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Home My WebLink AboutA005 - Easement for Ingress and Egress �aT.rro vl� 13G72 STORY COUNTY, IOWA FILED FOR RECORD / F �* DEC 1 7 1997 PSI! Sl.IBAN L�ANDE KA�IP,R«x Re,OfC g Fee$ 110 CO ri ! kdWs Fee S SPACE ABOVE RESERVED FOR RECORDER Oft; INSTRUMENT PREPARED BY: David W.Benson,P.O.Box 270,Ames IA 50010(Tel:515-239-5000) a a EASEMENT FOR INGRESS AND EGRESS THIS IS AN EASEMENT given by Grantor upon the following terms and condi- tions: 1. DEFINITIONS. When used in this instrument, unless otherwise required by the context: (a) "Grantor" means Horne-Ames, LLC, a Tennessee Limited Liability Com- pany- (b) "Easement Area" means the tract of land described on Exhibit "A", at- tached hereto. (c) "Benefited Property" means the real property described as follows: Lots 2 and 3, Horne Subdivision, Ames, Iowa. 2. EASEMENT CREATED. The Grantor hereby grants to those persons having any right, title or interest in the Benefited Property the perpetual right to use the Ease- ment Area for purposes of ingress to and egress from the Benefited Property. 3. EASEMENT APPURTENANT. The easement rights granted under this in- strument shall be appurtenant to Lots 1, 2, and 3 of Horne Subdivision, Ames, Iowa. 4. NONEXCLUSIVE EASEMENT. The easement rights granted under this in- strument 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 for the Benefited Property. 5. SUCCESSORS BOUND. This instrument shall be binding upon and inure to the benefit of the respective successors and assigns of the Grantor and the owners of the Benefited Property. 6. CONSTRUCTION. Words and phrases used in this instrument shall be con- strued as in the single or plural number, and as masculine, feminine or neuter gender, horp.007 - 2 - 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 instru- ment are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. This instrument may be executed in any number of coun- terparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. IN WITNE;Ss WHEREOF Horne-Ames, LLC has caused this instrument to be exe- cuted on this day of December, 1997. HORNE-AMES, LLC By � STATE OF TENN EE, COUNTY OF 4 , SS: On December_�, 1997, before me the undersigned, a Notary Public in and for said state, personally appeared , C ah�� s%; , to me personally known, who, being by me duly sworn, did say that the person is the _ /'I"C ems— of said LIMITED LIABILITY COMPANY executing the foregoing instrument; that NO SEAL has been procured by the said limited liability company; that said instrument was signed on behalf of said limited liability company by authority of its managers and the said,4, acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily execufed,f : Ar: ... Notary P bli MARY ELLEN BURR =. C(J- 13672 a> Horne Subdivision Ames, Iowa Ingress-Egress Easement The West 590. 68 feet of the North 50 . 00 feet of the South 826 .03 feet of Lot 1 in Horne Subdivision, an Official Plat, Ames, Story County, Iowa; AND, The West 24 . 00 feet of the East 52 . 00 feet of the North 365 . 00 feet of the South 826 .03 feet of said Lot 1; AND, The East 28 .00 feet of the North 50 .00 feet of the South 511 . 03 feet of said Lot 1; AND, All that part of said Lot 1 lying West of the South 130 .00 feet of Lot 2 in said Horne Subdivision; AND, A 60 . 00 feet wide portion of said Lot 1 lying West of and adjacent to Lot 3 in said Horne Subdivision; AND, A portion of said Lot 1 lying West of said Lot 2 described as Commencing at a point 98 . 00 feet South and 60 .00 feet West of the Center of Section 14, Township 83 North, Range 24 West of the 5th P.M. , City of Ames, Story County, Iowa; thence, N42137 ' 00"W a distance of 69 .23 feet; 'thence, 589058 ' 18"W along a line parallel with and 47 . 00 feet South of the North Line of the Southwest Quarter of said Section 14, and along the South Right-of-Way lines of Airport Road as it is presently established a distance of 428 .29 feet to the point of Beginning; thence, Southerly along a 25. 93 foot radius curve to the left a distance of 21 . 71 feet said curve having a chord bearing of S24002 ' 08"W and a chord length of 21. 08 feet; thence, Southerly along a 148 . 00 foot radius curve to the right a distance of 46 . 25 feet, said curve having a chord bearing of S09°07 ' 50"W, and a chord length of 46 . 06 feet; thence, Southwesterly along a 60 . 00 foot radius curve to the right a distance of 31 . 70 feet, said curve having a chord bearing of S33013 ' 08"W and a chord length of 31 . 33 feet; thence, S48021 ' 19"W a distance of 66 . 88 feet; thence, S90100 ' 00"W a distance of 84 .48 feet; thence, N00000100"E a distance of 50 . 00 feet; thence, N90°00100"E a distance of 46 .51 feet; thence, Northeasterly along a 75.54 foot radius curve to the left a distance of 80 . 37 feet, said curve having a chord bearing of N31122133"E and a chord length of 76 . 63 feet; thence, Northerly along a 24 . 50 foot radius curve to the left a distance of 22 . 99 feet, said curve having a chord bearing of N25159 ' 08"W and a chord length of 22 . 16 feet; thence, N89158 ' 18"E along the South Right-of-Way line of said Airport Road a distance of 90 .81 feet to the Point of Beginning. EXHIBIT OM- 13672 �3>