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HomeMy WebLinkAboutA010 - Easement Grant RETURN TO: GENE DREYER BOLTON & MENK, INC. 2730 FORD ST. AMES, IOWA 50010 Instrument:2014- 00001471 Date:Feb 28,2014 09:04:45A lyD Rec Fee: 20,00 E-Com Fee: 1.00 Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Hon-Standard Page Fee: .00 Filed for record in Story County, Iowa Susan L. Vande Y.amp, County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER #-4urn to - Prepared by:Pastor Randy Abell,Heartland Baptist Church,3504 Grand Avenue,Ames,IA 50010-4127 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that Heartland Baptist Church, does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following described easements: A. Public Utility Easement. Heartland Baptist Church 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 Baptist Acres Subdivision,Ames,Story County,Iowa: The North 10 feet, and the East 10 feet of LOT 1; AND, That part of Lot 1, Baptist Acres Subdivision, City of Ames, Story County, Iowa, more particularly described as follows: Commencing at the NW corner of Lot 1, Baptist Acres Subdivision, City of Ames, Story County, Iowa; Thence N 89°21'27"E, 27.00 feet along the North Line of said Lot 1 to the Point of Beginning; Thence continuing N 89°21'27" E, 10.00 feet along the South Line of said Lot 1; Thence S 00°19'00"E, 674.62 feet; Thence N 90°00'00"W, 10.00 feet; Thence N 00°19'00"W, 674.50 feet to the Point of Beginning; AND, The South 5 feet, the West 10 feet, and the East 10 feet of Lot 2. Heartland Baptist Church 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. Right-of-Way Easement. Heartland Baptist Church grants to the City of Ames, Iowa, the right to construct, reconstruct, maintain and use its streets, sidewalks, ditches, and other similar typical right-of-way uses, or any part thereof, upon, underground, over or across the following described real estate, all within Baptist Acres Subdivision, Ames, Story County, Iowa: That part of Lot 1, Baptist Acres Subdivision, City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the NW corner of Lot 1, Baptist Acres Subdivision, City of Ames, Story County, Iowa; Thence N 89°21'27" E, 27.00 feet along the North Line of said Lot 1; Thence S 00°19'00" E, 540.87 feet; Thence S 89°24'15"W, 60.00 feet to the West Line of the N'h of the SEl/a of Section 28-84-24; Thence N 00°19'00"W, 0.18 feet; Thence N 89°21'27"E, 33.00 feet; Thence N 00°19'00"W, 540.65 feet to the Point of Beginning. Heartland Baptist Church 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. C. Sanitary Sewer Easement. Heartland Baptist Church 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: That part of Lot 1, Baptist Acres Subdivision, City of Ames, Story County, Iowa, more particularly described as follows: Commencing at the SE corner of Lot 1, Baptist Acres Subdivision, City of Ames, Story County, Iowa; Thence N 90°00'00"W, 356.18 feet; Thence N 61°17'43"W, 17.03 feet to the Point of Beginning; Thence continuing N 61°17'43"W, 32.06 feet; Thence N 08°02'05"E, 13.05 feet; Thence N 01°50'24"W, 418.98 feet; Thence S00°17'55"W, 212.63 feet; Thence N 89°42'05" W, 30.00 feet; Thence S00°17"55'W, 212.07 feet; Thence S 01°50'24"E,421.02 feet; Thence S 08002'05"W, 26.95 feet to the Point of Beginning; AND, That part of Lot 2, Baptist Acres Subdivision, City of Ames, Story County, Iowa, more particularly described as follows: Commencing at the SE corner of Lot 2, Baptist Acres Subdivision, City of Ames, Story County, Iowa; Thence S 89024'15"W, 386.89 feet to the Point of Beginning; Thence continuing S 89024'15"W, 30.00 feet; Thence N 00°22'51"W, 235.11 feet; Thence N 08°02'05"E, 137.30 feet; Thence S 61°17'43"E, 32.06 feet; Thence S 08°02'05"W, 123.78 feet; Thence S 00022'51"E, 232.79 feet to the Point of Beginning; ALL within Baptist Acres Subdivision,Ames, Story County,Iowa, according to the following terms and conditions: Heartland Baptist Church, its successors and assigns, shall not erect any structures over or within the easement area without obtaining the prior written approval of the City Engineer. C. Pedestrian Easement. Heartland Baptist Church grants to the City of Ames, Iowa, the right to allow typical pedestrian use upon or across the following described real estate, all within Baptist Acres Subdivision,Ames,Story County,Iowa: That part of Lot 1, Baptist Acres Subdivision, City of Ames, Story County, Iowa, more particularly described as follows: Commencing at the NW corner of Lot 1, Baptist Acres Subdivision, City of Ames, Story County, Iowa; Thence N 89021'27"E, 27.00 feet along the North Line of said Lot 1 to the Point of Beginning; Thence continuing N 89°21'27"E, 10.00 feet along the South Line of said Lot 1; Thence S 00°19'00"E, 674.62 feet; Thence N 90°00'00"W, 10.00 feet; Thence N 00°19'00"W, 674.50 feet to the Point of Beginning; AND, The West 10 feet of Lot 2. 1 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. Dated this day of OWNER By: STATE OF IOWA, STORY COUNTY, SS: ' "his instrument was acknowledged before me on , by SA MX%% as DW�f1tt of 6) VA" WZK:� Notary Public in and for said State and County KENDP,A WATSON Lammy a:cn .;'umber 756607 h1 m €s on Ejp1res owe �5 I