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Home My WebLink About~Master - Easement for Water Main & Sanitary Sewer at 1725 Dayton Avenue i Instrument p: 2020-12329 10/19/2020 01:11:12 PM Total Pages: 3 EASE EASEMENTS Recording Fee: S 17.00 Stacie Herridge, Recorder, Story County Iowa L49,11h1V W11.1vil Will R1111I II SPACE ABOVE RESERVED FOR OFFICIAL C S E Legal descriplion:See page 3. Return document to:City Cleric,515 Clark Avenue,Ames IA 50010 Document prepared by:VctortaA.Feilmeyer.City ofAmes Legal Department 515 Clark Ave.,Am--,IA50010-515-239-5146 any.) Easement Know All Persons: The undersigned, BASF Corporation, a Delaware Corporation, (here- inafter referred to as the"Grantor"), for valuable consideration,does hereby grant unto the 04 oof Ames. Iowa a municipal corporation, (hereinafter referred to as the "Grantee"), upon the condi- tions 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 pub- lic rights-of-way. The Easement Area is a strip of land situated in Story County, Iowa, as shown on the attached Easement Exhibit,and described as follows: For the use of a common public utility distribution system (namely, a water main) ,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 the Easement Exhibit A'attached hereto and by this reference made a part hereof. For the use of a sanitary sewer system: The real property shown on the Easement Exhibit'A'attached hereto and by this reference made a part hereof. Grantees 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 tends 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 trim or remove trees and shrubs within the Ease- ment Area 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 Ar- ea. 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. Easement Page 12 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 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 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 zozo. BASF CORPORA ON SIGNATURE Kent Rotert NAME PRINTED Business Director TITLE OF AUTHORIZED SIGNER STATE OF Iowa .COUNTY OF Story ,SS.: Is instrume t w s acknowledged before me 4 zoao, by (insert name)as i o (insert title)of BASF Cor- poration. C-110t, , � 1_e�VJL NOTARY PUBLIC ASHLEY BOEKE Commission Number 769914 My Commission Expires 0.- September 29, 2023 _______ r ______ _EZbYlxa la VYE. ____ ____ � tAT1 WATER MAIN i I EASEMENT Ne9v2O8•W 15773.50 S.F. 8942BBw 2W.5]' c n1 n' a 885 w SolNoj 1197 soo•oom•E74 W' s0880'0o•E lu•3e'o]w 8009, 1.3.09' S89-3 82 N89.39'SIW A 3 fie' W I �LE,f.g gUBDN1B1ON I � Lott, > I I o I I 3 Survey 0.00 plion-m Sanitary Sewer Easement 3 A County. .I fwt In Mdth in lot 1, test S each side of First Addition to Me a of Ames.Story to on Me laws,being said Lot 1 O00 lest an each side of the I e Souq east Coo rther Beginning ate palm on the south line of said Lott whie l is 2BLSa feet Went of Me 33 of east Comer thereof:thence j N00'1 7'24'E,31.82 feat and there laminating.containing 89833 a f. h Z to Survey Des7bon-10'Water Main Easement NW-1752'E r 6 A sthp 1 O 00 feet in Mtlth In Lot 1,Befley's Subdhoflon,Firat Addition to the C�'1y o Ames,Story 4H 82- Z County,Iowa,being sunned 5.00 feet on each face of pie following rantmlina:Com anong at Me � O Southeast Comer of said Lot yl11:thence N00'l3'09'E.20.0h line of an p0 feet along the east line thereof:thence N00'13'g tin 1521� j4B41Me 82afeet 1500�e 1AW et o/Neee i9Ilnater main se/renz 43Lotel�lot to the lhlfle south 0 line of an evelg 10'Public Utility Easement,and thine laminating;And beginning at'Point A';Manse N89'3"M.3.(H feet;Nance Nim-M-071Y 193 29 feel,thence N89 42409w,5.08 feel W"Pont B';M..continuing N89.42'08'W,271,11 feel to'Pont C'.thence coninul NBB'42'OBW.28T.5]twat Monu SOO'00'00'E.11 W feet entl there telmina0rg;MdI Inning at*Print B';thence SOO'OO'OO'E.08.09 feet,and there terminating:Md beginning al•Pahl C':thence SOO-OO'OOl 11.97 feel,and there terminating,all together containing 15773.N e f SANITARY SEWER EASEMENT 696.33 S.F. 10 N88'{2'OBw L N �1�4E _____�wm' _ 9114 -- --- --�+IOIMgJOJY�lMw "liNEN]_—J ,..—N90'13WE 28158' 20 M W BEGORNFR pJ LOTI Q OWNERS:BECRER-UNDERWOOD.INC. O REQUESTED BY:JOHN WASHINGTON m N`■ t ar 200' ■ 1 hereby certlty that that lend eurw3lrlq document rest om,we l by me o, under my ov direct eemend aYml.... 1 EASEMENT EXHIBIT .YP.�.1an end that I ern o duty Ikerlwd Prolee lend Lend s r.ra order the Ives of the State of le. has Ey 8)G 4q .`GE..... o4£ e�nglXneering WATER MAIN & SANITARY SEWER =3 O_: FO%Enplen N np aoc4us,Irc. 1725 DAYTON AVENUE m t7t61 gE 414 south nth sorest.suer 107 AMES,IOWA y�.roeh Ames.laae5WID R. BRAaE FLs oAtE JJ ... Phase.1515)233d000 Llwnw number 11481 %.yrry� FA%:(515)2 103 JOB*5304-19C DATE: 1/16/20 PAGE 1 OF 1 My Ikanw me" date at December 31,2021. o f 2 LA110 `°°