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Home My WebLink About~Master - Water Main Easement and Electrical Easement- The Preserve Ames, LLC Instrument 0: 2019-00224 01/09/2019 02:27:26 PM Total Pages: 6 EASE EASEMENTSRecord ng Fee* $ 42.06 Stacie t Herridge, Recorder, Story County Iowa mill VIIA PM,IJ11%N111 111,�I I'ILWIX F11Will 11111 SPACE ABOVE RESERVED FOR OFFICIAL USE Return document to:City Clerk,515 ClmkAvenue,Ames IA 50010 Document prepared by:Vicoria A.FeUrneyer.City ofAmes Legal Depaitment,515 CM Ave.,Ames,IA 50010—515-239-5146 Easement Know All Persons: The undersigned, The Preserve Ames. LLC, a limited liability company organized under the laws of the State of Delaware (hereinafter referred to as the"Grantor"), its successors and assigns, for valuable consideration, does hereby grant unto City of Ames. Iowa, an Iowa 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 Area for the uses set forth hereinafter over,upon,across and under the Easement Area together with a perpetual right of ingress and egress between said Easement Area from adjacent public rights-of-way. The Easement Area is a strip of land situated in Story County, Iowa, as shown on the attached Easement Plat, and described as follows: For the use of constructing, repairing, maintaining and operating a water main in, over, upon through and under the described premises as may be distributed under franchise of the City of Ames. The real property shown on Schedule A" attached hereto and by this reference made a part hereof. Grantee shall have the right within the Easement Area to construct,reconstruct,cover over,clean up, operate,use, maintain,and repair the systems described.The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions: i Obstructions Prohibited. The Grantor,as the fee simple owner of the underlying real estate,and the Grantors' 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 the Easement Area to prevent damage to a permitted improvement of the Grantee located within the Easement Area. 2 Restoration. 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. 2 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;and that the Easement Area is free and clear of all liens and encumbrances. 5 Interpretation. 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 ioL THE PRESERVE AMES, LLC By: 59z=�-0� ATURE aFF KOcF( NAME PRINTED TITLE OF AUTHORIZED SIGNER STATE OF M IV COUNTY OF KK74 ' SS.: This instrument was acknowledged before me on 514aribav 2-6 201% by Je*(Kn c / (name) as J- Ou t a ci Gam^ (title)of The Preserve Ames, LLC. 0—a-c� NOTARY PUBLIC =CNE"O'ea ,d 31,2023 Prepared by: Mark Imhoff, City of Ames Electric Engineering Division,502 Carroll Avenue, Ames, Iowa 50010; ph. 515- 239-5175 CITY OF AMES ELECTRIC FACILITIES EASEMENT KNOW ALL MEN BY THESE PRESENTS: That ((/we), 1?R441COVE A04&g Lt.L , 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 in,on,through,over,under and across the following described land in the County of Story,State of Iowa: DESCRIPTION: (See attached plat marked 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)warrants)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. 10..6 CMrf Hr Dated at Aews,.!@we,this Z'J� day of US44C+t6E1%- 120 Signature ,R/sl0, Printed Name ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF COUNTY OF ss: _INDIVIDUAL _CORPORATE On this � day o beC'em�h A.D. 20 /$ Title(s) of Corporate Officer(s): before me, the undersigned, a Notary Public in and for said State, personally appeared Y72Y7�i3e1� _Corporate Seal is affixed _No Corporate Seal procured _PARTNER(s):_Limited Partnership v 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/shetthey _Other: executed the same in his/her/their authorized capacity(ies), and that by his/herttheir 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) C- V L-, (sign in ink) L%tv Q W. (print/type name) Notary Public in and for the State of MN (Notary Seal) CarrleG. Winter Notary Public Minnesota ,,� ' `ylCff�onExpze anuary31,2023 ` EASEMENT PLAT LEGAL DESCRIPTION A PART OF LOT 15 LYING SOUTH OF WESTBROOK DRIVE AND A PART OF THE VACATED NORTH DAKOTA AVENUE RIGHT-OF-WAY IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID VACATED RIGHT-OF-WAY; THENCE SOUTH 00e20'45" EAST ALONG THE EAST RIGHT-OF-WAY LINE OF NORTH DAKOTA AVENUE, 135.09 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 85041'35" EAST, 49.32 FEET; THENCE SOUTH 04b51'14" WEST, 18.91 FEET; THENCE NORTH 85e44'02" WEST, 10.00 FEET; THENCE NORTH 04051'14" EAST, 8.91 FEET; THENCE NORTH 85040'53" WEST, 38.41 FEET TO THE EAST RIGHT-OF-WAY LINE OF NORTH DAKOTA AVENUE; THENCE NORTH 00020'45" WEST ALONG SAID EAST RIGHT-OF-WAY LINE, 10.03 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRES (578 S.F.). OWNER The Ames Preserve LLC 1964 W Wayzata Blvd Long Lake, MN 55356 LEGEND Survey Found Set I hereby certify that this Iwld surveying doanent we prepared and the reiatea survey Section Corner ♦ p wrk ws perfaraMd by ire ar uwMc W direct 7/2" Rebar, Yellow Cop #19710 personal supervision ma that I an a duly liffm veyw a er the ROW(Unless Otherwise Noted) = QQ�E551gNgt lq�o la Calculated Point + o m� 12/20/18 Platted Distance P : ERIN G. Dote Measured Bearing & Distance M _ GRIFFIN Recorded As R License Nulrber 19710 Deed Distance D 19710 My License Renewal gate is Decewer 31. 2019 Calculated Distance C Centerline —-—-—-—-—-—-- 'f IOWA * ges or Pa sheets covered by this seal: Section Line — Sheets 1 and 2 of 2 1/4 Section Line — — 1/4 1/4 Section Line — Easement Line ----- 4415 LINCOLN WAY SHEET 1 OF 2 WATER MAIN EASEMENT F 117.0507 FL BK: XX PG:XX SS N Y D E R 2727 S.W.SNYDER BLVD. DATE: 12/10/18 &A 5 S O C I AT E 5 ANKENY.IA 50023(515)964-2020 PMl1ECH:EDGISDB VBBMCt gltlY N\ReMvbWTa)-0'Al.pl,Gw\Tip9a)_11I.iu�� nunwur C1WSioMra\vnYS{¢.\swa.mwFliyv._itlA.nal..m 38.88'M&R 60.00' R.O.W. NW Corner Vacated R.O.W. NW Corner Lot 15 ~ Lying S of Westbrook Drive m 0 N N) ^� 3^rn O a;0' ,N �2tt O _v c� O '0w N,oE N� W Q'C Point of Beginning S85041'35"E N00020'45"W 10.03' — - -- SO4°51'14"W 18.91' N85°40'53"W 38.41' N04°51'14"E 8.91' N85044'02"W 10.00' W > N Q O a pT.LOT 15 Q rn 3 w gFC. g3-24 SECS O o to 0 Y> o Qo 0 � Z Z 0 O z N 0 50 SCALE (FEET) 4415 LINCOLN WAY SHEET 2 OF 2 PN: 117.0507 WATER MAIN EASEMENT FLDBK: XX PG:XX S N Y D E R 2727 S.W.SNYDER BLVD. DATE: 12/10/18 &ASSOCIATE 5 ANKENY,IA 50023(515)964-2020 PMrrECH:EDG/SDB vaswxan' war.na Wm, c. 17%19. ?.OMn 117 7-.Al�sxta� 1 wa�'x°Mll,��,m�ww,s�.vtwwmwwmvm r.ix.�m�..iu rziarzo Kive.