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Home My WebLink AboutA012 - Easement Grant dated October 7, 2013 U S 1t Date:Dd 16,2013 2D2s45s20P o D Rec Fees 30.00 E-Cm Fees 1.00 o oo Mud fees .00 Trans Tax: .00 (Y Rec 1lanaseusent Fees 1.00 Non-Standard Past Fee: .00 o Filed for record in Story County► Iowa Susan L. Vande Kemp County Recorder a=° z R N Vi W 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 the BELLA WOODS OWNERS' ASSOCIATION, INC., the perpetual right to the following described easements: A. Overland Flowage and Storm Sewer Easement. Bella Woods, L.L.C. grants to the Bella Woods Owners' Association, Inc.,perpetual Easements for Overland Flowage and Storm Sewer for the purpose of draining areas and Storm Sewer purposes as, from time to time, determined by the Association over,under,through and across the following described real estate: See Exhibit"A", (P9 3� (hereinafter called "Easement Area") for the purpose of the Association constructing, reconstructing, repairing, grading, improving and maintaining the surface of said Easement Area in a manner that will permit the free and unobstructed flow of surface water over and across the Easement Area for the purpose of draining areas and for the purpose of the Association constructing, reconstructing, repairing, grading, improving and maintaining a storm sewer, together with necessary appurtenances thereto, under, over, through and across said Easement Area. B. Storm Sewer Easement. Bella Woods, L.L.C. grants to the Bella Woods Owners' Association, Inc., a perpetual storm sewer easement for Storm Sewer purposes as, from time to time, determined by the Association over, under,through and across the following described real estate: See Exhibit"B". (hereinafter called "Easement Area") for the purpose of the Association constructing, reconstructing, repairing, grading, improving and maintaining a storm sewer, together with necessary appurtenances thereto,under, over, through and across said Easement Area. C. General Terms and Conditions. Bella Woods, L.L.C., its successors and assigns, shall not: 1 i 1. erect any structures over or within the easement area without obtaining the prior written approval of the Board of Directors of the Association. 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 Board of Directors of the Association. 3. change grade, elevation or contour of any part of the easement area without obtaining the prior written approval of the Board of Directors of the Association. D. The Association 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 including,but not limited to: i purposes described nclu area for the , enjoyment of the easement ar purp g 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. E. 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'—day of October, 2013. BELLA WOODS, L.L.C. By: Scott Campney, ger STATE OF IOWA, POLK COUNTY This instrument was acknowledged before me on the p day of October, 2013, by Scott Campney, Manager of Bella Woods, L.L.C. ic 8- Notary Public in and for said State C:0=rW='--r Num and County br 11<373 FWnwy zz,2s" 2 i EXHIBIT "A" OVERLAND FLOWAGE AND STORM SEWER THE EASTERLY 10.00 FEET OF LOTS 2 AND 3, BELLA WOODS, AN OFFICIAL PLAT, STORY COUNTY, IOWA. AND THE NORTHERLY 10.00 FEET OF LOTS 3,4 AND 5, BELLA WOODS,AN OFFICIAL PLAT, STORY COUNTY, IOWA. AND THE EAST 10.00 FEET OF LOT 8,MEASURED PARALLEL WITH THE CENTERLINE OF BELLA WOODS DRIVE,BELLA WOODS,AN OFFICIAL PLAT, STORY COUNTY, IOWA. AND A PART OF LOT 7,BELLA WOODS, AN OFFICIAL PLAT, STORY COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7;THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 7 AND A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 60.00 FEET,WHOSE ARC LENGTH IS 104.92 FEET AND WHOSE CHORD BEARS SOUTH 77057'55" WEST, 92.06 FEET;THENCE SOUTH 87152'07" WEST ALONG SAID SOUTH LINE, 11.28 FEET;THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY WHOSE RADIUS IS 70.00 FEET, WHOSE ARC LENGTH IS 120.61 FEET AND WHOSE CHORD BEARS NORTH 72°36'24" EAST, 106.24 FEET TO THE EAST LINE OF SAID LOT 7;THENCE SOUTH 00119'47" WEST ALONG SAID EAST LINE, 12.14 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,127 SQUARE FEET. AND THE SOUTHERLY 10.00 FEET OF LOT 8,BELLA WOODS, AN OFFICIAL PLAT, STORY COUNTY, IOWA. AND AND THE WESTERLY 10.00 FEET OF LOTS 9,THROUGH 15 AND OUTLOT `X',BELLA WOODS, AN OFFICIAL PLAT, STORY COUNTY, IOWA. AND 3 A PART OF OUTLOT `Y' AND LOT 1, BELLA WOODS,AN OFFICIAL PLAT, STORY COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID OUTLOT `Y'; THENCE NORTH 89°43'31" WEST, 197.49 FEET TO THE SOUTHWEST CORNER OF SAID OUTLOT `Y'; THENCE NORTH 00004'27" WEST ALONG THE WEST LINE OF SAID BELLA WOODS, 97.09 FEET;THENCE NORTH 66'14'13" EAST, 178.93 FEET;THENCE NORTH 22°20'52" WEST, 57.82 FEET;THENCE NORTHERLY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 293.00 FEET, WHOSE ARC LENGTH IS 164.96 FEET AND WHOSE CHORD BEARS NORTH 6013'08" WEST, 162.79 FEET TO THE NORTH LINE OF SAID LOT l; THENCE SOUTH 87°18'49" EAST ALONG SAID NORTH LINE, 10.08 FEET TO THE NORTHEAST CORNER OF SAID LOT 1;THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOT 1 AND A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 283.00 FEET, WHOSE ARC LENGTH IS 160.60 FEET AND WHOSE CHORD BEARS SOUTH 6005'26" EAST, 158.45 FEET; THENCE SOUTH 22°20'52" EAST ALONG SAID EASTERLY LINE, 63.21 FEET; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF STREET LOT `A' AND A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 300.00 FEET, WHOSE ARC LENGTH IS 116.34 FEET AND WHOSE CHORD BEARS SOUTH 11°14'17" EAST, 115.61 FEET; THENCE SOUTH 00°07'43" EAST ALONG SAID WESTERLY LINE, 45.52 FEET TO THE POINT OF BEGINNING AND CONTAINING 26,981 SQUARE FEET. AND A PART OF OUTLOT `X' AND LOTS 13, 14 AND 15, BELLA WOODS, AN OFFICIAL PLAT, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID OUTLOT `X';THENCE NORTH 89043'31" WEST ALONG THE SOUTH LINE OF SAID OUTLOT `X', 220.00 FEET; THENCE SOUTH 00004'27" EAST ALONG SAID SOUTH LINE, 113.00 FEET;THENCE NORTH 89043'31" WEST ALONG SAID SOUTH LINE, 211.21 FEET TO THE SOUTHWEST CORNER OF SAID OUTLOT 'X';THENCE NORTH 00°07'43" WEST ALONG THE EASTERLY LINE OF STREET LOT `A', 45.98 FEET; THENCE NORTHERLY ALONG SAID EASTERLY LINE AND A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 366.00 FEET,WHOSE ARC LENGTH IS 141.93 FEET AND WHOSE CHORD BEARS NORTH 11014'17" WEST, 141.05 FEET; THENCE NORTH 22°20'52" WEST ALONG SAID EASTERLY LINE, 63.21 FEET; THENCE NORTHERLY ALONG SAID EASTERLY LINE AND A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 217.00 FEET,WHOSE ARC LENGTH IS 275.41 FEET AND WHOSE CHORD BEARS NORTH 14000'43" EAST, 257.30 FEET;THENCE NORTH 50022'17" EAST ALONG SAID EASTERLY LINE, 12.44 FEET TO THE NORTH CORNER OF SAID LOT 15; THENCE SOUTH 39°37'43" EAST ALONG THE NORTHEASTERLY LINE OF SAID LOT 15, A DISTANCE OF 10.00 FEET; THENCE SOUTH 50022'17" WEST, 12.44 FEET; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 207.00 FEET,WHOSE ARC LENGTH IS 220.43 FEET AND WHOSE CHORD BEARS SOUTH 19051'51" WEST, 210.17 FEET; 4 THENCE SOUTH 71°09'00" EAST, 17.82 FEET;THENCE NORTH 560 12'29" EAST, 185.15 FEET; THENCE NORTH 4711'33" EAST, 140.22 FEET;THENCE SOUTH 56°42'44" EAST, 253.03 FEET TO THE EAST LINE OF SAID BELLA WOODS; THENCE SOUTH 00°04'27" EAST ALONG SAID EAST LINE, 229.75 FEET TO THE POINT OF BEGINNING AND CONTAINING 155,806 SQUARE FEET. I 5 u EXHIBIT B» STORM SEWER THE SOUTH 10.00 FEET OF LOTS 3 AND 4, BELLA WOODS, AN OFFICIAL PLAT, STORY COUNTY, IOWA. AND THE SOUTH 10.00 FEET OF THE EAST 20.00 FEET OF LOT 5, BELLA WOODS,AN OFFICIAL PLAT, STORY COUNTY,IOWA. I i I b