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Home My WebLink AboutA009 - Easements David W. Benson NJremaster Law Firm PC 1416 Buckeye Ave, Ste. 200 AMES IA 50010-8070 z instrument:2011- 00007223 h Date:Aus 01t2011 01:35:19F Rec Fee: 20.00 E-Com Fee: 1.00 Aud Fee: .00 Trans Tax: .00 Rec Manasevent Fee: 1.00 Non-Standard Pose Fee: .00 Filed for record in Story Countut Iowa Susan L. Vande Kampy County Recorder A 7t rf' -77VrrTF,.�,1r`V T 'a F,,37'T: '7107_7, Return document to: David W.Benson, 1416 Buckeye Avenue,Ste.200,Ames LA 50010(515)956-3900 Document prepared by: David W.Benson,Attorney at law, 1416 Buckeye Ave.Ste.200,Ames,LA 50010—515-956-3900 EASEMENTS KNOW ALL PERSONS: The undersigned, LITHE DEVELOPMENT COMPANY, L.L.C. an Iowa limited liability company,(hereinafter referred to as the"Grantors"), for valuable consideration,does hereby grant unto the City of Ames, Iowa,a municipal corporation, its successors and assigns(hereinafter referred to as the"Grantees"), 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 together with a perpetual right of ingress and egress between said Easement Area from ad- jacent public rights-of-way. The Easement Area is a strip of land situated in Story County, Iowa,as shown on the final plat drawing of Northridge Heights Subdivision Fourteenth Addition,Ames,Story County, Iowa,and described as follows: For use of a public utility easement for distributing electricity and such other general utilities as may be distributed under franchise of the City of Ames: The real property shown on Schedule"A" attached hereto and by this reference made a part hereof. For use of a pedestrian walkway easement: The real property shown on Schedule"B" attached hereto and by this reference made a part hereof. For use of a shared use path easement: The real property shown on Schedule"C" at- tached hereto and by this reference made a part hereof. The foregoing rights are granted by the Grantors and shall be accepted and exercised by the Gran- tee subject to the following terms and conditions: 1. DUE CARE. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the real estate described herein and any adja- cent real estate caused by the failure to use due care in the exercise of the granted rights. 2. TITLE WARRANTY. The Grantors warrant to the Grantee that the Grantors hold the Easement Area by title in fee simple;that the Grantors have good and lawful authority to grant the easement rights herein provided for. 3. INTERPRETATION. 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 instru- ment 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 has executed this instrument on��WN 2011. I EASEMENTS Page 2 UTHE DEVELOPMENT COMPANY, L.L.C. BY: BY: Charles E. Winkleblack, Manager Dean E.Ylunziker, Manager STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me o I , 2011, by Charles E. Win- kleblack and Dean E. Hunziker as managers Uthe Development Co ply, L.L.C. bkmIf. 6.1 DMMSUNTM NOTARY PUBLIC MY Page 3 SCHEDULE"A" Public Utility Easement Location THE SOUTH 10 FEET; AND ALSO THE NORTHEAST 10 FEET, AND ALSO THE WEST 10 FEET; AND ALSO THE NORTHERLY 15 FEET, AND ALSO THE EAST 10 FEET, ALL IN LOT 1, NORTHRIDGE HEIGHTS SUBDIVISION, FOURTEENTH ADDITION TO THE CITY OF AMES,STORY COUNTY,IOWA; AND ALSO; A TRACT OF LAND IN LOT 1, NORTHRIDGE HEIGHTS SUBDIVISION, FOURTEENTH ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA; COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1: THENCE N00°10'46"W,488.10 FEET ALONG THE WEST LINE OF SAID LOT 1 TO THE POINT OF BEGINNING;THENCE CONTINUING N00°10'46"W, 10.00 FEET ALONG THE WEST LINE OF SAID LOT 1; THENCE N90°00'00"E, 130.15 FEET; THENCE N00°09'05"W, 46.01 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE 52.03 FEET ALONG A 1,550 FOOT RADIUS CURVE,CONCAVE NORTHERLY, LONG CHORD BEARS N73048'56"E,52.02 FEET; THENCE S00009'05"E, 42.91 FEET; THENCE S09°59'04"E, 69.40 FEET, THENCE N76°11'54"E,256.76 FEET, THENCE N66°54'11"E,79.38 FEET, THENCE N48°18'44"E, 79.38 FEET; THENCE N27°24'53"E, 61.28 FEET, THENCE N34°40'36"W, 41.97 FEET, THENCE N29°40'58"E, 125.04 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE 3.69 FEET ALONG A 1,550 FOOT RADIUS CURVE ALONG THE NORTHERLY LINE OF SAID LOT 1, CONCAVE NORTHERLY, LONG CHORD BEARS N53°39'38"E, 3.69 FEET TO THE NORTHERN MOST CORNER OF SAID LOT 1; THENCE 8.52 FEET ALONG A 750 FOOT RADIUS CURVE ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, CONCAVE NORTHEASTERLY, LONG CHORD BEARS S63°54'33E, 8.52 FEET; THENCE S29°40'58"W, 122.65 FEET; THENCE S34°40'36"E, 41.70 FEET; THENCE S27°24'53"W, 79.55 FEET, THENCE S00°57'25"E, 42.31 FEET; THENCE S20000'36"E, 54.93 FEET; THENCE S00009'05"E, 158.82 FEET; THENCE N88°04'00"E, 86.44 FEET, THENCE N40°02'33"E, 50.50 FEET TO THE EAST LINE OF SAID LOT 1; THENCE S00 3813 E, 15.34 ALONG THE EAST LINE OF SAID LOT 1; THENCE S40°02'33"W, 43.32 FEET; THENCE S88004'00"W, 91.20 FEET, THENCE S00°09'05"E,200.23 FEET; THENCE S89°50'55"W,466.32 FEET; THENCE N00°09'05"W, 375.26 FEET; THENCE N90°00'00"W, 130.15 FEET TO THE POINT OF BEGINNING ON THE WEST LINE OF SAID LOT 1; EXCEPT; EXCEPTION#1 COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE N33°14'14"E, 326.92 FEET TO THE POINT OF BEGINNING OF EXCEPTION #1; THENCE N00°09'05"W, 119.54 FEET, THENCE N76°11'54"E, 343.15 FEET; THENCE S58°48'06"E, 38.48 FEET; THENCE S00009'05"E, 172.84 FEET, THENCE S84°17'32"W, 79.11 FEET; THENCE S89°50'55"W, 287.58 FEET TO THE POINT OF BEGINNING OF EXCEPTION#1; AND ALSO EXCEPT, EXCEPTION#2 COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE N53°28'40"E, 223.44 Page 4 FEET TO THE POINT OF BEGINNING OF EXCEPTION #2; THENCE N00°09'05"W, 130.47 FEET; THENCE N89050'55"E, 282.82 FEET; THENCE S00009'05"E, 130.47 FEET; THENCE S89"50'55"W, 282.82 FEET TO THE POINT OF BEGINNING OF EXCEPTION#2; AND ALSO EXCEPT; EXCEPTION#3 COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE N74011'29"E, 490.95 FEET TO THE POINT OF BEGINNING OF EXCEPTION #3; THENCE N00°09'05"W, 130.93 FEET, THENCE N84036'42"E, 73.81 FEET; THENCE S00009'05"E, 137.67 FEET; THENCE S89°50'55"W, 73.50 FEET TO THE POINT OF BEGINNING OF EXCEPTION#3. All in Lot 1,Northridge Heights Subdivision Fourteenth Addition,Ames,Story County,Iowa. SCHEDULE"B" Pedestrian Easement Location THE WEST 10 FEET OF LOT 1, NORTHRIDGE HEIGHTS SUBDIVISION, FOURTEENTH ADDITION TO THE CITY OF AMES,STORY COUNTY,IOWA; SCHEDULE"C" Shared Use Path Easement Location THE NORTHERLY 15 FEET OF LOT 1, NORTHRIDGE HEIGHTS SUBDIVISION, FOURTEENTH ADDITION TO THE CITY OF AMES,STORY COUNTY,IOWA;