HomeMy WebLinkAboutA017 - Private Ingress and Egress Easement dated April 20, 2017 Instrument N: 2017-03882
04/28/2017 03:56:49 PM Total Pages: 4
EASE EASEMENTS
Recording Fee: $ 22.00
Stacie Herridge, ecorder, Story County Iowa
mill lM RMIUFp,ID&Im M DOI 11111
PRIVATE INGRESS AND EGRESS EASEMENT
Preparer Information:
Lisa R. Wilson
475 Alice's Road, Suite A
Waukee,Iowa 50263
(515) 369-2502
Taxpayer Information:
The Irons,L.L.C.
506 E. lst Street
Huxley,Iowa 50124
Return Document To:
Wilson Law Firm,P.C.
475 Alice's Road, Suite A
Waukee,Iowa 50263
Grantor:
Ames Golf&Country Club
Grantee:
The Irons,L.L.C.
Legal Description:
See Exhibit"A".
Document or instrument number of previously recorded documents:
N/A
1
PRIVATE INGRESS AND EGRESS EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
KNOW ALL PERSONS BY THESE PRESENTS that the undersigned property owner
(hereinafter called"Grantor"), for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, does hereby convey unto THE IRONS, L.L.C. (hereinafter called"Grantee"), a
perpetual easement for private ingress and egress under, over, on, through, across and within the
following described real estate:
See Exhibit"A",
(hereinafter called"Easement Area"), for the purpose of private ingress and egress,together with
necessary appurtenances thereto.
This Easement shall be subject to the following terms and conditions:
1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS,
PLANTINGS OR MATERIALS PROHIBITED. Grantor and its grantees, assigns
and transferees shall not erect any fence or other structure under, over, on, through,
across or within the Easement Area without obtaining the prior written consent of the
Grantee, nor shall Grantor cause or permit any obstruction, planting or material to be
placed under,over, on,through across or within the Easement Area without obtaining the
prior written consent of the Grantee.
2. CHANGE OF GRADE PROHIBITED. Grantor and its grantees, assigns and
transferees shall not change the grade, elevation or contour of any part of the Easement
Area without obtaining the prior written consent of the Grantee. The Grantee shall have
the right to restore any changes in grade, elevation or contour without prior written
consent of the Grantor,its grantees,assigns or transferees.
3. RIGHT OF ACCESS. The Grantee shall have the right of access to the Easement Area
and have all rights of ingress and egress reasonably necessary for the use and enjoyment
of the Easement Area from property adjacent thereto as herein described, including but
not limited to, the right to remove any unauthorized fences, structures, obstruction,
planting or material placed or erected under, over, on, through, across or within the
Easement Area.
4. MAINTENANCE. The Grantor shall be responsible for any maintenance of the
Easement Area, including but not limited to concrete surfacing and snow removal.
5. PROPERTY TO BE RESTORED. The Grantee shall restore the Easement Area after
exercising its rights hereunder to a condition substantially similar to that prior to any
construction,reconstruction,replacement,repair or maintenance.
6. EASEMENT BENEFIT. This Easement shall be for the benefit of the Grantee, its
successors and assigns,and its permittees and licensees.
2
' y
7. EASEMENT RUNS WITH LAND. This Easement shall be deemed perpetual and to
run with the land and shall be binding on Grantor and on Grantor's heirs, successors and
assigns. This Easement shall be perpetually appurtenant to and for the benefit of
Grantee's adjacent real property legally described as Lots 1 through 34, and Outlots X,Y
and Z,in The Irons, Story County,Iowa.
Grantor does HEREBY COVENANT with the Grantee that (i) Grantor holds said real estate
described in this Easement by title in fee simple; (ii) that Grantor has good and lawful authority to
convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said premises
against the claims of all persons whomsoever.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive
share, if any,in and to the interests conveyed by this Easement.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number,and as masculine or feminine gender, according to the context.
Signed this day of n'� ,2017.
AMES GOLF& COUNTRCLUB,Grantor
By: V
Its:
STATE OF IOWA )
SS:
COUNTY OF9 p)i4 )
This ' strument was acknowledged before in on this day of n I ,2017,by
the of Ames Golf&Country Club.
o�� `a
Commission JIL"D. � i�@ C 1 Notary Publi an for Said State
_ Nums3a a
• My co, miss,cn EX!:);
�wP
3
A
s
EXHIBIT"A"
A PART OF LOT 35,THE IRONS,AN OFFICIAL PLAT, STORY COUNTY,IOWA:
BEGINNING AT THE NORTHWEST CORNER OF OUTLOT `Y' THENCE NORTH 00006'48"
WEST ALONG THE WEST LINE OF SAID LOT 35,A DISTANCE OF 181.69 FEET TO THE
SOUTHWEST CORNER OF OUTLOT `X';THENCE NORTH 89°53'12"EAST ALONG THE SOUTH
LINE OF SAID OUTLOT `X', 110.02 FEET;THENCE SOUTH 00006'48" EAST, 181.69 FEET TO
THE NORTH LINE OF SAID OUTLOT `Y';THENCE SOUTH 89°53'08" WEST ALONG SAID
NORTH LINE, 110.02 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.46 ACRES
(19990 SQUARE FEET).
4