HomeMy WebLinkAbout~Master - Public Utility Easement from South Dayton Development, L.C. J
Instr. Number: 2019-10949
Recorded: 11/15/2019 at 12:22:13.0 PM
County Recording Fee: $12.00
Iowa E-Filing Fee: $3.00
Combined Fee: $15.00
Stacie L. Herridge - Recorder
Transfer Tax:
Story County, Iowa
SPACE ABOVE RESERVED FOR OFFICIAL U S E
Legal description_See page 1_
Return document to:City Clerk,515 Clark Avenue,Ames IA 50010 _
Document prepared by:V.A.Feilmeyer,515 Clark Ave.,Ames,IA 50010—5 15-239-5 146
Public Utility Easement
Know All Persons:The undersigned,South Da)ton Development L C,an Iowa limited
liability company, (hereinafter referred to as the"Grantor"),its successors and assigns,for valuable
consideration the sufficiency of which is hereby acknowledged,does hereby grant unto the City of
Ames, Iowa, a 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 public utility distribution systems including water,sanitary sewer,
electricity,natural gas,telecommunications,and such other general utilities as may be
distributed under franchise of the City of Ames:
The East 15 feet of Lots 12,13 and 14,all in South Gateway Development,Ames,
Story County,Iowa(the"Easement Area").
Grantee shall have the right within the Easement Area to construct, reconstruct,cover over,
clean up,operate,use,maintain, 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 owner of the underlying real estate,
and the Grantors'successors and assigns,shall not erect or place within the Easement Area 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. The Grantee shall have the right to prevent damage to a permitted improvement of
the Grantee located within the Easement Area, which shall include the right to remove
obstructions within the Easement Area.
z Restoration. Immediately following construction, reconstruction, or repair work by the
Grantee within the Easement Area, weather and season permitting, Grantee shall return the
Easement Area to its condition prior to said work,at Grantee's sole cost.
3 Nonexclusive Easement.The easement rights granted under this instrument to the Grantee
are nonexclusive. This instrument shall not preclude the Grantor fi-om granting similar ease-
ment rights to third parties upon terms and conditions that do not impair or diminish the
rights granted under this instrument to the Grantee-
Easement P a g e 12
4 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.
5 Successors. This Easement shall be binding upon successors and/or assigns of both Grantor
and Grantee.
6 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
_140Vfm'c'P_y l k 12019,
SOUTH DAYTON DEVELOPMENT,L.C.
Dated t�nytrv��V- t l 2019. By: " - U a —4,
----
SIGNATUREre
NAME PRINT D
ITLE OF AUTHORIZED SIGNER
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on lVOYtvv\t_ujr t l+_�l , 2019,by
SycnN N. O (insert name)as (insert title)of South
Dayton Development, L.C.
NOTARY PUBLIC
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