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Home My WebLink AboutA013 - Easement Agreement dated May 4, 2017 ti r ' i Instrument N: 2017-05058 Retum to: (env) 05/30/2017 10:15:47 AM Total Pages: 5 EASE EASEMENTS Ames Crty Clerk Recording Fee: SS 27.00 Stacie Herridge, Lcorder, Story County Iowa Box s11 Ames IA 50010 ■III K MaKAPA MiNi timl k ah 11111 Prepared by:John A.Tillo,Pasley&Singer Law Firm,LLP,323 Sixth St.,P.O.Box 664,Ames,IA 5ooi0 Return to:John A.Tillo,Pasley&Singer Law Finn,LLP,323 Sixth St.,P.O.Box 664,Ames,IA 5ooio Easement Agreement THIS Is AN AGREENMT made by and between Grantor and Grantee upon the following terms and conditions: i DEFINMONS. When used in this agreement,unless otherwise required by the context: m"Agreement'means this instrument as signed by the parties thereto. 1.2 "Easement Area'means the tract of land described as follows: the area of land described as the"Right of Way Reservation"on"Exhibit A". The"Easement Area"may otherwise be de- scribed as: That part of Lot z,ASPEN BUSINESS PARK SUBDIVISION, THIRD ADDI- 770N,Ames,Story County,Iowa,lying west of a line drawn from the North- west corner thereof to a point on the South line of said Lot a,which is 40.00 fret East of the Southwest Corner thereof. 1.3 "Exhibit A"is the Final Plat of the"Aspen Business Park Subdivision,Third Addition,Ames, Story County,Iowa,'a copy of which is attached hereto. 1.4 "Grantee"means The City of Ames of Story County,Iowa. 1.5 "Grantor"means Tailwind 1854 Madison,LLC,a Minnesota limited liability company. a CIRCUMSTANCES. Grantor is the owner of certain real estate depicted as"Lot 2"on Exhibit A,by virtue of legal title,that it is lawfully seized and possessed of said real estate. Grantor desires to grant to the City of Ames of Story County,Iowa the right to use the Easement Area for a public street and public right-of-way. Grantee contemplates constructing that public street currently known as South Grand Avenue in the future,which necessitated this grant of rights to the City of Ames of Story County,Iowa. 3 EASEMENT CREATED. Within the Easement Area,the Grantee shall have and hold the perpetual right to construct, reconstruct, operate, use, maintain and repair a street and public right-of- way. 4 OBLIGATIONS OF GRANTOR. Grantor shall not: 4.1 erect any structures over or within the Easement Area without obtaining the prior written approval of the City Engineer of the City of Ames,Iowa,or 4.a erect or cause to be placed on the Easement Area any material devices,thing or matter which impedes or obstructs free and unimpeded access by the public across the Easement Area without obtaining the prior written approval of the City Engineer of the City of Ames,Iowa. AT r MM71241e Pasley &Singer Law Firm, L.L.P. Ames,Iowa 2017-05058 EASE 05/30/2017 10:15:47 AM Page 2 of 5 r ' Easement Agreement Page 12, g CONSTRUCTION ENCROACHMENT. During the initial construction of the improvements that Grantee is authorized to make within the Easement Area under this Agreement, Grantee shall have the right,as reasonably necessary for construction purposes,to temporarily encroach upon land of Grantor's adjacent to and extending a distance of two(i')feet from the Easement Area. 6 RESTORATION. Immediately following construction, reconstruction or repair work by the Grantee within the Easement Area,weather and season permitting,the ground disturbed within the Easement Area and Encroachment Area by such work shall be restored to its natural grade and previous condition by the Grantee or, if reasonably required by said construction, recon- struction or repair,an improved grade and condition compatible therewith. If the ground dis- turbed within the Easement Area and Encroachment Area has existing grass cover or is used for gardening or the growing of farm crops,all tillable topsoil removed from such ground area shall be separately stockpiled and then restored to its previous surface location upon completion of the construction,reconstruction or repair work. 7 SEEDING. Immediately following construction,reconstruction or repair work by Grantee within the Easement Area,weather and season permitting,ground area with previously existing grass cover that is disturbed by such work shall be planted with grass seed in accordance with custom- ary methods of soil preparation and planting by Grantee. 8 TrME WARRANTY. Grantor warrants to Grantee that Grantor holds the Easement Area by tide in fee simple;that Grantor has good and lawful authority to grant the easement rights herein pro- vided for;and that any prior liens or encumbrances on the Easement Area will either be released forthwith or will be subordinated to the easement rights granted herein by a duly executed and recorded subordination agreement. 9 NOTICE. Unless otherwise required by law,any notice or demand required or permitted by the terms of this agreement shall be sufficient and deemed complete when expressed in writing and either(a)personally delivered to the person entitled thereto,or(b)deposited at any office of the United States Postal Service in the form of certified mail addressed to the last known mailing address of the person entitled thereto,or(c)served on the person entitled thereto in the manner of an original notice under the Iowa Rules of Civil Procedure. io AGREEMENT. This easement is given pursuant to an obligation to reserve street right-of-way and a no build zone under a Contract Rezoning Agreement filed with the Story County Recorder, January u,2oi6,as Instrument No.i6-oo239• n SUCCESSORS BOUND. This agreement shall be binding upon and inure to the benefit of the re- spective successors and assigns of all parties executing this Agreement. u INTERPRETATION. Words and phrases used in this agreement shall be construed as in the single or plural number,and as masculine,feminine or neuter gender,according to the context.This agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa.The paragraph headings in this agreement are for convenience only and in no way define or limit the scope or intent of any provisions of this agreement. This agreement may be AT'/101'ogo3no'$ Pasley &Singer Law Firm, L.L.P. Ames,Iowa 2017-05058 EASE 05/30/2017 10:15:47 AM Page 3 of 5 Easement Agreement Page 13 executed in any number of counterparts,each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. In Witness Whereof the Grantor executes this instrument on 51 L4 .zoxy. ailwind r854 'son,LLC By:Michael Sather,Managing Member Address: STATE OF COUNTY OF ✓I iki SS: This instrument was ac4mowledged before me this�_day of May,=7,by Michael Sather,Managing Member of Tailwind 1854 Madison,LLC. f (SEAL) QaL� 11 N45ky Public in and for the State of .,MINE D. aMMEa�uw NOTARY PUB= MINNOWTA Y/C�w�l�lnE+ a!131,M18 '"T '°7oW3`55' Pasley&Singer Law Firm, L.L.P. Ames,Iowa a 2017-05058 EASE 05/30/2017 10:15:47 AM Page 4 of 5 Easement Agreement Page 14 In Witness Whereof the Grantee executes this instrument on AL CV&OFAMES By:Director of Public Works " STATE OF IOWA,COUNTY OF STORY,SS: This instrument was acknowledged before me this _ day of.Apff, 2017, by -1/NA/-,7jQ l VM ,as Director of Public Works for the City of Ames,Iowa. (SEAL) Notary Public in and for thettate of Iowa Jill L Rippe::1 .4 Commission NumbeMyCommission Ar"'wr/0 j7D548 Pasley &Singer Law Firm, L.L.P. Ames,Iowa I Irmtriment N o 2017-W414 2017-05058 EASE 05/30/2017 10:15:47 AM Page 5 of 5 4//17/2417 12:8ss �,� Total Paper: 12 ' St4ele Hirridge, Reeardir, Story Cowty Iowa mill K fill w i K FINAL FLAT ASPEN BJ51NE-55 PARK 5MDI1/1510N, THIRD ADDITION ESCRIPTIOt mWIMM&MR Yy s� FOM1 0�Ipp OWNER/EOPER WL1 8 1c00 A, �� I OY�ILOIO►l SIAYEYOR: R. SMADLEY t1ll�k3�/17t�61VIMS AP.D. a aY 1004 OL7-�3-96/SSO 20 SwuTART-., SEWER EASE. NICN-S I WTL —trim— I r4YKc.As BS ' ' 0• FIK A 40 E NIUIOLS S t � AMU�15ICT4. 2" 4 �-10' P,U.E g 'pe KC.A.fea•d2'3f•r 240.00• LOT K 7 S• P.U.E. SW—S ' E ' +I LOT i I ELOCx + e>— B.F. ^ ASPEN B6USINE55 PAR% ggg AREB �� BpIViSIQ� I5T AOUN 530 S. 17TH 57MMT �. AGENCY st 2 W9 ARE► EDUCATION S 49 e o �� LOT A WNW �. 52790.3i�8�$F. MaY'A'C•M �M.OS � 80075'Td•E I WnAT A I LOT 2 57059.4E S.F. 217073.50 S.F. T 1.32 ACRES tm 2 a1 n c W 4.DS ACRES 524 S. 17TH eT. fro• BDO B. 17TH STREET 0 I 1 Sig 5 1 RIGHT OF WAY py " MAI/a, H.11/-0 �o y5 I1 28 ACRES Rga1f•� W1/A 4 49 ACRES 8Ml64, Wrf/4 BE COIMF.A 11-a3-21 i 10' P.U.E.'1 0 G3 All J J W1L01 B 1/G• S LINE WW1/4. Nr11C—�. E%IST. SE W 30 SON 4, RW1/1 W00.4¢4•E W BIW EASEMENT 0.49 ACRES 1q0�12'AStE 'a9e S. 17TTST, nW2.4f'2f•rlq 55.17' 679.Oa' m2"Ja• W ar L7IRMFA 40.00 U.S. HI81*Ay 030 00.17•IR0 WTLOT■ 1. Lot Will be d.dlrat.d to tha cftr a/ Aaw for 11e rtaM o} ray. LE�� 2. �O�Opptlotpbp�rAlyf�.far MtnaOrfuRK ar::�.pWaf�nt and trMttpe�Mt. 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