HomeMy WebLinkAboutA013 - Public Utility Easement Instrument: 200400008524
Date: 06-24-2004
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M Piled for Record in STORY COUNTY IOWA
D SUSAN L, VANDE KAMP,COL`,qTi' RECORDER
Prepared by&Return to:Nathan J. Barber 3101 Ingersoll Ave Des Moines Iowa 50312 (515)279-9059
U) PUBLIC UTILITY EASEMENT
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KNOW ALL PERSONS BY THESE PRESENT that BLOOMINGTON HEIGHTS
WEST TOWNHOMES, L.C. , an Iowa limited liability company
(hereinafter called "Grantor") , hereby conveys unto the CITY OF
AMES, IOWA, a municipal corporation (hereinafter called "City") , a
perpetual easement and right-of-way under, over, on, through,
across and within the real estate described on Exhibit "A" attached
hereto (hereinafter called "Easement Area") , for the purpose of the
City constructing, reconstructing, repairing, replacing, enlarging,
inspecting and maintaining public utilities, together with all
necessary structures and appurtenances thereto, under, over, on,
through, across and within the Easement Area.
This Easement shall be subject to the following terms and
conditions:
1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS,
PLANTINGS OR MATERIALS PROHIBITED. Grantor ,shall not erect, any
fence or other structure (except a paved roadway, parking and/or
other utilities) under, over, on, through, across or within the
Easement Area without obtaining the prior written consent of the
City, nor shall Grantor cause or permit any obstruction, planting or
material to be placed under, over, on, through, across or within the
Easement Area without obtaining the prior written consent of the
City.
2. CHANGE OF GRADE PROHIBITED. Grantor shall not change the
grade, elevation or contour of any part of the Easement Area without
obtaining the prior written consent of the City.
3. RIGHT OF ACCESS. The City shall have the right of access
to the Easement Area and have all rights of ingress and egress
reasonably necessary for the use and enjoyment of the Easement Area
as herein described, including but not limited to, the right to
remove, without liability to the City, any unauthorized fences,
structures, obstruction, planting or material placed or erected
under, over, on, through, across or within the Easement Area.
4. LIABILITY. Except as may be caused by the negligent acts
or omissions of the City, its employees or agents, the City shall not
be liable for injury or property damage occurring in or to the
Easement Area, the property abutting said Easement Area, nor for
property damage to any improvements or obstructions thereon resulting
from the City's exercise of its rights herein granted or arising in
any manner from the existence of this Easement, or from the flowage
or drainage of water into, over, through, across, within or out of
said Easement Area. Grantor agrees to indemnify and hold City, its
employees, agents and representatives harmless against any loss,
damage or injury arising out of or resulting from the negligent or
intentional acts or omissions of Grantor or its employees, agents or
representatives.
5. EASEMENT BENEFIT. This Easement shall be for the benefit
of the City, the owners of the property abutting said Easement Area,
and the owners of property lying within the City.
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6. EASEMENT RUNS WITH LAND. This Easement shall be deemed to
run with the land and shall be binding on Grantor and on Grantor's
heirs, successors and assigns.
7. APPROVAL BY CITY COUNCIL. This Easement shall not be
binding until it has received the final approval and acceptance by
the Ames City Council by Resolution.
Grantor does HEREBY COVENANT with the City that (i) Grantor
holds said real estate described in this Easement by title in fee
simple; (ii) Grantor has good and lawful authority to convey the
same; and (iii) Grantor covenants to WARRANT AND DEFEND the said
premises against the claims of all persons whosoever.
Words and phrases herein including acknowledgement hereof shall
be construed as in the singular or plural number, and as masculine or
feminine gender, according to the context.
DATED this 17th day of June, 2004.
BLOOM:a]n
TST TOWNHOMES,
L.C. f Iowa l ' ed liability
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By:
John D. e, Secretary
STATE OF IOWA )
) ss:
COUNTY OF DALLAS )
On this 17th day of June, 2004, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
JOHN D. GAMBLE to me personally known, who being by me duly sworn
did say that he is Secretary of the Iowa limited liability company
executing the foregoing instrument, that no seal has been procured
by the limited liability company; that the instrument was signed on
behalf of the limited liability company by authority of its
managers; and that JOHN D. GAMBLE acknowledged the execution of the
instrument to be the voluntary act and deed of the limited
liability company by it voluntarily executed.
rin ed Name: S
Notary Public in and for s6lid State
USA MAJORS
Commission Number 713128
My Ires pt Z
EXHIBIT "A"
PUBLIC UTILITY EASEMENT
A 5-FOOT WIDE PUBLIC UTILITY EASEMENT IN OUTLOT `B' BLOOMINGTON HEIGHTS
WEST TOWNHOMES PLAT 2, AN OFFICIAL PLAT, CITY OF AMES, STORY COUNTY, IOWA
THAT IS CENTERED ON A LINE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID OUTLOT `B'; THENCE S00°00'00"E,
120.00 FEET TO A POINT ON THE EAST LINE OF SAID OUTLOT `B'; THENCE S45°00'00"W,
11.85 FEET TO THE POINT OF BEGINNING; THENCE WESTERLY ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 94.50 FEET, A CHORD BEARING OF N70°38'41"W AND AN ARC
LENGTH OF 62.83 FEET TO A POINT OF TANGENCY; THENCE N89°41'32"W, 347.43 FEET TO
A POINT OF CURVATURE; THENCE WESTERLY ALONG A CURVE TO THE LEFTHAVING A
RADIUS OF 114.50 FEET, A CHORD BEARING OF S82044'36"W AND AN ARC LENGTH OF
30.23 FEET TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 27.50 FEET, A CHORD BEARING OF N81038'48"W
AND AN ARC LENGTH OF 22.25 FEET TO A POINT OF REVERSE CURVATURE; THENCE
SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 42.50 FEET, A CHORD
BEARING OF S46046'50"W AND AN ARC LENGTH OF 110.89 FEET TO A POINT OF REVERSE
CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS
27.50 FEET,A CHORD BEARING OF S04047'31"E AND AN ARC LENGTH OF 22.25 FEET TO A
POINT OF REVERSE CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 114.50 FEET,A CHORD BEARING OF S13°34'54"W AND AN ARC
LENGTH OF 19.19 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 414.50 FEET,A CHORD BEARING
OF S06042'58"E AND AN ARC LENGTH OF 224.22 FEET TO A POINT OF COMPOUND
CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS
OF 314.50 FEET, A CHORD BEARING OF S24°34'42"E AND AN ARC LENGTH OF 25.97 FEET
TO A POINT OF TANGENCY; THENCE S26056'37"E, 110.30 FEET TO A POINT OF
CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS
OF 102.50 FEET,A CHORD BEARING OF S30000'36"E AND AN ARC LENGTH OF 10.97 FEET
TO A POINT OF REVERSE CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 369.50 FEET,A CHORD BEARING OF S30001'22"E AND AN
ARC LENGTH OF 39.39 FEET TO THE POINT OF TERMINUS
AND
COMMENCING AT THE NORTHEAST CORNER OF SAID OUTLOT `B'; THENCE S00°00'00"E,
120.00 FEET TO A POINT ON THE EAST LINE OF SAID OUTLOT `B'; THENCE S45000'00"W,
36.07 FEET TO THE POINT OF BEGINNING; THENCE WESTERLY ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 65.50 FEET, A CHORD BEARING OF N72007'00"W AND AN ARC
LENGTH OF 40.18 FEET TO A POINT OF TANGENCY; THENCE N89°41'32"W, 347.43 FEET TO
A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 85.50 FEET, A CHORD BEARING OF S49032'39"W AND AN ARC LENGTH OF
121.66 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG A
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` CURVE TO THE LEFT HAVING A RADIUS OF 385.50 FEET, A CHORD BEARING OF
S06042'58"E AND AN ARC LENGTH OF 208.53 FEET TO A POINT OF COMPOUND
CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS
OF 285.50 FEET,A CHORD BEARING OF S24°09'43"E AND AN ARC LENGTH OF 19.42 FEET
TO A POINT OF COMPOUND CURVATURE; THENCE EASTERLY ALONG A CURVE TO THE
LEFT HAVING A RADIUS 22.50 FEET, A CHORD BEARING OF S73050'46"E AND AN ARC
LENGTH OF 37.49 FEET TO A POINT OF TANGENCY; THENCE N58025'07"E, 17.90 FEET TO A
POINT OF CURVATURE; THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 414.50 FEET, A CHORD BEARING OF N69042'11"E AND AN ARC LENGTH OF
163.27 FEET TO A POINT OF COMPOUND CURVATURE; THENCE EASTERLY ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 854.50 FEET, A CHORD BEARING OF
N85053'27"E AND AN ARC LENGTH OF 146.25 FEET TO THE POINT OF TERMINUS
AND
COMMENCING AT THE SOUTHEAST CORNER OF SAID OUTLOT `B'; THENCE N00°00'00"E,
137.16 FEET TO THE POINT OF BEGINNING; THENCE WESTERLY ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 825.50 FEET, A CHORD BEARING OF S85054'17"W AND AN
ARC LENGTH OF 141.69 FEET TO A POINT OF COMPOUND CURVATURE; THENCE
WESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 385.50 FEET,A CHORD
BEARING OF S69042'11"W AND AN ARC LENGTH OF 151.85 FEET TO A POINT OF
TANGENCY; THENCE S58025'07"W, 14.79 FEET TO A POINT OF CURVATURE; THENCE
SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 22.50 FEET, A CHORD
BEARING OF S09043'31"W AND AN ARC LENGTH OF 38.24 FEET TO A POINT OF REVERSE
CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS
414.50 FEET, A CHORD BEARING OF S32°38'58"E AND AN ARC LENGTH OF 91.43 FEET TO
THE POINT OF TERMINUS
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