HomeMy WebLinkAboutA008 - Easements for Ingress and Egress dated June 11, 2012 I Instrument:2012- 00007995
H Date:Jul 19,2012 12:19:42P
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Filed for record in Story County, !ova
Susan L. Vande Kama, County Recorder
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,Attomey at law,1416BuckeyeAve.,Ste.200,Ames,IA 50010—515-956-3915
Document prepared by: VictoriaA.Feilmeyer,Attomey at law,1416 Buckeye Ave.,Ste.200,Ames,IA 50010—515-956-3915
EASEMENT
KNow ALL PERSONS: Green Hills Residents'Association, an Iowa non-profit corporation,
(hereinafter referred to as the "Grantor"), for valuable consideration, does hereby grant to Green Hills
Health Care Center,Inc.,its successors and assigns(hereinafter referred to as the"Grantee") as owner of
of the following described real property:
Shown on the attached"Exhibit A"(the"Benefited Properly")
a perpetual,non-exclusive easement over and across the following described real property:
Shown on the attached"Exhibit B"(the"Easement Area")
for the purpose of ingress to and egress from the Benefited Property by the Grantee and the invitees, ten-
ants, agents, and contractors. The foregoing rights are granted by the Grantor and shall be accepted and
exercised by the Grantee subject to the following terms and conditions:
1. OBSTRUCTIONS PROHIBITED. Neither Grantor nor Grantee shall obstruct the Easement Area.
2. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument to the Grantee are
nonexclusive. This instrument shall not preclude the Grantor from granting similar easement
rights to third parties upon terns and conditions that do not impair or diminish the rights granted
under this instrument to the Grantee.
3. CITY APPROVAL. The City of Ames,Iowa approves the cross-easements herein as satisfying the
City's public right-of-way access'conditions fof building and occupancy permits and zoning ap-
proval. Grantors and Grantees agree that they shall not release,terminate, alter, or materially di-
minish the easement rights granted herein without the consent of the City of Ames,Iowa.
4. 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.
I WITNESS WHEREOF the undersigned has executed this instrument on the day of
k)L ,2012.
ACCESS EASEMENT Page 2
GREEN HILLS RESIDENTS'ASS CIATION
BY: BY:
/��
Charles R.Kniker,President Etha S.Hutchcroft,Secretary
CITY OF AMES,IOWA
BY: ��►,� fiy��
B
Ann H.Campbell,Mayor ✓ Diane R.Voss,City Clerk
(Seal)
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on the day of 2012 by
Charles R.Kniker and Etha S.Hutchcroft as president and secretary of Green Hills Residents'Association.
RODNEY L.COPPLE
: Commission Number 172708
• op
icy Commission Expires
wl% I— (Y-lY NOT RYPUBLIC
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on the at day of ,2012 by Ann
H.Campbell and Diane R.Voss as mayor and clerk of the City of Ames,Iowa.
cQ JILL L.RIPPER,ER
Commission Number 146549 NOTARY PUBLIC
ACCESS EASEMENT Page 3
EXHIBITA
LEGAL DESCRIPTION OFBENEFITTED PROPERTY
Lot 2,Green Hills Community Subdivision,First Addition,Ames,Iowa.
EXHIBIT B
LEGAL DESCRIPTION OFEASEMENTAREA
(Cross Easement for Ingress&Egress Frontage for Lot 2, Green Hills Comnunity Subdivision,First Addi-
tion,Ames,Iowa)
A permanent.Easement Twenty-two (22)feet in width across part of Parcel"C"; said Parcel"C"is located
within Lots One(1) and Two (2),Gateway-Green Hills Subdivision, Second Addition;and in Outlots W',
"B","F"and"G",in Gateway-Green Hills Subdivision;in the City of Ames, Story County,Iowa;as shown
on the"Plat of Survey"filed in the office of the Recorder of Story County,Iowa,on May 24,2011 and rec-
orded as Instrument#11-04769 on Slide 406 at Page 1;Eleven(11) feet on each side bf the following de-
scribed centerline:
"Commencing at the Southwest (SW) corner of Lot Two (2), Green Hills Community Subdivision, First
Addition, in the City of Ames, Story County,Iowa; thence N90'00'00"E,59.44 feet along the west line of
said Lot 2,to the Point of Beginning;thence N 87°27'03"W, 144.43 feet;thence S 56° 49'32"W,76.31
feet to the centerline of Hamilton Drive; (the following calls are along the centerline of Hamilton Drive)
thence Southeasterly,along a 125.00 foot radius curve,concave southwesterly,an are distance of 72.38 feet
(the long chord bears S 16°35' 14"E,71.37 feet),thence S 00'00'00"E, 110.00 feet;thence Southeaster-
ly, along a 120.00 foot radius curve, concave northeasterly, an arc distance of 101.15 feet (the long chord
bears S 24° 08'26"E,98.18 feet);thence S 48' 17'18"E,44.00 feet;thence Southeasterly,along a 105.00
foot radius curve,concave northeasterly,an arc distance of 76.42 feet(the long chord bears S 69°08'59"E,
74.74 feet);thence N 90° 00' 00"E, 265.72 feet; thence S 77' 31' 40" E, 105.49 feet to the west line of
Green Hills Drive,and the point of Ending(said point also located by a chord N 16° 06'22"E,29.47 feet
from the southerly endpoint of the existing curve)."