HomeMy WebLinkAboutA004 - Easements dated August 24, 2016 - public utility, pedestrian, greenbelt, Z
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INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames,1A 50010(515)288-2500
RETURN To: Brian D.Torresi, 2605 Northridge Pkwy., Ste. 101,Ames, 1A 50010
EASEMENTS
KNOW ALL PERSONS BY THESE PRESENTS:
That HUNZIKER DEVELOPMENT COMPANY,LLC and HUNZIKER,CHRISTY,
SHIRK BUILDERS,INC.,as applicable,for good and valuable consideration,do 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 East 10 feet of Lot One (1);
The Northeasterly 10 feet of Lot Two (2);
The Northeasterly 10 feet of Lot Three(3);
The North 10 feet of Lot Four(4);
The North 10 feet and the East 10 feet of Lot Five(5);
The North 5 feet, the East 5 feet of the North 23.52 feet, the West 10 feet, and the
South 10 feet of Lot Six (6);
The North 5 feet,the East 10 feet, and the South 10 feet of Lot Seven (7); AND,
Outlot B,
all of the foregoing in SCENIC POINT SUBDIVISION FIRST ADDITION,AMES, STORY
COUNTY,IOWA.
The undersigned further grant unto the CITY OF AMES, IOWA, and its successors and
assigns,a pedestrian easement upon,underground,over or across the following described real estate:
The East 10 feet of Lot Seven (7),
all of the foregoing in SCENIC POINT SUBDIVISION FIRST ADDITION, AMES, STORY
COUNTY,IOWA.
The undersigned further grant unto the CITY OF AMES, IOWA, and its successors and
assigns,greenbelt easements upon,underground,over or across the following-described real estate
(collectively, the"Greenbelt Easement Areas"):
That portion of Lot One (1); more particularly described as follows: Beginning at the
Northwest corner of Lot One(1);thence N 89'16'37"E, 41.59 feet along the North line of
Lot One(1);thence S 14'14'22"E, 112.74 feet;thence S 870 P21"W,63.57 feet along the
South line of Lot One(1);thence N 02°58'39"W, 93.67 feet along the West line of Lot One
(1)to the Point of Beginning;
That portion of Lot Two (2); more particularly described as follows: Beginning at the
Northwest corner of Lot Two(2);thence N 87'01'21"E, 63.57 feet along the North line of
Lot Two(2);thence S 24°43'55"E, 125.64 feet;thence S 60°20'40"W,67.00 feet along the
South line of Lot Two (2); thence N 29°39'20" W, 111.97 feet along the West line of Lot
Two(2);thence N 2°58'39"W,46.72 feet along the West line of Lot Two(2)to the Point of
Beginning;
That portion of Lot Three(3);more particularly described as follows: Beginning at the West
corner of Lot Three(3);thence N 60°20'40 E, 67.00 feet along the North line of Lot Three
(3); thence 123.74 feet along a 254.28 foot radius curve, concave Northeast; thence S
88037'09"E, 15.77 feet;thence S 24026'21"W,41.97 feet along the East line of Lot Three
(3); thence N 90°00'00" W, 116.96 feet along the South line of Lot Three (3); thence N
29039'20"W, 84.30 feet along the West line of Lot Three (3)to the Point of Beginning;
That portion of Lot Four (4); more particularly described as follows: Beginning at the
Southwest corner of Lot Four(4); thence N 24°26'21"E 41.97 feet along the West line of
Lot Four(4);thence S 88°37'09"E, 120.12 feet;thence S 0°00'00"E, 35.32 feet along the
East line of Lot Four(4);thence N 0°00'00"W, 137.45 feet along the South line of Lot Four
(4)to the Point of Beginning; AND,
That portion of Lot Five (5); more particularly described as follows: Beginning at the
Southwest corner of Lot Five (5); thence N 0°00'00" W, 35.32 feet along the West line of
Lot Five (5); thence S 88°37'09" E, 78.22 feet; thence S 0'42'10"E, 33.44 feet along the
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East line of Lot Five(5);thence N 90100'00"W, 78.61 feet along the South line of Lot Five
(5)to the Point of Beginning,
all of the foregoing in SCENIC POINT 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;
b. Dead,dangerous,and/or diseased trees may be removed from the Greenbelt Easement
Areas, and other trees may selectively be removed from the Greenbelt Easement Areas to
improve the overall quality and health of the existing trees,with emphasis being placed on
preserving as many healthy trees as possible within the Greenbelt Easement Areas;
C. Ash trees may be removed from within the Greenbelt Easement Areas at any time;
and
d. Gazebos, non-habitable structures, and walking paths are permitted within the
Greenbelt Easement Areas, except that excavation within and the removal of cover on the
steep slopes within the Greenbelt Easement Areas should be avoided whenever possible
during the construction of such gazebos, non-habitable structures, and walking paths.
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 thisA day of August, 2016.
(SIGNATURE PAGE FOLLOWS)
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HUNZIKER DEVELOPMENT COMPANY,LLC
By: "/v -,�d'
Robert W. Shirk, Manager
By: aL � �'
Charles E. Winkleblack, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on thisP& day of August, 2016, by Robert W.
Shirk and Charles E. Winkleblack, as the Managers of Hunziker Developmept Company, LLC.
JENNIFER KAPAUN
• OOmfteloniNu nberr7783061
my ires Notate Pu �n and f r the State of Iowa
My commRsion expires
HUNZIKER,CHRISTY, SHIRK BUILDERS,INC.
By: OIL f
Charles E. Winkleblack, Vice President
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on thisj�d�of August, 2016, by Charles E.
Winkleblack, as the Vice President of Hunziker, Christy, Shirk Builders, Inc.
JENNIFER KAPAUN
° Ooenr bWw Number 783061 Nota ub and" or the State of Iowa
My Wrn on Expires My commission expires
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