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Home My WebLink About~Master - Electric Facilities - Midwest Centers, LP - Grand Avenue Extension I Instrument:2008- 00000M M Date:Jan 28r2008 10:26:31A D Rec Fee: 15.00 E-Com Fee: 1.00 6 AAud Fee: .00 Trans Tax: .00 Rec Mana9etlent Fee: 1.00 Non-Standard Pase Fee' .00 Filed for record in Stors Counts? Iowa Susan L. Vande Kampr Counts Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Lyndon Cook,P.E.City of Ames Electric Engineering Division,502 Carroll Avenue,Ames,Iowa 50010(Phoac:515-239-5114) Return to Ames City Clark,Box 811,Ames,IA 50010 CITY OF AMES ELECTRIC FACILITIES EASEMENT KNOW ALL MEN BY THESE PRESENTS: That we, Midwest Centers L.P., a California limited partnership, its successors and assigns, do 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 tine or lines of poles plus all relevant wires and fixtures, for the purpose of transmitting and/or distributing electricity in,on,through,over,under and across the following described land in the County of Story,State of Iowa: DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE FIFTH PRINCIPLE MERIDIAN,BEING A PART OF PARCEL "A"AS RECORDED IN BOOK 13,PAGE 37 IN THE STORY COUNTY RECORDER'S OFFICE,NOW INCLUDED IN AND FORMING A PART OF THE CITY OF AMES,STORY COUNTY,IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"A";THENCE NORTH 14.01143"EAST,546.06 FEET ALONG THE CENTERLINE OF THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY RIGHT-OF-WAY (NOW ABANDONED) AND THE WEST LINE OF SAID PARCEI, "A" TO THE POINT OF BEGINNING;THENCE NORTH 14.01143"EAST,78.35 FEET ALONG SAID WEST LINE;THENCE SOUTH 08.1121" WEST,347.38 FEET;THENCE NORTH 00.08'50"EAST,57.26 FEET;THENCE NORTH 08.11'58"EAST,212.74 FEET TO THE POINT OF BEGINNING,CONTAINING 2,240 SQUARE FEET(0.05 ACRES)MORE OR LESS. (See Acquisition Plat marked 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 andtfixtures, 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 (a) 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. Grantors)warrants)that they hold title in fee simple to the above described premises and that,to Grantor's best knowledge, there are no recorded encumbrances which will limit or interfere with the rights granted herein to Grantee. The Grantor(s),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 Grantor's property as a result of or in connection with exercise of the easement as permitted herein (or unauthorized use of Grantor's property)by Grantee and/or those claiming under Grantee. J Dated this_�� <> day of_Iv ?*1 "'�!_,2007. MIDWEST CENTERS L.P.,A CALIFORNIA LIMITED PARTNERSHIP BY: Macerich Real Estate Company, a New York general partnership, its general partner BY: The Siegel S,Ikri ors Trust u/a 6/3/9 , its genera artn 13Y: Mace Siegel,Trustee ALL PURP0§9 AQKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF_LA1.40MM , ) COUNTY OF_ _ _ )ss: INDIVIDUAL 1 CORPORATE On this IL day of /`�1 _, A.D. 20 Title(s) of Corporate Officer(s): before me, the undersigned, a Notary Public in and for said _ State, personally appeared _ ---_--- Al�L� �' _ __Corporate Seal is affixed --No Corporate Seal procured __PARTNER(s): Limited Partnership to me personally known General Partnership or proved to me on the basis of satisfactory evidence Attorney-In-Fact _ Executor(s)or Trustee(s) to be the person(s) whose name(s) is/are subscribed to the _ Guardian(s) or Conservator(s) within instrument and acknowledged to me that he/she/they Other: executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the SIGNER IS REPRESENTING: person(s), or the entity upon behalf of which the person(s) acted, executed the in trument. List name(s) of person(s)or entity(ies) _ s 14 ign in ink) at �h t ty namel N tary Public in an for the State of _ 9.4 (Notary Seal) L L KRIS�CCpM CKCommission#1563627 Nof4ry Public-Colifomia Los Angeles County MY Comm-Expires Apr 20,2 N RETURN TO: HOWARD R.GREEN COMPANY 4685 MERLE HAY ROAD,SUITE 106, DES MOINES,IA 50322 (515)278-2913 FAX(515)278-1846 ACQUISITION PLAT EXHIBIT"A" PUBLIC UTILITY EASEMENT BEING CONVEYED TO THE CITY OF AMES SOUTH GRAND AVENUE-PCC PAVEMENT-PARCEL NO. 15 CUT"X"IN CONC. PROJECT NO. HDP-0155(653)--71-85 CITY OF AMES NO.320-8174-435 NE COR SEC 10-83-24 OWNER: LEGAL DESCRIPTION MIDWEST CENTERS,L.P. A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE INSTRUMENT NO.97-02123 NORTHEAST QUARTER OF SECTION 10,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE FIFTH PRINCIPLE MERIDIAN,BEING A PART OF PARCEL"A"AS RECORDED IN BOOK 13,PAGE 37 IN THE STORY COUNTY RECORDER'S OFFICE,NOW INCLUDED IN AND FORMING A - - - - - - - - - - - - - - - - - - - - - - - - - - - - -PART OF THE CITY OF AMES,STORY COUNTY,IOWA,MORE LINCOLN WAY(US 69) PARTICULARLY DESCRIBED AS FOLLOWS: ti COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL"A"; THENCE NORTH 14"01'43"EAST,546.06 FEET ALONG THE CENTERLINE o OF THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY N w o RIGHT-OF-WAY(NOW ABANDONED)AND THE WEST LINE OF SAID L'j c PARCEL"A"TO THE POINT OF BEGINNING;THENCE NORTH 14"01'43" w co, EAST,78.35 FEETALONG SAID WEST LINE;THENCE SOUTH 08"11'21" U��a WEST,347.38 FEET;THENCE NORTH 00"08'50"EAST,57.26 FEET; z THENCE NORTH 08*11-58"EAST,212.74 FEET TO THE POINT OF BEGINNING,CONTAINING 2,240 SQUARE FEET(0.05 ACRES) MORE OR LESS. 'NE1/4NE1/4 1/2 ROD W/YELLOW CAP#6586 ' SEC.10-83-24 co \ 0 h WI M � P.O.B. ' CENTERLINEd� ABANDONED N14001'43"E 78.35'(M) RAILROAD ROW i AND W.LINE PARCEL"A" P.O.B. IT IZE / ►� N cvj M N No- Q NOT TO SCALE03 W w %j STATE OF IOWA v INSTRUMENT NO.04-06437 0% m Zco o 2� v N00"08'50"E 57.26,(M) a; P.O.C. q SW COR , PARCEL"A" 5/8"ROD SOUTH 4TH STREET - - -- - -- - - - - - - - - - - - - - - - LEGEND / ♦ SECTION CORNER FOUND ' 0 FEET 200 N A SECTION CORNER SET MAG NAIL IN CC • MONUMENT FOUND SE COR NE 1/4 NE 1/4 0 5/8"RE-ROD WITH YELLOW SEC 10-83-24 1"=200 CAP#10313 TO BE SET AFTER CONSTRUCTION NOTE:INITIAL FIELD SURVEYS DONE FROM 12-06 TO 01-07. (P) PLATTED OR RECORD DIMENSION I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT (M) MEASURED DIMENSION BAND s WAS PREPARED AND THE RELATED SURVEY WORK WAS PLATTED OR PROPERTY LINE PERFORMED BY ME OR UNDER MY DIRECT PERSONAL ?y �� SUPERVISION AND THAT I AM A DULY LICENSED LAND - - - — SECTION LINE WILLIAM M. 0 SURVEYOR UN D THE LAWS OF THE STATE OF IOWA. AusnN z - — - — CENTERLINE ABANDONED 10313 DATE: RAILROAD RIGHT-OF-WAY -'WILLIAM M.AUSTIN MWA LICENSE NO.10313 u a MY LICENSE RENEWAL DATE IS DECEMBER 31,2007. CERTIFICATION COVERS THIS SHEET ONLY. lipHoward R. Green Company CITY OF AMES SHEET NO. 4685 MERLE HAY ROAD,SUITE 106 AMES PUBLIC WORKS DES MOINES,IA 50322-(515)278-2913 515 CLARK AVE. 1 OF 1 DMVVN BY: AJB JOB OATS - CAD DATE 415=07 222:26 PM dahNd6 AMES IA 50010 APPROVED: V MA JOB NUMBER 6258601 CA MM: \Npdmatl"b\CADb268BOJM"vNlabPartnanmBiB.dgn