HomeMy WebLinkAboutA008 - Easement dated November 7, 2002 • t1�
03 - 00979
INST.NO.
STORY COUNTY,IOWA
5 FILED FOR RECORD
AM JAN 1 7 2003
G j
SU i L VANDE KAMP,Recorder G
FlETUAN TO: WA FEE UD. . ._.
Instrument Prepared By:
Stephen J.Howell,612 Kellogg Ave.,P.O.Box 847,Ames,IA 50010-0847;515-232-1761
EASEMENT
KNOW ALL PERSONS BY THIS INSTRUMENT that Lincoln-Bell Investors,L.L.C.,a Delaware
Limited Liability Company, does hereby grant its successor and assigns and the CITY OF AMES,
IOWA and its successors and assigns, the perpetual right to the following described easements:
(1) Joint Access Easement. Grantor grants to the Owners of Lots One (1) and
Two (2), Hach Subdivision, Second Addition, their successors and assigns, the non-exclusive
perpetual right to use as means of ingress and egress over or across a part of Lot Two (2), Hach
Subdivision, Second Addition, Ames, Story County, Iowa more particularly described as follows:
Commencing at the Northeast Corner of Lot One (1) of Hach
Subdivision and the Point of Beginning;thence N00°48'31"W,3 5.00
feet; thence S89°28'49"W, 325.00 feet, thence S89°28'49"W, 35.00
feet;thence S00°48'31"E,95.00 feet;thence N89°28'49"E,35.00 feet;
thence N00°48'31"W 60.00 feet'thence S89°28'49"E,325.00 feet to
the Point of Beginning, all located in what will be a part of Lot Two
(2),Hach Subdivision, Second Addition.
Repairs and Maintenance of Road. The Owner of Lot Two (2), its successors and
assigns, agrees to maintain the easement useable condition and pay the cost of said maintenance
except that the Owner of Lot One (1), its successors and assigns, agrees that it will pay the cost of
maintenance, repair and/or replacement of any roadway over and across the easement when the
maintenance,repair and/or replacement is necessary as a result of use of the easement by or for the
Owner of Lot One(1). In the event either Owner fails to repair and maintain said easement as they
have agreed to,above,then the other Owner shall have the right to make all reasonable and necessary
repairs and the responsible Owner shall be liable for payment of all reasonable expenses in collection
with said maintenance and repair.
(2) Public Utility Easement. Grantor further grants to the City of Ames, Iowa,
its successors and assigns, the right to use for general Public Utilities over,under and across a part
of Lot Two (2), Hach Subdivision, Second Addition, Ames, Story County, Iowa more particularly
described as follows:
Commencing at the Northeast Corner of Lot One (1) of Hach
Subdivision and the Point of Beginning;thence N00°48'31"W,35.00
feet; thence S89°28'49"W, 325.00 feet, thence S89°28'49"W, 35.00
feet;thence S00°48'31"E,95.00 feet;thence N89°28'49"E,35.00 feet;
thence N00°48'31"W 60.00 feet' thence S89°28'49"E,325.00 feet to
the Point of Beginning, all located in what will be a part of Lot Two
(2), Hach Subdivision, Second Addition.
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(3) Binding Effect. This instrument, and the agreements contained in this
instrument shall inure to the benefit of and be binding and obligatory on the heirs, executors,
administrators, successors, and assigns of the Grantor and all Owners of the real estate.
IN WITNESS WHEREOF the undersigned have hereunto attached their signatures
on this the _V-�_ day of November, 2002.
i
LI7Rorts,
VESTORS,L.L.C.,
a Diability Company,
By
naging Member
STATE OF
)ss:
COUNTY OF vOhS 10f- )
On this' day of t�D-Vc'uyl O , 2002, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Doug Roberts, to me personally
known, who, being by me duly sworn, did say that he is the Managing Member, of said Limited
Liability Company executing the within and foregoing instrument; that no seal has been procured
by the said Limited Liability Company; that said instrument was signed on behalf of said Limited
Liability Company by authority of its Members; and that the said Doug Roberts, as such Managing
Member, acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by him voluntarily executed.
..................................... .... . . ....
4 LISA McMILLIN
Notary Public-State of Nevada `-
Appointment Recorded in Washoe County d f h S
..a No:93-3611-2-Expires June 1,2005,,,,,v Notary Public in an or the tate of
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