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Home My WebLink About~Master - Public Utility Easement - 5501 East Lincoln Way, Parcel No. 8 Instrument N: 2019-02433 04/09/2019 09:24 22 AM Total Pages: 10 EASE EASEMENTS Recording Fee: $ 52.00 Stacie Herridge Recorder, Story County Iowa mill W11114 NY,II PUBLIC UTILITY EASEMENT Recorder's Cover Sheet Preparer Information: A& R Land Services Ryan K. Gutwell, 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: Dwight L. Kramer and Zoeann K. Kramer, as Trustees under the Dwight L. Kramer Revocable Trust Agreement Dated April 12,2017(1/2 Interest)and Zoeann K. Kramer and Dwight L. Kramer as Trustees under the Zoeann K. Kramer Revocable Trust Agreement Dated April 12,2017(1/2 Interest) Grantee: City of Ames, Iowa PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, DWIGHT L. KRAMER AND ZOEANN K. KRAMER,AS TRUSTEES UNDER THE DWIGHT L. KRAMER REVOCABLE TRUST AGREEMENT DATED APRIL 12,2017(1/2 INTEREST) AND ZOEANN K. KRAMER AND DWIGHT L. KRAMER AS TRUSTEES UNDER THE ZOEANN K. KRAMER REVOCABLE TRUST AGREEMENT DATED APRIL 12, 2017(1/2 INTEREST), (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 wTitten consent of the City. However, the City of Nevada, Iowa currently owns a raw well line within the Easement, and other utilities are hercbv 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 any 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. Runnine 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 Dwight L. Kramer and Zoeann K. Kramer, as Trustees under the Dwight L. Kramer Revocable Trust Agreement Dated April 12, 2017 (1/2 Interest)and Zoeann K. Kramer and Dwight L. Kramer as Trustees under the Zoeann K. Kramer Revocable Trust Agreement Dated April 12, 2017 (1/2 Interest), 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. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in Meriting 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 7u%ay of , 20 tj�. DWIGHT L. KRAMER REVOCABLE TRUST AGREEMENT DATED APRIL 12,2017 AND ZOEANN K. KRAMER REVOCABLE TRUST AGREEMENT DATED Accepted on behalf of the APRIL 12,2017 CITY OF AMES ti.c�J Kra r, Trustee John A. Haila, Mayor Attest: (::*nn K. Kramer, Tr stetl e Diane Voss,City Clerk STATE OF IOWA ) ) SS COUNTY OF This record was acknowledged before me this 1�day 2V�r by Dwight L. Kramer and Zoeann K. Kramer, as Trustees under the Dwight L. Kramer Revocable Trust Agreement Dated April 12. 2017, and Zoeann K. Kramer and Dwight L. Kramer as Trustees under the Z"oeann K. Kramer Revocable Trust Agreement Dated April 12, 2017. qy, BRIAN T.JENNINC3 F oommission Number 776204 Mmmssb ,Expires DC ember n 2018 ure of Notary Public STATE OF IOWA ) ) SS COUNTY OF STORY ) On this day of �I 20-\S'�\before me,the undersigned, a Notary Public in and for said County and the State 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. ! AMYL. COLWELL Commission Number ai ma ,, My mee+on otary P lic .n 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 the Southwest Quarter of Section 4, Township 83 North, Range 23 West of the 5th P.M., Story County, Iowa, 609.9 feet East of the Southwest Comer of said Section 4, thence North 0°57' East 353.3 feet, thence South 88°37' East 193.2 feet, thence South 0°57' West 83.68 feet, thence South 0°37' East 264.3 feet, thence West 200.4 feet to the point of beginning. - 7- EXHIBIT 'A' PREPARED FOR: PARCEL #10045005-T5 61TY OF ANTES PUBLIC UTILITY ANTES CITY HALL 515 CLARK AVE. AMES, IOWA 50010 EASEMENT EXHIBIT PROPERTY ONPIERS: PART OF SWI/4 5l^41/4, SECTION 04-55-25 DWIGHT L KRAMER REVOCABLE TRUST "ETAL" LINGOLN HIGHWAY 58135 LINCOLN HICMWAY NEVADA IA 5 02 01-18 51 AMES, IOWA LEGAL DESCRIPTION: PROPERTY WARRANTY DEED - IN5-rFal ENT a 2011-05614 BEGINNING AT A POINT ON THE SOUTH LINE OF THE 5OUTHNE5T QUARTER OF 5ECTION 4, TOP+5HIP 83 NORTH, RANGE 23 NUT OF TI-E 5TH P.M., STORY COUNTY, IOWA, 6061A FEET EAST OF THE 50UT14"E5T CORNER OF SAID SECTION 4, THENCE NORTH 00°51' EAST 353.3 FEET, THENCE SOUTH 88"377' EA5T 143.2 FEET, THEIrE SOUTH 0°57' WE5T 83b8 FEET, THENCE SOUTH 0°31' EAST 264.3 FEET, THENCE NUT 200.4 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION — PUBLIC UTILITY EASEMENT THE NORTH 25.00 FEET OF THE SOUTH 15.00 FEET OF THE PROPERTY RECORDED IN INSTRUMENT #2011-05614 AT THE STORY COUNTY RECORDERS OFFICE DESCRIBED AS BEGINNING AT A POINT ON THE SOUTH LINE OF THE 501.rTHNEST QUARTER OF SECTION 4, TOWNSHIP 83 NORTH, RANGE 23 WE5T OF THE 5TH P.M., STORY COUNTY, IOWA, 609.9 FEET EAST OF THE 5OUTHWE5T CORNER OF SAID SECTION 4, THENCE NORTH 00"5l' EAST 353.3 FEET, THENCE SOUTH 88'31' EAST 1932 FEET, THENCE SOUTH 0°51' WE5T 83.68 FEET, THENCE SOUTH 0"3l' EAST 264.3 FEET, THENCE 1,-E5T 200.4 FEET TO THE POINT OF BEGINNING AND CONTAINING 4,969 SQUARE FEET MORE OR LESS. CERTIFICATION NOTES I. THIS PARCEL MAY BE 51JB..ECT TO I�T calrtPr nNr Tt115 IJfDYn+b EASEMENTS OF RECORD. NO TITLE WORK DOCJ,l6tf K46 Pf pA AID T1E I�AT®511iFET LAAf)° iw' tyofacws Wmm W o T WAS PROVIDED OR PERFORMED BY THI5 •• , f860N�L AID TINT AMA CITY tJfBB® WD51RV2YOR uom r,t SURVEYOR. ryry 1A16 OF ilE 7 Q Jw h vg GADDI ]Oq GPODIS ;'ooff OAT! TE Mr OEGBL82 01,1iYJD OW P,a 5HEEM I-5 LEGEND PROPOSED EA5EFIENY 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 BEGINNING = EASEFENT LINES INST.XXX COUNTY RECORDER INSTRUMENT s - FOUND SECTION CORNER CFN COUNTY RECORDER CERTIFIED FIELD NOTES Q SET SECTION CORNER BK. XX,PG.XX COUNTY RECORDER BOOK ! PA&E • ('W8' I.R 144%-LE CAP#18381) M. MEASURED BEARING ! DISTANCE FOUND PROPERTY GORIER SET%' IR. {/BLUE CAP#18551 P. PREVIOUSLY RECORDED BEARING ! 015TAN-E JL FOUND RIGHT-OF-KAY RAIL D. DEED BEARING ! DISTANCE ADDRESS SHEET ■CEC Civil Engineering Consultants, Inc. u DATE, J=iartj 29 2019 OF 3 2400 86th Sheet Unit 12 Des Moines,Iowa 50322 DESIGNED BY. JAG 515.276.4884 . Fax 515.276.7084 . mail(ulceclac.com V AkN BY, EXHIBIT 'A' PARCEL #1004500575 PUBLIC UTILITY EASEMENT EXHIBIT PART OF 5l^41/4 5WI/4, SECTION 04-55-25 LINCOLN HIGHWAY AME5, IOWA I wl z z Q U DK �I ��\\ A1131 W00'RO.K EASe45tr I 45.00'M. 4 D. (INST 01-06221) w,6Nr L R CC.44 E, T ETAL' = xee LMLOLN 146IYIAY N ADA IA 50"-1651 (YV36GWIY 0 MST.MI14.614) F 25DO'&AS MAIN EASEMENT I - Or—42,P6.231 MISO 2500,&A5 �L EASEMENr 2500'R1BLIc ' (BK.42, (INST.95-0�.�OII) UTILITY EASE-877 pt5.231 MISW 052.201 —sea^So'43"E LINCOLN HIGHWAY 2662.56' Icy TSDO' c MKaNAIL u SEC.05-63-23 I MA6NAIL 504 CORNER 94 CORNER 515C.04-W-23 I SEC.04-83-23 5 ■ T NORTH SHEET SCALE: "=200' Civil Engineering Consultants, Inc. 0 200 400' DATE: -Imuorg 29 2019 OF 3 2400 86th Street.Unit 12 . Des Moines,Iowa 50322 DESIGNED BY: JAG 515.276.4884 . Pax:515.276.7084 . mail(alceclac.com DR,41,.8,1 BY, EXHIBIT 'A' PARCEL #10045003-75 PUBLIC UTILITY EASEMENT EXHIBIT PART OF SWI/4 SWI/4, SECTION 04-83-25 LINCOLN HIGHWAY AME5, IOWA DK EWI N L 151Nd6!fBVQA' $E TRUST EfAL'H L 6/9 . SEHS aCOLN 6 Y ICVA A IA 50201-1M1 (HAARAMY D®MT.20n0.6'W 558°2'1'43'E 193.20' Om oQ J5 JY Vp 25G0'6A5 LLJ I MAIN EASEMENT r (DK.42,P6.23T Ml5r) 20A0'Pr3t14ANEN7 ' I W 25.00'6A5 UTILITY EASEM� T O tt1 HAIN 5& V W— FA5B 87T — Z MAIN EASEMENT r-tT (BK 42, — (INST.95-0`All) (EK,42,P6.231 M15G) N P6.29l MIS,-) a 6'x b' w ewsnN 25.00'PiBLIG O tV sA a b PEaaE EA:�e-erT urlurY EasE�rr r• 2oDo'PL�MArENr s (MST.205-OOOOMO � �� 75.00, unurr EASIEtL r < MOT.20e-aOOO55a ) (INST.45-055011) g 0 Q 1 3 � •' 1 f 200.47' LINGOLIIOG Y HWA r ��9 PUBLIC UTILITY t ,pp EASEMENT ��5 �� 4,969 SaUARE FgT 6 3 ■C T{L� ' C NORTH SCALE: "=400' 5►EET Civil Engineering Consultants, Inc. 0 400, e00' DATE: Jc 29 2019 OF 3 2400 861h street Unit 12 Des Moines,Iowa 50322 pE516NED BY: JAG 515.276.4884 . Fae:515.276.7084 . mailnceelac.com DRAVU4 BY: -IDS