HomeMy WebLinkAboutA038 - Easement Grant t
t
I Instrunent:2007- 00008020
M Date:Jul IM007 11:40:57A
D R.ec Fee: 35.00 E-Con Fee: 1A0t7
r Aud Fee: .00 Trans Tax: .00
R Rec Hanasenent Fee: 1.00
Non-Standard Rase Fee: .00
Filed for record in Rors Countsr Iowa
Susan L. Vande Yampr Counts Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by/Retum to: Patrick T.Burk,801 Grand,Suite 3700,Des Moines,IA 50309;515-246-5816
EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that Grand Center Partners,LLC and
North Grand Mall Partners, LLC("Owners")do hereby grant the CITY OF AMES, IOWA, the
perpetual right to the following described easements:
A. General Utility Easement. Owners,as their respective interests apply,grant to the City of
Ames, Iowa,the right to construct, reconstruct,maintain and use its electric lines, consisting of
poles, wires,overhead or underground cables,fixtures,anchors and other similar equipment,or
any part thereof, upon, underground, over or across the following described real estate, all
within the Streets of North Grand,an Official Plat,Ames,Iowa:
See attached Exhibit"A".
Grand Center Partners, LLC and North Grand Mall Partners, LLC further grant to the City of
Ames, Iowa, the right to permit other utility companies to construct and, in the salve manner,
maintain its utility facilities,jointly or severally upon,underground,over or across the real estate
as described above.
B. Storm Sewer and Surface Drainage Easement.Owners,as their respective interests apply,
further grant to the City of Ames,Iowa,the right to use the following described real estate as part
of its storm sewer and surface drainage system over,under and across:
See attached Exhibit"A"
all within the Streets of North Grand, an Official Plat, Ames, Iowa, according to the following
terms and conditions:
C. General Tennis and Conditions. Except as may be permitted and limited by the
Agreement described in Paragraph F, Owners, as their respective interests apply, its successors
and assigns,shall not:
1. erect any structures over or within the easement area without obtaining the prior
written approval of the City Engineer.
2. erect or cause to be placed on the easement area any structure, material device,
thing or matter which could possibly obstruct or impede the normal flow of surface water over
the easement area without obtaining the prior written approval of the City Engineer.
3. change grade, elevation or contour of any part of the easement area without
obtaining the prior written approval of the City Engineer.
D. Except as limited by the Agreement described in Paragraph F, 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 to 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
2. the right to improve,repair and maintain the easement area.
E. The foregoing rights are granted upon the express condition that users of the granted
rights will assume liability for all damage to the hereinbefore described real estate and adjoining
real estate caused by failure to use due care in the exercise of the granted rights.
F. Nothing contained in this Easement Grant shall be deemed to alter in any manner the
Agreement by and between the Owners' predecessors in interest and the City of Ames dated
March 18, 1971,filed April 15, 1971 and recorded in Book 115 at page 114 of the Story County
Records.
Dated this D day of yg(sE 2007.
GRAND CENTER PARTNERS,LLC NORTH GRAND MALL PARTNERS,LLC
By GK DEVELOPMENT,INC.,Manager By GK DEVELOPMENT,INC.,Manager
By� �,r By
Itsta-tsz�+ , Its tsfR+�Gtt�t .n�gT.1 -
-U-,/i101sl �GY7i�
STATE OF i9WA, SS:
This instrument was acknowledged before me on 2007,
byT4D`7=r arp.r xW s as of GK D elop le ,Inc., Manager
for Grand Center Partners,LLC.
OFFICIAL SEAL y Public i nd for said State and County
KAREN J TOBIN
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:10105109
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STATE OF ,SS: `
This instrument was acknowledged before me on Jy1 2007,
bY75�D 2�Gtlt(,� tS as cotj�R(1^ �pl�C I>hR_of GK Development,Inc., Manager
for North Grand Mall Partners,LLC.
OFFICIAL SEAL 4LOIZAA511�Z1
KAREN J TOBIN Not y P 'ublic and or said State and County
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/05a
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Exhibit"A"
Lot 1
10' Public Utility Easement
A 10'wide easement for public utilities,more particularly described as follows: Commencing at
the Southwest corner of Lot 2;Thence N 8991'27"E,5.63 feet along the South line of Lot 2 to
the Point of Beginning;Thence continuing N 89°31"27"E, 10.00 feet along the South line of Lot
2;Thence S 00°26'32"E,635.81 feet;Thence N 88°58'08"E,440.98 feet;Thence N 00°00'40"
E,631.56 feet to the South line of Lot 2,Thence N 89°31'27"E,3.45 feet;Thence S 00120'52"
E,29.62 feet;Thence S 90°00'00"E,6.36 feet;Thence S 00°00'40"W,611.78 feet;Thence S
88.58'13"W,460.90 feet;Thence N 00°26'32"W,645.89 feet to the Point of Beginning.
10' Storm Sewer Easement
A 10'wide easement for storm sewer,5'on each side of the pipe,the centerline being described
as follows:Commencing at the Northeast comer of Lot 1,Thence S 00°36'51"E,59.89 feet
along the East line of Lot 1 to the Point of Beginning;Thence S 29°16'22"W,324.94 feet;
Thence S 05°24'35"E,281.65 feet,with the sidelines being shortened or extended at both ends
of the easement to end at the property lines.
10' Electric Easement
A 10'wide easement,5' on each side of the electrical line,the centerline being described as
follows: Commencing at the Northeast comer of Lot 1,Thence S 00°36'51"E,266.53 feet
along the East line of Lot 1 to the Point of Beginning with the sidelines being shortened or
extended to meet the East line of Lot 1;Thence S 84°15'37"W,52.82 feet;Thence S 43°45'26"
W,93.75 feet.
10'Water Main Easement
A 10'wide easement for water main,centered on the water main,more particularly described as
follows:Commencing at the Southwest corner of Lot 1 on Ferndale Avenue;Thence N
00°30'38"W, 16.17 feet to the Point of Beginning;Thence continuing N 00°30'38"W, 10.00
feet;Thence N 89'02'11"E, 170.32 feet;Thence N 88°55'55"E, 161.51 feet;Thence N
77°37'47"E, 116.72 feet;Thence N 00'00'40"E,598.78 feet to the North line of Lot 1,Thence
N 89-31'27"E, 10.00 feet along the North line of Lot 1;Thence S 00°00'40"W,577.39 feet;
Thence S 89°59'20"E,26.50 feet;Thence S 00°00'40"W, 10.00 feet;Thence N 89°59'20"W,
26.50 feet;Thence S 00°00'40"W, 19.52 feet;Thence S 77°37'47"W, 125.75 feet;Thence S
88055'55"W, 162.51 feet;Thence S 89'02'11"W, 170.45 feet to the Point of Beginning.
10' Sanitary Easement
A 10'wide easement,centered on the sanitary sewer,more particularly described as follows:
Commencing at the Southwest corner of Lot 1 on Ferndale Avenue;Thence N 0090'38"W,
288.96 feet to the Point of Beginning;Thence continuing N 00°30'38"W, 10.00 feet;Thence N
88040'29"E,91.09 feet;Thence S 16°03'16"E,37.56 feet;Thence 90000'00"E,236.08 feet;
S 00000'00"E, 10.00 feet;Thence S 90°00'00"W,243.61 feet;Thence N 16003'16"W,37.38
feet;Thence S 88°40'29"W, 83.52 feet to the Point of Beginning on the West line of Lot 1.
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Lot 2
10'Water Main Easement
A 10' easement for water main,centered on the water main,more particularly described as
follows: Commencing at the Northeast corner of Lot 1,Thence N 0096'51"W,25.47 feet
along the East line of Lot 2 to the Point of Beginning;Thence continuing N 00°36'51"W, 10.00
feet;Thence S 89055'36"W,42.67 feet;Thence N 01'27'11"W, 181.39 feet;Thence N
90°00'00"W, 10.00 feet;Thence S 01'27'11"E, 191.41 feet;Thence N 89°55'36"E, 52.52 feet
to the Point of Beginning.
10'Electric Easement
A 10 feet wide easement,centered on the electrical line,more particularly described as follows:
Commencing at the Northwest corner of Lot 2,Thence N 88°44'45"E,452.85 feet along the
North line of Lot 2;Thence S 01°13'25"E, 118.39 feet;Thence S 899 1'12"W, 180.45 feet;
Thence S 00°28'48"E, 10.00 feet;Thence N 8991'12"E, 180.58 feet;Thence S 01°13'25"E,
45.39 feet to the building;Thence N 89°32'02"E, 10.00 feet;Thence N 01' 13'25"W, 173.91
feet to the North line of Lot 2;Thence S 88°44'45"W 10.00 feet to the Point of Beginning.
10'Electric Easement
A 10 feet wide easement,5 feet on each side of the following described centerline: Commencing
at the Northwest corner of Lot 2,Thence S 34'26'21"E,490.32 feet to the Point of Beginning
on the East line of an existing 10'Public Utility Easement;Thence N 899 1'12"E,73.51 feet;
Thence S 2295'48"E,41.92 feet;Thence N 901 00'00"W,55.04 feet;Thence S 00°00'00"E,
316.31 feet;Thence S 89°46'55"E,90.13 feet;Thence S 07°18'33"E, 119.71 feet;Thence N
90°00'00"W,94.50 feet;Thence S 01°35101"W,46.18 feet with the sidelines being extended or
shortened to meet the North line of a 10'Public Utility Easement.
10'Water Main Easement
A 10 feet wide water main easement,centered on the water main,more particularly described as
follows: Commencing at the Northwest corner of Lot 2,Thence N 88'44'45"E,285.75 feet to
the Point of Beginning on the North line of Lot 2;Thence S 0099'53"W, 125.66 feet;Thence S
01-19'54"E, 526.20 feet;Thence N 8718'36"W, 14.68 feet to the West line of Lot 2;Thence S
00-31'08"E, 10.01 feet along the West line of Lot 2;Thence S 87°18'36"E,24.66 feet;Thence
N 01'18'45"W,536.69 feet;Thence N 00°39'53"E, 125.87 feet to the North line of Lot 2;
Thence S 88°44'45"W, 10.01 feet to the Point of Beginning.
10'Public Utility Easement
A 10'wide easement for public utilities,more particularly described as follows: Commencing at
the Southwest corner of Lot 2;Thence N 8991'27"E,5.63 feet along the South line of Lot 2 to
the Point of Beginning;Thence continuing N 89°31'27"E, 10.00 along the South line of Lot 2;
Thence N 00°31'35"W, 161.84 feet;Thence S 90°00'00"E,24.15 feet to the existing building;
Thence N 00°00'00"E, 10.00 feet;Thence N 90°00'00"W,34.25 feet;Thence S 009 V35"E,
171.93 feet to the Point of Beginning.
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10'Water Main Easement
A 10 feet wide easement,centered on the water main,more particularly described as follows:
Commencing at the Northeast corner of Lot 2,Thence S 88°44'45"W,249.58 feet along the
North line of Lot 2 to the Point of Beginning;Thence continuing S 88°44'45"W, 10.00 feet;
Thence S 02104'46"E, 136.95 feet;Thence S 00°29'28"E,422.54 feet;Thence S 00°04'22"E,
114.13 feet;Thence N 89°58'04"W,30.34 feet;Thence S 00'01'56"W, 10.00 feet;Thence S
89058'04"E,30.36 feet;Thence S 00°04'22"E,404.72 feet;Thence S 60°37'29"W, 7.53 feet;
Thence S 00°00'40"W, 16.25 feet to the South line of Lot 2;Thence N 8991'27"E, 10.00 feet
along the South line of Lot 2;Thence N 00°00'40"E, 10.32 feet;Thence N 60°37'29"E,7.54
feet;Thence N 00°04'22"W, 173.14 feet to the South line of Lot 3;Thence S 90°00'00"W,
0.93 feet to the Southwest corner of Lot 3;Thence N 00°38'57 W,293.23 feet to the Northwest
corner of Lot 3;Thence N 89°35'41"E,3.88 feet along the North line of Lot 3;Thence N
00°04'22"W,68.32 feet;Thence N 00°29'28"E,422.75 feet;Thence N 02°04'46"W, 136.95
feet to the Point of Beginning on the North Line of Lot 2.
10'Water Main Easement
A 10'wide easement,centered on the water main,more particularly described as follows:
Commencing at the Northeast corner of Lot 3;Thence S 89°08'05"W, 18.61 feet to the Point of
Beginning on the North line of Lot 3;Thence continuing S 89°08'05"W, 13.87 feet;Thence N
43°28'21"E,32.15 feet to the East line of Lot 2;Thence S 00°53'33"E, 14.30 feet along the
East line of Lot 2;Thence S 43°28'21"W, 12.31 feet to the Point of Beginning.
10'Public Utility Easement
A 10'wide easement for public utilities,more particularly described as follows: Commencing at
the Northeast corner of Lot 3,Thence S 88°43'26"W, 10.00 feet along the North line of Lot 3 to
the East Line of Lot 2;Thence N 00°53'33"W,28.33 feet along the East line.of Lot 2 to the
Point of Beginning;Thence continuing N 00°53133"W, 11.40 feet along the East line of Lot 2;
Thence N 62'11'56"W,289.05 feet;Thence S 00'01'48"W,656.71 feet;Thence N 89°31'27"
E,3.45 feet;Thence S 00°20'52"E,29.62 feet;Thence S 90°00'00"E,6.36 feet;Thence N
00°00'40"E, 216.75 feet to the South Line of Lot 3;Thence N 90°00'00"W,4.62 feet along the
South line of Lot 3 to the Southwest comer of Lot 3;Thence N 00°38'57"W,293.23 feet along
the West line of Lot 3 to the Northwest corner of Lot 3;Thence N 89°35'41"E,8.79 feet along
the North line of Lot 3;Thence N 00°10'32"W, 159.68;Thence S 62011'56"E,277.89 feet to
the Point of Beginning on the East line of Lot 2.
10' Sanitary Sewer Easement
A 10'easement for sanitary sewer,centered on the sanitary sewer pipe,more particularly
described as;Commencing at the Northeast corner of Lot 1;Thence N 81°24'41"W,35.83 feet
to the Point of Beginning;Thence N00°43'27"W,211.42 feet;Thence N 90°00'00'W, 10.00
feet;Thence S 00°43'27"E,211.54 feet;Thence N 89°16'33"E, 10.00 feet to the Point of
Beginning.
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Lot 3
10'Water Main Easement
A 10'wide easement,centered on the water main,more particularly described as follows:
Commencing at the Northeast corner of Lot 3;Thence S 89°08'05"W, 18.61 feet to the Point of
Beginning on the North line of Lot 3;Thence continuing S 8995'41"W, 13.87 feet;Thence S
43°28'21"W,34.26 feet;Thence S 89°29'59"W,204.60 feet;Thence N 00°04'22"E,25.04 feet
to the North line of Lot 3;Thence S 89°35'41"W,3.88 feet'to the West line of Lot 3; Thence S
00038'57"E,293.23 feet to the Southwest corner of Lot 3;Thence S 90°00'00"E,0.93 feet
along the South line of Lot 3;Thence N 00°04'22"W,258.20 feet;Thence N 89°29'59"E,
201.87 feet;Thence S 01'27'11"E,260.05 feet;Thence S 90°00'00"E, 10.00 feet along the
South line of Lot 3; Thence N 01'27'11"W,263.15 feet;Thence N 43°28'21"E,43.93 feet to
the Point of Beginning.
10' Sanitary Sewer Easement
A 10' easement for sanitary sewer,centered on the sanitary sewer pipe,more particularly
described as;Commencing at the Northeast comer of Lot 3;Thence S 80°59'53"W,36.72 feet
to the Point of Beginning;Thence S 88'44'15"W, 10.00 feet;Thence S 00°43'27"E,289.29
feet;Thence S 90°00'00"E, 10.00 feet;Thence N 00°43'27"W,289.51 feet to the Point of
Beginning.
10'Public Utility Easement
A 10'wide easement for public utilities,more particularly described as follows: Beginning at
the Northwest corner of Lot 3;Thence N 89°35'41"E,8.79 feet;Thence S 00°09'57"W,293.28
feet;Thence N 90°00'00"W,4.62 feet to the West line of Lot 3;Thence N 00038'57"W,293.23
feet along the West line of Lot 3 to the Point of Beginning.
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