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Home My WebLink AboutA004 - Easement dated November 23, 2005 /;Vinstrument:2005- 0001555L M Date:Dec 15r2005 03:19:53P D Rec Fee: 25.00 E-Con Fee: 1.00 G/ Aud Fee: .00 Trans Tax: .00 !R' Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story Countgr Iowa Susan L. Vande Kaman County Recorder INSTRUMENT PREPARED BY: David W.Benson, 1416 Buckeye Ave.,Ames IA 50010(Tel: 233-3009 RETURN DOCUMENT To: David W.Benson, 1416 Buckeye Ave.,Ames IA 50010 EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned, RAPHAEL FURMAN, L.L.C., and ERBEN HUNZIKER AND MARGARET HUNZIKER APARTMENTS, L.L.C., each being an Iowa limited liability company, hereinafter referred to as the GRANTOR, for good and valuable consideration, do hereby grant unto the City of Ames, Iowa, a 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 Western Hills Subdivision,Ames,Iowa,and described as shown on Exhibit "A — paizes 1, 2 and 3", attached hereto, for use in distributing electricity, for water main purposes,and such other general utilities as may be distributed under franchise of the City of Ames, Iowa: The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. The Grantor, as the fee simple owner of the underlying real estate, and the Grantor's 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 customary 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 Grantor 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. -2- 4. TITLE WARRANTY. The Grantor warrants to the Grantee that the Grantor holds the Easement Area by title in fee simple; that the Grantor has 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 except as may be described in the Mortgagee's Subordination attached hereto. 5. CONSTRUCTION. 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 instrument 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 undersigned have executed this instrument on November 2-77 ,2005. RAPHAEL FURMAN,L.L.C. ERBEN HUNZIKER AND MARGARET JR2T;N4TS, .L.C. By By (Print name and title) (Print a and title STATE OF IOWA,COUNTY OF STORY, SS: This instrument was r acknowledged before me on /6V. 2005, by as Manager of Raphael Furm�,L.L.C. �PA�AI S� DAVID W. BENSON ��L"""�� Z _ � COMMfSS[CN �:o. ,1;: -� * MY COM,"IISSl0,^J Notary Public IOWA STATE . This instrument was acknowledged before me on /t �. 73 2005, by "OP as Manager of Erben Hunziker and Margaret Hunziker Apartments, Notary Public PTjAt s DAVID W. BENSON ,* 11230 0 9 COMMISSION NO. 1 Z r * MY COMMISSION EXPIRES /OWA y-zv—zav�' U . t -� ENGINEERING PLUS, INC. 612 Fifth Street Ames, Iowa 50010-6005 (515)232-8653 FAX (515)233-5976 Kenneth D.Janssen,P.E.,L.S. Engineers Randy D. Lueth,ASLA Landscape Architects Craig L. Nelson, P.E. Land Surveyors EASEMENT DESCRIPTIONS Lot 1 Western Hills Subdivision Electrical Easements: A permanent easement, Ten (10) foot wide, across Lot One (1), Western Hills Subdivision, in the City of Ames, Story County, Iowa; Five feet on each side of the following described centerlines: "Commencing at the (most westerly) Northwest (NW) corner of said Lot 1; thence S 22° 38' 13" W, 5.00 feet to the Point of Beginning; thence Southeasterly, along a 120.00 foot radius curve, concave northeasterly, an arc distance of 47.41 feet (the long chord bears S 78' 40' 53" E, 47.10 feet); thence S 900 00' 00" E, 104.70 feet along a line parallel with and 5 feet South of the north line of Lot 1; thence S 460 08' 46" E, 33.19 feet; thence S 57° 46' 20" E, 82.30 feet; thence N 830 19' 41" E, 11.91 feet (to a point designated "E"); thence continuing N 83' 19' 41" E, 22.65 feet; thence S 810 41' 34" E, 115.70 feet; thence S 75' 24' 43" E, 39.89 feet (to a point designated "F"); thence N 44° 07' 18" E, 13.05 feet; thence N 63' 12' 16" E, 46.79 feet; thence N 730 26' 40" E, 58.83 feet; thence N 01° 21' 47" E, 13.66 feet; thence N 51° 19' 57" E, 66.27 feet to the Point of Ending." AND "Beginning at a point designated "F".; thence N 11° 08' 11" E, 28.33 feet; thence N 28° 31' 57" W, 100.40 feet; thence N 150 37' 35" W, 123.26 feet (to a point designated "G"); thence N 00' 00' 00" W, 85.94 feet to the Point of Ending." AND "Beginning at a point designated "G"; thence N 850 01' 03" E, 65.56 feet; thence S 77° 32' 13" E, 36.71 feet to the Point of Ending." AND "Beginning at a point designated "E"; thence S 03' 13' 00" E, 18.12 feet to the Point of Ending." ¢��.pwLENG.W�.•a�. 1 KENNE H D. t� '""SSE"e,� m� #nneth D. Jan en P.E., L.S. License Renewal 12-31-05 A August 25, 2005 Engineering Plus, Inc. EXHIBIT EP-File # 78006-081Western.Hills.Lot-1.Eas C ' 1 I` ENGINEERING PLUS, INC. 612 Fifth Street Ames, Iowa 50010-6005 (515)232-8553 FAX (515)233-5976 Kenneth D.Janssen, P.E.,L.S. Engineers Randy D. Lueth,ASLA Landscape Architects Craig L. Nelson, P.E. Land Surveyors EASEMENT DESCRIPTIONS Lot 2 Western Hills Subdivision Water Main Easements: A permanent easement, Ten 00) foot wide, across Lot Two (2), Western Hills Subdivision, in the City of Ames, Story County, Iowa; Five feet on each side of the following described centerlines: "Commencing at the Northwest (NW) corner of said Lot 2; thence S 900 00' 00" E, 75.86 feet to the Point of Beginning; thence S 000 34' 58" W, 13.95 feet (to a point designated "B"); thence N 89' 47' 43" E, 218.06 feet (to a point designated "C"); thence continuing N 890 47' 43" E, 4.72 feet (to a point designated "D"); thence continuing N 890 47' 43" E, 35.78 feet; thence S 70' 58' 01" E, 35.47 feet; thence S 89' 47' 52" E, 27.14 feet to the Point of Ending." AND "Beginning at a point designated "B"; thence S 000 37' 40" E, 63.83 feet to the Point of Ending." AND "Beginning at a point designated "C"; thence S 410 40' 44" W, 87.30 feet; thence S 48° 19' 16" E, 11.05 feet to the Point of Ending." AND j "Beginning at a point designated "D"; thence N 02' 27' 37" W, 13.17 feet to the Point of Ending." Electrical Easements: A permanent easement, Ten (10) foot wide, across Lot Two (2), Western Hills Subdivision, in the City of Ames, Story County, Iowa; Five feet on each side of the following described centerlines: "Commencing at the Northwest (NW) corner of said Lot 2; thence S 90' 00' 00" E, 104.23 feet to the Point of Beginning; thence S 070 37' 23" E, 2.01 feet; thence S 34° 05' 13" E, 74.18 feet; thence S 24' 20' 50" E, 25.67 feet; thence S 020 12' 14" W, 54.23 feet; thence N 53' 25' 46" E, 83.97 feet; thence N 31° 34' 18" E, 37.29 feet; thence N 540 00' 20" E, 78.15 feet; thence N 840 55' 51" E, 37.75 feet; thence S 650 53' 45" E, 28.22 feet; thence S 440 38' 38" E, 66.69 feet to a Point of Ending." AND "Commencing at the (most easterly) Northeast (NE) corner of Lot 2; thence S 22° 38' 13" W, 5.00 feet along the east line of Lot 2 to the Point of Beginning-, thence Northwesterly, along a 120.00 foot radius curve, concave northeasterly, an arc distance of 47.58 feet ( the long chord bears N 560 00' 13" W, 47.27 feet), to a Point of Ending." ' f KENNETH G. - JANSSEN ` e, :ao Kenneth D. Jan sen P.E., L.S. ...,,A...•* License Renewal 12-31-05 August 24, 2005 Engineering Plus, Inc. EXHIBIT EP-File # 78006-081Western.Hills.Lot-2.Eas ,A 2 " �� i i ENGINEERING PLUS, INC. 612 Fifth Street Ames, Iowa 50010-6005 (515)232-8553 FAX (515)233-5976 Kenneth D.Janssen, P.E.,L.S. Engineers Randy D. Lueth,ASLA Landscape Architects Craig L. Nelson, P.E. Land Surveyors EASEMENT DESCRIPTIONS Lot 3 Western Hills Subdivision Water Main Easements: A permanent easement, Ten (10) foot wide, across Lot Three (3), Western Hills Subdivision, in the City of Ames, Story County, Iowa; Five feet on each side of the following described centerlines: "Commencing at the Northeast (NE) corner of said Lot 3; thence N 90" 00' 00" W, 206.07 feet to the Point of Beginning; thence S 030 20' 12" W, 10.02 feet; thence N 90° 00' 00" W, 102.89 feet; thence S 000 34' 58" W, 78.34 feet (to a point designated "A"); thence continuing S 000 34' 58" W, 87.15 feet to the Point of Ending." AND "Beginning at a point designated "A"; thence S 89' 25' 02" E, 13.39 feet to the Point of Ending." AND "Commencing at the Southeast (SE) corner of Lot 3; thence N 900 00' 00" W, 90.44 feet to the Point of Beginning; thence N 02' 27' 37" W, 21.19 feet to the Point of Ending." Electrical Easements: A permanent easement, Ten (10) foot wide, across Lot Three (3), Western Hills Subdivision, in the City of Ames, Story County, Iowa; Five feet on each side of the following described centerline: "Commencing at the Northeast (NE) corner of said Lot 3; thence N 900 00' 00" W, 195.92 feet to the Point of Beginning; thence S 03' 55' 53" W, 1.09 feet; thence N 900 00' 00" W, 64.82 feet; thence S 770 02' 58" W 23.51 feet; thence S 87' 42' 21" W 21.65 feet; thence S 07' 37' 23" E, 169.76 feet to the Point of Ending." �F�• Off• i w KENNEfH D.oJ•'u'a JA 736 N m3 Kenneth D. Jans�n P.E., L.S. .o License Renewal 12-31-05 /OINA August 24, 2005 Engineering Plus, Inc. FEXHIBIT EP-File # 78006-08\Western.Hills.Lot-3.Eas � 3