HomeMy WebLinkAboutA008 - Easements Instrument No. 2023-00236 and Avigation Easement Instrument No. 2023-00237 Instrument #: 2023-00236
01/10/2023 02:25:32 PM Total Pages: 4
I -'+l EASE EASEMENTS
Recording Fee: $$ 22.00
StaciWHerrldge, Recorder, Story County Iowa
mill Mi Cyr� 7116W4,]IJ�1' �1 � ���1���4'i milli
0
E
CA
e za
P4^'
GR
�N
INSTRUMENT PREPARED BY: Brian D.Torresl, 120 S 16"St. Ames,IA 50010 515 288-2500
RE,TURN TO: Brian D.Torresi 120 S 166 St.,Ames,IA 50010
EASEMENTS
KNOW ALL PERSONS BY THESE PRESENTS:
That ELY'S SOUTH DUFF PROPERTY,L.C.,for good and valuable consideration,does
hereby grant unto the CITY OF AMES,IOWA, and its successors and assigns,public street and
right-of-way easements upon,underground, over or across the following-described real estate:
The East 10 feet of the North 90.37 feet of Lot One(1);AND,
The East 10 feet of Lot Two (2),
all of the foregoing in ELY'S SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,
IOWA.
The undersigned further grants unto the CITY OF AMES,IOWA,and its successors and
assigns,permanent electric easements upon,underground, over or across the following-described
real estate:
The South 5 feet of Lot One(1)that is adjoining Parcel"M"as recorded in Slide 66,
Page 1 in the office of the Recorder of Story County,Iowa;AND,
THAT PART OF LOT TWO(2)IN THE SOUTHEAST QUARTER(SE%4)OF THE
EIGHTY-THREE(83)NORTH,RANGE TWENTY-FOUR(24)WEST OF THE 5t'
P.M.,AMES,STORY COUNTY,IOWA,AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF
SAID LOT TWO(2);THENCE N00°13'53"E,5.00 FEET;THENCE S89°54'07"W,
3.80 FEET;THENCE N00106'29"W,74.80 FEET;THENCE S89053'31"W, 10.00
FEET;THENCE S00006'29"E,74.80 FEET;THENCE S89154'07"W, 172.08 FEET;
THENCE N00044'22"E, 64.64 FEET; THENCE N89015'38"W, 10.00 FEET;
THENCE S00044'22"W, 64.79 FEET; THENCE S89054'07"W, 22.77 FEET;
THENCE S00013'53"W, 5.00 FEET; THENCE N89054'07"E, 370.22 FEET TO
THE POINT OF BEGINNING,
all of the foregoing in ELY'S SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,
IOWA.
The undersigned further grants unto the CITY OF AMES,IOWA,and its successors and
assigns, permanent sanitary sewer easements upon, underground, over or across the following-
described real estate:
THAT PART OF LOT ONE(1)IN THE SOUTHEAST QUARTER(SEV4)OF THE
SOUTHWEST QUARTER(SWI/4)OF SECTION FOURTEEN(14),TOWNSHIP
EIGHTY-T BREE(83)NORTH,RANGE TWENTY-FOUR(24)WEST OF THE 5'h
P.M.,AMES,STORY COUNTY,IOWA,AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER
OF SAID LOT ONE(1);THENCE S89054'55"W, 16.50 FEET TO THE POINT OF
BEGINNING; THENCE S00°34'31"W, 90.40 FEET; THENCE S89048'38"W,
15.00 FEET;THENCE N00034'31"E,90.43;THENCE N89054'55"E, 15.00 FEET
TO THE POINT OF BEGINNING;AND,
THAT PART OF LOT TWO(2)IN THE SOUTHEAST QUARTER(SE%4)OF THE
SOUTHWEST QUARTER(SW'/)OF SECTION FOURTEEN(14),TOWNSHIP
EIGHTY-THREE(83)NORTH,RANGE TWENTY-FOUR(24)WEST OF THE 5t`
P.M.,AMES,STORY COUNTY,IOWA,.AND BEING MORE PARTICULARLY.
DESCRIBED AS FOLLOWS:COMMENCING ATTHENORTHEAST CORNER
OF SAID LOT TWO(2);THENCE S89048'38"W, 17,05 FEET TO THE POINT OF
BEGINNING; THENCE S00°34'31"W, 90.62 FEET; THENCE N89125'29"W,
15.00 FEET;THENCE N00034'31"E,90.42 FEET;THENCE N89048'3 8"E, 15.00
FEET TO THE POINT OF BEGINNING,
all of the foregoing in ELY'S SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,
EIGHTY-THREE(83)NORTH,RANGE TWENTY-FOUR(24)WEST OF THE 5"'
P.M.,AMES,STORY COUNTY,IOWA,AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF
SAID LOT TWO(2);THENCE N00°13'53"E,5.00FEET;THENCE S89°54'07"W,
3.80 FEET;THENCE N00006'29"W,74.80 FEET;THENCE S89053'31"W, 10.00
FEET;THENCE S00006'29"E,74.80 FEET;THENCE 889054'07"W, 172.08 FEET;
THENCE N00044'22"E, 64.64 FEET; THENCE N89115'38"W, 10.00 FEET;
THENCE S00044'22"W, 64.79 FEET; THENCE S89054'07"W, 22.77 FEET;
THENCE S00013'53"W, 5.00 FEET; THENCE N89154'07"E, 370.22 FEET TO
THE POINT OF BEGINNING,
all of the foregoing in ELY'S SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,
IOWA.
The undersigned further grants unto the CITY OF AMES,IOWA, and its successors and
assigns, permanent sanitary sewer easements upon, underground, over or across the following-
described real estate:
THAT PART OF LOT ONE(1)IN THE SOUTHEAST QUARTER(SE'/a)OF THE
SOUTHWEST QUARTER(SWV4)OF SECTION FOURTEEN(14),TOWNSHIP
EIGHTY-THREE(83)NORTH,RANGE TWENTY-FOUR(24)WEST OF THE 5th
P.M. AMES STORY COUNTY IOWA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:COMMENCING AT THENORTHEAST CORNER
OF SAID LOT ONE(1);THENCE S89054'55"W, 16.50 FEET TO THE POINT OF
BEGINNING; THENCE S00°34'31"W, 90.40 FEET; THENCE S89048'38"W,
15.00 FEET;THENCE N00°34'31"E,90.43;THENCE N89°54'55"E, 15.00 FEET
TO THE POINT OF BEGINNING;AND
THAT PART OF LOT TWO(2)IN THE SOUTHEAST QUARTER(SE'/a)OF THE
SOUTHWEST QUARTER(SW'/a)OF SECTION FOURTEEN(14),TOWNSHIP
I
EIGHTY-THREE(83)NORTH,RANGE TWENTY-FOUR(24)WEST OF THE 5t'
P.M.,AMES, STORY _COUNTY,IOWA,AND BEING MORE PARTICULARLY --
DESCRIBED AS FOLLOWS:COMMENCING AT THENORTHEAST CORNER
OF SAID LOT TWO(2);THENCE S89048'38"W, 17.05 FEET TO THE POINT OF
BEGINNING; THENCE S00°34'31"W, 90.62 FEET; THENCE N89025'29"W,
15.00 FEET;THENCE N00134'31"E, 90.42 FEET;THENCE N89048'3 8"E, 15.00
FEET TO THE POINT OF BEGINNING,
i
i
-all of the foregoing in ELY'S SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,
I
i
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 day of November, 2022.
ELY'S SOUTH DUFF PROPERTY, L.C.
By: MILDRED E. ELY TRUST, Sole Member
By:
-'-Mildred] . Ely, Trustee
STATE OF IOWA, COUNTY OF �p , SS:
This record was acknowledged before me on this day of November,2022,by Mildred E.
Ely,Trustee of the Mildred E. Ely Trust, the Sole Member of Ely's South Duff Property, L.C.
hPa s� CHARLES E.tYINKLEBLACK
Commission Number 747077
Myco7Qnmis ion F�, E� Notary Public in and for the State of Iowa
• !vLNP S IT.�'I ZOL�^
1 ��_�� My commission expires Z ? 057
Instrument #; 2023-00237
01/10/2023 02:25:32 PM Total Pages: 2
EASE,- EASEMENTS
%grding Fee: $ 12.00 II `
millik�� 10101%NV I�I�ICI$ 1 W1 fl N111 11111
N
1 ��
� 4
I.1
1
t1.
DO NOT WRITE IN TFIE SPACE ABOVE THIS LINT,RES);RVED FOR RECORDER
Prepared by:Brian D.Torresi,120 S 1611 St.,Ames,IA 50010(Phone:515-288-2500)
Return to: Ames Ci Clerk 515 Clark,Ames Iowa 50010
AVIGATION EASEMENT
WHEREAS,Ely's South Duff Property, L.C.(the"Grantor'),is the fee simple owner of a parcel
of real property situated in the City of Ames, Iowa,and legally described as:
Parcel "G" a part of the Southeast Quarter (SE'/4) of the Southwest Quarter (SW'/4) of
Section Fourteen (14), Township Eighty-three(83)North, Range Twenty-four(24) West
of the 5t11 P.M., Ames, Story County, Iowa, as shown on the Plat of Survey recorded on
September 10, 1997,as Instrument No. 97-09763,Book 15,Page 43
(the"Pro a ");and
WHEREAS, the Grantor has applied to the City of Ames, Iowa (the "Grantee") for the
subdivision of the Property into Ely's Subdivision First Addition, Ames, Story County, Iowa (the
"Subdivision"); and
WHEREAS, the Grantee is the owner of a public-use airport (the "Ames Munici al Ai oty,)
that is in the vicinity of the Property and the Subdivision;
NOW, THERE,FORE, in consideration of the approval of the subdivision of the Property into
the Subdivision by the Grantee,the Grantor, for itself and its heirs, administrators,executors, successors,
and assigns does hereby grant the following appurtenant rights and benefits to the Grantee for the use.and
benefit of the public. The appurtenant rights and benefits include the following uses, rights, and
restrictions of the Property:
1. The Property shall not contain at any time any object or future object, either mobile or
stationary, that is an "obstruction to air navigation" (as that term is defined herein)to Aircraft (as that
term is defined herein) in and through the Navigable Airspace (as that term is defined herein) above the
surface of the Property. For purposes of this Avigation Easement, the standards for determining whether
an object is an "obstruction to air naviggion"shall be as provided in Section 77.23 of Title 14,Part 77 of
the Code of Federal Regulations (collectively, with any and all regulations promulgated with respect to
the Act (as that term is defined herein), the "Aeronautics CFR"). For purposes of this Avigation
Easement,the term "Navigable Airspace"shall mean the airspace above the minimum altitudes of flight
prescribed by the Aeronautics CFR and the Federal Aviation Act of 1958,49 U.S.C. §§ 1301 et seq. (the
"Act"),and shall include airspace needed to ensure safety in the takeoff and landing of aircraft.
1
2. The right of Aircraft to cause noise, vibrations, fumes, deposits of dust, fuel particles, fear,
interference with sleep or communication, and any other effects that may be associated with the normal
operation of Aircraft taking off, landing, or operating in the vicinity of the Ames Municipal Airport. For
purposes of this Avigation Easement, the term"Aircraft"shall mean any and all types of aircraft,whether
now in existence or hereafter manufactured and developed, to include jet, propeller-driven, civil, military,
or commercial aircraft; helicopters, regardless of existing or future noise levels, for the purpose of
transporting persons or property through the air,by whoever owned or operated.
The Grantor agrees to keep the Property free of. (a) any structures or surfaces that might create glare or
contain misleading lights; (b) smoke generating activities; and(c)any activity that may create any form of
electrical interference that could affect the movement of Aircraft over the Property; all in accordance with
the applicable provisions of the Aeronautics CFR and/or the Act.
The Grantor agrees to waive all damages and claims for damages caused or alleged to be caused by the
Grantor's violation of any aspect of this Avigation Easement. The Grantee, as owner of the Ames
Municipal Airport, has a perpetual right of ingress and egress over and upon the Property and the right to
remove any"obstruction to air navigation"that may be located on the Property.
TO HAVE AND TO HOLD said easement and all rights appertaining thereto unto the Grantee,
its successors, and assigns, until said Ames Municipal Airport shall be abandoned and shall cease to be
used for public airport purposes. It is understood and agreed that all provisions herein shall run with the
land and shall be binding upon the Grantor, its heirs, administrators, executors, successors, and assigns
until such time that the easement rights granted herein are extinguished.
Dated this ay December, 2022.
ELY'S SOUTH DUFF PROPERTY,L.C.
By: MILDRED E. ELY TRUST, Sole Member
By: Ou�,4 �6
Mildred E.Ely, Trustee
STATE OF IOWA,COUNTY OI� , SS:
This record was acknowledged before me on this day of December, 2022, by Mildred E. Ely,
Trustee of the Mildred E.Ely Trust,the Sole Member of ly's South Duff Proper ,L.C.
JENNIFER KAPAL14 Nota i and#the State of Iowa
fi F Commission Nur ' 1
My,�3/�'�a� _ My co ssio expires 3111
2