HomeMy WebLinkAbout~Master - Public Utilities/Electric Facilities - Chelan Daybreak - Dauntless, 7th Addition �elr� Instrument:2007- 00011594
M Date•Dct 02r2007 01:37:47P
D Rec Fee: 15.00 E-Cam Fee: 1.00
G Aud Fee: .00 Trans Tax: .00.__. .
Rec Management Fee: 1.00
Won-Standard Page Fee: .00
Filed for record in Story Countyr Iowa
Susan L. Vande Kamp► County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by&,alter recording return to:Lyndon Cook,P.E.,City or Ames Electric Engineering Division.502 Carroll Ave.,Ames.IA 50010(515)239-5174
CITY OF AMES
PUBLIC UTILITIES AND ELECTRIC FACILITIES EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That (I/we), Chelan Daybreak, LLC, its successors and assigns,(do/does)hereby grant, bargain and convey to the
City of Ames, Iowa, a municipal corporation, a perpetual right of way and easement, with the right, privilege and
authority to said municipal corporation, its successors, licensees, assigns and lessees, to locate, relocate, replace,
construct, reconstruct, repair, operate, maintain, patrol and/or remove an underground line or lines of poles plus
all relevant wires and fixtures, for the purpose of transmitting and/or distributing electric and telecommunications
as well as other public utilities in, on, through, over, under and across the following described land in the County
of Story, State of Iowa:
(See Exhibit"A"attached hereto and made a part hereof.)
together with (a) the right, privilege and authority to trim, cut and remove from said premises any trees,
overhanging branches or other obstructions within a radius of 10 (ten) feet from said line or lines of poles, wires
and fixtures, as located, (b) the right of ingress and egress to, from and over the above-described premises for
doing anything necessary or useful for the enjoyment of the easement herein granted, and (c) all other rights,
easements, privileges and appurtenances, in or to said lands, which may be required for the full enjoyment of the
rights herein granted, together with the right to assign or grant partially or wholly to others the right or license to
use the easement herein granted or any part thereof for the uses and with the rights herein specified.
Grantor(s)warrant(s)that(he,she, it,they)(has,have)good title to the above described premises and that there
are no encumbrances which will limit or interfere with the rights granted herein to Grantee.
The Grantor(s),(his,her,its,their)tenants,heirs,successors and assigns shall have the right to use and enjoy said
premises fully,except for the rights and privileges hereinbefore granted to the Grantee;provided however,that no
buildings,structures or improvements either permanent or temporary in nature,nor shall the terrain be altered
without prior written consent of Grantee,nor shall any other utilities be placed in,on,through,over or across the
easement without Grantee's prior written consent;that the use of said premises shall at all times be subject to such
acts and uses by Grantee as may be necessary for the purposes herein set forth.
The foregoing rights are granted upon the express condition that the City of Ames, Iowa, will assume all liability
for all damages to the above described property caused by the City's failure to use due care in its exercise of the
rights, privileges and authorities granted.
Dated at Ames, Iowa,this St day of ddv�-,20
CHELAN AYBREAK, LLC
By.
Mat Eller, Manager
STATE OF IOWA, 2hyq COUNTY ss:
On this Lfsf day o ,2007,before me, a Notary Public in and for the State of Iowa,
personalty appeared Matt Eller, Manager of Chelan Daybreak, LLC,an Iowa limit liability compa y. ,
otary ub in and for Aid to
MEGAN TIERNAGEL
Commission Number 724609
My Commission Expires
iowP September 18, 2009
�Q9,u 2
EXHIBIT"A"
A PART OF PARCEL `B' OF LOT 2 AS SHOWN ON THE PLAT OF SURVEY RECORDED AS
INSTRUMENT NUMBER 20040015794, IN THE SEVENTH ADDITION DAUNTLESS
SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE V1gST 10 FEET OF SAID PARCEL `B';
AND BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 'B'; THENCE NORTH
22`10'29" EAST ALONG THE WESTERLY LINE OF SAID PARCEL 'B', A DISTANCE OF
86.71 FEET; THENCE SOUTH 67 049'30" EAST, 10.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 67049'30" EAST, 20.11 FEET AND THE POINT
OF TERMINUS;
AND BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 'B'; THENCE NORTH
22010'29" EAST ALONG THE WESTERLY LINE OF SAID PARCEL 'B', A DISTANCE OF
419.96 FEET; THENCE SOUTH 67 049'30" EAST, 10.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 67049'30° EAST, 276.47 FEET; THENCE
SOUTH 83'23'16" EAST AND THE POINT OF TERMINUS.