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Home My WebLink AboutA006 - Easements Instrument No. 024-04628 recorded July 3, 2024 Instrument 4: 2024-04628 07/03/2024 08:28:13 AM Total Pages: 6 EASE EASEMENTS Recording Fee: 32.00 Stacie Herridge, Lcorder, Story County Iowa U� mill W1111 411.11 1 1Al'MI 1,Ull Will 11111 h 4 w � o F � � 1 b 8� N a z �W r`r INSTRUMENT PREPARED BY: Brian D.Torresi, 120 S 161"St.,Ames,IA 50010 515)288-2500 RETURN To: Brian D.Torresi, 120 S 1611 St.,Ames,lA 50010 EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That FRIEDRICH LAND DEVELOPMENT COMPANY, L.L.C., 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 North 10 feet and the East 10 feet of Lot One (1); The Easterly 10 feet of Lot Two(2); The Easterly 10 feet of Lot Three(3); The East 10 feet of Lot Four(4); The East 10 feet of Lot Five(5); The West 10 feet and the North 10 feet of Lot Six(6); The North 10 feet of Lot Seven (7); The North 10 feet,the Northeasterly 10 feet, and the East 10 feet of Lot Eight(8); The West 10 feet of Lot Nine(9); The Westerly 10 feet of Lot Ten(10); The Southwesterly 10 feet of Lot Eleven(11); The Southwesterly 10 feet of Lot Twelve(12); The South 10 feet of Lot Thirteen(13); The South 10 feet of L.ot Fourteen(14); The South 10 feet of Lot Fifteen(15); Outlot A; Outlot B; Outlot C;AND, Outlot D, all of the foregoing in THE BLUFFS AT DANKBAR FARMS SECOND ADDITION, AMES, STORY COUNTY,IOWA. The undersigned further grants unto the CITY OF AMES, IOWA, and its successors and assigns,pedestrian easements upon,underground,over or across the following-described reai estate: Outlot A.- Outlot B; Outlot C; AND, Outlot D, all of the foregoing in THE BLUFFS AT DANKBAR FARMS SECOND 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: Outlot A; Outlot B; Outlot C;AND, Outlot D, 2 all of the foregoing in THE BLUFFS AT DANKBAR FARMS SECOND ADDITION, AMES, STORY COUNTY,IOWA. The purpose of the Greenbelt Easements(as defined herein)is to maintain a natural and healthy wooded area for its scenic and aesthetic value and to protect and maintain the sloped terrain within the Greenbelt Easement Areas (as defined herein)from degradation and erosion. The undersigned fiirther 3 grants unto the CITY OF ANTES, IOWA, and its successors and assigns, greenbelt easements (collectively,the"Greenbelt Easements")upon,underground,over or across the following-described real I estate(collectively, the"Greenbelt Easement Areas"): A tract of land in Outlot XX, The Bluffs at Dankbar Farms Second Addition, Ames, Story County, Iowa and being more particularly described as follows: Commencing at the Southwest corner of the Northwest Quarter(N W%4)of the Southeast Quarter(SE'/a) of Section 20,Township 84 North,Range 24 West of the 5th P.M., Story County,Iowa; thence N00012'03"W,222.72 feet along the West line of the NW'/4 of the SE1/4 of said Section 20 to the point of beginning; thence continuing along said West line N00°12'03"W, 123.03 feet;thence S77"58'26"E,51.77 feet;thence S47°25'17"E,157.29 feet; thence S70°35'03"E, 129.39 feet; thence S 14°17'58"E, 144.67 feet; thence S23.21'43"E, 104.64 feet;thence S33°23'43"E,403.09 feet;thence S491,30'41"W,50.48 feet;thence N40°29'19"W,845.14 feet;to the point of beginning; Commencing at the Northwest corner of the Southeast Quarter(SEl/a)of the Southeast Quarter(SE'/)of Section 20,Township 84 North,Range 24 West of the 5th P.M.,Story County,Iowa;thence S00107'56"E, 568.19 feet along the East line of the SW'/4 of the SE1/4 of said Section 20;thence S89°52'04"W, 15.00 feet;thence S00007'56"E,454.92 feet;thence S89052'04"W, 136.84 feet to the point of beginning;thence N41035'17"W, 470.82 feet;thence N45°05'51"E,43.38 feet;thence N44054'09"W,317.70 feet;thence N49030'41"E,84.08 feet;thence S46°38'31"E, 100.58 feet;thence S36°48'10"E, 1.00.21 feet; thence S34130'06"E, 113.35 feet; thence S12145'49"E, 88.34 feet; thence S49019'00"E, 58.90 feet; thence S58°51'24"E, 81.04 feet; thence S37°09'05"E, 60.96 feet; thence S25°02125"E,225.81 feet;thence S89"52'04"W,21.19 feet to the point of beginning;AND, Outlot WW, all of the foregoing in THE BLUFFS AT DANKBAR FARMS SECOND ADDITION, AMES, STORY COUNTY,IOWA. With respect to the Greenbelt Easements Areas, the following shall apply: a. No habitable structures shall be erected within the Greenbelt Easement Areas; b. Ash trees maybe removed from within the Greenbelt Easement Areas at anytime,and dead, dangerous, and/or diseased trees may be removed from the Greenbelt Easement Areas; c. Other trees and scrub vegetation may selectively be removed from the Greenbelt Easement Areas with the purpose of promoting the health of the overall woods and protection of the sloped terrain,and accordingly,the clearing of large areas of trees from within the Greenbelt Easement Areas is prohibited unless the City of Ames, Iowa concurs with a report from a certified arborist with respect to the need for a large clearing of trees in support of the aforementioned purpose; d. Gazebos and other non-habitable structures are permitted,subject to the requirements of the flood plain zoning regulations,as long as such non-habitable structures are placed or constructed in a manner that does not cause erosion or the degradation of the sloped terrain; e. Walking paths are permitted within the Greenbelt Easement Areas when such walking paths are constructed in a manner that does not cause erosion or the degradation of the sloped terrain; and f Representatives of the City of Ames, Iowa may access the Greenbelt Easement Areas, with reasonable notice, for purposes of reviewing the condition of the land and vegetation within the Greenbelt Easement Areas and consistency with the purpose of the Greenbelt Easements; however, the City of Ames, Iowa has no obligation for maintenance or improvement of the land or vegetation within the Greenbelt Easement Areas. Except as may be provided otherwise herein with respect to the Greenbelt Easements, 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 4 I i r ` 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. Ap�,` i Dated this 30 day of 1u-e,2024. (SIGNATURE PAGE FOLLOWS) 5 SIGNATURE PAGE OF EASEMENTS FRIEDRICH LAND DEVELOPMENT COMPANY,L.L.C. 2�4By: — K W. Fried ich, Manager STATE OF IOWA, COUNTY OF STORY, SS: This record was acknowledged before me on this 30 day of April, 2024, by Kurt W. Friedrich, as a Manager of Friedrich Land Development Company, L.L.C. Notary Public in and for the State of Iowa .e' `+� BRIAN TORRESI My commission expires el-1//�Cj , ,Canmiaslcn Number 742380 ow MY==res