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HomeMy WebLinkAbout~Master - Water Main Easement - Lots 6 & 7, Southtown Subdivision Instrument 0: 2020-06125 06/10/2020 08:41:47 AM Total Pages: 3 1 EASE EA SEMENTS 17.00 Stacie Herridge, ecorder, Story County Iowa SPACE ABOVE RESERVED FOR OFFICIAL USE Legal description:See page 3. Return document to:City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by:City of Ames Legal Department 5l5 Clads Ave.,Ames,IA 50010—515-239-5146 Water Main Easement Know All Persons: The undersigned, G&G Hospitality Ames. LLC, a limited liability company, (hereinafter referred to as the "Grantor"), its 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 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 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 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.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. 4 Easement 1 e e 2 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. T In Witness Whereof the undersigned has executed this instrument on 2020. G&G HOSPITALITY AMES, LLC By: —�^ SIGNATURE NAME PRINTED Coo TITLE OF AUTHORIZED SIGNER STATE OF COUNTY OF ,SS.: This instrument was acknowledged before me on 2020, by (insert name)as (insert title)of G&G Hospitality Ames, LLC. NOTARY PUBLIC State of AR County of � P!V% On this day of JL4A)L' 2020, before me I If, LGL-SIel Fir ,a Notary Public in and for said County and State,personally appeared /art 11A5h ETAC (Name),to me personally known,who being duly sworn did say that he is GOO Intle)of rz4r, 9Pv9 *ZJ c%/ A-Me,5 6I ,(company), and that for said company,and with authority,he signed the foregoing instrument vglulkjrl�{S�a/l�(knowledge of its contents,and that ts^such^contents are true. Notary Public: �O' p1Aa Rty My Commission Expires: 12 -v— l _ .o'; pUB tG C%•••......... a� EASEMENT EXHIBIT "A" LOCATION: IN PARCEL C OF LOTS 6&7,SOUTHTOW N SUBD. CITY OF AMES,STORY COUNTY,IOWA PROPRIETOR: G B G HOSPITALITY AMES,LLC SURVEYOR: R.BRADLEY STUMBO,PLS e17161 FOX ENGINEERING ASSOCIATES,INC. AMES,IA 50010 SIS-233-0000 I 90'00'00"E 22.35' I PPRGEL G WATER MAIN EASEMENT 1765.68 S.F. 00'00'00"E 154.21' Easement Description-Water Main: A strip of land 10.00 feet in width yin within Parcel C of Lots 6 s and 7,Southtown Subdivision,City of Ames,Story County, Iowa,being situated 5.00 feet on each side of the following y centedine: inning at a Quint on the south line of said Parcel C which is 13. 9 feet,S89 48'13"E of the Southwest Comer thereof,thence N00°00'00"E,154.21 feet;thence N90'00'00"E, 22.35 feel,and there terminating,containing 1765.68 s.f. SW CORNER J LS89'48'13"E PARCEL 13.59' S.17TH STREET(80') l N 0 Ioly 2W I hereby certify that this land surveying document was "'%010111111" old= Ib am e or a duly licenser ed Professional direct personal LandperNsion 1O0P GEY gT� � Surveyor under the laws of the State of Iowa. 1.11 Ztog�eering 3/26/2020 -0o 171f>1 'rc FOX Engineering Assodates,Inc. 414 South 17M Street,Suite 107 R. BRADLEY STUMBO, PLS DATE ` Ames,lava 50010 License number 17161 FAX (515)233-0103 My license renewal date is December 31, 2021. rrrrrlllll ill\\\1N JOB*5450-17A DATE:3/26/20 PAGE 1 OF 1