HomeMy WebLinkAboutA006 - Easement dated February 26, 2015 I Inst p :2 - -
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N Date:.J�lin 25,2015 10:106:.32A
D Rer_ Fee: 25,00 E-Com Fee: 1.01j
Gl Aud Fee: ,01) Trans Tax: ,00
R Rec Mana.9ement Fee: 1.00
Non-:standard F`ase Fee:
Filed for record in Story Co,jjntsr Iowa
'Stacie L. Nerrid3et County Recorder
INSTRUMENT PREPARED BY: David W.Benson, 1416 Buckeye Ave.,Ames IA 50010(Tel: 956-3900)
RETURN DOCUMENT TO: David W.Benson, 1416 Buckeye Ave.,Ames IA 50010
EASEMENT
KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned, Ames Associates,
an Illinois limited partnership, hereinafter referred to as the GRANTOR, for good and valuable
consideration, does hereby grant unto the City of Ames, Iowa, a municipal corporation, its
successors and assigns, 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 to
construct, reconstruct, cover over, clean up, operate, use, maintain and repair the systems
described for the uses set forth hereinafter over, upon, across and under the Easement Area. The
Easement Area is a strip of land situated in Story County, Iowa, as shown on the final plat
drawing of McFarland Subdivision,Ames,Iowa,and described as follows:
For use in distributing electricity and such other general utilities as may be
distributed under franchise of the City of Ames, Iowa: The real property shown
on Schedule"A"attached hereto and by this reference made a part hereof.
For use of a sanitary sewer system: The real property shown on Schedule `B"
attached hereto and by this reference made a part hereof.
For use of a water main system: The real property shown on Schedule "C"
attached hereto and by this reference made a part hereof.
The foregoing rights are granted by the Grantor and shall be accepted and exercised by
the Grantee subject to the following terms and conditions:
1. OBSTRUCTIONS PROHIBITED. The Grantor, as the fee simple owner of the
underlying real estate, and the Grantor's successors and assigns, shall not erect or place within the
Easement Area any building or other structure or improvement which will interfere with the
easement rights granted herein other than cemented or asphalt parking areas, landscaping, grass
or comparable ground cover, except with the prior written consent of the Grantee. The Grantee
shall have the right to trim or remove trees and shrubs within the Easement Area to prevent
damage to a utility service line of the Grantee located within the Easement Area.
2. REPAIR. Immediately following construction, reconstruction or repair work by
the Grantee within the Easement Area, weather and season permitting, the Grantee shall restore,
cause to have restored or pay a reasonable sum for all damages to the Easement Area caused by
the construction,reconstruction or repair.
2470164/2/13644.005
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; and that the Easement Area is free and clear of all liens
and encumbrances except as may be described in the Mortgagee's Subordination attached hereto.
5. CONSTRUCTION. 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.
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SCHEDULE"A"
Electric and General Utility Easement
A strip of varying width across Lots 1 and 2 in McFarland Subdivision in the City of
Ames, Story County, Iowa, being described as follows: Commencing at the Southeast
Corner of said Lot 2; thence N00017'40"W, 207.61 feet along the East line of said Lot 2
to the point of beginning; thence S25014'09"W, 186.53 feet; thence N89015'10"W,
194.89 feet; thence N00°00'00"E, 10.28 feet; thence S89°25'17"W, 37.52 feet; thence
N00037'22"E, 62.11 feet; thence N89°03'34"W, 146.84 feet; thence S57042'46"W,
163.91 feet; thence N87056'09"W, 186.93 feet; thence N56009'13"W, 37.17 feet; thence
S82057'59"W, 56.02 feet; thence N89°29'19"W, 261.74 feet to the westerly line of said
Lot 1; thence following the westerly boundary of said Lot 1 N00°19'39"W, 3.40 feet ;
thence S88045'23"E, 135.38 feet; thence N01012'59"E, 8.33 feet; thence departing said
boundary S89°29'19"E, 125.66 feet; thence N82°57'59"E, 66.73 feet; thence
S56009'13"E, 40.35 feet; thence S87°56'09"E, 171.50 feet; thence N57042'46"E, 163.81
feet; thence S89003'34"E, 159.76 feet; thence S00°37'22"W, 61.85 feet; thence
N89°25'17"E, 51.41 feet; thence S00°00'00"W, 10.83 feet; thence S89°15'10"E, 164.58
feet; thence N25°14'09"E, 201.03 feet to the East line of said Lot 2; thence S00°17'40"E,
23.20 feet to the point of beginning, containing 12815.67 s.f.
SCHEDULE"B"
Sanitary Sewer Easement
A strip of land 20.00 feet in width across Lots 1 and 2 in McFarland Subdivision in the
City of Ames, Story County, Iowa, being described as follows: Commencing at the
Northeast Corner of said Lot 2; thence following the easterly boundary of said Lot 2
S00°07'48"W, 50.07 feet to the beginning of a curve; thence southerly and
southwesterly, 122.21 feet along said curve having a radius of 265.00 feet, concave to
the west, a central angle of 26°25'23" and being subtended by a chord which bears
S12043'00"W, 121.13 feet; thence S64°00'26"E, 23.09 feet to the point of beginning,
thence S69033'25"W, 242.00 feet; thence N88°46'58"W, 764.84 feet, and there
terminating, containing 20136.71 s.f.
SCHEDULE"C"
Water Main Easement
A strip of varying width across Lots 1 and 2 in McFarland Subdivision in the City of
Ames, Story County, Iowa, being described as follows: Commencing at the Southeast
Corner of said Lot 2; thence N88°45'23"W, 4.95 feet along the South line of said Lot 2 to
the point of beginning; thence continuing N88°45'23"W, 10.00 feet; thence N01°04'11"E,
15.09 feet; thence N88°24'37"W, 444.30 feet; thence N89°14'33"W, 12.72 feet; thence
S00013'18"E, 17.67 feet; thence N88°45'23"W, 10.00 feet; thence N00°13'18"W, 17.59
feet; thence N89'14'33"W, 439.77 feet; thence N29050'47"W, 148.24 feet to the westerly
line of said Lot 1; thence N01°12'59"E, 19.38 feet along said line; thence S29°50'47"E,
159.14 feet; thence S89°14'33"E, 456.86 feet; thence S88'24'37"E, 371.71 feet; thence
N01°15'31"E, 233.52 feet; thence N87029'02"W, 14.31 feet; thence S02030'58"W, 11.64
feet; thence N87°29'02"W, 10.00 feet; thence N02030'58"E, 11.64 feet; thence
N87029'02"W, 334.13 feet; thence NO2°30'58"E, 10.00 feet; thence S87°29'02"E, 4.78
feet; thence N00°22'07"E, 45.19 feet; thence N87059'42"W, 269.49 feet; thence
S02000'18"W, 5.00 feet; thence N89°08'00"W, 9.81 feet; thence N00°08'28"W, 5.00 feet;
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2470164/2/13644.005
thence S89°51'32"W, 256.87 feet; thence S00008'28"E, 5.00 feet; thence S89°51'32"W,
10.00 feet; thence N00008'28"W, 5.00 feet; thence S89°51'32"W, 10.56 feet to the
westerly line of said Lot 1; thence N01°12'59"E, 10.00 feet along said line; thence
N89051'32"E, 282.68 feet; thence S87059'42"E, 284.10 feet; thence S00°22'07"W, 55.28
feet; thence S87029'02"E, 321.70 feet; thence N37037'06"E, 129.07 feet; thence
N12°49'01"E, 3.78 feet to the easterly line of said Lot 2; thence S64°00'26"E, 18.56 feet
along said line; thence S12°49'01"W, 6.30 feet; thence N77°10'59"W, 10.17 feet; thence
S37-37'06"W, 119.23 feet; thence S87029'02"E, 34.23 feet; thence N37'37'06"E, 79.79
feet; thence N89°55'15"E, 6.56 feet to the East line of said Lot 2; thence S00°17'40"E,
10.00 feet along said line; thence S89°55'15"W, 1.68 feet; thence S37°37'06"W, 80.08
feet; thence N87°29'02"W, 19.69 feet; thence S01°15'31"W, 233.36 feet; thence
S88024'37"E, 72.57 feet; thence S01°04'11"W, 25.03 feet to the point of beginning,
containing 25737.90 s.f.
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2470164/2/13644.005
Z
IN WITNESS WHEREOF the undersigned has executed this instrument on this � day
of 2z,lo . , 2015.
AMES ASSOCIATES,
an Illinois limited partnership
By: MCK, Inc,
Its: General Partner
B Z�/' �- ' "4
Y�
Na e: Bur17ChudacAf-
Its: President
STATE OF 1 t,y( ►y0l 7, COUNTY OF eO t� , SS:
This instru/IT�(}��e�n�t was nowledg d befor me onZ�i. `�S' ,2015, by
(,U I, OLCd�r as V 0 5 i ckt 4 " of MCK, Inc.,general partner of Ames
Associates, an Illinois limited partnership.
,,de0,s Public
OFFICIAL SEr TNA
TAMMY A,DIMEN
S NOTAR'(PUBLIC-STATE OLINOIS
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