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HomeMy WebLinkAboutA014 - Access Easement Grant dated August 16, 2011 a� eA5 16q7 `- RETURN TO: CITY CLERK'S OFFICE BOX 811 AMES IA 50010-0811 ' Instrument:2011- 0/3007956 INS N 5 f/M Date:Au9 1972011 02:59:14P (ENV) i ncJ�— D Rer_ Fee: 10.00 E-Com Fee: 1.00 G/ Aud Fee: .00 Trans Tax: .00 �G Rec Manasement Fee_: 1.00 Mon-Standard Pase Fee: .00 Filed for record in Story Countyr Iowa Susan L. Vande Kama► County Recorder i DO NOT RIGHT IN THE SPACE ABOVE THIS LINE—RESERVED FOR RECORDER Prepared by Scott Renaud,P.E.,FOX Engineering Associates P'Retsrn to• Ames City C lerk,P 0 13ox 811, James, IA 50010 Phone 515 239 5105 ACCESS EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that Ames Christian School, 925 S. 16`h Street, Ames, Iowa does hereby grant the CITY OF AMES, IOWA,the perpetual right to the following described easement: A. Access Easement. The Ames Christian School grants to the City of Ames, Iowa, the right to access for emergency vehicles across the following described real estate, all within Lot 1, Grand Aspen Subdivision, Ames, Iowa as shown and described on the attached Figure A. B. General Terms and Conditions.Ames Christian School,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 Engineer. 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 access of emergency vehicles over the easement area without obtaining the prior written approval of the City Engineer. C. The City of Ames 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. D. The foregoing rights are granted upon the express condition that users of the granted rights will assume liability for all damage to the hereinbefore described real estate and adjoining real estate caused by failure to use due care in the exercise of the granted rights. Dated this 23rd day of March,2011 Ames Christian School By: ►�e� Scott E. Randall / STATE OF IOWA,STORY COUNTY This instrument was acknowledged before me on March 23, 2011,by Scott E. Randall. �F PATT!BOOM .N Commission Number 222149 OWN Expires Notary Public in and for said State and County Accepted by the City of Ames,dated this f of / 1 G( 2011 � z 11.A1`/)A1I//L��\1P IfCI R :r j Al r 4 yi"'�T' ; m Title: s'�e`` kxsMNAiSa }' ti _t -11 SC a HHf n fin e t 4 . n: :prod z7uuv%ovot-1vu E'am us res rawings 1w - a bsements.dwg I Cun�lo fires P' I /yam z S . 6r.'.I —J /eve y�e y PROPOSED 24'ACCES I EASEMENT ®Hem 0 so 100 .OALE FOX FOX Engineering Associates,Inc. SITE ACCESS FIGURE: FIGURE 1601 Golden Aspen Drive,Suite 103 Ames,Iowa 50010 hone:(515)233-0000 EASEMENT P engineering FAX: (515)233-0103 -DATE P.N. 8 14 2008 xxxx—xxx Doug Marek/COA To Sam Perry/COA@COA 08/16/2011 03:00 PM cc Diane R Voss/COA@COA bcc Subject Re: Fw: Emailing:TheGrove_emergency_fire_access.pdfD Sam: Council action is not needed for the City to accept the easement, since receipt of the access easement was a condition of site plan approval. No metes and bounds legal description is required. The easement adequately identifies the parcel on which the easement access is located, and the attached figure adequately illustrates the location of the easement within the parcel. In the recorder heading, it will be necessary to type in a third line before recording: "Return to:Ames City Clerk, 515 Clark Avenue,Ames, Iowa 50010." Doug Marek Ames City Attorney 515 Clark Avenue P.O. Box 811 Ames, Iowa 50010 Tel: 515-239-5146 Fax: 515-239-5142 E-mail: dmarek@city.ames.ia.us PRIVILEGE& CONFIDENTIALITY NOTICE This message is intended only for the use of the person or entity to whom it is addressed. It may contain information that is privileged, confidential, and exempt from disclosure under applicable law as attorney-client and work-product confidential communication. If you are the reader of this message but are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately notify us at the above-listed telephone number. Sam Perry/COA Sam Perry/COA 08/16/2011 02:46 PM To Doug Marek/COA@COA cc Subject Fw: Emailing:TheGrove_emergency_fire_access.pdf Doug, Since"The Grove"was over 200 dwelling units it required two means of ingress/egress from the site. Fire Dept allowed it to be approved if we had an easement across an adjacent property for emergency use only.We got the signed easement but never recorded it. Diane wrote me back today and said to check with you to see if it needed to go to Council. If not, she would have the mayor sign it and then record it. I see now that there is not a metes and bounds legal description for the easement area. But, since we have the attached drawing, I hope that will suffice.At least it does mention the lot number and subdivision name. But, does not specify the sub-set easement area within the subject lot. t - --Sam Sam Perry, Planner City of Ames,IA,Dept of Planning&Housing Direct: (515)239-5447 Front Desk: (515)239-5400 Fax: (515) 239-5404 Email:sperry(@city.ames.ia.us Web:www.cityofames.org 515 Clark Ave. P.O.Box 811 Ames,IA 50010 -----Forwarded by Sam Perry/COA on 08/16/2011 02:41 PM----- t. Sam Perry/COA 08/15/2011 02:21 PM To Diane R Voss/COA cc Tom L Henriksen/COA@COA Subject Emailing:TheGrove_emergency_fire_access.pdf Diane, The Grove apartments on South 16th Street is about to open and we have this signed easement from the Ames Christian School granting us emergency access through their parking lot. The easement needs to be recorded. I believe the best person to sign this for the city would be Clint Peterson since it is for fire code purposes. I am copying Tom Henriksen on this since I worked with him on DRC when this project was originally reviewed. I thought I would check with you first to see what your process for recording new city easements is. If I should go ahead and get Clint to sign it and then ask you to record it?Or what the correct steps would be. This has been sitting in our file unrecorded for several months,while The Grove has been under construction. Thanks, Sam Sam Perry, Planner City of Ames,IA,Dept of Planning&Housing Direct: (515)239-5447 Front Desk: (515)239-5400 Fax: (515)239-5404 Email:sperry(@gby.ames.ia.us Web:www.ciWofames.org