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Home My WebLink About~Master - Public Uility Easement, Hubbard Harvest LLC Instrument #: 2019-04392 06/04/2019 09:18:49 AM Total Pages: 9 EASE EASEMENTS 47.00 Iowa Recording Fee: County Stacie Herr idge, ecorder, Story ��I��I��I�� mill hnM' IJ) � iM, 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: (164W) City of Ames, Iowa Diane Voss, City Clerk 515 Clark Avenue Pa BDX g Ames, IA 50010 Grantor: Hubbard Harvest LLC, an Iowa limited liability company Grantee: City of Ames, Iowa PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, HUBBARD HARVEST 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 Public Utility Easement Exhibit, 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, and including any underground tile lines and related structures 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 one full year after completion of the restoration and/or replacing of the easement area due to a City construction project; 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. Private utilities will be responsible for all restoration and the restoration of any settlement that results from their own projects. 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 -3 - conditions of this Easement and said parties consent to the jurisdiction of the person being in Story County, Iowa. 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 Hubbard Harvest LLC an Iowa limited liability company, their heirs, assigns, successors- in-interest, or lessees, if any. 10. Attoorney's Fees. The parties 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. Parag_rMh 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,2 day of .fie 6 . , 20�. HUBBARD HARVEST LLC,AN IOWA LIMITED LIABILITY COMPANY J yc Cofer, Manag STATE OF )SS COUNTY OF This record was acknowledged before me on Fe ,20 19 by Joyce Cofer.Manager of Hubbard Harvest LLC. an Iowa Limited Liabilijy Company. Stamp:_ ___ _ __ _ l taaTAh'/ CAROLINE M,UN:ERW000 STII,V� Y�i Signature of notarial officer SEdL Notary Public in and for I A O State of Oklahoma My Commission expires: U 3�� 11010415 My Commission Expires-blu J§,M - 5 - Signed this 10 day of 201. HUBBARD HARVEST LLC,AN IOWA LIMITED LIABILITY COMPANY 0ow,-� 69 , 6p- Donna Dede Coe, Manager STATE OF / -&—m—S ) )SS COUNTY OF �,e n 7`0 •V ) Z0 This record was acknowledged before me on E !Z cc/f-rG , 2017 by Donna Dede Coe. Manager of Hubbard Harvest LLC an Iowa Limited Liability Company. Stamp: � G�%� u/3'�'�✓�, Signature of notarial officer EILEEN LEDGERWOOD Notary lD p131081381 My Commission Expires My Commission expires: 42r/t_ l U� April 10,2021 - 6 - PREPARED FOR: EXHIBIT 'A' CITY OFAMES CI AMES CITY HALL PARCEL #1004500505, 1004500405, 515 CLARK AVE. $ 1004400140 AMES, IOWA 50010 PUBL I c UTILITY PROPERTY OWNERS: EASEMENT EXH I B I T HUBBARD HARVEST LLG FRISCO TX -75034 51/2 SWI/4 4 WI/2 51611/4 5EI/4, SECTION 04-55-25 LEGAL DESCRIPTION: PROPERTY LINCOLN HIGHWAY TRUSTEE WARRANTY DEED - INSTRUMENT # 2012-00015758 AMES, IOWA 50010 THE SOUTHWEST QUARTER LYING SOUTH OF THE CHIGA60 AND NORTHWESTERN RAILROAD RIGHT-OF-WAY, AND THE WEST QUARTER OF THE SOUTHEAST QUARTER LYING SOUTH OF SAID RAILROAD RIGHT-OF-WAY, ALL IN SECTION 4, TOWNSHIP 83 NORTH,RANGE 23 WE5T OF THE 5TH P.M. IN STORY COUNTY, IOWA, EXCEPT HIGHWAYS,AND EXCEPT THE FOLLOWING: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 4 "iIGH 15 861 FEET WE5T OF THE SOUTH QUARTER CORNER THEREOF, AND RUN THENCE WEST ALONG SAID SOUTH LINE Ilq FEET, THENCE NORTH Iq7 FEET, THENCE EAST Ilq FEET, AND THENCE SOUTH Iql FEET TO THE POINT OF BEGINNING;AND ALSO EXCEPT: BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,bO .q FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION, THENCE NORTH 0°57' EAST 26q FEET, THENCE SOUTH 88°37' EAST 264.3 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER THENCE YE5T 200.4 FEET TO THE POINT OF BEGINNING;AND COMMENCIN6 AT THE SOUTHWEST CORNER OF SAID SECTION 4, THENCE EAST 6OcIA FEET, THENCE NORTH 0057 EAST 2661 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING NORTH 00°57' EAST 54.5 FEET, THENCE SOUTH 88°26' EAST M3.2 FEET, THENCE SOUTH 0°57' 0E5T 83.68 FEET, THENCE NORTH 88°37' WE5T K13.2 FEET TO THE POINT OF BEGINNING LEGAL DESCRIPTION — PUBLIC UTILITY EASEMENT THE NORTH 25.00 FEET OF THE SOUTH 75.00 FEET OF THE 5WI/4 5WI/4 4 THE NORTH 25.00 FEET OF THE SOUTH 75.00 FEET OF THE SEI/4 SWIM AND THE NORTH 25.00 FEET OF THE SOUTH 75.00 FEET OF THE WI/2 5WI/4 SEIM, ALL IN SECTION 04, TOWNSHIP 83 NORTH, RANGE 23 WEST OF THE 5TH P.M., GITY OF AMES, STORY COUNTY, IOWA EXGEPTIN6 THEREFROM THE PROPERTIES DESCRIBED IN INSTRUMENT #200q-OOOI2615 4 #2017-05674 AT THE STORY COUNTY REGORDER'S OFFICE AND CONTAINING 1.67 ACRES (72,3g3 SQUARE FEET) MORE OR LESS. CERTIFICATION NOTES I HEREBY CERTIFY THAT THIS LAND SURVEYING I. THIS PARCEL MAY BE SUBJECT TO LAAJD EASEMENTS OF RECORD. NO TITLE WORK •�••• q, DOCUMENT WA6 PREPARED AND THE RELATED SURVEY LAAb ''i VMK WA5 PEWoRMFD BY ME OR UNDER MY DIRECT WAS PROVIDED OR PERFORMED BY THIS ,••" 4 FERSa*A SUPERVISION AND THAT I AM A DULY J` LICENSE-0FROFE55 ONAL LAND SURVEYOR UNDER^:c SURVEYOR. �•JEFFREY A.•.�L LAYLS OF THE i5T".1°E OF IOWA. `O CADDIS c _ Moth 12,201q a JErFY 6ADDM br-AA LIG-NSE NO.183BI DATE G 1 18381 �� Z A M1, RENE ,DATE 15 DECEMBER 31,2020 �'.� ••'• .•'• �` F AJES OR SHEETti COVERED BY THIS SEAL SHEETS I -3 N P LEGEND N G� PROPOSED EASEMENT AREA I.P. IRON PIPE 9 PROPERTY LINES I.R. IRON ROD o — — LOT LINES P.O.G. POINT OF COMMENCEMENT a — — SECTION LINES P.O.B. POINT OF BEGINNING R EASEMENT LINES IN5T.XXX COUNTY RECORDER INSTRUMENT E - FOUND SECTION CORNER GFN COUNTY RECORDER CERTIFIED FIELD NOTES Q SET SECTION CORNER BK.XX,P6. XX COUNTY RECORDER BOOK 4 PAGE w (5/8" I.R.W/BLUE GAP#ia381) M, MEASURED BEARING 4 DISTANCE FOUND PROPERTY CORNER SET V I.R."LUE GAP#15381 P. PREVIOUSLY RECORDED BEARING d DISTANCE = FOUND RIGHT-OF-WAY RAIL D. DEED BEARING 4 DISTANCE ADDRESS SST ECEC 0 Civil Engineering Consultants, Inc. I ' DATE: March 12 201al OF 3 w 2400 86th Street.Unit l2 . Des Moines,Iowa 50322 DESIGNED BY: JACK d 515.276.4884 . Fax 515.276.7084 . mail@ceclac.com D BY: JDS B--7881 ymoo d EXHIBIT 'A' RIGHT-OF-WAY DETAIL PARCEL #1004500505, /4 SVvj/4 I 1004500405, 4 1004400140 4 5EG•0 -g3-23 I ✓�I/4 4 B3' 23I/4 PUBL I G UTILITY 25,00'PUBLIC 25 '6A5 25A0'PUBLIC EASEMENTEXHIBIT MAIN EASEMENT UTILITY EASEMENT (BK.42,P6.23l"so) UTILITY EASEMENT '75.00' I SI/2 SWI/4 $ WI/2 SWI/4 SEI/4, SECTION 04-55-25 LINCOLN HIGHWAY $ AMES, IOWA g 2000'PERMANENT UTILITY EASEMENT �pNsr.gs-0sou) 100.00,R.OYL ANT I I 1 c, D I \DK PUBLIC UTILITY � � A� r�U�,4 EASEMENT V p� � �p vryp (/��n I.6� ACRES tK, " '72,3g3 SQUARE FEET 20.00'PERMANENT JUSTIN RYAN BLOCK'ETAL' UTILITY EASEMENT 5632I LINCOLN HI6HWAY UTILITY g5 EASEMENT I =AL IA 5020I-'1856 MARRANTYDEED501-00012615) INST. KRAMER DWI6 fr L! SURVEY PLAT(CFN BK.6,P(5.245) gO.00'R.OYC ZOEANN K TRUSTEES (IN5T•069Iq)(APR O'T,1" EASEMENT 50155 LINCOLN HIGHWAY NEVADA IA 50201-9857 45.00'M.t D. !WARRANTY DEED INST.2011-0MENT— 56141 UT�ANENT (INST 01-06221) (EASEMENT IN5T.q5-05013) I (INST.q5-05011) 0 0 25,00'6AS • MAIN EASEMENT N 25.00'PUBLIC 25.00'PUBLIC (BK.42,PG.251 MISC) UTILITY EASEMENT UTILITY EASEMENT UTILITY EASEMENT N N I •o M.4•V. �_ 135 =86100' o I � rSAo' U (PUBLIC) fSAo' TS 00' s8a°5o'43"� 5E ,� MAGNAIL m SEC.05 e3 — —t� I �' ryo. \V 2662.56' ` . SEC.04 54`ORNEIR -W-2523 5W CORNER .A" ��\ SEC.04-63-23 r 1,�Q- cj��P rn ry" '�C �PQP \0qf� ,p'�� 4, -41 1 5�8517LNCOLN ..-1 \\�y I ,�IJ� P' \\� �i NEVADA IA I1150 tom' �Y`d" I � ()'• I U� ECEC SCALE: 111=4001 NORTH �FIEfT 0 Civil Engineering Consultants, Inc. o' 400' eoo' AT March 12 201q OF 5 2400 86th Street.Unit 12 . Des Moines,Iowa 50322 DESIGNED BY: JAG d 515.276.4884 . Fax 515.276.7084 . mail@ceclac.com DRAWN BY: JDS E-7881 d I EXHIBIT '?�' RIGHT-OF-WAY DETAIL PARCEL #1004500505, W1/2 1004500405, 4 1004400140 MAI 25�0'6A5 PUBLIC UTILITY roK.42 P6.251 MIS) SWI/4 SF-1/4 SEC.04 83 EASEMENT EXHIBIT 25A0'PI.BI_IG 20.20.00'PERIMAFlENT UTILITY EASEMENT UTILITY EASE1,1IEN7 "N5T.q5-C O1U 51/2 5W1/4 4 WI/2 5W1/4 5E1/4, '5°° 5EGTION 04-55-25 LINCOLN HIGHWAY AME5, IOWA $ i 83.00'R.O.W. EASEMENT I I I PUBLIC UTILITY EASEMENT 1.61 AGRE5 �t 12,3g3 5QUARE FEET ry \\� I DK DK p( 'q 245) 25.00'6A5 II) MAIN EASEMENT a MK.42,P6.231 MISG) I MASNAIL 0 25.00'PUBLIC f 25.00'6A5 5E CORNER o I UTILITY EASEMENT I MAIN EASEMENT SEC.04-83-23 42,PG.242 M156) SE ! s LINCOLN HI HWAY SEC,.03 83 23 (WBLIG) .PO' 65456' _65456' �� 1510.72' —N8q043'28"E 262I.43' 0 � CORNER I 0 �4 SEC.04-83-23 MA6NAIL 5 LARSON,I AN 5 m \ 7 58802 LINCOLN HIGHWAY NEVADA IA 50201 BREKKE,RANDY a NHIG+SUZANNE M \ '0 58510 LINGOLN HIGHWAY 1/- ,gyp U; NEVADA IA 50201-'1858 � ryOj � ' I DOHRMAN,DEREK W t ME6AN JO 00 58D42 LING"HIGHWAY �� NEVA12A IA 50201-7859 CK I I o ECEC NORTH SCALE: I "=400' SHEET 0 Civil Engineering Consultants, Inc. O' 400' eoo' 2400 86th Street.Unit 12 Des Moines,Iowa 50322 DATE. March 12 201Cl OF 3 . 515.276+4884 . Fax:515.276,7084 mail(a)cecla DESIGNED BY: SAG � c,com DRAWN BY: JDS E-7881 d