HomeMy WebLinkAboutA005 - Easement Grant dated February 10, 2010 a
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o knO J Instrument:2010- 00008597
a M Date:Sea 09:2010 ►71:49:48F
o (� D Rec Fee: 40.00 E-Com Fee: 3.00
G Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story Countyt Iowa
a Susan L. Vande ramp► County Recorder
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EASEMENT GRANT
PREPARER
INFORMATION: Clifford Swartz, Attorney at Law, 6701 Westown Parkway, Ste. 100,
West Des Moines, Iowa 50266 (515) 274-1450
RETURN TO: Clifford Swartz, Attorney at Law, 6701 Westown Parkway, Ste. 100,
West Des Moines, Iowa 50266
LEGAL DESCRIPTION: See Pages 5,6,7, & 8
Grantor: Kellie M. Markey Revocable Trust
Grantee: City of Ames, Iowa.
STORY COUNTY RECORDER
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:
EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that KELLIE M. MARKEY,
TRUSTEE OF THE KELLIE M. MARKEY REVOCABLE TRUST, does hereby grant the
CITY OF AMES, IOWA, the perpetual right to the following described easements within the
Airport Business Park subdivision :
A. a Public Utility Easement. KELLIE M. MARKEY, TRUSTEE OF THE KELLIE M.
MARKEY REVOCABLE TRUST 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 AIRPORT BUSINESS
PARK Subdivision,Ames, Iowa:
Lot No. Easement Area
SEE ATTACHED EXHIBIT A
KELLIE M, MARKEY, TRUSTEE OF THE KELLIE M. MARKEY REVOCABLE
TRUST 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, Water and Surface Water Easement. KELLIE M. MARKEY, TRUSTEE
OF THE KELLIE M. MARKEY REVOCABLE TRUST further grants 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 the following described real estate:
Lot No. Basement Area
SEE ATTACHED EXHIBIT
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C. Sanitary Sewer Easement. KELLIE M. MARKEY, TRUSTEE OF THE KELLIE M.
MARKEY REVOCABLE TRUST further grants to the City of Ames, Iowa the right to use the
following described real estate as part of its sanitary sewer system over, under and across the
following described real estate:
Lot No. Easement Area
SEE ATTACHED EXHIBIT A
C. General Terms and Conditions. KELLIE M. MARKEY, TRUSTEE OF THE KELLIE
M. MARKEY REVOCABLE TRUST, 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. 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.
P��3
Dated this b day of F-6-r , 2010.
OWNER
KELLIE M. MARKEY REVOCABLE TRUST
By:
Kellie M. Markey, ru tee
STATE OF IOWA, STORY COUNTY
This instrument was acknowledged before me on / ,by
Kellie M. Markey, Trustee.
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40tarvy Public in and for said State and County
LINDA D POLLOCK
Commission Number 176906
My Commission Expires
rown November 14,2012
Pay� I
EXHIBIT A
Airport Business Park Easements
Public Utility Easements
Lot 1: The South 10.00 feet
The Southwest 10.00 feet
Lot 2: The South 10.00 feet
The Southeast 10.00 feet
Lot 3: The East 10.00 feet
The North 10.00 feet
The Northeast 10.00 feet
Lot 4: The West 10.00 feet
The North 1'0.00 feet
The Northwest 10.00 feet
Water Easements
Lot 1: Beginning at a point on the West line of Lot 1 which is 45.06 feet North of the
Southwest Corner thereof; thence N00°00'00"E, 10.00 feet along the West line of
said Lot 1; thence S89051'26"E, 45.03 feet; thence S0000834"VV, 10.00 feet;
thence N89051'26"W, 19.70 feet; thence S00°00'00"W, 50.11 feet to the
Southwest line of said Lot 1; thence Northwesterly, 10.54 feet along the arc of
the Southwest line of said Lot 1; thence N00°00'00"E, 46.84 feet; thence
N89°51'26"W, 15.30 feet to the point of beginning.
Lot 2: Beginning at a point on the East line of Lot 2 which is 45.06 feet North of the
Southeast Corner thereof; thence N89051'26"W, 25.00 feet; thence N00008'34"E,
10.00 feet; thence S89°51'26"E, 24.97 feet to the East line of said Lot 2; thence
S00000'00"W� 10.,00 feet to the point of beginning. n 5
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Storm Sewer Easements
Lot 1: The West 10.00 feet, except the North 44.47 feet thereof.
Lot 2: The East 10.00 feet, except the North 44.47 feet thereof.
Beginning at a point on the North line of Lot 2 which is 161.55 feet Easterly of the
Northwest Corner thereof; thence S07°10'52"E, 51.41 feet; thence N83009'19"E,
10.00 feet; thence N07°10'52'W, 51.16 feet to the North line of Lot 2; thence
S84035'02'W, 10.00 feet along said line to the point of beginning.
Lot 4: Beginning at the Northwest Corner of Lot 4; thence Southeasterly, 14.09 feet
along the arc of the Northwest line of said Lot 4; thence S83°02'54"E, 40.61 feet;
thence N06°57'06"E, 20.00 feet; thence N83002'54'W, 42.66 feet to a point on
the Northwest line of said Lot 4; thence S45°08'01"W, 12.93 feet to the point of
beginning.
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Sanitary Sewer Easements
Lot 1: Beginning at a point on the West line of Lot 1 which is 65.19 feet South of the
Northwest Corner thereof; thence S00°00'00"W, 30.05 feet along said West line;
thence N86035'34"E, 45.65 feet; thence N03024'26"W, 30.00 feet; thence
S86035'34"VV, 43.86 feet to the point of beginning.
Lot 2: The West 30.00 feet
Commencing at a point on the North line of Lot 2 which is 30.14 feet Easterly of
the Northwest Corner thereof; thence S00°02'47"VV, 54.54 feet along a line 30.00
feet distant from and parallel with the West line of said Lot 2 to the point of
beginning; thence continuing S00002'47"W, 30.05 feet; thence N86035'34"E,
302.36 feet to the East line of said Lot 2; thence N00°00'00"E, 30.05 feet along
said line; thence S86035'34"W, 302.34 feet to the point of beginning.
Lot 3: The West 30.00 feet
Surface Water Easements
Lot 2: The East 30.00 feet of the West 60.00 feet of Lot 2 lying South of the following
described line: Beginning at a point on the West line of said Lot 2 which is 83.54
feet South of the Northwest Corner thereof; thence N86035'34"E, 332.42 feet to
the East line of said Lot 2, and there terminating.
Lot 3: The North 20.00 feet
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