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Home My WebLink About~Master - Public Utility Easement - 4709 East Lincoln Way and 5199 East Lincoln Way, Ames East Industrial Sewer, Parcel No. 10 Instrument a: 2019-02427 04/09/2019 09:24:22 AM Total Pages: 9 EASE EASEMENTSRecor ng Fee: $ 47.00 Stacie Herridge, Recorder, Story County Iowa 4 VCK9111`6X1,IAi ��. mill W 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: C,WV) City of Ames, Iowa Diane Voss, City Clerk 515 Clark Avenue Ames, IA 50010 Grantor: Charles A. Wellman,Trustee,and Stanley P. Wellman, Trustee,of the Mary E. Wellman Family Trust U/T/A dated February 16, 1999 Grantee: City of Ames, Iowa PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, CHARLES A. WELLMAN, TRUSTEE, AND STANLEY P. WELLMAN,TRUSTEE, OF THE MARY E. WELLMAN FAMILY TRUST U/T/A DATED FEBRUARY 16, 1999, (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. 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. Riaht 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 Charles A. Wellman, Trustee, and Stanley P. Wellman, Trustee, of the Mary E. Wellman Family Trust U/T/A dated February 16, 1999, 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 writing and signed by both parties. 12. Paraeraph 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- r Signed this�A40ay of Nov 120ev , 20��' THE MARY E. WELLMAN FAMILY MOV °Walf of the TRUST U/T/A DATED FEBRUARY 16, 1999 I 441 j" -S'YES Charles A. Wellman, Trustee ohn A. Haila, May-or Attest: } Diane Voss,City Clerk f "" a �tLY STATE OF IOWA ) ) SS y COUNTY OF POLK ) This record was acknowledged before me this day of/l/eve. , 20a by Charles A. Wellman, Trustee of the Mary E. Wellman Family Trust U/T/A dated February 16, 1999. BRIAN T,JENNINGS Y� Commission Number 776204 ,c My Commission Expires ol December 18, 2018 gnature of Notary Public STATE OF IOWA ) ) SS COUNTY OF STORY ) On this_yG'O>day of 7(�0.r%ut*i. t 20—Vc�, 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. AMYL. COLWELL , L Commission sNsuimber 812138 tary u lic in and for the State of Iowa o.. My n�,'�'donExpires - 5 - THE MARY E.WELLMAN FAMILY TRUST U/T/A DATED FEBRUARY 16, 1999 Stanley P. Wellman, Trustee STATE OF IOWA ) ) SS COUNTY OF WAPELLO ) This record was acknowledged before me this 19,04k day of/ '~P-6P✓ , 2Ar by Stanley P. Wellman, Trustee of the Mary E. Wellman Family Trust U/T/A dated February 16, 1999. BRIANmb Tn JENNINGS mmNumber 77620 4 mission ExpiresCMer 18, 2018 Si4kfure of Notary Public -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: The Southeast Quarter (SEl/4) of Section 5, Township 83 North, Range 23 West of the 5th P.M., Story County, Iowa, lying South of the Chicago and Northwestern Railroad Company's right-of-way, subject to public highways, except commencing at a point on the South line of the Southeast Quarter (SE1/4) of Section 5, Township 83 North, Range 23 West of the 5th P.M., 883 feet East of the Southwest Corner of said Southeast Quarter (SE1/4), 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. -7 - EXHIBIT 'A' PREPARED FOR: PARCEL #1005400305 8 1005400400 CITY OF AMEs CITY HALL 515 C K AVE. PUBL I G UTILITY AMES, ION1 50010 EASEMENT EXHIBIT RTC' OYVNER5: 51/2 5EI/4, SECTION 05-55-23 MARY E WELLMAN FAMILY TRUST LINGOLN HIGHWAY 7114 DEL MATRO AVE DE5 MOINES IA 50311-142Q AME5, IOWA LEGAL DESCRIPTION: PROPERTY TRUSTEE DEED, INSTRUMENT 200500003155 THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 5, TOWN5HIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., IOWA, LYING SOUTH OF THE CHICA60 AND NORTHWESTERN RAILROAD COMPANY 'S RIGHT--OF-WAY, 51,115.lEGT TO PUBLIC HIGHWAYS, EXCEPT COMMENCING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 5, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., 585 FEET EAST OF THE SOUTHEEST CORNER OF SAID SOUTHEAST QUARTER (SEI/4), THENCE EAST ALONG SAID SECTION LINE 2l0 FEET, THENCE NORTH 484 FEET, THENCE WEST 2l0 FEET, THENCE SOUTH 454 FEET TO THE POINT OF BEGINNING LEGAL DESCRIPTION — PUBLIC, UTILITY EASEMENT THE NORTH 25.00 FEET OF THE 5OUTH 75A0 FEET OF 5I/2 504 OF SECTION 5, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA AND EXCEPTING THEREFROM THE PROPERTY DE5GRIBED IN BOOK 166, PACE 143 AT THE STORY COUNTY REGORDER'5 OFFICE AS COMMENCING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 5, TOWNSHIP 83 NORTH, RANGE 23 WE5T OF THE 5TH P.M., 883 FEET EAST OF THE 5OUTHM5T CORNER OF SAID SOUTHEAST QUARTER (5EI/4), THENCE EAST ALONG SAID SECTION LINE 2l0 FEET, THENCE NORTH 484 FEET, THENCE WEST 2l0 FEET, THENCE SOUTH 484 FEET TO THE POINT OF BEGINNING AND GONTAININC 1.35 AGRE5 (5bTO SQUARE FEET) MORE OR LESS. CERTIFICATION NOTr-S I. THIS PARCEL MAY 5E 5UB�CT TO ,IWO.....,,,, I,wY ^F1'Tyr nxs I.�w w EASEMENTS OF RECORD. NO TITLE WORK DO(AMBfi YV5 PREPARED A!m TIE R9l.TfD 9RVEY er ME Mu w o T WAS PROVIDED OR PERFORMED BY THIS c a+�:•••' •.•.., P 'L"AFERVI"Aw n T I M A a Y SURVEYOR. ucas.�, ulo suarrae uor4 nc JEFFREY A. v CIS ` :• 78.b7 :A: Y v:GAOD r ttl.IG9d OATS � M/��@��f03B'i4:D',fE 15 DPL@BHi 91 1JYJ Pk6B OR 51@T�CO'JH�BY i1N•SEALi < .; SFIEE 5 I -2 a C LE&EIW a � PROPOSED E,45E1-EN7 AREA I.P. IRON PIPE PROP6LTY LINES IA IRON ROD o — — LOT LINES PAL. POINT OF C.OMh£NGEFENT SECTION LINES ROB. POINT OF BEGINNING 8 EASEMENT LINES IN5T.XXX COUNTY RECORDER INSTRUMENT FL m - FO11M7 5EGTION GORIER CFN COUNTY RECORDER CERTIFIED FIELD NOTES k Q SET 5EC7ION GORIER BK.XX PS.XX COUNTY RECORDER BOOK ! PAGE IA W/BLIIE GAP•I&WI) M. ME.4511Rm DEARIN6 ! DISTANCE • FOINV PROPERTY GORIE32 w SET 36' IA W/BLUE GM•I6381 P. PREVIOUSLY RECORDED BEARING ! DISTANGE iL = FOUND R16NT-OF-WAY RAIL D. DEED BEARING ! DISTANCE 3 ADDRE55 ■CEC Civil Engineering Consultants, Inc. w 2400 86th Street.Unit 12 . Des Moines,Iowa 50322 DATE. 17 BY, Jacrq 29 201cl OF: 2 LL 515.276.4884 . Fax:515.276.7084 . mail@ceclac.com DRAY 13Y, SAG E--1881 w a EXHIBIT 'A' PARCEL #1005400505 B 1005400400 PUBLIC UTILITY EASEMENT EXHIBIT RIGHT-OP-AAY VETAIL 51/2 5E1/4, SECTION 05-53-23 25D0'PIIBLIG ,{° LINCOLN HIGHWAY VnLITY Ease Is T o. 5�0 6 S AMES, I OWA MAIN2 EASETBdT OO'PLUILIG T5A0' UTILITY EA51h: 75.00' (BK.42,P5.240 MISG) N 4 J 58q°4q'31"E 2666.20' earn'RD!'l EASETIEW 100,00,F?OA EASEVI"T 2 1 � � �� r ,t1 f� NO-WANT"Y'PEW q0.001 RDA - (NOOK IE6,PIGS 148) A EA51EMENT PUBLIC UTILITY FEASEMENT P 45.00' I36 K.(ae 25.00'&A5 5V4 C41 IL SN,TT3 501Mf8 PST MAIN F SECSE.OS-B325 25,00'&A5 (9K.42,P&240 M15G) ' MAIN FASeENT 25.00'PL9l.IG (BK 42,P6.240 MISG) 25DO'PUBLIC, - UrILITY EASEMBfT UTILITY EA58"ENT ® 15m 58q°4q'31"E 2666.20' TS.00' 1 \\ K EAST LIN�OLN AAY �� /\�� AIL ��9: �J' (PI�LIG) p 1Q aY� 5E. k?+t �/s "pip \ SH , Lj ■C T{L�' NORTH SCALE: I =400 Civil Engineering Consultants, Inc. 0' 400' eoo' DATE: Jaw 2q 2019 OF 2 2400 86th Street Unit 12 Des Moines,Iowa 50322 DE-5I6NED BY: JAG — 515.276.4894 Fax sI5 276.7084 mallaceclaacom DRA1..p.J BY: JAG E-788� a