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Home My WebLink AboutA010 - Easement dated February 8, 2001 01 - 04737 STORY COUNT ,fOb11A FILED FOR RECORD 3 9 D I' APR 2 4 2001 P SUSAN L.VANDE KAMP,Recorder S FiEC.FEE$3L-�AU1rJ.FEE,_,- RETURN TOIPREPARED BY: Franklin J.Feilmeyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000 EASEMENT Fifth Addition,Dauntless Subdivision,Ames,Iowa KNOW ALL PERSONS BY THIS INSTRUMENT. That Terra Firma,L.P., an Iowa limited partnership, hereinafter referred to as the GRANTOR, for good and valuable consideration, does hereby grant unto the City of Ames,Iowa, an Iowa municipal corporation, its successors and assigns, hereinafter referred to as the GRANTEE,upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area to construct, reconstruct, cover over, clean up, operate, l use, maintain,and repair the systems described for the uses set forth hereinafter over, upon, across and un- der the Easement Area. The Easement Area is a strip of land situated in Story County, Iowa, as shown on N the final plat drawing of Fifth Addition,Dauntless Subdivision,Ames,Iowa, and described as follows: For use of an electrical distribution system and other general utilities permitted under franchise of the City of Ames, including,but not limited to,telecommunications, l cable television, and similar data transmission lines, and natural gas distribution systems: The real property shown on Schedule"A"attached hereto and by this reference made a part hereof. c For use of a sanitary sewer system, water distribution system, and storm sewer sys- tem:c tem: The real property shown on Schedule"B attached hereto and by this ref- erence made a part hereof. For use of surface water flowage or drainage and storm water detention: The real N property shown on Schedule "C"attached hereto and by this reference made a part hereof. The foregoing rights are granted by the Grantors and shall be accepted and exercised by the Grantee subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. The Grantors, as the fee simple owners of the underlying real es- tate, and the Grantors' successors and assigns, shall not erect or place within the Easement Area z any building or other structure or improvement or any trees, shrubs or other landscape plantings oN other than grass or comparable ground cover except with the prior written consent of the Grantee. The Grantee shall have the right to trim or remove trees and shrubs within the Easement Area to prevent damage to a utility service line of the Grantee located within the Easement Area. N 2. SEEDING. 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 vs 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 the Grantors from granting similar easement Tights to third parties upon terms and conditions that do not impair or diminish the rights granted c under this instrument to the Grantee. 4. TITLE WARRANTY. The Grantors warrant to the Grantee that the Grantors hold the Easement y Area by title in fee simple;that the Grantors have good and lawful authority to grant the easement FJF ✓200102011235 SHARP,JAHN,FEILMEYER&FEILMEYER,plc Attomeys at Law-Ames,Iowa EASEMENT—FIFTH ADDITION,DAUNTLESS SUBDIVISION Page 2 rights herein provided for; and that the Easement Area is free and clear of all liens and encum- brances. 5. 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 in- stnunent 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 Grantor has executed this instrument on February B ' 2001. TERRA FIRMA,L.P. By: Ev Cochrane&Associates,Inc., General Partner BY-- David A.IKeller,Vice President STATE OF IOWA,COUNTY OF STORY,SS: On February Ste, 2001,before me, the undersigned, a Notary Public in and for said state, per- sonally appeared David A,Keller, to me personally known, who, being by me duly sworn did say that the person is the Vice President of Ev Cochrane & Associates, Inc., an Iowa business corporation, the COR- PORATE GENERAL PARTNER of Terra Firma, L.P., an Iowa LIMITED PARTNERSHIP, executing the foregoing instrument, that NO SEAL has been procured by the corporation; that the instrument was signed onbehalf of the corporation as general partner of Terra Firma,L.P.,an Iowa limited partnership,by authority of the corporation's Board of Directors; and that David A. Keller as that officer acknowledged execution of the instrument to be the voluntary act and deed of the corporation and limited partnership by it and by the officer voluntarily executed. ' I kowpl= 4 °Z FRANKLIN J.FEILMEYER MY COMMISSION EXPIRES TARY PUMIC aN� July 16,2003 C FJF ✓200102021544 SHARP,JAHN,FEILMEYER&FEILMEYER,p1c Attorneys at Law•Ames,Iowa _ 04 7 3 7 �� Y 1 EASEMENT—FIFTH ADDITION,DAUNTLESS SUBDIVISION Page 3 SCHEDULE"A" Easement Area for electrical distribution system and other general utilities Lot Number Location Lot 1...................the North 10 feet; Lot 2...................the Westerly 66 feet, more particularly described as: Commencing at the Northwest Cor- ner of Lot 2; thence along a 3,550.00-foot radius curve concave northerly whose chord bears South 78' 19' 28" East 66.00 feet, an arc distance of 66.00 feet, along the North line of Lot 2; thence South 11' 39' 43" West 133.80 feet; thence along a 2,467.00-foot radius curve concave easterly whose chord bears South 09' 15' 09" West 208.51 feet, an arc distance of 208.58 feet; thence South 06' 49' 50" West 350.26 feet to a point on the South line of Lot 2;thence North 84'22' 34"West 66.02 feet along the South line of Lot 2 to the Southwest Corner of Lot 2; thence North 06149' 50"East 350.32 feet along the West line of Lot 2; thence along a 2,533.00-foot radius curve concave easterly whose chord bears North 09' 14' 46"East 213.53 feet, an arc distance of 213.59 feet, along the West line of Lot 2;thence North 11'39'43"East 134.38 feet along the West line of Lot 2 to the point of beginning, Lot 2...................the North 10 feet; Lot 3...................the North 10 feet; ALL IN Fifth Addition,Dauntless Subdivision,to Ames,Iowa. SCHEDULE`B" Easement Area for sanitary sewer system,water distribution system,and storm sewer system Lot Number Location Lot 2...................the Westerly 66 feet,more particularly described as: Commencing at the Northwest Cor- ner of Lot 2; thence along a 3,550.00-foot radius curve concave northerly whose chord bears South 780 19' 28" East 66.00 feet, an arc distance of 66.00 feet, along the North line of Lot 2; thence South 11' 39' 43" West 133.80 feet; thence along a 2,467.00-foot radius curve concave easterly whose chord bears South 091 15' 09" West 208.51 feet, an arc distance of 208.58 feet; thence South 060 49' 50" West 350.26 feet to a point on the South line of Lot 2;thence North 84'22' 34"West 66.02 feet along the South line of Lot 2 to the Southwest Comer of Lot 2; thence North 060 49' 50"East 3 50.3 2 feet along the West line of Lot 2; thence along a 2,533.00-foot radius curve concave easterly whose chord bears North 09' 14' 46"East 213.53 feet, an arc distance of 213.59 feet, along the West line of Lot 2;thence North 110 39'43"East 13 4.3 8 feet along the West line of Lot 2 to the point of beginning, ALL IN Fifth Addition,Dauntless Subdivision,to Ames,Iowa. SCHEDULE"C" Easement for surface water flowage or drainage and storm water detention Lot Number Location Lots 1 and 2........Commencing at the Northwest Corner of Lot 2; South 110 39' 43"West 134.38 feet along the West line of Lot 2;thence along a 2,533.00-foot radius curve concave easterly whose chord bears South 09' 14'46"West 213.53 feet, an arc distance of 213.59 feet, along the West line of Lot 2;thence South 06'49' 50"West 72.15 feet along the West line of Lot 2 FJF,✓200102011235 SHARP,JAHN,FEILMEYER&FULMEYER,p1c Attomeys at Law•Ames,Iowa 01 — ® 4 7 3 7 �� a EASEMENT—FIFTH ADDITION,DAUNTLESSSumpySION Page 4 to the Point of Beginning; thence South 83' 10' 10" East 148.45 feet; thence North 68' 53' 02" East 206.94 feet to a point on the West line of Lot 1; thence South 63' 25' 14" East 185.05 feet; thence South 88'43' 04"East 294.95 feet to a point on the East line of Lot 1; thence South 010 36' 45" West 196.70 feet along the East line of Fifth Addition, Dauntless Subdivision; thence South 49'02' 31" West 74.31 feet along the North line of Lot F;thence South 870 33' 11" West 206.02 feet; thence North 48' 59' 39" West 358.12 feet; thence North 830 10' 10" West 267.34 feet to-the West line of Lot 2; thence North 06'49' 50"East 20 feet to the Point of Beginning. ALL IN Fifth Addition,Dauntless Subdivision,to Ames,Iowa. FJF ✓200102011235 SHARP,JAHN,FEILMEYER&FEILMEYER,p1c Attorneys at Law•Ames,Iowa � � - 04737C�-"