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HomeMy WebLinkAboutA007 - Easements a Instrurent:2014- 00001688 0 o h Date:har 07►2014 03:29:04P tonD Rec Fee: 35.00 E-Cor Fee: 1.00 o G Aud Fee: .00 Trans Tax: .00 w Rec hanagesent Fee: 1.00 C Non-Standard Page Fee: .00 Filed for record in Story County► Iowa Susan L. Vande Karat County Recorder F � E� o.a z �w N_ N INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames,IA 50010 515 288-2500 W RETURN To: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames,IA 50010 EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That FRIEDRICH LAND DEVELOPMENT COMPANY,L.L.C.,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: The North 10 feet of Lot One(1); The North 10 feet of Lot Two (2); The West 10 feet and the South 10 feet of Lot Three(3); That part of the North 10 feet of Lot Three(3) adjacent to Oakwood Road; The South 10 feet of Lot Four(4); The South 10 feet of Lot Five(5); The South 10 feet of Lot Six(6); The South 10 feet of Lot Seven(7); The South 10 feet of Lot Eight(8); The South 10 feet of Lot Nine (9); The South 10 feet of Lot Ten(10); The South 10 feet and the East 10 feet of Lot Eleven(11); The East 10 feet and the North 10 feet of Lot Twelve(12); That part of the North 10 feet of Outlot A adjacent to Oakwood Road; AND, The East 10 feet of Outlot B, all of the foregoing in RINGGENBERG PARK SUBDIVISION FOURTH ADDITION,AMES, STORY COUNTY,IOWA. That undersigned further grants unto the CITY OF AMES,IOWA, and its successors and assigns, trail easements upon,underground, over or across the following-described real estate: The North 20 feet of Lot Two (2); AND, The North 20 feet of Lot Three(3), all of the foregoing in RINGGENBERG PARK SUBDIVISION FOURTH ADDITION,AMES, STORY COUNTY,IOWA. That undersigned further grants unto the CITY OF AMES, IOWA, and its successors and assigns, electric easements upon, underground, over or across the following-described real estate: Lot One(1): The East 5 feet,except the North 10 feet and the South 30 feet thereof; the West 5 feet,except the North 10 feet and the South 30 feet thereof,and the North 10 feet of the South 30 feet; Lot Two(2): The East 5 feet,except the North 10 feet and the South 30 feet thereof; and a 10 foot strip lying North and East of,and abutting the Cross Access Easement line of Bobcat Drive, except the North 10 feet thereof; Lot Three (3): A 10 foot strip lying South and West of, and abutting the Cross Access Easement line of Bobcat Drive,except the North 10 feet thereof;and the East 5 feet of that portion lying South of Bobcat Drive, except the North 10 feet and the South 10 feet thereof, Lot Four(4): The West 5 feet,except the North 10 feet and the South 30 feet thereof, the East 5 feet,except the North 10 feet and the South 30 feet thereof;and the South 10 feet of the North 30 feet; Pg- Lot Five(5): The West 5 feet,except the North 10 feet and the South 30 feet thereof; the East 5 feet,except the North 10 feet and the South 30 feet thereof, and the South 10 feet of the North 30 feet; Lot Six(6): The West 5 feet,except the North 10 feet and the South 30 feet thereof, the East 5 feet,except the North 10 feet and the South 30 feet thereof,and the South 10 feet of the North 30 feet; Lot Seven (7): The West 5 feet, except the North 10 feet and the South 30 feet thereof; the East 5 feet, except the North 10 feet and the South 30 feet thereof; and the South 10 feet of the North 30 feet; Lot Eight (8): The West 5 feet, except the North 10 feet and the South 30 feet thereof; the East 5 feet, except the North 10 feet and the South 30 feet thereof, and the South 10 feet of the North 30 feet; Lot Nine(9): The West 5 feet,except the South 10 feet thereof,the North 5 feet;and the East 5 feet, except the South 10 feet thereof, Lot Ten(10): The West 5 feet,except the South 10 feet thereof,the North 5 feet;and the East 5 feet, except the South 10 feet thereof, Lot Eleven(11): The West 5 feet,except the South 10 feet thereof;and the North 5 feet; Lot Twelve (12): The West 5 feet, except the North 10 feet and the South 30 feet thereof; and the North 10 feet of the South 30 feet, except the East 10 feet thereof; Outlot A: The East 5 feet,except the North 10 feet and the South 30 feet thereof,the West 5 feet,except the South 30 feet thereof;the North 5 feet of that part lying South of the Ringgenberg tract(Inst.No. 94-04930);and the West 5 feet,except the North 10 feet thereof, of that part lying East of the Ringgenberg tract(94-04930); AND, Outlot B: The West 5 feet, except the North 30 feet thereof; the South 5 feet, except the East 10 feet thereof; and the South 10 feet of the North 30 feet, except the East 10 feet thereof, all of the foregoing in RINGGENBERG PARK SUBDIVISION FOURTH ADDITION,AMES, STORY COUNTY, IOWA. 3 Mpg� 3 f That 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 strip of varying width in Ringgenberg Park Subdivision Fourth Addition, Ames, Story County, Iowa, being situated five (5) feet on each side of the following centerline: Commencing at the Southeast Corner of Lot 11 in said Ringgenberg Park Subdivision Fourth Addition;thence N01°13'07"W, 164.53 feet along the East line of said subdivision to the point of beginning;thence S88°46137"W,239.12 feet;thence N27°43'15"W, 135.72 feet to an intersection point marked 'A'; thence continuing N27°43'15"W, 158.39 feet,and there terminating;and beginning at said intersection point marked 'A; thence S77°49'54"W, 330.97 feet; thence S89°58'56"W, 172.30 feet; thence N85°12'11"W, 95.82 feet; thence N89°58'15"W, 176.87 feet; thence being situated 6.91 feet on each side of the following segment S00005'30"E, 199.17 feet; thence being situated 5.00 feet on each side of the following centerline S45°05'30"E,23.91 feet;thence N89°54'30"E,64.11 feet;thence S00°05'46"E,8.18 feet to the South line of Lot 4 in said Ringgenberg Park Subdivision Fourth Addition, all of the foregoing in RINGGENBERG PARK SUBDIVISION FOURTH ADDITION,AMES, STORY COUNTY,IOWA. That undersigned further grants unto the CITY OF AMES, IOWA, and its successors and assigns, sanitary sewer easements upon, underground, over or across the following-described real estate: A strip of varying width in Ringgenberg Park Subdivision Fourth Addition, Ames, Story County, Iowa, being situated ten (10) feet on each side of the following centerline: Beginning at a point on the South line of Lot 11 in said Ringgenberg Park Subdivision Fourth Addition, which is 26.47 feet West of the Southeast Corner thereof;thence N00°06'55"W, 146.02 feet to an intersection point marked'B;thence continuing N00°06'55"W, 1.13 feet; thence NO2°44'19"E, 171.44 feet, and there terminating;and beginning at the intersection point marked'B;thence S88°46'37"W, 253.79 feet;thenceNl9°32'28"W, 153.39 feet;thence N24'01'1 8"W,5.59 feetto an intersection point marked'C'; thence continuing N24'01'18"W, 102.78 feet; thence N06°54'10"W, 138.88 feet; thence S89°27'13"W, 26.08 feet to the westerly line of Outlot A in said Ringgenberg Park Subdivision Fourth Addition, and there terminating;and being situated five(5)feet on each side of the following centerline: Beginning at the intersection point marked'C';thence S79°30'32"W,262.08 feet to an intersection point marked'D';thence continuing S79°30'32"W,2.64 feet;thence S89054'30"W, 295.46 feet to an intersection point marked 'E'; thence continuing S89°54'30"W, 136.90 feet;thence N00005'30"W, 131.26 feet,and there terminating; and being situated seven and forty-one hundredths (7.41) feet on each side of the 4 following centerline: Beginning at the intersection point marked 'D'; thence S00°02'18"E, 199.47 feet, and there terminating; and being situated six and five- tenths (6.50) feet on each side of the following centerline: Beginning at the intersection point marked'E';thence S00°05'30"E, 157.29 feet,and there terminating, all of the foregoing in RINGGENBERG PARK SUBDIVISION FOURTH ADDITION, AMES, STORY COUNTY,IOWA. That undersigned further grants unto the CITY OF AMES,IOWA, and its successors and assigns,storm sewer easements upon,underground,over or across the following-described real estate: A strip of land ten (10) feet in width in Ringgenberg Park Subdivision Fourth Addition,Ames, Story County,Iowa,being situated five(5)feet on each side of the following centerline: Beginning at a point on the South line of Lot 11 in said Ringgenberg Park Subdivision Fourth Addition, which is five (5) feet West of the Southeast Corner thereof,thence NO 1°13'07"W, 136.04 feet to an intersection point marked 'F'; thence continuing NO 1°13'07"W, 175.92 feet; thence N22°22'52"W, 83.60 feet,and there terminating;and beginning at said intersection point marked'F; thence S88°46'37"W, 258.92 feet to an intersection point marked 'G; thence S61°57'49"W, 71.09 feet; thence S00°05'30"E, 99.37 feet; thence S78°53'26"W, 123.25 feet to an intersection point marked 'H'; thence S 11°17'37"W, 33.19 feet; thence S67°33'12"W, 35.72 feet; thence N75°07'11"W, 82.34 feet; thence S89°54'30"W, 151.26 feet;thence N70°31'07"W,47.51 feet to an intersection point marked'I;thence N70°31'07"W,4.38 feet to an intersection point marked'J;thence N70-31'07"W, 63.78 feet;thence N82°59'50"W,202.27 feet;thence S89°54'30"W, 50.00 feet;thence N00°05'30"W,29.47 feet,and there terminating;and beginning at said intersection point marked 'G'; thence N l l°18'18"W, 158.93 feet; thence N27°43'12"W, 155.02 feet;thenceNO3°18'27"W, 148.17 feet;thenceN85°23'35"E, 227.43 feet, and there terminating; and beginning at intersection point marked'H; thence N11°17'37"E, 9.59 feet, and there terminating; and beginning at intersection point marked 'I'; thence S31°48'52"W, 25.56 feet to the South line of Lot 5 in said Ringgenberg Park Subdivision Fourth Addition,and there terminating;and beginning at said intersection point marked'J';thence S61°39'48"W,31.37 feet to the South line of said Lot 5, and there terminating; A strip of land ten (10) feet in width in Ringgenberg Park Subdivision Fourth Addition,Ames, Story County, Iowa,being situated five(5)feet on each side of the following centerline: Commencing at the Northwest Corner of Lot 1 in said Ringgenberg Park Subdivision Fourth Addition; thence S00°05'30"E, 55.55 feet along the West line of said Lot 1 to the point of beginning; thence continuing S00005'30"E, 244.28 feet; thence S65°23'15"E, 141.39 feet, and there terminating; AND, 5 A strip of land ten(10)feet in width lying in Lot 12 of Ringgenberg Park Subdivision Fourth Addition,Ames,Story County,Iowa,being situated five(5)feet on each side of the following centerline: Commencing at the Northeast Corner of said Lot 12; thence S01°13'07"E, 65.67 feet along the East line of said Lot 12 to the point of beginning; thence N62°19'04"E, 66.08 feet, and there terminating, all of the foregoing in RINGGENBERG PARK SUBDIVISION FOURTH ADDITION,AMES, STORY COUNTY,IOWA. All the above easements are granted according to the following terms and conditions: 1. The owner or owners of each lot within Ringgenberg Park Subdivision Fourth Addition, Ames, Story County, Iowa (the"Subdivision"), and their successors and assigns (each a "Lot Owner"and collectively,the"Lot Owners")shall not: (a)erect any structures over or within the easement areas identified herein(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, water, electric, and sanitary sewer 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. The City of Ames, Iowa, shall have the right of access to, across, and under the Easement Areas, together with rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Areas for the purposes described herein,including,but not limited to,the right to remove any unauthorized obstructions or structures placed or erected on the Easement Areas, and the right to enforce, through appropriate legal action, any of the obligations assumed by a Lot 6 Owner, or the Lot Owners, with respect to the ownership of a lot within the Subdivision as granted herein. 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. Dated this Z�7day of February, 2014. FRIEDRICH LAND DEVELOPMENT COMPANY,L.L.C. By: 7z -mot Kurt W. Friedrich, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this a!5 day of February, 2014, by Kurt W. Friedrich, as the Manager of Friedrich Land Develop t Company, L.L.C. AAAA �. �, CASSIE JO WRIGHT Commission dumber 778276 Notary Public in an fort tate of Iowa �r"fission Expires - -1__�_= My commission expires f2-,J-J 7