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Home My WebLink AboutA012 - Access Agreement and Easement dated February 8, 2001 01 - 04739 INST.NO. - -- - STORY COUNTY,IOWA FILED FOR RECORD LIj mod''c APR 24 2001 P G SUSAN L.VANDE KAN1P,Recorder s REC.FEE$ OD UD.FEE$.�. RETURN TDIPREPARED BY: Franklin J.Feilmeyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 500.10—Telephone:515-239-5000 ACCESS A GREEMENTAND EASEMENT Fifth Addition,Dauntless Subdivision,Ames,Iowa KNOW ALL PERSONS BY THIS INSTRUMENT: This is an Agreement by and between Grantor and City upon the following terms and conditions: 1. DEFINITIONS. When used in this instrument,unless otherwise required by the context: 1.1. "Grantor" means Terra Firma, L.P., an Iowa limited partnership, having principal of- fices located at 207 Stanton Avenue, P.O. Box 1099, in the City of Ames, in Story County,Iowa. 1.2. "City" means the City of Ames, Iowa, an Iowa municipal corporation, having principal offices located at 515 Clark Avenue,in the City of Ames,in Story County,Iowa. l 1.3. "Lot T'means Lot 1,Fifth Addition,Dauntless Subdivision,Ames,Iowa. c 1.4. "Lot 2"means Lot 2,Fifth Addition,Dauntless Subdivision,Ames,Iowa. .N 1.5. "Lot 3"means Lot 3,Fifth Addition,Dauntless Subdivision,Ames,Iowa. N 1.6. "Plat'means the final subdivision plat drawing of Fifth Addition,Dauntless Subdivision, l Ames,Iowa as shown in Instrument N°01- 0 4 7 3S. 1.7. "Easement Area 1" means the Westerly 66 feet of Lot 2, more particularly described as: Commencing at the Northwest Corner of Lot 2;thence along a 3,550.00-foot radius curve c concave northerly whose chord bears South 78' 19'28"East 66.00 feet, an arc distance of c 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' H 15' 09" West 208.51 feet, an arc distance of 208.58 feet; thence South 06' 49' 50" West z 350.26 feet to a point on the South line of Lot 2;thence North 84°22'34"West 66.02 feet H along the South line of Lot 2 to the Southwest Corner of Lot 2; thence North 060 49' 50" CA 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 othe West line of Lot 2 to the point of beginning;all in Fifth Addition,Dauntless Subdivi- sion,Ames,Iowa and as shown on the Plat 1.8. "Access Point T' means that point along the centerline of Mortensen Road located at o Station 32+09.72 as shown on the Plat N 1.9. "Access Point 2" means that point along the centerline of Mortensen Road located at Station 28+76.33 as shown on the Plat, which point is also the center of the intersection of Mortensen Road with Dickinson Avenue. 0 1.10. "Access Point 3" means that point along the centerline of Mortensen Road located at y Station 20+65.88 as shown on the Plat which point is also the center of the intersection of y Mortensen Road with the proposed extension of Poe Avenue. w 2. CIRCUMSTANCES&PURPOSE. Grantor owns Lot 1,Lot 2,and Lot 3 in fee simple and, in order to comply with the requirements of City and as a condition to approval of the Plat, wishes to re- aE' w w y FJF 200102021442 SHARP,JAHN,FEILMEYER&FEILMEYER,pic Anomeys at Law•Ames,Iowa ACCESSAGREEMENTAND EASEMENT Page 2 serve for the Grantor and the Grantor's successors and assigns an easement for ingress and egress and to restrict access to and from Mortensen Road. 3. ACCESS RESTRICTIONS. Grantor does hereby quit claim and convey unto City the right of access to and from Lot 1, Lot 2, and Lot 3 along Mortensen Road, reserving however to Grantor and its successors and assigns of Lot 1,Lot 2, and Lot 3,the right of access to and from Mortensen Road at Access Point 1,Access Point 2 and Access Point 3. 4. JOINT ACCESS EASEMENT FOR LOT 3 FROM LOT 2. Grantor does hereby reserve for Lot 3 and to the owner and successors and assigns of the owner thereof, for the uses and upon the conditions hereinafter recited, the perpetual right to enter upon Easement Area 1. The easement rights granted under this instrument shall be appurtenant to Lot 3. Nevertheless, if Easement Area 1 should be dedicated to City as public right of way,the easement shall thereupon terminate. 5. EASEMENT USES. Grantor reserves for the Grantor and for the Grantor's successors and assigns the right within, over, upon, across, and under Easement Area 1 to construct, to reconstruct, to re- pair,to operate,to use,and to maintain a route for ingress to and egress from Lot 3. 6. CITY APPROVAL. City approves the easements herein as satisfying City's condition for subdivi- sion platting. Grantor agrees for Grantor and for its successors and assigns that the easements de- scribed herein shall not be released,terminated, or the uses materially diminished without the con- sent of City. 7. TITLE WARRANTY. Grantor that Grantor holds said land by title in fee simple; that said grantor has good and lawful authority to grant the easement rights herein provided for; and that the de- scribed easement area is free and clear of all liens and encumbrances. 8. 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- strument 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.Keller, Vice President STATE OF IOWA,COUNTY OF STORY,SS: On February—e—, 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 corporate 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 on behalf 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 vol- untary act and deed of the corporation and limited partnership by it and by the officer voluntarily executed. FJF X 200102021546 SHARP,JAHN,FEILMEYER&FEILMEYER,plc Attomeys at Law•Ames,Iowa 01 - 04739 ��` ACCESSAGREEMENTAND EASEMENT Page 3 OTARY PUBLIC IN WITNESS WHEREOF the City has executed this instrument on.Apa I . p>2001 p CITY OF AMES,IOWA m � - BY. <24 � q> Paul D. Wiegand,D for of Public' STATE OF IOWA,COUNTY OF STORY,SS: On 2001,before me, the undersigned, a Notary Public in and for said state„peF sonall appeared Paul D. Wie and to me personally known,and,who being b me duly sworn,did sa�'tliai YPP g P Y � gY Y Y' he is the Director of Public Works of the City of Ames, Iowa; that the seal affixed to the foregoing instru- ment is the corporate seal of the municipal corporation, and that the instrument was signed and sealed on behalf of the municipal corporation, by authority of its City Council, as contained in the Resolution N° Of- 1-;3 adopted by the City Council on'.Alaw. .� , 2001, and that Paul D. Wiegand ac- knowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. NOTARY PUBLIC hh 4 i !lrlt . FJF N 200102021442 SHARP,JAHN,FEILMEYER&FEILMEYER,pfc Attomeys at Law•Ames,Iowa 01 _ 0 4 7 3 9 �2