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HomeMy WebLinkAboutA010 - Easement Grant dated March 23, 2004 04 - 04428 INST.NO. STORY COUNTY,IOWA �^ FILED FOR RECORD AM APR D susm 1.VM119 IMP,ROOM00r r 's REM FEE S2'VAUD.FEE�. 91,2 0 2 Space above for recordin data co By: CraigR. Hastings,Att' at Law,409 Duff, PO Box 1794,Ames, IA 50010 515 232-2501 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that MARGUERITE SEVDE, a single person, MARGUERITE SEVDE, AS TRUSTEE OF THE RICHARD H. SEVDE TRUST, KARIN SEVDE, a single person, and RANDY SEVDE, a married person, (hereafter referred to as Owner) do hereby grant the CITY OF AMES, IOWA, and other parties as indicated below, the perpetual right to the following described easements. A. GENERAL UTILITY EASEMENT. Owner grants to the City of Ames, Iowa, the right to construct, reconstruct, maintain and use its general public utilities upon, underground, over or across the following described real estate, all within Southern Hills West, Ames, Iowa, Ames, Iowa: Lot No. Easement Area Lot 1: West 5 feet Northwest 5 feet Easterly 5 feet South 10 feet Lot 2: Easterly 5 feet Northeast 5 feet Westerly 5 feet South 10 feet (Adj. to Airport Rd. & North Loop Dr.) Lot 3: Southwest 5 feet Northwesterly 5 feet Northeasterly 5 feet South 10 feet (Adj. to Airport Road) Lot 4: Southeasterly 5 feet (Long access portion) Southerly 10 feet (Adj. to North Loop Dr.) Southwesterly 5 feet (Main body of lot) Outlot A: East 10 feet South 10 feet Easement Grant p' Owner further grants to the City of Ames, Iowa, the right to permit other utility companies to construct and, in the same manner, maintain its utility facilities, jointly or severally upon, underground, over or across the real estate as described above. B. ELECTRIC UTILITY EASEMENT. Owner grants to the City of Ames, Iowa, the right to construct, reconstruct, maintain and use its electric lines, poles and equipment upon, underground, over or across the following described real estate, all within Southern Hills West, Ames, Iowa, Ames, Iowa: Lot No. Easement Area Electric Easements (New) Lot 3: Southeasterly 10 feet (Main body of lot) Lot 4: Southeasterly 10 feet (Main body of lot) Electric Easements (Existing) Lot 1: A strip of land 10.00 feet in width across Lot 1, Southern Hills West, City of Ames, Iowa being situated 5.00 feet on each side of the following described centerline: Beginning at a point on the Northwesterly line of said Lot 1 which is 11 .01 feet from the north corner thereof; thence S00°02'48"E, 64.61 feet, and there terminating. Lot 2: A strip of land 10.00 feet in width across Lot 2, Southern Hills West, City of Ames, Iowa being situated 5.00 feet on each side of the following described centerline: Beginning at a point on the Northerly line of.said Lot 2 which is 3.31 feet from the Northeast Corner thereof; thence S00°02'48"E, 12.44 feet to a point on the Easterly line of said Lot 1 and there terminating. Lot 3: A strip of land 10.00 feet in width across Lot 3, Southern Hills West, City of Ames, Iowa being situated 5.00 feet on each side of the following described centerline: Beginning at a point on the Southwesterly line of Outlot A, Southern Hills West which is 10.09 feet from the West Corner of said Outlot A; thence S89°45'58"W, 42.25 feet; thence S00°02'48"E, 21.95 feet to a point on the Southwesterly line of said Lot 3, and there terminating. Outlot A: A strip of land 10.00 feet in width across Outlot A, Southern Hills West, City of Ames, Iowa being situated 5.00 feet on each side of the following described centerline: Beginning at a point on the Northeasterly line of said Outlot Awhich is 11.82 feet from the Northeast Corner thereof; thence S02°20'13"E, 61.26 feet; thence S89045'58"W, 634.64 feet Easement Grant p• 3 to a point on the Southwesterly line of said Outlot A, and there terminating. C. BIKE PATH EASEMENT. Owner grants to the City of Ames, Iowa, a non-exclusive easement for bicycle path across the following described real estate, all within Southern Hills West, Ames, Iowa, Ames, Iowa: Lot No. Easement Area Outlot A: North 20 feet of the South 30 feet (Existing frontage road) Lot 1: North 20 feet of the South 30 feet (Existing frontage road) Lot 2: A strip of land 20.00 feet in width across Lot 1, Southern Hills West being situated 10.00 feet on each side of the following described centerline: Beginning at a point on the east line of said Lot 1 which is 20.00 feet north of the Southeast Corner thereof; thence S89°28'07"W, 176.76 feet to the beginning of a curve; thence westerly and southwesterly, 158.29 feet along said curve having a radius of 923.51 feet, concave to the south, and a central angle of 9"49'13" and being subtended by a chord which bears S71°09'45"W, 158.09 feet to a point on the westerly line of said Lot 2, and there terminating. (Existing frontage road) Lot 3: North 20 feet of the South 30 feet (existing frontage road) Lot 4: A strip of land 20.00 feet in width across Lot 4, Southern Hills West being situated 10.00 feet on each side of the following described centerline: Beginning at a point on the Southeasterly line of said Lot 4 which is 64.87 feet from the Southeast Corner thereof, said point also being the beginning of a curve from which the radius point bears S23044'52"E; thence southwesterly, 57.47 feet along the curve concave to the southeast, having a radius of 923.51 feet and a central angle of 3033'56", and being subtended by a chord which bears S64°28'10"W, 57.46 feet to a point on the Southwesterly line of said Lot 4, and there terminating. (Existing frontage road) This bicycle path easement shall be maintained, repaired and replaced by Owner. Maintenance, repair and replacement shall mean filling of chuckholes, resurfacing, and removal of snow and debris. Owner may establish rules and regulations for the use of the easement, including speed limits and may but shall not be required to place signage for purpose of notification of the users thereof., Owner shall not be responsible for the misuse of the bicycle path by users. Easement Grant p. 4 D. PRE-EXISTING CLEAR ZONE EASEMENT. The City of Ames owns an existing Clear Zone easement originally recorded February 13, 1958 in Book 82, Page 309. It was re-recorded on August 18, 1977 in Book 136, Page 575. This easement affects Outlot A and no other portion of Southern Hills West, Ames, Iowa. E OTHER PRE-EXISTING EASEMENTS. The City of Ames also owns the following easements, which affect the lots indicated. Lot Easement Recorded Bk/Pa Lots 2 and 4 Utility Easement 12/17/87 260/46 Lots 2, 3, and 4 Sanitary Sewer 11/24/92 339/227 and Water Lines F. CROSS EASEMENTS FOR PARKING AREAS AND PARKING AREA ACCESS. There exist certain Parking Areas on Lots 1, 2, 3, and 4 and Outlot A as shown on the attached Figures 1, 2, 3, and 4. Owner declares that these Parking Areas are subject to the following easements and restrictions. 1. Declaration. Owner hereby declares that there shall be non-exclusive easements for purpose of parking, which Parking Easements shall run with the land, over and across the areas labeled "Parking Areas" as shown on the attached Figures 1, 2, 3, and 4. The Parking Easements shall be for the benefit of the Lots indicated on the Figures, for. the purposes described in this Easement Grant. 2. Parking Easement on Lot 4. The parking easement area shown on Lot 4, which is for the benefit of Lot 2, shall extend no more the 10 feet into Lot 4 from Lot 2. 3. Use by Others. The Parking Areas shall be used by the owner of each the Lot indicated on the Figure, and that owner's assignees, transferees, agents, employees, invitees or tenants (or their invitees) for parking. No owners nor owner's assignees, transferees, agents, employees, invitees or tenants (or their invitees) shall obstruct the Parking Areas or access thereto so as to prevent their use for the purposes stated in this Easement Grant. 4. Use for Access. The Parking Easements may also be used by the an owner, that owner's assignees, transferees, agents, employees, invitees or tenants (or their invitees) for access to the Parking Areas attributable to that owner's Lot, as shown on the Figures. 5. Maintenance, Repair and Replacement. The Parking Areas shall be maintained, repaired and replaced by the owner of the Lot for which the Parking Area is designated. 6. Definition. Maintenance, repair and replacement shall mean filling of chuckholes, striping, resurfacing, and removal of snow and debris and such other activities as are normally associated with maintaining a parking area. Easement Grant p• 5 7. Insurance. Each owner agrees to obtain and maintain liability insurance insuring its respective interest in the respective Parking Area easement attributable to that owner's Lot. Q INGRESS AND EGRESS EASEMENT. Owner declares that there shall be a non- exclusive easement for ingress and egress by Owner, Owner's assignees, transferees, agents, employees, invitees or tenants (and their invitees) over and. across the following described real estate all within Southern Hills West, Ames, Iowa, Ames, Iowa: Lot No. Easement Area Outlot A: North 20 feet of the South 30 feet (existing frontage road) Lot 1: Beginning at the SE Corner of Lot 1; thence N43°51'32"W, 41.24 feet; thence S89°28'07"W, 77.45 feet; thence N00°00'52"W, 81.33 feet; thence N43°51'52"W, 34.65 feet; thence S00°00'52"E, 106.53 feet; thence S89028'07"W, 139.26 feet; thence S00°31'53"E, 30.00 feet; thence N89°28'07"E, 269.00 feet to the point of beginning, as shown on the attached Figure 1 - Cross Easement Exhibit Lot 2: Beginning at the SE Corner of Lot 2; thence N00031'53"W, 30.00 feet; thence S 89°28'07"W, 287.78 feet; thence S32°37'21"W, 35.83 feet; thence N89°28'07"E; 307.38 feet to the point of beginning, as shown on the attached Figure 2 — Cross Easement Exhibit Lot 3: North 20 feet of the South 30 feet (existing frontage road) Lot 4: Beginning at the SW Corner of said Lot 4 to the beginning of a curve, thence Southeasterly 42.41 feet along said curve having a radius of 180.00 feet concave to the Southwest, a central angle of 13030'04" and being subtended by a chord which bears S36°06'40"E, 42.32 feet; thence S29021'39"E, 759.83 feet to the point of beginning, as shown on the attached Figure 4 — Cross Easement Exhibit 1. Maintenance, Repair and Replacement. These ingress and egress easement areas shall be maintained, repaired and replaced by Owner as provided below. 2. Primary Ingress and Egress for Lot 3. The primary means of ingress to and egress from Lot 3 to the public street shall be over the easement area of Lot 4 described above. The owner of Lot 3, the owner's assignees, transferees, agents, employees, invitees or tenants (or their invitees) shall not use the area of Lot 3 extending to the frontage road for Easement Grant p• 6 ingress or egress unless consented to by the owner of Lot 1 or required from time to time by the City,of Ames for emergency ingress and egress. No road or driveway surface shall be constructed in the portion of Lot 3 extending from the currently paved parking area southeast to the frontage road, without the consent of the owner of Lot 1 or at legitimate demand of the City of Ames. 3. Definition. Maintenance, repair and replacement shall mean filling of chuckholes, striping, resurfacing, and removal of snow and debris and such other activities as are normally associated with maintaining a roadway or driveway. 4. Rules. Owner may establish rules and regulations for the use of the easement, including speed limits and may place signage for purpose of notification of the users thereof. 5. Limitation of Liability. Owner shall not be responsible for the misuse of the easement by users. 6. Construction of Road Surfaces. Owner shall construct the road surface to be placed on the easement area on Lot 4 at Owner's expense. The remaining easement areas already have road surfaces constructed on them. Initially the road surface shall be constructed from the southern entrance to a point approximately 20 feet beyond the entrance to Lot 3 as that entrance is determined. The construction of the remaining road surface shall be at the discretion of Owner. 7. Maintenance, Repair and Replacement. All road surfaces in the ingress and egress easement areas shall be maintained, repaired and replaced by Owner. Maintenance, repair and replacement shall mean filling of chuckholes, striping, resurfacing, and removal of snow and debris and such other activities as are normally associated with maintaining a parking area. H. DISPUTE RESOLUTION. In the event of any dispute arising under this Easement Grant between or among the owners of the Lots, and the same is not settled within ten days, then any owner (referred to below as a party) may request that the dispute be submitted to arbitration. The owner initiating the request shall be deemed to be one party and all of the other owners, collectively, shall be deemed to be the other party. Each party shall choose an arbitrator within 3 days of the request, and the two arbitrators shall choose a third. The parties shall present their dispute to the arbitrators and shall abide by their decision, which need only be a majority decision. The terms of the arbitration procedure shall be as follows: 1. Payment of Arbitrators. Each party shall pay the party's own arbitrator according to whatever agreement may be reached between the party and its arbitrator. The parties shall each pay one-half the fee of the third arbitrator. The parties shall each pay one-half of the third arbitrator's reasonable necessary expenses such as long distance calls, copying, meals, and secretarial expense. Any party not paying its portion of the fee and expenses within 10 days of notice of the amount from the Easement Grant p. 7 arbitrators shall have judgment rendered against them for their share by the District Court. 2. Powers of Arbitrators. The arbitrators, acting as a panel, are hereby given the discretionary power to make and issue orders which are deemed appropriate or expedient. The parties agree to obey the orders and to follow and comply the final award made by the arbitrators. The parties further agree that the arbitration shall be governed by Chapter 679A, Code of Iowa, as modified by this Agreement. 3. Memoranda of Law. Each party's attorney may present to the arbitrators a Memorandum of Law outlining the legal issues and case law involved in the arbitration proceedings. The Memorandum of Law shall be mailed to the other party's attorney at least 10 days prior to the first arbitration hearing. Each attorney shall then have until 5 days prior to the first arbitration hearing to prepare a supplemental Memorandum of Law. All initial Memoranda and supplemental Memoranda shall then be submitted to each of the arbitrators and the other attorney no later than the date of the first arbitration hearing. 4. Presence of Attorneys, Others, Record of Hearings. The parties agree that neither shall have an attorney present at the arbitration hearings. A tape recorded record shall be made of the hearings. It shall be discretionary with the arbitrators to determine whether persons other than the parties shall be allowed to attend a hearing for any purpose other than being a witness. It is agreed by the parties,that no appeal of the arbitrators award shall be made on the ground that substantial evidence on the record as a whole does not support the award. This shall not prevent an appeal made on the basis that the award (a) assumes facts not presented at a hearing or (b) is based on findings which are contrary to the facts presented at a hearing. 5. Pre-Hearing Conference. The arbitrators may elect to have a pre-hearing conference for the purpose of exchanging information and documents, and for the purpose of stipulating any matters which may expedite the arbitration process. The arbitrators may issue orders during or with respect to this Pre-Hearing Conference which are appropriate for the purpose of expediting the arbitration process. 6. Location. The parties agree that the arbitration hearings shall take place at a time and place in Ames, Iowa which is agreeable to the parties and the arbitrators, unless otherwise ordered by the arbitrators. 7. Deadline for Award. The arbitrators shall make every effort to make their award in writing no later than 30 days after the final arbitration hearing. H. GENERAL CONDITIONS. All such easements (other than the Cross Easements for Parking Areas and Parking Area Access) are granted according to the following terms and conditions. Easement Grant p• 8 1. Owner, its successors and assigns, shall not a. erect any structures over or within the easement areas without obtaining the prior written approval of the City Engineer (provided, however, that any parking areas in existence on the date the Easement Grant is recorded shall be allowed to be maintained, repaired and replaced). b. erect or cause to be placed on the easement areas any structure, material, device, thing or matter which could possibly obstruct or impede the normal flow of surface water over the easement areas without obtaining the prior written approval of the City Engineer. C. change grade, elevation or contour of any part of the easement areas without obtaining the prior written approval of the City Engineer. 2. The City of Ames, its assigns and licensees, shall install and maintain construct, reconstruct, maintain and use its general utilities, electric lines, consisting of poles, wires, overhead or underground cables, fixtures, anchors and other similar equipment within the said easement area described above in a safe and prudent manner. It shall also restore the Easement areas in a good and workmanlike manner, including but not limited to restoration of lawns by sodding or seeding, and restoration of driveways damaged by the City as nearly as possible to original condition. I. RIGHTS OF CITY. 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 for 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 the right, and 2. the right to improve, repair and maintain the easement area. 3. the right to enforce through appropriate legal action any of the obligations assumed by the owners of the Lots in the subdivision under this Easement Grant. J. LIABILITY. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the described real estate and adjoining real estate or to others caused by failure to use due care in the exercise of the granted rights. K. JOINDER OF SPOUSE. Colleen Katerie Sevde executes this Easement Grant solely to give her consent as the spouse of Randy Sevde. She does not obligate herself thereby to any of the terms of this Easement Grant. Easement Grant P. 9 Dated this day of � 7� 2004. M r er' Sevde Karin Sevde _ The Richard H. Sevde Trust / Margue ' e vde, Trustee JRan ;Sev6 Colleen Ka erie Sev e STATE OF IOWA, COUNTY OF STORY ) This instrument was acknowledged before me on ft('4-L�N 2.3 , 2004 by MARGUERITE SEVDE. JOHN MURRAY — — (�pmmtsslonNumber718581 Print name here: 11r�h u,�+ la ht Commission Expires No ry Public in and for said St to and County ow September 19,2005 STATE OF IOWA, COUNTY OF STORY ) nn^ This instrument was acknowledged before me on '1VI t(%_)k 2 , 2004 by MARGUERITE SEVDE as TRUSTEE ofATHEIRD H. SEVDE TRUST. JOHN MURRAY Commission Number 718581 1 1COmmbslonExpires Print name hereN^September 19,2005 �� ,V 1u'r in and for said Sta a and County STATE OF IOWA, COUNTY OF STORY ) This instrument was acknowledged before me on 2004 by KARIN SEVDE. JOHN MURRAY Commission Number718581 Print name here: ��� u�t.w ow My Commission Expires No ary Pu Iic in and or said S ate and County September 19, 2005 STATE OF IOWA, COUNTY OF STORY ) This instrument was acknowledged befo 'U� eon arck ,Z 2004 by RANDY SEVDE and COLLEEN KATERIE SEV JOHN MURRAY rint name here: COmmisslon Number 718581d�`� ky� My Commission Expires Not Public in and for said to and County O10 September 19, 2005 ^ . 77, LOT 3 73028. 06 SO FT 1 .68 ACRES SOUTHERN HILLS WEST 258338.07 SO FT 5.93 ACRES SIGN ILDING T ROAD 0 EXISTING BUILDING LOT I LOT 2 175TO1.80 SO FT 37039.23 SO FT 1.74 ACRES O.B5 ACRES \77.45' 30.00, 00*31,53" 1\86 N89*28'07"E SE CORNER LOT I AIRPORT RQ'AD CROSS EASEMENT. LOT 1 A parcel of land located across that part of Lot 1. Southern Hills West Subdivision in the City of Ames. Story County, Iowa. Said parcel of land is described as follows: I�NOFrrlH Beginning at the Southeast Corner of said Lot 1; thence N43*51'32"W, 41.24 feet; CROSS EASEMENT EXHIBIT FIGURE: 1 LOT 1 , SOUTHERN �HILLS WEST REVISION NO. DATE AWE8, |OWA DRAWN PROJECT NO. DATE w —�~~ ^ ~° ���--___---_---_—___--_----- _--'__—_' _----_---_---_ -----'— __ .. . LOT 3 73028.06 SO FT 1.68 ACRES EXISTING BUILDING 1531 AIRPORT ROAD 11933 SO. FT. 01 EXI STING BUILDING 1525 AIRPORT ROAD LOT 2 LOT I N89*28'07"E SE CORNER LOT 2 AIRPORT ROAD CROSS EASEMENT. LOT 2 A parcel of land located across that port of Lot 2, Southern Hills West Subdivision in the City of Ames, Story County. Iowa. Said parcel of land is described as follows- (I�INOKTH Beginning at the Southeast Corner of said Lot 2; thence NOO*31'53"W. 30.00 feet; 307.38 feet to the Point of Beginning. SCALE CROSS EASEMENT EXHIBIT FIGURE: 2 LOT 2, SOUTHERN HILLS WEST REVISION No. DATE K | 4K�ES, |O�� � " " » ' " " " ` ' " » | | DRAWN | DATE � -- ------'-------' --- ----------- '--- ----'---------------'—'----- ------------' f. 00 . 2 LOT 3 73028.06 SO FT s9 1.68 ACRES SOUTHERN HILLS WEST cc Ftc11.90 ACRES Ste'• � '. �M OUTLOT A -6N 258338.07 SO FT 5.93 ACRES — ' 2 !SIGN 89 '32"W F�/'� �� 1 �—-: S9 f `' s L ING BUILDING IRPORT ROAD 33 SO. FT. 3 --- S� m o Z — - Q? T. o EXISTING BUILDING }--- cc - � °�° 1525 AIRPORT ROAD 9 --- Z 8525 SO. FT. / 152.30' J / N43'51'32" LOT 2 LOT 1 i — _ —• 75901. 0 SO FT "37039.23 SO FT 1.74 ACRES tr. 0.85 ACRES - --- FRONTAGE ROAD SW CORNER LOT 3 AIRPORT ROAD CROSS EASEMENT, LOT 3 A parcel of land located across that port of Lot 3. Southern Hills West Subdivision in the City of Ames. Story County, Iowa. Said parcel of land is described as follows: Commencing at the Southwest Corner of said Lot 3 also the Southeast Corner of Lot 1. I�NOFFFH Southern Hills West Subdivision; thence N43751'32"W, 152.30 feet to the Point of Beginning; thence NOO'00'52"W. 64.96 feet; thence N43'51'32"W. 36.89 feet; thence N00'23'31"W, 168.10 feet; thence S46'08'28"W, 160.64 feet; thence S43'51'32"E. 205.74 feet to the Point of Beginning. p 60 SCALE CROSS EASEMENT EXHIBIT FIGURE: 3 LOT 3, SOUTHERN HILLS WEST REVISION NO. DATE engineering AMES, IOWA DRAWN PROJECT NO. DATE IZ 50.00 H5r22'39-W LOT 4 73891.68 SO FT 1.70 ACRES PARY,iO6 MAS ^ LOT 3 bry 73028.06 SO FT F0PN LOT ?— So 1.6B ACRES OUTHERN HILLS WEST 11.90 ACRES t: OUTLOT A 258338.07 SO FT 5.93 ACRES SIGN AREA FOK LaT I r - EXISTING BUILDING 1531 AIRPORT ROAD 11933 SO. FT. + EXISTING BUILDING 5285255 AI F RPORT ROAD IF d)9a OT LC 759 L 1.74 ACRES 0-85 ACRES ASPHALT FRONTAGE ROAD SW CORNER LOT 4 R�180.00*._'2.jO AIRPORT ROAD a'S3106 W06 O"E Ch=Q..- — CROSS EASEMENT, LOT 4 A parcel or rona- racarecf across that part or Lot 4, Southern Ffflfs West Subdivision in the City of Ames, Story County, Iowa. Said parcel of land is described as follows: Beginning at the Southwest Corner of said Lot 4 to the beginning of a curve, thence Southeasterly (tNORTH 42.41 feet along said curve having a radius of 180.00 feet concave to the Southwest, a central ongle of 13*30'04" and being subtended by a chord which bears S36'06'40"E, 42.32 feet; thence S29*21'39"E, 11.97 feet; thence N32*37*21"E, 780.80 feet; thence N57'22'39"W, 50.00 feet; thence S32*37'21"W.- 0 100 759.83 feet to the Point of Beginning. SCALE CROSS EASEMENT EXHIBIT FIGURE: 4 - LOT 4, SOUTHERN HILLS WEST REVISION NO. DATE I I engineering AMES, IOWA DRAWN PROJECT NO.1 DATE e )3 V iMny' 7i1 1 ..