HomeMy WebLinkAboutA008 - Easement for public utilities and surface water flowage dated August 14, 2012 I
I Instrument:2012- 00010363
M Date:Sep OS►2012 02:22:21P
D Rec Fee: 15.00 E-Com Fee: 1.00
6 ' Aud Fee: .00 Trans Tax: .00
R Rer- Nanasement Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story County► Iowa
Susan L. Vande Kamp, County Recorder
copy
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
_ Return document to: VictoriaA.Feilmeyer,1416 BuckeyeAve.Ste.200,Ames,IA 50010
Document prepared by: VictoriaA.Feilnieyer,Attoineyat law,1416Buc1ceye Ave.Ste.200,Ames,IA50010-515-956-3900
EASEMEATT
KNOW ALL(PERSONS: The undersigned, The Ridge at Fountainview. I...C., an Iowa
manager-managed limited liability company, (hereinafter referred to as the "Grantor"), for
valuable consideration, does hereby grant unto the City of Ames.Iowa, a municipal corporaton,
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
adjacent 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 Fountainview Subdivision, Second 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 surface water flowage: The real property shown on Schedule "D"
attached hereto and by this reference made a part hereof.
The foregoing rights are granted by the Grantor and shall be accepted and exercised by
the Grantees 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 adjacent real estate caused by the failure to use due care in the exercise of the
granted rights.
2. TITLE WARRANTY. ' The Grantor warrants.to the Grantees that the Grantor holds the
Easement Area by title in fee simple.; that the Grantor has 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 instrument 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.
2
2012. IN WITNESS WHEREOF the undersigned has executed this instrument on August
THE AGE AT E®UNTA NVIEW,L.C.
a
BY:
Di on D. Jensen, a ager
STATE OF IOWA,COUNTY OF.STORY,SS.:
This instrument was acknowledged before me on August °} , 2012, by Dickson D. Jensen, as
Manager of The Ridge at Fountainview,L.C.
NOT P
EROK J.CHARTER
A � Commission Nunftr 191916
.6�' My Ccmrnisslo Explr=
fj� _I
' 3
Easement Descriptions
Fountainview Subdivision, Second Addition,Ames, Story County, Iowa.
Schedule A—Public Utilities Easements
The East 5 feet and the South 10 feet of Lot.1;AND,
That portion of Lot 1, described as follows: Beginning at the Northeast coiner of Lot 1; Thence
S00053'55"W,25.53 feet along the East line of Lot 1; Thence 48.05 feet along a 657.56 foot radius curve,
concave Northerly, with a long chord that bears N75°29'46"W, 48.04 feet; Thence N00°51'46"E, 19.44
feet to the North line of Lot 1;Thence S89°08'14"E,24.12 feet along the North line of Lot 1;Thence 23.19
feet along a 632.56 foot radius curve along the Northerly line of Lot 1, concave Northerly, with a long
chord that bears S76°04'40"E,23.18 feet to the Point of Beginning at the Northeast corner of Lot 1;AND,
The Northerly 20 feet,the South 10 feet, and the West 5 feet of Lot 2;
ALL IN,Fountainview Subdivision, Second Addition,City of Ames, Story County,Iowa.
Schedule E—Surface Water Flowage Easements
That portion of Lot 1,described as follows:Beginning at the Southeast corner of Lot 1; Thence 270.71 feet
along the South line of Lot 1,along a 3,722.29 foot radius curve,concave Northerly,with a long chord that
bears N80°42'10"W, 270.65 feet; Thence N54°02'50"W, 35.67 feet along the Southerly line of Lot 1;
Thence N00639'53"W, 27.34 feet; Thence S76°15'39"E, 38.18 feet to the beginning of a 3,682.29 foot
radius,concave Northerly, with.a long chord of S80°40'06"E,263.32 feet to the East line of Lot 1; Thence
S00053'55"W,40.25 feet along the East line of Lot 1 to the Point of Beginning at the Southeast corner of
Lot 1;AND,
The South 40 feet of Lot 2;
ALL IN,Fountainview Subdivision, Second Addition,_City of Ames,Story County,Iowa.