HomeMy WebLinkAbout~Master - Electrical Facilities - Clinic Building Company - Lot 7 through Lot 13, Block 8, Duff's Addition /.� Instrurent:2013- 0OW7132
1 h Date:Jun 19►2013 10:36:13A
YFiled
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for record in Storg County, Iowa
Susan L. Vande Keep, County Recorder
INSTRUMENT PREPARED BY: David W.Benson, 1416 Buckeye Ave. Ames IA 50010 Tel:956-3900
: David W.Benson 1416 Buckeye Ave. Ames IA 50010
RETURN TO: AMES CITY CLERK — BOX 811 — AMES IOWA 50010 (ENV)
ELECTRICAL FACILITIES EASEMENT
KNOW ALL PERSONS BY THIS INSTRUMENT: That CLINIC BUILDING COMPANY,
INCORPORATED, hereinafter referred to as the GRANTOR, for good and valuable
consideration, does hereby grant unto the CITY OF AMES, IOWA, a municipal corporation, its
successors, licensees, lessees, and assigns, hereinafter referred to as the GRANTEE, upon the
conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as
the Easement Area 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 in, on, through,
over,under and across the Easement Area. The Easement Area is described on attached Exhibit
"A"; and graphically represented on attached Exhibit`B".
f Paa) The foregoing rights are granted by the Grantor and shall be accepted and exercised by
the Grantee subject to the following terms and conditions:
1. OBSTRUCTIONS PROHIBITED. The Grantor, as the fee simple owner of the
underlying real estate,and the Grantor's successors and assigns, shall not erect or place within the
Easement Area any building or other structure or improvement or any trees, shrubs or other
landscape plantings other than grass or comparable ground cover except with the prior written
consent of the Grantee. The Grantee shall have the right to trim or remove trees and shrubs
within ten (10) feet from the electrical lines or poles, wires, and fixtures, as located in the
Easement Area to prevent damage to a utility service line of the Grantee located within the
Easement Area. The Grantee shall have the right of ingress and egress to, from and over the
Easement Area for exercise of Grantee's rights under this Agreement.
2. SEEDING. Immediately following construction,reconstruction or repair work by
the Grantee within the Easement Area, weather and season permitting, ground area with
previously existing grass cover that is disturbed by such work shall be planted with grass seed in
accordance with customary methods of soil preparation and planting by the Grantee.
3. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument
to the Grantee are nonexclusive. This instrument shall not preclude the Grantor from granting
similar easement rights to third parties upon terms and conditions that do not impair or diminish
the rights granted under this instrument to the Grantee.
(Legal Description on page 3)
4. TITLE WARRANTY. The Grantor warrants to the Grantee that the Grantor holds
the Easement Area by title in fee simple; that the Grantor has good and lawful authority to grant
the easement rights herein provided for.
5. ASSIGNMENT BY GRANTEE. The Grantee shall have 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.
6. CONSTRUCTION. Words and phrases used in this instrument shall be construed
as in the single or plural number, and as masculine, feminine or neuter gender, according to the
context. This instrument shall be governed exclusively by and construed in accordance with the
laws of the State of Iowa.The paragraph headings in this instrument are for convenience only and
in no way define or limit the scope or intent of any provisions of this instrument.
IN WITNESS WHEREOF the undersigned has executed this instrument on
c.«-u 10 4-h 92013.
CLINIC BUILDING COMPANY,INCORPORATED
By 1Z f
B , r Aident
Byw->r-�—
Jam7e!p6hrmann,Treasurer
STATE OF IOWA,COUNTY OF STORY, SS:
This instrument was acknowledged before me on Ju-ry- 10 , 2013, by
Bradley R. Nau and James Dohrmann as President and Treasurer of Clinic Building
Company, Incorporated.
Notary Public
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EXHIBIT"A"
ELECTRICAL FACILITIES EASEMENT-
CLINIC BUILDING COMPANY,INCORPORATED TO CITY OF AMES,IOWA
AN ELECTRICAL EASEMENT 15 FEET IN WIDTH SITUATED ENTIRELY WITHIN LOT 7 THRU LOT
13, BLOCK 8, DUFF'S ADDITION,AN OFFICIAL PLAT NOW IN AND FORMING A PART OF THE
CITY OF AMES, STORY COUNTY, IOWA,ALSO KNOWN AS PARCEL'D' PLAT OF SURVEY OF
SAID BLOCK 8 DUFF'S ADDITION SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 8, BLOCK 4, A. RICHMOND'S ADDITION,
AN OFFICIAL PLAT NOW IN AND FORMING A PART OF THE CITY OF AMES, IOWA;
THENCE ALONG THE SOUTH LINE OF SAID LOT 8 S 880 24'48" E FOR A DISTANCE OF 14.46
FEET TO THE POINT-OF-BEGINNING;
THENCE N 000 26' 11"W FOR A DISTANCE OF 409.41 FEET;
THENCE S 880 43'40"E FOR A DISTANCE OF 36.25 FEET;
THENCE N 01' 16'20" E FOR A DISTANCE OF 3.32 FEET TO A POINT ON THE NORTH LINE OF
LOT 13, BLOCK 8 IN SAID DUFF'S ADDITION;
THENCE ALONG SAID NORTH LINE S 88°42'42"E FOR A DISTANCE OF 15.00 FEET;
THENCE S 01° 16 20"W FOR A DISTANCE OF 3.32 FEET;
THENCE S 88°43'40" E FOR A DISTANCE OF 65.02 FEET;
THENCE N 01° 16'20" E FOR A DISTANCE OF 3.30 FEET TO A POINT ON THE NORTH LINE OF
SAID LOT 13;
THENCE ALONG SAID NORTH LINE S 880 42'42"E FOR A DISTANCE OF 15.00 FEET;
THENCE S 01° 16'20"W FOR A DISTANCE OF 18.30 FEET;
THENCE N 880 43'40"W FOR A DISTANCE OF 115.82 FEET;.
THENCE S 000 26' 11" E A DISTANCE OF 394.48 FEET TO A POINT ON THE SOUTH LINE OF SAID
LOT 7;
THENCE N 880 24'48"W FOR A DISTANCE OF15.01 FEET.TO THE POINT-OF-BEGINNING;
CONTAINING 7,982 SQUARE FEET MORE OR LESS.
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XHIBIT
13TH STREET
ELECTRICAL EASEMENT
2011 MARY GREELEY MEDICAL CENTER ADDITION AND RENOVATION 5 H 1uC Y
1111 DUFF AVENUE AMES,NDIAIA �.
OATE 11Jffi 12 BGI.E 1•./0• A P C N t T E C:1 U P E s ii N£x[84 L($L N G
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APPROM RENSION
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