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HomeMy WebLinkAboutA016 - Supplemental Easement Grant oQ / U Y �g Instrurent:2014- 00002276 N�'a a Date:Apr 03►2014 11:17:23A c D Rec Fee: 40.00 E-Cos Fee: 1.00 d S Trans t .00 Rec anuaesent Fee: 1.00 It H Hon-Standard Pase Fee: .00 E Filed for record in Story County* Iowa j d Susan L. Vande Karp* County Recorder a=2 x �w N N C N d N iz INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ste. 101,Ames,IA 50010 515 288-2500 RETURN To: Brian D.Torresi,2605 Northridge Pkwy.,Ste. 101,Ames IA 50010 SUPPLEMENTAL EASEMENT GRANT KNOW ALL PERSONS BY THESE PRESENTS: That HEARTLAND BAPTIST CHURCH, for good and valuable consideration, does hereby grant unto the CITY OF AMES, IOWA, and its successors and assigns, public utility easements upon, underground, over or across the following-described real estate: A part of Lot Two(2), Baptist Acres Subdivision,Ames, Story County, Iowa,more particularly described as follows: Commencing at the Southeast Corner of Lot 2; thence South 89°24'15" West along the South line of said Lot 2, 332.36 feet to the point of beginning;thence continuing South 89°24'15"West along the south line of said Lot 2, 94.53 feet; thence North 0°22'51" West, 243.63 feet; thence South 89°37'08"West,399.64 feet;thence North 0°22'52"West, 10.00 feet;thence North 89037'08" East, 444.64 feet; thence South 0°22'52"East, 10.00 feet;thence South 89137'08" West, 3 5.00 feet;thence South 0°22'51"East,23 3.5 9 feet; thence North 89024'15" East, 84.49 feet; thence South 099'02" East, 10.00 feet to the point of beginning and containing 0.18 acres(7,728 square feet)(as shown on the Easement Plat attached hereto as Exhibit A and by this reference incorporated herein as if fully set forth), all of the foregoing in BAPTIST ACRES SUBDIVISION,AMES, STORY COUNTY,IOWA. That the undersigned further grants unto the CITY OF AMES,IOWA,and its successors and assigns,water main easements upon,underground,over or across the following-described real estate: A part of Lot Two(2),Baptist Acres Subdivision, Ames, Story County, Iowa, more particularly described as follows: Beginning at the Northwest Comer of Lot 2;thence North 90000'00" East along the North line of said Lot 2, a distance of 386.74 feet; thence South 45000'00"East,227.11 feet;thence South 22°52'52"East,95.18 feet; thence South 0122'52"East, 57.52 feet;thence South 44027'13"West, 235.73 feet; thence South 0139'02" East, 94.18 feet;thence South-89°20'58" West, 390.23 feet; thence North 0139'02"West,259.94 feet;thence South 89°37'08"West,25.82 feet to the West line of said Lot 2;thence North 0°19'00"West along said West line, 10.00 feet; thence North 89°37'08"East, 65.23 feet; thence North 44°37'08" East, 33.21 feet;thence South 45°22'52"East, 10.00 feet; thence South 44°37'08" West, 37.35 feet; thence South 89°37'08" West, 33.56 feet;thence South 0°39'02"East,249.89 feet;thence North 89°20'58"East, 370.23 feet;thence North 0°39'02" West, 88.33 feet; thence North 44'27'13"East, 235.76 feet;thence North 0°22'52" West, 51.41 feet;thence North 22°52'52"West,91.24 feet;thence North 45°00'00"West,221.01 feet;thence North 90°00'00"West,382.55 feet to the West line of said Lot 2;thence North 0°19'00"West along said West line, 10.00 feet to the point of beginning and containing 0.42 acres(18,211 square feet)(as shown on the Easement Plat attached hereto as Exhibit B and by this reference incorporated herein as if fully set forth), all of the foregoing in BAPTIST ACRES SUBDIVISION,AMES,STORY COUNTY,IOWA. That the undersigned further grants unto the CITY OF AMES,IOWA,and its successors and assigns,storm water detention easements upon,underground,over or across the following-described real estate: A part of Lots One(1)and Two(2),Baptist Acres Subdivision,Ames,Story County, Iowa,more particularly described as follows:Commencing at the Southwest Comer of Lot 1,said point also being the Northwest Corner of Lot 2;thence North 90°00'00" East along the South line of said Lot 1,295.85 feet to the point of beginning;thence North 0°00'00" East, 15.00 feet; thence North 90°00'00"East, 104.16 feet;thence South 7802255"East, 162.83 feet;thence South 61°l 7'43"East, 192.78 feet;thence South 78142'36"East,220.43 feet;thence North 90100'00"East, 157.50 feet;thence South 0°00'00" East, 50.00 feet;thence North 90°00'00" West, 325.00 feet;thence South 47100'00"West, 185.00 feet;thence North 75°00'00"West,50.00 feet;thence North 25000'00" West, 310.00 feet to the North line of Lot 2, also being the South line of Lot 1; thence North 65°00'00" West along the North line of said Lot 2, a distance of 84.73 feet; thence North 90°00'00" West, 90.00 feet to the point of beginning and containing 1.84 acres(80,102 square feet)(as shown on the Easement Plat attached hereto as Exhibit C and by this reference incorporated herein as if fully set forth), all of the foregoing in BAPTIST ACRES SUBDIVISION,AMES,STORY COUNTY,IOWA. That the undersigned further grants unto the OWNERS OF LOT TWO (2), BAPTIST ACRES SUBDIVISION,AMES,STORY COUNTY,IOWA, and their successors and assigns,a temporary construction easement(the"Temporary Easement")upon,underground,over or across the following-described real estate: A part of Lot One(1), Baptist Acres Subdivision,Ames, Story County, Iowa,more particularly described as follows: Beginning at the Southwest Corner of Lot 1, said point also being the Northwest Corner of Lot 2;thence North 0°19'00" West along the West line of said Lot 1, a distance of 20.00 feet; thence North 90000,00"East, 605.11 feet;thence South 61°17'43"East,258.55 feet;thence North 90°00'00"East, 325.47 feet to the East line of said Lot 1; thence South 00°00'01" East, along said East line, 120.00 feet; thence North 90°00'00" West, 356.18 feet; thence North 61°17'43"West,466.76 feet;thence North 90°00'00"West,391.67 feet to the point of beginning and containing 2.17 acres (94,385 square feet) (as shown on the Easement Plat attached hereto as Exhibit D and by this reference incorporated herein as if fully set forth), all of the foregoing in BAPTIST ACRES SUBDIVISION,AMES,STORY COUNTY, IOWA. The rights granted in the Temporary Easement shall expire on April 1,2016. All the above easements are granted according to the following terms and conditions: 1. The owner or owners of each lot within Baptist Acres Subdivision, Ames, Story County, Iowa, and their successors and assigns, shall not: (a)erect any structures over or within the easement areas identified herein (collectively, the "Easement Areas") without obtaining the prior written approval of the City Engineer of the City of Ames,Iowa;or(b)erect or cause to be placed on the Easement Areas any structure, material,device,thing,or matter which impedes or obstructs free access across the Easement Areas. 2. The City of Ames, Iowa, and its successors, assigns, and licensees, shall install, construct, reconstruct, maintain, and use its public utility and water infrastructure in a safe and prudent manner,and shall restore the Easement Areas in a good and workmanlike manner,including, but not limited to restoration of lawns by sodding or seeding. 3 3. 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. 4. This Supplemental Easement Grant is intended to supplement that certain Easement Grant dated December 30, 2013, and filed in the office of the Recorder of Story County, Iowa, on February 28, 2014, as Instrument No. 14-01471. Dated this day of April, 2014. HEARTLAND BAPTIST CHURCH By: B Senior Pastor S e By: By: Deacon Driall Octadcjt Treasurer STATE OF Ib0. , COUNTY, SS: This record was acknowledged before me on this day of April,2014,by � , _ ' o e j, and s the Senior Pastor, Secretary, D con, and Treasurer, respectively f eartland Baptist Church. 3 � o� Notary Public, State of 01� iu-i� Katie Louisa Kerns My commission expires * * Commission Number 780632 My Commission Expires /OWN October 1,2016 4 RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G.GRIMES,IA.50i i t,PH:369-44W FAX;36%4410 EASEMENT PLAT OWNER HEARTLAND BAPTIST CHURCH 33G4 GRAND AVENUE AMES, IA 50010 PUBLIC UTILITY EASEMENT DESCRIPTION: A PART OF LOT 2, BAPTIST ACRES SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 80124'15'WEST ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 332.36 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING SOUTH 89'24'15' WEST ALONG SAID SOUTH LM 24.53 FEET; THENCE NORTH n2'51' WEST. 243.63 FEET; THENCE SOUTH 89'37'08' WEST, 399.84 FEET; THENCE NORTH 072$2' WEST, 10,00 FEET; THENCE NORTH 89'37'08" EAST, 444.64 FEET; THENCE SOUTH 0'22'52' EAST. 10.00 FEET; THENCE SOUTH 8937'08' WEST, 3&00 FEET; THENCE SOUTH 0'22'51' EAST, 233.59 FEET; THENCE NORTH 89'24'15' EAST, 84,40 FEET; THENCE SOUTH 0*39*02' EAST, 10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.18 ACRES (7,728 SOUARE FEET). ?t VC�g1 0?S'�,PTi�cjOt� va 0fh��c,�Cfti NO'22'5ZW 10.00, SO"22'52"E N89°37'08"E 444.64' 10.00' S89037'08"W 399.64` S89°37'08"W 35.00' 10 00' PUBLIC UTILITY 'D ►J89'24'1FE EASEMENT N m 84.4 ra 50°39'02"E 10.00' � S89'24'15"W 332.36' S89`24'15"W 94,53' POINT OF BEGINNING SE CORNER LOT 2 BAPTIST ACRES SUBDIVISION & POINT OF COMMENCMENT SCALE FEET 0 1 0' FILE' K\2013\1307M,\PWG\1307293-EASEMET-PUBLIC UTBJTY.OYIG FILE OATS: 3/4/14 DATE PLOTTED: 3/4/2014 3:40 PM 0 BY: WKE LEE PT LOT 1 &2 BAPTIST " � ��.�� � �°' DR1TI / ACRES SUBDIVISION csws•HsjwA50IT1 EASEMENT PLAT clv���sHBN"nvAmAc,� PH.(s1i)36"400 Fw(51)3Ns41O Aura,aNu1 5 RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SURE G,GRIMES.IA.50111.PH:369.4400 FAX:369.4410 OWNER EASEMENT PLAT HEARTLAND BAPTIST CHURCH 3504 GRAND AVENUE AMES. IA 50010 WATERMAIN EASEMENT DESCRIPTION: A PART OF LOT 2, BAPTIST ACRES SUBDIVISION, AN OFFICIAL PLAT 1N THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTH 90'00'00'EAST ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 386.74 FEET; THENCE SOUTH 451000'00"EAST, 227,11 FEET; THENCE SOUTH 2252'52' EAST, 95.18 FEET; THENCE SOUTH 0'22'52' EAST, 57.52 FEET; THENCE SOUTH 44'27'13- WEST, 235.73 FEET; THENCE SOUTH 0'39'02" EAST, 94.18 FEET; THENCE SOUTH 89'2058' WEST, 39D.23 FEET; THENCE NORTH 039'02' WEST, 259.94 FEET, THENCE SOUTH 89'37'08' WEST, 25.52 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH O'19'00' WEST ALONG SAID WEST LINE, 10.00 FEET; THENCE NORTH 89'37'D8' EAST, 85.23 FEET; THENCE NORTH 44'37'08' EAST, 33.21 FEET; THENCE SOUTH 45'2nr EAST, 10.00 FEET; THENCE SOUTH 44"37'06' NEST, 37,35 FEET; THENCE SOUTH 89'3TD8' WEST, 33.58 FEET; THENCE SOUTH 039'02' EAST, 249,39 FEET; THENCE NORTH 89'20'58' EAST, 370.23 FEET. THENCE NORTH O'39'02' WEST 88.33 FEET; THENCE NORTH 44Z7'13" EAST, 235.76 FEET; THENCE NORTH 0*22*52' WEST, 51.41 FEET; THENCE NORTH 2232'52' WEST, 91.24 FEET; THENCE NORTH 4,5'00'00' WEST, 221.01 FEET; THENCE NORTH 9DVWOO" HEST, 382.55 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 019'00' WEST ALONG SAID WEST LINE, 10,00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.42 ACRES (18,211 $OUARE FEET). NW CORNER LOT 2 BAPTIST ACRES ( 1 SUBDIVISION POINT OF BEGINNING PG �S N90°00`00"E 0.7W N0919'OO'W N90°00'00"W 382.66 1 o,00' vo N44'37'08"E S0gO� 33,21' N22052'52"1N N89'37'08"E 91.24' o 545°22'52"E w 66. 1 NO°19'00"W 23 10.00' NO°22'52"W 10.00' 51.41' $44°37'08"W $89°37'08"W 37.35' 1� 25.82' S89°3T08"W 33,56' ul 04 v 10.00' WATERMAIN EASEMENT' 5 SW CORNER LOT 2 N0039'02"W Z BAPTIST ACRES 88.33' S0039102"E SUBDIVISION 94,18'SCALE FEET NW20158NE 370.2T FILE] W\2013\1307MNftG\130729S-EASEMET-%VATEN MAW.04 FLLE DAIS: 3/4/14 DATE PLOTTED. 3/4/2014 139 Pu FLOM BY: 1Y1ffKKEE LEE PT LOT 1 &2 BAPTIST ► 34M SE CRmm'D6 ORNE.BORE Li ACRES SUBDIVISION d QRW3.KMA 50111 �1 EASEMENT PLAT wea a7Aw CNIL DE31GN ADVANTAGE P1.(515)35a4400 Fax:(S1S)359.4410 RETURN TO:CIVIL DESIGN ADVANTAGE.3405 SE CROSSROADS DRIVE,%)ITE 0,GRIMES,1&50111,PH:389.4400 FAX:36"410 EASEMENT PLAT OWNER HEARTLAND BAPTIST CHURCH 3504 GRAND AVENUE AMES, IA 50010 STORM WATER DETENTION EASEMENT DESCRIPTION: A PART OF LOTS 1 AND 2, BAPTIST ACRES SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 2; THENCE NORTH 90110'OO' EAST ALONG THE SOUTH LINE OF SAID LOT 1, 295.85 FEET TO THE POINT OF BEGINNING. THENCE NORTH OWOO' EAST, 15.00 FEET; THENCE NORTH 90'OO'00'EAST, 104.16 FEET: THENCE SOUTH 78'22'55' EAST, 162.83 FEET; THENCE SOUTH 61'17'43' EAST, 192.78 FEET; THENCE SOUTH 7W4236' EAST, 220.43 FEET; THENCE NORTH 90'00'00'EAST, 157,50 FEET; THENCE SOUTH OW00' EAST, 50.00 FEET; THENCE NORTH 90'00'00' WEST, 325.DO FEET; THENCE SOUTH 47'00'DO' WEST, 185.00 FEET: THENCE NORTH 75'00'00' WEST, 50.00 FEET; THENCE NORTH 25100'00' WEST. 310.00 FEET TO THE NORTH LINE OF LOT 2, ALSO BEING THE SOUTH LINE OF LOT 1; THENCE NORTH 65 U0'00' WEST ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 84.73 FEET; THENCE NORTH 90'00'00" WEST, 90.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.84 ACRES (80.102 SQUARE FEET). SW CORNER LOT I & NW CORNER LOT 2 � BAPTIST ACRES a*00A ' SUBDIVISION POINT OF COMMENCMENT SE CORNER LOT 1 & N9Q°00'OD"E NE CORNER LOT 2 JNO*00o0E TIST ACRES 104.16' S78°2r55"E �PSUBDIVSIION 15A0' 162.83' 86191 T43"E 0'DO"E 295.85 192.78' S78°42'36"E POINT OF BEGINNING 220AT N90°00'00"W N90°00'00"E 90.017 157.50' N65°00'00'W 84.73' 1490'00'00"W SO°00'00"E N25°00'00"W 325.DO' 50•00' 310.09 S47°00'00"W N75°00'00'W 185.00, u 50.00' STORM WATER f� SW CORNER LOT 2 v``��`Sg DETENTION EASEMENT BAPTIST ACRES SUBDIVISION SE CORNER LOT 2 BAPTIST ACRES SUBDIVISION SCALE FEET 00' FILL- iR\2013\1307295\OWG\1307295-EANKT-STORM WATER DETENTION,01M F9F pA IE: 3/4 14 DATE PLOTTED: 3/4/2014 3,39 PM I_' LEE PT LOT 'I &2 BAPTIST '�I► 34M9EC DRIVE,SUITE G ACRES SUBDIVISION GR V-S.KW'A50511 /� EMEMENT PLAT AM&IOWA ciwLDESIcr4AowwrAcaE PH:(5111)3694400 hK(SIS)31194410 RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS.DRIVE,SUITE G.GRIMES,IA.50111,PH:369.4400 FAX:3694410 EASEMENT PLAT OWNER HEARTLAND BAPTIST CHURCH 3504 GRAND AVENUE AMES, IA 50010 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION: A PART OF LOT 1, BAPTIST ACRES SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 2; THENCE NORTH 0'19'00'WEST ALONG THE WEST LINE OF SAID LOT 1. A DISTANCE OF 20.00 FEET; THENCE NORTH 90'00'00- EAST, 605.11 FEET; THENCE SOUTH 6197'43' EAST, 258.55 FEET; THENCE NORTH 90'00'OO' EAST, 325.47 FEET TO THE EAST LINE OF SAID LOT 1; THENCE SOUTH DO'DO'01' EAST, ALONG SAID EAST LINE, 120.00 FEET; THENCE NORTH 90'00'00' WEST, 358.1E FEET; THENCE NORTH 6117'43' WEST, 466.78 FEET; THENCE NORTH 90'DO'00' WEST, 391.67 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.17 ACRES (94,385 SQUARE FEET). `ot� NO°19'00"W vS 20.00' N90°00'00"E 605.11' N90°00'00"W 391.67.1 2S8SS,3 N90°00'00"E SW CORNER LOT 1 & Ne7° 325AT7 NW CORNER T 2 BAPTIST ACRES SUBDIVISION POINT OF BEGINNING N90°00'00"W TEMPORARY 356.1& CONSTRUCTION SE CORNER LOT 1 & EASEMENT NE CORNER LOT 2 BAPTIST ACRES SUBDIVISION s —SW CORNER LOT 2 SE CORNER LOT 2 BAPTIST ACRES BAPTIST ACRES SUBDIVISION SUBDIVISION SCALE FEET 0' ftE: K\�WY�170�hsWNOV307Z9s-CA9PJYET-�Ti�PORARr CONSmuc7gN41*0 r4.E DAZE: 3/4 14 DAW PLOt1ED: 3/4/2M4 kb PM PLoltm r. PT LOT 1 &2 BAPTIST ° 01 �" 0 ACRES SUBDIVISION °R"`ES 10H"`fi011 EASEMENT PLAT CMLDE8KiNAavANTAOE PN:Islslxati4400 r6Is1aI3�YM1a Antes.�owA S i 0 U o 0 Instrusent:2014- 00002279 H Date:Aar 03►2014 lls22:26A D Rec Fee: 35.00 E-Coa Fee: 1.00 Aud Fee: .00 Trans . .00 Rec Nanasesent Fee: 1.D0 d Non-Standard Pose Fee: .00 z Filed for record in Story Canty► Iowa �% Susan L. Vande Kara► County Recorder d N w POND MAINTENANCE AND EASEMENT AGREEMENT Recorder's Cover Sheet Preparer Information: Brian D.Torresi Davis Brown Law Firm 2605 Northridge Pkwy.,Ste. 101 Ames,lA 50010 (515)288-2500 Taxpayer Information: CCRC of Ames,LLC Attn:Gib Wood 11827 W 112'St.,Ste. 103 Overland Park,KS 66210 Return Address Brian D.Torresi Davis Brown Law Firm 2605 Northridge Pkwy.,Ste. 101 Ames,lA 50010 Grantor(s): Heartland Baptist Church Grantee(s): CCRC of Ames,LLC Legal Description: Lots One(1)and Two(2),Baptist Acres Subdivision,Ames,Story County, Iowa Document or instrument number if applicable: N/A POND MAINTENANCE AND EASEMENT AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS: THIS POND MAINTENANCE AND EASEMENT AGREEMENT(this"A ree t")is hereby made and given by and between CCRC of Ames,LLC,an Iowa Limited Liability Company("CCRC") and Heartland Baptist Church("Heartland")(CCRC and Heartland are hereinafter Collectively referred to as the "Parties"or individually as a" "),upon the following terms and conditions: I. QWNERSHIP,(a)Heartland is the current owner of Lot One(1),Baptist Acres Subdivision, Ames,Story County,Iowa(the"Heartland Lot");and(b)CCRC is the current owner of Lot Two(2),Baptist Acres Subdivision,Ames,Story County,Iowa(the"CCRC Lot")(the Heartland Lot and the CCRC Lot are sometimes hereinafter collectively referred to as the"Lots"or individually as a"Lot"). 2. LASEMENT PURPOSE. The Lots are adjacent to each other. A pond(the"Pond")shall be located on the boundary line between the Lots which shall serve as a retention site for surface waters flowing from both Lots. The Parties enter into this Agreement to resolve the joint use of the Pond as a storm water detention facility to benefit the Lots,their mutual responsibility for the maintenance of the Pond,and to dedicate the Pond as a joint,mutual,and reciprocal easement appurtenant to the Lots. 3. POND EASEMENT, Each of the Parties hereby grants to the other Party and their successors in interest,for the benefit of and appurtenant to the Lots and for the uses and upon the terms and conditions provided in this Agreement,a mutual,non-exclusive easement related to the Pond over and across that portion of the Lots(the"Easement Area")legally described as follows: A part of Lots One(1)and Two(2),Baptist Acres Subdivision,Ames,Story County,Iowa, more particularly described as follows:Commencing at the Southwest Corner of Lot 1,said point also being the Northwest Corner of Lot 2;thence North 90°00'00"East along the South line of said Lot 1,295.85 feet to the point of beginning;thence North 0°00'00"East, 15.00 feet; thence North 90°00'00" East, 104.16 feet;thence South 78°22'55" East, 162.83 feet; thence South 61°17'43"East, 192.78 feet;thence South 7804236"East,220.43 feet;thence North 9000900" East, 157.50 feet; thence South OVY00" East, 50.00 feet; thence North 90000'00" West, 325.00 feet; thence South 47°00'00" West, 185.00 feet; thence North 75100'00"West,50.00 feet;thence North 25°00'00"West,310.00 feet to the North line ofLot 2, also being the South line of Lot 1;thence North 65000'00"West along the North line of said Lot 2,a distance of 84.73 feet;thence North 90°00'00"West,90.00 feet to the point of beginning and containing 1.84 acres (80,102 square feet) (as shown on the Easement Plat attached hereto as Exhibit A and by this reference incorporated herein as if fully set forth) 4. FASEMENT USES. The Parties hereby reserve a perpetual easement within,over,upon, across,and under the Easement Area,as applicable,for the recreational use of the Parties'employees,residents, and invitees, provided such invitees are accompanied by an employee or resident of either of the Parties, subject,however,to the following limitations: a. No person under sixteen(16)years of age shall be permitted to use the Pond or the rights granted in this Agreement with respect to the Easement Area without adult supervision; b. The Pond and the rights granted in this Agreement with respect to the Easement Area shall only be available for recreational purposes during daylight hours; c. No boating or swimming shall be permitted within the Pond or within the Easement Area without written permission from both Parties,and such permission shall not be unreasonably withheld;and d. When the Easement Area is used for boating or swimming,an employee of either of the Parties shall be present to provide supervision. Neither of the Parties,nor any of the successors and assigns thereof,shall obstruct or impair the use of the easement rights reserved and granted herein on the Lots within the respective Easement Area. 5. EASEMENT MAINTENANCE. The Parties shall share equally in the costs of all maintenance,repair,and inspection work necessary to maintain the Pond and/or the Easement Area Except in emergency situations in which,under either Parties'reasonable business judgment,delay will risk personal injury or property damage or materially increase the cost of repairs and it is not practical to obtain the prior written consent of the other Party to implement appropriate corrective action,both Parties agree that they will submit all proposed contracts for maintenance,repair,and inspection work proposed to be undertaken by it on the Easement Area to the other Party at least fourteen (14) calendar days before entering into said contracts,and will give due consideration to any alternative proposal provided by the other Party prior to the end of the fourteen(14)day period with respect to lower costs and/or to any reasons proffered by the other Party as to why the work is not required. All work on the Easement Area shall be performed only by contractors approved in writing by the other Party,such approval not to be unreasonably withheld,conditioned or delayed. The Party desiring the work shall cause all contractors engaged by it to perform work,on the Easement Area to(i)maintain insurance coverage and/or provide performance and payment bonds reasonably requested,and(ii)perform all work in accordance with all Laws and in a good and workmanlike manner. For purposes of this Agreement,the term "Laws" means all federal, state, and county laws, ordinances, rules and regulations, court orders, and governmental directives and orders,affecting the Easement Area. Within thirty (30) days of completion of the maintenance, repair, and inspection work, the Party contracting for the work shall submit an itemized statement to the other Party with a request for the reimbursement of one-half(''/Z)of maintenance,repair,or inspection expenses incurred by the contracting Party. The other Party shall reimburse the contracting Party one-half('/z)of the expenses incurred related to the maintenance, repair, or inspection of the Pond or the Easement Area within thirty(30)days after the receipt of the reimbursement request from the contracting Party. 6. L.ANDSCAPING. Each Party shall be responsible for mowing and landscaping that portion of the Easement Area that is located upon their respective Lot. Neither party shall erect,plant,or install or cause to be placed on the Easement Area any tree,shrub,planting,or structure that could possibly obstruct or impede the normal flow and detention of surface water over the Easement Area without obtaining the prior written approval of the other Party. 7. ERRMON OF S3:RUSTURF.S PROHIBITED. The Parties shall not erect any building, structure, or other improvement, over or within the Easement Area without obtaining the prior written approval of the other Party. Notwithstanding the forgoing, in the event any dock, pier, float, or similar structure is constructed upon or within the Easement Area,both Parties shall share equally in the expense of that construction in the same manner as set forth in Paragraph 5 hereof. Both Parties and their successors in interest shall have a perpetual easement over any dock, pier, float or similar structure so constructed in accordance with this Paragraph 7,subject to the restrictions set forth in Paragraph 4 hereof. x 8. CHANGE OF GRADE EROHIBITED. Neither Party shall change the grade,elevation,or contour of any part of the Easement Area without obtaining the prior written consent of the other Party. 9. INDEMNIFICATION. Each Party agrees to indemnify and hold the other Party harmless as to any and all loss,damage,cost, or expense sustained and as to all liability to third persons by reason of damages or injuries to persons or property resulting from the Party's breach of the terms of this Agreement. 10. RI ,HT OF ACCESS, The Parties,their agents,contractors,employees,residents,assigns and invitees shall have the right of access to the Easement Area for the purposes as herein described. 11. EASEMENT RUNS WITH LAND. The easement rights granted herein shall be deemed to run with the land and shall inure to the benefit of, and be binding upon, the Parties hereto and their successors and assigns. 12. Ri(;HTS FS .RVF.D.The Parties reserve any and all rights to continue to use and enjoy the Lots for any and all purposes that do not unreasonably interfere with or interrupt the enjoyment of the easement rights granted in this Agreement. 13. NONEXCLUSIVE EAS .MENT, The easement rights granted under this Agreement are nonexclusive. This Agreement shall not preclude the Parties from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this Agreement to the other Parties. 14. TITLE WARRANTY.The Parties warrant they hold title to their respective Lot in fee simple with good and lawful authority to grant the easement rights herein provided for, and that any prior liens or encumbrances on the Lots will either be released forthwith or will be subordinated to the easement rights granted herein by a duly executed and recorded subordination agreement. 15. INTERPRETATION.Words and phrases used in this Agreement shall be construed as in the single or plural number,and as masculine,feminine or neuter gender,according to the context. This Agreement shall be governed exclusively by and construed in accordance with the laws ofthe State of Iowa. The paragraph headings in this Agreement are for convenience only and in no way define or limit the scope or intent of any provisions herein. 16. ENTIRE &jHEEMZNJ. This instrument constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior statements, representations, promises,and agreements,oral or written. No addition to or change in the terms of this Agreement shall be binding upon the Parties unless it is expressed in a writing signed by the Parties. 17. F.OUITABLF. RIGHTS OF ENFORCEMENT. The rights granted herein may be enforced by restraining orders and injunctions, temporary or permanent, prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference,without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the Parties to, or those benefited by, this Agreement; provided,however,that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 18. ATTORNEYS' FEES, If either Party retains an attorney to enforce this Agreement, the Party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. i 19. CHOICE QF LAM VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa,without reference to conflicts of law provisions.Both Parties hereby submit to the exclusive jurisdiction of the state courts located in Story County,Iowa,or,as the case may be,the federal courts located in Des Moines,Iowa,for any claim relating to this Agreement. Each of the Parties irrevocably waives any objection, including,without limitation,any objection to the laying of venue or based on the grounds of forum non conveniens,that it may now or hereafter have to the bringing of such action or proceeding in such respective jurisdictions. 20. SEVERABILiTY,In the event any provision of this Agreement is held invalid, illegal or unenforceable,in whole or in part,the remaining provisions of this Agreement shall not be affected thereby and shall continue to be valid and enforceable and if,for any reason,a court finds that any provision of this Agreement is invalid, illegal or unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 21. NOTICE. Unless otherwise required by law,any notice or demand required or permitted by the terms of this Agreement shall be sufficient and deemed complete when expressed in writing and either(a)personally delivered to the person entitled thereto,or(b)deposited at any office of the United States Postal Service in the form of certified mail addressed to the last known mailing address of the person entitled thereto,or(c)served on the person entitled thereto in the manner of an original notice under the Iowa Rules of Civil Procedure. Any address for notice may be changed by written notice delivered as provided herein. 22. COUNTERPARTS.This Agreement may be executed in any number of counterparts,each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument,and in making proof hereof, it shall not be necessary to produce or account for more than one such counterpart. IN WITNESS OF THIS AGREEMENT the Parties have executed this Agreement as of the dates set forth below. HEARTLAND BAPTIST CHURCH By: 1 Senior Pastor Sec By: By: P A& tTerv��,rsT..cSC�D,eacon Dardo Pc&tdi�f-,Treasurer STATE OF �Oru COUNTY, SS: n This record was acknowledged before me on this QrJday of April, 2014, by �e'r and Q 0 ,as the Senior Pastor,Secretary,Deacon,and Treasurer, resp tive y,of HeartlarO Baptist Church. Notary Public, State of My commission expires o�*atAu Katie Louise Kerns _ Commission Number 780632 *. * My Commission Expires cj October 1,2016 C CRC OF S,LLC By; _ A�& Gilbert R. Woocg Manager STATE OF .COUNTY,SS: 5r This record was acknowledged before me on this day of April, 2014, by Gib Wood, as the Manager of CCRC of Ames,LLC. Notary Public,State of CATHERINE COLWELL My commission expires,16 Notary Puble.State of Kansas ntment res EXHIBIT A RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G,GRIMES,IA.50111.PH:369.4400 FAX:369.4410 EASEMENT PLAT OWNER HEARTLAND BAPTIST CHURCH 3504 GRAND AVENUE AMES, IA 50010 STORM WATER DETENTION EASEMENT DESCRIPTION: A PART OF LOTS 1 AND 2, BAPTIST ACRES SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 2; THENCE NORTH 90'00'DO" EAST ALONG THE SOUTH LINE OF SAID LOT 1, 295.85 FEET TO THE POINT OF BEGINNING. THENCE NORTH 0'00'00" EAST, 15.00 FEET; THENCE NORTH 90'00'00' EAST, 104.16 FEET; THENCE SOUTH 78'22'55" EAST, 162.83 FEET; THENCE SOUTH 61'17'43' EAST, 192.78 FEET; THENCE SOUTH 78'42'36" EAST, 220.43 FEET; THENCE NORTH 90'00'00" EAST, 157.50 FEET; THENCE SOUTH O'DO'00' EAST, 50.00 FEET; THENCE NORTH 90'00'00' WEST, 325.DO FEET; THENCE SOUTH 47'00'00' WEST, 185,00 FEET; THENCE NORTH 75'00'00" WEST, 50.00 FEET; THENCE NORTH 25*00'00" WEST, 310.00 FEET TO THE NORTH LINE OF LOT 2, ALSO BEING THE SOUTH LINE OF LOT 1; THENCE NORTH 65'00'00" WEST ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 84.73 FEET; THENCE NORTH 90'00'00" WEST, 90.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.84 ACRES (80,102 SQUARE FEET). SW CORNER LOT 1 & NW CORNER LOT 2 CGS BAPTIST ACRES 0►� ��0 „ SUBDIVISION yse° POINT OF COMMENCMENT SE CORNER LOT 1 & N90°00'00"E NE CORNER LOT 2 NO°00'00"E BAPTIST ACRES 15.00, 104.16' S78°22'55"E SUBDIVISION 162.83' S61-17-43"E N90'00'o0"E 295.85 192.78' S78°42'36"E POINT OF— BEGINNING 220.43' N90000'00"W N90°00'00"E 90,00' 157,50' N65°00'00"W 84.73' N90°00'00"W SO°00'00"E N25°00'00"W 325.00' 50.00' 310.001, S47000'00"W N75°00'00"W 185.00' u 50.00' STORM WATER I, .2 DETENTION EASEMENT SW CORNER LOT 2 e, s5 BAPTIST ACRES 0-9�a�v°a SUBDIVISION sag° SE CORNER LOT 2 BAPTIST ACRES SUBDIVISION SCALE FEET} 0 200' FFILE: Ho\2013\1307295\DWG\1307295—E ASEMET—STORM WATER DETENTION DW0 FILE DATE. 3/4/14 DATE PLOTTED: 3/4/2014 3:39 PM PLDTTED BY: MIKE LEE PT LOT 1 & 2 BAPTIST 34M SE CROSSROADS DRIVE,SUITE G ACRES SUBDIVISION © GRIMES,IOWA 50111 EASEMENT PLAT CIVIL DESIGN ADVANTAGE AMES PH:(515)38%4400 Fuc:(515)389-4410 ,qWA Instrument p: 2019-03339 06/27/2019 09:01:39 AM Total Pages: 3 EASE EASEMENTS Recording Fee: S 17.00 Stacie Herridge, Recorder, Story County Iowa 1111 ra Nai ll ISM I M W,N N 11111 SPACE ABOVE RESERVED FOR OFF I C I A L USE Up)dwcripdm:See page 3. Ce�J�Return document to:City Clerk,515 Clark Avenue,.Ames IA 50010 bocument prepared by:Victoria A.Feilnreyer.City of Ames Legal DemAnait,515 Clark Ave-Ames,IA 50010—515-239-5146 Water Main Easement Know All Persons: The undersigned, CCRC OF AMES. LLC. an Iowa limited liability company organized and existing under the law of the State of Iowa (hereinafter referred to as the "Grantor"), for valuable consideration, does hereby grant unto the City of Ames. Iowa. an Iowa municipal corporation, (hereinafter referred to as the "Grantee"), upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area 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 Easement Plat,and described as follows: For the use of a water main over,upon,across,in,and through: The real property shown on Schedule "A" attached hereto and by this reference made a part hereof. Grantee shall have the right within the Easement Area to construct,reconstruct,cover over,clean up, operate,use,maintain,and repair the systems described.Grantee shall have the right to enter upon sufficient land adjacent to said water main Easement Area for the purpose of exercising the rights and privileges herein. The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee, if at all, subject to the following terms and conditions: i Obstructions Prohibited. The Grantor,as the fee simple owner of the underlying real estate,and the Grantors' successors and assigns, shall not erect or place within the Easement Area any building or other structure or improvement that may interfere with the use, operation, maintenance, repair and replacement of the water main,except with the prior written consent of the Grantee. z Restoration. Immediately following construction, reconstruction, or repair work by the Grantee within the Easement Area, weather and season permitting, Grantee shall return the surface of the Easement Area to its condition prior to said work,in a manner consistent with City standards. 3 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 terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 4 Title Warranty. The Grantor warrants to the Grantee 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. 2019-05339 EASE 06/27/2019 09.01.39 AM Page 2 of 3 2 5 Successors and Assigns. This Easement shall be binding on successors and assigns of the Grantor and the Grantee. 6 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. In Witness Whereof the undersigned has executed this instrument on , 2019. CCRC OF AMES L Dated 2019. Elbert ood� ager STATE OF ka n Sa S ,COUNTY OF ^- ,SS.: This instrument was acknowledged before me on �LtI1 L & . 2oj by Gilbert R. Wood, as Mana er of C RACHEL L.NACKES Notary Public.Sate of Kansas My Appoint Expires 71 NOTARY PUBLit , I S U C C E S S I VF P A G E S RESERVE [) FOR F ASE %1 \ T P1. � T 2019-05339 EASE 06/27/2019 09.01.39 AM Page 3 of 3 RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G,GRIMES,IA.50111,PH:369.4400 FAX:369-4410 EXHIBIT 'A' - EASEMENT PLAT WATER MAIN EASEMENT DESCRIPTION A PART OF LOT 2, BAPTIST ACRES SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ACQUISITION PLAT, BEING A PART OF SAID LOT 2, AS RECORDED IN BOOK 2017, PAGE 13025; THENCE NORTH 00*35*45" WEST ALONG THE EASTERLY LINE OF SAID ACQUISITION PLAT, 89.45 FEET; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE AND A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 59.00 FEET, WHOSE ARC LENGTH IS 19.69 FEET AND WHOSE CHORD BEARS NORTH 10'09'25- WEST, 19.60 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY CONTINUING ALONG SAID EASTERLY LINE AND A CURVE CONCAVE SOUTHWESTERLY WHOSE RADIUS IS 59.00 FEET, WHOSE ARC LENGTH IS 27.51 FEET AND WHOSE CHORD BEARS NORTH 33'04'29" WEST, 27.26 FEET; THENCE NORTH 00'18'37" EAST, 21.58 FEET; THENCE NORTH 89'41'23- WEST, 288.69 FEET; THENCE NORTH 44'27'13" EAST, 20.90 FEET; THENCE SOUTH 89'41'23" EAST, 272.14 FEET; THENCE NORTH 00'18'37" EAST, 18.67 FEET; THENCE SOUTH 89*41*23" EAST, 20.72 FEET; THENCE SOUTH 00'00'41" EAST, 8.68 FEET; THENCE NORTH 89*59*59" EAST, 173.27 FEET; THENCE SOUTH 00'00'01" EAST, 22.00 FEET; THENCE SOUTH 89'59'59" WEST, 15.00 FEET; THENCE NORTH 00'00'01" WEST, 7.00 FEET; THENCE SOUTH 89'59'59' WEST, 164.12 FEET; THENCE SOUTH 00'18'37" WEST, 54.29 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.18 ACRES (8,003 SQUARE FEET). S89041'23"E 20.72 S� WATER SO°00'01"E 22.00' N44027'13"E 20.90' MAIN EASEMENT ° " , SO 00 41 E 8.68 N0018'37"E 18.6T N89059'59"E 173.2T �S&9041'23"E 272.14' WATER N89041'23"W 286.691 S89°59'59"W 164.17 MAIN EASEMENT NO 00 01"W 7.00 NO*18'37"E 21.58' S89°59'59"V f 15.00' A=26°42'49" SOO18'37"W 54.29 L=27.51' ca. ;7p� 5 L=1919.6969'zo" ' ' R=59 00' CH=27.26' QG 1 NO'35'45"W 89 45' CHB 1 N10'09'25"W CHB=N33°04'29"W SE COR ACO PLAT POINT OF BK 2017 PG 13025 BEGINNING POINT OF COMMENCEMENT N OUTLOT XX W OUTLOT YY Lu D U0 li Z �01 SOT �pT 19 21 W > 22 23 24 cl) a SUBp�VIS���N SOMERSE GONp A00 J\WENA" SCALE IsieTsiiiiiiii 0' 40' 80' 160' FILE H. 2018 1604220 DWG 1804220-EASE - WAIER.DWG 1" = 80, FILE DATE. 5/15/19 DATE PLOTTED' 5/17/2019 8:13 JAM PLOTTED BY: JOSH HACKIE. PT. LOT 2 34M SE CROSSROADS DRIVE,Suite G BAPTIST ACRES SUB. � GRIMES,IOWA 50111 ,�,� EASEMENT PLAT AMES IDWA CMLDESIGNAGVANTAGE PH:(515)3894400 Fw.(515)3694410 Instrument p: 2019-05340 06/27/2019 09:01:39 AM Total Pages: 4 EASE EASEMENTS Recording Fee: S 22.00 Stacie Herridge, KeCorder, Story County Iowa mill K KI41'L N»6Mff.i1MA WN 1111110111111 SPACE ABOVE RESERVED FOR OFFICIAL USE �L rl1 desc ' :See page 3. �ehV�Return document to:Ciry Cktk,515 Clwk,Avenue..Ames IA 50010 Doeament pmepered by:Victoria A.Feilmeyer.City of Ames Legal Depowmt.515 Clads.Ave.,Ames,IA 50010—515-239-5146 Water Main& Hydrant Easement Know All Persons: The undersigned, CCRC OF AMES, LLC, an Iowa limited liability company organized and existing under the law of the State of Iowa (hereinafter referred to as the "Grantor"), for valuable consideration, does hereby grant unto the City of Ames. Iowa, an Iowa municipal corporation, (hereinafter referred to as the "Grantee"), upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area 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 Easement Plat,and described as follows: For the use of a water main and hydrants over,upon,across,in,and through: The real property shown on Schedule "A" attached hereto and by this reference made a part hereof. Grantee shall have the right within the Easement Area to construct,reconstruct,cover over,clean up, operate,use,maintain,and repair the systems described.Grantee shall have the right to enter upon sufficient land adjacent to said water main and hydrant Easement Area for the purpose of exercising the rights and privileges herein. The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions: i Obstructions Prohibited. The Grantor,as the fee simple owner of the underlying real estate,and the Grantors' successors and assigns, shall not erect or place within the Easement Area any building or other structure or improvement that may interfere with the use, operation, maintenance, repair and replacement of the water main and hydrant,except with the prior written consent of the Grantee. 2 Restoration. Immediately following construction, reconstruction, or repair work by the Grantee within the Easement Area, weather and season permitting, Grantee shall return the surface of the Easement Area to its condition prior to said work,in a manner consistent with City standards. 3 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 terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 4 Title Warranty. The Grantor warrants to the Grantee 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. 2019-05340 EASE 06/27/2019 09.01.39 AM Page 2 of 4 2 5 Successors and Assigns. This Easement shall be binding on successors and assigns of the Grantor and the Grantee. 6 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. In Witness Whereof the undersigned has executed this instrument on a CP , zo19. CCRC OF AMES Dated n a 2019. B . Gilbert R. ood,774K STATE OFk&WSa S COUNTY OF 3;h d S-o JS SS.: This instrument was acknowledged before me on , 2oi9, by Gilbert R. Wood, as Mana r of C RC OF AMES LL . RACMEI L. BACKES NAt•uy Pula,(,State of Kansas My A)lirnnhmentt Expires � NOTARY PUBLIC f SU, CCESSIVF PAGES RI SERVED f 0R E :? Sf \1 E \ f PI -\ T ) 2019-05340 EASE 06/27/2019 09.01.39 AM Page 3 of 4 RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G,GRIMES,IA.50111,PH:3694400 FAX:369-4410 EXHIBIT 'A' - EASEMENT PLAT WATER MAIN EASEMENT'A'DESCRIPTION A PART OF LOT 2. BAPTIST ACRES. AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY. IOWA DESCRIBED AS A 10.00 FOOT WIDE EASEMENT BEING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 89-24'15" EAST ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 88.36 FEET; THENCE NORTH 00-39'02" WEST, 16.42 FEET TO THE NORTH LINE OF AN EXISTING WATER MAIN EASEMENT RECORDED IN BOOK 2014, PAGE 2276 AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00'39'02" WEST, 35.23 FEET TO THE POINT OF TERMINUS AND CONTAINING 0.01 ACRES (352 SQUARE FEET). WATER MAIN EASEMENT'S'DESCRIPTION A PART OF LOT 2, BAPTIST ACRES, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS A 10.00 FOOT WIDE EASEMENT BEING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING CENTERUNE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 89'24'15" EAST ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 459.22 FEET; THENCE NORTH 00'35'45" WEST, 119.79 FEET TO THE POINT OF BEGINNING; THENCE NORTH 4537'45" WEST, 16.11 FEET TO THE SOUTH LINE OF AN EXISTING WATER MAIN EASEMENT RECORDED IN BOOK 2014. PAGE 2276 AND THE POINT OF TERMINUS. EASEMENT CONTAINS 161 SQUARE FEET. WATER MAIN EASEMENT'C'DESCRIPTION A PART OF LOT 2, BAPTIST ACRES, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS A 10.00 FOOT WADE EASEMENT BEING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING CENTERLINE COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 00'19'00" WEST ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 295.91 FEET. THENCE NORTH 89-41'00" EAST, 78.61 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 45'22'53" EAST, 4.26 FEET TO THE NORTH LINE OF AN EXISTING WATER MAIN EASEMENT RECORDED IN BOOK 2014, PAGE 2276 AND THE POINT OF TERMINUS. EASEMENT CONTAINS 43 SQUARE FEET. WATER MAIN EASEMENT'D'DESCRIPTION A PART OF LOT 2, BAPTIST ACRES, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS A 10.00 FOOT WADE EASEMENT BEING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2: THENCE NORTH 90'00'00" EAST ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 153.67 FEET; THENCE SOUTH 00-22'52" EAST, 10.00 FEET M THE SOUTH LINE OF AN EXISTING WATER MAIN EASEMENT RECORDED IN BOOK 2014, PAGE 2276 AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00'22'52" EAST, 3.50 FEET TO THE POINT OF TERMINUS. EASEMENT CONTAINS 35 SQUARE FEET. FILE H• 201J 1307295 DWG 1307295-EASEM T-WATER MAIN J DWG FILE DATE. 5/16/19 DATE PLOTTED- 5/17/2019 8:24 AM PLOTTED BY: JOSH MACME PT. LOT 2 3.4m sE�Ro&wAos DRwE,Bunn /2 BAPTIST ACRES SUB. � GRIME3,IOWA50111 130�296 EASEMENT PLAT AMES CML DESIf3NADVANTAl3E FH:(515)3004400 Fmc(515)3II-4410 2019-05340 EASE 06/27/2019 09.01.39 AM Page 4 of 4 RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G,GRIMES,IA.50111,PH:369-44W FAX 3694410 EXHIBIT 'A' - EASEMENT PLAT N NW COR LOT 2 BAPTIST ACRES SUBDIVISION POINT OF COMMENCEMENT EASEMENT'D' O� �F,S POINT OF BEGINNING G 10.00'WIDE WATER MAIN EASEMENT'D' �P 5��� SCALE N90'00'00"E 153.67' 0' 40' 80' 160' SO'22'52"E 10 00' 1• = 80' S0"22'52"E 3.50' EXISTING 10 00' WATER MAIN EASEMENT BK 2014 PG 2276 N89'41'00"E 78.61' J OINT OF BEGINNING .00'WIDE WATER MAIN SEMENT'C' S45°22'53"E 4.26' GFz�G' vo LLI — PQ�p\�\5�0� Q W Ix U - CD LLJ N � CD MAIN EASEMENT'S' 16.11'T45"1N o POINT OF BEGINNING W z POINT OF BEGINNING EASEMENT'S' (7 EASEMENT'A' 10.00'WATER MAIN EASEMENT'A' �N0'35'45"w 119 79' N0039'02"1N 35.23' NO*39'02"W 16.42' 88.36' 370.86' N89'24'15"E 459 22' SW CO LOT 2 B PTISTACRES SUBDIVISION OpTLOT ET gpIV15�ON POINT OF EASEMENT AMMENCEMENT B&C TWENT RSSECONp AppITION TILE H 2013 1307295 DWG i307295-EASEMENT-WATER MAIN 3.DWG FILE DATE. 5/16/19 DATE PLOTTED- 5/17/2019 8:24 AM PLOTTED BY: JOSH MACKIE: PT. LOT 2 3405 SE CROSSROADS DRIVE,SUITE G 2BAPTIST ACRES SUB. � GRIMEs,awA50111 112 3o7.zss EASEMENT PLAT ,erg A CML DESIGN ADVANTAGE PH:(515)3804/00 Fow(513)3ew410 Instrum*nt N: 2019-07149 08/12/2019 10:27:49 AM Total Pages: 3 EASE EASEMENTS Recording Fee: s 17.00 • Stacie Herridge, Recorder, Story County Iowa Return to: (env) Ames City Clerk Box 811 Ames IA 50010 Prepared by:Mark Imhoff,City of Ames Electric Engineering Division,502 Carroll Avenue, Ames, Iowa 50010;ph. 515- 239-5175 CITY OF AMES ELECTRIC FACILITIES EASEMENT KNOW ALL MEN BY THE E PRESENTS: That(I/we) LlO its successors and assigns, (do/does) hereby grant, bargain and convey to the City 4ofmes, Iowa, a municipal corporation, a perpetual right of way and easement, with the right, privilege and authority to said municipal corporation, its successors, licensees,assigns and lessees,to locate,relocate,replace,construct, reconstruct,repair,operate,maintain,patrol and/or remove an underground line or lines of poles plus all relevant wires and fixtures,for the purpose of transmitting and/or distributing electric and telecommunications in,on,through,over,under and across the following described land in the County of Story,State of Iowa: DESCRIPTION: A PART OF LOT 2, BAPTIST ACRES SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS A 10.00 FOOT WIDE EASEMENT BEING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2;THENCE NORTH 00°00'01"WEST ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 131.63 FEET; THENCE SOUTH 89059'59" WEST, 10.00 FEET TO THE WEST LINE OF AN EXISTING PUBLIC UTILITY EASEMENT AND THE POINT OF BEGINNING;THENCE CONTINUING SOUTH 89059'59" WEST, 272.92 FEET TO THE POINT OF TERMINUS AND CONTAINING 0.06 ACRES(2,729 SQUARE FEET). (See attached plat marked and made a part hereof.) together with (a) the right, privilege and authority to trim, cut and remove from said premises any trees, overhanging branches or other obstructions within a radius of 10(ten)feet from said line or lines of poles,wires and fixtures,as located, (b)the right of ingress and egress to,from and over the above-described premises for doing anything necessary or useful for the enjoyment of the easement herein granted,and(c)all other rights,easements,privileges and appurtenances,in or to said lands,which may be required for the full enjoyment of the rights herein granted,together with the right to assign or grant partially or wholly to others the right or license to use the easement herein granted or any part thereof for the uses and with the rights herein specified. Grantor(s)warrant(s)that(he,she,it,they)(has,have)good title to the above described premises and that there are no encumbrances which will limit or interfere with the rights granted herein to Grantee. The Grantor(s),(his,her,its,their)tenants,heirs,successors and assigns shall have the right to use and enjoy said premises fully,except for the rights and privileges hereinbefore granted to the Grantee;provided however,that no buildings, structures or improvements either permanent or temporary in nature,nor shall the terrain be altered without prior written consent of Grantee,nor shall any other utilities be placed in,on,through,over or across the easement without Grantee's prior written consent;that the use of said premises shall at all times be subject to such acts and uses by Grantee as may be necessary for the purposes herein set forth. The foregoing rights are granted upon the express condition that the City of Ames, Iowa, will assume all liability for all damages to the above described property caused by the City's failure to use due care in its exercise of the rights,privileges and authorities granted. 2019-07149 EASE 08/12/2019 10.27.49 AM Page 2 of 3 Dated at /& this 'T 44, day of ,20�. CITY STATE 01 Signature do Printed Narnil ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF V&nus ) COUNTY OF 73-okwise eN )ss: INDIVIDUAL ✓CORPORATE On this 2it day of A.D. 201, Ti (s) Corp rat Offs r(s): before me, the undersigned, a Notary Public in and for said State, ersonally aTeared vul Ca adar Andt,ZSoti Corporate Seal is affixed No Corporate Seal procured PARTNER(s): Limited Partnership ✓to me personally known General Partnership or proved to me on the basis of satisfactory evidence Attornev-ln-Fact Ex r(s)or Trustee(s) to be the person(s) whose name(s) is/are subscribed to the uardian(s)or Conservator(s) within instrument and acknowledged to me that he/she/they Other: executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the SIGNER IS REPRESENTING: person(s), or the entity upon behalf of which the person(s) acted, xecuted the instrument. List f Won or entity(i ) ruG (sign in ink) (prinvtype name) Notary Public in and for the State of Kassa 5 (Notary Seal) RACHEL L.lACKES Notary Pubkc.State of Kansas My A2ntme t Expues 2019-07149 EASE 08/12/2019 10.27.49 AM Page 3 of 3 RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G,GRIMES, IA.50111.PH:369-4400 FAX:369-4410 EXHIBIT 'A' - EASEMENT PLAT ELECTRIC EASEMENT DESCRIPTION A PART OF LOT 2, BAPTIST ACRES SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS A 10.00 FOOT WIDE EASEMENT BEING 5.00 FEET ON BOTH SIDES OF THE FOLLOWING CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE NORTH 00*00*01" WEST ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 131.63 FEET; THENCE SOUTH 89'59'59" WEST, 10.00 FEET TO THE WEST LINE OF AN EXISTING PUBLIC UTILITY EASEMENT AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89'59'59" WEST, 272.92 FEET TO THE POINT OF TERMINUS AND CONTAINING 0.06 ACRES (2,729 SQUARE FEET). I I I I I EXISTING 10 00' P U.E. I S89059'59"W 272.92' POINT I W BEGINNING I W Z 10.00, Q ELECTRIC S89'59'59"W 10 00' U) EASEMENT I M I � I O O SE COR LOT 2 I O BAPTIST ACRES Z SUBDIVISION POINT OF N COMMENCEMENT 0U1�SUg�1�1510I�N S�MERSSEC�N� Apt TwEN1 SCALE 03 25' 50' 100, FILE H. 2016 1604220 DWG 1604220-EASE - ELECTRIC.DWG 1" = 50' FILE DATE: 5/15/19 DATE PLOTTED- 5/17/2019 8:18 AM PLOTTED BY: JOSH MACKIE: PT. LOT 2 3405 SE CROSSROADS DRIVE,SUITE G BAPTIST ACRES SUB. � GRIMES,IOWA 50111 1soa.rlo EASEMENT PLAT AMES CIVIL DESIGN ADVANTAGE PH:(515)3694400 Fax:(515)369-4410