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Home My WebLink About~Master - Public Utility Easement - 5719 East Lincoln Way, Parcel 7 Instrument 0: 2019-02437 04/09/2019 09:24,22 AM Total Pages: 10 EASE EASEMENTS Recording Fee: $ 52.00 Stacie Herridge, Recorder, Story County Iowa I I I I A'I'l IF,IMM Nr� H10ho10: PUBLIC UTILITY EASEMENT Recorder's Cover Sheet Preparer Information: A& R Land Services Ryan K. Gurwell, Project Manager 1609 Golden Aspen Dr., Ste. 104 Ames, IA 50010 Return Document To: City of Ames, Iowa Diane Voss, City Clerk 515 Clark Avenue Ames, IA 50010 Grantor: Justin Ryan Block and Abigail Jeen Root-Block f/k/a Abigail Jeen Root, husband and wife,as joint tenants with full rights of survivorship and not as tenants in common Grantee: City of Ames, Iowa PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, JUSTIN RYAN BLOCK AND ABIGAIL JEEN ROOT- BLOCK F/K/A ABIGAIL JEEN ROOT, HUSBAND AND WIFE, AS JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON, (hereinafter referred to as the "Grantor"), in consideration of the sum of One Dollar($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF AMES,IOWA, a municipal corporation(hereinafter referred to as "the City"), a permanent and perpetual non-exclusive Public Utility Easement(hereinafter referred to as "Easement(s)") and right-of-way upon, over, under, through and across the real property legally described as: See Exhibit A, attached hereto and made a part hereof. 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating Public Utilities defined as those utilities established, formed, acquired, owned, or operated by the City of Ames, including but not limited to, electrical, natural gas, telephone, cable television utility services, and data transmission utility services and to permit and allow the City to enter at any time upon, over, under, through, and across into said Easement(s) herein described to use as much of the surface and sub-surface thereof to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair(including the right to place and build said utility therein or to connect and/or join said utility and appurtenances thereto) and to forever maintain utilities whenever necessary within the Easement(s) granted herein. No structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. However, the City of Nevada. Iowa currently owns a raw well line within the Easement, and other utilities are herebti restricted from being installed within five (5) feet of said raw well line. 3. Maintenance. The City agrees, after entry, as part of the construction, reconstruction, maintenance, replacement, location, rebuilding, enlargement, repair and patrolling of the utilities,to restore and replace the Easement area(s)to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor(s), including sodding or seeding if it is a landscaped area and the City shall be required to repave if the Easement crosses a paved area such as a sidewalk or a driveway, except the City shall not be required to replace landscaping,trees, shrubs,bushes, landscape elements, structures, or underground water systems nor shall the City be required to restore the Easement area by reason of settlement,depression, or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area; and subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor's sole expense. 4. Right of Access. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5. Hold Harmless. The Grantor agrees to indemnify and hold harmless the City, its elected officials, employees, officers, agents, representatives, contractors, and attorneys from and against any and all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of an) kind for actions or omissions of the Grantor arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6. Running of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Grantor including, but not limited to, future owners, developers, lessees or occupants. All provisions of this instrument including benefits and burdens, run with the land are binding upon and inure to the heirs assigns, successors, tenants and personal representatives of the parties hereto. 7. Jurisdiction and Venue. The City and the Grantor agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Story County, Iowa. - 3 - 8. Words and Phrases. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context. 9. Parties. The term "City" as used herein shall refer to the City of Ames, Iowa, its elected officials, agents, employees, officers, and contractors. The term "Grantor" shall refer to Justin Ryan Block and Abigail Jeen Root-Block f/k/a Abigail Jeen Root, husband and wife, as joint tenants with full rights of survivorship and not as tenants in common, their heirs, assigns, successors-in-interest, or lessees, if any. 10. Attorney's Fees. The City may enforce this instrument by appropriate action, and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incurred in such litigation. 11. Integration. tion. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12. Paragraph Headings. The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with, the interpretation of this Agreement. Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real estate described in this Easement Area by title in fee simple; (ii) that Grantor has good and lawful authority to convey the same; and (iii) said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. -4 - Signed this day of ruu- , 20f. Accepted on behalf of the CITY FAMES A Justin an Bl John A. Haila, Mayor Attest: s x 9J Abigail Jeen Root-Block f/k/a Abigail Jeen Root Diane Voss, City Clerk, h STATE OF IOWA ) SS y COUNTY OFf/Mry ) This record was acknowledged before me this .2d day of/'4h e^jak 20&, by Justin Ryan Block and Abigail Jeen Root-Block f/k/a Abigail Jeen Root, husband and wife, as ioint tenants with full rights of survivorship and not as tenants in common. BRIAN T.JENNINGS on Number 776204 �qy Commissian Expires ign f N is ber 18, 2078 STATE OF IOWA ) ) SS COUNTY OF STORY ) On this day of , 20-f-k,before me,the undersigned, a Notary Public in and for said County and the tate of Iowa, personally appeared John A. Haila and Diane Voss,to me personally known,who being by me duly swom, did say that they are the Mayor and City Clerk of the City of Ames, Iowa, a municipal corporation, executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Ames, by it and by them voluntarily executed. :' AMY L. COLWELL aP 'Commission Number 81213 ow My I mm- wires Notary P 'c in and for the State of Iowa - 6- EXHIBIT A LEGAL DESCRIPTION Part of the following described real estate, more particularly described on the Public Utility Easement Exhibit attached and made a part hereof. Beginning at a point on the South line of Section 4, Township 83 North, Range 23 West of the 5th P.M., Story County, Iowa, a distance of 861 feet West of the South Quarter Comer of said Section 4, thence continuing West along said South line 179 feet, thence North 197 feet, thence East 179 feet, thence South 197 feet to the point of beginning. - 7- EXHIBIT 'A' PREPARED FOR: PARCEL #1004500450 CITY OFAMES CI AMES GI PUBLIC UTILITY N HALL 515 GLARK AVE. AMES, IO 4A 50010 EASEMENT EXH I B I T PROPERTY OWNERS: PART OF 5AI/4 5WI/4, SECTION 04-53-23 -U5TIN RYAN BLOCK LINGOLN HIGHWAY 4 ABIGAIL -EEN ROOT 58321 LINCOLN HIGHWAY AMES, IOWA NEVADA IA 50201-1556 LEGAL DESCRIPTION: PROPERTY WARRANTY DEEP - INSTRUMENT#2009-OOOI2615 SURVEY PLAT - INSTRUMENT #06-119 S CERTIFIED FIELD NOTES BOOK 8, PAGE 245 BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 4,T0144544IP 83 NORTH, RANGE 23 PEST OF THE 5TH PM, STORY COUNTY, IOWA, A DISTANCE OF e61 FEET WEST OF THE SOUTH 6VARTER C.OFER OF SAID SECTION 4, THENCE CONTINIING WEST ALONG SAID 50VFH LINE I'19 FEET, THENCE NORTH 191 FEET, THENCE EAST 1'19 FEET, THENCE SOUTH IcH FEET TO THE POINT OF BE6INJIN5. LEGAL DESCRIPTION — PUBLIC UTILITY EASEMENT THE NORTH 25.00 FEET OF THE SOUTH 15.00 FEET OF THE SURVEY PLAT RECORDED IN INSTRUMENT #06-71cl AND CERTIFIED FIELD NOTES BOOK 8, PAGE 245 AT THE STORY COUNTY RECORDER'S OFFICE, OF THE 504 5NY4 OF SECTION 04, TOWNSHIP 63 NORTH, RANGE 23 NEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IONA AND GONTAININ6 4,4?5 5WARE FEET MORE OR LESS. CERTIFICATION NOTES I. TH15 PARGEL MAY BE 51,15..EGT TO 11AT TM`'I.+ro S.a�rms EASEMENTS OF RECORD. NO TITLE NORK ..,,"„ DLYAlB1f wxs PfJ�Att®Aro T�reearT®�Y ,, rorx NAs p�Eaa®1?K NE are IIO9t nr vrQcr WA5 PROVIDED OR PERFORMED BY TH15 8```,•Y.••. rQtSarVl .vo IINT I IJ1 A ULY _ 6" • �raer.,.m prearedgwL ura srmeroa uom ne SURVEYOR. JEFFREY A '- IAYB a►TIE•9T ofY` = yy� CADDIS :"�_ J..q 1q]019 :S: ND.IeeM DATE 1B3B7 �; �/,jp50ELe�191.2020 5 '.Y'•. .•'O P OR 91Q15 it e w iNs YAL. - ..., 5lff75 I-9 LEGEND PROPOSED EASEMENT AREA I.P. IRON PIPE s PROPERTY LINES I.R. IRON ROD — — LOT LINES P.O.G. POINT OF COMMENCEMENT — — SECTION LINES P.OB. POINT OF BESINNIN6 EA5ENENT LINES IN5T.XXX COUNTY RECORDER IN5TR1J-ENT A FOUND SECTION CORNER CFN COUNTY RECORDER CERTIFIED FIELD NOTES Q SET SECTION CORNER BK. XX,PG.XX COUNTY RECORDER BOOK 6 PAGE • (5/6' I.R W/BLUE GAP•16361) M. MEASURED BEARING 4 015TANGE FOUND PROPERTY CORNIER SET 3h' IR W/BLUE GAP•1838I P. PREVIOUSLY RECORDED DEARING NC t 015TAE FOUND RIGHT-OF-WAY RAIL D. DEED BEARING DISTANCE ADDRESS 3 ■CEC Civil Engineering Consultants, Inc. FRATE, 29 2019 OF 3 2400 86th Street.Unit 12 Des Moines.Iowa 50322 Hlm �-,515.276.4884 . Fax.515.276,7084 . mailCakeclaccom .1 �.� yqG E-7881 LL W 6 EXHIBIT 'A' PARCEL #1004500450 PUBLIC UTILITY EASEMENT EXHIBIT PART OF 5WI/4 5WI/4, SECTION 04-85-25 LINCOLN HIGHWAY AMES, IOWA DK I I \\DK \DK y BLOar JSTIN Wm iii"� 3811 LINCOLN HKIIVFY NEVADA IA'!O�OFTEL6 WJII1 O® b,91,RS PLAT (G41 BIC P6.21 v _ (R6T L"xSIIN (AR2 O'I,MrON 25,00,PUBLIC 2500'PUBLIC UTILITY EASEMENT UTILITY EASEMENT 2000 FERMAMENT UTILITY EASEMENT 25.00'&A5 ONST.q5-05011) MAIN EASEMENT 'ISfTO I P&237 MISL) v 86100, o QK644A�11L _— (FUEILIG) LINGOLN HIGAY 2662.56' HW 5E CORNER SEc.05-83-23 •' J� \DK AGNAIL S CORNER i M CORNER w SEG.04-6320 }TS ,II�A SEG.0 c ■CEC NORTH SCALE: "=200' \I SST m � � � 2 Civil Engineering Consultants, Inc. O' 2001 400 w DATE: Januarg 29 2019 OF 3 2400 86th Street, Unit 12 . Des Moines,Iowa 50322 DESIGNED BY: JA6 c 515,276.4884 . Fax 515.276.7084 . maitr ceclaccom DW4VN BY, JAG -7bb a EXHIBIT 'A' PARCEL #1004500450 PUBLIC UTILITY EASEMENT EXHIBIT PART OF SWI/4 SWI/4, SECTION 04-&5-25 LINCOLN HIGHWAY AMES, IOWA l &I DK OV 58a05044"E na.00' P 2000'PERMANENT I O UTILITY EASEMENT (INST.q5-O501Z r 2D0'6 25D0'6A5 5 MAIN CIA5 AS NT MAIN EASEMENT UJ I (BK.42,P6.251 MISG) I ( 42,Pfa.23l MISG) 20D0'PERMANENT I -� � EASEMENT25D0'PUBLIC O I 20D0'PERMAIENT UTILITY EA5f31@fT UTILITY EASEMENT 6 UTILITY EASEMENT UNIT. 10 — o p— (INST.q5-050II) IOODO'RDA-0 o EASEMENT U1 E 2 $$ I N I� NBc1°50'45"w IlcWO' PUBLIC UTILITY EASEMENT g $ LINCOLN HIGHWAY 4,415 SQUARE FEET (PUBLIG) xz x w w 44p 3 ■ T NORTH ° j{J' EBY; :: �� T Civil Engineering Consultants, Inc. 0, 3 Jmu 2q 20101 OF 3 w 2400 86th Street. Unit 12 Des Moines,Iowa 50322 JAG a 111,216,4884 . Fax:511,216,1084 . mail4rceclae.con, yqG E-7PJ(31 w a