HomeMy WebLinkAboutA004 - Easement Grant dated February 26, 2009 U g --
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V x� Instrument:2009- 00004852
i M Date-flay 05e2009 12:04:05F
D Rec Fee: 50.00 E-Com Fee: 1.00
E� f, Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
[ion-Standard Page Fee: .00
` Filed for record in Storg Countye Iowa
Susan L. Vande Kama? County Recorder
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Space above for recording data
By&Return To: Craig R. Hastings,Aft' 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, RANDY SEVDE, a married person, and
AG LEADER INDUSTRIAL PROPERTIES, LLC (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 with respect to Southern Hills West
Plat 2, Ames, Iowa. This.Easement Grant fully replaces the Easement Grant recorded
April 15, 2004 as Inst. No. 04-04428, except as stated below.
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 Plat 2,
Ames, Iowa, Ames,Iowa:
Lot No. Easement Area
Lot 1: The South 10'
The West 5'
A strip 10.00 feet in width across Lot 1 being situated 5.00
feet on each side of a centerline more particularly described
as follows: Beginning at the Northwest Corner of Lot 1;
thence S43°51'32"E, 358.78 feet to a point on the South line
of said Lot 1 which is 61.86 feet West of the Southeast
Corner thereof.
Lot 2: The South 10'
The Southwesterly 10'
The Northwesterly 5'
The East 5'
The Northerly 5'
Easement Grant P. 2
Lot 3: The Southwesterly 10'
The Southerly 5' adjacent to Lot 2
The South 10' adjacent to Airport Road
The East 10' adjacent to S. Riverside Drive
A strip 10.00 feet in width across Lot 3 being situated 5.00
feet on each side of a centerline more particularly described
as follows: Beginning at a point on the West line of said Lot 3
which is 67.49 feet North of the Southeast Corner of Lot 1;
thence S43°51'32"E, 92.78 feet to a point on the South line
of said Lot 3 which is 64.00 feet East of the Southeast
Corner of said Lot 1.
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 Plat 2, Ames, Iowa, Ames, Iowa:
Lot No. Easement Area
Lot 1: A strip 10.00 feet in width across Lot 1 being situated 5.00
feet on each side of a centerline more particularly described
as follows: Beginning at a point on the Westerly line of Lot 1
which is 11.01 feet Southerly of the Northwest Corner
thereof; thence S00002'48"E, 64.61 feet, and there
terminating.
Lot 2: A strip 10.00 feet in width across Lot 2 being situated 5.00
feet on each side of a centerline more particularly described
as follows: Beginning at a point on the Northeasterly line of
Lot 2 which is 4.02 feet Northwesterly of the Northeast
Corner thereof; thence S00°02'48"E, 13.55 feet to a point on
the Easterly line of Lot 2 which is 11.01 feet Southerly of the
Northeast Corner thereof, and there terminating.
Lot 3: A strip 10.00 feet in width across Lot 3 being situated 5.00
feet on each side of a centerline more particularly described
as follows: Beginning at a point on the Southerly line of Lot 3
which is 4.02 feet Northwesterly of Northeast Corner of Lot
2; thence N00002'48"W, 20.83 feet; thence N89045'58"E,
119.23 feet to a point on the East line of said Lot 3 which is
23.14 feet North of the Southeast Corner thereof, and there
terminating.
Easement Grant P. 3
C. WATER MAIN EASEMENT. Owner grants to the City of Ames, Iowa, the right to
construct, reconstruct, maintain and use its water mains and equipment underground,
across the following described real estate, all within Southern Hills West Plat 2, Ames,
Iowa, Ames, Iowa:
Lot No. Easement Area
Lot 1: Beginning at a point on the West line of said Lot 1 which is
31.76 feet North of the Southwest Corner thereof; thence
following the West and Northwesterly lines of said Lot 1
N00°14'39"W, 148.24 feet; thence N14°36'37"E, 6.03 feet;
thence departing said Lot line S00019'49"W, 154.08 feet to
the point of beginning.
Lot 2: Beginning at a point on the South line of said Lot 2 which is
0.32 feet West of the Southeast Corner thereof; thence
S89°28'07"W, 10.00 feet along said South line; thence
N00°19'49"E, 205.67 feet; thence N88031'02"W, 129.56 feet;
thence N01°28'58"E, 10.00 feet; thence S88°31'02"E,
139.36 feet; thence S00°19'49"W, 29.48 feet to a point on
the Easterly line of said Lot 2; thence following the East line
of Lot 2 S14036'37"W, 6.03 feet; thence S00°14'39"E,
148.24 feet; thence departing said line S00°19'49"W, 31.76
feet to the point of beginning.
A strip 10.00 feet in width across Lot 2 being situated 5.00
feet on each side of a centerline more particularly described
as follows: Beginning at a point on the Westerly line of Lot 2
which is 70.98 feet Northeast of the Southwest Corner
thereof; thence S86°37'27"E, 95.66 feet; thence
N81°16'37"E, 16.13 feet; thence N61°22'08"E, 14.19 feet;
thence N82°58'50"E, 50.16 feet to a point on the Southerly
line of Lot 2 which is 3.58 feet from a Southerly Corner
thereof, and there terminating.
Lot 3: A strip 10.00 feet in width across Lot 3 being situated 5.00
feet on each side of a centerline more particularly described
as follows: Beginning at a point on the Westerly line of Lot 3
which is 22.01 feet Northeast of the Southwest Corner
thereof; thence S86°37'27"E, 57.30 feet to a point on the
Easterly line of Lot 3 which is 70.98 feet Northeast of the
Southeast Corner thereof, and there terminating.
Easement Grant P. 4
D. 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 Plat 2, Ames, Iowa, Ames, Iowa:
Lot No. Easement Area
Lot 1: The North 20' of the South 30'
Lot 2: Lot 2: A strip 20.00 feet in width across Lot 2 being situated
10.00 feet on each, side of a centerline more particularly
described as follows: Beginning at a point on the East line of
said Lot 2 which is 20.00 feet North of the Southeast Corner
thereof; thence S89028'07"W, 294.41 feet to a point on the
Westerly line of Lot 2 which is 124.18 feet Northeast of the
Southwest Corner thereof, and there terminating.
Lot 3: The North 20.00 feet of the South 30.00 feet of the East
494.86 feet; and
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.
E. OTHER PRE-EXISTING EASEMENTS. The City of Ames also owns the following
easements, which affect the lots indicated.
Lot Easement Recorded Bk/Pq
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
The sanitary sewer easement referred to above is hereby modified and shall be
underground in the following described area:
Lot No. Easement
Lot 1: A strip 10.00 feet in width across Lot 1 being situated 5.00
feet on each side of a centerline more particularly described
as follows: Beginning at a point on the Northwesterly line of
Lot 1 which is 57.80 feet Southerly of the Northwest Corner
thereof; thence S67°18'34"E, 7.39 feet and there
terminating.
Lot 2: A strip 10.00 feet in width across Lot 2 being situated 5.00
feet on each side of a centerline more particularly described
Easement Grant p. 5
as follows: Beginning at a point on the Westerly line of Lot 2
which is 81.51 feet Southerly of the Northwest Corner
thereof; thence S67018'34"E, 153.89 feet to a point on the
Easterly line of Lot 2 which is 57.80 feet Southerly of the
Northeast Corner thereof, and there terminating.
Lot 3: A strip 10.00 feet in width across Lot 3 being situated 5.00
feet on each side of a centerline more particularly described
as follows: Beginning at a point on the Westerly line of Lot 3
which is 388.14 feet Northerly of the Southwest Corner
thereof; thence S67018'34"E, 50.76 feet to a point on the
Easterly line of Lot 3, and there terminating.
F. 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 Plat 2, Ames, Iowa, Ames, Iowa:
Lot No. Easement Area
Lot 3: The South 130.00 feet of the West 50.00 feet
1. Maintenance, Repair and Replacement. This ingress and egress
easement area shall be maintained, repaired and replaced by Owner as
provided below.
2. Ingress and Egress for Lot 2. Ingress to and egress from Lot 2 to the
public street may be over the easement area of Lot 3 described above.
The owner of Lot 2, the owner's assignees, transferees, agents,
employees, invitees or tenants (or their invitees) shall not park upon the
easement area nor impede access across the easement area.
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. The easement area already has road
surfaces constructed on it.
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.
Easement Grant P. 6
G. FRONTAGE ROAD. The area on the plat map of the Southern Hills West Plat 2,
Ames, Iowa shows an area labeled 20' Bike Path Easement (Frontage Road). This is a
part of the previously established easement for ingress and egress in the Easement
Grant recorded April 15, 2004 as Inst. No. 04-04428. It shall remain as such. The
description of that portion of that ingress-egress easement that was just for the bike
path and frontage road on the new plat map for Southern Hills West Plat 2 is:
Lot No. Easement
Lot 1: The North 20' of the South 30'
Lot 2: Lot 2: A strip 20.00 feet in width across Lot 2 being situated
10.00 feet on each side of a centerline more particularly
described as follows: Beginning at a point on the East line of
said Lot 2 which is 20.00 feet North of the Southeast Corner
thereof; thence S89°28'07"W, 294.41 feet to a point on the
Westerly line of Lot 2 which is 124.18 feet Northeast of the
Southwest.Corner thereof, and there terminating.
I. 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 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
Easement Grant p 7
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.
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
Easement Grant P. g
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.
K. 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.
L. 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.
M. 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.
End of Text. Signatures on Next Page.
Easement Grant p. 9
4 �-
Ma erite Sevde Warin Sevde
The Richard H. Sevde Trust
Margueri evde, Trustee R dy evde
Colleen Katerie Sevde
STATE OF IOWA, COUNTY OF STORY)
This instrument was acknowledged before me on 2009 by
MARGUERITE SEVDE. —401
BRIAN D.THOMPSON
Commission Number 734573
Ewipl
My Commission Expires Print name here: Qom;a D T . ^+pSo.,
May 19, 2011 Notary Public in and for said State and County
STATE OF IOWA, COUNTY OF STORY )
This instrument was acknowledged before me on Fe6 2009 by
MARGUERITE SEVDE as TRUSTEE of THE RICHARD H. SEVDE TRUST.
BRIAN D.THOMPSON
Commission Number 734573
My Commission Expires Print name here:
oW May 19, 2011 Notary Public in and for said StatepandrCounty
STATE OF IOWA, COUNTY OF STORY)
This instrument was acknowledged before me on F'e 6 Z6 , 2009 by KARIN
SEVDE. / 7
BRIAN D.THOMPSON
Commission Number 734573 Print name here: (��;Q„ P. 77,o fc.,
oW My Commission Expires Notary Public in and for said State nd County
May 19, 2011
STATE OF IOWA, COUNTY OF STORY )
This instrument was acknowledged before me on d� , 2009 by RANDY
SEVDE and COLLEEN KATERIE SEVDE.
Print name here:
Notary Public i d for said State nd County
C. R.HASTINGS
Common Number 13M1
oW�• My
Easement Grant P. 10
AG LEADER INDUSTRIAL PROPERTIES, LLC
by /
Herbert Allen Myers, Manager
STATE OF IOWA, COUNTY OF STORY)
This instrument was acknowledged before me on (UlcAyu ► Z 2009 by HERBERT
ALLEN MYERS as MANAGER of AG LEADER INDUSTRIAL PROPERTIES, LLC.
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Print name here: t autve'{q C. Jot(,0(p "Olrl
Notary Public in and for said State and County
q,IAL s, LAUREN E.JACOBS0�9
o" 9.commission Number 743504
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