HomeMy WebLinkAboutA001 - Easement Declaration dated December 2, 2013 07-24-14;02: 25PM;admin ; 515-382-7239 # 2/ 5
�o
U
N� .
y � �
d iCWt_tnstrueest=2014- 000OM79
fo M 0ateiJan 31r2014 03112203P
0 Rt:c Fee: 20.00 E-Coe Feet 1.00
e 6/ kW Feet .00 Treas Text .00
z z —1C K. rk..aeent Feet 1.00
hon-Standard Pass Feat .00
Filed for rom d Ie Story Comtvv Iowa
b r 8+san L. Mande Kara, County Recorder
Space above for recording data
By & Return To: Cr-al R. Hastings, Att'y at Law,409 Duff,Ames IA 50010 515 232-2501
EASEMENT DECLARATION
KNOW ALL PERSONS BY THIS INSTRUMENT that DAKOTA CROSSING, L.C.,
does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following
described Electric Utility and Water Main Easements and further declares the following
Ingress-Egress Easements:
A. ELECTRIC UTILITY EASEMENT. Dakota Crossing, L.C., grants to the City of Ames,
Iowa, the right to construct, reconstruct, maintain and use its electric lines, consisting of
wires and underground cables, fixtures, anchors and other similar equipment, or any
part thereof, underground, across the following described real estate, all within 9th
Addition, Dauntless Subdivision, Ames, Iowa:
i
Lot No, Easement Area
Lots 1 & 2 A PART OF LOTS 1 AND 2 MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1 AND A CURVE
CONCAVE NORTHERLY WHOSE RADIUS IS 3550.00 FEET, WHOSE ARC LENGTH
IS 5.02 FEET AND WHOSE CHORD BEARS SOUTH 85'35'57" EAST, 5.02 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID
NORTHERLY LINE AND A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS
3550.00 FEET, WHOSE ARC LENGTH IS 10.03 FEET AND WHOSE CHORD BEARS
SOUTH 85'43'14" EAST, 10.03 FEET; THENCE SOUTH 0'05'56" EAST, 267.00 FEET;
THENCE SOUTH 27'00'00" WEST, 69.39 FEET; THENCE SOUTH 63'04'33" EAST,
44.01 FEET; THENCE SOUTH 27'00'00" WEST, 10.00 FEET; THENCE NORTH
63'04'33" WEST, 44,01 FEET; THENCE SOUTH 27000'00" WEST, 14.49 FEET TO
THE NORTHERLY LINE OF AN EXISTING STORM WATER DETENTION
EASEMENT; THENCE NORTH 63'23'47" WEST ALONG SAID NORTHERLY LINE,
126.73 FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE NORTH 6'14'32"
EAST ALONG SAID WESTERLY LINE, 10.67 FEET; THENCE SOUTH 63'23'47"
EAST, 120.51 FEET; THENCE NORTH 27'00'00" EAST, 81.54 FEET; THENCE
NORTH 0'05'56" WEST, 265.36 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.12 ACRES (5,215 SQUARE FEET).
07-24-14;02:25PM;admin ; 515-382-7239 # 3/ 5
I
Easement Grant p 2
B. WATER (MAIN EASEMENT. Dakota Crossing, L.C., grants to the City of Ames,
Iowa, the right to construct, reconstruct, maintain and use its water main lines,
underground, across the following described real estate, all within 9th Addition,
Dauntless Subdivision, Ames, Iowa:
Lot No. Easement Area
Lot 1 A PART OF LOT 1 MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1 AND A CURVE
CONCAVE NORTHERLY WHOSE RADIUS IS 3550.00 FEET, WHOSE ARC LENGTH
IS 15.04 FEET AND WHOSE CHORD BEARS SOUTH 85'40'48" EAST, 15.04 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID
NORTHERLY LINE AND A CURVE CONCAVE NORTHERLY WHOSE RADIUS IS
3550.00 FEET, WHOSE ARC LENGTH IS 10.03 FEET AND WHOSE CHORD BEARS
SOUTH 85'52'57" EAST, 10,03 FEET; THENCE SOUTH 0'05'56" EAST, 266.27 FEET;
THENCE SOUTH 89`54'04" WEST, 10.00 FEET; THENCE NORTH 0'05'56" WEST,
267.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.06 ACRES (2,666
SQUARE FEET).
C. INGREss-EGRESS EASEMENT. Dakota Crossing, L.C., declares the real estate
described to be subject to an ingress-egress easement all within 9th Addition, Dauntless
Subdivision, Ames, Iowa:
Lot No. Easement Area
Lot 2 THE NORTH 55.00 FEET OF LOT 2, EXCEPT FOR THE
WEST 15.00 FEET THEREOF
Lot 2 A PART OF LOT 2 MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH
6'14'32" WEST ALONG THE WESTERLY LINE OF SAID LOT 2, A DISTANCE OF
271.72 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'48'03" EAST,
92.16 FEET TO A CORNER ON THE EASTERLY LINE OF SAID LOT 2; THENCE
SOUTH 0'05'56" EAST ALONG SAID EASTERLY LINE, 25.00 FEET; THENCE
NORTH 89`48'03" WEST, 94.93 FEET TO THE WESTERLY LINE OF SAID LOT 2;
THENCE NORTH 6'14'32" EAST ALONG SAID WESTERLY LINE, 25.14 FEET TO
THE POINT OF BEGINNING AND CONTAINING 0.05 ACRES (2,339 SQUARE FEET).
i
07-24-14;02: 25PM;admin ;515-382-7239 # 4/ 5
Easement_Grant P. 3
D. GENERAL CONDITIONS. All such easements are granted according to the following
terms and conditions,
1. Dakota Crossing, L..C., its successors and assigns, shall not
a. erect any structures over or within the easement area without
obtaining the prior written approval of the City Engineer.
b. erect or cause to be placed on the easement area any structure,
material, device, thing or matter which could possibly obstruct or impede the normal
flow of surface water over the easement area without obtaining the prior written
approval of the City Engineer,
C. change grade, elevation or contour of any part of the easement
area without obtaining the prior written approval of the City Engineer.
2. The City of Ames, its assigns and licensees, shall install and maintain
construct, reconstruct, maintain and use its utilities underground within the said
easement areas described above in a safe and prudent manner. It shall also restore the
Easement Areas in a goad and workmanlike manner, including but not limited to
restoration of lawns by sodding or seeding, and restoration of driveways damaged by
the City as nearly as possible to original condition.
E. RIGHTS OF CITY_ 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 for 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;
2. the right to Improve, repair and maintain the easement area; and
3, the right to enforce through appropriate legal action any of the obligations
1 assumed by the owners of the lots in the subdivision under this Easement Grant.
F. LiAoILITY. The foregoing rights are granted upon the express condition that the
users of the granted rights will assume liability for all damage to the described real
estate and adjoining real estate caused by failure to use due care In the exercise of the
granted rights, and will indemnify and hold the Grantors harmless of any liability by the
use of the easement rights granted.
_ 07-24-14;02:25PM;admin -_ - _ ;515-382-7239 # 5/ 5
r ,
Easement Grant R.4
Dated this 2 1 day of 10'e Y'✓" . 2013.
Dakota Crossing, L.C.
by �i
Brent Haverkamp, Mana r
i
STATE OF IOWA. COUNTY OF STORY )
This instrument was acknowledged before me on Qece nbe�r Z
2013 by Brent Haverkamp as Manager of Dakota Crossing, L_C_
'�\ 1 t -iw 4 A-7>
ij yea M o ry Public in and far said State and County
I
I