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HomeMy WebLinkAboutA010 - First Amendment to Shared Use Path Easement dated January 6, 2020, Instrument No. 2020-01126 Instrument p: 2020-01126 02/06/2020 09:36:13 AM Total Pages: 4 EASE EASEMENTS Recording Fee: $ 22.00 Stacie Her`ri'dge, Recorder,, `Story County Iowa Return to: ,III hti��� 11i P��,i��i i� ■h�M�«��l �T��I'�ti�R1�i i� ,III City Clerk's Office P.O. Box 811 Ames, IA 50010 (env.) Prepared by and when recorded return to:Nathan Allen,5820 Westown Parkway,West Des Moines, IA,50266 (515)267-2870 FIRST AMENDMENT TO SHARED USE PATH EASEMENT THIS FIRST AMENDMENT TO SHARED USE PATH EASEMENT ("Easement") is made and entered into as of the day of Z&raa ,2020,by and between DICKSON D. JENSEN and LUANN C. JENSEN, husband and wife, with principal address of 4611 Mortensen Rd., STE 106, Ames, IA 50014 ("Jensen"), and the CITY OF AMES, IOWA, a municipal corporation("City"); WITNESSETH: WHEREAS, Willow Creek Church of the Open Bible, predecessor in interest to Jensen, granted to the City that certain Shared Use Path Easement dated May 18, 2005, and recorded May 20, 2005, as Instrument No. 200500005560 in the office of the Recorder of Story County, Iowa (the"Original Easement"). WHEREAS,Jensen and the City have agreed to amend the Original Easement as described herein. NOW, THEREFORE, for and in consideration of One Dollar ($1.00), the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: 1. Recitals, Definitions. The recitals are incorporated herein by this reference. Capitalized terms not defined herein shall have the meaning(s) set forth in the Original Easement. 2. Easement Area. The description of the Easement Area set forth in the Original Easement is hereby deleted and the description of the Easement Area set forth on Exhibit "A" attached hereto and incorporated herein by this reference is hereby deemed inserted in lieu thereof. 3. Ratification. Except as modified by this Amendment, the Original Easement is hereby ratified and confirmed by the parties. 4. Counterparts, Facsimile. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. IN WITNESS WHEREOF, Jensen and Hy-Vee have executed this Easement on the date first above written. JENSEN: Dict5slon D. Jensen Lu nn C. Jensen STATE OF IOWA, COUNTY OF_ r , ss This record was acknowledged before me on "3e-d+ua-M (Q ,2020,by Dickson D. Jensen and LuAnn C. Jensen, husband and wife. Notary u ' m and for the State of Iowa ERIK J. CHARTER iCommission Number 191916 My Commissi n Expires /OWN �[-1�•Zu CITY: CITY OF AMES, IOWA y BJe As IVY Its: LiOr Its: STATE OF IOWA, COUNTY OF STORY, ss This in�'oA st�ent was acknowledged before me this (`�_da of J�-)CL 2020, bys�.� the !�-Ac� Ot-' _, and �i�.1 e�Z . O the , of the City of Ames; owa, on behalf of the City. s AMY L.COLWE 4r F Commission Number 21 8 My ission i aryfublic in and for the State Iowa Attachments: Exhibit"A"—Amended Easement Area Description EXHIBIT "A" Amended Easement Area Description +haw 1 355 C9 w I, 4 Ills ffi rw v tL1 u'2 no ta3 .a v+ wt arr� +►u V-.u, o zzlit uj V VLOXVQ HUM IL We 00 .46 Za .� .�.� h ack a �� � -� < , ww 40 0-4 P's- �» wUN cc LL di w ...r