HomeMy WebLinkAbout~Master - Water Main Easement, Lot 1 Iowa State University Research Park Phase III, Third Additionr
Instrument 4: 2020-06124
• 06/10/2020 08:41 :47 AM Total Pages: 3
EASE EASEMENTS
' Recording Fee: g 17.00
Stacie Herridge, Recorder, Story County Iowa
ti' '7,1AI.Y'11, 111 1I II I1111 C
SPACE ABOVE RESERVED FOR OFFICIAL USE
Legal description: See page 3.
�hV Return document to:City Clerk,515 Clark Avenue,Ames IA 50010
Document prepared by: tty o Ames Lega Department,515 Ave.,Ames,IA 5 1 —51 - -5146
Water Main Easement
Know All Persons:The undersigned, Deere & Company, a foreign for-profit corporation
operating in the State of Iowa, (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, as shown on the attached Plat of Easement, and described as follows:
For the use of a water main:
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 Grantor
and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions:
1 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.
s Restoration. Immediately following construction, reconstruction, maintenance, operation replacement,
repair work or removal by the Grantee within the Easement Area, weather and season permitting, Grantee
shall timely 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 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.
Easement page 12
4 Condition. Grantee has examined and knows the physical condition of the Easement Area and accepts
such "as is." Grantee acknowledges that Grantor has made no representation, warranty or other
assurances concerning the Easement Area or the adequacy,safety,suitability,or other condition of such
for Grantee's purposes,except as set forth in Section 6 below.
5 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 easement rights herein
provided for.
6 Grantee Approval. Grantee,by acceptance and recording of the Easement agrees to be bound by the
terms herein.
7 Successors. This Easement shall be binding upon successors and/or assigns of both Grantor and
Grantee.
8Interpretation.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
2020.
DEERE&COMPANY
``��77 SIGNATURE SIGNATURE
NAMF PRINTED NAME PRINTED
�za», LCad�� TI�TTC -/},mac Ls40
TITLE OF AUTHORIZED SIGNER TITLE OF AUTHORIZED SIGNER
STATE OF IOWA,COUNTY OF STORY,SS.:
is instrument was c�/owwledged before me on 6 / T 202o, by
YY and (insert names)as
and (insert
title/office)of Ueerel Company.
��aucs@ SOYOUNG SHIN
i F GOmmISSI0n Number 812768 NOTARY PUBLI
My Commission Expiiirels
Se tember 20,
WATER MAIN EASEMENT EXHIBIT'A'
LOCATION: LOT 1 IOWA STATE UNIVERSITY RESEARCH PARK
PNAS�III,THIRD ADDM N TO CITY OF AMES
STORY COUNTY,IOWA
PROPRIETOR: DEERE®COMPANY
SURVEYOR: 7161
FOX ENGINEERING
NGTES,INC-
AM IA 50010
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