HomeMy WebLinkAboutA012 - Easement for Construction, Operation and Maintenance of Recreation Facility at Ames Middle School Site dated March 22, 2004 INST.NQ.04 04074
STORY-GOUNTYf,IOWA /
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1� AM APR 0 7 2004
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: Jane B.McAllister,Ahlers&Cooney,P.C.,100 Court Avenue,Suite 600,Des Moines,Iowa 50309(Phone: 515-243-7611)
Address Tax Statement To:City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010
GRANT OF EASEMENT BY THE
AMES COMMUNITY SCHOOL DISTRICT
TO THE CITY OF AMES, IOWA
FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF A RECREATION FACILITY
AT THE AMES MIDDLE SCHOOL SITE
THIS GRANT OF EASEMENT, made this 22"d day of March, 2004, by the AMES COMMUNITY
SCHOOL DISTRICT (the AGrantor@) to the CITY OF AMES, IOWA (the AGrantee@)
WITNESSETH THAT:
WHEREAS, Grantor is the owner, in fee simple,of real property described in Exhibit A attached
to and made a part of this Grant of Easement (the APremises@); and,
WHEREAS, Grantor and Grantee mutually desire to have constructed, operated and maintained
by the Grantee on the said Premises a recreation facility for aquatic and other recreational programs;and
WHEREAS, Grantee desires to have an easement over and on a portion of the Premises (the
AEasement Parcel@) described below.
EASEMENT PARCEL DESCRIPTION
A PART OF LOT 1 OF AMES MIDDLE SCHOOL 2003,BEING AN OFFICIAL PLAT IN THE CITY OF
AMES, STORY COUNTY,IOWA AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF STREET LOT"A"OF SAID AMES MIDDLE SCHOOL
2003;THENCE NORTH 89°10'03" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF
568.54 FEET; THENCE NORTH 00°49'57" EAST, 97.58 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 39016'12" WEST, 765.72 FEET;THENCE NORTH 50°43'49" EAST, 267.98 FEET; THENCE SOUTH
65°16'12" EAST,480.45 FEET; THENCE SOUTH 39°16'12" EAST, 105.95 FEET; THENCE SOUTH 06°08'57"
EAST, 272.17 FEET; THENCE SOUTH 50043'49" WEST,329.88 FEET TO THE POINT OF BEGINNING AND
CONTAINING 6.98 ACRES(304,047 S.F.).
for the purpose of constructing, improving, repairing, maintaining and operating the said
recreation facility and associated improvements, all as shown and described on the aforesaid Exhibit A.
NOW, THEREFORE, in consideration of the foregoing and the sum of$1.00 and other good
and valuable consideration, sufficiency of which is acknowledged, Grantor conveys to Grantee, its
successors and assigns, subject to the terms and conditions herein stated, the perpetual right, privilege
and easement to construct, improve, repair, maintain and operate for the use and benefit of the public,
the said recreational facility and associated improvements on the Easement Parcel, with rights of public
access, ingress and egress, on, over and across the Premises all as shown and described on the attached
Exhibit A.
Grantor further grants a right, easement and privilege to Grantee to enter upon the Premises and
store materials, tools, machinery, equipment and surplus excavation upon the Premises, for and during
the period of, and to the extent reasonably necessary to effectuate, any such initial or subsequent
construction, reconstruction improvement, repair or maintenance of the said recreation facility and
associated improvements.
If the Grantee fails to award a contract on or before June 30, 2014, by enacted resolution of its
City Council, for the construction of the said recreation facility, this easement shall be voidable at the
option of the Grantor.
IN WITNESS WHEREOF, the Grantor and Grantee executed this easement by signature of their
duly authorized representatives as of the date first above written.
AMES COMMUNITY SCHOOL DISTRICT
n c er, ident
By
Kurt Subra, Board Secretary
STATE OF IOWA,STORY COUNTY ss:
On this 22"I day of m .2004,before me,the undersigned,a Notary Public in and for the said State, personally
appeared Jane Acker and Kurt Subra,to me personally known,who being by me duly sworn, acknowledged their signatures
on this instrument and did say that at the time they executed this instrument,they were the President and Secretary of the Board
of Directors of the corporation,that no seal has been procured by said corporation;that the instrument was signed on behalf
of the corporation by authority of its Board of Directors; and that Jane Acker and Kurt Subra as such officers acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the corporation,by it and by them voluntarily
executed.
Notary Public in and for the State f Iowa
CITY OF IOWA SANDRA DAHLGREN
Notarial Seal-Iowa
Commission Number 5323
By My Commission Expires Apr 7, 2005
Ted Tedesco, Mayor
Attes �-�
Diane R. Voss, City Clerk
STATE OF IOWA )
Yam'
STORY COUNTY QQ�
On this�_day of I/_C� , 2004,before me, a Notary Public in and for the State of Iowa,personally
appeared Ted Tedesco and Diane R.Voss,to me personally known,and,who,being by me duly sworn,did say that they are the
Mayor and City Clerk,respectively,of the City of Ames,Iowa;that the seal affixed to the foregoing instrument is the corporate
seal of the corporation, and that the instrument was si n d and sealed on behalf of the corporation, by authonty of its City
Council, as contained in Resolutio No. ()q -oq adopted by the City Council on the rd day of
AAn VC, 66 , and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument
to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
KM
JILL L. RIPPERGER /
OMMISSION#146549
Y COMMISSION PIRESNota n' n an n'Public id for Sto Cou , Iowa