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Home My WebLink AboutA005 - Easement Grant dated July 3, 2008 RETURN TO: BRYAN KINNEER 202 SANDBERG CT AMES IA 50014 lnstrunent:?�1�JE- 1)0007782 /XM pate:Jui 11�=f�-?5,U i°57E,[on fee: 1.00 p Rey= fee: ,fjfi r, Aud Fee` .i3p Trans Tax: Rec hana9enent Fee: 1.00,�jii non-Standard F'a9e Fee: Filed for record in Story Countyr Iowa Susan L. Vande Kapp, County Recorder Prepared by and return to: Louis R.Hockenberg Sullivan&Ward,P.C. 6601 Westown Parkway,Suite 20 West Des Moines,IA 50266 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that Kinneer Development, LLC, does hereby grant the CITY OF AMES, IOW, the perpetual right to the following described easements: A. Public Utility Easement. Kinneer Development, LLC grants 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 8th Addition, Dauntless Subdivision, Ames, Iowa: (See Exhibit "A" attached hereto and made part hereof.) M , 44 4,5- Kinneer Development, LLC 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. Storm Sewer and Public Utility Easement. Kinneer Development, LLC further grants to the City of Ames, Iowa, the right to use the following described real estate as part of its storm sewer system over, under and across as well as public utilities described above. (See Exhibit "A" attached hereto and made part hereof.) all within 8th Addition, Dauntless Subdivision, Ames, Iowa, according to the General Terms and Conditions of paragraph E, below: 100106909.DOC} C. Storm Sewer and Storm Water Detention Easement. Kinneer Development, LLC further grants to the City of Ames, Iowa, the right to use the following described real estate as part of its storm sewer, surface drainage and detention system over, under and across. (See Exhibit "A" attached hereto and made part hereof.) all within 8th Addition, Dauntless Subdivision, Ames, Iowa, according to the General Terms and Conditions of paragraph E, below: D. Ingress/Egress Easement. Kinneer Development, LLC further grants to the City of Ames, Iowa, the right to use the following described real estate for the purpose of allowing rescue, fire and emergency vehicles to have access thereto, and to the general public as general means of ingress and egress thereon. (See Exhibit "A" attached hereto and made part hereof.) all within 8th Addition, Dauntless Subdivision, Ames, Iowa, according to the General Terms and Conditions of paragraph E, below: E. General Terms and Conditions. Kinneer Development, LLC, 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. 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: 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. G. 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 {00106909.DOC} P" 2 estate and adjoining real estate caused by failure to use due care in the exercise of the granted rights. Dated this—a day of TLA 2008. KINNEER DEVELOPMENT, LLC By:- -- NaW7' ems' STATE OF IOWA ) ✓J COUNTY OF AZI SS: On this 3 day of , 2008, before me, the undersigned, a Notary Public in for said State, personally appeared , to me personally known, who, being by me du y sworn, did say that the person is (insert title of executing member) of said limited liability compan , that (the seal affixed to said instrument is the seal of said) or (no seal has been procured by the said) limited liability company and that said instrument was signed (and sealed) on behalf of the said limited liability company by authority of its managers and the said Z�' acknowledged the execution of said instrument to be the voluntary act and eed of said limited liability company by it voluntarily executed. NOTARY PUBL IN AND FOR SAID STATE LOUIS R.HOCKENBERG Commialon Number 4910 MY Junem*si 201E"m MR" Py . 3 00106909.C OC) 8T" ADDITION, DAUNTLESS SUBDIVISION EXHIBIT "A" PUBLIC UTILITY EASEMENT LOT 1 THE WEST 10.00 FEET OF THE NORTH 2O7.00 FEET OF LOT 1, EIGHTH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA. LOT 2 THE NORTH 10.00 FEET AND THE WEST 10.00 FEET OF LOT 2, EIGHTH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND A PART OF SAID LOT 2, BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTHEASTERLY ALONG THE WEST LINE OF SAID LOT 2 AND A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 2467.18 FEET, WHOSE ARC LENGTH IS 120.61 FEET AND WHOSE CHORD BEARS NORTH 08023'36" EAST, 120.60 FEET; THENCE SOUTH 81°39'16" EAST, 10.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 81039'16" EAST, 147.49 FEET; THENCE NORTH 08°20'44" EAST, 69.31 FEET AND THE POINT OF TERMINUS; STORM SEWER AND PUBLIC UTILITY EASEMENT LOT 1 A PART OF LOT 1, EIGHTH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG THE WEST LINE OF SAID LOT 2 AND A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 2467.18 FEET, WHOSE ARC LENGTH IS 6.99 FEET AND WHOSE CHORD BEARS SOUTH 06054'56" WEST, 6.99 FEET; THENCE SOUTH 06049'50" WEST, 72.15 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 83°10'10" EAST, 162.40 FEET; THENCE SOUTH 06°49'50" WEST, 20.00 FEET; THENCE NORTH 83°10'10" WEST, 127.90 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE NORTH 06°49'50" EAST ALONG SAID WESTERLY LINE, 10.00 FEET; THENCE NORTH 83°10'10" WEST CONTINUING ALONG SAID WESTERLY LINE, 34.50 FEET; THENCE NORTH 06049'50" EAST CONTINUING ALONG SAID WESTERLY LINE, 10.00 FEET TO THE POINT OF BEGINNING. 8" ADDITION, DAUNTLESS SUBDIVISION EXHIBIT "A" STORM SEWER AND STORM WATER DETENTION EASEMENT LOT 1 A PART OF LOT 1, EIGHTH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 06°14'32" WEST ALONG THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 57.69 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 06°14'32" WEST CONTINUING ALONG SAID EASTERLY LINE, 63.67 FEET; THENCE SOUTH 56036'36" EAST CONTINUING ALONG SAID EASTERLY LINE, 271.96 FEET; THENCE SOUTH 88021'48" EAST CONTINUING ALONG SAID EASTERLY LINE, 236.57 FEET; THENCE SOUTH 01°38'28" WEST CONTINUING ALONG SAID EASTERLY LINE, 66.52 FEET; THENCE SOUTH 49°03'58" WEST CONTINUING ALONG SAID EASTERLY LINE, 74.31 FEET; THENCE SOUTH 87°31'45" WEST, 206.02 FEET; THENCE NORTH 48'58'34" WEST, 358.12 FEET; THENCE NORTH 83010'10" WEST, 45.89 FEET; THENCE NORTH 00°17'49" EAST, 55.76 FEET; THENCE NORTH 68050'19" EAST, 131.58 FEET TO THE POINT OF BEGINNING. INGRESS/EGRESS EASEMENT LOT 1 A PART OF LOT 1, EIGHTH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 06°14'32" WEST ALONG THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 47.55 FEET; THENCE NORTH 89048'03" WEST, 47.10 FEET; THENCE SOUTH 68053'02" WEST, 160.92 FEET; THENCE NORTH 81039'16" WEST, 139.29 FEET TO THE WEST LINE OF SAID LOT 1; THENCE NORTH 06049'50" EAST ALONG SAID WEST LINE, 25.00 FEET; THENCE SOUTH 81°39'16" EAST, 133.38 FEET; THENCE NORTH 68°53'02" EAST, 186.25 FEET; THENCE NORTH 06014'32" EAST, 15.65 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 83045'28' EAST ALONG SAID NORTH LINE, 30.00 FEET TO THE POINT OF BEGINNING. LOT 2 THE EAST 30.00 FEET OF LOT 2, EIGHTH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA.