HomeMy WebLinkAbout~Master - Electric Facilities - McDonald's Real Estate Company - Lot 1 and Lot 2, Edgewood Addition a OL
MInstrurent:2013- 00005041
0ate:ts 03t2013 10:58:18A
0 Rec Fee: 10.00 E-Coa Fee: 1.000
G Aud Fee: .00 Trans Tax:
,k— Rec Manaserent Fee: 1.00
Non-Standard Page Fee: •00
Filed for record in Story Countyt Iowa
Susan L. Vande Karpt County Recorder
Prepared by: Mark Imhoff, City of Ames Electric Engineering Division, 502 Carroll Avenue, Ames, Iowa 50010; ph. 515-
239-5175
RETURN TO: AMES CITY CLERK — BOX 811 — AMES IOWA 50010 (ENV)
CITY OF AMES
ELECTRIC FACILITIES EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That McDonald's Real Estate Company, ("Grantor") its successors and assigns, does hereby grant, bargain and convey to
the City of Ames, Iowa, a municipal corporation, ("Grantee") 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(collectively called"Utility Lines") , for the purpose of transmitting and/or distributing electric
and telecommunications in, on,through, over, under and across the following described land in the County of Story, State
of Iowa("Premises"):
DESCRIPTION:
A 10.00 foot wide electric easement over and across a portion of Lots 1 and 2,Edgewood Addition to the
City of Ames, an Official Plat, and over and across a portion of the Southwest Quarter of the Southeast
Quarter of Section 5, Township 83 North, Range 24 West of the 5t' P.M., all in Ames, Story County,
Iowa, is more particularly described as follows: Commencing at the southwest corner of Lot 1 in said
Edgewood Addition; thence NO1°36'41"W assumed for this description along the East right of way line
of Marshall Avenue as it is presently established, a distance of 241.19 feet; thence N89°17'58"E, a
distance of 125.62 feet to the point of beginning; thence continuing N89°17'58"E, a distance of 10.28
feet; thence S12°38'42"W, a distance of 13.10 feet; thence S67°04'28"W, a distance of 59.82 feet;
thence SO1°32'50"E, a distance of 35.07 feet; thence S88°27'10"W, a distance of 10.00 feet; thence
NO1°32'50"W, a distance of 41.90 feet; thence N67°04'28"E, a distance of 61.50 feet; thence
N12°38'42"E,a distance of 5.59 feet to the point of beginning.
together with (a) the right, privilege and authority to trim, cut and remove from said Premises any trees, overhanging
branches or other natural 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 reasonably
necessary or useful for the enjoyment of the easement herein granted, and (c) all other rights, easements, privileges and
appurtenances,in or to said Premises,which may be reasonably 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 warrants that it has 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,its 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. Notwithstanding the foregoing,Grantee acknowledges and approves that the Utility Lines
will cross Grantor's drive-thru area between Grantor's order canopy points and Grantor's cash present window.
Grantee will perform any work related to the Utility Lines and Premises in a manner that will not unreasonably interfere
with the operations of Grantor's business and except in the case of an emergency will use commercially reasonable efforts
to provide Grantor at least 10 days written notice before Grantee performs any work.
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 Oak Brook,Illinois,this 2nd day of April,2013.
(3 ; 5 ` r Mob �- `5 Cbr 1
McDonald's Real Estate Company ,o. b0AAware Corv4car\
r
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
STATE OF r LL i cv c i`S )
COUNTY OF DupA,6- ) ss: INDIVIDUAL
CORPORATE
On this �_ day of Rpri A.D. 20 h3 Title(s)of Corporate Officer(s):
before me, the undersigned, a Notary Public in and for said
State, personally appeared
s ' r c Corporate Seal is affixed
f No Corporate Seal procured
a f c .J 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:'& r Ln
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 instrument. List name(s)of person(s) or entity(ies)
VA��S.cJ (sign in ink) �1J�,n�n� �'� as dt.tr�
1.1,Ue hhe,-N(c.e.r, rint/type name)
Notary Public in and for the Stat of l LLt(V 1cA%`
(Notary Seal)
OFFICIAL SEAL
MICHELE M LECHTENBERG
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:02/24/16
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