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HomeMy WebLinkAboutA004 - Easements, Instrument No. 2022-01302 Instrument 0: 2022-01302 frl , 02/10/2022 02:31:28 PM Total Pages: 4 o1/I EASE EASEMENTS Uo� Recording Fee: g 22.00 Stacie Herridge, Recorder, Story County Iowa ��► mill K MR111101%ILL Wily 1M 11111 w oho E" ly r � O �N � b� INSTRUMENT PREPARED ffi,: Brian D.Torresi,2605 Northridge Pkw .,Ames,IA 50010 515 288-2500 RETURN To: Brian D.Torresi 2605 Northridge Pkwy.,Ames IA 50010 EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That ERBEN HUNZIKER AND MARGARET HUNZIKER APARTMENTS,L.L.C. and HUNZIKER DEVELOPMENT GROUP, LLC, for good and valuable consideration, do hereby grant unto the CITY OF AMES,IOWA,and its successors and assigns, ingress and egress easements upon, underground, over or across the following-described real estate: The West 100 feet of Parcel A all of the foregoing in AUBURN TRAIL SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,IOWA. The undersigned further grant unto the CITY OF AMES, IOWA, and its successors and assigns,conservation easements(as situated on each referenced lot,a"Conservation Easement",and as referenced and provided for in Section 23.605 of the Ames Municipal Code)upon,underground, over or across the following-described real estate: THAT PART OF OUTLOT YY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID OUTLOT YY;THENCE N89125'36"W,502.35 FEET ALONG THE SOUTH LINE THEREOF;THENCE N00002'47"E,485.29 FEET ALONG THE WEST LINE OF OUTLOT YY; THENCE S89138'41"E, 103.25 FEET; THENCE S57048'38"E, 106.95 FEET TO THE BEGINNING OF A 113.48 FOOT RADIUS CURVE,WITH A DELTA OF 47037'10", CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY 94.32 FEET ALONG SAID CURVE,LONG CHORD BEARS S33038'58"E, 91.63 FEET TO THE BEGINNING OF A 122.72 FOOT RADIUS CURVE WITH A DELTA OF 8022'52", CONCAVE WESTERLY; THENCE SOUTHERLY 17.95 FEET ALONG SAID CURVE, LONG CHORD BEARS S05038'57"E, 17.94 FEET; THENCE S00°38'38"E, 143.83 FEET; THENCE N89021'22"E, 254.39 FEET TO THE EAST LINE OF SAID OUTLOT YY; THENCE S00006'07"W, 197.62 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. all of the foregoing in AUBURN TRAIL SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,IOWA. The undersigned further grant unto the CITY OF AMES, IOWA, and its successors and assigns,drainage easements upon,underground,over or across the following-described real estate: THAT PART OF OUTLOT YY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID OUTLOT YY;THENCE N89125'36"W,502.35 FEET ALONG THE SOUTH LINE THEREOF;THENCE N00002'47"E,485.29 FEET ALONG THE WEST LINE OF OUTLOT YY; THENCE S89038'41"E, 103.25 FEET; THENCE S57048'38"E, 106.95 FEET TO THE BEGINNING OF A 113.48 FOOT RADIUS CURVE,WITH A DELTA OF 47037'10", CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY 94.32 FEET ALONG SAID CURVE,LONG CHORD BEARS S33038'58"E, 91.63 FEET TO THE BEGINNING OF A 122.72 FOOT RADIUS CURVE WITH A DELTA OF 8022'52", CONCAVE WESTERLY; THENCE SOUTHERLY 17.95 FEET ALONG SAID CURVE, LONG CHORD BEARS S05038'57"E, 17.94 FEET; THENCE S00°38'38"E, 143.83 FEET; THENCE N89021'22"E, 254.39 FEET TO THE EAST LINE OF SAID OUTLOT YY; THENCE S00006'07"W, 197.62 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. all of the foregoing in AUBURN TRAIL SUBDIVISION FIRST 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 2 within the easement areas identified herein to prevent damage to utility service lines of the City of Ames, Iowa located within said easement areas. Each Conservation Easement shall be used in accordance with the purposes set forth in Section 23.605 of the Ames Municipal Code and shall be subject to the required conservation management plan (as may be amended) for Auburn Trail Subdivision First Addition, Ames, Story County, Iowa, on file in the office of the Municipal Engineer of the City of Ames, Iowa. 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. (SIGNATURE PAGE FOLLOWS) 3 SIGNATURE PAGE OF EASEMENTS ERBEN HUNZIKER AND MARGARET HUNZIKER APARTMENTS,L.L.C. By: Depfi E. Hunziker, NAnager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on thi�2K day of December,2021,by Dean E., Hunziker, as a Manager of Erben Hunziker and Margaret Hunziker Apartments, L.L.C. MARCIA SE Com Numbe r ro3020 ' State of Iowa. Notary Public in and for the S a. My commission expires HUNZIKER DEVELOPMENT GROUP, LLC ByWiuZDoanager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on thfi�y_day of December,2021,by Justin R. Dodge, as a Manager of Hunziker Development Group, LLC. -jj�� �C�/ZVD� MARCIA KRAUSE Ck'kclz CWW*@10n Number 803020 Notary P lic in and for the State of Iowa Commission foe My commission expires -a �ti