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Home My WebLink About~Master - Pulic Utility Easement - 59511 Lincoln Highway - Ames East Industrial Sewer, Pracel 6 Instrument N: 2019-02435 04/09/2019 09:24:22 AM Total Pages: 9 EASE EASEMENTS Recording Fee: $ 47.00 Stacie Herridge, Recorder, Story County Iowa P& IMM4w1iIMWWittL0,1111IIII 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: Lincolnway Energy, LLC Grantee: City of Ames, Iowa PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, LINCOLNWAY ENERGY, LLC, an Iowa limited liability company, (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 hereby 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. Rieht 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 Lincolnway Energy, LLC, 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. Parag_raph 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. Signed this X 'day of OG44p--� 20_ff . -4 - Accepted on behalf of the LINCOLNWAY E GY,LLC CITY OF AMES Eric Hakmiller, John A. Haila, Mayor President and Chief Executive Officer Attest: nn nn ^ -41 t. .e Diane Voss, City Clerk J . �I1 y STATE OF IOWA ) SS COUNTY OF 5.�) On this day of OCOQ!6 y 20 (�, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared Eric Hakmiller, to me personally known,who being by me duly sworn, did say that that person is President and Chief Executive Officer of the corporation executing the foregoing instrument; that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured by the corporation) and that the instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; that Eric Hakmiller acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. f`. BZn T,JENNINGS FNumber 776201 mmission ExWres of Pu is in and for the State of Iowa mber 18, 2018 - 5 - STATE OF IOWA ) ) SS COUNTY OF STORY ) On this �day of . �(tv-N"C" u 20_FA , 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 sworn, 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 Commission Number 812138 ow MY mission: tree L„ Notary P 11 in and for the State o owa -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: All that part of the East Three-fourths (E 3/4) of the Southeast Quarter (SE 1/4) of Section Four (4), Township Eighty-three (83) North, Range Twenty-three (23) West of the 5th P.M., Story County, Iowa, lying South of the right-of-way of the Chicago and Northwestern Railway, except the following: beginning on the East line of said Southeast Quarter (SEI/4) of Section Four (4) at a point in the South right-of-way line of the Chicago and Northwestern Railway, thence South 100.37 feet, thence North 85003' West, 100 feet distant from and parallel to the said right-of-way line 1977.68 feet, thence North 100.37 feet to said right-of-way line, thence South 85°03' East along said South right-of- way line, 1977.68 feet to the point of beginning. -7- EXHIBIT 'A' PREPARED FOR; PARCEL #1004400525 8 CITY OF AME5 AME5 CITY HALL 1004400405 515 GLARK AVE. 50 AME5, IOWA 010 PUBLIC UTILITY PROPERTY OWNERS: EASEMENT EXHIBIT LINGOLN ENERGY LLG 59511 LINK. E5/4 5E1/4, 5ECTION 04-85-25 COL OLN HIGHWAY NEVADA IA 50201-1gg2 LINCOLN HIGHWAY AME5, IOWA 50010 LEGAL DESCRIPTION: PROPERTY TRUSTEE WARRANTY DEED - INSTRUMENT u 2006-0013114 ALL THAT PART OF THE EA5T THREE-FOURTHS (E 3/4) OF THE 5OUTI-EA5T QUARTER (5E 1/4) OF SECTION FOUR(4), TOW45HIP EIGHTY-THREE (85) NORTH, RANGE TNENTY-THREE (23) PEST OF THE 5TH P.M., IOWA, LYING 50UTH OF THE RIGHFOF-WAY OF THE GHIGAGO AND NORTHPE5TERN RAILWAY, EXCEPT THE FOLLOWING: BE6INININ5 ON THE EA5T LINE OF SAID 50UFHEAST QUARTER SE 1/4) OF SECTION POW (4) AT A POINT IN THE SOUTH RI6I4T-0E-WAY LINE OF TI-E GHIGAGO AND NORIHPE5TERN RAILWAY, THENCE SOUTH 100.31 FEET, THENCE NORTH 85"03' PJEST, 100 FEET P15TANT FROM AND PARALLEL TO THE 5AID RIGHT-OF-WAY LINE IgTTbB FEET, THE NORTH 10031 FEET TO SAID RICW-OF-WAY LINE, THENCE 50VFH 85°O3' EAST ALONG 5AID SOUTH RIGHT-OF-WAY LINE, IcI77W FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION — PUBLIC UTILITY EASEMENT THE NORTH 25.00 FEET OF THE 50UTH 15.00 FEET OF THE E3/4 OF THE 5EY4 OF 5EGTION 05, TOWN5HIP 83 NORTH, RANGE 23 WE5T OF THE 5TH P.M., CITY OF AME5, 5TORY COUNTY, IOWA EXGEPTING THEREFROM THE PROPERTY RECORDED IN IN5TRUMENT #20l3-OOOO88g4 AT THE 5TORY COUNTY RECORDERS OFFICE AND CONTAINING 1.05 AGRE5 (44,151 SQUARE FEET) MORE OR LE55. CERTIFICATION NOTES 1. TH15 PARCEL MAY BE 5UBJEGT TO lsz�r caznFr nwr Tlxs wn surr.�Yn+e EA5EMENT5 OF RECORD. NO TITLE WORK ooare+r w:s��ro rNe R W suR:.eY •�'� IANb"'••.,, NVl�rNsNIB6 BY ME AToracr WAS PROVIDED OR PERFORMED BY THIS P.•.••.•.• . PBl50lW. AID THAT I AH Hr AH AOI.IY _ �ryj Ixar,® �LMD 96RVPrOR uoet TMc SURVEYOR. W: JEFFREY A "s LAFH OF M S I OF GADDIS c :�•• 1B3st :A; -50C.Sffit'A,ATJDUhIE < SIff75 I-2 LEGEND PROP05ED EA5EFEW AREA I.P. IRON PIPE a PROPERTY LINE-5 I.R IRON ROD S — — LOT LINES P.O.G. POINT OF GOHHENGEFENT SECTION LINES ROB. POINT OF BEGIN NIN16 EASEMENT LINJE5 INIST.XXX COUNTY RECORDER I1,6TRU47ENT m FOUND SECTION CORN ER GFN COUNTY RECORDER CERTIFIED FIELD NOTES x Q SET SECTION CORNIER BK.XX,PG. XX GOUNTY RECORDER BOOK 4 PA6E w • (5/6' I.R. "WE GAP•IH351) M. FEA5l1RED BEARING 6 D15TAW-E FOUND PROPERTY CORNER w SET 3'e' IR W/BLUE GAP •10381 P. PREVIOUSLY RECORDED BEARIN6 4 DISTANCE g = FOUND RICW-OF-WAY RAIL D. DEEPBEARING 6 DISTANCE ADVRE55 ■CECSHEET Civil Engineering Consultants, Inc. w DATE: Jp 2q 201q OF 2 2400 86th Street.Unit 12 _ Des Moines,Iowa 50322 DESIGNED BY. JA6 515.276.4884 . Fax:515.276.7084 . mail@ceclac.com DY BYE `IA6 E--I8 RA 81 a EXHIBIT 'A' PARCEL #1004400525 4 aoo'6A5 1004400405 EI/2 M�4 M24 5E1/4 5E1/4 PUBLIC UTILITY 5W1/4 5E1/4 aar � SEO.O. e3 sa . unun Ewzaerr soar pEAW-t EASEMENT EXH I B I T vnun Faye-err � OKST.�-osol9) E3/4 SEI/4, SECTION 04-55-23 LINCOLN HIGHWAY AMES, IOWA i i aoro reox EASErBrf I I I I \\Y\DK n•IA YVON6E \fib` tu V/ { �P" {� z I z \� p \� /V p O p \\ K�� I \v� .ns r Q �0 O DK PUBLIC UTILITY EASEMENT ��/\ ° " """'""' I 1.05 AGRES `%" z�ar FEF44ONEW ''^^ =Uu EA6EHW 44,15-1 SQUARE FEET Owr.05-0500) ' MA6 MULL— VfILRY eA5@8rf [MT.101}ONCEb4{ = a LINGOLN HI HWAY (Pleat) L .72' 5 N89043'28"E 2621.43' ear LIR50µ iKAN 5 66 z SSSlOLOCI"70 151RAME M u W61WAY tEVADA A SO2d-1555 vorsv-+Ari tam w. .4 10 SEDf]LIN'.Q.N W61YNT � - �D A / ADA IA SO"201-IW4 V v A C `r � — — — v i 3 \\ mx ■C T{L�' C NORTHT SCALE: I "=400' C 2 ivil Engineering Consultants, Inc. 0. 400' eoo' DATE: Jorwa 29 2019 OF 2 2400 86th Street.Unit 12 - Des Moines,Iowa 50322 DE-516NED BY: JAG 5l12764884 _ P'ax.515.276.7184 mailnceclaccom pRpy.1N By, JAG E-7bbl a