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HomeMy WebLinkAboutA004 - Temporary Easements dated June 19, 2019, Instrument No. 2019-06216 I r I A U� o a' Instrument p: 2019-06216 6 07/19/2019 03:01:44 PM Total Pages: 6 EASE EASTS F Recording Fee: $ 32.00 Stacie Herridge, Recorder, Story County Iowa �N w INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 515)288-2500 RETURN To: Brian D.Torresi,2605 Northridge P .,Ames,IA 50010 E] TEMPORARY EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That R. FRIEDRICH AND SONS, INC. ("R-Friedrich") is the owner of the following described real estate: The Northeast Quarter(NEl/4)of the Southeast Quarter(SE1/4)of Section Twenty (20), Township Eighty-four (84) North, Range Twenty-four (24) West of the 5th P.M., Story County,Iowa,EXCEPT a parcel of land containing approximately 3.6 acres described as: Commencing at the NW Corner(center of road)of the NEI/4 of the SE 1/4 of Sec.20-T84N-R24W of the 5th P.M., Story County,Iowa,thence East along the center of the road 521 feet,thence South 301 feet,thence West 521 feet to the West line of the said NE1/4 of the SE1/4, thence North 301 feet to the place of beginning (the "R-Friedrich Property"). That FRIEDRICH LAND DEVELOPMENT COMPANY,L.L.C.("FLDC")is the owner of the following described real estate: The Northwest Quarter of the Southeast Quarter of Section Twenty in Township Eighty-four North, Range Twenty-four West of the 5th P.M., Story County, Iowa, EXCEPT beginning at concrete monument located at center of Section Twenty, Township Eighty-four North, Range Twenty-four West of the 5th P.M., in Story County, Iowa, which is the Northwest Corner of the Southeast Quarter of said Section;thence South 0030'East a distance of 372.30 feet along the West line of said Southeast Quarter;thence North 89°30'East a distance of 325.00 feet;thence South 66°4F East a distance of 36.09 feet; thence North 84°40' East a distance of 58.92 feet; thence South 39045'East a distance of 316.30 feet; thence North 0*09' East a 1 distance of 621.43 feet to the North line of said Southeast Quarter Section; thence West along the North line of Southeast Quarter Section a distance of 623.92 feet to the point of beginning (the"FLDC Property"). That R-Friedrich and FLDC, for good and valuable consideration, do hereby grant unto the CITY OF AMES,IOWA,and its successors and assigns,temporary storm sewer and surface water flowage easements upon, underground, over or across the following-described real estate, as applicable: The East 75 feet of the South 200 feet of the FLDC Property; AND, The West 75 feet of the South 200 feet of the R-Friedrich Property. The location of the easements on the FLDC Property and the R-Friedrich Property are generally depicted on the aerial,with shading and text,attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth. All of the foregoing are granted as a condition of the platting of adjacent real estate into SCENIC VALLEY SUBDIVISION FOURTH ADDITION,AMES,STORY COUNTY,IOWA. The foregoing rights are granted upon the express condition that the undersigned shall not erect or place within the easement areas identified herein any building or other structure or improvement, including, but not limited to, a retaining wall or fence, or any trees, shrubs, or other landscape plantings other than grass or comparable ground cover except with the consent of the City of Ames, Iowa. The City of Ames, Iowa shall have the right to trim or remove trees and shrubs within the easement areas identified herein to prevent damage to utility service lines of the City of Ames, Iowa located within said easement areas. �v' 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. The foregoing rights and the easements granted herein are temporary and shall terminate at such time as: (a) the R-Friedrich Property is subdivided and R-Friedrich grants replacement easements to the City of Ames, Iowa, as approved and accepted by the City of Ames, Iowa, with respect to the easement on the R-Friedrich Property, and(b)the FLDC Property is subdivided and FLDC grants replacement easements to the City of Ames, Iowa, as approved and accepted by the City of Ames,Iowa,with respect to the easement on the FLDC Property Dated this Jq day of June, 2019. (SIGNATURE PAGE FOLLOWS) 3 SIGNATURE PAGE OF TEMPORARY EASEMENTS FRIEDRICH LAND DEVELOPMENT COMPANY,L.L.C. By: :/, �- • J'd Kurt W. Friedrich, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this L�_ day of June, 2019, by Kurt W. Friedrich, as a Manager of Friedrich Land Development Company, L.L.CCC.. Notary Public in and for the Xte of Iowa My commission expires R. FRIEDRICH AND SONS,INC. .Pa�`s� JUSTIN ROBERT DODGE Z Commission Number 792016 _ My Commission Expires September 11, 2021 By: -2 f Kurt W. Friedrich, President STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this /I day of June, 2019, by Kurt W. Friedrich, as the President of R. Friedrich and Sons, Inc. Notary Public in and for the State of Iowa My commission expires JUSTIN ROBERT DODGE i Commission Number 792016 My Commission Expires tows" September 11, 2021 4 EXHIBIT A 5 \ | k & f \ k - � � 2 ) ! \ .2 } I } ) - 2 k0 : 0000 ) ! ± ! ( . ° ■ { »ate� . . \ , k ■ . \d � § ����— � � § $ \ § � h2 * \ ! r= §� - . �q � ( \§ � Ik j ■ \k / }\ � }y o o! w !; �} \ ( `. .a . , (\ §4 § |\ �< _ . .;z _ . � p 41 E y . j\ § f;! R « Q #. , � - - / /\ � #! k}) ;( ° 2 (§\ §- «. , co