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HomeMy WebLinkAboutA013 - Easements dated February 19, 2020 - Instrument No. 2020-02879 �o o^+ U$ w 0 °1 Instrument N: 2020-02879 d 04/01/2020 09:57:16 AM Total Pages: 4 p EASE EASEMENTS E rb Recording Fee: $ 22.00 Stacie Herridge, Recorder, Story County Iowa x mill M1 Ky'i M, �� ��i«il� �4 i;������ 1I II 1 N uN w INSTRUMENT PREPARED BY: Brian D. Torresi,2605 Northridge Pkwy,,Ames,IA 50010 515 288-2500 RETURN To: Brian D. Torresi,2605 Northridge Pkwy.,Ames,1A 50010 EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That HUNZIKER DEVELOPMENT GROUP,LLC,for good and valuable consideration, does 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 Northeasterly 10 feet and the Westerly 5 feet of Lot One (1); The Northeasterly 10 feet and the Westerly 5 feet of Lot Two (2); The Easterly 10 feet and the West 5 feet of Lot Three (3); The East 5 feet and the Westerly 10 feet of Lot Four(4); The East 5 feet and the Westerly 10 feet of Lot Five (5); AND, The Southwesterly 10 feet and the Northeasterly 5 feet of Lot Six(6), all of the foregoing in SCENIC VALLEY SUBDIVISION FIFTH ADDITION,AMES,STORY COUNTY, IOWA. The undersigned further grants unto the CITY OF AMES,IOWA, and its successors and assigns,water main easements upon,underground,over or across the following-described real estate: The Southeasterly 10 feet of Lot Six (6), all of the foregoing in SCENIC VALLEY SUBDIVISION FIFTH ADDITION,AMES,STORY COUNTY, IOWA. The undersigned further grants unto the CITY OF AMES, IOWA, and its successors and assigns,storm water flowage easements upon,underground,over or across the following-described real estate: The East 35 feet of Lot Four(4); The East 20 feet of Lot Five (5); AND, The Northeasterly 20 feet of Lot Six (6), all of the foregoing in SCENIC VALLEY SUBDIVISION FIFTH 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), Scenic Valley Subdivision, Fifth Addition, City of Ames,Story County,Iowa,more particularly described as follows: Beginning at the Southwesterly corner of said Lot One (1); thence N00°12'07W, 127.86 feet along the Westerly line of said Lot One (1); thence N61°59'02"E, 29.57 feet along the Northerly line of said Lot One(1);thence S49°24'53"E, 158.79 feet to the Southeast line of said Lot One(1);thence S47°47'07"E,25.30 feet along the Southerly line of said Lot One (1); thence S80°27'15"E 129.31 feet along the Southerly line of said Lot One (1)to the Point of Beginning; AND, That portion of Lot Two (2), Scenic Valley Subdivision, Fifth Addition, City of Ames,Story County,Iowa,more particularly described as follows: Beginning at the Southwesterly corner of said Lot Two(2);thence N00°12'07"W,36.37 feet along the West line of said Lot Two (2); thence S49°24'53"E, 34.55 feet; thence S61°59'02"W,29.57 feet along the Southerly line of said Lot Two(2)to the Point of Beginning, all of the foregoing in SCENIC VALLEY SUBDIVISION FIFTH 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 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. 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 this d�ay of February, 2020. SIGNATURE PAGE OF EASEMENTS HUNZIKER DEVELOPMENT GROUP, LLC B . Justin R. Dodge, Manager � RBy. v( 6 6 11 d1A Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on thi/j d�f February, 2020, by Justin R. Dodge and Charles E. Winkleblack, as Managers of Hunziker Developm t Group, LLC. Notary cXi an for the State of Iowa My commission expires (:3ZI JENNIFER KA ,7,Sj Commission Number.! • 51 My mm ion Expires u�+► 4