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Home My WebLink About~Master - Public Utility Easement from Georgette Ward Instrument 4: 2019-08506 09/16/2019 08:54:22 AM Total Pages: 3 EASE EASEMENTS Recording Fee: 17.00 Stacie Herridge, Recorder, Story County Iowa M111 Wl" FAH116hti0"'All IWII !it'll killSwill 11111 SPACE ABOVE RESERVED FOR OFFICIAL USE Legal description:See page 3. Ce v)v) Return document to:City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by:Victoria A.Feilmeyer.City ofAmes Legal Department 515 Clark Ave.,Ames,IA 50010—515-239-5146 Public Utility Easement Know All Persons: The undersigned, Georgette Ward,as trustee of the Living Trust of Georgette Ward dated June 22,2oi6, (hereinafter referred to as the"Grantor"),her successors and assigns, for valuable consideration the sufficiency of which is acknowledged,does hereby grant unto the City of Ames,an Iowa municipal corporation, its successors and assigns(hereinafter referred to as the "Grantee"), upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area for the uses set forth hereinafter over, upon,across and under the Easement Area together with a perpetual right of ingress and egress between said Easement Area from adjacent public rights-of-way. The Easement Area is a strip of land situated in Story County,Iowa,described as follows: For the use of common water distribution systems including water lines (both raw water and treated drinking water),and wastewater lines,and such other general utilities as may be distributed under franchise of the City of Ames: The real property shown on Schedule"A"attached hereto and by this ref- erence made a part hereof. Grantee shall have the right within the Easement Area to locate,relocate,replace,construct, reconstruct, clean up, operate, use, patrol, maintain, remove and repair the systems described. The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee, if at all,subject to the following terms and conditions: i Obstructions Prohibited. The Grantor, as the fee simple owners of the underlying real es- tate,and the Grantors'successors and assigns, shall not erect or place within the Easement Ar- ea any building or other structure or improvement or any trees, shrubs or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee. 2 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantors from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 3 Title Warranty. The Grantor warrants to the Grantee that the Grantor holds the Easement Area by title in fee simple; that the Grantor has good and lawful authority to grant the ease- ment rights herein provided for. Easement Page 12 4 Interpretation. Words and phrases used in this instrument shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This instrument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. In Witness Whereof the undersigned has executed this instrument on aq C 2019. LIVING TRUST OF GEORGETTE WARD DATED JUNE 22,2oi6. Georgette rd,Trustee STATE OF R-oki ciA ,COUNTY OF SS.: This instrument was acknowledged before me on , 2019, by Georgette Ward, as Trustee of the Living Trust of Georgette Ward dated June 22,2016,and any amendments thereto. E z NQ ARY PU>j�I Co"No/NNfUN •; �" tow fto I5 M MlrlwaAw�NNh► S P A C E A B V E RESERVED FOR OFFIC I A L U S E _....uocument to:City Clei 515 Clark Avenue,Ames IA 50010 Document prepared by:ViaoriaA.Nilmeyer.City ofAmes Legal Department 515 Clark Ave.,Ames, 0010—515-239-5146 Public Utility Easement Know All Persons: Th undersigned, Georgette Ward as t/steethe LivingTrust of Ge�or--- ' anted June 2a 16. (hereinafter referred to as the Grantor"),her successors and ass a..a, f:valuable consideration i e aua....... the City of Ames,an Iowa municipa orporation,vits successors nil assigns(hereinafter rererreu as the "Grantee"), upon the conditio hereinafter recited, t e perpetual right to enter upon the land hereinafter described as the Easem t Area for the use et forth hereinafter over, upon,across and under the Easement Area together ' h a perpetual fight of ingress andegresss between said Easement Area from adjacent public rights- -way. The aser Story County,Iowa,described as follows: ` For the use of common water distrib ti systems includirY at",irmevwidot raw water and treated drinking water),an wastewater lines,and such other general utilities as may be distributed under fra ch e of the City of Ames: The real property shown on ched e"A"attached hereto and by this ref- erence made a part hereof. Grantee shall have the right with' the Easemen rea to locate,relocate,replace,construct, reconstruct, clean up, operate, use, pa ol, maintain, rem ve and repair the systems described.The foregoing rights are granted by the G ntor and shall be acc ted and exercised by the Grantee, if at all --A conditions: i Obstructions Prohibited. he Grantor, as owners of the underlying real es- tate, and the Grantors'suc essors and assigns, shall not erec or p,a_� _ ' ' '�the Easement Ar- ea any building or othe structure or improvement or any ees, shrubs or otn,. ' rdscape plantings other than g ss or comparable ground cover except\nimpair or written consent of the Grantee. a Nonexclusive Ea ement. The easement rights granted undement to the Grantee are nonexclusiv . This instrument shall not preclude the Grom granting similar easement rig s to third parties upon terms and conditions thpair or diminish the rights grant d under this instrument to the Grantee. 3 Title W ranty. The Grantor warrants to the Grantee that olds the Easement Area b title in fee simple; that the Grantor has good and la to grant the Base- men ights herein provided for. Easement Page 13 Schedule A' Legal Description-Easement Area The North 40'of Parcel`G'which lies partly in the NE1/4 of the NW1/4,partly in the SE1/4 of the NWi/4, and partly in the NEi/4 of the SW1/4, all in Section 13, Township 83 North, Range 24 West of the 5t`P.M., Story County, Iowa,as shown in the Plat of Survey filed December 28, 1998, as Inst.No. 98-17980. [Easement area is approximately o.83 acres]