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Home My WebLink AboutA007 - Access Easement Reservation dated August 31, 2016 0strumentQ0116- 00009743 ii Date:Sev 30Y2016 12:07,29P D 1;er Fee: 2 A 00 --Coin Fee' F, f,,.u d Fees A0 Trans Tax: F11, R.ec Management Fee: 1 00 Hion-Rtjndapd r'aqe Fee' .00 Filc. or record in Rocs C"ount y Icy - Stacie L. Herridgey Count- SPACE ABOVE RESERVED FOR OFFICIAL U S E Return document to:Viotoriak Feilme 1416 Buckeye Ave.,Ste.200,Ames,IA 50010—515-2324732 Document prepared by:Victoria A-Feilineyer,1416 Buckeye Ave.,Ste.200,Ames,IA 50010—515-232-4732 Access Easement Reservation Know All Persons: The Iowa Youth Basketball Foundation (now known as the Iowa Youth Athletic Foundation),an Iowa nonprofit corporation(hereinafter referred to as the"Grantor"),as the pre- sent owner of Lots I and 2, 11 th Addition,Dauntless Subdivision,Ames, Story County,Iowa,does hereby reserve for itself and its successors and assigns (hereinafter referred to as the"Grantee"), upon the condi- tions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area for ingress and egress between Lot 2 and the public rights-of-way now known as Dickinson Avenue. The Easement Area is a strip of land situated in Story County,Iowa,as shown on the final plat drawing of 11th Addition,Dauntless Subdivision,Ames,Story County,Iowa,and described as follows: The real property shown on Schedule"A"attached hereto and by this reference made a part hereof. Grantee shall have the right within the Easement Area to construct,reconstruct, cover over, clean up,operate,use,maintain,and repair a driveway and sidewalk to and from the public right-of-way(Dickin- son Avenue). The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions: I Obstructions Prohibited. The Grantor,as the fee simple owners 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 or any trees, shrubs or other landscape plantings other than 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 permitted improvement of the Grantee located within the Easement Area. 2 Easements Appurtenant. The easements reserved upon Lot 1 shall be appurtenant to and run with the title to and for the benefit of Lot 2. 3 Termination/City Consent.As a condition for approval of the subdivision plat described, the Grantor and Grantee shall not terminate, vacate, or materially diminish the access easement contained in this instrument unless consented to by the City of Ames,Iowa,which consent shall not to be unreasonably withheld, conditioned or delayed; provided further, this paragraph shall not prevent the parties fi-om modifying any other terms and conditions of this Easement without consent. Notwithstanding the fore- going, the access easement described in this instrument shall terminate in the event that Lot 2 shall come under common ownership with Parcel B in Lot 3 of Sixth Addition, Dauntless Subdivision as shown on the Plat of Survey filed in.the office of the Recorder of Story County,Iowa on July 2,2009, as Instrument No, 09-08104 on Slide 354 at Page 2 at which time Lot 2 shall have access through the adjacent Parcel B to the public right-of-way now known as South Dakota Avenue, which shall meet the city's requirements for access. 4 Restoration. Immediately following construction,reconstruction,or repair work by the Grantee with- in the Easement Area,weather and season permitting,ground area with previously existing grass cover Easement Page 12 that is disturbed by such work shall be planted with grass seed in accordance with customary methods of soil preparation and planting by the Grantee, 5 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonex- elusive. 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 instru- ment to the Grantee. 6 Title Warranty. The Grantor warrant 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 pro- vided for;and that the Easement Area is free and clear of all liens and encumbrances. 7 Interpretation. 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 para- graph 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. [Signatures Next Page] I Easement P a g e 13 In Witness Whereof the undersigned has executed this instrument on the 31s} day of 2016. IOWA YOUTH BASKETBALL FOUNDATION(N/K/A IOWA YOUTH ATHLETIC FOUNDATION) By: Di on D.Jensen,Presi and Director STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on the 331s+day of , 2016 by Dickson D. Jensen as president and director of Iowa Youth Basketball Foundation( k/a Iowa Youth Ath- letic Foundation). NOTARY PUBLIC o �� y l fission Numberr % aILA Easement P fl� ee Schedule A INGRESS/EGRESS EASEMENT DESCRIPTION A PART OF LOTS 1 AND 2, 11TH ADDITION, DAUNTLESS SUBDIVISION, AN OFFI- CIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTH 89054'05"EAST ALONG THE NORTH LINE OF SAID LOT 2,A DISTANCE OF 51.33 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00100'00" EAST,49.06 FEET;THENCE NORTH 90000'00" WEST, 182.34 FEET; THENCE NORTH 00°00'00" EAST, 119.54 FEET; THENCE NORTH 90000'00" WEST, 218.71 FEET; THENCE NORTH 72°42'56" WEST, 39.15 j FEET TO THE WEST LINE OF SAID LOT 1; THENCE NORTH 17055'28" EAST ALONG SAID WEST LINE, 15.18 FEET;THENCE NORTHERLY ALONG SAID WEST LINE AND A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 2530.00 FEET, WHOSE ARC LENGTH IS 9.82 FEET AND WHOSE CHORD BEARS NORTH 17°48'48"EAST, 9.82 FEET; THENCE SOUTH 72042'56" EAST, 35.09 FEET; THENCE NORTH 90°00'00" EAST, 239.91 FEET;THENCE SOUTH 00°00'00"WEST, 119.54 FEET; THENCE NORTH 90000'00" EAST, 132.34 FEET; THENCE NORTH 00°00'00" EAST, 24.02 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE NORTH 89°54'05" EAST ALONG SAID NORTH LINE, 25.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.33 ACRES (14,496 SQUARE FEET).