HomeMy WebLinkAboutA004 - Easement dated August 9, 2002 t 02 - 13037
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RETURN T01PREPARED BY: Franklin J.Feilmeyer,Attorney at law,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000
EASEMENT
Seventh 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,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 Seventh Addition,Dauntless Subdivision,Ames,Iowa, and described as follows:
For use of an electrical and water distribution and sanitary and storm water sewer
systems and other general utilities permitted under franchise of the City of
Ames, including, but not limited to, telecommunications, 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.
For use of surface water flowage or drainage and storm water detention: The real
property shown on Schedule "B" 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
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 previously existing
grass cover that is disturbed by such.work shall be planted with grass seed in accordance with cus-
tomary 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
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 Grantors warrant to the Grantee that the Grantors hold the Easement Area
by title in fee simple;that the Grantors have 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.
FJF N 20020809110331 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,PLC
Attomeys at Law•Ames,Iowa
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EASEMENT—SEVENTHADDITION,DAUNTLESSSUBDIVISION Page 2
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 instru-
ment 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 Owner executes this instrument on 9 August 2002.
TERRA FIRMA,L.P.,by Ev Cochrane&
Associates,Inc., General Partner
BY:
avid A. Keller,Vice President
STATE OF IOWA,COUNTY OF STORY,ss: On 9 August 2002,before me,the undersigned, a Notary
Public in and for said state, personally 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., the corpo-
rate 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 corpora-
tion 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.
Pla
r o Vtnc� FRANKLIN J. FEILMEYER �
COMMISSION NO. 161389
MY COMMISSION EKPIRES
L 'O'"'` JULY 1 2003 TARY PUBLI
FJF ✓20020809110331 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,PLC
Attorneys at Law-Ames,Iowa
EASEMENT—SEVENTHADDITION,DAUNTLESS SUBDIVISION Page 3
SCHEDULE"A"
Easement Area for electrical and water distribu-
tion and sanitary and storm water sewer systems
and other general utilities
Lot Number Location
Lot 1 ...................the West 20 feet of the South 128.57 feet along and adjacent to the boundary with Lot 2;
the West 10 feet and the Northwesterly 10 feet along and adjacent to the Dickinson Ave-
nue right of way;
the North 10 feet along and adjacent to the Mortensen Road right of way;
Lot 2 ...................the North 10 feet along and adjacent to the Mortensen Road right of way; and
the East 10 feet except the South 278.90 feet thereof along and adjacent to the Dickinson
Avenue right of way;
ALL IN Seventh Addition,Dauntless Subdivision,to Ames,Iowa.
SCHEDULE"B"
Easement for surface water flowage or drainage
and storm water detention
Lot Number Location
Lot 1 ...................Commencing at the northeast corner of Lot 1;
thence South 06' 13' 05" West, along the easterly line of said Lot 1, 307.00 feet, to the
point of beginning;
thence South 06' 13'05"West, along the easterly line of said Lot 1,63.67 feet;
thence South 56'38'03"East,along the northeasterly line of said Lot 1,271.96 feet;
thence South 88'23' 15"East,along the northerly line of said Lot 1,236.57 feet;
thence South 01'37'01"West,along the easterly line of said Lot 1, 66.52 feet;
thence South 49'02'3 1"West,along the easterly line of said Lot 1,74.31 feet;
thence South 87'33' 11"West,206.02 feet;
thence North 480 59'39"West,358.12 feet;
thence North 83' 10' 10"West,229.84 feet to a point on Dickinson Avenue right of way;
thence North 06'49'50"East, along Dickinson Avenue right of way 10.00 feet;
thence North 83' 10' 10"West,along Dickinson Avenue right of way 34.50 feet,;
thence North 06'49'50"East,along Dickinson Avenue right of way 10.00 feet;
thence South 83' 10' 10"East, 145.45 feet;
thence North 68'53'02"East,206.94 feet,to the point of beginning.
ALL IN Seventh Addition,Dauntless Subdivision,to Ames,Iowa.
FJF N 20020809110331 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,PLC
Attorneys at Law•Ames,Iowa