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Home My WebLink About~Master - Public Utility Easement - near Highway 69 Instrument 0: 2020-05249 05/21/2020 08:45:53 AM Total Pages: 3 EASE EASEMENTS Recording Fee: $ 17.00 Stacie Herridge, Recorder, Story County Iowa III '� �l�'jMS�,,hIftaliiYk WU10,41 Nil 11111 SPACE ABOVE RESERVED FOR OFFICIAL USE Legal description:See page 3. �P.f1V Return document to: City Clerk 515 Clark Avenue,Ames IA 50010 Document prepared by:City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146 Public Utility Easement Know All Persons:The undersigned, Dickson D.Jensen and Luann C.Jensen,husband and wife, (hereinafter referred to as the "Grantors"), their successors and assigns, for valuable consideration the sufficiency of which is hereby acknowledged, do 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 de- scribed 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,as shown on the attached Easement Plat,and 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 real property shown on Exhibit"A"attached hereto and by this reference made a part hereof(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 Grantors and shall be accepted and exercised by the Grantee, if at all,subject to the following terms and conditions: i Obstructions Prohibited. The Grantors, 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. 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. 2 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 Grantors from 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 L 1 a 4 Title Warranty. The Grantors warrant to the Grantee that the Grantors hold the Easement Area by title in fee simple; that the Grantors have 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 Grantors 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 3 I zozo. e D KSON D.JENSEN LUANN C.JENSEN STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on ,zoao,by Dickson D.Jensen and Luann C.Jensen. NOTARY PUBLIC Natalie E.Heward Commission Number 801418 My Commission Expires /OW* January 27,2023 PREPARED BY&RETURN TO: CIVIL DESIGN ADVANTAGE, 3405 SE CROSSROADS DRIVE, SUITE G,GRIMES, IA.50111. PH:369-4400 FAX:369-4410 EXHIBIT 'A' - EASEMENT PLAT PUBLIC UTILITY EASEMENT DESCRIPTION A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 23, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS A 10.00—FOOT—WIDE EASEMENT BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF THE SOUTHWEST QUARTER; THENCE NORTH 0'10'34" WEST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, A DISTANCE OF 334.84 FEET; THENCE SOUTH 89-49'26" WEST, 50.00 FEET TO THE WEST RIGHT OF WAY LINE OF HIGHWAY 69 AND THE POINT OF BEGINNING; THENCE NORTH 88'34'21" WEST, 220.56 FEET; THENCE SOUTH 83'50'40" WEST, 46.92 FEET; THENCE SOUTH 77'17'59" WEST, 63.74 FEET; THENCE SOUTH 7139'32" WEST, 85.19 FEET TO REFERENCE POINT 'A'; THENCE SOUTH 71'48'31" WEST, 60.43 FEET; THENCE SOUTH 78'20'44" WEST, 48.24 FEET; THENCE SOUTH 85'30'47" WEST, 44.04 FEET; THENCE NORTH 89'27'52" WEST, 936.19 FEET TO A POINT OF TERMINUS; BEGINNING AT REFERENCE POINT 'A'; THENCE NORTH 60'25'19" WEST, 73.74 FEET; THENCE NORTH 48'23'47" WEST, 60.06 FEET; THENCE NORTH 43'53'45" WEST, 116.20 FEET; THENCE NORTH 41'04'54" WEST, 166.11 FEET TO THE POINT OF TERMINUS AND CONTAINING 0.44 ACRES (19,147 SQUARE FEET). THE SIDELINES OF SAID EASEMENT SHALL SHORTEN OR EXTEND TO THE RIGHT OF WAY AT THE POINT OF BEGINNING. � I I I I I I I N48023'47"W 60.06' NWT/4 sw124 N43053'45"W 116.20' 4 s'w/� PSEC 23 g3. N41°04'54"W 166.11' Pj NW/ B3-2 10.00' P.U.E. S89'49'26"W 50.00' 10.00' P.u.E. N88034'21"W 220.56' N60°25'19"W 73.74' I � S85030'47"W 44.04' - LLD pZ S78020'44"W 48.24' CO N89"27'52"W 936.19' S71°48'31"W 60.43' POINT OF o �� BEGINNING Z S71 39 32 W 85.19 S77017'59"W 63.74' I S83050'40"W 46.92' N SE COR NE1/4 SW1/4 SEC 23-83-24 POINT OF COMMENCEMENT SCALE 0' 125' 250' 50C' 1" = 250' FILE: H:\2a18\181o578\DWG\1810578—PUE.DWG FILE DATE: 4/23/20 DATE PLOTTED: 4/23/2020 10:32 AM PLOTTED BY: JON ERDAHL: PT NE1/4 SW1/4 AND NW1/4 SW1/4 3405 SE CROSSROADS DRIVE,SUITE G I /� SEC 23-83-24 GRIMES,IOWA 50111 1810.578 EASEMENT PLAT CIVIL DESIGN ADVANTAGE PH:(515)3694400 Fax (515)369-4410 STORY COUNTY,IOWA