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Home My WebLink AboutA008 - Easements .f a Instrument:2014- 00010776 '^ M Date:Der- 04,2014 03:01:15P S D Rec Fee: 40.00 E-Core Fee: 1.00 c G Aud Fee: .00 Trans Tax: ,00 0 Rec Management Fee: 1,11 Q Non-Standard Page Fee: ,00 o Filed for record in Story Countyr Iowa Susan L. Vande Kama► County Recorder �Z z �N w u N W 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 EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That HUNZIKER DEVELOPMENT COMPANY, LLC, 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 and the Southwesterly 5 feet of Lot One (1); The Easterly 10 feet and the Southwesterly 5 feet of Lot Two(2); The East 10 feet and the Southwesterly 5 feet of Lot Three (3); The East 10 feet and the Southwesterly 5 feet of Lot Four(4); The East 10 feet and the Southwesterly 5 feet of Lot Five (5); The East 10 feet of Lot Six (6); The East 10 feet of Lot Seven(7); The Northeasterly 10 feet and the Southwesterly 5 feet of Lot Eight(8); The Northeasterly 10 feet and the Southwesterly 5 feet of Lot Nine (9); The Northeasterly 10 feet and the Southwesterly 5 feet of Lot ten (10); The Northeasterly 10 feet and the Southwesterly 5 feet of Lot Eleven(11); The Northeasterly 10 feet,the Southwesterly 5 feet, and the West 5 feet of Lot Twelve (12); The Southwesterly 10 feet of Lot Thirteen(13); The Southwesterly 10 feet of Lot Fourteen(14); The Southwesterly 10 feet of Lot Fifteen(15); The Southwesterly 10 feet of Lot Sixteen(16); The East 5 feet and the Southwesterly 10 feet of Lot Seventeen(17); The East 10 feet and the West 5 feet of Lot Eighteen(18); The East 10 feet and the West 5 feet of Lot Nineteen(19); The East 10 feet and the West 5 feet of Lot Twenty(20); The East 10 feet and the West 5 feet of Lot Twenty-one (21); The East 10 feet and the West 5 feet of Lot Twenty-two (22); The East 10 feet, the South 10 feet and the West 5 feet of Lot Twenty-three(23); The North 10 feet,the East 10 feet, and the West 5 feet of Lot Twenty-four(24); The East 10 feet and the West 5 feet of Lot Twenty-five (25); The East 10 feet and the West 5 feet of Lot Twenty-six (26); The East 10 feet and the West 5 feet of Lot Twenty-seven(27); The East 10 feet and the West 5 feet of Lot Twenty-eight(28); The East 10 feet and the West 5 feet of Lot Twenty-nine (29); The East 10 feet and the West 5 feet of Lot Thirty(30); The East 5 feet and the West 10 feet of Lot Thirty-one(31); The East 5 feet and the West 10 feet of Lot Thirty-two (32); The East 5 feet and the West 10 feet of Lot Thirty-three(33); The East 5 feet and the West 10 feet of Lot Thirty-four(34); The East 5 feet and the West 10 feet of Lot Thirty-five (35); The East 5 feet and the West 10 feet of Lot Thirty-six (36); The North 10 feet, the East 5 feet and the West 10 feet of Lot Thirty-seven(37); The East 5 feet, the South 10 feet, and the West 10 feet of Lot Thirty-eight(38); The East 5 feet and the West 10 feet of Lot Thirty-nine (39); The East 5 feet, the West 10 feet, and the South 5 feet of the East 25 feet of Lot Forty (40); The East 5 feet and West 10 feet of Lot Forty-one(41); AND, The East 5 feet and West 10 feet of Lot Forty-two(42), all of the foregoing in SCENIC VALLEY SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,IOWA. The undersigned further grants unto the CITY OF AMES,IOWA, and its successors and assigns,surface water flowage easements upon,underground,over or across the following-described real estate: The Northeasterly 20 feet of Lot Thirteen (13); The Northeasterly 20 feet and Southeasterly 10 feet of Lot Fourteen(14); The Northeasterly 40 feet and Northwesterly 10 feet of Lot Fifteen(15); The Northeasterly 40 feet of Lot Sixteen(16); The South 15 feet of Lot Twenty-three (23); The South 25 feet of Lot Twenty-five (25); The North 25 feet of Lot Twenty-six (26); The North 20 feet of Lot Thirty-five (35); AND, 3 The South 20 feet of Lot Thirty-six (36), all of the foregoing in SCENIC VALLEY SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY, IOWA. 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: The East 20 feet of the North 245.11 feet of Lot One(1); AND, The Northwesterly 10 feet of Lot Thirteen(13), all of the foregoing in SCENIC VALLEY SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,IOWA. The purpose of the Greenbelt Easements (as defined herein) is to maintain a natural and healthy wooded area for its scenic and aesthetic value and to protect and maintain the sloped terrain within the Greenbelt Easement Areas (as defined herein) from degradation and erosion. The undersigned further grants unto the CITY OF AMES, IOWA, and its successors and assigns, greenbelt easements(collectively,the"Greenbelt Easements")upon,underground,over or across the following-described real estate(collectively,the"Greenbelt Easement Areas"): That portion of Lot One (1), Scenic Valley Subdivision First Addition, more particularly described as follows:Beginning at the South corner of said Lot 1;thence N30055'37"W, 544.79 feet along the Southwesterly line of said Lot 1; thence N47018'42"E, 117.71 feet along the Northwesterly line of said Lot 1; thence S32054'57"E,330.40 feet to the East line of said Lot 1;thence S02°57'22"E,270.14 feet along the East line of said Lot 1 to the Point of Beginning; That portion of Lot Two (2), Scenic Valley Subdivision First Addition, more particularly described as follows: Beginning at the Southwesterly corner of said Lot 2; thence N30°55'37"W, 310.47 feet along the Southwesterly line of said Lot 2; thence N89°58'13"E, 236.45 feet along the North line of said Lot 2; thence S02057'22"E, 186.89 feet to the Southeasterly line of said Lot 2; thence S470 18'42"W, 117.71 feet along the Southeasterly line of said Lot 2 to the Point of Beginning; 4 That portion of Lot Three (3), Scenic Valley Subdivision First Addition, more particularly described as follows:Beginning at the Southwesterly corner of said Lot 3; thence N30°55'37"W, 116.54 feet along the Westerly line of said Lot 3; thence N89058'13"E, 291.18 feet along the North line of said Lot 3; thence S02°57'22"E, 100.13 feet to the South line of said Lot 3; thence S89°58'13"W,236.45 feet along the South line of said Lot 3 to the Point of Beginning; That portion of Lot Four (4), Scenic Valley Subdivision First Addition, more particularly described as follows: Beginning at the Southwesterly corner of said Lot 4; thence N30°55'37"W, 116.54 feet along the Westerly line of said Lot 4; thence N89058'13"E, 345.91 feet along the North line of said Lot 4; thence S02°57'22"E, 100.13 feet to the South line of said Lot 4; thence S89°58'13"W,291.18 feet along the South line of said Lot 4 to the Point of Beginning; That portion of Lot Five (5), Scenic Valley Subdivision First Addition, more particularly described as follows: Beginning at the Southwesterly corner of said Lot 5; thence N30°55'37"W, 1.77 feet along the Westerly line of said Lot 5; thence N47047'07"E, 146.65 feet along the Northwesterly line of said Lot 5; thence N89°58'13"E,233.04 feet along the North line of said Lot 5;thence S02°57'22"E, 100.13 feet to the South line of said Lot 5; thence S89058'13"W, 345.91 feet along the South line of said Lot 5 to the Point of Beginning; That portion of Lot Six (6), Scenic Valley Subdivision First Addition, more particularly described as follows: Beginning at the Southwesterly corner of said Lot 6; thence N47°47'07"E, 148.91 feet along the Northwesterly line of said Lot 6; thence N89°58'13"E, 117.59 feet along the North line of said Lot 6; thence S02057'22"E, 100.13 feet to the South line of said Lot 6; thence S89058'13"W, 233.04 feet along the South line of said Lot 6 to the Point of Beginning; That portion of Lot Seven (7), Scenic Valley Subdivision First Addition, more particularly described as follows: Beginning at the Southwesterly corner of said Lot 7; thence N47047'07"E, 145.07 feet along the Northwesterly line of said Lot 7; thence S05056'51"E,97.94 feet to the South line of said Lot 7;thence S89°58'13"W, 117.59 feet along the South line of said Lot 7 to the Point of Beginning; That portion of Lot Eight (8), Scenic Valley Subdivision First Addition, more particularly described as follows: Beginning at the Southwesterly corner of said Lot 8; thence N30°55'37"W, 101.97 feet along the Westerly line of said Lot 8; thence N47047'07"E, 310.44 feet along the Northwesterly line of said Lot 8; thence N90000'00"E, 148.83 feet to the Southeasterly line of said Lot 8; thence S47047'07"W,440.63 feet along the Southeasterly line of said Lot 8 to the Point of Beginning; That portion of Lot Nine (9), Scenic Valley Subdivision First Addition, more particularly described as follows:Beginning at the Southwesterly corner of said Lot 5 9; thence N30°55'37"W, 101.97 feet along the Westerly line of said Lot 9; thence N47047'07"E, 268.64 feet along the Northwesterly line of said Lot 9; thence S420 12'53"E,80.19 feet;thence N00°00'00"E,29.49 feet to the Southeasterly line of said Lot 9;thence S47°47'07"W,310.44 feet along the Southeasterly line of said Lot 9 to the Point of Beginning; That portion of Lot Ten (10), Scenic Valley Subdivision First Addition, more particularly described as follows: Beginning at the Southwesterly corner of said Lot 10;thence N30°55'37"W, 101.97 feet along the Westerly line of said Lot 10;thence N47047'07"E, 266.91 feet along the Northwesterly line of said Lot 10; thence S31°53'14"E, 101.65 feet to the Southeasterly line of said Lot 10; thence S47047'07"W,268.64 feet along the Southeasterly line of said Lot 10 to the Point of Beginning; That portion of Lot Eleven (11), Scenic Valley Subdivision First Addition, more particularly described as follows: Beginning at the Southwesterly corner of said Lot 11;thence N30055'37"W, 101.97 feet along the Westerly line of said Lot 11;thence N47047'07"E, 239.71 feet along the Northwesterly line of said Lot 11; thence S46021'10"E, 100.26 feet to the Southeasterly line of said Lot 11; thence S47047'07"W,266.91 feet along the Southeasterly line of said Lot 11 to the Point of Beginning; That portion of Lot Twelve (12), Scenic Valley Subdivision First Addition, more particularly described as follows: Beginning at the South corner of said Lot 12; thence N30055'37"W, 47.18 feet along the Westerly line of said Lot 12; thence N00012'07"W, 29.63 feet along the West line of said Lot 12; thence continuing N00°12'07"W,271.21 feet along the West line of said Lot 12;thence N80027'15"E, 129.31 feet along the Northerly line of said Lot 12;thence N47°47'07"E,25.30 feet along the Northwesterly line of said Lot 12; thence S17°00'22"W, 133.34 feet; thence S46°21'10"E, 132.11 feet to the Southeasterly line of said Lot 12; thence S47047'07"W,239.71 feet along the Southeasterly line of said Lot 12 to the Point of Beginning; AND, The entire parcel of Outlot F, all of the foregoing in SCENIC VALLEY SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,IOWA. With respect to the Greenbelt Easement Areas, the following shall apply: a. No habitable structures shall be erected within the Greenbelt Easement Areas; 6 b. Ash trees may be removed from within the Greenbelt Easement Areas at any time, and dead, dangerous, and/or diseased trees may be removed from the Greenbelt Easement Areas; c. Other trees and scrub vegetation may selectively be removed from the Greenbelt Easement Areas with the purpose of promoting the health of the overall woods and protection of the sloped terrain, and accordingly,the clearing of large areas of trees from within the Greenbelt Easement Areas is prohibited unless the City of Ames, Iowa concurs with a report from a certified arborist with respect to the need for a large clearing of trees in support of the aforementioned purpose; d. Gazebos and other non-habitable structures are permitted within Outlot F,subject to the requirements of the flood plain zoning regulations; e. Non-habitable structures are permitted within the Greenbelt Easement Areas, other than Outlot F, when such non-habitable structures are placed or constructed in a manner that does not cause erosion or the degradation of the sloped terrain; f. Walking paths are permitted within the Greenbelt Easement Areas when such walking paths are constructed in a manner that does not cause erosion or the degradation of the sloped terrain; and g. Representatives of the City of Ames,Iowa may access the Greenbelt Easement Areas, with reasonable notice, for purposes of reviewing the condition of the land and vegetation within the Greenbelt Easement Areas and consistency with the purpose of the Greenbelt Easements; however, the City of Ames, Iowa has no obligation for maintenance or improvement of the land or vegetation within the Greenbelt Easement Areas. 7 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 day of October, 2014. HUNZIKER DEVELOPMENT COMPANY, LLC By: can E. Hunziker, ager y. �. Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this6� day of October, 2014, by Dean E. Hunziker and Charles E. Winkleblack,as the Managers of Hunziker Development Company,LLC. Notary Pubf1c i nd for&e St too Iowa My commission expires 3 i JENNIFER KAPAUN Commission Number 783061 8