument prepared by:
Jacques D. Schira,P.C.,218 Sixth Avenue, Suite 502,Des Moines,Iowa 50309;(515)282-8201
EASEMENT GRANT
KNOW ALL PERSONS BY THESE PRESENTS that EASTGATE DEVELOPMENT,
INC., an Iowa corporation, its successors and assigns does hereby grant the CITY OF AMES,
IOWA,the perpetual right to the following described easements:
A. General Utility Easement. Eastgate Development,Inc. grants to the City of Ames, Iowa,the
right to construct, reconstruct, maintain and use its electric lines, consisting of poles, wires,
overhead of underground cables, fixtures, anchors and other similar equipment, or any part
thereof,upon, underground, over or across the following described real estate, all within the
Eastgate subdivision, Ames, Iowa:
Lot No. Address Easement
1 2010 Philadelphia Street The North 10 Feet and South 10 Feet
2 2026 Philadelphia Street The North 10 Feet and South 10 Feet
3 2114 Philadelphia Street The North 10 Feet and East 10 Feet and
South 10 Feet
4 2208 Philadelphia Street The South 10 Feet and West 10 Feet
and North 10 Feet
5 2222 Philadelphia Street The North 10 Feet and South 10 Feet
6 2230 Philadelphia Street The Northwest 10 Feet
7 1404 Boston Avenue The West 10 Feet and North 10 Feet
8 1428 Boston Avenue The South 10 Feet and West 10 Feet
9 1506 Boston Avenue The West 10 Feet
10 1514 Boston Avenue The West 10 Feet
1
11 1522 Boston Avenue The West 10 Feet
12 1519 Baltimore Drive The East 10 Feet and South 10 Feet
or 1517 Boston Avenue
13 1511 Baltimore Drive The South 10 Feet
14 1509 Baltimore Drive The South 10 Feet and the West 10 Feet
15 1425 Baltimore Drive The East 10 Feet and the West 10 Feet
16 1415 Baltimore Drive The East 10 Feet and the West 10 Feet
17 1405 Baltimore Drive The East 10 Feet, the South 10 Feet and
the West 10 Feet
18 2111 Philadelphia Street The West 10 Feet and South 10 Feet
or 1406 Baltimore Drive
19 2117 Philadelphia Street The South 10 Feet
20 2211 Philadelphia Street The South 10 Feet and East 10 Feet
or 1407 Boston Avenue
21 1518 Baltimore Drive The East 10 Feet and North 10 Feet
or 1429 Boston Avenue
22 1510 Baltimore Drive The North 10 Feet
23 1502 Baltimore Drive The North 10 Feet and West 10 Feet
or 1420 Baltimore Drive
Eastgate Development, Inc. further grants to the City of Ames, Iowa,the right to permit
telecommunications or other electric utility companies to construct and, in the same manner,
maintain its electric or telecommunication facilities,jointly or severally upon, underground, over or
across the real estate as described above.
B. Storm Sewer and Surface Drainage Easement. Eastgate Development, Inc. further grants to
the City of Ames, Iowa,the right to use the following described real estate as part of its
storm sewer and surface drainage system over,under and across the following described real
estate all within the Eastgate Subdivision, Ames, Iowa:
Surface water Flowage Easements
Lot No. Address Easement
2 2026 Philadelphia Street The East 10 Feet
2 v
99 14585 ��`
3 2114 Philadelphia Street The West 10 Feet
11 1522 Boston Avenue The North 20 Feet
18 2111 Philadelphia Street The West 20 Feet
or 1406 Baltimore Drive
23 1502 Baltimore Drive The West 20 Feet
or 1420 Baltimore Drive
Storm Water Detention Easements
Lot No. Address Easement
5 2222 Philadelphia Street The East 331.03 feet of the South
151.46 feet of Lot 5 in Eastgate
Subdivision of Ames, Story County,
Iowa, containing 1.01 acres.
14 1509 Baltimore Drive Beginning at the Southwest Corner of
Lot 14 in Eastgate Subdivision of
Ames, Story County, Iowa; thence
NOW 20'34" E, 70.00 feet along the
west line of said Lot 14; thence S89°
41'03"E, 180.00 feet; thence S71°
37'35"E, 247.06 feet to a point on the
northwesterly right of way of Baltimore
Drive and the beginning of the curve;
thence westerly and southwesterly,
172.37 feet along said right of way and
said curve having a radius of 140.00
feet, concave to the southeast, and a
central angle of 70' 32'35" and being
subtended by a chord which bears S55°
02'40"W, 161.69 feet; thence N70°
13'38"W, 300.05 feet to the point of
beginning, containing 0.88 acres.
18 2111 Philadelphia Street Beginning at the Southwest Corner of
or 1406 Baltimore Drive Lot 18 in Eastgate Subdivision of
Ames, Story County, Iowa;thence N00°
20'34"E, 150.00 feet along the west line
of said Lot 18;thence S44° 51'13"E,
211.40 feet to a point on the south line
of said Lot 18; thence N89° 57'00"W,
14 5 8 5
150.00 feet to the point of beginning,
containing 0.26 acres.
Storm Sewer Easements
Lot No. Address Easement
2 2026 Philadelphia Street The East 20 Feet
3 2114 Philadelphia Street The South 20 Feet
4 2208 Philadelphia Street The South 20 Feet
5 2222 Philadelphia Street The South 20 Feet
5 2222 Philadelphia Street The Northeast 10 Feet
6 2230 Philadelphia Street The Southwest 10 Feet
8 1428 Boston Avenue The East 10 Feet
9 1506 Boston Avenue The East 10 Feet
10 1514 Boston Avenue The East 10 Feet
11 1522 Boston Avenue The East 10 Feet
14 1509 Baltimore Drive Beginning at the Northeast Corner of
Lot 15 of Eastgate Subdivision of
Ames, Iowa; thence N00°20'34"E,
84.94 feet; thence S89°41'03"E, 84.14
feet to a point on the northwesterly right
of way line of Baltimore Drive and a
curve concave to the southeast having a
radius of 140.00 feet, a central angle of
50°34'08" and being subtended by a
chord which bears S45°03'26'W,
119.59 feet; thence westerly,
southwesterly, and southerly, 123.56
feet along said curve to a point of
beginning, containing 0.06 acres.
18 2111 Philadelphia Street The West 40Feet of the South 40 Feet
or 1406 Baltimore Drive of Lot 18
4 �9 - 14 (4)-
5 � 5
C. Gas Utility Easements. Eastgate Development, Inc. grants to the City of Ames, Iowa, the
right to permit a gas utility to construct and maintain gas utility facilities upon, underground,
over or across the following described real estate, all within the Eastgate subdivision,Ames,
Iowa:
Lot No. Address Easement
11 1522 Boston Avenue The South 10 Feet of North 30 Feet
11 1522 Boston Avenue The East 20 Feet of South 20 Feet of
North 40 Feet
D. Sanitary Sewer Easements. Eastgate Development, Inc. grants to the City of Ames, Iowa,the
right to construct, operate, and maintain its sanitary sewer lines, conduits, and facilities
upon, underground, over or across the following described real estate, all within the Eastgate
subdivision,Ames, Iowa:
Lot No. Address Easement
14 1509 Baltimore Drive The West 10 Feet
15 1425 Baltimore Drive The West 10 Feet
16 1415 Baltimore Drive The West 10 Feet
17 1405 Baltimore Drive The West 10 Feet
E. Public Bicycle Path Easements. Eastgate Development, Inc. further grants to the City of
Ames, Iowa,the right to construct, reconstruct, maintain and use the following described
real estate all within the Eastgate subdivision, Ames, Iowa as part of its public bicycle path
network:
Lot No. Address Easement
6 2230 Philadelphia Street The East 10 Feet
7 1404 Boston Avenue The East 10 Feet
8 1428 Boston Avenue The East 10 Feet
9 1506 Boston Avenue The East 10 Feet
10 1514 Boston Avenue The East 10 Feet
11 1522 Boston Avenue The East 10 Feet
5 99- 14585 5
all within the Eastgate Subdivision,Ames, Iowa.
F. General Terms and Conditions. Eastgate Development, Inc., its successors and assigns, shall
not:
1. Erect any structures over or within the easement area without obtaining the
prior written approval of the City.
2. Erect or cause to be placed on the easement area any structure, material
device,thing or matter which could possibly obstruct or impede the normal
flow of surface water over the easement area without obtaining the prior
written approval of the City.
3. Change grade, elevation or contour of any part of the easement area without
obtaining the prior written approval of the City.
G. The City of Ames, Iowa shall have the right of access to the easement areas granted in this
Easement Grant together with rights of ingress and egress reasonably necessary to the use
and enjoyment of the easement area for the purposes described, including, but not limited to:
1. The right to remove any unauthorized obstructions or structures placed or
erected on the easement area, and
2. The right to improve,repair and maintain the easement area.
H. The foregoing rights are granted upon the express condition that the users of the granted
rights will assume liability for all damage to the hereinbefore described real estate and
adjoining real estate caused by the failure to use due care in the exercise of the granted
rights.
Dated this,9 s� day of 1999.
EASTGATE DEVELOPMENT,INC.
By , T&,,��
Steve T. Davis, President
(THE ABOVE INDIVIDUALS CONSTITUTE
ALL OF THE SHAREHOLDERS OF EASTGATE
DEVELOPMENT, INC.)
STATE OF IOWA )
ss:
6 �9- 14585
COUNTY OF
On this ,�,/�-C day of ��d�,�I� 1999, before me,the undersigned,
a Notary Public in and for said county,personally appeared Steve T. Davis, who is known to me
personally, who,being by me duly sworn, did state that he is the sole shareholder of said Eastgate
Development, Inc., an Iowa corporation, and that said instrument was signed on behalf of the said
Eastgate Development, Inc.,by authority of its shareholders and that said Steve T. Davis
acknowledges the execution of said instrument to be the voluntary act and deed of said Eastgate
Development, Inc., by it and by him voluntarily executed.
J
Notary Public in and for the e of Iowa
KEVIN HENNING
a
MY COMMISSION EXPIRES
`rows June 3,2000
99- 14585