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HomeMy WebLinkAboutA011 - Easement Grant dated October 7, 2013 �s Instrueent:2013- 00012361 Date:Oct 1672013 12144:15P �°. D Rec Fees 25.00 E-Coe Fee: 1.00 6 AW Fee: .00 Trans Tax: .00 Rec Mm meeent Feet 1.00 Finn-Standard Pose Fees .00 Filed for record in Stars County► Iowa Susan L. Vande Kano, County Recorder 94 Return to Preparer: Lisa R.Wilson, 1906 Ingersoll Ave.,Ste.2,.Des Moines,Iowa 50309 (515)369-2502 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that BELLA WOODS, L.L.C., an Iowa limited liability company, does hereby grant to Recognized Utility Providers, the perpetual right to the following described easements: A. General Public Utility Easement. Bella Woods, L.L.C. grants to Recognized Utility Providers,perpetual easements for Public Utility purposes as, from time to time,determined by them over,under, through and across the following described real estate: See Exhibit"A" (hereinafter called "Easement Area") for the purpose of constructing,reconstructing,repairing, grading,improving and maintaining public utilities, together with necessary appurtenances thereto, under,over,through and across said Easement Area. B. General Terms and Conditions. Bella Woods, L.L.C., its successors and assigns, shall not: 1. erect any structures over or within the easement area without obtaining the prior written approval of the relevant utility company. 2. 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 relevant utility company. 3. change grade, elevation or contour of any part of the easement area without obtaining the prior written approval of the relevant utility company. C. The Recognized Utility Providers shall have the right of access to the easement areas granted in this Easement Grant together with rights of ingress and egress reasonably necessary to the use and enjoyment of the easement area for the purposes described, including, but not limited to: 1 1. the right to remove any unauthorized obstructions or structures placed or erected on the easement area, and 2. the right to improve,repair and maintain the easement area. D. The foregoing rights are granted upon the express condition that users of the granted rights will assume liability for all damage to the hereinbefore described real estate and adjoining real estate caused by failure to use due care in the exercise of the granted rights. Dated this 7 day of October, 2013. BELLA WOODS, L.L.C. By: Scott Campney, Mana STATE OF IOWA,POLK COUNTY This instrument was acknowledged before me on the day of October, 2013, by Scott Campney, Manager of Bella Woods, L.L.C. ZANER B.SMITH Notary Public in and fo said State and County 0arm6nbn N MY W FW&W Febuvy Z2. s 2 EXHIBIT "A" THE WEST 10.00 FEET OF THE EAST 20.00 FEET OF LOTS 1 AND 2, BELLA WOODS, AN OFFICIAL PLAT, STORY COUNTY, IOWA. AND THE SOUTH 10.00 FEET OF THE NORTH 2O.00 FEET OF LOT 3, BELLA WOODS,AN OFFICIAL PLAT; EXCEPT THE EAST 10.00 FEET, STORY COUNTY, IOWA. AND THE WEST 10.00 FEET OF THE EAST 20.00 FEET OF LOT 3, BELLA WOODS, AN OFFICIAL PLAT; EXCEPT THE NORTH 10.00 FEET, STORY COUNTY, IOWA. AND THE SOUTH 10.00 FEET OF THE NORTH 2O.00 FEET OF LOTS 4 AND 5, BELLA WOODS, AN OFFICIAL PLAT, STORY COUNTY, IOWA. AND THE SOUTH 10.00 FEET LOT 6, BELLA WOODS, AN OFFICIAL PLAT, STORY COUNTY, IOWA. AND THE NORTH 10.00 FEET OF THE SOUTH 2O.00 FEET OF LOT 8, BELLA WOODS, AN OFFICIAL PLAT; EXCEPT THE EAST 10.00 FEET, STORY COUNTY, IOWA. AND THE WEST 10.00 FEET OF THE EAST 20.00 FEET OF LOT 8,BELLA WOODS,AN OFFICIAL PLAT; EXCEPT THE SOUTH 10.00 FEET, STORY COUNTY, IOWA. AND THE EAST 10.00 FEET OF THE WEST 20.00 FEET OF LOTS 9 THROUGH 15 AND OUTLOT `X',BELLA WOODS, AN OFFICIAL PLAT, STORY COUNTY,IOWA. AND 3 A PART OF OUTLOT `Y', BELLA WOODS,AN OFFICIAL PLAT, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID OUTLOT `Y';THENCE NORTH 89043'31" WEST ALONG THE SOUTH LINE OF SAID OUTLOT `Y', 10.00 FEET TO THE POINT OF BEGINNING;THENCE NORTH 89°43'31" WEST ALONG THE SOUTH LINE OF SAID OUTLOT `Y', 45.00 FEET; THENCE NORTH 29°57'49" EAST, 69.04 FEET TO THE NORTH LINE OF SAID OUTLOT `Y'; THENCE SOUTH 89°43'09" EAST ALONG SAID NORTH LINE, 10.02 FEET TO THE NORTHEAST CORNER OF SAID OUTLOT `Y'; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID OUTLOT `Y' AND A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 290.00 FEET,WHOSE ARC LENGTH IS 14.54 FEET AND WHOSE CHORD BEARS SOUTH 1°33'55" EAST, 14.54 FEET; THENCE SOUTH 00007'43" EAST ALONG SAID EAST LINE, 45.45 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,659 SQUARE FEET. AND A PART OF OUTLOT `Z', BELLA WOODS,AN OFFICIAL PLAT, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID OUTLOT `Z';THENCE SOUTH 87052'07"WEST ALONG THE SOUTH LINE OF SAID OUTLOT `Z', 66.72 FEET;THENCE NORTH 00019'47" EAST, 10.01 FEET; THENCE NORTH 87°52'07" EAST, 61.68 FEET TO THE EAST LINE OF SAID OUTLOT `Z';THENCE SOUTHERLY ALONG SAID EAST LINE AND A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 60.00 FEET, WHOSE ARC LENGTH IS 11.03 FEET AND WHOSE CHORD BEARS SOUTH 26052'01" EAST, 11.01 FEET TO THE POINT OF BEGINNING AND CONTAINING 640 SQUARE FEET. AND A PART OF OUTLOT `Z', BELLA WOODS, AN OFFICIAL PLAT, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID OUTLOT `Z'; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID OUTLOT `Z' AND A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 60.00 FEET, WHOSE ARC LENGTH IS 11.03 FEET AND WHOSE CHORD BEARS SOUTH 22036'15" WEST, 11.01 FEET;THENCE SOUTH 87052'07" WEST, 59.96 FEET;THENCE NORTH 00°19'47" EAST, 10.01 FEET TO THE NORTH LINE OF SAID OUTLOT `Z'; THENCE NORTH 87°52'07" EAST ALONG SAID NORTH LINE, 64.14 FEET TO THE POINT OF BEGINNING AND CONTAINING 619 SQUARE FEET. AND A PART OF LOT 7,BELLA WOODS,AN OFFICIAL PLAT, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 4 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7;THENCE NORTH 00019'47" EAST ALONG THE WEST LINE OF SAID LOT 7, A DISTANCE OF 10.01 FEET; THENCE NORTH 87052'07" EAST, 31.37 FEET;THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 80.00 FEET, WHOSE ARC LENGTH IS 125.36 FEET AND WHOSE CHORD BEARS NORTH 72045'35" EAST, 112.92 FEET TO THE EAST LINE OF SAID LOT 7; THENCE SOUTH 00119'47" WEST ALONG SAID EAST LINE, 11.48 FEET;THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 70.00 FEET, WHOSE ARC LENGTH IS 120.61 FEET AND WHOSE CHORD BEARS SOUTH 72°36'24" WEST, 106.24 FEET; THENCE SOUTH 87°52'07" WEST, 37.84 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,575 SQUARE FEET. 5