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Home My WebLink AboutA001 - Easement Grant dated August 28, 2014 - Superseded by Easement Grant dated August 20, 2015 INSTRUMENT PREPARED BY: David W.Benson, 1416 Buckeye Ave.,Ames IA 50010(Tel:956-3900 RETURN DOCUMENT To: Ames City Cleric,P.O.Box 811,Ames IA 50010 EASEMENT GRANT KNOw ALL PERSONS BY THIS INSTRUMENT: That the undersigned, E-M HUNZIKER, LLC, an Iowa limited liability company, 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 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 Areas to construct, reconstruct, cover over, clean up, operate, use, maintain and repair the systems described for the uses set forth hereinafter over, upon, across and under the Easement Areas. The Easement Areas, shown graphically on attached Exhibit 1, are located on Parcel AY as shown on that Plat of Survey filed in the office of the Recorder of Story County, Iowa on June 2, 2014, as Instrument Number 2014-04095, in Slide 484 at Page 5. The Easement.Areas are as follows: For use in distributing electricity and such other general utilities as may be distributed under franchise of the City of Ames, Iowa: The real property shown on Schedule"A"attached hereto and by this reference made a part hereof. For use of a sanitary sewer system: The real property shown on Schedule"B" attached hereto and by this reference made apart hereof. For use of a water main system: The real property shown on Schedule "C" attached hereto and by this reference made apart hereof. 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 Areas 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 the Easement Areas to prevent damage to a utility service line of the Grantee located within the Easement Areas. 2. SEEDING. Immediately following construction,reconstruction or repair work by the Grantee within the Easement Areas, 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. 4. TITLE WARRANTY. The Grantor warrants to the Grantee that the Grantor holds the Easement Areas by title in fee simple;that the Grantor has good and lawful authority to grant the easement rights herein provided for;and that the Easement Areas are free and clear of all liens and encumbrances except as may be described in the Mortgagee's Subordination attached hereto. 5. 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, being all of the members of E-M Hunziker, LLC,have executed this instrument on ,2014. E-M 1:1 LLC By Dean A.Hunziker,Member' By _ B GaryT #uoiker,TrAtee Jon E. unziker,Trustee of the Gairy4.Hunziker Revocable of the Jon E.Hunziker Revocable Trust Trust STATE OF IOWA, COUNTY OF STORY, SS: This instrument was acknowledged before me on pmlut7k 2014, by Dean E. Hunziker, Gary J. Hunziker, Trustee, and Jon E. Hiumiker, Trustee, on behalf of E-M Hunziker, LLC. Ou e Notary Public CHARLES E.WINKLEBLUX _ 0a melssion Number 747077 ! M I ion Expires OYir - 7t91 fe 2 SCHEDULE"A" Electrical and General Utility Easement A strip of varying width lying within Parcel AY of Lot 20 and the South 22 feet of Lot 19 in Cayler's Second Addition to Ames, Story County, Iowa, and part of the Northeast Quarter of the Southwest Quarter of Section 11, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, said strip being more particularly described as follows: Beginning at the Northeast Corner of said Parcel AY; thence S00°32'30"E, 5.00 feet along the East line thereof; thence S89129'23"W, 235.41 feet; thence S44°29'23"W, 2.93 feet; thence S00°30'44"E, 32.54 feet; thence N89°27'30"E, 3.50 feet; thence S00°32'30"E, 17.00 feet; thence S89°27'30"W, 17.00 feet; thence N00°32'30"W, 17.00 feet; thence N89027'30"E, 3.50 feet; thence N00°30'37"W, 31.69 feet; thence N44029'23"E, 11.21 feet to the North line of said Parcel AY; thence N89°29'23"E, 239.55 feet to the point of beginning, containing 1843.26 s.f.; and The East 10 feet of said Parcel AY. SCHEDULE"B" Sanitary Sewer Easement Sanitary Sewer Easement#1: A strip of land 10.00 feet in width lying within Parcel AY of Lot 20 and the South 22 feet of Lot 19 in Cayler's Second Addition to Ames, Story County, Iowa, and part of the Northeast Quarter of the Southwest Quarter of Section 11, Township 83 North,Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, said strip being situated 5.00 feet on each side of the following described centerline: Beginning at a point on the southerly line of said Parcel AY which is 140.87 feet West of the Southeast Corner thereof; thence N37°22'07"E, 66.76 feet; thence N00°32'30"W, 223.97 feet, and there terminating, containing 2907.33 s.f. Sanitary Sewer Easement#2: A strip of land 20.00 feet in width lying within Parcel AY of Lot 20 and the South 22 feet of Lot 19 in Cayler's Second Addition to Ames, Story County, Iowa, and part of the Northeast Quarter of the Southwest Quarter of Section 11,Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, said strip being situated 10.00 feet on each side of the following described centerline: Beginning at a point on the southerly line of said Parcel AY which is 161.69 feet West of the Southeast Corner thereof; thence N65°3659"W, 410.40 feet to a point on the west line of said Parcel AY, and there terminating, containing 8207.93 s.f. 3 SCHEDULE G°C" Water Main Easement A strip of land 10.00 feet in width lying within Parcel AY of Lot 20 and the South 22 feet of Lot 19 in Cayler's Second Addition to Ames, Story County, Iowa, and part of the Northeast Quarter of the Southwest Quarter of Section 11,Township 83 North.,Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, said strip being situated 5.00 feet on each side of the following described centerline: Commencing at the Northeast Corner of said Parcel AY; thence following the East line thereof S00°32'30"E, 81.72 feet; thence S00°20'53"E, 44.64 feet to the point of beginning; thence S89°23'28"W, 95.79 feet; thence S00°36'32"E, 45.47 feet, and there terminating, containing 1412.55•s.f. 4 is S44'29'23"W BAR LOT 2.93' N89'29'23"E 239.55' NE CORNER PARCEL AY N44'29'23"E S89'29'23"w 235.4i' S00'32'30"E 11.21' 5.DO' - - - - - - - - - - - -No0'3o•3J".W _ s00*30.44"E - - - - - - - -EL-ECTRIG - - - - -W _ - - - - - - - - - 31.69, 3�.6``4' EASEMENT N89.27'30'E NB9'27'30"E 1843.26 S.F. n 3.50' 3.50' 0.04 ACRES m LOT 20 N00'32'30"W BOD'000"E n o MOO' iNER S89 27.30"w WATER MAIN _ 17_00' - _ EAS_EM_ENT _ 5E CORNER - - - - - - - - - - - - LOT20 N. LINE SW1/4 SEC. 11-63-24 1412.55 S.F. 0.03 ACRES S89.23'2B"w o 50 44 64' .tav cu 95.79' v 01 PARCEL AY of SO 45,47 2..E �5 • , g�0 N00'32'30"4t LU • 6A2�� 223.97' Z v1 W I 9 SANITARY SEWER -< `" N EASEMENT #1 j w 2907.93 S.F. LL' N6 ' 0 LL 420.40 .07 ACRES :3 - - - - - - - 10.40 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C3 SANITARY SEWER EASEMENT #2 io U) 8207.93 S.F. ACCESS 0.19 ACRES � EASEMENT pME 3012.86 S.F. 0.07 ACRES N37.22'07"E 66.76' N89'27'37"E 492.9 S00'20'53"E N00'29'57'w 3 4.00' 389'27'37"W 406.17' S'LY LINE PARCEL AY � 16.00' SOO*20'53"E -- �q-- -- 589'27'37"W 86.74' i2��'� rA• �x I x'40 PARCERNEAR "�10WE PROPERTY" 6� B e� (STA. 0+00) 9 Certification: I hereby certify that this land surveying pLEY PT. PARCEL AY document was prepared and the related survey work was performed OQPSCENSTG� by me or under my direct personal supervision and that I am a Q, o mo duly licensed Land Surveyor under the laws of the State of Iowa. 17161 'HIC SCALE 1"=60 ' I o je Date: R. Bradley Stumj§o L'cense #17161 Iowa 60 120 My license ren wal date is December 31, 2015 tpN4L LpN� Job #9724EASE Date: 8/08/14 Page 1 of 1