HomeMy WebLinkAboutA008 - Easement dated August 12, 2021, Instrument No. 2021-12161 Instrument 0: 2021-12161
A 09/22/2021 02:09:40 PM Total Pages: 3
QQ EASE EASEMENTS
Recording Fee: 1 17.00
Wb Stacie Herridge, Recorder, Story County Iowa
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S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Return document to: David W.Benson,Attorney at Law,1416 Buckeye Ave.Ste.200,Ames IA 50010
Document prepared by: David W.Benson,Attorney at L.aw,1416 Buckeye Ave.Ste.200,Ames IA 50010;(515)956-3900
EASEMENT
KNOW ALL PERSONS: The undersigned, Fitch Land Development, LLC, an
Iowa member-managed limited liability company (hereinafter referred to as the
"Grantor"), for valuable consideration, does hereby grant unto the City of Ames, Iowa,
an Iowa municipal corporation, its successors and assigns (hereinafter referred to as the
"Grantee"), upon the conditions hereinafter recited, the perpetual right to enter upon the
land hereinafter described as the Easement Area to construct, reconstruct, cover over,
clean up, operate, use, maintain, and repair the systems described for the uses set forth
hereinafter over, upon, across and under the Easement Area together with a perpetual
right of ingress and egress between said Easement Area from adjacent public rights-of-
way. The Easement Area is a strip of land situated in Story County, Iowa, as shown on
the final plat drawing of Birch Meadows Subdivision, Second Addition, Ames, Story
County,Iowa, and described as follows:
For use of a public utility easement for distributing electricity and such
other general utilities as may be distributed under franchise of the
City of Ames: The real property shown on Schedule "A" attached
hereto and by this reference made a part hereof.
For use of a surface water flowage easement: The real property shown
on Schedule "B" attached hereto and by this reference made a part
hereof.
For use of a pedestrian easement: The real property shown on Schedule
"C" attached hereto and by this reference made a part hereof.
For use of a storm sewer easement: The real property shown on
Schedule "D" attached hereto and by this reference made a part
hereof.
ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS, OR
MATERIALS PROHIBITED. Grantor 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 City of Ames, 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 City of Ames. The City of Ames, Iowa
shall have the right to trim or remove trees and shrubs in the easement area to prevent
damage to utility service lines of the City of Ames located within the easement area.
The foregoing rights are granted by the Grantor and shall be accepted and exercised by
the Grantee 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.
IN WITNESS WHEREOF the undersigned has executed this instrument on
c4l U ' , 2021.
FITCH LAND DEVELOPMENT,LLC
By: ' YY)CLLi-U ���.k c h By:
Mary R. Fik4i, as Co-Trustee of the chard L. Fitch, as Co-Trustee of the
Richard and Mary Fitch Revocable Richard and Mary Fitch Revocable
Trust u/d/o September 25, 1996, Trust u/d/o September 25, 1996,
Member Member
STATE OF IOWA,COUNTY OF STORY: SS
This instrument was acknowledged before me on us uS t �a , 2021,by
Mary R. Fitch and Richard L. Fitch, as Co-Trustees of the �A'chard and Mary Fitch
Revocable Trust u/d/o September 25, 1996, which Trust is a member of Fitch Land
Development, LLC.
P l
.,. SHAWN E. ROBERTS Notary Public
* ��m 4
2
BIRCH MEADOWS SUBDIVISION,
SECOND ADDITION,
AMES, STORY COUNTY,IOWA
EASEMENT DESCRIPTIONS
Public Utility Easements-Schedule"A"
Lot 1: The north 10 feet,the west 10 feet, and the east 5 feet; and
Lot 2: The west 10 feet, and the east 5 feet; and
Lot 3: The west 10 feet, and the east 5 feet; and
Lot 4: The northwest 10 feet, and the southeast 5 feet; and
Lot 5: The northeast 10 feet, and the south 5 feet; and
Lot 6: The southeast 10 feet,the east 10 feet, and the west 5 feet; and
Lot 7: The east 10 feet, and the west 5 feet; and
Lot 8: The east 10 feet, and the west 5 feet; and
Lot 9: The east 10 feet, and the west 5 feet; and
Lot 10: The east 10 feet, and the west 5 feet; and
Lot 11: The east 10 feet, and the west 5 feet; and
Lot 12: The west 10 feet, and the east 5 feet; and
Lot 13: The west 10 feet, and the east 5 feet; and
Lot 14: The west 10 feet, and the east 5 feet; and
Lot 15: The west 10 feet, the south 10 feet, and the east 5 feet; and
Lot 16: The south 10 feet, and the north 5 feet.
ALL IN Birch Meadows Subdivision, Second Addition, City of Ames, Story County, Iowa.
Surface Water Flowage Easements—Schedule"B"
Lot 1: The east 20 feet; and
Lot 16: The north 20 feet of the east 86 feet.
ALL IN Birch Meadows Subdivision, Second Addition, City of Ames, Story County, Iowa.
Pedestrian Easements—Schedule"C"
Lot 1: The east 7 feet; and
Lot 16: The east 3.5 feet.
ALL IN Birch Meadows Subdivision,Second Addition, City of Ames, Story County, Iowa.
Storm Sewer Easements—Schedule"D"
Lot 4: The west 10 feet; and
Lot 5: The east 10 feet; and
Lot 16: The east 10 feet.
ALL IN Birch Meadows Subdivision, Second Addition, City of Ames, Story County, Iowa.
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