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Home My WebLink AboutA017 - Easement from Jensen Development Corporation dated May 4, 2001 01 - 06392 1 INST.NO. STORY COUNTY,IOWA FILED FOR RECORD MAY 2 4 2001 PM D R RETURN TO: SUSAN LVANNDE KAMP,Recorder REC.FEE$&Q AU D.FEE$^'—" INSTRUMENT PREPARED BY: David W. Benson, 1416 Buckeye Ave., Ames 1A 50010 (Tel: 233-3000) EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned, JENSEN DEVELOPMENT CORPORATION, LTD., hereinafter referred to as the GRANTOR, for good and valuable consideration, does hereby grant unto the City of Ames, Iowa, a 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, use, maintain and repair the systems described for the uses set forth hereinafter over, upon, across and under the Easement Area. The Easement Area is a strip of land situated in Story County, Iowa, as shown on the final plat drawing of Sixth Addition,Dauntless Subdivision, Ames, Iowa, and described as follows: For use in distributing electricity and such other general utilities as may be distributed under franchise of the City of Ames, Iowa: The real property shown on Schedule"A"attached hereto and by this reference made a part hereof. For use of a sanitary sewer system: The real property shown on Schedule "B" attached hereto and by this reference made a part hereof. For use of a storm sewer system: The real property shown on Schedule "C" attached hereto and by this reference made a part hereof. For use of surface water flowage or drainage: The real property shown on Schedule"D"attached hereto and by this reference made a part hereof. For use of walkway paths: The real property shown on Schedule "E" attached hereto and by this reference made a part hereof. The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. The Grantor, as the fee simple owner of the underlying real estate, and the Grantor's successors and assigns, shall not erect or place within the Easement Area any building or other structure or improvement or any trees, shrubs or other landscape plantings 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. 2. SEEDING. Immediately following construction, reconstruction or repair work by the Grantee within the Easement Area, weather and season permitting, ground area with f Ames— Sixth Addition Dauntless Subdivision Pa Easement to City o e 2 g ' previously existing grass cover that is disturbed by such work shall be planted with grass seed in accordance with 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 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 to the Grantee. 4. TITLE WARRANTY. The Grantor warrants to the Grantee that the Grantor holds the Easement Area by title in fee simple; that the Grantor has good and lawful authority to grant the easement rights herein provided for; and that the Easement Area is free and clear of all liens and encumbrances except as may be described in the Mortgagee's Subordination attached hereto. 5. CONSTRUCTION. 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 instrument 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 undersigned have executed this instrument on May 4,2001. JENSEN DEVELOPMENT CORPORATION,LTD. By //)Q DIC ON D. JENSEN:`PresAknt ,i STATE OF IOWA, COUNTY OF STORY, SS: On May 4, 2001, before me the undersigned, a Notary Public in and for said state, personally appeared DICKSON D. JENSEN, to me personally known, who, being by me duly sworn, did say that he is the President of said CORPORATION executing the foregoing instrument; that NO SEAL has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said DICKSON D. JENSEN as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. AotaryyPublic b4vi0 W, 13EA15Op/ DAVID W.BE"...CN : MY COMMISSION E?: I. &w April 24,2002 01 - 06392 Easement to City of Ames— Sixth Addition. Dauntless Subdivision Page 3 SCHEDULE "A" General Utility Easement Lot Number Location LOT I SOUTHERLY 10 FEET LOT 2 SOUTHERLY 10 FEET AND WESTERLY 10 FEET LOT 3 WESTERLY 10 FEET LOT 4 NORTHERLY 5 FEET LOT 5 WESTERLY 10 FEET AND NORTHERLY 5 FEET LOT 6 EASTERLY 10 FEET, NORTHERLY 5 FEET, AND WEST 5 FEET OF NORTH 95 FEET LOT 7 EASTERLY 10 FEET LOT 8 EASTERLY 10 FEET LOT 9 EASTERLY 10 FEET AND SOUTHERLY 10 FEET LOT 10 SOUTHERLY 10 FEET LOTH SOUTHERLY 10 FEET PARTS OF LOTS 3, 4, 5 AND 6, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3, SIXTH ADDITION, DAUNTLESS SUBDIVISION, AMES, IOWA; THENCE SOUTH 00006'23" EAST, ALONG THE EAST LINE OF LOT 3, A DISTANCE OF 5.00 FEET; THENCE SOUTH 89053'37" WEST, ALONG A LINE PARALLEL TO AND 5.00 FEET SOUTH OF THE NORTH LINE OF LOT 3, A DISTANCE OF 331.37 FEET; THENCE SOUTH 17055'00" WEST, A DISTANCE OF 36.37 FEET; THENCE NORTH 72005'00" WEST, A DISTANCE OF 244.44 FEET; THENCE NORTHERLY 10.02 FEET ALONG THE EAST RIGHT OF WAY LINE OF DICKINSON AVENUE, SAID CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS OF 2530.00 FEET, WITH A CHORD DIRECTION OF NORTH 14014'48" EAST AND A CHORD LENGTH OF 10.02 FEET; 01 - 06392 �3 Easement to City of Ames— Sixth Addition, Dauntless Subdivision Page 4 THENCE SOUTH 72005'00" EAST, A DISTANCE OF 235.08 FEET; THENCE NORTH 17055'00" EAST, A DISTANCE OF 33.63 FEET; THENCE NORTH 89053'37" EAST, A DISTANCE OF 3.91 FEET, TO A POINT ON THE EAST LINE OF LOT 4; THENCE SOUTH 03006'14" WEST, ALONG THE EAST LINE OF LOT 4, A DISTANCE OF 5.01 FEET, TO A POINT ON THE NORTH LINE OF LOT 3; THENCE NORTH 89053'37" EAST, ALONG THE NORTH LINE OF LOT 3, A DISTANCE OF 335.00 FEET, TO THE POINT OF BEGINNING (CONTAINING APPROXIMATELY 0.10 ACRES OR 4423 SQUARE FEET); AND COMMENCING AT THE NORTHWEST CORNER OF LOT 6, SIXTH ADDITION, DAUNTLESS SUBDIVISION, AMES, IOWA; THENCE SOUTH 17055'00" WEST, ALONG THE WEST LINE OF LOT 6, A DISTANCE OF 90.00 FEET, TO THE POINT OF BEGINNING; THENCE SOUTH 17055'00" WEST, ALONG THE WEST LINE OF LOT 6, A DISTANCE OF 10.00 FEET; THENCE SOUTH 72005'00" EAST, A DISTANCE OF 324.74 FEET; THENCE NORTHERLY 10.01 FEET ALONG THE WEST RIGHT OF WAY LINE OF DICKINSON AVENUE, SAID CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS OF 2470.00 FEET, WITH A CORD DIRECTION OF NORTH 14053'38" EAST AND A CORD LENGTH OF 10.01 FEET; THENCE NORTH 72005'00" WEST, A DISTANCE OF 324.21 FEET TO THE POINT OF BEGINNING (AND CONTAINING APPROXIMATELY 0.07 ACRES OR 3244 SQUARE FEET) ALL IN SIXTH ADDITION, DAUNTLESS SUBDIVISION, AMES, IOWA 01 - 06392 (4) Easement to City of Ames—Sixth Addition, Dauntless Subdivision Page 5 SCHEDULE "B" Sanitary Sewer Easement -None- SCHEDULES "C" AND "D" Storm Sewer and Overland Flowage Easement COMMENCING AT THE SOUTHEAST CORNER OF LOT 8, SIXTH ADDITION, DAUNTLESS SUBDIVISION, AMES, IOWA: THENCE SOUTH 17055'00" WEST, ALONG THE WEST RIGHT OF WAY LINE OF DICKINSON AVENUE, A DISTANCE OF 24.83 FEET TO THE POINT OF BEGINNING; THENCE NORTH 72025'12" WEST A DISTANCE OF 25.00 FEET; THENCE SOUTH 17030'21" WEST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 72025'12" EAST, A DISTANCE OF 25.00 FEET, TO A POINT ON THE WEST RIGHT OF WAY LINE OF DICKINSON AVENUE; THENCE NORTHERLY 21.05 FEET ALONG A CURVE THAT IS THE WEST RIGHT OF WAY LINE OF DICKINSON AVENUE, SAID CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1030.00 FEET, WITH A CHORD DIRECTION OF NORTH 17019'52" EAST AND A CHORD LENGTH OF 21.05 FEET; THENCE NORTH 17055'00" EAST, ALONG THE WEST RIGHT OF WAY LINE OF DICKINSON AVENUE, A DISTANCE OF 8.95 FEET TO THE POINT OF BEGINNING (AND CONTAINING APPROXIMATELY 0.02 ACRES OR 748 SQUARE FEET) ALL IN SIXTH ADDITION, DAUNTLESS SUBDIVISION, AMES, IOWA SCHEDULE "E" Walkway Path Easement -None- 01 - 06392