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Home My WebLink About~Master - Public Utility Easement - 4821 East Lincoln Way - Ames East Industrial Sewer, Parcel No. 1 Instrument N: 2019-02429 04/09/2019 09:24:22 AM Total Pages: 9 EASE EASEMENTSRecord ng Fee: g 47.00 Stacie 1 Herridge, Recorder, Story County Iowa 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: (PX1V City of Ames, Iowa Diane Voss, City Clerk 515 Clark Avenue Ames, IA 50010 Grantor: Malcolm D. Miller and Nancy C. Miller, 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, MALCOLM D. MILLER AND NANCY C. MILLER, 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. Regarding all property to the West of the existing driveway, all public utilities shall be installed using trenchless construction. The existing pine trees located within this easement as of the date of signing are to remain unharmed and shall not be removed without the consent of the owner. 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. 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 Malcolm D. Miller and Nancy C. Miller, husband and wife, as Joint Tenants with Full Rights of Survivorshin and not as Tenants in Common,their heirs, assigns, successors-in- interest, or lessees, if any. 10. Attorney's Fees. Either party 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 Headincs. 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- e Signed this/Lyday off, 201. Malcolm D. Miller Nahcy C. Aller STATE OF IOWA ) ) SS COUNTY OF STORY ) This record was acknowledged before me this day of 20& by Malcolm D. Miller and Nancy C. Miller, husband and wife, as 3 1nt Tenants with Full Rights of Survivorship and not as Tenants in Common. otary Public BRIAN T.JENNINGS con n sion Number 776204 My Comiss E*k n m ion December 1$, 2021 Exhibit `A' — Legal Description (Easement Area) The North 20 feet of the South 70 Feet of the property described in Book 186, Page 143, of the Story County Recorder's Office as: Commencing at a point on the South Line of the Southeast Quarter of Section 5,Township 83 North, Range 23 West of the 5`" P.M., Iowa, 883 Feet East of the Southwest Corner of said Southeast Quarter;thence East along said Section Line 270 Feet;Thence North 484 Feet; Thence West 270 Feet; Thence South 484 Feet; to the Point of Beginning. (Containing 5,400 Square Feet more or less). EXHIBIT 'A' PREPARED FOR; PARCEL #10054003'T5 GIN OFCITY HALL AMC AMES PUBL I G UTILITY 515 CLARK AVE. AMES, IOWA 50010 EASEMENT EXHIBIT PROPERTY OWNERS: PART OF THE 5W1/4 SEI/4, MALCOLM D 4 NANCY G MILLER SECTION 05-83-23 5-1-101 LINCOLN HIGHWAY AMES IA 50010-Q400 51'70I LINCOLN HIGHWAY AME5 IA 500I0-c1400 LEGAL DE5CRIPTION: PROPERTY WARRANTY DEED (BOOK 186, PAGE 143) COMMBJCING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST GIUART62 OF SECTION 5,TOWNSHIP 83 NORTH, RANGE 23 hFST OF THE 5TH P.M., IOWA 883 FEET EAST OF THE 50UTI41%EST GORIER OF SAID 5OUTHFA T QUARTER THENCE EAST ALONG SAID SECTION LIFE 2-10 FEET,THENCE NORTH 484 FEET, THENCE WEST 210 FEET;THENCE 50M 464 FEET,TO THE POINT OF BEGINNING. LEGAL DESCRIPTION — PUBLIC UTILITY EASEMENT THE NORTH 2O.00 FEET OF THE SOUTH -10.00 FEET OF THE PROPERTY DESCRIBED IN BOOK 186, PAGE 143 AT THE STORY COUNTY RECORDERS OFFICE AS GOMMENGING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 83 NORTH, RANGE 23 WE5T OF THE 5TH P.M., IOWA 883 FEET EAST OF THE SOUTHNE5T CORNER OF SAID 5OVnEAST QUARTER THENCE EAST ALONG SAID SECTION LINE 2-10 FEET, THENCE NORTH 484 FEET, THENCE WEST 2-70 FEET; THENCE SOUTH 484 FEET, TO THE POINT OF BEGINNING AND CONTAINING 5,400 SQUARE FEET MORE OR LE55 CERTIFICATION NOTES I. THIS PARCEL MAY BE SUB-EGT TO �Y ca nF HAT 1s wm ex EYiHb EASEMENTS OF RECORD. NO TITLE WORK OOf.1.19lT WA5 PRBAf�A10 TIE R9.AW f !;tb '•,,, Norac wAs� Dater o-e T I M r+r DIi3LT WA5 PROVIDED OR PERFORMED BY THIS •`` .••• .. P6EQVi S.PEaV151 Atm TiMT AM A LT.IY _ EYOR. yy�� LK8C.9 R�6Sc.RN.LAtO SUtVEYQt UIDf=�c SURV GI.' JEFFREY A '_ LAW r>�171$ p�o_ �y YI,2DI9 78781 :A: W.Ip9& DATE MT' lmB41.,(.TENS IXL9L6231,Y110 �' '.{:'• :':}p`� OR 51�l�JGavBa�BY TXIS SEAL. / 0 W P „_ LEGEND rn PROPOSED EASEMENT AREA I.P. IRON PIPE PROPERTY LINES IR IRON ROD — — LOT LINES P.O.G. POINT OF COMMENCE!- I — — SECTION LINES P.O.B. POINT OF BEGINNING 8 EASEMENT LIDS IN5T.XXX 60U R6GORDER INSTRUMENT m FOUND SECTION C0RNBZ CFN COUNTY RECORDER CERTIFIED FIELD NOTES x Q SET SECTION CORNER BK.XK P6.XX COUNTY RECORDER BOOK 4 PA6E • (5/9' IR YLBLIIE GAP%103BI) M. MEASURED BEARING 4 DISTANCE FOUND PROPERTY CORNER w SET IA Vl/BLUE GAP%18381 P. PREVIOUSLY RECORDED BEARING 4 DISTANCE % D. DEED BEARING 4 D15TANCE= FOUND R16HT-OF-WAY RAIL m ADDRESS 3 ■CEC sCivil Engineering Consultants, Inc. w DATE. Jams 29 2019 OF 5 w 2400 86th Stree[.Unit 12 . Des Moines,Iowa 50322 DE516NED BY; JAG W 515.276.4884 . Fax:515.276.7084 . mail@ceclac.com DRAM ElY, JA6 E--1881 d i EXHIBIT 'A' PARCEL #1005400575 PUBLIC UTILITY DETAIL EASEMENT EXHIBIT PART OF THE 5WI/4 5E1/4, 29A0'(5AS ® 5ECTI ON 05-53-25 MAIN EASB-EM ' (6K.42,PFs.240 M1sc) 20A0'PUBLIC LINCOLN HIGHWAY I urILITM EASEFENr AME5, I OWA ,0.00, EASEF81r - - — - - - - — to ��/r\\� I I z' m MILLER,MALGOLM D t NANOY 6 EASEFENr~-~� F 1441 NTY DEED H OOO AF1l'S IA` IIO-9400 ,gym WARRANTY DEED(BOOK 186,PA6E 143) MA6NAIL o 25A0'bA5 Z54 C.ORIgR SrY-' .�� 2000''PUBLIG ' MAIN EASEFENT UTILITY EASCt-8fT (BK.42,Pb.240 MISC) N 5W.00 _ _ r 1496.26' —58q°4q'31"E Tb & Tsoo 2666.20' Tsm g \\� LINOOL HirzHWAY 10) g '1°��P \\� MPl NAIL z I I \� � �j I e9 sr cos n ' c w r— — 3 o ■ T NORTHSHEE jug' SCALE: =400 \IT Civil Engineering Consultants, Inc. o' 400' eoo 2 DATE: Jan 211 2019 OF 3 240086th Street.Unit 12 _ Des Moines,Iowa 50322 DESIGNED BY. .JAG 515 276.4884 . Fax:515.276 7084 . mail(tmcclac.can DRAM BY: JAG E-7bb a EXHIBIT 'A' PARCEL #1005400575 PUBLIC UTILITY EASEMENT EXHIBIT PART OF THE 5WI/4 5E1/4, SECTION 05-85-25 LINCOLN HIGHWAY AME5, IOWA N8q°4q'31"W 210.00' Q�*Ro:w 40V 1 1 MILLER HALO"D 4 NANGY G lop APES IA 50010-q4OO KARRANIY DEED(BOOK 166,PA6E 143) 4 51. DK DK � o S N( I't 6J pl (w of IN pl to 25.00'6A5 MAIN EASEMENT 1 25.00'6AS or_42,P6.240 MIS-) 20A0'RIBLIG 25.00'6AS SE- MAIN EAFEM UTILITY EASEMENT MAIN E 51!1` M (BK.42,P6.240 MISG) I (BK.42,PS.240 MISG) 10 00' LIN_COLN HIG _ Y _ 3 — — — 58q0415IT 210.00' Vlsuc) 58q°4q'31"E — 2666.20' PUBLIC UTILI7Y WO°'1zOiY h EASEMENT DK EASE1`g1,T DK 5,400 SQUARE FEET ��•\� �� l/V DK 3 I ■ T NORTH uL' SHEET SCALE: = 100 Civil Engineering Consultants, Inc. o' oo' 200' DATE: -Icmarw 211 201q OF s 2400 86th Street.Unit 12 _ Des Moines,Iowa 50322 DE516NED BY: JAG 515.276.4884 . Fax 515.276.7084 . mail�eclae.com DRAWN BY: JA6 E--561 w a